2–18–05 Friday Vol. 70 No. 33 Feb. 18, 2005
Pages 8229–8500
VerDate jul 14 2003 19:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\18FEWS.LOC 18FEWS
i II Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005
The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.archives.gov. What’s NEW! The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication Federal Register Table of Contents via e-mail established under the Federal Register Act. Under 44 U.S.C. 1507, Subscribe to FEDREGTOC, to receive the Federal Register Table of the contents of the Federal Register shall be judicially noticed. Contents in your e-mail every day. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases If you get the HTML version, you can click directly to any document on GPO Access, a service of the U.S. Government Printing Office. in the issue. The online edition of the Federal Register www.gpoaccess.gov/ To subscribe, go to http://listserv.access.gpo.gov and select: nara, available through GPO Access, is issued under the authority Online mailing list archives of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 FEDREGTOC-L U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day Join or leave the list the Federal Register is published and includes both text and Then follow the instructions. graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via e-mail at [email protected]. The Support Team is available between 7:00 a.m. and 9:00 p.m. What’s NEW! Eastern Time, Monday–Friday, except official holidays. Regulations.gov, the award-winning Federal eRulemaking Portal The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Regulations.gov is the one-stop U.S. Government web site that makes Federal Register, Federal Register Index and List of CFR Sections it easy to participate in the regulatory process. Affected (LSA) subscription; the microfiche edition of the Federal Try this fast and reliable resource to find all rules published in the Register including the Federal Register Index and LSA is $165, Federal Register that are currently open for public comment. Submit plus postage. Six month subscriptions are available for one-half comments to agencies by filling out a simple web form, or use avail- the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of able e-mail addresses and web sites. a single copy of the daily Federal Register, including postage, The Regulations.gov e-democracy initiative is brought to you by is based on the number of pages: $11 for an issue containing NARA, GPO, EPA and their eRulemaking partners. less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues Visit the web site at: http://www.regulations.gov of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866- 512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 70 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.
.
VerDate jul 14 2003 19:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\18FEWS.LOC 18FEWS III
Contents Federal Register Vol. 70, No. 33
Friday, February 18, 2005
Agriculture Department Defense Department See Animal and Plant Health Inspection Service NOTICES See Forest Service Federal Acquisition Regulation (FAR): See Grain Inspection, Packers and Stockyards Agency information collection activities; proposals, Administration submissions, and approvals, 8348–8349
Animal and Plant Health Inspection Service Education Department RULES NOTICES Plant-related quarantine, foreign: Agency information collection activities; proposals, Karnal bunt; wheat importation, 8229–8233 submissions, and approvals, 8349–8350 Election Assistance Commission Blind or Severely Disabled, Committee for Purchase From NOTICES People Who Are Meetings; Sunshine Act, 8350 See Committee for Purchase From People Who Are Blind or Severely Disabled Employment Standards Administration NOTICES Centers for Medicare & Medicaid Services Minimum wages for Federal and federally-assisted NOTICES construction; general wage determination decisions, Agency information collection activities; proposals, 8407–8409 submissions, and approvals, 8375–8376 Energy Department Coast Guard See Federal Energy Regulatory Commission PROPOSED RULES See Western Area Power Administration Ports and waterways safety: NOTICES New London, CT; safety and security zones, 8309–8312 Presidential permit applications: North American right whale vessel strikes reduction; port Sea Breeze Pacific Regional Transmission System, Inc., access routes study of potential vessel routing 8350–8351 measures, 8312–8314 NOTICES Environmental Protection Agency Agency information collection activities; proposals, RULES submissions, and approvals, 8399–8402 Air quality implementation plans; approval and Meetings: promulgation; various States: Towing Safety Advisory Committee, 8402 North Carolina, 8291–8299 PROPOSED RULES Air pollution; standards of performance for new stationary Commerce Department sources: See Industry and Security Bureau Stationary combustion turbines; performance standards, See International Trade Administration 8314–8332 See National Institute of Standards and Technology NOTICES See National Oceanic and Atmospheric Administration Confidential business information and data transfer, 8362– 8363 Commission on Review of Overseas Military Facility Environmental statements; availability, etc.: Structure of the United States Agency statements— NOTICES Comment availability, 8364 Meetings, 8347 Weekley receipts, 8363 Grants and cooperative agreements; availability, etc.: Committee for Purchase From People Who Are Blind or Targeted Watershed Program, 8364–8372 Severely Disabled Superfund; response and remedial actions, proposed NOTICES settlements, etc.: Procurement list; additions and deletions, 8340–8342 Salder Drum Site, FL, 8372 Federal Aviation Administration Commodity Futures Trading Commission RULES NOTICES Airworthiness directives: Meetings; Sunshine Act, 8347–8348 Boeing, 8239–8241 Dassault, 8241–8243 Corporation for National and Community Service Class E airspace; correction, 8432 NOTICES Procedural rules: Agency information collection activities; proposals, Civil penalty actions, 8236–8238 submissions, and approvals, 8348 Standard instrument approach procedures, 8243–8245
VerDate jul<14>2003 19:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\18FECN.SGM 18FECN IV Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Contents
PROPOSED RULES Sponsor name and address changes— Airworthiness directives: Phibro Animal Health, 8289 Rolls-Royce plc, 8303–8305 Phoenic Scientific, Inc., 8289–8290 NOTICES Trenbolone acetate and estradiol implant, 8290 Airport noise compatibility program: NOTICES Austin-Bergstrom International Airport, TX, 8424–8425 Meetings: Meetings: Nonprescription Drugs Advisory Committee, 8376–8377 Air Traffic Procedures Advisory Committee, 8425 Vaccines and Related Biological Products Advisory Passenger facility charges; applications, etc.: Committee, 8377 Yakima Air Terminal-McAllister Field, WA, 8425–8426 Reports and guidance documents; availability, etc.: Blood pressure measurement devices Federal Communications Commission (sphygmomanometers)-accuracy; compliance policy PROPOSED RULES guide, 8377–8378 Radio stations; table of assignments: Considerations for plasmid DNA vaccines for infectious Georgia, 8333 disease indications; industry guidance, 8378–8379 Michigan, 8332–8333 FDA Modernization Act of 1997— Nevada and Arizona, 8334–8335 Drug and biologics firms performance in conducting Texas, 8334 postmarketing commitment studies, 8379–8381 Texas and Louisiana, 8335 New product application; conducting a clinical safety Various States, 8335–8336 review and preparing a report on the review; Wyoming, 8333–8334 reviewer guidance, 8381 Federal Emergency Management Agency NOTICES Foreign Claims Settlement Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 8403–8404 Meetings; Sunshine Act, 8407 Disaster assistance: California, 8404–8405 Forest Service Kansas, 8405–8406 NOTICES Kentucky, 8406 Agency information collection activities; proposals, Federal Energy Regulatory Commission submissions, and approvals, 8337–8340 RULES Meetings: Electric utilities (Federal Power Act): Resource Advisory Committees— Public utilities with market-based rate authority; status Eastern Idaho, 8340 changes; reporting requirement, 8253–8269 Natural gas companies (Natural Gas Act): General Services Administration Alaska natural gas transportation projects; conduct of NOTICES open seasons, 8269–8289 Federal Acquisition Regulation (FAR): NOTICES Agency information collection activities; proposals, Electric rate and corporate regulation filings, 8355–8358 submissions, and approvals, 8348–8349 Reports and guidance documents; availability, etc.: Market-based rates for public utilities; comment request, Grain Inspection, Packers and Stockyards Administration 8358–8359 Principles for efficient and reliable reactive power supply RULES and consumption; comment request, 8359 Wheat; U.S. standards, 8233–8236 Applications, hearings, determinations, etc.: Elk River Windfarm LLC, 8351 Health and Human Services Department Klondike Wind Power II, LLC, 8351–8352 See Centers for Medicare & Medicaid Services Northwest Pipeline Corp., 8352 See Food and Drug Administration Promet Energy Partners LLC, 8352–8353 See Health Resources and Services Administration Regional transmission organizations, et al., 8353 See National Institutes of Health Sirius Investment Management, Inc., 8353 See Substance Abuse and Mental Health Services Southern California Edison Co., 8354 Administration TransCanada Hydro Northeast, Inc., 8354–8355 NOTICES Verdant Power LLC, 8355 Poverty income guidelines; annual update, 8373–8375
Federal Reserve System Health Resources and Services Administration NOTICES NOTICES Agency information collection activities; proposals, Grants and cooperative agreements; availability, etc.: submissions, and approvals, 8372–8373 Health professions and nursing programs; eligible low- Banks and bank holding companies: income levels, 8381–8382 Formations, acquisitions, and mergers, 8373 National Vaccine Injury Compensation Program: Food and Drug Administration Petitions received; list, 8382–8391 RULES Animal drugs, feeds, and related products: Homeland Security Department Gentamicin sulfate, betamethasone valerate, clotrimazole See Coast Guard ointment; technical amendment, 8290–8291 See Federal Emergency Management Agency
VerDate jul<14>2003 19:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\18FECN.SGM 18FECN Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Contents V
Housing and Urban Development Department National Institute of Standards and Technology NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings: Homeless assistance; excess and surplus Federal Advanced Technology Visiting Committee, 8344–8345 properties, 8433–8470 National Institutes of Health Industry and Security Bureau NOTICES RULES Meetings: Export administration regulations: National Cancer Institute, 8391–8392 License exception TMP revision; basic communications National Center for Complementary and Alternative equipment export to Sudan for use by organizations Medicine, 8392 to relieve human suffering, 8251–8253 National Institute of Allergy and Infectious Diseases, Technical corrections, 8245–8251 8392 NOTICES National Institute of Child Health and Human Meetings: Development, 8394–8396 Regulations and Procedures Technical Advisory National Institute of Diabetes and Digestive and Kidney Committee, 8342–8343 Diseases, 8396 National Institute of General Medical Sciences, 8394– Interior Department 8395 See Land Management Bureau National Institute of Mental Health, 8393–8394 Internal Revenue Service National Institute on Alcohol Abuse and Alcoholism, 8392–8393 NOTICES Scientific Review Center, 8397–8398 Meetings: Taxpayer Advocacy Panels, 8427–8428 National Oceanic and Atmospheric Administration International Trade Administration NOTICES NOTICES Meetings: Countervailing duties: Gulf of Mexico Fishery Management Council, 8345–8346 Hard red spring wheat from— Integrated Ocean Observing System, 8346 Canada, 8343 New England Fishery Management Council, 8346–8347 Meetings: Occupational Safety and Health Administration 3Rs International Industry Symposium; reduce waste, RULES reuse, and recycle initiative, 8343–8344 Safety and health standards: Justice Department National consensus standards and industry standards; See Foreign Claims Settlement Commission outdated references deletion; withdrawn, 8291 NOTICES Environmental statements; availability, etc.: Pipeline and Hazardous Materials Safety Administration Community Oriented Policing Services Office— RULES Methamphetamine Initiative, 8407 Organization, functions, and authority delegations: Pipeline and Hazardous Materials Safety Administration Labor Department and Research and Innovative Technology See Employment Standards Administration Administration; establishment and other See Occupational Safety and Health Administration organizational changes, 8299–8302 Land Management Bureau Presidential Documents NOTICES EXECUTIVE ORDERS Survey plat filings: Executive orders blocking property and prohibiting certain Colorado, 8406–8407 transactions; clarification regarding donations (EO 13372), 8499–8500 National Aeronautics and Space Administration ADMINISTRATIVE ORDERS NOTICES Jordan; waiver of prohibition on use of economic support Federal Acquisition Regulation (FAR): funds (Presidential Determination) Agency information collection activities; proposals, No. 2005-20 of February 10, 2005, 8495–8497 submissions, and approvals, 8348–8349 Meetings: Research and Innovative Technology Administration Aeronautical Technologies Strategic Roadmap Committee, RULES 8409 Organization, functions, and authority delegations: Earth Science and Applications from Space Strategic Pipeline and Hazardous Materials Safety Administration Roadmap Committee, 8409 and Research and Innovative Technology Sun-Solar System Connection Strategic Roadmap Administration; establishment and other Committee, 8409 organizational changes, 8299–8302 Universe Exploration Strategic Roadmap Committee, 8410 Securities and Exchange Commission National Credit Union Administration NOTICES NOTICES Meetings; Sunshine Act, 8411 Agency information collection activities; proposals, Self-regulatory organizations; proposed rule changes: submissions, and approvals, 8410–8411 American Stock Exchange LLC, 8411–8413
VerDate jul<14>2003 19:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\18FECN.SGM 18FECN VI Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Contents
Chicago Stock Exchange, Inc., 8413–8414 See Research and Innovative Technology Administration National Association of Securities Dealers, Inc., 8414– See Surface Transportation Board 8416 RULES Pacific Exchange, Inc., 8416–8417 Organization, functions, and authority delegations: Pipeline and Hazardous Materials Safety Administration Small Business Administration and Research and Innovative Technology NOTICES Administration; establishment and other Agency information collection activities; proposals, organizational changes, 8299–8302 submissions, and approvals, 8417 Disaster and emergency areas: Treasury Department Hawaii, 8417–8418 See Internal Revenue Service Utah, 8418 See Thrift Supervision Office West Virginia, 8418 Veterans Affairs Department Social Security Administration PROPOSED RULES NOTICES Loan guaranty: Privacy Act: Housing loans in default; servicing, liquidating, and Computer matching programs, 8418–8424 claims procedures, 8471–8494
State Department Western Area Power Administration PROPOSED RULES NOTICES Passports: Environmental statements; notice of intent: Electronic passport; definitions, validity, replacement, White Wind Farm Project, SD; construction and and expedited processing, 8305–8309 operation, 8359–8361 Power rate adjustments: Substance Abuse and Mental Health Services Boulder Canyon Project, 8361–8362 Administration NOTICES Agency information collection activities; proposals, Separate Parts In This Issue submissions, and approvals, 8398–8399
Surface Transportation Board Part II Housing and Urban Development Department, 8433–8470 NOTICES Meetings; Sunshine Act, 8426 Part III Railroad operation, aquisition, construction etc.: Veterans Affairs Department, 8471–8494 Buffalo & Pittsburg Railroad, Inc., 8426–8427
Tennessee Valley Authority Part IV NOTICES Presidential Documents, 8495–8497, 8499–8500 Agency information collection activities; proposals, submissions, and approvals, 8424 Reader Aids Thrift Supervision Office Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Reports and guidance documents; availability, etc.: and notice of recently enacted public laws. Overdraft protection programs; guidance, 8428–8431 To subscribe to the Federal Register Table of Contents Transportation Department LISTSERV electronic mailing list, go to http:// See Federal Aviation Administration listserv.access.gpo.gov and select Online mailing list See Pipeline and Hazardous Materials Safety archives, FEDREGTOC-L, Join or leave the list (or change Administration settings); then follow the instructions.
VerDate jul<14>2003 19:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\18FECN.SGM 18FECN Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Contents VII
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Ch. I ...... 8299 Ch. XI...... 8299 Executive Orders: 12947 (Amended by EO 13372)...... 8497 13099 (See EO 13372) ...... 8497 13224 (Amended by EO 13372)...... 8497 13268 (See EO 13372) ...... 8497 13284 (See EO 13372) ...... 8497 13372...... 8497 Administrative Orders: Presidential Determinations: No. 2005-20 of February 10, 2005 ...... 8499 7 CFR 319...... 8229 810...... 8233 14 CFR 13...... 8236 14...... 8236 39 (2 documents) ....8259, 8241 71...... 8432 97...... 8243 Proposed Rules: 39...... 8303 15 CFR 730...... 8245 738...... 8245 740 (2 documents) ...... 8245, 8251 748...... 8245 756...... 8245 764...... 8245 766...... 8245 772...... 8245 774...... 8245 18 CFR 35...... 8253 157...... 8269 21 CFR 510...... 8289 520...... 8289 522...... 8290 524...... 8290 22 CFR Proposed Rules: 51...... 8305 29 CFR 1910...... 8291 33 CFR Proposed Rules: 165...... 8309 167...... 8312 38 CFR Proposed Rules: 36...... 8472 40 CFR 52...... 8291 Proposed Rules: 60...... 8314 47 CFR Proposed Rules: 73 (7 documents) ...8332, 8333, 8334, 8335 49 CFR 1...... 8299
VerDate jul 14 2003 19:40 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\18FELS.LOC 18FELS 8229
Rules and Regulations Federal Register Vol. 70, No. 33
Friday, February 18, 2005
This section of the FEDERAL REGISTER PPQ, APHIS, 4700 River Road, Unit 140, The commenter noted that the contains regulatory documents having general Riverdale, MD 20737–1236; (301) 734– proposed rule’s economic analysis applicability and legal effect, most of which 6799. mentioned, but did not identify, five are keyed to and codified in the Code of SUPPLEMENTARY INFORMATION: durum-producing Mexican States in Federal Regulations, which is published under addition to the States of Sonora and Baja 50 titles pursuant to 44 U.S.C. 1510. Background California (i.e., the States where the Mexicali Valley, a Karnal bunt-free area The Code of Federal Regulations is sold by Karnal bunt is a fungal disease of already recognized in the regulations, is the Superintendent of Documents. Prices of wheat (Triticum aestivum), durum new books are listed in the first FEDERAL located). The commenter identified four wheat (Triticum durum), and triticale REGISTER issue of each week. of the five Mexican States and offered (Triticum aestivum × Secale cereale), a relative per-State percentages for durum hybrid of wheat and rye. Karnal bunt is production in Mexico and suggested caused by the smut fungus Tilletia DEPARTMENT OF AGRICULTURE that, due to transportation costs and indica (Mitra) Mundkur and is spread other considerations within Mexico, by spores, primarily through the Animal and Plant Health Inspection more wheat originating in the Mexican movement of infected seed. Our Karnal Service State of Sonora may be exported to the bunt-related import regulations are United States than had been explored in contained in Subpart—Wheat Diseases 7 CFR Part 319 the economic analysis. (7 CFR 319.59 through 319.59–2). [Docket No. 02–057–2] On March 3, 2004, we published in While increased Mexican wheat RIN 0579–AB74 the Federal Register (69 FR 9976–9982, imports from Mexico may occur, as the Docket No. 02–057–1) a proposal to commenter suggests, our economic Karnal Bunt; Revision of Regulations amend the regulations by listing regions analysis concludes that the effects are for Importing Wheat affected with Karnal bunt, as well as likely to be small relative to the value of the domestic industry. The AGENCY: Animal and Plant Health articles that would be regulated for Karnal bunt; increasing the flexibility of commenter did not provide evidence to Inspection Service, USDA. the contrary. We are making no changes ACTION: Final rule. the regulations so that they could provide more readily for the recognition in response to this comment. SUMMARY: We are amending our of areas where Karnal bunt is not known With respect to the five durum- regulations regarding the importation of to occur within regions where Karnal producing Mexican States mentioned wheat from regions affected with Karnal bunt is known to be present; describing but not specifically identified in the bunt. Our amendments, among other conditions, including requirements for proposed rule, we have updated the things, list such regions, as well as phytosanitary certificates, under which economic analysis for this final rule to articles regulated for Karnal bunt; wheat and related articles from regions identify these five States, which are increase the flexibility of the regulations affected with Karnal bunt could be Chihuahua, Guanajuato, Jalisco, so that they provide more readily for the imported into the United States; and Michocan, and Queretaro. recognition of areas where Karnal bunt specifying cleaning and/or disinfection The commenter pointed out that is not known to occur within regions requirements for imported farm Karnal bunt has been reported in where Karnal bunt is known to be machinery and other equipment used to additional countries not mentioned in present; describe conditions, including handle or store Karnal bunt-positive the background information in the requirements for phytosanitary seed or host crops. The proposed preamble of the proposed rule. These certificates, under which wheat and changes would make our regulations countries are Nepal, Iran, and South related articles from regions affected regarding the importation of wheat and Africa. with Karnal bunt are imported into the related articles from regions affected The countries we mentioned in the United States; and specify cleaning and/ with Karnal bunt substantively proposed rule are those countries that or disinfection requirements for equivalent to our domestic Karnal bunt have been listed in the wheat import imported farm machinery and other regulations and would make the former regulations as countries where Karnal equipment used to handle or store consistent with international bunt is known to exist. In this final rule, Karnal bunt-positive seed or host crops. agreements to which the United States we have updated the regulatory text of The changes make our regulations is a party. § 319.59–4(b)(1) to include those regarding the importation of wheat and We solicited comments concerning additional countries on that paragraph’s related articles from regions affected our proposal for 60 days ending May 3, list of countries where Karnal bunt is with Karnal bunt substantively 2004. We received two comments by known to occur. equivalent to our domestic Karnal bunt that date, both from representatives of In addition to that change, we are also regulations and make the former domestic wheat industry groups. Both amending the definition of inspector in consistent with international commenters were in favor of the this final rule to reflect the reassignment agreements to which the United States proposed rule. of certain responsibilities from the is a party. However, one commenter offered Animal and Plant Health Inspection EFFECTIVE DATE: March 21, 2005. suggestions for changes to the Service to the Department of Homeland FOR FURTHER INFORMATION CONTACT: Ms. background information contained in Security’s Bureau of Customs and Jeanne Van Dersal, Import Specialist, the preamble of the proposed rule. Border Protection by the Homeland Phytosanitary Issues Management Team, These suggestions are discussed below. Security Act of 2002.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8230 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
Other Changes obligations under international Our economic analysis considers two agreements to which it is a party. scenarios for expanded U.S. wheat In addition to the changes discussed For this rule, we have prepared an imports from Mexico, assuming no above, we have also made two other economic analysis. The economic displacement of other imports. The first changes in this final rule in order to analysis provides a cost-benefit analysis scenario analyzes the impact of ensure that the regulations are internally as required by Executive Order 12866, additional Mexican durum wheat consistent. First, in § 319.59–4(a)(2) of as well as an analysis of the potential exports to the United States of an the proposed rule, we listed Triticum economic effects of this rule on small amount equal to 1 percent of total wheat spp. (wheat) plants among the articles entities, as required under the production in the five additional designated as regulated articles for Regulatory Flexibility Act. The Mexican States cited previously (about Karnal bunt, and in paragraph (c) of that economic analysis is summarized 7,000 MT). This reflects the fact that section we described the conditions below. Copies of the full analysis are about 1 percent of the wheat production under which regulated articles could be available by writing or calling the in the Mexicali Valley, which is already imported from regions where Karnal person listed under FOR FURTHER eligible to be shipped to the United bunt is known to occur. However, under INFORMATION CONTACT. States, is indeed exported to the United § 319.59–2(a), the importation of The economic analysis investigates States.3 The second scenario analyzes Triticum spp. plants into the United the potential economic effects in the the impact of additional Mexican durum States from any country except Canada United States that may result from the wheat exports of an amount equal to 12 is prohibited. In order to avoid any removal of Karnal bunt-related percent of total wheat production in potential confusion between the restrictions on wheat imports. It is those five States (about 87,000 MT). For provisions in §§ 319.59–2 and 319.59–4, anticipated that any additional wheat the period 1998–2001, Mexican wheat we have removed wheat plants from the imports that do occur as a result of this exports to the world represented on list of regulated articles for Karnal bunt rule would be from Mexico. There are average approximately 11.6 percent of so it does not appear that wheat plants five Mexican States that appear to meet total Mexican wheat production could be imported into the United the requirements in this rule for Karnal annually.4 States under the conditions described in bunt-free status. These States are There are reasons to believe that new § 319.59–4(c). Chihuahua, Guanajuato, Jalisco, imports would be limited and that the The other change is similar in nature. Michocan, and Queretaro. The Mexicali first scenario more closely approximates Specifically, in § 319.59–4(b)(1) we list Valley in Sonora 1 and Baja California the amount of Mexican wheat that may regions where Karnal bunt is known to was declared Karnal bunt-free in 1998 eventually enter the U.S. market. Under occur, and paragraph (c) of that section and is therefore not directly affected by this scenario, the new imports are describes the conditions under which this rule. Other countries affected with estimated to be an addition of 7,280 MT, regulated articles, including articles of Karnal bunt which may be eligible to which approximates the 1 percent share Triticum spp., could be imported from export wheat to the United States under of Mexican wheat production in the those regions. However, several of the the regulations may still be precluded Mexicali Valley that was exported to the regions listed in § 319.59–4(b)(1) are from doing so for a number of reasons, United States between 1998 and 2001. also listed in § 319.59–3(b) as regions including the presence of other wheat The Mexicali Valley is one of Mexico’s from which the importation of certain pests. largest wheat producing areas. It is also articles, including articles of Triticum Any new wheat imports into the closer to the United States than the spp., is prohibited due to flag smut. In United States from Mexico are likely to Mexican population centers in central order to prevent a conflict between be durum wheat. In Mexico, demand for and southern Mexico. Transportation those two sets of provisions, we have durum wheat is limited because the costs to the Mexican population centers amended the conditions for the demand for pasta is limited. However, from this area are high because rail lines importation of regulated articles from Mexican wheat producers favor durum must traverse mountains. Despite the regions where Karnal bunt exists wheat due to its higher yield and fact that the U.S. market has been open (§ 319.59–4[c]) to provide that the disease resistance, creating a small to imports of wheat from this area since regulated articles will be eligible for surplus of durum for export. Mexican 1998, Mexican wheat exports directed to importation only if they are not wheat exports since 1995 have been the United States between 1998 and otherwise prohibited under § 319.59–3. almost exclusively durum wheat. 2001 have averaged less than 5 percent Because Mexican wheat exports have of all Mexican wheat exports. Therefore, for the reasons given in the been so concentrated in durum wheat, Another reason to believe that the proposed rule and in this document, we it is expected that any additional quantity of new wheat imports from are adopting the proposed rule as a final imports into the United States from any Mexico that may occur as a result of this rule, with the changes discussed in this new Karnal bunt-free areas in Mexico rule would be small is due to the fact document. would also be durum wheat. For the that the five additional Mexican States Executive Order 12866 and Regulatory period 1998–2001, the annual average identified previously are producing less Flexibility Act durum wheat production in the United than 25 percent of all Mexican wheat, States was about 3 million metric tons and little durum wheat. At present, This rule has been reviewed under (MT). Imports of durum wheat from all Executive Order 12866. The rule has sources averaged about 458,000 MT. Bureau, Foreign Trade Statistics, and Food and been determined to be not significant for Approximately 2 percent of those Agriculture Organization of the United Nations the purposes of Executive Order 12866 imports were from the Karnal bunt-free (FAO). 3 Mexico produced an average annual 3.2 million and, therefore, has not been reviewed by 2 area of Mexico. MT of wheat for the period 1998–2001. Wheat the Office of Management and Budget. grown in the Mexicali Valley in Sonora and Baja This rule amends the import 1 Total Mexican wheat production and exports California accounted for about 18.6 percent of that regulations pertaining to Karnal bunt to declined considerably in 2002 and 2003 due to a total. Over the same time period, an average of severe water shortage for crop irrigation in the 8,754 MT of durum wheat was exported to the make them substantively equivalent to principal wheat producing State of Sonora. United States annually, presumably from the Karnal the domestic Karnal bunt regulations 2 Sources: Economic Research Service, USDA, bunt-free Mexicali Valley. Sources: DOC and FAO. and will help the United States meet its Department of Commerce (DOC), U.S. Census 4 FAO.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8231
durum wheat production in Mexico is the standard established by the SBA for n Accordingly, we are amending 7 CFR concentrated in the northwestern agricultural producers, a producer with part 319 as follows: portion of the country. It has been less than $0.75 million in annual sales estimated that 75 percent of Mexican is considered a small entity. Of the PART 319—FOREIGN QUARANTINE durum wheat production occurs in 241,334 U.S. wheat farms in 1997, at NOTICES 6 Sonora, 13 percent in Baja California, least 92 percent were considered small. n 1. The authority citation for part 319 5 and 5 percent in Sinoloa. The number of durum wheat producers continues to read as follows: In addition, Mexico’s population is not known. It is likely that durum consumes far more wheat than the wheat producers affected by the rule Authority: 7 U.S.C. 450 and 7701–7772; 21 country produces, as is evident in its would be considered small entities. U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. status as a net importer. The Mexican However, as was discussed above, population is concentrated in the increased Mexican wheat imports from n 2. Subpart—Wheat Diseases, §§ 319.59 central and southern part of the country. Mexico would likely have a small through 319.59–2, is revised to read as With the exception of Chihuahua, the adverse impact on domestic producers. follows: five Mexican States considered in the Under these circumstances, the Subpart—Wheat Diseases analysis are in the central part of Administrator of the Animal and Plant Mexico. The transportation of wheat Health Inspection Service has Sec. 319.59–1 Definitions. from these States to the United States determined that this action will not would be more difficult and more costly 319.59–2 General import prohibitions; have a significant economic impact on exceptions. than to closer Mexican population a substantial number of small entities. 319.59–3 Flag smut. centers. This makes it likely that the 319.59–4 Karnal bunt. shift to production for export in the five Executive Order 12988 States will be limited. This final rule has been reviewed § 319.59–1 Definitions. The entry of additional durum wheat under Executive Order 12988, Civil Administrator. The Administrator of from Mexico into U.S. markets would Justice Reform. This rule: (1) Preempts the Animal and Plant Health Inspection induce producer losses for U.S. all State and local laws and regulations Service, United States Department of producers of durum wheat and that are inconsistent with this rule; (2) Agriculture, or any employee of the consumer gains. Under the most likely has no retroactive effect; and (3) does United States Department of Agriculture scenario of new wheat imports of 7,280 not require administrative proceedings delegated to act in his or her stead. MT, and assuming a demand elasticity before parties may file suit in court Animal and Plant Health Inspection · of 0.35 and a supply elasticity of 0.34, challenging this rule. Service (APHIS). The Animal and Plant prices of durum wheat could potentially Health Inspection Service of the U.S. decrease by about 0.3 percent. Paperwork Reduction Act Department of Agriculture. Producers would potentially lose about In accordance with the Paperwork Foreign strains of flag smut. Plant $1.122 million while consumers Reduction Act of 1995 (44 U.S.C. 3501 diseases caused by foreign strains of potentially gain $1.123 million. The net et seq.), the information collection or highly infective fungi, Urocystis benefit in this scenario would be about recordkeeping requirements included in agropyri (Preuss) Schroet., which attack $1,000. Under the less likely scenario of this rule have been approved by the wheat and substantially reduce its yield, a new import quantity of approximately Office of Management and Budget and which are new to, or not widely 87,000 MT, durum wheat prices could (OMB) under OMB control number prevalent or distributed within and decline by 4 percent. Consumer gains of 0579–0240. throughout, the United States. $13.539 million would offset producer From. An article is considered to be losses of $13.353 million, resulting in a Government Paperwork Elimination ‘‘from’’ any country or locality in which net benefit of $186,000. In both cases, Act Compliance it was grown. consumer benefits would be slightly The Animal and Plant Health Grain. Wheat (Triticum aestivum), higher than producer losses, which Inspection Service is committed to durum wheat (Triticum durum), and would lead to a net positive impact on compliance with the Government triticale (Triticum aestivum X Secale the overall economy. To put the Paperwork Elimination Act (GPEA), cereale) used for consumption or producer surplus reductions in which requires Government agencies in processing. perspective, the average annual value of general to provide the public the option Hay. Host crops cut and dried for durum wheat production in the United of submitting information or transacting feeding to livestock. Hay cut after States for 1998–2001 was $326.3 business electronically to the maximum reaching the dough stage may contain million. Thus, while the additional extent possible. For information mature kernels of the host crop. imports from Mexico would affect pertinent to GPEA compliance related to Host crops. Plants or plant parts, domestic producers of durum wheat, this rule, please contact Mrs. Celeste including grain, seed, or hay, of wheat those effects are expected to be small Sickles, APHIS’ Information Collection (Triticum aestivum), durum wheat relative to the value of the industry. It Coordinator, at (301) 734–7477. (Triticum durum), and triticale should also be noted that the actual loss (Triticum aestivum X Secale cereale). to domestic producers is likely to be List of Subjects in 7 CFR Part 319 Inspector. Any individual authorized smaller than the magnitudes estimated, Coffee, Cotton, Fruits, Honey, by the Administrator of APHIS or the as the analysis does not consider the Imports, Logs, Nursery stock, Plant Commissioner of the Bureau of Customs displacement of other imports. diseases and pests, Quarantine, and Border Protection, Department of The Small Business Administration Reporting and recordkeeping Homeland Security, to enforce the (SBA) has established guidelines for requirements, Rice, Vegetables. regulations in this subpart. determining which establishments are Karnal bunt. A plant disease caused to be considered small under the by the fungus Tilletia indica (Mitra) 6 1997 Census of Agriculture, USDA–NASS. Regulatory Flexibility Act. According to Breakdown shows 2.4 percent of wheat farms with Mundkur. sales in excess of $1 million, and 5.2 percent with Plant. Any plant (including any plant 5 U.S. Wheat Associates. sales between $0.5 and $0.999 million. part) for or capable of propagation,
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8232 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
including a tree, a tissue culture, a § 319.59–3 Flag smut. been used in the production of wheat, plantlet culture, pollen, a shrub, a vine, The articles listed in paragraph (a) of durum wheat, or triticale seed found to a cutting, a graft, a scion, a bud, a bulb, this section from the regions listed in contain the spores of Tilletia indica. a root, and a seed. paragraph (b) of this section are (b)(1) Karnal bunt is known to occur Seed. Wheat (Triticum aestivum), prohibited articles because of foreign in the following regions: Afghanistan, durum wheat (Triticum durum), and strains of flag smut and are prohibited India, Iran, Iraq, Mexico, Nepal, triticale (Triticum aestivum × Secale from being imported or offered for entry Pakistan, and South Africa. cereale) used for propagation. into the United States except as (2) The Administrator may recognize Spp. (species). All species, clones, provided in § 319.59–2(b). an area within a region listed in cultivars, strains, varieties, and hybrids, (a) The following articles of Triticum paragraph (b)(1) of this section as an of a genus. spp. (wheat) or of Aegilops spp. (barb area free of Karnal bunt whenever he or Straw. The vegetative material left goatgrass, goatgrass): she determines that the area meets the after the harvest of host crops. Straw is (1) Seeds, plants, and straw (other requirements of the International generally used as animal feed or than straw, with or without heads, Standard for Phytosanitary Measures bedding, as mulch, or for erosion which has been processed or (ISPM) No. 4, ‘‘Requirements for the control. manufactured for use indoors, such as establishment of pest free areas.’’ The international standard was established United States. The States, the for decorative purposes or for use in by the International Plant Protection Commonwealth of the Northern Mariana toys); chaff; and products of the milling Convention of the United Nations’ Food Islands, the Commonwealth of Puerto process (i.e., bran, shorts, thistle sharps, and Agriculture Organization and is Rico, the District of Columbia, Guam, and pollards) other than flour; and incorporated by reference in § 300.5 of the Virgin Islands of the United States, (2) Seeds of Melilotus indica (annual this chapter. APHIS will publish a or any other territory or possession of yellow sweetclover) and seeds of any notice in the Federal Register and the United States. other field crops that have been separated from wheat during the maintain on an APHIS Web site a list of § 319.59–2 General import prohibitions; screening process. the specific areas that are approved as exceptions. (b) Afghanistan, Algeria, Armenia, areas in which Karnal bunt is not (a) Except as provided in paragraph Australia, Azerbaijan, Bangladesh, known to occur in order to provide the (b) of this section, importation of Belarus, Bulgaria, Chile, China, Cyprus, public with current, valid information. Triticum spp. plants into the United Egypt, Estonia, Falkland Islands, Areas listed as being free from Karnal States from any country except Canada Georgia, Greece, Guatemala, Hungary, bunt are subject to audit by APHIS to is prohibited. This prohibition does not India, Iran, Iraq, Israel, Italy, Japan, verify that they continue to merit such include seed. Kazakhstan, Kyrgyzstan, Latvia, Libya, listing. (b) Triticum spp. plants, articles Lithuania, Moldova, Morocco, Nepal, (c) Handling, inspection and prohibited because of flag smut in North Korea, Oman, Pakistan, Portugal, phytosanitary certificates. Unless § 319.59–3(a), and articles regulated for Romania, Russia, Spain, Tajikistan, otherwise prohibited under § 319.59–3 Karnal bunt in § 319.59–4(a) may be Tanzania, Tunisia, Turkey, of this subpart, any articles described in imported by the U.S. Department of Turkmenistan, South Africa, South paragraph (a)(2) of this section that are Agriculture for experimental or Korea, Ukraine, Uzbekistan, and from a region listed in paragraph (b)(1) scientific purposes if: Venezuela. of this section may be imported into the United States subject to the following (1) Imported at the Plant Germplasm § 319.59–4 Karnal bunt. conditions: Quarantine Center, Building 320, (a) Regulated articles. The following (1) The articles must be from an area Beltsville Agricultural Center East, are regulated articles for Karnal bunt: that has been recognized, in accordance Beltsville, MD 20705, or at any port of (1) Conveyances, including trucks, with paragraph (b)(2) of this section, to entry with an asterisk listed in § 319.37– railroad cars, and other containers used be an area free of Karnal bunt, or the 14(b) of this part; to move host crops from a region listed articles have been tested and found to (2) Imported pursuant to a in paragraph (b)(1) of this section that be free of Karnal bunt; departmental permit issued for such test positive for Karnal bunt through the (2) The articles have not been article and kept on file at the Plant presence of bunted kernels; commingled prior to arrival at a U.S. Germplasm Quarantine Center; (2) Plant parts, including grain, seed, port of entry with articles from areas (3) Imported under conditions of straw, or hay, of all varieties of wheat where Karnal bunt is known to occur; treatment, processing, growing, (Triticum aestivum), durum wheat (3) The articles offered for entry must shipment, or disposal specified on the (Triticum durum), and triticale be made available to an inspector for departmental permit and found by the (Triticum aestivum × Secale cereale) examination and remain at the port Administrator to be adequate to prevent from a region listed in paragraph (b)(1) until released, or authorized further the introduction into the United States of this section, except for straw/stalks/ movement pending release, by an of tree, plant, or fruit diseases seed heads for decorative purposes that inspector; and (including foreign strains of flag smut), have been processed or manufactured (4) The articles must be accompanied injurious insects, and other plant pests, prior to movement and are intended for by a phytosanitary certificate issued by and use indoors; the national plant protection (4) Imported with a departmental tag (3) Tilletia indica (Mitra) Mundkur; organization of the region of origin that or label securely attached to the outside (4) Mechanized harvesting equipment includes the following additional of the container containing the article or that has been used in the production of declaration: ‘‘These articles originated securely attached to the article itself if wheat, durum wheat, or triticale that in an area where Karnal bunt is not not in a container, and with such tag or has tested positive for Karnal bunt known to occur, as attested to either by label bearing a departmental permit through the presence of bunted kernels; survey results or by testing for bunted number corresponding to the number of and kernels or spores.’’ the departmental permit issued for such (5) Seed conditioning equipment and (d) Treatments. (1) Prior to entry into article. storage/handling equipment that has the United States, the following articles
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8233
must be cleaned by removing any soil DEPARTMENT OF AGRICULTURE administrative procedures which must and plant debris that may be present. be exhausted prior to any judicial Grain Inspection, Packers and (i) All conveyances and mechanized challenge to the provisions of this final Stockyards Administration harvesting equipment used for storing rule. and handling wheat, durum wheat, or 7 CFR Parts 810 Regulatory Flexibility Act Certification triticale that tested positive for Karnal The Regulatory Flexibility Act (RFA) bunt based on bunted kernels. RIN 580–AA86 (5 U.S.C. 601 et seq.) requires agencies (ii) All grain storage and handling United States Standards for Wheat to consider the economic impact of each equipment used to store or handle seed rule on small entities. GIPSA has that has tested spore positive or grain AGENCY: Grain Inspection, Packers and determined that this final rule will not that has tested bunted-kernel positive. Stockyards Administration, USDA. have a significant economic impact on ACTION: Final rule. a substantial number of small entities, (iii) All seed-conditioning equipment as defined in the Regulatory Flexibility used to store or handle seed that has SUMMARY: The Grain Inspection, Packers Act. Under the provisions of the United tested spore-positive. and Stockyards Administration (GIPSA) States Grain Standards Act, grain (2) Articles listed in paragraphs is revising the United States Standards exported from the United States must be (d)(1)(i) and (d)(1)(ii) of this section will for Wheat. GIPSA is amending the grain officially inspected and weighed. require disinfection in addition to standards to change the definition of Mandatory inspection and weighing cleaning prior to entry into the United contrasting classes in Hard Red Winter services are provided by GIPSA at 33 States if an inspector or an official of the wheat and Hard Red Spring wheat such export facilities. All of these facilities plant protection organization of the that Hard White wheat is not a are owned by multi-national country of origin determines that contrasting class but is considered as corporations, large cooperatives, or disinfection is necessary to prevent the wheat of other classes. GIPSA also is public entities that do not meet the spread of Karnal bunt. Disinfection is amending the grain standards by adding requirements for small entities established by the Small Business required for all seed conditioning the sample size used to determine Administration. GIPSA is amending the equipment covered under paragraph sample grade factors, because the standards should transmit this grain standards to change the definition (d)(1)(iii) prior to entry into the United information. These actions are necessary of contrasting classes in Hard Red States. to ensure market-relevant standards and Winter wheat and Hard Red Spring (3) Items that require disinfection grades and facilitate the marketing of wheat such that Hard White wheat is prior to entry into the United States grain. not a contrasting class but is considered must be disinfected by one of the as wheat of other classes. GIPSA also is EFFECTIVE DATE: May 1, 2006. methods specified in paragraphs amending the grain standards by adding FOR FURTHER INFORMATION CONTACT: (d)(3)(i) through (d)(3)(iii) of this the sample size used to determine Patrick McCluskey at GIPSA, USDA, section, unless a particular treatment is sample grade factors, because the STOP 3604, 1400 Independence designated by an inspector or by an standards should transmit this Avenue, SW., Washington, DC 20250– official of the plant protection information. The two changes made to 3604; Telephone (202) 720–4684; faxed organization of the country of origin: the wheat standards in this final rule are to (202) 720–7883. needed to ensure market-relevant (i) Wetting all surfaces to the point of SUPPLEMENTARY INFORMATION: standards and grades. Further, the runoff with a 1.5 percent sodium regulations are applied equally to all Executive Order 12866 hypochlorite solution and letting stand entities. for 15 minutes, then thoroughly The Department of Agriculture is The U.S. wheat industry, including washing down all surfaces after 15 issuing this rule in conformance with producers (approximately 240,000), minutes to minimize corrosion; Executive Order 12866. handlers (approximately 6,800 domestic elevators), traders (approximately 200 (ii) Applying steam to all surfaces Executive Order 12988 until the point of runoff, and so that a active wheat futures traders), processors Executive Order 12988, Civil Justice temperature of 170 °F is reached at the (approximately 184 flour mills), Reform, instructs each executive agency merchandisers, and exporters, are the point of contact; or to adhere to certain requirements in the primary users of the U.S. Standards for (iii) Cleaning with a solution of hot development of new and revised Wheat and utilize the official standards water and detergent, applied under regulations in order to avoid unduly as a common trading language to market pressure of at least 30 pounds per burdening the court system. The final wheat. We assume that some of the square inch, at a minimum temperature rule was reviewed under this Executive entities may be small. Further, the of 170 °F. Order and no additional related United States Grain Standards Act (Approved by the Office of Management and information has been obtained since (USGSA) (7 U.S.C. 87f–1) requires the Budget under control number 0579–0240.) then. This final rule is not intended to registration of all persons engaged in the have a retroactive effect. The United business of buying grain for sale in Done in Washington, DC, this 14th day of States Grain Standards Act provides in foreign commerce. In addition, those February 2005. Section 87g that no State or subdivision individuals who handle, weigh, or Elizabeth E. Gaston, may require or impose any requirements transport grain for sale in foreign Acting Administrator, Animal and Plant or restrictions concerning the commerce must also register. The Health Inspection Service. inspection, weighing, or description of USGSA regulations (7 CFR 800.30) [FR Doc. 05–3141 Filed 2–17–05; 8:45 am] grain under the Act. Otherwise, this define a foreign commerce grain BILLING CODE 3410–34–P final rule will not preempt any State or business as persons who regularly local laws, regulations, or policies, engage in buying for sale, handling, unless they present any irreconcilable weighing, or transporting grain totaling conflict with this rule. There are no 15,000 metric tons or more during the
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8234 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
preceding or current calendar year. At White wheat, for wheat meeting and One comment opposed to present, there are 90 registrants who exceeding (darker than) the interpretive establishment of subclasses in Hard account for practically 100 percent of color line, respectively. Further, GIPSA White wheat was received from the U.S. wheat exports, which for fiscal year proposed changing the definition of Kansas Wheat Commission which (FY) 2002 totaled approximately Contrasting Classes for Hard Red Winter represents producers responsible for 24,073,138 metric tons (MT). While wheat and Hard Red Spring wheat such production of more than 50 percent of most of the 90 registrants are large that Hard White wheat is not a all Hard White wheat grown in the businesses, we assume that some may contrasting class in these two red wheat United States. The comment stated that be small. classes. Further, due to inquiries about since Hard White wheat is moving in the marketplace under the current Paperwork Reduction Act the portion size used to determine Maximum Count Limits of Other method of grading, establishing a Pursuant to the Paperwork Reduction Material, GIPSA proposed amending the subclass would create a perception that Act of 1995, the existing information standard to transmit this information. wheat does not meet the established collection requirements are approved color line is of lower quality, resulting under OMB Number 0580–0013. No Comment Review in discounts to producers. The additional collection or recordkeeping GIPSA published the proposed rule in commenter stated that establishing a requirements are imposed on the public the Federal Register on June 4, 2003 (68 subclass would create supply problems by this final rule. Accordingly, OMB FR 33408) with a 60-day comment in Hard White wheat and also objected clearance is not required by section period ending August 4, 2003. GIPSA to the word ‘‘Amber’’ in the subclass 350(h) of the Paperwork Reduction Act, received four comments during the name. 44 U.S.C. 3501 et seq., or OMB’s comment period. One comment was Another opposing commenter felt that implementing regulation at 5 CFR part submitted on behalf of the Hard White because the color differences are 1320. Wheat Working Group and the Hard environmentally induced, and occur GIPSA is committed to compliance White Wheat Advisory Committee (an sporadically, grain producers and with the Government Paperwork aggregated wheat industry group marketers would` be damaged by Elimination Act, which requires comprised of wheat boards, committees, subclasses, vis-a-vis not having product Government agencies, in general, to or commissions of the top ten Hard available to sell to the markets they had provide the public the option of worked to develop. Another comment submitting information or transacting White wheat producing states; large grain merchandisers; not for profit opposing the proposed rule predicted business electronically to the maximum ‘‘marketing disruption and chaos extent possible. wheat industry groups; and a private wheat breeding company). One resulting in economic loss to American Background comment each was received from the wheat producers is the inevitable result whenever Mother Nature gives us a GIPSA established the class Hard Kansas Wheat Commission, one wheat producer cooperative, and one darker colored crop if these arbitrary White wheat on May 1, 1990. In the rule changes are allowed to become individual wheat producer. Final Rule (54 FR 48735), GIPSA stated law’’. ‘‘that classification by varietal kernel On the basis of the comments Taking into account the lack of characteristics rather than vitreousness received and other available consensus among stakeholders, GIPSA of the kernel is practicable at this time information, GIPSA is implementing believes that creating subclasses in Hard for HWW (sic) and SWW (sic) since only two of the proposed changes to the White wheat would not be in the best a few hard endosperm white * * * wheat standards. The following interest of the industry. There is no varieties are being produced. GIPSA paragraphs address comments received market need at this time. Based on the recognizes that if more hard endosperm regarding the proposed changes. comments received and other available varieties are released into the 1. Subclass Designation information, GIPSA will not establish marketplace in the future, the subclasses in Hard White wheat. GIPSA classification system may become less GIPSA received four comments (one will, however, maintain the Hard White practical.’’ GIPSA further stated ‘‘*** aggregated industry comment in support wheat color line and, as currently done, if clear quality or market distinctions and three comments in opposition) on continue to certify, upon request, that develop * * * it would consider the proposal to establish subclasses. The the sample color exceeds or is lighter subclasses at a future date’’. At that aggregated wheat industry comment than the color line. This provides time, a minimum visual color line was supported subclasses. This commenter additional information about sample established, which was subsequently did note that the proposal concerning color to satisfy those customers for replaced with a new color line in 1999 adding a subclass to the Hard White whom color is important. (Program Bulletin 99–8). In 2001, wheat class was met with a spirited environmental conditions caused a discussion, both pro and con. The 2. Contrasting Classes darker visual appearance in some commenter (1) supported the GIPSA proposed changing the varieties of hard white, resulting in a establishment of a subclass within the definition of Contrasting Classes for GIPSA decision to suspend the color Hard White Wheat class; (2) Hard Red Winter wheat and Hard Red line for classification purposes (Program recommended changing the subclass Spring wheat such that Hard White Notice 01–06). Under Program Notice names to Bright Hard White Wheat for wheat is not a contrasting class in these 01–06, ‘‘All Hard White wheat varieties all hard white wheat that is equal to or two red wheat classes. One comment are considered Hard White wheat lighter than the interpretive color line was received from the aggregated regardless of color.’’ and Hard White Wheat for all hard industry group in support of the On June 4, 2003, GIPSA proposed in white wheat that is darker than the proposal. No comment was received the Federal Register, (68 FR 33408) to interpretive color line, and continue the opposing the proposal. Therefore as set amend the standards for wheat to create use of an interpretive color line and (3) forth in the proposal, GIPSA is subclasses in the class hard white. recommended the use of an objective amending the grain standards to change GIPSA proposed the subclass names of test to determine color line rather than the definition of contrasting classes in Hard White wheat and Hard Amber a subjective approach. Hard Red Winter wheat and Hard Red
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8235
Spring wheat such that Hard White information. Therefore, as set forth in Authority: Pub. L. 94–582, 90 Stat. 2867, wheat is not a contrasting class but is the proposal, GIPSA will amend the as amended (7 U.S.C. 71 et. seq.) wheat standards to include this considered as wheat of other classes. n 2. Section 810.2202 is amended by information. The grade limit will remain unchanged. revising paragraph (b) (1) to read as For kernel identification, Hard White Final Action follows: wheat kernels would be determined by visual assessment and would include On the basis of these comments and 810.2202 Definition of other terms. other available information, GIPSA has the dark colored, amber, white wheat * * * * * kernels, per the Grain Inspection decided to revise the wheat standards as Handbook, Book II, Chapter 13, Section proposed with the exception of (b) * * * 13.26. In the case where samples establishing subclasses in Hard White (1) Durum wheat, Soft White wheat, challenge the normal visual inspection wheat. This final rule is effective on and Unclassed wheat in the classes May 1, 2006, the beginning of the 2006 process, the alkali test would be utilized Hard Red Spring wheat and Hard Red wheat harvest, and will facilitate to determine kernel color (FGIS-Program Winter wheat. Notice 01–07). domestic and export marketing of wheat. * * * * * 3. Sample Size List of Subjects in 7 CFR Part 810 n 3. Section 810.2204 is amended by revising paragraph (a) to read as follows: GIPSA proposed to amend the wheat Export, grain. standard to specify the amount of wheat upon which sample grade factor n For reasons set out in the preamble, 7 § 810.2204 Grades and grade requirements for wheat. determinations are made. No comment CFR Part 810 is amended as follows: was received either supporting or PART 810—OFFICIAL UNITED STATES (a) Grades and grade requirements for opposing the proposal. Earlier versions STANDARDS FOR GRAIN all classes of wheat, except Mixed of the standard contained this wheat. information and GIPSA believes the n 1. The authority citation for Part 810 standard should transmit this continues to read as follows: GRADES AND GRADE REQUIREMENTS
Grades U.S. Nos. Grading factors 1 2 3 4 5
Minimum pound limits of:
Test weight per bushel: Hard Red Spring wheat or White Club wheat ...... 58.0 57.0 55.0 53.0 50.0 All other classes and subclasses ...... 60.0 58.0 56.0 54.0 51.0
Maximum percent limits of:
Defects: Damaged kernels. Heat (part of total) ...... 0.2 0.2 0.5 1.0 3.0
Total ...... 2.0 4.0 7.0 10.0 15.0
Foreign material ...... 0.4 0.7 1.3 3.0 5.0 Shrunken and broken kernels ...... 3.0 5.0 8.0 12.0 20.0
Total 1 ...... 3.0 5.0 8.0 12.0 20.0
Wheat of other classes: 2. Contrasting classes ...... 1.0 2.0 3.0 10.0 10.0
Total 3 ...... 3.0 5.0 10.0 10.0 10.0
Stones ...... 0.1 0.1 0.1 0.1 0.1
Maximum count limits of:
Other material in one kilogram: Animal filth ...... 1 1 1 1 1 Castor beans ...... 1 1 1 1 1 Crotalaria seeds ...... 2 2 2 2 2 Glass ...... 0 0 0 0 0 Stones ...... 3 3 3 3 3 Unknown foreign substances ...... 3 3 333
Total 4 ...... 4 4 4 4 4
Insect-damaged kernels in 100 grams ...... 31 31 31 31 31
U.S. Sample grade is Wheat that:
VerDate jul<14>2003 17:26 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8236 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
GRADES AND GRADE REQUIREMENTS—Continued
Grades U.S. Nos. Grading factors 1 2 3 4 5
(a) Does not meet the requirements for U.S. Nos. 1, 2, 3, 4, or 5; or (b) Has a musty, sour, or commercially objectionable foreign odor (except smut or garlic odor); or (c) Is heating or of distinctly low quality. 1 Includes damaged kernels (total), foreign material, shrunken and broken kernels. 2 Unclassed wheat of any grade may contain not more than 10.0 percent of wheat of other classes. 3 Includes contrasting classes. 4 Includes any combination of animal filth, castor beans, crotalaria seeds, glass, stones, or unknown foreign substance.
* * * * * DATES: This rule is effective on February employee engaged in the investigation Dated: February 15, 2005. 18, 2005. or prosecution of civil penalty actions. David R. Shipman, FOR FURTHER INFORMATION CONTACT: It also insulates the prosecutors from Vicki Leemon, Office of the Chief possible influence by the advisers to the Deputy Administrator, Grain Inspection, Administrator on appeals. Packers and Stockyards Administration. Counsel, Adjudication Branch, 800 [FR Doc. 05–3140 Filed 2–17–05; 8:45 am] Independence Avenue, SW., Changes in Position Titles in the Washington, DC 20591; telephone 202/ Separation of Functions Rules BILLING CODE 3410–EN–P 385–8227. SUPPLEMENTARY INFORMATION: On March 3, 2004, the FAA published Notice 1100.290, announcing the Background creation of two Deputy Chief Counsel DEPARTMENT OF TRANSPORTATION The Administrator may impose a civil positions: the Deputy Chief Counsel for Federal Aviation Administration penalty against a person other than an Policy and Adjudication, and the individual acting as a pilot, flight Deputy Chief Counsel for Operations. 14 CFR Parts 13 and 14 engineer, mechanic, or repairman, after As a result, it s no longer accurate to notice and an opportunity for a hearing refer only to the ‘‘Deputy Chief Rules of Practice in FAA Civil Penalty on the record, for violations cited in 49 Counsel’’ in the rules that provide for Actions U.S.C. 46301(d)(2) or 47531. 49 U.S.C. the separation of functions in the Chief 46301(d)(7)(A) and 47531. These Counsel’s Office, 14 CFR 13.202 AGENCY: Federal Aviation violations, in general, involve aviation (Definition of agency attorney) and Administration (FAA), DOT. safety issues. Also, under 49 U.S.C. 13.203. ACTION: Final rule; technical 5123 and 49 CFR 1.47(k), the To describe accurately the current amendment. Administrator may, after notice and an division of functions within the Chief opportunity for a hearing, assess a civil Counsel’s Office, we are revising the SUMMARY: The FAA is amending the penalty against any person who rules to add: (1) The Deputy Chief procedural regulations governing the knowingly violates the Federal Counsel for Operations to the list of assessment of civil penalties against hazardous materials transportation law, attorneys who prosecute civil penalty persons other than individuals acting as 49 U.S.C. chapter 51, or any of its actions as specified in 14 CFR 13.202’s pilots, flight engineers, mechanics or implementing regulations. definition of ‘‘agency attorney,’’ and (2) repairmen. The rules establish a clear The rules governing proceedings in the Deputy Chief Counsel for Policy and separation of functions between those these civil penalty cases are set forth in Adjudication to 14 CFR 13.203(c)’s list agency employees who prosecute civil 14 CFR 13.16 and 14 CFR part 13, of lawyers who advise the penalty actions and those who advise subpart G. Briefly, under these rules, Administrator regarding the resolution the Administrator, acting as FAA these proceedings are conducted ‘‘in- of appeals. We are also revising 14 CFR decisionmaker, about appeals of house’’ as follows: (1) An ‘‘agency 13.202 to add the Deputy Chief Counsel decisions by Department of attorney’’ prosecutes a civil penalty case for Policy and Adjudication to the list Transportation (DOT) administrative (14 CFR 13.203(a)); (2) a DOT ALJ of attorneys who may not prosecute law judges (ALJs). Recent organizational conducts the hearing and issues an civil penalty actions. changes in the Office of the Chief initial decision (14 CFR 13.205); and (3) Under the current organization of the Counsel necessitate updating these the Administrator, acting as the FAA Chief Counsel’s Office, the Deputy Chief regulations so they accurately reflect the decisionmaker, issues a decision Counsel for Policy and Adjudication Office’s current structure and division resolving any appeal from an initial supervises the Assistant Chief Counsel of functions. We are also amending the decision (14 CFR 13.233). for Regulations. The Assistant Chief rules to provide the FAA Civil Penalty To ensure that this process operates Counsel for Regulations and members of Hearing Docket’s new address, new fairly and in accordance with the her staff occasionally provide advice to instructions on filing of documents, and Administrative Procedure Act (APA), 5 agency attorneys, but are otherwise information about the availability of U.S.C. 554(d), the FAA has issued rules uninvolved in prosecuting civil penalty documents and FAA decisions via the requiring a separation of the functions cases. The Deputy Chief Counsel for Internet. We are amending the performed by (1) ‘‘agency attorneys,’’ Policy and Adjudication does not and procedural rule governing appeals from who prosecute civil penalty actions, and will not supervise the Assistant Chief initial decisions regarding applications (2) attorneys who advise the Counsel for Regulations or any member for fees under the Equal Access to Administrator on appeals from initial of her staff in connection with providing Justice Act (EAJA) to reinsert language decisions. Separating these functions advice to an agency attorney engaged in that was inadvertently omitted during a insulates the Administrator from any the prosecution of any civil penalty previous revision. advice or influence by an FAA case. The Assistant Chief Counsel for
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8237
Regulations and the members of her the Hearing Docket should be addressed the U.S. Department of Transportation, staff do not and shall not consult or as follows: Hearing Docket, Federal 400 Seventh Street, SW., Room PL–401, discuss with the Deputy Chief Counsel Aviation Administration, 600 Washington, DC 20590. for Policy and Adjudication any issue Independence Avenue, SW., Wilbur The decisions of the Administrator, on which their advice is sought by an Wright Building—Room 2014, indexes of the decisions, and other agency attorney. Thus, the Deputy Chief Washington, DC 20591; Att: Hearing useful information are available on the Counsel for Policy and Adjudication Docket Clerk, AGC–430. FAA civil penalty adjudication Web site will be kept ‘‘out of the loop’’ when All envelopes and packages sent by at http://www.faa.gov/agc/cpwebsite. either the Assistant Chief Counsel for U.S. Mail to individuals in the Wilbur The new Section 13.210(e) also Regulations or an attorney on her staff Wright Building are processed by the describes the FAA civil penalty is consulted by agency attorneys FAA Headquarters’ mail room staff adjudication Web site. located at 800 Independence Avenue, prosecuting a civil penalty action. As a Review by FAA Decisionmaker of an SW., Washington, DC 20591. result, this division of functions within Initial Decision in an EAJA Action the Office of the Chief Counsel does not, Consequently, anyone using U.S. Mail and will not, contravene 14 CFR to file a document should use the Part 14 of Title 14 of the Code of 13.202(3), which provides that an following address: Hearing Docket, Federal Regulations applies to actions attorney supervised in a civil penalty Federal Aviation Administration, 800 under the EAJA. Originally 14 CFR action by an adviser to the Independence Avenue, SW., 14.28 provided that either the applicant Administrator in that civil penalty (or a Washington, DC 20591; Att: Hearing or the FAA counsel may appeal from the factually related) action shall not Docket Clerk, AGC–430, Wilbur Wright initial decision issued by an ALJ prosecute that action. Building—Room 2014. regarding an application for fees under Also, to ensure that the Assistant Accordingly, this amendment revises the EAJA in a civil penalty proceeding Chief Counsel for Regulations and her the following regulations: 14 CFR under subpart G of part 13 of the staff do not prosecute civil penalty cases 13.16(h) (filing a request for hearing); 14 Federal Aviation Regulations. When 14 but limit their role to that of occasional CFR 13.209 (filing an answer); 14 CFR CFR 14.28 was revised in 1999, creating advisors to agency attorneys, we are 13.210 (filing documents, generally); 14 paragraphs (a) and (b), the phrase ‘‘in revising the definition of ‘‘agency CFR 13.230(b) (examination and accordance with subpart G of part 13 of attorney’’ in Section 13.202 to omit the copying of the record); and 14 CFR the Federal Aviation Regulations, Assistant Chief Counsel for Regulations, 13.233 (filing appeals from initial specifically 14 CFR 13.233’’ was as well as attorneys in the Regulations decisions). inadvertently omitted from the new Division. This revision will make the paragraph (a). 64 FR 32936, June 18, On-Line Accessibility of Documents 1999. This amendment reinserts the rule consistent with the current practice Filed in the Hearing Docket within the Office of the Chief Counsel. language. By reinserting this phrase, it Also, this revision will make 14 CFR The Secretary of Transportation will be clear to the parties that the 13.202’s list of attorneys who may directed the Office of the Secretary and procedural rules in 14 CFR part 13, prosecute civil penalty actions eight of the DOT operating subpart G, govern any appeal from an consistent with the Administrator’s administrations, including the FAA, to initial decision concerning a fee current delegation of authority in civil consolidate their separate paper-based application under the EAJA when the penalty actions in 14 CFR 13.16(e) to docket facilities into a single centralized underlying action was governed by 14 certain FAA attorneys. The Assistant facility and convert to an electronic CFR part 13, subpart G. image-based system. 61 FR 29282, June Chief Counsel for Regulations and Procedural Matters members of her staff are not included in 10, 1996. Documents in non-security the list of attorneys to whom the civil penalty cases (governed by the In general, under the APA, 5 U.S.C. Administrator has delegated the procedural rules in 14 CFR part 13, 553, agencies must publish regulations authority to (1) Initiate actions and subpart G) in which the complaint was for public comment and give the public assess civil penalties; (2) refer cases to filed on or after December 1, 1997, have at least 30 days notice before adopting the United States Attorney General or a been scanned into the Docket regulations. There is an exception to delegate of the Attorney General for Management System (DMS). 63 FR these requirements if the agency for collecting civil penalties; and (3) 19559, 19570–19571, April 20, 1998. good cause finds that notice and public compromise the amount of a civil (The Hearing Docket remains the official procedure are impracticable, penalty. docket, and continues to retain the unnecessary, or contrary to the public The position of the Special Counsel original documents.) The documents in interest. In this case, the FAA finds that and Director of Civil Penalty these civil penalty cases are available on notice and comment requirements are Adjudications was eliminated several the Internet at http://dms.dot.gov. While unnecessary due to the administrative years ago. As a result, we are removing the availability of these documents on nature of the changes. The revisions all references to this position in 14 CFR the Internet was announced in the simply update 14 CFR 13.202 and 13.202 and 13.203. Federal Register on April 20, 1998, 14 13.203 regarding recent office changes. CFR part 13, subpart G was not It is in the public interest that these The Hearing Docket amended to reflect the availability of revisions take effect promptly so that The FAA Civil Penalty Hearing documents on the DMS website. The members of the public will understand Docket is now located in Room 2014 of FAA is adding a new 14 CFR 13.210(e) how the FAA does business. Also, it is the Wilbur Wright Building, 600 to inform the parties about the in the public interest that the revisions Independence Avenue, SW., availability of documents through the to 14 CFR 13.16, 13.209, 13.210, 13.230 Washington, DC 20591. Anyone hand- DMS website. Also, we are revising 14 and 13.233 take effect promptly so that delivering a document for filing—or CFR 13.230 to notify members of the members of the public know how to file wishing to review any docket materials public that they may review and copy documents and how to gain access to in person—should go to the Wilbur the documents in the record at the the Hearing Docket. The revision to 14 Wright Building at the above address. Docket Management Facility, located on CFR 14.28(a) merely reinserts language Packages sent by expedited courier to the Plaza Level of the Nassif Building at that was inadvertently omitted during a
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8238 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
previous revision. The amendments set Center Counsel, or the Technical Center Washington, DC 20591; Att: Hearing forth in this notice do not affect the Counsel, or an attorney on the staff of Docket Clerk, AGC–430, Wilbur Wright rights or duties of any regulated entity. the Assistant Chief Counsel, Building—Room 2014. Enforcement, the Assistant Chief List of Subjects * * * * * Counsel, Europe, Africa, and Middle (e) Internet accessibility of documents 14 CFR Part 13 East Area Office, each Regional Counsel, filed in the Hearing Docket. (1) Unless Administrative practice and the Aeronautical Center Counsel, or the protected from public disclosure by an procedure, Air transportation, Aviation Technical Center Counsel who order of the ALJ under § 13.226, all safety, Hazardous materials prosecutes a civil penalty action. An documents filed in the Hearing Docket transportation, Investigations, Law agency attorney shall not include: are accessible through the DOT’s Docket enforcement, Penalties. (1) The Chief Counsel, the Deputy Management System (DMS): http:// Chief Counsel for Policy and dms.dot.gov. To access a particular case 14 CFR Part 14 Adjudication, or the Assistant Chief file, use the DMS number assigned to Claims, Equal access to justice, Counsel for Litigation; the case. Lawyers, Reporting and recordkeeping (2) Any attorney on the staff of the (2) Decisions and orders issued by the requirements. Assistant Chief Counsel for Litigation; Administrator in civil penalty cases, as * * * * * well as indexes of decisions and other The Amendments n 4. Amend § 13.203 by revising pertinent information are available n Accordingly, the Federal Aviation paragraph (c) to read as follows: through the FAA civil penalty Administration amends parts 13 and 14, adjudication Web site at http:// chapter 1 of title 14, Code of Federal § 13.203 Separation of functions. www.faa.gov/agc/website. Regulations as follows: * * * * * n 7. Amend § 13.230 by removing the (c) The Chief Counsel, the Deputy first sentence of paragraph (b) and PART 13—INVESTIGATIVE AND Chief Counsel for Policy and adding two sentences in its place to read ENFORCEMENT PROCEDURES Adjudication, and the Assistant Chief as follows: Counsel for Litigation, or an attorney on n 1. The authority citation for part 13 the staff of the Assistant Chief Counsel § 13.230 Record. continues to read as follows: for Litigation will advise the FAA * * * * * Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 decisionmaker regarding an initial (b) Examination and copying of (note); 49 U.S.C. 106(g), 5121–5124, 40113– decision or any appeal of a civil penalty record. Any person may examine the 40114, 44103–44106, 44702–44703, 44709– action to the FAA decisionmaker. record at the Hearing Docket, Federal 44710, 44713, 46101–46110, 46301–46316, n 5. Amend § 13.209 by revising the first Aviation Administration, 600 46318, 46501–46502, 46504–46507, 47106, Independence Avenue, SW., Wilbur 47111, 47112, 47122, 47306, 47531–47532; sentence of paragraph (b) to read as 49 CFR 1.47. follows: Wright Building—Room 2014, Washington, DC 20591. Documents may n 2. Amend § 13.16 by revising the § 13.209 Answer. also be examined and copied at the second sentence of paragraph (h) to read * * * * * Docket Management Facility, as follows: (b) Filing and address. A person filing Department of Transportation, 400 Seventh Street, SW., Room PL–401, § 13.16 Civil penalties. an answer shall personally deliver or mail the original and one copy of the Washington, DC 20590. * * * Administrative assessment against a answer for filing with the hearing person other than an individual acting docket clerk, not later than 30 days after PART 14—RULES IMPLEMENTING as a pilot, flight engineer, mechanic, or service of the complaint to the Hearing THE EQUAL ACCESS TO JUSTICE repairman. Administrative assessment Docket at the appropriate address set ACT OF 1980 against all persons for hazardous forth in § 13.210(a) of this subpart. n materials violations. *** 1. The authority citation for part 14 continues to read as follows: * * * * * * * * * * (h) * * * A person requesting a n 6. Amend § 13.210 by revising Authority: 5 U.S.C. 504; 49 U.S.C. 106(f), hearing shall file a written request for a paragraph (a) and adding paragraph (e) to 40113, 46104 and 47122. hearing with the hearing docket clerk, read as follows: n using the appropriate address set forth 2. Amend § 14.28(a) by revising the in § 13.210(a) of this part, and shall mail § 13.210 Filing of documents. first sentence to read as follows: a copy of the request to the agency (a) Address and method of filing. A § 14.28 Review by FAA decisionmaker. attorney. * * * person tendering a document for filing (a) In proceedings other than those * * * * * shall personally deliver or mail the under part 17 of this chapter and the n 3. Amend the definition of ‘‘Agency signed original and one copy of each AMS, either the applicant or the FAA attorney’’ in § 13.202 by revising the document to the Hearing Docket using counsel may seek review of the initial introductory text and paragraphs (1) and the appropriate address: decision on the fee application in (2) to read as follows: (1) If delivery is in person, or via accordance with subpart G of part 13 of expedited courier service: Federal this chapter, specifically § 13.233. * * * § 13.202 Definitions. Aviation Administration, 600 * * * * * * * * * * Independence Avenue, SW., Wilbur Agency attorney means the Deputy Wright Building—Room 2014, Issued in Washington, DC on February 10, Chief Counsel for Operations, the Washington, DC 20591; Att: Hearing 2005. Assistant Chief Counsel, Enforcement, Docket Clerk, AGC–430. Rebecca MacPherson, the Assistant Chief Counsel, Europe, (2) If delivery is via U.S. Mail: Federal Assistant Chief Counsel for Regulations Africa, and Middle East Area Office, Aviation Administration, 800 [FR Doc. 05–3113 Filed 2–17–05; 8:45 am] each Regional Counsel, the Aeronautical Independence Avenue, SW., BILLING CODE 4910–13–M
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8239
DEPARTMENT OF TRANSPORTATION Management Facility office between 9 units (FCU) causing loss of primary a.m. and 5 p.m., Monday through flaps control and flaps indication Federal Aviation Administration Friday, except Federal holidays. The display) and the existing operational Docket Management Facility office manual bulletin that provides guidance 14 CFR Part 39 (telephone (800) 647–5227) is located on to the crew for extending the flaps in [Docket No. FAA–2004–18999; Directorate the plaza level of the Nassif Building at alternate mode in the absence of Identifier 2003–NM–259–AD; Amendment the U.S. Department of Transportation, indication are consistent with longer 39–13975; AD 2005–04–03] 400 Seventh Street, SW., room PL–401, compliance times. Based on these Washington, DC. This docket number is factors, the proposed compliance time RIN 2120–AA64 FAA–2004–18999; the directorate of 60 months after the effective date of Airworthiness Directives; Boeing identifier for this docket is 2003–NM– the final rule was determined to be Model 747–400, –400D, and –400F 259–AD. appropriate. Further, we arrived at the proposed compliance time with Series Airplanes FOR FURTHER INFORMATION CONTACT: Douglas Tsuji, Aerospace Engineer, manufacturer concurrence. We have not AGENCY: Federal Aviation Systems and Equipment Branch, ANM– changed the final rule in this regard. Administration (FAA), Department of 130S, FAA, Seattle Aircraft Certification Request To Remove Paragraph (g) of the Transportation (DOT). Office, 1601 Lind Avenue, SW., Renton, Proposed AD ACTION: Final rule. Washington 98055–4056; telephone (425) 917–6487; fax (425) 917–6590. One commenter requests that SUMMARY: The FAA is adopting a new SUPPLEMENTARY INFORMATION: The FAA paragraph (g) of the proposed AD be airworthiness directive (AD) for certain proposed to amend 14 CFR Part 39 with removed. The commenter states that Boeing Model 747–400, –400D, and an AD for certain Boeing Model 747– paragraph (g) of the proposed AD would –400F series airplanes. This AD requires 400, –400D, and –400F series airplanes. require actions specified in Boeing replacing at least one flap control unit That action, published in the Federal Service Bulletin 747–27–2319, dated (FCU) in the main equipment center Register on September 7, 2004 (69 FR January 24, 1991, to be done before or with a new or modified FCU. This AD 54060), proposed to require replacing at concurrently with paragraph (f) of the is prompted by a report indicating that, least one flap control unit (FCU) in the proposed AD. The commenter notes that after takeoff, an airplane was required to main equipment center with a new or the actions in paragraph (f) of the return to the airport because the modified FCU. proposed AD are to be done according autopilot disengaged. The report also to Boeing Alert Service Bulletin 747– indicated that, after selecting flaps for Comments 27A2386, dated March 13, 2003, and landing, the flaps indication display did We provided the public the that the alert service bulletin specifies not indicate the flap setting, requiring opportunity to participate in the in paragraph 1.B. that ‘‘you cannot make the airplane to land in alternate flap development of this AD. We have the changes in this service bulletin mode. We are issuing this AD to prevent considered the comments that have unless the changes given in Boeing disconnection of autoland/autopilot been submitted on the proposed AD. Service Bulletin 747–27–2319 are made.’’ Thus, the commenter believes functions and loss of primary flaps Agrees With Proposed AD control and flaps indication display due there is no need for paragraph (g) of the to disengagement of all three FCUs at One commenter agrees with the proposed AD. We do not agree to remove paragraph the same time, which could lead to a proposed AD. (g) of the final rule. We agree that non-normal high speed landing with the Request To Reduce the Compliance paragraph (f) of the final rule requires flaps retracted, increased pilot Time the actions to be done ‘‘in accordance workload, and possible runway One commenter requests that the with the Accomplishment Instructions departure at high speeds during landing. compliance time specified in paragraph of Boeing Alert Service Bulletin 747– DATES: This AD becomes effective (f)(1) of the proposed AD be reduced. 27A2386, dated March 13, 2003’’ and March 25, 2005. The commenter states that the 60-month that paragraph 1.B. of the alert service The incorporation by reference of compliance time is too long and should bulletin refers to the concurrent actions certain publications listed in the AD is be shortened substantially due to the that are specified in paragraph (g) of the approved by the Director of the Federal potential severity of the situation (i.e., final rule. However, paragraph 1.B. of Register as of March 25, 2005. landing without flaps) and the nature of the alert service bulletin precedes the ADDRESSES: For service information the proposed modifications. The Accomplishment Instructions of the identified in this AD, contact Boeing commenter believes that the availability alert service bulletin. Because the Commercial Airplanes, P.O. Box 3707, of parts necessary to complete the Accomplishment Instructions of the Seattle, Washington 98124–2207. You modifications is not an issue. alert service bulletin do not specify to can examine this information at the The FAA does not agree to reduce the do any concurrent action, paragraph (g) National Archives and Records compliance time specified in paragraph of the final rule is needed to clarify that Administration (NARA). For (f)(1) of the final rule. In developing the the concurrent action must be done. We information on the availability of this compliance time for this AD, we have not changed the final rule in this material at NARA, call (202) 741–6030, considered the average utilization rate regard. or go to: http://www.archives.gov/ of the affected fleet, the practical aspects federal_register/ of an orderly modification of the fleet Request for Clarification of Test code_of_federal_regulations/ during regular maintenance periods, One commenter points out that ibr_locations.html. and the availability of required parts as paragraph 3.B.2. of the Boeing Alert Docket: The AD docket contains the well as the safety implications of the Service Bulletin 747–27A2386 specifies proposed AD, comments, and any final identified unsafe condition. In addition, that a built-in test equipment (BITE) test disposition. You can examine the AD the low probability of the identified be done according to Chapter 27–51–51 docket on the Internet at http:// unsafe condition occurring of the Boeing 747–400 airplane dms.dot.gov, or in person at the Docket (disengagement of all three flap control maintenance manual (AMM). The
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8240 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
commenter notes that there is no BITE to Chapter 27–51–51 of the Boeing 747– references only the alert service test in either 27–51–00/501 or 27–51– 400 AMM. However, Chapter 27–51–51 bulletin, there is no need to add a 51/401 of the Boeing 747–400 AMM. of the Boeing 747–400 AMM refers to a clarification of the BITE test to the final The commenter contends the alert BITE test only in the summary of the rule. We have not changed the final rule service bulletin refers to a test that does AMM procedure, but not within the in this regard. not exist and is not necessary. The body of the AMM procedure. Within the Conclusion commenter also states that the alert body of the AMM procedure, there is a service bulletin specifies installing the ‘‘GROUND TEST,’’ under the heading We have carefully reviewed the FCU in accordance with Chapter 27–51– ‘‘OPERATIONAL TEST,’’ that is to be available data, including the comments 51 of the Boeing 747–400 AMM and that done following installation of the FCU. that have been submitted, and the referenced AMM specifies to do an Although the nomenclature within the determined that air safety and the operational test of the FCU that includes public interest require adopting the AD both a central maintenance computer Boeing documents may seem as proposed. initiated ground test and exercising the inconsistent, we consider the flaps through full travel to ensure ‘‘GROUND TEST’’ specified in Chapter Costs of Compliance proper operation and indication. 27–51–51 of the Boeing 747–400 AMM We infer from the comment that the to be part of the FCU BITE test. There are about 614 airplanes of the commenter requests that the reference to Furthermore, Chapter 27–51–51 of the affected design worldwide. This AD will the BITE test be clarified. We partially Boeing 747–400 AMM includes all affect about 87 airplanes of U.S. registry. agree. We acknowledge that paragraph necessary testing that must be done The following tables provide the 3.B.2. of the alert service bulletin following installation of a new FCU. In estimated costs for U.S. operators to specifies a BITE test be done according addition, because the final rule comply with this AD.
Average Replacement Work hours labor rate Parts Cost per per hour airplane
Estimated Costs
With new –208 FCU ...... 2 $65 $78,550 $78,680 With modified –208 FCU ...... 10 65 975 1,625
Estimated Concurrent Service Bulletin Costs
With new –207 FCU ...... 3 65 235,650 235,845 With modified –207 FCU ...... 87 65 2,925 8,580
Authority for This Rulemaking or on the distribution of power and PART 39—AIRWORTHINESS Title 49 of the United States Code responsibilities among the various DIRECTIVES specifies the FAA’s authority to issue levels of government. n 1. The authority citation for part 39 rules on aviation safety. Subtitle I, For the reasons discussed above, I continues to read as follows: Section 106, describes the authority of certify that this AD: the FAA Administrator. Subtitle VII, (1) Is not a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. Aviation Programs, describes in more action’’ under Executive Order 12866; § 39.13 [Amended] detail the scope of the Agency’s (2) Is not a ‘‘significant rule’’ under authority. DOT Regulatory Policies and Procedures n 2. The FAA amends § 39.13 by adding We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and the following new airworthiness the authority described in Subtitle VII, (3) Will not have a significant directive (AD): Part A, Subpart III, Section 44701, economic impact, positive or negative, 2005–04–03 Boeing: Amendment 39–13975. ‘‘General requirements.’’ Under that on a substantial number of small entities Docket No. FAA–2004–18999; section, Congress charges the FAA with under the criteria of the Regulatory Directorate Identifier 2003–NM–259–AD. promoting safe flight of civil aircraft in Flexibility Act. air commerce by prescribing regulations Effective Date We prepared a regulatory evaluation for practices, methods, and procedures (a) This AD becomes effective March 25, of the estimated costs to comply with the Administrator finds necessary for 2005. this AD. See the ADDRESSES safety in air commerce. This regulation section for a location to examine the regulatory Affected ADs is within the scope of that authority (b) None. because it addresses an unsafe condition evaluation. that is likely to exist or develop on List of Subjects in 14 CFR Part 39 Applicability products identified in this rulemaking (c) This AD applies to Model 747–400, action. Air transportation, Aircraft, Aviation –400D, and –400F series airplanes, safety, Incorporation by reference, certificated in any category, as identified in Regulatory Findings Safety. Boeing Alert Service Bulletin 747–27A2386, dated March 13, 2003. We have determined that this AD will Adoption of the Amendment not have federalism implications under Unsafe Condition Executive Order 13132. This AD will n Accordingly, under the authority (d) This AD was prompted by a report not have a substantial direct effect on delegated to me by the Administrator, indicating that, after takeoff, an airplane was the States, on the relationship between the FAA amends 14 CFR part 39 as required to return to the airport because the the national government and the States, follows: autopilot disengaged. The report also
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8241
indicated that, after selecting flaps for Material Incorporated by Reference the NLG. The cause of such failure has landing, the flaps indication display did not (j) You must use Boeing Alert Service been attributed to fatigue cracking indicate the flap setting, requiring the Bulletin 747–27A2386, dated March 13, caused by corrosion in the piston rod of airplane to land in alternate flap mode. We 2003; and Boeing Service Bulletin 747–27– the drag strut actuator. We are issuing are issuing this AD to prevent disconnection 2319, dated January 24, 1991; as applicable; this AD to prevent cracking and/or of autoland/autopilot functions and loss of to perform the actions that are required by fracture of the piston rod of the drag primary flaps control and flaps indication this AD, unless the AD specifies otherwise. display due to disengagement of all three flap strut actuator of the NLG, which could The Director of the Federal Register approves result in a gear-up landing, structural control units (FCUs) at the same time, which the incorporation by reference of these could lead to a non-normal high speed documents in accordance with 5 U.S.C. damage, and possible injury to landing with the flaps retracted, increased 552(a) and 1 CFR part 51. For copies of the passengers and crew. pilot workload, and possible runway service information, contact Boeing DATES: This AD becomes effective departure at high speeds during landing. Commercial Airplanes, PO Box 3707, Seattle, March 25, 2005. Washington 98124–2207. For information on Compliance The incorporation by reference of the availability of this material at the certain publications listed in the AD is (e) You are responsible for having the National Archives and Records approved by the Director of the Federal actions required by this AD performed within Administration (NARA), call (202) 741–6030, Register as of March 25, 2005. the compliance times specified, unless the or go to http://www.archives.gov/ actions have already been done. federal_register/code_of_federal_regulations/ ADDRESSES: For service information ibr_locations.html. You may view the AD identified in this AD, contact Dassault Replace FCU docket at the Docket Management Facility, Falcon Jet, P.O. Box 2000, South (f) At the earliest of the times specified in U.S. Department of Transportation, 400 Hackensack, New Jersey 07606. paragraphs (f)(1), (f)(2), and (f)(3) of this AD: Seventh Street SW., room PL–401, Nassif You can examine this information at Replace at least one FCU having P/N Building, Washington, DC. the National Archives and Records 285U0011–207 with a new or modified FCU Issued in Renton, Washington, on February Administration (NARA). For having P/N 285U0011–208 in accordance 3, 2005. information on the availability of this with the Accomplishment Instructions of material at NARA, call (202) 741–6030, Boeing Alert Service Bulletin 747–27A2386, Ali Bahrami, dated March 13, 2003. Manager, Transport Airplane Directorate, or go to: http://www.archives.gov/ Aircraft Certification Service. federal_register/ (1) Within 60 months after the effective _ _ _ date of this AD. [FR Doc. 05–2843 Filed 2–17–05; 8:45 am] code of federal regulations/ _ (2) Within 25,000 flight hours after the BILLING CODE 4910–13–P ibr locations.html. effective date of this AD. Docket: The AD docket contains the (3) Within 4,000 flight cycles after the proposed AD, comments, and any final effective date of this AD. DEPARTMENT OF TRANSPORTATION disposition. You can examine the AD Note 1: Boeing Alert Service Bulletin 747– docket on the Internet at http:// 27A2386, dated March 13, 2003, refers to Federal Aviation Administration dms.dot.gov, or in person at the Docket Boeing Component Service Bulletin Management Facility office between 9 285U0011–27–06, dated March 13, 2003, as 14 CFR Part 39 a.m. and 5 p.m., Monday through an additional source of service information Friday, except Federal holidays. The for modifying an FCU having P/N 285U0011– [Docket No. FAA–2004–19177; Directorate Docket Management Facility office 207 to P/N 285U0011–208. Identifier 2002–NM–202–AD; Amendment 39–13974; AD 2005–04–02] (telephone (800) 647–5227) is located on Actions Required Before or Concurrently the plaza level of the Nassif Building at With Paragraph (f) RIN 2120–AA64 the U.S. Department of Transportation, (g) For airplanes identified in Boeing 400 Seventh Street SW., room PL–401, Airworthiness Directives; Dassault Washington, DC. This docket number is Service Bulletin 747–27–2319, dated January Model Falcon 10 Series Airplanes 24, 1991: Before or concurrent with the FAA–2004–19177; the directorate accomplishment of paragraph (f) of this AD, AGENCY: Federal Aviation identifier for this docket is 2002–NM– replace the three FCUs having P/N Administration (FAA), Department of 202–AD. 285U0011–205 or 285U0011–206 with new Transportation (DOT). FOR FURTHER INFORMATION CONTACT: Tom or modified FCUs having P/N 285U0011–207 ACTION: Final rule. Rodriguez, Aerospace Engineer, in accordance with the Accomplishment International Branch, ANM–116, FAA, Instructions of Boeing Service Bulletin 747– SUMMARY: Transport Airplane Directorate, 1601 27–2319, dated January 24, 1991. The FAA is adopting a new airworthiness directive (AD) for all Lind Avenue, SW., Renton, Washington Note 2: Boeing Service Bulletin 747–27– Dassault Model Falcon 10 series 98055–4056; telephone (425) 227–1137; 2319, dated January 24, 1991, refers to Boeing fax (425) 227–1149. Component Service Bulletin 285U0011–27– airplanes. This AD requires a temporary 04, dated January 24, 1991, as an additional change to the airplane flight manual SUPPLEMENTARY INFORMATION: The FAA source of service information for modifying (AFM) to provide procedures to the proposed to amend 14 CFR part 39 with the FCUs having P/N 285U0011–205 or flightcrew for touchdown using the an AD for all Dassault Model Falcon 10 285U0011–206 to P/N 285U0011–207. main landing gear to avoid a three-point series airplanes. That action, published landing. This AD also requires repetitive in the Federal Register on September Parts Installation inspections of the piston rod of the drag 28, 2004 (69 FR 57886), proposed to (h) As of the effective date of this AD, no strut actuator of the nose landing gear require a temporary change to the person may install on any airplane an FCU (NLG) for cracks, which would airplane flight manual (AFM) to provide having P/N 285U0011–205 or –206. terminate the AFM revision, and procedures to the flightcrew for Alternative Methods of Compliance corrective actions if necessary. In touchdown using the main landing gear (AMOCs) addition, this AD provides for a to avoid a three-point landing. That (i) The Manager, Seattle Aircraft terminating modification, which would action also proposed to require Certification Office, FAA, has the authority to end the repetitive inspections. This AD repetitive inspections of the piston rod approve AMOCs for this AD, if requested is prompted by reports of failure of the of the drag strut actuator of the nose using the procedures found in 14 CFR 39.19. piston rod of the drag strut actuator of landing gear (NLG) for cracks, which
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8242 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
would terminate the AFM revision, and reason. One of the commenters states Executive Order 13132. This AD will corrective actions if necessary. In that the additional text is necessary to not have a substantial direct effect on addition, the proposed AD provided a ensure a suitable number of spare parts the States, on the relationship between terminating modification, which would are available to operators upon the national government and the States, end the repetitive inspections. publication of the AD. or on the distribution of power and We agree with the intent of the Comments responsibilities among the various commenters’ requests. Instead of levels of government. We provided the public the revising the Parts Installation paragraph For the reasons discussed above, I opportunity to participate in the included in the proposed AD, we are certify that this AD: development of this AD. We have omitting that paragraph from this AD. (1) Is not a ‘‘significant regulatory considered the comments that have action’’ under Executive Order 12866; Conclusion been submitted on the proposed AD. (2) Is not a ‘‘significant rule’’ under Request To Revise Paragraph (h), We have carefully reviewed the DOT Regulatory Policies and Procedures Repetitive Inspections available data, including the comments (44 FR 11034, February 26, 1979); and that have been submitted, and (3) Will not have a significant One commenter requests that the determined that air safety and the economic impact, positive or negative, proposed AD be revised to allow public interest require adopting the AD on a substantial number of small entities operators to replace a cracked drag strut with the changes described previously. under the criteria of the Regulatory actuator with an actuator having the We have determined that these changes Flexibility Act. same part number. The commenter will neither increase the economic We prepared a regulatory evaluation states that this should be allowed only burden on any operator nor increase the of the estimated costs to comply with once, and that the operators would still scope of the AD. this AD. See the ADDRESSES section for have to perform the repetitive a location to examine the regulatory inspections specified in paragraph (h)(2) Costs of Compliance evaluation. of the proposed AD. The commenter is This AD affects about 154 airplanes of concerned that there may be a shortage U.S. registry. List of Subjects in 14 CFR Part 39 of new, improved drag strut actuators The AFM revision takes about 1 work Air transportation, Aircraft, Aviation since the parallel French airworthiness hour per airplane, at an average labor safety, Incorporation by reference, directive, 2002–137(B), dated March 20, rate of $65 per work hour. Based on Safety. 2002, does not mandate the replacement these figures, the estimated cost of the of a cracked drag strut actuator with a AFM revision required by this AD for Adoption of the Amendment new, improved actuator. U.S. operators is $10,010, or $65 per n Accordingly, under the authority We agree with the commenter’s airplane. delegated to me by the Administrator, request. We have revised paragraph The inspection takes about 1 work the FAA amends 14 CFR part 39 as (h)(1) of this AD to specify that hour per airplane, at an average labor follows: operators may replace a cracked drag rate of $65 per work hour. Based on strut actuator with a part having the these figures, the estimated cost of the PART 39—AIRWORTHINESS same part number, or do the terminating inspection required by this AD for U.S. DIRECTIVES modification specified in paragraph (i) operators is $10,010, or $65 per of this AD. airplane, per inspection cycle. n 1. The authority citation for part 39 continues to read as follows: Request To Revise Paragraph (m), Part Authority for This Rulemaking Installation Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code Two commenters, the airplane specifies the FAA’s authority to issue § 39.13 [Amended] manufacturer and one of its rules on aviation safety. Subtitle I, n 2. The FAA amends § 39.13 by adding subsidiaries, request that paragraph (m) Section 106, describes the authority of the following new airworthiness of the proposed AD be revised to specify the FAA Administrator. Subtitle VII, directive (AD): that only drag strut actuators, part Aviation Programs, describes in more 2005–04–02 Dassault Aviation [Formerly number (P/N) 747721, that fail an detail the scope of the Agency’s ultrasonic inspection as specified in Avions Marcel Dassault-Breguet authority. Aviation (AMD/BA)]: Amendment 39– paragraph (h) of the proposed AD may We are issuing this rulemaking under 13974. Docket No. FAA–2004–19177; not be reinstalled on the airplane. the authority described in Subtitle VII, Directorate Identifier 2002–NM–202–AD. Specifically, the commenters request to Part A, Subpart III, Section 44701, include the text ‘‘* * * which has ‘‘General requirements.’’ Under that Effective Date failed the ultrasonic inspection of the section, Congress charges the FAA with (a) This AD becomes effective March 25, piston rod for cracks in accordance with promoting safe flight of civil aircraft in 2005. Dassault Service Bulletin F10–294, air commerce by prescribing regulations Affected ADs dated March 20, 2002.’’ The for practices, methods, and procedures (b) None. commenters state that if the piston rod the Administrator finds necessary for passes an ultrasonic inspection it is safety in air commerce. This regulation Applicability acceptable to the airplane manufacturer is within the scope of that authority (c) This AD applies to all Dassault Model to allow that drag strut actuator to because it addresses an unsafe condition Falcon 10 series airplanes, certificated in any remain in service on the airplane. The that is likely to exist or develop on category. commenters note that, after reading products identified in this rulemaking Unsafe Condition paragraph (m) of the proposed AD, a action. (d) This AD was prompted by reports of person could conclude that it is Regulatory Findings failure of the piston rod of the drag strut unacceptable to reinstall any drag strut actuator of the nose landing gear (NLG). We actuator, P/N 747721, if the actuator is We have determined that this AD will are issuing this AD to prevent cracking and/ removed from the airplane for any not have federalism implications under or fracture of the piston rod of the drag strut
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8243
actuator of the NLG, which could result in a with an airworthy part having the same part Alternative Methods of Compliance gear-up landing, structural damage, and number, or do the terminating modification (AMOCs) possible injury to passengers and crew. specified in paragraph (i) of this AD. (m) The Manager, International Branch, (2) If no crack is found: Repeat the ANM–116, Transport Airplane Directorate, Compliance inspection thereafter at intervals not to (e) You are responsible for having the exceed 700 landings on the drag strut FAA, has the authority to approve AMOCs actions required by this AD performed within actuator. for this AD, if requested in accordance with the compliance times specified, unless the the procedures found in 14 CFR 39.19. actions have already been done. Terminating Modification (i) Accomplishment of the modification of Related Information Airplane Flight Manual (AFM) Revision the drag strut actuator in accordance with (n) French airworthiness directive 2002– (f) Within 5 days after the effective date of Dassault Service Bulletin F10–297, dated 137(B) dated March 20, 2002, also addresses this AD: Revise the Limitations Section of the October 1, 2003, and prior or concurrent the subject of this AD. Falcon 10 AFM by incorporating Dassault accomplishment of the related modification Temporary Change (TC) 24, dated March 1, in accordance with Messier-Hispano-Bugatti Material Incorporated by Reference 2002, into the AFM. That TC provides Falcon 10 Service Bulletin 511–32–26, dated (o) You must use the service information procedures to the flightcrew for touchdown November 9, 1979, ends the repetitive that is specified in Table 1 of this AD to using the main landing gear to avoid a three- inspections required by paragraph (h)(2) of perform the actions that are required by this point landing. Thereafter, operate the this AD. airplane in accordance with the limitations AD, unless the AD specifies otherwise. The specified in the AFM revision. Additional Source of Service Information Director of the Federal Register approves the (g) When the information in TC 24 has (j) Messier-Dowty Service Bulletin 747721– incorporation by reference of those been included in general revisions of the 32–057, dated February 5, 2003, is referenced documents in accordance with 5 U.S.C. AFM, the TC may be removed from the AFM, in Dassault Service Bulletin F10–294 as an 552(a) and 1 CFR part 51. For copies of the provided the relevant information in the additional source of service information for service information, contact Dassault Falcon general revision is identical to that in TC 24. replacing the drag strut actuator rod. Jet, P.O. Box 2000, South Hackensack, New Repetitive Inspections Actions Not Required Jersey 07606. For information on the availability of this material at the National (h) Within 7 months after the effective date (k) Dassault Service Bulletin F10–294 Archives and Records Administration of this AD: Do an ultrasonic inspection of the recommends returning the drag strut actuator (NARA), call (202) 741–6030, or go to piston rod of the drag strut actuator of the to the component repair agent for http://www.archives.gov/federal_register/ NLG for cracks in accordance with Dassault replacement if a crack is found, but this AD _ _ _ Service Bulletin F10–294, dated March 20, requires doing the terminating modification code of federal regulations/ _ 2002. After the initial inspection has been specified in paragraph (i) of this AD. ibr locations.html. You may view the AD done, the TC required by paragraph (f) of this (l) Dassault Service Bulletins F10–294 and docket at the Docket Management Facility, AD may be removed from the AFM. F10–297 recommend submitting certain U.S. Department of Transportation, 400 (1) If any crack is found: Before further inspection results to the manufacturer. This Seventh Street SW., room PL–401, Nassif flight, replace the cracked drag strut actuator AD does not require those actions. Building, Washington, DC. TABLE 1.—MATERIAL INCORPORATED BY REFERENCE
Service information Revision level Date
Dassault Service Bulletin F10–294 ...... Original ...... Mar. 20, 2002. Dassault Service Bulletin F10–297 ...... Original ...... Oct. 1, 2003. Dassault Temporary Change 24 to the Falcon 10 Airplane Flight Man- Original ...... Mar. 1, 2002. ual. Messier-Hispano-Bugatti Falcon 10 Service Bulletin 511–32–26 ...... Original ...... Nov. 9, 1979.
Issued in Renton, Washington, on February SUMMARY: This amendment establishes, regulations is approved by the Director 3, 2005. amends, suspends, or revokes Standard of the Federal Register as of February Ali Bahrami, Instrument Approach Procedures 18, 2005. Manager, Transport Airplane Directorate, (SIAPs) for operations at certain ADDRESSES: Availability of matters Aircraft Certification Service. airports. These regulatory actions are incorporated by reference in the [FR Doc. 05–2844 Filed 2–17–05; 8:45 am] needed because of the adoption of new amendment is as follows: BILLING CODE 4910–13–P or revised criteria, or because of changes For Examination— occurring in the National Airspace 1. FAA Rules Docket, FAA System, such as the commissioning of Headquarters Building, 800 DEPARTMENT OF TRANSPORTATION new navigational facilities, addition of Independence Avenue, SW., new obstacles, or changes in air traffic Washington, DC 20591; Federal Aviation Administration requirements. These changes are 2. The FAA Regional Office of the designed to provide safe and efficient region in which the affected airport is 14 CFR Part 97 use of the navigable airspace and to located; promote safe flight operations under 3. The Flight Inspection Area Office [Docket No. 30438; Amdt. No. 3116] instrument flight rules at the affected which originated the SIAP; or, airports. 4. The National Archives and Records Standard Instrument Approach Administration (NARA). For Procedures; Miscellaneous DATES: This rule is effective February information on the availability of this Amendments 18, 2005. The compliance date for each material at NARA, call (202) 741–6030, AGENCY: Federal Aviation SIAP is specified in the amendatory or go to: http://www.archives.gov/ _ Administration (FAA), DOT. provisions. federal register/ The incorporation by reference of code_of_federal_regulations/ ACTION: Final rule. certain publications listed in the ibr_locations.html.
VerDate jul<14>2003 17:26 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8244 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
For Purchase—Individual SIAP as contained in the transmittal. Some effective at 0901 UTC on the dates copies may be obtained from: SIAP amendments may have been specified, as follows: 1. FAA Public Inquiry Center (APA– previously issued by the FAA in a 200), FAA Headquarters Building, 800 National Flight Data Center (NFDC) PART 97—STANDARD INSTRUMENT Independence Avenue, SW., Notice to Airmen (NOTAM) as an APPROACH PROCEDURES Washington, DC 20591; or emergency action of immediate flight n 1. The authority citation for part 97 2. The FAA Regional Office of the safety relating directly to published continues to read as follows: region in which the affected airport is aeronautical charts. The circumstances located. which created the need for some SIAP Authority: 49 U.S.C. 106(g), 40103, 40106, By Subscription—Copies of all SIAPs, 40113, 40114, 40120, 44502, 44514, 44701, amendments may require making them 44719, 44721–44722. mailed once every 2 weeks, are for sale effective in less than 30 days. For the by the Superintendent of Documents, remaining SIAPs, an effective date at n 2. Part 97 is amended to read as U.S. Government Printing Office, least 30 days after publication is follows: Washington, DC 20402. provided. * * * Effective 17 March 2005 Further, the SIAPs contained in this FOR FURTHER INFORMATION CONTACT: Arkadelphia, AR, Dexter B. Florence Donald P. Pate, Flight Procedure amendment are based on the criteria Memorial Field, RNAV (GPS) RWY 4, Orig Standards Branch (AMCAFS–420), contained in the U.S. Standard for Arkadelphia, AR, Dexter B. Florence Flight Technologies and Programs Terminal Instrument Procedures Memorial Field, NDB RWY 4, Amdt 7 Division, Flight Standards Service, (TERPS). In developing these SIAPs, the Arkadelphia, AR, Dexter B. Florence Federal Aviation Administration, Mike TERPS criteria were applied to the Memorial Field, GPS RWY 4, Orig-A, Monroney Aeronautical Center, 6500 conditions existing or anticipated at the CANCELLED South MacArthur Blvd., Oklahoma City, affected airports. Because of the close Orlando, FL, Kissimmee Gateway, GPS RWY and immediate relationship between 15, Orig–B, CANCELLED OK 73169 (Mail Address: PO Box 25082 Orlando, FL, Kissimmee Gateway, RNAV Oklahoma City, OK 73125) telephone: these SIAPs and safety in air commerce, (GPS) RWY 15, Orig (405) 954–4164. I find that notice and public procedure Pullman/Moscow, ID/WA, Pullman Moscow SUPPLEMENTARY INFORMATION: This before adopting these SIAPs are Regional, VOR RWY 5, Amdt 8 amendment to part 97 of the Federal impracticable and contrary to the public Pullman/Moscow, ID/WA, Pullman Moscow Aviation Regulations (14 CFR part 97) interest and, where applicable, that Regional, VOR/DME–A, Amdt 1 Pullman/Moscow, ID/WA, Pullman Moscow establishes, amends, suspends, or good cause exists for making some SIAPs effective in less than 30 days. Regional, RNAV (GPS) RWY 23, Orig revokes Standard Instrument Approach Peoria, IL, Greater Peoria Regional, ILS OR Procedures (SIAPs). The complete Conclusion LOC RWY 31, Amdt 6 regulatory description of each SIAP is The FAA has determined that this Peoria, IL, Greater Peoria Regional, NDB contained in official FAA form RWY 31, Amdt 15 regulation only involves an established documents which are incorporated by Madison, IN, Madison Muni, RNAV (GPS) body of technical regulations for which reference in this amendment under 5 RWY 3, Orig frequent and routine amendments are U.S.C. 552(a), 1 CFR part 51, and § 97.20 Madison, IN, Madison Muni, NDB RWY 3, necessary to keep them operationally Amdt 4 of the Federal Aviation Regulations current. It, therefore—(1) is not a Madison, IN, Madison Muni, VOR/DME (FAR). The applicable FAA Forms are ‘‘significant regulatory action’’ under RWY 3, Amdt 8 identified as FAA Forms 8260–3, 8260– Executive Order 12866; (2) is not a Dodge City, KS, Dodge City Regional, RNAV 4, and 8260–5. Materials incorporated ‘‘significant rule’’ under DOT (GPS) RWY 14, Orig by reference are available for Dodge City, KS, Dodge City Regional, RNAV Regulatory Policies and Procedures (44 examination or purchase as stated (GPS) RWY 32, Orig FR 11034; February 26, 1979); and (3) above. Dodge City, KS, Dodge City Regional, GPS does not warrant preparation of a The large number of SIAPs, their RWY 14, Orig–A, CANCELLED regulatory evaluation as the anticipated Olathe, KS, New Century Aircenter, RNAV complex nature, and the need for a impact is so minimal. For the same (GPS) RWY 17, Amdt 1 special format make their verbatim reason, the FAA certifies that this Olathe, KS, New Century Aircenter, RNAV publication in the Federal Register amendment will not have a significant (GPS) RWY 35, Amdt 1 expensive and impractical. Further, economic impact on a substantial Auburn-Lewiston, ME, Auburn-Lewiston airmen do not use the regulatory text of Muni, RNAV (GPS) RWY 4, Orig number of small entities under the the SIAPs, but refer to their graphic Auburn-Lewiston, ME, Auburn-Lewiston criteria of the Regulatory Flexibility Act. depiction on charts printed by Muni, RNAV (GPS) RWY 22, Orig publishers of aeronautical materials. List of Subjects in 14 CFR Part 97 Auburn-Lewiston, ME, Auburn-Lewiston Thus, the advantages of incorporation Muni, ILS OR LOC RWY 4, Amdt 10 Air Traffic Control, Airports, Auburn-Lewiston, ME, Auburn-Lewiston by reference are realized and Incorporation by reference, and Muni, NDB RWY 4, Amdt 11 publication of the complete description Navigation (Air). Auburn-Lewiston, ME, Auburn-Lewiston of each SIAP contained in FAA form Muni, VOR/DME–A, Amdt 1 documents is unnecessary. The Issued in Washington, DC on February 10, Columbus, OH, Rickenbacker International, provisions of this amendment state the 2005. ILS OR LOC RWY 5L, Orig affected CFR (and FAR) sections, with James J. Ballough, Portland, OR, Portland Intl, NDB RWY 28L, the types and effective dates of the Director, Flight Standards Service. Amdt 5 Portland, OR, Portland Intl, ILS OR LOC SIAPs. This amendment also identifies Adoption of the Amendment the airport, its location, the procedure RWY 10L, Amdt 2 Portland, OR, Portland Intl, ILS OR LOC n Accordingly, pursuant to the authority identification and the amendment RWY 10R, Amdt 32, ILS RWY 10R (CAT number. delegated to me, part 97 of the Federal II), ILS RWY 10R (CAT III), Amdt 32 Aviation Regulations (14 CFR part 97) is The Rule Portland, OR, Portland Intl, ILS OR LOC amended by establishing, amending, RWY 28L, Amdt 1 This amendment to part 97 is effective suspending, or revoking Standard Portland, OR, Portland Intl, ILS OR LOC upon publication of each separate SIAP Instrument Approach Procedures, RWY 28R, Amdt 13
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8245
Portland, OR, Portland Intl, RNAV (GPS) Cedar Rapids, IA, The Eastern Iowa, RNAV errors and clarifying paperwork RWY 10R, Orig (GPS) RWY 31, Amdt 1 requirements. None of these technical Portland, OR, Portland Intl, RNAV (GPS) The FAA published an Amendment corrections change the current RWY 10L, Orig interpretations or licensing Portland, OR, Portland Intl, RNAV (GPS) in Docket No. 30431, Amdt No. 3111 to RWY 28L, Orig Part 97 of the Federal Aviation requirements of the EAR. Portland, OR, Portland Intl, RNAV (GPS) Regulations (Vol 69, FR No. 239, page DATES: This rule is effective February RWY 28R, Orig 74416; dated December 14, 2004) under 18, 2005. Monongahela, PA, Rostraver, VOR–A, Amdt section 97.33 effective 17 MAR 2005, FOR FURTHER INFORMATION CONTACT: 5 which is hereby rescinded: William H. Arvin, Office of Exporter Monongahela, PA, Rostraver, RNAV (GPS) Services, Regulatory Policy Division, e- RWY 8, Orig Madison, WI, Dane County Regional-Truax Monongahela, PA, Rostraver, RNAV (GPS) Field, RNAV (GPS) RWY 14, Amdt 1 mail [email protected], fax 202 482 RWY 26, Orig Madison, WI, Dane County Regional-Truax 3355 or telephone 202 482 2440. Monongahela, PA, Rostraver, GPS RWY 26, Field, RNAV (GPS) RWY 18, Amdt 1 SUPPLEMENTARY INFORMATION: From Orig–B, CANCELLED Madison, WI, Dane County Regional-Truax time-to-time the Bureau of Industry and Field, RNAV (GPS) RWY 21, Amdt 1 Madison, WI, Dane County Regional-Truax Security (BIS) reviews portions of the * * * Effective 14 April 2005 Field, RNAV (GPS) RWY 32, Amdt 1 Export Administration Regulations Annapolis, MD, Lee, RNAV (GPS) RWY 30, Madison, WI, Dane County Regional-Truax (EAR) and identifies omissions, Orig–B Field, RNAV (GPS) RWY 36, Amdt 1 unnecessary language, obsolete Atlanta, GA, Hartsfield-Jackson Atlanta Intl, Madison, WI, Dane County Regional-Truax provisions, and provisions for which ILS OR LOC RWY 8R, Amdt 58C Field, ILS OR LOC/DME RWY 18, Orig clarification is desirable. This rule is the Madison, WI, Dane County Regional-Truax product of such a review; it clarifies, * * * Effective 12 May 2005 Field, ILS OR LOC/DME RWY 21, Orig updates, and revises the EAR. It does Rifle, CO, Garfield County Regional, LOC/ Madison, WI, Dane County Regional-Truax not make substantive changes to the Field, ILS OR LOC/DME RWY 36, Orig DME–A, Amdt 6B provisions and requirements of the EAR. Rifle, CO, Garfield County Regional, ILS Madison, WI, Dane County Regional-Truax In brief, this rule: RWY 26, ORIG–B Field, ILS RWY 18, Amdt 7C, CANCELLED • Freeport, IL, Albertus, NDB RWY 6, Orig–C, Madison, WI, Dane County Regional-Truax Updates the description of BIS’s CANCELLED Field, ILS RWY 21, Orig-A, CANCELLED general plan of organization in § 730.9; Dyersburg, TN, Dyersburg Muni, RNAV Madison, WI, Dane County Regional-Truax • Revises and shortens the (GPS) RWY 4, Amdt 1 Field, ILS RWY 36, Amdt 29D, description of the scope of the Dyersburg, TN, Dyersburg Muni, RNAV CANCELLED Commerce Country Chart in § 738.3(a); (GPS) RWY 22, Orig Madison, WI, Dane County Regional-Truax • Clarifies availability of License Dyersburg, TN, Dyersburg Muni, NDB RWY Field, RADAR–1, Amdt 17 Exception TMP for exhibition and 4, Amdt 1 The FAA published an Amendment demonstration in Country Group D:1; Dyersburg, TN, Dyersburg Muni, VOR–A, • Clarifies availability of License Amdt 17 in Docket No. 30435, Amdt No. 3114 to Part 97 of the Federal Aviation Exception TMP for reexports of kits of The FAA published an Amendment Regulations (Vol 70, FR No. 18, page replacement parts to Country Group D:1; in Docket No. 30435, Amdt No. 3114 to 4012; dated January 28, 2005) under • Adds the Under Secretary for Part 97 of the Federal Aviation section 97.33 effective 17 MAR 2005, Industry and Security as an official who Regulations (Vol 70, FR No. 18, page which is hereby amended as follows: may determine whether information 4011; dated January 28, 2005) under subject to § 12(c) of the Export Dallas-Fort Worth, TX, Dallas/Fort Worth section 97.33 effective 17 MAR 2005, International, ILS RWY 35C (CAT II), Amdt Administration Act may be released to which is hereby rescinded: 7, CANCELLED the public in conformance with the applicable Departmental Organization Perryville, AK, Perryville, RNAV (GPS) RWY [FR Doc. 05–3095 Filed 2–17–05; 8:45 am] 3, Orig Order; BILLING CODE 4910–13–P • Removes an unnecessary statement The FAA published an Amendment about responsibility to classify items in Docket No. 30431, Amdt No. 3111 to from § 748.3(a); Part 97 of the Federal Aviation DEPARTMENT OF COMMERCE • Revises the description of Regulations (Vol 69, FR No. 239, page emergency processing of license 74416; dated December 14, 2004) under Bureau of Industry and Security applications to conform to current section 97.33 effective 17 MAR 2005, agency practice; which is hereby rescinded: 15 CFR Parts 730, 738, 740, 748, 756, • Redesignates two paragraphs in Kalskag, AK, Kalskag, RNAV (GPS) RWY 6, 764, 766, 772 and 774 § 748.11 to conform to the standard Orig [Docket No. 050202022–5022–01] Code of Federal Regulations structure; Kalskag, AK, Kalskag, RNAV (GPS)–A, Orig • Corrects a citation to the Kalskag, AK, Kalskag, GPS RWY 6, Orig-A, RIN 0694–AD32 recordkeeping requirements pertaining CANCELLED to certificates or other documents Kalskag, AK, Kalskag, GPS RWY 24, Orig-A, Technical Corrections to the Export CANCELLED Administration Regulations obtained in connection with exports subject to the Inter-American Firearms The FAA published an Amendment AGENCY: Bureau of Industry and Convention; in Docket No. 30436, Amdt No. 3115 to Security, Commerce. • Sets the value of aircraft and vessels Part 97 of the Federal Aviation ACTION: Final rule. on temporary sojourn to $0 for license Regulations (Vol 70, FR No. 24, page application purposes to prevent 6339; dated February 7, 2005) under SUMMARY: This rule makes technical confusing statistical values of items section 97.33 effective 17 MAR 2005, corrections to the Export Administration licensed for export to embargoed which is hereby rescinded: Regulations (EAR) by updating internal destinations; Cedar Rapids, IA, The Eastern Iowa, RNAV agency process matters, clarifying • Revises the titles of the head and (GPS) RWY 13, Amdt 1 license exceptions, correcting citation deputy head of BIS in part 756
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8246 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
(Appeals) to conform to the currently license requirements that are not related Revision—Statement of BIS’s Practice applicable Departmental Organizational to the Country Chart has grown. In some Regarding Release of Information Orders; ECCNs, these license requirements are Obtained for the Purpose of • Corrects a citation error in the in lieu of Country Chart license Considering or Concerning License prohibition against concealment or requirements. In other ECCNs, these Applications misrepresentation of facts and adds license requirements are in addition to another citation to clearly distinguish Country Chart license requirements. In This rule revises § 748.1(c) to list the the export control documents from the addition, some ECCNs now serve as Under Secretary for Industry and boycott report documents that are cross references to the license Security as an official upon whose subject to § 764.2(g); requirements of other government determination BIS will release • Revises the title of the head of BIS agencies. This rule clarifies and information that is subject to § 12(c) of in part 766 (Administrative Enforcement shortens § 738.3 by providing a more the Export Administration Act (EAA) to Proceedings) to conform to the currently general description of when the Country the public. Section 12(c) of the EAA sets applicable Departmental Organizational Chart is needed to determine, in whole forth the criteria for public release of Orders; or in part, license requirements and by information obtained for purposes of • Revises the address for filing papers eliminating references to specific considering or concerning export in administrative enforcement ECCNs. license applications. Section 12(c) proceedings; designates the Secretary of Commerce as • Revises the definition of the term Clarification—License Exception TMP the official in the Executive Branch who ‘‘controlled country’’ to make clear that May Be Used for Exhibition and has authority to determine whether a controlled countries are countries Demonstration in Country Group D:1 release of information that is subject to subject to national security export On August 10, 2001, BIS published a § 12(c) of the EAA is in the national controls, to add two previously omitted rule revising the exhibition and interest. In Department of Commerce countries, and to reflect the shift of demonstration provisions of License Departmental Organization Order (DOO) North Korea from Country Group E:2 to Exception TMP (§ 740.9(a)(2)(iii) of the 10–16, the Secretary of Commerce D:1; EAR) to expand the scope of permissible designates the Under Secretary for • Removes a reference to a no longer destinations for such exhibitions and Industry and Security, formerly the existent technical note and corrects the demonstrations from Country Group B Under Secretary for Export name of another document referenced in to all destinations not in Country Group Administration, to exercise this ECCN 1C018; and E:1. When publishing that rule, BIS authority. This rule revises § 748.1(c) to • Revises the ECCN 3A001 License stated that it ‘‘expands the scope of reflect the requirements of DOO 10–16. Exceptions paragraph to exclude certain eligible countries for License Exception commodities controlled for missile TMP for exhibition and demonstration Removal of Unnecessary Statement technology reasons consistent with by making Country Group D:1 eligible About Responsibility To Classify Items for this provision’’ (see 66 FR 42108, § 740.2(a)(5). Section 748.3 describes the August 10, 2001). However, that rule The above-referenced changes are procedures for requesting BIS to classify did not revise § 740.9(a)(3)(i)(B) of the described in detail below. items that are subject to the EAR and for EAR, which prohibits use of License requesting advisory opinions from BIS. Revisions to Statement of BIS’s General Exception TMP for destinations in This rule removes the phrase ‘‘In light Plan of Organization Country Group D:1 unless excepted in of your responsibility to classify your Section 730.9 of the EAR describes that paragraph. This rule adds an item’’ from the first sentence of BIS’s general plan of organization. This exception to § 740.9(a)(3)(i)(B) covering § 743.3(a) because the phrase has no rule revises § 730.9 to reflect the current exhibition and demonstration of organization of the Bureau. Revised commodities and software authorized relevance to EAR procedures for § 730.9 incorporates references to under § 740.9(a)(2)(iii), making the requesting BIS to perform the government Web sites as the sources of former consistent both with the latter classification. detailed information about BIS and its and with BIS’s published statement Revision of Description of Emergency constituent units. concerning the effect of the rule Processing To Conform to Current published on August 10, 2001. Revisions to Description of the Scope of Practice the Commerce Control List in § 738.3(a) Clarification—License Exception TMP Section 748.4(h) describes procedures Section 738.3(a) describes the scope May Be Used for Reexports of Kits of for requesting emergency treatment of of the Commerce Country Chart. Prior to Replacement Parts to Country Group license applications and BIS’s policy for publication of this rule, § 738.3(a) stated D:1 dealing with those requests. Prior to that only two instances existed in which Section 740.9(a)(2)(ii) authorizes publication of this rule, that section set the Country Chart could not be used in exports and reexports of kits of forth some procedures that BIS no the process of determining license replacement parts under License longer requires to be followed. requirements based on the reasons for Exception TMP to all destinations Moreover, in accordance with Executive control expressed in Export Control except those in Country Group E:1. Order 12981, as amended by Executive Classification Numbers (ECCN) on the However, prior to publication of this Orders 13020, 13026, and 13117, BIS Commerce Control List; short supply rule, § 740.9(a)(3)(i)(B)(3), which may not unilaterally issue emergency items, and ‘‘Unique entries’’. The provides an exception to the prohibition licenses if the application must be section then listed the ECCNs that were of use of License Exception TMP for reviewed by other government agencies. ‘‘unique.’’ Since the time that § 738.3 shipments of kits of replacement parts This rule revises § 748.4(h) to describe was initially written, the Commerce to destinations in Country Group D:1, BIS’s current practice of giving Control List has been revised in ways referred only to exports. This rule adds applications expedited review and that make that description inaccurate. the phrase ‘‘or reexported’’ to requesting the other reviewing agencies The number of ECCNs that contain, in § 740.9(a)(3)(i)(B)(3), making it to do likewise when BIS determines that their license requirements sections, consistent with § 740.9(a)(2)(ii). expedited review is appropriate.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8247
Redesignation of Paragraphs To to all of the ‘‘unique license replaces the obsolete address in § 766.5 Conform to Standard Code of Federal requirements’’ in Supp. No.2 to Part with the current address for filing Regulations Structure 748. papers with the administrative law This rule redesignates Revision of Title of Head and Deputy judge. § 748.11(e)(4)(ii)(1) and (2) as Head of the Bureau of Industry and Revision of Definition of Controlled § 748.11(e)(4)(ii)(A) and (B) respectively. Security in Part 756 Country Technical Correction—Part 762 Part 756 describes the procedures for Recordkeeping Requirements Apply to appealing certain administrative actions Section 772.1 of the EAR defines Inter-American Firearms Convention to the head of BIS. This rule revises the many terms used in the regulations, Import Certificates titles of ‘‘Under Secretary for Export including the term ‘‘controlled Administration’’ and ‘‘Deputy Under country.’’ Under this definition, the Section 748.14 of the EAR requires, Secretary for Export Administration’’ to term ‘‘controlled country’’ refers to inter alia, that applicants for licenses to read ‘‘Under Secretary for Industry and destinations to which BIS applies ship certain firearms and related items Security’’ and ‘‘Deputy Under Secretary Commerce Control List based national to destinations in countries that are for Industry and Security,’’ respectively security controls. All such destinations, members of the Organization of in § 756.2. This change conforms the except Cuba, are listed in Country American States obtain and retain an titles in § 756.2 to those in the Group D:1. Prior to publication of this import certificate or equivalent original Department of Commerce Departmental document. This rule corrects one rule, two destinations that had been Organizational Orders 10–16 and 50–1, sentence in § 748.14(b) to state that the added to Country Group D:1, and as amended, dated March 19, 2004. recordkeeping provisions of Part 762, thereby made subject such national rather than only § 762.2, apply to the Citation Correction and Clarification of security controls, were omitted from the Firearms Convention certificate Prohibition Against Concealment or definition. Those destinations are: requirement. Section 762.2 is merely a Misrepresentation of Facts Macau, which was added to Country Group D:1 on May 28, 1999 (see 64 FR list of records that must be kept. The Section 764.2(g)(1)(ii) prohibits 28908); and Iraq, which was added on complete recordkeeping requirements falsifying, misrepresenting, or are set forth in the whole of Part 762. concealing material facts in export July 30, 2004 (see 69 FR 46074). Additionally, North Korea was removed Use of $0 for Value of Vessels and control documents and boycott reports. from Country Group E:2 and added to Aircraft in License Applications for Prior to publication of this rule, that Country Group D:1 on June, 19, 2000 Temporary Sojourns section referenced § 760.6 of the EAR for the definition of boycott reports. Section (see 65 FR 38150—38151). This rule The departure of a vessel or aircraft 760.6 does not exist. This rule adds to revises the definition of the term from the United States is, under the § 764.2(g)(1)(ii) a reference to the ‘‘controlled country’’ in § 772.1 to state EAR, an export of that aircraft or vessel. definition of export control documents that Macau, Iraq, and North Korea are in If the vessel or aircraft is traveling, even found in § 772.1. This rule also revises Country Group D:1, and to eliminate temporarily, from the United States to a a sentence in § 764.2(g)(1)(ii) to clarify redundant statements from the destination for which it would require the definition of boycott reports by definition. an export license and no license referring to such reports as ‘‘reports exception is available, a license is filed or required to be filed pursuant to Removal of Reference to a Non-existent required for the export of the vessel or § 760.5 of the EAR.’’ Advisory Note and Correction of the aircraft in addition to any licenses that Name of a Multilateral Regime Control may be required for its cargo. License Revision of Title of BIS Head in Part List Referenced in ECCN 1C018 applicants are required to state the value 766—Administrative Enforcement of the export on license applications. To Proceedings Export Control Classification Number date, this provision has required Section 766.2 defines certain terms 1C018 was revised in 1999 to remove applicants seeking licenses for vessels that are used in administrative the advisory note from that ECCN (see or aircraft on temporary sojourn to enforcement proceedings under the 64 FR 47667—47668, September 1, estimate the value of the vessel or EAR. Prior to publication of this rule, 1999). However, that revision did not aircraft even though the value is three of those definitions, ‘‘initial change the reference to License irrelevant to determining the outcome of decision,’’ ‘‘recommended decision,’’ Exception GBS in the License the application. In addition, these and ‘‘Under Secretary’’ referred to the Exceptions section of that ECCN, which values can create a misleading Under Secretary for Export continued to indicate that License impression in BIS’s annual licensing Administration. This rule revises the Exception GBS was available for items statistics as readers who may be title of the Under Secretary in those listed in the advisory note that had been unaware of the requirement to license definitions to read the ‘‘Under Secretary removed. This rule corrects that error by these temporary exports erroneously of Commerce for Industry and revising the reference to License conclude that BIS has licensed large Security,’’ pursuant to the title Exception GBS to read ‘‘N/A’’ to make volumes of aircraft and vessels for established in the Department of clear that License Exception GBS is not permanent export to embargoed Commerce Departmental Organizational available for any item in ECCN 1C018. destinations. This rule addresses both Orders 10–16 and 50–1, as amended, This rule also replaces the term problems by adding a new paragraph (u) dated March 19, 2004. ‘‘International Munitions List’’ in the to supplement No. 2 to part 748, heading of 1C018 with the term instructing the applicant to declare the Revision of Address for Filing Papers in value of the aircraft or vessel as $0 on Administrative Enforcement ‘‘Wassenaar Arrangement Munitions applications to send vessels or aircraft Proceedings List’’ to reflect the current name of that on temporary sojourn. This rule also Section 766.5 sets forth an address for document. adds a reference to that new paragraph filing papers in administrative (u) in § 748.8, which contains references enforcement proceedings. This rule
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8248 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
Exclusion of Certain Commodities in collections of information, including 15 CFR Part 766 ECCN 3A001 Controlled for Missile suggestions for reducing the burden, to Administrative practice and Technology Reasons From License David Rostker, OMB Desk Officer, by e- _ procedure, Confidential business Exception GBS Eligibility mail at david [email protected] or information, Exports, Law enforcement, ECCN 3A001, paragraph .a.1.a. by fax to 202.395.285; and to the Penalties. controls certain integrated circuits when Regulatory Policy Division, Bureau of 15 CFR Part 774 usable in missiles and paragraph .a.5.a Industry and Security, Department of controls certain analog-to-digital Commerce, PO Box 273, Washington, Exports, Reporting and recordkeeping converters when ‘‘designed or DC 20044. requirements. modified’’ for military use, hermetically 3. This rule does not contain policies n Accordingly, parts 730, 738, 740, 748, sealed and rated for operation in the with Federalism implications as that 756, 764, 766, 772, and 774 are amended temperature range from below ·54°C. term is defined in Executive Order as follows: to above +125°C. for missile technology 13132. reasons. Prior to publication of this rule, 4. The Department finds that there is PART 730—[AMENDED] the License Exception section of ECCN good cause under 5 U.S.C. 553(b)(3)(B) n 1. Revise the authority citation for part 3A001 indicated that commodities in to waive the provisions of the 730 to read as follows: paragraph .a were eligible for License Administrative Procedure Act requiring Exception LVS and that commodities in a notice of proposed rulemaking and the Authority: 50 U.S.C. app. 2401 et seq.; 50 paragraphs .a.2 to .a.12 were eligible for opportunity for public comment U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. License Exception GBS. However, because this regulation updates internal 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 287c; 22 U.S.C. 2151 note, Pub. L. 108–175; section 740.2(a)(5) prohibits the use of agency process matters, clarifies license 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 license exceptions for items controlled exceptions, corrects citation errors and U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 for missile technology reasons except clarifies paperwork requirements as U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. for some specified ECCNs in some described in the preamble. The 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. specific circumstances. ECCN 3A001 is revisions made by this rule are purely 106–387; Sec. 221, Pub. L. 107–56; E.O. not one of those specified ECCNs. This administrative and do not affect the 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. rule adds the phrases ‘‘except a.1.a and rights or obligations of the public. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 a.5.a when controlled for MT’’ to the Because these revisions are not Comp., p. 133; E.O. 12058, 43 FR 20947, 3 LVS paragraph and ‘‘except a.5.a when substantive changes to the EAR, it is CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. controlled for MT’’ to the GBS unnecessary to provide notice and 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. paragraph to make them consistent with opportunity for public comment. No 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 § 740.2(a)(5). other law requires that a notice of Comp., p. 179; E.O. 12918, 59 FR 28205, 3 proposed rulemaking and an Rulemaking Requirements CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR opportunity for public comment be 59099, 3 CFR, 1994 Comp., p. 950; E.O. 1. This final rule has been determined given for this rule. Because notice of 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. to be not significant for purposes of proposed rulemaking and opportunity 356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 E.O.12866. for public comment are not required to Comp., p. 419; E.O. 13020, 61 FR 54079, 3 2. Notwithstanding any other be given for this rule under the CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR provision of law, no person is required 58767, 3 CFR, 1996 Comp., p. 228; E.O. Administrative Procedure Act or by any 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. to respond to, nor shall any person be other law, the analytical requirements of 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 subject to a penalty for failure to comply the Regulatory Flexibility Act (5 U.S.C. Comp., p. 783; E.O. 13224, 66 FR 49079, 3 with a collection of information, subject 601 et seq.) are not applicable. CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR to the requirements of the Paperwork 26751, May 13, 2004; Notice of August 6, Reduction Act of 1995 (44 U.S.C. 3501 List of Subjects 2004, 69 FR 48763 (August 10, 2004); Notice et seq.) (PRA), unless that collection of 15 CFR Part 730 of November 4, 2004, 69 FR 64637 information displays a currently valid (November 8, 2004). Administrative practice and Office of Management and Budget n 2. Revise § 730.9 to read as follows: (OMB) Control Number. This rule procedure, Advisory committees, involves collections of information Exports, Reporting and recordkeeping § 730.9 Organization of the Bureau of subject to the PRA. These collections requirements, Strategic and critical Industry and Security. have been approved by the Office of materials. The head of the Bureau of Industry Management and Budget (OMB) under 15 CFR Parts 740 and 748 and Security is the Under Secretary for control numbers 0694–0088 and 0694– Industry and Security. The Under 0058. Administrative practice and Secretary is assisted by a Deputy Under Control number 0694–0088 ‘‘Multi- procedure, Exports, Reporting and Secretary for Industry and Security, the Purpose Application’’ carries a burden recordkeeping requirements. Assistant Secretary for Export hour estimate of 58 minutes to prepare 15 CFR Parts 738 and 772 Administration, the Assistant Secretary and submit form BIS–748. for Export Enforcement, the Director of Miscellaneous and recordkeeping Exports. Administration, the Director of the activities account for 12 minutes per 15 CFR Part 756 Office of Congressional and Public submission. Control Number 0694–0058 Affairs, the Chief Information Officer, ‘‘Voluntary Self-disclosures’’ carries an Administrative practice and and the Director of the Office of annual burden hour estimate of 670 procedure, Exports, Penalties. International Programs. The functions hours. BIS believes that this rule will 15 CFR Part 764 and authorities of the Under Secretary not change the burden hours imposed are described in the Department’s by either of these collections. Send Administrative practice and Organizational Order 10–16. The comments regarding these burden procedure, Exports, Law enforcement, Department’s organizational and estimates or any other aspect of these Penalties. administrative orders are available via
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8249
Office of Management and Commerce Control List (CCL) export FR 44025, 3 CFR, 2001 Comp., p. 783; Notice Organization’s Web page on the and reexport license requirements for of August 6, 2004, 69 FR 48763 (August 10, Department’s Web site at http:// most items listed on the CCL. Such 2004). www.osec.doc.gov/omo/DMPHome.htm. license requirements are based on the n 8. Revise § 748.1(c) to read as follows: The principal functions of the Bureau Reasons for Control listed in the Export that directly affect the public are carried Control Classification Number (ECCN) § 748.1 General provisions. out by two units: Export Administration that applies to the item. Some ECCNs, * * * * * and Export Enforcement. however, impose license requirements (c) Confidentiality. Consistent with (a) Export Administration is headed either without reference to a reason for section 12(c) of the Export by the Assistant Secretary for Export control code that is listed on the Administration Act, as amended, Administration, who is assisted by a Commerce Country Chart, or in addition information obtained for the purpose of Deputy Assistant Secretary. Its to such a reference. Those ECCNs may considering license applications, and substantive work is carried out by five state their license requirements in full other information obtained by the U.S. sub-units: the Office of Nonproliferation in their ‘‘Reasons for Control’’ sections Department of Commerce concerning and Treaty Compliance, the Office of or they may refer the reader to another license applications, will not be made National Security and Technology provision of the EAR for license available to the public without the Transfer Controls, the Office of Exporter requirement information. In addition, approval of the Secretary of Commerce Services, the Operating Committee, and some ECCNs do not impose license or of the Under Secretary for Industry the Office of Strategic Industries and requirements, but refer the reader to the and Security. Economic Security. The functions of the regulations of another government n 9. Revise the first sentence of § 748.3, Operating Committee are described in agency that may impose license paragraph (a) to read as follows: § 750.4(f)(1) of the EAR. The roles of the requirements on the items described in other units are described on BIS’s Web that ECCN. § 748.3 Classification requests, advisory opinions, and encryption review requests. site at http://www.bis.doc.gov/about/ * * * * * programoffices.htm. (a) Introduction. You may ask BIS to (b) Export Enforcement is headed by PART 740—[AMENDED] provide you with the correct Export the Assistant Secretary for Export Control Classification Number down to Enforcement who is assisted by a n 5. The authority citation for part 740 the paragraph (or subparagraph) level, if Deputy Assistant Secretary. Its continues to read as follows: appropriate. * * * substantive work is carried out by three Authority: 50 U.S.C. app. 2401 et seq.; 50 * * * * * sub-units: the Office of Export U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. n 10. Revise § 748.4(h) to read as follows: Enforcement, the Office of Enforcement 106–387; E.O. 13026, 61 FR 58767, 3 CFR, Analysis and the Office of Antiboycott 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, § 748.4 Basic guidance related to applying Compliance. The roles of these units are 3 CFR, 2001 Comp., p. 783; Notice of August for a license. described on BIS’s Web site at http:// 6, 2004, 69 FR 48763 (August 10, 2004). * * * * * www.bis.doc.gov/about/ n 6. In § 740.9, revise paragraphs (h) Emergency processing. Applicants programoffices.htm. (a)(3)(i)(B)(2) and (3) and add a may request emergency processing of (c) BIS is also assisted in its work by paragraph (a)(3)(i)(B)(4) to read as license applications by contacting the six technical advisory committees. The follows: Outreach and Educational Services procedures and criteria for establishing Division of the Office of Exporter and operating the technical advisory § 740.9 Temporary imports, exports, and Services by telephone on (202) 482– reexports (TMP). committees is at supplement No. 2 to 4811 or by facsimile on (202) 482–3617. this part. Information about the specific * * * * * Refer to the Application Control roles of each committee, meeting (a) * * * Number when making emergency schedules, and membership selection is (3) * * * processing requests. BIS will expedite available on BIS’s Web site at http:// (i) * * * its evaluation, and attempt to expedite tac.bis.doc.gov/. (B) * * * the evaluations of other government (2) Commodities and software agencies, of a license application when, PART 738—[AMENDED] exported under paragraph (a)(2)(i), tools in its sole judgement, the circumstances of trade, of this section; justify emergency processing. n 3. The authority citation for part 738 (3) Commodities exported or Emergency processing is not available continues to read as follows: reexported as kits consisting of for Special Comprehensive License Authority: 50 U.S.C. app. 2401 et seq.; 50 replacement parts, consistent with the applications. See § 750.7(h) of the EAR U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. requirements of paragraph (a)(2)(ii) of for the limit on the validity period of 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. this section; and emergency licenses. 287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; (4) Commodities and software n 11. In § 748.8 add a new paragraph (u) 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 exported or reexported for exhibition to read as follows: U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. and demonstration in accordance with 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. the requirements of paragraph (a)(2)(iii) § 748.8 Unique application and 106–387; Sec. 221, Pub. L. 107–56; E.O. of this section. submission requirements. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 * * * * * * * * * * Comp., p. 783; Notice of August 6, 2004, 69 (u) Aircraft and vessels on temporary FR 48763 (August 10, 2004). PART 748—[AMENDED] sojourn. n 4. Revise § 738.3(a) to read as follows: n 7. The authority citation for part 748 § 748.11 [Amended] § 738.3 Commerce Country Chart continues to read as follows: n 12. Redesignate § 748.11(e)(4)(ii)(1) as Structure. Authority: 50 U.S.C. app. 2401 et seq.; 50 § 748.11(e)(4)(ii)(A) and (a) Scope. The Commerce Country U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, § 748.11(e)(4)(ii)(2) as Chart allows you to determine the 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 § 748.11(e)(4)(ii)(B).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8250 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
n 13. Revise the third sentence of the Authority: 50 U.S.C. app. 2401 et seq.; 50 PART 772—[AMENDED] introductory text of § 748.14(b) to read as U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, follows: 3 CFR, 2001 Comp., p. 783; Notice of August n 22. The authority citation for part 772 6, 2004, 69 FR 48763 (August 10, 2004). continues to read as follows: § 748.14 Import Certificate for firearms n 18. Revise § 764.2(g)(1)(ii) to read as Authority: 50 U.S.C. app. 2401 et seq.; 50 destined for Organization of American follows: States member countries. U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, § 764.2 Violations. 3 CFR, 2001 Comp., p. 783; Notice of August * * * * * 6, 2004, 69 FR 48763 (August 10, 2004). (b) Import Certificate procedure. * * * * * * * * All the recordkeeping provisions (g) * * * n 23. In § 772.1, revise the definition of of part 762 of the EAR apply to this (ii) In connection with the ‘‘controlled country’’ to read as follows: requirement. * * * preparation, submission, issuance, use, § 772.1 Definitions of terms as used in the * * * * * or maintenance of any export control document as defined in § 772.1, or any Export Administration Regulations (EAR). n 14. In Supplement No. 2 to part 748, * * * * * add a new paragraph (u) to read as report filed or required to be filed follows: pursuant to § 760.5 of the EAR; or Controlled country. Countries * * * * * designated controlled for national Supplement No. 2 to Part 748—Unique security purposes under authority License Application Requirements PART 766—[AMENDED] delegated to the Secretary of Commerce by Executive Order 12214 of May 2, * * * * * n 19. Revise the authority citation for (u) Aircraft and vessels on temporary part 766 to read as follows: 1980 pursuant to section 5(b) of the sojourn. If the application is for an EAA. The controlled countries are: Authority: 50 U.S.C. app. 2401 et seq.; 50 aircraft or a vessel traveling on a Albania, Armenia, Azerbaijan, Belarus, U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, Bulgaria, Cambodia, Cuba, the People’s temporary sojourn, state the value of the 3 CFR, 2001 Comp., p. 783; Notice of August aircraft or vessel as $0 in box 22(g) (unit 6, 2004, 69 FR 48763 (August 10, 2004). Republic of China, Estonia, Georgia, price) and 22(h) (total price). In box 23 Iraq, Kazakstan, Kyrgyzstan, Laos, n 20. In § 766.2, revise the definitions of Latvia, Lithuania, Macau, Moldova, (Total Application Dollar Value), insert ‘‘Initial decision,’’ ‘‘Recommended the total value of items other than the Mongolia, North Korea, Romania, decision,’’ and ‘‘Under Secretary’’ to Russia, Tajikstan, Turkmenistan, aircraft or vessel that are included in the read as follows: same application. If the application is Ukraine, Uzbekistan, and Vietnam. All only for the aircraft or vessel on § 766.2 Definitions. of the controlled countries except Cuba are listed in Country Group D:1 of the temporary sojourn, insert $0. * * * * * Initial decision. A decision of the EAR. Cuba is listed in Country Group PART 756—[AMENDED] administrative law judge in proceedings E:2. This definition does not apply to involving violations relating to part 760 part 768 of the EAR (Foreign n 15. Revise the authority citation for Availability), which provides a part 756 to read as follows: of the EAR, which is subject to appellate review by the Under Secretary of dedicated definition. Authority: 50 U.S.C. app. 2401 et seq.; 50 Commerce for Industry and Security, * * * * * U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, but which becomes the final decision in 3 CFR, 2001 Comp., p. 783; Notice of August PART 774—[AMENDED] 6, 2004, 69 FR 48763 (August 10, 2004). the absence of such an appeal. * * * * * n 16. In § 756.2, revise the first sentence n 24. The authority citation for part 774 Recommended decision. A decision of continues to read as follows: of paragraph (a) and revise paragraph the administrative law judge in (b)(1) to read as follows: proceedings involving violations other Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. § 756.2 Appeal from an administrative than those relating to part 760 of the 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. action. EAR, which is subject to review by the 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; (a) Review and appeal officials. The Under Secretary of Commerce for 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 Under Secretary may delegate to the Industry and Security, who issues a U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. Deputy Under Secretary for Industry written order affirming, modifying or 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. and Security or to another BIS official vacating the recommended decision. 106–387; Sec. 221, Pub. L. 107–56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. the authority to review and decide the * * * * * Under Secretary. The Under Secretary 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 appeal. * * * Comp., p. 783; Notice of August 6, 2004, 69 (b) Appeal procedures. (1) Filing. An for Industry and Security, United States FR 48763 (August 10, 2004). appeal under this part must be received Department of Commerce. by the Under Secretary for Industry and n 21. In § 766.5, revise the first sentence n 25. In Supplement No. 1 to part 774, Security, Bureau of Industry and of paragraph (a) to read as follows: Category 1—Materials, Chemicals, Security, U.S. Department of Commerce, ‘‘Microorganisms,’’ and Toxins, Export § 766.5 Filing and service of papers other Control Classification Number 1C018, Room 3898, 14th Street and than charging letter. Pennsylvania Avenue, NW., revise the heading and the GBS (a) Filing. All papers to be filed shall Washington, DC 20230 not later than 45 paragraph of the License Exceptions be addressed to EAR Administrative days after the date appearing on the section to read as follows: Enforcement Proceedings, U.S. Coast written notice of administrative action. Guard, ALJ Docketing Center, 40 S. Gay 1C018 Commercial Charges and * * * * * Street, Baltimore, Maryland, 21202– Devices Containing Energetic Materials 4022, or such other place as the on the Wassenaar Arrangement PART 764—[AMENDED] administrative law judge may designate. Munitions List and Certain Chemicals n 17. Revise the authority citation for ***. as Follows (see List of Items Controlled) part 764 to read as follows: * * * * * * * * * *
VerDate jul<14>2003 17:26 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8251
License Exceptions FOR FURTHER INFORMATION CONTACT: Eric pursuant to License Exception TMP, LVS * * *. Longnecker, Foreign Policy Division, this rule employs the term ‘‘staff and GBS: N/A Office of Nonproliferation and Treaty employees’’ rather than the term CIV: *** Compliance, 202–482–5537, ‘‘employees’’ that applies to other * * * * * [email protected]. temporary tools of trade exports under n 26. In Supplement No. 1 to part 774, SUPPLEMENTARY INFORMATION: This rule License Exception TMP. The broader Category 3—Electronics, Export Control revises License Exception TMP (15 CFR term will allow the use of License Classification Number 3A001, revise the 740.9) to authorize certain exports, but Exception TMP for temporary tools of License Exception section to read as not reexports, to Sudan of certain trade exports by persons traveling to follows: commodities and software that Sudan at the direction of, or with the otherwise would require a license knowledge of, an organization registered 3A001 Electronic Components, as pursuant to § 742.10 or § 742.15 of the pursuant to 31 CFR 538.521 or an Follows (see List of Items Controlled) EAR. This rule makes the tools of trade organization authorized by OFAC to * * * * * provisions of License Exception TMP take actions, for humanitarian purposes, that otherwise would be prohibited by License Exceptions available to (1) non-governmental organizations that are engaged in the Sudanese Sanctions Regulation (31 LVS: N/A for MT or NP. activities to relieve human suffering in CFR part 538) to assist in the work of Yes for: Sudan and that are registered by the such organization in Sudan, even if $1500: 3A001.c Department of the Treasury, Office of such person is not an employee of such $3000: 3A001.b.1, b.2, b.3, .d, .e and .f Foreign Assets Control (OFAC) pursuant organization. For example, a health care $5000: 3A001.a (except.a.1.a and a.5.a to 31 CFR 538.521, or (2) organizations worker traveling from the United States when controlled for MT), and .b.4 to that are authorized by OFAC to take to Sudan, at the direction of, or with the b.7 actions, for humanitarian purposes, that knowledge of, an eligible organization to GBS: Yes for 3A001.a.1.b, a.2 to a.12 otherwise would be prohibited by the act as a volunteer providing medical (except .a.5.a when controlled for MT), Sudanese Sanctions Regulations (31 care as part of the activities of that b.2, and b.8 (except for TWTAs CFR part 538), or (3) staff or employees organization would be considered exceeding 18 GHz) of either such type of organization. ‘‘staff’’ under this rule, even if that CIV: Yes for 3A001.a.3.b, a.3.c, a.4, Under this rule, those parties are person is not an employee of the eligible a.7, and a.11. authorized, under section 740.9(a)(i) of organization. This rule makes no such * * * * * the EAR, to export to Sudan certain expansion of eligibility for use of Dated: February 14, 2005. basic telecommunications equipment License Exception TMP for temporary Matthew S. Borman, controlled under Export control tools of trade exports to destinations other than Sudan. Deputy Assistant Secretary for Export Classification Number (ECCN) 5A991 Administration. such as cell phones, personal digital Exports made pursuant to this rule [FR Doc. 05–3216 Filed 2–17–05; 8:45 am] assistants and other wireless handheld must also meet the general requirements for temporary exports under License BILLING CODE 3510–33–P devices, personal computers (including laptops) controlled under ECCN 4A994 Exception TMP set forth in § 740.9(a) of that do not exceed a composite the EAR and the specific requirements DEPARTMENT OF COMMERCE theoretical performance of 6,500 applying to tools of trade set forth in millions of theoretical operations per § 740.9(a)(2)(i). Such exports are also Bureau of Industry and Security second (MTOPS), and global positioning subject to the restrictions on the use of system (GPS) or similar satellite all License Exceptions found in § 730.2 15 CFR Part 740 receivers controlled under ECCN 7A994. of the EAR. BIS is publishing this rule to facilitate [Docket No. 050209030–5030–01] These revisions to License Exception TMP also allow the export of related the activities of organizations working RIN 0694–AD38 software controlled under ECCNs 4D994 to relieve human suffering in Sudan by and 5D992 for the use of such reducing the need for export licenses Revision of License Exception TMP for telecommunications equipment or faced by such organizations, their staffs Activities by Organizations Working To computers. The software must be loaded and employees. The commodities and Relieve Human Suffering in Sudan onto the commodity prior to being software being made eligible for export AGENCY: Bureau of Industry and exported and remain loaded on the under License Exception TMP by this Security, Commerce. commodity while in Sudan. This rule rule do not require a license for export ACTION: Final rule. also authorizes parts and components of or reexport to most destinations, but do those ECCN 5A991 and 4A994 devices require a license for export or reexport SUMMARY: This rule revises the Export that are controlled under ECCN 5A992 to Sudan because that country has been Administration Regulations to allow and that are installed with, or contained designated by the Secretary of State as staff and employees of certain in, such computers or equipment to be a state sponsor of terrorism. organizations to use License Exception exported under License Exception TMP. Although the Export Administration TMP to export basic communications The parts and components must remain Act of 1979 (EAA), as amended, expired equipment such as cell phones, personal installed with, or contained in, such on August 20, 2001, Executive Order computers, personal digital assistants, computers or equipment while in 13222 of August 17, 2001 (3 CFR, 2001 global positioning systems or similar Sudan. The tools of trade must Comp., p. 783 (2002)) as extended by satellite receivers and related software accompany (either hand carried or as the Notice of August 6, 2004, 69 FR to Sudan for up to one year to be used checked baggage) a member of the staff 48763 (August 10, 2004), continues the in the activities of those organizations to or an employee of such an organization EAR in effect under the International relieve human suffering. to Sudan. Emergency Economic Powers Act DATES: This rule is effective on February In connection with the temporary (IEEPA). 18, 2005. tools of trade exports that it authorizes Rulemaking Requirements:
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8252 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
1. This rule has been determined to be Authority: 50 U.S.C. app. 2401 et seq.; 50 tools of trade must be used in activities significant for purposes of E.O. 12866. U.S.C. 1701 et seq.; sec. 901–911, Pub. L. to relieve human suffering and, when 2. Notwithstanding any other 106–387; E.O. 13026, 61 FR 58767, 3 CFR, exported, must accompany (either hand 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, provision of law, no person is required carried or as checked baggage) a member to respond to, nor shall any person be 3 CFR, 2001 Comp., p. 783; Notice of August 6, 2004, 69 FR 48763 (August 10, 2004). of the staff or an employee of such an subject to a penalty for failure to comply organization to Sudan. In this paragraph with a collection of information, subject n 2. In § 740.9, revise paragraph (a)(2)(i), (a)(2)(i)(B), the term ‘‘staff’’ means a to the requirements of the Paperwork and paragraph (a)(5) to read as follows: person traveling to Sudan, at the Reduction Act of 1995 (44 U.S.C. 3501 direction of, or with the knowledge of et seq.) (PRA), unless that collection of § 740.9 Temporary imports, exports, and reexports (TMP). an organization registered pursuant to information displays a currently valid 31 CFR 538.521 or an organization Office of Management and Budget * * * * * authorized by OFAC to take actions, for (OMB) Control Number. This rule (a) * * * (2) * * * humanitarian purposes, that otherwise involves a collection of information (i) Tools of trade. Usual and subject to the PRA that has been would be prohibited by the Sudanese reasonable kinds and quantities of tools Sanctions Regulations (31 CFR part approved by OMB under control of trade (commodities and software) for number 0694–0088, ‘‘Multi-Purpose 538), to assist in the work of such use in a lawful enterprise or organization in Sudan even if such Application, which carries a burden undertaking of the exporter. The hour estimate of 58 minutes to prepare person is not an employee of such transaction must meet the requirements organization. The only tools of trade and submit form BIS–748. Send of paragraph (a)(2)(i)(A) or paragraph comments regarding these burden that may be exported to Sudan under (a)(2)(i)(B) of this section. For exports this paragraph (a)(2)(i) are: estimates or any other aspect of these under this License Exception of laptops, collections of information, including handheld devices and other computers (1) Personal computers (including suggestions for reducing the burden, to and equipment loaded with encryption laptops) controlled under ECCN 4A994 David Rostker, OMB Desk Officer, by e- that do not exceed a composite _ commodities or software, refer to mail at david [email protected] or interpretation 13 in § 770.2 of the EAR. theoretical performance of 6,500 by fax to 202–395–285; and to the (A) Destinations other than Country millions of theoretical operations per Regulatory Policy Division, Bureau of Group D:2 or Sudan. Exports and second and ‘‘software’’ controlled under Industry and Security, Department of reexports of tools of trade for use by the ECCNs 4D994 or 5D992 that is for the Commerce, P.O. Box 273, Washington, exporter or employees of the exporter ‘‘use’’ of such computers and that was DC 20044. may be made to destinations other than loaded onto such computers prior to 3. This rule does not contain policies Country Group E:2 or Sudan. The tools with federalism implications as this export an remains loaded on such of trade must remain under the computers while in Sudan; term is defined in Executive Order ‘‘effective control’’ (see § 772.1 of the 13132. EAR) of the exporter or the exporter’s (2) Telecommunications equipment 4. The provisions of the employee. Eligible tools of trade may controlled under ECCN 5A991 and Administrative Procedure Act (5 U.S.C. include, but are not limited to, ‘‘software’’ controlled under ECCN 553) requiring notice of proposed equipment and software as is necessary 5D992 that is for the ‘‘use’’ of such rulemaking, the opportunity for public to commission or service goods, equipment and that was loaded onto participation, and a delay in effective provided that the equipment or software that equipment prior to export and that date, are inapplicable because this is appropriate for this purpose and that remains loaded on such equipment regulation involves a military and all goods to be commissioned or while in Sudan; foreign affairs function of the United serviced are of foreign origin, or if States 5 U.S.C. 553(a)(1)). Further, no (3) Global positioning system (GPS) or subject to the EAR, have been legally other law requires that a notice of similar satellite receivers controlled exported or reexported. Tools of trade proposed rulemaking and an under ECCN 7A994; and may accompany the individual opportunity for public comment be (4) Parts and components that are departing from the United States or may given for this rule. Because a notice of be shipped unaccompanied within one controlled under ECCN 5A992, that are proposed rulemaking and an month before the individual’s departure installed with, or contained in, opportunity for public comment are not from the United States, or at any time computers or telecommunications required to be given for this rule under after departure. equipment listed in paragraphs 5 U.S.C. 553 or by any other law, the (B) Sudan. Exports, but not reexports, (a)(2)(i)(B)(1) and (2) of this section and analytical requirements of the of tools of trade may be made to Sudan that remain installed with or contained Regulatory Flexibility Act (5 U.S.C. 601 by: A non-governmental organization in such computers or equipment while et seq.) are not applicable. Therefore, engaged in activities to relieve human in Sudan. this rule is being issued in final form. suffering in Sudan and registered by the * * * * * Department of the Treasury, Office of List of Subjects in 15 CFR Part 740 (5) Reexports. Commodities and Foreign Assets Control (OFAC) pursuant Administrative practice and software legally exported from the to 31 CFR 538.521; or by an organization procedure, Exports, Reporting and United States may be reexported to a authorized by OFAC to take actions, for recordkeeping requirements. new country(ies) of destination other humanitarian purposes, that otherwise n Accordingly, part 740 of the Export would be prohibited by the Sudanese than Sudan or Country Group E:2 under Administration Regulations (15 CFR Sanctions Regulations (31 CFR part provisions of this paragraph (a) parts 730–799) is amended as follows: 538); or by staff or employees of either provided its terms and conditions are met and the commodities and software PART 740—LICENSE EXCEPTIONS such type of organization. The tools of trade must remain under the ‘‘effective are returned to the country from which n 1. The authority citation for part 740 control’’ (see § 772.1 of the EAR) of the the reexport occurred. continues to read as follows: exporter or its employee or staff. The * * * * *
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8253
Dated: February 14, 2005. Background—7 authorized to make sales at market- Matthew S. Borman, Discussion—11 based rates, as well as that of all future General Issues—11 Deputy Assistant Secretary for Export applicants. The Commission proposed Comments—11 Administration. that notice of such changes in status be Commission Conclusion—15 [FR Doc. 05–3215 Filed 2– 17–05; 8:45 am] Triggering Events—18 filed no later than 30 days after the BILLING CODE 3510–33–M Triggering Events Generally—19 change in status occurs. Comments—19 2. As discussed more fully below, in Commission Conclusion—25 this Final Rule, the Commission, among DEPARTMENT OF ENERGY Exemptions—28 other things: Imposes uniform standards Comments—28 on all market-based rate sellers by Federal Energy Regulatory Commission Conclusion—34 eliminating the option to delay Control/Ownership—42 Commission Comments—42 reporting changes in status until Commission Conclusion—47 submission of the triennial review or to 18 CFR Part 35 Affiliation—49 file a triennial review in lieu of [Docket No. RM04–14–000; Order No. 652; Comments—49 reporting changes in status as they 110 FERC ¶ 61,097] Commission Conclusion—51 occur; specifically refers to ‘‘control’’ of Inputs to Electric Power Production—52 generation or transmission facilities as a Reporting Requirement for Changes in Comments—53 trigger which could result in the Commission Conclusion—58 obligation to make a change in status Status for Public Utilities With Market- Materiality Threshold—60 Based Rate Authority Comments—61 filing; provides guidance as to the Commission Conclusion—68 ‘‘characteristics’’ the Commission relies Issued February 10, 2005. Transmission Outages—71 on in evaluating whether to grant AGENCY: Federal Energy Regulatory Comments—72 market-based rate authority; provides Commission, DOE. Commission Conclusion—75 guidance as to the form, content, and ACTION: Final rule. Other Reportable Arrangements—76 timing of a change in status filing; and Comments—77 incorporates into all market-based rate SUMMARY: In this Final Rule, the Federal Commission Conclusion—82 tariffs the standards discussed herein. Energy Regulatory Commission Form and Content of Reports—84 Comments—85 3. In doing so, the Commission has (Commission) is amending its adopted many of the recommendations regulations to establish a reporting Commission Conclusion—93 Inclusion of Reporting Requirement in suggested by commenters. In this regard, obligation for changes in status that Market-based Rate Tariffs—96 the Commission clarifies that a change apply to public utilities authorized to Comments—97 in status filing is one of the tools the make wholesale power sales in Commission Conclusion—98 Commission uses to ensure that interstate commerce at market-based Reporting Period/Timing—99 wholesale electric rates remain just and rates. The Commission is amending its Comments—100 reasonable. In particular, a change in regulations to establish guidelines Commission Conclusion—105 Other Procedural Issues—108 status filing informs the Commission of concerning the types of events that changes that may occur from time to Before Commissioners: Pat Wood, III, trigger this reporting obligation and time that relate to the four-part analysis modifying the market-based rate Chairman; Nora Mead Brownell, Joseph T. Kelliher, and Suedeen G. Kelly. (generation market power, transmission authority of current market-based rate market power, other barriers to entry, sellers to ensure that all such events are Introduction and affiliate abuse and reciprocal timely reported to the Commission by 1. On October 6, 2004, the dealing) the Commission relies on for eliminating the option to delay Commission issued a Notice of granting market-based rate authority. At reporting of such events until Proposed Rulemaking (NOPR) that the same time, however, the submission of a market-based rate proposed to standardize and clarify Commission finds that some of the seller’s updated market power analysis. market-based rate sellers’ reporting recommendations made by commenters This reporting requirement will be requirement for changes in status. The are more appropriately addressed in the incorporated into the market-based rate Commission proposed to impose market-based rate rulemaking tariff of each entity that is currently uniform standards on all market-based proceeding that the Commission has authorized to make sales at market- rate sellers by eliminating the option to initiated in Docket No. RM04–7–000. based rates, as well as that of all future delay reporting changes in status until 4. As discussed below, the applicants. submission of the triennial review, or to Commission finds that a number of DATES: Effective Date: This Final Rule file a triennial review in lieu of issues regarding the Commission’s will become effective on March 21, reporting changes in status as they analysis under the four-part test (e.g., 2005. occur. Acting pursuant to section 206 of what constitutes control of an asset, FOR FURTHER INFORMATION CONTACT: the FPA, the Commission proposed to how to treat long-term contracts, how to Brandon Johnson, Federal Energy amend its regulations and to modify the evaluate whether an applicant has Regulatory Commission, 888 First market-based rate authority of current transmission market power) are more Street, NE., Washington, DC 20426, market-based rate sellers to include the appropriately addressed in the market- (202) 502–6143 requirement to timely report to the based rate rulemaking, in which Michelle Barnaby, Federal Energy Commission any change in status that numerous technical conferences have Regulatory Commission, 888 First would reflect a departure from the been held and comments filed. It is in Street, NE., Washington, DC 20426, characteristics the Commission relied that proceeding that the Commission (202) 502–8407 upon in granting market-based rate will examine the recommendations of SUPPLEMENTARY INFORMATION: authority. The Commission proposed commenters and address the adequacy that this reporting requirement be of the current four-part analysis, Table of Contents / Paragraph incorporated into the market-based rate including whether and how it should be Introduction—1 tariff of each entity that is currently modified to assure that electric market-
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8254 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
based rates are just and reasonable for their market-based rate sales during Furthermore, market structure is rapidly under the FPA. the most recent calendar quarter.3 evolving due to restructuring, corporate 5. With respect to change in status 8. The Commission has also required realignments and new types of that market-based rate sellers report any filings, in this Final Rule applicants are contractual and subcontracting changes in status that would reflect a reminded that the baseline arrangements, in which utilities departure from the characteristics the determination of whether a filing is increasingly grant other firms control Commission relied upon in its existing over managing various aspects of their required is whether the change in status grant of market-based rate authority. in question would have been reportable business such as power marketing. In When the Commission first granted light of these structural changes, the in an initial application for market- market-based rate authorizations, it Commission has concluded that more based rate authority under the required traditional utilities that timely reporting of changes in status is Commission’s four-part analysis, as it satisfied the Commission’s initial necessary. may change from time to time. To the market power review to file an updated extent that the change in status in 10. Therefore, the Commission market power analysis every three years proposed in the NOPR to eliminate the question would have been reportable in to allow the Commission to monitor option to delay reporting changes in an initial request for market-based rate competitive conditions and to status until the next triennial review, or authority, a change in status filing is determine whether the applicants still to file a triennial review in lieu of required. For example, if an applicant 4 satisfied our market power concerns. promptly reporting changes in status, acquires additional uncommitted Power marketers, on the other hand, and to standardize the change in status capacity, a change in status filing is were required to promptly notify the reporting requirement. Accordingly, the 5 required. Commission of changes in status. proposed regulations would require 6. The Commission provides this Subsequently, the Commission has that, as a condition of obtaining and guidance to enable applicants to better allowed market-based-rate sellers to retaining market-based rate authority, determine when they must report a choose between promptly reporting all sellers will be required to timely change in status. The electric industry is changes in status, filing a three-year report to the Commission any change in a dynamic industry and no bright-line update in lieu of reporting changes in status that would reflect a departure 6 standard is possible to encompass all status as they occurred, or reporting from the characteristics the Commission relevant factors and possibilities that such changes in conjunction with the relied upon in granting market-based 7 may occur. The Commission believes updated market analysis. The rate authority. Commission reserved the right to that sufficient guidance has been Discussion provided in this Final Rule and reminds require such an analysis at any time and, in the NOPR, proposed to continue applicants that they have the right to General Issues to reserve this right. make a change in status filing under 9. To carry out its statutory duty Comments section 205 of the Commission’s under the FPA to ensure that market- regulations at any time. With this 11. With only a few exceptions, the based rates are just and reasonable, the commenters support the Commission’s safeguard, the Commission is certain Commission must rely on market-based that applicants have the means to fully proposal to standardize market-based rate sellers to provide accurate, up-to- rate sellers’ reporting requirement. comply with the change in status date information regarding any relevant requirement and with the standards Nearly all of the comments received changes in status, such as ownership or urge the Commission to more clearly adopted herein can do so efficiently and control of generation or transmission with no additional burden. define market-based rate sellers’ facilities and affiliate relationships. In reporting obligation and to do so in a Background contrast to when the Commission first manner that does not impose an began to authorize market-based rate excessive reporting burden. 7. As the Commission explained in sales, as markets have expanded and 12. Mayflower LP (Mayflower) argues the NOPR, it has a statutory duty under developed, both the number and types that the Commission’s entire approach the FPA to ensure that rates charged by of market-based rate sellers have of attempting to develop market power public utilities authorized to make increased (e.g., independent power tests is misguided because the variables wholesale sales in interstate commerce producers, power marketers, affiliated involved are too complex to describe at market-based rates are just and generators) and the complexity of effectively in a regulation. Mayflower reasonable.1–2 The Commission uses a wholesale markets has increased. contends that the Commission should four-part test to determine whether to instead prioritize its resources to grant market-based rate authority. That 3 Revised Public Utility Filing Requirements, Order No. 2001, 67 FR 31,043 (May 8, 2002), FERC mitigating the obvious cases of market test examines whether the applicant or Stats. & Regs. ¶ 31,127 (Apr. 25, 2002). The required power, in particular by utilizing section its affiliates possess the potential to data sets for contractual and transaction 205(f) of the FPA 8 to end market power exercise market power by considering information are described in Attachments B and C abuses through fuel adjustment clauses, generation market power, transmission of Order No. 2001. 4 See, e.g., Entergy Services, Inc., 58 FERC which allow utilities to pass through the market power, barriers to entry, and the ¶ 61,234 (1992); Louisville Gas & Electric, 62 FERC costs of operating dirty and inefficient potential for affiliate abuse or reciprocal ¶ 61,016 (1993). gas and boiler generation, while cleaner, dealing. Sellers authorized to make sales 5 See, e.g., Citizens Power & Light Corp., 48 FERC cheaper-to-run combined cycle at market-based rates are then required ¶ 61,210 (1989); Enron Power Marketing, 65 FERC generation sits idle.9 ¶ 61,305 (1993); InterCoast Power Marketing Co., 68 to file electric quarterly reports FERC ¶ 61,248 (1994). 13. Tractebel North America, Inc. containing a summary of the contractual 6 See, e.g., Morgan Stanley Capital Group, Inc., 69 (Tractebel), citing the Commission’s terms and conditions in every effective FERC ¶ 61,175 (1994). recent order disclaiming jurisdiction service agreement for market-based 7 See, e.g., AEP Power Marketing, Inc., 76 FERC under section 203 for a generation-only power sales and transaction information ¶ 61,307 at 62,516 (1996); Montaup Electric Co., 85 FERC ¶ 61,313 at 62,232 (1998); Sithe/ Independence Power Partners, 101 FERC ¶ 61,210 at 8 16 U.S.C. 824d(f) (2000). 1–2 16 U.S.C. 824d(a) (2000). 61,907 (2002). 9 Mayflower at 2, 8.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8255
facility in Perryville Energy Partners,10 or filing related to EWG status, as market-based rate authority. In order to argues that the review of transactions in Tractebel suggests, would depend on eliminate any market uncertainty, the the context of market-based rate the facts of the particular case. As the Commission proposed that the authority is an inadequate substitute for Commission stated in the Perryville regulations specifically reference Commission review of a public utility’s case, the Commission will consider the ‘‘control’’ as well as ownership as a acquisition of an asset under section effect of the addition of the Perryville factor relied upon by the Commission. 203. Accordingly, in cases where the capacity as part of the Commission’s As we noted in the NOPR, the Commission lacks jurisdiction under review of Entergy’s updated market Commission’s early orders granting section 203, Tractebel urges the power analysis in Docket No. ER91– market-based rate authority Commission to review acquisitions of 569–023, et al.13 acknowledged that sellers may exercise generation not only in the context of a 17. We will also reject PG&E’s market power through contractual notice of change in status, but also in suggestion to exempt investor-owned arrangements granting them control of related filings, such as any rate filing for utilities such as PG&E from the generation or transmission facilities just transmission interconnection service reporting requirement. Adopting PG&E’s as effectively as they could through over assets that will continue to be proposal could result in allowing large ownership.16 Similarly, the owned by the seller and filings related vertical utilities to increase their market Commission’s guidelines for the to exempt wholesale generator (EWG) share or otherwise obtain market power assessment of mergers and its generation status.11 without notifying the Commission of market power analysis for market-based 14. Finally, Pacific Gas & Electric changed circumstances. Under PG&E’s rate authority provide that, for the Company (PG&E) argues that the proposal, a vertical utility could have purposes of the market power analysis, reporting requirement proposed in the changed circumstances that would the capacity associated with contracts NOPR should apply to energy marketers result in that utility no longer satisfying that confer operational control of a but not to investor-owned utilities that one or more prongs of the four-part test given facility to an entity other than the are serving native load customers and that the Commission uses to determine owner must be assigned to the entity are members of an independent system whether to grant market-based rate exercising control over that facility, operator (ISO) or regional transmission authorization. With no notification to rather than to the entity that is the legal organization (RTO). According to PG&E, the Commission in that regard such a owner of the facility.17 In addition, with there are legitimate differences between proposal provides little or no protection respect to notifications of changes in energy marketers (who, as net sellers, to customers in the market between status, the Commission has found that engage in electric trades for profit and review periods, (i.e., triennial review). an entity controls the facilities of can influence the market relatively To the extent that PG&E assumes an another when it controls the decision- rapidly) and traditional utilities such as RTO’s mitigation warrants an making authority over sales of electric PG&E (who are net buyers and do not exemption, we have rejected such an energy, including discretion as to how, 14 speculate).12 exemption in the previous orders. when and to whom it could sell power Commission Conclusion Triggering Events generated by these facilities.18 15. We decline to adopt Mayflower’s 18. With respect to the types of events Triggering Events Generally proposal to address alleged market that should trigger the reporting Comments power abuses through fuel adjustment obligation, the Commission proposed in clauses because it goes beyond the the NOPR that, as an initial matter, the 19. Several commenters assert that the scope of the instant rulemaking. Section following events would qualify as definitions of triggering events are vague 205(f) requires the Commission to changes in status: (1) Ownership or or unclear and request that the review practices under public utility control of generation or transmission Commission clarify these elements of automatic adjustment clauses to ensure facilities or inputs to electric power the proposed regulations.19 Some efficient use of resources under such production; or (2) affiliation with any commenters request that the clauses. If a party believes that this is entity not disclosed in the filing that Commission clarify these terms by not being done, the Commission owns or controls generation or issuing a supplemental NOPR offering a encourages the filing of a complaint to transmission facilities or inputs to detailed description of the specific remedy the matter. Proposals such as electric power production or affiliation Mayflower’s, which urge the with any entity that has a franchised 16 See, e.g., Citizens Power, 48 FERC ¶ 61,210 at Commission to adopt a new approach service area.15 The Commission noted 61,777 (‘‘Usually, the source of market power is that, although the change in status dominant or exclusive ownership of the facilities. toward the mitigation of market power, However, market power also may be gained without are more appropriately addressed in the provision has not specifically referenced ownership. Contracts can confer the same rights of generic rulemaking in Docket No. ‘‘control’’ of assets, the Commission has control. Entities with contractual control over RM04–7–000. historically taken into account all of the transmission facilities can withhold supply and 16. In response to Tractebel’s assets that a market-based rate seller extract monopoly prices just as effectively as those who control facilities through ownership.’’). comments, the acquisition of a controls in our four-part test for granting 17 See April 14 Order, 107 FERC ¶ 61,018 at P 95; generating facility by a utility with 108 FERC ¶ 61,026 at P 65; Inquiry Concerning the market-based rate authority such as 13 Perryville, 109 FERC ¶ 61,019 at P 20, 22. Commission’s Merger Policy Under the Federal occurred in Perryville is an event that 14 See AEP Power Marketing, Inc., 107 FERC Power Act: Policy Statement, Order No. 592, 61 FR would trigger the filing of a change in ¶ 61,018 at P 186 (2004) (April 14 Order), order on 68,595 (1996), FERC Stats. & Regs. ¶ 31,044 (1996), reh’g, 108 FERC ¶ 61,026 at P 175 (2004) (July 8 recons. denied, Order No. 592–A, 62 FR 33,341 status report consistent with this rule. Order). (1997), 79 FERC ¶ 61,321 (1997) (Merger Policy Whether it would trigger other 15 The Commission’s regulations define Statement); see also Revised Filing Requirements jurisdictional filings such as a rate filing ‘‘affiliated companies’’ as ‘‘companies or persons Under Part 33 of the Commission’s Regulations, for transmission interconnection service that directly, or indirectly through one or more Order 642, 65 FR 70,983 (2000), FERC Stats. & Regs. intermediaries, control, or are controlled by, or are ¶ 31,111 (2000), order on reh’g, Order No. 642–A, under common control with, the [subject] 66 FR 16,121 (2001), 94 FERC ¶ 61,289 (2001). 10 109 FERC ¶ 61,019 (2004) (Perryville). company.’’ 18 CFR part 101 (2004). See also 18 CFR 18 El Paso Electric Power Co., 108 FERC ¶ 61,107 11 Tractebel at 3–4. 161.2 (2004); Morgan Stanley Capital Group, 72 at P 14 (2004), reh’g pending. 12 PG&E at 4–6. FERC ¶ 61,082 (1995). 19 See, e.g., Xcel Energy Services (Xcel) at 4–5.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8256 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
information it needs 20 or by setting ‘‘would reflect a departure from the support for their contention that the forth clear ‘‘rules of the road’’ to provide characteristics the Commission relied inclusion of an illustrative list would in market-based rate sellers guidance as to upon in granting market-based rate fact increase regulatory certainty. whether they are in compliance with the authority.’’ 28 26. In response to the request of Commission’s requirements.21 Cinergy 23. EEI, supported by Pacificorp, Cinergy, we clarify that the reporting Services, Inc. (Cinergy) urges the argues that the reporting obligation requirement is limited to reviewing Commission to limit the scope of the should extend only to changes in changes in status relevant to the present rulemaking to reviewing circumstances within the applicant’s Commission’s current four-part analysis reporting requirements for changes in control. According to EEI, an applicant for market-based rate authority and that status relevant to the Commission’s should not be required to report a the Commission will not consider any current four-part analysis for market- change of circumstances based on an new tests or modifications of its current based rate authority and to defer action taken by a competitor (such as a four-part test in this docket. APPA has consideration of new issues or decision to retire a generation unit or argued that the Commission should modifications to the current market- take transmission capacity out of change its existing reporting based rate tests for the parallel service) or natural events (such as a high requirement—which obligates market- rulemaking in Docket No. RM04–7– hydro-year, higher wind generation or based rate sellers to report changes that 000.22 load disruptions due to adverse weather ‘‘would reflect a departure from the 20. Commenters were divided as to conditions) that might change the result characteristics the Commission relied whether the Commission should of the interim screens.29 upon in granting market-based rate include an illustrative list of triggering 24. Finally, commenters suggest the authority’’—to require reporting of events. Calpine Corporation (Calpine) following additional triggering events: changes that ‘‘could affect the public and Transmission Access Policy Study The acquisition of Financial utility’s eligibility for [market-based Group (TAPS) argue that the Transmission Right (FTR) positions into rate] authority,’’ based on current Commission should adopt bright-line constrained load pockets that exceed a standards for authorization of market- standards for what constitutes a seller’s load obligations in the load based rate authority. We clarify that the reportable event and suggest specific pocket,30 any changes in ISO or RTO ‘‘characteristics’’ refer to the events that should trigger the reporting status for the relevant market; or any Commission’s four-part test and our requirement, which are discussed changes in state regulations relative to analysis thereof. The Commission further below.23 National Rural Electric load-serving obligations in the relevant evaluates any request to obtain or retain Cooperatives Association (NRECA) market; 31 changes in market definition, market-based rate authority under its argues that the Commission should e.g., due to transmission outages or the currently applicable standards for each clearly define when the reporting change in size of a load pocket, of the four prongs; similarly, a notice of obligation is triggered because failure to provided that such changes are change in status is required in comply could potentially result in confirmed by the independent and circumstances where the factors the retroactive refunds pursuant to the published judgment of an ISO or RTO Commission relied upon in evaluating Ninth Circuit’s decision in California ex overseeing local market power issues the four-part test as it applies to an rel. Lockyer v. FERC 24 and/or pursuant to a Commission tariff.32 applicant change. Under these suspension or revocation of market- circumstances, the Commission will Commission Conclusion apply the currently applicable standard based rate authority.25 in its assessment of whether that entity 21. On the other hand, the Bank 25. After careful consideration of the may continue to make sales at market- Power Marketers and Industrial Energy comments, the Commission rejects based rates. Second, APPA’s proposal to Users—Ohio and PJM Industrial commenters’ proposals to clarify the require reporting of changes that ‘‘could Customers Coalition (IEU—Ohio/ reporting requirement by including an affect the public utility’s eligibility for PJMICC) argue that the Commission illustrative list of triggering events or to [market-based rate] authority’’ appears should not rely on a laundry list of otherwise expand the list of triggering to be more subjective than our current transaction types 26 or an illustrative list events beyond those contained in the standard and could result in sellers of reporting triggers.27 NOPR. We reject this suggestion, first, reporting information that the 22. American Public Power because we believe that the definition of triggering events contained in the Commission would not consider Association (APPA) comments that the relevant. We believe that we have given reporting requirement should provide Commission regulations adopted here, offers market-based rate sellers sufficiently clear guidance regarding for the reporting of changes that ‘‘could triggering events to limit market-based affect the public utility’s eligibility for sufficient notice of and guidance concerning the scope of their reporting rate sellers’ discretion to avoid reporting [market-based rate] authority,’’ based on changes in status that would confer or current standards for authorization of requirement. The reporting requirement we adopt herein ensures that the enhance market power. market-based rates, rather than requiring 27. We agree with EEI that the reporting of only those events that Commission retains the discretion and flexibility to protect customers in light reporting obligation should extend only to changes in circumstances within the 20 of future, unforeseen changes in Barclays Bank PLC, DB Energy Trading, LLC, knowledge and control of the applicant. Aron & Company, Merrill Lynch Commodities, Inc., wholesale electricity markets that may Morgan Stanley Capital Group Inc. (Bank Power allow market-based rate sellers to Accordingly, an applicant should not be Marketers) at 13–14; FirstEnergy Service Company exercise market power. Consequently, required to report a change in (FirstEnergy) at 5. circumstances based on an action taken 21 Powerex Corporation (Powerex) at 5; Electric the Commission does not believe that commenters have provided sufficient by a competitor (such as a decision to Power Supply Association (EPSA) at 2. retire a generation unit or take 22 Cinergy at 6. 23 Calpine at 4–11; TAPS at 2 and 15. 28 APPA at 7. transmission capacity out of service) or 24 383 F.3d 1006 (9th Cir. 2004). 29 EEI at 10–11; Pacificorp at 7. natural events (such as hydro-year, 25 NRECA at 5. 30 TAPS at 2 and 15. higher wind generation or load 26 Bank Power Marketers at 14. 31 IEU—Ohio/PJMICC at 10–12. disruptions due to adverse weather 27 IEU—Ohio/PJMICC at 10–12. 32 SoCal Edison at 9–10. conditions). While we will not expand
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8257
the triggering events as proposed in the generation facilities; and (iv) intra- more of an understanding of what NOPR in this Final Rule, interested corporate reorganizations that do not transmission market power is and how persons can pursue these matters in the involve the acquisition of additional it might be abused.44 EEI, FirstEnergy, course of the generic rulemaking we assets and thus do not affect market and National Grid all argue that, since have established in Docket No. RM04– share or concentration.38 Cinergy argues any transfer of ownership or control of 7–000, which will address proposed that the reporting obligation should not transmission facilities would be covered modifications to the Commission’s apply to transactions that do not by a section 203 application, a separate current four-part test for granting increase ownership or control, reporting requirement in the context of market-based rate authority. specifically: (i) Intra-corporate market-based rate authority is transactions between affiliates within unnecessary and duplicative.45 National Exemptions one holding company system or Grid argues that such a reporting Comments transactions that are simply a change in requirement might discourage corporate form; (ii) purely financial transmission providers from transferring 28. Commenters suggest a number of transactions such as futures, swaps and their transmission facilities to events that should be exempted from derivatives that do not have a physical Independent Transmission Companies the reporting requirement. BP Energy component; and (iii) construction of (ITCs).46 Finally, National Grid Company (BP Energy), Cinergy, Duke new generation otherwise exempt under contends that construction activities Energy Corporation (Duke), EPSA, Commission regulations.39 Tucson undertaken pursuant to a Commission- FirstEnergy, and Edison Electric Electric Power Company (Tucson approved regional planning process Institute and Alliance of Energy Electric) urges the Commission to should not be reportable because Suppliers (EEI) contend that the exempt entities subject to oversight by additional transmission capacity reporting requirement should not apply an Independent Market Monitor (IMM) improves competition among to events covered by section 203 47 33 because the IMM will investigate and resources. applications. report to the Commission any Commission Conclusion 29. Bank Power Marketers and Westar anticompetitive behavior.40 Energy, Inc. (Westar) oppose the 32. Finally, Cinergy and Tractebel 34. In order to avoid unnecessary proposals contained in the NOPR on the urge the Commission to clarify that the duplication of effort, we clarify that a ground that the proposed reporting Commission is only concerned with market-based rate seller may incorporate requirement would be both excessive changes in status that may increase by reference in its notice of change in and duplicative, given that the market power, but not those that status any filings regarding the change Commission already receives the same decrease it, so, for example, the in status made pursuant to other information through existing reporting purchase of generation might trigger the reporting requirements. Furthermore, requirements, e.g., section 203 reporting requirement, but a sale should intra-corporate reorganizations that do applications, triennial updates, Electric not.41 Similarly, Calpine argues that a not otherwise have an impact on our Quarterly Reports (EQR), Form 3–Q, public utility’s decrease in generation four-part test and are not otherwise etc.34 capacity cannot increase its generation reportable need not be reported as a 30. EEI and PacifiCorp argue that market power over what the change in status. long-term contracts should not be Commission assumed when it granted 35. We reject commenters’ proposal to reportable.35 National Grid USA market-based rate authority, so it would exempt from the reporting requirement (National Grid) argues that market-based be a waste of resources to require such transactions that are subject to other rate sellers should not be required to reporting.42 reporting requirements, such as report long-term contracts that were 33. With respect to changes in dispositions of jurisdictional facilities entered into either to satisfy their ownership or control of transmission covered by section 203 applications and ‘‘provider of last resort’’ (POLR) facilities, EEI, FirstEnergy and National long-term contracts or affiliate obligations or through state-regulated Grid argue that, given the existence of transactions that are filed pursuant to competitive solicitation processes that the open access transmission tariff section 205. The Commission can best are consistent with the Commission’s (OATT) requirement, which constrains exercise its statutory duty to ensure just standards for inter-affiliate the exercise of vertical market power, and reasonable rates by imposing an transactions.36 National Grid and IEU— there should be no reporting enforceable post-approval reporting Ohio/PJMICC also support the requirement for changes in status requirement regarding changes in exemption of purchases from qualified regarding transmission facilities covered status.48 Appropriate market monitoring facilities mandated by the Public Utility by an OATT.43 National Grid urges the cannot be satisfied simply by ensuring Regulatory Policies Act of 1978 Commission to defer the establishment that public utilities are complying with (PURPA).37 of reporting requirements associated other provisions of the FPA. Moreover, 31. Duke suggests that the following with changes in transmission market as discussed below, the time and effort events should be exempt: (i) power status until it has developed, in required to prepare the notice of a Transactions outside market-based rate the context of Docket No. RM04–7–000, change in status—consisting of a sellers’ home or first-tier control area markets; (ii) affiliate transactions subject 38 Duke at 11–13. 44 National Grid at 6. See also EEI at 13–14 to other reporting requirements; (iii) 39 Cinergy at 12–17 (citing 18 CFR 35.27(a) (urging the Commission to consolidate the generic transactions involving post-1996 (2004)). market-based rate rulemaking in Docket No. RM04– 40 Tucson Electric at 3–4. 7–000 with the changes in status rulemaking in 41 Cinergy at 14–15; Tractebel at 6. Other Docket No. RM04–14–000). 33 BP Energy at 4–5; Cinergy at 16–17; Duke at commenters, in contrast, urge the Commission to 45 EEI at 7–8; FirstEnergy at 16–18; National Grid 11–12; EPSA at 8–9; EEI at 4–5; FirstEnergy at 17– treat the retirement or deactivation of generation as at 6–7. 18. a triggering event. See, e.g., California Electricity 46 National Grid at 8–9. 34 Bank Power Marketers at 6–12; Westar at 2–4. Oversight Board (California EOB) at 2; IEU—Ohio/ 47 National Grid at 10–11. 35 EEI at 4, 9–11; PacifiCorp at 5–7. PJM ICC at 12. 48 See, e.g., Elizabethtown Gas Co. v. FERC, 10 36 National Grid at 4–5. 42 Calpine at 4–5. F.3d 866, 870 (DC Cir. 1993) Louisiana Energy and 37 16 U.S.C. 1601 et seq. (2000); National Grid at 43 EEI at 7–8; FirstEnergy at 16–18; National Grid Power Authority v. FERC, 141 F.3d 365, 369–370 3–4; IEU—Ohio/PJMICC at 7. at 7. (DC Cir. 1998).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8258 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
transmittal sheet and a brief narrative the applicant owned pre-1996 broad and note, for example, that it statement—will be de minimis and will generation a change in status filing may could be interpreted to cover individual constitute a fraction of that required to be required since the Commission has power purchase transactions.55 These submit the section 203 application or stated that if an applicant sites commenters argue that the Commission section 205 filing. Furthermore, the generation in an area where it or its should narrowly define control by information required to comply with the affiliates own or control other identifying the specific decision-making reporting requirement would normally generation assets, the applicant must authority that the purchaser or reseller be collected by the market-based rate study whether its new capacity, when must have in order to constitute control. seller in the ordinary course of added to the existing capacity, raises PG&E argues that control should only preparing the underlying filing. generation market power concerns.52 cover cases where the purchaser has 36. We also reject Tucson Electric’s Finally, we note that the generic operational control of the resource, i.e., proposal to exempt transactions rulemaking in Docket No. RM04–7–000 the ability to determine when it is involving entities subject to oversight by will address whether the Commission available for operation, and should not an IMM. Consistent with our decision should retain the exemption for post- apply to an entity who has contracted not to allow an exemption from the 1996 generation in section 35.27 of the for the first right, or even the exclusive generation market power analysis for Commission’s regulations. right, to call or dispatch the resource sales into an ISO/RTO with 39. In response to Cinergy’s request, when it is needed.56 FirstEnergy Commission-approved market we clarify that purely financial contends that market-based rate sellers monitoring and mitigation, we will not transactions involving future swaps and should only be required to report long- exempt from the change in status derivatives that do not provide for term contracts that transfer to the reporting requirement entities subject to physical delivery are exempt from the purchaser or reseller the authority over oversight by an IMM. The Commission reporting requirement for the same dispatch of the unit and preclude the has an independent statutory duty to reason that such contracts need not be generation owner from dispatching the ensure that rates are just and reasonable, reported in Electric Quarterly Reports unit without the consent of the and we cannot delegate this (EQRs).53 purchaser or reseller.57 Similarly, Duke responsibility in these circumstances to 40. The Commission accepts the Energy Corporation (Duke) argues that an IMM. proposal submitted by Calpine, Cinergy the Commission should apply general 37. Commenters also propose to and Tractebel that a decrease in principles of agency as developed by exempt transactions outside the ownership or control due to Commission precedent, whereby the applicant’s home or first-tier control dispositions of generation, transmission Commission has found that a purchaser area markets and to exempt new or inputs to production should not be has control if it possesses construction. These commenters have reportable to the extent such transaction decisionmaking authority over key not presented any persuasive evidence decreases the applicant’s generation operations, such as decisions to commit that these transactions—to the extent market power as measured by the or de-commit a generator or to make or that they are covered by the indicative screens. not make sales.58 EPSA agrees that Commission regulations adopted herein 41. Finally, we reject National Grid’s control over an asset is a key and satisfy the materiality threshold set arguments that long-term contracts that consideration in a market power forth below—should be treated were entered into by a utility to satisfy analysis. However, EPSA states that the differently. its POLR obligations or pursuant to a use of the term ‘‘operational control’’ 38. As a general matter, we reject state-regulated competitive solicitation Duke’s suggestion that acquisitions of creates uncertainty and suggests that the process should be exempted from the Commission drop all references to post-1996 generation be exempt from reporting requirement. To the extent the reporting requirement. Section 35.27 ‘‘operational control’’ and replace it that an applicant acquires additional with ‘‘scheduling and dispatch control’’ merely adopts a rebuttable presumption capacity that impacts the Commission’s that post-1996 generation cannot or clarify that operational control refers analysis of one or more prongs of the to a contractual right to control the exercise market power,49 and the four-part test used in evaluating output of a plant.59 The Bank Power Commission considers post-1996 whether to grant market-based rate Marketers suggest that the factors generation in initial applications for and authority, a change in status filing is indicating control include definitive triennial reviews of market-based rate required. authority to: Require a plant to run or authority under appropriate to shut down; declare unscheduled circumstances.50 However, we clarify Control/Ownership outages; or establish output levels when that to the extent that the generation Comments running (i.e., to ramp-up or down).60 owned or controlled by an applicant [in the relevant market] and its affiliates is 42. Several commenters express 44. Calpine suggests that the test for post-1996, and the applicant or an support for the inclusion of ‘‘control’’ as control should be whether the purchaser affiliate acquires through purchase or a triggering event. In supporting the has the authority to make available to acquisition additional post-1996 inclusion of control as a triggering the market and withhold from the generation, no change in status filing is event, the California EOB argues that the market generation products associated required. The Commission has found concept of control should be used to 55 See, e.g., Powerex at 8. that in circumstances where expand the scope of the triggering requirements, not narrow them.54 56 PG&E at 9. construction of all of an applicant’s 57 43. Other commenters argue that the FirstEnergy at 11–12. generation commenced after July 9, 58 Duke at 3–7. Duke proposes that the analysis 1996, no interim generation market definition of control is vague and overly should thus focus on whether the arrangement power analysis need be performed.51 On shifts to a third party the economic decisionmaking 52 See e.g., LG&E Capital Trimble County LLC, 98 authority regarding such matters as whether to buy the other hand, in the above example, if FERC at 62,034–35. and sell power, what products should be offered 53 Revised Public Utility Reporting Requirements, and what market should be bid into, which parties 49 18 CFR 35.27 (2004) Order No. 2001–F, 106 FERC ¶ 61,060 at P 15 to transact with, or the prices and terms for service. 50 April 14 Order, 107 FERC ¶ 61,018 at P 116. (2004). 59 EPSA at 6–7. 51 July 8 Order, 108 FERC ¶ 61,026 at P 110. 54 California EOB at 3. 60 Bank Power Marketers at 14.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8259
with generation capacity.61 For rate sellers should only be required to screens.71 As the Commission’s example, Calpine submits that a tolling report changes in ownership that result guidelines for the assessment of mergers agreement should be reportable if it in a change in control. FirstEnergy states and its generation market power permits a public utility to operate a that the Commission has previously analysis for market-based rate authority plant that gives it the authority to recognized that certain passive owners provide, for the purposes of the market generate or not generate from that of generation assets do not have control power analysis, the capacity associated plant.62 Cinergy argues that control over such assets, and therefore do not with contracts that confer operational should be defined in a manner that is constitute regulated public utilities. control of a given facility to an entity more directly linked to standard According to FirstEnergy, even if a other than the owner must be assigned measures of market power as used by public utility acquires or increases its to the entity exercising control over that the Commission and the antitrust ownership interest in a generation or facility, rather than to the entity that is agencies, i.e., whether a new contractual transmission facility, it would not be the legal owner of the facility. We arrangement provides an applicant with appropriate to attribute the capacity in believe that the Commission has given the ability to economically or physically that facility to the utility, unless the adequate specificity as to what withhold from the market, or erect a utility had decisionmaking authority 63 constitutes control and the Commission barrier to entry. For the same reasons, over sales of electric energy from the will not, in this docket, further define or TAPS urges the Commission to require facility. FirstEnergy asserts that it is narrow the definition. Control of assets reporting of long-term maintenance essential that the Commission define is a concept that this industry has dealt agreements between market-based rate more precisely when a change in with for many years. The Commission is sellers or their affiliates that grant the ownership or control conveying the reluctant to provide a laundry list of entity providing the maintenance requisite decisionmaking authority is agreements that may or may not services the ability to decide when such deemed to have occurred. It notes that maintenance is performed. TAPS the Commission has previously ruled constitute control of an asset. It is not contends that, if the entity providing that a voting interest of 10 percent or possible to predict every contractual maintenance also operates facilities in more creates a rebuttable presumption agreement that could result in a change the same market (or has an affiliate that of control over a utility that is not an of control of an asset. However, to the does so), its decisions about when to EWG and that a voting interest of five extent parties wish to propose specific perform the maintenance (thereby percent or more is used in the case of definitions or clarifications to the possibly requiring an outage) could be a utility that is an EWG.68 FirstEnergy Commission’s historical definition of influenced by its (or its affiliate’s) sales submits that, as a practical matter, it is control, they may do so in the course of activities in the market.64 unlikely that a voting interest that is less the market-based rate rulemaking in 45. SoCal Edison requests that the than or equal to these thresholds, Docket No. RM04–7–000. Commission identify the duration of the without more, will convey 48. In response to SoCal Edison’s change in control necessary to trigger decisionmaking authority over sales of request that the Commission identify the reporting requirement. According to electric energy. FirstEnergy thus the duration of the change in control SoCal Edison, very short-term suggests that the Commission should necessary to trigger the reporting transactions may temporarily convey adopt a higher threshold of asset requirement, we clarify that long-term control over a resource, but it is ownership of at least 33.3 percent before contracts with a duration of a year or doubtful that requiring reporting of such a potentially reportable change in more must be reported, which is transactions 30 days after their control is deemed to have occurred.69 consistent with our treatment of long- conclusion will provide meaningful or FirstEnergy adds that even a 33.3 term contracts in the April 14 Order.72 useful information to the Commission. percent voting interest should not be SoCal Edison suggests that the deemed to have transferred Affiliation appropriate minimum duration would decisionmaking control if another entity Comments be at least a 32-day transaction (either individually or in conjunction involving change in control.65 SoCal with affiliated interests) owns a larger 49. Commenters also request Edison also argues that the Commission voting interest. clarification as to the scope of affiliate- should consider focusing primarily on related reporting requirements.73 BP net changes in control of uncommitted Commission Conclusion Energy states that, as proposed, the generation.66 47. We will adopt the inclusion of 46. BP Energy urges the Commission reporting obligation appears to attach to control as one of the factors that could affiliation with any entity not disclosed to clarify that the reporting requirement result in a change of status filing. We is limited to ownership or contractual in the original application that owns or have previously stated that ‘‘control’’ controls generation or transmission control equivalent to ownership, rather refers to arrangements, contractual or facilities or inputs to electric power than ‘‘influence’’, which is vague and otherwise, granting control of generation 67 production, or any entity with a subject to conflicting interpretations. or transmission facilities, just as franchised service territory. BP Energy FirstEnergy argues that market-based effectively as they could through requests clarification that the reporting ownership.70 In short, if an applicant 61 Calpine at 5. requirement does not require a public has control over certain capacity such 62 Calpine at 6–7. See also APPA at 19; TAPS at that the applicant can affect the ability utility with market-based rates to file a 19 (discussing tolling agreements). notice of a change in status if an 63 of the capacity to reach the relevant Cinergy at 7. affiliated generator identified in the 64 TAPS at 19–20. market, then that capacity should be 65 SoCal Edison at 4. attributed to the applicant when original application increases the 66 SoCal Edison at 6. performing the generation market power amount of generation it owns, so long as 67 BP Energy at 2, 5–6. BP Energy submits, for the public utility with market-based example, that if a public utility has a first call 68 option on the output of a given generator but no FirstEnergy at 11 (citing Morgan Stanley 71 control over the operation of that facility, the public Capital Group, Inc., 72 FERC ¶ 61,082 (1995)). July 8 Order, 108 FERC ¶ 61,026 at P 65. utility seller should not be subject to the reporting 69 FirstEnergy at 11. 72 April 14 Order, 107 FERC ¶ 61,018 at P 155. requirement. 70 Citizens Power, 48 FERC ¶ 61,210 at 61,777. 73 BP Energy at 2, 7–8.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8260 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
rates does not own or control the newly- submit that fuel supplies should not be 56. With respect to pipeline capacity, acquired generation.74 considered inputs to electric power EPSA argues that increased pipeline 50. Sempra Energy Global Enterprises production.76 capacity holdings should not be (Sempra) seeks a similar clarification 54. Cinergy argues against a reporting reportable because firm capacity is that, when updating information obligation for fuel supplies because, obtained through Commission- regarding activities of affiliates, a according to Cinergy, the Commission authorized programs and is posted on market-based rate seller is only required has found the markets for natural gas the pipeline’s bulletin board.80 to report new affiliations and would not and coal to be workably competitive. FirstEnergy, by contrast, argues that be required to report changes in status Cinergy asserts that information changes in status relating to ownership on behalf of other affiliates whose regarding fuel supplies is typically not or control of interstate natural gas existence has already been disclosed to required for the initial application for pipelines or local distribution the Commission. Sempra adds that a market-based rate authority and companies should be reportable because market-based rate seller should only be therefore should not be presumed to be control over natural gas supplies are the required to provide information that relevant to the question of continued principal input to electric power relates to a new affiliation in markets eligibility for market-based rate production may enable an entity with where the seller’s relevant operations or authority. Thus, in light of the lack of market-based rate authority to erect assets overlap with those of the new benefits to be obtained from the barriers to entry by competitors, affiliate.75 reporting of fuel supply arrangements, especially if the seller is a combination electricity/natural gas utility. Commission Conclusion Cinergy contends that reporting would be unduly burdensome. Cinergy also FirstEnergy asserts that the acquisition 51. With respect to BP Energy’s and contends that the only conceivable of other inputs, e.g., generation plant Sempra’s request for clarification, as relevance of fuel supplies in authorizing sites, construction or engineering noted above, the reporting requirement market-based rates is in demonstrating companies or fuel production resources, applies to changes in status relevant to 81 that no barriers to entry or vertical should not be reportable. the Commission’s current four-part market power concerns are present. To 57. Other commenters also argue that analysis for market-based rate authority. the extent that the Commission wishes the Commission’s inquiry should be To the extent that an affiliate to extend its consideration of barriers to focused on the potential for market- experiences a change in status, such entry to fuel supplies, Cinergy argues based rate sellers to erect barriers to change in status must be reported to the that the appropriate context to do so is entry. Bank Power Marketers argue that extent that it impacts the factors the not in the current rulemaking, but rather the Commission should issue a Commission relied upon in evaluating in the generic rulemaking proceeding in supplementary NOPR to provide the four-part test as it applies to the Docket No. RM04–7–000.77 additional guidance on what level of applicant and granting the applicant ownership or control of inputs to market-based rate authority. To avoid 55. APPA, Calpine, the National electric power production is any unnecessary duplication, we clarify Association of State Utility Consumer ‘‘significant’’ enough to warrant that the various affiliates within a Advocates (NASUCA) and TAPS, disclosure and submits that, in order to corporate family may submit a single however, support the inclusion of fuel be ‘‘significant’’, the acquisition of an notice for the corporate family as a supplies within the list of triggers for input must be of the type that gives the whole for each reportable change in reporting changes in status. NASUCA acquirer vertical market power; status that occurs listing all affiliated states that electric utilities, power otherwise, such acquisitions should not brokers, and other sellers of energy at companies holding market-based rate be reportable.82 Similarly, Sempra market-based rates can acquire authority in such notice. argues that the Commission has never substantial control over natural gas clearly defined the scope of what Inputs to Electric Power Production supplies or other sources of fuel for constitutes ‘‘inputs to electric power generating units and effectively 52. We noted in the NOPR that the production’’ and that it should either be dominate the fuel supplies in the Commission’s general practice has been deleted or, alternatively, the markets in which they also sell to require notifications of changes in Commission should implement a electricity. According to NASUCA, status when the market-based rate ‘‘timeout’’ with regard to enforcement of including fuel supplies within the applicant obtained ownership of new the reporting requirement for such category of changes that warrant a inputs to electric power production, inputs until it has completed its reporting requirement properly reflects other than fuel supplies. However, since consideration of the barriers to entry the convergence of the electricity and the Commission is interested in being prong of its market-based rate analysis natural gas industries and the potential informed of significant acquisitions of in the Docket No. RM04–7–000 for exercising market power that can ownership or control of any inputs to proceeding.83 BP Energy contends that result from the acquisition of critical electric power production, we proposed the disclosures should be limited to supplies of fuel.78 to require a reporting obligation to this Calpine similarly only the information necessary to effect and sought comments on this asserts that the ability to control the identify the type and the source of transportation of inputs such as fuel proposal. potential barriers to entry.84 BP Energy may be just as important as controlling states that the Commission should Comments the input itself.79 identify specifically what the relevant 53. A number of commenters request ‘‘inputs to electric power production’’ clarification of the term ‘‘inputs to 76 APPA at 15; EPSA at 4; Powerex at 9; TAPS are, and it should state clarify whether electric power production’’ and urge the at 15. 77 Cinergy at 8–10. Commission to define this term to 80 78 NASUCA at 9–10. Powerex at 9 and EPSA, 4. include or exclude certain inputs. 81 79 Calpine at 8–9. See also at 15; TAPS at 15. FirstEnergy at 19–21. APPA, EPSA, Powerex and TAPS 82 APPA and TAPS argue that affiliation or control Bank Power Marketers at 14–16. over companies that produce or deliver fuel and 83 Sempra at 4–6. 74 BP Energy at 7–8 and Sempra 10–11. long-term contracts for fuel transportation or storage 84 BP Energy at 8–9 (citing Vermont Electric 75 Sempra at 10–11. should be reportable. Coop., 108 FERC ¶ 61,223, at P 12 (2004).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8261
such inputs include items other than may be susceptible to different based rate seller’s uncommitted those specified in previous orders, i.e., interpretations among market-based rate generation capacity.92 ownership or control of new generation sellers concerning the scope of their 62. BP Energy and EPSA both contend sites, fuel supplies (natural gas, oil or reporting requirement. Accordingly, we that the materiality threshold should coal), transportation of fuel supplies or sought public comment as to whether take into account the increase in the whether the affiliate is a supplier of and how this language should be market-based rate seller’s market share electric equipment.85 Duke argues that modified to ensure that the types of and its impact on the relevant an arrangement regarding inputs to changes in status that could impact the geographic market, as well as the electric power production should only continued basis of a grant of market- absolute amount of the increase in be reportable if it conveys to the market- based rate authority are identified and generation capacity. EPSA suggests that based rate seller the decisional control timely reported to the Commission. For the materiality threshold should be in sufficient to enable it to erect barriers to example, we asked whether there the range of 250–500 MW or one to two entry. Under this approach, Duke should be a threshold level of increases percent of the installed capacity in a contends that natural gas, oil or coal in generation (such as through market area.93 BP Energy proposes a transportation or storage contracts and acquisition, self-build, long-term power materiality threshold for ownership or fuel purchase contracts should not be purchases, re-powering) that would control of generation that would be the reportable.86 trigger the reporting requirement. If so, greater of a net positive change of 300 MW or one to two percent of the Commission Conclusion we asked what amount of increase in generation should trigger the reporting installed capacity in the relevant market 58. As we stated in the NOPR, the requirement. (determined by ISO/RTO or NERC Commission’s general practice has been region or control area).94 ELCON to require notification of changes in Comments proposes that the final rule should status when the market-based rate include a materiality threshold for large, applicant obtained ownership of new 61. Several commenters suggest end-use corporations for changes in inputs to electric power production, specific materiality thresholds by generation at its production sites, e.g., a other than fuel supplies. However, we designating a particular amount or 300 MW increase in generation, or proposed in the NOPR to include fuel percentage of increase in generation alternatively, an increase in generation supplies as an input to electric power capacity as the trigger for the reporting equal to one or two percent of installed production and sought comments on requirement, while others urge the capacity in a region market; to the this proposal. After careful Commission to clearly define the extent that the increase in generation is consideration of the comments, threshold without suggesting a 87 less than this threshold, the 30-day including the arguments raised by particular amount. For example, reporting requirement should be commenters that this issue in any event APPA, TAPS, and Tractebel suggest a 95 88 waived. is more appropriately raised in the threshold of 100 MW. APPA and 63. SoCal Edison argues that EEI’s proceeding in Docket No. RM04–7–000 TAPS further suggest that acquisitions proposal should be modified to provide as part of the Commission’s of 100 MW or more should be promptly that only the 10 percent threshold for consideration of the barriers to entry reported with all capacity changes increases in generation capacity should prong of the market-based rate analysis, (increases or decreases) identified as apply for load-serving entities because we have decided not to make any part of the market-based rate sellers’ such entities may add 250 MW or more changes to our precedent at this time as Order No. 2001 quarterly transactions in the normal course of business—in 89 to what constitutes an input to electric reports. Powerex argues that the order to meet resource adequacy power production, including expanding materiality threshold should be no less requirements or in response to normal the definition to include fuel supplies. than a 250 MW change increase in the load growth—without effecting any As a result, the regulations we adopt in ownership or control of generation material change in its ability to exercise this rule will require the reporting of capacity from the last triennial review market power.96 SoCal Edison proposes 90 ownership or control of inputs to or the last notice of a change in status. that the materiality threshold for a electrical power production, other than EEI, supported by Xcel, proposes that change in status other than an increase fuel supplies. Nevertheless, we will the reporting threshold should be an in generation capacity should be a net provide interested persons an increase in net excess generation increase of 10 percent from the data that opportunity to propose modifications to capacity (i.e., an increase in the the Commission relied upon in granting this approach in the course of the applicant’s generation capacity above its market-based rate authority.97 generic rulemaking proceeding in forecasted native load growth 64. Cinergy proposes that a Docket No. RM04–7–000. requirements, reliability requirements transaction should not be considered 59. Further, we clarify that an and contractual obligations) that is material if, first, it involves the arrangement regarding inputs to electric equal to the greater of: (i) 250 MW, (ii) acquisition of generation that is not in power production, other than fuel 10 percent of installed nameplate the same relevant geographic market as supplies, is reportable to the extent that generation capacity, or (iii) five percent the applicant’s existing generation. the factors the Commission relied on in of the capacity in the control area Alternatively, a transaction would not evaluating the four-part market-based market.91 FirstEnergy suggests that an be material if: (i) It increases the rate test as it applies to the applicant increase in generation capacity should applicant’s generation in the relevant change. trigger the reporting requirement if it geographic market by two percent or exceeds the greater of either 250 MW or less; (ii) the applicant’s existing Materiality Threshold a 10 percent increase in the market- 60. We recognized in the NOPR that 92 FirstEnergy at 22–23. the language in the proposed regulations 87 NRECA at 5; Sempra at 9–10. 93 EPSA at 7. 88 APPA at 2; TAPS at 2; Tractebel at 7. 94 BP Energy at 5. 85 BP Energy at 8–9 (citing Vermont Electric 89 APPA at 2 and 17, TAPS at 2. 95 ELCON at 3–4. Coop., 108 FERF ¶ 61,223, at p 12 (2004)). 90 Powerex at 5. 96 SoCal Edison at 8–9. 86 Duke at 5. 91 EEI at 6–7. 97 SoCal Edison at 2–3.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8262 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
generation in the market is low (e.g., report—additional information about market. However, to the extent an less than 1000 MW), and the increase is the transactions that caused the applicant has historical wholesale sales less than 10 percent of the total market; increase. PG&E contends that this and transmission data it believes is or (iii) the acquired generation is in an proposal, if adopted would ensure that relevant, the Commission encourages RTO that has restructured its market.98 the Commission received targeted the inclusion of such data in the 65. PacifiCorp urges the Commission information, while reducing the burden applicant’s submittal, and the to permit market-based rate sellers to on both utilities and the Commission.102 Commission will consider such data in rely on forecasts of load growth in its analysis. determining whether an acquisition of Commission Conclusion new generation resources constitutes a 68. After careful consideration of the Transmission Outages material change in the conditions in the comments received, the Commission 71. In the NOPR, the Commission also market.99 According to Pacificorp, a has concluded that small increases in asked whether the applicant should utility should be required to report a generation of less than 100 MW need have a reporting requirement if portions material change only when it increases not be immediately reported. However, of the applicant’s transmission system its net generating capacity by acquiring market-based rate sellers must report as are taken out of service for a significant additional resources in excess of its a change in status each cumulative period of time (thus potentially affecting forecasts for native load growth. Avista increase in generation of 100 MW or the scope of the relevant geographic Corporation (Avista) suggests that, for a more that has occurred since the most market). If so, we sought comments on utility the size of Avista, the threshold recent notice of a change in status filed what criteria should trigger this level of increase in generation before by that seller, (i.e. multiple increases in reporting requirement. triggering the reporting requirement generation that individually do not Comments should be not less than 10 percent of the exceed the 100 MW threshold must all utility’s retail and wholesale peak load be reported once the aggregate amount 72. A number of commenters support obligations.100 of such increases reaches 100 MW or the extension of the reporting 66. NASUCA opposes the more). The Commission’s market power requirement to cover transmission establishment of a materiality threshold analysis, which is performed at the time outages and propose specific thresholds for reporting a change in status, but of an initial application and every three for triggering the reporting requirement. suggests instead that the Commission years thereafter, considers all relevant The California Public Utilities could exempt from the rule changes in generation capacity to assess whether a Commission (California Commission) status that do not stem from changes in seller lacks, or has adequately mitigated, states that the Commission should ownership or control of generation, fuel, generation market power. In light of require reporting (and provide transmission or power supply assets these periodic reports, we believe that a guidelines regarding when such such as a change in corporate name minimum reporting threshold for reporting is required) when a unrelated to a merger or acquisition.101 generation increases during the interim transmission facility remains congested According to NASUCA, establishing period is appropriate. We believe that over a specified period of time such that triggers for determining when reporting this approach strikes the proper balance market power could result.103 Powerex of a change in status is necessary may between the Commission’s duty to supports the imposition of a reporting lead to under-reporting due to varying ensure that market-based rates are just requirement for transmission outages interpretations of what types of assets and reasonable and the Commission’s that last for a significant period of time, should be considered. NASUCA asserts desire not to impose an undue but requests that the Commission clarify that requiring all changes, however regulatory burden on market-based rate that the reporting requirement applies small, to be reported will permit sellers. only to the market-based rate seller that Commission review and ensure that a 69. Finally, we believe that the owns or controls the transmission change in status will not allow a seller definition of control (i.e., arrangements, facilities suffering an outage and not to with market-based rate authority to contractual or otherwise, that grant to a its affiliates.104 Powerex notes that, in exercise market power. purchaser or reseller or to another third any case, information on transmission 67. PG&E, as discussed above, party who is not the legal owner of the outages typically is otherwise available opposes the imposition of a uniform facilities in question operational control on the transmission owner’s Open reporting requirement that imposes over the facility) that we discuss earlier Access Same-Time Information System identical reporting obligations on energy in this order already contains within it (OASIS).105 Calpine submits that the marketers and traditional utilities. PG&E a materiality threshold. Changes in transmission providers’ reporting urges the Commission to establish, for status that do not comprise control (and requirement should cover instances traditional utilities, a threshold for an that do not otherwise trigger the where a transmission outage that lasts increase in wholesale sales or revenues reporting requirement) need not be 10 days or more results in a decrease of from wholesale sales that the reported. 10 percent or more in the amount of Commission concludes is statistically 70. Likewise, we reject PG&E’s total transmission capacity on relevant or has the potential to influence proposal to treat traditional utilities in transmission facilities operated by the the overall market. Under PG&E’s this regard differently than other transmission provider within the proposal, if a traditional utility’s market-based rate applicants. PG&E’s control area in which the public utility quarterly report shows an increase in suggestion that the Commission link the owns or controls generating capacity, or wholesale sales or revenues from change in status reporting requirement in facilities connecting to an adjacent wholesale sales that exceeded this to increases in wholesale sales or control area.106 APPA and TAPS threshold, the utility would be obligated revenues is inconsistent with the propose that transmission providers be to provide—in the same quarterly market-based rate four-part test which required to report all non-public, evaluates, among other things, whether 98 Cinergy at 20. an applicant is a pivotal supplier and 103 California Commission at 3; Powerex at 6. 99 PacifiCorp at 4. the applicant’s size in relation to the 104 Powerex at 6. 100 Avista at 1–2. 105 Powerex at 6. 101 NASUCA at 12. 102 PG&E at 10–11. 106 Calpine at 10.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8263
extended transmission outages to the Docket No. RM04–7–000 in which we specific types of arrangements that the Commission’s Office of Market are addressing, among other things, Commission expects to be reported to Oversight and Investigation for issues associated with transmission provide clarity to power sellers.117 monitoring and to publicly report market power. 78. BP Energy, however, questions extended outages of certain designated 107 Other Reportable Arrangements whether brokering agreements can be critical facilities. NASUCA contends subjected to the reporting requirement. that all entities with market-based rate 76. Beyond ownership or control of BP Energy asserts that it is not presently authority affected by an extended outage generation or transmission facilities or clear whether brokering activities and should be required to report such inputs to electric power production and agreements are subject to the outages regardless of whether they own affiliation with any entity not disclosed 108 in the filing that owns or controls Commission’s jurisdiction under the the affected transmission assets. 118 73. Certain investor-owned utilities generation or transmission facilities or FPA. BP Energy requests that, if the such as FirstEnergy and Xcel oppose a inputs to electric power production or Commission intends to require reporting reporting requirement for transmission affiliation with any entity that has a of brokering agreements, the outages, arguing that it is unnecessary franchised service area, we sought Commission should identify the basis because such outages are reported on a comment as to whether there are other and scope of its claimed jurisdiction. transmission provider’s OASIS.109 arrangements, contractual or otherwise, Tractebel also questions the National Grid argues that transmission that should be promptly reported to the Commission’s jurisdiction over such outages should not be reportable where Commission. For example, we posed the arrangements and argues that brokering such outages are administered by following questions: arrangements should not be reportable, • independent entities such as an ISO or What types of arrangements, given that information on such an RTO.110 contractual or otherwise, do market- arrangements need not be reported as 74. Other investor-owned utilities based rate sellers enter into that could part of an application for market-based such as Avista and Cinergy support the cause a need for the Commission to rate authority or a triennial review.119 reporting requirement for major revisit the continuing basis of the grant 79. Cinergy, EEI and Sempra argue transmission outages that last longer of market-based rate authority for such that the Commission’s suggestion to than one year.111 Duke also agrees that sellers? require reporting of specific types of • What threshold of materiality, if transmission outages should be contracts would elevate the form of the any, of such arrangements should be reportable provided that they are agreement over the substance. Cinergy met before such arrangements need be expected to last 6 months or more and opposes the Commission’s proposal in that they reduce available transmission reported to the Commission? • Should marketing alliances, the NOPR regarding other reportable capacity on the path or flowgate in arrangements, which it characterizes as question by 20 percent of the posted brokering arrangements, tolling agreements or other sales-oriented a ‘‘label-based’’ approach, because there total transmission capability of that is little standardization or uniformity in 112 arrangements be reported? path. Cinergy further suggests that, the industry as to the content of such for transmission outages that occur Comments agreements. Cinergy urges the within an RTO-operated market, the 77. APPA, NASUCA and TAPS Commission to instead focus on the filing of the change in status should be support the imposition of the reporting attributes of the agreement in question, made by the RTO, in consultation with i.e., what degree of control over 113 requirement for such sales-oriented the transmission owner. arrangements and request that the generation or transmission it Commission Conclusion Commission consider subjecting a wider conveys.120 EEI similarly argues that the range of arrangements to the reporting 75. After careful consideration of the reporting requirement should be limited requirement.114 NASUCA recommends comments, we are not prepared at this to those arrangements in which the that financial transactions including, time to require the reporting of seller acquires control over generation but not limited to, the above types of transmission outages per se as a change or transmission facilities, franchised sales-oriented arrangements should be in status. However, to the extent a distribution service facilities or covered by the reporting obligation, transmission outage affects one or more production inputs exceeding the because such transactions provide the of the factors of the four-part market- thresholds established by the same type of control over power sales as 121 based rate test (e.g., if it reduces imports Commission. ownership of physical assets would.115 of capacity by competitors that, if 80. Sempra opposes as unnecessary TAPS recommends that the Commission reflected in the generation market power the proposal in the NOPR to require consider long-term maintenance screens, would change the results of the reporting of specific types of contracts, agreements that grant a market-based screens from a ‘‘pass’’ to a ‘‘fail’’), a arguing that the Commission’s existing rate seller the ability to decide when change of status filing would be requirement that a notice of a change in such maintenance is performed because, required. Because such instances would status must be filed when an applicant occur on a company-specific basis, a if the entity providing maintenance also operates facilities in the same market or acquires, or gains control of, additional minimum threshold (e.g., 10 percent generation or transmission assets reduction in capacity) is not workable. has an affiliate that does so, its decisions about when to perform the already captures a transaction like that We will consider this matter further in described in the El Paso Electric Power the context of the generic rulemaking in maintenance (thereby possibly requiring an outage) could be influenced by its or 117 APPA at 18; Powerex at 7; TAPS at 19. 107 APPA at 2; TAPS at 14. its affiliate’s sales activities in the 116 118 BP Energy at 6–7 (citing, e.g., Energy East 108 market. APPA, Powerex, and TAPS NASUCA p10. South Glen Falls, 86 FERC ¶ 61,254, at 61,915 109 Xcel at 7–8 and FirstEnergy at 23–24. support an approach of listing the (1999); Citizens Energy Corp., 35 FERC ¶ 61,198 110 National Grid at 10. (1986); APX, Inc., 82 FERC ¶ 61,287 (1998)). 111 Avista at 3; Cinergy at 17–18. 114 TAPS at 19; APPA at 18. 119 Tractebel at 5. 112 Duke at 8. 115 NASUCA at 11. 120 Cinergy at 10–11. 113 Cinergy at 18. 116 TAPS at 19. 121 EEI at 13.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8264 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
Co. case.122 Sempra further argues that and conditions of the contract or approach to protecting customers from to require market-based rate sellers to arrangement convey ownership or the exercise of market power, while at file updates for a broad, ill-defined list control of the generation, transmission the same time minimizing the costs and of commercial arrangements would or other inputs to electric power uncertainty associated with a change in unfairly place the burden on the market- production. Nevertheless, we believe status, and that a short transmittal letter based rate seller to guess which that providing a non-exclusive, would accomplish that goal.128 commercial relationships to report, in illustrative list of other reportable 86. BP Energy, Calpine, and Powerex violation of the Commission’s decision arrangements will assist market-based argue that the report should consist of in Morgan Stanley Capital Group, Inc., rate sellers in complying with their a narrative only and should not include where the Commission concluded that reporting obligations. Therefore, we an updated market analysis such as that entities with market-based rate authority clarify that agreements that relate to which is required by the triennial no longer needed to report ‘‘business operation (including scheduling and review.129 Similarly, SoCal Edison and financial arrangements between dispatch), maintenance, fuel supply, supports the timely provision of a power marketers and their customers risk management, and marketing that narrative that includes germane and transmission providers.123 transfer the control of jurisdictional information, including a recitation of 81. APPA, Powerex, and TAPS, on the assets are subject to the change in status the key dimensions of the transaction, other hand, support an approach of reporting requirement. These types of but opposes a requirement to make an listing the specific types of arrangements have been referred to as extensive showing to justify retention of arrangements that it expects to be energy management agreements, asset market-based rate authority.130 reported because this approach provides management agreements, tolling 87. With respect to contractual clarity to sellers.124 For example, APPA agreements, and scheduling and arrangements, the United States and TAPS argue that these arrangements dispatching agreements. Department of Justice (DOJ) opposes a should be reported because they may reporting requirement that might call for provide a market-based rate seller with Form and Content of Reports a full-blown competitive analysis for the means to determine whether 84. With respect to the form and every reportable transaction and instead capacity is offered into a market or content of change in status reports, the suggests that market-based rate sellers whether a competitor can or will enter NOPR proposed that the market-based simply file a copy of the contract a market and may create opportunities rate seller be required to submit a concerned along with a summary of its for sellers to coordinate their behavior transmittal letter including a description key attributes that have an effect on the with other competitors. APPA and of the change in status and a narrative parties’ incentive or ability to exercise TAPS further emphasize that tolling explaining whether (and, if so, how) this market power.131 DOJ also suggests that agreements should be reported because change in status reflects a departure Commission limit the obligation of they allow a fuel supplier to control the from the characteristics relied upon by applicants to disclose confidential, plants’ production of energy for sale, the Commission in originally granting ‘‘business sensitive’’ information, which thus affecting market outcomes, even if the seller market-based rate authority, in may discourage utilities from entering the fuel supplier does not operate the particular, whether the change in status into otherwise efficient agreements, and plant.125 affects the results of any of the prongs customer-specific transaction data, which may reduce competition by Commission Conclusion of the four-part test that the Commission uses to determine whether a public facilitating collusion among competitors 82. Based on our review of the utility qualifies for market-based rate in oligopolistic markets.132 comments received, we find that authority. If the market-based rate seller 88. Cinergy proposes that the contracts or arrangements that convey believes that a change in status does not Commission adopt a two-tiered ownership or control over generation, affect the continuing basis of the approach to reporting, depending on transmission or other inputs to electric Commission’s grant of market-based rate whether the event to be reported is power production, other than fuel authority, we proposed that it should material or not. In cases where an supplies, should be reported as a change clearly state the reasons on which it applicant concludes in good faith that in status. This is consistent with the bases this conclusion. the change is non-material, the four-part test the Commission relies applicant would submit a short letter upon in determining whether to grant Comments describing the event and briefly market-based rate authority. 85. BP Energy, California EOB, informing the Commission why the Specifically, the April 14 Order requires Calpine, EPSA, and Powerex agree that applicant believes the event is non- an applicant to include in its analysis market-based rate sellers should provide material. For material changes in status, all capacity owned or controlled by the a narrative explaining the manner in applicant or its affiliates.126 which changes in status reflect a 128 EPSA at 7. 83. We agree in principle with the departure from the characteristics relied 129 BP Energy at 9–10; Calpine at 11; Powerex at comments submitted by Cinergy, EEI upon for market-based rate 9. 130 and Sempra, which stated that the label authorization.127 EPSA submits that a SoCal Edison at 4–6. placed on a specific contract does not 131 DOJ at 11–12. DOJ asserts that the most short transmittal letter explaining the important data are the names of the parties to the determine whether it constitutes a transaction should suffice to put the contract, the location of the generating assets under reportable change in status. Instead, it is parties and the Commission on notice of contract, and the location of any other generating the manner in which the specific terms any possible change in status. assets owned or otherwise controlled by either counterparty, which would allow the Commission According to EPSA, requiring more of to quickly determine whether there is any 122 Sempra at 6–7 (citing 108 FERC ¶ 61,071 applicants would be administratively geographic overlap among generating assets (2004), reh’g pending). burdensome, costly and unnecessary. controlled by the parties. Other pertinent 123 Id. at 8 (citing 72 FERC ¶ 61,082 at 61,435 EPSA contends that that Commission’s information includes information regarding any (1995). ownership interests parties have in common, the 124 APPA at 18; Powerex at 7; TAPS at 19. goal should be to adopt a cost-effective compensation scheme established between them, 125 APPA at 18–19; TAPS at 19. and agreement execution and start dates. DOJ at 8– 126 April 14 Order, 107 FERC ¶ 61,018 at P 95, 127 California EOB at 4; BP Energy at 10; Calpine 9. 100. at 11; Powerex at 9; EPSA at 7. 132 DOJ at 313.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8265
the applicant would describe with is superfluous: the only changes in analysis. This is consistent with our greater particularity the basis for a status for which a report may be approach to new applications for continued grant of market-based rate required are changes in status that market-based rate authority, where it is authority, including an updated market reflect a departure from the the applicant’s responsibility to analysis where appropriate.133 characteristics that the Commission determine what to report and the degree 89. NRECA urges the Commission to relied upon in granting market-based of support and analysis to include. minimize the reporting requirement for rate authority; however, if a change in 95. Further, we will not require smaller market participants. NRECA status does not affect the relevant entities affected by a change in status to suggests that the Commission could do characteristics, no report is required. automatically file an updated market so by including in the final rule a FirstEnergy further contends that the analysis, such as that required by the provision for waiver of the reporting narrative requirement unreasonably triennial review. However, an entity requirement for small market imposes on each seller an affirmative may provide such an analysis if it participants that can show that the obligation to justify the continuation of chooses. The Commission reserves the likelihood that the changes in status in their market-based rate authority every right to require additional information, question could affect the time it engages in a transaction that including an updated market power competitiveness of those markets is de constitutes a reportable change in status, analysis, if necessary to determine the minimis. Alternatively, the Commission which would be costly and time- effect of an entity’s change in status on could clarify that the report for small consuming. FirstEnergy also argues that its market-based rate authority. there is no reason to believe that market participants may be as simple as Inclusion of Reporting Requirement in generation suppliers are uniquely a two-sentence letter describing the Market-Based Rate Tariffs change and averring that they have not situated to provide the kind of acquired market power as a result.134 information that the Commission may 96. In addition to including this 90. Some commenters contend that need to evaluate whether a change in reporting requirement in the the change in status report should status might affect the continuation of a Commission’s regulations, we proposed include some form of market power supplier’s market-based rate authority, that this reporting requirement be analysis. NASUCA contends that the e.g., information concerning the size of incorporated into the market-based rate report should include a revised triennial the market or the availability of tariff of each entity that is currently rate review filing and an updated transmission import capacity into the authorized to make sales at market- market power analysis.135 Powerex and market, which is equally available to the based rates, as well as that of all future EPSA urge the Commission to supplier and its competitors. applicants. Market-based rate sellers affirmatively state that market FirstEnergy therefore suggests that, in would be required to submit a participants may submit, in addition to the absence of a demonstration that conforming provision to their market- the narrative explanation, the summary legitimate concerns exist, the supplier based rate tariffs at the time that they pages of their original pivotal supplier should not be required to spend the file any amendment to their tariffs or (if and market share analyses, modified to time and resources that may be required earlier) when they apply for continued reflect the changed circumstances.136 to defend the continuation of its market- authorization to sell at market-based 91. Finally, EEI and FirstEnergy argue based rate authority between its rates (e.g., in their three-year updated that even the submission of a narrative triennial market power updates.138 market power analysis). However, the Commission proposed that the only would be unduly burdensome and Commission Conclusion superfluous. According to EEI, a obligation to report be effective at the narrative filing requirement would be 93. We will adopt the proposal in the time that the Final Rule becomes problematic because market-based rate NOPR that the market-based rate seller effective. submit a transmittal letter, including a sellers would not always know the Comments complete scope and nature of the description of the change in status and characteristics relied upon by the a narrative explaining whether (and, if 97. Most commenters support the Commission or any changes in the so, how) this change in status reflects a inclusion of the reporting requirement ownership or control of other market departure from the characteristics relied into the market-based rate tariff of each participants in the market area and upon by the Commission in originally seller. No substantive opposition was because the Commission has not yet granting the seller market-based rate expressed by commenters. adopted final generation market power authority. 94. After careful consideration of the Commission Conclusion screens or articulated the screens and comments received, we will not specify 98. We will adopt the proposal in the tests for the remaining three prongs. EEI a uniform length for the narrative that NOPR and require that the reporting proposes that, instead, market-based an entity must file to explain whether a requirement be incorporated in the rate sellers should be required to given change in its status reflects a market-based rate tariffs of each entity provide the Commission only with a departure from the characteristics relied that is currently authorized to make description of the transaction and that upon by the Commission for the original sales at market-based rates, as well as such sellers should only be required to and continued grant of market-based that of all future applicants. Market- examine the implications of a change in rate authority. The nature of the change based rate sellers will be required to status (as a supplement to the notice of that triggers the reporting requirement include the reporting requirement in a change in status) if the Commission or will necessarily determine the length their market-based rate tariffs either at a market participant raises a concern.137 the time that they file any amendment 92. FirstEnergy objects to the narrative and quality of the narrative, as well as to their tariffs, when they report a requirement, first, on the ground that it whether additional documents and analysis is needed. It is incumbent upon change in status under this Final Rule, 133 Cinergy at 19. the applicant to decide whether the or when they file their three-year 134 NRECA at 3–5. change in status is a material change updated market power analysis, 135 NASUCA at 13. and to provide adequate support and whichever occurs first. However, 136 Powerex at 9; EPSA at 9. regardless of the date on which the 137 EEI at 14–15. 138 FirstEnergy at 12–15. seller amends its market-based rate tariff
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8266 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
to include the reporting requirement, rate authority actually occur, to the applicant needs to prepare its filing such reporting requirement will be maximum extent possible.142 Similarly, against our need for timely information considered part of the seller’s market- NASUCA urges the Commission to regarding changes in status that may based rate tariff as of 30 days after the require that the report be submitted no affect prices and markets. The date of publication of this Final Rule in later than the effective date of the Commission finds the 30-day time the Federal Register. change in status.143 In contrast, Avista period an appropriate one in which to argues that the time period for reporting receive information about a change in Reporting Period/Timing should not begin to run until after the status so as to enable the Commission to 99. With respect to the procedures for date of commercial operation and/or effectively carry out our statutory reporting a change in status, we control over the asset is reached.144 responsibility to oversee competitive proposed in the NOPR that such Tractebel requests the Commission to conditions in wholesale electricity notifications be filed no later than 30 consider pre-authorizing certain markets. For this reason, we are not days after the occurrence of the changes in status, as it does, for example persuaded by the suggestion that we triggering event. We sought comment as in the context of changes in status require entities to file changes in status to whether this proposed time period is regarding qualifying facilities under concurrently with their EQRs. As appropriate. PURPA.145 discussed above, quarterly reporting 103. Other commenters, however, Comments would not provide the Commission with argue that the 30-day period is too short. information on market developments in 100. Calpine and NRECA support the EPSA, Xcel, and Powerex propose that a sufficiently timely manner to perform proposed 30-day reporting period.139 change in status reports should be our statutory duties. Furthermore, Calpine urges the Commission to clarify submitted on a quarterly basis, for contrary to the suggestions of some the event that marks the change in example, concurrently with EQRs or commenters, combining the change in status and starts the 30-day clock Form 3–Qs.146 Duke suggests that the status reporting requirement with other running. Calpine proposes that it should reporting period should be extended to reporting requirements, e.g., EQRs, be based on the legal effective date of six months,147 while Avista would not create any efficiencies or the triggering event. For an increase in recommends a period of 60 days after reduce the burden on either the ownership or control of generation initial delivery under a long-term Commission or market-based rate capacity, Calpine states that this would contract begins.148 sellers. In particular, the Commission be the date that the public utility legally 104. Calpine and EPSA request has developed a specific electronic assumes ownership or control over the clarification of the procedures for filing format for reporting transactions in asset. For a self-build or repowering and responding to change in status EQRs 151 that would not accommodate event, it could be the date of reports to avoid uncertainty. EPSA the range of events that constitute commercial operation.140 NRECA rejects proposes that such clarification should changes in status. arguments that the 30-day reporting occur in a supplemental NOPR whereby 106. We clarify that reports of changes period is burdensome, noting that the comments in this NOPR and in the in status must be filed no later than 30 events constituting a change in status supplemental NOPR can be considered days after the legal or effective date of such as the acquisition or disposition of by the Commission. Further, EPSA the change in status, including a change generation assets, require advance suggests that this reporting requirement in ownership or control, whichever is planning in excess of 30 days and that be an interim requirement pending final earlier. Parties are free to file reports of the reporting requirement can be built issuance of a comprehensive market- prospective changes, but that filing must into the planning process for such based rate authority framework in contain the same information it would transactions. Docket No. RM04–7–000 or another if it had filed after the change in status. 101. ELCON asks the Commission to comprehensive proceeding.149 Calpine We note that when performing the modify the 30-day reporting requests clarification of whether the Commission’s generation market power requirement to reduce the potential reports should be filed in the same screens, applicants are prohibited from burden on entities that cannot exercise docket that originally granted market making forward-looking adjustments. market power such as large industrial based-rate authority, whether the 107. In response to a request for users that own and operate a growing reports would be publicly noticed, and additional information about the amount of behind-the-meter customer whether the Commission intends to processing of these reports, we clarify generation. ELCON suggests that, first, respond to the reports if they raise no that the report should be filed in the the final rule keep the 30-day initial concerns.150 same docket in which market-based rate authority was granted, and it should be notice period that would alert the Commission Conclusion Commission that a potential change in served on the service list for that docket. status may have occurred, but it should 105. We are not persuaded by the The report will be noticed, and a then allow the respondent an additional suggestions to increase the 30-day comment period will be established. period to a longer period of time, 60 days thereafter to file additional Other Procedural Issues documentation as necessary. whether 60 days, quarterly, or six 102. APPA, BP Energy and TAPS months. Thirty days appropriately Comments suggest the Commission permit balances the amount of time the 108. BP Energy, EEI, EPSA and prospective reporting, to the extent FirstEnergy request that the Commission 142 possible, of known or expected changes PJMICC/IEU-Ohio at 14. clarify that change in status reports are in status.141 IEU-Ohio/PJMICC would go 143 NASUCA at 6. 144 purely informational and that any further and require prospective Avista at 4. 145 Tractebel at 6 (citing 18 CFR 292.207 (2004)). revisions or revocations to an entity’s reporting at least 60 days before the 146 EEI at 16–17; EPSA at 4; Powerex at 7; Xcel market-based rate authority will be circumstances affecting market-based at 9–10. made pursuant to section 206 147 Duke at 9–10. 139 NRECA at 4. 148 Avista at 4. 151 Revised Public Utility Filing Requirements, 140 Calpine at 12. 149 EPSA at 10. Order No. 2001, 67 FR 31,043 (May 8, 2002), FERC 141 APPA at 4; BP Energy at 10; TAPS at 4. 150 Calpine at 11. Stats. & Regs. ¶ 31,127 (Apr. 25, 2002).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8267
proceedings.152 With respect to the Commission Conclusion do so pursuant to a section 206 158 burden of proof, Calpine recommends 113. In response to the requests above, proceeding, and we will not change that the public utility should have the we will clarify the legal effect of a notice that policy here. In section 206 burden to demonstrate that it is still of a change in status and the procedures proceedings, the complainant or the entitled to market-based rates after the that the Commission will follow in Commission bears the burden of proof. change in status occurs and that if the acting on notices of changes in status. Accordingly, we cannot change the Commission or any party believes that First, a notice of a change in status, like statutory burden in response to 159 a report indicates that the basis for a the triennial update filing requirement, Calpine’s request. 116. Commission regulations set forth public utility’s market-based rates has is a filing made in compliance with the the procedures for requesting special been undermined by the change in terms and conditions under which the treatment for confidential and status, there should also be a remedy Commission has granted market-based 153 commercially sensitive information to through a section 206 action. rate authority. As discussed above, we prevent public disclosure,160 and we do 109. Powerex and SoCal Edison note will require that the reporting not find it necessary to establish that the NOPR failed to address the requirement be incorporated in the additional procedures for such treatment of confidential and market-based rate tariffs of each market- commercially sensitive information, and information contained in a notice of a based rate seller. Thus, a notice of change in status in response to the SoCal Edison requests that the change in status is an integral part of the Commission clarify that it requires only requests of Powerex and SoCal Edison. market-based tariff, compliance with 117. With respect to APPA’s and the minimal reasonable information which is a condition for the retention of TAPS’ concerns about the rights of third necessary.154 market-based rate authority. Consistent parties, we clarify that nothing in this 110. With respect to the procedural with the Commission’s current practice, final rule or the Commission regulations rights of third parties, APPA and TAPS the Commission will continue the same adopted herein changes the rights of argue that third parties should be procedures it has followed in processing third parties to file in response to a permitted to report known or expected filings of changes in status. Namely, the notice of change in status or to file a changes in status and that the Commission will issue a notice of the complaint pursuant to section 206. Commission should permit them the filing to provide an opportunity for opportunity to submit comments on public comment. The filing will receive Information Collection Statement change in status reports. Those reports a subdocket under the docket number in 118. Office of Management and meriting closer attention should result which the seller originally received Budget (OMB) regulations require OMB in the Commission’s issuing a show market-based-rate authority. The to approve certain information cause order asking the seller to justify Commission, where appropriate, may collection requirements imposed by continuation of market-based rate request additional information from the agency rule.161 The Commission authority.155 market-based rate seller, institute a solicited comments on the 111. Finally, Tractebel argues that the section 206 investigation or inform the Commission’s need for this information, Commission should provide the parties that the Commission does not whether the information will have opportunity for market-based rate sellers intend to take any further action practical utility, the accuracy of that comply with the reporting regarding the change in status filing. provided burden estimates, ways to requirement, as well for protesters and 114. We further note that because a enhance the quality, utility and clarity intervenors, to obtain a timely notice of a change in status, like a of the information to be collected, and ‘‘redetermination’’ or ‘‘reaffirmation’’ of triennial update, is a compliance filing, any suggested methods for minimizing their market-based rate authority.156 rather than a rate filing under section respondents’ burden, including the use 205 of the FPA, the Commission is not of automated information techniques. 112. Cinergy proposes that, for required to take action within 60 days. 119. Estimated Annual Burden to purposes of regulatory certainty, the Consequently, we will reject Cinergy’s satisfy the reporting requirement, the Commission should commit to issue proposal to commit to issuing an order Commission expects respondents to orders on notices of changes in status on notices of a change in status within submit a transmittal letter including a within 60 days of filing. Where an order 60 days and to establish a safe harbor description of the change in status and accepts for filing a change in status where the Commission has not acted on a narrative explaining whether (and, if report, such acceptance would be the filing within 60 days after receipt. so, how) this change in status reflects a deemed an acknowledgement by the Further, the filing alone may not departure from the characteristics relied Commission that the reported event provide sufficient information for the does not affect the applicant’s market- 158 Commission to make a definitive See, e.g., Enron Power Marketing, Inc., 103 based rate authorization. Similarly, if FERC ¶ 61,343 (2003), reh’g denied, 106 FERC finding regarding the impact of the the Commission does not issue an order ¶ 61,024 (2004); April 14 Order, 107 FERC ¶ 61,018 change in status on the filing entity’s within 60 days, any reported transaction at P 201, 209. market-based rate authority, and the 159 undertaken after such a 60-day period In addition, we note that we did not attempt Commission may require more than 60 to alter this statutory allocation of the burden of that conforms materially to the days to gather the necessary proof in the April 14 Order, as Calpine has description of the transaction in the previously argued. In the April 14 Order, we stated information. However, it is the notice should fall within a safe-harbor that failure of one of the generation market power Commission’s intention to act on these screens would establish a rebuttable presumption of and not trigger penalties, refunds or loss market power in the resulting section 206 157 filings as expeditiously as possible. of market-based rates. 115. With respect to the requests of proceeding. April 14 Order, 107 FERC ¶ 61,018 at P 201. In the July 8 Order, we explicitly rejected BP Energy, EEI and FirstEnergy that the 152 Calpine’s allegation there that we had BP Energy at 3–4; EEI at 15; EPSA at 9; Commission clarify that it will only inappropriately shifted the statutory burden and FirstEnergy at 15–16. revoke or revise market-based rate clarified that an applicant’s screen failure satisfied 153 Calpine at 12. the Commission’s initial burden of going forward 154 Powerex at 10. authority pursuant to a section 206 with evidence in the section 206 proceeding. July 155 APPA and TAPS at 2. proceeding, we note that the 8 Order, 108 FERC ¶ 61,026 at P 29–30. 156 Tractebel at 7. Commission’s long-standing policy, in 160 18 CFR 388.112 (2004). 157 Cinergy at 21. conformance with the FPA, has been to 161 5 CFR 1320.11 (2004).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8268 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
upon by the Commission in originally that, on average, it will take respondents market-based rate sellers would granting the seller market-based rate six hours per response and that experience a change in status in any authority. The Commission estimates approximately 25 percent of current given year.
Number of Number of Number of Total annual Data collection respondents hours responses hours
FERC–516 ...... 1,238 6 .20 1,486
Title: Electric Rate Schedules and may impose significant costs on entities.166 The Commission is not Filings, Reporting Requirement for applicants.162 required to make such analyses if a rule Changes in Status For Public Utilities would not have such an effect. Commission Conclusion With Market-Based Rate Authority 125. The Commission concludes that (FERC–516). 122. The estimate contained in the the final rule would not have such an Action: Proposed collection. NOPR of the time necessary to comply impact on small entities. Based on past with the reporting requirement is an experience, most of the sellers having OMB Control No.: 1902–0096. average. While such a letter may take changes in status that would likely Respondents: Businesses or other for more than six hours in some cases, we trigger a filing under the proposed profit. believe that in most cases compliance regulations would be entities that do not Frequency of Responses: On occasion. will take substantially less time. As we meet the RFA’s definition of a small explain above, the more significant entity. Therefore, the Commission Necessity of Information: The certifies that this final rule will not have proposed regulations will revise market- events triggering the reporting requirement will also trigger other a significant economic impact on a based rate sellers’ reporting obligation substantial number of small entities. and are intended to ensure that rates reporting requirements, e.g., a section and terms of service offered by market- 203 application. In such a case, market- Document Availability based rate sellers may incorporate by based rate sellers remain just and 126. In addition to publishing the full reasonable. reference the related filing, and compliance with the change in status text of this document in the Federal Internal Review: The Commission has reporting requirement accordingly Register, the Commission provides all reviewed the proposed amendment to would require a minimal amount of interested persons an opportunity to its regulations to establish a reporting time to prepare. view and/or print the contents of this obligation for changes in status and has document via the Internet through determined that these regulations are Environmental Analysis FERC’s Home Page (http://www.ferc.gov) and in FERC’s Public Reference Room necessary to ensure just and reasonable 123. The Commission is required to during normal business hours (8:30 a.m. rates. These regulations, moreover, prepare an Environmental Assessment to 5 p.m. eastern time) at 888 First conform to the Commission’s plan for or an Environmental Impact Statement Street, NE., Room 2A, Washington, DC efficient information collection, for any action that may have a 20426. communication, and management significant adverse effect on the human within the electric utility industry. The 163 127. From FERC’s Home Page on the environment. The Commission has Internet, this information is available in Commission has assured itself, by categorically excluded certain actions means of internal review, that there is the Commission’s document from this requirement as not having a management system, eLibrary. The full specific, objective support for the significant effect on the human burden estimates associated with the text of this document is available on environment. Included in the exclusion eLibrary in PDF and Microsoft Word information/data retention are rules that are clarifying, corrective, requirements. format for viewing, printing, and/or or procedural or that do not downloading. To access this document 120. Interested persons may obtain substantially change the effect of the in eLibrary, type the docket number information on the reporting 164 regulations being amended. Thus, we excluding the last three digits of this requirements by contacting: Federal affirm the finding we made in the NOPR document in the docket number field. Energy Regulatory Commission, 888 that this final rule is procedural in 128. User assistance is available for First Street, NE., Washington, DC 20426, nature and therefore falls under this eLibrary and the FERC’s Web site during Attention: Michael Miller, Office of the exception; consequently, no normal business hours. For assistance, Executive Director, phone: (202) 502– environmental consideration would be please contact FERC Online Support at 8415, fax: (202) 273–0873, e-mail: necessary. 1–866–208–3676 (toll free) or 202–502– [email protected]. Comments on Regulatory Flexibility Act Certification the proposed requirements of the 166 The RFA definition of ‘‘small entity’’ refers to subject rule may also be sent to the 124. The Regulatory Flexibility Act of the definition provided in the Small Business Act, Office of Information and Regulatory 1980 (RFA) 165 generally requires a which defines a ‘‘small business concern’’ as a Affairs, Office of Management and business which is independently owned and description and analysis of final rules operated and which is not dominant in its field of Budget, Washington, DC 20503, that will have significant economic operation. 15 U.S.C. 632 (2000). The Small Business Attention: Desk Officer for the Federal impact on a substantial number of small Size Standards component of the North American Energy Regulatory Commission, phone: Industry Classification System defines a small electric utility as one that, including its affiliates, (202) 395–4650. 162 US DOJ at 11–12. is primarily engaged in the generation, Comments 163 Regulations Implementing the National transmission, and/or distribution of electric energy Environmental Policy Act, Order No. 486, 52 FR for sale and whose total electric output for the 121. DOJ contends that the 47,897 (Dec. 17, 1987), FERC Stats. & Regs. ¶ 30,783 preceding fiscal years did not exceed 4 million (Dec. 10, 1987). MWh. 13 CFR 121.201 (Section 22, Utilities, North preparation of the transmittal letter may 164 18 CFR 380.4(a)(2)(ii)(2004). American Industry Classification System, NAICS) take more than six hours to prepare and 165 5 U.S.C. 601–612 (2000). (2004).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8269
6652 (e-mail at (ii) Affiliation with any entity not Office of Energy Projects, (202) 502– [email protected]), or the disclosed in the application for market- 8955, [email protected]. Federal Public Reference Room at 202–502– based rate authority that owns or Energy Regulatory Commission, 888 8371, TTY 202–502–8659 (e-mail at controls generation or transmission First Street, NE., Washington, DC 20426. [email protected]). facilities or inputs to electric power SUPPLEMENTARY INFORMATION: production, or affiliation with any entity Before Commissioners: Pat Wood, III, Effective Date and Congressional Chairman; Nora Mead Brownell, Joseph Notificiation that has a franchised service area. (2) Any change in status subject to T. Kelliher, and Suedeen G. Kelly. This Final Rule will take effect March paragraph (c)(1) of this section must be 1. The Federal Energy Regulatory 21, 2005. The Commission has filed no later than 30 days after the Commission is amending its regulations determined with the concurrence of the change in status occurs. to establish requirements governing the Administrator of the Office of [FR Doc. 05–3040 Filed 2–17–05; 8:45 am] conduct of open seasons for capacity on Information and Regulatory Affairs of proposals to construct Alaska natural BILLING CODE 6717–01–P the Office of Management and Budget, gas transportation projects. This Final that this rule is not a major rule within Rule fulfills the Commission’s the meaning of section 251 of the Small DEPARTMENT OF ENERGY responsibilities to issue open season Business Regulatory Enforcement regulations under section 103 of the 167 Fairness Act of 1996. The Federal Energy Regulatory Alaska Natural Gas Pipeline Act (the Commission will submit the Final Rule Commission Act), enacted on October 13, 2004.1 to both houses of Congress and the Section 103(e)(1) of the Act directs the 168 General Accounting Office. 18 CFR Part 157 Commission, within 120 days from List of Subjects in 18 CFR Part 35 enactment of the Act, to promulgate [Docket No. RM05–1–000; Order No. 2005; regulations governing the conduct of Electric power rates, Electric utilities, 110 FERC ¶ 61,095] open seasons for Alaska natural gas Reporting and recordkeeping transportation projects, including requirements. Regulations Governing the Conduct of Open Seasons for Alaska Natural Gas procedures for allocation of capacity. As By the Commission. Transportation Projects required by section 103(e)(2) of the Act, Linda Mitry, these regulations (1) include the criteria Deputy Secretary. Issued: February 9, 2005. for and timing of any open season, (2) n In consideration of the foregoing, the AGENCY: Federal Energy Regulatory promote competition in the exploration, Commission amends part 35, Chapter I, Commission. development, and production of Alaska Title 18 of the Code of Federal ACTION: Final rule. natural gas, and (3) for any open seasons Regulations, as set forth below: for capacity exceeding the initial SUMMARY: The Federal Energy capacity, provide for the opportunity for PART 35—FILING OF RATE Regulatory Commission is amending its the transportation of natural gas other SCHEDULES AND TARIFFS regulations to establish requirements than from the Prudhoe Bay and Point governing the conduct of open seasons Thomson units. n 1. The authority citation for part 35 for proposals to construct Alaska natural 2. As Congress has recognized, continues to read as follows: gas transportation projects. This final construction of a natural gas pipeline Authority: 16 U.S.C. 791a–825r, 2601– rule fulfills the Commission’s from the North Slope of Alaska to 2645; 31 U.S.C. 9701; 42 U.S.C. 7101–7352. responsibilities to issue open season markets in the lower 48 states is in the n 2. In § 35.27, paragraph (c) is added to regulations under section 103 of the national interest and will enhance read as follows: Alaska Natural Gas Pipeline Act (the national energy security by providing Act), enacted on October 13, 2004. access to the significant gas reserves in § 35.27 Power sales at market-based rates. Section 103(e)(1) of the Act directs the Alaska to meet anticipated demand for * * * * * Commission, within 120 days from natural gas. A successful Alaska natural (c) Reporting requirement. Any public enactment of the Act, to promulgate gas transportation project will have to utility with the authority to engage in regulations governing the conduct of overcome a variety of significant sales for resale of electric energy in open seasons for Alaska natural gas logistical and procedural obstacles. The interstate commerce at market-based transportation projects, including Commission strongly believes that it is rates shall be subject to the following: procedures for allocation of capacity. As in the mutual interest of the parties (1) As a condition of obtaining and required by section 103(e)(2) of the Act, interested in such a project to reach a retaining market-based rate authority, a these regulations include the criteria for common understanding, in order to public utility with market-based rate and timing of any open season, promote support a proposal that meets their authority must timely report to the competition in the exploration, needs and those of the Nation. To that Commission any change in status that development, and production of Alaska end, the Commission urges the parties would reflect a departure from the natural gas, and for any open seasons for to expend their efforts in negotiation, characteristics the Commission relied capacity exceeding the initial capacity, compromise, and project development, upon in granting market-based rate provide for the opportunity for the such that this vital project can become authority. A change in status includes, transportation of natural gas other than a reality. but is not limited to, each of the from the Prudhoe Bay and Point Background following: Thomson units. (i) Ownership or control of generation 3. Under the Act, Congress mandated DATES: or transmission facilities or inputs to Effective Dates: The rule will the expedited processing by the electric power production other than become effective May 19, 2005. Commission of any application for an fuel supplies, or FOR FURTHER INFORMATION CONTACT: Alaska natural gas transportation Whit Holden, Office of the General 167 See 5 U.S.C. 804(2) (2000). Counsel, (202) 502–8089, 1 Public Law 108–324, October 13, 2004, 118 Stat. 168 See 5 U.S.C. 801(a)(1)(A) (2000). [email protected]. Richard Foley, 1220.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8270 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
project, namely any natural gas pipeline and Point Thomson, and several rules in order to appropriately develop that carries natural gas derived from that pipeline companies (TransCanada, an Alaska natural gas transportation portion of Alaska lying north of 64 MidAmerican/AGTA, and Enbridge) are project. Other interested parties express degrees north latitude to the border potential sponsors of an Alaska natural concern that the North Slope Producers, between Alaska and Canada. The Act gas transportation project. Another either as project sponsors or as specifically directs the Commission to group of commenters is made up of producers whose reserves will support prescribe the rules which will apply to entities with Alaska-based interests 5, the initial development of the project, any open season held for the purpose of including elected officials. Yet another will use that flexibility to develop open acquiring capacity on any Alaska definable group consists of potential season rules to accommodate their own natural gas transportation project, shippers, including explorers and interests, to the exclusion and detriment including the criteria for allocating producers other than the North Slope of other explorers, developers and capacity among competing bidders. Producers, marketers, local distribution producers of Alaska natural gas, as well 4. In response to the Act’s directive, companies, power generators, and as of those seeking access to the on November 15, 2004, the Commission industrial end users. pipeline for in-state natural gas issued in Docket No. RM05–1–000 a demands. Notice of Proposed Rulemaking (NOPR) Overview of Regulatory Approach 9. As explained in the NOPR, there containing the Commission’s proposed 7. The comments filed in response to are no current Commission regulations Alaska natural gas transportation project the NOPR are discussed at length below, respecting open seasons. To date, the open season regulations as a new broken down by specific issues. Commission’s policy, developed subpart B to part 157 of the However, broadly speaking, several through its orders and opinions, is that Commission’s regulations (69 FR 68106, commenters, led by the North Slope all new interstate pipeline construction Nov. 23, 2004). The NOPR stated that Producers, MidAmerican/AGTA, and be preceded by a non-discriminatory comments were to be filed by December TransCanada, expressed general support ‘‘open season’’ process through which 17, 2004, and that the Commission for the Commission’s approach in potential shippers may seek and obtain intended to issue the final regulations developing the proposed regulations in firm capacity rights. Congress has by February 10, 2005, in order to the NOPR.6 These commenters perceive determined that it is necessary to comply with the Act’s 120-day deadline. the proposed regulations as being not formalize this Commission policy with 5. The Commission held a public overly prescriptive, yet providing a fair specific regulations governing the technical conference in Anchorage, and open process to obtain capacity on conduct of open seasons for an Alaska Alaska on December 3, 2004 to develop an Alaska pipeline on a non- natural gas transportation project. a record in this proceeding. At the discriminatory, non-preferential basis. Indeed, the tremendous size, scope, and conference, speakers including Alaska As potential shippers, these commenters cost of an Alaskan pipeline, the long elected officials, Alaskan Natives, are encouraged that the proposed rules lead-time needed for such a project, representatives of potential project permit the sponsors the flexibility to environmental sensitivities, and the sponsors, representatives of potential design and conduct the initial and competitive conditions that are unique shippers, and representatives from other expansion open seasons. They claim to such a project warrant special agencies or affected enterprises or the that such flexibility is important in consideration and oversight. In general public presented their views on helping a project sponsor properly size addition, Congress specifically required the NOPR and related issues. A the pipeline and satisfy the demands of that the open season regulations transcript of the technical conference financers. promote competition in the exploration, was filed in the record in this 8. A number of the commenters, development, and production of Alaska proceeding.2 however, fault the Commission for not natural gas and, as to any open season 6. Before the NOPR was issued, the proposing detailed rules regarding for expansion of the initial capacity of Commission received comments and certain elements of the open season, any Alaska natural gas transportation suggested open season requirements including timing of the open season, project, the Commission’s regulations from several interested parties, and the criteria for evaluating bids and are to specifically provide the including BP, ConocoPhillips, and allocating capacity in the event capacity opportunity for gas other than Prudhoe ExxonMobil (North Slope Producers),3 on the proposed project is Bay and Point Thomson production to other natural gas producers, potential oversubscribed. These commenters have access to the pipeline. project sponsors, and members of the claim that the Commission has deferred 10. As revealed in detail in the Alaska legislature. In addition to the to the project sponsors too much of the comments to the NOPR, there are pre-NOPR comments and technical responsibility of establishing the criteria complex, competitive conditions conference presentations, comments for and timing of open seasons for surrounding an Alaska natural gas were filed by 25 interested parties.4 One Alaska projects. In addition, transportation project, which are group of commenters, including the commenters whose interests are tied to intensified by the generally agreed upon North Slope Producers, who together the State of Alaska claim that the fact that there will be only one such own the majority of proven gas reserves proposed rules ignore the requirements pipeline for the foreseeable future. The on Alaska’s North Slope at Prudhoe Bay of section 103(g) regarding in-state North Slope Producers hold the proven needs for natural gas.7 Potential project reserves that may be able to support the 2 The Commission received, on December 23, sponsors favor the flexibility they initial construction of the project, and 2004, January 10, 2005, and February 2, 2005, three may now be in a position to make long- motions to correct the transcript. The Commission believe is provided in the proposed approves the proposed corrections and incorporates term capacity commitments to the them into the record of this proceeding. 5 This group includes AOGCC, ANGDA, Alaska, project. Other producers and explorers, Commenters at the technical conference are listed Alaska Legislators, Arctic Slope and Doyon. whose potential gas reserves are not yet in the Appendix. 6 AGA and Northwest Industrial Gas Users also commercially developed, may not 3 The short-form names used for commenters and stated general support for the NOPR’s proposed currently be in a position to do so. other abbreviations used in this order are listed in rules. the Appendix. 7 This section of the Act requires a certificate Instead, they anticipate a need for 4 These commenters are also listed in the holder for an Alaska project to demonstrate that it capacity some time in the future, and Appendix. has conducted a study of Alaska in-state needs. express reluctance to make the large
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8271
investment required to explore for and application for an Alaska natural gas provide a stimulus for exploration, develop Alaska gas without being transportation project placed before us. development, and production of Alaska reasonably assured that they will have 13. Furthermore, we will bear in mind natural gas. It has been suggested that access to pipeline capacity when their the concerns expressed by the non- the Commission’s stated goal gas is ready to move to market. Shippers North Slope producers in considering improperly emphasizes the importance seeking to move gas only within the expansion issues. Thus, we will look to of providing certainty to project State of Alaska for in-state uses may also see whether a proposed pipeline is sponsors to facilitate construction of the seek pipeline capacity. While the North designed not only to meet immediate project, when instead the Commission Slope Producers anticipate paying rates needs, but also to provide a reasonable should focus on providing as much covering the costs of transportation opportunity for access to low-cost regulatory certainty as possible to through the entire project, shippers expansion capacity. Also, as discussed natural gas explorers.9 However, planning to make deliveries in Alaska below, we will look, with the providing the economic certainty to likely will seek mileage-based or zone constraints of the Act in mind, to support the building of an Alaska rates. determine that rates for expansion natural gas transportation project and 11. We have striven in this rule to capacity are set at levels that will promoting competition in the balance the need to allow project promote competition in exploration and exploration and development and sponsors the flexibility to develop and development of Alaska natural gas, not production of Alaska natural gas are not bring to market Alaska natural gas with just protect the interests of initial mutually exclusive goals. We conclude the equally compelling needs to ensure shippers. that emphasizing economic certainty to fair competition in the transportation 14. In addition to the careful scrutiny explorers, without balancing the similar and sale of natural gas, promote the we will give to any Alaska pipeline needs of potential project sponsors, development of natural gas resources in proposal, the need to provide explorers would overlook the Act’s overall addition to those in the North Slope, and developers of Alaska natural gas objective of facilitating the timely and consider Alaskan in-state with reasonable assurances that they development of an Alaska natural gas requirements. As discussed in more will have access to capacity on any transportation project, and to bring detail below, we are not inclined to Alaska natural gas pipeline can be met Alaskan natural gas to markets in Alaska impose open season rules that prescribe through existing Commission oversight and in the lower 48 states. Thus, we such details as when open seasons must authority and certificate authorization believe that the balanced approach we occur and precise criteria to be used in authority, as supplemented, enhanced, are taking here is appropriate. evaluating bids and allocating capacity. and guided by the findings and 17. In the Commission’s view, To do so could potentially unduly limit requirements of this final rule, the NGA, exploration, development, and a prospective sponsor’s ability to design and the Act. Any complaints regarding production of Alaska natural gas are and finance a viable project, and thereby these Alaska project issues can be best served by having a pipeline built add to the already-daunting challenges addressed through several ways, and by ensuring that all potential initial that face an Alaska natural gas including the Commission’s Dispute and future shippers are able to obtain transportation project sponsor. Resolution Service, the Enforcement access on that pipeline under non- 12. At the same time, however, we are Hotline, or the Commission’s Fast Track discriminatory, non-preferential terms. well aware of the risks to competition complaint process which, under the This rule will provide the framework for imposed by a project that is owned or final rule, will have automatic an open season process that will primarily sponsored by a small group. application to complaints involving any provide reasonable flexibility to Thus, we are imposing strict Alaska natural gas transportation open pipeline sponsors, while ensuring requirements on all proposals, and season. sufficient exchange of information and particularly on affiliate-owned projects, 15. Moreover, under section 157.33, regulatory oversight to ensure that the with respect to the public disclosure of any application for a certificate of goal of fair, open competition in the information, to ensure that there is a public convenience and necessity for a transportation and sale of natural gas is level playing-field. As we discuss proposed Alaska natural gas met. below, we will require applicants for an transportation project must include a Alaska pipeline project to provide demonstration that the applicant has Section-by-Section Analysis of Final detailed information as to project conducted an open season for capacity Rule design, how capacity is to be allocated, on its proposed project in accordance A. Purpose—Section 157.30 and proposed rates, terms and with the requirements of this subpart, 18. Proposed § 157.30 sets out the conditions. This will allow us to be in and failure to provide the requisite purpose of subpart B. That purpose is to a position to monitor whether demonstration will result in an establish rules for the conduct of any competition for capacity is fair. In application being rejected as open season on any Alaska natural gas addition, while we are permitting pre- incomplete. This provision will provide transportation project. Section 103(e)(2) subscription for ‘‘anchor’’ shippers,8 we a strong disincentive to discriminatory of the Act provides that these are requiring that contracts with such or unduly preferential conduct. Finally, shippers be made publicly available, although not required, project sponsors regulations must include the criteria for and that all shippers seeking the same have the option of seeking Commission and timing of any open season, promote type of capacity be offered service on pre-approval of a proposed notice of competition in the exploration, the same terms and conditions. We will open season. development, and production of Alaska keep these considerations in mind, not 16. The Commission stated in the natural gas, and, for any open seasons only during an open season, but also NOPR that its goal was to design an for capacity exceeding the initial during our consideration of any open season process that provides non- capacity, provide for the opportunity for discriminatory access to capacity on any the transportation of natural gas other 8 Anchor shipper(s) as used in the natural gas Alaska natural gas transportation project 9 industry means one or a very few shippers with and, at the same time, allows sufficient See Comments of Shell USA, filed December 17, very large, significant volumes of natural gas that 2004, at 2. This belief is shared by a number of will financially support the initial design and cost economic certainty to support the commenters aligned with the non-North Slope of a project. construction of the pipeline and thereby explorers and producers of Alaska gas.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8272 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
than from the Prudhoe Bay and Point certificate of public convenience and Producers state that the open season Thomson units.10 necessity or other authorization for an rules should allow for options such as 19. The Commission is adopting Alaska natural gas transportation pre-subscription agreements that will § 157.30 with certain changes project, whether filed pursuant to the encourage or facilitate the successful recommended by Alaska for purposes of Natural Gas Act, the Alaska Natural Gas development of an Alaska pipeline clarity. Specifically, the revised section Transportation Act of 1976, or the project. They believe that pre- makes clear that the regulations apply to Alaska Natural Gas Pipeline Act, and to subscription might grant the flexibility open seasons ‘‘for the purpose of applications for expansion of such to sponsors and shippers that is making binding commitments for the projects. The proposed regulation also required in view of the size, expense, acquisition of initial or voluntary provides that the open season risk, and long lead time involved in an expansion capacity’’ on any Alaska regulations do not apply to involuntary Alaska project. Enbridge is convinced natural gas transportation project. We expansions pursuant to section 105, that these factors call for pre- see no need to change the description of unless the Commission expressly so subscription. the purpose of the subpart from being provides. 28. However, the supporters of pre- ‘‘to establish the procedures for’’ an 23. Alaska proposes language in the subscription also comment that steps open season to being to ‘‘prescribe the final rule that provides that the open can or should be taken in order to rules,’’ as recommended by Alaska. season regulations will apply ‘‘to any ensure that other shippers have the Alaska Natural Gas Transportation opportunity to obtain capacity on a non- B. Definitions—Section 157.31 Project for which a certificate of public discriminatory basis through an open 20. Proposed § 157.31 defines the convenience and necessity is sought season process. TransCanada, for terms ‘‘Alaska natural gas transportation pursuant to section 7 of the NGA and instance, describes a situation where the project’’ and ‘‘Commission.’’ ANGDA section 103 of the Alaska Natural Gas sponsor enters into binding prearranged maintains that the definition of ‘‘Alaska Pipeline Act.’’ 11 However, Alaska does precedent agreements with ‘‘backstop’’ natural gas transportation project’’ not explain the basis for its proposed or ‘‘transition’’ shippers who commit to should be expanded to include a project definition. sign firm transportation agreements if involving ‘‘a liquid natural gas project to 24. Section 102(2) of the Act defines no other shipper comes forward, but transport liquefiable natural gas from an Alaska natural gas transportation who agree to lower their capacity Southcentral Alaska to the West Coast project to include projects authorized commitments to pre-agreed levels to states.’’ ANGDA bases its proposed under either the Alaska Natural Gas allow the inclusion of other shippers amendment on a November 18, 2004 Transportation Act of 1976 or the who tender qualifying bids during the amendment to section 116 of the Act Alaska Natural Gas Pipeline Act. Since open season. In a similar fashion, whereby Congress included an entity the proposed regulation is consistent MidAmerican/AGTA states that the determined to be qualified to construct with this definition, the Commission open season rules should permit and operate a liquefied natural gas sees no reason to amend it. transportation commitments allowing project to transport liquefied natural gas pre-subscribed capacity to be prorated D. Requirement for Open Season— from Southcentral Alaska to the West down to a minimum threshold level to Section 157.33 Coast states as a ‘‘qualified allow others to obtain capacity in the infrastructure project’’ for purposes of 25. Proposed § 157.33 requires that event the total requested capacity obtaining a loan guarantee. The any application for a certificate of exceeds design capacity. amendment ANGDA relies on did not public convenience and necessity for a 29. Enbridge is confident that, even expand, much less refer to, the proposed Alaska natural gas with pre-subscription, an open season definition of an ‘‘Alaska natural gas transportation project include a showing conducted under the safeguards and transportation project.’’ Consequently, that the applicant conducted an open transparency provided by the the Commission finds no basis to season for capacity on its proposed Commission’s proposed rules will result conclude that Congress intended to project that fully complies with the in a pipeline designed to enable every include any liquefied natural gas project requirements of this subpart. To ensure creditworthy shipper to obtain the long- within the meaning of ‘‘Alaska natural compliance with this requirement, term capacity it needs. However, gas transportation project.’’ proposed § 157.33 provides that any Enbridge claims that there can be no 21. While the NOPR’s definition of application lacking such a showing will Alaska natural gas transportation project ‘‘Alaska natural gas transportation be dismissed as deficient. without the full, binding commitment of project’’ is consistent with the Act’s 26. One of the questions that the the North Slope Producers. Alliance is definition of that term, it does not fully Commission posed in its NOPR was also a strong believer in the potential define that term as it is defined in the whether the Commission should allow usefulness of pre-subscribed capacity in facilitating the development of an Act. To be precise, the Commission is pre-subscribed, reserved capacity such Alaska pipeline. However, also revising § 157.31 at § 157.31(a) to adopt as was allowed in connection with open recognizing that the open season rules the full statutory definition of that term. seasons for certain new Outer must promote competition in the Additionally, the Commission is Continental Shelf (OCS) pipeline exploration, development and including for clarity new § 157.31(c), facilities. production of Alaska gas, Alliance defining the term ‘‘voluntary 27. Several commenters, including claims that limits could be placed on expansion.’’ TransCanada, Alliance, the North Slope Producers, Enbridge, Doyon, and the amount of capacity available for pre- C. Applicability—Section 157.32 MidAmerican/AGTA state that the subscription, or that pre-subscription 22. The NOPR proposes that the open Commission should allow pre- could be reserved for initial open season regulations are to apply to any subscribed capacity for an Alaska seasons only. 30. Another group of commenters application to the Commission for a natural gas transportation project. TransCanada and the North Slope prefers that the Commission not allow 10 The Prudhoe Bay and Point Thomson units are pre-subscription of capacity and asks gas fields located on Alaska’s North Slope with a 11 See Comments of the State of Alaska regarding that if it is permitted, limitations and total of approximately 35 Tcf of known gas reserves. § 157.32. conditions be imposed in order to
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8273
ensure that capacity is still available to circumstances as Anadarko did in risk of an Alaska project to a level where prospective shippers which do not distinguishing an Alaska natural gas pre-subscription should not be allowed, participate in pre-arranged agreements. transportation project from the OCS nor do we see pre-subscription as These commenters include Anadarko, facilities referred to the NOPR. inherently anti-competitive. Alaska, Calpine and ChevronTexaco. However, to facilitate the ultimate 35. Based on the foregoing, we will 31. Anadarko argues that if the final development of an Alaska natural gas permit pre-subscription in order to rule approves the use of pre- transportation project, Calpine is facilitate the development of an Alaska subscription agreements, they must be agreeable to allowing pre-subscribed natural gas transportation project. In subject to the outcome of the open capacity that will be subject to an order to ensure that all other potential season, and that potential bidders in the allocation procedure in the event shippers will have an equal opportunity open season should be offered the same capacity is oversubscribed. to obtain access to capacity on the terms and conditions as the pre- 33. Alaska Legislators and Arctic project in the open season, we are subscribing shippers. Anadarko states Slope oppose any pre-subscription. requiring in the final rule that any and that there are two distinct types of Arctic Slope asserts that 100 percent of all pre-subscription agreements be made prospective shippers on an Alaska the capacity of an Alaska natural gas public within ten days of their natural gas transportation project—the transportation project must be made execution, and that capacity on the North Slope Producers and the available on a non-discriminatory, open proposed project will be offered to all explorers and producers of unproven or access basis to all potential shippers; prospective qualifying shippers on the undeveloped Alaska natural gas—who therefore, the open season rules should same rates, terms and conditions as are in long-term competition for the prohibit pre-subscriptions. Alaska contained in the pre-subscription pipeline’s capacity, and that pre- Legislators state that the Act requires agreements. In the event that there are subscription favors the major producers the Commission alone to establish the pre-subscription agreements with to the detriment of those developing open season procedures for awarding varying rates, terms and conditions, all competing reserves. Second, Anadarko initial and expansion capacity on an prospective qualifying shippers shall contends that there are circumstances Alaska natural gas transportation have the option of choosing among the that distinguish the situation in Alaska project. Moreover, since Congress several agreements which one they wish from that existing in the OCS cases cited mandates that these open season to accept. We note, however, that the in the NOPR, including the fact that the regulations promote competition in the justification for allowing pre- OCS cases involved the transportation exploration, development, and subscription may not be as compelling of specific reserves and entailed production of Alaska natural gas, Alaska in the case of any expansion, since the unusual costs and risks, whereas the Legislators contend that the project major hurdles to developing the project situation in Alaska calls for a pipeline must be developed in a manner that in the first instance will have been that will access all Alaska gas, and that maximizes the number of exploration overcome. Therefore, we will limit our risk has been substantially reduced by a and production companies able to authorization to provide for pre- massive federal loan guarantee. participate in an open season and subscribed initial capacity only.13 Moreover, states Anadarko, the Act calls compete for capacity on the pipeline. 36. Much attention is given in the for mandatory open seasons for capacity The only way this can be done, comments to concerns over potential on an Alaska natural gas transportation according to Alaska Legislators, is by discrimination and preference in project. Consequently, Anadarko asserts requiring that 100 percent of the initial allocating capacity in the event that the that the final open season rules must and expansion capacity be awarded proposed Alaska pipeline project is require that pre-subscribed capacity solely through a public open season. oversubscribed, whether or not pre- must be subject to the outcome of the Alaska Legislators support their view by subscription is allowed. While these open season, and if the proposed project stating, like Anadarko and Calpine, that concerns can best be addressed by is oversubscribed, the project sponsors the OCS cases cited in the NOPR designing a proposed project such that must either revise the project’s capacity involved specific instances of it meets the capacity needs of all to accommodate all bids or fairly prorate individual pipeline construction shippers who are prepared to enter into all the capacity. proposals, and citing cases in which the binding agreements, we nonetheless 32. Alaska would also prefer that the Commission disapproved procedures will use our regulatory authority to final open season rules prohibit pre- outside of an open season and required protect against undue discrimination or subscribed capacity because of its undue preference in capacity allocation. potential to limit the amount of capacity transparent open seasons as the vehicle by which new pipeline capacity is 37. As discussed below, the in the open season. If pre-subscription 12 Commission is holding to the regulatory is permitted, Alaska, like Anadarko, obtained. 34. The Commission recognizes that approach taken in the NOPR which states that all parties should be able to the expense, risk, and long lead time allows project sponsors to (subject to obtain capacity on the same terms and involved in developing an Alaska our subsequent review) develop the conditions, and if the project is natural gas transportation project justify methodology by which they will oversubscribed, all capacity should be allocate capacity in the event of pro-rated equally. ChevronTexaco has a allowing project sponsors the flexibility to enter into pre-subscription oversubscription of a project not similar view, stating that so long as the supported by precedent agreements. pre-subscription represents only a agreements with the North Slope Producers and any other shippers who However, in the case of pre-subscribed minimum commitment needed to capacity, the Commission will require construct a project, with the are currently in a position to support the understanding that the project will be project with long-term capacity commitments. We do not view the 13 Future requests and open seasons for voluntary enlarged as a result of matching bids in expansion capacity after the pipeline is in service the open season, and so long as pre- federal loan guarantees as reducing the will be controlled by procedures spelled out in the subscribed capacity and open season Alaska pipeline’s approved FERC gas tariff, while 12 Wyoming-California Pipeline Co., 50 FERC involuntary expansion capacity will be controlled capacity are allocated on the same basis, ¶ 61,070 (1990); TransColorado Pipeline Co., 53 by the requirements of section 105 of the Act and the Act’s open season goals are met. FERC ¶ 61,421 (1991); and Colorado Interstate Gas any rules that the Commission may issue in the Calpine points out the same Co., 56 FERC ¶ 61,015 (1991). future governing such expansions.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8274 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
that the project sponsors must either i. Open Season Timing and Duration 43. ANGDA agrees that a 180-day revise the project’s capacity to period to review and assess the open accommodate all qualified bids or 40. Proposed § 157.34 sets forth the season information is required in order prorate only the capacity that was criteria for and timing of Alaska project to account for the huge information gap subject to the pre-subscription open seasons. Proposed § 157.34(a) between the information now available agreements or was bid for in the open provides for public notice of an open to potential intra-state shippers and the season on the same rates, terms and season at least 30 days prior to the information they would need to make conditions as any of the pre- commencement of the open season multi-year commitments for capacity on subscription agreements. The through methods including postings on an Alaska natural gas transportation Commission has chosen this solution for Internet websites, press releases, direct project. ANGDA states that such a several reasons. First, the parties most mail solicitations, and other advertising. commitment would equal or exceed the certain to be pre-subscription shippers The Commission believes that such asset base of potential shippers on a are the North Slope Producers, who will prior notice would serve several spur line. Moreover, public hearings be in a position of control over the purposes. First, it would reduce, if not and Regulatory Commission of Alaska proposed project’s design, either as eliminate, any advantage that one (RCA) approval of contract terms is project sponsors or as owners of the potential shipper might have as a result required for several potential shippers. reserves that support the project. of prior knowledge of the open season. The due diligence and expert advice Second, by their own estimate, the Second, it would afford both project required to make decisions of this North Slope Producers assert that the sponsors and prospective shippers a magnitude require a minimum of 180 initial pipeline can be designed to period of time prior to the actual open days, according to ANGDA. accommodate all qualified bids.14 season period in which they could Additionally, ANGDA states that many Consequently, the Commission believes address and possibly resolve any shippers’ contract terms require RCA that it is appropriate that entities questions or problems regarding the approval, which could take one to two involved in pre-subscription bear the terms and conditions of the open years. Anadarko also believes 180 days risk that their capacity will be season. Third, it would afford potential is required due to the magnitude of the reallocated in the event that the project shippers time to prepare submissions in commitment and to offset the is undersized. response to the open season. informational advantages that the major 38. Anadarko proposes to add to this 41. Proposed § 157.34(c) provides that producers have over other potential section a provision that, when read in an open season for an Alaska natural gas shippers. For example, Anadarko the context of its other proposed rules, transportation project must remain open estimates that a 500 MMcf/d would prohibit any pre-subscription for a period of at least 90 days. This commitment for 20 years’ capacity on an agreements. Alaska also proposes minimum 90-day period for prospective Alaska natural gas transportation project language that would lead to that result. shippers to examine the open season translates into a $7 billion demand As discussed herein, the Commission is, materials and make service requests to charge, and a 30-year contract would with appropriate limitations, allowing the pipeline is intended to establish involve a $10 billion commitment. pre-subscription, and is amending some parity among shippers, given that 44. AOGCC, Shell, Pacific Star, § 157.33 accordingly. Moreover, the certain shippers, primarily the ‘‘anchor’’ Doyon, and Alaska share the belief that Commission is satisfied that modifying shippers, may have had advance the NOPR’s 90-day open season period § 157.33 to provide that any application information relating to the pipeline’s should be extended. Pacific Star could lacking a showing that the open season proposed services, tariff provisions, and support a 120-day open season, with a regulations have been fully complied cost projections. Ninety days is prior 90-day review period. Alaska with will be rejected as deficient will proposed as an adequate amount of time recommends a ‘‘safe harbor’’ range of 90 ensure compliance with the open season in which to conduct a reasoned to 120 days, with no preference given requirements. Alaska proposes to also evaluation of the open season materials based on when bids are received. 45. MidAmerican/AGTA, Alliance include in this section a provision and to help level the playing field. requiring that open seasons be and Enbridge find the 30-day notice and conducted without undue 42. Alaska Legislators state that the 90-day open seasons to be adequate. In discrimination or preference in the notice period established in the NOPR particular, Enbridge and MidAmerican/ rates, terms, or conditions of service. needs clarification. Specifically, they AGTA find these time frames to strike The Commission is expanding § 157.35 state that the proposed regulations are an appropriate balance between meeting to include language similar to that unclear whether the 30-day notice prospective shippers’ informational suggested by Alaska. period precedes and is computed needs and the need to expedite the separately from the 90-day open season development of an Alaska natural gas E. Notice of Open Season—Section period. In any event and for several transportation project. Enbridge states 157.34 reasons, state Alaska Legislators, an that because there have been years of 39. The criteria for and timing of initial open season will require a developmental work on an Alaskan Alaska natural gas transportation project duration of a minimum of six months, natural gas pipeline, with many prior open seasons are spelled out in and any subsequent open seasons public hearings and discussions on the proposed § 157.34. This proposed should remain open for a minimum of subject having occurred and continuing regulation received the most attention in four months. First, Alaska Legislators dialog between potential sponsors and comments. For clarity and convenience, assert that this additional time is needed shippers taking place, it is unnecessary the comments are broken down and to offset the fact that shippers affiliated to lengthen the proposed open season grouped by the topics listed below. with the pipeline will have advance period.15 Enbridge adds that extending information. Second, the substantial 14 As noted, infra, the North Slope Producers state capital commitment that will be 15 As support for the reasonableness of the 90-day that it will require 50 Tcf of gas to keep a 4 to 4.5 required of any prospective shipper open season period, Enbridge compares it to the 30- Bcf pipeline full for 30 years, and any Alaska day and 53-day open seasons held in Maritimes & pipeline will be designed to be economically warrants a much longer period within Northeast Pipeline, LLC, 80 FERC ¶ 61,346 at expandable to 6 Bcf/d, which would accommodate which to evaluate whether to contract 62,174 (1997) and Alliance Pipeline L.P., 80 FERC an additional 15 Tcf over 30 years. for capacity on the project. ¶ 61,149 at 61,591 (1997), both large, cross-border
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8275
the open season could result in long of the project facilities to accommodate at the beginning of the minimum 120- delays in the project’s overall schedule those needs. The Alaska Legislators day period. due to the narrow, seasonal windows argue that an in-state study is ‘‘virtually 50. The Commission also appreciates associated with environmental studies meaningless unless concluded and the that, due to the substantial capital and preliminary field work. results made public by the pipeline commitment that will be required, any 46. Another timing issue raised in operator prior to any open season.’’ 17 prospective shipper will need a comments involves when any open Chevron Texaco, TransCanada, and sufficient period of time within which seasons for an Alaska natural gas ANGDA agree that, in order to to evaluate whether to make multi-year transportation project should be held. determine where tie-in points are commitments for capacity on the The NOPR has no requirements on the needed to meet Alaska’s domestic gas project. However, we also understand subject of when project sponsors must needs, the studies should precede any that in order to timely develop a hold the open season. According to open season. pipeline proposal, size the facilities, Anadarko, the Commission’s silence on 48. The Alaska Legislators further secure financing and otherwise finalize this issue will allow sponsors to hold argue that the Commission should spell the proposal in detail sufficient to file open seasons early in the project’s out the type of study that the pipeline a certificate application, time is of the developmental process. As a result, will be required to undertake. ANGDA’s essence. This is accentuated by the fact explorers will be unable to commit to comments address the need for two that under section 109 the Act, if an capacity on the project because of the major gas trunk-line interconnect points application for an Alaska natural gas present uncertainties surrounding their in Alaska, most critically a spur line to transportation project is not filed within reserves. This sentiment is shared by make North Slope gas available to the 18 months after the October 2004 others, including Arctic Slope, DOI, Cook Inlet area, where two-thirds of the enactment of the Act, the Secretary of Doyon, and Shell. As a solution, these state’s population resides, and which Energy is required to conduct a study of commenters state that the open season has less than a 10-year reserve life for alternative approaches to an Alaska regulations should include a current gas supply. United States natural gas transportation project.19 requirement that any open seasons must Senator Murkowski, State Senator While the Act does not preclude the remain open until the last practical Therriault, and Mr. Izzo, representing filing of an application after the 18- point in time, which according to Enstar, among others at the technical month period and the initiation of such Anadarko and Shell is the time when conference also stressed various in-state a study, it is clear that the Act the sponsors must close on their needs for natural gas. ChevronTexaco contemplates that an applicant will financing arrangements. These states that it could be a simple matter of proceed with all deliberate speed. commenters state that in this way, some identifying most logical tie-in points to 51. The minimum 120-day open potential shippers, other than the major address future needs and the most season period we are establishing is producers who are in a better position economic methods to expand the substantially longer than any open to commit early in the process, might be capacity to meet those needs when they season heretofore held for a major able to resolve the uncertainties arise. Alaska Legislators suggest that a pipeline project. While no other project currently prohibiting them from January 2003 study conducted on behalf equals or nears the size and complexity participation. Shell also states that the of Alaska’s Department of Natural of an Alaska natural gas transportation open season regulations should Resources might serve as a useful project, this will be a project with many preclude any open season for an example to model in fashioning the years of evaluation, information- expansion project prior to one calendar requirements of the in-State study.18 gathering and private and public debate year after the in-service date of the 49. The Commission is adopting the behind it. While there may currently be pipeline unless the open season is NOPR’s 30-day notice period and 90- some disparity in the amount of specifically requested by a shipper other day open season period of ‘‘at least 90 information various interested parties than a major producer. days’’ for open seasons, and clarifies have, most have been assessing their 47. In addition, some commenters that the 30-day notice period will situations, at least conceptually, for urge the Commission to require that the precede the 90-day open season and that many years. The Commission, on study of in-state needs provided for in the notice of open season is to contain balance, believes a 120-day period is section 103(g) of the Act precede any all of the information detailed in adequate to substantially level the open season. Although the language of § 157.34(b). Therefore, all interested playing field, particularly given the the Act requires that ‘‘the holder of the persons will have a period of a extensive information requirements certificate’’ demonstrate that it has minimum of 120 days in total to imposed in the open season regulations. conducted the required study, the Act examine the information pertaining to We are not convinced that an open does not state when such study should any open season in order to assess season lasting as long as six months is be conducted; nor does the Act require whether they are willing and able to necessary. that the study be made public. Alaska participate in the process and proffer 52. The Commission, for several states that contrary to the intent of the bids. The Commission understands that reasons, will not impose a requirement Act, the NOPR is silent on the subject on day one of the open season process, that any open season must remain open any shippers affiliated with the pipeline of ensuring that in-state needs for gas or who have entered into pre- are met.16 According to Alaska, the only 19 Congress’ sense of urgency is demonstrated by subscription agreements may have logical way for this to be done is to a number of other provisions in the law, including certain information not available to those calling for expedited action in connection require that the in-state study be other entities. However, that with the environmental review and the conducted prior to the open season in Commission’s certificate approval processes, as information is required to be disclosed order for the project sponsor to design well as expedited judicial review in connection the capacity, routing and expansibility with any environmental impact statement or final 17 Joint Comments of the Legislative Budget and Federal agency order issued under the Act. Audit Committee of the Alaska State Legislature Moreover, the Act establishes an independent projects. Alliance too, refers to its own 53-day open and Indicated Alaska State Legislators at 48. Office of Federal Coordinator who is empowered to season. 18 This study can be found at: http:// oversee and coordinate the expeditious federal 16 Governor Murkowski also made this point at www.dog.dnr.state.ak.us/oil/products/publications/ permitting processes in connection with any Alaska the technical conference. otherreports/demand/instate gas v1.pdf. natural gas transportation project.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8276 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
until a particular point in time tied to that we, project proponents, and other might find it necessary or appropriate to other project activities. This interested parties can have the benefits initiate an open season before some of requirement was requested in order to of the state’s expertise. the information can be determined. The allow as much time as possible for 54. We do not propose to set aside a NOPR also anticipated that in a given potential shippers to put themselves in specific amount of capacity for in-state situation, such information cannot be a position to bid for capacity. The service, because we do not now know reasonably determined until after an Commission is providing that the how much capacity will be sought for open season is held. As an example, the effective date of this final rule shall be that purpose. Similarly, although, as Commission described a situation 90 days from its publication in the stated immediately above, in-state where, for purpose of gathering Federal Register, which will prevent transportation rates must be based on information and assessing demand, a any open seasons for the first three the costs of providing that service, we prospective project sponsor might first months. Any specific point in time that cannot at this point determine the conduct a non-binding open season. the Commission might select (such as a appropriate allocation of costs between Then, based on its evaluation of the year before an application was filed) services for in-state deliveries and for response, the sponsor could conduct a might not be suitable under all deliveries to the lower 48 States. We second, binding open season containing circumstances, and could, therefore, will deal with cost allocation issues information sufficiently detailed to frustrate efforts in planning project occasioned by these matters as they permit prospective shippers to enter proposals. However, we are adding a arise. into binding precedent agreements. new provision in the final rule, 55. We note that section 103(g) of the 58. To accommodate these situations, § 157.34(d)(2), that a project sponsor Act requires the holder of a certificate the NOPR provided that the sponsor must consider any bids tendered after for an Alaska project to prepare a study would be required to include the listed the expiration of the open season by of Alaska in-state needs. The open information in the notice of open season qualified bidders, and may reject them season information we are requiring ‘‘to the extent that such information is only if they cannot be accommodated does not obviate the need to comply known or determined at the time the 20 due to economic, engineering, or with this provision, but the material notice is issued.’’ Additionally, in operational constraints, in which case provided during the open season could order to level the playing field for all the project sponsor must provide a later be proffered as the post-certificate potential open season participants, the detailed explanation for the rejection. study, and, should we determine that NOPR required that the sponsor include This requirement is designed to allow there is sufficient agreement by in the open season notice ‘‘[a]ll other reasonable access to those shippers interested parties that the open season information that may be relevant to the whose circumstances prohibit them information is sufficient, we may accept open season, including information it as satisfying the statutory from participating during the pertaining to the proposed service to be requirement. established open season period. offered, projected pipeline capacity and Nonetheless, our expectation is that the ii. Open Season Technical Informational design, proposed tariff provision, and pipeline can and will be designed and Requirements cost projections, made available to or in the hands of any potential shipper, built to accommodate all qualified 56. Proposed § 157.34(b) lists the shippers who are ready to sign firm including any affiliates of the project information that any notice of open sponsor and any shippers with pre- agreements. On balance, this should be season for an Alaska natural gas of benefit to late-developing shippers subscribed capacity, prior to the transportation project must contain. The issuance of the public notice of open and at the same time provide the listed information includes technical season.’’ 21 sponsor with flexibility in the timing of information such as the route, the 59. Several commenters, including its open season. proposed receipt and delivery points, Anadarko, MidAmerican/AGTA, the 53. In light of the concerns expressed the size and design capacity, estimated North Slope Producers, Alliance, and by Alaska entities and Congress’ in-phase dates for expansion capacity, Enbridge found the NOPR’s listed mandate that Alaska in-state needs be delivery pressure, projected in-service information to be generally sufficient to given due consideration, we are adding date, estimated unbundled provide prospective shippers the to § 157.34 of the regulations a transportation rate, estimated cost of information needed to decide whether requirement that open season facilities and estimated cost of service, they to make binding, long-term information include an assessment of expected return on equity, negotiated commitments to purchase capacity on in-state needs, based to the extent rates and other rate options under an Alaska natural gas transportation possible on any available study consideration, quality specifications, project. However, several aspects of the performed by Alaska, and a listing of terms and conditions of service. In NOPR’s informational requirements prospective delivery points within addition, the list includes a detailed drew the attention of these commenters. Alaska. We are also adding a methodology for determining the value 60. Anadarko and Shell state that requirement that the open season of bids, the methodology by which limiting the sponsor’s obligation to information include a proposed in-state capacity will be awarded in the case of provide the information listed in the transportation rate, based on the costs of over-subscription, a clear statement of NOPR only ‘‘to the extent that such providing that service. This will give all terms that will be considered, information is known or determined at participants in an open season sufficient including price and contract term, and the time the notice is issued’’ creates a information to understand what required bid information. Other listed loophole, and this qualifying language capacity is proposed to be offered to information includes the form of a should be deleted from the regulations. entities within Alaska, where the project precedent agreement and time of According to Anadarko and Shell, a proponent proposes to make in-state execution of the precedent agreement, pipeline could avoid providing certain deliveries, and what the rates for in- and definition and treatment of non- vital information simply by claiming state service may be. To the extent conforming bids. that the information was not yet known possible, we intend that for this 57. The Commission recognized in the assessment to be made based on NOPR that a potential applicant for an 20 NOPR, proposed § 157.34(b). information provided by the state, so Alaska natural gas transportation project 21 Id., § 157.34(b)(17).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8277
or by holding the open season pipeline built for the foreseeable future expansion bidders which are able to prematurely. These commenters state to transport Alaska natural gas for satisfy the Pipeline’s creditworthiness that the open season regulations should delivery to markets in the lower 48 requirements and willing to execute require that for any binding open states. Alaska, Calpine, and the Alaska firm transportation agreements of season, pipelines include all the listed Legislators all state that more reasonable duration at maximum information in the notice. While certain information in the open season is recourse rates or demonstrate what physical characteristics of the pipeline needed to achieve optimal project technical or economic factors prevent will not be known until the pipeline is design parameters. Alaska has proposed such a design. built, the pipeline can include in the language to be included in the final 67. Alaska Legislators claim that notice the information upon which the regulations which includes feasibility ongoing collection and publication by open season proposal is based. and estimated cost of pipeline the pipeline of real-time information 61. Alliance suggests that the expansions, either through compression necessary for non-pipeline owners to Commission could reduce the risk of or looping, including any physical evaluate on an ongoing basis the any dispute over the adequacy of the limitations.22 Calpine also states that the potential for pipeline expansions is information contained in the notice by notice of open season should contain required. Alaska Legislators suggest making clear that the information information on the expandability of the alternative methods of accomplishing contained in the notice does not have to project’s design capacity, including the this. Either the pipeline should conduct reflect the finalized positions on all design capacity per stage of each periodic, non-binding open seasons, or elements at the time of notice of open expansion and method of achieving it should maintain a publicly-available season, and that a notice will not be expansions, and that rate estimates log or queue of capacity requests. In all invalidated by the absence of certain should cover rates for expansion stages events, Alaska Legislators state that the information. Additionally, Alliance (calculated on a rolled-in basis). Commission should also require that the recommends that the sponsors should 64. The North Slope Producers pipeline keep a regularly-updated be allowed to modify and update request that the Commission clarify that schedule on its website that includes: elements of their open season proposal proposed § 157.34(b)(6) does not require (1) Good faith estimates by the pipeline if such modification is acceptable to that capacity must be awarded on an operator as to the possible and probable prospective shippers. Alliance claims MMBtu basis. Their argument is that, expansion increments to at least twice that this approach was useful in its own because the gas transported may include the original design capacity of the then- open season. MidAmerican/AGTA, on higher-Btu components, such as existing pipeline; (2) pipe the other hand, feels that the above- ethanes, which will not ultimately show characteristics of the then-existing mentioned qualifying language was up as natural gas, Btu-based rates would pipeline, including wall thickness, reasonable. be unfair. Instead, they state that diameter, and metallurgy; (3) 62. However, MidAmerican/AGTA, capacity on an Mcf basis is typical for compressor descriptions (manufacturer together with the North Slope Producers similar pipelines. and model number, site rated and TransCanada, state that the catchall 65. ANGDA contends that the open horsepower and capacity, suction and provision requiring ‘‘all other season information should include discharge pressure and milepost information that may be relevant * * *’’ design requirements for two major gas locations of all existing and planned or is too broadly written. These trunkline interconnect points in Alaska. prospective compressor stations); (4) an commenters fear that the provision ANGDA adds that a single tariff clearly elevation profile of the then-existing might be abused by those seeking either would unduly discriminate against pipeline; (5) known limitations on to delay the process or to obtain intrastate Alaska shippers. potential receipt and delivery points proprietary information. The North 66. Looking beyond the initial open and a good-faith statement as to the Slope Producers are also concerned over season, Alaska and Alaska Legislators bases for those limitations; (6) any other protecting proprietary or commercially address in their comments additional known limitations that would constrain sensitive information. They contend information requirements needed for or preclude expansions and a good-faith that this catchall provision is not in line potential shippers to evaluate either statement as to the bases for those with the Commission’s policy against their own expansion needs or whether limitations; and (7) any other burdensome disclosure of commercially there is sufficient demand to support an expansion-related information of sensitive information. The North Slope economic expansion of an Alaska whatever nature which the pipeline Producers state that a notice containing natural gas transportation project. owners or operators have made the other sixteen types of information Alaska asserts that in addition to the available to potential shippers listed in the proposed regulations expanded information it proposes for (including any producing affiliates). already provides more information than initial expansions, a notice of open 68. DOI states that the Commission has been historically shared with season for expansion capacity should should not allow decisions regarding shippers. also include specific information the timing of open seasons to be left to 63. A number of comments on the identifying the location of the natural the sole discretion of the pipeline and proposed informational requirements gas reserves to which the pipeline its affiliates. Instead, DOI requests that focus on the need or desirability of relates, although Alaska would permit the Commission establish procedures including information that would the pipeline to seek a waiver of any for conducting future non- inform all proposed shippers with expansion information requirement it discriminatory open seasons that are respect to the expandability of the considers to be inapplicable. Alaska also reasonably responsive to ongoing proposed project. Many commenters states that the regulations should exploration and development activities. 69. The Commission did not intend to express, at one point or another in their provide that any voluntary expansion provide project sponsors with a reason comments, and all commenters design must either accommodate the not to provide necessary information by implicitly agree, that it is extremely capacity requests of all open season important to determine the original qualifying their obligation to provide sizing and future expandability of an 22 See Alaska’s December 17 Comments, at information in the open season ‘‘to the Alaska natural gas transportation Appendix, Proposed Open Season Regulations, extent that such information is known project, as it will likely be the only § 157.34(a)(5)(ix). or determined at the time the notice is
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8278 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
issued.’’ As noted above, this 72. The Commission is also modifying through the open season. The qualification was intended to recognize proposed § 157.34(b)(17) 23 to address Commission is requiring project that a potential Alaska pipeline project concerns that, as proposed, the applicants to create/designate a unit or applicant might find it necessary or regulations might be used to seek the division to conduct the open season. appropriate to initiate an open season disclosure of proprietary or The unit or division will be required to before some of the information can be commercially sensitive information. The function independent of the other non- determined. As an example, the purpose of the information-sharing regulated divisions of the project Commission described in the NOPR a requirement is to make sure that all applicant as well as the project situation where a prospective project interested parties are equally informed applicant’s Marketing and Energy sponsor first conducts a non-binding on matters essential to their decision Affiliates and subject to certain open season in order to gather whether to bid for capacity on the provisions of the Standards of Conduct. information and assess demand, and proposed project, with an eye toward Specifically, the following provisions of leveling the playing field between Order No. 2004 will apply to project thereafter, based on its evaluation of the affiliated shippers or others with prior applicants conducting an open season: response, conducts a second, binding knowledge of information to be separation of functions (18 CFR open season containing information contained in the open season notice and 358.4(a)(1), (3), (4), (5) and (6) and sufficiently detailed to permit all other potential shippers. Between the (b)(e)(3),(5) and (6) (2004)); information prospective shippers to enter into specific information identified in access (18 CFR 358.5(a) (2004)); binding precedent agreements. proposed § 157.24(b)(17), namely, information disclosure (18 CFR 358.5(b) 70. The Commission’s thinking at that information pertaining to the proposed (2004)); prohibitions against time was that the open season rules service to be offered, projected pipeline discrimination (18 CFR would apply to ‘‘non-binding’’ open capacity and design, proposed tariff 358.5(c)(5)(2004)) and discounts (18 seasons, and the above qualification provision, and cost projections, and all CFR 358.4(d)(2004). would have utility in such a situation. the items of information enumerated in 75. Under section 358.4(a)(1) of the However, we understand that it may be § 157.34(b), the Commission has, in Commission’s regulations, the difficult to draw distinctions between a essence, defined the information that all transmission function employees of a ‘‘non-binding’’ open season and some shippers will need to participate in an transmission provider must function other process of assessing interest in or open season for capacity on an Alaska independent of the transmission need for capacity to assist the project natural gas transportation project. provider’s Marketing affiliate or Energy sponsor in preparing a binding open Accordingly, we will delete the Affiliates’ employees. The employees season notice. Therefore, we are reference to ‘‘all of information that may who are part of the unit/division clarifying in the final rule that the open be relevant.’’ conducting the open season will be season regulations apply only to open 73. However, following review of the treated as transmission function seasons for binding commitments for comments, the Commission is employees and must function concerned that the informational independently. Applying the separation capacity. The Commission sees no requirements of § 157.34(b) alone might of functions requirement would entail utility or need in imposing the full array not be sufficient to prevent the that employees of a project applicant of these open season regulations on possibility of discrimination by a project who are involved in the open season activities leading up to a binding open applicant in favor of an affiliate of that may not also perform duties for the season. There are adequate protections applicant. The Commission’s goal is to Energy Affiliates or Marketing Affiliates built into the open season rules, prevent unduly discriminatory behavior (as defined in 18 CFR 358.3(d) and (k) including the obligation to disclose and limit the ability of a project (2004)) of that project applicant. This information, to address any applicant to unduly favor its affiliate. would prevent Energy Affiliates of the discriminatory and preferential 74. Therefore, in order to further the project applicant who participate in the practices through the Commission’s Commission’s goal of a non- open season from having the advantage oversight and enforcement capabilities. discriminatory open season, the of information or strategy that non- 71. Nonetheless, we understand that Commission is applying certain of the affiliated open season participants do optimal design requirements are Standards of Conduct requirements of not have. achieved as a result of an open season Order No. 200424 to all project 76. The applicable exemptions from and not in advance of it, and we still applicants conducting open seasons for the separation of functions would also foresee the possibility that a potential an Alaska natural gas transportation apply to permit the project applicant to project sponsor might find it necessary project because this will minimize the share various categories of employees, or appropriate to conduct an open risk that an affiliate of a project including: Support, field and season before all the information applicant would have an advantage over maintenance employees (section required to be contained in the open non-affiliates in obtaining capacity 358.4(a)(4)); senior officers and directors season notice can be determined. who are not ‘‘Transmission Function 23 See § 157.34(b)(18) of the final rule. Employees’’ (as defined by 18 CFR Therefore, we will clarify in the final 24 Standards of Conduct for Transmission 358.3(j)), provided that they do not rule that the notice of open season must Providers, Order No. 2004, FERC Stats. & Regs., participate in directing, organizing, or contain at a minimum, a good faith Regulations Preambles ¶ 31,155 (2003), order on executing transmission system estimate based on the best information reh’g, Order No. 2004–A, III FERC Stats. & Regs. ¶ 31,161 (2004), 107 FERC ¶ 61,032 (2004), order on operations or market functions or act as available of all items of required reh’g, Order No. 2004–B, III FERC Stats. & Regs. conduits for sharing prohibited information and that the project sponsor ¶ 31,166 (2004), 108 FERC ¶ 61,118 (2004), order on information with a Marketing or Energy must identify the source of information reh’g, Order No. 2004–C, 109 FERC ¶ 61,325 (2004) (Order No. 2004). Under Order No. 2004, for a Affiliate (§ 358.4(a)(5)); and risk relied on, explain why such information natural gas pipeline Transmission Provider, the management employees who are not is not presently known, and update the Standards of Conduct requirements do not apply engaged in transmission functions or information when and if it is later until 30 days after the Commission issues a sales or commodity functions. determined during the open season certificate allowing a project applicant to commence construction of an interstate natural gas 77. Consistent with § 358.4(e)(3) of the period. pipeline. Standards of Conduct, the Commission
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8279
will require each project applicant to applicant will not provided any providing that service, also be included. post on its Internet Web site its written preferences to affiliated participants. This should address ANGDA’s procedures describing how it complies 80. Finally, the application of the contention that the open season with the applicable provisions of Order discount provision of § 358.5(d), which information should include design No. 2004. The Commission also will requires a Transmission Provider to post requirements for two major gas require each project applicant to train an offer of a discount for transmission trunkline interconnect points in Alaska its employees involved in the open service at the time an offer is and that a single tariff clearly would season or part of the open season unit/ contractually binding, will ensure the unduly discriminate against intrastate division, officers, directors and transparency of the open season process Alaska shippers. employees with access to transportation and discourage undue preferences. We 84. Also as noted above, the North information or information concerning note that if an offer of a discount Slope Producers request that proposed gas purchases, sales or marketing becomes contractually binding through § 157.34(b)(6) clarify that it does not functions under § 358.4(e)(5). The the execution of a precedent agreement, require that capacity must be awarded project applicant must also designate a the offer must be posted at that time, not on an MMBtu basis. The Commission Chief Compliance Officer who will be at the time of the final agreement.25 clarifies that this provision was responsible for Standards of Conduct 81. Applying many of the functional intended to be a mandate that rates for compliance, as required by § 358.4(e)(6). separation, information access, an Alaskan pipeline will eventually In order to reduce the burden on project disclosure and non-discrimination have to be stated on a thermal basis, as applicants, the Commission will not provisions of Order No. 2004 to this is long-standing Commission policy. apply some of the posting requirements open season process will ensure that it However, the Commission understands of Order No. 2004 to the open season is conducted in a manner that is non- that at this stage of project development (e.g., posting organizational charts and discriminatory and provides equal for an Alaskan pipeline, it will be transfers of employees). However, access to all participants, particularly significantly more complex for project project applicants must be able to verify those not affiliated with the project sponsors to estimate rates and award that they have followed the applicants. If during or following the capacity on that basis given the unique organizational separation requirements. open season the Commission features of this project. Thus during the determines that the project applicant 78. The application of the information open season process, capacity may be has violated the terms of the Order No. access (18 CFR 358.5(a)) and disclosure described and rates may be estimated on 2004 requirements that we are making a volumetric basis. However, as was the (18 CFR 358.5(b)) requirements will applicable to the open season, the case in the two orders cited by the North ensure that employees of Marketing/ results of the open season with regard Slope Producers,26 the Commission has Energy Affiliates participating in the to the Energy Affiliates of that project found that pipelines can meet the Open Season would not have access to applicant may be voided and a new Commission’s objectives concerning the any transmission information that is not open season held for that capacity. statement of rates on a thermal basis by publicly available to non-affiliated 82. As noted above, a number of proposing methods of rate adjustment at participants and require that any commenters discuss the need for or a later time. If during the open season disclosure of non-public transmission desirability of requiring disclosure of process, a project sponsor chooses that information to a Marketing/Energy information relevant to the capacity will be described and has its Affiliate be immediately disclosed to all expandability of the project, both as rates estimated on a volumetric basis, other actual and potential open season proposed and on an ongoing basis. In then it must notify bidders that final pro participants by posting that information overseeing the open season process and forma service agreements and the on the project applicant’s Internet Web in processing and application for a sponsors proposed tariff will have to be site. See 18 CFR 358.5(b)(3). The certificate or other authority to construct submitted with rate calculated on a requirements for written consent before and operate an Alaska natural gas thermal basis. releasing non-affiliated customer transportation project, we will require information to a Marketing or Energy iii. Open Season Bid/Capacity that every reasonable effort be made to Allocation Methodology Affiliate and posting that consent on the design a project that meets current Internet would also apply for project needs for capacity, and accommodates 85. As stated above, the NOPR applicants. See § 358.5(b)(4). future needs for capacity through low- required that the notice of open season 79. The application of some of the cost expansion. The information contain a detailed methodology for non-discrimination requirements of identified in § 157.34(c)(2), together determining the value of bids,27 and the Order No. 2004 will broadly prohibit with the design and engineering methodology by which capacity will be discrimination by a project applicant information required as part of any awarded in the case of over- conducting an open season and limiting application for a certificate, should be subscription, clearly stating all terms its ability to unduly favor a Marketing/ sufficient to reasonably inform all that will be considered, including price Energy Affiliate. The applicable non- interested parties on matters involving and contract term.28 In addition, the discrimination provisions include: (1) the expandability of the project. NOPR required that capacity allocated Section 358.5(c)(3), which requires a 83. As noted above, we are providing as a result of any open season be Transmission Provider to process all that the open season information awarded without undue discrimination similar requests for transmission in the include an assessment of in-state needs, or preference of any kind.29 same manner and within the same based to the extent possible on any 86. The North Slope Producers period of time; and (2) § 358.5(c)(5), available study performed by Alaska, contend that the combination of the which prohibits transmission providers and a listing of prospective delivery from giving their Marketing or Energy points within Alaska. Moreover, we are 26 Alliance Pipeline L.P., 84 FERC ¶61,239 (1998); Affiliates any preference over any other Kern River Gas Transmission Co., 79 FERC ¶61,299 requiring that a proposed in-state (1997). wholesale customer in matters relating transportation rate, based on the costs of 27 FERC Stats. & Regs., Proposed Regulations, to the sale or purchase of transmission ¶32,577(2004), § 157.34(b)(13). service. In the context of an open 25 Order No. 2004–A, III FERC Stats. & Regs. 28 Id., § 157.34(b)(14). season, these provisions ensure a project ¶ 31,161 at p 227. 29 Id., § 157.35.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8280 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
mandatory non-discrimination/undue technical conference that, regarding Commission, not the pipeline applicant preference standard contained in the capacity allocation in the event of who will apply that criteria to any open NOPR’s § 157.35, the information oversubscription, small shippers should season claimed not to be in compliance disclosure requirements of § 157.34 (b), be favored, the North Slope Producers with this rule. In this regard, the and § 157.33’s provision that any argue that any preferential capacity Commission notes that NPV has been application for a certificate of public allocation methodology would be the standard, but not required, convenience and necessity for a discriminatory, anti-competitive, and methodology for evaluating bids in open proposed Alaska natural gas contrary to the NGA. The North Slope seasons under current Commission transportation project must show that Producers state that shipper support for policy. Although we are not mandating the applicant has conducted an open the project could be adversely affected that methodology here, we will examine season for capacity in accordance with if prospective shippers thought their carefully any methodology that varies the open season rules fulfills the commitments could be reduced. from those heretofore approved by the Commission’s responsibilities under the Moreover, they claim that any such Commission to ensure that such Act to establish the criteria for undue preference or discriminatory variations respond to the unique conducting an open season, including treatment to particular shippers or circumstances of an open season for an the procedures for the allocation of sources of gas is unnecessary since an Alaska project, and that they do not capacity. Northwest Industrials, expansion under section 105 of the Act discriminate against any shipper or TransCanada, MidAmerican/AGTA, and is available as a backstop for any class of shippers in the evaluation of the AGA all agree that the NOPR’s shipper. bids. We will now address specific proposed rules are appropriately 90. On the other hand, a number of issues. flexible and provide a reasonably fair comments are critical of the a. Caps on Contract Terms and open process that is consistent with Commission’s approach to addressing the Act’s directives. bid evaluations and allocation of 92. The Alaska Legislators, 87. The North Slope Producers stress capacity as represented in the NOPR. ChevronTexaco, Alaska, Anadarko, and that the most important, and first step Pacific Star, Alaska Legislators, Shell, Calpine all urge the Commission to to promoting competition in the ChevronTexaco, Anadarko, Alaska, establish some uniform cap on the term exploration, development and Calpine, Arctic Slope, Alaska Venture by which, under the NPV methodology, production of Alaska natural gas is to Capital/Brook Range, and Doyon all bids are evaluated. Calpine, for instance, get the Alaska natural gas transportation fault the Commission for not taking a proposes that the contract term for project built. They maintain that the pro-active approach in developing the purposes of bid evaluation be 30 years. Commission’s current policies of capacity allocation methodologies, and Anadarko states that any bid term or allocating capacity in an open season to instead leaving it to the pipeline to other terms and conditions that are customers who value it most, and of develop them. These commenters difficult, if not impossible, for all but a favoring net present value (NPV) as a contend that Congress specifically few preferred shippers to meet, should basis for awarding capacity will ensure instructed the Commission to detail the be prohibited if they are not critically that capacity will be awarded in a non- criteria to be used in awarding capacity, required to secure financing. discriminatory and economically and to do so in a manner which will Accordingly, Anadarko proposes a bid efficient manner. The North Slope promote competition in exploration, cap of 20 years or the length of the Producers assert that through these development and production of Alaska financing instrument. ChevronTexaco policies, pipelines and shippers will gas. and Alaska concur that a 20-year cap also be assured that only capacity that 91. In the NOPR, the Commission would be appropriate. is supported by the market and that is required that the notice of open season 93. The Alaska Legislators also argue economically viable will be constructed. contain a detailed methodology for that a uniform cap should be placed on 88. Additionally, the North Slope determining the value of bids,30 and that the term by which bids are evaluated. Producers assert that based on capacity allocated as result of any open Although they do not have a specific preliminary assessments, there will be season be awarded without undue cap term in mind, they claim that the enough initial pipeline capacity to discrimination or preference of any Commission should impose some bid accommodate all near-term production kind.31 We do not read section 103 of evaluation to prevent the major from other producers and explorers, in the Act to require that we define the producers from bidding unduly long addition to all production from Prudhoe methodology with the precision urged contract terms in order to squeeze out Bay and Point Thomson. Specifically, by those commenters who advocate a competitors. Recognizing that previous they state that it will require 50 Tcf of prescriptive regulatory approach. We efforts by the Commission to limit the gas to keep a 4 to 4.5 Bcf pipeline full remain confident, even more so now duration of contracts awarded in for 30 years. Moreover, the North Slope that we have the expanded scope of the Tennessee Gas Pipeline Company’s Producers expect that any Alaska regulatory text prohibiting undue open season did not survive judicial pipeline will be designed to be discrimination and undue preference, scrutiny, Alaska Legislators state that economically expandable to 6 Bcf/d, that the regulations being promulgated the circumstances surrounding an open which would accommodate an in this order fully comply with the season for an Alaska natural gas additional 15 Tcf over 30 years. directives as well as the intent of the transportation project are quite different 89. At the same time, the North Slope Act. Although the Commission is from the circumstances associated with Producers contend that while it is in a permitting prospective applicants the Tennessee, a pipeline in the lower 48 pipeline’s interest to build a pipeline flexibility to establish the details of the states. These distinctions, they assert, designed to carry all the gas shippers are bid evaluation methodology, any such satisfy the concerns that the Court had willing to pay to transport, the costs of methodology must meet the criteria in Process Gas Consumers Group v. unused new capacity imposes certain imposed in this rule prohibiting undue FERC (Process Gas).32 limitations on just how much initial discrimination, and it is the 94. The Alaska Legislators point out capacity the pipeline can build for a that in the case of an Alaska natural gas project to be economically viable. In 30 Id., § 157.34(b)(13). response to suggestions made at the 31 Id., § 157.35. 32 177 F.3d 995 (DC Cir. 1999).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8281
transportation project open season, it 97. Concerns over length-of-the-pipe Calpine’s requests regarding limitations would be the bid evaluation that is versus in-state bids are misplaced in the on the amount of capacity bid and being limited, not the contract term context of NPV for a new pipeline such multiple bids from affiliates. Although itself, as was the case in Process Gas. as any Alaska natural gas transportation we are not prohibiting all such bids, we Second, they assert that the parties in project. The primary purpose of the will examine closely any such bids to Process Gas were debating the duration open season process is to determine the determine whether they are soundly of the cap, not the need for any cap to appropriate size of the initial pipeline. based on satisfying the legitimate needs counter affiliates’ attempts to obtain In-state capacity bids will not result in of the bidder, or whether they are made capacity through unjustifiably long bids. stranded capacity, as can be the case to ‘‘game’’ the open season process. Third, they say, the Commission, on with capacity sales on an existing c. Capacity Allocation in Case of remand, concluded that open season pipeline. We agree with the Alaska Oversubscription caps in Tennessee’s tariff were not Legislators. The purpose of the in-state required to protect captive customers capacity bids will be to determine 100. On the subject of allocating because market forces dictate that whether and to what extent there is capacity in the event qualified bids for pipelines have greater incentive to build interest in developing a telescoped capacity exceed the amount of design new capacity to serve all demand, than pipeline to service Alaskan needs in the capacity, a number of comments fault to create scarcity by withholding initial capacity allocation. The revised the Commission for not proposing capacity. On this point, Alaska regulations require that the open season requirements that will encourage Legislators contend that monopoly include an estimated transportation rate exploration and development for yet to forces rather than market forces control for in-state deliveries, as well as a be discovered Alaska gas resources. This the climate in Alaska, and that a methodology for determining the value group includes Pacific Star, the Alaska producer-owned pipeline would indeed of bids for in-state deliveries and for Legislators, ChevronTexaco, Alaska be disinclined to assist competing deliveries outside of the State of Alaska. Venture Capital/Brook Range, Alaska, producers by affording them capacity on 98. Other topics raised in the Anadarko,. Shell and Doyon. Consistent the pipeline. comments include Anadarko’s with their view that the Commission 95. The Commission is not persuaded suggestion that prepayments are must take a pro-active approach and that any cap on contract term bids is unnecessary since the pipeline sponsor adopt detailed rules regarding critical necessary or appropriate at this time. may already be the recipient of an $18 elements of open season, Alaska Other than general concerns of affiliate billion loan guarantee. Anadarko also Legislators contend that the rules abuse, the comments have provided no claims that since prepayments would be governing capacity allocation in the factual predicate which would warrant much less burdensome to the major event of oversubscription must provide the Commission to deviate from current North Slope producers than to others, that small shippers will not be subject Commission policy, which is to not they are unduly preferential and should to proration. Alaska Legislators claim impose limits on bid terms. However, be prohibited. ChevronTexaco requests that a pro rata basis of capacity the Commission will be reviewing the that the regulations expressly provide allocation is not appropriate for an results of any open season processes to that, in the event more than one sponsor Alaska pipeline, especially a producer- determine the appropriateness of any group conducts an open season for an owned pipeline. They assert that the unusually long contract terms (e.g., a Alaska natural gas transportation producers’ control over the pipeline term exceeding the projected life of the project, bidders may bid on the must be countered by regulations pipe) to determine whether shippers competing proposals. Calpine adds that favoring access to capacity by multiple, incorporated them in their bids to bids should not exceed the amount of smaller-volume shippers over single, obtain capacity allocation. For example, the proposal’s design capacity, and that large-volume shippers. Alaska it would be in a prospective shipper’s affiliates should be prohibited from Legislators state that by providing as economic interest to seek a contract making multiple bids, so that there is many shippers as possible all of the term that would be sufficient to allow only one bid from each entity. capacity they request, those with market the recovery of its revenues. However, it 99. Although the loan guarantee power will be encouraged to ensure that would not be in a shipper’s economic under the Act will certainly facilitate there is enough capacity for their interest to bid for capacity beyond its the sponsor’s ability to obtain financing, requirements as well. projected reserve’s life because it would it cannot be said that such guarantee 101. ChevronTexaco claims that in expose the shipper to reservation obviates the need for creditworthiness order for any open season to be fairly charges it may not be able to recover. standards or prepayment requirements and reasonably conducted, any project where reasonably necessary. that is too small to accommodate all b. In-state Capacity Bids Consequently, we will not prohibit nominated volumes should be 96. The Alaska Legislators state that prepayments as urged by Anadarko. redesigned, if possible. ChevronTexaco bids for in-state capacity, with lower Such standards must be included in the states that if the project cannot be NPV as a consequence of mileage-based information contained in the notice, and redesigned upward, the next step would rates, cannot fairly compete with bids as such, are subject to the requirement require that the bidders prove their for transportation over the full length of that there be no undue discrimination or access to gas supply to support their the pipeline. Consequently, in order for undue preference in the terms or bids. After that, any unsupported bids bids for Alaska deliveries to compete conditions of service. ChevronTexaco’s would be allocated on a pro rata basis. with deliveries to the lower 48 states, request that the regulations expressly Doyon also recommends as a first step Alaska Legislators contend that the final provide that, in the event more than one that the sponsor upwardly revise the open season rules should contain a than one sponsor group conducts an project’s proposed capacity to mileage-based multiplier to bids for in- open season for an Alaska natural gas accommodate all, and if it cannot be state capacity. Alaska Venture Capital transportation project, bidders may bid done, all shippers would receive a pro also recognizes this potential problem, on the competing proposals is a rated minimum volume of capacity. but offers no solution other than calling reasonable one. We have included Similarly, Anadarko suggests that in on the Commission to address the appropriate language in the regulations. case of oversubscription, the sponsor problem with specific rules. Finally, the Commission takes note of should either revise upward the
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8282 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
proposed capacity to accommodate all the open seasons will be conducted. If addition to expedited complaint shippers or the pipeline should be so, the Commission asked whether the procedures, ChevronTexaco states that required to prorate capacity requests in proposals be filed for notice and open season disputes could be resolved a manner that does not comment, or for a decision or pre- by way of a declaratory order. disproportionately affect those shippers determination by the Commission that 107. ChevronTexaco also states that who do not have pre-subscribed such proposals conform to the the Commission should consider capacity. Finally, Alaska states that the regulations. The Commission concluded imposing Standards of Conduct-like Commission should require that all bids its inquiry on this subject by inviting requirements, such as guidelines for for 20 or more years at the maximum suggestions on what other procedures interstate transporters in Order No. rate be treated equally and pro rated if would be suitable to facilitate the 2004. Enbridge and the North Slope necessary. If all such bids can be expeditious resolution of objections or Producers are also satisfied that the accommodated but bids under 20 years concerns regarding any open season for Commission’s existing procedures are cannot, then NPV should be applied to an Alaska natural gas transportation sufficient to expeditiously resolve any award capacity to those bidders.33 project. complaints or disputes over the open 102. Just as the Commission required 104. The majority of commenters who season process. Alliance asserts that the that the notice of open season contain addressed the subject of requiring that best way to address disputes is to a detailed methodology for determining all open season proposals be pre-filed minimize them through clear and the value of bids, the Commission also with the Commission were of the unambiguous, yet flexible, rules. required in the NOPR that the opinion that such a requirement is 108. DOI believes that some form of prospective applicant state the unnecessary and could potentially delay oversight is needed and suggests that all methodology by which capacity will be or disrupt the whole open season proposals be filed and publicly awarded, clearly stating all the terms process. MidAmerican/AGTA and reviewed by the Commission or other that will be considered,34 and that TransCanada propose that, instead, the independent regulatory group. DOI capacity allocated as a result of any sponsor should have the option of states that the proposed rules are vague open season be awarded without undue requesting Commission preapproval, and some process should be developed discrimination or preference of any adding that such option should include to modify the rules to accommodate kind.35 Our justification and reasoning a 45-day comment period. changing circumstances in the future as in support of our approach to ChevronTexaco prefers that instead of they may arise. establishing criteria for purposes of bid mandatory prefiling requirements, 109. On balance, we conclude that it evaluation applies here as well. sponsors should be free to seek informal is in the public interest to require pre- Moreover, to further meet the concerns guidance from the Commission. Neither approval of open season procedures. expressed by parties who are worried Alliance, nor Anadarko, nor the North This will allow issues to be identified about obtaining access to an Alaska Slope Producers supports any advance and resolved at the earliest possible pipeline, we have added new §§ 157.36 pre-approval filing requirement or time, and, ideally, reduce the possibility and 157.37, which make clear that the procedure. of dissatisfaction with open seasons, as Commission will examine proposed 105. Alaska, on the other hand, well as the risk that the Commission pipeline designs, as well as expansion believes that it is better to resolve any will have to require that deficient open proposals, to ensure that all interested disputes involving the open season seasons be conducted again. Therefore, shippers are given a fair opportunity to process beforehand. To accomplish this, the regulations will require that project proponents file open season plans for obtain capacity both on an initial project Alaska proposes that the entire Commission approval. and on any voluntary expansion. As proposed open season package be filed 110. As detailed above, various stated elsewhere in this order, we with the Commission three months prior to opening date, and the approaches to resolving disputes over believe it is in both the sponsor’s and the open season process are suggested. shippers’ best interests to build the Commission should notice the filing for comments prior to a Commission On review, the Commission believes pipeline to accommodate all qualified that its current processes and shippers who are ready to sign firm determination on the sufficiency of the open season notice. procedures, combined with the pre- agreements. We will carefully review 106. Anadarko, ChevronTexaco, approval requirement, are sufficient to project design and the documentation Alliance, Enbridge, the North Slope resolve any disputes arising out of the relating to the allocation of capacity, Producers, and MidAmerican/AGTA all open season process, and in light of the with the goal of promoting our open stress the need for some form of dispute sense of urgency expressed in the access and pro-competition policies. resolution during the open season provisions of the Act, the Commission F. Prefiling Procedures process. Anadarko states that the open is providing in the final rule that any complaints alleging non-compliance 103. Another specific issue on which season rules should specify that the with this subpart shall be processed the Commission sought comment was Commission’s Fast Track Processing (18 under the Commission’s Fast Track whether it should require that CFR 385.206(h)) will apply to all procedures.36 However, the Commission prospective applicants for Alaska complaints regarding non-compliance does not find it necessary or appropriate natural gas transportation projects, with open season regulations. Moreover, as a rule to suspend the open season before conducting open seasons, file Anadarko maintains that the open season process should be suspended process during pendency of a Fast Track with the Commission proposals for how during pendency of the fast track 36 See 18 CFR 385.206(h) (2004). Normally, Fast 33 See Alaska’s comments, Appendix at complaint procedures in order to preserve the complainant’s rights to Track complaint processing must be requested and § 157.34(a)(3). As noted infra, Alaska also urges that supported by an explanation why expedited the regulations include a requirement that a sponsor acquire capacity. MidAmerican/AGTA processing is required. The Fast Track procedures must justify in its application the technical or and Alliance also refer to the include expedited filing of responsive pleadings, an economic factors that prevented it from designing order spelling out the schedule and procedures to the project to accommodate all qualified bidders. Commission’s Fast Track procedures as well as the Enforcement Hotline as be followed, including expedited action on the 34 See FERC Stats. & Regs., Proposed Regulations, pleadings, an expedited hearing before an ¶ 32,577(2004),§ 157.34(b)(14). useful, available procedures for administrative law judge, or expedited action on 35 Id., § 157.35. resolving open season complaints. In any particular relief sought.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8283
complaint in order to preserve the 113. Pacific Star and Alaska Venture ignores the fact that the need for complainant’s rights to acquire capacity, Capital state that the Commission expansion is the consequence of the as requested by Anadarko. The should give an early indication that it demands of all shippers. Alaska Commission anticipates that in most will support rolled-in rates for Legislators state that the Commission cases that might arise, the project expansions of any Alaska natural gas must balance the interests of the sponsor will be able to comply with a transportation project. Pacific Star states existing customers against interests of Commission order directing that it that it agrees with the statement at the other stakeholders in determining provide the capacity requested by a technical conference by TransCanada, whether or not pre-existing shippers prospective shipper who is found to be ANGDA, Anadarko, BLM, and MMS should get the benefit of rate decreases entitled to capacity. However, just as we that rate uncertainty will discourage for expansions that lower the average will not require that the open season be exploration and development and that per unit cost of transportation, but face suspended, nothing in this rule expansions of the pipeline could the possibility of rate increases that prohibits a complainant from present widely varying rate increase the average per unit cost of requesting, or the Commission granting, consequences. Pacific Star also states transportation. Alaska Legislators also such relief if necessary. that concerns over existing shippers’ note that the current Commission policy subsidizing rolled-in expansions should on expansion pricing was developed to G. Rate Treatment for Expansions be weighed against the facts that initial address pipeline to pipeline 111. As noted above, one of the issues shippers are benefiting from substantial competition, which will not arise in that received substantial attention in the subsidies through the $18 billion loan Alaska. pre-NOPR comments is whether the guarantee and a 7-year accelerated 116. In addition to arguing that Commission should require rolled-in depreciation. Alaska Venture Capital/ incremental rates operate to rate treatment for Alaska pipeline Brook Range similarly believes that the discriminate against expansion expansions. Although the NOPR’s Commission should give an early shippers, Alaska Legislators argue that proposed regulations are silent on this indication that it will support rolled-in the prospect of incremental rates will subject, the NOPR requested comment pricing under scenarios outside the also act to reduce competition and on whether, in the event the Commission’s existing policy, under impede the development of Alaska Commission issues regulations with which the Commission approves rolled- natural gas. Alaska Legislators state that respect to the Commission’s authority to in rates only where the rolled-in rate is exploration and development of Alaska require expansion of any Alaska natural equal to or less than the existing reserves requires a long lead-time due to recourse rate. According to Alaska seasonal restrictions and the remoteness gas transportation project, those 37 regulations should address the rate Venture Capital/Brook Range, a policy of the resource. Alaska Legislators treatment (rolled-in or incremental) of calling for different rates for similar contend that this long lead time makes any such expansion. services would place explorers and it difficult for an explorer to judge when smaller producers at a competitive it is feasible to commit to capacity on 112. Other than the North Slope disadvantage. This would, in turn, the pipeline. The result, state Alaska Producers and Alliance, there is much discourage exploration and Legislators, is that the explorers and support for rolling-in the costs of both development of Alaska natural gas, developers may be deterred from voluntary and involuntary expansions, contrary to the mandate of the Act. investing the large sums required to although there is disagreement about 114. TransCanada, MidAmerican/ drill for Alaska natural gas, when they when the issue should be resolved. AGTA, and DOI encourage the are unsure whether their future capacity ChevronTexaco states that the subject of Commission to adopt a rebuttable needs will be met at a time when appropriate rate treatment for presumption favoring rolled-in rates. inexpensive expansion through expansions is a subject deserving of TransCanada states that any shippers increased compression will be available, substantial, detailed consideration that concerned about the effect of such or whether the expansion they require should be addressed after dealing with treatment can seek to avoid it through would involve costly looping. The the more pressing task of issuing the negotiated rates. MidAmerican/AGTA Alaska Legislators also argue that open season rules. Northwest Industrial qualifies its support for this Canada has a long-standing policy of Gas Users also believes that the issue presumption by stating that the requiring rolled-in rates for expansions can be addressed later. Alaska agrees presumption should apply only to which could make exploration in that expansion pricing is a complex reasonably-engineered increments of Canada much more attractive to subject that should be examined mainline expansions supported by long- exploration and production companies. thoroughly, and asserts that instead of term contracts similar to those 117. Anadarko, also convinced that addressing the issue in this rulemaking, supporting the initial project. DOI states expansions under section 103 of the Act the Commission should issue a notice that rolled-in rate treatment is more must be priced on a rolled-in basis, regarding expansion rate treatment for equitable to future shippers, and that, argues that this is critical to avoid a rate Alaska natural gas transportation because Canada has adopted rolled-in structure or policy that discriminates on projects in early 2005. Alaska observes rates for expansions, it would provide the basis of time of entry onto the that the arguments in support of rolled- rate consistency for the entire system. pipeline. Anadarko maintains that it is in pricing are strong, but suggests that 115. Alaska Legislators, Anadarko, important to establish this requirement rolled-in pricing might not be Shell, Calpine, Arctic Slope, and Doyon in the initial open season process in appropriate in all circumstances. all contend that rolled-in pricing should order to inform those prospective Alliance believes that because the be required for pipeline expansions. shippers that their rates might increase appropriateness of rolled-in or Alaska Legislators contend that as expansions are rolled-in. Alaska incremental rate treatment for any incremental treatment for expansions Legislators provide a history of the expansion should be made on a fact- would discriminate against expansion specific basis, and not by rule that shippers who, merely because of the 37 Alaska Legislators refers to a statement made at predetermines, before the circumstances timing of their capacity needs, may pay the technical conference by Jeff Walker, of DOI’s Mineral Management Service that it takes at least of a given expansion are even known, higher rates than initial shippers. This, nine years for an exploration project to mature into how that expansion should be priced. according to the Alaska Legislators, production.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8284 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
Commission’s expansion rate policy, expansions would probably be only a future expansions of an Alaska natural varying over time in order to address little higher than the initial rates since gas transportation project, but we do different goals as deemed necessary to expansion costs would be borne by the take this opportunity to provide address changing market dynamics. In entire pipeline throughput. However, guidance on this important issue, as it short, Alaska Legislators assert that the the impact of incrementally-priced will assist participants in the initial current Commission policy favoring expansions on the incremental shippers, open season. We conclude that there incremental expansion rates seeks to which would be based entirely on the should be a rebuttable presumption in address issues of competing pipelines, incremental throughput quantities, favor of rolled-in pricing for project competitive markets, optimal would be very severe. expansions. Our existing lower-48 states construction, and protecting captive 120. Alliance and the North Slope policy favoring incremental rates for customers, all valid considerations of Producers assert that rates for expansion expansions does not apply in the case the market setting in the lower 48 states, should be determined on a fact-specific, of an Alaska natural gas transportation but wholly inapplicable to an Alaska case-by-case basis, not on a pre- project. There is likely to be only one natural gas transportation project or the determined, rolled-in basis under the Alaska pipeline, so there will be little or Alaska market. According to Alaska open season rules. The North Slope no opportunity for competition between Legislators, the Act instructs the Producers stress that absent information pipelines. Incremental pricing of Commission, through its open season regarding design, timing, and other expansion could put expansion shippers regulations, to focus on reducing project attributes, it would be at a significant rate disadvantage barriers, not to competitive markets, but inappropriate either to require or to compared with initial shippers, and rather, to entry in exploration and favor rolled-in rates. In addition, the accordingly could discourage development of Alaska natural gas. North Slope Producers point to section exploration, development and Alaska Legislators conclude that to 105(b)(1) of the Act wherein, they state, production of Alaska natural gas. achieve this mandated goal, the open Congress identified either rolled-in or Having markedly different rates for season regulations must be revised to incremental rates as appropriate for similar service could be in conflict with include rolled-in pricing as one of the mandatory expansions. They add that if one of the chief objectives of the statute, criteria for open seasons for pipeline rolled-in rates were made applicable to which is to encourage further expansions voluntary expansions in the final open exploration and development of Alaska 118. Shell and Calpine also argue that season rule, the result would be that natural gas. On the other hand, Commission’s 1999 pricing policy for such expansions would become consistent with the arguments of a expansions has no application to the involuntary and they would be number of commenters, a presumption circumstances of an Alaska natural gas discouraged. in favor of rolled-in pricing may spur transportation project where there is no 121. Additionally, the North Slope investment in and development of element of pipeline competition or Producers state that the Commission’s Alaska reserves, and the ultimate preventing overbuilding. Shell is existing, fact-specific policy recognizes delivery of that gas to the lower 48 concerned that companies might not the risks inherent in major states. invest hundreds of millions in infrastructure projects and seeks to exploration and development costs if prevent uneconomic pipeline 124. We cannot at this point, without they may have to pay for expansions on expansions, as well as subsidization by a specific project proposal or the facts an incremental basis, while competitors existing customers, and should not be surrounding a proposed expansion benefited from earlier, inexpensive lightly discarded. Responding to the before us, define exactly what will be expansion. Calpine stresses that since assertion that the NEB requires rolled-in required to overcome the presumption. an Alaska natural gas transportation rates for Canadian expansions, the As a general matter, we have historically project will be called to transport all North Slope Producers state that not favored requiring existing shippers Alaska gas, not just gas from Prudhoe although NEB has adopted rolled-in to subsidize the rates of new shippers. Bay and Point Thomson reserves, a rates in expansion cases, NEB addresses We do not intend to discard this larger picture is required in assessing the issue on a case-by-case basis. principle, but rather to indicate that we any policy against subsidization. 122. Finally, the North Slope will not lightly authorize expansion Calpine maintains that an Alaska Producers claim that explorers do not rates that would have an unduly pipeline should be viewed as a 10 require absolute rate certainty in order negative impact on the exploration and Bcf/d pipeline that will be built, in to decide whether to participate in open development of Alaska reserves. phases, over time, as opposed to a 4.5 seasons; an anticipated range that Witnesses at the technical conference Bcf pipeline that might be expanded supports future economics is sufficient. acknowledged that defining from time to time. Under this picture, On the other hand, the North Slope subsidization is difficult without shippers on the first phase facilities will Producers state that initial shippers who specific facts to review, and that fact benefit from lower initial rates due to fear that they may be called on to was restated in several of the comments the Act’s loan guarantees, however the subsidize future shippers may not bid filed. We agree. But a basic observation Act was not only concerned with for initial capacity. In this connection, may be useful here. For example, a facilitating the development of a project the North Slope Producers contend that rolled-in expansion rate that is less than that carries Prudhoe Bay and Point one of the Commission’s goals is to or equal to the rate paid by the initial Thomson production to market, but also protect captive customers from rate shippers would not be considered a the development and transportation of increases arising from costs unrelated to subsidy. Whether a rolled-in expansion Alaska’s unproven reserves. their service, resulting in rate rate that is higher than original rates is 119. Arctic Slope is also concerned uncertainty and increased contractual a ‘‘subsidy’’ is a question that that unless rolled-in rates are mandated, risk.38 necessarily would have to be reviewed there may never be an expansion of the 123. In this rule, the Commission does in the context of a future NGA section pipeline beyond capacity created not adopt a firm pricing policy for 7 filing. At that time, Pacific Star’s through infill compression and added arguments relating to whether the compression horsepower. Arctic Slope 38 See, e.g., Transcontinental Gas Pipe Line Corp., Federal government’s loan guarantees estimates that rolled-in rates for 106 FERC ¶ 61,299 (2004). and accelerated depreciation amount to
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8285
a ‘‘subsidy’’ of initial shippers’ rates applicants from tying receipt of capacity prospective shippers to process or treat may be raised. to taking ancillary services, such as gas their gas at any designated facility. The 125. In conclusion, to provide conditioning, treating, or processing. Commission is satisfied that it can guidance to potential shippers in TransCanada simply states that it has no address any other discriminatory advance of the initial open season that objection to proscription of tying. conduct in connection with gas quality is the subject of this rule, the 127. DOI and MidAmerican/AGTA requirements or other ancillary services Commission intends to harmonize both agree that rates for ancillary services through the provisions of § 157.35 in objectives (rate predictability for initial should not be bundled with conjunction with existing Commission shippers and reduction of barriers to transportation rates. However, DOI policies and procedures. future exploration and production) in contends that the State of Alaska should Information Collection Statement designing rates for future expansions of address the need for rules concerning any Alaska natural gas transportation non-discriminatory access to gathering 129. The Office of Management and project. It is consistent with our guiding and other production-related facilities, Budget (OMB) regulations require that principle that competition favors all of whereas MidAmerican/AGTA claims OMB approve certain reporting, the Commission’s customers, as well as that the Commission should assert and recordkeeping, and public disclosure with the objectives of the Act, to adopt jurisdiction over gas treatment plants (collections of information) imposed by rolled-in rate treatment up to the point and require separate open seasons and an agency.39 The following information that would cause there to be a subsidy cost-based tariff structures for gas collection requirements contained in of expansion shippers by initial processing. On the other hand, the this final rule are being submitted to the shippers, if any subsidy were to be North Slope Producers contend issues of Office of Management and Budget found. tying or bundling of services can be (OMB) for review under section 3507(d) 126. Anadarko states that the open dealt with through established of the Paperwork Reduction Act of season regulations must prohibit Commission processes and policies at 1995.40 The Commission identifies the pipelines from bundling ancillary the appropriate time, and need not be information disclosed under part 157 as services with transportation. In addressed in the open season. Alliance FERC–537. The Commission has particular, Anadarko is concerned that views the tying issue in the context of submitted this information collection to sponsors might include in a tariff and an requiring designated downstream OMB for review and clearance under open season the bundled cost of a gas capacity, and suggests that as a practical emergency processing procedures.41 conditioning plant that would extract matter, that should not be prohibited. 130. The Commission did not receive CO2 despite the fact that such extraction 128. The Commission is stating in the specific comments concerning its would not be required of gas from many final rule at § 157.34(c)(6) that the open burden estimates and uses the same new Alaska gas fields which likely will season notice must contain an estimates here in the Final Rule. be of pipeline quality. MidAmerican/ unbundled transportation rate. Comments on the substantive issues AGTA and Enbridge agree that the open Moreover, § 157.34(c)(10) prohibits a raised in the NOPR are addressed season process should preclude prospective applicant from requiring elsewhere in the Final Rule.
Number of Number of Hours per Total annual Data collection respondents responses response hours
FERC–537 ...... 0 1 80 2,400
Totals ...... 2,400
Total Annual Hours for Collection: Frequency of Responses: One-time Director, (202) 502–8415, fax: (202) 273– 2400 hrs. These are mandatory implementation. 0873), e-mail: [email protected]. information collection requirements. 131. Necessity of Information: On For submitting comments concerning Information Collection Costs: The October 13, 2004, Congress enacted the the collection of information and the Commission sought comments on the Alaska Natural Gas Pipeline Act. associated burden estimate(s) including cost to comply with these requirements. Section 103(e) (1) of the Act directs the suggestions for reducing this burden, No comments were received. The Commission to issue regulations within please send your comments to the Commission is projecting the average 120 days from the enactment of the Act. contact listed above and to the Office of Congress and the Commission consider annualized cost for all respondents to be Management and Budget, Room 10202 × the issuance of these regulations to be $139,000 (2400 $58.00). NEOB, 725 17th Street, NW., Title: FERC–537 ‘‘Gas Pipeline of critical importance to the Certificates: Construction, Acquisition construction and development of and Washington, DC 20503 (Attention: Desk and Abandonment.’’ access to Alaska natural gas Officer for the Federal Energy Action: Proposed Information transportation projects. The Regulatory Commission, (202) 395– Collection. Commission must issue a final rule by 4650, fax: (202) 395–7285). OMB Control Nos.: 1902–0060. The February 10, 2005. Environmental Analysis applicant shall not be penalized for 132. Interested person may obtain failure to respond to this collection of information on the reporting 133. The Commission is required to information unless the collection of requirements by contacting the prepare an Environmental Assessment information displays a valid OMB following: Federal Energy Regulatory or an Environmental Impact Statement control number. Commission, 888 First Street, NE., for any action that may have a Respondents: Business or other for Washington, DC 20426 (Attention: significant adverse effect on the human profit. Michael Miller, Office of the Executive
39 5 CFR 1320.11. 40 44 U.S.C. 3507(d). 41 5 CFR 1320.13.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8286 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
environment.42 No environmental 1–866–208–3676 (toll free) or (202) 502– on Alaska natural gas transportation consideration is raised by the 6652 (e-mail at projects, as defined herein. promulgation of a rule that is procedural [email protected]), or the in nature or does not substantially Public Reference Room at (202) 502– § 157.31 Definitions. change the effect of legislation or 8371, TTY (202) 502–8659 (e-mail at (a) ‘‘Alaska natural gas transportation regulations being amended.43 The final [email protected]). project’’ means any natural gas pipeline rule establishes requirements governing system that carries Alaska natural gas to the conduct of open seasons for Effective Date the international border between Alaska proposals to construct Alaska natural 139. These regulations are effective and Canada (including related facilities gas transportation projects and does not May 19, 2005. subject to the jurisdiction of the substantially change the effect of the 140. The Commission has determined, Commission) that is authorized under underlying legislation or regulations with the concurrence of the the Alaska Natural Gas Transportation being revised. Administrator of the Office of Act of 1976 or section 103 of the Alaska Information and Regulatory Affairs of Natural Gas Pipeline Act. Regulatory Flexibility Act Certification OMB, that this final rule is not a major (b) ‘‘Commission’’ means the Federal 134. The Regulatory Flexibility Act of rule as defined in Section 351 of the Energy Regulatory Commission. 1980 (RFA) 44 generally requires a Small Business Regulatory Enforcement (c) ‘‘Voluntary expansion’’ means any description and analysis of final rules Fairness Act of 1996. expansion in capacity of an Alaska that will have significant economic natural gas transportation project above List of Subjects in 18 CFR Part 157 impact on a substantial number of small the initial certificated capacity, entities. The Commission is not Administrative practice and including any increase in mainline required to make such an analysis if a procedure, Natural gas, Reporting and capacity, any extension of mainline rule would not have such an effect. recordkeeping requirements. pipeline facilities, and any lateral 135. The Commission concludes that By the Commission. pipeline facilities beyond those this final rule would not have such an Magalie R. Salas, certificated in the initial certificate impact on small entities. Most Secretary. order, voluntarily made by the pipeline. companies regulated by the Commission An expansion done pursuant to section n do not fall within the RFA’s definition In consideration of the foregoing, the 105 of the Alaska Natural Gas Pipeline of a small entity.45 Commission amends part 157, chapter I, Act is not a voluntary expansion. title 18, Code of Federal Regulations, as Document Availability follows. § 157.32 Applicability. 136. In addition to publishing the full These regulations shall apply to any PART 157—APPLICATIONS FOR text of this document in the Federal application to the Commission for a CERTIFICATES OF PUBLIC Register, the Commission provides all certificate of public convenience and CONVENIENCE AND NECESSITY AND interested persons an opportunity to necessity or other authorization for an FOR ORDERS PERMITTING AND view and/or print the contents of this Alaska natural gas transportation APPROVING ABANDONMENT UNDER document via the Internet through project, whether filed pursuant to the SECTION 7 OF THE NATURAL GAS FERC’s Home Page (http://www.ferc.gov) Natural Gas Act, the Alaska Natural Gas ACT and in FERC’s Public Reference Room Transportation Act of 1976, or the during normal business hours (8:30 a.m. n 1. The authority citation for part 157 Alaska Natural Gas Pipeline Act, and to to 5 p.m. Eastern time) at 888 First continues to read as follows: applications for expansion of such Street, NE., Room 2A, Washington DC projects. Absent a Commission order to 20426. Authority: 15 U.S.C. 717–717w, 3301– 3432; 42 U.S.C. 7101–7352; 1331–1356. the contrary, these regulations are not 137. From FERC’s Home Page on the applicable in the case of an expansion Internet, this information is available in n 2. Subpart B is added to part 157 to ordered by the Commission pursuant to the Commission’s document read as follows: section 105 of the Alaska Natural Gas management system, eLibrary. The full Subpart B—Open Seasons for Alaska Pipeline Act. text of this document is available on Natural Gas Transportation Projects eLibrary in PDF and Microsoft Word § 157.33 Requirement for open season. format for viewing, printing, and/or Sec. (a) Any application for a certificate of 157.30 Purpose. downloading. To access this document 157.31 Definitions. public convenience and necessity or in eLibrary, type the docket number 157.32 Applicability. other authorization for a proposed excluding the last three digits of this 157.33 Requirement for open season. Alaska natural gas transportation project document in the docket number field. 157.34 Notice of open season. must include a demonstration that the 138. User assistance is available for 157.35 Undue discrimination or preference. applicant has conducted an open season eLibrary and the FERC’s Web site during 157.36 Open season for expansions. for capacity on its proposed project, in normal business hours. For assistance, 157.37 Project design. accordance with the requirements of please contact FERC Online Support at 157.38 Prefiling procedures. this subpart. Failure to provide the 157.39 Rate treatment for pipeline requisite demonstration will result in an expansions. 42 Order No. 486, Regulations Implementing the application being rejected as National Environmental Policy Act, 52 FR 47897 incomplete. (Dec. 17, 1987), FERC Stats. & Regs. Preambles Subpart B—Open Seasons for Alaska 1986–1990 ¶ 30,783 (1987). Natural Gas Transportation Projects (b) Initial capacity on a proposed 43 18 CFR 380.4(a)(2)(ii) (2004). Alaska natural gas transportation project 44 5 U.S.C. 601–612. § 157.30 Purpose. may be acquired prior to an open season 45 5 U.S.C. 601(3), citing to section 3 of the Small This subpart establishes the through pre-subscription agreements, Business Act, 15 U.S.C. 623. Section 3 of the Small procedures for conducting open seasons provided that in any open season as Business Act defines a ‘‘small-business concern’’ as a business which is independently-owned and for the purpose of making binding required in paragraph (a) of this section, operated and which is not dominant in its field of commitments for the acquisition of capacity is offered to all prospective operation. initial or voluntary expansion capacity bidders at the same rates and on the
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8287
same terms and conditions as contained (2) Size and design capacity (12) Creditworthiness standards to be in the pre-subscription agreements. All (including proposed certificate capacity applied to, and any collateral pre-subscription agreements shall be at the delivery points named in requirements for, prospective shippers; made public by posting on Internet Web paragraph (c)(1) of this section to the (13) The date, if any, by which sites and press releases within ten days extent that it differs from design potential shippers and the prospective of their execution. In the event there is capacity), a description of possible applicant must execute precedent more than one such agreement, all designs for expanded capacity beyond agreements; prospective bidders shall be allowed the initial capacity, together with any (14) A detailed methodology for option of selecting the terms rates, terms estimated date when such expansions determining the value of bids for and conditions contained in any one of designs may be considered; deliveries within the State of Alaska and the several agreements. (3) Maximum allowable operating for deliveries outside the State of Alaska; § 157.34 Notice of open season. pressure and expected actual operating pressure; (15) The methodology by which (a) Notice. A prospective applicant (4) Delivery pressure at all delivery capacity will be awarded, in the case of must provide reasonable public notice points named in paragraph (c)(1) of this over-subscription, clearly stating all of an open season, at least 30 days prior section; terms that will be considered, including to the commencement of the open (5) Projected in-service date; price and contract term. If capacity is season, through methods including (6) An estimated unbundled oversubscribed and the prospective postings on Internet Web sites, press transportation rate for each delivery applicant does not redesign the project releases, direct mail solicitations, and to accommodate all capacity requests, other advertising. In addition, a point named in paragraph (c)(1) of this section, stated on a volumetric or only capacity that has been acquired prospective applicant must provide through pre-subscription or was bid in actual notice of an open season to the thermal basis, for each service offered, including reservation rates for pipeline the open season on the same rates, State of Alaska and to the Federal terms, and conditions as any of the pre- Coordinator for Alaska Natural Gas capacity, interruptible transportation rates, usage rates, fuel retention subscription agreements shall be subject Transportation Projects. to allocation on a pro rata basis; no (b) In-State Needs Study. A percentages, and other applicable charges, or surcharges, such as the capacity acquired through the open prospective applicant must conduct or season shall be allocated. adopt a study of gas consumption needs Annual Charge Adjustment (ACA); (if rates are estimated on a volumetric basis (16) Required bid information, and prospective points of delivery whether bids are binding or non- within the State of Alaska and rely upon then the notice must inform bidders that final pro forma service agreements and binding, receipt and delivery point such study to develop the contents of requirements, the form of a precedent the notice required in paragraph (a) of the sponsor’s proposed FERC tariff will have to be submitted with rates based agreement and time of execution of the this section. Such study shall be precedent agreement, definition and identified in the notice and if on a thermal basis.) (7) The estimated cost of service (i.e., treatment of non-conforming bids; practicable, shall include or consist of a (17) The projected date for filing an estimated cost of facilities, depreciation, study conducted, approved, or application with the Commission; otherwise sanctioned by an appropriate rate of return and capitalization, taxes (18) All information pertaining to the governmental agency, office or and operational and maintenance proposed service to be offered, projected commission of the State of Alaska. In its expenses), and estimated cost pipeline capacity and design, proposed open season proposal, a prospective allocations, rate design volumes and tariff provisions, and cost projections, applicant shall include an estimate rate design; made available to or in the hands of any based upon the study, of how much (8) Based on the In-State Study and potential shipper, including any capacity will be used in-state. the delivery points within the State of affiliates of the project sponsor and any (c) Contents of notice. Notice of the Alaska identified in paragraph (c)(1) of shippers with pre-subscribed capacity, open season required in paragraph (a) of this section, there must be an estimated prior to the issuance of the public notice this section, shall contain at least the transportation rate for such deliveries, of open season; following information; however, to the based on the amount of in-state needs (19) A list of the names and addresses extent that any item of such information shown in the study. Such estimated of the prospective applicant’s affiliated is not known or determined at the time transportation rate must be based on the sales and marketing units and Energy the notice is issued, the prospective costs to make such in-state deliveries Affiliates involved in the production of applicant shall make a good faith and shall not include costs to make natural gas in the State of Alaska. estimate based on the best information deliveries outside the State of Alaska; Affiliated unit means ‘‘Affiliate’’ as available of all such unknown or (9) Negotiated rate and other rate applicably defined in § 358.3(b) of this undetermined items of required options under consideration, including chapter. Energy Affiliate means ‘‘Energy information and further, must identify any rate amounts and terms of any Affiliate’’ as applicably defined in the source of information relied on, precedent agreements with prospective § 358.3(d) of this chapter; explain why such information is not anchor shippers that have been (20) A comprehensive organizational presently known, and update the negotiated or agreed to outside of the charts showing: information when and if it is later open season process proscribed herein; (i) The organizational structure of the determined during the open season (10) Quality specifications and any prospective applicant’s parent period: other requirements applicable to gas to corporation(s) with the relative position (1) The general route of the proposed be delivered to the project; provided in the corporate structure of marketing project, including receipt and delivery that a prospective applicant shall not and sales units and any Energy points, and any alternative routes under require that potential shippers process Affiliates involved in the production of consideration; delivery points must or treat their gas at any designated plant natural gas in the State of Alaska. include those within the State of Alaska or facility; (ii) The job titles and descriptions, as determined by the In-State Study in (11) Terms and conditions for each and chain of command for all officers paragraph (b) of this section. service offered; and directors of the prospective
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8288 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
applicant’s marketing and sales units undue discrimination or preference of offer a reasonable opportunity for access and any Energy Affiliates involved in any kind. to the project. the production of natural gas in the (b) Any complaint filed pursuant to State of Alaska; and § 385.206 of this chapter alleging non- § 157.38 Prefiling procedures. (21) A statement that any officers and compliance with any of the No later than 90 days prior to directors of the of the prospective requirements of this subpart shall be providing the notice of open season applicant’s affiliated sales and processed under the Commission’s Fast required by § 157.34(a), a prospective marketing units and Energy Affiliates Track Processing procedures contained applicant must file, for Commission involved in the production of natural in § 385.206(h). approval, a detailed plan for conducting gas in the State of Alaska named in (c) Each project applicant conducting an open season in conformance with paragraph (c)(19) of this section will be an open season under this subpart must these regulations. Upon receipt of a prohibited from obtaining information create or designate a unit or division to request for such a determination, the about the conduct of the open season or conduct the open season that must Secretary of the Commission shall issue allocation of capacity that is not posted function independent of the other a notice of the request, which will then on the ‘‘open season’’ Internet website divisions of the project applicant as well be published in the Federal Register. or that is not otherwise also available to as the project applicant’s Marketing and The notice shall establish a date on the general public or other participants Energy affiliates as those terms are which comments from interested in the open season. defined in § 358.(d) and (k) of this persons are due and a date, which shall (d) Timing. chapter. be within 60 days of receipt of the (1) A prospective applicant must (d) Each project applicant conducting prospective applicant’s request unless provide prospective shippers at least 90 an open season under this subpart that otherwise directed by the Commission, days from the date on which notice of is not otherwise subject to the by which the Commission will act on the open season is given within which provisions of part 358 of this chapter the plan. to submit requests for transportation must comply with the following § 157.39 Rate treatment of pipeline services. No bid shall be rejected sections of that part: Sections 258.4(a)(1) expansions. because a prospective shipper has and (3); 358.4(e)(3), (4), (5), and (6); There shall be a rebuttable submitted another bid in another open 358.5(a), (b), (c)(3) and (5); and 358.5(d). presumption that rates for any season conducted under this subpart. The exemptions from § 358.4(a)(1) and (2) A prospective applicant must (3) set forth in § 358.4(a)(4), (5), and (6) expansion of an Alaska natural gas consider any bids tendered after the of this chapter also apply to each project transportation project shall be expiration of the open season by applicant conducting an open season determined on a rolled-in basis. qualifying bidders and may reject them under this subpart. Note: The following appendix will not only if they cannot be accommodated appear in the Code of Federal Regulations. due to economic, engineering or § 157.36 Open seasons for expansions. operational constraints, and a detailed Any open season for capacity Appendix explanation must accompany the exceeding the initial capacity of an Technical Conference Commenters Alaska natural gas transportation project rejection. Governor Frank H. Murkowski (3) Within 10 days after precedent must provide the opportunity for the U.S. Senator Lisa Murkowski agreements have been executed for transportation of gas other than Prudhoe State Representative Ralph Samuels capacity allocated in the open season, Bay or Point Thomson production. In State Senator Gene Therriault the prospective applicant shall make considering a proposed voluntary Tony Palmer, TransCanada public on the Internet and through press expansion of an Alaska natural gas Richard Guerrant, ExxonMobil releases the results of the open season, pipeline project, the Commission will Ken Konrad, BP Alaska at least including the name of the consider the extent to which the Joe Marushack, ConocoPhillips expansion will be utilized by shippers Ron Brintnell, Enbridge prospective shipper, amount of capacity Bill Corbus, Commissioner, Alaska awarded, and term of agreement. other than those who are the initial Department of Revenue (4) Within 20 days after precedent shippers on the project and, in order to Mark Handley/Dave Anderson, Anadarko agreements have been executed for promote competition and open access to Tony Izzo, Enstar capacity allocated in the open season, the project, may require design changes Rick Mott, ConocoPhillips (as a shipper) the prospective applicant must submit to ensure that all who are willing to sign Tom Irwin, Commissioner, Alaska copies of all such precedent agreements long-term firm transportation contracts Department of Natural Resources to the Commission and copies of any that some portion of the expansion Jeff Walker, Minerals Management Service, relevant correspondence with bidders capacity be allocated to new shippers or Department of the Interior Colleen McCarthy, Bureau of Land for capacity who were not allocated shippers seeking to transport natural gas Management (BLM), Department of the capacity that identifies why such bids from areas other than Prudhoe Bay and Interior were not accepted (all documents Point Thomson. David Houseknecht, U.S. Geological Survey identified in this paragraph (d)(4) may Harold Heinze, ANGDA § 157.37 Project design. be filed under confidential treatment Jerry Isaac, Upper Tanana Intertribal pursuant to § 388.112 of this chapter if In reviewing any application for an Coalition desired. Alaska natural gas pipeline project, the Bob Sattler, Tanana Chiefs Conference Commission will consider the extent to Commenters in Response to NOPR § 157.35 Undue discrimination or which a proposed project has been preference. designed to accommodate the needs of Alaska Natural Gas Development Authority (a) All binding open seasons shall be shippers who have made conforming (ANGDA) Alaska Oil and Gas Conservation conducted without undue bids during an open season, as well as Commission (AOGCC) discrimination or preference in the the extent to which the project can Alaska Venture Capital Group LLC and Brook rates, terms or conditions of service and accommodate low-cost expansion, and Range Petroleum all capacity allocated as a result of any may require changes in project design Corporation (Alaska Venture Capital/Brook open season shall be awarded without necessity to promote competition and Range)
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8289
Alliance Pipeline, LP (Alliance) 401, Fairfield, NJ 07004, has informed Dated: February 8, 2005. American Gas Association (AGA) FDA of a change of address to 65 Steven D. Vaughn, Anadarko Petroleum Corporation (Anadarko) Challenger Rd., 3d floor, Ridgefield Director, Office of New Animal Drug Nels Anderson, Jr. (individual) Evaluation, Center for Veterinary Medicine. Arctic Slope Regional Corporation (Arctic Park, NJ 07660. Accordingly, the agency Slope) is amending the regulations in 21 CFR [FR Doc. 05–3177 Filed 2–17–05; 8:45 am] Ken Baker 1 510.600(c) to reflect the change. BILLING CODE 4160–01–S Alaska Representative Ethan Berkowitz This rule does not meet the definition BP Exploration (Alaska) Inc., ConocoPhillips of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Company, and Exxon Mobil Corporation DEPARTMENT OF HEALTH AND (North Slope Producers) it is a rule of ‘‘particular applicability.’’ HUMAN SERVICES Calpine Corporation (Calpine) Therefore, it is not subject to the ChevronTexaco Natural Gas, a Division of congressional review requirements in 5 Food and Drug Administration Chevron U.S.A. Inc. (ChevronTexaco) U.S.C. 801–808. Doyon Limited 21 CFR Part 520 Enbridge, Inc. (Enbridge) List of Subjects in 21 CFR Part 510 Legislative Budget and Audit Committee and Administrative practice and Oral Dosage Form New Animal Drugs; Indicated State Legislators (Alaska Sulfamethazine Sustained-Release Legislators) 2 procedure, Animal drugs, Labeling, Boluses; Change of Sponsor MidAmerican Energy Holdings Company and Reporting and recordkeeping Alaska Gas Transmission Company requirements. AGENCY: Food and Drug Administration, (MidAmerican/AGTA) HHS. Northwest Industrial Gas Users (Northwest n Therefore, under the Federal Food, Industrials) Drug, and Cosmetic Act and under ACTION: Final rule. Pacific Star Energy LLC (Pacific Star) authority delegated to the Commissioner SUMMARY: The Food and Drug B. Sachau, aka Jean Public (individual) of Food and Drugs and redelegated to the Shell USA (Shell) Administration (FDA) is amending the State of Alaska (Alaska) Center for Veterinary Medicine, 21 CFR animal drug regulations to reflect a TransCanada Pipeline Limited (TransCanada) part 510 is amended as follows: change of sponsor for a new animal drug U.S. Department of the Interior (DOI) application (NADA) from Boehringer U.S. Geological Survey 3 PART 510—NEW ANIMAL DRUGS Ingelheim Vetmedica, Inc. to Phoenix Scientific, Inc. [FR Doc. 05–3035 Filed 2–17–05; 8:45 am] n 1. The authority citation for 21 CFR BILLING CODE 6717–01–P part 510 continues to read as follows: DATES: This rule is effective February 18, 2005. Authority: 21 U.S.C. 321, 331, 351, 352, FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF HEALTH AND 353, 360b, 371, 379e. David R. Newkirk, Center for Veterinary HUMAN SERVICES n 2. Section 510.600 is amended in the Medicine (HFV–100), Food and Drug table in paragraph (c)(1) by revising the Administration, 7500 Standish Pl., Food and Drug Administration entry for ‘‘Phibro Animal Health’’ and in Rockville, MD 20855, 301–827–6967, e- mail: [email protected]. 21 CFR Part 510 the table in paragraph (c)(2) by revising the entry for ‘‘066104’’ to read as follows. SUPPLEMENTARY INFORMATION: New Animal Drugs; Change of Boehringer Ingelheim Vetmedica, Inc., § 510.600 Names, addresses, and drug Sponsor’s Address 2621 North Belt Hwy., St. Joseph, MO labeler codes of sponsors of approved 64506–2002, has informed FDA that it AGENCY: Food and Drug Administration, applications. has transferred ownership of, and all HHS. * * * * * rights and interest in, NADA 140–270 ACTION: Final rule. (c) * * * for Sulfamethazine Sustained Release Bolus to Phoenix Scientific, Inc., 3915 SUMMARY: The Food and Drug (1) * * * South 48th St. Terr., St. Joseph, MO Administration (FDA) is amending the 64503. animal drug regulations to reflect a Drug labeler This rule does not meet the definition Firm name and address code change of sponsor’s address for Phibro of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Animal Health. *****it is a rule of ‘‘particular applicability.’’ DATES: This rule is effective February Phibro Animal Health, 65 066104 Therefore, it is not subject to the 18, 2005. Challenger Rd., 3d congressional review requirements in 5 FOR FURTHER INFORMATION CONTACT: floor, Ridgefield Park, U.S.C. 801–808. NJ 07660 David R. Newkirk, Center for Veterinary List of Subjects in 21 CFR Part 520 Medicine (HFV–100), Food and Drug ***** Animal drugs. Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827–6967, e- (2) * * * n Therefore, under the Federal Food, mail: [email protected]. Drug and Cosmetic Act and under authority delegated to the Commissioner SUPPLEMENTARY INFORMATION: Phibro Drug labeler Firm name and address code of Food and Drugs and redelegated to the Animal Health, 710 Rte. 46 East, suite Center for Veterinary Medicine, 21 CFR ***** 1 part 520 is amended as follows: New River Community and Technical College, 066104 Phibro Animal Health, 65 Greenbrier Valley Campus. Challenger Rd., 3d 2 Representative Ralph Samuels, Chairman of the PART 520—ORAL DOSAGE FORM Alaska Legislative Budget & Audit Committee floor, Ridgefield Park, NEW ANIMAL DRUGS (separately). NJ 07660 3 Brenda Johnson, Office of Environmental Affairs *****n 1. The authority citation for 21 CFR Program. part 520 continues to read as follows:
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8290 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
Authority: 21 U.S.C. 360b. basis of approval is discussed in the DEPARTMENT OF HEALTH AND § 520.2260b [Amended] freedom of information summary. HUMAN SERVICES In accordance with the freedom of n 2. Section 520.2260b is amended in Food and Drug Administration paragraph (f)(1) by removing ‘‘000010’’ information provisions of 21 CFR part and by adding in its place ‘‘059130’’. 20 and 21 CFR 514.11(e)(2)(ii), a 21 CFR Part 524 summary of safety and effectiveness Dated: February 8, 2005. data and information submitted to Steven D. Vaughn, Ophthalmic and Topical Dosage Form support approval of this application New Animal Drugs; Gentamicin Director, Office of New Animal Drug may be seen in the Division of Dockets Evaluation, Center for Veterinary Medicine. Sulfate, Betamethasone Valerate, Management (HFA–305), Food and Drug [FR Doc. 05–3178 Filed 2–17–05; 8:45 am] Clotrimazole Ointment; Technical Administration, 5630 Fishers Lane, rm. Amendment BILLING CODE 4160–01–S 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through AGENCY: Food and Drug Administration, Friday. HHS. DEPARTMENT OF HEALTH AND ACTION: Final rule; technical HUMAN SERVICES The agency has determined under 21 amendment. CFR 25.33(a)(1) that this action is of a Food and Drug Administration type that does not individually or SUMMARY: The Food and Drug cumulatively have a significant effect on Administration (FDA) is amending the 21 CFR Part 522 the human environment. Therefore, animal drug regulations to reflect neither an environmental assessment approval of a supplemental abbreviated Implantation or Injectable Dosage nor an environmental impact statement new animal drug application (ANADA) Form New Animal Drugs; Trenbolone filed by Phoenix Scientific, Inc. The and Estradiol is required. This rule does not meet the definition supplemental ANADA provides for a AGENCY: Food and Drug Administration, of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because new container size, a 20-gram dropper HHS. it is a rule of ‘‘particular applicability.’’ bottle, from which gentamicin sulfate, betamethasone valerate, clotrimazole ACTION: Final rule. Therefore, it is not subject to the ointment may be administered for the congressional review requirements in 5 SUMMARY: The Food and Drug treatment of acute and chronic canine U.S.C. 801–808. Administration (FDA) is amending the otitis externa. The regulations are also animal drug regulations to reflect List of Subjects in 21 CFR Part 522 being amended to correct the approval of a supplemental abbreviated indications for use to agree with new animal drug application (ANADA) Animal drugs. approved product labeling. This action filed by Ivy Laboratories, Division of Ivy n Therefore, under the Federal Food, is being taken to improve the accuracy Animal Health, Inc. The supplemental Drug, and Cosmetic Act and under the of the regulations. ANADA provides for an additional dose authority delegated to the Commissioner DATES: This rule is effective February of trenbolone acetate and estradiol of Food and Drugs and redelegated to the 18, 2005. implant for use in feedlot heifers for FOR FURTHER INFORMATION CONTACT: increased rate of weight gain and Center for Veterinary Medicine, 21 CFR part 522 is amended as follows: Lonnie W. Luther, Center for Veterinary improved feed efficiency. Medicine (HFV 104), Food and Drug DATES: This rule is effective February PART 522—IMPLANTATION OR Administration, 7519 Standish Pl., 18, 2005. INJECTABLE DOSAGE FORM NEW Rockville, MD 20855, 301–827–8549, e- FOR FURTHER INFORMATION CONTACT: ANIMAL DRUGS mail: [email protected]. Lonnie W. Luther, Center for Veterinary SUPPLEMENTARY INFORMATION: Phoenix Medicine (HFV–104), Food and Drug n 1. The authority citation for 21 CFR Scientific, Inc., 3915 South 48th St. Ter., Administration, 7519 Standish Pl., part 522 continues to read as follows: St. Joseph, MO 64503, filed a Rockville, MD 20855, 301–827–8549, e- supplement to ANADA 200–287 for use Authority: 21 U.S.C. 360b. mail: [email protected]. of TRIPLEMAX (gentamicin sulfate, SUPPLEMENTARY INFORMATION: Ivy n 2. Section 522.2477 is amended by U.S.P.; betamethasone valerate, U.S.P.; Laboratories, Division of Ivy Animal revising paragraph (b)(1) to read as and clotrimazole, U.S.P. ointment) for Health, Inc., 8857 Bond Street, Overland follows: the treatment of acute and chronic Park, KS 66214, filed a supplement to canine otitis externa. The supplement ANADA 200–346. The supplemental § 522.2477 Trenbolone acetate and provides for a new container size, a 20- ANADA provides for the use of estradiol. gram dropper bottle. The supplemental COMPONENT TE–200 (trenbolone * * * * * ANADA is approved as of January 21, acetate and estradiol), a subcutaneous (b) * * * 2005, and the regulations are amended implant containing 200 milligrams (mg) in 21 CFR 524.1044g to reflect the trenbolone acetate and 20 mg estradiol (1) No. 021641 for products and uses approval. The basis of approval is in heifers fed in confinement for described in paragraph (d) of this discussed in the freedom of information slaughter for increased rate of weight section. summary. gain and improved feed efficiency. Ivy * * * * * The regulations are also being Laboratories’ COMPONENT TE–200 is Dated: February 8, 2005. amended to correct the indications for approved as a generic copy of Intervet, use to agree with approved product Inc.’s REVALOR–200, approved under Steven D. Vaughn, labeling. This action is being taken to NADA 140–992. The application is Director, Office of New Animal Drug improve the accuracy of the regulations. approved as of January 14, 2005, and the Evaluation, Center for Veterinary Medicine. In accordance with the freedom of regulations are amended in 21 CFR [FR Doc. 05–3107 Filed 2–17–05; 8:45 am] information provisions of 21 CFR part 522.2477 to reflect the approval. The BILLING CODE 4160–01–S 20 and 21 CFR 514.11(e)(2)(ii), a
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8291
summary of safety and effectiveness DEPARTMENT OF LABOR Authority and Signature: This data and information submitted to document was prepared under the support approval of this application Occupational Safety and Health direction of Jonathan L. Snare, Acting may be seen in the Division of Dockets Administration Assistant Secretary of Labor for Management (HFA–305), Food and Drug Occupational Safety and Health, U.S. Administration, 5630 Fishers Lane, rm. 29 CFR Part 1910 Department of Labor, 200 Constitution 1061, Rockville, MD 20852, between 9 Avenue, NW., Washington, DC 20210. a.m. and 4 p.m., Monday through [Docket No. S–023A] It is issued pursuant to sections 4, 6, Friday. and 8 of the Occupational Safety and RIN No. 1218–AC08 The agency has determined under 21 Health Act of 1970 (29 U.S.C. 653, 655, CFR 25.33(a)(1) that this action is of a Updating OSHA Standards Based on 657) Secretary of Labor’s Order 5–2002 type that does not individually or National Consensus Standards; (67 FR 65008), and 29 CFR part 1911. cumulatively have a significant effect on General, Incorporation by Reference; Signed at Washington, DC, this 14th day of the human environment. Therefore, Hazardous Materials, Flammable and February 2005. neither an environmental assessment Combustible Liquids; General Jonathan L. Snare, nor an environmental impact statement Environmental Controls, Temporary is required. Acting Assistant Secretary of Labor. Labor Camps; Hand and Portable This rule does not meet the definition [FR Doc. 05–3171 Filed 2–17–05; 8:45 am] Powered Tools and Other Hand Held of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because BILLING CODE 4510–26–M it is a rule of ‘‘particular applicability.’’ Equipment, Guarding of Portable Therefore, it is not subject to the Powered Tools; Welding, Cutting, and congressional review requirements in 5 Brazing, Arc Welding and Cutting; Special Industries, Sawmills ENVIRONMENTAL PROTECTION U.S.C. 801–808. AGENCY List of Subject in 21 CFR Part 524 AGENCY: Occupational Safety and Health Administration (OSHA), Department of 40 CFR Part 52 Animal drugs. Labor. n Therefore, under the Federal Food, [NC–200429; FRL–7868–7] ACTION: Withdrawal of direct final rule. Drug, and Cosmetic Act and under Approval and Promulgation of Air authority delegated to the Commissioner SUMMARY: Due to significant adverse Quality Implementation Plans; North of Food and Drugs and redelegated to the comment, OSHA is withdrawing the Center for Veterinary Medicine, 21 CFR Carolina Update to Materials direct final rule for Updating OSHA Incorporated by Reference part 524 is amended as follows: Standards Based on National Consensus Standards; General, Incorporation by PART 524—OPHTHALMIC AND AGENCY: Environmental Protection Reference; Hazardous Materials, TOPICAL DOSAGE FORM NEW Agency (EPA). Flammable and Combustible Liquids; ANIMAL DRUGS ACTION: Notice of administrative change. General Environmental Controls, n 1. The authority citation for 21 CFR Temporary Labor Camps; Hand and SUMMARY: EPA is publishing this action part 524 continues to read as follows: Portable Powered Tools and Other Hand to provide the public with notice of the Held Equipment, Guarding of Portable update to the North Carolina State Authority: 21 U.S.C. 360b. Powered Tools; Welding, Cutting, and Implementation Plan (SIP) compilation, n 2. Section 524.1044g is amended by Brazing, Arc Welding and Cutting; which appears at 40 CFR 52.1770 revising paragraphs (b)(3), (c)(1)(ii), and Special Industries, Sawmills, which was (Subpart II). In particular, materials (c)(2) to read as follows. published on November 24, 2004 [69 FR submitted by North Carolina that are § 524.1044g Gentamicin sulfate, 68712]. In that document, OSHA stated incorporated by reference (IBR) into the betamethasone valerate, clotrimazole that if it received significant adverse North Carolina SIP are being updated to ointment. comment, the agency would ‘‘publish a reflect EPA-approved revisions to North * * * * * notice of significant adverse comment in Carolina’s SIP that have occurred since (b) * * * the Federal Register withdrawing this the last update. In this action EPA is (3) No. 059130 for use of 10-, 20-, or direct final rule * * *’’ OSHA also notifying the public of the 215-g bottles. published a companion proposed rule correction of certain typographical (c) * * * identical to the direct final rule on the errors in Table I of 40 CFR 52.1770(c). (1) * * * same day. [69 FR 68706]. The agency DATES: This rule is effective February (ii) From 20- or 215-g bottles: 2 drops will address the significant adverse 18, 2005. for dogs weighing less than 30 lb or 4 comment and the other comments on ADDRESSES: SIP materials which are drops for dogs weighing 30 lb or more. the direct final and proposed rules in a (2) Indications for use. For the incorporated by reference into 40 CFR new final rule. OSHA will not institute part 52 are available for inspection at treatment of acute and chronic canine a second comment period. otitis externa associated with yeast the following locations: Environmental DATES: The direct final rule published (Malassezia pachydermatis, formerly Protection Agency, Region 4, 61 Forsyth on November 24, 2004 [69 FR 68712] is Pityrosporum canis) and/or bacteria Street, SW., Atlanta, GA 30303; the withdrawn effective February 18, 2005. susceptible to gentamicin. EPA, Air and Radiation Docket and FOR FURTHER INFORMATION CONTACT: Lee Information Center, Air Docket (Mail * * * * * Smith, Director, Office of Safety Code 6102T), 1200 Pennsylvania Dated: February 8, 2005. Systems, Directorate of Standards and Avenue, NW., Washington, DC 20460, Steven D. Vaughn, Guidance, Occupational Safety and and the National Archives and Records Director, Office of New Animal Drug Health Administration, U.S. Department Administration. For information on the Evaluation, Center for Veterinary Medicine. of Labor, Room N–3609, 200 availability of this material at NARA, [FR Doc. 05–3179 Filed 2–17–05; 8:45 am] Constitution Avenue, NW., Washington, call 202–741–6030, or go to: http:// BILLING CODE 4160–01–S DC 20210; telephone: (202) 693–2255. www.archives.gov/federal_register/
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8292 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
code_of_federal_regulations/ submitted by each state agency. These (thereby avoiding the 30-day delayed ibr_locations.html. SIP Compilations are contained in 3- effective date otherwise provided for in FOR FURTHER INFORMATION CONTACT: Ms. ring binders and are updated primarily the APA). Today’s administrative action Jane Spann at the above Region 4 on an annual basis. Under the revised simply codifies provisions which are address or at (404) 562–9029. procedures, EPA is to periodically already in effect as a matter of law in Federal and approved State programs SUPPLEMENTARY INFORMATION: Each state publish an informational document in and corrects typographical errors has a SIP containing the control the rules section of the Federal Register appearing the Federal Register. Under measures and strategies used to attain when updates are made to a SIP section 553 of the APA, an agency may and maintain the national ambient air Compilation for a particular state. EPA’s find good cause where procedures are quality standards (NAAQS). The SIP is 1997 revised procedures were formally extensive, containing such elements as applied to North Carolina on May 20, ‘‘impractical, unnecessary, or contrary air pollution control regulations, 1999 (64 FR 27465). to the public interest.’’ Public comment emission inventories, monitoring This action represents EPA’s for this administrative action is networks, attainment demonstrations, publication of the North Carolina SIP ‘‘unnecessary’’ and ‘‘contrary to the and enforcement mechanisms. Compilation update, appearing in 40 public interest’’ since the codification Each state must formally adopt the CFR part 52. In addition, notice is (and typographical corrections) only control measures and strategies in the provided of the following typographical reflect existing law. Immediate notice of SIP after the public has had an corrections to Table 1 of § 52.1770(c), as this action in the Federal Register opportunity to comment on them and described below: benefits the public by providing the then submit the SIP to EPA. Once these 1. Correcting typographical errors public notice of the updated North control measures and strategies are listed in Table 1 of § 52.1770(c), as Carolina SIP Compilation and notice of approved by EPA, after notice and described below: typographical corrections to the North comment, they are incorporated into the A. Where absent, the addition of Carolina ‘‘Identification of Plan’’ portion federally approved SIP and are Federal Register citations in the ‘‘EPA of the Federal Register. identified in part 52 ‘‘Approval and Approval Date’’ column. B. Change in Federal Register citation Statutory and Executive Order Reviews Promulgation of Implementation Plans’’, to reflect the beginning page of the Title 40 of the Code of Federal A. General Requirements preamble as opposed to that of the Regulations (40 CFR part 52). The full Under Executive Order 12866 (58 FR regulatory text. text of the state regulation approved by 51735, October 4, 1993), this C. Change of punctuation within the EPA is not reproduced in its entirety in administrative action is not a section Titles. ‘‘significant regulatory action’’ and is 40 CFR part 52, but is ‘‘incorporated by D. Section 2D.0306 title is revised to therefore not subject to review by the reference.’’ This means that EPA has read as ‘‘Emission Reduction Level- Office of Management and Budget. This approved a given state regulation with Warning Plan.’’ action is not subject to Executive Order a specific effective date. The public is E. Section 2D.0307 title is revised to 13211, ‘‘Actions Concerning Regulations referred to the location of the full text read as ‘‘Emission Reduction Level- That Significantly Affect Energy Supply, version should they want to know Emergency Plan.’’ which measures are contained in a F. Section 2D.0405 State Effective Distribution, or Use’’ (66 FR 28355, May given SIP. The information provided Date is revised to read ‘‘05/01/99.’’ 22, 2001) because it is not a significant allows EPA and the public to monitor G. Section 2D.0502 EPA Approval regulatory action under Executive Order the extent to which a state implements Date is revised to read ‘‘07/26/82.’’ 12866. Because the agency has made a a SIP to attain and maintain the NAAQS H. Section 2D.0519 title is revised to ‘‘good cause’’ finding that this action is and to take enforcement action if read as ‘‘Control of Nitrogen Dioxide not subject to notice-and-comment necessary. and Nitrogen Oxides Emissions.’’ requirements under the Administrative The SIP is a living document which I. Section 2D.0520 was repealed and Procedure Act or any other statute as the state can revise as necessary to replaced by new rules under Section indicated in the Supplementary address the unique air pollution .1900 ‘‘Open Burning,’’ Federal Register Information section above, it is not problems in the state. Therefore, EPA (62 FR 41277) dated July 01, 1997. subject to the regulatory flexibility from time to time must take action on J. Section 2D.0535 title is revised to provisions of the Regulatory Flexibility SIP revisions containing new and/or read as ‘‘Excess Emission Reporting and Act (5 U.S.C 601 et seq.), or to sections revised regulations as being part of the Malfunctions.’’ 202 and 205 of the Unfunded Mandates SIP. On May 22, 1997, (62 FR 27968), K. Section 2D.0952 title is revised to Reform Act of 1995 (UMRA) (Pub. L. EPA revised the procedures for read as ‘‘Petition for Alternative 104–4). In addition, this action does not incorporating by reference (IBR), into Controls for RACT.’’ significantly or uniquely affect small the Code of Federal Regulations, L. Section 2D.0953 removing the governments or impose a significant materials submitted by states in their duplicate rule ‘‘Vapor Return Piping for intergovernmental mandate, as EPA-approved SIP revisions. These Stage II Vapor Recovery.’’ described in sections 203 and 204 of changes revised the format for the M. Section 2Q.0605 title is revised to UMRA. This administrative action also identification of the SIP in 40 CFR part read as ‘‘Final Action on Permit does not have a substantial direct effect 52, stream-lined the mechanisms for Applications.’’ on one or more Indian tribes, on the announcing EPA approval of revisions EPA has determined that today’s relationship between the Federal to a SIP, and stream-lined the action falls under the ‘‘good cause’’ government and Indian tribes, or on the mechanisms for EPA’s updating of the exemption in the section 553(b)(3)(B) of distribution of power and IBR information contained for each SIP the Administrative Procedure Act (APA) responsibilities between the Federal in 40 CFR part 52. The revised which, upon finding ‘‘good cause,’’ government and Indian tribes, as procedures also called for EPA to authorizes agencies to dispense with specified by Executive Order 13175 (65 maintain ‘‘SIP Compilations’’ that public participation and section FR 67249, November 9, 2000), nor will contain the federally-approved 553(d)(3) which allows an agency to it have substantial direct effects on the regulations and source specific permits make an action effective immediately States, on the relationship between the
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8293
national government and the States, or interest. Today’s administrative action § 52.1770 Identification of plan. on the distribution of power and simply codifies (and corrects) * * * * * responsibilities among the various provisions which are already in effect as (b) Incorporation by reference. levels of government, as specified in a matter of law in Federal and approved (1) Material listed in paragraph (c) of Executive Order 13132 (64 FR 43255, State programs. 5 U.S.C. 808(2). These this section with an EPA approval date August 10, 1999). This administrative announced actions were effective when prior to December 30, 2004, for North action also is not subject to Executive EPA approved them through previous Carolina (Table 1 of the North Carolina Order 13045 (62 FR 19885, April 23, rulemaking actions. EPA will submit a State Implementation Plan), January 1, 1997), because it is not economically report containing this action and other 2003, for Forsyth County, North significant. This administrative action required information to the U.S. Senate, Carolina (Table 2 of the North Carolina does not involve technical standards; the U.S. House of Representatives, and State Implementation Plan) and January thus the requirements of section 12(d) of the Comptroller General of the United 1, 2003, for Mecklenburg County, North the National Technology Transfer and States prior to publication of this action Carolina (Table 3 of the North Carolina Advancement Act of 1995 (15 U.S.C. in the Federal Register. This update to State Implementation Plan), was 272 note) do not apply. The North Carolina’s SIP Compilation and approved for incorporation by reference administrative action also does not correction of typographical errors is not by the Director of the Federal Register involve special consideration of a ‘‘major rule’’ as defined by 5 U.S.C. in accordance with 5 U.S.C. 552(a) and environmental justice related issues as 804(2). 1 CFR part 51. Material is incorporated required by Executive Order 12898 (59 C. Petitions for Judicial Review as it exists on the date of the approval, FR 7629, February 16, 1994). In this and notice of any change in the material administrative action, EPA has taken the EPA has also determined that the will be published in the Federal necessary steps to eliminate drafting provisions of section 307(b)(1) of the Register. Entries in paragraphs (c) of errors and ambiguity, minimize Clean Air Act pertaining to petitions for this section with EPA approval dates potential litigation, and provide a clear judicial review are not applicable to this after December 30, 2004, for North legal standard for affected conduct, as action. This action is simply an Carolina (Table 1 of the December 30, required by section 3 of Executive Order announcement of prior rulemakings that 2004, for North Carolina State 12988 (61 FR 4729, February 7, 1996). have previously undergone notice and Implementation Plan), January 1, 2003, EPA has complied with Executive Order comment rulemaking. Prior EPA for Forsyth County, North Carolina 12630 (53 FR 8859, March 15, 1998) by rulemaking actions for each individual (Table 2 of the North Carolina State examining the takings implications of component of the North Carolina SIP Implementation Plan) and January 1, this administrative action in accordance compilation previously afforded 2003, for Mecklenburg County, North with the ‘‘Attorney General’s interested parties the opportunity to file Carolina, (Table 3 of the North Carolina Supplemental Guidelines for the a petition for judicial review in the State Implementation Plan) will be Evaluation of Risk and Avoidance of United States Court of Appeals for the incorporated by reference in the next Unanticipated Takings’’ issued under appropriate circuit within 60 days of update to these SIP compilation the Executive Order. This such rulemaking action. notebooks. administrative action does not impose List of Subjects in 40 CFR Part 52 an information collection burden under (2) EPA Region 4 certifies that the the Paperwork Reduction Act of 1995 Environmental protection, Air rules/regulations provided by EPA in (44 U.S.C. 3501 et seq.). EPA’s pollution control, Carbon monoxide, the SIP compilation at the addresses in compliance with these Statutes and Incorporation by reference, paragraph (b)(3) of this section are an Executive Orders for the underlying Intergovernmental relations, Lead, exact duplicate of the officially rules are discussed in previous actions Nitrogen dioxide, Ozone, Particulate promulgated State rules/regulations taken on the State’s rules. matter, Reporting and recordkeeping which have been approved as part of the requirements, Sulfur oxides, Volatile State implementation plan as of the B. Submission to Congress and the organic compounds. dates referenced in paragraph (b)(1). Comptroller General Dated: January 24, 2005. (3) Copies of the materials The Congressional Review Act (CRA) A. Stanley Meiburg, incorporated by reference may be (5 U.S.C. 801 et seq.), as added by the Acting Regional Administrator, Region 4. inspected at the Region 4 EPA Office at Small Business Regulatory Enforcement 61 Forsyth Street, SW., Atlanta, GA Fairness Act of 1996, generally provides Chapter I, title 40, Code of Federal 30303; the EPA, Air and Radiation that before a rule may take effect, the Regulations, is amended as follows: Docket and Information Center, Air Docket (Mail Code 6102T), 1200 agency promulgating the rule must PART 52—[AMENDED] submit a rule report, which includes a Pennsylvania Avenue, NW., copy of the rule, to each House of the n 1. The authority for citation for part 52 Washington, DC 20460 and the National Congress and to the Comptroller General continues to read as follows: Archives and Records Administration. of the United States. Section 808 allows For information on the availability of Authority: 42 U.S.C. 7401 et seq. the issuing agency to make a rule this material at NARA, call 202–741– effective sooner than otherwise Subpart II—North Carolina 6030, or go to: http://www.archives.gov/ provided by the CRA if the agency federal_register/ makes a good cause finding that notice n 2. Section 52.1770 is amended by code_of_federal_regulations/ and public procedure is impracticable, revising paragraph (b) and revising table ibr_locations.html. unnecessary or contrary to the public 1 in paragraph (c) to read as follows: (c) EPA approved regulations.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8294 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
TABLE 1.—EPA APPROVED NORTH CAROLINA REGULATIONS
State effec- State citation Title/subject tive date EPA approval date Explanation
Subchapter 2D Air Pollution Control Requirements
Section .0100 Definitions and References
Sect .0101 ...... Definitions ...... 01/15/98 11/10/99, 64 FR 61213. Sect .0103 ...... Copies of Referenced Federal Regu- 12/01/92 08/15/94, 59 FR 41708. lations. Sect .0104 ...... Incorporation by Reference ...... 01/15/98 11/10/99, 64 FR 61213. Sect .0105 ...... Mailing List ...... 07/01/02 09/17/03, 68 FR 54362.
Section .0200 Air Pollution Sources
Sect .0201...... Classification of Air Pollution 04/12/84 10/11/85, 50 FR 41501. Sources. Sect .0202 ...... Registration of Air Pollution Sources 01/15/98 11/10/99, 64 FR 61213.
Section .0300 Air Pollution Emergencies
Sect .0301 ...... Purpose ...... 02/01/76 06/03/86, 51 FR 19834. Sect. 0302 ...... Episode Criteria ...... 01/15/98 11/10/99, 64 FR 61213. Sect .0303 ...... Emission Reduction Plans ...... 04/12/84 10/11/85, 50 FR 41501. Sect .0304 ...... Preplanned Abatement Program ...... 04/14/88 12/12/88, 53 FR 49881. Sect .0305...... Emission Reduction Plan—Alert 04/12/84 10/11/85, 50 FR 41501. Level. Sect .0306 ...... Emission Reduction Plan—Warning 04/12/84 10/11/85, 50 FR 41501. Level. Sect .0307...... Emission Reduction Plan—Emer- 04/12/84 10/11/85, 50 FR 41501. gency Level.
Section .0400 Ambient Air Quality Standards
Sect .0401 ...... Purpose ...... 12/01/92 08/15/94, 59 FR 41708. Sect .0402 ...... Sulfur Oxides ...... 04/12/84 10/11/85, 50 FR 41501. Sect .0403 ...... Total Suspended Particulates ...... 07/01/88 01/16/90, 55 FR 1419. Sect .0404 ...... Carbon Monoxide ...... 10/01/89 3/12/90, 55 FR 9125. Sect .0405 ...... Ozone ...... 05/01/99 10/22/02, 67 FR 64989. Sect .0407 ...... Nitrogen Dioxide ...... 10/01/89 03/12/90, 55 FR 9125. Sect .0408 ...... Lead ...... 04/12/84 10/11/85, 50 FR 41501. Sect .0409 ...... Particulate Matter ...... 07/01/88 01/16/90, 55 FR 1419. Sect .0410 ...... PM2.5 Particulate Matter ...... 05/01/99 10/22/02, 67 FR 64989.
Section .0500 Emission Control Standards
Sect .0501 ...... Compliance with Emission Control 04/01/01 08/08/02, 67 FR 51461. Standards. Sect .0502 ...... Purpose ...... 03/01/81 07/26/82, 47 FR 32118. Sect .0503 ...... Particulates from Fuel Burning Indi- 05/01/99 10/22/02, 67 FR 64989. rect Heat Exchangers. Sect .0504 ...... Particulates from Wood Burning Indi- 07/01/02 12/27/02, 67 FR 78980. rect Heat Exchangers. Sect .0505 ...... Control of Particulates from Inciner- 07/01/87 02/29/88, 53 FR 5974. ators. Sect .0506 ...... Particulates from Hot Mix Asphalt 03/20/98 11/10/99, 64 FR 61213. Plants. Sect .0507 ...... Particulates from Chemical Fertilizer 04/01/03 09/17/03, 68 FR 54362. Manufacturing Plants. Sect .0508 ...... Particulates from Pulp and Paper 03/20/98 11/10/99, 64 FR 61213. Mills. Sect .0509 ...... Particulates from Mica or Feldspar 04/01/03 09/17/03, 68 FR 54362. Processing Plants. Sect .0510 ...... Particulates from Sand, Gravel, or 03/20/98 11/10/99, 64 FR 61213. Crushed Stone Operations. Sect .0511 ...... Particluates from Lightweight Aggre- 03/20/98 11/10/99, 64 FR 61213. gate. Sect .0512...... Particulates from Wood Products 11/01/84 12/19/86, 51 FR 45468. Finishing Plants. Sect .0513 ...... Particulates from Portland Cement 03/20/98 11/10/99, 64 FR 61213. Plants. Sect .0514 ...... Particulates from Ferrous Jobbing 03/20/98 11/10/99, 64 FR 61213. Foundries. Sect .0515 ...... Particulates from Miscellaneous In- 04/01/03 09/17/03, 68 FR 54362. dustrial Processes.
VerDate jul<14>2003 17:26 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8295
TABLE 1.—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State effec- State citation Title/subject tive date EPA approval date Explanation
Sect .0516 ...... Sulfur Dioxide Emissions from Com- 04/01/03 09/17/03, 68 FR 54362. bustion Sources. Sect .0517 ...... SO2 Emissions from Plants Pro- 11/01/84 12/19/86, 51 FR 45468. ducing Sulfuric Acid. Sect .0519 ...... Control of Nitrogen Dioxide and Ni- 07/01/96 08/01/97, 62 FR 41277. trogen Oxides Emissions. Sect .0520...... Control and Prohibition of Open 07/01/96 08/01/97, 62 FR 41277 ...... Repealed. Burning. Sect .0521 ...... Control of Visible Emissions ...... 03/20/98 11/10/99, 64 FR 61213. Sect .0522 ...... Control and Prohibition of Odorous 02/01/76 06/03/86, 51 FR 19834. Emissions. Sect .0523 ...... Control of Conical Incinerators ...... 01/01/85 09/09/87, 52 FR 33933. Sect .0527...... Emissions from Spodumene Ore 11/01/84 12/19/86, 51 FR 45468. Roasting. Sect .0530 ...... Prevention of Significant Deteriora- 11/21/96 10/15/99, 64 FR 55831. tion. Sect .0531 ...... Sources in Nonattainment Areas ..... 01/15/98 11/10/99, 64 FR 61213. Sect .0532 ...... Sources Contributing to an Ambient 07/01/94 02/01/96, 61 FR 3584. Violation. Sect .0533 ...... Stack Height ...... 07/01/94 02/01/96, 61 FR 3584. Sect .0535...... Excess Emissions Reporting and 07/01/96 08/01/97, 62 FR 41277. Malfunctions. Sect .0536 ...... Particulate Emissions from Electric 08/01/91 02/14/96, 61 FR 5689. Utility Boilers. Sect .0540 ...... Particulates from Fugitive Non-proc- 03/20/98 11/10/99, 64 FR 61213. ess Dust Emission Sources. Sect .0542...... Control of Particulate Emissions 07/01/02 12/27/02, 67 FR 78980. from Cotton Ginning Operations.
Section .0600 Air Contaminants; Monitoring, Reporting
Sect .0601 ...... Monitoring: Recordkeeping: Report- 04/01/99 08/08/02, 67 FR 51461. ing. Sect .0602 ...... Definitions ...... 04/01/99 08/08/02, 67 FR 51461. Sect .0604 ...... Exceptions to Monitoring and Re- 04/01/99 08/08/02, 67 FR 51461. porting Requirements. Sect .0605 ...... General Recordkeeping and Report- 04/01/99 08/08/02, 67 FR 51461. ing Requirements. Sect .0606 ...... Other Coal or Residual Oil Burners 05/02/88 12/12/88, 53 FR 49881. Sect .0607 ...... Large Wood and Wood-Fossil Fuel 04/01/99 08/08/02, 67 FR 51461. Combination Units. Sect .0608 ...... Program Schedule ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0609 ...... Monitoring Condition in Permit ...... 04/12/84 10/04/85, 50 FR 41501. Sect .0610 ...... Federal Monitoring Requirements .... 04/01/99 08/08/02, 67 FR 51461. Sect .0611...... Monitoring Emissions from Other 04/01/99 08/08/02, 67 FR 51461. Sources. Sect .0612 ...... Alternative Monitoring and Reporting 04/01/99 08/08/02, 67 FR 51461. Procedures. Sect .0613 ...... Quality Assurance Program ...... 04/01/99 08/08/02, 67 FR 51461. Sect .0614 ...... Compliance Assurance Monitoring ... 04/01/99 08/08/02, 67 FR 51461. Sect .0615 ...... Delegation ...... 04/01/99 08/08/02, 67 FR 51461.
Section .0800 Complex Sources
Sect .0801 ...... Purpose and Scope ...... 07/01/94 02/01/96, 61 FR 3584. Sect .0802 ...... Definitions ...... 07/01/94 02/01/96, 61 FR 3584. Sect .0803 ...... Highway Projects ...... 07/01/94 02/01/96, 61 FR 3584. Sect .0804 ...... Airport Facilities ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0805 ...... Parking Facilities ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0806 ...... Ambient Monitoring and Modeling 07/01/94 02/01/96, 61 FR 3584. Analysis.
Section .0900 Volatile Organic Compounds
Sect .0901 ...... Definitions ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0902 ...... Applicability ...... 07/01/00 08/27/01, 66 FR 34117. Sect .0903...... Recordkeeping: Reporting: Moni- 04/01/99 08/08/02, 67 FR 51461. toring. Sect .0905 ...... Petition for Alternative Controls ...... 11/08/84 12/19/86, 51 FR 45468. Sect .0906 ...... Circumvention ...... 11/08/84 12/19/86, 51 FR 45468.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8296 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
TABLE 1.—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State effec- State citation Title/subject tive date EPA approval date Explanation
Sect .0907 ...... Compliance Schedules for Sources 11/21/96 10/15/99, 64 FR 55831 ...... Repealed. in Nonattainment Areas. Sect .0908 ...... Equipment Modification Compliance 11/08/84 12/19/86, 51 FR 45468. Schedules. Sect .0909 ...... Compliance Schedules for Sources 07/01/00 08/27/01, 66 FR 34117. in New Nonattainment Areas. Sect .0910 ...... Alternate Compliance Schedules ..... 11/21/96 10/15/99, 64 FR 55831 ...... Repealed. Sect .0911 ...... Exceptions for Compliance Sched- 11/21/96 10/15/99, 64 FR 55831 ...... Repealed. ules. Sect .0912 ...... General Provisions on Test Methods 04/01/03 09/17/03, 68 FR 54362. and Procedures. Sect .0913 ...... Determination of Volatile Content of 07/01/88 01/16/90, 55 FR 1420. Surface Coatings. Sect .0914...... Determination of VOC Emission 03/20/98 11/10/99, 64 FR 61213. Control System Efficiency. Sect .0915...... Determination of Solvent Metal 11/08/84 12/19/86, 51 FR 45468. Cleaning VOC Emissions. Sect .0916...... Determination of VOC Emissions 07/01/88 01/16/90, 55 FR 1420. from Bulk Gasoline Terminals. Sect .0917...... Automobile and Light-duty Truck 07/01/96 08/01/97, 62 FR 41277. Manufacturing. Sect .0918 ...... Can Coating ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0919 ...... Coil Coating ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0920 ...... Paper Coating ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0921 ...... Fabric and Vinyl Coating ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0922 ...... Metal Furniture Coating ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0923 ...... Surface Coating of Large Appliances 07/01/96 08/01/97, 62 FR 41277. Sect .0924 ...... Magnet Wire Coating ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0925 ...... Petroleum Liquid Storage ...... 12/01/89 06/23/94, 59 FR 32362. Sect .0926 ...... Bulk Gasoline Plants ...... 07/01/96 08/01/97, 62 FR 41277. Sect .0927 ...... Bulk Gasoline Terminals ...... 04/01/03 09/17/03, 68 FR 54362. Sect .0928 ...... Gasoline Service Stations Stage I ... 07/01/96 08/01/97, 62 FR 41277. Sect .0930 ...... Solvent Metal Cleaning ...... 03/01/91 06/23/94, 59 FR 32362. Sect .0931 ...... Cutback Asphalt ...... 12/01/89 06/23/94, 59 FR 32362. Sect .0932 ...... Gasoline Truck Tanks and Vapor 04/01/03 09/17/03, 68 FR 54362. Collection Systems. Sect .0933 ...... Petroleum Liquid Storage in External 07/01/95 02/01/96, 62 FR 3589. Floating Roof Tanks. Sect .0934...... Coating of Miscellaneous Metal 07/01/96 08/01/97, 62 FR 41277. Parts and Products. Sect .0935...... Factory Surface Coating of Flat 07/01/96 08/01/97, 62 FR 41277. Wood Paneling. Sect .0936 ...... Graphic Arts ...... 12/01/89 06/23/94, 59 FR 32362. Sect .0937 ...... Manufacture of Pneumatic Rubber 07/01/96 08/01/97, 62 FR 41277. Tires. Sect .0938 ...... Perchloroethylene Dry Cleaning Sys- 03/20/98 11/10/99, 64 FR 61213 ...... Repealed. tem. Sect .0939...... Determination of Volatile Organic 07/01/88 01/16/90, 55 FR 1420. Compounds Emissions. Sect .0940 ...... Determination of Leak Tightness and 07/01/88 01/16/90, 55 FR 1420. Vapor Leaks. Sect .0941 ...... Alternative Method for Leak Tight- 03/01/91 06/23/94, 59 FR 32362. ness. Sect .0942 ...... Determination of Solvent in Filter 07/23/80 08/27/81, 46 FR 43137. Waste. Sect .0943...... Synthetic Organic Chemical and 03/01/91 06/23/94, 59 FR 32362. Polymer Manufacturing. Sect .0944 ...... Manufacture of Polyethylene, Poly- 03/14/85 11/19/86, 51 FR 41786. propylene, and Polystyrene. Sect .0945 ...... Petroleum Dry Cleaning ...... 03/14/85 11/19/86, 51 FR 41786. Sect .0947 ...... Manufacture of Synthesized Phar- 07/01/94 05/05/95, 60 FR 22284. maceutical Products. Sect .0948 ...... VOC Emissions from Transfer Oper- 07/01/00 08/27/01, 66 FR 34117. ations. Sect .0949...... Storage of Miscellaneous Volatile 07/01/00 08/27/01, 66 FR 34117. Organic Compounds. Sect .0951 ...... Miscellaneous Volatile Organic Com- 07/01/00 08/27/01, 66 FR 34117. pound Emissions. Sect .0952 ...... Petition for Alternative Controls for 05/01/95 02/01/96, 62 FR 3589. RACT.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8297
TABLE 1.—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State effec- State citation Title/subject tive date EPA approval date Explanation
Sect .0953 ...... Vapor Return Piping for Stage II 03/20/98 11/10/99, 64 FR 61213. Vapor Recovery. Sect .0954 ...... Stage II Vapor Recovery ...... 04/01/03 09/17/03, 68 FR 54362. Sect .0955 ...... Thread Bonding Manufacturing ...... 04/01/95 02/01/96, 62 FR 3589. Sect .0956 ...... Glass Christmas Ornament Manu- 04/01/95 02/01/96, 62 FR 3589. facturing. Sect .0957 ...... Commercial Bakeries ...... 04/01/95 02/01/96, 62 FR 3589. Sect .0958 ...... Work Practices for Sources of Vola- 07/01/00 08/27/01, 66 FR 34117. tile Organic Compounds. Sect .0959 ...... Reserved.
Section .1000 Motor Vehicle Emissions Control Standards
Sect .1001 ...... Purpose ...... 07/01/02 10/30/02, 67 FR 66056. Sect .1002 ...... Applicability ...... 07/01/02 10/30/02, 67 FR 66056. Sect .1003 ...... Definitions ...... 12/01/82 06/02/95, 60 FR 28726. Sect .1004 ...... Emissions Standards ...... 07/01/02 10/30/02, 67 FR 66056. Sect .1005 ...... Measurement and Enforcement ...... 07/01/02 10/30/02, 67 FR 66056.
Section .1300 Oxygenated Gasoline Standard
Sect .1301 ...... Purpose ...... 09/01/92 06/30/94, 59 FR 33683. Sect .1302 ...... Applicability ...... 09/01/92 06/30/94, 59 FR 33683. Sect .1303 ...... Definitions ...... 09/01/92 06/30/94, 59 FR 33683. Sect .1304 ...... Oxygen Content Standard ...... 09/01/92 06/30/94, 59 FR 33683. Sect .1305 ...... Measurement and Enforcement ...... 09/01/92 06/30/94, 59 FR 33683.
Section .1400 Nitrogen Oxides Emissions
Sect .1401 ...... Definitions ...... 07/15/02 12/27/02, 67 FR 78987. Sect .1402 ...... Applicability ...... 07/15/02 12/27/02, 67 FR 78987. Sect .1403 ...... Compliance Schedules ...... 07/15/02 12/27/02, 67 FR 78987. Sect .1404...... Recordkeeping: Reporting: Moni- 07/15/02 12/27/02, 67 FR 78987. toring. Sect .1409 ...... Stationary Internal Combustion En- 07/15/02 12/27/02, 67 FR 78987. gines. Sect .1416 ...... Emission Allocations for Utility Com- 07/15/02 12/27/02, 67 FR 78987. panies. Sect .1417 ...... Emission Allocations for Large Com- 07/15/02 12/27/02, 67 FR 78987. bustion Sources. Sect .1418...... New Electric Generating Units, 07/15/02 12/27/02, 67 FR 78987. Large Boilers, and Large I/C En- gines. Sect .1419 ...... Nitrogen Oxide Budget Trading Pro- 07/15/02 12/27/02, 67 FR 78987. gram. Sect .1420 ...... Periodic Review and Reallocations .. 07/15/02 12/27/02, 67 FR 78987. Sect .1421 ...... Allocations for New Growth of Major 07/15/02 12/27/02, 67 FR 78987. Point Sources. Sect .1422 ...... Compliance Supplement Pool and 07/15/02 12/27/02, 67 FR 78987. Early Emission Reduction Credits. Sect .1423 ...... Large Internal Combustion Engines 07/15/02 12/27/02, 67 FR 78987.
Section .1900 Open Burning
Sect .1901 ...... Purpose, Scope, and Impermissible 07/01/96 08/01/97, 62 FR 41277. Open Burning. Sect .1902 ...... Definitions ...... 01/15/98 11/10/99, 64 FR 61213. Sect .1903 ...... Permissible Open Burning Without a 01/15/98 11/10/99, 64 FR 61213. Permit. Sect .1904 ...... Air Curtain Burners ...... 07/01/96 08/01/97, 62 FR 41277.
Section .2000 Transportation Conformity
Sect .2001 ...... Purpose, Scope and Applicability ..... 04/01/99 12/27/02, 67 FR 78983. Sect .2002 ...... Definitions ...... 04/01/99 12/27/02, 67 FR 78983. Sect .2003...... Transportation Conformity Deter- 04/01/99 12/27/02, 67 FR 78983 ...... Except for the incorpo- mination. ration by reference of 40 CFR 93.104(e) of the Transportation Conformity Rule. Sect .2004 ...... Determining Transportation Related 04/01/99 12/27/02, 67 FR 78983. Emissions.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8298 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
TABLE 1.—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State effec- State citation Title/subject tive date EPA approval date Explanation
Sect .2005 ...... Memorandum of Agreement ...... 04/01/99 12/27/02, 67 FR 78983.
Subchapter 2Q Air Quality Permits
Section .0100 General Provisions
Sect .0101 ...... Required Air Quality Permits ...... 03/20/98 11/10/99, 64 FR 61213. Sect .0102 ...... Activities Exempted from Permit Re- 07/01/02 12/27/02, 67 FR 78980. quirements. Sect .0103 ...... Definitions ...... 05/01/99 10/22/02, 67 FR 64989. Sect .0104 ...... Where to Obtain and File Permit Ap- 07/01/02 12/27/02, 67 FR 78980. plications. Sect .0105 ...... Copies of Referenced Documents ... 08/15/94 02/01/96, 61 FR 3584. Sect .0106 ...... Incorporation by Reference ...... 08/15/94 02/01/96, 61 FR 3584. Sect .0107 ...... Confidential Information ...... 05/01/99 10/22/02, 67 FR 64989. Sect .0108 ...... Delegation of Authority ...... 03/15/98 11/10/99, 64 FR 61213. Sect .0109 ...... Compliance Schedule for Previously 04/01/01 08/08/02, 67 FR 51461. Exempted Activities. Sect .0110 ...... Retention of Permit at Permitted Fa- 08/15/94 02/01/96, 61 FR 3584. cility. Sect .0111 ...... Applicability Determinations ...... 08/15/94 02/01/96, 61 FR 3584.
Section .0200 Permit Fees
Sect .0207 ...... Annual Emissions Reporting ...... 01/15/98 11/10/99, 64 FR 61213.
Section .0300 Construction and Operating Permits
Sect .0301 ...... Applicability ...... 07/01/94 07/28/95, 60 FR 38710. Sect .0303 ...... Definitions ...... 07/01/94 07/28/95, 60 FR 38710. Sect .0304 ...... Applications ...... 07/01/99 10/22/02, 67 FR 64989. Sect .0305 ...... Application Submittal Content ...... 07/01/94 07/28/95, 60 FR 38710. Sect .0306 ...... Permits Requiring Public Participa- 07/01/99 10/22/02, 67 FR 64989. tion. Sect .0307 ...... Public Participation Procedures ...... 01/15/98 11/10/99, 64 FR 61213. Sect .0308 ...... Final Action on Permit Applications .. 07/01/94 07/28/95, 60 FR 38710. Sect .0309 ...... Termination, Modification and Rev- 07/01/99 10/22/02, 67 FR 64989. ocation of Permits. Sect .0310 ...... Permitting of Numerous Similar Fa- 07/01/94 07/28/95, 60 FR 38710. cilities. Sect .0311 ...... Permitting of Facilities at Multiple 07/01/96 08/01/97, 62 FR 41277. Temporary Sites. Sect .0312 ...... Application Processing Schedule ..... 03/20/98 11/10/99, 64 FR 61213. Sect .0313...... Expedited Application Processing 04/17/97 11/10/99, 64 FR 61213. Schedule. Sect .0314 ...... General Permitting Requirements .... 07/01/99 10/22/02, 67 FR 64989. Sect .0315 ...... Synthetic Minor Facilities ...... 07/01/99 10/22/02, 67 FR 64989. Sect .0316 ...... Administrative Permit Amendments 04/01/01 08/08/02, 67 FR 51461. Sect .0317 ...... Avoidance Conditions ...... 04/01/01 08/08/02, 67 FR 51461.
Section .0600 Transportation Facility Procedures
Sect .0601 ...... Purpose of Section and Require- 07/01/94 02/01/96, 61 FR 3584. ments for Permit. Sect .0602 ...... Definitions ...... 07/01/94 02/01/96, 61 FR 3584. Sect .0603 ...... Applications ...... 07/28/97 12/31/98, 63 FR 72193. Sect .0604 ...... Public Participation ...... 07/01/94 02/01/96, 61 FR 3584. Sect .0605 ...... Final Action on Permit Applications .. 07/01/94 02/01/96, 61 FR 3584. Sect .0606 ...... Termination, Modification and Rev- 07/01/94 02/01/96, 61 FR 3584. ocation of Permits. Sect .0607 ...... Application Processing Schedule ..... 04/17/97 11/10/99, 64 FR 61213.
Section .0800 Exclusionary Rules
Sect .0801 ...... Purpose and Scope ...... 05/01/99 10/22/02, 67 FR 64989. Sect .0802 ...... Gasoline Servicing Stations and Dis- 08/01/95 09/20/96, 61 FR 49413. pensing Facilities. Sect .0803 ...... Coating, Solvent Cleaning, Graphic 05/01/99 10/22/02, 67 FR 64989. Arts Operations. Sect .0804 ...... Dry Cleaning Facilities ...... 08/01/95 09/20/96, 61 FR 49414. Sect .0805 ...... Grain Elevators ...... 04/01/01 08/08/02, 67 FR 51461. Sect .0806 ...... Cotton Gins ...... 04/01/02 08/08/02, 67 FR 51461.
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8299
TABLE 1.—EPA APPROVED NORTH CAROLINA REGULATIONS—Continued
State effec- State citation Title/subject tive date EPA approval date Explanation
Sect .0807 ...... Emergency Generators ...... 04/01/02 08/08/02, 67 FR 51461. Sect .0808 ...... Peak Shaving Generators ...... 07/01/99 10/22/02, 67 FR 64989.
* * * * * General Counsel for Environmental, pursuant to the changes noted above [FR Doc. 05–3062 Filed 2–17–05; 8:45 am] Civil Rights, and General Law, beginning February 20, 2005. BILLING CODE 6560–50–P Department of Transportation, 400 Ministerial amendments to a number Seventh Street, SW., Room 10102, of other parts in title 49 of the Code of Washington, DC 20590; Telephone (202) Federal Regulations that pertain to DEPARTMENT OF TRANSPORTATION 366–9153. functions of the new administrations SUPPLEMENTARY INFORMATION: will be issued in the near future. Office of the Secretary Background Regulatory Analyses and Notices 49 CFR Part 1 The Norman Y. Mineta Research and A. Executive Order 12866 and DOT Special Programs Improvement Act Regulatory Policies and Procedures Pipeline and Hazardous Materials [Pub. L. 108–426, 118 Stat. 2423 This final rule is not considered a Safety Administration (November 30, 2004)] amends title 49, significant regulatory action under United States Code, by reorganizing the Executive Order 12866 (‘‘Regulatory 49 CFR Chapter I Research and Special Program Planning and Process’’), and the Administration (RSPA) into two new Regulatory Policies and Procedures of Research and Innovative Technology administrations, the Pipeline and the Department of Transportation (44 FR Administration Hazardous Materials Safety 11034). There are no costs associated Administration (PHMSA) and the with this rule. 49 CFR Chapter XI Research and Innovative Technology Administration (RITA). PHMSA B. Executive Order 13132 [Docket No. OST 1999–6189] succeeds to all the authority exercised This final rule has been analyzed in RIN 9991–AA47 by RSPA with regard to pipeline and accordance with the principles and hazardous materials safety. RITA criteria contained in Executive Order Pipeline and Hazardous Materials succeeds to substantially all the 13132 (‘‘Federalism’’). This final rule Safety Administration, and to the research authority currently exercised does not have a substantial direct effect Administrator, Research and by RSPA, and includes other duties and on, or sufficient federalism implications Innovative Technology Administration; powers of the Secretary that advance the for, the States, nor would it limit the Establishment and Delegation of Department’s research, development, policymaking discretion of the States. Powers and Duties and technology objectives. In addition, Therefore, the consultation two existing organizations of the AGENCY: Office of the Secretary of requirements of Executive Order 13132 Department, the Bureau of do not apply. Transportation (OST), DOT. Transportation Statistics and the Office ACTION: Final rule. of Intermodalism, are moved to RITA C. Executive Order 13175 (49 CFR Chapter XI). 49 CFR part 1 SUMMARY: Two new administrations, the This final rule has been analyzed in enumerates powers and duties that each Pipeline and Hazardous Materials Safety accordance with the principles and modal administration within the Administration and the Research and criteria contained in Executive Order Department of Transportation is Innovative Technology Administration, 13175 (‘‘Consultation and Coordination responsible for carrying out. This rule are being established within the United with Indian Tribal Governments’’). amends 49 CFR part 1 to reflect the States Department of Transportation Because this final rule does not Secretary’s delegation of authority to the pursuant to the Norman Y. Mineta significantly or uniquely affect the Administrators of PHMSA and RITA, Research and Special Programs communities of the Indian tribal respectively. Improvement Act. Each new governments and does not impose The Administrators of PHMSA and substantial direct compliance costs, the administration is established effective RITA may redelegate their respective February 20, 2005. Accordingly, by this funding and consultation requirements powers and duties described in this of Executive Order 13175 do not apply. action, the Secretary delegates to the document if not inconsistent with Administrator, Pipeline and Hazardous statute, departmental regulations, D. Regulatory Flexibility Act Materials Safety Administration, and policies, and orders governing Because no notice of proposed the Administrator, Research and delegations. rulemaking is required for this rule Innovative Technology Administration, As this rule relates to Departmental under the Administrative Procedure Act functions required for the operation of organization, procedures, and practice, (5 U.S.C. 553), the provision of the each new administration. In addition, notice and comment on it are Regulatory Flexibility Act (5 U.S.C. 601 this final rule renames chapters I and XI unnecessary under 5 U.S.C. 553(b). In et seq.) do not apply. of subtitle B of title 49 CFR. addition, the Secretary finds that prior DATES: Effective Date: This final rule is notice and opportunity to comment are E. Paperwork Reduction Act effective on February 20, 2005. unnecessary, and good cause exists to This final rule contains no FOR FURTHER INFORMATION CONTACT: dispense with the 30-day delay in the information collection requirements David K. Tochen, Deputy Assistant effective date requirement so that under the Paperwork Reduction Act of General Counsel, Office of the Assistant PHMSA and RITA may operate 1995 (44 U.S.C. 3501–3520).
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8300 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
F. Unfunded Mandates Reform Act modal hazardous materials (10) Providing oversight of the The Department has determined that transportation including identifying activities of the Bureau of the requirements of Title II of the hazardous materials safety concerns, Transportation Statistics. Unfunded Mandates Reform Act of 1995 developing uniform safety standards, (11) Providing oversight of the do not apply to this rulemaking. and promulgating and enforcing safety activities of the Volpe National and security regulations. Transportation Systems Center. List of Subjects in 49 CFR Part 1 * * * * * (12) Coordinating intermodal research Authority delegations (Government (k) The Research and Innovative initiatives and planning activities. agencies), Organization and functions Technology Administration. Is (Government agencies). responsible for: (13) Serving as a focal point within n In consideration of the foregoing, Title (1) Coordinating, facilitating, and the Federal government for coordination 49, Code of Federal Regulations Subtitles reviewing the Department’s research of intermodal transportation research A and B, are amended as follows: and development programs and and development policy, in coordination with the Under Secretary Subtitle A—Office of the Secretary activities, except as limited by section 4(b)(1) of the Norman Y. Mineta for Policy. PART 1—ORGANIZATION AND Research and Special Programs * * * * * DELEGATION OF POWERS AND Improvement Act (Pub. L. 108–426, 118 n 5. Amend § 1.22 by revising paragraph DUTIES Stat. 2423 (November 30, 2004)). (a) to read as follows: (2) After consultation with modal and n 1. The authority citation for part 1 is OST offices, making recommendations § 1.22 Structure. revised to read as follows: to the Secretary on all modal and OST (a) Secretary and Deputy Secretary. Authority: 49 U.S.C. 322; 28 U.S.C. 2672; research budgets. The Secretary and Deputy Secretary are 31 U.S.C. 3711(a)(2); Pub. L. 101–552, 104 (3) Serving as the focal point for Stat. 2736; Pub. L. 106–159, 113 Stat. 1748; assisted by the following, all of which Pub. L. 107–71, 115 Stat. 597; Pub. L. 107– Departmental research, development, report directly to the Secretary: The 295, 116 Stat. 2064; Pub. L. 107–295, 116 Stat and technology endeavors, in Under Secretary for Policy; the 2065; Pub. L. 107–296, 116 Stat. 2135; 41 coordination with the Under Secretary Executive Secretariat; the Board of U.S.C. 414; Pub. L. 108–426, 118 Stat. 2423. for Policy. Contract Appeals; the Departmental n 2. Amend § 1.2 by revising paragraphs (4) Planning, developing, initiating Office of Civil Rights; the Office of (g) and (i) to read as follows: and managing programs in Small and Disadvantaged Business transportation research and Utilization; the Office of Intelligence, § 1.2 Definitions. development. Programs undertaken by Security, and Emergency Response; the * * * * * RITA shall not be duplicative of similar Office of Public Affairs; and the Office (g) The Pipeline and Hazardous programs undertaken by any modal or of the Chief Information Officer. The Materials Safety Administrator. OST office. Maintaining the capability Assistant Secretaries, the General * * * * * to perform research, development, and Counsel, and the Inspector General also (i) The Research and Innovative analysis in transportation planning and report directly to the Secretary. Technology Administrator. socio-economic effects, program * * * * * * * * * * management, and provide advice on n 6. Amend § 1.23 by revising paragraph n 3. Amend § 1.3 by revising paragraphs technology in DOT policy development. (b) to read as follows: (b)(7) and (b)(9) to read as follows: Particular efforts will be made on analyzing transportation systems § 1.23 Spheres of primary responsibility. § 1.3 Organization of the Department. problems and developing innovative * * * * * research products, processes and * * * * * (b) * * * applications to solve them, advanced (b) The Under Secretary for Policy. (7) The Pipeline and Hazardous transportation concepts, and Provides leadership in the development Materials Safety Administration, headed multimodal transportation. RITA will of policy for the Department, supervises by the Administrator. develop and maintain vital statistics and the policy activities of Assistant * * * * * related transportation information Secretaries with primary responsibility (9) The Research and Innovative databases. for aviation, international, and other Technology Administration, headed by (5) Providing leadership on technical, transportation policy development and the Administrator. navigation, communication, and carries out other powers and duties * * * * * systems engineering activities. prescribed by the Secretary. Assists the n 4. Amend § 1.4 by revising paragraphs (6) Providing a point of contact for the Secretary and Deputy Secretary in (h) and (k) to read as follows: Department with the academic carrying out a variety of executive and managerial policies, programs and § 1.4 General responsibilities. community to encourage transportation research. initiatives. Serves as the focal point (h) The Pipeline and Hazardous within the Federal Government for Materials Safety Administration. Is (7) Providing university transportation research grants. coordination of intermodal responsible for: transportation policy which brings (8) Managing a Transportation Safety (1) Administering a national program together departmental intermodal Institute which designs and conducts of safety in natural gas and hazardous perspectives, advocates intermodal training programs responsive to the liquid pipeline transportation including interests, and provides secretarial requirements of Government and identifying pipeline safety concerns, leadership and visibility on issues that industry as expressed by the operating developing uniform safety standards, involve or affect more than one administrations of the Department. and promulgating and enforcing safety operating administration. regulations. (9) Carrying out comprehensive (2) Administering a national program transportation statistics research, * * * * * of safety, including security, in multi- analysis, and reporting. n 7. Add § 1.46 to read as follows:
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations 8301
§ 1.46 Delegations to the Administrator of coordination efforts associated with Transportation Systems Center and the Research and Innovative Technology transportation research. carry out the functions vested in the Administration. (8) Represent the Department of Secretary by 49 U.S.C. 328 with respect The Administrator of the Research Transportation on departmental, to the working capital fund for financing and Innovative Technology national and international committees the activities of the Volpe National Administration is delegated authority and meetings dealing with Transportation Systems Center. for the following: transportation R&D. (g) Transportation Safety Institute. (a) Coordination of Departmental (9) Manage the strategic planning Exercise authority over the research and development programs process for transportation R&D across Transportation Safety Institute. and activities. (1) Coordinate, facilitate, the Department of Transportation and, (h) Transportations Statistics. and review all Departmental research through the National Science and Exercise the authority and carry out the and development programs and Technology Council, across the Federal functions vested in the Secretary by 49 activities, except as limited by section Government. U.S.C. 112(d)(1)(C) relating to 4(b)(1) of the Norman Y. Mineta (10) Conduct transportation system- transportation statistics, analysis, and Research and Special Programs level assessments and policy research. reporting. Improvement Act (Pub. L. 108–426, 118 (11) Facilitate the creation of (i) Intermodalism. Carry out the Stat. 2423). transportation public/private functions vested in the Secretary by 49 (2) After consultation with modal and partnerships. U.S.C. 5503(d). OST offices, RITA shall make (12) Foster innovation in the (j) Aviation information. (1) Carry out recommendations to the Secretary on all transportation sector. the functions vested in the Secretary by modal and OST research budgets. (13) Disseminate information on (b) Science and technology. (1) With departmental, national, and 49 U.S.C. 329(b)(1) relating to the respect to scientific and technological international transportation R&D collection and dissemination of matters, serve as principal advisor to the activities. information on civil aeronautics. Secretary and representative of the (14) Manage and coordinate a (2) Carry out the functions vested in Department to the academic nationwide program of transportation the Secretary by section 4(a)(7) of the community, the private sector, research, education and technology Civil Aeronautics Board Sunset Act of professional organizations, and other transfer through grants to university 1984 (October 4, 1984; Pub. L. 98–443) Government agencies. transportation centers and foster relating to the reporting of the extension (2) Serve as principal liaison official university participation in the planning, of unsecured credit to political for the Department of Transportation conduct and analysis of transportation candidates (section 401, Federal with the Office of Science and research. Election Campaign Act of 1971; 2 U.S.C. Technology Policy in the Executive (15) Manage department- and 451), in conjunction with the General Office of the President, the National government-wide (inter/multimodal) Counsel and the Assistant Secretary for Science and Technology Council, and transportation R&D programs. Aviation and International Affairs. the President’s Committee of Advisors (16) Oversee advisory boards that deal (3) Carry out the functions vested in on Science and Technology. with transportation system-level R&D the Secretary by: 49 U.S.C. 40113 (3) Serve as primary official assessments and issues, such as the (relating to taking such actions and responsible for coordination and National Research Council Committee issuing such regulations as may be oversight of the Department’s on the Federal Transportation R&D necessary to carry out responsibilities implementation of section 2 of the Strategic Planning Process. under the Act), 49 U.S.C. 41702 (relating Federal Technology Transfer Act of (c) Advanced vehicle technology. to the duty of carriers to provide safe 1986 (15 U.S.C. 3710a), relating to the Carry out the functions vested in the and adequate service), 49 U.S.C. 41708 transfer of Federal technology to the Secretary by section 5111 of the and 41709 (relating to the requirement marketplace; and section 12(d) of the Transportation Equity Act for the 21st to keep information and the forms in National Technology Transfer and Century (49 U.S.C. 5506), as extended which it is to be kept), and 49 U.S.C. Advancement Act of 1996 (Pub. L. 104– by the Surface Transportation Extension 41701 (relating to establishing just and 113), as implemented by OMB Circular Act of 2004, Part V, Public Law 108– reasonable classifications of carriers and A–119: Federal Participation in the 310, September 30, 2004, 118 Stat. 1144. rules to be followed by each) as Development and Use of Voluntary (d) Remote sensing technology. Carry appropriate to carry out the Consensus Standards and in Conformity out the functions vested in the Secretary responsibilities under this paragraph in Assessment Activities. by section 5113 of the Transportation conjunction with the General Counsel (4) Serve as Chair and Executive Equity Act for the 21st Century (23 and the Assistant Secretary for Aviation Secretary of the Department of U.S.C. 502 note), as extended by the and International Affairs. Transportation’s Research, Development Surface Transportation Extension Act of (k) Hazardous materials information. and Technology Planning Council. 2004, Part V, Public Law 108–310, In coordination with the Under (5) Serve as Chair and Executive September 30, 2004, 118 Stat. 1144. Secretary for Transportation Policy, Secretary of the Department of (e) University transportation research. work with the Operating Transportation Research, Development Carry out the functions vested in the Administrations to determine data and Technology Planning Team. Secretary by section 5110 of the needs, collection strategies, and (6) Carry out the functions vested in Transportation Equity Act for the 21st analytical techniques appropriate for the Secretary by section 5108 of the Century (49 U.S.C. 5505), as extended implementing 49 U.S.C. 5101 et seq. Transportation Equity Act for the 21st by the Surface Transportation Extension n 8. Revise § 1.53 to read as follows: Century (23 U.S.C. 508), as extended by Act of 2004, Part V, Public Law 108– the Surface Transportation Extension 310, September 30, 2004, 118 Stat. 1144. § 1.53 Delegations to the Administrator of Act of 2004, Part V, Public Law 108– (f) Volpe National Transportation the Pipeline and Hazardous Materials Safety 310, September 30, 2004, 118 Stat. 1144. Systems Center. Exercise the authority Administration. (7) Advocate Department of vested in the Secretary with respect to The Administrator of the Pipeline and Transportation policy and program the activities of the Volpe National Hazardous Materials Safety
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8302 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
Administration is delegated authority (9) Exercise the authority and carry owners or operators of pipelines, motor for the following: out the functions vested in the Secretary carriers, and railroads, subject to the (a) Pipelines. (1) Exercise the by the Pipeline Safety Improvement Act Federal Water Pollution Control Act (33 authority and carry out the functions of 2002 (Pub. L. 107–355, 116 Stat. U.S.C. 1321 et seq.), to prepare and vested in the Secretary by the Federal 2985). submit response plans. For pipelines pipeline safety laws (49 U.S.C. 60101 et (b) Hazardous materials. Except as subject to the Federal Water Pollution seq.). delegated by § 1.74: Control Act, this authority includes the (2) Exercise the authority and carry (1) Carry out the functions vested in approval of means to ensure the out the functions vested in the Secretary the Secretary by 49 U.S.C. 5121(a), (b) availability of private personnel and under section 28 of the Mineral Leasing and (c), 5122, 5123, and 5124 relating to Act, as amended (30 U.S.C. 185). investigations, records, inspections, equipment to remove, to the maximum (3) Exercise the authority and carry penalties, and specific relief, with extent practicable, a worst case out the functions vested in the Secretary particular emphasis on the shipment of discharge, the review and approval of under section 21 of the Deepwater Port hazardous materials and the response plans, and the authorization of Act of 1974, as amended (33 U.S.C. manufacture, fabrication, marking, pipelines to operate without approved 1520) relating to the establishment, maintenance, reconditioning, repair or response plans. enforcement and review of regulations test of multi-modal containers that are § 1.71 [Removed and reserved]. concerning the safe construction, represented, marked, certified, or sold operation or maintenance of pipelines for use in the transportation of n 9. Section 1.71 is removed and on Federal lands and the Outer hazardous materials. reserved. Continental Shelf. (2) Carry out the functions vested in n 10. Revise the section heading and (4) Exercise the authority and carry the Secretary by all other provisions of out the functions vested in the Secretary the Federal hazardous material introductory text to read as follows: under section 5 of the International transportation law (49 U.S.C. 5101 et § 1.74 Delegations to the Under Secretary Bridge Act of 1972 (33 U.S.C. 535) as it seq.), except as delegated by sections for Transportation Policy. relates to pipelines not over navigable 1.47(j)(2), 1.49(s)(2), and 1.73(d)(2). waterways. (3) Serve as the Department’s point of The Under Secretary for (5) Exercise the authority and carry contact and consult with the Transportation Policy is delegated out the functions vested in the Secretary Environmental Protection Agency on authority under the Federal hazardous under the Outer Continental Shelf matters arising under section 3003 of materials transportation law, 49 U.S.C. Lands Act, as amended (43 U.S.C. 1331 the Resources Conservation and 5101 et seq., to: et seq.) with respect to the Recovery Act (42 U.S.C. 6923) and * * * * * establishment, enforcement and review section 9 of the Toxic Substances of regulations concerning pipeline Control Act (15 U.S.C. 2608). Subtitle B—Other Regulations Relating to safety. (c) Carry out the functions vested in Transportation (6) Exercise the authority and carry the Secretary by section 4(e) of the CHAPTER I—PIPELINE AND HAZARDOUS out the functions delegated to the International Safe Container Act (46 MATERIALS SAFETY ADMINISTRATION, Secretary under sections 4(a) and 5(c) of U.S.C. 1503(e)). DEPARTMENT OF TRANSPORTATION Executive Order 12316 (46 FR 42237, (d) Carry out the functions vested in Aug. 20, 1981) (delegating sections the Secretary by sections 5703, 5704, n 11. In subtitle B, revise the heading of 107(c)(1)(c) and 108(b), respectively, of 5705, 5706, and 5707 of the Sanitary 49 CFR chapter I to read as set forth the Comprehensive Environmental Food Transportation Act of 1990 (49 above. Response, Compensation, and Liability U.S.C. 5701–5714). CHAPTER XI—RESEARCH AND Act of 1981, as amended (42 U.S.C. 9601 (e) Exercise the authority and carry INNOVATIVE TECHNOLOGY et seq.)) as they relate to pipelines. out the functions delegated to the ADMINISTRATION, DEPARTMENT OF (7) Exercise the authority and carry Secretary in the following sections of TRANSPORTATION out the functions vested in the Secretary Executive Order 12777 (56 FR 54757, by section 7005 of the Consolidated Oct. 22, 1991): n 12. Also in subtitle B, revise the Omnibus Budget Reconciliation Act of (1) Section 2(b)(2) relating to the heading of Chapter XI to read as set forth 1985 (recodified at 49 U.S.C. 60301 by establishment of procedures, methods, above. Pub. L. 103–272) as they relate to equipment and other requirements to Issued this 13th day of February, 2005 at pipeline safety user fees. prevent discharges from, and to contain Washington, DC. (8) Exercise the authority and carry oil and hazardous substances in, Norman Y. Mineta, out the functions vested in the Secretary pipelines, motor carriers, and railroads; by 49 U.S.C. 6101 et seq. as they relate and Secretary of Transportation. to pipeline damage prevention One Call (2) Section 2(d)(2) relating to the [FR Doc. 05–3245 Filed 2–16–05; 11:15 am] programs. issuance of regulations requiring the BILLING CODE 4910–62–P
VerDate jul<14>2003 15:38 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1 8303
Proposed Rules Federal Register Vol. 70, No. 33
Friday, February 18, 2005
This section of the FEDERAL REGISTER • By mail: Federal Aviation LPC fan blade roots. That AD resulted contains notices to the public of the proposed Administration (FAA), New England from an aborted take-off resulting from issuance of rules and regulations. The Region, Office of the Regional Counsel, LPC fan blade loss, and reports of four purpose of these notices is to give interested Attention: Rules Docket No. 2001–NE– cracked LPC fan blade roots. persons an opportunity to participate in the 12–AD, 12 New England Executive Park, rule making prior to the adoption of the final Actions Since AD 2002–10–15 was rules. Burlington, MA 01803–5299. • By fax: (781) 238–7055. Issued • By e-mail: 9-ane- Since that AD was issued, we have DEPARTMENT OF TRANSPORTATION [email protected]. determined from a sampling of DFL You may examine the AD docket, by coatings on fan blades, that the DFL Federal Aviation Administration appointment, at the FAA, New England coating condition has some variation. Region, Office of the Regional Counsel, The condition appears worse than 14 CFR Part 39 12 New England Executive Park, anticipated on fan blades fitted to disks Burlington, MA. [Docket No. 2001–NE–12–AD] previously run for a significant period. FOR FURTHER INFORMATION CONTACT: Also, since that AD was issued, we RIN 2120–AA64 Christopher Spinney, Aerospace discovered that the Trent 884B engine Engineer, Engine Certification Office, needs to be added to the applicability Airworthiness Directives; Rolls-Royce FAA, Engine and Propeller Directorate, list, and fan blade, P/N FW23552, needs plc RB211 Trent 875, 877, 884, 884B, 12 New England Executive Park, to be added to the list of affected blades. 892, 892B, and 895 Series Turbofan Burlington, MA 01803–5299; telephone: Engines (781) 238–7175, fax: (781) 238–7199. Special Flight Permits Paragraph Removed AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: Administration (FAA), DOT. Comments Invited Paragraph (d) of the current AD, AD 2002–10–15, contains a paragraph ACTION: Notice of proposed rulemaking We invite you to submit any written pertaining to special flight permits. (NPRM). relevant data, views, or arguments Even though this final rule does not regarding this proposal. Send your SUMMARY: The FAA proposes to contain a similar paragraph, we have comments to an address listed under supersede an existing airworthiness made no changes with regard to the use ADDRESSES. Include ‘‘AD Docket No. directive (AD) for Rolls-Royce plc (RR) of special flight permits to operate the 2001–NE–12—AD’’ in the subject line of RB211 Trent 875, 877, 884, 892, 892B, airplane to a repair facility to do the your comments. If you want us to and 895 series turbofan engines. That work required by this AD. In July 2002, acknowledge receipt of your mailed AD currently requires repetitive we published a new Part 39 that comments, send us a self-addressed, application of dry film lubricant (DFL) contains a general authority regarding stamped postcard with the docket to low pressure compressor (LPC) fan special flight permits and airworthiness number written on it; we will date- blade roots. This proposed AD would directives; see Docket No. FAA–2004– stamp your postcard and mail it back to require the same actions but at more 8460, Amendment 39–9474 (69 FR you. We specifically invite comments frequent intervals than the existing AD, 47998, July 22, 2002). Thus, when we on the overall regulatory, economic, add the Trent 884B engine to the list of now supersede ADs we will not include environmental, and energy aspects of engine models affected, add a fan blade a specific paragraph on special flight the proposed AD. If a person contacts us part number (P/N) to the affected list of permits unless we want to limit the use verbally, and that contact relates to a fan blades, and would relax the initial of that general authority granted in substantive part of this proposed AD, DFL repetitive application compliance section 39.23. time for certain fan blades that have we will summarize the contact and never been removed from the disk. This place the summary in the docket. We Replacement of References to Manual proposed AD results from discovering will consider all comments received by Tasks, Repair Schemes, and Coatings the closing date and may amend the DFL in worse condition than anticipated In this proposed AD, we have on fan blades fitted to disks previously proposed AD in light of those comments. replaced references in AD 2002–10–15 run for a significant period. This to Aircraft Maintenance Manual task proposed AD also results from the need Examining the AD Docket 72–31–11–300–801–R00 (Repair to update the list of engine models You may examine the AD Docket Scheme FRS A031 by air spray method affected, and to update the list of fan (including any comments and service only), Engine Manual task 72–31–11– blade part numbers affected. We are information), by appointment, between R001 (Repair Scheme FRS A028), and proposing this AD to prevent LPC fan 8 a.m. and 4:30 p.m., Monday through lubricants, Dow Corning 321R (Rolls- blade loss, which could result in an Friday, except Federal holidays. See Royce (RR) Omat item 4/51), Rocol Dry uncontained engine failure and possible ADDRESSES for the location. Moly Spray (RR Omat item 4/52), aircraft damage. Molydag 709 (RR Omat item 444), or DATES: We must receive any comments Discussion PL.237/R1 (RR Omat item 4/43), with a on this proposed AD by April 19, 2005. On May 16, 2002, the FAA issued AD reference to RR Alert Service Bulletin ADDRESSES: Use one of the following 2002–10–15, Amendment 39–12761 (67 No. RB.211–72–AD347, Revision 6, addresses to submit comments on this FR 36803, May 28, 2002). That AD dated April 22, 2004, which contains proposed AD: requires repetitive application of DFL to that information.
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8304 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
Bilateral Agreement Information ‘‘General requirements.’’ Under that Comments Due Date These engine models are section, Congress charges the FAA with (a) The Federal Aviation Administration manufactured in the U.K. and are type promoting safe flight of civil aircraft in (FAA) must receive comments on this air commerce by prescribing regulations airworthiness directive (AD) action by April certificated for operation in the United 19, 2005. States under the provisions of Section for practices, methods, and procedures 21.29 of the Federal Aviation the Administrator finds necessary for Affected ADs Regulations (14 CFR 21.29) and the safety in air commerce. This regulation (b) This AD supersedes AD 2002–10–15, applicable bilateral airworthiness is within the scope of that authority Amendment 39–12761. because it addresses an unsafe condition agreement. Pursuant to this bilateral Applicability airworthiness agreement, the CAA has that is likely to exist or develop on (c) This AD applies to Rolls-Royce plc (RR) kept the FAA informed of the situation products identified in this rulemaking action. RB211 Trent 875, 877, 884, 884B, 892, 892B, described above. The FAA has and 895 series turbofan engines with low examined the findings of the CAA, Regulatory Findings pressure compressor (LPC) fan blade part reviewed all available information, and We have determined that this numbers (P/Ns): FK 30838, FK30840, determined that AD action is necessary FK30842, FW12960, FW12961, FW12962, proposed AD would not have federalism for products of this type design that are FW13175, FW18548, or FW23552. These implications under Executive Order certificated for operation in the United engines are installed on, but not limited to, 13132. This proposed AD would not Boeing 777 series airplanes. States. have a substantial direct effect on the Unsafe Condition FAA’s Determination and Requirements States, on the relationship between the of the Proposed AD national Government and the States, or (d) This AD results from the discovery of on the distribution of power and dry film lubricant (DFL) condition appearing We have evaluated all pertinent worse than anticipated on fan blades fitted to information and identified an unsafe responsibilities among the various disks previously run for a significant period. condition that is likely to exist or levels of government. This AD also results from the need to update For the reasons discussed above, I develop on other products of this same the list of engine models affected, and to certify that the proposed regulation: update the list of fan blade part numbers type design. Therefore, we are 1. Is not a ‘‘significant regulatory proposing this AD, which would: affected. The actions specified in this AD are action’’ under Executive Order 12866; intended to prevent LPC fan blade loss, • Require repetitive application of 2. Is not a ‘‘significant rule’’ under the which could result in an uncontained engine DFL to LPC fan blade roots at more DOT Regulatory Policies and Procedures failure and possible aircraft damage. frequent intervals than the existing AD; • (44 FR 11034, February 26, 1979); and Compliance Add the Trent 884B engine to the 3. Would not have a significant applicability; economic impact, positive or negative, (e) You are responsible for having the • Add a fan blade P/N to the affected actions required by this AD performed within on a substantial number of small entities list of fan blades; and the compliance times specified unless the • Relax the initial DFL repetitive under the criteria of the Regulatory actions have already been done. application compliance time for certain Flexibility Act. (f) Apply an approved DFL to LPC fan We prepared a summary of the costs fan blades that have never been blade roots as follows: to comply with this proposal and placed (1) For LPC fan blades P/Ns FW13175, removed from the disk. it in the AD Docket. You may get a copy FW12960, FW12961, FW12962, FW18548, Costs of Compliance of this summary by sending a request to and FW23552 that have never been removed from the disk, apply DFL at the first removal There are approximately 388 RR us at the address listed under ADDRESSES. Include ‘‘AD Docket No. from the disk or before 1,200 cycles-in- RB211 Trent 875, 877, 884, 884B, 892, service (CIS), whichever occurs first. 892B, and 895 series turbofan engines of 2001–NE–12–AD’’ in your request. (2) For LPC fan blades P/Ns FW13175, the affected design in the worldwide List of Subjects in 14 CFR Part 39 FW12960, FW12961, FW12962, FW18548, fleet. We estimate that 106 engines and FW23552 that have been removed from Air transportation, Aircraft, Aviation installed on airplanes of U.S. registry the disk since entering service, apply DFL safety, Safety. would be affected by this proposed AD. before accumulating 600 cycles-since-new (CSN) or before accumulating 600 cycles- We also estimate that it would take The Proposed Amendment since-last DFL application, or within 200 CIS approximately six work hours per Accordingly, under the authority from the effective date of this AD, whichever engine to perform the DFL application, delegated to me by the Administrator, occurs later. and that the average labor rate is $65 per the Federal Aviation Administration (3) For LPC fan blades P/Ns FK30842, work hour. Based on these figures, we proposes to amend 14 CFR part 39 as FK30840, and FK300838, apply DFL before accumulating 600 CSN or before estimate the total cost of the proposed follows: AD to U.S. operators to perform one accumulating 600 cycles-since-last DFL repetitive application of DFL to the PART 39—AIRWORTHINESS application, or within 100 CIS after July 2, 2002 (effective date of superseded AD 2002– affected engines to be $41,340. DIRECTIVES 10–15), whichever occurs first. Authority for This Rulemaking 1. The authority citation for part 39 (4) Thereafter, reapply DFL to LPC fan continues to read as follows: blade roots within 600 cycles-since-last DFL Title 49 of the United States Code application. specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. (5) Information on applying DFL to fan rules on aviation safety. Subtitle I, blade roots can be found in RR Alert Service Section 106, describes the authority of § 39.13 [Amended] Bulletin No. RB.211–72–AD347, Revision 6, the FAA Administrator. Subtitle VII, 2. The FAA amends § 39.13 by dated April 22, 2004. Aviation Programs, describes in more removing Amendment 39–12761 (67 FR Alternative Methods of Compliance detail the scope of the Agency’s 36803, May 28, 2002) and by adding a new airworthiness directive, to read as (g) The Manager, Engine Certification authority. Office, has the authority to approve We are issuing this rulemaking under follows: alternative methods of compliance for this the authority described in Subtitle VII, Rolls-Royce plc: Docket No. 2001–NE–12– AD if requested using the procedures found Part A, Subpart III, Section 44701, AD. in 14 CFR 39.19.
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8305
Related Information travel document issued by a competent has a very short read distance, (h) Civil Aviation Authority Airworthiness authority showing the bearer’s origin, approximately four inches. This choice Directive G–2004–0008, dated April 29, 2004, identity and nationality, which is valid is compatible with standards and also addresses the subject of this AD. for the admission of the bearer into a recommendations of ICAO. The Issued in Burlington, Massachusetts, on foreign country. Acquisition of United standards and recommendations are February 10, 2005. States nationality is provided for by found in ICAO Publication 9303, Francis A. Favara, Title III of the Immigration and Machine Readable Travel Documents, Acting Manager, Engine and Propeller Nationality Act of 1952, as amended (8 Part 1, Machine Readable Passports, Directorate, Aircraft Certification Service. U.S.C. 1401, et seq.), including the Fifth Edition 2003; and in the [FR Doc. 05–3191 Filed 2–17–05; 8:45 am] acquisition of U.S. nationality but not recommendations found in Technical citizenship under 8 U.S.C. 1408 by Reports and an Annex supplementing BILLING CODE 4910–13–P individuals born in an outlying that publication relating to the possession of the United States. Section technology supporting the use of 1185(b) of Title 8, U.S.C., requires U.S. electronic chips in travel documents. DEPARTMENT OF STATE citizens to bear a valid U.S. passport to Specifically, the three Technical Reports 22 CFR Part 51 enter or depart the United States unless are ‘‘Development of a Logical Data excepted—exceptions are provided in Structure—LDS for Optimal Capacity [Public Notice 4993] 22 CFR 53.2. The Secretary of State has Expansion Technologies,’’ Revision 1.7, RIN 1400–AB93 sole authority to grant and issue May 18, 2004; ‘‘Development and passports, pursuant to 22 U.S.C. 211a. Specification of Globally Interoperable Electronic Passport Before a passport is issued to any person Biometric Standards for Machine by or under authority of the United Assisted Identity Confirmation Using AGENCY: Department of State. States, such person must subscribe to Machine Readable Travel Documents,’’ ACTION: Proposed rule. and submit a written application, as Version 2.0, May 21, 2004; ‘‘PKI for required by 22 U.S.C. 213. During its Machine Readable Travel Documents SUMMARY: This proposed rule would period of validity, a passport (when Offering ICC Read-only Access,’’ amend the passport regulations to issued to a U.S. citizen for the Version 1.1, October 1, 2004. The Annex incorporate changes required by the maximum period authorized by law) is is ‘‘Use of Contactless Integrated electronic passport. The rule would a document establishing proof of United Circuits in Machine Readable Travel define ‘‘electronic passport,’’ would States citizenship, pursuant to 22 U.S.C. Documents,’’ Version 4.0, May 5, 2004. include a damaged electronic chip as an 2705. 22 CFR 51.2(b) provides that The electronic chip will carry the additional basis for possible unless authorized by the Department no information on the data page of the invalidation of a passport, would person shall bear more than one valid or passport plus a biometric identifier to abolish the U.S. passport amendment potentially valid U.S. passport at any enhance the ability to identify the process except for the convenience of one time. bearer. The biometric chosen for the the U.S. Government, and would The Department plans to introduce an initial version of the U.S. electronic enlarge the reasons for issuing a enhanced version of the traditional passport is the facial image, one of three replacement passport at no fee. The rule passport, using an embedded electronic biometrics currently identified by the would also add unpaid fees as a ground chip to digitally carry the information International Civil Aviation for invalidating a passport. printed on the data page, a biometric Organization (ICAO) as suitable for DATES: The Department will accept version of the bearer’s photo, and inclusion in international travel comments from the public up to 45 days coding to prevent any digital data from documents, although the facial image from February 18, 2005. being altered or removed. The contents was mandatory. Under the proposed ADDRESSES: Written comments and of the data page of the traditional rule, border inspectors would compare questions regarding the proposed rule passport have been established for a the passport bearer with the digital should be addressed to: Chief, Legal very long time by international usage facial image stored on the electronic Division, Office of Passport Policy, and by the International Civil Aviation chip. ICAO also recognizes fingerprints Planning and Advisory Services, 2100 Organization (ICAO). The current and iris scans as acceptable biometrics. Pennsylvania Ave., NW., 3rd Floor, Machine Readable Passport format has As biometric technology is rapidly Washington, DC 20037. You may also been the international standard, used by advancing, the inclusion of facial image send comments by e-mail to: the United States, since 1982 (ICAO data in U.S. passports is considered a [email protected]. Publication 9303, Machine Readable first step in ensuring that an effective Persons with access to the internet Travel Documents, Part I, Machine biometric system is incorporated into may also view this notice and provide Readable Passports, Fifth Edition 2003). the U.S. passport system. Using an embedded electronic chip in comments by going to the The first passport using the enhanced, the passport to store the information regulations.gov Web site at: http:// electronic passport format is expected to from the passport data page will www.regulations.gov/index.cfm. You be issued in mid-2005. After that, the issuance technology would be enhance the security of the document must include the Regulatory sequentially placed into all passport and is expected to benefit travelers by Identification Number (RIN) in the agencies, so that, within a year, all new improving the ability of border officials subject line of your message. passports would be issued in this to verify personal identities. The FOR FURTHER INFORMATION CONTACT: format. All valid old-style passports Department plans to use this format Sharon Palmer-Royston, Office of would continue to be valid until they because of the enhanced security Passport Policy, Planning and Advisory normally expire unless they were features and improved port of entry Services, Bureau of Consular Affairs, individually invalidated. performance provided by the electronic who may be reached at (202) 663–2662. The technology selected for the chip technology. SUPPLEMENTARY INFORMATION: Section electronic passport is the 64 kilobyte The Department considers the 1101(a)(30) of Title 8, United States contactless integrated circuit chip with inclusion of biometric identifiers in Code (U.S.C.), defines a passport as any an antenna. The electronic chip itself international travel documents, made
VerDate jul<14>2003 17:23 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8306 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
possible by electronic chip technology, signature, is stored on the chip, adding the Department of State. While an to be a critical step in upgrading border a major security improvement to the electronic passport with a security for the United States. The passport. The digital signature prevents nonfunctioning electronic chip may biometric identifier contained in the anyone from changing the stored data. continue to be used if the data page is electronic passport is a digitized The stored information will be read at not damaged, it would nonetheless lack photograph of the bearer that will be ports of entry around the world the ability to be read by chip readers at able to be used with internationally equipped with compatible readers. ports of entry and would not reflect the interoperable facial recognition When activated by the port of entry security features inherent in the technology. The Department of reader, the electronic chip responds to electronic chip technology. If the Homeland Security will begin to the query by providing the stored damage were caused deliberately, the implement reader technology through information. passport would be invalidated upon pilot programs by the end of the year. Recent press stories about the use of discovery. Individuals whose passports It is imperative that the Department this technology have noted that the contain failed electronic chips may enhance the ability to confirm that the information will not be ‘‘encrypted’’ and choose to obtain a replacement passport bearer of a passport is the person to mention the concern about identity theft for the balance of the original validity whom the passport was issued. This by unauthorized persons through either period by applying presenting the confirmation at ports of entry helps to skimming (the surreptitious reading of passport, and new photos; or they may prevent misuse of the U.S. passport by the electronic information without the apply for a new full validity passport by individuals who are terrorists, holder’s knowledge) or eavesdropping applying presenting the passport, new criminals, or others who present a (intercepting information from the photos and applicable fees. security risk. electronic chip while it is being read at To verify that the data written on the an official port of entry station). The Defining the Electronic Passport electronic chip has not been tampered United States does not intend to encrypt Section 51.1 of Title 22, Code of with, the Department proposes to the data for the following reasons: the Federal Regulations (CFR) defines the employ digital signatures compliant personal data stored on the passport’s terms used in part 51. This rule would with the ICAO Public Key Infrastructure electronic chip consists simply of the amend § 51.1 by adding a new (PKI) technology. In order to ensure that information traditionally and visibly paragraph (j) providing that an the data contained in the electronic chip displayed on the passport data page; electronic passport is a passport matches the data printed in the physical encrypted data takes longer to read, containing an electronically readable book, electronic chip technology increasing port of entry processing time; device, a chip, encoded with the requires that the data on the electronic and in order to be globally bearer’s personal information contained chip be written only once and not interoperable, encryption would require on the data page, a digitized version of changed. Because the electronic chip a higher level of technology and more the bearer’s photograph, a unique chip technology selected may not be complicated technical coordination number and a digital signature to amended once written, United States with other nations. protect the integrity of the electronically passports would no longer be amended. Although surreptitiously activating readable information. Instead of amending passports when the electronic chip remotely and then Damaged, Defective or Otherwise personal or administrative information reading the return signal amid ambient Nonfunctioning Electronic Chip changes, the passport would be electronic noise is considered replaced. If a bearer’s personal technically very difficult, the Section 51.6 of Title 22, Code of information changes and the bearer Department is taking measures to Federal Regulations (CFR), governs the makes a request within one year of prevent skimming of the unencrypted validity of damaged United States original issuance, the replacement data. By the time the first electronic passports. This rule would amend § 51.6 would be provided without payment of passport is issued, the Department by adding new language providing that a fee. As described below, the intends to place an anti-skimming a damaged, defective, or otherwise discontinuation of amendments would feature in the passport. nonfunctioning electronic chip may be be effective for all passports on the Eavesdropping can only occur while grounds for invalidating a United States effective date of this rule. However, for the electronic chip is being read using passport. A passport with an intact data the convenience of the U.S. a specially designed reader furnished page but a nonfunctioning electronic Government, in rare cases such as travel with the proper public key. chip would still be used as a travel under escort, when a person is returning Eavesdropping is difficult to achieve, document. However, detected attempts to the United States and would no however, in a secured port of entry to alter chip data or to substitute a longer be entitled to a U.S. passport environment. In such an environment, different electronic chip would result in after return, the validity period could be the equipment needed to eavesdrop invalidation. manually limited and this limitation would be obvious and detectable to Passport Amendments and Extensions would be reflected on a later page. authorities managing the port of entry. Under the proposed rule, the The State Department will work Discontinued passport’s electronic chip would vigorously with other governments to In order to protect the security of the duplicate the data that appears on the encourage them to eliminate the threat electronic passport, the passport data visible data page of the passport: the of eavesdropping by requiring all chip page and the electronic chip would bearer’s name, date of birth and place of readers to be electronically shielded to contain the same information. When birth, the passport number, the dates of prevent signals from being transmitted important information contained in a issuance and expiration, the issuing beyond the reader. passport, as for example, the bearer’s authority, the document type, the Under the proposed rule, a passport name or the passport validity period, is passport application reference number, that contains a damaged, defective, or changed, instead of manually amending and the photo in digitized format. It otherwise nonfunctioning electronic the passport to reflect the new would also contain a unique chip chip or with observable wear and tear information, the passport would be identification number. Upon issuance, a that render it unfit for further use as a cancelled and a new passport would be series of numbers, called a digital travel document may be invalidated by issued. This is necessary because the
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8307
electronic chip may not be changed amendments. The current regulations in Regulatory Findings once written. Issuance of a new passport § 51.20 of Title 22, Code of Federal would ensure that the data page and the Regulations (CFR) require that an Administrative Procedure Act chip information would continue to be application for a passport or for an The Department is publishing this identical. However, for the convenience amendment of a passport shall be rule as a proposed rule, with a 45-day of the U.S. Government, the validity completed upon such forms as provision for public comments. The period of a passport may be amended in prescribed by the Department. An Department is providing for a shorter a small number of cases where it would applicant for a passport amendment period than the 60 days suggested by be impossible or inadvisable to issue a uses a specified application form. This Section 6(a) of E.O. 12866 because we new passport. rule would delete, in the first sentence In addition, valid old-style passports believe 45 days will provide the public of § 51.20, the words ‘‘an amendment,’’ with a meaningful opportunity to would be treated in the same way, and to reflect the decision to discontinue comment while advancing important starting on the effective date of this amendments. regulation, they also would no longer be national security and foreign policy Section 51.64 of Title 22, Code of goals. In order to protect the security of amended. While this change will Federal Regulations (CFR) sets out the impose an additional cost for some U.S. borders, it is essential that the requirements for replacement of a Department get the electronic passport individuals who seek a new passport to passport at no cost. This rule would add program up and running as soon as reflect a change in personal data, it new categories of such passports. To possible. In addition, a prompt launch would improve the value of the passport encourage individuals to maintain a of the program will increase our as an identity document and increase passport that accurately reflects their credibility and good will with visa passport security by confining all identity, the rule would provide that waiver program countries, who under personal data to the data page. individuals who have changed their Discontinuing passport amendments name and apply for a replacement U.S. law are required to implement would improve port of entry efficiency passport within one year of the original similar biometric passport programs. for both the passport bearer and port of issuance may be issued a replacement entry officers by simplifying the Regulatory Flexibility Act/Executive passport at no cost. This rule would also Order 13272: Small Business comparison of the bearer’s identity to allow issuance at no cost of a the passport document. replacement passport, for the balance of These proposed changes to the The Department encourages its period of validity, for one whose regulations are hereby certified as not Americans to keep their U.S. passports passport is needed by law enforcement expected to have a significant impact on up to date as a document of identity. or the judiciary for evidentiary a substantial number of small entities Doing so will help prevent unexpected under the criteria of the Regulatory problems that may occur when the purposes. A passport whose electronic identity shown on their passport does chip has failed could be replaced at no Flexibility Act, 5 U.S.C. 601–612, and not match other identity materials. To cost by a passport issued for the balance Executive Order 13272, section 3(b). of the original validity period. encourage individuals to maintain The Small Business Regulatory Nearly all passports applied for passports that accurately reflect their Enforcement Fairness Act of 1996 current identities and to alleviate some abroad, except one-year limited validity of the cost burden, an individual whose emergency passports, are printed in the This proposed rule is not a major rule, personal information has changed United States. At the time of as defined by 5 U.S.C. 804, for purposes within the first year of validity of a new application, all applicable fees are of congressional review of agency passport would be able to return the collected. This amendment would rulemaking under the Small Business passport, along with a completed reflect that those who have been issued Regulatory Enforcement Fairness Act of application, new photos and proof of a one-year validity passport abroad 1996, Public Law 104–121. This rule the personal information change for because of emergency travel may apply would not result in an annual effect on replacement with a new full validity for a full validity replacement passport the economy of $100 million or more; a passport at no additional cost. within one year of the issuance of the major increase in costs or prices; or Sections 51.4, 51.20, 51.32, and 51.66, limited passport for no additional cost. adverse effects on competition, and the title of Subpart E of Title 22, New Ground for Invalidating a employment, investment, productivity, Code of Federal Regulations (CFR) refer Passport innovation, or the ability of United to or govern the procedure whereby States-based companies to compete with Under the proposed rule, if full United States passports are amended foreign based companies in domestic payment of all applicable passport fees and extended. This rule would delete all and export markets. references to the amendment or is not presented, as for example when extension of U.S. passports. a check is returned or a credit card The Unfunded Mandates Reform Act of charge is disputed after delivery of a 1995 Application for Replacement Passport passport, the Department, in addition to Pursuant to Title 22 of the United taking action to collect the delinquent Section 202 of the Unfunded States Code, Section 211a et seq. and fees under 22 CFR part 34 and the Mandates Reform Act of 1995 (UFMA), E.O. 11295, 31 FR 10603 (Aug. 5, 1966), Federal Claims Collection Act, could Public Law 104–4, 109 Stat. 48, 2 U.S.C. the Secretary has broad authority to also send the delinquent bearer a letter 1532, generally requires agencies to issue regulations governing the issuance to the bearer’s last available address prepare a statement before proposing of passports. There is no statutory notifying him or her that the passport any rule that may result in an annual requirement to permit amendments to has been invalidated because the expenditure of $100 million or more by passports, as opposed to requiring that applicable fees have not been received. State, local, or tribal governments, or by a new passport be issued when An invalidated passport cannot be used the private sector. This rule would not personal, or other, information changes. for travel. This proposed rule would add result in any such expenditure nor The Secretary has in the past exercised unpaid fees as a ground for invalidating would it significantly or uniquely affect regulatory discretion to permit a passport. small governments.
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8308 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
Executive Orders 12372 and 13132: replacement passports each year. Thus, chip and the fact that an electronic Federalism the Department estimates that the added passport with a nonfunctioning chip This regulation would not have cost burden on those eligible to seek may continue to be used if the data page substantial direct effects on the States, replacement passports without charge is not damaged, we do not anticipate on the relationship between the national would be $220,000 annually. receiving many such applications. Under the proposed regulation, a government and the States, or the Accordingly, we anticipate that the person who sought to have his or her distribution of power and economic effect would be minimal. passport amended more than one year responsibilities among the various after the date of passport issuance Executive Order 12988: Civil Justice levels of government. Nor would the would have to apply for a new passport Reform rule have federalism implications and incur the costs of photographs ($11 The Department has reviewed the warranting the application of Executive estimated average cost), the passport regulations in light of sections 3(a) and Orders No. 12372 and No. 13132. processing fee ($55 for a full validity 10- 3(b)(2) of Executive Order No. 12988 to Executive Order 12866: Regulatory year passport, $40 for a passport valid eliminate ambiguity, minimize Review for five years for persons under 16 years litigation, establish clear legal of age), the execution fee if not eligible standards, and reduce burden. The Department of State has reviewed to apply by mail ($30) and a new this proposed rule to ensure its The Paperwork Reduction Act of 1995 security surcharge ($12), for a per consistency with the regulatory person additional cost, depending on Under the Paperwork Reduction Act philosophy and principles set forth in fee applicability, of between $63–108. of 1995 (PRA) (44 U.S.C. 3501, et seq.), Executive Order 12866 and has The security surcharge was authorized Federal agencies must obtain approval determined that the benefits of the by the Consolidated Appropriations Act, from OMB for each collection of proposed regulation justify its costs. The 2005 (Public Law 108–447, Division B, information they conduct, sponsor, or Department does not consider the Title IV, Diplomatic and Consular require through regulation. The proposed rule to be an economically Programs appropriation), which set the Department of State has determined that significant regulatory action within the amount at $12. The surcharge will be this proposal contains collection of scope of section 3(f)(1) of the Executive separately implemented through an information requirements for the Order since it is not likely to have an amendment to the Department of State’s purposes of the PRA. In conjunction annual effect on the economy of $100 Schedule of Fees for Consular Services, with the proposed rule, the Department million or more or to adversely affect in which is expected to be published has submitted to OMB its request for a material way the economy, a sector of shortly under RIN 1400–AB94.) The emergency review of four information the economy, productivity, competition, Department estimates that 180,000 collections, which are the subject of jobs, the environment, public health or individuals who would have been able separate Federal Register notices and safety, or State, local, or tribal to obtain no-cost amendments under the requests for public comment. governments or communities. However, existing regulations will apply for new Two of the four collections involve the proposed rule does have important passports annually and incur such costs existing forms that are scheduled for policy implications and involves a under the proposed regulation. We PRA renewal in 2005. The Department critical component of upgrading border arrived at the estimate by subtracting proposes to revise and update the security for the United States. 30,000 uses of Department of State Form instructions associated with existing Accordingly, it has been provided to the DS–19 (U.S. Passport Amendment/ information collections number 1405– Office of Management and Budget Validation Application, OMB 0004 (DS–11, Application for a U.S. (OMB) for review, along with the related Information Collection 1405–0007) for Passport) and 1405–0020 (DS–82, Paperwork Reduction Act submissions the addition of visa pages from the total Application for a U.S. Passport by Mail). described below. of approximately 230,000 uses of Form Among other changes, the revisions By eliminating amendments to DS–19 in FY 2004. We also subtracted would notify applicants that a passport passports except for the convenience of the estimated 20,000 applications for may be invalidated for lack of payment the U.S. Government, the proposed no-charge passports based on name of the requisite fees. regulation would impose additional changes or incorrect personal The Department has also submitted costs on persons who, under the information changes within the first for OMB review two new collections of existing regulations, could obtain year of validity, as described above. The information. One of the new collections amendments (such as name changes, remaining 180,000 would be applying would introduce a new form, DS–5504 corrections in identifying data, or for fee passports. Multiplying 180,000 (U.S. Passport Re-Application Form), to extensions of limited validity periods), applications by the maximum $108 permit application for a replacement at no charge (except for postage, additional per person cost results in an full-validity passport within one year of expediting fees and special return estimated cost burden of $19,440,000. passport issuance based on a change of postage). An individual whose name has Because not every applicant would name, incorrect data, or the emergency changed or whose personal data is incur the maximum additional per issuance abroad of a one-year full-fee incorrectly reflected on the passport person cost (some are children and passport. The other new collection (DS– would be able to obtain a replacement others are adults who could apply by 4085, Application for Additional Visa passport within one year of the mail without incurring an execution Pages) would replace existing passport’s issuance at no charge (except fee), we believe that this figure exceeds information collection number 1405– for postage, expediting fees and special the actual cost burden that will be 0007, which relates to Form DS–19. return postage) but would incur the imposed. Form DS–19 is currently used to apply additional expense of new passport The electronic chip is designed to be for amendment of a U.S. passport or photographs for the replacement very durable. If an electronic chip fails, request issuance of extra visa pages. passport. The estimated average cost for the bearer may apply for a no cost Because passport amendments no longer photographs is $11 per set, and the replacement passport issued for the would be made under the proposed Department estimates that there will be balance of the original validity period. rule, Form DS–19 would be 20,000 applicants for no charge However, given the durability of the discontinued. In its place, Form DS–
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8309
4085 would be introduced solely to § 51.6 Damaged, mutilated or altered expedited processing, unless the enable holders of a valid U.S. passport passport. Department has determined that the to request that extra visa pages be added Any passport which has been applicant is required to apply at a to the passport. materially changed in physical Passport Agency. appearance or composition, or contains List of Subjects in 22 CFR Part 51 * * * * * a damaged, defective or otherwise 9. The title of part 51, subpart E is Administrative practice and nonfunctioning electronic chip, or revised to read as follows: procedure, Drug traffic control, which includes unauthorized changes, * * * * * Passports and visas. obliterations, entries or photographs, or has observable wear and tear that Subpart E—Limitations on Issuance or Accordingly, for the reasons set forth renders it unfit for further use as a travel Use of Passports in the preamble, 22 CFR chapter I would document may be invalidated. be amended as follows: 5. The first sentence of § 51.20 is * * * * * PART 51—PASSPORTS revised to read as follows: Dated: February 10, 2005. § 51.20 General. Maura Harty, 1. The authority citation for part 51 Assistant Secretary for Consular Affairs, An application for a passport, a continues to read as follows: Department of State. replacement passport, extra visa pages, [FR Doc. 05–3080 Filed 2–17–05; 8:45 am] Authority: 22 U.S.C. 211a, 213, 2651a, or other passport related service shall be 2671(d)(3), 2714 and 3926; 31 U.S.C. 9701; completed upon such forms as may be BILLING CODE 4710–06–P E.O. 11295, 3 CFR, 1966–1970 Comp., p 570; prescribed by the Department. * * * sec. 236, Public Law 106–113, 113 Stat. 1501A–430; 18 U.S.C. 1621(a)(2). 6. Section 51.32 is revised to read as follows: DEPARTMENT OF HOMELAND 2. Section 51.1 is amended to add a SECURITY § 51.32 Passport amendments. new paragraph (j) to read as follows: Except for the convenience of the U.S. Coast Guard § 51.1 Definitions. Government, no passport book will be * * * * * amended. 33 CFR Part 165 (j) Electronic passport means a 7. Section 51.64 is revised to read as [CGD01–05–011] passport containing an electronically follows: RIN 1625–AA00, AA87 readable device, an electronic chip § 51.64 Replacement passports. encoded with the bearer’s personal A passport issuing office may issue a Safety and Security Zones; TOPOFF 3, information printed on the data page, a replacement passport for the following New London, CT digitized version of the bearer’s reasons without payment of applicable photograph, a unique chip number, and AGENCY: Coast Guard, DHS. fees: a digital signature to protect the (a) To correct an error or rectify a ACTION: Notice of proposed rulemaking. integrity of the stored information. mistake of the Department. Additional biometric information that SUMMARY: The Coast Guard proposes to (b) When the bearer has changed his may be required in the future will be the establish safety and security zones or her name or other personal identifier subject of a separate Federal rulemaking around waterfront areas in New London, listed on the data page of the passport, process. Connecticut during the Congressionally- and applies for a replacement passport 3. In § 51.4, paragraph (f) is revised mandated third Top Officials exercise within one year of the date of the scheduled for April 2005. These zones and a new paragraph (h)(3) is added to passport’s original issuance. read as follows: are necessary to provide for the safety (c) When the bearer of an emergency and security of participants in the § 51.4 Validity of passports. full fee passport issued for a limited exercise, the surrounding shore and validity period applies for a full validity * * * * * maritime communities from potential passport within one year of the date of sabotage or subversive acts aimed at this (f) Limitation of validity. The validity the passport’s original issuance. period of a passport may be limited by large scale, high profile exercise. These (d) When a passport is retained by law temporary safety and security zones the Secretary to less than the normal enforcement or the judiciary for validity period. The bearer of a limited prohibit persons or vessels from evidentiary purposes and the bearer is entering unless authorized by the passport may apply for a new passport, still eligible to have a passport. using the proper application, and Captain of the Port, Long Island Sound (e) When a passport is issued to or designated representative. submitting the limited passport, replace a passport with a failed applicable fees, photos and additional electronic chip for the balance of the DATES: Comments and related material documentation, if required, to support original validity period. must reach the Coast Guard on or before the issuance of a new passport. 8. Section 51.66, paragraph (a) is March 11, 2005. * * * * * revised to read as follows: ADDRESSES: You may mail comments and related material to Waterways (h) * * * § 51.66 Expedited passport processing. Management Division, Coast Guard (3) The Department has sent a written (a) Within the United States, an Group/Marine Safety Office Long Island notice to the bearer at the bearer’s last applicant for a passport service Sound, 120 Woodward Avenue, New known address that the passport has (including issuance, replacement or the Haven, CT 06512. Coast Guard Group/ been invalidated because the addition of visa pages) may request Marine Safety Office Long Island Sound Department has not received the expedited processing by a Passport maintains the public docket for this applicable fees. Agency. All requests by applicants for rulemaking. Comments and material 4. Section 51.6 is revised to read as in-person services at a Passport Agency received from the public, as well as follows: shall be considered requests for documents indicated in this preamble as
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8310 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
being available in the docket, will Public Meeting will encompass the waters of the become part of this docket and will be We do not now plan to hold a public Thames River approximately 100-yards available for inspection or copying at meeting, but you may submit a request from Fort Trumbull State Park and the Group/Marine Safety Office Long Island for a meeting by writing to Coast Guard Parks piers. The Fort Trumbull Safety Sound, New Haven, CT, between 9 a.m. Group/Marine Safety Office Long Island and Security Zone includes all waters of the Thames River bounded as follows: and 3 p.m., Monday through Friday, Sound at the address under ADDRESSES beginning at the end of the New except Federal holidays. explaining why one would be England Seafood pier at approximate beneficial. If we determine that one FOR FURTHER INFORMATION CONTACT: position 41°20′49.7″ N, 072°05′41.6″ W, would aid this rulemaking, we will hold Lieutenant A. Logman, Chief, thence running in an easterly direction one at a time and place announced by Waterways Management Division, Coast to position 41°20′50.9″ N, 072°05′36.5″ a later notice in the Federal Register. Guard Group/Marine Safety Office Long W, thence in a southeasterly direction to Island Sound at (203) 468–4429. Background and Purpose position 41°20′43.1″ N, 072°05′19.7″ W, ° ′ ″ SUPPLEMENTARY INFORMATION: then south to position 41 20 34.9 N, The third Top Officials (TOPOFF 3) ° ′ ″ exercise, will take place from April 4 072 05 19.6 W, thence southwesterly to Request for Comments a point on the western shore of the through April 10, 2005. TOPOFF 3 is Thames River at position, 41°20′26.6″ N, the third of the Congressionally- The Coast Guard encourages 072°05′38.9″ W, thence northerly along mandated weapons of mass destruction interested persons to participate in this the western shore of the Thames River (WMD) national exercise series. rulemaking by submitting comments to a position on the shore of the Thames TOPOFF 3 will use a series of exercise and related material. Persons submitting River at position 41°20′29.3″ N, activities of increasing complexity, and comments should include their names 072°05′39.7″ W, thence along the shore will simulate a terrorist WMD campaign and addresses, identify the docket of the Thames River to the point of with simulated attacks occurring in the number for this rulemaking (CGD01–05– beginning. 011), indicate the specific section of this States of Connecticut and New Jersey. The safety and security zones document to which each comment Additional TOPOFF activities will be surrounding Ocean Beach will applies, and give the reason for each conducted within the United Kingdom encompass the waters of Long Island comment. Please submit all comments as part of a partnership to strengthen Sound approximately 100-yards off of and related material in an unbound security in both nations. The specific Ocean Beach. The Ocean Beach Safety format, no larger than 81⁄2 by 11 inches, scenarios for the exercise are still being and Security Zone includes all waters of suitable for copying. Persons wanting developed. In New London, Long Island Sound bounded by lines as acknowledgment of receipt of comments Connecticut, these activities will take follows: beginning at a position on the should enclose stamped, self-addressed place mainly in the vicinity of Fort shore of New London, Connecticut at postcards or envelopes. We will Trumbull State Park. Additional position 41°18′31.4″ N, 072°05′39.6″ W, consider all comments and material activities associated with this exercise thence running southeasterly to position received during the comment period. will take place in the vicinity of Ocean 41°18′29.3″ N, 072°05′36.9″ W, thence We may change this proposed rule in Beach in New London. running southwesterly to position view of the comments received. The There will be approximately 800 41°18′11.8″ N, 072°06′2.8″ W, thence period for submitting comments is 21 participants in TOPOFF 3, from various running northwesterly to position days from publication of this NPRM. federal, state and local agencies. 41°18′14.5″ N, 072°06′6.1″ W, thence The Coast Guard finds good cause for a Numerous high-level public officials running northeasterly along the shore to reduced comment period. A shortened will participate, including United States the point of beginning. comment period will provide the public Congressmen and Senators. Participants Entry into these zones is prohibited with the ability to comment on this will be transported to Fort Trumbull via unless authorized by the Captain of the regulation, will provide the Coast Guard land and water transportation. Due to Port, Long Island Sound. Any violation time to consider the comments and the high visibility and high profile of of the safety and security zones incorporate them into a final rule, if the participants, safety and security described herein is punishable by, appropriate, and will provide adequate zones are warranted to safeguard among others, civil and criminal time for the final rule to be published participants and the surrounding penalties, in rem liability against the community from sabotage or other for notification to the public in advance offending vessel, and license sanctions. subversive acts, accidents or other of its effective date. To ensure that the hazards of a similar nature. Regulatory Evaluation public is given ample opportunity to This proposed rule is not a provide input to this proposed Discussion of Proposed Rule ‘‘significant regulatory action’’ under rulemaking in spite of the reduced This rule would create safety and section 3(f) of Executive Order 12866, comment period, Coast Guard Group/ security zones surrounding Fort Regulatory Planning and Review, and Marine Safety Office Long Island Sound Trumbull State Park and Ocean Beach does not require an assessment of will make this NPRM widely available in New London, Connecticut. The safety potential costs and benefits under to the maritime community and general and security zones proposed herein section 6(a)(3) of that Order. The Office public through notification in the Local would be effective from April 2, 2005 of Management and Budget has not Notice to Mariners, marine safety through April 10, 2005. This effective reviewed it under that Order. It is not information bulletins and through local period covers the scheduled exercise ‘‘significant’’ under the regulatory waterways users groups. dates from April 4 through April 10, policies and procedures of the If, as we anticipate we make this 2005, and provides for an additional Department of Homeland Security temporary final rule effective less than period leading up to the exercise to (DHS). We expect the economic impact 30 days after publication in the Federal provide for monitoring and searching of of this rule to be so minimal that a full Register, we will explain in that the area being utilized for the exercise. Regulatory Evaluation under the publication, as required by 5 U.S.C. The safety and security zones regulatory policies and procedures of (d)(3), our good cause for doing so. surrounding Fort Trumbull State Park DHS is unnecessary. This regulation
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8311
may have some impact on the public, Assistance for Small Entities health or risk to safety that might but the potential impact would be Under section 213(a) of the Small disproportionately affect children. minimized for the following reasons: Business Regulatory Enforcement Indian Tribal Governments vessels may transit in all areas of the Fairness Act of 1996 (Pub. L. 104–121), Thames River and Long Island Sound we want to assist small entities in This proposed rule does not have other than those areas covered by the understanding this proposed rule so that tribal implications under Executive safety and security zones proposed they can better evaluate its effects on Order 13175, Consultation and herein. Vessels wishing to transit to Fort them and participate in the rulemaking. Coordination with Indian Tribal Trumbull Marina may request If the rule would affect your small Governments, because it would not have permission to transit through the Fort business, organization, or governmental a substantial direct effect on one or Trumbull and Ocean Beach Safety and jurisdiction and you have questions more Indian tribes, on the relationship Security Zones from the Captain of the concerning its provisions or options for between the Federal Government and Port, Long Island Sound or their on- compliance, please contact LT A. Indian tribes, or on the distribution of scene representatives. Commercial Logman at the address listed in power and responsibilities between the fishing vessels wishing to operate in the ADDRESSES above. Federal Government and Indian tribes. zones may request permission to enter To help the Coast Guard establish the zones in advance of their effective Collection of Information regular and meaningful consultation dates from the COTP, Long Island This proposed rule would call for no and collaboration with Indian and Sound. Additionally, there will be new collection of information under the Alaskan Native tribes, we published a extensive advanced notifications made Paperwork Reduction Act of 1995 (44 notice in the Federal Register (66 FR to the maritime community via the U.S.C. 3501–3520). 36361, July 11, 2001) requesting comments on how to best carry out the Local Notice to Mariners, marine Federalism information broadcasts and local area Order. We invite your comments on maritime committees. The safety and The Coast Guard has analyzed this how this proposed rule might impact security zones have been narrowly proposed rule under Executive Order tribal governments, even if that impact tailored to impose the least impact on 13132, Federalism, and has determined may not constitute a ‘‘tribal maritime interests yet provide the level that this rule does not have implications implication’’ under the Order. for federalism under that Order. of safety and protection deemed Energy Effects necessary for this high visibility event. Unfunded Mandates Reform Act We have analyzed this proposed rule Small Entities The Unfunded Mandates Reform Act under Executive Order 13211, Actions of 1995 (2 U.S.C. 1531–1538) requires Concerning Regulations That Under the Regulatory Flexibility Act Federal agencies to assess the effects of Significantly Affect Energy Supply, (5 U.S.C. 601–612), the Coast Guard their discretionary regulatory actions. In Distribution, or Use. We have considered whether this proposed rule particular, the Act addresses actions determined that it is not a ‘‘significant would have a significant economic that may result in the expenditure by a energy action’’ under that Order because impact on a substantial number of small State, local, or tribal government, in the it is not a ‘‘significant regulatory action’’ entities. The term ‘‘small entities’’ aggregate, or by the private sector of under Executive Order 12866 and is not comprises small businesses, not-for- $100,000,000 or more in any one year. likely to have a significant adverse effect profit organizations that are Though this proposed rule would not on the supply, distribution, or use of independently owned and operated and result in such an expenditure, we do energy. It has not been designated by the are not dominant in their fields, and discuss the effects of this rule elsewhere Administrator of the Office of governmental jurisdictions with in this preamble. Information and Regulatory Affairs as a populations of less than 50,000. Taking of Private Property significant energy action. Therefore, it The Coast Guard certifies under 5 does not require a Statement of Energy This proposed rule would not effect a U.S.C. 605(b) that this proposed rule Effects under Executive Order 13211. would not have a significant economic taking of private property or otherwise impact on a substantial number of small have taking implications under Technical Standards Executive Order 12630, Governmental entities. This rule may affect the The National Technology Transfer Actions and Interference with following entities, some of which may and Advancement Act (NTTAA) (15 Constitutionally Protected Property be small entities: commercial vessels U.S.C. 272 note) directs agencies to use Rights. wishing to transit, fish or anchor in the voluntary consensus standards in their portions of the Thames River or Long Civil Justice Reform regulatory activities unless the agency Island Sound covered by the proposed This proposed rule meets applicable provides Congress, through the Office of rule. For the reasons outlined in the standards in sections 3(a) and 3(b)(2) of Management and Budget, with an Regulatory Evaluation section above, Executive Order 12988, Civil Justice explanation of why using these this rule would not have a significant Reform, to minimize litigation, standards would be inconsistent with impact on a substantial number of small eliminate ambiguity, and reduce applicable law or otherwise impractical. entities. burden. Voluntary consensus standards are If you think that your business, technical standards (e.g., specifications organization, or governmental Protection of Children of materials, performance, design, or jurisdiction qualifies as a small entity The Coast Guard has analyzed this operation; test methods; sampling and that this rule would have a proposed rule under Executive Order procedures; and related management significant economic impact on it, 13045, Protection of Children from systems practices) that are developed or please submit a comment (see Environmental Health Risks and Safety adopted by voluntary consensus ADDRESSES) explaining why you think it Risks. This proposed rule is not an standards bodies. qualifies and how and to what degree economically significant rule and would This proposed rule does not use this rule would economically affect it. not create an environmental risk to technical standards. Therefore, we did
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8312 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
not consider the use of voluntary in an area bounded as follows: vessel operations. This study will focus consensus standards. beginning at a position on the shore of on the northern region: first on Cape New London Connecticut at position Code Bay, and then, if it can be Environment 41°18′31.4″ N, 072°05′39.6″ W, thence accomplished within the timeframe The Coast Guard has considered the running southeasterly to position required by applicable legislation, the environmental impact of this proposed 41°18′29.3″ N, 072°05′36.9″ W, thence area off Race Point at the northern end rule and concluded that, under figure 2– running position southwesterly to of Cape Code (Race Point) and the Great 1, paragraph (34)(g) of Commandant position 41°18′11.8″ N, 072°06′2.8″ W, South Channel, and the southern region: Instruction M16475.1D, this proposed thence running northwesterly to Along the seacoast in the approaches to rule would be categorically excluded position 41°18′14.5″ N, 072°06′6.1″ W, the Ports of Jacksonville and Fernandina from further environmental thence running northeasterly along the Beach, Florida, and Brunswick, Georgia. documentation. A ‘‘Categorical shore to the point of beginning. The recommendations of the study may Exclusion Determination’’ is available in (b) Effective date. This rule is effective lead to future rulemaking actions or the docket where indicated under from 12:01 a.m. on April 2, 2005 until appropriate international agreements. ADDRESSES. 11:59 p.m. on April 10, 2005. DATES: Comments and related material (c) Regulations. (1) In accordance with must reach the Docket Management List of Subjects in 33 CFR Part 165 the general regulations in 165.23 and Facility on or before April 19, 2005. Harbors, Marine safety, Navigation 165.33 of this part, entry into or (water), Reporting and recordkeeping movement within these zones is ADDRESSES: You may submit comments requirements, Security measures, prohibited unless authorized by the identified by Coast Guard docket Waterways. Captain of the Port (COTP), Long Island number USCG–2005–20380 to the Docket Managaement Facility at the U.S. For the reasons discussed in the Sound. Department of Transportation. To avoid preamble, the Coast Guard proposes to (2) All persons and vessels shall duplication, please use only one of the amend 33 CFR part 165 as follows: comply with the instructions of the COTP, or the designated on-scene U.S. following methods: PART 165—REGULATED NAVIGATION Coast Guard representative. On-scene (1) Web site: http://dms.dot.gov. AREAS AND LIMITED ACCESS AREAS Coast Guard patrol personnel include (2) Mail: Docket Management Facility, commissioned, warrant, and petty U.S. Department of Transportation, 400 1. The authority citation for part 165 officers of the Coast Guard on board Seventh Street SW., Washington, DC continues to read as follows: Coast Guard, Coast Guard Auxiliary, 20590–0001. (3) Fax: 202–493–2251. and local, state, and Federal law Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. (4) Delivery: Room PL–401 on the Chapter 701; 50 U.S.C. 191, 195; 33 CFR enforcement vessels. 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Plaza level of the Nassif Building, 400 Dated: February 11, 2005. 107–295, 116 Stat. 2064; Department of Seventh Street SW., Washington, DC, Homeland Security Delegation No. 0170.1. Peter J. Boynton, between 9 a.m. and 5 p.m., Monday Captain, U.S. Coast Guard, Captain of the through Friday, except Federal holidays. 2. From 12:01 a.m. on April 2, 2005 Port, Long Island Sound. The telephone number is 202–366– to 11:59 p.m. on April 10, 2005 add [FR Doc. 05–3120 Filed 2–17–05; 8:45 am] 9329. temporary § 165.T01–011 to read as BILLING CODE 4910–15–P (5) Federal eRulemaking Portal: follows: http://www.regulations.gov. § 165.T01–011 Security and Safety Zone: FOR FURTHER INFORMATION CONTACT: If TOPOFF 3, New London, CT DEPARTMENT OF HOMELAND you have questions on this notice of (a) Locations. (1) Fort Trumbull Safety SECURITY study, call George Detweiler, Office of Vessel Traffic Management, Coast and Security Zone. The following area Coast Guard is a safety and security zone: All waters Guard, telephone 202–267–0574,or send of the Thames River in an area bounded 33 CFR Part 167 e-mail to [email protected]. If as follows: beginning at the end of the you have questions on viewing or New England Seafood pier at [USCG–2005–20380] submitting material to the docket, call approximate position 41°20′49.7″ N, Renee K. Wright, Program Manager, 072°05′41.6″ W, thence running in an Port Access Routes Study of Potential Docket Operations, telephone 202–366– easterly direction to position Vessel Routing Measures To Reduce 0271. 40°20′50.9″ N, 072°05′36.5″ W, thence Vessel Strikes of North Atlantic Right SUPPLEMENTARY INFORMATION: in a southeasterly direction to position Whales Public Participation and Request for 41°20′43.1″ N, 072°05′19.7″ W, then AGENCY: Coast Guard, DHS. ° ′ ″ Comments south to position 41 20 34.9 N, ACTION: Notice of study; request for ° ′ ″ 072 05 19.6 W, thence southwesterly to comments. We encourage you to participate in a point on the western shore of the this study by submitting comments and Thames river at position, 41°20′26.6″ N, SUMMARY: The Coast Guard is related materials. All comments 072°05′38.9″ W, thence northerly along conducting a Port Access Route Study received will be posted, without change, the western shore of the Thames River (PARS) to analyze potential vessel to http://dms.dot.gov and will include to a position on the shore of the Thames routing measures and consider adjusting any personal information you have River at position 41°20′29.3″ N, existing vessel routing measures in provided. We have an agreement with 072°05′39.7″ W, thence along the shore order to reduce vessel strikes of the the Department of Transportation (DOT) of the Thames River to the point of highly endangered North American to use the Docket Management Facility. beginning. right whale. Potential vessel routing Please see DOT’s ‘‘Privacy Act’’ (2) Ocean Beach Safety and Security measures are being considered to paragraph below. Zone. The following area is a safety and protect the right whale from ship strikes Submitting Comments: If you submit security zone: All waters of Long Island in their two major aggregation areas, a comment, please include your name Sound off of New London, Connecticut while minimizing adverse impacts on and address, identify the docket number
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8313
for this notice of study (USCG–2005– traffic separation scheme and the Background and Purpose 20380), indicate the specific section of adjacent coast, to be used in accordance Why is this study being conducted? this document to which each comment with the provisions of Rule 10(d), as The National Marine Fisheries Service applies, and give the reason for each amended, of the International (NMFS) of the National Oceanic and comment. You may submit your Regulations for Preventing Collisions at Atmospheric Administration recently comments and material by electronic Sea, 1972 (COLREGS). published an advance notice of means, mail, fax, or delivery to the Precautionary area means a routing proposed rulemaking (NMFS ANPRM) Docket Management Facility at the measure comprising an area within (69 FR 30857, June 1, 2004) in the ADDRESSES address under ; but please defined limits where vessels must Federal Register, which announced that submit your comments and material by navigate with particular caution and it is considering regulations to only one means. If you submit them by within which the direction of traffic implement a strategy to reduce ship mail or delivery, submit them in an flow may be recommended. strikes of right whales (Strategy). The unbound format, no larger than 81⁄2 by Recommended route means a route of goal of the Strategy is to address the lack 11 inches, suitable for copying and undefined width, for the convenience of of recovery of the right whale by electronic filing. If you submit them by vessels in transit, which is often marked reducing the likelihood and threat of mail and would like to know that they by centerline buoys. ship strikes. reached the Facility, please enclose a Recommended track is a route which Section 626 of the Coast Guard and stamped, self-addressed postcard or has been specially examined to ensure Maritime Transportation Act of 2004 envelope. We will consider all so far as possible that it is free of (the 2004 Act) (enacted August 9, 2004) comments and material received during mandates that the Coast Guard shall: (1) the comment period. dangers and along which vessels are Viewing Comments and Documents: advised to navigate. Cooperate with the National Oceanic To view comments, as well as Regulated Navigation Area or RNA* and Atmospheric Administration ‘‘in documents mentioned in this preamble means a water area within a defined analyzing potential vessel routing as being available in the docket, go to boundary for which regulations for measures for reducing vessel strikes of http://dms.dot.gov at any time and vessels navigating within the area have North Atlantic Right Whales, as conduct a simple search using the been established under 33 CFR part 165. described in the notice published at docket number. You may also visit the Roundabout means a routing measure pages 30857 through 30861 of volume Docket Management Facility in room comprising a separation point or 69 of the Federal Register;’’ and (2) PL–401 on the Plaza level of the Nassif circular separation zone and a circular provide a final report of the analysis to Building, 400 Seventh Street SW., traffic lane within defined limits. Traffic Congress within 18 months after the Washington, DC, between 9 a.m. and 5 within the roundabout is separated by date of enactment of the Act. p.m., Monday through Friday, except moving in a counterclockwise direction The Coast Guard is charged with Federal holidays. around the separation point or zone. enforcing the Marine Mammal Privacy Act: Anyone can search the Separation Zone or separation line Protection Act (MMPA), the Endangered electronic form of all comments means a zone or line separating the Species Act (ESA), and the regulations received into any of our dockets by the traffic lanes in which vessels are issued under those statutes. One of the name of the individual submitting the proceeding in opposite or nearly Coast Guard’s primary strategic goals is comment (or signing the comment, if opposite directions; or from the adjacent the protection to the marine submitted on behalf of an association, sea area; or separating traffic lanes environment, including the business, labor union, etc.). You may designated for particular classes of conservation of living marine resources review the Department of vessels proceeding in the same and enforcement of living marine Transportation’s Privacy Act Statement direction. resource laws. in the Federal Register published on The Coast Guard works in Traffic lane means an area within collaboration with NMFS to prevent April 11, 2000 (65 FR 19477), or you defined limits in which one-way traffic may visit http://dms.dot.gov. ship strikes. The Coast Guard issues is established. Natural obstacles, local and written periodic notices to Definitions including those forming separation mariners concerning ship strikes, issues zones, may constitute a boundary. The following definitions are from the NAVTEX messages alerting mariners to Traffic Separation Scheme or TSS International Maritime Organization’s the location of right whales, and means a routing measure aimed at the (IMO’s) publication ‘‘Ships’ Routing’’ actively participates in the Mandatory separation of opposing streams of traffic (except those marked by an asterisk) and Ship Reporting (MSR) System that by appropriate means and by the should help you review this notice: provides information to mariners Area to be avoided or ATBA means a establishment of traffic lanes. entering right whale habitat. In addition, routing measure comprising an area Two-way route means a route within the Coast Guard provides patrols within defined limits in which either defined limits inside which two-way dedicated to enforcement of the ESA navigation is particularly hazardous or traffic is established, aimed at providing and the MMPA, provides limited vessel it is exceptionally important to avoid safe passage of ships through waters and aircraft support to facilitate right casualties and which should be avoided where navigation is difficult or whale research and monitoring, and by all vessels, or certain classes of dangerous. disseminates NMFS information packets vessels. Vessel routing system means any to vessels boarded in or near right whale Deep-water route means within system of one or more routes or routing waters. NMFS asked the Coast Guard for defined limits, which has been measures aimed at reducing the risk of assistance in its ship-strike rulemaking accurately surveyed for clearance of sea casualties; it includes traffic separation by conducting this PARS. bottom and submerged obstacles as schemes, two-way routes, recommended When are port access route studies indicated on nautical charts. tracks, areas to be avoided, no anchoring required? Under the Ports and Inshore traffic zone means a routing areas, inshore traffic zones, Waterways Safety Act (PWSA) (33 measure comprising a designated area roundabouts, precautionary areas, and U.S.C. 1223(c)), the Commandant of the between the landward boundary of a deep-water routes. Coast Guard may designate necessary
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8314 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
fairways and traffic separation schemes 2. Recommend creating vessel routing routing measures, if any, or new routing (TSSs) to provide safe access routes for measures other than those proposed in measures, such as those described in the vessels proceeding to and from U.S. the NMFS ANPRM for the two areas; NMFS ANPRM, have on the study area? ports. The PWSA provides that such 3. Validate existing vessel routing Dated: February 10, 2005. measures, if any, and conclude that no designation of fairways and TSSs must Howard L. Hime, recognize, within the designated areas, changes are necessary; or 4. Recommend changes be made to Acting Director of Standards, Marine Safety, the paramount right of navigation over Security and Environmental Protection. all other uses. the existing vessel routing measures, if [FR Doc. 05–3117 Filed 2–17–05; 8:45 am] The PWSA requires the Coast Guard any, in order to reduce the threat of ship to conduct a study of potential traffic strikes of right whales. BILLING CODE 4910–15–M density and the need for safe access The recommendations may lead to routes for vessels before establishing or future rulemakings or appropriate adjusting fairways or TSSs. Through the international agreements. ENVIRONMENTAL PROTECTION AGENCY study process, we must coordinate with Possible Scope of the Recommendations Federal, State, and foreign state agencies We expect that information gathered 40 CFR Part 60 (as appropriate) and consider the views during the study will identify any of maritime community representatives, [OAR–2004–0490, FRL–7874–1] problems and appropriate solutions. environmental groups, and other The study may recommend that, in any RIN 2060–AM79 interested stakeholders. A primary or all of the study areas, all or some of purpose of this coordination is, to the the following items be accompished: Standards of Performance for extent practicable, to reconcile the need 1. Maintain current vessel routing Stationary Combustion Turbines for safe access routes with other measures, if any. reasonable waterway uses. AGENCY: Environmental Protection 2. Establish Traffic Separation Agency (EPA). What are the timetable, study area, Schemes (TSS) at the entrances to the ACTION: and process of this PARS? The Vessel identified ports. Proposed rule. Traffic Management Division (G–MWV) 3. Designate recommended or of Coast Guard Headquarters will SUMMARY: The EPA is proposing mandatory routes. standards of performance for new conduct this PARS. The study will 4. Create one or more precautionary stationary combustion turbines in 40 begin immediately and must be areas. CFR part 60, subpart KKKK. The new completed by September, 2005, in order 5. Create one or more inshore traffic standards would reflect changes in for the Coast Guard and NMFS to zones. prepare their required report to 6. Create deep-draft routes. nitrogen oxides (NOX) emission control Congress by January, 2006. 7. Establish area(s) to be avoided technologies and turbine design since The study area is divided into two (ATBA). standards for these units were originally regions described as follows: 8. Establish, disestablish, or modify promulgated in 40 CFR part 60, subpart GG. The NO and sulfur dioxide (SO ) 1. Northern region: Cape Cod Bay; the anchorage grounds. X 2 standards have been established at a area off Race Point at the northern end 9. Establish a Regulated Navigation level which brings the emission limits of Cape Cod (Race Point) and the Great Area (RNA) with specific vessel up to date with the performance of South Channel. operating requirements to ensure safe current combustion turbines and their 2. Southern region: The area bounded navigation near shallow water. emissions. to the north by a line drawn at latitude 10. Identify any other appropriate 31° 27′N (which coincides with the ships’ routing measures to be used. DATES: Comments must be received on northernmost boundary of the Questions or before April 19, 2005, or 30 days after the date of any public hearing, if later. mandatory ship reporting system) and to To help us conduct the port access Public Hearing. If anyone contacts the south by a line drawn at latitude route study, we request comments on ° ′ EPA by March 10, 2005, requesting to line 29 45 N. The eastern offshore the following questions, although speak at a public hearing, EPA will hold boundary is formed by a line drawn at comments on other issues addressed in ° ′ a public hearing on March 21, 2005. If longitude 81 00 W and the western this document are also welcome. In you are interested in attending the boundary is formed by the shoreline. responding to a question, please explain public hearing, contact Ms. Eloise Included in this area are the ports of your reasons for each answer and follow Shepherd at (919) 541–5578 to verify Jacksonville and Fernandina, FL, and the instructions under ‘‘Public that a hearing will be held. Brunswick, GA. Participation and Request for As part of this study, we will consider comments’’ above. ADDRESSES: Submit your comments, previous studies, analyses of vessel 1. What navigational hazards do identified by Docket ID No. OAR–2004– traffic density, and agency and vessels operating in the study areas 0490, by one of the following methods: stakeholder experience in and public face? Please describe. • Federal eRulemaking Portal: http:// comments on vessel traffic management, 2. Are there strains on the current www.regulations.gov. Follow the on-line navigation, ship handling, and affects of vessel routing system, such as instructions for submitting comments. weather. We encourage you to increasing traffic density? If so, please • Agency Web site: http:// participate in the study process by describe. www.epa.gov/edocket. EDOCKET, EPA’s submitting comments in response to this 3. What are the benefits and electronic public docket and comment notice. drawbacks to modifying existing vessel system, is EPA’s preferred method for We will publish the results of the routing measures, if any, or establishing receiving comments. Follow the on-line PARS in the Federal Register. The study new routing measures such as those instructions for submitting comments. may— described in the NMFS ANPRM? If so, • E-mail: Send your comments via 1. Recommend implementing the please describe. electronic mail to a-and-r- vessel routing measures identified in the 4. What impacts, both positive and [email protected], Attention Docket ID NMFS ANPRM for the two areas; negative, would changes to existing No. OAR–2004–0490.
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8315
• Fax: Fax your comments to (202) docket and made available on the C. What Is the Affected Source? 566–1741, Attention Docket ID No. Internet. If you submit an electronic D. What Emission Limits Must I Meet? OAR–2004–0490. comment, EPA recommends that you E. If I Modify or Reconstruct My Existing • Mail: Send your comments to: EPA include your name and other contact Turbine, Does the Proposed Rule Apply Docket Center (EPA/DC), Environmental information in the body of your To Me? Protection Agency, Mailcode 6102T, comment and with any disk or CD–ROM F. How Do I Demonstrate Compliance? 1200 Pennsylvania Ave., NW., G. What Monitoring Requirements Must I you submit. If EPA cannot read your Meet? Washington, DC 20460, Attention comment due to technical difficulties H. What Reports Must I Submit? Docket ID No. OAR–2004–0490. Please and cannot contact you for clarification, IV. Rationale for the Proposed Rule include a total of two copies. The EPA EPA may not be able to consider your A. Why Did EPA Choose Output-Based requests a separate copy also be sent to comment. Electronic files should avoid Standards? the contact person identified below (see the use of special characters, any form B. How Did EPA Determine the Proposed FOR FURTHER INFORMATION CONTACT). In of encryption, and be free of any defects NOX Limits? addition, please mail a copy of your or viruses. For additional information C. How Did EPA Determine the Proposed comments on the information collection about EPA’s public docket visit SO2 Limit? provisions to the Office of Information EDOCKET on-line or see the Federal D. What Other Criteria Pollutants Did EPA and Regulatory Affairs, Office of Register of May 31, 2002 (67 FR 38102). Consider? Management and Budget (OMB), Attn: Docket: All documents in the docket E. How Did EPA Determine Testing and Desk Officer for EPA, 725 17th St. NW., are listed in the EDOCKET index at Monitoring Requirements for the Proposed Rule? Washington, DC 20503. http://www.epa.gov/edocket. Although • F. Why Are Heat Recovery Steam Hand Delivery: Deliver your listed in the index, some information is Generators Included in 40 CFR part 60, comments to: EPA Docket Center (EPA/ not publicly available, i.e., CBI or other Subpart KKKK? DC), EPA West Building, Room B108, information whose disclosure is G. What Emission Limits Must I Meet if I 1301 Constitution Ave., NW., restricted by statute. Certain other Fire More Than One Type of Fuel? Washington DC, 20460, Attention material, such as copyrighted material, H. Why Can I No Longer Claim a Fuel- Docket ID No. OAR–2004–0490. Such is not placed on the Internet and will be Bound Nitrogen Allowance? deliveries are accepted only during the publicly available only in hard copy I. Why Isn’t My IGCC Turbine Covered in normal hours of operation (8:30 a.m. to form. Publicly available docket 40 CFR Part 60, Subpart KKKK? 4:30 p.m., Monday through Friday, materials are available either V. Environmental and Economic Impacts excluding legal holidays), and special electronically in EDOCKET or in hard A. What Are the Air Impacts? B. What Are the Energy Impacts? arrangements should be made for copy at the Docket, EPA/DC, EPA West, C. What Are the Economic Impacts? deliveries of boxed information. Room B102, 1301 Constitution Ave., VI. Statutory and Executive Order Reviews Instructions: Direct your comments to NW., Washington, DC. The Public A. Executive Order 12866: Regulatory Docket ID No. OAR–2004–0490. The Reading Room is open from 8:30 a.m. to Planning and Review EPA’s policy is that all comments 4:30 p.m., Monday through Friday, B. Paperwork Reduction Act received will be included in the public excluding legal holidays. The telephone C. Regulatory Flexibility Act docket without change and may be number for the Public Reading Room is D. Unfunded Mandates Reform Act made available online at http:// (202) 566–1744, and the telephone E. Executive Order 13132: Federalism www.epa.gov/edocket, including any number for the EPA Docket Center is F. Executive Order 13175: Consultation personal information provided, unless (202) 566–1742. and Coordination with Indian Tribal the comment includes information Governments FOR FURTHER INFORMATION CONTACT: Mr. G. Executive Order 13045: Protection of claimed to be Confidential Business Jaime Pagan, Combustion Group, Children From Environmental Health Information (CBI) or other information Emission Standards Division (C439–01), and Safety Risks whose disclosure is restricted by statute. U.S. EPA, Research Triangle Park, North H. Executive Order 13211: Actions that Do not submit information that you Carolina 27711; telephone number (919) Significantly Affect Energy Supply, consider to be CBI or otherwise 541–5340; facsimile number (919) 541– Distribution, or Use protected through EDOCKET, 5450; e-mail address I. National Technology Transfer and regulations.gov, or e-mail. The EPA ‘‘[email protected].’’ Advancement Act EDOCKET and the Federal SUPPLEMENTARY INFORMATION: regulations.gov Web sites are I. General Information Organization of This Document. The ‘‘anonymous access’’ systems, which A. Does This Action Apply to Me? means EPA will not know your identity following outline is provided to aid in or contact information unless you locating information in this preamble. Regulated Entities. Categories and provide it in the body of your comment. I. General Information entities potentially regulated by this If you send an e-mail comment directly A. Does This Action Apply to Me? action are those that own and operate to EPA without going through B. What Should I Consider as I Prepare My new stationary combustion turbines Comments for EPA? EDOCKET or regulations.gov, your e- II. Background Information with a peak rated power output greater mail address will be automatically III. Summary of the Proposed Rule than or equal to 1 megawatt (MW). captured and included as part of the A. Does the Proposed Rule Apply to Me? Regulated categories and entities comment that is placed in the public B. What Pollutants Would Be Regulated? include:
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8316 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
Category NAICS SIC Examples of regulated entities
Any industry using a new stationary combustion tur- 2211 4911 Electric services. bine as defined in the proposed rule. 486210 4922 Natural gas transmission. 211111 1311 Crude petroleum and natural gas. 211112 1321 Natural gas liquids. 221 4931 Electric and other services, combined.
This table is not intended to be c. Explain why you agree or disagree; and SO2 are known to cause adverse exhaustive, but rather provides a guide suggest alternatives and substitute health and environmental effects. The for readers regarding entities likely to be language for your requested changes. proposed standards represent regulated by this action. To determine d. Describe any assumptions and reductions in the NOX and SO2 limits of whether your facility is regulated by this provide any technical information and/ over 80 and 93 percent, respectively. action, you should examine the or data that you used. The output-based standards in the applicability criteria in section 60.4305 e. If you estimate potential costs or proposed rule would allow owners and of the proposed rule. For further burdens, explain how you arrived at operators the flexibility to meet their information concerning applicability your estimate in sufficient detail to emission limit targets by increasing the and rule determinations, contact the allow for it to be reproduced. efficiency of their turbines. appropriate State or local agency f. Provide specific examples to representative. For information illustrate your concerns, and suggest III. Summary of the Proposed Rule concerning the analyses performed in alternatives. A. Does the Proposed Rule Apply to Me? developing the New Source g. Explain your views as clearly as Performance Standards (NSPS), consult possible, avoiding the use of profanity Today’s proposed standards would the contact person listed in the or personal threats. apply to new stationary combustion preceding FOR FURTHER INFORMATION h. Make sure to submit your turbines with a power output at peak CONTACT section. comments by the comment period load greater than or equal to 1 MW. The deadline identified. applicability of the proposed rule is B. What Should I Consider as I Prepare Docket. The docket number for the similar to that of existing 40 CFR part My Comments for EPA? proposed NSPS (40 CFR part 60, subpart 60, subpart GG, except that the 1. Submitting CBI. Do not submit this KKKK) is Docket ID No. OAR–2004– proposed rule would apply to new information to EPA through EDOCKET, 0490. stationary combustion turbines, and regulations.gov or e-mail. Send or World Wide Web (WWW). In addition their associated heat recovery steam deliver information identified as CBI to to being available in the docket, an generators (HRSG) and duct burners. A only the following address: Mr. Jaime electronic copy of the proposed rule is new stationary combustion turbine is Pagan, c/o OAQPS Document Control also available on the WWW through the defined as any simple cycle combustion Officer (Room C404–02), U.S. EPA, Technology Transfer Network Website turbine, regenerative cycle combustion Research Triangle Park, NC 27711, (TTN Web). Following signature, EPA turbine, or combined cycle steam/ Attention Docket ID No. OAR–2004– will post a copy of the proposed rule on electric generating system that is not 0490. Clearly mark the part or all of the the TTN’s policy and guidance page for self-propelled and that commences information that you claim to be CBI. newly proposed or promulgated rules at construction, modification, or For CBI information in a disk or CD http://www.epa.gov/ttn/oarpg. The TTN reconstruction after February 18, 2005. ROM that you mail to EPA, mark the provides information and technology The new stationary combustion turbines outside of the disk or CD ROM as CBI exchange in various areas of air subject to the proposed standards are and then identify electronically within pollution control. If you need more exempt from the requirements of 40 CFR the disk or CD ROM the specific information regarding the TTN, call the part 60, subpart GG. Heat recovery information that is claimed as CBI. In TTN HELP line at (919) 541–5384. steam generators and duct burners subject to the proposed rule would be addition to one complete version of the II. Background Information comment that includes information exempt from the requirements of 40 CFR claimed as CBI, a copy of the comment This action proposes NSPS that part 60, subparts Da and Db. would apply to new stationary that does not contain the information B. What Pollutants Would Be Regulated? claimed as CBI must be submitted for combustion turbines greater than or inclusion in the public docket. equal to 1 MW that commence The pollutants to be regulated by the Information so marked will not be construction, modification or proposed standards are NOX and SO2. reconstruction after February 18, 2005. disclosed except in accordance with C. What Is the Affected Source? procedures set forth in 40 CFR part 2. The NSPS are being proposed pursuant 2. Tips for Preparing Your Comments. to section 111 of the Clean Air Act The affected source for the proposed When submitting comments, remember (CAA) which requires the EPA to stationary combustion turbine NSPS is to: promulgate and periodically revise the each stationary combustion turbine with a. Identify the rulemaking by docket NSPS, taking into consideration a power output at peak load greater than number and other identifying available control technologies and the or equal to 1 MW, that commences information (subject heading, Federal costs of control. The EPA promulgated construction, modification, or Register date and page number). the NSPS for stationary gas turbines in reconstruction after February 18, 2005. b. Follow directions. The EPA may 1979 (44 FR 52798). Since promulgation Integrated gasification combined cycle ask you to respond to specific questions of the NSPS for stationary gas turbines, (IGCC) combustion turbine facilities or organize comments by referencing a many advances in the design and covered by subpart Da of 40 CFR part 60 Code of Federal Regulations (CFR) part control of emissions from stationary (the Utility NSPS) are exempt from the or section number. turbines have occurred. Nitrogen oxides requirements of the proposed rule.
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8317
D. What Emission Limits Must I Meet? useful recovered energy, nanograms/ presented in Table 1 of this preamble. Joule (ng/J) or pounds per megawatt- The output of the turbine does not The format of the proposed standards hour (lb/MW-hr). There are four include any steam turbine output and for NOX is an output-based emission subcategories, and thus four separate refers to the rating of the combustion limit in units of emissions mass per unit output-based NOX limits. These are turbine itself.
TABLE 1.—NOX EMISSION STANDARDS (NG/J)
Combustion turbine size Combustion turbine fuel type < 30 MW ≥ 30 MW
Natural gas ...... 132 (1.0 lb/MW-hr) 50 (0.39 lb/MW-hr) Oil and other fuel ...... 234 (1.9 lb/MW-hr) 146 (1.2 lb/MW-hr)
We have determined that it is F. How Do I Demonstrate Compliance? each full unit operating hour, each appropriate to exempt emergency In order to demonstrate compliance monitor would complete a minimum of one cycle of operation for each 15- combustion turbines from the NOX with the NOX limit, an initial limit. We have defined these units as performance test is required. If you are minute quadrant of the hour. For partial turbines that operate in emergency using water or steam injection, you must unit operating hours, at least one valid situations. For example, turbines used continuously monitor your water or data point would be obtained for each to supply electric power when the local steam to fuel ratio in order to quadrant of the hour in which the unit utility service is interrupted are demonstrate compliance and you are operates. considered to fall under this definition. not required to perform annual stack If you operate any new turbine which In addition, we are proposing that testing to demonstrate compliance. If does not use water or steam injection to combustion turbines used by you are not using water or steam control NOX emissions, you would have manufacturers in research and injection, you would conduct to perform annual stack testing to development of equipment for both performance tests annually following demonstrate continuous compliance combustion turbine emission control the initial performance test in order to with the NOX limit. Alternatively, you techniques and combustion turbine demonstrate compliance. Alternatively, could elect either to use a NOX CEMS efficiency improvements be exempted you may choose to demonstrate or perform continuous parameter monitoring as follows: from the NOX limit. Given the small continuous compliance with the use of number of turbines that are expected to a continuous emission monitoring (1) For a diffusion flame turbine fall under this category and since there system (CEMS) or parametric without add-on selective catalytic is not one definition that can provide an monitoring; if you choose this option, reduction (SCR) controls, you would all-inclusive description of the type of you are not required to conduct define at least four parameters research and development work that subsequent annual performance tests. indicative of the unit’s NOX formation If you are using a NO CEMS, the qualifies for the exemption from the X characteristics, and you would monitor initial performance test required under NO limit, we have decided that it is these parameters continuously; X 40 CFR 60.8 may, alternatively, coincide appropriate to make these exemption (2) For any lean premix stationary with the relative accuracy test audit combustion turbine, you would determinations on case by case basis (RATA). If you choose this as your only. continuously monitor the appropriate initial performance test, you must parameters to determine whether the The proposed standard for SO2 is the perform a minimum of nine reference unit is operating in the lean premixed same for all turbines regardless of size method runs, with a minimum time per combustion mode; and fuel type. You may not cause to be run of 21 minutes, at a single load level, (3) For any turbine that uses SCR to discharged into the atmosphere from the between 90 and 100 percent of peak (or reduce NO emissions, you would the highest achievable) load. You must X subject stationary combustion turbine continuously monitor appropriate use the test data both to demonstrate any gases which contain SO2 in excess parameters to verify the proper compliance with the applicable NO of 73 ng/J (0.58 lb/MW-hr). You would X operation of the emission controls; and be able to choose to comply with the emission limit and to provide the (4) For affected units that are also SO limit itself or with a limit on the required reference method data for the 2 regulated under part 75 of this chapter, sulfur content of the fuel. We are RATA of the CEMS. The requirement to if you elect to monitor the NO proposing this sulfur content limit to be test at three additional load levels is X waived. emission rate using the methodology in 0.05 percent by weight (500 parts per appendix E to part 75 of this chapter, or million by weight (ppmw)). G. What Monitoring Requirements Must the low mass emissions methodology in E. If I Modify or Reconstruct My Existing I Meet? 40 CFR 75.19, the monitoring Turbine, Does the Proposed Rule Apply If you are using water or steam requirements of the turbine NSPS may to Me? injection to control NOX emissions, you be met by performing the parametric would have to install and operate a monitoring described in section 2.3 of The proposed standards would apply continuous monitoring system to appendix E of part 75 of this chapter or to stationary combustion turbines that monitor and record the fuel in 40 CFR 75.19(c)(1)(iv)(H). are modified or reconstructed after consumption and the ratio of water or Alternatively, you could petition the February 18, 2005. The guidelines for steam to fuel being fired in the turbine. Administrator for other acceptable determining whether a source is Alternatively, you could use a CEMS methods of monitoring your emissions. modified or reconstructed are given in consisting of NOX and oxygen (O2) or If you choose to use a CEMS or perform 40 CFR 60.14 and 60.15, respectively. carbon dioxide (CO2) monitors. During parameter monitoring to demonstrate
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8318 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
continuous compliance, annual stack emissions and monitor downtime, in improved dramatically. At the current testing is not required. accordance with 40 CFR 60.7(c). Excess time, lean premix turbines, or dry low If you operate any stationary emissions would be reported for all 4- NOX, dominate the market for combustion turbine subject to the hour rolling average periods of unit combustion turbines fired by natural provisions of the proposed rule, and you operation, including start-up, shutdown, gas. To determine the proposed NOX choose not to comply with the SO2 stack and malfunctions where emissions limits, we evaluated stack test data for limit, you would monitor the total exceed the allowable emission limit or stationary combustion turbines of sulfur content of the fuel being fired in where one or more of the monitored different sizes. The data provided us the turbine. There are several options process or control parameters exceeds with information on actual NOX for determining the frequency of fuel the acceptable range as determined in emissions performance in relation to the sampling, consistent with appendix D to the monitoring plan. size of the unit and the type of fuel part 75 of this chapter for fuel oil; and being used. In addition, we obtained the sulfur content would be determined IV. Rationale for the Proposed Rule information from turbine manufacturers and recorded once per unit operating A. Why Did EPA Choose Output-Based on the NOX levels that they guarantee day for gaseous fuel, unless a custom Standards? for their new stationary combustion fuel sampling schedule is used. turbines. We only used these We have written the proposed Alternatively, you could elect not to manufacturer guarantees to confirm the standards to incorporate output-based monitor the total sulfur content of the NO levels observed in the stack test NO and SO limits. The primary X fuel combusted in the turbine, if you X 2 data that we studied. demonstrate that the fuel does not to benefit of output-based standards is that We considered requiring the use of they recognize energy efficiency as a exceed a total sulfur content of 300 SCR in setting the limit for NOX. ppmw. This demonstration may be form of pollution prevention. The use of However, we determined that the costs performed by using the fuel quality more efficient technologies reduces for SCR were high compared to the characteristics in a current, valid fossil fuel use and leads to reductions in incremental difference in emission purchase contract, tariff sheet, or the environmental impacts associated concentration. Newer large turbines transportation contract, or through with the production and use of fossil without add-on controls can readily representative fuel sampling data which fuels. Another benefit is that output- achieve 9 or 10 parts per million (ppm). show that the sulfur content of the fuel based standards allow sources to use The use of SCR might bring this level does not exceed 300 ppmw. energy efficiency as a part of their down to 2 to 4 ppm. In addition, SCR If you choose to monitor combustion emissions control strategy. This may be difficult to implement for parameters or parameters indicative of provides an additional compliance turbines operating under variable loads. proper operation of NOX emission option that can lead to reduced We determined that the incremental controls, the appropriate parameters compliance costs as well as lower benefit in emissions reductions did not would be continuously monitored and emissions. justify the costs and technical recorded during each run of the initial Several States have initiated challenges associated with the addition performance test, to establish acceptable regulations or permits-by-rule for and operation of SCR. Therefore, we did operating ranges, for purposes of the distributed generation (DG) units, not base the NOX emission limit on this parameter monitoring plan for the including combustion turbines. States add-on control. However, add-on affected unit. that have made efforts to regulate DG control technologies may be required at If you are required to periodically sources include California, Texas, New the State or local level, for Prevention of determine the sulfur content of the fuel York, New Jersey, Connecticut, Significant Deterioration (PSD) and New combusted in the turbine, a minimum of Delaware, Maine, and Massachusetts. Source Review (NSR) programs. three fuel samples would be collected Those State rules include emission We identified a distinct difference in during the performance test. For liquid limits that are output-based, and many the technologies and capabilities fuels, the samples for the total sulfur allow generators that use combined heat between small and large turbines. We content of the fuel must be analyzed and power (CHP) to take credit for heat found the breaking point between these using American Society of Testing and recovered. For example, Texas recently two turbine types to be 30 MW. Smaller Materials (ASTM) methods D129–00, passed a DG permit-by-rule regulation turbines have less space to install NOX D2622–98, D4294–02, D1266–98, that gives facilities 100 percent credit reducing technologies such as lean D5453–00 or D1552–01. For gaseous for steam generation thermal output, premix combustor design. In addition, fuels, ASTM D1072–90 (Reapproved and incorporates HRSG and duct the smaller combustion chamber of 1999); D3246–96; D4468–85 burners under the same limit. The small turbines provides inadequate (Reapproved 2000); or D6667–01 must California Air Resources Board (CARB) space for the adequate mixing needed be used to analyze the total sulfur also has output-based emission limits for very low NOX emission levels. The content of the fuel. which allow DG units that use CHP to design differences between small and The applicable ranges of some ASTM take a credit to meet the standards, at a large turbines leads to different methods mentioned above are not rate of 1 MW-hr for each 3.4 million emission characteristics. When we adequate to measure the levels of sulfur British thermal units (MMBtu) of heat examined data of NOX emissions versus in some fuel gases. Dilution of samples recovered, or essentially, 100 percent. turbine size, there was a clear difference before analysis (with verification of the The draft rules for New York and in NOX emissions for turbines below dilution ratio) may be used, subject to Delaware also allow DG sources using and above 30 MW. In addition, the approval of the Administrator. CHP to receive credit toward manufacturer guarantees are, generally compliance with the emission speaking, higher for smaller turbines, H. What Reports Must I Submit? standards. because of differences in design and For each affected unit for which you technologies. The 30 MW cutoff is B. How Did EPA Determine the continuously monitor parameters or consistent with the manufacturer Proposed NOX emissions, or periodically determine the Limits? guarantees. fuel sulfur content under the proposed Over the last several years NOX As explained below, the output-based rule, you would submit reports of excess performance in combustion turbines has NOX limits being proposed are based on
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8319
concentration levels that are achievable be recovered as useful output (a about certain fuels, such as landfill, by new stationary combustion turbines combined cycle unit or CHP unit). digester and other waste gases, process, without the use of add-on controls such refinery or syn gases, and other Distillate Oil Fired Turbines as SCR. Also, it is important to note that alternative fuels. Of particular concern the output-based limits were Very few turbines sold today are are the fuels that are of lower heating determined using thermal efficiencies solely distillate oil-fired. However, a value or of highly variable heating typical of full-load operation. significant number of turbines which value, that are in locations where these primarily fire natural gas also have the fuels would be flared or otherwise Small Natural Gas Fired Turbines capability to fire distillate oil. We are disposed without energy recovery. We are proposing the NOX limit for proposing a NOX emission limit of 234 Landfill and digester gases have small (less than 30 MW) natural gas- ng/J (1.9 lb/MW-hr) for small distillate considerably lower heating values than fired turbines to be 132 ng/J, or 1.0 lb/ oil-fired turbines, and 146 ng/J (1.2 lb/ natural gas, making it more difficult to MW-hr. This limit is based on a NOX MW-hr) for large distillate oil-fired comply with an output-based emission emission concentration of 25 ppm and turbines. When firing distillate oil fuel, limit. If the installation of these turbines a turbine efficiency of 30 percent. the majority of turbine manufacturers became impossible due to lack of ability Multiple manufacturers guarantee 25 guarantee a NOX emission level of 42 to comply with the NSPS, these gases ppm NOX for natural gas-fired turbines ppm at 15 percent O2, regardless of might otherwise just be vented to the of all sizes, including those less than 30 turbine size. We confirmed through the atmosphere or flared, without the MW. Since actual NOX emissions are analysis of recent source test reports benefit of any useful energy recovery as considerably lower than the guaranteed provided by States that this level is would have been achieved with a levels for most turbines, an emission achievable by the majority of new combustion turbine. Because of these limit based on a NOX level of 25 ppm distillate oil-fired turbines without the issues, we are requesting public at 15 percent O2 for small natural gas- use of add-on controls. The basis for the comment on the output-based NOX limit fired turbines can readily be achieved output-based emission limits for for alternative fuels. without the use of additional controls. distillate oil-fired turbines is 42 ppm Simple-Cycle and Combined-Cycle We also gathered many recent source NOX at 15 percent O2; for small tests, supporting the conclusion that the turbines, a 30 percent efficiency, and for Combustion Turbines majority of new small natural gas-fired large turbines, a 48 percent efficiency. Although we believe that proposing turbines can achieve NOX levels lower The 30 percent efficiency for small oil- different NOX limits for small and large than 25 ppm at 15 percent O2 without fired turbines is consistent with that of turbines is appropriate, an alternative the use of add-on controls. Regarding simple-cycle units, while the 48 percent approach considered was to set different efficiency, a significant number of small efficiency for large oil-fired turbines is NOX limits for simple-cycle and turbines are simple cycle; therefore, we consistent with that of combined-cycle combined-cycle combustion turbines selected the baseline efficiency of 30 units. This approach is appropriate burning natural gas. Simple-cycle percent for small simple cycle natural since there are almost no oil-fired turbines are not able to recover exhaust gas-fired turbines. simple-cycle turbines in the ‘‘greater heat as combined-cycle turbines do. As than 30 MW’’ category. We would like a result, the output-based NO levels of Large Natural Gas Fired Turbines X to request comment on this issue and simple-cycle turbines will tend to be We are proposing a NOX emission the appropriateness of the NOX limits higher than those for combined-cycle limit of 50 ng/J (0.39 lb/MW-hr) for large for oil-fired simple-cycle turbines that units. Even though we have taken into natural gas-fired turbines (greater than are greater than 30 MW. Furthermore, account these differences between or equal to 30 MW). The proposed NOX since according to our information, most simple- and combined-cycle turbines in output-based limit for large natural gas- of these simple-cycle turbines are used the proposed NOX limits, we would like fired turbines is based on a NOX as peaking units, we would like to to request comment on this issue. If data emission concentration of 15 ppm at 15 request comments on an alternative is presented showing that it would be percent O2 and a combined cycle approach that allows large oil-fired more appropriate to set different NOX turbine efficiency of 48 percent, which peaking units to meet the same NOX limits for simple-cycle and combined- also equates to a NOX emission limit that applies to the small units. cycle gas-fired turbines, rather than concentration of 9 ppm at 15 percent O2 The proposed output-based NOX based on turbine size, we would and a simple cycle turbine at an limits for oil-fired combustion turbines consider a range of 0.2 lb/MW-hr to 0.6 efficiency of 29 percent. Many can be achieved when operating at loads lb/MW-hr. manufacturers guarantee NOX emissions near 100 percent, where the thermal Supporting data for the proposed NOX of 15 ppm at 15 percent O2 for large efficiency tends to be the highest. limits were received from contacts with natural gas-fired turbines, and a few However, at part-loads, there may be turbine manufacturers, State agencies even guarantee NOX levels at or below concern about higher output-based NOX and EPA Regional offices, the 2003 Gas 9 ppm at 15 percent O2. In addition, we levels emitted due to the lower thermal Turbine World Handbook, the 2003– have gathered a number of source tests efficiencies that are characteristic under 2004 Diesel and Gas Turbine Worldwide which confirm that these turbines can those conditions. We request comment Catalog, NOX performance tests, and achieve these levels without the use of on the ability of oil-fired combustion State permit data. For more details add-on controls. Therefore, this turbines to meet the proposed NOX regarding the supporting data used in emission limit may be achieved by most limits under part-load operation. this analysis, please consult the docket. large natural gas combustion turbines without the use of add-on controls. Other Fuels C. How Did EPA Determine the Other options for new turbine owners It is expected that few turbines would Proposed SO2 Limit? and operators include the following: burn fuels other than natural gas and Because of the lower levels of sulfur Add a SCR add-on control device to a distillate oil. Turbines that burn other in today’s fuels, including distillate oil simple cycle turbine which does not fuels would have to comply with the and natural gas, lower SO2 emissions have a low NOX guarantee, or locate NOX emission limit for distillate oil. We can be achieved. Low sulfur fuel oil their turbine where the exhaust heat can understand that there are concerns (500 ppmw sulfur content or less) has
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8320 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
recently become widely available, since contacted to determine their guaranteed technology turbines. Siemens it is required by EPA regulations on emission concentrations. Westinghouse, Solar Turbines, and diesel fuels used for highway and non- Emissions from combustion turbines General Electric (GE) Heavy Duty road applications. In addition, ultra low are primarily NOX and carbon monoxide Turbine manufacturers typically sulfur (15 ppmw or less sulfur content) (CO). Particulate matter (PM) is also a guarantee CO emissions from 9 to 50 diesel fuel will become available over primary pollutant for combustion ppm for natural gas, and 20 to 50 ppm the next few years as more recent EPA turbines using liquid fuels. While NOX for diesel fuel. On a case-by-case basis, rules for fuels used on highway and formation is strongly dependent on the some manufacturers will guarantee non-road applications come into effect. high temperatures developed in the lower emissions for CO. According to EPA estimates done for the combustor, emissions of CO and PM are Stationary combustion turbines do not Non-Road Diesel Rule (69 FR 38958), primarily the result of incomplete contribute significantly to ambient CO the cost differential to produce low combustion. Ash and metallic additives levels. Almost 80 percent of CO sulfur (500 ppmw sulfur content) is only in the fuel may also contribute to PM in emissions nationwide result from on- about 2.5 cents per gallon. It is expected the exhaust. Available emissions data in road vehicles and non-road vehicles and that stationary combustion turbines EPA’s AP–42 indicate that the turbine’s engines. High levels of CO generally burning low sulfur diesel fuel will have operating load has a considerable effect occur in areas that have heavy traffic lower maintenance expenses associated on the resulting emission levels. congestion. Currently, there are only with reduced formation of acid Combustion turbines are typically eight areas in the U.S. that are classified compounds inside the turbine. These operated at high loads (greater than or as non-attainment for CO. As a result, lower maintenance expenses are equal to 80 percent of rated capacity) to control measures for CO emissions from expected to reduce or even eliminate the achieve maximum thermal efficiency stationary combustion turbines overall costs associated with the use of and peak combustor zone flame historically have not been instituted low sulfur fuel oil on stationary temperatures. Information on each nationwide. In California, for example, combustion turbines. For these reasons, pollutant is listed below, including only one air district has a CO emission we have set a SO2 emission limit which formation, control, and emission limit for combustion turbines. Because corresponds to a 500 ppmw sulfur fuel concentrations. of advances in turbine technology and increases in thermal and combustion content for distillate oil fuel. Natural gas Carbon Monoxide also has naturally low levels of sulfur. efficiencies, CO emissions from All owners and operators of new Carbon monoxide is a product of combustion turbines have been mostly turbines are expected to comply with incomplete combustion. Carbon regulated in local areas of non- low sulfur content in fuel rather than monoxide results when there is attainment for CO. stack testing for SO2, since this option insufficient residence time at high Any new major stationary source or is significantly easier and less costly to temperature, or incomplete mixing to major modification located in an area perform than stack testing. In addition, complete the final step in fuel carbon attaining the National Ambient Air if the levels are shown to be below 300 oxidation. The oxidation of CO to CO2 Quality Standard (NAAQS) is subject to ppmw sulfur, fuel monitoring is not at combustion turbine temperatures is a PSD requirements and must conduct an required. Fuels are often supplied with slow reaction compared to most analysis to ensure the application of specifications which include stringent hydrocarbon oxidation reactions. In BACT. Similarly, if the source is in a sulfur standards, requiring levels lower combustion turbines, failure to achieve non-attainment area, it is subject to non- than 500 ppmw, oftentimes at or below CO burnout may result from quenching attainment NSR and must conduct an the 300 ppmw range. If the fuel is by dilution air. With liquid fuels, this analysis to ensure the application of demonstrated to be lower than 300 can be aggravated by carryover of larger LAER. The RBLC provides State ppmw sulfur, you could use proof from droplets from the atomizer at the fuel agencies with the best technologies and the fuel vendor’s tariff sheet or purchase injector. Carbon monoxide emissions emission rates determined by other contract in order to become exempt are also dependent on the loading of the States on a nationwide basis. Several from monitoring your total sulfur combustion turbine. For example, a BACT and LAER determinations in the content or SO2 emissions. We believe combustion turbine operating under full RBLC included the use of an oxidation that 300 ppmw provides an adequate load would experience greater fuel catalyst to control CO emissions from margin of compliance. If your fuel is efficiencies, which will reduce the stationary combustion turbines. Out of greater than 300 ppmw, you must follow formation of CO. the 42 permits for CO for combustion a fuel monitoring schedule as outlined Turbine manufacturers have turbines reported since January 2003, 15 in the proposed rule. significantly reduced CO emissions required the use of oxidation catalysts from combustion turbines by developing for CO reduction. Other requirements D. What Other Criteria Pollutants Did lean premix technology. Most of the included good combustion practices and EPA Consider? newer designs for turbines incorporate good combustion design. Emission In order to characterize the current lean premix technology. Lean premix limitations ranged from 2 ppm to 14 emissions levels from new stationary combustion design not only produces ppm for CO with the use of oxidation combustion turbines, the Reasonably lower NOX than diffusion flame catalysts, and 4 ppm to 132 ppm CO for Achievable Control Technology (RACT), technology, but also lowers CO and good combustion practices and design. Best Available Control Technology volatile organic compounds (VOC), due Based on the available information, (BACT) and Lowest Achievable to increased combustion efficiency. In we propose that no CO emission Emissions Rate (LAER) Clearinghouse the most recent version of AP–42 limitations be developed for the (RBLC) was queried to obtain data on emission factors, (April 2000), CO combustion turbine NSPS. With the permits for newly installed turbines. emission factors for lean premix advancement of turbine technology and The EPA’s AP–42 Emission Factors turbines are 9.9 e-2 lb/MMBtu, while for more complete combustion through Background Document was also diffusion flame turbines, the CO increased efficiencies, and the consulted for information on pollutant emission factor is 3.2 e-1 lb/MMBtu. prevalence of lean premix combustion formation mechanisms. In addition, Virtually all new combustion turbines technology in new turbines, it is not several turbine manufacturers were sold are lean premix combustor necessary to further reduce CO in the
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8321
proposed rule. Because of these turbines would decrease even further as injection, we are proposing annual stack advances, the addition of an oxidation the sulfur content of distillate oil testing to demonstrate continuous catalyst would be cost prohibitive, on a decreases. Furthermore, there are very compliance. We considered other dollar per ton basis, relative to the few new turbines that solely fire monitoring requirements, including limited additional emissions reductions distillate oil. A fraction have the ability CEMS and parametric monitoring. to be realized. However, individual to fire distillate oil (dual-fuel units), but However, costs were high compared to States may continue to evaluate CO generally speaking, most owners and costs for annual stack testing and annual limits on a case-by-case basis, as has operators fire natural gas the majority of stack testing provides a reliable means been done historically and as has been the time. of demonstrating compliance. Therefore, required in the NSR Program. A review of the BACT and LAER annual stack testing is an appropriate determinations in the RBLC since monitoring method, and would help Volatile Organic Compounds January of 2003 showed that no add-on ensure continuous compliance with the Volatile organic compounds are also controls were required to limit PM for new NOX limits. products of incomplete combustion. any of the turbines. Permit requirements We also considered the use of These compounds are discharged into included the use of clean fuel or good portable analyzers as monitoring the atmosphere when fuel remains combustion practices. Emission requirements. Recent testing by EPA has unburned or is burned only partially limitations required by permits in the shown portable analyzers to be a during the combustion process. The RBLC database with permit dates after reliable method of monitoring pollutants commonly classified as VOC January of 2003 ranged from 9 pounds emissions, and they are believed to be can encompass a wide spectrum of per hour (lb/hr) to 27 lb/hr for PM for as good as the traditional EPA method organic compounds, some of which are natural gas, and 27 to 44 lb/hr for PM tests. Costs are comparable to EPA hazardous air pollutants. With natural for diesel-fired turbines. General method tests. Portable analyzers are, gas, some organics are carried over as Electric is the only manufacturer who therefore, a viable option to traditional unreacted, trace constituents of the gas, provides PM guarantees on their heavy method stack tests and the proposed while others may be pyrolysis products duty turbines, and these guarantees rule allows the use of ASTM D6522–00 of the heavier hydrocarbon constituents. ranged from 3 lb/hr to 15 lb/hr for to measure the NOX concentration With liquid fuels, large droplet natural gas, and 6 lb/hr to 34 lb/hr for during performance testing. carryover to the quench zone accounts diesel fuel. Many of the large turbines in the for much of the unreacted and partially As fuels continue to get cleaner, PM utility sector are already equipped with pyrolized volatile organic emissions. would be greatly reduced. In addition, NOX CEMS for compliance with other Similar to CO emissions, VOC emissions the NOX limits set forth in the proposed regulations, such as 40 CFR part 75. It are affected by the gas turbine operating rule would also limit PM emissions by is appropriate to allow the use of NOX load conditions. Volatile organic reducing nitrate formation. Therefore, CEMS to demonstrate compliance with compounds emissions are higher for gas we feel that an emission limitation for the proposed rule, particularly when turbines operating at low loads as PM emissions from stationary they are already installed on-site for compared to similar gas turbines combustion turbines is not necessary. other regulatory purposes. Continuous operating at higher loads. emission monitoring systems are, E. How Did EPA Determine Testing and Owners of combustion turbines have therefore, the natural choice for these Monitoring Requirements for the improved combustion practices to large turbines, and we are allowing the Proposed Rule? increase combustion efficiency in the use of data from these certified CEMS turbine, thereby limiting the unburned Monitoring provisions in subpart GG for demonstrating compliance instead of fuel. In addition, lean premix of 40 CFR part 60 only addressed an annual stack test. technology has significantly reduced turbines that used water injection for Also, we included additional options VOC emissions from combustion NOX control. Over the years, EPA has for owners and operators to establish turbines by increasing the combustion approved on a case-by-case basis parameters which would be appropriate efficiency. Because of better combustion alternative monitoring methods for to monitor in order to correlate NOX practices, and the prevalence of lean turbines that do not use water injection emissions with these data. Historically, premix combustion technology in new for NOX control, since this technology some turbines have used parametric turbines, it is not necessary to regulate has become increasingly archaic. Some monitoring for compliance with 40 CFR VOC in the proposed rule. Therefore, we requested the use of a NOX CEMS, since part 75 requirements. For example, the propose that no VOC emission the turbines had these monitoring owner/operator of a lean premix turbine limitations be developed for the systems already in place for other might establish during the initial combustion turbine NSPS. regulatory requirements, such as the performance test that when the turbine acid rain regulations or PSD/NSR is running in the lean premix mode, it Particulate Matter permits. In the July 8, 2004 amendments is in compliance. Certain parameters, Particulate matter emissions from to subpart GG of 40 CFR part 60, such as load or combustion temperature, turbines result primarily from carryover Stationary Gas Turbine NSPS (69 FR might let the owner or operator know of noncombustible trace constituents in 41346), we added the option to utilize when the turbine is in compliance. the fuel. Particulate matter emissions a NOX CEMS in place of water to fuel Another option is for owners or are negligible with natural gas firing due ratio monitoring. We also included in operators to petition the Administrator to the low sulfur content of natural gas. the July 8, 2004 final rule a provision for approval of another monitoring Emissions of PM are only marginally allowing sources to use CEMS to strategy. significant with distillate oil firing monitor their NOX emissions for because of the low ash content. The turbines that do not use water or steam F. Why Are Heat Recovery Steam sulfur content of distillate fuel is injection. Generators Included in 40 CFR Part 60, decreasing due to requirements from In today’s action, we are proposing Subpart KKKK? other regulations such as the non-road monitoring requirements similar to For sources that are combined cycle diesel engine rule. Particulate matter those in 40 CFR part 60, subpart GG. For turbine systems using supplemental emissions from distillate oil-fired turbines that do not use water or steam heat, turbine NOX emissions would be
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8322 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
measured after the duct burner, since fueled by gasified coal and not meeting be able to comply with the proposed emissions and output associated with the heat input requirements of the rule without the use of any add-on duct burners are included in the NOX Utility NSPS would be covered by the control devices. emission limit. Any combined cycle proposed rule under the ‘‘other fuel’’ C. What Are the Economic Impacts? units that are subject to the NOX CEMS category. requirements for 40 CFR part 75 would The EPA prepared an economic V. Environmental and Economic most likely have installed the CEMS impact analysis to evaluate the impacts Impacts after the duct burner, on the HRSG the proposed rule would have on stack. Another reason to require In setting the standards, the CAA combustion turbines producers, measurement of NOX emissions after the requires us to consider alternative consumers of goods and services duct burner is that add-on NOX control emission control approaches, taking into produced by combustion turbines, and systems, such as SCR, are generally account the estimated costs and society. The analysis showed minimal located after the duct burner. Turbine benefits, as well as the energy, solid changes in prices and output for NOX performance testing should be waste and other effects. The EPA products made by the industries conducted after the NOX control device requests comment on whether it has affected by the proposed rule. The price and would, therefore, include any identified the appropriate alternatives increase for affected output is less than emissions from the duct burner. and whether the proposed standards 0.003 percent, and the reduction in In addition, all of the data that we adequately take into consideration the output is less than 0.003 percent for have gathered where emissions were incremental effects in terms of emission each affected industry. Estimates of tested with and without duct burner reductions, energy and other effects of impacts on fuel markets show price firing show that duct burners have little these alternatives. The EPA will increases of less than 0.01 percent for to no effect on NOX emissions. Minimal consider the available information in petroleum products and natural gas, and additions and reductions were noted in developing the final rule. price increases of 0.04 and 0.06 percent several recent source tests, as well as an A. What Are the Air Impacts? for base-load and peak-load electricity, EPA sponsored test conducted by the respectively. The price of coal is EPA’s Emissions Measurement Center. We estimate that approximately 355 expected to decline by about 0.002 Thus, it is appropriate to include heat new stationary combustion turbines will percent, and that is due to a small recovery sources such as duct burners in be installed in the United States over reduction in demand for this fuel type. the proposed rule. the next 5 years and affected by the rule, Reductions in output are expected to be as proposed. No more than ten of these less than 0.02 percent for each energy G. What Emission Limits Must I Meet if units may need to install add-on I Fire More Than One Type of Fuel? type, including base-load and peak-load controls to meet the NOX limits required electricity. New combustion turbines that fire under the rule, as proposed. However, The social costs of the rule, as both natural gas and distillate oil (or these ten new turbines will already be proposed, are estimated at $0.4 million some other combination of fuels) are required to install add-on controls to (2002 dollars). Social costs include the required to meet the corresponding meet NOX reduction requirements under compliance costs, but also include those emission limit for the fuel being fired in PSD/NSR. Thus, we concluded that the costs that reflect changes in the national the turbine at that time. NOX and CO reductions resulting from economy due to changes in consumer the rule, as proposed, will essentially be and producer behavior in response to H. Why Can I No Longer Claim a Fuel- zero. The expected SO reductions as a Bound Nitrogen Allowance? 2 the compliance costs associated with a result of the rule, as proposed, would be regulation. For the proposed rule, We are not including a fuel-bound approximately 830 tons per year (tpy) in changes in energy use among both nitrogen allowance in the proposed rule. the 5th year after promulgation of the consumers and producers to reduce the In subpart GG of 40 CFR part 60, this standards. impact of the regulatory requirements of provision allowed sources to claim a Although we expect the proposed rule the rule lead to the estimated social credit for nitrogen content in their fuel, to result in a slight increase in electrical costs being less than the total up to a certain limit, attributing a part supply generated by unaffected sources annualized compliance cost estimate of of their NOX emissions to the fuel. We (e.g. existing stationary combustion $3.4 million (2002 dollars). The primary concluded that this provision is turbines), we do not believe that this reason for the lower social cost estimate outdated since the nitrogen content of will result in higher NOX and SO2 is the increase in electricity supply fuel is now lower than it has been in the emissions from these sources. Other generated by unaffected sources (e.g. past and is no longer an issue. The vast emission control programs such as the existing stationary combustion majority of new turbines are fired by Acid Rain Program and PSD/NSR turbines), which offsets mostly the natural gas. Many of these turbines are already promote or require emission impact of increased electricity prices to permitted to fire only pipeline quality controls that would effectively prevent consumers. The social cost estimates natural gas, which is virtually nitrogen emissions from increasing. All the discussed above do not account for any free. We do not anticipate any new emissions reductions estimates and benefits from emission reductions turbines needing to utilize the fuel- assumptions have been documented in associated with the proposed rule. bound nitrogen allowance, and are, the docket to the proposed rule. For more information on these therefore, not proposing it. B. What Are the Energy Impacts? impacts, please refer to the economic I. Why Isn’t My IGCC Turbine Covered We do not expect any significant impact analysis in the public docket. in 40 CFR Part 60, Subpart KKKK? energy impacts resulting from the rule, VI. Statutory and Executive Order We consider gasification as an as proposed. The only energy Reviews emissions control technology for solid requirement is a potential small increase fuels. Therefore, we consider it in fuel consumption, resulting from A. Executive Order 12866: Regulatory appropriate to cover combustion back pressure caused by operating a Planning and Review turbines fueled by gasified coal under add-on emission control device, such as Under Executive Order 12866 (58 FR the Utility NSPS. Combustion turbines an SCR. However, most entities would 51735, October 4, 1993), we must
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8323
determine whether a regulatory action is information needed to determine Budget, 725 17th Street, NW., ‘‘significant’’ and, therefore, subject to compliance. These recordkeeping and Washington, DC 20503, Attention: Desk review by OMB and the requirements of reporting requirements are specifically Office for EPA. Please include the EPA the Executive Order. The Executive authorized by CAA section 114 (42 Docket ID No. and OMB control number Order defines ‘‘significant regulatory U.S.C. 7414). All information submitted in any correspondence. action’’ as one that is likely to result in to EPA for which a claim of Since OMB is required to make a a rule that may: confidentiality is made will be decision concerning the ICR between 30 (1) Have an annual effect on the safeguarded according to EPA policies and 60 days after February 18, 2005, a economy of $100 million or more or in 40 CFR part 2, subpart B, comment to OMB is best assured of adversely affect in a material way the Confidentiality of Business Information. having its full effect if OMB receives it economy, a sector of the economy, The annual monitoring, reporting, and by March 21, 2005. In the final rule, productivity, competition, jobs, the recordkeeping burden for this collection EPA will respond to any OMB or public environment, public health or safety, or (averaged over the first 3 years after comments on the information collection State, local, or tribal governments or [date the final rule is published in the requirements contained in the proposed communities; Federal Register]) is estimated to be rule. (2) Create a serious inconsistency or 20,542 labor hours per year at an C. Regulatory Flexibility Act otherwise interfere with an action taken average total annual cost of $1,797,264. or planned by another agency; This estimate includes performance The Regulatory Flexibility Act (RFA) (3) Materially alter the budgetary testing, continuous monitoring, generally requires an agency to prepare impact of entitlements, grants, user fees, semiannual excess emission reports, a regulatory flexibility analysis of any or loan programs, or the rights and notifications, and recordkeeping. There rule subject to notice and comment obligation of recipients thereof; or are no capital/start-up costs or operation rulemaking requirements under the (4) Raise novel legal or policy issues and maintenance costs associated with Administrative Procedures Act or any arising out of legal mandates, the the monitoring requirements over the 3- other statute unless the agency certifies President’s priorities, or the principles year period of the ICR. that the rule will not have a significant set forth in the Executive Order. Burden means the total time, effort, or economic impact on a substantial Pursuant to the terms of Executive financial resources expended by persons number of small entities. Small entities Order 12866, OMB has notified EPA to generate, maintain, retain, or disclose include small businesses, small that it considers this a ‘‘significant or provide information to or for a organizations, and small governmental regulatory action’’ within the meaning Federal agency. This includes the time jurisdictions. of the Executive Order. The EPA needed to review instructions; develop, For purposes of assessing the impacts submitted this action to OMB for acquire, install, and utilize technology of today’s rule on small entities, small review. Changes made in response to and systems for the purposes of entity is defined as: (1) A small business OMB suggestions or recommendations collecting, validating, and verifying whose parent company has fewer than would be documented in the public information, processing and 100 or 1,000 employees, depending on record. maintaining information, and disclosing size definition for the affected North and providing information; adjust the American Industry Classification B. Paperwork Reduction Act existing ways to comply with any System (NAICS) code, or fewer than 4 The information collection previously applicable instructions and billion kilowatt-hours (kW-hr) per year requirements in the proposed rule have requirements; train personnel to be able of electricity usage; (2) a small been submitted for approval to OMB to respond to a collection of governmental jurisdiction that is a under the Paperwork Reduction Act, 44 information; search data sources; government of a city, county, town, U.S.C. 3501 et seq. The Information complete and review the collection of school district or special district with a Collection Request (ICR) document information; and transmit or otherwise population of less than 50,000; and (3) prepared by EPA has been assigned ICR disclose the information. a small organization that is any not-for- No. 2177.01. An agency may not conduct or profit enterprise which is independently The proposed rule contains sponsor, and a person is not required to owned and operated and is not monitoring, reporting, and respond to a collection of information dominant in its field. It should be noted recordkeeping requirements. The unless it displays a currently valid OMB that small entities in 1 NAICS code information would be used by EPA to control number. The OMB control would be affected by the proposed rule, identify any new, modified, or numbers for EPA’s regulations in 40 and the small business definition reconstructed stationary combustion CFR are listed in 40 CFR part 9 and 48 applied to each industry by NAICS code turbines subject to the NSPS and to CFR chapter 15. is that listed in the Small Business ensure that any new stationary To comment on the Agency’s need for Administration (SBA) size standards (13 combustion turbines comply with the this information, the accuracy of the CFR part 121). emission limits and other requirements. provided burden estimates, and any After considering the economic Records and reports would be necessary suggested methods for minimizing impacts of today’s proposed rule on to enable EPA or States to identify new respondent burden, including the use of small entities, I certify that this action stationary combustion turbines that may automated collection techniques, EPA will not have a significant economic not be in compliance with the has established a public docket for the impact on a substantial number of small requirements. Based on reported ICR under Docket ID No. OAR–2004– entities. We have determined, based on information, EPA would decide which 0490. See information under the the existing combustion turbines units and what records or processes ADDRESSES section of this preamble to inventory and presuming the percentage should be inspected. find instructions for sending comments of small entities in that inventory is The proposed rule would not require to this docket and for viewing representative of the percentage of small any notifications or reports beyond comments submitted to the docket. entities owning new turbines in the 5th those required by the General Also, you can send comments to the year after promulgation, that one small Provisions. The recordkeeping Office of Information and Regulatory entity out of 29 in the industries requirements require only the specific Affairs, Office of Management and impacted by the proposed rule will
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8324 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
incur compliance costs (in this case, other than the least costly, most cost F. Executive Order 13175: Consultation only monitoring, recordkeeping, and effective, or least burdensome and Coordination With Indian Tribal reporting costs since control costs are alternative if the Administrator Governments zero) associated with the proposed rule. publishes with the final rule an Executive Order 13175 (65 FR 67249, This small entity owns one affected explanation why that alternative was November 6, 2000) requires EPA to turbine in the projected set of new not adopted. Before EPA establishes any develop an accountable process to combustion turbines. This affected regulatory requirements that may ensure ‘‘meaningful and timely input by small entity is estimated to have annual significantly or uniquely affect small tribal officials in the development of compliance costs of 0.3 percent of its governments, including tribal regulatory policies that have tribal revenues. The proposed rule is likely to governments, it must have developed implications.’’ ‘‘Policies that have tribal also increase profits for the small firms under section 203 of the UMRA a small implications’’ is defined in the and increase revenues for the many government agency plan. The plan must Executive Order to include regulations small communities (in total, 28 small provide for notifying potentially that have ‘‘substantial direct effects on entities) using combustion turbines that affected small governments, enabling one or more Indian tribes, on the are not affected by the proposed rule as officials of affected small governments relationship between the Federal a result of the very slight increase in to have meaningful and timely input in market prices. For more information on the development of EPA regulatory government and the Indian tribes, or on the results of the analysis of small entity proposals with significant Federal the distribution of power and impacts, please refer to the economic intergovernmental mandates, and responsibilities between the Federal impact analysis in the docket. informing, educating, and advising government and Indian tribes.’’ Although the proposed rule will not small governments on compliance with The proposed rule does not have have a significant economic impact on the regulatory requirements. tribal implications. It will not have a substantial number of small entities, The EPA has determined that the substantial direct effects on tribal EPA nonetheless has tried to reduce the proposed rule contains no Federal governments, on the relationship impact of the rule on small entities. In mandates that may result in between the Federal government and the proposed rule, the Agency is expenditures of $100 million or more Indian tribes, or on the distribution of applying the minimum level of control for State, local, and tribal governments, power and responsibilities between the and the minimum level of monitoring, in the aggregate, or the private sector in Federal government and Indian tribes, recordkeeping, and reporting to affected any 1 year. Thus, the proposed rule is as specified in Executive Order 13175. sources allowed by the CAA. In not subject to the requirements of We do not know of any stationary addition, as mentioned earlier in this sections 202 and 205 of the UMRA. In combustion turbines owned or operated preamble, new turbines with capacities addition, EPA has determined that the by Indian tribal governments. However, under 1 MW are not subject to the proposed rule contains no regulatory if there are any, the effect of the proposed rule. This provision should requirements that might significantly or proposed rule on communities of tribal reduce the size of small entity impacts. uniquely affect small governments governments would not be unique or We continue to be interested in the because they contain no requirements disproportionate to the effect on other potential impacts of the proposed rule that apply to such governments or communities. Thus, Executive Order on small entities and welcome impose obligations upon them. 13175 does not apply to the proposed comments on issues related to such Therefore, the proposed rule is not rule. impacts. subject to the requirements of section G. Executive Order 13045: Protection of 203 of the UMRA. D. Unfunded Mandates Reform Act Children From Environmental Health Title II of the Unfunded Mandates E. Executive Order 13132: Federalism and Safety Risks Reform Act of 1995 (UMRA), Public Executive Order 13132 (64 FR 43255, Executive Order 13045 (62 FR 19885, Law 104–4, establishes requirements for August 10, 1999) requires us to develop April 23, 1997) applies to any rule that: Federal agencies to assess the effects of an accountable process to ensure (1) Is determined to be ‘‘economically their regulatory actions on State, local, ‘‘meaningful and timely input by State significant’’ as defined under Executive and tribal governments and the private and local officials in the development of Order 12866, and (2) concerns an sector. Under section 202 of the UMRA, regulatory policies that have federalism environmental health or safety risk that EPA generally must prepare a written implications.’’ ‘‘Policies that have we have reason to believe may have a statement, including a cost-benefit federalism implications’’ are defined in disproportionate effect on children. If analysis, for proposed and final rules the Executive Order to include the regulatory action meets both criteria, with ‘‘Federal mandates’’ that may regulations that have ‘‘substantial direct we must evaluate the environmental result in expenditures by State, local, effects on the States, on the relationship health or safety effects of the planned and tribal governments, in the aggregate, between the national government and rule on children, and explain why the or by the private sector, of $100 million the States, or on the distribution of planned regulation is preferable to other or more in any 1 year. Before power and responsibilities among the potentially effective and reasonably promulgating an EPA rule for which a various levels of government.’’ feasible alternatives. written statement is needed, section 205 The proposed rule does not have The proposed rule is not subject to of the UMRA generally requires EPA to federalism implications. It will not have Executive Order 13045 because it is not identify and consider a reasonable substantial direct effects on the States, an economically significant action as number of regulatory alternatives and on the relationship between the national defined under Executive Order 12866. adopt the least costly, most cost government and the States, or on the effective, or least burdensome distribution of power and H. Executive Order 13211: Actions That alternative that achieves the objective of responsibilities among the various Significantly Affect Energy Supply, the rule. The provisions of section 205 levels of government, as specified in Distribution, or Use do not apply when they are inconsistent Executive Order 13132. Thus, Executive Executive Order 13211 (66 FR 28355, with applicable law. Moreover, section Order 13132 does not apply to the May 22, 2001) provides that agencies 205 allows EPA to adopt an alternative proposed rule. shall prepare and submit to the
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8325
Administrator of the Office of producers. Therefore, we conclude that proposed rule, the search for emissions Information and Regulatory Affairs, the rule, as proposed, will not have a measurement procedures identified 11 Office of Management and Budget, a significant adverse effect on the supply, other voluntary consensus standards. Statement of Energy Effects for certain distribution, or use of energy. For more The EPA determined that nine of these actions identified as ‘‘significant energy information on these estimated energy 11 standards identified for measuring actions.’’ Section 4(b) of Executive effects, please refer to the economic air emissions or surrogates subject to Order 13211 defines ‘‘significant energy impact analysis for the proposed rule. emission standards in the proposed rule actions’’ as ‘‘any action by an agency This analysis is available in the public were impractical alternatives to EPA test (normally published in the Federal docket. methods/performance specifications for Register) that promulgates or is I. National Technology Transfer and the purposes of the proposed rule. expected to lead to the promulgation of Advancement Act Therefore, the EPA does not intend to a final rule or regulation, including notices of inquiry, advance notices of Section 12(d) of the National adopt these standards. See the docket proposed rulemaking, and notices of Technology Transfer and Advancement for the reasons for the determinations of proposed rulemaking: (1) (i) That is a Act (NTTAA) of 1995 (Pub. L. 104–113; these methods. significant regulatory action under 15 U.S.C. 272 note) directs EPA to use Two of the 11 voluntary consensus Executive Order 12866 or any successor voluntary consensus standards in their standards identified in this search were order, and (ii) is likely to have a regulatory and procurement activities not available at the time the review was significant adverse effect on the supply, unless to do so would be inconsistent conducted for the purposes of the distribution, or use of energy; or (2) that with applicable law or otherwise proposed rule because they are under is designated by the Administrator of impractical. Voluntary consensus development by a voluntary consensus standards are technical standards (e.g., the Office of Information and Regulatory body: ASME/BSR MFC 13M, ‘‘Flow materials specifications, test methods, Affairs as a ‘‘significant energy action.’’ Measurement by Velocity Traverse,’’ for Although the proposed rule is sampling procedures, business practices) developed or adopted by one EPA Method 2 (and possibly 1); and considered to be a significant regulatory ASME/BSR MFC 12M, ‘‘Flow in Closed action under Executive Order 12866, it or more voluntary consensus bodies. Conduits Using Multiport Averaging is not a ‘‘significant energy action’’ The NTTAA directs EPA to provide because it is not likely to have a Congress, through annual reports to Pitot Primary Flowmeters,’’ for EPA significant adverse effect on the supply, OMB, with explanations when an Method 2. distribution or use of energy. agency does not use available and Sections 60.4345, 60.4360, 60.4400 An increase in petroleum product applicable voluntary consensus and 60.4415 of the proposed rule output, which includes increases in fuel standards. discuss the EPA testing methods, production, is estimated at less than The proposed rule involves technical performance specifications, and 0.01 percent, or about 600 barrels per standards. The EPA cites the following procedures required. Under 40 CFR day based on 2004 U.S. fuel production methods in the proposed rule: EPA 63.7(f) and 63.8(f) of subpart A of the nationwide. A reduction in coal Methods 1, 2, 3A, 7E, 19, and 20 of 40 General Provisions, a source may apply CFR part 60, appendix A; and production is estimated at 0.00003 to EPA for permission to use alternative Performance Specifications (PS) 2 of 40 percent, or about 3,000 short tons per test methods or alternative monitoring year based on 2004 U.S. coal production CFR part 60, appendix B. requirements in place of any of the EPA nationwide. The reduction in electricity In addition, the proposed rule cites testing methods, performance output is estimated at 0.02 percent, or the following standards that are also about 5 billion kW-hr per year based on incorporated by reference (IBR) in 40 specifications, or procedures. 2000 U.S. electricity production CFR part 60, section 17: ASTM D129– List of Subjects in 40 CFR Part 60 nationwide. 00, ASTM D1072–90 (Reapproved Production of natural gas is expected 1999), ASTM D1266–98, ASTM D1552– Administrative practice and to increase by 4 million cubic feet (ft3) 01, ASTM D2622–98, ASTM D3246–81 procedure, Air pollution control, per day. The maximum of all energy or –92 or –96, ASTM D4057–95 Environmental protection, price increases, which include increases (Reapproved 2000), ASTM D4084–82 or Intergovernmental relations, Nitrogen in natural gas prices as well as those for –94, ASTM D4177–95 (Reapproved oxides, Reporting and recordkeeping petroleum products, coal, and 2000), ASTM D4294–02, ASTM D4468– requirements, Sulfur oxides. electricity, is estimated to be the 0.04 85 (Reapproved 2000), ASTM D5287–97 percent increase in peak-load electricity (Reapproved 2002), ASTM D5453–00, Dated: February 9, 2005. rates nationwide. Energy distribution ASTM D5504–01, ASTM D6228–98, Stephen L. Johnson, costs may increase by no more than the ASTM D6522–00, ASTM D6667–01, and Acting Administrator. same amount as electricity rates. We Gas Processors Association Standard For the reasons stated in the expect that there will be no discernable 2377–86. preamble, title 40, chapter I, part 60, of impact on the import of foreign energy Consistent with the NTTAA, EPA the Code of Federal Regulations is supplies, and no other adverse conducted searches to identify outcomes are expected to occur with voluntary consensus standards in proposed to be amended as follows: regards to energy supplies. addition to these EPA methods/ PART 60—[AMENDED] Also, the increase in cost of energy performance specifications. No production should be minimal given the applicable voluntary consensus 1. The authority citation for part 60 very small increase in fuel consumption standards were identified for EPA continues to read as follows: resulting from back pressure related to Method 19. The search and review operation of add-on emission control results have been documented and are Authority: 42 U.S.C. 7401, et seq. devices, such as SCR. All of the placed in the docket for the proposed 2. Part 60 is amended by adding estimates presented above account for rule. some passthrough of costs to consumers In addition to the voluntary subpart KKKK to read as follows: as well as the direct cost impact to consensus standards EPA uses in the
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8326 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
Subpart KKKK—Standards of 60.4410 How do I establish a valid § 60.4320 on a case-by-case basis as Performance for Stationary parameter range if I have chosen to determined by the Administrator. continuously monitor parameters? Combustion Turbines for Which Emission Limits Construction Is Commenced After 60.4415 How do I conduct the initial and subsequent performance tests for sulfur? February 18, 2005 or for Which § 60.4315 What pollutants are regulated by Modification or Reconstruction is Definitions this subpart? Commenced on or After [Date 6 60.4420 What definitions apply to this The pollutants regulated by this Months After Date Final Rule Is subpart? subpart are NOX and sulfur dioxide Published in the Federal Register] Tables to Subpart KKKK of Part 60 (SO2). Introduction Table 1 to Subpart KKKK of Part 60— § 60.4320 What emission limits must I Nitrogen Oxide Emission Limits for New meet for nitrogen oxides (NOX)? Sec. Stationary Combustion Turbines 60.4300 What is the purpose of this You must meet the emission limits for subpart? Introduction nitrogen oxides specified in Table 1 to this subpart. Applicability § 60.4300 What is the purpose of this 60.4305 Does this subpart apply to my subpart? § 60.4325 What emission limits must I stationary combustion turbine? This subpart establishes emission meet for NOX if my turbine burns both 60.4310 What types of operations are natural gas and distillate oil (or some other exempt from these standards of standards and compliance schedules for combination of fuels)? performance? the control of emissions for new stationary combustion turbines that You must meet the emission limits Emission Limits were constructed, modified or specified in Table 1 to this subpart. If 60.4315 What pollutants are regulated by reconstructed after February 18, 2005. you are burning natural gas, you must this subpart? meet the corresponding limit for a 60.4320 What emission limits must I meet Applicability natural gas-fired turbine when you are for nitrogen oxides (NOX)? burning that fuel. Similarly, when you 60.4325 What emission limits must I meet § 60.4305 Does this subpart apply to my stationary combustion turbine? are burning distillate oil and fuels other for NOX if my turbine burns both natural than natural gas, you must meet the gas and distillate oil (or some other (a) If you are the owner or operator of corresponding limit for distillate oil and combination of fuels)? a stationary combustion turbine with a 60.4330 What emission limits must I meet fuels other than natural gas for the power output at peak load equal to or duration of the time that you burn that for sulfur dioxide (SO2)? greater than 1 megawatt (MW), which particular fuel. Monitoring commences construction, modification, 60.4335 How do I demonstrate compliance or reconstruction after February 18, § 60.4330 What emission limits must I meet for sulfur dioxide (SO2)? for NOX if I use water or steam injection? 2005, your turbine is subject to this 60.4340 How do I demonstrate continuous subpart. Only power output from the You must comply with one or the compliance for NOX if I do not use water combustion turbine should be included other of the following conditions: or steam injection? when determining whether or not this (a) You must not cause to be 60.4345 What are the requirements for the subpart is applicable to your turbine. discharged into the atmosphere from the continuous emission monitoring system Any associated recovered heat or steam subject stationary combustion turbine equipment, if I choose to use this option? 60.4350 How do I use data from the turbine output should not be included any gases which contain SO2 in excess continuous emission monitoring when determining your peak power of 73 nanograms per Joule (ng/J) (0.58 equipment to identify excess emissions? output. However, this subpart does pounds per megawatt-hour (lb/MW– 60.4355 How do I establish and document apply to emissions from any associated hr)), or a proper parameter monitoring plan? heat recovery steam generators (HRSG) (b) You must not burn in the subject 60.4360 How do I determine the total sulfur and duct burners. stationary combustion turbine any fuel content of the turbine’s combustion fuel? (b) Stationary combustion turbines which contains total sulfur in excess of 60.4365 How can I be exempted from regulated under this subpart are exempt 0.05 percent by weight (500 parts per monitoring the total sulfur content of the million by weight (ppmw)). fuel? from the requirements of subpart GG of 60.4370 How often must I determine the this part. Heat recovery steam generators Monitoring sulfur content of the fuel? and duct burners regulated under this subpart are exempted from the § 60.4335 How do I demonstrate Reporting requirements of subparts Da and Db of compliance for NOX if I use water or steam 60.4375 What reports must I submit? this part. injection? 60.4380 How are excess emissions and (a) If you are using water or steam monitor downtime defined for NOX? § 60.4310 What types of operations are injection to control NO emissions, you 60.4385 How are excess emissions and X exempt from these standards of must install, calibrate, maintain and monitoring downtime defined for SO2? performance? 60.4390 What are my reporting operate a continuous monitoring system requirements if I operate an emergency (a) Emergency combustion turbines, to monitor and record the fuel combustion turbine or a research and as defined in § 60.4420(g), are exempt consumption and the ratio of water or development turbine? from the nitrogen oxides (NOX) steam to fuel being fired in the turbine. 60.4395 When must I submit my reports? emission limits in § 60.4320. (b) Alternatively, you may use Performance Tests (b) Stationary combustion turbines continuous emission monitoring, as engaged by manufacturers in research follows: 60.4400 How do I conduct the initial and subsequent performance tests, regarding and development of equipment for both (1) Install, certify, maintain, and combustion turbine emission control operate a continuous emission NOX? 60.4405 How do I perform the initial techniques and combustion turbine monitoring system (CEMS) consisting of performance test if I have chosen to efficiency improvements are exempt a NOX monitor and a diluent gas install a NOX-diluent CEMS? from the NOX emission limits in (oxygen (O2) or carbon dioxide (CO2))
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8327
monitor, to determine the hourly NOX § 60.4345 What are the requirements for § 60.4350 How do I use data from the emission rate in pounds per million the continuous emission monitoring system continuous emission monitoring equipment British thermal units (lb/MMBtu); and equipment, if I choose to use this option? to identify excess emissions? For purposes of identifying excess (2) Install, calibrate, maintain, and If the option to use a NOX CEMS is emissions: operate a fuel flow meter (or flow chosen: (a) All CEMS data must be reduced to meters) to continuously measure the (a) Each NOX diluent CEMS must be hourly averages as specified in heat input to the affected unit; and installed and certified according to § 60.13(h). (3) Install, calibrate, maintain, and Performance Specification 2 (PS 2) in (b) For each unit operating hour in operate a watt meter (or meters) to appendix B to this part, except the 7-day which a valid hourly average, as continuously measure the gross calibration drift is based on unit described in § 60.4345(b), is obtained for electrical output of the unit in operating days, not calendar days. both NOX and diluent monitors, the data megawatt-hours; and Procedure 1 in appendix F to this part acquisition and handling system must (4) For cogeneration units, install, is not required. Alternatively, a NOX calculate and record the hourly NOX calibrate, maintain, and operate meters diluent CEMS that is installed and emission rate in units of lb/MMBtu, for steam flow rate, temperature, and certified according to appendix A to using the appropriate equation from pressure, to continuously measure the part 75 of this chapter is acceptable for method 19 in appendix A to this part. total thermal energy output in British use under this subpart. The relative For any hour in which the hourly thermal units per hour (Btu/hr). accuracy test audit (RATA) of the CEMS average O2 concentration exceeds 19.0 shall be performed on a lb/MMBtu percent O 2 (or the hourly average CO2 § 60.4340 How do I demonstrate basis. concentration is less than 1.0 percent continuous compliance for NO if I do not X CO2), a diluent cap value of 19.0 percent use water or steam injection? (b) As specified in § 60.13(e)(2), during each full unit operating hour, O2 or 1.0 percent CO2 (as applicable) (a) If you are not using water or steam both the NOX monitor and the diluent may be used in the emission injection to control NOX emissions, you monitor must complete a minimum of calculations. must perform annual performance tests one cycle of operation (sampling, (c) Correction of measured NOX in accordance with § 60.4400 to analyzing, and data recording) for each concentrations to 15 percent O2 is not demonstrate continuous compliance. 15-minute quadrant of the hour, to allowed. validate the hour. For partial unit (d) If you have installed and certified (b) As an alternative, you may install, a NO diluent CEMS to meet the calibrate, maintain and operate one of operating hours, at least one valid data X point must be obtained with each requirements of part 75 of this chapter, the following continuous monitoring only quality assured data from the systems: monitor for each quadrant of the hour in which the unit operates. For unit CEMS shall be used to identify excess (1) Continuous emission monitoring operating hours in which required emissions under this subpart. Periods as described in §§ 60.4335(b) and where the missing data substitution quality assurance and maintenance 60.4345, or procedures in subpart D of part 75 are activities are performed on the CEMS, a applied are to be reported as monitor (2) Continuous parameter monitoring minimum of two valid data points (one downtime in the excess emissions and as follows: in each of two quadrants) are required monitoring performance report required (i) For a diffusion flame turbine for each monitor to validate the NOX under § 60.7(c). without add-on selective catalytic emission rate for the hour. (e) All required fuel flow rate, steam reduction (SCR) controls, you must (c) Each fuel flowmeter shall be flow rate, temperature, pressure, and define at least four parameters installed, calibrated, maintained, and megawatt data must be reduced to indicative of the unit’s NOX formation operated according to the hourly averages. characteristics, and you must monitor manufacturer’s instructions. (f) Calculate the hourly average NOX these parameters continuously. Alternatively, fuel flowmeters that meet emission rates, in units of the emission (ii) For any lean premix stationary the installation, certification, and standards under § 60.4320, using the combustion turbine, you must quality assurance requirements of following equation: continuously monitor the appropriate appendix D to part 75 of this chapter are (1) For simple-cycle operation: parameters to determine whether the acceptable for use under this subpart. (NO) ∗ (HI) unit is operating in the lean premixed (d) Each watt meter, steam flow meter, E = Xhh (Eq. 1) (low-NOX) combustion mode. and each pressure or temperature P (iii) For any turbine that uses SCR to measurement device shall be installed, Where:
reduce NOX emissions, you must calibrated, maintained, and operated E = hourly NOX emission rate, in lb/ continuously monitor appropriate according to manufacturer’s MW-hr, parameters to verify the proper instructions. (NOX)h = hourly NOX emission rate, in operation of the emission controls. (e) The owner or operator shall lb/MMBtu, (iv) For affected units that are also develop and keep on-site a quality (HI)h = hourly heat input rate to the unit, regulated under part 75 of this chapter, assurance (QA) plan for all of the in MMBtu/hr, measured using the if you elect to monitor the NOX continuous monitoring equipment fuel flowmeter(s), e.g., calculated emission rate using the methodology in described in paragraphs (a), (c), and (d) using Equation D–15a in appendix appendix E to part 75 of this chapter, or of this section. For the CEMS and fuel D to part 75 of this chapter, and the low mass emissions methodology in flow meters, the owner or operator may P = gross energy output of the turbine § 75.19, the requirements of this satisfy the requirements of this in MW. paragraph (b) may be met by performing paragraph by implementing the QA (2) For combined-cycle operation, use the parametric monitoring described in program and plan described in section Equation 1 of this subpart, except that section 2.3 of appendix E or in 1 of appendix B to part 75 of this the gross energy output is calculated as § 75.19(c)(1)(iv)(H). chapter. the sum of the total electrical energy
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 EP18FE05.000 8328 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
generated by the turbine, the additional (1) Include the indicators to be at both ends of its range assumes its electrical energy (if any) generated by monitored and show there is a extreme values in all possible the heat recovery steam generator, and significant relationship to emissions and combinations of the extreme values 100 percent of the total thermal energy proper operation of the NOX emission (either single or double) of all of the output, expressed in equivalent MW, as controls, other parameters. For example, if there in the following equations: (2) Pick ranges (or designated were only two parameters, A and B, and conditions) of the indicators, or describe A had a range of values while B had ++ P = (Pe)t (Pe)c Ps (Eq. 2) the process by which such range (or only a minimum value, the Where: designated condition) will be combinations would be A high with B established, minimum and A low with B minimum. (Pe)t = electrical energy output of the (3) Explain the process you will use turbine in MW, If both A and B had a range, the to make certain that you obtain data that combinations would be A high and B (Pe)c = electrical energy output (if any) is representative of the emissions or high, A low and B low, A high and B of the heat recovery steam parameters being monitored (such as generator) in MW, and low, A low and B high. For the case of detector location, installation four parameters all having a range, there Q ∗ H specification if applicable), are 16 possible combinations. Ps= (. Eq 3) (4) Describe quality assurance and 3.413 × 106 Btu/MW-hr (b) For affected units that are also control practices that are adequate to subject to part 75 of this chapter and Where: ensure the continuing validity of the that use the low mass emissions Ps = thermal energy of the steam, data, methodology in § 75.19 or the NO (5) Describe the frequency of X expressed as equivalent electrical emission measurement methodology in monitoring and the data collection energy, in MW, appendix E to part 75, you may meet the procedures which you will use (e.g., you Q = measured steam flow rate in lb/hr, requirements of this paragraph by are using a computerized data H = enthalpy of the steam at measured developing and keeping on-site (or at a acquisition over a number of discrete temperature and pressure relative to central location for unmanned facilities) data points with the average (or ISO standard conditions, in Btu/lb, a QA plan, as described in § 75.19(e)(5) maximum value) being used for and or in section 2.3 of appendix E to part purposes of determining whether an 3.413 x 106 = conversion from Btu/hr to 75 of this chapter and section 1.3.6 of MW. exceedance has occurred), (6) Submit justification for the appendix B to part 75 of this chapter. (3) For mechanical drive applications, proposed elements of the monitoring. If § 60.4360 How do I determine the total use the following equation: a proposed performance specification sulfur content of the turbine’s combustion differs from manufacturer fuel? (NO ) E = X m (Eq. 4) recommendation, you must explain the ∗ You must monitor the total sulfur BL AL reasons for the differences. You must content of the fuel being fired in the Where: submit the data supporting the turbine, except as provided in § 60.4365. E = emissions in lb/MW–hr, justification, but you may refer to The sulfur content of the fuel must be (NOX)m = nitrogen oxides emission rate generally available sources of determined using total sulfur methods in lb/hr, information used to support the described in § 60.4415. Alternatively, if BL = manufacturer’s base load rating of justification. You may rely on the total sulfur content of the gaseous turbine, in MW, and engineering assessments and other data, fuel during the most recent performance AL = actual load as a percentage of the provided you demonstrate factors which test was less than 0.0250 weight percent base load. assure compliance or explain why (250 ppmw), ASTM D4084–82, 94, (g) Use the calculated hourly average performance testing is unnecessary to D5504–01, or D6228–98, or Gas emission rates from paragraph (f) of this establish indicator ranges. When Processors Association Standard 2377– section to assess excess emissions on a establishing indicator ranges, you may 86 (all of which are incorporated by 4-hour rolling average basis, as choose to simplify the process by reference—see § 60.17), which measure described in § 60.4380(b)(1). treating the parameters as if they were the major sulfur compounds, may be correlated. Using this assumption, used. § 60.4355 How do I establish and testing can be divided into two cases: document a proper parameter monitoring (i) All indicators are significant only § 60.4365 How can I be exempted from plan? on one end of range (e.g., for a thermal monitoring the total sulfur content of the (a) The steam or water to fuel ratio or incinerator controlling volatile organic fuel? other parameters that are continuously compounds (VOC) it is only important You may elect not to monitor the total monitored as described in §§ 60.4335 to insure a minimum temperature, not a sulfur content of the fuel combusted in and 60.4340 must be monitored during maximum). In this case, you may the turbine, if the fuel is demonstrated the performance test required under conduct your study so that each not to exceed 300 ppmw total sulfur. § 60.8, to establish acceptable values parameter is at the significant limit of its You must use one of the following and ranges. You may supplement the range while you conduct your emissions sources of information to make the performance test data with engineering testing. If the emissions tests show that required demonstration: analyses, design specifications, the source is in compliance at the (a) The fuel quality characteristics in manufacturer’s recommendations and significant limit of each parameter, then a current, valid purchase contract, tariff other relevant information to define the as long as each parameter is within its sheet or transportation contract for the acceptable parametric ranges more limit, you are presumed to be in fuel, specifying that the maximum total precisely. You must develop and keep compliance. sulfur content of the fuel is 300 ppmw on-site a parameter monitoring plan (ii) Some or all indicators are or less; or which explains the procedures used to significant on both ends of the range. In (b) Representative fuel sampling data document proper operation of the NOX this case, you may conduct your study which show that the sulfur content of emission controls. The plan must: so that each parameter that is significant the fuel does not exceed 300 ppmw. At
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 EP18FE05.001 EP18FE05.002 EP18FE05.003 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8329
a minimum, the amount of fuel (3) Each report must include the (b) If the option to sample each sampling data specified in section average steam or water to fuel ratio, delivery of fuel oil has been selected, 2.3.1.4 or 2.3.2.4 of appendix D to part average fuel consumption, and the you must immediately switch to one of 75 of this chapter is required. combustion turbine load during each the other oil sampling options (i.e., daily excess emission. sampling, flow proportional sampling, § 60.4370 How often must I determine the (b) For turbines using continuous or sampling from the unit’s storage tank) sulfur content of the fuel? emission monitoring, as described in if the sulfur content of a delivery The frequency of determining the §§ 60.4335(b) and 60.4345: exceeds 0.05 weight percent. You must sulfur content of the fuel must be as (1) An hour of excess emissions is any continue to use one of the other follows: unit operating hour in which the 4-hour sampling options until all of the oil (a) Fuel oil. For fuel oil, use one of the rolling average NO emission rate from the delivery has been combusted, total sulfur sampling options and the X exceeds the applicable emission limit in and you must evaluate excess emissions associated sampling frequency § 60.4320. For the purposes of this according to paragraph (a) of this described in sections 2.2.3, 2.2.4.1, subpart, a ‘‘4-hour rolling average NO section. When all of the fuel from the 2.2.4.2, and 2.2.4.3 of appendix D to X emission rate’’ is the arithmetic average delivery has been burned, you may part 75 of this chapter (i.e., flow of the average NO emission rate in ng/ resume using the as-delivered sampling proportional sampling, daily sampling, X J (lb/MW-hr) measured by the option. sampling from the unit’s storage tank continuous emission monitoring (c) A period of monitor downtime after each addition of fuel to the tank, equipment for a given hour and the begins when a required sample is not or sampling each delivery prior to three unit operating hour average NO taken by its due date. A period of combining it with fuel oil already in the X emission rates immediately preceding monitor downtime also begins on the intended storage tank). date and hour of a required sample, if (b) Gaseous fuel. If you elect not to that unit operating hour. Calculate the invalid results are obtained. The period demonstrate sulfur content using rolling average if a valid NOX emission of monitor downtime ends on the date options in § 60.4365, and the fuel is rate is obtained for at least 1 of the 4 and hour of the next valid sample. supplied without intermediate bulk hours. (2) A period of monitor downtime is storage, the sulfur content value of the § 60.4390 What are my reporting gaseous fuel must be determined and any unit operating hour in which the requirements if I operate an emergency recorded once per unit operating day. data for any of the following parameters combustion turbine or a research and are either missing or invalid: NOX development turbine? Reporting concentration, CO2 or O2concentration, (a) If you operate an emergency fuel flow rate, steam flow rate, steam § 60.4375 What reports must I submit? combustion turbine, you are exempt temperature, steam pressure, or from the NOX limit and must submit an For each affected unit required to megawatts. continuously monitor parameters or initial report to the Administrator emissions, or to periodically determine (c) For turbines required to monitor stating your case. the fuel sulfur content under this combustion parameters or parameters (b) Combustion turbines engaged by subpart, you must submit reports of that document proper operation of the manufacturers in research and excess emissions and monitor NOX emission controls: development of equipment for both downtime, in accordance with § 60.7(c). (1) An excess emission is a 4-hour combustion turbine emission control Excess emissions must be reported for rolling unit operating hour average in techniques and combustion turbine all periods of unit operation, including which any monitored parameter does efficiency improvements may be start-up, shutdown, and malfunction. not achieve the target value or is outside exempted from the NOX limit on a case- the acceptable range defined in the by-case basis as determined by the § 60.4380 How are excess emissions and parameter monitoring plan for the unit. Administrator. You must petition for the monitor downtime defined for NOX? (2) A period of monitor downtime is exemption. For the purpose of reports required a unit operating hour in which any of § 60.4395 When must I submit my reports? under § 60.7(c), periods of excess the required parametric data are either emissions and monitor downtime that not recorded or are invalid. All reports required under § 60.7(c) must be reported are defined as follows: must be postmarked by the 30th day (a) For turbines using water or steam § 60.4385 How are excess emissions and following the end of each calendar to fuel ratio monitoring: monitoring downtime defined for SO2? quarter. If you choose the option to monitor (1) An excess emission is any unit Performance Tests operating hour for which the 4-hour the sulfur content of the fuel, excess rolling average steam or water to fuel emissions and monitoring downtime are § 60.4400 How do I conduct the initial and ratio, as measured by the continuous defined as follows: subsequent performance tests, regarding monitoring system, falls below the (a) For samples of gaseous fuel and for NOX? acceptable steam or water to fuel ratio oil samples obtained using daily (a) You must conduct an initial needed to demonstrate compliance with sampling, flow proportional sampling, performance test, as required in § 60.8. § 60.4320, as established during the or sampling from the unit’s storage tank, (1) There are two general performance test required in § 60.8. Any an excess emission occurs each unit methodologies that you may use to unit operating hour in which no water operating hour included in the period conduct the performance tests. For each or steam is injected into the turbine will beginning on the date and hour of any test run: also be considered an excess emission. sample for which the sulfur content of (i) Measure the NOX concentration (in (2) A period of monitor downtime is the fuel being fired in the combustion parts per million (ppm)), using Method any unit operating hour in which water turbine exceeds 0.05 weight percent and 7E or Method 20 in appendix A to this or steam is injected into the turbine, but ending on the date and hour that a part or ASTM D6522–00. Also, the essential parametric data needed to subsequent sample is taken that concurrently measure the stack gas flow determine the steam or water to fuel demonstrates compliance with the rate, using Methods 1 and 2 in appendix ratio are unavailable or invalid. sulfur limit. A to this part, and measure and record
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8330 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
the electrical and thermal output from equation to calculate the NOX emission the unit. Then, use the following rate:
− 1194.() ×∗ 107 NO ∗ Q E = X c std (Eq. 5) P
Where: concentrations, is within +/·10 percent (4) Compliance with the applicable E = NOX emission rate, in lb/MW-hr of the mean concentration for all emission limit in § 60.4320 must be 1.194 x 10·7 = conversion constant, in traverse points, then you may use three demonstrated at each tested load level. lb/dscf-ppm points (located either 16.7, 50.0 and Compliance is achieved if the three-run (NOX)c = average NOX concentration for 83.3 percent of the way across the stack arithmetic average NOX emission rate at the run, or duct, or, for circular stacks or ducts each tested level meets the applicable in ppmQstd = stack gas volumetric flow greater than 2.4 meters (7.8 feet) in emission limit in § 60.4320. rate, in dscf/hr diameter, at 0.4, 1.2, and 2.0 meters (5) If you elect to install a CEMS, the P = gross energy output of the turbine, from the wall). The three points must be performance evaluation of the CEMS in MW (for simple-cycle operation), located along the measurement line that may either be conducted separately or or, for combined-cycle operation, exhibited the highest average NOX (as described in § 60.4405) as part of the the sum of all electrical and thermal concentration during the stratification initial performance test of the affected output from the unit, in MW, test; or unit. calculated according to (B) If each of the individual traverse § 60.4405 How do I perform the initial § 60.4350(f)(2); or point NOX (and, if applicable, diluent) · performance test if I have chosen to install (ii) Measure the NOX and diluent gas concentrations, is within +/ 5 percent a NOX-diluent CEMS? concentrations, using either Methods 7E of the mean concentration for all and 3A, or Method 20 in appendix A to traverse points, then you may sample at If you elect to install and certify a this part, or ASTM Method D6522–00. a single point, located at least 1 meter NOX-diluent CEMS under § 60.4345, Concurrently measure the heat input to from the stack wall or at the stack then the initial performance test the unit, using a fuel flowmeter (or centroid. required under § 60.8 may be performed flowmeters), and measure the electrical (b) The performance test must be done in the following alternative manner: and thermal output of the unit. Use at four load levels, i.e., either within +/ (a) Perform a minimum of nine Method 19 in appendix A to this part to ·5 percent of 30, 50, 75, and 90-to-100 relative accuracy test audit (RATA) reference method runs, with a minimum calculate the NOX emission rate in lb/ percent of peak load or at four evenly- MMBtu. Then, use Equations 1 and, if spaced load points in the normal time per run of 21 minutes, at a single necessary, 2 and 3 in § 60.4350(f) to operating range of the combustion load level, between 90 and 100 percent of peak (or the highest achievable) load. calculate the NOX emission rate in lb/ turbine, including the minimum point MW–hr. in the operating range and 90 to 100 (b) For each RATA run, concurrently (2) Sampling traverse points for NOX percent of peak load. You may perform measure the heat input to the unit using and (if applicable) diluent gas are to be testing at the highest achievable load a fuel flow meter (or flow meters) and selected following Method 20 or Method point, if 90 to 100 percent of peak load measure the electrical and thermal 1 (non-particulate procedures), and cannot be achieved in practice. Three output from the unit. sampled for equal time intervals. The test runs are required at each load level. (c) Use the test data both to sampling must be performed with a The minimum time per run is 20 demonstrate compliance with the traversing single-hole probe, or, if minutes. applicable NOX emission limit under feasible, with a stationary multi-hole (1) If the stationary combustion § 60.4320 and to provide the required probe that samples each of the points turbine combusts both oil and gas as reference method data for the RATA of sequentially. Alternatively, a multi-hole primary or backup fuels, separate the CEMS described under § 60.4335. probe designed and documented to performance testing is required for each (d) The requirement to test at three sample equal volumes from each hole fuel. additional load levels is waived. may be used to sample simultaneously (2) For a combined cycle turbine (e) Compliance with the applicable at the required points. system with supplemental heat (duct emission limit in § 60.4320 is achieved (3) Notwithstanding the requirements burner), you must measure the total if the arithmetic average of all of the NOX emissions after the duct burner in paragraph (a)(2) of this section, you NOX emission rates for the RATA runs, may test at fewer points than are rather than directly after the turbine. expressed in units of lb/MW-hr, does specified in Method 1 or Method 20 if (3) If water or steam injection is used not exceed the emission limit. the following conditions are met: to control NOX with no additional post- (i) You may perform a stratification combustion NOX control and you § 60.4410 How do I establish a valid parameter range if I have chosen to test for NOX and diluent pursuant to choose to monitor the steam or water to (A) [Reserved], or fuel ratio in accordance with § 60.4335, continuously monitor parameters? (B) The procedures specified in then that monitoring system must be If you have chosen to monitor section 6.5.6.1(a) through (e) of operated concurrently with each EPA combustion parameters or parameters appendix A to part 75 of this chapter. Method 20, ASTM D6522–00 indicative of proper operation of NOX (ii) Once the stratification sampling is (incorporated by reference, see § 60.17), emission controls in accordance with completed, you may use the following or EPA Method 7E run and must be § 60.4340, the appropriate parameters alternative sample point selection used to determine the fuel consumption must be continuously monitored and criteria for the performance test: and the steam or water to fuel ratio recorded during each run of the initial (A) If each of the individual traverse necessary to comply with the applicable performance test, to establish acceptable point NOX (and, if applicable, diluent) § 60.4320 NOX emission limit. operating ranges, for purposes of the
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 EP18FE05.004 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8331
parameter monitoring plan for the exhaust duct from another source, such gases and generate steam, for use in a affected unit, as specified in § 60.4355. as a stationary combustion turbine, steam turbine or other device that internal combustion engine, kiln, etc., to utilizes steam. Heat recovery steam § 60.4415 How do I conduct the initial and allow the firing of additional fuel to heat generating units can be used with or subsequent performance tests for sulfur? the exhaust gases before the exhaust without duct burners. (a) If you choose to periodically gases enter a heat recovery steam ISO standard conditions means 288 determine the sulfur content of the fuel generating unit. degrees Kelvin, 60 percent relative combusted in the turbine, a Efficiency means the combustion humidity and 101.3 kilopascals representative fuel sample would be turbine manufacturer’s rated heat rate at pressure. collected following ASTM D5287–97 peak load in terms of heat input per unit Lean premix stationary combustion (2002) for natural gas or ASTM D4177– of power output-based on the lower turbine means any stationary 95 (2000) for oil. Alternatively, for oil, heating value of the fuel. combustion turbine where the air and you may follow the procedures for Emergency combustion turbine means fuel are thoroughly mixed to form a lean manual pipeline sampling in section 14 any stationary combustion turbine mixture before delivery to the of ASTM D4057–95 (2000). At least one which operates in an emergency combustor. Mixing may occur before or fuel sample must be collected during situation. Examples include stationary in the combustion chamber. A unit each load condition. Analyze the combustion turbines used to produce which is capable of operating in both samples for the total sulfur content of power for critical networks or lean premix and diffusion flame modes the fuel using: equipment, including power supplied to is considered a lean premix stationary (1) For liquid fuels, ASTM D129–00, portions of a facility, when electric combustion turbine when it is in the or alternatively D2622–98, D4294–02, power from the local utility is lean premix mode, and it is considered D1266–98, D5453–00 or D1552–01; or interrupted, or stationary combustion (2) For gaseous fuels, ASTM D 1072– a diffusion flame stationary combustion turbines used to pump water in the case turbine when it is in the diffusion flame 90 (Reapproved 1999), or alternatively of fire or flood, etc. Emergency mode. D3246–96; D4468–85 (Reapproved stationary combustion turbines do not Natural gas means a naturally 2000); or D6667–01. include stationary combustion turbines occurring fluid mixture of hydrocarbons (b) The fuel analyses required under used as peaking units at electric utilities (e.g., methane, ethane, or propane) paragraph (a) of this section may be or stationary combustion turbines at produced in geological formations performed either by you, a service industrial facilities that typically contractor retained by you, the fuel operate at low capacity factors. beneath the Earth’s surface that vendor, or any other qualified agency. Emergency combustion turbines may be maintains a gaseous state at standard atmospheric temperature and pressure Definitions operated for the purpose of maintenance checks and readiness testing, provided under ordinary conditions. Natural gas § 60.4420 What definitions apply to this that the tests are required by the contains 20.0 grains or less of total subpart? manufacturer, the vendor, or the sulfur per 100 standard cubic feet. As used in this subpart, all terms not insurance company associated with the Equivalents of this in other units are as defined herein will have the meaning turbine. Required testing of such units follows: 0.068 weight percent total given them in the Clean Air Act and in should be minimized, but there is no sulfur, 680 ppmw total sulfur, and 338 subpart A (General Provisions) of this time limit on the use of emergency ppmv at 20 degrees Celsius total sulfur. part. combustion turbines. Additionally, natural gas must either be Base load means the load level at Excess emissions means a specified composed of at least 70 percent methane which a combustion turbine is normally averaging period over which either the by volume or have a gross calorific value between 950 and 1100 British operated. NOX emissions are higher than the Combined cycle combustion turbine applicable emission limit in § 60.4320; thermal units (Btu) per standard cubic means any stationary combustion the total sulfur content of the fuel being foot. Natural gas does not include the turbine which recovers heat from the combusted in the affected facility following gaseous fuels: landfill gas, combustion turbine exhaust gases to exceeds the limit specified in § 60.4330; digester gas, refinery gas, sour gas, blast heat water or generate steam. or the recorded value of a particular furnace gas, coal-derived gas, producer Combustion turbine model means a monitored parameter is outside the gas, coke oven gas, or any gaseous fuel group of combustion turbines having the acceptable range specified in the produced in a process which might same nominal air flow, combustor inlet parameter monitoring plan for the result in highly variable sulfur content pressure, combustor inlet temperature, affected unit. or heating value. Pipeline natural gas firing temperature, turbine inlet Gross useful output means the gross contains 0.5 grains or less of total sulfur temperature and turbine inlet pressure. useful work performed by the per 100 standard cubic feet. Diffusion flame stationary combustion combustion turbine. For units using the Additionally, pipeline natural gas must turbine means any stationary mechanical energy directly or either be composed of at least 70 combustion turbine where fuel and air generating only electricity, the gross percent methane by volume or have a are injected at the combustor and are useful work performed is the gross gross calorific value between 950 Btu mixed only by diffusion prior to electrical or mechanical output from the and 1100 Btu per standard cubic foot. ignition. A unit which is capable of turbine/generator set. For combined Peak load means 100 percent of the operating in both lean premix and heat and power units, the gross useful manufacturer’s design capacity of the diffusion flame modes is considered a work performed is the gross electrical or combustion turbine at ISO standard lean premix stationary combustion mechanical output plus the useful conditions. turbine when it is in the lean premix thermal output (i.e., thermal energy Regenerative cycle combustion mode, and it is considered a diffusion delivered to a process). turbine means any stationary flame stationary combustion turbine Heat recovery steam generating unit combustion turbine which recovers heat when it is in the diffusion flame mode. means a unit where the hot exhaust from the combustion turbine exhaust Duct burner means a device that gases from the combustion turbine are gases to preheat the inlet combustion air combusts fuel and that is placed in the routed in order to extract heat from the to the combustion turbine.
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8332 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
Simple cycle combustion turbine Unit operating day means a 24-hour Useful thermal output means the means any stationary combustion period between 12:00 midnight and the thermal energy made available for use in turbine which does not recover heat following midnight during which any any industrial or commercial process, or from the combustion turbine exhaust fuel is combusted at any time in the used in any heating or cooling gases to preheat the inlet combustion air unit. It is not necessary for fuel to be application, i.e., total thermal energy to the combustion turbine, or which combusted continuously for the entire made available for processes and does not recover heat from the 24-hour period. applications other than electrical combustion turbine exhaust gases to Unit operating hour means a clock generation. Thermal output for this hour during which any fuel is heat water or generate steam. subpart means the energy in recovered Stationary combustion turbine means combusted in the affected unit. If the thermal output measured against the any simple cycle combustion turbine, unit combusts fuel for the entire clock energy in the thermal output at 15 regenerative cycle combustion turbine hour, it is considered to be a full unit or a combined cycle steam/electric operating hour. If the unit combusts fuel degrees Celsius and 101.325 kiloPascals generating system that is not self- for only part of the clock hour, it is (kPa) of pressure. propelled. It may, however, be mounted considered to be a partial unit operating Table to Subpart KKKK of Part 60 on a vehicle for portability. hour. TABLE 1 TO SUBPART KKKK OF PART 60.—NITROGEN OXIDE EMISSION LIMITS FOR NEW STATIONARY COMBUSTION TURBINES
You must meet the For the following stationary combustion turbines: With a peak following nitrogen load capacity of: oxides limit, given in ng/J of useful output:
Natural gas-fired turbine ...... < 30 MW ...... 132 (1.0 lb/MW-hr) Natural gas-fired turbine ...... ≥ 30 MW ...... 50 (0.39 lb/MW-hr) Distillate oil and fuels other than natural gas-fired turbine ...... < 30 MW ...... 234 (1.9 lb/MW-hr) Distillate oil and fuels other than natural gas-fired turbine ...... ≥ 30 MW ...... 146 (1.2 lb/MW-hr)
[FR Doc. 05–3000 Filed 2–17–05; 8:45 am] service. Petitioner will retain the same 445 12th Street, SW., Room CY–B402, BILLING CODE 6560–50–P transmitter site when its station is Washington, DC 20554, telephone 1– reallotted to Charlotte. The coordinates 800–378–3160 or http:// for Channel 291B at Charlotte, Michigan www.BCPIWEB.com. This document FEDERAL COMMUNICATIONS are 42–23–28 NL and 84–37–22 WL, does not contain proposed information COMMISSION with a site restriction of 30 kilometers collection requirements subject to the (16.1 miles) southeast of Charlotte. Paperwork Reduction Act of 1995, 47 CFR Part 73 DATES: Comments must be filed on or Public Law 104–13. In addition, [DA 05–289; MB Docket No. 05–35; RM– before March 28, 2005, and reply therefore, it does not contain any 11134] comments on or before April 12, 2005. proposed information collection burden ADDRESSES: Secretary, Federal ‘‘for small business concerns with fewer Radio Broadcasting Services; Communications Commission, 445 12th than 25 employees,’’ pursuant to the Charlotte and Jackson, MI Street, SW., Room TW–A325, Small Business Paperwork Relief Act of Washington, DC 20554. In addition to 2002, Public Law 107–198, see 44 U.S.C. AGENCY: Federal Communications filing comments with the FCC, 3506(c)(4). Commission. interested parties should serve The provisions of the Regulatory ACTION: Proposed rule. Petitioner’s counsel, as follows: Mark N. Flexibility Act of 1980 do not apply to SUMMARY: This document requests Lipp, Esq. and Scott Woodworth, Esq., this proceeding. comments on a petition for rule making Vinson & Elkins LLP; 1455 Members of the public should note filed by Rubber City Radio Group Pennsylvania Ave., NW., Suite 600; that from the time a Notice of Proposed (‘‘Petitioner’’), licensee of Station Washington, DC 20004–1008. Rule Making is issued until the matter WJXQ(FM), Channel 291B, Jackson, FOR FURTHER INFORMATION CONTACT: R. is no longer subject to Commission Michigan. Petitioner requests that the Barthen Gorman, Media Bureau, (202) consideration or court review, all ex Commission reallot Channel 291B from 418–2180. parte contacts are prohibited in Jackson to Charlotte, Michigan. This SUPPLEMENTARY INFORMATION: This is a Commission proceedings, such as this request is filed to maintain a first local synopsis of the Commission’s Notice of one, which involve channel allotments. service at Charlotte, Michigan. If this Proposed Rule Making, MB Docket No. See 47 CFR 1.1204(b) for rules petition is granted it will eliminate a 05–35, adopted February 2, 2005, and governing permissible ex parte contacts. potential conflict between two licensees released February 4, 2005. The full text For information regarding proper in another rulemaking proceeding (MB of this Commission decision is available filing procedures for comments, See 47 Docket No. 03–222) who propose to for inspection and copying during CFR 1.415 and 1.420. move from Charlotte to two other cities regular business hours in the FCC’s List of Subjects in 47 CFR Part 73 in Michigan. The two proposals in that Reference Information Center at Portals proceeding are not in technical conflict, II, 445 12th Street, SW., CY–A257, Radio, Radio broadcasting. but would conflict with the Washington, DC 20554. This document For the reasons discussed in the Commission’s policy of maintaining may also be purchased from the preamble, the Federal Communications local service in a community that might Commission’s duplicating contractors, Commission proposes to amend 47 CFR otherwise lose local transmission Best Copy and Printing, Inc., Portals II, part 73 as follows:
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8333
PART 73—RADIO BROADCAST WKQL(FM), Jacksonville, Florida, as a List of Subjects in 47 CFR Part 73 SERVICES Class C0 allotment. Radio, Radio broadcasting. 1. The authority citation for part 73 ADDRESSES: Federal Communications For the reasons discussed in the continues to read as follows: Commission, 445 Twelfth Street, SW., preamble, the Federal Communications Washington, DC 20554. In addition to Commission proposes to amend 47 CFR Authority: 47 U.S.C. 154, 303, 334, and filing comments with the FCC, 336. Part 73 as follows: interested parties should serve the § 73.202 [Amended] petitioner, and Station WKQL as PART 73—RADIO BROADCAST 2. Section 73.202(b), the Table of FM follows: Clyde Scott, Jr., President, SERVICES Association for the Studies of American Allotments under Michigan, is amended 1. The authority citation for part 73 Heritage, 293 JC Saunders Road, by removing Channel 291B from Jackson continues to read as follows: and adding Channel 291B to Charlotte. Moultrie, Georgia 31768; WKQL Radio, Cox Radio, Inc., 8000 Belfort Parkway, Authority: 47 U.S.C. 154, 303, 334 and 336. Federal Communications Commission. Jacksonville, Florida 32256; and Kevin § 73.202 [Amended] John A. Karousos, F. Reed, Esq., Dow Lohnes & Albertson, Assistant Chief, Audio Division, Media PLLC, Suite 800, 1200 New Hampshire 2. Section 73.202(b), the Table of FM Bureau. Ave., NW., Washington, DC 20036, Allotments under Georgia is amended [FR Doc. 05–3214 Filed 2–17–05; 8:45 am] (Counsel to Cox Radio, Inc.). by adding Channel 246A at Homerville. BILLING CODE 6712–01–P 3. Section 73.202(b), the Table of FM FOR FURTHER INFORMATION CONTACT: Allotments under Florida is amended by Victoria McCauley, Media Bureau, (202) removing Channel 245C and adding FEDERAL COMMUNICATIONS 418–2180. Channel 245C0 at Jacksonville. COMMISSION SUPPLEMENTARY INFORMATION: This is a Federal Communications Commission. synopsis of the Commission’s Notice of John A. Karousos, 47 CFR Part 73 Proposed Rule Making, MB Docket No. Assistant Chief, Audio Division, Media [DA 05–290; MB Docket No. 05–32; RM– 05–32, adopted February 2, 2005, and Bureau. 10988] released February 4, 2005. The full text [FR Doc. 05–3213 Filed 2–17–05; 8:45 am] of this Commission decision is available BILLING CODE 6712–01–P Radio Broadcasting Services; for inspection and copying during Homerville, GA normal business hours in the FCC’s Reference Information Center at Portals FEDERAL COMMUNICATIONS AGENCY: Federal Communications II, CY–A257, 445 Twelfth Street, SW., COMMISSION Commission. Washington, DC. This document may ACTION: Proposed rule. also be purchased from the 47 CFR Part 73 Commission’s duplicating contractors, SUMMARY: This document requests [DA 05–308; MM Docket No. 01–86; RM– Qualex International, Portals II, 445 10079] comments on a petition for rulemaking 12th Street, SW., Room CY–B402, filed by Association for the Studies of Washington, DC 20554, telephone 202– Radio Broadcasting Services; American Heritage Corporation, 863–2893, or via e-mail Arapahoe and Lost Cabin, WY requesting the allotment of Channel [email protected]. This document does AGENCY: Federal Communications 246A at Homerville, Georgia, as the not contain proposed information Commission. community’s second local aural collection requirements subject to the transmission service. Petitioner’s Paperwork Reduction Act of 1995, ACTION: Proposed rule; dismissal. proposal also requires the Public Law 104–13. In addition, SUMMARY: At the request of Idaho reclassification of Station WKQL(FM), therefore, it does not contain any Jacksonville, Florida, Channel 245C to Broadcasting Consortium, Inc., the proposed information collection burden Audio Division dismisses the petition specify operation on Channel 245C0 ‘‘for small business concerns with fewer pursuant to the reclassification for rule making proposing the than 25 employees,’’ pursuant to the reallotment of Channel 256C from Lost procedures adopted by the Commission. Small Business Paperwork Relief Act of See Second Report and Order in MM Cabin to Arapahoe, Wyoming, and the 2002, Public Law 107–198, see 44 U.S.C. modification of Station KWYW(FM)’s Docket 98–93 (1998 Biennial Regulatory 3506(c)(4). Review—Streamlining of Radio license accordingly. See 66 FR 20224, Technical Rules in Parts 73 and 74 of Provisions of the Regulatory April 20, 2001. A showing of continuing the Commission’s Rules) 65 FR 79773 Flexibility Act of l980 do not apply to interest is required before a channel will (2000). An Order to Show Cause was this proceeding. be allotted. It is the Commission’s issued to Cox Radio, Inc., licensee of Members of the public should note policy to refrain from making an Station WKQL(FM) (RM–10988) that from the time a Notice of Proposed allotment to a community absent an Channel 246A can be allotted at Rule Making is issued until the matter expression of interest. Therefore, we Homerville, Georgia, at Petitioner’s is no longer subject to Commission will grant the request to dismiss the requested site 11.1 kilometers (6.9 consideration or court review, all ex instant proposal. miles) northwest of the community at parte contacts are prohibited in FOR FURTHER INFORMATION CONTACT: coordinates 31–07–16 NL and 82–48–51 Commission proceedings, such as this Sharon P. McDonald, Media Bureau, WL . one, which involve channel allotments. (202) 418–2180. DATES: Comments must be filed on or See 47 CFR 1.1204(b) for rules SUPPLEMENTARY INFORMATION: This is a before March 28, 2005, and reply governing permissible ex parte contacts. synopsis of the Commission’s Report comments on or before April 12, 2005. For information regarding proper and Order, MM Docket No. 01–86, Any counterproposal filed in this filing procedures for comments, see 47 adopted February 2, 2005 , and released proceeding need only protect Station CFR 1.415 and 1.420. February 4, 2005. The full text of this
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8334 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
Commission decision is available for SUPPLEMENTARY INFORMATION: This is a Federal Communications Commission. inspection and copying during normal synopsis of the Commission’s Notice of John A. Karousos, business hours in the FCC Reference Proposed Rule Making, MB Docket No. Assistant Chief, Audio Division, Media Information Center (Room CY–A257), 05–33, adopted February 2, 2005, and Bureau. 445 12th Street, SW., Washington, DC. released February 4, 2005. The full text [FR Doc. 05–3211 Filed 2–17–05; 8:45 am] The complete text of this decision may of this Commission decision is available BILLING CODE 6712–01–P also be purchased from the for inspection and copying during Commission’s copy contractor, Best normal business hours in the FCC’s Copy and Printing, Inc., Portals II, 445 Reference Information Center at Portals FEDERAL COMMUNICATIONS 12th Street, SW., Room CY–B402, II, CY–A257, 445 Twelfth Street, SW., COMMISSION Washington, DC 20054, telephone 1– Washington, DC. 800–378–3160 or http:// 47 CFR Part 73 This document may also be purchased www.BCPIWEB.com. This document is [DA 05–293; MB Docket No. 04–25; RM– not subject to the Congressional Review from the Commission’s duplicating 10849] Act. (The Commission, is, therefore, not contractors, Qualex International, required to submit a copy of this Report Portals II, 445 12th Street, SW., Room Radio Broadcasting Services; and Order to GAO, pursuant to the CY–B402, Washington, DC 20554, Laughlin, Nevada and Meadview, AZ Congressional Review Act, see 5 U.S.C. telephone 202–863–2893, or via e-mail AGENCY: 801(a)(1)(A) because the proposed rule [email protected]. This document does Federal Communications Commission. was dismissed. not contain proposed information ACTION: Proposed rule, denial. Federal Communications Commission. collection requirements subject to the John A. Karousos, Paperwork Reduction Act of 1995, SUMMARY: This document denies a Assistant Chief, Audio Division, Media Public Law 104–13. In addition, petition for rule making filed by Desert Bureau. therefore, it does not contain any Sky Media, LLC, licensee of Station [FR Doc. 05–3212 Filed 2–17–05; 8:45 am] proposed information collection burden KVGS(FM), Laughlin, Nevada. The BILLING CODE 6712–01–P ‘‘for small business concerns with fewer petition’s proposal to reallot Channel than 25 employees,’’ pursuant to the 300C from Laughlin to Meadview, Small Business Paperwork Relief Act of Arizona, as the community’s first local FEDERAL COMMUNICATIONS 2002, Public Law 107–198, see 44 U.S.C. transmission service, would remove the COMMISSION 3506(c)(4). sole local aural transmission service from Laughlin and is thus denied. 47 CFR Part 73 Provisions of the Regulatory Flexibility Act of 1980 do not apply to Hodson Broadcasting’s comments in [DA 05–297; MB Docket No. 05–33; RM– this proceeding. opposition are dismissed as moot. 10756] DATES: Effective upon publication in the Members of the public should note Federal Register. Radio Broadcasting Services; Cuney, that from the time a Notice of Proposed ADDRESSES: Secretary, Federal TX Rule Making is issued until the matter is no longer subject to Commission Communications Commission, 445 12th AGENCY: Federal Communications consideration or court review, all ex Street, SW., Room TW–A325, Washington, DC 20554. In addition to Commission. parte contacts are prohibited in filing comments with the FCC, ACTION: Proposed rule. Commission proceedings, such as this interested parties should serve the one, which involve channel allotments. SUMMARY: This document requests petitioner’s counsel, as follows: Lee J. comments on a petition for rulemaking See 47 CFR 1.1204(b) for rules Peltzman, Esq., Shainis & Peltzman, filed by Charles Crawford requesting the governing permissible ex parte contacts. Chartered, 1850 M Street, NW., Suite allotment of Channel 259A at Cuney, For information regarding proper 240, Washington, DC 20036; Mark N. Texas. The coordinates for Channel filing procedures for comments, see 47 Lipp, Esq., J. Thomas Nolan, Esq., 259A at Cuney, Texas, are 31–58–52 and CFR 1.415 and 1.420. Vinson & Elkins, LLP, 1455 95–22–24. There is a site restriction 6.8 Pennsylvania Avenue, NW., Suite 600, kilometers (4.3 miles) southeast of the List of Subjects in 47 CFR Part 73 Washington, DC 20004–1008 community. Radio, Radio broadcasting. FOR FURTHER INFORMATION CONTACT: DATES: Comments must be filed on or Victoria M. McCauley, Media Bureau, before March 28, 2005, and reply For the reasons discussed in the (202) 418–2180. preamble, the Federal Communications comments on or before April 12, 2005. SUPPLEMENTARY INFORMATION: This is a Commission proposes to amend 47 CFR ADDRESSES: Secretary, Federal synopsis of the Commission’s Report part 73 as follows: Communications Commission, 445 and Order, MB Docket No. 04–25, Twelfth Street, S.W., Washington, DC PART 73—RADIO BROADCAST adopted February 2, 2005, and released 20554. In addition to filing comments SERVICES February 4, 2005. The full text of this with the FCC, interested parties should Commission decision is available for serve the petitioner as follows: Charles 1. The authority citation for part 73 inspection and copying during regular Crawford, 4553 Bordeaux Avenue, continues to read as follows: business hours in the FCC’s Reference Dallas, Texas 75205 and Gene A. Information Center at Portals II, 445 Bechtel, Law Office of Gene Bechtel, Authority: 47 U.S.C. 154, 303, 334 and 336. 12th Street, SW., CY–A257, 1050 17th Street, NW., Suite 600, § 73.202 [Amended] Washington, DC, 20554. This document Washington, DC 20036. may also be purchased from the FOR FURTHER INFORMATION CONTACT: 2. Section 73.202(b), the Table of FM Commission’s duplicating contractors, Rolanda F. Smith, Media Bureau, (202) Allotments under Texas, is amended by Best Copy and Printing, Inc., 445 12th 418–2180. adding Cuney, Channel 259A. Street, SW., Room CY–B402,
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8335
Washington, DC, 20054, telephone 1– license site of Station KORI, Channel For the reasons discussed in the 800–378–3160 or http:// 284C3, Mansfield, Louisiana. preamble, the Federal Communications www.BCPIWEB.com. This document is DATES: Comments must be filed on or Commission proposes to amend 47 CFR not subject to the Congressional Review before March 28, 2005, and reply Part 73 as follows: Act. (The Commission, is, therefore, not comments on or before April 12, 2005. PART 73—RADIO BROADCAST required to submit a copy of this Report Any counterproposal filed in this SERVICES and Order to GAO, pursuant to the proceeding need only protect Station Congressional Review Act, see 5 U.S.C. KYKS, Lufkin, as a Class C0 allotment. 1. The authority citation for Part 73 801(a)(1)(A) because this proposed rule ADDRESSES: continues to read as follows: was denied. Federal Communications Commission, 445 Twelfth Street, SW., Authority: 47 U.S.C. 154, 303, 334 and 336. Federal Communications Commission. Washington, DC 20554. In addition to John A. Karousos, filing comments with the FCC, § 73.202 [Amended] Assistant Chief, Audio Division, Media interested parties should serve the 2. Section 73.202(b), the Table of FM Bureau. petitioner as follows: Charles Crawford, Allotments under Louisiana is amended [FR Doc. 05–3210 Filed 2–17–05; 8:45 am] 4553 Bordeaux Avenue, Dallas, Texas by adding Channel 285A at Oil City. BILLING CODE 6712–01–P 75205. 3. Section 73.202(b), the Table of FM Allotments under Texas is amended by FOR FURTHER INFORMATION CONTACT: adding Channel 288A at Lovelady, and Rolanda F. Smith, Media Bureau, (202) FEDERAL COMMUNICATIONS by removing Channel 286C and by 418–2180. COMMISSION adding Channel 286C0 at Lufkin. SUPPLEMENTARY INFORMATION: This is a 47 CFR Part 73 synopsis of the Commission’s Notice of Federal Communications Commission. John A. Karousos, [DA 05–291; MB Docket No. 05–36; RM– Proposed Rule Making, MB Docket No. 11030; MB Docket No. 05–37; RM–10790] 05–36, 05–37, adopted February 2, 2005, Assistant Chief, Audio Division, Media and released February 4, 2005. The full Bureau. Radio Broadcasting Services; text of this Commission decision is [FR Doc. 05–3209 Filed 2–17–05; 8:45 am] Lovelady, TX, Lufkin, TX and Oil City, available for inspection and copying BILLING CODE 6712–01–P LA during normal business hours in the FCC’s Reference Information Center at AGENCY: Federal Communications FEDERAL COMMUNICATIONS Commission. Portals II, CY–A257, 445 Twelfth Street, SW., Washington, DC. This document COMMISSION ACTION: Proposed rule. may also be purchased from the 47 CFR Part 73 SUMMARY: This document requests Commission’s duplicating contractors, comments two petitions for rulemaking Qualex International, Portals II, 445 [DA 05–309; MB Docket No. 05–45, RM– filed by Charles Crawford requesting the 12th Street, SW., Room CY–B402, 11147] Washington, DC 20554, telephone 202– allotment of Channel 288A at Lovelady, Radio Broadcasting Services; Atwood, Texas, as its second local aural 863–2893, or via e-mail [email protected]. This document does KS, Burlington and Flagler, CO, and transmission service and Channel 285A McCook, NE at Oil City, Louisiana, as its second local not contain proposed information aural transmission service. The collection requirements subject to the AGENCY: Federal Communications proposals also requires the Paperwork Reduction Act of 1995, Commission. reclassification of Station KYKS(FM), Public Law 104–13. In addition, ACTION: Proposed rule. Lufkin, Texas, Channel 286C to specify therefore, it does not contain any operation on Channel 286C0 pursuant to proposed information collection burden SUMMARY: The Audio Division requests the reclassification procedures adopted ‘‘for small business concerns with fewer comments on a petition filed by Border by the Commission. See Second Report than 25 employees,’’ pursuant to the Alliance of Broadcasters proposing the and Order in MM Docket 98–93, 1998 Small Business Paperwork Relief Act of allotment of Channel 280C0 at Atwood, Biennial Regulatory Review— 2002, Public Law 107–198, see 44 U.S.C. Kansas, as the community’s first local Streamlining of Radio Technical Rules 3506(c)(4). aural transmission service. To in Parts 73 and 74 of the Commission’s Provisions of the Regulatory accommodate the allotment, petitioner Rules, 65 FR 79773 (2000). An Order to Flexibility Act of 1980 do not apply to also proposes (1) The substitution of Show Cause was issued to Capstar TX this proceeding. Channel 292C2 for vacant Channel Limited Partnership, licensee of Station Members of the public should note 280C2 at McCook, Nebraska, and the KYKS. Channel 288A can be allotted at that from the time a Notice of Proposed modification of the reference Lovelady in compliance with the Rule Making is issued until the matter coordinates; (2) the substitution of Commission’s minimum distance is no longer subject to Commission Channel 282C1 for Channel 281C1 at separation requirements with a site consideration or court review, all ex Burlington, Colorado, and the restriction of 12.5 kilometers (7.8 miles) parte contacts are prohibited in modification of Station KNAB–FM’s southwest to avoid short-spacing to the Commission proceedings, such as this license accordingly; and (3) the license site of Station KTCJ, Channel one, which involve channel allotments. substitution of Channel 261C3 for 290C3, Centerville, Texas at reference See 47 CFR 1.1204(b) for rules vacant Channel 283C3 at Flagler, coordinates 31–03–14 NL and 95–32–34 governing permissible ex parte contacts. Colorado. Channel 280C0 can be WL. Channel 285A can be allotted at Oil For information regarding proper allotted to Atwood in compliance with City in compliance with the filing procedures for comments, see 47 the Commission’s minimum distance Commission’s minimum distance CFR 1.415 and 1.420. separation requirements with a site separation requirements with a site restriction of 33.9 kilometers (21.1 restriction of 15.6 kilometers (9.7 miles) List of Subjects in 47 CFR Part 73 miles) east of the community. The west to avoid short-spacing to the Radio, Radio broadcasting. coordinates for Channel 280C0 at
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8336 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
Atwood are 39–49–38 North Latitude contain any proposed information governing permissible ex parte contacts. and 100–38–48 West Longitude. See collection burden ‘‘for small business For information regarding proper filing SUPPLEMENTARY INFORMATION, infra. concerns with fewer than 25 procedures for comments, see 47 CFR DATES: Comments must be filed on or employees,’’ pursuant to the Small 1.415 and 1.420. Business Paperwork Relief Act of 2002, before March 31, 2005, reply comments List of Subjects in 47 CFR Part 73 on or before April 15, 2005. Public Law 107–198, see 44 U.S.C. ADDRESSES: Federal Communications 3506(c)(4). Radio, Radio broadcasting. Commission, Washington, DC 20554. In To accommodate the allotment, For the reasons discussed in the addition to filing comments with the Channel 282C1 can be substituted at preamble, the Federal Communications FCC, interested parties should serve the Burlington at Station KNAB–FM Commission proposes to amend 47 CFR petitioner, or its counsel or consultant, presently licensed site. The coordinates part 73 as follows: as follows: Dan J. Alpert, Esq., 2120 N. for Channel 282C1 at Burlington are 39– 21st Road, Arlington, Virginia 22201 17–41 North Latitude and 102–15–37 PART 73—RADIO BROADCAST (Counsel for Petitioner). West Longitude. Channel 292C2 can be SERVICES substituted at McCook with a site FOR FURTHER INFORMATION CONTACT: 1. The authority citation for Part 73 restriction of 20.5 kilometers (12.7 Sharon P. McDonald, Media Bureau, continues to read as follows: (202) 418–2180. miles) southeast at the requested SUPPLEMENTARY INFORMATION: This is a modified site. The coordinates for Authority: 47 U.S.C. 154, 303, 334 and 336. synopsis of the Commission’s Notice of Channel 292C2 at McCook are 40–03–34 § 73.202 [Amended] Proposed Rule Making, MB Docket No. North Latitude and 100–28–21 West Longitude. Channel 261C3 can be 2. Section 73.202(b), the Table of FM 05–45, adopted February 2, 2005, and Allotments under Colorado, is amended released February 7, 2005. The full text substituted at Flagler with a site restriction of 9.7 kilometers (6.0 miles) by removing Channel 281C1 and adding of this Commission decision is available Channel 282C1 at Burlington; and by for inspection and copying during east of the community. The coordinates for Channel 261C3 at Flagler are 39–18– removing Channel 283C3 and adding normal business hours in the FCC Channel 261C3 at Flagler. Reference Information Center (Room 00 North Latitude and 102–57–16 West Longitude. 3. Section 73.202(b), the Table of FM CY–A257), 445 12th Street, SW., Allotments under Kansas, is amended Provisions of the Regulatory Washington, DC. The complete text of by adding Atwood, Channel 280C0. Flexibility Act of 1980 do not apply to this decision may also be purchased 4. Section 73.202(b), the Table of FM this proceeding. from the Commission’s copy contractor, Allotments under Nebraska, is amended Best Copy and Printing, Inc., Portals II, Members of the public should note by removing Channel 280C2 and adding 445 12th Street, SW., Room CY–B402, that from the time a Notice of Proposed Channel 292C2 at McCook. Washington, DC 20054, telephone 1– Rule Making is issued until the matter 800–378–3160 or www.BCPIWEB.com. is no longer subject to Commission Federal Communications Commission. This document does not contain consideration or court review, all ex John A. Karousos, proposed information collection parte contacts are prohibited in Assistant Chief, Audio Division, Media requirements subject to the Paperwork Commission proceedings, such as this Bureau. Reduction Act of 1995, Public Law 104– one, which involve channel allotments. [FR Doc. 05–3208 Filed 2–17–05; 8:45 am] 13. In addition, therefore, it does not See 47 CFR 1.1204(b) for rules BILLING CODE 6712–01–P
VerDate jul<14>2003 15:39 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\18FEP1.SGM 18FEP1 8337
Notices Federal Register Vol. 70, No. 33
Friday, February 18, 2005
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: areas to include a variety of contains documents other than rules or Title: Social Dimensions of Fuel recreationists. proposed rules that are applicable to the Reduction Treatments in Southern The results will consist of groupings public. Notices of hearings and investigations, Appalachian Forests. of respondents based on differing committee meetings, agency decisions and OMB Number: 0596–New. perceptions, attitudes, and knowledge rulings, delegations of authority, filing of petitions and applications and agency Expiration Date of Approval: New. about prescribed fire. Cluster analysis statements of organization and functions are Type of Request: New. will be conducted by the faculty at examples of documents appearing in this Abstract: The Forest and Rangeland Clemson University who designed the section. Renewable Resources Research Act of study. The results will provide forest 1978, as amended, authorizes the Forest scientists and land managers Service to collect information to help information about what values and DEPARTMENT OF AGRICULTURE identify the range of knowledge, concerns are present among interested attitudes and values interested publics publics. These findings will help Forest Service hold toward fuel-load reduction and managers identify issues that require resulting aesthetic and ecological education and communication and Information Collection; Request for changes. Fuel loads in the forests of the topics related to the social values of Comments; Social Dimensions of Fuel southern Appalachian Mountains pose forests affected by prescribed fire that Reduction Treatments in Southern significant risk of wildfire. Additionally will require additional in-depth Appalachian Forests in the last 20 years, numerous questions research. Without this initial study in AGENCY: Forest Service, USDA. have been raised about the ecologically- the southern Appalachian Mountains, ACTION: Notice. and historically-appropriate vegetation managers will be less likely to patterns that should be present in these accommodate social needs related to SUMMARY: In accordance with the forests. Along with ecological research these forests and more likely to mis- Paperwork Reduction Act of 1995, the on the effects of silvicultural treatments communicate with interested publics. Forest Service is seeking comments to reduce fuel loads and restore historic Estimate of Annual Burden: 30 from all interested individuals and vegetation patterns, there is a need to minutes. organizations on a new information understand and describe how interested Type of Respondents: Landowners collection, Social Dimensions of Fuel publics will evaluate these changes in near USDA Forest Service land within Reduction Treatments in Southern forest ecology, should they occur. Forest the Southern Appalachian Mountains Appalachian Forests. resource managers need to consider and wildland recreationists using these DATES: Comments must be received in human interests along with ecological same areas. writing on or before April 19, 2005 to concerns. Estimated Annual Number of be assured of consideration. Comments Data for this study will be collected Respondents: 400. received after that date will be through mail-back questionnaires. Estimated Annual Number of considered to the extent practicable. Faculty within the Department of Parks, Responses per Respondent: 1. Recreation and Tourism at Clemson Estimated Total Annual Burden on ADDRESSES: Comments concerning this University will supervise all steps of the Respondents: 200 hours. notice should be addressed to Robert D. study. The mail-back questionnaire will Comment is invited on: (1) Whether Bixler, Associate Professor, Department contain measures of perceptions of this collection of information is of Parks, Recreation and Tourism photographic images of areas burned as necessary for the stated purposes and Management, Clemson University, part of prescribed fires and mechanical the proper performance of the functions Clemson, SC 29634–0735. thinning. Additional written questions of the agency, including whether the Comments also may be submitted via will measure participation rates in information will have practical or facsimile to (864) 656–2226 or by e-mail different wildland recreation activities, scientific utility; (2) the accuracy of the to: [email protected]. perceptions of land management agency’s estimate of the burden of the The public may inspect comments agencies, and desirability of a variety of collection of information, including the received at 263 Lehotsky Hall, Clemson ecological changes expected from fuel validity of the methodology and University, Clemson, South Carolina, load reduction, knowledge of fuel assumptions used; (3) ways to enhance during normal business hours. Visitors reduction techniques, and knowledge of the quality, utility, and clarity of the are encouraged to call ahead to (864) historic vegetation patterns of the information to be collected; and (4) 656–3400 to facilitate entry to the southern Appalachian Mountains. ways to minimize the burden of the building. Routine demographic data will also be collection of information on FOR FURTHER INFORMATION CONTACT: collected. respondents, including the use of Robert D. Bixler, Associate Professor, The sample will be a purposive automated, electronic, mechanical, or Department of Parks, Recreation and sample, designed to maximize the other technological collection Tourism Management, (864) 656–4849. variety of interested publics who techniques or other forms of information Individuals who use telecommunication respond. A mailing will be made to technology. devices for the deaf (TDD) may call the residents of counties in North Carolina All comments received in response to Federal Relay Service (FRS) at 1–800– and Virginia where at least 35 percent this notice, including names and 877–8339 twenty-four hours a day, of the area in the counties is USDA addresses when provided, will be a every day of the year, including Forest Service land. Additional samples matter of public record. Comments will holidays. will be collected in forest recreation be summarized and included in the
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8338 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
submission request toward Office of Expiration date of approval: N/A. agencies with fire protection Management and Budget approval. Type of request: New. responsibilities are planning to embark Abstract: This information collection Dated: February 8, 2005. on an ambitious and costly fuels is being undertaken to solicit reduction program for fire risk reduction Bov B. Eav, information on public support of two without a clear understanding of the Associate Deputy Chief for Research & fuel reduction programs: prescribed public’s opinion on which treatments Development. burning and mechanical treatment. are most effective or even desirable. [FR Doc. 05–3121 Filed 2–17–05; 8:45 am] Researchers will evaluate the responses Information collected in this research BILLING CODE 3410–11–P of California and Montana residents to will help natural resource and fire different scenarios related to fire hazard managers to better understand the reduction programs, determine how public’s opinions on fuels reduction DEPARTMENT OF AGRICULTURE effective residents think the programs activities and what type of media could Forest Service are, and calculate how much residents be more effective in conveying would be willing to pay to implement information to the public. Information Collection; Request for the alternatives presented to them. Estimate of Annual Burden: 30 Comments; Public Support for Fuel The results of the survey will allow minutes. Reduction Policies: Multimedia Versus researchers to provide better Type of Respondents: Stratified Printed Materials information to natural resource, forest, random sample of heads of households. and fire managers when they are Estimated Annual Number of AGENCY: Forest Service, USDA. contemplating the kind and type of fire Respondents: 1000. ACTION: Notice. hazard reduction program to implement Estimated Annual Number of to achieve forestland management Responses per Respondent: 1. SUMMARY: In accordance with the planning objectives. In addition, the Estimated Total Annual Burden on Paperwork Reduction Act of 1995, the survey will assist forest and fire Respondents: 500 hours. Forest Service is seeking comments managers in developing educational and Comment is invited on: (1) Whether from all interested individuals and outreach material for forest this collection of information is organizations on the proposed new homeowners, schools, public meetings, necessary for the stated purposes and information collection, Public Support and State and Private Forestry extension the proper performance of the function for Fuel Reduction Policies: Multimedia programs. of the agency, including whether the vs. Printed Materials. To gather the information, a stratified information will have practical or DATES: Comments must be received in random sample of California and scientific utility; (2) the accuracy of the writing on or before April 19, 2005 to Montana residents will be contacted by agency’s estimate of the burden of the be assured of consideration. Comments telephone through a random-digit collection of information, including the received after that date will be dialing process. Those contacts who validity of the methodology and considered to the extent practicable. agree to participate in the study will be assumptions used; (3) ways to enhance the quality, utility, and clarity of the ADDRESSES: Comments concerning this asked an introductory set of questions to information to be collected; and (4) notice´ should ´be addressed to Armando determine their pre-existing knowledge ways to minimize the burden of the Gonzalez-Caban, Pacific Southwest of fuels reduction treatments. The collection of information on Research Station, Forest Service, USDA, respondents will be informed that a respondents, including the use of 4955 Canyon Crest Drive, Riverside, CA more in-depth, self-administered video automated, electronic, mechanical, or 92507. questionnaire will be mailed to them. Comments also may be submitted via Upon receipt of the video, participants other technological collection facsimile to (951) 680–1501, or by e- will also be asked to watch the techniques or other forms of information mail to [email protected]. videotape; answer questions on the technology. The public may inspect comments attached answer sheet; and return the All comments received in response to received at Pacific Southwest Research answer sheet to the Forest Service this notice, including names and Station, Building One reception area, researchers in a postage-paid, pre- addresses when provided, will be a Forest Service, USDA, 4955 Canyon addressed envelope included with the matter of public record. Comments will Crest Drive, Riverside, California, initial mailing. After two weeks, a be summarized and included in the during normal business hours. Visitors reminder post card will be sent to all submission request toward Office of are encouraged to call ahead to (951) participants who have not responded. A Management and Budget approval. 680–1500 to facilitate entry to the week later, a second, duplicate Dated: February 8, 2005. building. videotape will be sent to all participants Bov B. Eav, who have not responded. After FOR FURTHER INORMATION´ ´ CONTACT: Associate Deputy Chief for Research & resending the duplicate video, no Development. Armando Gonzalez-Caban, Pacific additional contact will take place with Southwest Research Station, USDA [FR Doc. 05–3122 Filed 2–17–05; 8:45 am] participants. BILLING CODE 3410–11–P Forest Service, (951) 680–1525. The information will be collected by Individuals who use telecommunication a university research survey center and devices for the deaf (TDD) may call the will be analyzed by a Forest Service DEPARTMENT OF AGRICULTURE Federal Relay Service (FRS) at 1–800– researcher and a researcher at a 877–8339 twenty-four hours a day, cooperating university who are Forest Service every day of the year, including experienced in applied economic holidays. nonmarket valuation research and Information Collection; Request for SUPPLEMENTARY INFORMATION: survey research. Comments; Hispanic Perceptions and Title: Public Support for Fuel At present the Forest Service, Bureau Uses of the Urban Forest Reduction Policies: Multimedia versus of Land Management, Bureau of Indian AGENCY: Forest Service, USDA. Affairs, National Park Service, Fish and Printed Materials. ACTION: Notice. OMB Number: 0596–New. Wildlife Service, and many State
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8339
SUMMARY: In accordance with the fragmentation in the South. Relatively technical assistance, the National Urban Paperwork Reduction Act of 1995, the little is known about how Hispanics, and Community Forest grants Forest Service is seeking comments one of the largest growing groups, (NUCFAC), and Tree City USA (Pub. L. from all interested individuals and perceive and use urban and community 101–624, Title XII, Section 1219; organizations regarding the new forests. Walker, 2003). The Forest Service information collection entitled, Federal statutes which authorize this recognizes that research is an important ‘‘Hispanic Perceptions and Uses of the information collection include the Food, component of urban and community Urban Forest.’’ Agriculture, Conservation, and Trade forestry. Research focusing on public DATES: Comments must be received in Act of 1990; Executive Order 12898 perception and use of urban forests writing on or before April 19, 2005, to (1994) relating to environmental justice; provides a vital link between urban be assured of consideration. Comments and the National Environmental Policy constituents and communities and the received after that date will be Act of 1969. Forest Service. Research questions focus considered to the extent practicable. The study area for this information on: collection is located within the city of ADDRESSES: Comments concerning this 1. The perceptions Hispanics have of Gainesville, Georgia. Gainesville has a notice should be addressed to Cassandra trees and other green space outside their population of approximately 25,000 and homes; Johnson, Forestry Sciences Laboratory, is located in Hall County with a Forest Service, USDA, 320 Green St., 2. The kinds of trees Hispanics prefer, population of 156,000 in northeast such as oak, pine, sycamore; Athens, GA 30602–2044. Georgia. In 2000, Hispanics accounted Comments also may be submitted to 3. The ways Hispanics use yard space; for about 20 percent of the Hall County Cassandra Johnson via facsimile to (706) and population and 33 percent of 4. The perceptions Hispanics have of 559–4266 or by e-mail to Gainesville’s population. The trees and other green space in their [email protected]. population of interest for this The public may inspect comments neighborhoods. information collection is Hispanic Urban and community forest received at the Forestry Sciences residents who live within Census Tract advocates nationwide have established Laboratory, Forest Service, USDA, 320 11, located within the city of the following goals with respect to Green St., Athens, Georgia, during Gainesville. This area encompasses 3.70 increasing involvement of ethnic and normal business hours. Visitors are square miles. Residential areas in racial minorities and underserved encouraged to call ahead to (706) 559– Census Tract 11 include apartment populations in Urban and Community 4222 to facilitate entry to the building. complexes and single family homes. Forestry programs: FOR FURTHER INFORMATION CONTACT: The total population for Census Tract • Educate minority sectors in the care Cassandra Johnson, Forestry Sciences 11 is 9,170, of which 6,307 are Hispanic. and stewardship of urban forests where Laboratory, at (706) 559–4270. This census tract was chosen because of they live, work, and play. Individuals who use telecommunication the high proportion (68.8 percent) of • Create a strong network of minority devices for the deaf (TDD) may call the Hispanic residents. The proportion of communities, non-profit organizations, Federal Relay Service (FRS) at 1–800– Hispanics over 18 in the census tract is Federal agencies, and private industries 877–8339 twenty-four hours a day, 64 percent. Fifty-eight percent of the to better target the needs of these every day of the year, including residents are foreign-born. The majority communities. holidays. of the foreign-born population within • Provide educational and career SUPPLEMENTARY INFORMATION: this census tract came to the United opportunity information to low income Title: Hispanic Perceptions and Uses States between 1990 and 2000. Census and chronically disadvantaged groups of the Urban Forest. Tract 11 contains 5 census Block in the area of urban and community OMB Number: 0596–New. Groups. The proportion of Hispanics in forestry. Expiration Date of Approval: N/A. each of these block groups ranges from • Discuss and document strategies by Type of Request: New. 35 to 84 percent. which urban and community forestry Abstract: Within the past 20 years, This study will provide both basic programs can increase the quality of life Hispanics have either immigrated or and applied research for the Forest in minority communities. migrated to the southeastern United Service’s Urban and Community The first phase of the data collection States, excluding Florida, in Forestry program. Results will enable will involve interviews with a key unprecedented numbers. In the 10-year the Forest Service to better understand community contact from the Hispanic period from 1990 to 2000, the Hispanic the types of tree coverage and green community in Gainesville. A graduate population of Hall County in northeast spaces preferred by recent Hispanic student from the University of Georgia Georgia increased by almost 5 times, immigrants and migrants to Gainesville, Department of Geography will work from 4 percent in 1990 to 19.6 percent Georgia. Little information exists on the with Forest Service research personnel in 2000. Recent studies have examined environmental preferences of racial and to interview this individual. The key Hispanic employment, housing, and ethnic minorities in urban areas contact will be familiar with the education in parts of the South where regarding preferences for tree coverage, lifestyle, socioeconomic, employment, Hispanics are relatively new arrivals; layout, and design. Urban foresters have and educational status of Hispanics in however, there are virtually no made specific requests for information Gainesville. investigations of Hispanic interactions about urban, ethnic populations in The second phase of the data with urban green spaces in this area. Georgia and how urban forests are collection will involve a random sample Hispanic use of outdoor environments perceived. of Hispanic residents from Census Tract in the South is an important The proposed study relates to the 11. This data collection consists of one- consideration for the Forest Service Forest Service’s national Urban and on-one, face-to-face interviews with because of the impact of a growing Community Forestry program (U&CF) randomly selected Hispanic residents population on the region’s finite natural which focuses on community from Census Tract 11. Residents 18 and resources. Urbanization, propelled by an involvement with the urban forest. The over will be asked to respond to the increase in the population, is one of the U&CF program provides funding for survey. The interviews will take place at most significant contributors to forest community cost-share grants, state the respondent’s home or at a location
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8340 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
agreed upon by the interviewer and the will be drafted to report the more DEPARTMENT OF AGRICULTURE respondent. significant methodological or theoretical A list of potential respondent findings. Forest Service addresses and telephone numbers will If the information proposed herein is Eastern Idaho Resource Advisory be purchased from Survey Sampling, not collected, data concerning Hispanic Inc. located in Fairfield, Connecticut. Committee Caribou-Targhee National perception and use of the urban forest Forest, Idaho Falls, ID The key community contact will will not be available to the Forest publicize the information collection Service. The resources specified in this AGENCY: Forest Service, USDA. through his or her contacts in the proposal are not federally managed. ACTION: Notice of meeting. community and via word of mouth. However, federal resources and Interviewers will send letters to programs provide partial support for SUMMARY: Pursuant to the authorities in potential respondents explaining the their continuance. the Federal Advisory Committee Act survey and the dates on which the (Pub. L. 92–463) and under the Secure The agency is committed to interviewer will conduct field Rural Schools and Community Self- encouraging more participation in tree interviews. Follow-up phone calls will Determination Act of 2000 (Pub. L. 106– stewardship by urban communities, be made to help ensure potential 393) the Caribou-Targhee National including minority and ethnically respondents are aware of the Forests’ Eastern Idaho Resource diverse populations. In order to achieve information collection and the dates on Advisory Committee will meet which the interviewer will conduct the this goal, the agency must have better Thursday, March 29, 2005 in Idaho Falls survey. The survey instrument will be information on how specific groups for a business meeting. The meeting is translated into Spanish. Respondents interact with the urban forest. open to the public. will have a choice of responding in Estimate of Annual Burden: 15 DATES: The business meeting will be Spanish or English. The graduate minutes. held on March 29, 2005 from 10 a.m. to student interviewer is fluent in both Type of Respondents: Hispanic 2 p.m. English and Spanish. The number of respondents residents in Gainesville, Georgia. ADDRESSES: The meeting location is the comprising the sample size is based on Estimated Annual Number of Caribou-Targhee National Forest an estimate of the Hispanic population Respondents: 300. Headquarters Office, 1405 Hollipark Drive, Idaho Falls, Idaho 83402. in Gainesville. Based on census figures, Estimated Annual Number of we know that approximately 64 percent Responses per Respondent: 1. FOR FURTHER INFORMATION CONTACT: Jerry of the population is comprised of Reese, Caribou-Targhee National Forest Estimated Total Annual Burden on Hispanics 18 years of age or older. The Supervisor and Designated Federal Respondents: 75 hours. sample size calculation assumes a 5 Officer, at (208) 524–7500. percent margin of error and the 95 Comment is invited on: (1) Whether SUPPLEMENTARY INFORMATION: The percent confidence level. Sample size is this collection of information is business meeting on March 29, 2005, based on the following equation: necessary for the stated purposes and begins at 10 a.m., at the Caribou-Targhee n = 4P*Q/.0025 the proper performance of the functions National Forest Headquarters Office, Where n = sample size, P = proportion of the agency, including whether the 1405 Hollipark Drive, Idaho Falls, of population with the characteristic, information will have practical or Idaho. Agenda topics will include i.e., percent Hispanic; Q = proportion of scientific utility; (2) the accuracy of the listening to presentations from those population without the characteristic, agency’s estimate of the burden of the projects who have been invited back for i.e., not Hispanic. The sample size is collection of information, including the the second round of project proposals calculated at 368 (n = 4*.64*.36/.0025). validity of the methodology and for the 2005 fiscal year and making a The resulting calculation is rounded assumptions used; (3) ways to enhance decision on projects to fund. the quality, utility, and clarity of the down to 300 because of logistical Dated: February 11, 2005. information to be collected; and (4) limitations associated with collecting Jerry B. Reese, door-to-door interviews. ways to minimize the burden of the collection of information on Caribou-Targhee Forest Supervisor. Forest Service managers would use [FR Doc. 05–3135 Filed 2–17–05; 8:45 am] this information to develop outreach respondents, including the use of strategies designed to encourage greater automated, electronic, mechanical, or BILLING CODE 3410–11–M Hispanic participation in urban forest other technological collection stewardship. Specifically, this involves techniques or other forms of information developing programs to promote technology. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR volunteerism and community Use of Comments participation. In cooperation with state SEVERELY DISABLED All comments received in response to forestry agencies and municipal parks Procurement List; Proposed Additions agencies, the Forest Service will provide this notice, including names and technical advice to communities to addresses when provided, will be a AGENCY: Committee for Purchase from ensure that urban green projects are matter of public record. Comments will People Who Are Blind or Severely environmentally feasible. be summarized and included in the Disabled. Tabulation and analysis of the submission requesting Office of ACTION: Proposed additions to quantitative data will be performed by Management and Budget approval. procurement list. researchers with the Forest Service in Dated: January 25, 2005. Athens, Georgia, and the University of SUMMARY: The Committee is proposing Georgia geography department. Ann M. Bartuska, to add to the Procurement List products Statistical analyses include means Deputy Chief for Research & Development. to be furnished by nonprofit agencies difference tests, Chi-square tests, and [FR Doc. 05–3123 Filed 2–17–05; 8:45 am] employing persons who are blind or multivariate regression. Journal articles BILLING CODE 3410–11–P have other severe disabilities.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8341
COMMENTS MUST BE RECEIVED ON OR the objectives of the Javits-Wagner- 7520–00–WIM–1472 BEFORE: March 20, 2005. O’Day Act (41 U.S.C. 46–48c) in Product/NSN: Pencil, Metallic Foil, Imprint, ADDRESSES: Committee for Purchase connection with the products proposed Navy 7510–00–NIB–0525 From People Who Are Blind or Severely for addition to the Procurement List. Product/NSN: Planner 7510–00–WIM–0552 Comments on this certification are Product/NSN: Polo Shirts 8415–00–NIB– Disabled, Jefferson Plaza 2, Suite 10800, 0159 1421 Jefferson Davis Highway, invited. Commenters should identify the Product/NSN: Polo Shirts 8415–00–NIB– Arlington, Virginia, 22202–3259. 0160 FOR FURTHER INFORMATION OR TO SUBMIT statement(s) underlying the certification Product/NSN: Polo Shirts 8415–00–NIB– COMMENTS CONTACT: Sheryl D. Kennerly, on which they are providing additional 0161 Telephone: (703) 603–7740, Fax: (703) information. Product/NSN: Polo Shirts 8415–00–NIB– 603–0655, or e-mail End of Certification 0162 [email protected]. Product/NSN: Polo Shirts 8415–00–WIM– The following products are proposed 0170 SUPPLEMENTARY INFORMATION: This for addition to Procurement List for Product/NSN: Polo Shirts 8415–00–WIM– requirement was originally added to the production by the nonprofit agencies 0171 Procurement List on April 21, 2000 (65 listed: Product/NSN: Retractable Badge Holder FR 21396) as Customization and 8145–00–WIM–0020 Products Distribution of Navy Recruiting Product/NSN: Rulers 9905–00–WIM–0090 Promotional Merchandise,’’ a service Product: Navy Promotional Recruiting Product/NSN: Rulers 9905–00–WIM–0095 requirement covering the entire Materials Product/NSN: Slingbag 8465–00–WIM–0070 Product/NSN: Ball Caps promotional material needs of the Product/NSN: Stress Baseball 7830–00–NIB– 8405–00–WIM–0175 0006 Commander, Naval Recruiting Product/NSN: Ball Caps Command. In 2004, the Navy advised Product/NSN: Stress Basketball 7830–00– 8405–00–WIM–0176 NIB–0005 the Committee that its requirement for Product/NSN: Ball Caps Product/NSN: Stress Football 7830–00–NIB– 8405–00–WIM–0177 such items will be purchased as 0002 Product/NSN: Beverage Can Cooler products in the future, and requested Product/NSN: Sunglasses 8465–00–NIB–0067 7830–00–WIM–0010 that the Committee initiate the Product/NSN: T-Shirts 8415–00–NIB–0139 appropriate administrative process to Product/NSN: Beverage Can Cooler 7830–00–WIM–0012 Product/NSN: T-Shirts 8415–00–NIB–0140 maintain the entire requirement on the Product/NSN: Coins Product/NSN: T-Shirts 8415–00–NIB–0157 Procurement List. This requirement, in 8145–00–NIB–0013 Product/NSN: T-Shirts 8415–00–NIB–0158 its current form, consists of the items Product/NSN: Coins Product/NSN: T–Shirts specifically listed below. As the Navy’s 8145–00–NIB–0014 8415–00–WIM–0165 entire requirement for recruiting and Product/NSN: Flashlight Product/NSN: T–Shirts promotional materials remains on the 7830–00–WIM–0008 8415–00–WIM–0166 Procurement List, any changes to the list Product/NSN: Flashlight Product/NSN: T–Shirts 8415–00–WIM–0167 below will be considered replacement 7830–00–WIM–0011 Product/NSN: Flyer Product/NSN: T–Shirts items under the Committee’s regulations 7830–00–NIB–0001 8415–00–WIM–0168 at 41 CFR 51–6.13. Product/NSN: Golf Balls Product/NSN: Table Cloth This notice is published pursuant to 7830–00–NIB–0007 8460–00–WIM–0004 41 U.S.C 47(a)(2) and 41 CFR 51–2.3. Its Product/NSN: Lanyards Product/NSN: Temporary Tattoos purpose is to provide interested persons 5340–00–WIM–0076 9905–00–WIM–0091 an opportunity to submit comments on Product/NSN: Lanyards Product/NSN: Temporary Tattoos the proposed actions. If the Committee 5340–00–WIM–0077 9905–00–WIM–0092 approves the proposed additions, the Product/NSN: Lanyards Product/NSN: Travel mug entities of the Federal Government 5340–00–WIM–0078 7350–00–NIB–0147 Product/NSN: Lanyards Product/NSN: Travel mug identified in the notice for each product 5340–00–WIM–0079 or service will be required to procure 7350–00–WIM–0149 Product/NSN: Lapel Pin Product/NSN: Travel mug the products listed below from 8145–00–WIM–0101 7350–00–WIM–0150 nonprofit agencies employing persons Product/NSN: Luggage Tag Product/NSN: Travel mug who are blind or have other severe 9905–00–NIB–0088 7350–00–WIM–0151 disabilities. Product/NSN: Luggage Tag Product/NSN: Tumbler 9905–00–NIB–0089 8125–00–NIB–0007 Regulatory Flexibility Act Certification Product/NSN: Mini Pouch w/Ear Plugs Product/NSN: Water Bottle 8145–00–WIM–0025 I certify that the following action will 8125–00–NIB–0006 Product/NSN: Mini Pouch w/Ear Plugs Product/NSN: Zipper Jacket and Jogging not have a significant impact on a 8145–00–WIM–0026 substantial number of small entities. Product/NSN: Mouse Pad, Computer Pants The major factors considered for this 7045–00–NIB–0170 8415–00–NIB–0141 certification were: Product/NSN: Pack, Personal Gear Product/NSN: Zipper Jacket and Jogging 1. If approved, the action will not 8465–00–NIB–0057 Pants result in any additional reporting, Product/NSN: Pen, Cushion Grip, 8415–00–NIB–0142 recordkeeping or other compliance Transparent Product/NSN: Zipper Jacket and Jogging Pants requirements for small entities other 7520–00–WIM–1545 8415–00–NIB–0143 than the small organizations that will Product/NSN: Pen, Cushion Grip, Transparent Product/NSN: Zipper Jacket and Jogging furnish the products to the Government. 7520–00–WIM–1550 Pants 2. If approved, the action will result Product/NSN: Pen, Executive, Twist 8415–00–NIB–0144 in authorizing small entities to furnish Retractable NPA: Industries for the Blind, Inc., the products to the Government. 7520–00–WIM–1471 Milwaukee, Wisconsin. 3. There are no known regulatory Product/NSN: Pen, Executive, Twist Contracting Activity: Fleet and Industrial alternatives which would accomplish Retractable Supply Center, Philadelphia,
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8342 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Pennsylvania. 2. The action will result in End of Certification Sheryl D. Kennerly, authorizing small entities to furnish the Accordingly, the following service is services to the Government. Director, Information Management. deleted from the Procurement List: 3. There are no known regulatory [FR Doc. 05–3173 Filed 2–17–05; 8:45 am] Service alternatives which would accomplish BILLING CODE 6353–01–P the objectives of the Javits-Wagner- Service Type/Location: Janitorial/Custodial, O’Day Act (41 U.S.C. 46–48c) in Department of Agriculture, Animal & Plant Health Inspection Services, COMMITTEE FOR PURCHASE FROM connection with the services proposed (APHIS), Orlando, Florida. PEOPLE WHO ARE BLIND OR for addition to the Procurement List. NPA: Lakeview Center, Inc., Pensacola, SEVERELY DISABLED End of Certification Florida. Contracting Activity: Animal & Plant Health Procurement List; Additions and Accordingly, the following services Inspection Service, Minneapolis, Deletion are added to the Procurement List: Minnesota. AGENCY: Committee for Purchase from Services Sheryl D. Kennerly, People Who Are Blind or Severely Service Type/Location: Custodial Services, Director, Information Management. Disabled. Charles E. Bennett Federal Building, 400 [FR Doc. 05–3174 Filed 2–17–05; 8:45 am] W. Bay Street, Jacksonville, Florida. ACTION: BILLING CODE 6353–01–P Additions to and deletions from NPA: CCAR Services, Inc., Green Cove Procurement List. Springs, Florida. SUMMARY: This action adds to the Contracting Activity: GSA, Property Management Center (4PMB), Atlanta, DEPARTMENT OF COMMERCE Procurement List services to be Georgia. furnished by nonprofit agencies Bureau of Industry and Security employing persons who are blind or Service Type/Location: Facilities Maintenance, Buckley Annex and have other severe disabilities, and Building 667, Buckley AFB, Colorado. Regulations and Procedures Technical deletes from the Procurement List a NPA: Professional Contract Services, Inc., Advisory Committee; Notice of service previously furnished by such Austin, Texas. Partially Closed Meeting agencies. Contracting Activity: 460th Air Base Wing, The Regulations and Procedures EFFECTIVE DATE: March 20, 2005. Buckley AFB, Colorado. Service Type/Location: Water Blasting, Technical Advisory Committee (RPTAC) ADDRESSES: Committee for Purchase will meet March 8, 2005, 9 a.m., Room From People Who Are Blind or Severely Various U.S Military Locations—Guam, Marianas, Guam. 3884, in the Herbert C. Hoover Building, Disabled, Jefferson Plaza 2, Suite 10800, NPA: Able Industries of the Pacific, 14th Street between Constitution and 1421 Jefferson Davis Highway, Tamuning, Guam. Pennsylvania Avenues, NW., Arlington, Virginia, 22202–3259. Contracting Activity: Officer in Charge of Washington, DC. The Committee FOR FURTHER INFORMATION CONTACT: Construction—FSSC, Guam. advises the Office of the Assistant Sheryl D. Kennerly, telephone: (703) Deletion Secretary for Export Administration on 603–7740, Fax: (703) 603–0655, or e- implementation of the Export mail [email protected]. On November 26, 2004, the Administration Regulations (EAR) and SUPPLEMENTARY INFORMATION: Committee for Purchase From People provides for continuing review to Who Are Blind or Severely Disabled update the EAR as needed. Additions published notice (69 FR 68875) of On December 17, 2004, the Committee proposed deletions to the Procurement Agenda for Purchase From People Who Are List. After consideration of the relevant Public Session Blind or Severely Disabled published matter presented, the Committee has notice (69 FR 75507) of proposed determined that the service listed below 1. Opening remarks by the Chairman. 2. Presentation of papers or comments additions to the Procurement List. are no longer suitable for procurement by the public. After consideration of the material by the Federal Government under 41 3. Update on Export Administration presented to it concerning capability of U.S.C. 46–48c and 41 CFR 51–2.4. qualified nonprofit agencies to provide Regulations. the services and impact of the additions Regulatory Flexibility Act Certification 4. Review of interim rule on expansion of missile-related end-use/ on the current or most recent I certify that the following action will user controls. contractors, the Committee has not have a significant impact on a 5. Update on proposed rule on determined that the services listed substantial number of small entities. ‘‘knowledge’’, ‘‘red flags’’, and ‘‘safe below are suitable for procurement by The major factors considered for this harbor’’. the Federal Government under 41 U.S.C. certification were: 46–48c and 41 CFR 51–2.4. 6. Update on computer and 1. The action may result in additional microprocessor technology controls. Regulatory Flexibility Act Certification reporting, recordkeeping or other 7. Update on encryption controls. I certify that the following action will compliance requirements for small 8. Update on country group revision not have a significant impact on a entities. project. substantial number of small entities. 2. The action may result in 9. Update on Excluded Parties Listing The major factors considered for this authorizing small entities to furnish the System (EPLS) project. certification were: service to the Government. 10. Update on Automated Export 1. The action will not result in any 3. There are no known regulatory System (AES). additional reporting, recordkeeping or alternatives which would accomplish 11. Update on Office of Export other compliance requirements for small the objectives of the Javits-Wagner- Enforcement initiatives. entities other than the small O’Day Act (41 U.S.C. 46–48c) in 12. Presentation on Export organizations that will furnish the connection with the service deleted Management and Compliance Program services to the Government. from the Procurement List. CD.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8343
13. Reports from working groups. Countervailing Duty Administrative written description of the scope of this Reviews, 69 FR 67701 (November 19, order is dispositive. Closed Session 2004). As a result of a timely Rescission of Review 14. Discussion of matters determined withdrawal of the request for review by to be exempt from the provisions the Canadian Wheat Board, we are The Department’s regulations at 19 relating to public meetings found in 5 rescinding this review. CFR 351.213(d)(1) provide that the U.S.C. appl. 2, 10(a)(1) and 10(a)(3). Department will rescind an EFFECTIVE DATE: February 18, 2005. A limited number of seats will be administrative review if a party that available for the public session. FOR FURTHER INFORMATION CONTACT: requested a review withdraws the Reservations are not accepted. To the Audrey Twyman or Stephen Cho, AD/ request within 90 days of the date of extent that time permits, members of the CVD Operations, Office 1, Import publication of the notice of initiation of public may present oral statements to Administration, U.S. Department of the requested review. The CWB the Committee. The public may submit Commerce, 14th Street and Constitution withdrew its request for an written statements at any time before or Avenue, NW, Washington, DC 20230; administrative review on February 8, after the meeting. However, to facilitate telephone (202) 482–3534 and 202–482– 2005, which is within the 90–day the distribution of public presentation 3798, respectively. deadline. No other party requested a materials to the Committee members, SUPPLEMENTARY INFORMATION: review of this order. Therefore, the the Committee suggests that presenters Department is rescinding this forward the public presentation Background administrative review. materials prior to the meeting to Ms. Lee On October 23, 2003, the Department This notice also serves as a reminder Ann Carpenter at [email protected]. of Commerce (‘‘the Department’’) to parties subject to administrative The Assistant Secretary for published a countervailing duty order protective order (‘‘APO’’) of their Administration, with the concurrence of on hard red spring wheat (‘‘HRSW’’) responsibility concerning the the delegate of the General Counsel, from Canada. See Notice of disposition of proprietary information formally determined on February 14, Countervailing Duty Order: Hard Red disclosed under APO in accordance 2005, pursuant to section 10(d) of the Spring Wheat from Canada, 68 FR with 19 CFR 351.305(a)(3). Timely Federal Advisory Committee act, as 60642 (October 23, 2003). On October written notification of the return or amended (5 U.S.C. app. 2, (10)(d)), that 29, 2004, the Canadian Wheat Board destruction of APO materials or the portion of the meeting dealing with (‘‘CWB’’) requested an administrative conversion to judicial protective order is matters the disclosure of which would review of the countervailing duty order hereby requested. Failure to comply be likely to frustrate significantly on HRSW from Canada covering the with the regulations and the terms of an implementation of an agency action as period March 10, 2003, through APO is a sanctionable violation. This notice is issued and published in described in 5 U.S.C. 552b(c)(9)(B) shall December 31, 2003. In accordance with accordance with 19 CFR 351.213(d)(4). be exempt from the provisions relating 19 CFR 351.221(c)(1)(i), we published a to public meetings found in 5 U.S.C. notice of initiation of the review on Dated: February 14, 2005. app. 2, 10(a)1 and 10(a)(3). November 19, 2004. See Initiation of Barbara E. Tillman, The remaining portions of the meeting Antidumping and Countervailing Duty Acting Deputy Assistant Secretary for Import will be open to the public. For more Administrative Reviews, 69 FR 67701 Administration. information, call Lee Ann Carpenter at (November 19, 2004). On February 8, [FR Doc. E5–668 Filed 2–17–05; 8:45 am] (202) 482–2583. 2005, the CWB withdrew its request for BILLING CODE: 3510–DS–S Dated: February 15, 2005. review. Lee Ann Carpenter, Scope of the Countervailing Duty Order DEPARTMENT OF COMMERCE Committee Liaison Officer. Imports covered by this order are all [FR Doc. 05–3193 Filed 2–17–05; 8:45 am] International Trade Administration BILLING CODE 3510–JT–M varieties of HRSW from Canada. This includes, but is not limited to, varieties International Industry Symposium at commonly referred to as Canada 3Rs Initiative Ministerial Conference DEPARTMENT OF COMMERCE Western Red Spring, Canada Western (Reduce Waste, Reuse and Recycle); Extra Strong, and Canada Prairie Spring Notice of Opportunity for Participation International Trade Administration Red. The merchandise subject to this order is currently classifiable under the SUMMARY: The Deputy Assistant [C–122–848] following Harmonized Tariff Schedule Secretary for Manufacturing at the Department of Commerce will host an Hard Red Spring Wheat From Canada: of the United States (‘‘HTSUS’’) informational meeting on March 2, 2005 Notice of Rescission of Countervailing subheadings: 1001.90.10.00, regarding the 3Rs International Industry Duty Administrative Review 1001.90.20.05, 1001.90.20.11, 1001.90.20.12, 1001.90.20.13, Symposium to be hosted by the AGENCY: Import Administration, 1001.90.20.14, 1001.90.20.16, Government of Japan in Tokyo on April International Trade Administration, 1001.90.20.19, 1001.90.20.21, 28, 2005. The 3Rs Initiative (Reduce Department of Commerce. 1001.90.20.22, 1001.90.20.23, waste, Reuse and Recycle) was SUMMARY: In response to a request made 1001.90.20.24, 1001.90.20.26, introduced by the Government of Japan on October 29, 2004, by the Canadian 1001.90.20.29, 1001.90.20.35, and and supported by the U.S. at the 2004 Wheat Board, the Department of 1001.90.20.96. This order does not cover G8 summit in Sea Island, Georgia. Commerce initiated an administrative imports of wheat that enter under the DATES: March 2, 2005—2 p.m.–3:30 review of the countervailing duty order subheadings 1001.90.10.00 and p.m.: Department of Commerce 3Rs on hard red spring wheat from Canada, 1001.90.20.96 that are not classifiable as International Industry Symposium covering the period March 10, 2003, HRSW. Although the HTSUS Meeting, Department of Commerce through December 31, 2003. See subheadings are provided for Building, 1401 Constitution Ave., NW., Initiation of Antidumping and convenience and customs purposes, our Room 1412, Washington, DC 20230.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8344 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
April 28, 2005—International How should we inspire the interest of DEPARTMENT OF COMMERCE Industry Symposium, Tokyo, Japan. consumers in the 3Rs activities of the ADDRESSES: Please send indications of business sector? National Institute of Standards and interest to attend the 3Rs International Track B: EcoDesign. Topics to be Technology Industry Symposium, and the DOC 3Rs addressed: Visiting Committee on Advanced Meeting by facsimile or e-mail by March The industrial best practices of Technology 1, 2005 to Sarah E. Aker, EcoDesign. [email protected], Office of the AGENCY: National Institute of Standards Deputy Assistant Secretary for EcoDesign for sustainable and Technology, Department of Manufacturing, Department of development. Commerce. Commerce, Room 2132, 1401 Prospective tools for enhancing ACTION: Notice of partially closed Constitution Ave, Washington, DC EcoDesign policy (simulator for meeting. 20230, Phone: (202) 482–4073, Fax: sustainable development). (202) 482–0856. Please include your Track C: Building an international SUMMARY: Pursuant to the Federal name, phone number, and organization logistics network for recycling. Topics Advisory Committee Act, 5 U.S.C. app. affiliation. to be addressed: 2, notice is hereby given that the SUPPLEMENTARY INFORMATION: The U.S. Visiting Committee on Advanced Horizontal share of economic Technology (VCAT), National Institute Department of Commerce Office of activities and international recycling. Manufacturing, and the 3Rs Interagency of Standards and Technology (NIST), Balance between maximizing group is announcing the opportunity to will meet Tuesday, March 15, 2005, international resource utilization and attend the International Industry from 8:20 a.m. to 5 p.m. The Visiting protecting the environment. Symposium on the 3Rs Initiative on Committee on Advanced Technology is April 28, 2005 in Tokyo, Japan. The 3Rs Challenges to logistics network for composed of fifteen members appointed Initiative (Reduce waste, Reuse and international recycling in respect of by the Director of NIST; who are Recycle) was introduced by the logistics costs. eminent in such fields as business, Government of Japan and supported by Challenges to logistics network for research, new product development, the U.S. at the 2004 G8 summit in Sea international recycling in respect of engineering, labor, education, Island, Georgia. regulation of logistics. management consulting, environment, and international relations. The purpose It was further agreed at Sea Island that Proper control of recyclable materials. Japan would host a Ministerial level of this meeting is to review and make conference that will take place April The White House Council on recommendations regarding general 29–30, 2005 in Tokyo, Japan to formally Environmental Quality (CEQ), which is policy for the Institute, its organization, launch the initiative. On April 28, 2005 leading the interagency effort, and its budget, and its programs within the as a side event to the ministerial Joseph H. Bogosian, the Deputy framework of applicable national meeting, the Organization for the Assistant Secretary for Manufacturing at policies as set forth by the President and Promotion of Sustainable Society the U.S. Department of Commerce, the Congress. The agenda will include (OPSS) and the United Nations would like to solicit interest by March updates on NIST’s activities and University will hold an International 15, 2005 from stakeholders who would facilities, a review of findings from Industry Symposium on the 3Rs like to attend the International Industry NIST’s investigation of the World Trade Initiative for industry representatives Symposium on April 28 in Tokyo, Japan Center disaster, and two laboratory under the auspices of the Ministry of in order to pass on the preliminary list tours. Discussions scheduled to begin at Economy, Trade and Industry (METI) of interested attendees to the 8:20 a.m. and to end at 9:20 a.m. and to and other relevant ministries. The Government of Japan. begin at 2:30 p.m. and to end at 5 p.m. industry meeting will provide a Private Sector members are fully on March 15, on the NIST budget, discussion opportunity for those who responsible for travel, lodging, and planning information and feedback are interested in developing the 3Rs, personal expenses associated with their sessions will be closed. Agenda may and the outcome of the symposium will participation in this event. They will change to accommodate Committee be reported to the Ministerial meeting. receive no compensation. The private business. The final agenda will be The Department of Commerce seeks the sector members will present the views posted on the NIST Web site. All views and input of individual attendees, and interests of the particular business visitors to the National Institute of and not group or consensus advice. sector in which they operate; private Standards and Technology site will The tentative program for the sector members are not special have to pre-register to be admitted. International Symposium on the 3Rs government employees. Please submit your name, time of arrival, email address and phone Initiative as provided by the FOR FURTHER INFORMATION: Please Government of Japan (http:// number to Carolyn Peters no later than contact Sarah E. Aker, Office of the Thursday, March 10, and she will www.env.go.jp/earth/3r/en/index.html) Deputy Assistant Secretary for is as follows: provide you with instructions for Manufacturing, Department of admittance. Mrs. Peter’s email address Track A: Challenges to talking on Commerce, Room 2132, 1401 business activities in the 3Rs system. is [email protected] and her Constitution Ave, Washington, DC phone number is (301) 975–5607. Topics to be addressed: 20230 [email protected], DATES: The meeting will convene on How has the business sector Phone: (202) 482–4073. contributed to building the 3Rs system? March 15 at 8:20 a.m. and will adjourn What kinds of technological Dated: February 14, 2005. at 5 p.m. developments should be conducted in Sarah E. Aker, ADDRESSES: The meeting will be held in enhancing the 3Rs system? Special Assistant, Office of the Deputy the Employees Lounge, Administration Are there any institutional factors Assistant Secretary for Manufacturing. Building, at NIST, Gaithersburg, obstructing technological development [FR Doc. 05–3304 Filed 2–17–05; 8:45 am] Maryland. Please note admittance in enhancing the 3Rs system? BILLING CODE 3510–DR–P instructions under SUMMARY paragraph.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8345
FOR FURTHER INFORMATION CONTACT: 10:30 a.m.–12 p.m.–Receive the Reef Tuesday, March 8, 2005 Carolyn J. Peters, Visiting Committee on Fish Management Committee report. 8:30 a.m.–9:30 a.m.–The Joint Reef Advanced Technology, National 1:30 p.m.–2 p.m.–Receive the Shrimp Fish/Mackerel/Red Drum Management Institute of Standards and Technology, Management Committee report. Committees will review an Options Gaithersburg, Maryland 20899–1000, 2 p.m.–2:30 p.m.–Receive the Joint Paper for a Generic Offshore telephone number (301) 975–5607. Reef Fish/Mackerel/Red Drum Aquaculture Amendment. The SUPPLEMENTARY INFORMATION: The Management Committee Report. Committees will then hear a status Assistant Secretary for Administration, 2:30 p.m.–3 p.m.–Receive the report on a Draft Generic Amendment with the concurrence of the General Administrative Policy Committee for Extension of the Charter Vessel Counsel, formally determined on Report. Permit Moratorium. The Committees December 27, 2004, that portions of the 3 p.m.–3:30 p.m.–Receive the will also discuss SEDAR Assessments meeting of the Visiting Committee on Sustainable Fisheries/Ecosystem for 2009 & 2010 and hear SEDAR Advanced Technology which deal with Committee Report. Assessment Updates. discussion of sensitive budget and 3:30 p.m.– 4 p.m.–Receive the 9:30 a.m.–11 a.m.–The Administrative planning information that would cause Migratory Species Committee Report. Policy Committee will meet to hear cost harm to third parties if publicly shared 4 p.m.–5 p.m.–Receive the AP and budget analyses for video/ be closed in accordance with Section Selection Committee Report (CLOSED teleconferencing of future meetings. The 10(d) of the Federal Advisory SESSION). Committee will also hear a proposal on Committee Act, 5 U.S.C. app. 2. 5 p.m.–5:30 p.m.–Receive the SSC Intranet use at meetings and discuss Selection Committee Report (CLOSED incorporation of the Family Medical Dated: February 15, 2005. SESSION). Hratch G. Semerjian, Leave Act (FMLA) standards. Acting Director. Thursday, March 10, 2005 12:30 p.m.–2 p.m.–The Migratory Species Committee will meet to review [FR Doc. 05–3172 Filed 2–17–05; 8:45 am] 8:30 a.m.–8:45 a.m.–Receive the AP scoping comments on Highly Migratory BILLING CODE 3510–13–P Selection Committee Report. Species (HMS) Amendment 2 after 8:45 a.m.–9 a.m.–Receive the SSC hearing a presentation by Russ Dunn. Selection Committee Report. 2 p.m.–3:30 p.m.–The Sustainable DEPARTMENT OF COMMERCE 9 a.m.–9:15 a.m.–Receive the Fisheries/Ecosystem Committee will Honolulu Meeting Report. hear a report on the Ecosystem National Oceanic and Atmospheric 9:15 a.m.–9:30 a.m.–Receive Scientific Meeting. The Committee will Administration Enforcement Reports. also review plans for tasks to be 9:30 a.m.–9:45 a.m.–Receive the [I.D. 021405D] completed under the Ecosystem NMFS Regional Administrator’s report. Cooperative Agreement. Gulf of Mexico Fishery Management 9:45 a.m.–10:15 a.m.–Receive 3:30 p.m.–5:30 p.m.–The Shrimp Council; Public Meetings Director’s Reports. Management Committee will meet 10:15 a.m.–10:30 a.m.–Other AGENCY: jointly with the Standing and Special National Marine Fisheries Business. Service (NMFS), National Oceanic and Shrimp SSCs to review the Atmospheric Administration (NOAA), Committee Socioeconomic Panel (SEP) report and public comments on Final Shrimp Commerce. Monday, March 7, 2005 ACTION: Notice of public meeting. Amendment 13 which addresses limited 8 a.m.–10 a.m.–The Advisory Panel access in the shrimp fishery in order to SUMMARY: The Gulf of Mexico Fishery (AP) Selection Committee will meet in make recommendations to Council. The Management Council will convene closed session to appoint AP members. Shrimp Management Committee will public meetings. 10 a.m.–11:30 a.m–The Scientific and then discuss Shrimp Amendment 14. DATES: The meetings will be held March Statistical (SSC) Selection Committee Although other non-emergency issues 7–10, 2005. will meet in closed session to appoint not on the agendas may come before the ADDRESSES: These meetings will be held SSC members. Council and Committees for discussion, at The Wynfrey Hotel, 1000 Riverchase 1 p.m.–5:30 p.m.–The Reef Fish in accordance with the Magnuson- Galleria, Birmingham, Alabama. Management Committee will meet to Stevens Fishery Conservation and Council address: Gulf of Mexico review Draft Reef Fish Amendment 18A, Management Act, those issues may not Fishery Management Council, 3018 which addresses the grouper fishery. be the subject of formal action during North U.S. Highway 301, Suite 1000, The Committee will review a revised these meetings. Actions of the Council Tampa, FL 33619. draft of a red grouper regulatory and Committees will be restricted to amendment providing for commercial those issues specifically identified in FOR FURTHER INFORMATION CONTACT: vessel trip limits and a revised total the agendas and any issues arising after Wayne E. Swingle, Executive Director, allowable catch (TAC). The Committee publication of this notice that require Gulf of Mexico Fishery Management will then discuss an Options Paper for emergency action under Section 305(c) Council; telephone: 813.228.2815. Reef Fish Amendment 26 (Red Snapper of the Magnuson-Stevens Act, provided Council IFQ). The Committee will also review a the public has been notified of the biological opinion on the effect of the Council’s intent to take action to Wednesday, March 9, 2005 Gulf reef fish fishery, proposed by address the emergency. The established 8:30 a.m. Convene. NMFS, under the Endangered Species times for addressing items on the 8:45 a.m.–10 a.m.–Receive public Act. The Committee will discuss agenda may be adjusted as necessary to testimony on (a) Final Shrimp updated greater amberjack analyses and accommodate the timely completion of Amendment 13/EA and (b) Exempted alternatives for reducing greater discussion relevant to the agenda items. fishing permits (if any). amberjack landings. The Committee will In order to further allow for such 10 a.m.–10:30 a.m.–Receive report on hear an assessment update for goliath adjustments and completion of all items Atlantic Sea Turtle Strategy by NMFS. grouper. on the agenda, the meeting may be
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8346 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
extended from, or completed prior to Requests to attend this briefing must be DEPARTMENT OF COMMERCE the date established in this notice. received no later than 1600 EDT Friday These meetings are physically 11 March 2005. Only individuals who National Oceanic and Atmospheric accessible to people with disabilities. have submitted their registration and Administration Requests for sign language clearance information by 1600 EDT on [I.D. 021405C] interpretation or other auxiliary aids 11 March 2005 and have received should be directed to Dawn Aring at the approval will be allowed to attend the New England Fishery Management Council (see ADDRESSES) by February IOOS Industry Day on 18 March 2005. Council; Public Meetings 23, 2005. SUPPLEMENTARY INFORMATION: The IOOS AGENCY: National Marine Fisheries Dated: February 15, 2005. is intended to be a ‘‘user-driven’’ Service (NMFS), National Oceanic and Emily Menashes, integrated network that includes ocean Atmospheric Administration (NOAA), Acting Director, Office of Sustainable observatories, data telemetry, data Commerce. Fisheries, National Marine Fisheries Service. management and communications, ACTION: Public meetings. [FR Doc. E5–664 Filed 2–17–05; 8:45 am] systems and data analysis and modeling BILLING CODE 3510–22–S tools that reliably and continuously SUMMARY: The New England Fishery provide the data and information that is Management Council (Council) is required to achieve the seven IOOS scheduling a public meeting of its Joint DEPARTMENT OF COMMERCE societal goals: Groundfish and Advisory Panels and (1) Improve predictions of climate Bycatch Oversight Committee in March, National Oceanic and Atmospheric change and weather and their effects on 2005 to consider actions affecting New Administration coastal communities and the nation; England fisheries in the exclusive (2) Improve the safety and efficiency economic zone (EEZ). Office of Ocean.US Integrated Ocean of marine operations; Recommendations from these groups Observing System (IOOS) Industry Day (3) More effectively mitigate the will be brought to the full Council for AGENCY: National Ocean Service, effects of natural hazard; formal consideration and action, if NOAA, Department of Commerce. (4) Improve national and homeland appropriate. ACTION: Notice of opportunity to attend. security; DATES: The meetings will be held on (5) Reduce public health risks; March 9 and March 10, 2005. See SUMMARY: The Office of Ocean.US (6) More effectively protect and SUPPLEMENTARY INFORMATION for specific announces the opportunity to attend a restore healthy coastal marine dates and times. briefing for interested organizations ecosystems; and ADDRESSES: The meetings will be held concerning plans to design, develop, (7) Enable the sustained use of marine in Peabody, MA. See SUPPLEMENTARY fabricate, install and operate the resources. INFORMATION for specific locations. Integrated Ocean Observing System The IOOS is intended to become a FOR FURTHER INFORMATION CONTACT: Paul (IOOS). The IOOS is in the exploratory national asset. IOOS may be J. Howard, Executive Director, New planning phase and all interested characterized as a ‘‘network centric, England Fishery Management Council parties are invited to provide input, system-of-systems’’. This large scale (978) 465–0492. Requests for special ideas, concepts and suggestions toward network will incorporate oceanographic, accommodations should be addressed to ensuring its effective development. meteorological and atmospheric sensors the New England Fishery Management DATES: March 18, 2005. offshore and onshore, sub sea and at sea Council, 50 Water Street, Mill 2, ADDRESSES: Hall of Flags, at the US surface, the equipment and telemetry Newburyport, MA 01950; telephone: Chamber of Commerce Bldg. located methods to transmit this data first to (978) 465–0492. near the White House at 1615 H Street information system (IS) that includes SUPPLEMENTARY INFORMATION: NW., Washington, DC 20062–2000. the hardware, software, middleware and Meeting Dates and Agendas Admission is controlled and the storage capacity to collect, analyze, material to be presented will be archive, distribute and disseminate the Wednesday, March 9, 2005, at 9:30 unclassified. IOOS data. It is intended that portals a.m.–Joint Groundfish and Whiting Advisory Panel Meeting. FOR FURTHER INFORMATION CONTACT: For will be developed to allow contributors around the nation to input their data Location: Holiday Inn, One Newbury further information regarding this Street, Route 1, Peabody, MA 01960; Industry Day, contact Andy Clark at and that the data will be made available through graphical user interfaces (GUIs) telephone: (978) 535–4600. [email protected] or (703) 588–0846. To The advisory panels will discuss attend this event, phone or fax requests in order that users in the private sector, academia and the government may potential bycatch issues facing the for registration material to: Mr. Gil groundfish and whiting fisheries due to Donohue, PH: (703) 442–7727; FX: (703) access it. It is the goal of Ocean.US to completely characterize all components the very large 2003-year class of 442–8199. Include names of all haddock. They will review existing attendees (3 maximum). Attendance is required to address these goals and solicit from industry input and best oversight committee recommendations limited to three per company/ and recommend to these committees organization. Suggested attendees: commercial practices that will help to achieve them. additional strategies and measures Senior Technologist, Business designed to reduce haddock bycatch. Development, Government Relations. Dated: February 14, 2005. Thursday, March 10, 2005, at 9 a.m.– Upon receipt of the completed IOOS Mitchell Luxenberg, Ad Hoc Bycatch Oversight Committee Registration Package, potential Acting Associate Assistant Administrator for Meeting. attendees will receive a confirmation Management, Ocean Services and Coastal Location: Holiday Inn, One Newbury notice and other relevant information. Zone Management, National Oceanic and Street, Route 1, Peabody, MA 01960; Interested parties are reminded that no Atmospheric Administration. telephone: (978) 535–4600. one will be admitted to the industry [FR Doc. 05–3139 Filed 2–17–05; 8:45 am] The Bycatch Committee will review brief without this confirmation. BILLING CODE 3510–JE–M recommendations from the Advisors as
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8347
well as develop final recommendations Affairs, and Under Secretary for Arms CONTACT PERSON FOR MORE INFORMATION: to the Council regarding potential Control and International Security. Jean A. Webb, 202–418–5100. haddock bycatch reduction measures for DATES: Jean A. Webb, herring, whiting and groundfish March 1, 2005, at 9:00 a.m., local fisheries, as well as recommendations time. Secretary of the Commission. on implementation procedures so that ADDRESSES: The meeting will be held at [FR Doc. 05–3282 Filed 2–16–05; 11:00 am] the recommendations can be in place the United States Senate, Dirksen Senate BILLING CODE 6351–01–M prior to any significant haddock bycatch Office Building, Room SD138, 1st and C situations in those fisheries. Streets, NE, Washington, DC. Security COMMODITY FUTURES TRADING Although non-emergency issues not procedures at the Dirksen Senate Office contained in this agenda may come COMMISSION Building may require inspection of before these groups for discussion, those purses, packages, screening of issues may not be the subject of formal Sunshine Act Meetings action during this meeting. Action will individuals, and presentation of a valid be restricted to those issues specifically individual identification document. The TIME AND DATE: 11 a.m., Friday, March listed in this notice and any issues building is physically accessible to 18, 2005. arising after publication of this notice people with disabilities. PLACE: 1155 21st St., NW., Washington, that require emergency action under FOR FURTHER INFORMATION CONTACT: Mr. DC, 9th Floor Commission Conference section 305(c) of the Magnuson-Stevens Wade Nelson, Public Affairs, at (708) Room. Act, provided the public has been 204–0711. STATUS: Closed. notified of the Council’s intent to take final action to address the emergency. Public Participation: Members of the MATTERS TO BE CONSIDERED: Surveillance general public wishing to inform the matters. Special Accommodations Commission may submit their FOR FURTHER INFORMATION CONTACT: Jean These meetings are physically comments in writing to the Commission A. Webb, 202–418–5100. accessible to people with disabilities. at the time of the meeting or address Requests for sign language inquiries/statements to Overseas Basing Jean A. Webb, interpretation or other auxiliary aids Commission 1655 N. Ft Myer Dr., Suite Secretary of the Commission. should be directed to Paul J. Howard 700 Arlington, VA 22209. [FR Doc. 05–3283 Filed 2–16–05; 11:00 am] (see ADDRESSES) at least five days prior BILLING CODE 6351–01–M to the meeting dates. SUPPLEMENTARY INFORMATION: Public Law 108–132, and as amended by Dated: February 15, 2005. Public Law 108–324, established the COMMODITY FUTURES TRADING Emily Menashes, Commission and charged it to conduct COMMISSION Acting Director, Office of Sustainable a thorough study and review of matters Fisheries, National Marine Fisheries Service. relating to the military facility structure Sunshine Act Meetings [FR Doc. E5–665 Filed 2–17–05; 8:45 am] overseas. The law requires the BILLING CODE 3510–22–S Commission to submit its report to the TIME AND DATE: 11 a.m., Friday, March President and Congress not later than 11, 2005. August 15, 2005, and to include a PLACE: 1155 21st St., NW., Washington, COMMISSION ON REVIEW OF proposal for an overseas basing strategy DC, 9th Floor Commission Conference OVERSEAS MILITARY FACILITY to meet current and future DoD Room. STRUCTURE OF THE UNITED STATES missions. STATUS: Closed. Public Meeting Dated: February 9, 2005. MATTERS TO BE CONSIDERED: Surveillance AGENCY: Commission on Review of Patricia J. Walker, matters. Overseas Military Facility Structure of Executive Director, Commission on Review FOR FURTHER INFORMATION CONTACT: Jean the United States (Overseas Basing of Overseas Military Facility Structure of the A. Webb, 202–418–5100. Commission (OSBC)). United States. ACTION: Notice of public meeting. [FR Doc. 05–3197 Filed 2–17–05; 8:45 am] Jean A. Webb, BILLING CODE 6820–YK–S Secretary of the Commission. SUMMARY: This serves as public notice of [FR Doc. 05–3284 Filed 2–16–05; 11:00 am] a meeting of the Commission on the BILLING CODE 6351–01–M Review of Overseas Military Facility Structure of the United States. The COMMODITY FUTURES TRADING Commission will meet to receive COMMISSION COMMODITY FUTURES TRADING testimony from current military Service COMMISSION Chiefs and Defense Department strategy Sunshine Act Meetings leaders concerning matters relating to Sunshine Act Meetings the overseas military facility structure of TIME AND DATE: 11 a.m., Friday, March TIME AND DATE: the United States. The OSBC will 25, 2005. 11 a.m., Friday, March receive testimony from two panels. The 4, 2005. PLACE: first panel invitees include the Service 1155 21st St., NW., Washington, PLACE: 1155 21st St., NW., Washington, Chiefs or their representatives from each DC, 9th Floor Commission Conference DC, 9th Floor Commission Conference of the Military Departments. The second Room. Room. panel invitees include the Under STATUS: Closed. Secretary of Defense for Policy and STATUS: Closed. representatives from the Department of MATTERS TO BE CONSIDERED: Surveillance MATTERS TO BE CONSIDERED: Surveillance State, Under Secretary for Political matters. matters.
VerDate jul<14>2003 17:28 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8348 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
CONTACT PERSON FOR FURTHER (2) By hand delivery or by courier to the Martin Luther King, Jr. Day of INFORMATION: Jean A. Webb, 202–418– the Corporation’s mailroom at Room Service grants. When finalized, the 5100. 6010 at the mail address given in application will include additional paragraph (1) above, between 9 a.m. and instructions to clarify narrative and Jean A. Webb, 4 p.m. Monday through Friday, except work plan sections; will contain an Secretary of the Commission. Federal holidays. updated list of ‘‘Service Categories’’ [FR Doc. 05–3285 Filed 2–16–05; 11:00 am] (3) By fax to: (202) 565–2786, used by applicants to identify the types BILLING CODE 6351–01–M Attention Mr. James Willie, Grants of needs the national service Policy Specialist. participants will meet; and will contain (4) Electronically through the current references used in the grants CORPORATION FOR NATIONAL AND Corporation’s e-mail address system: management system. [email protected]. Type of Review: New. COMMUNITY SERVICE Agency: Corporation for National and FOR FURTHER INFORMATION CONTACT: Community Service. Proposed Information Collection; James Willie, (202) 606–5000, ext. 391 Comment Request Title: Martin Luther King, Jr. Day of or by e-mail at [email protected]. Service Application Instructions. AGENCY: Corporation for National and SUPPLEMENTARY INFORMATION: OMB Number: None. Community Service. The OMB is particularly interested in Affected Public: Eligible applicants to comments which: ACTION: Notice. the Corporation for National and • Evaluate whether the proposed Community Service for funding of SUMMARY: The Corporation for National collection of information is necessary Martin Luther King, Jr. Day of Service and Community Service (hereinafter the for the proper performance of the Grants. ‘‘Corporation’’), as part of its continuing functions of the Corporation, including Total Respondents: 80. effort to reduce paperwork and whether the information will have Frequency: Annual. respondent burden, conducts a pre- practical utility; Average Time Per Response: Ten (10) • clearance consultation program to Evaluate the accuracy of the hours. provide the general public and federal agency’s estimate of the burden of the Estimated Total Burden Hours: 800 agencies with an opportunity to proposed collection of information, hours. Total Burden Cost (capital/startup): comment on proposed and/or including the validity of the None. continuing collections of information in methodology and assumptions used; • Total Burden Cost (operating/ accordance with the Paperwork Propose ways to enhance the quality, utility, and clarity of the maintenance): None. Reduction Act of 1995 (PRA95) (44 Comments submitted in response to U.S.C. Sec. 3506(c)(2)(A)). This program information to be collected; and • this notice will be summarized and/or helps to ensure that requested data can Propose ways to minimize the burden of the collection of information included in the request for Office of be provided in the desired format, Management and Budget approval of the reporting burden (time and financial on those who are to respond, including through the use of appropriate information collection request; they will resources) is minimized, collection also become a matter of public record. instruments are clearly understood, and automated, electronic, mechanical, or the impact of collection requirement on other technological collection Dated: February 10, 2005. respondents can be properly assessed. techniques or other forms of information Amy Mack, Currently, the Corporation is technology, e.g., permitting electronic Chief of Staff, Office of Chief Executive soliciting comments concerning its submissions of responses. Officer. proposed Martin Luther King, Jr. Day of Description [FR Doc. 05–3125 Filed 2–17–05; 8:45 am] Service Application Instructions using BILLING CODE 6050–$$–P the Corporation’s Electronic Application The purpose of these Martin Luther System, eGrants. Completion of the King, Jr. Day of Service Grants is to Martin Luther King, Jr. Day of Service mobilize more Americans to observe the DEPARTMENT OF DEFENSE Application Instructions is required for Martin Luther King, Jr. Federal holiday funding considerations. as a day of service in communities and GENERAL SERVICES Copies of the information collection to bring people together around the ADMINISTRATION requests can be obtained by contacting common focus of service to others. The the office listed in the address section Corporation will award these funds to NATIONAL AERONAUTICS AND of this notice. eligible applicants who will in turn SPACE ADMINISTRATION subgrant to eligible local organizations DATES: Written comments must be or fund separate events to plan and [OMB Control No. 9000–0088] submitted to the individual and office carry out service activities. listed in the ADDRESSES section by April Federal Acquisition 19, 2005. Background Regulation;Submission for OMB Review; Travel Costs ADDRESSES: You may submit comments, The Martin Luther King, Jr. Day of identified by the title of the information Service Grant is completed by applicant AGENCIES: Department of Defense (DOD), collection activity, by any of the organizations interested in supporting General Services Administration (GSA), following methods: an MLK Day of Service Program. The and National Aeronautics and Space (1) By mail sent to: Corporation for application is completed electronically Administration (NASA). National and Community Service, Office by using the Corporation’s Web-based ACTION: Notice of request for public of Grants Policy and Operations; system, eGrants. comments regarding a reinstatement of Attention Mr. James Willie, Grants OMB clearance (9000–0088). Policy Specialist, Room 9817; 1201 New Current Action York Avenue, NW., Washington, DC The Corporation seeks to create new SUMMARY: Under the provisions of the 20525. application instructions specifically for Paperwork Reduction Act of 1995 (44
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8349
U.S.C. Chapter 35), the Federal higher actual expense reimbursement Information Management Case Services Acquisition Regulation (FAR) method is used. Team, Regulatory Information Secretariat has submitted to the Office Management Services, Office of the B. Annual Reporting Burden of Management and Budget (OMB) a Chief Information Officer, publishes that request to review and approve an Respondents: 5,800. notice containing proposed information extension of a currently approved Responses Per Respondent: 10. collection requests prior to submission information collection requirement Total Responses: 58,000. of these requests to OMB. Each concerning travel costs. A request for Hours Per response: .25. proposed information collection, public comments was published at 69 Total Burden Hours: 14,500. grouped by office, contains the FR 39911 on July 1, 2004. No comments Obtaining Copies of Proposals: following: (1) Type of review requested, were received. Requesters may obtain a copy of the e.g., new, revision, extension, existing Public comments are particularly information collection documents from or reinstatement; (2) Title; (3) Summary invited on: Whether this collection of the General Services Administration, of the collection; (4) Description of the information is necessary for the proper FAR Secretariat (VIR), Room 4035, need for, and proposed use of, the performance of functions of the FAR, Washington, DC 20405, telephone (202) information; (5) Respondents and and whether it will have practical 501–4755. Please cite OMB Control No. frequency of collection; and (6) utility; whether our estimate of the 9000–0088, Travel Costs, in all Reporting and/or Recordkeeping public burden of this collection of correspondence. burden. OMB invites public comment. information is accurate, and based on Dated: February 14, 2005. Dated: February 14, 2005. valid assumptions and methodology; Rodney P. Lantier Angela C. Arrington, ways to enhance the quality, utility, and Director, Contract Policy Division. clarity of the information to be Leader, Information Management Case Services Team, Regulatory Information collected; and ways in which we can [FR Doc. 05–3126 Filed 2–17–05; 8:45 am] BILLING CODE 6820–EP–S Management Services, Office of the Chief minimize the burden of the collection of Information Officer. information on those who are to respond, through the use of appropriate Federal Student Aid technological collection techniques or DEPARTMENT OF EDUCATION Type of Review: Revision. other forms of information technology. Submission for OMB Review; Title: William D. Ford Federal Direct DATES: Submit comments on or before Comment Request Loan (Direct Loan) Program Electronic March 21, 2005. Debit Account Application and ADDRESSES: Submit comments regarding AGENCY: Department of Education. Brochure. this burden estimate or any other aspect SUMMARY: The Leader, Information Frequency: One time. of this collection of information, Management Case Services Team, Affected Public: Individuals or including suggestions for reducing this Regulatory Information Management household. burden to the General Services Services, Office of the Chief Information Reporting and Recordkeeping Hour Administration, FAR Secretariat Officer invites comments on the Burden: (VIR),1800 F Street, NW, Room 4035, submission for OMB review as required Responses—234,700. Washington, DC 20405. Please cite OMB by the Paperwork Reduction Act of Burden Hours—7,816. Control No. 9000–0088, Travel Costs, in 1995. Abstract: A Direct Loan borrower uses all correspondence. this application to request and authorize DATES: Interested persons are invited to FOR FURTHER INFORMATION CONTACT: Jerry the automatic deduction of monthly submit comments on or before March Olson, Contract Policy Division, GSA student loan payments from his or her 21, 2005. (202) 501–3221. checking or savings account. SUPPLEMENTARY INFORMATION: ADDRESSES: Written comments should Requests for copies of the submission be addressed to the Office of for OMB review; comment request may A. Purpose Information and Regulatory Affairs, be accessed from http:// FAR 31.205–46, Travel Costs, requires Attention: Carolyn Lovett, Desk Officer, edicsweb.ed.gov, by selecting the that, except inextraordinary and Department of Education, Office of ‘‘Browse Pending Collections’’ link and temporary situations, costs incurred by Management and Budget, 725 17th by clicking on link number 2648. When a contractor for lodging, meals, and Street, NW., Room 10235, New you access the information collection, incidental expenses shall be considered Executive Office Building, Washington, click on ‘‘Download Attachments’’ to to be reasonable and allowable only to DC 20503 or faxed to (202) 395–6974. view. Written requests for information the extent that they do not exceed on a SUPPLEMENTARY INFORMATION: Section should be addressed to U.S. Department daily basis the per diem rates in effect 3506 of the Paperwork Reduction Act of of Education, 400 Maryland Avenue, as of the time of travel as set forth in the 1995 (44 U.S.C. Chapter 35) requires SW., Potomac Center, 9th Floor, Federal Travel Regulations for travel in that the Office of Management and Washington, DC 20202–4700. Requests the conterminous 48 United States, the Budget (OMB) provide interested may also be electronically mailed to the Joint Travel Regulations, Volume 2, Federal agencies and the public an early Internet address [email protected] or Appendix A, for travel is Alaska, opportunity to comment on information faxed to (202) 245–6621. Please specify Hawaii, the Commonwealth of Puerto collection requests. OMB may amend or the complete title of the information Rico, and territories and possessions of waive the requirement for public collection when making your request. the United States, and the Department consultation to the extent that public Comments regarding burden and/or of State Standardized Regulations, participation in the approval process the collection activity requirements section 925, ‘‘Maximum Travel Per would defeat the purpose of the should be directed to Joseph Schubart at Diem Allowances for Foreign Areas.’’ information collection, violate State or his e-mail address [email protected]. The burden generated by this coverage Federal law, or substantially interfere Individuals who use a is in the form of the contractor with any agency’s ability to perform its telecommunications device for the deaf preparing a justification whenever a statutory obligations. The Leader, (TDD) may call the Federal Information
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8350 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Relay Service (FIRS) at 1–800–877– and (3) Core Requirements & Testing to country is prohibited in the absence of 8339. gather information and public input on a Presidential permit issued pursuant to [FR Doc. E5–663 Filed 2–17–05; 8:45 am] relevant issues. The information Executive Order (EO) 10485, as gathered by the working groups was amended by EO 12038. BILLING CODE 4000–01–P analyzed at the second meeting of the On December 20, 2004, Sea Breeze Development Committee January 18 & filed an application with the Office of 19, 2005. Thirty-one resolutions were Fossil Energy (FE) of the Department of ELECTION ASSISTANCE COMMISSION adopted by the TGDC at the January Energy (DOE) for a Presidential permit for the construction of a 150-kV electric Sunshine Act Notice; Meeting plenary session. The resolutions defined technical work tasks for NIST that will transmission line that would cross the AGENCY: United States Election assist the TGDC in developing U.S.-Canadian border. Sea Breeze is a Assistance Commission. recommendations for voluntary voting British Columbia corporation with its ACTION: Notice of public meeting for the system guidelines. The guidelines are principal place of business in Technical Guidelines Development due to the Election Assistance Vancouver, British Columbia. Although Committee. Commission in April 2005. Sea Breeze is the sole applicant for a FOR FURTHER INFORMATION CONTACT: Presidential permit, Sea Breeze is a joint DATE & TIME: Wednesday, March 9, Allan Eustis 301–975–5099. If a member venture between Sea Breeze Power 2005, 8:30 am to 5:30 pm. of the public would like to submit Corporation, a publicly traded Canadian PLACE: National Institute of Standards written comments concerning the corporation, and Boundless Energy, and Technology, 100 Bureau Drive, Committee’s affairs at any time before or LLC, a limited liability company of the Building 101, Gaithersburg, Maryland after the meeting, written comments State of Maine. Sea Breeze proposes to develop a 20899–8900. should be addressed to the contact direct current transmission person indicated above, or to STATUS: This meeting will be open to the interconnection between Canada and [email protected]. public. There is no fee to attend, but, the United States utilizing High Voltage due to security requirements, advance Gracia M. Hillman, Direct Current Light technology. The registration is required. Registration Chair, U.S. Election Assistance Commission. project would originate on Vancouver information is available at: https:// [FR Doc. 05–3306 Filed 2–16–05; 11:59 am] Island in the vicinity of Victoria, British rproxy.nist.gov/CRS/ Columbia, Canada, cross the Strait of _ _ BILLING CODE 6820–YN–M conf ext.cfm?conf id=1392. Please Juan de Fuca via submarine cable, and make sure you provide special needs in proceed via terrestrial underground the space allotted on the registration DEPARTMENT OF ENERGY cable to a converter station to be form. Also, on the form, leave the constructed at a substation located in amount due at 0$. [FE Docket No. PP–299] Port Angeles, Washington, and owned Note: Advance registration closes March 2, by Bonneville Power Administration. 2005. Application for Presidential Permit; The converter station would convert the Sea Breeze Pacific Regional direct current back to alternating SUMMARY: The Technical Guidelines Transmission System, Inc. Development Committee (the current. ‘‘Development Committee’’) has AGENCY: Office of Fossil Energy, DOE. The entire length of the proposed transmission facilities would be 22 scheduled a plenary meeting for March ACTION: Notice of application. miles, consisting of 11 2 9, 2005. The Committee was established ⁄ miles of land- based underground cable in Canada, 19 pursuant to 42 U.S.C. 15361, to act in SUMMARY: Sea Breeze Pacific Regional miles of submarine cable crossing the the public interest to assist the Transmission System, Inc., (Sea Breeze) Strait of Juan de Fuca, and 11⁄2 miles of Executive Director of the Election has applied for a Presidential permit to land-based underground cable inside Assistance Commission in the construct, operate, maintain, and the United States. The project is development of the voluntary voting connect a 150,000-volt (150-kV), direct intended to transmit up to 550 system guidelines. The Development current transmission line across the U.S. megawatts of power in either direction Committee held its first meeting on July border with Canada. DATES: Comments, protests, or requests between the two countries. 9th, 2004 and its second meeting on Since the restructuring of the electric to intervene must be submitted on or January 18 and 19, 2005. The purpose power industry began, resulting in the before March 21, 2005. of the third meeting of the Committee introduction of different types of will be to review and approve progress ADDRESSES: Comments, protests, or competitive entities into the on technical work tasks defined in requests to intervene should be marketplace, DOE has consistently resolutions adopted at the January addressed as follows: Office of Fossil expressed its policy that cross-border plenary meeting and to consider further Energy (FE–27), U.S. Department of trade in electric energy should be resolutions if proposed. The Energy, 1000 Independence Avenue, subject to the same principles of Committee’s adopted resolutions are SW., Washington, DC 20585 (FAX 202– comparable open access and non- available for public review at: http:// 297–5736). discrimination that apply to www.vote.nist.gov/Official%20w- FOR FURTHER INFORMATION CONTACT: Dr. transmission in interstate commerce. o%20signature.doc. Jerry Pell (Program Office) at 202–586– DOE has stated that policy in export SUPPLEMENTARY INFORMATION: The 3362, or Michael T. Skinker (Program authorization granted to entities Technical Guidelines Development Attorney) at 202–586–2793. requesting authority to export over Committee held their first plenary SUPPLEMENTARY INFORMATION: The international transmission facilities. meeting for July 9, 2004. At this construction, operation, maintenance, Specifically, DOE expects transmitting meeting, the Development Committee and connection of facilities at the utilities owning border facilities agreed to a resolution forming three international border of the United States constructed pursuant to Presidential working groups: (1) Human Factors & for the transmission of electric energy permits to provide access across the Privacy; (2) Security & Transparency; between the United States and a foreign border in accordance with the
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8351
principles of comparable open access process. Notices of forthcoming NEPA a guarantor, indorser, surety, or and non-discrimination contained in the activities and information on how to otherwise in respect of any security of FPA and articulated in Federal Energy participate in those activities will another person; provided that such Regulation Commission Order No. 888, appear in the Federal Register. issuance or assumption is for some as amended (Promoting Wholesale Copies of this application will be lawful object within the corporate Competition Through Open Access made available, upon request, for public purposes of Elk River, compatible with Non-Discriminatory Transmission inspection and copying at the address the public interest, and is reasonably Services by Public Utilities). In provided above. In addition, the necessary or appropriate for such furtherance of this policy, DOE intends application may be viewed on, or purposes. to condition any Presidential permit downloaded from, the Office of Fossil The Commission reserves the right to issued in this proceeding on compliance Energy Web site at http:// require a further showing that neither with these open access principles. www.fe.doe.gov/programs/ public nor private interests will be Procedural Matters: Any person ElectricityRegulation. Select ‘‘Pending adversely affected by continued desiring to become a party to this Proceedings’’ from the options menu. approval of Elk River’s issuances of proceeding or to be heard by filing Issued in Washington, DC, on February 14, securities or assumptions of liability. comments or protests to this application 2005. Copies of the full text of the should file a petition to intervene, Anthony J. Como, Commission’s Order are available from comment or protest at the address the Commission’s Public Reference provided above in accordance with Deputy Director, Electric Power Regulation, Office of Fossil Energy. Room, 888 First Street, NE., § 385.211 or 385.214 of the Federal Washington, DC 20426. The Order may [FR Doc. 05–3148 Filed 2–17–05; 8:45 am] Energy Regulatory Commission’s Rules also be viewed on the Commission’s of Practice and Procedures (18 CFR BILLING CODE 6450–01–P Web site at http://www.ferc.gov, using 385.211, 385.214). Fifteen copies of each the eLibrary link. Enter the docket petition and protest should be filed with DEPARTMENT OF ENERGY number excluding the last three digits in DOE on or before the date listed above. the docket number field to access the Additional copies of such petitions to Federal Energy Regulatory document. Comments, protests, and intervene or protest also should be filed Commission interventions may be filed electronically directly with Tony Duggleby, Chief via the Internet in lieu of paper. See 18 Executive Officer, Sea Breeze Pacific [Docket No. ER05–365–000] CFR 385.2001(a)(1)(iii) and the Regional Transmission System, Inc., instructions on the Commission’s Web Elk River Windfarm LLC; Notice of Lobby Box 91, Suite 1400, 333 Seymour site under the ‘‘e-Filing’’ link. The Issuance of Order Street, Vancouver, BC, Canada V6B 5A6 Commission strongly encourages and with either John G. Osborn or electronic filings. Gordon F. Grimes at Bernstein, Shur, February 11, 2005. Sawyer & Nelson, 100 Middle Street, Elk River Windfarm LLC (Elk River) Magalie R. Salas, P.O. Box 9729, Portland, ME 04104– filed an application for market-based Secretary. 5029. rate authority, with an accompanying [FR Doc. E5–674 Filed 2–17–05; 8:45 am] tariff. The proposed tariff provides for Before a Presidential permit may be BILLING CODE 6717–01–P issued or amended, the DOE must wholesale sales of energy, capacity and determine that the proposed action will ancillary services at market-based rates. not adversely impact on the reliability Elk River also requested waiver of DEPARTMENT OF ENERGY of the U.S. electric power supply various Commission regulations. In system. In addition, DOE must consider particular, Elk River requested that the Federal Energy Regulatory the environmental impacts of the Commission grant blanket approval Commission under 18 CFR part 34 of all future proposed action (i.e., granting the [Docket No. ER05–332–000] Presidential permit, with any conditions issuances of securities and assumptions and limitations, or denying it) pursuant of liability by Elk River. Klondike Wind Power II, LLC; Notice of to the National Environmental Policy On February 10, 2005, the Issuance of Order Act of 1969 (NEPA). DOE also must Commission granted the request for obtain the concurrences of the Secretary blanket approval under part 34, subject February 11, 2005. of State and the Secretary of Defense to the following: Klondike Wind Power II LLC before taking final action on a Any person desiring to be heard or to (Klondike II) filed an application for Presidential permit application. protest the blanket approval of market-based rate authority, with an The NEPA compliance process is a issuances of securities or assumptions of accompanying tariff. The proposed tariff cooperative non-adversarial process liability by Elk River should file a provides for wholesale sales of energy, involving members of the public, state motion to intervene or protest with the capacity and ancillary services at governments, Tribal governments, and Federal Energy Regulatory Commission, market-based rates. Klondike II also the Federal government. The process 888 First Street, NE., Washington, DC requested waiver of various Commission affords all persons interested in or 20426, in accordance with Rules 211 regulations. In particular, Klondike potentially affected by the and 214 of the Commission’s Rules of requested that the Commission grant environmental consequences of a Practice and Procedure. 18 CFR 385.211, blanket approval under 18 CFR part 34 proposed action an opportunity to 385.214 (2004). of all future issuances of securities and present their views, which will be Notice is hereby given that the assumptions of liability by Klondike II. considered in the preparation of the deadline for filing motions to intervene On February 10, 2005, the environmental documentation for the or protest, is March 14, 2005. Commission granted the request for proposed action. Intervening and Absent a request to be heard in blanket approval under part 34, subject becoming a party to this proceeding will opposition by the deadline above, Elk to the following: not create any special status for the River is authorized to issue securities Any person desiring to be heard or to petitioner with regard to the NEPA and assume obligations or liabilities as protest the blanket approval of
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8352 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
issuances of securities or assumptions of City, Utah 84158, filed in Docket No. list, will receive copies of the liability by Klondike II should file a CP05–32–001, an amendment to its environmental documents, and will be motion to intervene or protest with the pending application filed on November notified of meetings associated with the Federal Energy Regulatory Commission, 29, 2004, pursuant to section 7 of the Commission’s environmental review 888 First Street, NE., Washington, DC Natural Gas Act (NGA) for its capacity process. Environmental commenters 20426, in accordance with Rules 211 replacement project in Docket No. will not be required to serve copies of and 214 of the Commission’s Rules of CP05–32–000, all as more fully set forth filed documents on all other parties. Practice and Procedure. 18 CFR 385.211, in the application which is on file with The Commission’s rules require that 385.214 (2004). the Commission and open to public persons filing comments in opposition Notice is hereby given that the inspection. The filings may also be to the project provide copies of their deadline for filing motions to intervene viewed on the Web at http:// protests only to the applicant. However, or protest, is March 14, 2005. www.ferc.gov using the ‘‘eLibrary’’ link. the non-party commenters will not Absent a request to be heard in Enter the docket number excluding the receive copies of all documents filed by opposition by the deadline above, last three digits in the docket number other parties or issued by the Klondike II is authorized to issue field to access the document. For Commission (except for the mailing of securities and assume obligations or assistance, call (202) 502–3676 or TYY environmental documents issued by the liabilities as a guarantor, indorser, (202) 502–8659. Commission) and will not have the right surety, or otherwise in respect of any By this amendment, Northwest to seek court review of the security of another person; provided proposes minor changes to the Commission’s final order. that such issuance or assumption is for originally filed scope of work at its The Commission strongly encourages some lawful object within the corporate Chehalis Compressor Station in Lewis electronic filings of comments, protests, purposes of Klondike II, compatible County, Washington, and requests and interventions via the Internet in lieu with the public interest, and is abandonment authority for two taps on of paper. See 18 CFR 385.2001(a)(1)(iii) reasonably necessary or appropriate for its existing 26-inch line at the Camas and the instructions on the such purposes. Meter Station. Northwest states that the Commission’s Web site (http:// The Commission reserves the right to proposed changes will not have a www.ferc.gov) under the ‘‘e-Filing’’ link. require a further showing that neither significant effect on the project’s costs. Comment Date: March 4, 2005. public nor private interests will be Any questions regarding this adversely affected by continued amendment should be directed to Gary Magalie R. Salas, approval of Klondike II’s issuances of K. Kotter, Manager, Certificates and Secretary. securities or assumptions of liability. Tariffs—3F3, Northwest Pipeline [FR Doc. E5–670 Filed 2–17–05; 8:45 am] Copies of the full text of the Corporation, PO Box 58900, Salt Lake BILLING CODE 6717–01–P Commission’s Order are available from City, Utah 84158–0900. Telephone: the Commission’s Public Reference (801) 584–7117, Fax: (801) 584–7764. Room, 888 First Street, NE., There are two ways to become DEPARTMENT OF ENERGY Washington, DC 20426. The Order may involved in the Commission’s review of this project. First, any person wishing to Federal Energy Regulatory also be viewed on the Commission’s Commission Web site at http://www.ferc.gov, using obtain legal status by becoming a party the eLibrary link. Enter the docket to the proceedings for this project [Docket No. ER05–331–000] should, on or before the comment date, number excluding the last three digits in file with the Federal Energy Regulatory the docket number field to access the Promet Energy Partners LLC; Notice of Commission, 888 First Street, NE., document. Comments, protests, and Issuance of Order Washington, DC 20426, a motion to interventions may be filed electronically intervene in accordance with the February 11, 2005. via the Internet in lieu of paper. See 18 requirements of the Commission’s Rules Promet Energy Partners, LLC (Promet) CFR 385.2001(a)(1)(iii) and the of Practice and Procedure (18 CFR filed an application for market-based instructions on the Commission’s Web 385.214 or 385.211) and the Regulations rate authority, with an accompanying site under the ‘‘e-Filing’’ link. The under the NGA (18 CFR 157.10). A rate schedule. The proposed rate Commission strongly encourages person obtaining party status will be schedule provides for wholesale sales of electronic filings. placed on the service list maintained by capacity and energy at market-based Magalie R. Salas, the Secretary of the Commission and rates. Promet also requested waiver of Secretary. will receive copies of all documents various Commission regulations. In [FR Doc. E5–673 Filed 2–17–05; 8:45 am] filed by the applicant and by all other particular, Promet requested that the BILLING CODE 6717–01–P parties. A party must submit 14 copies Commission grant blanket approval of filings made with the Commission under 18 CFR part 34 of all future and must mail a copy to the applicant issuances of securities and assumptions DEPARTMENT OF ENERGY and to every other party in the of liability by Promet. proceeding. Only parties to the On February 10, 2005, the Federal Energy Regulatory proceeding can ask for court review of Commission granted the request for Commission Commission orders in the proceeding. blanket approval under part 34, subject Persons who wish to comment only to the following: [Docket No. CP05–32–001] on the environmental review of this Any person desiring to be heard or to Northwest Pipeline Corporation; Notice project, or in support of or in opposition protest the blanket approval of of Amendment to this project, should submit an issuances of securities or assumptions of original and two copies of their liability by Promet should file a motion February 11, 2005. comments to the Secretary of the to intervene or protest with the Federal Take notice that on February 4, 2005, Commission. Environmental Energy Regulatory Commission, 888 Northwest Pipeline Corporation commenters will be placed on the First Street, NE., Washington, DC 20426, (Northwest), 295 Chipeta Way, Salt Lake Commission’s environmental mailing in accordance with Rules 211 and 214
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8353
of the Commission’s Rules of Practice DEPARTMENT OF ENERGY various Commission regulations. In and Procedure. 18 CFR 385.211, 385.214 particular, Sirius requested that the (2004). Federal Energy Regulatory Commission grant blanket approval Commission Notice is hereby given that the under 18 CFR part 34 of all future deadline for filing motions to intervene [RT01–99–000 , RT01–99–001, RT01–99–002, issuances of securities and assumptions or protest, is March 14, 2005. RT01–99–003, RT01–86–000, RT01–86–001, of liability by Sirius. RT01–86–002, RT01–95–000, RT01–95–001, On February 10, 2005, the Absent a request to be heard in RT01–95–002, RT01–2–000, RT01–2–001, opposition by the deadline above, RT01–2–002, RT01–2–003, RT01–98–000, Commission granted the request for Promet is authorized to issue securities and RT02–3–000] blanket approval under part 34, subject and assume obligations or liabilities as to the following: a guarantor, indorser, surety, or Regional Transmission Organizations, Any person desiring to be heard or to Bangor Hydro-Electric Company, et al., otherwise in respect of any security of protest the blanket approval of New York Independent System another person; provided that such issuances of securities or assumptions of Operator, Inc., et al., PJM liability by Sirius should file a motion issuance or assumption is for some Interconnection, L.L.C., et al., PJM to intervene or protest with the Federal lawful object within the corporate Interconnection, L.L.C., ISO New Energy Regulatory Commission, 888 purposes of Promet, compatible with the England, Inc., New York Independent First Street, NE., Washington, DC 20426, public interest, and is reasonably System Operator, Inc.; Notice of Filing necessary or appropriate for such in accordance with Rules 211 and 214 purposes. February 11, 2005. of the Commission’s Rules of Practice and Procedure. 18 CFR 385.211, 385.214 The Commission reserves the right to Take notice that PJM Interconnection, L.L.C., New York Independent System (2004). require a further showing that neither Operator, Inc. and ISO New England, public nor private interests will be Notice is hereby given that the Inc. have posted on their internet Web adversely affected by continued deadline for filing motions to intervene sites charts and information updating or protest, is March 14, 2005. approval of Promet’s issuances of their progress on the resolution of ISO securities or assumptions of liability. seams. Absent a request to be heard in Copies of the full text of the Any person desiring to comment on opposition by the deadline above, Sirius Commission’s Order are available from this information should file with the is authorized to issue securities and the Commission’s Public Reference Federal Energy Regulatory Commission, assume obligations or liabilities as a Room, 888 First Street, NE., 888 First Street, NE., Washington, DC guarantor, indorser, surety, or otherwise Washington, DC 20426. The Order may 20426, in accordance with Rules 211 in respect of any security of another also be viewed on the Commission’s and 214 of the Commission’s Rules of person; provided that such issuance or Web site at http://www.ferc.gov, using Practice and Procedure (18 CFR 385.211 assumption is for some lawful object the eLibrary link. Enter the docket and 385.214). All such comments within the corporate purposes of Sirius, number excluding the last three digits in should be filed on or before the compatible with the public interest, and the docket number field to access the comment date. Comments may be filed is reasonably necessary or appropriate document. Comments, protests, and electronically via the Internet in lieu of for such purposes. paper; see 18 CFR 385.2001(a)(1)(iii) interventions may be filed electronically The Commission reserves the right to and the instructions on the via the Internet in lieu of paper. See 18 require a further showing that neither Commission’s Web site under the ‘‘e- CFR 385.2001(a)(1)(iii) and the public nor private interests will be Filing’’ link. The Commission strongly instructions on the Commission’s Web adversely affected by continued encourages electronic filings. approval of Sirius’s issuances of site under the ‘‘e-Filing’’ link. The Comment Date: March 4, 2005. Commission strongly encourages securities or assumptions of liability. electronic filings. Magalie R. Salas, Copies of the full text of the Secretary. Commission’s Order are available from Magalie R. Salas, [FR Doc. E5–669 Filed 2–17–05; 8:45 am] the Commission’s Public Reference Secretary. BILLING CODE 6717–01–P Room, 888 First Street, NE., [FR Doc. E5–672 Filed 2–17–05; 8:45 am] Washington, DC 20426. The Order may BILLING CODE 6717–01–P also be viewed on the Commission’s DEPARTMENT OF ENERGY Web site at http://www.ferc.gov, using Federal Energy Regulatory the eLibrary link. Enter the docket Commission number excluding the last three digits in the docket number field to access the [Docket Nos. ER05–71–000, ER05–71–001, document. Comments, protests, and and ER05–71–002] interventions may be filed electronically via the Internet in lieu of paper. See 18 Sirius Investment Management, Inc.; CFR 385.2001(a)(1)(iii) and the Notice of Issuance of Order instructions on the Commission’s Web February 11, 2005. site under the ‘‘e-Filing’’ link. The Sirius Investment Management, Inc. Commission strongly encourages (Sirius) filed an application for market- electronic filings. based rate authority, with an accompanying rate tariff. The proposed Magalie R. Salas, rate tariff provides for wholesale sales of Secretary. energy and capacity at market-based [FR Doc. E5–675 Filed 2–17–05; 8:45 am] rates. Sirius also requested waiver of BILLING CODE 6717–01–P
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8354 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
DEPARTMENT OF ENERGY and the U.S. Department of Agriculture, DEPARTMENT OF ENERGY Forest Service; the U.S. Department of Federal Energy Regulatory the Interior, Bureau of Land Federal Energy Regulatory Commission Management; the California Department Commission [Project No. 1390–040] of Fish and Game; American Rivers; [Docket Nos. ER05–111–000 and ER05–111– California Trout; and the Mono Lake 001] Southern California Edison Company; Committee. The purposes of the Notice of Settlement Agreement and Settlement Agreement are to resolve TransCanada Hydro Northeast Inc.; Soliciting Comments among the signatories: (1) The issues Notice of Issuance of Order February 11, 2005. raised by the signatories in their February 11, 2005. Take notice that the following respective requests for rehearing of the TransCanada Hydro Northeast Inc. Settlement Agreement has been filed order issuing new license (86 FERC (TC Hydro NE) filed an application for with the Commission and is available ¶ 61,230); and (2) the issue raised by the market-based rate authority, with an for public inspection. People for Mono Basin Preservation and accompanying tariff. The proposed tariff a. Type of Application: Settlement Mono County with regard to the claims provides for wholesale sales of energy, Agreement. that the minimum flow schedule capacity and ancillary services at b. Project No.: 1390–040. required by article 404 of the license market-based rates. TC Hydro NE also c. Date Filed: February 4, 2005. would interfere with the Wilson Creek requested waiver of various Commission d. Applicant: Southern California water rights. The signatories request that regulations. In particular, TC Hydro NE Edison Company. the Commission adopt in whole, requested that the Commission grant e. Name of Project: Lundy Project. without material modification, the Offer blanket approval under 18 CFR part 34 f. Location: On Mill Creek in Mono of Settlement. Specifically, the of all future issuances of securities and County, California. The project is signatories request that the Commission assumptions of liability by TC Hydro located partly on lands in the Inyo replace existing license articles 403, NE. National Forest and on land 404, 411, 412, and 417 with conditions On February 10, 2005, the administered by the Bureau of Land included in Appendix A of the Commission granted the request for Management. blanket approval under part 34, subject Settlement Agreement and delete g. Filed Pursuant to: Rule 602 of the to the following: Commission’s Rules of Practice and license article 414. Any person desiring to be heard or to Procedure, 18 CFR 385.602. l. A copy of the Settlement Agreement protest the blanket approval of h. Applicant Contact: Mr. Nino J. is available for review at the issuances of securities or assumptions of Mascolo, Southern California Edison Commission in the Public Reference liability by TC Hydro NE should file a Company, P.O. Box 800, 2244 Walnut Room or may be viewed on the motion to intervene or protest with the Grove Avenue, Rosemead, CA 91770, Commission’s Web site at http:// Federal Energy Regulatory Commission, (626) 302–4459. www.ferc.gov using the ‘‘eLibrary’’ link. 888 First Street, NE., Washington, DC i. FERC Contact: John Smith, Enter the docket number excluding the 20426, in accordance with Rules 211 telephone (202) 502–8972, e-mail last three digits in the docket number and 214 of the Commission’s Rules of [email protected]. field to access the document. For Practice and Procedure. 18 CFR 385.211, j. Deadline for filing comments: 90 assistance, contact FERC Online 385.214 (2004). days from the issuance date of this Support at Notice is hereby given that the notice. [email protected] or toll deadline for filing motions to intervene All documents (original and eight or protest, is March 14, 2005. free at 1–866-208–3676, or for TTY, copies) should be filed with: Magalie R. Absent a request to be heard in Salas, Secretary, Federal Energy contact (202) 502–8659. A copy is also opposition by the deadline above, TC Regulatory Commission, 888 First available for inspection and Hydro NE is authorized to issue Street, NE., Washington, DC 20426. reproduction at the address in item h securities and assume obligations or The Commission’s Rules of Practice above. liabilities as a guarantor, indorser, require all intervenors filing documents You may also register online at surety, or otherwise in respect of any with the Commission to serve a copy of http://www.ferc.gov/docs-filing/ security of another person; provided that document on each person on the esubscription.asp to be notified via that such issuance or assumption is for official service list for the project. email of new filings and issuances some lawful object within the corporate Further, if an intervenor files comments related to this or other pending projects. purposes of TC Hydro NE, compatible or documents with the Commission For assistance, contact FERC Online with the public interest, and is relating to the merits of an issue that Support. reasonably necessary or appropriate for may affect the responsibilities of a such purposes. particular agency, they must also serve Magalie R. Salas, The Commission reserves the right to a copy of the document on that resource Secretary. require a further showing that neither agency. [FR Doc. E5–677 Filed 2–17–05; 8:45 am] public nor private interests will be Comments may be filed electronically BILLING CODE 6717–01–P adversely affected by continued via the Internet in lieu of paper. The approval of TC Hydro NE’s issuances of Commission strongly encourages securities or assumptions of liability. electronic filings. See 18 CFR Copies of the full text of the 385.2001(a)(1)(iii) and the instructions Commission’s Order are available from on the Commission’s Web site (http:// the Commission’s Public Reference www.ferc.gov) under the ‘‘eFiling’’ link. Room, 888 First Street, NE., k. Description of filing: Southern Washington, DC 20426. The Order may California Edison Company filed the also be viewed on the Commission’s Settlement Agreement on behalf of itself Web site at http://www.ferc.gov, using
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8355
the eLibrary link. Enter the docket The Commission’s Rules of Practice (202) 502–8659. A copy is also available number excluding the last three digits in and Procedure require all intervenors for inspection and reproduction at the the docket number field to access the filing documents with the Commission address in item h above. document. Comments, protests, and to serve a copy of that document on You may also register online at interventions may be filed electronically each person on the official service list http://www.ferc.gov/esubsribenow.htm via the internet in lieu of paper. See 18 for the project. Further, if an intervenor to be notified via e-mail of new filings CFR 385.2001(a)(1)(iii) and the files comments or documents with the and issuances related to this or other instructions on the Commission’s Web Commission relating to the merits of an pending projects. For assistance, contact site under the ‘‘e-Filing’’ link. The issue that may affect the responsibilities FERC Online Support. To view Commission strongly encourages of a particular resource agency, they upcoming FERC events, go to http:// electronic filings. must also serve a copy of the document www.ferc.gov and click on ‘‘View Entire on that resource agency. Calendar’’. Magalie R. Salas, k. Description of Project: Verdant Secretary. intends to deploy, for study purposes, a Magalie R. Salas, [FR Doc. E5–671 Filed 2–17–05; 8:45 am] temporary (18-month), underwater Secretary. BILLING CODE 6717–01–P kinetic hydropower array that would be [FR Doc. E5–676 Filed 2–17–05; 8:45 am] located near New York City in the East BILLING CODE 6717–01–P River. The experimental project would DEPARTMENT OF ENERGY consist of: (1) Six turbines consisting of: (a) A 5-meter-diameter, 3-bladed rotor DEPARTMENT OF ENERGY Federal Energy Regulatory mounted on; (b) a 30-inch-diameter, 7- Commission foot-long nacelle or enclosed shelter Federal Energy Regulatory [Project No. 12178–000] mounted to; (c) a 9-foot-long vertical Commission pylon that contains a yaw bearing [Docket No. EC05–43–000, et al.] Verdant Power LLC; Notice of mounted on top of; (d) a 24-inch- Declaration of Intent and Petition for diameter, 5 or 6-feet-high pile extending Exelon Corporation, et al.; Electric Relief Filing and Soliciting Comments above the river bottom; (2) six Rate and Corporate Filings February 11, 2005. generating units with a combined capacity of up 200 kW; (3) an February 10, 2005. Take notice that the following The following filings have been made declaration of intent and petition for underwater power cable leading to a control room and connected via a with the Commission. The filings are relief from the requirements of generator controller and protective relay listed in ascending order within each hydropower licensing has been filed to two customer-side 480-volt service docket classification. with the Commission and is available meters; and (4) appurtenant facilities. 1. Exelon Corporation Public Service for public inspection. l. Petition for Declaratory Intent: a. Type of Filing: Declaration of intent Enterprise Group Incorporated Verdant Power asked that it be allowed and petition for relief. [Docket No. EC05–43–000] b. Project No.: 12178–000. to install and operate the facilities listed above, and to deliver power from the Take notice that on February 4, 2005, c. Date Filed: February 2, 2005. as supplemented on February 9, 2005, d. Applicant: Verdant Power LLC. project into the facilities of e. Name of Project: Roosevelt Island Consolidated Edison New York, for a Exelon Corporation and its subsidiaries Tidal Energy Study Project. test period of 18 months, without a that are electric utilities subject to the f. Location: In the East channel of the license under Part I of the Federal Commission’s jurisdiction (collectively, East River, in New York City, New York. Power Act. The 18-month deployment Exelon) and Public Service Enterprise The project would not occupy Federal would provide information about Group Incorporated and its subsidiaries lands. project operation and identify potential that are electric utilities subject to the g. Filed Pursuant to: 18 Code of affects on environment resources in the Commission’s jurisdiction (collectively, Federal Regulations part 24, section East River as part of Verdant Power’s PSEG) submitted a filing pursuant to 24.1. effort in preparing a license application section 203 of the Federal Power Act h. Applicant Contact: Mr. Ronald F. for a fully-developed project. Such a and part 33 of the Commission’s Smith, Chairman and Chief Operating project would consist of a series of Regulations requesting that the Officer, 4640 13th Street, Arlington, VA ‘‘free-flowing’’ bi-directional Commission approve a transaction that 22207 (703) 528–6445. submersible turbines totaling between 5 includes: (1) Exelon’s acquisition of i. FERC Contact: Tom Dean at (202) and 10 MW that would convert PSEG and the resulting indirect merger 502–6041, [email protected]. mechanical power from the tidal of Exelon’s and PSEG’s regulated public j. Deadline for filing comments: 30 currents of the East River into electrical utilities; and (2) the consolidation of days from the issuance date of this power without constructing a dam, Exelon’s and PSEG’s unregulated notice. reservoir, penstock, or powerhouse. generation companies and corporate All documents (original and eight m. A copy of the application is restructuring of the subsidiaries of their copies) should be filed with: Magalie R. available for review at the Commission unregulated generation companies. Salas, Secretary, Federal Energy in the Public Reference Room or may be Comment Date: 5 p.m. eastern time on Regulatory Commission, 888 First viewed on the Commission’s Web site at April 11, 2005. Street, NE., Washington, DC 20426. http://www.ferc.gov using the 2. TPF Chesapeake, LLC, TM Delmarva Documents may be filed electronically ‘‘eLibrary’’ link. Enter the docket Power LLC, Commonwealth via the Internet in lieu of paper. The number excluding the last three digits in Chesapeake Company, LLC Commission strongly encourages the docket number field to access the electronic filings. See 18 CFR document. For assistance, contact FERC [Docket No. EC05–44–000] 385.2001(a)(1)(iii) and the instructions Online Support at Take notice that on February 7, 2005, on the Commission’s Web site (http:// [email protected] or toll- TPF Chesapeake, LLC (TPF), TM www.ferc.gov) under the ‘‘eFiling’’ link. free at 1–866–208–3676, or for TTY, Delmarva Power LLC (TMDP), and
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8356 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Commonwealth Chesapeake Company, Comment Date: 5 p.m. eastern time on filing an amendment to its December 30, LLC (CCC) (collectively, Applicants) March 1, 2005. 2004, filing in Docket No. ER05–173– tendered for filing with the Commission 4. El Paso Electric Company 001 to include in the proposed tariff an pursuant to section 203 of the Federal express prohibition on AmerenIP Power Act and part 33 of the [Docket No. EL02–113–008] making sales under the tariff to any Commission’s regulations, an Take notice that on February 2, 2005, affiliate. AmerenIP requests an effective application authorizing TPF to purchase El Paso Electric Company (EPE) date of January 1, 2005. all of the membership interests in CCC submitted a compliance filing pursuant Comment Date: 5 p.m. eastern time on from TMDP and subsequent to the Commission’s Letter Order issued February 25, 2005. reorganization of the upstream October 23, 2003, in Docket No. EL02– ownership of CCC to facilitate the 113–002, 105 FERC ¶ 61,107. 8. Georgia Energy Cooperative upstream addition of new passive, EPE states that copies of the filing limited partners. were served on parties on the official [Docket No. ER05–349–001] Applicants state that CCC is a 315 service list. Take notice that on February 3, 2005, MW simple-cycle, oil-fired electric Comment Date: 5 p.m. eastern time on Georgia Energy Cooperative (GEC) generating facility located in New February 23, 2005. submitted for filing additional Church, Virginia. Applicants request information to its petition for confidential treatment of certain parts of 5. TECO EnergySource, Inc., Panda Gila Exhibit I. River, L.P., TECO–PANDA Generating acceptance of initial rate schedule, Comment Date: 5 p.m. eastern time on Co., L.P., TPS Dell, LLC, TPS McAdams, waivers and blanket authority filed on February 28, 2005. LLC, Union Power Partners, L.P., December 16, 2004, in Docket No. Commonwealth Chesapeake Company, ER05–349–000. 3. USGen New England, Inc., Bear L.L.C. Swamp Power Company LLC, Great Comment Date: 5 p.m. eastern time on Lakes Hydro America, LLC [Docket Nos. ER96–1563–020, ER01–931– February 18, 2005. 007, ER02–1000–004, ER02–510–003, ER02– [Docket No. EC05–45–000] 507–003, ER01–930–007, and ER99–415–006] Standard Paragraph Take notice that on February 8, 2005, Take notice that on June 25, 2004, Any person desiring to intervene or to USGen New England, Inc. (USGenNE), TECO EnergySource, Inc., Panda Gila Bear Swamp Power Company LLC protest this filing must file in River, L.P., TECO–PANDA Generating accordance with Rules 211 and 214 of (BSPC) and Great Lakes Hydro America, Co., L.P., TPS Dell, LLC, TPS McAdams, LLC (GLHA) (collectively referred to the Commission’s Rules of Practice and LLC, Union Power Partners, L.P., and Procedure (18 CFR 385.211 and herein as the Applicants) submitted an Commonwealth Chesapeake Company, application pursuant to section 203 of 385.214). Protests will be considered by L.L.C. (collectively, the Companies) the Commission in determining the the Federal Power Act (FPA) requesting submitted for filing a non-material authorization of the transfer of appropriate action to be taken, but will change in status with regard to the USGenNE’s operational interests and not serve to make protestants parties to market-based rate authorizations of the the sale of the interests owned by Bear the proceeding. Any person wishing to Companies. Companies state that, in Swamp Generating Trust No. 1 LLC and become a party must file a notice of conjunction with the May 4, 2004, Bear Swamp Generating Trust No. 2 LLC application under section 203 of the intervention or motion to intervene, as (Sale) to BSPC of the jurisdictional Federal Power Act, the Companies are appropriate. Such notices, motions, or facilities associated with the 589 MW undergoing an internal reorganization of protests must be filed on or before the Bear Swamp Pumped Storage Project TECO Energy, an exempt public utility comment date. Anyone filing a motion located on the Deerfield River in holding company. to intervene or protest must serve a copy northern Massachusetts (Bear Swamp Comment Date: 5 p.m. eastern time on of that document on the Applicant and Facility) and the nearby 10 MW Fife all parties to this proceeding. Brook Hydroelectric Project, a run-of- February 18, 2005. river hydroelectric facility (collectively, 6. New York State Electric & Gas The Commission encourages the Facilities). Applicants state that in Corporation electronic submission of protests and the unlikely event that BSPC does not interventions in lieu of paper using the [Docket No. ER99–221–008] have the legal authority to sell power for ‘‘eFiling’’ link at http://www.ferc.gov. resale at market-based rates pursuant to Take notice that on February 3, 2005, Persons unable to file electronically FPA section 205 (MBR Authorization) New York State Electric & Gas should submit an original and 14 copies by the effective date of a proposed Corporation (NYSEG) filed a notification of the protest or intervention to the interim operating arrangement, the of change in status to reflect a departure Federal Energy Regulatory Commission, Applicants also request authorization of from the characteristics that the 888 First Street, NE., Washington, DC the temporary transfer of control of the Commission relied upon in granting 20426. Facilities for purposes of compliance NYSEG market-based rate authority in This filing is accessible on-line at with Parts II and III of the FPA to GLHA the Commission’s order issued http://www.ferc.gov, using the until BSPC obtains MBR Authorization. December 14, 1998, in Docket Nos. Applicants further state that the ER99–220–000 and ER99–221–000, ‘‘eLibrary’’ link and is available for jurisdictional facilities involved in the FERC ¶ 61,342 (1998). review in the Commission’s Public Sale include transmission lines and Comment Date: 5 p.m. eastern time on Reference Room in Washington, DC. related facilities necessary to February 24, 2005. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to interconnect the Facilities to the 7. Illinois Power Company integrated transmission grid, including receive e-mail notification when a substation and switching station [Docket No. ER05–173–002] document is added to a subscribed equipment, miscellaneous power plant Take notice that on February 4, 2005, docket(s). For assistance with any FERC equipment, and related accounts, books, Illinois Power Company d/b/a Online service, please e-mail and records. AmerenIP (AmerenIP) tendered for [email protected], or call
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8357
(866) 208–3676 (toll free). For TTY, call Tucson Electric states that copies of Comment Date: 5 p.m. eastern time on (202) 502–8659. the filing were served on parties on the February 28, 2005. official service lists in the above- Linda L. Mitry, 7. Armstrong Energy Limited captioned proceeding. Partnership, LLLP, Dominion Nuclear Deputy Secretary. Comment Date: 5 p.m. eastern time on Marketing III, L.L.C., Elwood Energy [FR Doc. E5–659 Filed 2–17–05; 8:45 am] February 28, 2005. BILLING CODE 6717–01–P LLC, Kincaid Generation, L.L.C., State 4. Portland General Electric Company Line Energy, L.L.C., Virginia Electric and Power Company [Docket No. ER98–1643–007] DEPARTMENT OF ENERGY Take notice that on February 7, 2005, [Docket Nos. ER02–24–005, ER00–3746–006, Portland General Electric Company ER99–1695–005, ER99–1432–006, ER96– Federal Energy Regulatory 2869–008, ER00–1737–006] Commission (PGE) filed with the Commission an updated generation market power Take notice that on February 4, 2005, Dominion Resources Services, Inc. on [Docket No. EC05–46–000, et al.] analysis in accordance with AEP Power Marketing, Inc., et al, 107 FERC behalf of Armstrong Energy Limited CEMEX, Inc., et al.; Electric Rate and ¶ 61,018, order on reh’g, 108 FERC Partnership, LLLP, Dominion Nuclear Corporate Filings ¶ 61,026 (2004) and Acadia Power Marketing III, L.L.C., Elwood Energy Partners, LLC et al., 107 FERC ¶ 61,168 LLC, Kincaid Generation, L.L.C., State February 11, 2005. (2004). PGE states that the PGE Line Energy, L.L.C., and Virginia The following filings have been made submission includes an updated market Electric and Power Company submitted with the Commission. The filings are power study showing that PGE its amended response to the listed in ascending order within each continues to satisfy the Commission’s Commission’s order issued May 13, docket classification. requirements for market rate authority. 2004, implementing new generation Comment Date: 5 p.m. eastern time on market power analysis and mitigation 1. CEMEX, Inc., CEMEX Central Plains˜ procedures. Cement LLC, Votorantim Participacoes February 28, 2005. ¸ Comment Date: 5 p.m. eastern time on S.A. 5. FirstEnergy Operating Companies, February 25, 2005. [Docket No. EC05–46–000] FirstEnergy Solutions Corp., 8. Allegheny Power Take notice that on February 9, 2005, FirstEnergy Generation Corporation, CEMEX, Inc. and CEMEX Central Plains Jersey Central Power & Light Company, [Docket No. ER03–453–002] Metropolitan Edison Company, et al. Cement LLC (collectively,˜ CEMEX) and Take notice that on February 4, 2005, Votorantim Participacoes S.A. [Docket Nos. ER01–1403–002, ER01–2968– Allegheny Power submitted a refund (Votorantim) filed with¸ the Commission 002, ER01–845–002, ER04–366–002, and report in compliance with the an application pursuant to section 203 ER04–372–002] Commission’s letter order accepting of the Federal Power Act seeking Take notice that on February 7, 2005, uncontested settlement issued July 23, authorization for CEMEX to transfer to FirstEnergy Service Company tendered 2003, in Docket No. ER03–453–000, 104 Votorantim the rights to lease a for filing an updated generation market FERC ¶ 61,101 (2003). cogeneration facility located in Dixon, power analysis prepared in accordance Allegheny Power states that a copy of Illinois consisting of six generators rated with the guidelines adopted by the this letter will be sent to FirstEnergy at 2,290 KW each and appurtenant Commission in AEP Power Marketing, Companies, the Pennsylvania Public interconnection facilities. CEMEX states Inc., 107 FERC ¶ 61,018 (2004). Utility Commission and all persons that the transaction will have no adverse Comment Date: 5 p.m. eastern time on listed on the official service list effect on competition, rates or February 28, 2005. complied by the Secretary for this regulation. docket. Comment Date: 5 p.m. eastern time on 6. PSEG Lawrenceburg Energy Comment Date: 5 p.m. eastern time on March 2, 2005. Company LLC, PSEG Waterford Energy February 25, 2005. LLC 2. Oklahoma Gas and Electric 9. New York Independent System [Docket Nos. ER01–2460–003 and ER01– Company, OGE Energy Resources, Inc. 2482–003] Operator, Inc. and New York Transmission Owners [Docket Nos. ER98–511–003 and ER97–4345– Take notice that on February 7, 2005, 015] PSEG Lawrenceburg Energy Company [Docket No. ER04–449–005] Take notice that on February 7, 2005, LLC (PSEG Lawrenceburg) and PSEG Take notice that on February 7, 2005, Oklahoma Gas and Electric Company Waterford Energy LLC (PSEG Waterford) the New York Independent System and OGE Energy Resources, Inc. (collectively, the Applicants) jointly Operator, Inc. (NYISO), Central Hudson submitted an updated market power submitted an updated market power Gas & Electric Corporation, analysis. analysis and updated tariff sheets in Consolidated Edison Company of New Comment Date: 5 p.m. eastern time on response to the Commission’s November York, Inc., New York Power Authority, February 28, 2005. 16, 2004, letter finding that the New York State Electric & Gas 3. Tucson Electric Power Company Applicants’ August 27, 2004, updated Corporation, Orange & Rockland market power report was deficient due Utilities, Inc., and Rochester Gas & [Docket No. ER98–1150–003] to the October 1, 2004, AEP-East Electric Corporation (collectively, Joint Take notice that on February 7, 2005, integration into PJM Interconnection Rehearing Parties) submitted a Tucson Electric Power Company LLC Regional Transmission compliance filing pursuant to the tendered for filing an updated market Organization. Commission’s order issued August 6, power analysis in compliance with the Applicants state that copies of the 2004, in Docket Nos. ER04–449–000, Commission’s order in Acadia Power filing were served on parties on the 001 and 002, 108 FERC ¶ 61,159. Partners, L.L.C., 107 FERC ¶ 61,168 official service list in the above The NYISO states that it has served a (2004). captioned proceeding. copy of this filing on all parties on the
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8358 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
official service list compiled by the tendered for filing, a general transfer the proceeding. Any person wishing to Secretary in this proceeding. agreement executed by the United States become a party must file a notice of Comment Date: 5 p.m. eastern time on of America Department of Energy acting intervention or motion to intervene, as February 28, 2005. by and through the Bonneville Power appropriate. Such notices, motions, or 10. New York Independent System Administration and Sierra Pacific Power protests must be filed on or before the Operator, Inc. and New York Company. Sierra states that this general comment date. Anyone filing a motion Transmission Owners transfer agreement is filed in to intervene or protest must serve a copy compliance with Order 614 pursuant to of that document on the Applicant and [Docket No. ER04–449–006] a directive of the Division of Tariffs and all parties to this proceeding. Take notice that on February 7, 2005, Market Development dated December 3, The Commission encourages LIPA and Niagara Mohawk Power 2003, requiring the agreement be refiled electronic submission of protests and Corporation, a National Grid Company containing only currently operative interventions in lieu of paper using the submitted a compliance filing pursuant terms. ‘‘eFiling’’ link at http://www.ferc.gov. to the Commission’s order issued Comment Date: 5 p.m. eastern time on Persons unable to file electronically August 6, 2004, in Docket Nos. ER04– February 28, 2005. should submit an original and 14 copies 449–000, 001 and 002., 108 FERC 14. Midwest Independent Transmission of the protest or intervention to the ¶ 61,159. System Operator, Inc. Federal Energy Regulatory Commission, Comment Date: 5 p.m. eastern time on 888 First Street, NE., Washington, DC February 28, 2005. [Docket Nos. ER05–560–000] 20426. 11. Midwest Independent Take notice that on February 7, 2005, This filing is accessible on-line at Transmission, System Operator, Inc., the Midwest Independent Transmission http://www.ferc.gov, using the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) ‘‘eLibrary’’ link and is available for System Operator, Inc., et al., Midwest tendered for filing amendments to the review in the Commission’s Public Independent Transmission System coordination agreement by and between Reference Room in Washington, DC. Operator, Inc., et al., Ameren Services Midwest Independent Transmission There is an ‘‘eSubscription’’ link on the Co., et al. System Operator Inc. and Manitoba Web site that enables subscribers to Hydro. The Midwest ISO states that the receive e-mail notification when a [Docket Nos. ER056–014, EL04–135–016, proposed revisions provide for the EL02–111–034, EL03–212–030] document is added to a subscribed development of a congestion docket(s). For assistance with any FERC Take notice that on February 7, 2005, management process in response to the the Midwest Independent Transmission Online service, please e-mail planned start-up of the Midwest ISO [email protected], or call System Operator, Inc. (Midwest ISO) energy markets while preserving the and Midwest ISO Transmission Owners (866) 208–3676 (toll free). For TTY, call existing coordination framework (202) 502–8659. (collectively Applicants) jointly between the parties. The Midwest ISO submitted for filing revisions to requests an effective date of February 8, Linda Mitry, proposed Schedule 21 of the Midwest 2005. Deputy Secretary. ISO open access transmission tariff The Midwest ISO has also requested [FR Doc. E5–662 Filed 2–17–05; 8:45 am] submitted on November 24, 2004, in waiver of the service requirements set BILLING CODE 6717–01–P compliance with the Commission’s forth in 18 CFR 385.2010. The Midwest November 18, 2004, Order, Midwest ISO states that it has electronically Independent Transmission System served a copy of this filing, with its DEPARTMENT OF ENERGY Operator, Inc., 109 FERC ¶ 61,168 attachments, upon all Midwest ISO (2004). Members, Member representatives of Federal Energy Regulatory Applicants state that copies of the Transmission Owners and Non- Commission filing were served on parties on the Transmission Owners, the Midwest ISO official service list in the above- Advisory Committee participants, [Docket No. RM04–7–000] captioned proceeding. Policy Subcommittee participants, as Comment Date: 5 p.m. eastern time on well as all state commissions within the Market-Based Rates for Public Utilities; February 28, 2005. region. In addition, Midwest ISO states Notice Inviting Comments that the filing has been electronically 12. American Electric Power Service February 11, 2005. Corporation posted on the Midwest ISO’s Web site at http://www.midwestiso.org under the On January 27 and 28, 2005, the [Docket No. ER05–426–001] heading ‘‘Filings to FERC’’ for other Commission Staff held a technical Take notice that on February 8, 2005, interested parties in this matter and that conference to discuss issues associated American Electric Power Service it will provide hard copies to any with the above-captioned rulemaking Corporation (AEP), acting as agent for interested party upon request. proceeding on market-based rates. All Southwestern Electric Power Company Comment Date: 5 p.m. eastern time on interested persons are invited to file (SWEPCO) submitted an amendment February 28, 2005. written comments no later than March changing the designation number 14, 2005, in relation to the issues that assigned to the facilities agreement Standard Paragraph were the subject of the technical submitted in its January 6, 2005 filing in Any person desiring to intervene or to conference. Docket No. ER05–426–000. protest this filing must file in Comment Date: 5 p.m. eastern time on accordance with Rules 211 and 214 of Filing Requirements for Paper and February 18, 2005. the Commission’s Rules of Practice and Electronic Filings Procedure (18 CFR 385.211 and Comments, papers, or other 13. Sierra Pacific Power Company 385.214). Protests will be considered by documents related to this proceeding [Docket No. ER05–559–000] the Commission in determining the may be filed in paper format or Take notice that on February 7, 2005, appropriate action to be taken, but will electronically. The Commission strongly Sierra Pacific Power (Sierra) Company not serve to make protestants parties to encourages electronic filings. Those
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8359
filing electronically do not need to make lieu of paper using the ‘‘eFiling’’ link at DATES: The open-house public scoping a paper filing. http://www.ferc.gov. Persons unable to meeting will be held on Tuesday, March Documents filed electronically via the file electronically should submit an 1, 2005, in Hendricks, Minnesota. Internet must be prepared in MS Word, original and copies of the comment to Written comments should be received Portable Document Format, or ASCII the Federal Energy Regulatory no later than 11:59 p.m. on March 31, format. To file the document, access the Commission, 888 First Street, NE., 2005, which marks the end of the EIS Commission’s Web site at http:// Washington, DC 20426. scoping period. www.ferc.gov, click on ‘‘e-Filing’’ and This filing is accessible on-line at ADDRESSES: The open-house public then follow the instructions for each http://www.ferc.gov, using the scoping meeting will be held at the screen. First time users will have to ‘‘eLibrary’’ link and is available for Midwest Center for Wind Energy, 2390 establish a user name and password. review in the Commission’s Public County Highway 1, Hendricks, The Commission will send an automatic Reference Room in Washington, DC. Minnesota. The Center is located acknowledgement to the sender’s e-mail There is an ‘‘eSubscription’’ link on the approximately 25 miles northeast of the address upon receipt of comments. User Web site that enables subscribers to City of Brookings and approximately 15 assistance for electronic filing is receive e-mail notification when a miles east of the City of White, just east available at 202–502–8258 or by e-mail document is added to a subscribed of the South Dakota/Minnesota state to [email protected]. Do not submit docket(s). For assistance with any FERC line. Written comments should be comments to this e-mail address. Online service, please e-mail addressed to Mr. Dirk Shulund, For paper filings, the original and 14 [email protected], or call B0402.BL, Western Area Power copies of the comments should be (866) 208–3676 (toll free). For TTY, call Administration, Upper Great Plains submitted to the Office of the Secretary, (202) 502–8659. Regional Office, P.O. Box 35800, Federal Energy Regulatory Commission, Comment Date: April 4, 2005. Billings, MT 59107–5800, telephone 888 First Street, NE., Washington, DC (406) 247–7402, fax (406) 247–7408, e- 20426 and should refer to the above- Magalie R. Salas, mail [email protected]. referenced docket numbers. Secretary. FOR FURTHER INFORMATION CONTACT: Mr. All written comments will be placed [FR Doc. E5–679 Filed 2–17–05; 8:45 am] in the Commission’s public files and Mark J. Wieringa, NEPA Document BILLING CODE 6717–01–P will be available for inspection at the Manager, Western Area Power Commission’s Public Reference Room, Administration, P.O. Box 281213, Lakewood, CO 80228–8213, telephone 888 First Street, NE., Washington, DC, DEPARTMENT OF ENERGY 20426, during regular business hours. (720) 962–7448 or (800) 336–7288, fax Western Area Power Administration (720) 962–7263 or 7269, e-mail Magalie R. Salas, [email protected]. For general Secretary. Construction and Operation of the information on DOE’s National [FR Doc. E5–678 Filed 2–17–05; 8:45 am] Proposed White Wind Farm Project, Environmental Policy Act (NEPA) BILLING CODE 6717–01–P Brookings County, SD review procedures or status of a NEPA review, contact Ms. Carol M. Borgstrom, AGENCY: Western Area Power Director of NEPA Policy and DEPARTMENT OF ENERGY Administration, DOE. Compliance, EH–42, U.S. Department of ACTION: Notice of intent. Energy, 1000 Independence Avenue Federal Energy Regulatory SW., Washington, DC 20585, telephone Commission SUMMARY: The Western Area Power (202) 586–4600 or (800) 472–2756. [Docket No. AD05–1–000] Administration (Western), U.S. SUPPLEMENTARY INFORMATION: Western Department of Energy (DOE) intends to intends to prepare an EIS on the Principles for Efficient and Reliable prepare an Environmental Impact proposal by Navitas to construct and Reactive Power Supply and Statement (EIS) on the proposal by operate the Project in Brookings County, Consumption; Notice Establishing Navitas Energy (Navitas) to construct South Dakota, southeast of the City of Comment Date and operate the White Wind Farm White. The EIS will address the February 11, 2005. Project (Project) in Brookings County, construction and operation of the On February 4, 2005, the Commission South Dakota. The EIS will address the proposed Project, which includes wind made available to the public a Staff construction and operation of the turbine generators, access roads, Report on Reactive Power Supply and proposed Project, which includes wind collection and feeder lines, a Consumption. The Staff Report explores turbine generators, access roads, communications system, and a new the issue of reactive power supply from collection and feeder lines, electrical substation. In addition to the both a technical and economic communications system, and a new proposed action, the no-action perspective. The Staff Report will be the electrical substation. Navitas has alternative, and any action alternatives subject of a March 8, 2005 technical applied to Western to interconnect the defined as a result of the EIS scoping conference.1 In addition, the proposed Project to Western’s power process, will also be addressed in the Commission invites comment on the transmission system. Western needs to EIS. The EIS process will comply with Staff Report, including but not limited grant or deny Navitas’ interconnection the NEPA (42 U.S.C. 4321–4347, as to comments regarding the technical request under the provisions of its amended), Council on Environmental aspects of reactive power supply and General Guidelines for Interconnections. Quality regulations for implementing the development of possible cost Western will hold a 30-day scoping NEPA (40 CFR parts 1500–1508), and recovery mechanisms. period and a scoping meeting near the DOE NEPA implementing procedures The Commission encourages project area to ensure that interested (10 CFR part 1021). electronic submission of comments in members of the public and groups, and Navitas has applied to Western to Federal, state, local, and tribal agencies interconnect the proposed Project to 1 A Notice of Technical Conference was issued on have an opportunity to provide input on Western’s power transmission system. January 31, 2005. the scope of the EIS. Western is a power marketing agency of
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8360 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
DOE that markets Federal electric power would be buried to a depth that would involvement with appropriate Federal, to municipalities, public utilities, and not interfere with farming operations. State, local, and tribal governmental Native American tribes. Western offers Siting of the wind turbine generators agencies; public review and a hearing capacity on its transmission system to has not been completed, but would be on the published draft EIS; a published deliver electricity when such capacity is designed to optimize wind and land final EIS; a review period; and available, under Western’s Open Access resources in the area while minimizing publication of a Record of Decision Transmission Service Tariff (63 FR environmental impacts to the extent expected in early 2006. Additional 5376). The Tariff substantively complies practicable. Local zoning requirements informal public meetings may be held in would be complied with, including with the Federal Energy Regulatory the project area if public interest and setbacks from residences, roads and Commission Final Orders No. 888 and issues indicate a need. Western may 888A, which are intended to ensure existing transmission and distribution also mail newsletters to the project non-discriminatory transmission system lines. Navitas has acquired lease options access. Western needs to grant or deny within the 31-square mile project area mailing list to communicate Project Navitas’ interconnection request under sufficient to support the 200-MW status and developments. the provisions of its General Guidelines Project. Spacing of the wind turbines Western will hold a 30-day scoping for Interconnections. would also be determined by localized period to ensure that interested Navitas is proposing to construct the wind conditions and topography, members of the public and groups, and Project, an approximately 200-megawatt turbine technology, and desired east- Federal, state, local, and tribal agencies (MW) wind turbine generation project, west spacing of three rotor diameters have an opportunity to provide input on in a 31-square mile project area in and north-south spacing of six rotor the scope of the process and the Brookings County, South Dakota. The diameters. Navitas would like to begin alternatives that will be addressed in the project area is surrounded by a 1-mile construction in Spring 2006; the life of EIS. Western will also hold a public buffer zone, which would be included the proposed Project is anticipated to be open-house scoping meeting near the in the environmental analysis, for a total a minimum of 20 years. project area during the scoping period. of approximately 55.5 square miles. The Power generated by the Project would The purpose of the scoping meeting will project area is located immediately be delivered to a new Navitas southeast of the City of White and substation, which would be constructed be to provide information about the approximately 10 miles northeast of the immediately adjacent to Western’s proposed Project, answer questions, and City of Brookings, predominantly in existing White Substation. This new take verbal and written comments from Sherman Township, just west of the substation would occupy up to 11 acres interested parties. South Dakota/Minnesota state line. of land. White Substation is located in The open-house public scoping The project area is mostly rural the southeast corner of the project area. meeting will be held at the Midwest cropland, with some grazing land in Navitas has applied to Western to Center for Wind Energy, 2390 County rougher topography. Navitas has interconnect the proposed Project to Highway 1, Hendricks, Minnesota, on identified National Wetland Inventory Western’s power transmission system at Tuesday, March 1, 2005. Members of the wetlands and 100-year floodplains White Substation. public and representatives of groups, Because interconnection of the within the project area; these would be Federal, state, local and tribal agencies considered avoidance areas when siting proposed Project would incorporate a are welcome to attend anytime between the wind generators and supporting major new generation resource into 5 and 8 p.m. The Center is located facilities. Each wind turbine would Western’s power transmission system, involve the permanent disturbance of an Western has determined that an EIS is approximately 25 miles northeast of the average of 0.5 acre. The proposed required under DOE NEPA City of Brookings and approximately 15 Project would be constructed entirely on implementing procedures, 10 CFR part miles east of the City of White, just east private land. 1021, Subpart D, Appendix D, class of of the South Dakota/Minnesota state The proposed Project would consist of action D6. Western will be the lead line. The Center has displays and other up to 102 wind turbine generators on Federal agency for preparing the EIS, as information on the development of single pole structures, each rated at 2 defined at 40 CFR 1501.5. Since the wind energy projects which attendees MW. The turbines would have three proposed Project would be constructed may find useful. Attendees will have the blades, each 38 to 42 meters long, and entirely on private land, there are no opportunity to view proposed Project would revolve at up to 18 revolutions Federal or state land management and NEPA process displays and other per minute. The structures would each agencies with jurisdiction. Western will information. The open-house scoping be 70 to 100 meters high and 4 to 5 invite Federal, state, local, and tribal meeting will be very informal, with meters in diameter at the base. The agencies with jurisdiction by law or Western and Navitas representatives wind turbines would be installed on a special expertise with respect to available for one-on-one discussions concrete base, and each would have a environmental issues to be cooperating with attendees. Written comments may pad-mounted transformer near the base. agencies on the EIS, as defined at 40 be left with one of Western’s Lighting in accordance with U.S. Fish CFR 1501.6. Such agencies may also representatives at the scoping meeting, and Wildlife Service and Federal make a request to Western to be a or may be provided by e-mail or U.S. Aviation Administration requirements cooperating agency. Designated Postal Service mail to Western. Written would be provided. There would be a cooperating agencies have certain comments should be sent to the address class 5 all-weather gravel access road responsibilities to support the constructed to each turbine location, NEPA process, as specified at provided above. Comments on Project located along existing fence lines to the 40 CFR 1501.6(b). scoping and alternatives will be due extent possible. The wind turbines Full public participation and before the scoping period expires on would be connected by overhead feeder disclosure are planned for the entire EIS March 31, 2005, but comments on other lines, underground power collection process. Western anticipates the EIS aspects of the proposed Project will be circuits, and a communications process will take about one year, and accepted and considered throughout the network. The underground collector will include the open-house public NEPA process. circuits, comprised of three cables, scoping meeting; consultation and
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8361
Dated: February 8, 2005. ADDRESSES: The public information services, and uprating program Michael S. Hacskaylo, forum and public comment forum will payments. These annual costs are Administrator. be held at the Desert Southwest reduced by the projected revenue from [FR Doc. 05–3147 Filed 2–17–05; 8:45 am] Regional Customer Service Office, 615 water sales, visitor services, water pump BILLING CODE 6450–01–P South 43rd Avenue, Phoenix, AZ. Send energy sales, facility use charges, written comments to J. Tyler Carlson, miscellaneous leases, and late fees. The Regional Manager, Desert Southwest annual revenue requirement is the DEPARTMENT OF ENERGY Customer Service Region, Western Area annual base charge. The annual base Power Administration, P.O. Box 6457, charge for electric service is divided Western Area Power Administration Phoenix, AZ 85005–6457, e-mail equally between capacity and energy. [email protected]. Western will post Annual energy dollars are divided by Boulder Canyon Project—Rate Order information about the rate process on its No. WAPA–120 annual energy sales, and annual Web site at http://www.wapa.gov/dsw/ capacity dollars are divided by annual AGENCY: Western Area Power pwrmkt/BCP/RateAdjust.htm. Western capacity sales to determine the Administration, DOE. will post official comments received via proposed energy rate and the proposed ACTION: Notice of Proposed Rate letter and e-mail to its Web site after the capacity rate. Adjustment and Extension of Rate- close of the comment period. Western The Deputy Secretary of Energy (DOE) Setting Formula. must receive written comments by the end of the consultation and comment approved the extension of the existing SUMMARY: The Western Area Power period to ensure they are considered in rate-setting formula and Rate Schedule Administration (Western) is initiating a Western’s decision process. BCP–F6 for BCP firm power service on rate adjustment process for Boulder September 18, 2000 (Rate Order No. FOR FURTHER INFORMATION CONTACT: Mr. Canyon Project (BCP) electric service. WAPA–94, October 13, 2000), and the Jack Murray, Rates Team Lead, Desert Western proposes to extend the existing Commission confirmed and approved Southwest Customer Service Region, rate-setting formula, and approve the Western Area Power Administration, the schedule on July 31, 2001, under proposed base charge and rates for FY P.O. Box 6457, Phoenix, AZ 85005– FERC Docket No. EF00–5092–000. 2006. Publication of this Federal Approval for the rate-setting formula Register notice begins the formal 6457, telephone (602) 605–2442, e-mail [email protected]. and Rate Schedule BCP–F6 covered 5 process to extend the existing rate- years beginning on October 1, 2000, setting formula and the proposed base SUPPLEMENTARY INFORMATION: Annual ending on September 30, 2005. charge and rates. The proposed base base charge and rates adjustments are charge and rates will provide sufficient required by the existing rate-setting Under Rate Schedule BCP–F6, the revenue to pay all annual costs, formula methodology approved by the composite rate is 14.82 mills/kWh and including interest expense, and Federal Energy Regulatory Commission the base charge is $57,654,683 for FY repayment of required investment (Commission) on April 19, 1996. Rate 2005. The forecasted energy rate is 7.41 within the allowable period. Schedule BCP–F5 was placed into effect mills per kilowatt-hour (mills/kWh) and DATES: The consultation and comment on November 1, 1995, and expires on the forecasted capacity rate is $1.39 per period begins today and will end May September 30, 2005. Western proposes kilowatt month (kWmonth). Under Rate 19, 2005. Western will present a to extend the existing rate-setting Schedule BCP–F7, the proposed base detailed explanation of the proposed formula through September 30, 2010, charge for FY 2006 will result in an base charge and rates at a public and approve the proposed base charge overall composite rate increase of about information forum on April 6, 2005, and rates for FY 2006. The proposed 10 percent. The proposed base charge 10:30 a.m. MST, Phoenix, AZ. Western base charge and rates for BCP electric will increase about 7 percent, the will accept oral and written comments service are designed under the existing proposed forecasted energy rate will at a public comment forum on May 4, rate-setting formula to recover an annual increase about 10 percent, and the 2005, 10:30 a.m. MST, Phoenix, AZ. revenue requirement that includes proposed forecasted capacity rate will Western will accept written investment repayment, interest, increase about 7 percent. The proposed comments any time during the operation and maintenance, base charge and rates for BCP electric consultation and comment period. replacements, payment to states, visitor service are listed in the following table. TABLE 1.—PROPOSED ELECTRIC SERVICE BASE CHARGE AND RATES
Proposed Existing base base charge charge and and rates Percent rates October 1, change 2005
Total Composite (mills/kWh) ...... 14.82 16.43 10 Base Charge ($) ...... $57,654,683 $61,694,940 7 Energy Rate (mills/kWh) ...... 7.41 8.21 10 Capacity Rate ($/kWmonth) ...... $1.39 $1.49 7
Legal Authority will hold both a public information Secretary of Energy extend the rate- forum and a public comment forum. setting formula and approve the Since the rate-setting formula and After review of public comments, and proposed base charge and rates for FY proposed base charge and rates possible amendments or adjustments, 2006 on an interim basis. constitute a major rate adjustment as Western will recommend the Deputy Western is establishing the electric defined by 10 CFR part 903, Western service base charge and rates for BCP
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8362 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
under the Department of Energy action is categorically excluded from may be required to conduct testing of Organization Act (42 U.S.C. 7152); the preparing an environmental assessment chemical substances under TSCA. Since Reclamation Act of 1902 (ch. 1093, 32 or an environmental impact statement. other entities may also be interested, the Stat. 388), as amended and Agency has not attempted to describe all Determination Under Executive Order supplemented by subsequent laws, the specific entities that may be affected 12866 particularly section 9(c) of the by this action. If you have any questions Reclamation Project Act of 1939, (43 Western has an exemption from regarding the applicability of this action U.S.C. 485h(c)); and other acts that centralized regulatory review under to a particular entity, consult the person specifically apply to the projects Executive Order 12866; accordingly, no listed under FOR FURTHER INFORMATION involved. clearance of this notice by the Office of CONTACT. Management and Budget is required. By Delegation Order No. 00–037.00, B. How Can I Get Copies of this effective December 6, 2001, the Small Business Regulatory Enforcement Document and Other Related Secretary of Energy delegated: (1) The Fairness Act Documents? authority to develop power and transmission rates to Western’s Western has determined that this rule 1. Docket. EPA has established an Administrator; (2) the authority to is exempt from congressional official public docket for this action confirm, approve, and place such rates notification requirements under 5 U.S.C. under docket identification (ID) number into effect on an interim basis to the 801 because the action is a rulemaking OPPT–2003–0004. The official public Deputy Secretary of Energy; and (3) the of particular applicability relating to docket consists of the documents authority to confirm, approve, and place rates or services and involves matters of specifically referenced in this action, into effect on a final basis, to remand, procedure. any public comments received, and other information related to this action. or to disapprove such rates to the Dated: February 7, 2005. Although a part of the official docket, Commission. Existing Department of Michael S. Hacskaylo, Energy (DOE) procedures for public the public docket does not include CBI Administrator. or other information whose disclosure is participation in power rate adjustments [FR Doc. 05–3146 Filed 2–17–05; 8:45 am] (10 CFR part 903) were published on restricted by statute. The official public BILLING CODE 6450–01–P September 18, 1985 (50 FR 37835). docket is the collection of materials that is available for public viewing at the Availability of Information EPA Docket Center, Rm. B102-Reading ENVIRONMENTAL PROTECTION Room, EPA West, 1301 Constitution All brochures, studies, comments, AGENCY letters, memorandums, or other Ave., NW., Washington, DC. The EPA documents that Western initiates or uses [OPPT–2003–0004; FRL–7699–7] Docket Center is open from 8:30 a.m. to to develop the proposed base charge and 4:30 p.m., Monday through Friday, rates are available for inspection and Access to Confidential Business excluding legal holidays. The EPA copying at the Desert Southwest Information by Geologics Corporation Docket Center Reading Room telephone Customer Service Regional Office, number is (202) 566–1744, and the AGENCY: Environmental Protection telephone number for the OPPT Docket, Western Area Power Administration, Agency (EPA). located at 615 South 43rd Avenue, which is located in the EPA Docket ACTION: Phoenix, Arizona. Many of these Notice. Center is (202) 566–0280. 2. Electronic access. You may access documents and supporting information SUMMARY: EPA has authorized its are also available on Western’s Web site this Federal Register document contractor Geologics Corporation, of electronically through the EPA Internet at: http://www.wapa.gov/dsw/pwrmkt/ Alexandria, VA, access to information BCP/RateAdjust.htm. under the ‘‘Federal Register’’ listings which has been submitted to EPA under athttp://www.epa.gov/fedrgstr/. Regulatory Procedure Requirements sections 4, 5, 6, and 8 of the Toxic An electronic version of the public Substances Control Act (TSCA). Some of docket is available through EPA’s Regulatory Flexibility Analysis the information may be claimed or electronic public docket and comment The Regulatory Flexibility Act of 1980 determined to be Confidential Business system, EPA Dockets. You may use EPA (5 U.S.C. 601, et seq.) requires Federal Information (CBI). Dockets at http://www.epa.gov/edocket/ agencies to perform a regulatory DATES: Access to the confidential data to submit or view public comments, flexibility analysis if a final rule is likely will occur no sooner than February 23, access the index listing of the contents to have a significant economic impact 2005. of the official public docket, and to on a substantial number of small entities FOR FURTHER INFORMATION CONTACT: access those documents in the public and there is a legal requirement to issue Colby Lintner, Regulatory Coordinator, docket that are available electronically. a general notice of proposed Environmental Assistance Division Although not all docket materials may rulemaking. This action does not require (7408M), Office of Pollution Prevention be available electronically, you may still a regulatory flexibility analysis since it and Toxics, Environmental Protection access any of the publicly available is a rulemaking of particular Agency, 1200 Pennsylvania Ave., NW., docket materials through the docket applicability involving rates or services Washington, DC 20460; telephone facility identified in Unit I.B.1. Once in applicable to public property. number: (202) 554–1404; e-mail the system, select ‘‘search,’’ then key in Environmental Compliance address:[email protected]. the appropriate docket ID number. In compliance with the National SUPPLEMENTARY INFORMATION: II. What Action is the Agency Taking? Environmental Policy Act of 1969 I. General Information Under Deliver Order Number (NEPA) (42 U.S.C. 4321, et seq.); EP05W001068, Geologics Corporation, Council on Environmental Quality A. Does this Notice Apply to Me? of 5285 Shawnee Road, Suite 210, Regulations (40 CFR parts 1500–1508); This action is directed to the public Alexandria, VA, will assist EPA in and DOE NEPA Regulations (10 CFR in general. This action may, however, be carrying out data retrieval and review, part 1021), Western has determined this of interest to those persons who are or supporting a new 8(e) results-based
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8363
performance measure for OPPT’s New Oakmulgee District, Tuscaloosa, Hale, EIS No. 050063, Final EIS, AFS, UT, Chemicals Program. Bibbs and Perry Counties, AL, Wait Monticello and Blanding Municipal In accordance with 40 CFR 2.306(j), Period Ends: March 21, 2005, Contact: Watershed Improvement Projects, EPA has determined that under Deliver Jim Shores (205) 926–9765. Implementation, Manti-La Sal Order Number EP05W001068, Geologics EIS No. 050056, Draft EIS, FHW, TX, National Forest, Monticello Ranger Corporation will require access to CBI Trinity Parkway Project, Construction District, San Juan County, UT, Wait submitted to EPA under sections 4, 5, 6, of Limited Access Toll Facility from Period Ends: March 21, 2005, Contact: and 8 of TSCA, to perform successfully IH–35 E/TX–183 to U.S. –175/TX 310, Elton Chang (503) 587–4710. the duties specified under the contract. U.S. Army COE Section 10 and 404 Geologics personnel will be given Permits, Dallas County, TX, Comment EIS No. 050064, Final EIS, NIH, TX, information submitted to EPA under Period Ends: April 4, 2005, Contact: Galveston National Laboratory for sections 4, 5, 6, and 8 of TSCA. Some Salvador Deocampo (512) 536–5950. Biodefense and Emerging Infectious of the information may be claimed or EIS No. 050057, Final EIS, AFS, MT, Diseases Research Facility at the determined to be CBI. Bridger Bowl Ski Area, Permit University of Texas Medical Branch, EPA is issuing this notice to inform Renewal and Master Development Construction, Partial Funding, Grant, all submitters of information under Plan Update, Implementation, Special Galveston, TX, Wait Period Ends: sections 4, 5, 6, and 8 of TSCA, that the Use Permit and COE Section 404 March 22, 2005, Contact: Valerie Agency may provide Geologics Permit, Gallatin National Forest, in Nottingham (301) 496–7775. Corporation access to these CBI the City of Bozeman, MT, Wait Period Amended Notices materials on a need-to-know basis only. Ends: March 21, 2005, Contact: Nancy All access to TSCA CBI under this Halstrom (406) 522–2520. EIS No. 040504, Draft EIS, SFW, CA, deliver order will take place at EPA EIS No. 050058, Final EIS, NAS, HI, Coachella Valley Multiple Species Headquarters. Outrigger Telescopes Project, Habitat Conservation Plan (MSHCP), Clearance for access to TSCA CBI Proposed for the W.M. Keck Santa Rosa and San Jacinto Mountains under Deliver Order Number Observatory Site within the Mauna Trails Plan, Issuance of Incidental EP05W001068 may continue until Kea Science Reserve, Funding, Take Permits, Riverside County, CA, October 31, 2005. Access will Construction, Installation and Comment Period Ends: March 7, 2005, commence no sooner than February 23, Operation, Island of Hawaii, Wait Contact: Julie Concannon (503) 231– 2005. Period Ends: March 21, 2005, Contact: 6747. Revision of FR Notice Published Geologics personnel have signed non- Kenneth M. Kumor (202) 358–1112. on 11/05/04: CEQ Comment Period disclosure agreements and will be EIS No. 050059, Draft EIS, NPS, VA, Ending 02/2/2005 has been Extended briefed on appropriate security Manassas National Battlefield Park to 03/07/2005. procedures before they are permitted Bypass Study, From US–29 East of access to TSCA CBI. Park Boundary and VA–234 South of EIS No. 050000, Draft EIS, AFS, UT, List of Subjects Park Boundary to U.S. 29 West of Park Ogden Ranger District Travel Plan, To Boundary and VA–234 North of Park Update the Travel Management Plan, Environmental protection, Boundary, U.S. Army COE Section Wasatch-Cache National Plan, Ogden Confidential business information. 404 Permit, Prince William and Ranger District, Box Elder, Cache, Dated: February 11, 2005. Fairfax Counties, VA, Comment Morgan, Weber and Rich Counties, Vicki A. Simons, Period Ends: April 4, 2005, Contact: UT, Comment Period Ends: March 30, Acting Director, Information Management Jack Van Dop (703) 404–6282. This 2005, Contact: Rick Vallejos (801) Division, Office of Pollution Prevention and document is available on the Internet 625–5112. Revision of FR Notice Toxics. at: http://www.battlefiedbypass.com. Published on 01/14/2005: CEQ [FR Doc. 05–3060 Filed 2–17–05; 8:45 am] EIS No. 050060, Draft EIS, COE, TX, Comment Period Ending on 2/28/2005 BILLING CODE 6560–50–S Cedar Bayou Navigation Channel has been Extended to 03/30/2005. (CBNC) Improvements Project, Implementation, Near Baytown in EIS No. 050004, Final EIS, SFW, WA, ID, ENVIRONMENTAL PROTECTION Harris and Chambers Counties, TX, OR, CA, Caspian Tern (sterna caspia) AGENCY Comment Period Ends: April 4, 2005, Management to Reduce Predation of Juvenile Salmonids in the Columbia [ER–FRL–6660–6] Contact: Dr. Terry Roberts (409) 766– 3035. River Esturary, To Comply with the Environmental Impact Statements; EIS No. 050061, Final EIS, FHW, MN, 2002 Settlement Agreement, Notice of Availability Ayd Mill Road Corridor, Endangered Species Act Improvements from I–35 E to St. (ESA), Columbia River, WA, OR, ID and Responsible Agency: Office of Federal Anthony Avenue (I–94) 2.6 kilometer CA, Wait Period Ends: February 14, Activities, General Information (202) (1.6 miles), Funding, City of Saint 2005, Contact: Nanette Seto (503) 564–7167 or http://www.epa.gov/ Paul, Ramsey County, MN, Wait 231–6164. Revision of FR Notice compliance/nepa/. Period Ends: March 21, 2005, Contact: Published on 01/14/2005: Time Weekly receipt of Environmental Impact Cheryl Martin (651) 291–6120. Extended Put in by Error the Wait Statements EIS No. 050062, Draft EIS, COE, NC, Ends on 2/14/2005. Filed February 7, 2005 Through Fort Bragg Headquarters for XVIII February 11, 2005 Airborne Corps and Army Special Dated: February 15, 2005. Pursuant to 40 CFR 1506.9. Operations Command, To Determine Robert W. Hargrove, EIS No. 050055, Final EIS, AFS, AL, the Level of Training on the Overhills Director, NEPA Compliance Division, Office Longleaf Ecosystem Restoration Tract Program, Cumberland and of Federal Activities. Project, Proposes a Five-Year Project Harnett Counties, NC, Comment [FR Doc. 05–3187 Filed 2–17–05; 8:45 am] to Begin Restoration of Native Period Ends: April 4, 2005, Contact: BILLING CODE 6560–50–U Longleaf, Talladega National Forest, David A. Heinz (910) 396–8207.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8364 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
ENVIRONMENTAL PROTECTION Owl. EPA recommended that the ERP No. F–FHW–G40174–TX Eastern AGENCY Preferred Alternative be modified to Extension of the President George Bush protect critical, older-growth spruce-fir Turnpike (PGBT) from TX–78 to I–30, [ER–FRL–6660–7] wildlife habitats. New Controlled Access Tollway Environmental Impact Statements and ERP No. D–AFS–K65277–CA Rating Construction at a New Location, Cities Regulations; Availability of EPA EC2, Modoc National Forest Noxious of Garland, Sachse, Rowlett and Dallas, Comments Weed Treatment Project, Proposes to Dallas County, TX. Implement a Control and Eradication Summary: No comment letter was Availability of EPA comments Project, Lassen, Modoc and Siskiyou sent to the preparing agency. prepared pursuant to the Environmental Counties, CA. ERP No. FA–AFS–L67028–AK Review Process (ERP), under Section Summary: EPA expressed Kensington Gold Project, Proposed 309 of the Clean Air Act and Section environmental concerns about Modifications of the 1998 Approved 102(2)(c) of the National Environmental integration of weed treatments, impacts Plan Operation, NPDES, ESA and US Policy Act, as amended. Requests for to water quality, toxicity of herbicides to COE Section 10 and 404 Permits, copies of EPA comments can be directed wildlife, and addressing tribal concerns Tongass National Forest, City of Juneau, to the Office of Federal Activities at regarding herbicide use. AK. (202) 564–7167. An explanation of the ERP No. D–USA–L11037–AK Rating Summary: This EIS has addressed ratings assigned to draft environmental EC2, Battle Area Complex (BAX) and a EPA’s objections about toxicity in the impact statements (EISs) was published Combined Arms Collective Training lake and the NPDES discharge. EPA is in FR dated April 2, 2004 (69 FR 17403). Facility (CACTF) Construction and continuing to work through the Draft EISs Operation, U.S. Army Training Lands in 404(b)(1) process. Alaska. ERP No. F1–AFS–J65308–UT Wasatch ERP No. D–AFS–J65428–CO Rating Summary: EPA expressed concerns Powerbird Guides Permit Renewal, EC2, Vail Valley Forest Health Project, related to water resource, wetland, and Authorization to Continue Providing Proposed Landscape-Scale Vegetation habitat impacts, and recommended that Guided Helicopter Skiing Activities on Management and Fuels Reduction, additional criteria could be used to National Forest System (NFS) Land on White River National Forest, Holy Cross expand the range of alternatives in order the Wasatch-Cache and Uinta National Ranger District, Eagle County, CO. Forests, Special-Use Permit (SUP), Summary: EPA expressed to minimize environmental impacts. Provo and Salt Lake City, UT. environmental concerns about potential ERP No. DR–IBR–K39048–CA Rating Summary: EPA expressed no effects to aquatic and terrestrial EC2, Truckee River Operating objections to the proposed action. resources from large scale management Agreement (TROA) Modify Operations ERP No. F1–FHW–F40361–MI MI–59 activity, and requested additional of Five Federal and Two Non-Federal Livingston County Widening Project information on the ongoing beetle Reservoirs to Facilitate Distribution of between I–96 and US 23, Recommended epidemic, especially its impact on Water, Truckee River Basin, EL Dorado, Alternative was Selected, Right-of-Way meeting project goals. Nevada, Placer and Sierra Counties, CA ERP No. D–AFS–J65431–UT Rating and Douglas, Lyon, Storey and Washoe Preservation Center Corridor, Funding, EC2, Duck Creek Fuels Treatment Counties, NV. NPDES and U.S. Army COE Section 404 Analysis, To Reduce Fuels, Enhance Summary: EPA expressed concerns Permits Issuance, Livingston County, Fire-Tolerant Vegetation and Provide about potential impacts to water quality MI. Fuel Breaks, Dixie National Forest, and sensitive resources, and requested Summary: EPA has environmental Cedar City Ranger District, Kane additional information in the Final EIS concerns about the project regarding County, UT. on water quality, alternatives, biological invasive species control, and also Summary: EPA expressed resources, cumulative impacts, water requests additional information in the environmental concerns about the conservation, and program monitoring Record of Decision concerning wetlands potential for adverse impacts to water and reporting measures. impacts and secondary land use changes. quality and aquatic habitat, degradation Final EISs of soils and impacts to wildlife from Dated: February 15, 2005. reduction of old growth habitat. The ERP No. F–AFS–J65399–00 High Robert W. Hargrove, Final EIS should discuss additional Mountains Heli-Skiing (HMH) Project, Director, NEPA Compliance Division, Office mitigation measures to reduce impacts Issuance of a New 5–Year Special Use of Federal Activities. in important wildlife habitat and back- Permit (SUP) to Continue Operating [FR Doc. 05–3188 Filed 2–17–05; 8:45 am] Guided Helicopter Skiing in Portions of country areas. BILLING CODE 6560–50–P ERP No. D–AFS–J65434–CO Rating the Bridger-Teton National Forest and EC2, County Line Vegetation Caribou-Targhee National Forest Management Project, Salvaging Spruce (CTNF), Teton and Lincoln Counties, ENVIRONMENTAL PROTECTION Beetle Infected Trees and Thinning WY and Teton and Bonneville Counties, AGENCY Spruce-Fir Stand, Rio Grande National ID. Forest, Conejos Peak Ranger District, Summary: EPA expressed no [FRL–7874–4] objections to the proposed action. Conejes County, CO. Targeted Watersheds Grant Program: ERP No. F–BIA–C60004–NY St. Regis Summary: EPA expressed Call for Nominations environmental concerns about soil Mohawk Tribe, Mohawk Mountain disturbance and erosion, runoff, Casino and Resort, Proposed Transfer of AGENCY: Environmental Protection sedimentation, and habitat impacts in 66 Acres of Land into Federal Trust Agency (EPA). streams that have a population of Status, Fee-to-Trust Acquisition, ACTION: Notice. genetically pure Rio Grande cutthroat Sullivan County, NY. trout, and wildlife impacts to sensitive Summary: EPA continues to express SUMMARY: EPA today is announcing the species such as threatened Canada concern about the project’s cumulative Call for Nominations of watershed Lynx, Northern Goshawk, and Boreal effects and air quality analyses. proposals under the Targeted
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8365
Watersheds Grant Program. Formerly I. Funding Opportunity Description EPA will select projects that are called the Watershed Initiative, the intended to improve water quality and A. The Targeted Watersheds Grant Targeted Watersheds Grant Program is a are based on the fundamentals of the Program competitive grant program designed to Clean Water Act, that is, projects that support the protection and restoration of The Targeted Watersheds Grant relate to the prevention, reduction, and the country’s water resources through a Program is built on the fundamental elimination of water pollution. The holistic watershed approach to water concept of managing water resource use Agency will continue to base its quality management. For fiscal year and water quality on a holistic selections on projects that exhibit a high 2005, Congress has appropriated a total watershed basis. The watershed degree of innovation, measurable of $18 million for the Program of which approach focuses regional and State results, partnerships, outreach and cost- $10 million will be directed to nation- efforts to integrate water and source effectiveness. In addition, special wide projects for improving water water protection programs to support emphasis this year will be placed on quality and the remaining $8 million locally-led collaborative efforts within water quality trading projects. To will be directed toward projects in the hydrologically defined boundaries that encourage States, interstate agencies, Chesapeake Bay watershed. Today’s protect and restore our aquatic resources and tribes to develop and implement notice sets forth the process that will be and ecosystems. This approach offers an water quality trading programs for used for selecting watersheds for the efficient opportunity to tackle today’s nutrients, sediments, and other nation-wide projects, and serves as the environmental challenges. The Targeted pollutants, EPA will reserve about call for nominations from Governors Watersheds Grant Program encourages fifteen percent of the Targeted and Tribal Leaders. Subsequently, EPA watershed practitioners to examine Watersheds grant funds for promising will publish a separate notice that will water-related problems in the context of trading projects that meet the prescribed outline the criteria and selection process the larger watershed in which they criteria. While trading projects may take for Chesapeake Bay nominations. exist, to develop solutions to those longer to develop and implement due to DATES: The deadline for EPA receipt of problems by creatively applying the full necessary front-end tasks such as nominations, both in hard copy and in array of available tools, including establishing a market framework and electronic form, is May 19, 2005. Federal, State, and local programs, and identifying applicable trading ratios, Nominations and supporting materials to restore and preserve water resources EPA is interested in funding trading received after this deadline will not be through strategic planning and projects that will result in reduced considered. implementation that draw in public and pollutant loadings in the near to mid- term. Thus, more specific criteria ADDRESSES: Two hard copies of the private sector partners. Both the related to trading is provided in this nomination packages must be submitted watershed approach and the Targeted year’s solicitation (see section V.A). in their entirety by express mail or Watersheds Grant Program focus on Examples of trading proposals with courier service. Deliver one copy to multi-faceted plans for protecting and these characteristics can be found on the Carol Peterson, Office of Wetlands, restoring water resources that are Targeted Watersheds Grant Program Oceans, and Watersheds, USEPA, Room developed using partnership efforts of Web site at http://www.epa.gov/owow/ 7136E, 1301 Constitution Avenue, NW., diverse stakeholders. Projects selected watershed/initiative/2004/ Washington, DC 20004; telephone 202– for funding will go beyond 04proposals.html under Passiac River, 566–1304. The other copy is to be implementing separate, detached NJ and Cape Fear River, NC. EPA’s delivered to the appropriate EPA activities and will focus on Water Quality Trading Policy and other Regional office (see section IV.E for implementing and measuring the relevant information can be found at regional names and addresses). Please effectiveness of an integrated watershed- http://www.epa.gov/owow/watershed/ mark all submissions ATTN: Targeted based approach to conservation and trading/. Watersheds. restoration throughout a watershed. In addition to the hard copies, a Successful nominees will focus on far- II. Award Information portion of the nomination package must reaching approaches that will improve Approximately $10 million will be also be submitted electronically to the e- water quality and are consistent with available to support nation-wide mail address provided; the subject line the goals of the Clean Water Act. projects of which fifteen percent will be should read ‘‘STATE—WATERSHED B. Goals for 2005 reserved for trading projects. Funding NAME.’’ Please follow the detailed also will be continued to existing grants instructions provided in section IV.D of In this third year of the program, EPA that work toward providing services, the SUPPLEMENTARY INFORMATION section will continue to support coalition-based such as, national tools, training, and below. strategies for improving water resources on a watershed level, including technical assistance to all watershed FOR FURTHER INFORMATION CONTACT: activities such as attaining water quality organizations. Carol Peterson, USEPA, 1200 standards, and protecting and restoring EPA anticipates that typical grant Pennsylvania Ave., NW., (4501T), the natural and beneficial uses of awards for the selected watersheds will Washington, DC, 20460; telephone: 202– floodplains. The goal of the Targeted range from $600,000 to $900,000 566–1304; e-mail: Watersheds Grant Program is to advance depending on the amount requested and [email protected] or one of successful partnerships and coalitions the overall size and need of the project. the Regional contacts listed in section that have completed the necessary It is important to note that, even if SUPPLEMENTARY INFORMATION VII of the watershed assessments and have a selected to receive a grant, full funding section below. Additional information, technically sound watershed plan ready of a proposal is not guaranteed, and EPA forms, and any updated guidance will to carry out. This Program is intended reserves the right to make partial be posted on EPA’s Targeted to encourage the kind of pro-active, and awards. For example, the Agency may Watersheds Web site at http:// incentive-based protection and choose not to fund one particular aspect www.epa.gov/owow/watershed/ restoration measures that will yield of the proposal or may choose to initiative. cleaner water and better protected decrease a requested award by a certain SUPPLEMENTARY INFORMATION: ecosystems. percentage. EPA also reserves the right
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8366 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
to reject all proposals and make no the Northern Mariana Islands (40 CFR project cost. EPA encourages applicants awards. 31.3). to leverage as much investment as Interjurisdictional watershed possible. In addition to cash, matching III. Eligibility Information partnerships, that is, those that funds can come from in-kind goods and A. Authority encompass abutting areas and, thus, services, such as the use of volunteers neighboring political authorities, or that and their donated time, equipment, For FY 2005, EPA has been granted transcend international boundaries, are expertise, etc., consistent with the independent authority for the Targeted encouraged. Watershed nominations regulations governing matching fund Watersheds Grant Program. This that encompass more than one requirements (40 CFR 31.24 or 40 CFR authority is contained in the governmental authority will be 30.23). Federal funds may not be used Consolidated Appropriations (Omnibus considered interjurisdictional, provided to meet the match requirement for this Bill), Public Law 108–447. The new that the appropriate water agency in the grant program unless authorized by the authority allows EPA to tailor the scope adjacent jurisdiction is a partner or statute governing their use. of the Targeted Watersheds Grant otherwise supports the project(s). Tribes and Tribal watershed groups Program to better align with the goals of may be exempt from this match C. Eligible Activities the Clean Water Act of fishable, requirement if they are constrained to swimmable waters, and the objectives of EPA will consider any activity, apart such an extent that fulfilling the match the Agency’s strategic plan to protect from those listed below, that will result requirement would impose undue the environment and safeguard human in the protection, preservation, and hardship. Tribes wishing to be exempt health. This clears the way for EPA to restoration of a watershed, that from the minimum 25% match fund a broader range of projects and incorporates a watershed-based requirement must submit a one-page allows the Agency to fund projects that approach, and meets the prescribed written request with justification. directly entail environmental protection criteria, e.g, is well developed and will Exemption requests should be sent and/or restoration activities, most produce measurable environmental directly to the EPA Headquarters specifically, on-the-ground outcomes. Activities proposed for contact listed in section VII, forty-five implementation projects. funding are not necessarily expected to (45) days prior to the nomination address the entire watershed, but are Regulations pertaining to EPA grants deadline. If approved, the nomination expected to have been developed based and other assistance agreements are in will be scored as if it meets the on a comprehensive assessment and Title 40 of the Code of Federal minimum 25% match. plan for the watershed. As such, all Regulations (CFR) parts, 30, 31, and 40. activities must directly support the IV. Application and Submission All costs incurred under this program described watershed plan, and Targeted Information must be allowable under the applicable Watersheds Grant funds must be used in EPA will select watersheds and will OMB Cost Circulars: A–87 (States and accordance with the plan. Examples of award the grants through a national local governments), A–122 (nonprofit selected proposals and funded activities competition. Nominations will be organizations), or A–21 (universities). from 2003 and 2004 can be found on the selected based on the quality of the Copies of these circulars can be found Web site at http://www.epa.gov/owow/ written materials received and at http://www.whitehouse.gov/omb/ watershed/initiative/2003/ and http:// adherence to the selection criteria and circulars/. In accordance with EPA www.epa.gov/owow/watershed/ goals of the Targeted Watersheds Grant policy and the OMB circulars, as initiative/2004/, respectively. Program. Emphasis will be placed on appropriate, any recipient of funding EPA has chosen to declare certain those proposed projects with clear must agree not to use assistance funds activities ineligible for funding. These objectives, measurable environmental for lobbying, fund-raising, or political include any proposals to directly indicators, and an executable activities (e.g., lobbying members of support activities required under the monitoring plan. Funding decisions will Congress or lobbying for other Federal Clean Water Act. This entails funds for be made based on the evaluation criteria grants, cooperative agreements, or the development of Total Maximum outlined in section V.A of this notice. contracts). Daily Loads (TMDLs), and Office of EPA will invite only those nominees B. Eligible Applicants Water regulatory programs including whose proposals are selected under this Phase II Stormwater projects. Proposals Program to submit formal grant Any governmental or nonprofit non- implementing the non-regulatory applications (section VI). governmental entity is eligible to receive component of TMDLs, e.g. the elements a grant under the Targeted Watersheds of a watershed plan that address non- A. Nomination Process Grant Program. Recipients can include: point pollution, however, are eligible. Watersheds must be nominated by States and tribes, public water pollution The construction of buildings or other Governors or Tribal Leaders. (For the control agencies; interstate or inter- major structures, or the purchase of purposes of this notice, a tribal tribal agencies; public or non-profit major equipment or machinery, also nomination may be submitted by an private agencies, institutions, or will not be funded under this Program. elected Tribal Official.) Each Governor organizations; and individuals. All non- Proposals containing subgrant programs or Tribal Leader may prepare or solicit profit watershed organizations are (also called pass-through grants) are watershed proposals from eligible eligible and are encouraged to submit a allowed, but the subgrant portion must entities in a manner most appropriate to nomination. Watershed organizations account for no more than 20% of the their State or tribe, and nominate the that were selected for funding in 2003 requested funding amount. most meritorious to EPA. or 2004 are not eligible. For-profit A Governor or Tribal Leader may commercial entities are ineligible for D. Cost Sharing/Matching Requirements nominate up to two watersheds, each of funding but are strongly encouraged to EPA is requiring applicants to which is wholly within its boundaries, be active partners. The term ‘‘State’’ is demonstrate a minimum non-Federal plus an unlimited number of defined to include the District of match of 25% of the total cost of the interjurisdictional watersheds, i.e., Columbia, Puerto Rico, U.S. Virgin project or projects. This means EPA will those that encompass several States, Islands, Guam, American Samoa, and fund a maximum of 75% of the total Tribes or countries. For
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8367
interjurisdictional watersheds, any of (a) Introduction (2 pages). performance of the projects must be the engaged Governors/Tribal Leaders Characterize the watershed, including measurable by technically sound may submit the nomination. Such any wetlands, and overall watershed practices. watershed nominations must include an planning efforts. Describe what efforts (4) Include a description of expected official endorsement of all partnering have been undertaken to improve environmental outcomes. Describe the States or Tribes in their nomination watershed health, next steps, and future method to measure the environmental package. Governors and Tribal Leaders plans. An assessment of the natural improvement that is expected to result are to submit their watershed resource and environmental conditions, from the project(s) and describe how the nominations to EPA. and an identification of problem sources project(s) will be evaluated. Criteria by B. Content and Form of Nomination and areas for treatment are required. which the project(s) will be judged and Package These include: by which the project will be considered (1) A description of the watershed’s In preparing nomination materials, successful should be incorporated into biological, physical, and, if relevant, the description. nominees should focus on the socio-economic and/or cultural overarching goal by which their overall characteristics. (5) Describe how the projects nomination will be judged, i.e, how the (2) An identification and complement or are consistent with other proposed projects are interrelated to prioritization of the threats and EPA, Federal, and/or State programs or benefit the whole watershed. Within the impairments facing the watershed, mandates. Other Federal contributors or required components outlined below, focusing on those that will be addressed supporting partners should also be nominees should address completely by the proposal. identified. and to the best of their ability, the (3) An overall description of the (c) Description of Outreach Activities criteria the Agency will be using in its watershed plan including short- and (1 page). evaluation as outlined in section V.A long-term watershed goals. Describe the information and outreach below. (4) An identification of the plan that will be used to enhance public Each nomination package must assessments and plans that have been understanding of the watershed and contain the components listed in this completed to date. encourage participation in the local section. Failure to submit any of this (b) Description of the Proposed information ultimately will result in project or projects, and future activities Projects (7 pages). regarding implementing the goals of the disqualification and removal from the Describe the projects to be funded selection process. Conversely, watershed plan. Because the selected under the Targeted Watersheds Grant watersheds are intended to serve as additional, unsolicited material is Program. These should be described in strongly discouraged and any such models for other communities, describe terms of activities that will meet the the outreach plan and how it will material submitted will not be reviewed. stated objectives and yield positive 1. Nomination Letter. A letter signed transfer the knowledge gained from this environmental outcomes. The following by the Governor or Tribal Leader effort to other areas and organizations. information must be included: formally nominating the watershed for 5. Budget. Provide a detailed (1) Describe how the project(s) will consideration for funding must breakdown of cost by category for each improve the identified impairments or accompany each nomination package. project. stream conditions. Explain how the 2. Title Page. The title page must (a) Standard Budget Form. To indicate: (1) The name of the watershed projects fit together and are interrelated to benefit and affect watershed health. facilitate the compilation and review of along with the designated 8-digit financial information, the Agency is Hydrological Unit Code(s) (HUCs); (2) if (2) Describe in detail each project (if more than one) including: (i) A providing a standard form for potential applicable, the impaired waters, such as applicants to use when submitting any degraded stream segments within description of the components and goals of the project(s), (ii) a schedule for project budgets. This form (Table 1) may the project area that are on the State’s be reconstructed or downloaded from 303(d) list; (3) nominee contact implementing the project(s); (iii) a summary of the costs of the project(s) the Targeted Watersheds Web site at information, i.e., name, affiliation, http://www.epa.gov/owow/watershed/ address, telephone, and e-mail of the with reference to the appended itemized budget for details; and (iv) milestones initiative/budget.form. All budget person with whom the Agency should information, including grant correspond; and (4) Internet Web site and dates for determining whether or not the intended goals of the watershed administration costs, matching funds (i.e., URL) of the organization if and other leveraged services, and travel available. HUCs (also known as USGS project(s) are being realized. cost to the annual conference, must be Cataloging Units) and State 303(d) (3) Describe the monitoring and provided on this form. (Information on listings can be found on EPA’s Surf evaluation component along with matching funds and the annual Your Watershed Web site at http:// identified environmental indicators. conference is described in subsections www.epa.gov/surf/locate/index.cfm. Attention should be given to additional 3. Abstract. A 150-word or less pre-project baseline data requirements. (b) and (c) below). Nominees should summary of the nomination. This component must include include cost estimates for each of the 4. Project Description. The narrative performance measures and progress proposed project activities to be description of the proposed activities is goals, as well as a description of how conducted under the grant. Due to the limited to a total of ten, double-spaced the ultimate success of the projects will increase in grant management pages in which the following be measured. Performance measures requirements, EPA suggests that components are addressed. The page must be environmental (e.g., chemical nominees budget up to 15% of the total numbers shown in parentheses for each or microbial levels attained). Other project costs for administrative component listed below are suggested measures to be monitored should be purposes. lengths only, and nominees may adjust infrastructural (e.g., additional Explanations of the costs associated their project description within the 10- partnerships formed) and with each entry should be included in page limit in a manner that best fits implementational (e.g., on-the-ground the narrative portion of the nomination their needs. work performed). The progress and package.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8368 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
TABLE 1.—BUDGET INFORMATION—EPA TARGETED WATERSHEDS GRANT PROGRAM 1
Watershed Project, Activity or Work Plan Element Federal Non-Federal Total
SECTION A—BUDGET SUMMARY
1. $$$ 2. 3. 4.
Totals ...... $ $ $ 1 Excerpted from Standard Form 424A, OMB Circular A–102.
Watershed Project, Activity or Work Plan Element Total Budget Categories (1) (2) (3) (4)
SECTION B—BUDGET CATEGORIES
a. Personnel $$$$$ b. Fringe Benefits c. Travel d. Equipment e. Supplies f. Contractual g. Construction h. Other i. Total Direct Charges (sum line a-h) j. Indirect Charges
Totals (sum line i–j) ...... $$$$$
(b) Matching Requirement. Applicants assistance in Agency grants STORET system will be provided at the must demonstrate a minimum non- management requirements and, most annual conference, as well as Federal match of 25% of the total cost importantly, provide grant recipients information regarding training sessions of the project or projects. This means with opportunities to share successful sponsored by EPA. Watershed EPA will fund a maximum of 75% of approaches with each other and other organizations may also want to contact the total project cost. To determine if peer-to-peer learning opportunities. their State agency responsible for the minimum match is met, the Attendance at the conference will be entering data into the system. More following formulas may be helpful: mandatory and will be one of the Terms information about STORET can be amount ($) requested from EPA × 100 ≤ and Conditions of the grant. The grantee found at http://www.epa.gov/STORET. 75 or will be allowed to use the grant funds 6. Appendices. cost ($) of entire project to pay for travel and lodging. The cost (a) Experience in Grant Management amount ($) requested from EPA = of hosting the conference will be paid (1 page maximum). minimum match ($) for by EPA. If the recipient wishes to To ensure that nominees possess the 3 use the award money for travel management and technical skills For example, a $1.2M grant could be expenses, these costs must be included required to administer the grant, a used to support a $1.6M project in the submitted proposed budget. The description of management experience proposal. Another way of looking at this Agency will make every effort to hold is needed. In a 1-page appendix to the is if the nominee requests $1M, it must the three-day conference in a central project description, provide information be able to provide $333,334.00 in location to minimize travel costs. on the past experience of the project matching funds or services. In this (d) Information Technology. Also as a leader(s) and/or partners in designing, example, the total cost of the proposal Term and Condition of the grant, implementing, coordinating activities, would be just under $1.34M. Please recipients will be required to institute and effectively managing a Federal contact your Regional contact person standardized reporting requirements grant. Identify the entity that will be the listed in section VII if you have any into their workplans and include such grantee and thus responsible for the questions about calculating the match costs in their budgets. All administration of the grant workplan requirement. environmental data will be required to and for being the fiscal agent receiving (c) Annual Conference. Watershed be entered into the Agency’s Storage the funds. Include academic experience organizations selected for grant funding and Retrieval (STORET) data system only if relevant to the proposal. Do not will be required to attend the annual and recipients may need to purchase send resumes. three-day National Targeted Watersheds appropriate ORACLE software. STORET (b) Letter(s) of Support. Conference during each year of the is a repository for water quality, To substantiate the information grant. The purpose of this conference is biological, and other physical data used contained in the narrative portion of the to provide these watershed by State environmental agencies, EPA submission, documentation to verify organizations with training and support and other Federal agencies, universities, partnerships and matching funds is to better restore, protect, and manage private citizens, and many other required. Items that must accompany their watersheds, provide help and organizations. An introduction to the the narrative description and submitted
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8369
as appendices include the following Nominations must be received by EPA Region III—Delaware, Maryland, items. by May 19, 2005. Pennsylvania, Virginia, West (i) Signed letter(s) from active 1. Electronic. EPA is requiring that a Virginia, Washington, DC partners indicating their commitment to portion of the nomination be submitted Ralph Spagnolo; U.S. EPA Region 3; implementing the workplan or for electronically. Please send an electronic Mail Code 3WP12; 1650 Arch specific proposed projects. copy of only the title page, abstract, Street; Philadelphia, PA 19103– (ii) A minimum of one signed letter project description, and budget form to 2029. from an entity committing to provide the electronic mailbox at Region IV—Alabama, Florida, Georgia, matching funds, either in cash or in- [email protected]. Electronic Mississippi, North Carolina, South kind goods and services, including the submissions are limited to 120 KB in Carolina, Kentucky, Tennessee total value of its commitment toward size and one submission per William L. Cox; U.S. EPA Region 4; the projects. nomination. Please do not send maps, Sam Nunn Atlanta Federal Center; (iii) For interjurisdictional letters of support, match certifications, 15th Floor; 61 Forsyth Street, SW.; nominations, a signed letter(s) from the or pictures of any kind via the electronic Atlanta, GA 30303–3104. appropriate organization in the adjacent mailbox. The subject line should be in Region V—Illinois, Indiana, Michigan, State, tribe, or country expressing their the format ‘‘STATE—Watershed Name’’ support and participation in the Minnesota, Ohio, Wisconsin (e.g., MD—Rock Creek). No confidential Paul Thomas; U.S. EPA Region 5; proposed project(s). For example, a business information should be sent via letter from another Governor, Tribal Mail Code WW–16J; 77 W. Jackson e-mail. If unusual or extraordinary leader, State water commissioner, State Blvd; Chicago, IL 60604. circumstances prevent electronic water quality director, environmental Region VI—Louisiana, Texas, submission of the nomination, please director, or similar position in Canada Oklahoma, Arkansas, New Mexico contact the appropriate Regional contact or Mexico is acceptable. Brad Lamb; U.S. EPA Region 6; Mail (c) Map. A map of the watershed and person to discuss alternate Code 6WQ–EW; 1445 Ross Avenue; the proposal work areas is required. arrangements. Dallas, TX 75202. 2. Paper. Two hard copies of the Region VII—Iowa, Kansas, Missouri, C. Format complete nomination package Nebraska Each nomination package must (including all nominating and support Margaret Stockdale; U.S. EPA Region contain: (1) A one-page cover letter letters) are required to be sent by 7; Mail Code WWPD/GPCB; 901 signed by the Governor or Tribal Leader, express mail or courier service. One North 5th Street; Kansas City, KS (2) a title page with appropriate package is to be sent to EPA 66101. Headquarters and the other is to go to information, (3) a 150-word or less Region VIII—Colorado, Montana, North the appropriate Regional Office. All abstract, (4) project description, (5) the Dakota, South Dakota, Utah, names and addresses are listed below. budget form, (6) a one-page description Wyoming Mark all submissions: ATTN: Targeted of grant management experience, (7) Peter Ismert; U.S. EPA Region 8; Mail Watersheds. letter(s) and certification(s) of support, Code 8EPR–EP; 999 18th Street, and (8) maps. The project description of E. Submission Addresses Suite 300; Denver, CO 80202–2466. the nomination must be no more than Region IX—Arizona, California, Hawaii, ten double-spaced pages long, using a Submissions must be delivered to the Nevada, American Samoa, Mariana 12-point conventional font and one inch following: Islands, Guam margins. This section must include all Headquarters: Sam Ziegler; U.S. EPA Region 9; Mail of the required components listed in Carol Peterson, Office of Wetlands, Code WTR–3; 75 Hawthorne Street; section IV.B. To ensure a fair and Oceans, and Watersheds; U.S. EPA; Rm. San Francisco, CA 94105. equitable evaluation of the nominations, 7136; 1301 Constitution Avenue; NW., Region X—Alaska, Idaho, Oregon, please do not exceed the above limits. Washington, DC 20004. Washington A nomination that contains a project EPA Regional Offices: description narrative that exceeds ten Bevin Reid; U.S. EPA Region 10; Mail Region I—Connecticut, Maine, double-spaced pages will not be Code OWW–137; 1200 Sixth Massachusetts, Rhode Island, considered. The title page, abstract, and Avenue; Seattle, WA 98101 Vermont, New Hampshire required appendices will not count F. Checklist toward the 10-page limit. The entire Marilyn Smith-Church; U.S. EPA nomination package should be printed Region 1; 1 Congress Street, Suite To assist nominees in collecting and 1100; Mail Code CWN; Boston, MA on 81⁄2″x11″ paper. formatting their package materials, the 02114–2023. following checklist is provided (Table D. Submission Process Region II—New Jersey, New York, 2). These factors will be used by the EPA invites each Governor and Tribal Puerto Rico, U.S. Virgin Islands Agency in screening the nominations for Leader to submit nominations for grants Cyndy Kopitsky, U.S. EPA Region 2; eligibility. The absence of any of these under the 2005 Targeted Watershed 290 Broadway; 24th Floor; New factors could result in disqualification Grants Program. York, NY 10007–1866; from the onset without notice. TABLE 2.—CHECKLIST OF REQUIRED ELEMENTS
1. Package Components: Nominating letter signed by the Governor or Tribal Leader or Tribal Official ...... b Title page ...... b 150-word Abstract ...... b 10-page Project Description ...... b Budget form ...... b 1-page description of Grant Management Experience ...... b Letter(s) signed by active partners ...... b
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8370 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
TABLE 2.—CHECKLIST OF REQUIRED ELEMENTS—Continued Letter(s) committing matching funds ...... b Letters(s) supporting inter-jurisdictional nominations (if applicable) ...... b Map(s) ...... b 2. Project Description Format: 12-point font size ...... b Double-spaced ...... b 1″ Margins ...... b 81⁄2 x 11″ paper ...... b 3. Match Requirement: 25% Minimum match ...... b Match includes Federal funds and applicant has cited authority ...... b Waiver of match requested due to undue hardship (Tribal only) ...... b 4. Submission: 1 hard copy of all materials sent to EPA Headquarters ...... b 1 hard copy of all materials sent to appropriate EPA Regional Office ...... b Electronic copy of narrative text only sent to [email protected] (subject line: STATE-Watershed Name) ...... b
V. Application Review Information evaluation will focus on the overall (a) Partnerships (5 points). The soundness of the nomination from both reviewers will examine whether the A. Evaluation Criteria an ecological and design perspective watershed nomination incorporates a Watershed nominations will be with an emphasis on those projects that wide variety of public, private, and non- reviewed, evaluated, and scored based can be implemented quickly. In profit participation. The evaluation will on the following criteria with a possible summary, the evaluation will focus on be based on the level to which a total score of 60 points. whether nominees have demonstrated nominee can demonstrate strong and 1. Innovation (10 points). Emphasis an understanding of priority water diverse stakeholder stewardship and will be placed on progressive and resource problems within the support. Reviewers will look for forward-thinking projects and watershed, have substantially watershed nominations that undertake documented, effective working completed the assessment and planning relationships among State, Tribal, and unique, innovative, or novel approaches phase, and are prepared to begin work. to environmental problem-solving. The local entities, along with evidence of (b) Environmental Measures (15 broad-based community involvement. Agency recognizes that there can be points). Under this criterion, a innovative approaches that do not nomination will be evaluated based on (b) Interjurisdictionality (5 points). involve trading. However, for proposals how well it is supported by a clearly Reviewers will evaluate whether the that incorporate trading approaches to articulated set of performance and nomination actively involves more than water quality, EPA will view more progress measures, and identified and one governmental entity, be it favorably projects that have the measurable environmental indicators. A municipal, county, State, Tribal, Federal following characteristics: a TMDL or more detailed monitoring and data or country. Reviewers will look at the other ‘‘cap’’ for the pollutant is either in collection strategy is preferred. depth and breadth of jurisdictional place or is imminent; a pollutant that Reviewers will evaluate the proposal in participation and will also take into comes from numerous (point and relation to its likelihood to achieve consideration any significant parties nonpoint) sources within the watershed predicted measurable, defensible that are noticeably absent in lending and several sources have a pollutant environmental results in a relatively their support of the nomination. control obligation; and some sources short time period, including potentially 4. Outreach (5 points). Proposals will that are likely to have significantly attaining expected outcomes, reaching different control costs to achieve the be evaluated on the design and breadth project goals, and producing on-the- of their outreach program with an desired pollutant reductions. ground, quantifiable environmental 2. Tangible Solutions (total of 30 emphasis on those proposals that change using sound science. points). Nominees will be evaluated demonstrate a clear strategy for based on the extent they demonstrate an (c) Integration (5 points). Reviewers transferring the knowledge and in-depth knowledge of the watershed will evaluate the extent to which the experience garnered over the next few ecology, present a sound approach for proposed project plan provides an years to other watersheds with similar combating threats and impairments, and approach that integrates various tools environmental conditions. Reviewers include a description of how including, but not limited to, those will also assess how the proposal provided by local, State, Tribal and environmental results can be achieved addresses training and educational Federal programs, to solve the and measured. Under this criteria, approaches to disseminating environmental problems. Emphasis will reviewers will focus on the following information about successful be placed on how well the proposal components: approaches and results. (a) Feasibility (10 points). Reviewers demonstrates a thoughtful and a will look at how well developed the strategic approach to problem-solving. 5. Financial Integrity (5 points). The project is, i.e., the readiness of the 3. Broad Support (total of 10 points). evaluation will examine the adequacy of project, technical merit, and expected Acknowledging and responding to the budget information provided, and environmental improvements. The focus representative interests from a broad whether the budget is reasonable and will be on nominations that describe and varied perspective is crucial to any clearly presented. Reviewers will also projects that are part of larger watershed successful watershed enterprise. This consider the extent that the proposal assessments and plans, and reflect a criteria will be based on the nominees exceeds the minimum match watershed-based approach to ability to demonstrate and substantiate requirement or can certify a broad range conservation and restoration. The a strong collaborative effort. of leveraging capacity.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8371
B. Review and Selection Process competitive process and will not receive negotiations between the selected Governors and Tribal Leaders are to preferential consideration based on the nominee and EPA. The designated EPA submit their watershed nominations to applicant’s previous award. Regional Contact listed in section VII will be available to provide additional EPA. Once received by EPA, the VI. Post-Selection Award guidance in completing the grant nominations will undergo four phases of Administration Information review. In phase one, all nominations application, and other necessary forms, will be pre-reviewed, or screened, by A. Applying for a Grant and answering any questions. EPA will EPA Regional staff to determine if they EPA will invite only nominees whose also work with the applicant to comply are eligible, complete, and prepared in proposals are selected to submit grant with the Intergovernmental review accordance with the instructions applications. Once notified that their requirements of Executive Order 12372 and 40 CFR part 29. Grant applicants provided in this notice. If any of the proposal has been selected for funding, will receive a notice of award through required elements of the nomination the nominee will have 60 days to postal mail. The notice of award signed package are inadvertently omitted, EPA complete the formal grant application by the Award Official (or equivalent) in may choose to contact the nominee. In process (i.e., Application for Federal the Grants Administration Division is phase two, each of the Agency’s Assistance, Standard Form 424 et al). the authorizing document, and will be Regional Offices will convene a Review The standard EPA grants application mailed to the individual signing the and Evaluation Panel to initially assess package must be filed according to original application. how well the nominations meet the Agency guidelines. Detailed information evaluation criteria described above. and assistance, including an application B. Administrative and National Policy Based on the panel review and kit, required forms, and a check list, can Requirements recommendations, each Regional be found at http://www.epa.gov/ogd/ Certain quality assurance and/or Administrator will then forward the AppKit/. In anticipation of this process, quality control (QA/QC) and peer Region’s top three candidates to EPA all potential nominees may want to review requirements are applicable to Headquarters Office of Water in explore the above Web site for useful the collection of environmental data. Washington, DC. and pertinent information prior to Applicants should allow sufficient time Phases three and four of the review preparing and submitting their and resources for this process in their process will occur at the national level. nomination materials. proposed projects. Environmental data Upon receipt of the Regional A new policy directive from the are any measurements or information recommendations, the Office of Water Office of Management and Budget that describe environmental processes, will convene a Technical Advisory effective October 1, 2004 requires grant location, or condition; ecological or Panel consisting of representatives from applicants to provide a number from the health effects and consequences; or the the Agency’s Program and Regional Dun and Bradstreet (D&B) Data performance of environmental Offices to review and rank the Universal Numbering System (DUNS) technology. Environmental data also watershed nominations. In addition to when applying for Federal assistance include information collected directly the evaluation criteria listed above, agreements. Organizations can receive a from measurements, produced from factors such as geographic diversity, DUNS number at no cost by calling the models, and obtained from other project diversity, watershed size, urban/ toll free DUNS number request line at sources such as data bases or published rural mix, and cost will be considered 1–866–705–5711. Additional literature. Regulations pertaining to QA/ in ranking nominations. During phase information on obtaining a DUNS QC requirements can be found in 40 four, the National Panel will present its number can also be found at: http:// CFR 30.54 and 31.45. Additional findings and recommendations to the www.dnb.com. guidance can be found at http:// Assistant Administrator of Water for The Catalog of Federal Domestic www.epa.gov/quality/ approval and transmittal to the Assistance number for this program is qa_docs.html#noeparqt. Administrator. The Administrator will 66.439 Targeted Watershed Initiative. make the final decision on the Any disputes regarding proposals or C. Reporting watersheds to be funded. Finalists will applications submitted in response to Project monitoring and reporting be contacted by telephone. All these guidelines will be resolved in requirements can be found in 40 CFR nominees, including those who are not accordance with 40 CFR 30.63 and part 30.50–30.52, 40 CFR 31.40–31.41 and 40 selected for funding, will be notified by 31, subpart F. Applicants will be CFR 40.160.1–40.160.5. In general, mail. notified if dispute provisions change. grantees are responsible for managing EPA expects to announce the selected Applicants should clearly mark the day-to-day operations and activities watershed nominations in the summer information they consider confidential. supported by the grant to assure of 2005. Selected watershed grantees EPA will make final confidentiality compliance with applicable Federal will complete the grant award process, determinations in accordance with requirements, and for ensuring that including final grant workplan regulations in 40 CFR part 2, subpart B. established milestones and performance negotiations through the appropriate Although the selections will be goals are being achieved. Performance EPA Regional Office in the fall of 2005. announced at the national level, reports and financial reports must be In general, grants awarded will be one- Targeted Watershed grants will be submitted quarterly and are due 30 days time awards and grant recipients should awarded and managed by the respective after the reporting period. The format of use the funds within 2–3 years (slightly EPA Regional Offices. Selected these reports will be identified during longer for trading projects). Any nominees may be asked to modify the grant application time frame, and subsequent Targeted Watersheds Grant objectives, workplans, or budgets prior will include reporting on established funding would involve a new call for to final approval of the grant award. The performance measures indicated in the watershed nominations and is exact amount of funds to be awarded, project description (i.e., environmental, predicated on continued appropriations. the final scope of activities, the duration infrastructure, and implementation Therefore, any proposal for work of the projects, and specific role of the measures). The final report is due 90 beyond the initial funding period would EPA Regional Project Officer will be days after the grant has expired. Grant need to be submitted through the determined in the pre-award managers should consult, and work
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8372 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
closely with, their Regional contact ENVIRONMENTAL PROTECTION approved collections of information are person throughout the award period. AGENCY incorporated into the official OMB inventory of currently approved VII. Agency Contacts [FRL–7874–5] collections of information. Copies of the Headquarters: Sadler Drum Superfund Site; Notice of OMB 83–Is and supporting statements Carol Peterson, telephone 202–566– Proposed Settlement and approved collection of information 1034; e-mail instrument(s) are placed into OMB’s [email protected]. AGENCY: Environmental Protection public docket files. The Federal Reserve EPA Regional Offices: Agency. may not conduct or sponsor, and the Region I—Connecticut, Maine, ACTION: Notice of proposed settlement; respondent is not required to respond Massachusetts, Rhode Island, request for public comment. to, an information collection that has Vermont, New Hampshire been extended, revised, or implemented SUMMARY: The United States on or after October 1, 1995, unless it Marilyn Smith-Church or Jerry Environmental Protection Agency is Potamis, telephones 617–918–1133 displays a currently valid OMB control proposing to enter into a settlement for number. and 617–918–1651; e-mails smith- the partial reimbursement of past FOR FURTHER INFORMATION CONTACT: [email protected] and response costs, pursuant to section Federal Reserve Board Clearance Officer [email protected], 122(h)(1) of the Comprehensive – Michelle Long –Division of Research respectively. Environmental Response, and Statistics, Board of Governors of the Region II—New Jersey, New York, Compensation, and Liability Act, as Federal Reserve System, Washington, Puerto Rico, U.S. Virgin Islands amended (‘‘CERCLA’’), 42 U.S.C. Cyndy Kopitsky; telephone 212–637– DC 20551 (202–452–3829). 9622(h)(1), concerning the Sadler Drum OMB Desk Officer – Mark Menchik –– 3832; e-mail Superfund Site in Mulberry, Polk Office of Information and Regulatory [email protected]. County, Florida, with Settling Party, Affairs, Office of Management and Region III—Delaware, Maryland, Leroy Helms, an individual. The Agency Budget, New Executive Office Building, Pennsylvania, Virginia, West will consider public comments on the Room 10235, Washington, DC 20503, or Virginia, Washington, DC proposed settlement until March 21, email to [email protected] Ralph Spagnolo, telephone 215–814– 2005. The Agency will consider all 2718; e-mail comments received and may modify or Final approval under OMB delegated [email protected]. withdraw its consent to the settlement authority of the extension for three Region IV—Alabama, Florida, Georgia, if comments received disclose facts or years, without revision of the following Mississippi, North Carolina, South considerations which indicate that the report: Carolina, Kentucky, Tennessee settlement is inappropriate, improper, Report titles: Registration Statement William L. Cox, telephone 404–562– or inadequate. Copies of the proposed for Persons Who Extend Credit Secured 9351; e-mail [email protected]. settlement are available from: Paula V. by Margin Stock (Other Than Banks, Region V—Illinois, Indiana, Michigan, Batchelor, WMD–SEIMB, U.S. EPA, Brokers, or Dealers); Deregistration Minnesota, Ohio, Wisconsin Region 4, 61 Forsyth Street, SW., Statement for Persons Registered Paul Thomas, telephone 312–886– Atlanta, GA 30303, (404) 562–8887. Pursuant to Regulation U; Statement of 7742; e-mail [email protected]. Written comments may be submitted Purpose for an Extension of Credit Region VI—Louisiana, Texas, to Ms. Batchelor within 30 calendar Secured by Margin Stock by a Person Oklahoma, Arkansas, New Mexico days of the date of this publication. Subject to Registration Under Brad Lamb, telephone 214–665–6683; Dated: February 7, 2005. Regulation U; Annual Report; Statement e-mail [email protected]. Rosalind H. Brown, of Purpose for an Extension of Credit by Region VII—Iowa, Kansas, Missouri, Chief, Superfund Enforcement & Information a Creditor; and Statement of Purpose for Nebraska Management Branch, Waste Management an Extension of Credit Secured by Margaret Stockdale, telephone 913– Division. Margin Stock. 551–7936; e-mail [FR Doc. 05–3182 Filed 2–17–05; 8:45 am] Agency form numbers: FR G–1, FR G– [email protected]. BILLING CODE 6560–50–P 2, FR G–3, FR G–4, FR T–4, FR U–1 OMB control numbers: 7100–0011: FR Region VIII—Colorado, Montana, North G–1, FR G–2, FR G–4; 7100–0018: FR G– Dakota, South Dakota, Utah, 3; 7100–0019: FR T–4; and 7100–0115: Wyoming FEDERAL RESERVE SYSTEM FR U–1 Peter Ismert; telephone 303–312– Frequency: FR G–1, FR G–2, FR G–3, 6215; e-mail [email protected]. Agency Information Collection Activities: Announcement of Board FR T–4, and FR U–1: on occasion FR G– Region IX—Arizona, California, Hawaii, Approval Under Delegated Authority 4: annual Nevada, American Samoa, Mariana and Submission to OMB Reporters: Individuals and business Islands, Guam Annual reporting hours: 1,506 Sam Ziegler, telephone 415–972– AGENCY: Board of Governors of the reporting; 155,147 recordkeeping 3399; e-mail [email protected]. Federal Reserve System Estimated average hours per response: Region X—Alaska, Idaho, Oregon, ACTION: Notice FR G–1: 2.5 hours; FR G–2: 15 minutes; Washington FR G–3: 10 minutes; FR G–4: 2.0 hours; Bevin Reid, telephone 206–553–1566; SUMMARY: Background. Notice is hereby FR T–4: 10 minutes; and FR U–1: 10 e-mail [email protected]. given of the final approval of proposed minutes information collection(s) by the Board of Number of respondents: FR G–1: 39; Dated: February 14, 2005. Governors of the Federal Reserve FR G–2: 103; FR G–3: 278; FR G–4: 691; Benjamin H. Grumbles, System (Board) under OMB delegated FR T–4: 138; and FR U–1: 4,278 Assistant Administrator for Water. authority, as per 5 CFR 1320.16 (OMB General description of report: These [FR Doc. 05–3184 Filed 2–17–05; 8:45 am] Regulations on Controlling Paperwork information collections are mandatory BILLING CODE 6560–50–P Burdens on the Public). Board– (15 U.S.C. §§ 78g). The information in
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8373
the FR G–1 and FR G–4 is given noted, nonbanking activities will be contact Gordon Fisher, Office of the confidential treatment under the conducted throughout the United States. Assistant Secretary for Planning and Freedom of Information Act (5 U.S.C. §§ Additional information on all bank Evaluation, Room 404E, Humphrey 552(b)(4)). The FR G–2 does not contain holding companies may be obtained Building, Department of Health and confidential information. The FR G–3, from the National Information Center Human Services, Washington, DC FR T–4, and FR U–1 are not submitted website at www.ffiec.gov/nic/. 20201—telephone: (202) 690–7507; to the Federal Reserve and, as such, no Unless otherwise noted, comments persons with Internet access may visit issue of confidentiality arises. regarding each of these applications the poverty guidelines Internet site at Abstract: The Securities Exchange Act must be received at the Reserve Bank http://aspe.hhs.gov/poverty. of 1934 authorizes the Board to regulate indicated or the offices of the Board of For information about the Hill-Burton securities credit issued by banks, Governors not later than March 14, Uncompensated Services Program (no- brokers and dealers, and other lenders. 2005. fee or reduced-fee health care services at The purpose statements, FR U–1, FR T– A. Federal Reserve Bank of certain hospitals and other health care 4, and FR G–3, are recordkeeping Minneapolis (Jacqueline G. Nicholas, facilities for certain persons meeting requirements for banks, brokers and Community Affairs Officer) 90 eligibility criteria involving the poverty dealers, and other lenders, respectively, Hennepin Avenue, Minneapolis, guidelines), contact the Office of the to document the purpose of their loans Minnesota 55480–0291: Director, Division of Facilities secured by margin stock. Other lenders 1. Bozeman Bancorp, Inc., Manhattan, Compliance and Recovery, Health also must register and deregister with Montana; to become a bank holding Resources and Services Administration, the Federal Reserve using the FR G–1 company by acquiring 100 percent of HHS, Room 10–105, Parklawn Building, and FR G–2, respectively, and must file the voting shares of Bank of Bozeman, 5600 Fishers Lane, Rockville, Maryland an annual report (FR G–4). The Federal Bozeman, Montana. 20857. To speak to a person, call (301) Reserve uses the data to identify lenders Board of Governors of the Federal Reserve 443–5656. To receive a Hill-Burton subject to Regulation U, to verify System, February 14, 2005. information package, call 1–800–638– compliance with Regulations T, U, and 0742 (for callers outside Maryland) or X, and to monitor margin credit. Robert deV. Frierson, Deputy Secretary of the Board. 1–800–492–0359 (for callers in Board of Governors of the Federal Reserve [FR Doc. 05–3142 Filed 2–17–05; 8:45 am] Maryland), and leave your name and System, February 14, 2005. address on the Hotline recording. BILLING CODE 6210–01–S Jennifer J. Johnson Persons with Internet access may visit Secretary of the Board. the Division of Facilities Compliance and Recovery Internet Home page site at [FR Doc. 05–3143 Filed 2–17–05; 8:45 am] DEPARTMENT OF HEALTH AND http://www.hrsa.gov/osp/dfcr. The BILLING CODE 6210–01–S HUMAN SERVICES Division of Facilities Compliance and Office of the Secretary Recovery notes that as set by 42 CFR FEDERAL RESERVE SYSTEM 124.505(b), the effective date of this Annual Update of the HHS Poverty update of the poverty guidelines for Formations of, Acquisitions by, and Guidelines facilities obligated under the Hill- Mergers of Bank Holding Companies Burton Uncompensated Services AGENCY: Department of Health and The companies listed in this notice Program is sixty days from the date of Human Services. have applied to the Board for approval, this publication. pursuant to the Bank Holding Company ACTION: Notice. For information about the percentage multiple of the poverty guidelines to be Act of 1956 (12 U.S.C. 1841 et seq.) SUMMARY: This notice provides an used on immigration forms such as (BHC Act), Regulation Y (12 CFR Part update of the HHS poverty guidelines to USCIS Form I–864, Affidavit of Support, 225), and all other applicable statutes account for last (calendar) year’s contact U.S. Citizenship and and regulations to become a bank increase in prices as measured by the Immigration Services. To obtain holding company and/or to acquire the Consumer Price Index. assets or the ownership of, control of, or information on the most recent EFFECTIVE DATE: the power to vote shares of a bank or These guidelines go into applicable poverty guidelines from U.S. bank holding company and all of the effect on the day they are published Citizenship and Immigration Services, banks and nonbanking companies (unless an office administering a call 1–800–375–5283. Persons with owned by the bank holding company, program using the guidelines specifies a Internet access may obtain the including the companies listed below. different effective date for that information from the U.S. Citizenship The applications listed below, as well particular program). and Immigration Services Internet site at as other related filings required by the ADDRESSES: Office of the Assistant http://uscis.gov/graphics/howdoi/ Board, are available for immediate Secretary for Planning and Evaluation, affsupp.htm. inspection at the Federal Reserve Bank Room 404E, Humphrey Building, For information about the Department indicated. The application also will be Department of Health and Human of Labor’s Lower Living Standard available for inspection at the offices of Services (HHS), Washington, DC 20201. Income Level (an alternative eligibility the Board of Governors. Interested FOR FURTHER INFORMATION CONTACT: For criterion with the poverty guidelines for persons may express their views in information about how the poverty certain programs under the Workforce writing on the standards enumerated in guidelines are used or how income is Investment Act of 1998), contact Janeice the BHC Act (12 U.S.C. 1842(c)). If the defined in a particular program, contact Youngblood, Employment and Training proposal also involves the acquisition of the Federal (or other) office that is Administration, U.S. Department of a nonbanking company, the review also responsible for that program. Labor—telephone: (202) 693–3606—e- includes whether the acquisition of the For general questions about the mail: [email protected]; nonbanking company complies with the poverty guidelines (but NOT for persons with Internet access may visit standards in section 4 of the BHC Act questions about a particular program the Employment and Training (12 U.S.C. 1843). Unless otherwise that uses the poverty guidelines), Administration’s Lower Living Standard
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8374 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Income Level Internet site at http:// families in poverty. The poverty Persons in family unit Poverty www.doleta.gov/llsil. guideline guidelines issued by the Department of Health and Human Services are used for For information about the number of For family units with more than 8 persons, people in poverty since 1959 or about administrative purposes—for instance, add $3,750 for each additional person. for determining whether a person or the Census Bureau poverty thresholds, family is financially eligible for contact the Housing and Household Separate poverty guideline figures for Alas- ka and Hawaii reflect Office of Economic Op- assistance or services under a particular Economic Statistics Division portunity administrative practice beginning in Federal program. Since the poverty information staff (HHES-Info), Room the 1966Ð1970 period. Note that the Census guidelines in this notice—the 2005 G251, Federal Office Building #3, U.S. Bureau poverty thresholds—the version of the poverty measure used for statistical pur- guidelines—reflect price changes Census Bureau, Washington, DC 20233– poses—have never had separate figures for through calendar year 2004, they are 8500—telephone: (301) 763–3242. Alaska and Hawaii. The poverty guidelines are approximately equal to the poverty Persons with Internet access may visit not defined for Puerto Rico, the U.S. Virgin Is- lands, American Samoa, Guam, the Republic thresholds for calendar year 2004 which the Poverty section of the Census of the Marshall Islands, the Federated States the Census Bureau expects to issue in Bureau’s Internet site at http:// of Micronesia, the Commonwealth of the August 2005. (A preliminary version of www.census.gov/hhes/www/ Northern Mariana Islands, and Palau. In cases the 2004 thresholds is now available in which a Federal program using the poverty from the Census Bureau.) poverty.html or the U.S. Census Bureau guidelines serves any of those jurisdictions, Question and Answer Center at http:// the Federal office that administers the pro- In certain cases, as noted in the ask.census.gov. gram is responsible for deciding whether to relevant authorizing legislation or use the contiguous-states-and-D.C. guidelines program regulations, a program uses the for those jurisdictions or to follow some other poverty guidelines as only one of Poverty procedure. Persons in family unit guideline several eligibility criteria, or uses a The preceding figures are the 2005 percentage multiple of the guidelines 2005 Poverty Guidelines for the 48 Contig- update of the poverty guidelines (for example, 125 percent or 185 percent uous States and the District of Colum- required by section 673(2) of the of the guidelines). Non-Federal bia Omnibus Budget Reconciliation Act organizations that use the poverty (OBRA) of 1981 (Pub. L. 97–35— guidelines under their own authority in 1 ...... $9,570 reauthorized by Pub. L. 105–285, non-Federally-funded activities can 2 ...... 12,830 Section 201 (1998)). As required by law, choose to use a percentage multiple of 3 ...... 16,090 this update reflects last year’s change in the guidelines such as 125 percent or 4 ...... 19,350 the Consumer Price Index (CPI–U); it 185 percent. 5 ...... 22,610 was done using the same procedure In some cases, these poverty 6 ...... 25,870 used in previous years. (The poverty guidelines may not become effective for 7 ...... 29,130 guidelines are calculated each year from a particular program until a regulation 8 ...... 32,390 the latest published Census Bureau or notice specifically applying to the For family units with more than 8 persons, poverty thresholds—not from the program in question has been issued. add $3,260 for each additional person. previous year’s guidelines. Besides the The poverty guidelines given above inflation adjustment, the guidelines are should be used for both farm and non- 2005 Poverty Guidelines for Alaska also rounded and adjusted to farm families. Similarly, these standardize the differences between guidelines should be used for both aged 1 ...... $11,950 family sizes.) and non-aged units. The poverty 2 ...... 16,030 Section 673(2) of OBRA–1981 (42 guidelines have never had an aged/non- 3 ...... 20,110 U.S.C. 9902(2)) requires the use of these aged distinction; only the Census 4 ...... 24,190 poverty guidelines as an eligibility Bureau poverty thresholds have separate 5 ...... 28,270 criterion for the Community Services figures for aged and non-aged one- 6 ...... 32,350 Block Grant program. The poverty person and two-person units. 7 ...... 36,430 guidelines are also used as an eligibility Note that this notice no longer 8 ...... 40,510 criterion by a number of other Federal provides definitions of ‘‘income,’’ programs (both HHS and non-HHS). Due ‘‘family,’’ ‘‘unrelated individual,’’ and For family units with more than 8 persons, to confusing legislative language dating ‘‘household.’’ This is because there are add $4,080 for each additional person. back to 1972, the poverty guidelines no universal administrative definitions have sometimes been mistakenly of these terms that are valid for all 2005 Poverty Guidelines for Hawaii referred to as the ‘‘OMB’’ (Office of programs that use the poverty Management and Budget) poverty guidelines. Since the definitions 1 ...... $11,010 guidelines or poverty line. In fact, OMB previously included were illustrative 2 ...... 14,760 has never issued the guidelines; the only and were not meant to be binding, 3 ...... 18,510 guidelines are issued each year by the it was decided to omit them. To find out 4 ...... 22,260 Department of Health and Human whether income is before taxes or after 5 ...... 26,010 Services. The poverty guidelines may be taxes, or whether a particular type of 6 ...... 29,760 income should be counted in 7 ...... 33,510 formally referenced as ‘‘the poverty determining eligibility for a specific 8 ...... 37,260 guidelines updated periodically in the Federal Register by the U.S. Department program, or for what time period of Health and Human Services under income should be counted, or what the authority of 42 U.S.C. 9902(2).’’ precise definition of ‘‘family’’ or The poverty guidelines are a ‘‘household’’ is used by a particular simplified version of the poverty program, or whether a particular person thresholds that the Census Bureau uses should be counted in determining for statistical purposes—to prepare its income eligibility, please consult the estimates of the number of persons and office or organization administering the
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8375
program in question; that office or Administration and is required in order Management Performance (MCMP) organization has the responsibility for to meet the demands of new legislation. Demonstration—Standardized making decisions about such definitions We cannot reasonably comply with the Ambulatory Care Quality Collection (to the extent that the definition is not normal clearance procedures because of Initiative; Use: The MCMP already contained in legislation or statutory deadlines. Demonstration was authorized by regulations). The Benefits Improvement & Section 649 of the Medicare Protection Act of 2000 mandated the Dated: February 14, 2005. Prescription Drug, Improvement, and Physician Group Practice (PGP) Modernization Act of 2003 (MMA). This Michael O. Leavitt, Demonstration and gave the Secretary project requires the Secretary to Secretary of Health and Human Services. discretion to use quality measures to establish a pay-for-performance 3-year [FR Doc. 05–3144 Filed 2–15–05; 12:57 pm] assess physician performance in order pilot with physicians to promote the BILLING CODE 4154–05–P to reward them for improvements in the quality and efficiency of health care. adoption and use of health information The Medicare Care Management technology to improve the quality of DEPARTMENT OF HEALTH AND Performance (MCMP) Demonstration patient care for chronically ill Medicare HUMAN SERVICES was authorized by Section 649 of the patients. This demonstration represents Medicare Prescription Drug, the first pay for performance project Centers for Medicare and Medicaid Improvement, and Modernization Act of fostering the adoption of health Services 2003 (MMA). The project requires the information technology in small [Document Identifier: CMS–10134 and CMS– Secretary to establish a pay-for- physician group practices and will 10138] performance 3-year pilot with enable a test of the concept to improve physicians to promote the adoption and the quality and efficiency of care in Fee- Emergency Clearance: Public use of health information technology to for-Service (FFS) Medicare.; Form Information Collection Requirements improve the quality of patient care for Number: CMS–10138 (OMB# 0938– Submitted to the Office of Management chronically ill Medicare patients. The NEW); Frequency: Annually; Affected and Budget (OMB) mandate specifies that rewards shall be Public: Business or other for-profit and based on the electronic reporting of Not-for-profit institutions; Number of AGENCY: Centers for Medicare and clinical quality and outcomes measures Respondents: 800; Total Annual Medicaid Services. in accordance with requirements Responses: 800; Total Annual Hours: In compliance with the requirement established by the Secretary under the of section 3506(c)(2)(A) of the demonstration program. 15,200. Paperwork Reduction Act of 1995, the CMS is requesting OMB review and To obtain copies of the supporting Centers for Medicare and Medicaid approval of this collection by April 1, statement and any related forms for the Services (CMS), Department of Health 2005, with a 180-day approval period. proposed paperwork collections and Human Services, is publishing the Written comments and recommendation referenced above, access CMS’s Web following summary of proposed will be considered from the public if Site address at http://cms.hhs.gov/ collections for public comment. received by the individuals designated regulations/pra/, or E-mail your request, Interested persons are invited to send below by March 18, 2005. including your address, phone number, comments regarding this burden 1. Type of Information Collection OMB number, and CMS document estimate or any other aspect of this Request: New collection; Title of identifier, to [email protected], collection of information, including any Information Collection: Physician Group or call the Reports Clearance Office on of the following subjects: (1) The Practice (PGP) Standardized (410) 786–1326. necessity and utility of the proposed Ambulatory Care Quality Measure information collection for the proper Collection Initiative; Use: The Benefits Interested persons are invited to send performance of the agency’s functions; Improvement & Protection Act of 2000 comments regarding the burden or any (2) the accuracy of the estimated mandated the Physician Group Practice other aspect of these collections of burden; (3) ways to enhance the quality, (PGP) Demonstration and gave the information requirements. However, as utility, and clarity of the information to Secretary discretion to use quality noted above, comments on these be collected; and (4) the use of measures to assess physician information collection and automated collection techniques or performance in order to reward them for recordkeeping requirements must be other forms of information technology to improvements in the quality and received by the designees referenced minimize the information collection efficiency of health care. This below by March 18, 2005: CMS, Office burden. demonstration is intended to strengthen of Strategic Operations and Regulatory We are, however, requesting an the Medicare program by offering Affairs, Division of Regulations emergency review of the information innovative models to people on Development, Attention: Dawn collections referenced below. In Medicare that improve quality and Willinghan, CMS–10134 and CMS– compliance with the requirement of access and lower costs. As a result, 10138, Room C5–14–03, 7500 Security section 3506(c)(2)(A) of the Paperwork people on Medicare will directly benefit Boulevard, Baltimore, Maryland 21244– Reduction Act of 1995, we have from these innovative models.; Form 1850; and, Office of Information and submitted to the Office of Management Number: CMS–10134 (OMB#: 0938– Regulatory Affairs, Office of and Budget (OMB) the following NEW); Frequency: Annually; Affected requirements for emergency review. We Public: Business or other for-profit and Management and Budget, Room 10235, are requesting an emergency review Not-for-profit institutions; Number of New Executive Office Building, because the collection of this Respondents: 10; Total Annual Washington, DC 20503, Attn.: information is needed before the Responses: 10; Total Annual Hours: Christopher Martin, Desk Officer, Fax # expiration of the normal time limits 790. 202–395–6974. under OMB’s regulations at 5 CFR part 2. Type of Information Collection 1320. This is necessary to ensure Request: New collection; Title of compliance with an initiative of the Information Collection: Medicare Care
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8376 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Dated: February 8, 2005. Responses: 62,500; Total Annual Hours: regulations/pra/, or e-mail your request, John P. Burke, III, 31,250. including your address, phone number, CMS Paperwork Reduction Act Reports 2. Type of Information Collection OMB number, and CMS document Clearance Officer, Office of Strategic Request: Revision of a currently identifier, to [email protected], Operations and Regulatory Affairs, approved collection; Title of or call the Reports Clearance Office on Regulations Development Group. Information Collection: Hospital and (410) 786–1326. [FR Doc. 05–3044 Filed 2–17–05; 8:45 am] Health Care Complexes Cost Report and Written comments and BILLING CODE 4320–03–P Supporting Regulations in 42 CFR recommendations for the proposed 413.20 and 413.24; Use: This form is information collections must be mailed completed by Hospitals and Health Care within 30 days of this notice directly to DEPARTMENT OF HEALTH AND Complexes participating in the the OMB desk officer: OMB Human HUMAN SERVICES Medicare program. Hospitals and Health Resources and Housing Branch, Care Complexes use this form to report Attention: Christopher Martin, New Centers for Medicare & Medicaid the health care costs for services they Executive Office Building, Room 10235, Services provide. The information reported on Washington, DC 20503. this form is used by CMS to determine [Document Identifier: CMS–10115, CMS– Dated: February 11, 2005. 2552 and CMS–R–148] the amount of reimbursable costs for services rendered to Medicare Michelle Shortt, Agency Information Collection beneficiaries. The revisions to this form Acting Director, Regulations Development Activities: Submission for OMB contain the provisions for implementing Group, Office of Strategic Operations and Review; Comment Request section 422 of the MMA. Section 422 Regulatory Affairs. deals with the calculation of GME and [FR Doc. 05–3127 Filed 2–17–05; 8:45 am] AGENCY: Centers for Medicare & IME payments for redistribution of BILLING CODE 4120–03–P Medicaid Services. unused resident slots; Form Number: In compliance with the requirement CMS–2552–96 (OMB# 0938–0050); of section 3506(c)(2)(A) of the Frequency: Annually; Affected Public: DEPARTMENT OF HEALTH AND Paperwork Reduction Act of 1995, the Business or other for-profit, Not-for- HUMAN SERVICES Centers for Medicare & Medicaid profit institutions, and State, local or Food and Drug Administration Services (CMS), Department of Health tribal government; Number of and Human Services, is publishing the Respondents: 6,111; Total Annual following summary of proposed Nonprescription Drugs Advisory Responses: 6,111; Total Annual Hours: Committee; Notice of Meeting collections for public comment. 4,046,782. Interested persons are invited to send 3. Type of Information Collection AGENCY: Food and Drug Administration, comments regarding this burden Request: Reinstatement, without change, HHS. estimate or any other aspect of this of a previously approved collection for ACTION: Notice. collection of information, including any which approval has expired; Title of of the following subjects: (1) The Information Collection: Limitations on This notice announces a forthcoming necessity and utility of the proposed Provider Related Donations and Health meeting of a public advisory committee information collection for the proper Care Related Taxes; Limitation on of the Food and Drug Administration performance of the agency’s function; payments to Disproportionate Share (FDA). The meeting will be open to the (2) the accuracy of the estimated Hospitals; Medicaid and Supporting public. burden; (3) ways to enhance the quality, Regulations in 42 CFR 433.68, 433.74, Name of Committee: Nonprescription utility, and clarity of the information to and 447.272; Use: This information Drugs Advisory Committee. be collected; and (4) the use of collection is necessary to ensure General Function of the Committee: automated collection techniques or compliance with Sections 1903 and To provide advice and other forms of information technology to 1923 of the Social Security Act for the recommendations to the agency on minimize the information collection purpose of preventing payment of FDA’s regulatory issues. burden. federal financial participation on Date and Time: The meeting will be 1. Type of Information Collection amounts prohibited by the statute. State held on March 23, 2005, from 8 a.m. to Request: Extension of a currently Medicaid agencies must report quarterly 5:30 p.m. approved collection; Title of on the source of provider related Location: Hilton Washington DC Information Collection: Federal Funding donations received by the State or unit North, The Ballrooms, 620 Perry Pkwy., of Emergency Health Services (Section of local government, and health care Gaithersburg, MD. 1011): Enrollment Application; Use: related taxes collected. Failure to collect Contact Person: Shalini Jain, Center These information collections will allow the funding data on a quarterly basis for Drug Evaluation and Research (HFD– hospitals and other providers to enroll may result in Federal funds not being 21), Food and Drug Administration, to receive payment for Section 1011 returned promptly and properly to the 5600 Fishers Lane (for express delivery: claim submissions. Section 1011 Federal Government; Form Number: 5630 Fishers Lane, rm. 1093) Rockville, provides $250 million per year for fiscal CMS–R–148 (OMB#: 0938–0618); MD 20857, 301–827–7001, FAX: 301– years 2005–2008 for payments to Frequency: Quarterly and as needed; 827–6801, e-mail: [email protected], or eligible providers for emergency health Affected Public: State, Local or Tribal FDA Advisory Committee Information services provided to undocumented Government; Number of Respondents: Line, 1–800–741–8138 (301–443–0572 aliens and other specified aliens; Form 50; Total Annual Responses: 40; Total in the Washington, DC area), code Number: CMS–10115 (OMB#: 0938– Annual Hours: 3,200. 3014512541. Please call the Information 0929); Frequency: Other: as needed; To obtain copies of the supporting Line for up-to-date information on this Affected Public: Business or other for- statement and any related forms for the meeting. profit, Not-for-profit institutions, and proposed paperwork collections Agenda: On March 23, 2005, the State, local or tribal govt.; Number of referenced above, access CMS Web Site committee will discuss the Respondents: 62,500; Total Annual address at http://www.cms.hhs.gov/ microbiologic surrogate endpoints used
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8377
to demonstrate the effectiveness of ACTION: Notice. FDA welcomes the attendance of the antiseptic products used in health care public at its advisory committee settings. The discussion will also focus This notice announces a forthcoming meetings and will make every effort to on related public health issues, trial meeting of a public advisory committee accommodate persons with physical design, and statistical issues. The of the Food and Drug Administration disabilities or special needs. If you background material will become (FDA). The meeting will be open to the require special accommodations due to available no later than the day before public. a disability, please contact Christine the meeting and will be posted under Name of Committee: Vaccines and Walsh or Denise Royster at least 7 days the Nonprescription Drugs Advisory Related Biological Products Advisory in advance of the meeting. Committee (NDAC) on FDA’s Web site Committee. Notice of this meeting is given under General Function of the Committee: at http://www.fda.gov/ohrms/dockets/ the Federal Advisory Committee Act (5 To provide advice and ac/acmenu.htm. (Click on the year 2005 U.S.C. app. 2). recommendations to the agency on and scroll down to NDAC). FDA’s regulatory issues. Dated: February 10, 2005. Procedure: Interested persons may Date and Time: The meeting will be Sheila Dearybury Walcoff, present data, information, or views, held on March 15, 2005, from 8:30 a.m. Associate Commissioner for External orally or in writing, on issues pending to approximately 5:40 p.m. Relations. before the committee. Written Location: Holiday Inn Select [FR Doc. 05–3180 Filed 2–17–05; 8:45 am] submissions may be made to the contact Bethesda, 8120 Wisconsin Ave., BILLING CODE 4160–01–S person by March 16, 2005. Oral Bethesda, MD. presentations from the public will be Contact Person: Christine Walsh or scheduled between approximately 1 Denise Royster, Center for Biologics DEPARTMENT OF HEALTH AND p.m. and 2 p.m. on March 23, 2005. Evaluation and Research (HFM–71), HUMAN SERVICES Time allotted for each presentation may Food and Drug Administration, 1401 be limited. Those desiring to make Rockville Pike, Rockville, MD 20852, Food and Drug Administration formal oral presentations should notify 301–827–0314, or FDA Advisory [Docket No. 2005D–0043] the contact person before March 16, Committee Information Line, 1–800– 2005 and submit a brief statement of the 741–8138 (301–443–0572 in the Blood Pressure Measurement Devices general nature of the evidence or Washington, DC area), code (Sphygmomanometers)—Accuracy; arguments they wish to present, the 3014512391. Please call the Information Draft Revised Compliance Policy names and addresses of proposed Line for up-to-date information on this Guide; Availability participants, and an indication of the meeting. approximate time requested to make Agenda: The committee will review AGENCY: Food and Drug Administration, their presentation. safety and immunogenicity for two HHS. Persons attending FDA’s advisory Tetanus Toxoid, Reduced Diptheria ACTION: Notice. committee meetings are advised that the Toxoid and Acellular Pertussis Vaccine, SUMMARY: agency is not responsible for providing Absorbed (Tdap) vaccines. In the The Food and Drug access to electrical outlets. morning the committee will review Administration (FDA) is announcing the availability of a draft revised guidance FDA welcomes the attendance of the safety and immunogenicity data for a for FDA staff and industry entitled public at its advisory committee Tdap vaccine manufactured by ‘‘Compliance Policy Guide (CPG) Sec. meetings and will make every effort to GlaxoSmithKline Biologicals. In the 310.210 Blood Pressure Measurement accommodate persons with physical afternoon the committee will review Devices (Sphygmomanometers)— disabilities or special needs. If you safety and immunogenicity data for a Accuracy (CPG 7124.23).’’ This draft require special accommodations due to Tdap vaccine manufactured by Aventis CPG provides guidance concerning a disability, please contact LaNise Giles, Pasteur Ltd. accuracy and exhaust rate criteria for at least 7 days in advance of the Procedure: Interested persons may sphygmomanometers. This draft meeting. present data, information, or views, guidance is being issued for public Notice of this meeting is given under orally or in writing, on issues pending before the committee. Written comment only and will not be the Federal Advisory Committee Act (5 implemented until a final CPG is U.S.C. app. 2). submissions may be made to the contact person by March 8, 2005. Oral announced in the Federal Register. Dated: February 10, 2005. presentations from the public will be DATES: Submit written or electronic Sheila Dearybury Walcoff, scheduled between approximately 11:10 comments on the draft guidance by May Associate Commissioner for External a.m. and 11:40 a.m., and approximately 19, 2005. Relations. 4:10 p.m. and 4:40 p.m. Time allotted ADDRESSES: Submit written requests for [FR Doc. 05–3115 Filed 2–17–05; 8:45 am] for each presentation may be limited. single copies of the draft guidance to the BILLING CODE 4160–01–S Those desiring to make formal oral Division of Compliance Policy (HFC– presentations should notify the contact 230), Office of Regulatory Affairs, Food person before March 8, 2005, and and Drug Administration, 5600 Fishers DEPARTMENT OF HEALTH AND submit a brief statement of the general Lane, Rockville, MD 20857, or FAX your HUMAN SERVICES nature of the evidence or arguments request to 240–632–6861. Submit Food and Drug Administration they wish to present, the names and written comments on the draft guidance addresses of proposed participants, and to the Division of Dockets Management Vaccines and Related Biological an indication of the approximate time (HFA–305), Food and Drug Products Advisory Committee; Notice requested to make their presentation. Administration, 5630 Fishers Lane, rm. of Meeting Persons attending FDA’s advisory 1061, Rockville, MD 20852. Submit committee meetings are advised that the electronic comments to http:// AGENCY: Food and Drug Administration, agency is not responsible for providing www.fda.gov/dockets/ecomments. See HHS. access to electrical outlets. the SUPPLEMENTARY INFORMATION section
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8378 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
for electronic access to the draft is published in the Federal Register for on Plasmid DNA Vaccines for guidance. the final document will the agency Preventive Infectious Disease FOR FURTHER INFORMATION CONTACT: implement the guidance. Indications’’ dated December 1996. Jeffrey B. Governale, Division of III. Comments DATES: Submit written or electronic comments on the draft guidance by May Compliance Policy (HFC–230), Office of Interested persons may submit to the 19, 2005, to ensure their adequate Enforcement, Office of Regulatory Division of Dockets Management (see consideration in preparation of the final Affairs, Food and Drug Administration, ADDRESSES ) written or electronic guidance. General comments on agency 5600 Fishers Lane, Rockville, MD comments regarding this document. 20857, 240–632–6851. guidance documents are welcome at any Submit a single copy of electronic time. SUPPLEMENTARY INFORMATION: comments or two paper copies of any ADDRESSES: Submit written requests for I. Background mailed comments, except that individuals may submit one paper copy. single copies of the draft guidance to the In 1992 and 1994, the Association for Comments are to be identified with the Office of Communication, Training, and the Advancement of Medical docket number found in brackets in the Manufacturers Assistance (HFM–40), Instrumentation (AAMI) issued two heading of this document. The agency Center for Biologics Evaluation and revised standards that were approved by will review all comments, but in issuing Research (CBER), Food and Drug the American National Standards final guidance, need not specifically Administration, 1401 Rockville Pike, Institute (ANSI) namely, ‘‘ANSI/AAMI address each comment. If appropriate, Rockville, MD 20852–1448. Send one SP9–1994 American National Standard the agency will make changes to the self-addressed adhesive label to assist Non-Automated Sphygmomanometers’’ guidance in response to comments. The the office in processing your requests. and ‘‘ANSI/AAMI SP10–1992 American draft guidance and received comments The draft guidance may also be obtained National Standard for Electronic or may be seen in the Division of Dockets by mail by calling the CBER Voice Automated Sphygmomanometers.’’ Management between 9 a.m. and 4 p.m., Information System at 1–800–835–4709 As amended by the FDA Monday through Friday. or 301–827–1800. See the Modernization Act of 1997 (FDAMA), SUPPLEMENTARY INFORMATION section for section 514(c) of the Federal Food, Drug, IV. Electronic Access electronic access to the draft guidance and Cosmetic Act (21 U.S.C. 360d(c)) Persons with access to the Internet document. allows FDA to recognize consensus may obtain the draft guidance at Submit written comments on the draft standards, established by international http://www.fda.gov/ora/compliance_ref/ guidance to the Division of Dockets and national standard development revisions.htm. Management (HFA–305), Food and Drug organizations, for use in satisfying Dated: February 10, 2005. Administration, 5630 Fishers Lane, rm. portions of device premarket review John Marzilli, 1061, Rockville, MD 20852. Submit submissions or other requirements. FDA electronic comments to http:// now recognizes the complete standards Acting Associate Commissioner for Regulatory Affairs. www.fda.gov/dockets/ecomments. ANSI/AAMI SP9–1994 and ANSI/AAMI FOR FURTHER INFORMATION CONTACT: SP10–1992 for the purpose of premarket [FR Doc. 05–3116 Filed 2–17–05; 8:45 am] BILLING CODE 4160–01–S Joseph L. Okrasinski, Jr., Center for clearance (63 FR 55617, October 16, Biologics Evaluation and Research 1998; 67 FR 1774, January 14, 2002). To (HFM–17), Food and Drug be consistent with current industry DEPARTMENT OF HEALTH AND Administration, 1401 Rockville Pike, practice, FDA intends to use the HUMAN SERVICES Rockville, MD 20852–1448, 301–827– accuracy and exhaust rate criteria 6210. identified in these recognized consensus Food and Drug Administration standards as guidance for testing, SUPPLEMENTARY INFORMATION: [Docket No. 2005D–0047] surveillance, and compliance purposes, I. Background as well as for premarket clearance. Draft Guidance for Industry: Therefore, this draft revised guidance FDA is announcing the availability of Considerations for Plasmid reflects the accuracy and exhaust rate a draft document entitled ‘‘Guidance for Deoxyribonucleic Acid Vaccines for criteria in the currently recognized Industry: Considerations for Plasmid Infectious Disease Indications; revisions of these two voluntary DNA Vaccines for Infectious Disease Availability standards. Indications’’ dated February 2005. The AGENCY: draft guidance is intended to assist II. Significance of Guidance Food and Drug Administration, HHS. manufacturers and/or sponsors in the This draft guidance represents the ACTION: Notice. development and testing of DNA agency’s current thinking on this topic. vaccines to prevent infectious diseases. It does not create or confer any rights for SUMMARY: The Food and Drug The document describes the or on any person and does not operate Administration (FDA) is announcing the manufacturing information that should to bind FDA or the public. An availability of a draft document entitled be submitted to CBER for a new DNA alternative approach may be used if ‘‘Guidance for Industry: Considerations vaccine product for clinical study under such approach satisfies the for Plasmid DNA Vaccines for Infectious an investigational new drug application requirements of the applicable statutes Disease Indications’’ dated February (IND). Plasmid DNA products intended and regulations. 2005. The draft guidance document is for non-infectious therapeutic In accordance with FDA’s good intended to assist manufacturers and/or indications are not addressed in the guidance practices regulation (21 CFR sponsors in the development and testing draft guidance. The draft guidance, 10.115), this draft document is of deoxyribonucleic acid (DNA) when finalized, will update and replace considered a level 1 guidance. This draft vaccines to prevent infectious diseases. the guidance document entitled ‘‘Points guidance is being issued for public The draft guidance, when finalized, will to Consider on Plasmid DNA Vaccines comment only and is not in effect at this update and replace the guidance for Preventive Infectious Disease time. Only after a notice of availability document entitled ‘‘Points to Consider Indications’’ dated December 1996.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8379
The draft guidance is being issued DEPARTMENT OF HEALTH AND FR 64607), modified annual report consistent with FDA’s good guidance HUMAN SERVICES requirements for new drug applications practices regulation (21 CFR 10.115). (NDAs) and abbreviated new drug The draft guidance, when finalized, will Food and Drug Administration applications (ANDAs) by revising represent the agency’s current thinking [Docket No. 2005N–0049] § 314.81(b)(2)(vii) (21 CFR on this topic. It does not create or confer 314.81(b)(2)(vii)). The rule also created any rights for or on any person and does Report on the Performance of Drug a new annual reporting requirement for not operate to bind FDA or the public. and Biologics Firms in Conducting biologics license applications (BLAs) by An alternative approach may be used if Postmarketing Commitment Studies; establishing § 601.70 (21 CFR 601.70). These regulations became effective on such approach satisfies the requirement Availability April 30, 2001. The regulations apply of the applicable statutes and AGENCY: Food and Drug Administration, only to human drug and biological regulations. HHS. products. They do not apply to animal II. Comments ACTION: Notice of availability. drug or to biological products that also meet the definition of a medical device. SUMMARY: The Food and Drug The draft guidance is being Sections 314.81(b)(2)(vii) and 601.70 Administration (FDA) is required, under distributed for comment purposes only apply to postmarketing commitments the Food and Drug Administration and is not intended for implementation made on or before enactment of the Modernization Act of 1997 Modernization Act (November 21, 1997) at this time. Interested persons may (Modernization Act), to report annually as well as those made after that date. submit to the Division of Dockets in the Federal Register on the status of Sections 314.81(b)(2)(vii) and 601.70 Management (see ADDRESSES) written or postmarketing study commitments require applicants of approved drug and electronic comments regarding the draft made by sponsors of approved drug and biological products to submit annually a guidance. Submit written or electronic biological products. This is the agency’s report on the status of each clinical comments to ensure adequate report on the status of the studies consideration in preparation of the final safety, clinical efficacy, clinical sponsors have agreed to or are required pharmacology, and nonclinical guidance. Submit a single copy of to conduct. toxicology study that is required by FDA electronic comments or two paper FOR FURTHER INFORMATION CONTACT: Beth (e.g., accelerated approval clinical copies of any mailed comments, except Duvall-Miller, Center for Drug benefit studies) or that they have that individuals may submit one paper Evaluation and Research (HFD–20), committed to conduct either at the time copy. Comments are to be identified Food and Drug Administration, 5515 of approval or after approval of their with the docket number found in the Security Lane, Rockville, MD 20852, NDA, ANDA, or BLA. The status of brackets in the heading of this 301–594–3937; or Robert Yetter, Center other types of postmarketing document. A copy of the draft guidance for Biologics Evaluation and Research commitments (e.g., those concerning and received comments are available for (HFM–25), Food and Drug chemistry, manufacturing, production public examination in the Division of Administration, 1400 Rockville Pike, controls, and studies conducted on an Dockets Management between 9 a.m. Rockville, MD 20852, 301–827–0373. applicant’s own initiative) are not and 4 p.m., Monday through Friday. SUPPLEMENTARY INFORMATION: required to be reported under I. Background §§ 314.81(b)(2)(vii) and 601.70, and are III. The Paperwork Reduction Act of not addressed in this report. It should be 1995 Section 130(a) of the Modernization noted, however, that applicants are Act (Public Law 105–115) amended the This guidance contains information required to report to FDA on these Federal Food, Drug, and Cosmetic Act commitments made for NDAs and collection provisions that are subject to (the act) by adding a new provision ANDAs under § 314.81(b)(2)(viii). review by the Office of Management and requiring reports of certain According to the regulations, once a Budget (OMB) under the Paperwork postmarketing studies (section 506B of postmarketing study commitment has Reduction Act of 1995 (44 U.S.C. 3501– the act (21 U.S.C. 356b)) for human drug been made, an applicant must report on 3520). The collection(s) of information and biological products. Section 506B of the progress of the commitment on the mentioned in the guidance regarding the the act provides FDA with additional anniversary of the product’s approval submission of manufacturer’s authority to monitor the progress of a until the postmarketing study information in an IND was approved postmarketing study commitment that commitment is completed or under OMB control number 0910–0014. an applicant has been required or has terminated, and FDA determines that agreed to conduct by requiring the the postmarketing study commitment IV. Electronic Access applicant to submit a report annually has been fulfilled or that the Persons with access to the Internet providing information on the status of postmarketing study commitment is may obtain the draft guidance at either the postmarketing study commitment. either no longer feasible or would no http://www.fda.gov/cber/guidelines.htm This report must also include reasons, if longer provide useful information. The or http://www.fda.gov/ohrms/dockets/ any, for failure to complete the annual progress report must include a commitment. description of the postmarketing study default.htm. In the Federal Register of December 1, commitment, a schedule for completing Dated: February 8, 2005. 1999 (64 FR 67207), FDA published a the study commitment, and a Jeffrey Shuren, proposed rule providing a framework characterization of the current status of Assistant Commissioner for Policy. for the content and format of the annual the study commitment. The report must [FR Doc. 05–3106 Filed 2–17–05; 8:45 am] progress report. The proposed rule also also provide an explanation of the clarified the scope of the reporting postmarketing study commitment’s BILLING CODE 4160–01–S requirement and the timing for status by describing briefly the submission of the annual progress postmarketing study commitment’s reports. The final rule, published in the progress. A postmarketing study Federal Register of October 30, 2000 (65 commitment schedule is expected to
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8380 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
include the actual or projected dates for Research (CBER). Information in this postmarketing study commitments the following items: (1) Submission of report covers any postmarketing study containing proprietary information. It is the study protocol to FDA; (2) commitment that was made, in writing, FDA policy not to post information on completion of patient accrual or at the time of approval or after approval the Web site until it has been reviewed initiation of an animal study; (3) of an application or a supplement to an for accuracy. The numbers published in completion of the study; and (4) application, including those required this notice cannot be compared with the submission of the final study report to (e.g., to demonstrate clinical benefit of numbers resulting from searches of the FDA. The postmarketing study a product following accelerated Web site. This notice incorporates totals commitment status must be described in approval) and those agreed to with the for all postmarketing study the annual report according to the applicant. Information summarized in commitments in FDA databases, following definitions: this report includes the following items: including those undergoing review for • Pending: The study has not been (1) The number of applicants with open accuracy. The report in this notice is initiated, but does not meet the criterion (uncompleted) postmarketing updated annually while the Web site is for delayed; commitments; (2) the number of open updated quarterly (in April, July, • Ongoing: The study is proceeding postmarketing commitments; (3) the October, and January). according to or ahead of the original status of open postmarketing II. Summary of Information From schedule; commitments as reported in Postmarketing Study Progress Reports • Delayed: The study is behind the § 314.81(b)(2)(vii) or § 601.70 annual original schedule; reports; (4) the status of concluded This report summarizes the status of • Terminated: The study was ended postmarketing studies as determined by postmarketing commitments as of before completion, but a final study FDA; and (5) the number of applications September 30, 2004. If a commitment report has not been submitted to FDA; with open postmarketing commitments did not have a schedule or a or for which sponsors did not submit an postmarketing progress report was not • Submitted: The study has been annual report within 60 days of the received, the commitment is categorized completed or terminated, and a final anniversary date of U.S. approval. according to the most recent study report has been submitted to FDA. Additional information about information available to the agency. Databases containing information on postmarketing study commitments Data in table 1 of this document are postmarketing study commitments are made by sponsors to CDER and CBER numerical summaries generated from maintained at the Center for Drug are provided on FDA’s Web site at FDA databases. The data are broken out Evaluation and Research (CDER) and the http://www.fda.gov/cder. Like this according to application type (NDAs/ Center for Biologics Evaluation and notice, the site does not list ANDAs or BLAs). TABLE 1.—SUMMARY OF POSTMARKETING STUDY COMMITMENTS (NUMBERS AS OF SEPTEMBER 30, 2004)
NDAs/ANDAs BLAs1 (% of Total) (% of Total)
Applicants with Open Postmarketing Commitments 54 46
Number of Open Postmarketing Commitments 1,191 288
Status of Open Postmarketing Commitments • Pending 812 (68%) 69 (24%) • Ongoing 219 (18%) 114 (40%) • Delayed 15 (1%) 37 (13%) • Terminated 2 (<1%) 1 (<1%) • Submitted 143 (12%) 67 (23%)
Concluded Studies (October 1, 2003, through September 30, 2004) 157 62 • Commitment Met 114 (73%) 45 (73%) • Commitment Not Met 00 • Study No Longer Needed or Feasible 43 (27%) 17 (27%)
Applications with Open Postmarketing Commitments with Annual Reports Due but Not Submitted within 60 Days of the Anniversary Date of U.S. Approval 18 (16%) 51 (66%) 1 On October 1, 2003, FDA completed a consolidation of certain products formerly regulated by CBER into CDER. The previous association of BLA reviews only with CBER is no longer valid; BLAs are now received by both CBER and CDER. Fiscal year statistics for CDER BLA post- marketing study commitments will continue to be counted under BLA totals in this table.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8381
Dated: February 10, 2005. SUPPLEMENTARY INFORMATION: This good http://www.fda.gov/cder/guidance/ Jeffrey Shuren, review practice (GRP) guidance is index.htm or http://www.fda.gov/ Associate Commissioner for Policy. intended to assist reviewers conducting ohrms/dockets/default.htm. [FR Doc. 05–3221 Filed 2–17–05; 8:45 am] clinical safety reviews as part of the new Dated: February 10, 2005. BILLING CODE 4160–01–S drug application (NDA) and biologics Jeffrey Shuren, license application (BLA) review Assistant Commissioner for Policy. process. The guidance provides [FR Doc. 05–3181 Filed 2–17–05; 8:45 am] DEPARTMENT OF HEALTH AND standardization and consistency in the HUMAN SERVICES format and content of safety reviews and BILLING CODE 4160–01–S will help ensure that critical Food and Drug Administration presentations and analyses are not DEPARTMENT OF HEALTH AND inadvertently omitted. The standardized [Docket No. 2005D–0057] HUMAN SERVICES structure of this guidance will enable Reviewer Guidance on Conducting a subsequent reviewers and other readers Health Resources and Services Clinical Safety Review of a New to readily locate specific safety Administration Product Application and Preparing a information. This guidance is entirely Report on the Review; Availability compatible with the clinical review New Methodology and Increase in Low template, which has been developed in Income Levels for Various Health AGENCY: Food and Drug Administration, the Center for Drug Evaluation and Professions and Nursing Training and HHS. Research for use by application Assistance Programs ACTION: Notice. reviewers. The guidance is structured as an annotated outline to corrolate exactly AGENCY: Health Resources and Services SUMMARY: The Food and Drug with the section headings of the review Administration (HRSA), HHS. Administration (FDA) is announcing the template, providing the pertinent ACTION: Notice. availability of a reviewer guidance guidance under each heading. The SUMMARY: HRSA uses ‘‘low-income’’ entitled ‘‘Conducting a Clinical Safety commentary and suggestions under each levels to determine whether an Review of a New Product Application section of the guidance, together with individual is from an economically and Preparing a Report on the Review.’’ appended examples, provide suggested disadvantaged background in making The guidance is intended to provide an analyses, methods of presentations, and eligibility and funding determinations annotated outline of the safety discussion of special cases and potential for participants in various health component of a clinical review of a new difficulties. professions and nursing grant and drug or biologic product application and In 1996, FDA announced the cooperative agreement programs guidance on how to conduct and availability of the draft version of this authorized by Titles III, VII and VIII of organize the safety review. The guidance. A number of comments were the Public Health Service (PHS) Act. In received, and the agency considered guidance is also intended to provide the past, an individual’s economically them carefully as it finalized the standardization and consistency in the disadvantaged background status, as a guidance. The changes that were made format, content, and quality of safety basis for participation in certain to the guidance were intended primarily reviews. This reviewer guidance has programs, was based on the income to make it consistent with the template been developed as part of the agency’s level of the individual’s parents. reviewers are using to evaluate good review practices initiative. However, many potential program DATES: General comments on agency marketing applications. Some minor clarifying changes also were made. participants are well above the age of guidance documents are welcome at any majority. Accordingly, questions have time. This level 1 guidance is being issued consistent with FDA’s good guidance been raised by potential program ADDRESSES: Submit written requests for practices regulation (21 CFR 10.115). participants and program officials single copies of the guidance to the The guidance represents the agency’s regarding the feasibility and fairness in Division of Drug Information (HFD– current thinking on this topic. It does determining economically 240), Center for Drug Evaluation and not create or confer any rights for or on disadvantaged status based solely on the Research, Food and Drug any person and does not operate to bind parent’s income. This notice updates the Administration, 5600 Fishers Lane, FDA or the public. An alternative low-income levels published by HRSA Rockville, MD 20857. Send one self- approach may be used if such approach on August 5, 2003 (68 FR 46199–46200), addressed adhesive label to assist that satisfies the requirements of the and changes the methodology used to office in processing your requests. applicable statute and regulations. determine low income for use in these Submit written comments on the Interested persons may submit to the programs beginning in Fiscal Year (FY) guidance to the Division of Dockets Division of Dockets Management (see 2005. Management (HFA–305), Food and Drug ADDRESSES) written or electronic SUPPLEMENTARY INFORMATION: HRSA Administration, 5630 Fishers Lane, rm. comments on the guidance at any time. publishes low-income levels of families 1061, Rockville, MD 20852. Submit Two copies of mailed comments are to (68 FR 46199–46200, 8/5/03) for the use electronic comments to http:// be submitted, except that individuals of various health professions training www.fda.gov/dockets/ecomments. See may submit one copy. Comments are to and assistance programs funded under the SUPPLEMENTARY INFORMATION section be identified with the docket number Titles III, VII, and VIII of the PHS Act for electronic access to the draft found in brackets in the heading of this in making eligibility and funding guidance document. document. The guidance and received determinations for participants in the FOR FURTHER INFORMATION CONTACT: comments are available for public programs. HRSA establishes these low- Robert Temple, Center for Drug examination in the Division of Dockets income levels based on the poverty Evaluation and Research (HFD–40), Management between 9 a.m. and 4 p.m., guidelines that HHS publishes annually Food and Drug Administration, 5600 Monday through Friday. in the Federal Register (68 FR 7336, Fishers Lane, Rockville, MD 20857, Persons with access to the Internet 2/13/2004). HHS determines the poverty 301–594–6758. may obtain the guidance at either guidelines based on the poverty
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8382 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
thresholds established by the U.S. SUMMARY: The Health Resources and condition was caused by one of the Census Bureau, adjusted annually for Services Administration (HRSA) is listed vaccines. changes in the Consumer Price Index. publishing this notice of petitions Section 2112(b)(2) of the PHS Act, 42 For FY 2005, HRSA has determined received under the National Vaccine U.S.C. 300aa–12(b)(2), requires that the that: Injury Compensation Program (‘‘the Secretary publish in the Federal • ‘‘Low-income level’’ as applied to a Program’’), as required by Section Register a notice of each petition filed. family is one with an annual income 2112(b)(2) of the Public Health Service Set forth below is a list of petitions that is below 200 percent of HHS’s (PHS) Act, as amended. While the received by HRSA on April 1, 2004, poverty guidelines, as indicated in the Secretary of Health and Human Services through June 30, 2004. table below, and is named as the respondent in all Section 2112(b)(2) also provides that • A family is a group of two or more proceedings brought by the filing of the special master ‘‘shall afford all individuals related by birth, marriage, or petitions for compensation under the interested persons an opportunity to adoption who live together or an Program, the United States Court of submit relevant, written information’’ individual who is not living with any Federal Claims is charged by statute relating to the following: relatives. with responsibility for considering and 1. The existence of evidence ‘‘that acting upon the petitions. there is not a preponderance of the FY 2005 LOW INCOME LEVELS FOR FURTHER INFORMATION CONTACT: For evidence that the illness, disability, information about requirements for injury, condition, or death described in 1 Income the petition is due to factors unrelated Persons in family 2 filing petitions, and the Program in level general, contact the Clerk, United States to the administration of the vaccine Court of Federal Claims, 717 Madison described in the petition,’’ and 1 ...... $18,620 2. Any allegation in a petition that the 2 ...... 24,980 Place, NW., Washington, DC 20005, 3 ...... 31,340 (202) 219–9657. For information on petitioner either: 4 ...... 37,700 HRSA’s role in the Program, contact the (a) ‘‘Sustained, or had significantly 5 ...... 44,060 Acting Director, National Vaccine Injury aggravated, any illness, disability, 6 ...... 50,420 Compensation Program, 5600 Fishers injury, or condition not set forth in the 7 ...... 56,780 Lane, Room 11C–26, Rockville, MD Table but which was caused by’’ one of 8 ...... 63,140 20857; (301) 443–6593. the vaccines referred to in the Table, or (b) ‘‘Sustained, or had significantly 1 Includes only dependents reported on Fed- SUPPLEMENTARY INFORMATION: The aggravated, any illness, disability, eral Income tax forms for calendar year 2003. Program provides a system of no-fault 2 Adjusted gross income for calendar year injury, or condition set forth in the 2003. compensation for certain individuals Vaccine Injury Table the first symptom who have been injured by specified New Methodology: Beginning in FY or manifestation of the onset or childhood vaccines. Subtitle 2 of Title significant aggravation of which did not 2005, various programs in HRSA will XXI of the PHS Act, 42 U.S.C. 300aa– use a new methodology in the occur within the time period set forth in 10 et seq., provides that those seeking the Table but which was caused by a application of low-income levels. compensation are to file a petition with Depending on the legislative intent of vaccine’’ referred to in the Table. the U.S. Court of Federal Claims and to This notice will also serve as the the program, the programmatic purpose serve a copy of the petition on the of the low income level, as well as the special master’s invitation to all Secretary of Health and Human interested persons to submit written age and circumstances of the average Services, who is named as the participant, each program will either information relevant to the issues respondent in each proceeding. The described above in the case of the apply the low-income levels to the Secretary has delegated his family of the individual participant or to petitions listed below. Any person responsibility under the Program to choosing to do so should file an original the family of the parents of the HRSA. The Court is directed by statute individual participant. Each program and three (3) copies of the information to appoint special masters who take with the Clerk of the U.S. Court of will announce the rationale and choice evidence, conduct hearings as of methodology for determining low Federal Claims at the address listed appropriate, and make initial decisions above (under the heading FOR FURTHER income levels in their program as to eligibility for, and amount of, guidance. INFORMATION CONTACT), with a copy to compensation. HRSA addressed to Acting Director, Dated: February 11, 2005. A petition may be filed with respect Division of Vaccine Injury Elizabeth M. Duke, to injuries, disabilities, illnesses, Compensation Program, Healthcare Administrator. conditions, and deaths resulting from Systems Bureau, 5600 Fishers Lane, [FR Doc. 05–3175 Filed 2–17–05; 8:45 am] vaccines described in the Vaccine Injury Room 11C–26, Rockville, MD 20857. BILLING CODE 4165–15–P Table (the Table) set forth at Section The Court’s caption (Petitioner’s Name 2114 of the PHS Act or as set forth at v. Secretary of Health and Human 42 CFR 100.3, as applicable. This Table Services) and the docket number DEPARTMENT OF HEALTH AND lists for each covered childhood vaccine assigned to the petition should be used HUMAN SERVICES the conditions which will lead to as the caption for the written compensation and, for each condition, submission. Chapter 35 of title 44, Health Resources and Services the time period for occurrence of the United States Code, related to Administration first symptom or manifestation of onset paperwork reduction, does not apply to or of significant aggravation after National Vaccine Injury Compensation information required for purposes of vaccine administration. Compensation carrying out the Program. Program; List of Petitions Received may also be awarded for conditions not List of Petitions AGENCY: Health Resources and Services listed in the Table and for conditions Administration, HHS. that are manifested outside the time 1. Jennifer and Mark Chung on behalf of ACTION: Notice. periods specified in the Table, but only Gabrielle Chung if the petitioner shows that the Houston, Texas
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8383
Court of Federal Claims Number 04– 16. Susan and Ronald Fox on behalf of 30. Anna and George Harding on behalf 0545V Joshua Peter Fox of Genevieve Abigael Harding 2. Victor Pavlovic on behalf of Vito Montgomery, Ohio Burneville, Minnesota Pavlovic Court of Federal Claims Number 04– Court of Federal Claims Number 04– Houston, Texas 0567V 0585V Court of Federal Claims Number 04– 17. Ladesha Webb on behalf of 31. Lolisa Hampton on behalf of 0546V Da’Shaun Quontez Gray Brandon Dante Hampton 3. Angela and Mauricio Bendahan on Lexington, Kentucky Holland, Michigan behalf of Benjamin Bendahan Court of Federal Claims Number 04– Court of Federal Claims Number 04– Coalport, Pennsylvania 0568V 0586V Court of Federal Claims Number 04– 18. Sherry Amaral on behalf of Avery 32. Alfreda Armstrong on behalf of 0548V Lopez Wister Armstrong 4. Bruce Hall on behalf of Jack Hall Gormley, Illinois Due West, South Carolina Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0569V 0587V 0549V 19. Kevin O’Gara on behalf of Samuel 33. Romeo Ramirez on behalf of 5. Bruce Hall on behalf of James Hall O’Gara Alejandro Ramirez Houston, Texas N. Dartmouth, Massachusetts Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0550V 0570V 0588V 6. Mary and John McCarthy on behalf of 20. Catherine and Keith Cloutier on 34. Jaime Liendo on behalf of James Raf Sean McCarthy behalf of Kaitlyn Cloutier Liendo Vienna, Virginia Southbridge, Massachusetts Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0552V 0571V 0589V 7. Brilliant and Lulyete Sherifi on behalf 35. Jessica Fuentes on behalf of Jeremy 21. Marjorie and Jared Hansen on behalf of Belgusa Sherifi Fuentes of William Hansen Pleasantville, New Jersey Decatur, Texas Salt Lake City, Utah Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0554V 0590V 0572V 8. Cheryl and Brian Hicks on behalf of 36. Anabel and James Segovia on behalf 22. Sherry Amaral on behalf of Jareb Meagan Rose Hicks of James Segovia, Jr. Houston, Texas Lopez Decatur, Texas Court of Federal Claims Number 04– Gormley, Illinois Court of Federal Claims Number 04– 0558V Court of Federal Claims Number 04– 0591V 9. Alizabeth and Sultan Haddad on 0573V 37. Gloria Branstrom on behalf of Eric behalf of Yazan Sultan Haddad 23. Joy Packa on behalf of Hunter Packa Peter Branstrom West Hills, California Aurora, Minnesota Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0559V 0574V 0592V 10. Nancy and Charles Volz on behalf of 24. Marjorie and Jared Hansen on behalf 38. Gloria Branstrom on behalf of Cara Anne Volz of Jacob Hansen Celeste Ann Branstrom Sandusky, Ohio Salt Lake City, Utah Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0560V 0575V 0593V 11. Crista and Jason Wyatt on behalf of 25. Michelle and Laney White on behalf 39. Jessica Navarro on behalf of Jorge Charles Thomas Wyatt of Chandler McDavid White Alberto Rodriguez Houston, Texas Lexington, Mississippi Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0561V 0578V 0594V 12. Audrey Cummings on behalf of 26. Carmencita and John Byrd on behalf 40. Maria Leonor Guzman on behalf of Herbert Jerome Savage of Jabari Rashad Byrd Francisco Javier Guzman Toledo, Ohio Lexington, Mississippi Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0563V 0579V 0595V 13. Kathy and Michael Mason on behalf 27. Lori and James Harper on behalf of 41. Cynthia Rivera on behalf of Santiago of Joshua Thomas Mason Stefanie Rose Harper Jesus Rivera Springfield, Ohio St. Paul, Minnesota Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0564V 0582V 0596V 14. Kathleen and Brian O’Keefe on 28. Tracey and Charles Hayes on behalf 42. Cynthia Rivera on behalf of Amador behalf of Brian Michael O’Keefe of Thaddeus Isura Hayes Jesus Rivera Houston, Texas Stockton, California Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0565V 0583V 0597V 15. Colleen and Paul Theis on behalf of 29. Wendy and Andrew Hagen on behalf 43. Angelina Ruiz on behalf of Eluid Zachary Paul Theis of Alexander Harold Hagen Ruiz Coon Rapids, Minnesota Waconia, Minnesota Decatur, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0566V 0584V 0598V
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8384 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
44. Joann and Patrick Kelly on behalf of Houston, Texas 72. Mary Hisel on behalf of Zachary David Patrick Kelly Court of Federal Claims Number 04– Hisel Ridley Park, Pennsylvania 0618V Boston, Massachusetts Court of Federal Claims Number 04– 59. Michelle and Trevor Leathers on Court of Federal Claims Number 04– 0599V behalf of Trevor Anthony Leathers 0637V 45. Yvonne and Timothy Jackson on Austin, Texas 73. Henrietta Boota on behalf of Zachary behalf of Jayda Monay Jackson Court of Federal Claims Number 04– Boota East Hampton, New York 0619V Boston, Massachusetts Court of Federal Claims Number 04– 60. Peggy and Quintin Johnson on Court of Federal Claims Number 04– 0600V behalf of Caleb Adam Johnson 0638V 46. Louvenia McCarter on behalf of Detroit, Michigan 74. Sandy Bond on behalf of Andre De’Vin De’Vonate Johnson Court of Federal Claims Number 04– Bond Chicago, Illinois 0620V Boston, Massachusetts Court of Federal Claims Number 04– 61. Evelyn and James Kanitz on behalf Court of Federal Claims Number 04– 0601V of Melinda Rae Kanitz 0639V 47. Jacob Horne on behalf of Sean Horne Houston, Texas 75. Melinda Chandler on behalf of Jacob Denver, Colorado Court of Federal Claims Number 04– Chandler Court of Federal Claims Number 04– 0621V Boston, Massachusetts 0602V 62. Julie and Jacques Krustriz on behalf Court of Federal Claims Number 04– 48. Dena and David Isbell on behalf of of Jacques Michael Krustriz, II 0640V Jesse David Isbell Waconia City, Minnesota 76. Susan Kippenberger on behalf of Houston, Texas Court of Federal Claims Number 04– John Patrick Kippenberger Court of Federal Claims Number 04– 0622V Boston, Massachusetts 0603V 63. Stephanie and Joseph Krist on behalf Court of Federal Claims Number 04– 49. Ruth and Charles Hult on behalf of of Jonathan Austin Krist 0641V 77. Brenda and Peter Leahy on behalf of Joshua Robert Hult San Antonio, Texas Houston, Texas Court of Federal Claims Number 04– Aidan Leahy Court of Federal Claims Number 04– Sarasota, Florida 0623V 0604V Court of Federal Claims Number 04– 64. Angela Lynn Villalovos on behalf of 50. Kenneth Hobbs 0642V Andre Kioneau Nathan D’Angelo North Verum, Indiana 78. Alma Plascenia on behalf of Jose Villalovos Court of Federal Claims Number 04– Ernesto Andrade 0607V Denver, Colorado Dallas, Texas 51. Leisa and Forrest Littleton on behalf Court of Federal Claims Number 04– Court of Federal Claims Number 04– of Cody Nicholas Littleton 0624V 0645V Ashland, Kentucky 65. Donette and Marcus White on behalf 79. Leona and Ernest Wehrle on behalf Court of Federal Claims Number 04– of Dayveon Marcus White of Lyndsi Nichole Wehrle 0611V Edenton, North Carolina Charleston, West Virginia 52. Julie and Thomas Kraus on behalf of Court of Federal Claims Number 04– Court of Federal Claims Number 04– Troy Richard Kraus 0625V 0646V Cape May, New Jersey 66. Laura Brown and Cary Wright on 80. Kathy and Dean Binek on behalf of Court of Federal Claims Number 04– behalf of Halie Erin Wright Spencer Kenneth Binek 0612V San Antonio, Texas Waconia, Minnesota 53. Bridget and Wayde Kent on behalf Court of Federal Claims Number 04– Court of Federal Claims Number 04– of Alexander Preston Kent 0626V 0647V Lewisville, Texas 67. Laura and Stephen Whatley on 81. Veronica and Douglas Birk on behalf Court of Federal Claims Number 04– behalf of Chad Dean Whatley of Alexander Douglas Birk 0613V Lewisville, Texas Houston, Texas 54. Yvonne and Michael Johnson on Court of Federal Claims Number 04– Court of Federal Claims Number 04– behalf of Lauren Valerie Johnson 0627V 0648V Houston, Texas 68. Mary Lee and Patrick Wright on 82. Juanita and Lars Benson on behalf of Court of Federal Claims Number 04– behalf of Logan Patrick Wright Lance Raven Benson 0614V El Cajon, California Houston, Texas 55. Charlotte and Christopher Warn on Court of Federal Claims Number 04– Court of Federal Claims Number 04– behalf of Cleo Warn 0628V 0649V Salinas, California 69. Carmen and Kevin Wright on behalf 83. Holli Ferguson on behalf of Brian Court of Federal Claims Number 04– of Jacob Norman Wright Ferguson 0615V Baxter, Minnesota Portland, Oregon 56. Tresa Lynn Wade on behalf of Court of Federal Claims Number 04– Court of Federal Claims Number 04– Thomas Paul Wade 0629V 0650V Charleston, West Virginia 70. Marilyn and Orlando Webster on 84. Barbara Dunham on behalf of Joshua Court of Federal Claims Number 04– behalf of Jaleesa Renee Webster Dunham 0616V Manassas, Virginia Portland, Oregon 57. Evelyn and James Kanitz on behalf Court of Federal Claims Number 04– Court of Federal Claims Number 04– of Brandi Kanitz 0630 0651V Houston, Texas 71. George Kadar on behalf of 85. Ana Meckes on behalf of Elliott Court of Federal Claims Number 04– Zsuzsanna Meszaros, Deceased Meckes 0617V Irvine, California Portland, Oregon 58. Valeri and Steven Lira on behalf of Court of Federal Claims Number 04– Court of Federal Claims Number 04– Ian Alonzo Lira 0631V 0652V
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8385
86. Dawn and Brian Cheevis on behalf New Orleans, Louisiana Manchester, New Hampshire of William Cheevis Court of Federal Claims Number 04– Court of Federal Claims Number 04– Houston, Texas 0671V 0688V Court of Federal Claims Number 04– 101. Greta Davis on behalf of Patrick 115. Cheryl and John Schmidt on behalf 0657V Davis, Jr. of Carter Schmidt 87. Gloria and Michael Schindlar on New Orleans, Louisiana Houston, Texas behalf of Michael Schindlar Court of Federal Claims Number 04– Court of Federal Claims Number 04– Houston, Texas 0672V 0689V Court of Federal Claims Number 04– 102. Denise Robateau on behalf of 116. Al Matlosz on behalf of James 0658V Ebony Robateau Matlosz 88. Frances and Bernard Phillips on New Orleans, Louisiana Houston, Texas behalf of Wesley Phillips Court of Federal Claims Number 04– Court of Federal Claims Number 04– Houston, Texas 0673V 0690V Court of Federal Claims Number 04– 103. Patrick Helmstetter on behalf of 117. Louise and Roger Scholl on behalf 0659V Frank Helmstetter of Andrea Scholl 89. Sharon Muse on behalf of Shamara New Orleans, Louisiana Forsyth, Georgia Grant-Muse Court of Federal Claims Number 04– Court of Federal Claims Number 04– New Orleans, Louisiana 0674V 0691V Court of Federal Claims Number 04– 104. Angele McKnight on behalf of Scott 118. Jana and Barry Bandera on behalf 0660V McKnight of Caroline Bandera 90. Joanne and Tommy Benasco on New Orleans, Louisiana Austin, Texas behalf of Anthony Benasco Court of Federal Claims Number 04– Court of Federal Claims Number 04– New Orleans, Louisiana 0675V 0692V Court of Federal Claims Number 04– 105. Lisa Vargas on behalf of Gina 119. Billie and Michael Schueman on 0661V Vargas behalf of Cheyenne Schriver Hobbs, New Mexico 91. Tammy and Frank Melito on behalf Boston, Massachusetts Court of Federal Claims Number 04– of Anthony Melito Court of Federal Claims Number 04– 0693V Boston, Massachusetts 0676V Court of Federal Claims Number 04– 120. Shari Farber on behalf of Cameron 106. Stephanie Buckley on behalf of 0662V Harris Daniel Pitts 92. Maria Thatcher on behalf of Michael Fremont, Nebraska Boston, Massachusetts David Thatcher Court of Federal Claims Number 04– Court of Federal Claims Number 04– Decatur, Texas 0695V 0677V Court of Federal Claims Number 04– 121. Pamela and Leslie Chojnacki on 107. Marla Jordan on behalf of Markhal 0663V behalf of Joshua Leonard Chojnacki 93. Norma and Armando Gomez on Jordan Houston, Texas Boston, Massachusetts behalf of Ismael Gomez Court of Federal Claims Number 04– Decatur, Texas Court of Federal Claims Number 04– 0696V Court of Federal Claims Number 04– 0678V 122. Laura and Joseph Bell on behalf of 0664V 108. Lisa Vargas on behalf of Ramiro Joseph Herbert Bell 94. Dolores Garza on behalf of Vargas Hudson, New Hampshire Alexandria Garza Boston, Massachusetts Court of Federal Claims Number 04– Decatur, Texas Court of Federal Claims Number 04– 0697V Court of Federal Claims Number 04– 0679V 123. Eileen and Richard Cook on behalf 0665V 109. Lisa Vargas on behalf of Alejandra of Michael Alexander Cook 95. Margaret Campbell Vargas Merrillville, Indiana St. Paul, Minnesota Boston, Massachusetts Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0698V 0666V 0680V 124. Cynthia Griffin on behalf of 96. Karen Edwards on behalf of Porter 110. Rita Weintraub Benjamin Lewis Griffin Edwards, III Falls Church, Virginia Richmond, Kentucky New Orleans, Louisiana Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0684V 0699V 0667V 111. Kristy Browland on behalf of Bryce 125. Kathlyn and Michael Polensek 97. Michelle Scarbrough on behalf of Ladue behalf of Andrew Joseph Polensek Tyler Scarbrough Boston, Massachusetts Cleveland, Ohio New Orleans, Louisiana Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0685V 0700V 0668V 112. Lisa Grover on behalf of Lindsey 126. Martha Ann Rodriguez on behalf of 98. Ivory Ross on behalf of Lavar Ross Grover David Michael Rodriguez New Orleans, Louisiana Boston, Massachusetts San Antonio, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0669V 0686V 0701V 99. Jennifer Pepin on behalf of Melissa 113. Lori and Sam Eriksen on behalf of 127. Rene Luzzi-Leconte on behalf of Pepin Hannah Marie Eriksen Nicholas Leconte New Orleans, Louisiana Memphis, Tennessee Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0670V 0687V 0702V 100. Karen Eader on behalf of James 114. Hope and Donald Leclerc on behalf 128. Diane and Stephen Blalock on Charles Eader of Donald Leclerc behalf of Andrew John Blalock
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8386 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Tacoma, Washington Somers Point, New Jersey Dallas, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0703V 0725V 0739V 129. Rachael Clark on behalf of Ronny 143. Robin and Richard Butler on behalf 157. Carol and Jose Acevedo on behalf Cesar Vargas of Hope Christine Butler of Kaila Acevedo Paterson, New Jersey Jacksonville, Florida Dallas, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0704V 0726V 0740V 130. Marie Lee and Karl Jacoby on 144. Robin and Richard Butler on behalf 158. Cassandra and Christopher Gorton behalf of Jason Dean Jacoby Lee of Faith Renee Butler on behalf of Kelsey Gorton Providence, Rhode Island Jacksonville, Florida Sarasota, Florida Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0705V 0727V 0741V 131. Lucy and Bill Szymanski on behalf 145. Robin and Richard Butler on behalf 159. Heather Issac Merrill on behalf of of Christopher Elvis Szymanski of Emily Grace Butler Alexander Merrill Long Beach, New York Jacksonville, Florida Somers Point, New Jersey Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0706V 0728V 0743V 132. Jane and Wallace Sparks on behalf 146. Shannon and Bob Gougeon on 160. Barbara and John Bonar on behalf of Logan Sparks behalf of Travis Gougeon of Alexandra Elizabeth Bonar Portland, Oregon Houston, Texas Covington, Kentucky Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0708V 0729V 0744V 133. Rita and Allan Cheskiewicz on 147. Michael Bittner on behalf of 161. Terri Bennick on behalf of Connor behalf of Allan James Cheskiewicz Samuel Bittner Bennick Houston, Texas Haverton, Pennsylvania Portland, Oregon Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0730V 0746V 0712V 148. Michael Bittner on behalf of 162. Kara and Eric Konecke on behalf of 134. Lorie Katz on behalf of Loris Katz Deanna Bittner Jacqueline Konecke Las Vegas, Nevada Houston, Texas Philadelphia, Pennsylvania Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0714V 0731V 0749V 135. Gail Rockwood on behalf of Calvin 149. Carla and Frank Jenkins on behalf 163. Cammie and Shane Spitler on Jenkins of Frank Jenkins, Jr. behalf of Natalie Leeann Spitler New Orleans, Louisiana Jacksonville, Florida Vinita, Oklahoma Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0716V 0732V 0751V 136. Marla Macaluso on behalf of Frank 150. Cindy and Joseph Winder on behalf 164. Michelle and Kevin Steffl on behalf Macaluso of Joseph Quentin Winder of Alex Jordan Steffl New Orleans, Louisiana Jacksonville, Florida Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0719V 0733V 0752V 137. Demetericus Thurmond on behalf 151. Mark Quintal on behalf of Alex 165. Juanetha Purnell on behalf of of Nathaniel Thurmond Quintal Chajuan Jonta Purnell New Orleans, Louisiana North Dartmouth, Massachusetts Selma, Alabama Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0720V 0734V 0753V 138. William Wolfe on behalf of Caleb 152. Lora Nelson on behalf of Steffany 166. Terresa and Benjamin York on Wolfe Nelson behalf of Nashoba Lee York New Orleans, Louisiana Fayetteville, Arizona Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0721V 0735V 0754V 139. Koulor Duet on behalf of Tristan 153. Honey and Robert Rinicella on 167. Pam and Mike Williams on behalf Duet behalf of Victor Samuel Rinicella of Cordell James Williams New Orleans, Louisiana Atlanta, Georgia Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0722V 0736V 0755V 140. Jeanenne Phillips on behalf of 154. Honey and Robert Rinicella on 168. Beverly and Jerry Wilkes on behalf Susan Phillips behalf of Vincent Anthony Rinicella of Shane Anthony Wilkes New Orleans, Louisiana Atlanta, Geogia Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0723V 0737V 0756V 141. Chantell Henderson on behalf of 155. Rosetta and Aron Belton on behalf 169. Cheryl and Alfred Taylor on behalf Kendrick Williams of Brandon Belton of Aaron Raymon Taylor New Orleans, Louisiana Augora, California Longview, Pennsylvania Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0724V 0738V 0757V 142. Jennifer and Marc Dowdell on 156. Carol and Jose Acevedo on behalf 170. Melissa Montano on behalf of behalf of Parker Dowdell of David Acevedo Trysten Smith
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8387
Pueblo, Colorado Boston, Massachusetts Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0758V 0775V 0799V 171. Jared Zevetchin on behalf of Jared 185. Denise Carol Welch on behalf of 199. Karen and David Orlando on behalf Austin Zevetchin Quinten Levi Braxton of Andrew Orlando Teaneck, New York Robbinsdale, Minnesota Lake Success, New York Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0759V 0776V 0803V 172. Natisha and Kenneth Reyna on 186. Ericka Webb on behalf of Branden 200. Harriette Vega on behalf of Bonnell behalf of Anthony Kino Reyna Tyrece Webb Kimbouri Houston, Texas Houston, Texas Boston, Massachusetts Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0760V 0777V 0808V 173. Crystal and Martin Radel on behalf 187. Ladawn Twinette Davis Hall on 201. Connie Thorup on behalf of of Joseph Martin Radel behalf of Bria Khalia Brown Alexander Tippets Seattle, Washington Baltimore, Maryland Boston, Massachusetts Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0761V 0778V 0809V 174. Michelle Mabe and Walter Spencer 188. Christine Elaine Blevins-Harker on 202. Nina Hicks on behalf of Dustin on behalf of Dylan Justice Spencer behalf of Edward Wayne Blevins Hicks Encinatas, California Baltimore, Maryland Boston, Massachusetts Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0762V 0779V 0810V 175. Chiquita and Maurice Allison on 189. April Weaver on behalf of Jamie 203. Michelle Williams on behalf of behalf of Kaleb Allison Lee Burcham David Williams Houston, Texas Durham, North Carolina Boston, Massachusetts Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0764V 0780V 0811V 176. Natalie Franklin on behalf of Jacob 190. Karey Shepherd on behalf of 204. Christine Wise on behalf of Jacob Crane Kennedy Lynn Shepherd Scott Bindis Houston, Texas Jacksonville, Florida Court of Federal Claims Number 04– Court of Federal Claims Number 04– Massillon, Ohio Court of Federal Claims Number 04– 0765V 0784V 177. Jerry Leo Moore, II on behalf of 191. Amber Mitchell on behalf of Carson 0813V Jerry Leo Moore, III Brown 205. Yolanda and Albert Bracamonte on Boston, Massachusetts Flint, Michigan behalf of Albert Gabriel Bracamonte, Court of Federal Claims Number 04– Court of Federal Claims Number 04– III 0766V 0785V Bonita, California 178. Constance Hains on behalf of Kyle 192. Charlotte Coleman on behalf of Court of Federal Claims Number 04– Hains Autris Coleman 0814V Boston, Massachusetts Vienna, Virginia 206. Rachel and Peter Boney on behalf Court of Federal Claims Number 04– Court of Federal Claims Number 04– of Benjamin Philip Boney 0767V 0787V St. Louis Park, Minnesota 179. Kevin Goode on behalf of Robert 193. Holly Hardesty on behalf of Court of Federal Claims Number 04– Goode Madison Hardesty 0815V Boston, Massachusetts Boston, Massachusetts 207. Jaylene and Curtis Charrier on Court of Federal Claims Number 04– Court of Federal Claims Number 04– behalf of William Keith Charrier 0768V 0788V Baton Rouge, Louisiana 180. Kevin Goode on behalf of Richard 194. Deborah Nadaner on behalf of Court of Federal Claims Number 04– Goode Abigail Nadaner 0816V Boston, Massachusetts Boston, Massachusetts 208. Jorge and Belkys Cairo on behalf of Court of Federal Claims Number 04– Court of Federal Claims Number 04– Jake Michael Cairo 0769V 0789V Pembroke Pines, Florida 181. Jessica Whitt on behalf of Benjamin 195. Karen and David Beauvais on Court of Federal Claims Number 04– George behalf of Joshua Beauvais 0817V Newark, New Jersey Birmingham, Alabama 209. Ruth Linares on behalf of Javier Court of Federal Claims Number 04– Court of Federal Claims Number 04– Alberto Chuquimia 0770V 0792V Houston, Texas 182. Sandra Lewis on behalf of Justin 196. Ebony Jackson and Lawrence Court of Federal Claims Number 04– Cease Edwards on behalf of King Edwards 0818V Boston, Massachusetts Houston, Texas 210. Carol and Russell Brown on behalf Court of Federal Claims Number 04– Court of Federal Claims Number 04– of Joseph Alan Brown 0773V 0797V Olympia, Washington 183. Shireen Burki-Liebl on behalf of 197. Yvette Powell on behalf of Devon Court of Federal Claims Number 04– Joseph Liebl King 0819V Boston, Massachusetts Houston, Texas 211. Sharon and Carl Bond on behalf of Court of Federal Claims Number 04– Court of Federal Claims Number 04– Carlicia Antrice Bond 0774V 0798V Clarksdale, Mississippi 184. Shireen Burki-Liebl on behalf of 198. Tracye and Lance Randolph on Court of Federal Claims Number 04– Vern Liebl behalf of Scout Randolph 0820V
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8388 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
212. Ruth and Curt Peterson on behalf Court of Federal Claims Number 04– Grand Rapids, Michigan of Blair Maria Peterson 0841V Court of Federal Claims Number 04– Bellevue, Washington 226. Yolanda and Darick Harper on 0857V Court of Federal Claims Number 04– behalf of Ra’Jon Harper 240. Angelina and Juan Rios on behalf 0821V San Jose, California of Jesus Antonio Rios 213. Gail and Jesse Romines on behalf Court of Federal Claims Number 04– Kansas City, Missouri of Wesley Dale Romines 0842V Court of Federal Claims Number 04– Los Angeles, California 227. Sylvia and David Seward on behalf 0858V Court of Federal Claims Number 04– of Randy William Seward 241. Sheila Lawton on behalf of Del Jose 0822V Antioch, California Anderson, II 214. Shaneathia Johnson on behalf of Court of Federal Claims Number 04– Compton, California Justin Deshawn Hunt 0843V Court of Federal Claims Number 04– Grove Hill, Alabama 228. Rosa and Brian Campbell on behalf 0859V Court of Federal Claims Number 04– of Keenan Matthew Campbell 242. Shannon Dunbar and Allan Walker 0823V Houston, Texas on behalf of Nicklaus Clark Walker 215. Rosa and Jesus Velasquez on behalf Court of Federal Claims Number 04– Houston, Texas of Jesus Elan Velasquez 0844V Court of Federal Claims Number 04– Pearland, Texas 229. Vickie and Brian Snook on behalf 0860V Court of Federal Claims Number 04– of John Austin Snook 243. Daryl and Evelyn Pannell on behalf 0824V Houston, Texas of Terrance Pannell 216. Patricia and Martin Peru on behalf Court of Federal Claims Number 04– Cleveland, Ohio of Martin Guillermo Peru 0845V Court of Federal Claims Number 04– Mesa, Arizona 230. Patricia Faillo and Paul Ivery on 0861V Court of Federal Claims Number 04– behalf of Anthony James Ivery 244. Johanne and Kenneth Grizzle on 0825V Houston, Texas behalf of Rebecca Marie Grizzle Winter Haven, Florida 217. Kimberly Putnam and Michael Court of Federal Claims Number 04– Court of Federal Claims Number 04– Lamonica on behalf of Michael 0846V 0862V Lamonica 231. Christina and John Rushing on 245. Nancy Christopher on behalf of West Islip, New York behalf of Matthew Steven Rushing Kayla Karina Christopher Court of Federal Claims Number 04– Covina, California Laramie, Wyoming 0826V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 218. Tina Church on behalf of Edward 0847V 0863V Clayton Church 232. Paige and Steve Hodges on behalf 246. Donna Owen of Joshua Randall Seattle, Washington of Samuel Luke Hodges Owen Court of Federal Claims Number 04– Houston, Texas Hopkinsville, Kentucky 0827V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 219. Angela and Craig Cottrell on behalf 0848V 0864V of Kishla Reanne Cottrell 233. Carey and Carl Morgan on behalf of 247. Yolanda and Darick Harper on Lafayette, Indiana Cole Christopher Morgan behalf of Da’Jon Harper Court of Federal Claims Number 04– Jeffersonville, Indiana San Jose, California 0828V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 220. Travis Smith on behalf of Patrick 0849V 0865V Smith 234. Donna Owen on behalf of Jon 248. Julia Howard on behalf of Jonathan Somers Point, New Jersey Renard Owen Michael Howard Court of Federal Claims Number 04– Hopkinsville, Kentucky Houston, Texas 0832V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 221. Ammie and Andres Herrera on 0850V 0866V behalf of Anderson Herrera 235. Jennifer and Jason Morrison on 249. Rene and Ken Murphy on behalf of Bala Cynwyd, Pennsylvania behalf of Jenna Katherine Morrison Andrew James Murphy Court of Federal Claims Number 04– Littleton, Colorado Sonoma, California 0834V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 222. Anita and John Trayling on behalf 0851V 0867V of Xeidler Walter Trayling 236. Neisha Richard on behalf of Joseph 250. Vonda Hill on behalf of Kalen Houston, Texas Richard Wesley Maldon Court of Federal Claims Number 04– Boston, Massachusetts Richmond, California 0838V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 223. Yvonne and Charles Reed on behalf 0852V 0868V of Jacob Luis Reed 237. Sally Medina on behalf of 251. Tammy and Kevin Bruce on behalf Conroe, Texas Josephina Marin of Joshua Lee Bruce Court of Federal Claims Number 04– Boston, Massachusetts Houston, Texas 0839V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 224. Carey and Carl Morgan on behalf of 0853V 0869V Cole Everett Morgan 238. Melissa Abdullah-Musa on behalf 252. Jose Grajales and Sidelia Mora on Jeffersonville, Indiana of Jasir Abdullah-Musa behalf of Andy Grajales Mora Court of Federal Claims Number 04– Boston, Massachusetts Hillister, Georgia 0840V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 225. Carolyn and Keith Marshall on 0854V 0870V behalf of Keith Alfred Marshall 239. Michalean and Michael McGraw on 253. Anna Bell Marrs on behalf of Brooklyn, New York behalf of Michael James McGraw, II Cameron Brandon Marrs
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8389
Marywood, Illinois Houston, Texas Flint, Michigan Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0871V 0891V 0915V 254. Irene and John Finley on behalf of 268. Tina Powers on behalf of Jonathan 282. Lori and Drake Bachend on behalf Irene Finley Scott Powers of Joshua Ed Bachend Alexandria, Louisiana Lancaster, Wisconsin Schuykill Haven, Pennsylvania Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0874V 0892V 0916V 255. Kristen and Bradley Troyer on 269. Tracy and Bobby Singelton on 283. Martha and Juan Carreno on behalf behalf of Jacob Troyer behalf of Jamal Magic Singelton of Charles Michael Carreno Miami, Florida Fridley, Minnesota Anaheim, California Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0875V 0893V 0917V 256. Mary Carol Roesser on behalf of 270. Traci Houser on behalf of Ruben 284. Trauma Fontaine Newell on behalf Williams Roesser Anthony Gutierrez of Alanis Dior Newell Miami, Florida Houston, Texas South Orange, New Jersey Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0876V 0894V 0918V 257. Kellye Hudson-Lyons on behalf of 271. Yoshiko and Michael Garrison on 285. Sherri and Gregory Kessler on Hunter Sebastian Lyons behalf of Ichiro Michael Garrison behalf of Gregory Stone Kessler Jacksonville, Florida Houston, Texas Blaine, Minnesota Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0877V 0895V 0919V 258. Sherril and Eric Cherry on behalf 272. Susan and John Emery on behalf of 286. Francine Russo and Jaime Mendoza of Rajon Demetrius Cherry John Jay Emery on behalf of Jaime Anthony Mendoza Jacksonville, Florida Everett, Washington Yuba City, California Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0878V 0896V 0920V 259. Laura Hollandsworth on behalf of 273. Angela Banks on behalf of Parker 287. Liza Milliman on behalf of Hunter Corry Hollandsworth Banks Kizzire Portland, Oregon Orofino, Idaho Sandstone, Minnesota Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0881V 0897V 0921V 260. Lee Orr on behalf of Malik Orr 274. Carolyn and Trent Sargent on 288. Brenda Wadsworth on behalf of Portland, Oregon behalf of Trent Stephen Sargent Kendall Riley Wadsworth Court of Federal Claims Number 04– Houston, Texas West Blocton, Alabama 0882V Court of Federal Claims Number 04– Court of Federal Claims Number 04– 261. Sandra and Anthony Proctor on 0898V 0922V behalf of Nicholas Mark Wayne 275. Marsha and Gonzalo Vasquez on 289. Jeanne and Julius Fontelera on Brown behalf of Anthony Gonzalo Vasquez behalf of Justin Fontelera Huntington, West Virginia Mission Hills, California Chicago, Illinois Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0885V 0899V 0924V 262. Damaris Davis on behalf of 276. Michelle and Colin Campbell on 290. Karen McGuire on behalf of Danny Chandler Sequan-Jamal Davis behalf of Savannah Georgia Campbell McGuire, III Lallisbury, North Carolina Isleton, California Chicago, Illinois Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0886V 0900V 0925V 263. Karen and Mark Hardison on behalf 277. Cynthia and Christopher Sibley on 291. Melissa and Sumei Gomez on of Peter James Hardison behalf of Jacklyn Sibley behalf of Emanuel Gomez Phoenix, Arizona Houston, Texas Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0887V 0905V 0926V 264. Dina and Israel Lara on behalf of 278. Mary and Kurt Graham on behalf 292. Marilyn Edge on behalf of Jaelen Israel Lara, Jr. of John Graham Edge Houston, Texas Smyrna, Georgia Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0888V 0912V 0927V 265. Lucinda and Roger Notsch on 279. Kay Tingle and Wendell Coleman 293. Jennifer and Gary Carroll on behalf behalf of Joseph Robert Notsch on behalf of Samantha Marie Thomas of Cassidy Carroll Houston, Texas Philadelphia, Pennsylvania Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0889V 0913V 0928V 266. Maria and Leroy Battaglio on behalf 280. Susan and Brian Fletcher on behalf 294. Kathy and Fernando Galeano on of Gunner Lee Battaglio of Patrick Lee Fletcher behalf of Daniel Galeano Mobile, Alabama Plano, Texas Van Nuys, California Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0890V 0914V 0930V 267. Marjorie Gutierrez on behalf of 281. Rosie and Fester Walton on behalf 295. Kristi and Robert Shinsato on Kayden Anne Vargas of Dont’e Louis Walton behalf of Aaron Shinsato
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8390 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Van Nuys, California Nashville, Tennessee Atlanta, Georgia Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0931V 0956V 0975V 296. Kristi and Robert Shinsato on 310. Peggy and Charlie Burnette on 324. Michelle and Robert Lombardi on behalf of Matthew Shinsato behalf of Savion Rasheed Burnette behalf of Alexander Robert Lombardi Van Nuys, California Durham, North Carolina Madison, Ohio Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0932V 0957V 0976V 297. Lorie Shelley on behalf of Jared 311. Diann and Marc Kroeger on behalf 325. Susan Sawyer on behalf of Dylan Shelley of Luke Marcus Jon Kroeger Sawyer Van Nuys, California Waconia, Minnesota Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0933V 0958V 0977V 298. Carolyn and John Doherty on 312. Angelina and Juan Rios on behalf 326. Melanie Glock on behalf of Maisie behalf of Erica Rose Doherty of Juan Enrique Rios Glock Van Nuys, California Kansas City, Missouri Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0934V 0959V 0978V 299. Debra Billingslea on behalf of Allen 313. Lisa and Danny Madden on behalf 327. Marisha Taylor on behalf of Lake Billingslea of James Arthur Madden Taylor Dallas, Texas Portsmouth, Ohio Houston, Texas Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0935V 0960V 0979V 300. Rachel Talty on behalf of Samuel 314. Kim Conley on behalf of Madison 328. Tanya and Brian Haaseth on behalf Talty Conley of Alexander Haaseth Chicago, Illinois Houston, Texas Powell, Ohio Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0937V 0980V 0961V 301. Richard Farretta on behalf of David 329. Diane and Mark Marton on behalf 315. Angela and Brandon Bowman on Farretta of Mark Marton behalf of Braeden Dale Bowman Boston, Massachusetts Houston, Texas Court of Federal Claims Number 04– St. Marys, Ohio Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0942V 0981V 302. Maya Gilmer on behalf of Jadon 0962V 330. Carrie and Kenneth Sandt on behalf Hayden 316. Michelle and Dennis Bellaire on of Kenneth Sandt, Jr. Boston, Massachusetts behalf of Alec Reece Bellaire Houston, Texas Court of Federal Claims Number 04– St. Joseph, Michigan Court of Federal Claims Number 04– 0943V Court of Federal Claims Number 04– 0982V 303. Danny Kuratli on behalf of 0963V 331. Deborah Whitmer on behalf of Eric Maxwell Kuratli 317. Tanisha and John Arrington on Whitmer Boston, Massachusets behalf of Jason Alexander Arrington Boston, Massachusetts Court of Federal Claims Number 04– Flint, Michigan Court of Federal Claims Number 0944V Court of Federal Claims Number 04– 04(0991V 304. Jolene Lewis on behalf of Makinzie 0964V 332. Leigh Eworonsky on behalf of Lewis 318. Joyce and John Diedrich on behalf Andrew Eworonsky Boston, Massachusetts of Riley Austin Diedrich Boston, Massachusetts Court of Federal Claims Number 04– Houston, Texas Court of Federal Claims Number 04– 0945V Court of Federal Claims Number 04– 0992V 305. Peggy Hartman on behalf of Kade 0965V 333. Jennifer Barsamian on behalf of Hartman 319. Correy McManus on behalf of Niyla Zachary Barsamian Boston, Massachusetts McManus, Deceased Boston, Massachusetts Court of Federal Claims Number 04– Dunn, North Carolina Court of Federal Claims Number 04– 0946V Court of Federal Claims Number 04– 0993V 306. Susan Ridenour on behalf of Hanna 0966V 334. Nora and Bobby Gore on behalf of Ridenour 320. Joseph Kowalski David Michael Gore Boston, Massachusetts Mount Kisco, New York Charleston, West Virginia Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0947V 0967V 0994V 307. Douglas Carolino on behalf of 321. Angela Smith on behalf of Russell 335. Laura Mersburgh on behalf of Jasmine-Kay Carolino Alan Wilharm, Jr. Elijah Mersburgh Boston, Massachusetts Jacksonville, Florida Honolulu, Hawaii Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0948V 0969V 0997V 308. Melissa and Alan Lafave on behalf 322. Karen and Casey Gulkin on behalf 336. Pamela and Brian Braden on behalf of Blake Lafave of Timber Ty-Andrew Gulkin of Nicholas Braden Philadelphia, Pennsylvania Greeley, Colorado Minneapolis, Minnesota Court of Federal Claims Number 04– Court of Federal Claims Number 04– Court of Federal Claims Number 04– 0952V 0971V 0998V 309. Katherine Andrews on behalf of 323. A. Lindsey Hewatt on behalf of 337. Nathan Yorgason on behalf of Olivia Grace Sanderson Goff Charles William Hewatt, III Whitney Yorgason
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8391
Harlowton, Colorado 351. Jennifer and Gary Stone on behalf 365. Kelly and Josef Blake on behalf of Court of Federal Claims Number 04– of Amelia Stone Allisha Ray Blake 1005V Oshkosh, Wisconsin Charleston, West Virginia 338. Rosemary and Jimmy Ayala on Court of Federal Claims Number 04– Court of Federal Claims Number 04– behalf of Jimmy Ayala, Jr. 1041V 1084V Philadelphia, Pennsylvania 352. Michele Siciliano on behalf of 366. Tina Cockrell on behalf of Mark Court of Federal Claims Number 04– August Siciliano Andrew Carwell 1007V Ligonier, Pennsylvania Mount Vernon, Ohio 339. Francine Jiminez and Albert Court of Federal Claims Number 04– Court of Federal Claims Number 04– Williams on behalf of Alsay Leday 1054V 1085V Williams 353. Ingrid Bianco on behalf of Greta Dated: February 11, 2005. Anaheim, California Bianco Elizabeth M. Duke, Court of Federal Claims Number 04– Somers Point, New Jersey Administrator. 1008V Court of Federal Claims Number 04– [FR Doc. 05–3176 Filed 2–17–05; 8:45 am] 340. Quiana Ferguson on behalf of 1059V Christopher Eugene Ferguson 354. Lonnie Vestal on behalf of Dakota BILLING CODE 4165–15–P Dayton, Ohio Vestal Court of Federal Claims Number 04– Tyler, Texas DEPARTMENT OF HEALTH AND Court of Federal Claims Number 04– 1009V HUMAN SERVICES 341. Sonya Tolentino on behalf of 1063V Nanea Tolentino, Deceased 355. Amy Schlosser on behalf of Daniel National Institutes of Health Kealakekua, Hawaii Joseph Schlosser Court of Federal Claims Number 04– Tyler, Texas National Cancer Institute; Notice of 1014V Court of Federal Claims Number 04– Closed Meeting 342. Kimberly Dixon on behalf of Karl 1064V Coleman 356. Cheryl Thompson on behalf of Pursuant to section 10(d) of the New Orleans, Louisiana Aaron Thompson Federal Advisory Committee Act, as Court of Federal Claims Number 04– Tyler, Texas amended (5 U.S.C. Appendix 2), notice 1022V Court of Federal Claims Number 04– is hereby given of the following 343. Terri and Oscar Finley on behalf of 1065V meeting. Donovan Finley 357. Theresa and Dale Conkel on behalf The meeting will be closed to the New Orleans, Louisiana of Mark Conkel public in accordance with the Court of Federal Claims Number 04– Richardson, Texas provisions set forth in sections 1023V Court of Federal Claims Number 04– 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 344. Jacqueline and Steven Gilbert on 1072V as amended. The contract proposals and behalf of Taylor Gilbert 358. Sonia and Hector Rosado on behalf the discussions could disclose New Orleans, Louisiana of Hector Rosado confidential trade secrets or commercial Court of Federal Claims Number 04– Miami, Florida property such as patentable material, 1024V Court of Federal Claims Number 04– and personal information concerning 345. Sabrina and Clarence Toussaint on 1076V individuals associated with the contract behalf of Allen Toussaint 359. Heather Hamilton on behalf of proposals, the disclosure of which New Orleans, Louisiana Logan Hamilton, Deceased would constitute a clearly unwarranted Court of Federal Claims Number 04– Edmund, Oklahoma invasion of personal privacy. 1025V Court of Federal Claims Number 04– Name of Committee: National Cancer 346. Lauren and David Mason on behalf 1077V Institute Special Emphasis Panel, of Sage Mason 360. Lori Quast on behalf of Steven Metabolomics for Early Cancer Detection. Limestone, Texas Quast Date: March 22, 2005. Court of Federal Claims Number 04– Mattoon, Illinois Time: 1 p.m. to 4 p.m. 1027V Court of Federal Claims Number 04– Agenda: To review and evaluate contract 347. Kathleen and Neil Doherty on 1078V proposals. behalf of Connor Doherty 361. Teresa and Steven Myers on behalf Place: National Institutes of Health, 6116 Executive Boulevard, Rockville, MD 20852, Woodburn, Massachusetts of Audrey Myers (Telephone Conference Call). Court of Federal Claims Number 04– Charlotte, North Carolina Contact Person: Thomas M. Vollberg, PhD, 1033V Court of Federal Claims Number 04– Scientific Review Administrator, Special 348. Brenda and Ronald Knable on 1079V Review and Logistics Branch, Division of behalf of Paul Knable 362. Katie Jaynes on behalf of Marcus Extramural Activities, National Cancer Chicago, Illinois Cetell Institute, 6116 Executive Blvd., Room 7142, Court of Federal Claims Number 04– Somers Point, New Jersey Bethesda, MD 20892, (301) 594–9582, 1034V Court of Federal Claims Number 04– [email protected]. 349. Thomas Bell on behalf of Annmarie 1080V Any interested person may file written Bell 363. Bruce Stearns comments with the committee by forwarding Saint Croix Falls, Wisconsin the statement to the Contract Person listed on Suffolk, Virginia this notice. The statement should include the Court of Federal Claims Number 04– Court of Federal Claims Number 04– name, address, telephone number and when 1038V 1082V applicable, the business or professional 350. Carla and Kevin Long on behalf of 364. Cathleen and John Akers on behalf affiliation of the interested person. Colin James Long of John Henry Akers (Catalogue of Federal Domestic Assistance Vancouver, Washington Houston, Texas Program Nos. 93.392, Cancer Construction; Court of Federal Claims Number 04– Court of Federal Claims Number 04– 93.393, Cancer Cause and Prevention 1039V 1083V Research; 93.394, Cancer Detection and
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8392 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Diagnosis Research, 93.395, Cancer DEPARTMENT OF HEALTH AND Dated: February 11, 2005. Treatment Research; 93.396, Cancer Biology HUMAN SERVICES LaVerne Y. Stringfield, Research; 93.397, Cancer Centers Support; Director, Office of Federal Advisory 93.398, Cancer Research Manpower; 93.399, National Institutes of Health Committee Policy. Cancer Control, National Institutes of Health, [FR Doc. 05–3153 Filed 2–17–05; 8:45 am] HHS) National Institute of Allergy and BILLING CODE 4140–01–M Dated: February 10, 2005. Infectious Diseases; Notice of Closed Meetings LaVerne Y. Stringfield, DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory Pursuant to section 10(d) of the HUMAN SERVICES Committee Policy. Federal Advisory Committee Act, as [FR Doc. 05–3156 Filed 2–17–05; 8:45 am] amended (5 U.S.C. Appendix 2), notice National Institutes of Health BILLING CODE 4140–01–M is hereby given of the following meetings. National Institute on Alcohol Abuse and Alcoholism; Notice of Closed The meeting will be closed to the DEPARTMENT OF HEALTH AND Meetings public in accordance with the HUMAN SERVICES provisions set forth in sections Pursuant to section 10(d) of the Federal Advisory Committee Act, as National Institutes of Health 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice National Center for Complementary the discussions could disclose is hereby given of the following and Alternative Medicine; Notice of confidential trade secrets or commercial meetings. The meetings will be closed to the Closed Meeting property such as patentable material, and personal information concerning public in accordance with the provisions set forth in sections Pursuant to section 10(d) of the individuals associated with the grant 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Federal Advisory Committee Act, as applications, the disclosure of which would constitute a clearly unwarranted as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice invasion of personal privacy. the discussions could disclose is hereby given of the following confidential trade secrets or commercial Name of Committee: National Institute of meeting. property such as patentable material, Allergy and Infectious Diseases Special The meeting will be closed to the and personal information concerning Emphasis Panel Comprehensive International public in accordance with the Program of Research on AIDS (CIPRA). individuals associated with the grant provisions set forth in sections Date: March 8–9, 2005. applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 8:30 a.m. to 5 p.m. would constitute a clearly unwarranted as amended. The grant applications and Agenda: To review and evaluate grant invasion of personal privacy. the discussions could disclose applications. Name of Committee: National Institute on confidential trade secrets or commercial Place: Double Tree Rockville, 1750 Alcohol Abuse and Alcoholism Special property such as patentable material, Rockville Pike, Rockville, MD 20852. Emphasis Panel, ZAA1 HH (31) PAR–03–133 and personal information concerning Contact Person: Eugene R. Baizman, PhD, Rapid Response to College Drinking individuals associated with the grant Scientific Review Administrator, Scientific Problems—U18 Applications. Date: March 4, 2005. Review Program, Division of Extramural applications, the disclosure of which Time: 8:30 a.m. to 5 p.m. would constitute a clearly unwarranted Activities, National Institutes of Health/ Agenda: To review and evaluate grant invasion of personal privacy. NIAID, 6700B Rockledge Drive, MSC 7616, applications. Bethesda, MD 20892, (301) 402–1464. Place: Holiday Inn Select Bethesda, 8120 Name of Committee: National Center for [email protected]. Wisconsin Ave., Bethesda, MD 20814. Complementary and Alternative Medicine Name of Committee: National Institute of Contact Person: Jeffrey I. Toward, PhD, Special Emphasis Panel Training and Allergy and Infectious Diseases Special Scientific Review Administrator, National Education. Emphasis Panel Food Allergy Research Institutes of Health, National Institute on Date: March 7–8, 2005. Consortium and Statistical Center. Alcohol Abuse and Alcoholism, Extramural Time: 8 a.m. to 5 p.m. Project Review Branch, OEA, 5635 Fishers Date: March 14, 2005. Agenda: To review and evaluate grant Lane, Room 3033, Bethesda, MD 20892–9304. Time: 11:30 a.m. to 4:30 p.m. applications. (301) 435–5337. [email protected]. Agenda: To review and evaluate grant Place: Bethesda Marriott Suites, 6711 This notice is being published less than 15 applications. Democracy Boulevard, Bethesda, MD 20817. days prior to the meeting due to the timing Place: National Institutes of Health, Contact Person: Laurie Friedman Donze, limitations imposed by the review and Rockledge 6700, 6700B Rockledge Drive, PhD, Scientific Review Administrator, funding cycle. Bethesda, MD 20817. (Telephone conference National Center for Complement. & Alt. (Catalogue of Federal Domestic Assistance call.) Medicine, National Institutes of Health, 6707 Program Nos. 93.271, Alcohol Research Contact Person: Gregory P. Jarosik, PhD, Career Development Awards for Scientists Democracy Blvd. Suite 401, Bethesda, MD Scientific Review Administrator, Scientific and Clinicians; 93.272, Alcohol National 20892, (301) 402–1030, Review Program, Division of Extramural Research Service Awards for Research [email protected]. Activities, National Institutes of Health/ Training; 93.273, Alcohol Research Programs; Dated: February 10, 2005. NIAID, 6700B Rockledge Drive, MSC 7616, 93.891, Alcohol Research Center Grants, National Institutes of Health, HHS.) LaVerne Y. Stringfield, Bethesda, MD 20892, 301-496–0695. Director, Office of Federal Advisory [email protected]. Dated: February 11, 2005. Committee Policy. (Catalogue of Federal Domestic Assistance LaVerne Y. Stringfield, [FR Doc. 05–3169 Filed 2–17–05; 8:45 am] Program Nos. 93.855, Allergy, Immunology, Director, Office of Federal Advisory Committee Policy. BILLING CODE 4140–01–M and Transplantation Research; 93.856, Microbiology and Infectious Diseases [FR Doc. 05–3154 Filed 2–17–05; 8:45 am] Research, National Institutes of Health, HHS.) BILLING CODE 4140–01–M
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8393
DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Contact Person: Bettina D. Acuna, PhD, HUMAN SERVICES HUMAN SERVICES Scientific Review Administrator, Division of Extramural Activities, National Institute of National Institutes of Health National Institutes of Health Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6143, MSC 9608, National Institute of Mental Health; Bethesda, MD 20892–9608, (301) 443–1178, National Institute on Alcohol Abuse [email protected]. and Alcoholism; Notice of Closed Noice of Closed Meetings Name of Committee: National Institute of Meeting Pursuant to section 10(d) of the Mental Health Special Emphasis Panel, Federal Advisory Committee Act, as Psychostimulants. Pursuant to section 10(d) of the amended (5 U.S.C. Appendix 2), notice Date: March 9, 2005. Federal Advisory Committee Act, as is hereby given of the following Time: 9 a.m. to 5 p.m. amended (5 U.S.C. Appendix 2), notice meetings. Agenda: To review and evaluate grant is hereby given of the following The meetings will be closed to the applications. Place: Summerfield Suites by Wyndham, meeting. public in accordance with the 200 Skidmore Boulevard, Gaithersburg, MD The meeting will be closed to he provisions set forth in sections 20877. public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Yong Yao, PhD, Scientific provisions set forth in sections as amended. The grant applications and Review Administrator, Division of the discussions could disclose Extramural Activities, National Institute of 552b(c)(4) and 552b(c)(6), title 5 U.S.C., Mental Health, NIH, Neuroscience Center, as amended. The grant applications and confidential trade secrets or commercial property such as patentable material, 6001 Executive Blvd., Room 6149, MSC 9606, the discussions could disclose and personal information concerning Bethesda, MD 20892–9606, 301–443–6102, confidential trade secrets or commercial [email protected]. individuals associated with the grant property such as patentable material, Name of Committee: National Institute of applications, the disclosure of which and personal information concerning Mental Health Special Emphasis Panel Conte would constitute a clearly unwarranted Centers for Schizophrenia. individuals associated with the grant invasion of personal privacy. applications, the disclosure of which Date: March 10–11, 2005. Time: 8:30 a.m. to 5 p.m. would constitute a clearly unwarranted Name of Committee: National Institute of Mental Health Special Emphasis Panel Agenda: To review and evaluate grant invasion of personal privacy. National Latino and Asian American Study applications. Name of Committee: National Institute on Cooperative Agreements. Place: Summerfield Suites by Wyndham, 200 Skidmore Boulevard, Gaithersburg, MD Alcohol Abuse and Alcoholism Initial Date: March 7, 2005. 20877. Review Group Biomedical Research Review Time: 8 a.m. to 6 p.m. Contact Person: Peter J. Sheridan, PhD, Subcommittee Agenda: To review and evaluate cooperative agreement applications. Scientific Review Administrator, Division of Date: March 3–4, 2005. Place: Hyatt Regency Bethesda, One Extramural Activities, National Institute of Time: 3 p.m. to 4 p.m. Bethesda Metro Center, 7400 Wisconsin Mental Health, NIH, Neuroscience Center, Agenda: To review and evaluate grant Avenue, Bethesda, MD 20814. 6001 Executive Blvd., Room 6142, MSC 9606, applications. Contact Person: Mary E. Farmer, MD, MPH, Bethesda, MD 20892–9606, 301–443–1513, Place: Hyatt Regency Bethesda, One Scientific Review Administrator, [email protected]. Bethesda Metro Center, 7400 Wisconsin Neuroscience Center, 6001 Executive Name of Committee: National Institute of Avenue, Bethesda, MD 20814. Boulevard, Room 7191, Bethesda, MD 20892– Mental Health Special Emphasis Panel Conte Contact Person: Sathasiva B. Kandasamy, 9643, (301) 443–9869, Centers for Neuroscience Research. PhD, Scientific Review Administrator, Office [email protected]. Date: March 10–11, 2005. of Scientific Affairs, National Institute on Name of Committee: National Institute of Time: 9 a.m. to 6 p.m. Alcohol Abuse & Alcoholism, 5635 Fishers Mental Health Special Emphasis Panel ITV Agenda: To review and evaluate grant applications. Lane, Bethesda, MD 20892–9304, (301) 443– Conflicts. Date: March 8, 2005. Place: Holiday Inn Select Bethesda, 8120 2861, [email protected]. Wisconsin Ave, Bethesda, MD 20814. This notice is being published less than 15 Time: 1 p.m. to 3 p.m. Agenda: To review and evaluate grant Contact Person: Bettina D. Acuna, PhD, days prior to the meeting due to the timing applications. Scientific Review Administrator, Division of limitations imposed by the review and Place: National Institutes of Health, Extramural Activities, National Institute of funding cycle. Neuroscience Center, 6001 Executive Mental Health, NIH, Neuroscience Center, (Catalogue of Federal Domestic Assistance Boulevard, Rockville, MD 20852, (Telephone 6001 Executive Blvd., Room 6143, MSC 9608, Program Nos. 93.271, Alcohol Research Conference Call). Bethesda, MD 20892–9608, 301–443–1178, Career Development Awards for Scientists Contact Person: David I. Sommers, PhD, [email protected]. and Clinicians; 93.272, Alcohol National Scientific Review Administrator, Division of Name of Committee: National Institute of Research Service Awards for Research Extramural Activities, National Institute of Mental Health Special Emphasis Panel HIV Mental Health, NIH, Neuroscience Center, Medication Adherence. Training; 93.273, Alcohol Research Programs; 6001 Executive Blvd., Room 6144, MSC 9606, Date: March 11, 2005. 93.891, Alcohol Research Center Grants, Bethesda, MD 20892–9608, (301) 443–7861, Time: 8:30 a.m. to 5 p.m. National Institutes of Health, HHS). [email protected]. Agenda: To review and evaluate grant Dated: February 10, 2005. Name of Committee: National Institute of applications. Place: Holiday Inn Select Bethesda, 8120 LaVerne Y. Stringfield, Mental Health Special Emphasis Panel, Translational Research and Career Awards in Wisconsin Ave, Bethesda, MD 20814. Director, Office of Federal Advisory Mental Health. Contact Person: Fred Altman, PhD, Committee Policy. Date: March 8, 2005. Scientific Review Administrator, National [FR Doc. 05–3157 Filed 2–17–05; 8:45 am] Time: 1 p.m. to 4 p.m. Institute of Mental Health, Neuroscience BILLING CODE 4140–01–M Agenda: To review and evaluate grant Center, 6001 Executive Blvd., Room 6220, applications. MSC 9621, Bethesda, MD 20892–9621, 301– Place: National Institutes of Health, 443–8962, [email protected]. Neuroscience Center, 6001 Executive Name of Committee: National Institute of Boulevard, Rockville, MD 20852, (Telephone Mental Health Special Emphasis Panel Conference Call). Center Application Review.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8394 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Date:March 14, 2005. Bethesda, MD 20892, 301–435–3825. Biophysics Research; 93.859, Pharmacology, Time: 8:30 a.m. to 5 p.m. [email protected]. Physiology, and Biological Chemistry Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Research; 93.862, Genetics and applications. Program Nos. 93.375, Minority Biomedical Developmental Biology Research; 93.88, Place: Ritz-Carlton Hotel at Pentagon City, Research Support; 93.821, Cell Biology and Minority Access to Research Careers; 93.96, 1250 South Hayes Street, Arlington, VA Biophysics Research; 93.859, Pharmacology, Special Minority Initiatives, National 22202. Physiology, and Biological Chemistry Contact Person: Christopher S. Sarampote, Institutes of Health, HHS). Research; 93.862, Genetics and PhD, Scientific Review Administrator, Developmental Biology Research; 93.88, Dated: February 10, 2005. Division of Extramural Activities, National Minority Access to Research Careers; 93.96, Institute of Mental Health, NIH, LaVerne Y. Stringfield, Special Minority Initiatives, National Neuroscience Center, 6001 Executive Blvd., Director, Office of Federal Advisory Institutes of Health, HHS). Room 6148, MSC 9608, Bethesda, MD 20892– Committee Policy. Dated: February 10, 2005. 9608, 301–443–1959, [FR Doc. 05–3160 Filed 2–17–05; 8:45 am] [email protected]. LaVerne Y. Stringfield, Director, Office of Federal Advisory BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance Committee Policy. Program Nos. 93.242, Mental Health Research [FR Doc. 05–3159 Filed 2–17–05; 8:45 am] Grants; 93.281, Scientist Development DEPARTMENT OF HEALTH AND Award, Scientist Development Award for BILLING CODE 4140–01–M HUMAN SERVICES Clinicians, and Research Award; 93.282, Mental Health National Research Service National Institutes of Health Awards for Research Training, National DEPARTMENT OF HEALTH AND Institutes of Health, HHS). HUMAN SERVICES National Institute of Child Health and Dated: February 10, 2005. National Institutes of Health Human Development; Notice of Closed LaVerne Y. Stringfield, Meeting Director, Office of Federal Advisory National Institute of General Medical Committee Policy. Sciences; Notice of Closed Meeting Pursuant to section 10(d) of the [FR Doc. 05–3158 Filed 2–17–05; 8:45 am] Federal Advisory Committee Act, as BILLING CODE 4140–01–M Pursuant to section 10(d) of the amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as is hereby given of the following amended (5 U.S.C. Appendix 2), notice meeting. DEPARTMENT OF HEALTH AND is hereby given of the following HUMAN SERVICES meeting. The meeting will be closed to he The meeting will be closed to the public in accordance with the National Institutes of Health public in accordance with the provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., National Institute of General Medical as amended. The grant applications and Sciences; Notice of Closed Meetings 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose Pursuant to section 10(d) of the the discussions could disclose confidential trade secrets or commercial Federal Advisory Committee Act, as confidential trade secrets or commercial property such as patentable material, amended (5 U.S.C. Appendix 2), notice property such as patentable material and personal information concerning is hereby given of the following and personal information concerning individuals associated with the grant meetings. individuals associated with the grant applications, the disclosure of which The meetings will be closed to the applications, the disclosure of which would constitute a clearly unwarranted public in accordance with the would constitute a clearly unwarranted invasion of personal privacy. provisions set forth in sections invasion of personal privacy. Name of Committee: National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of Child Health and Human Development Initial as amended. The grant applications and General Medical Sciences Special Emphasis Review Group Developmental Biology the discussions could disclose Panel Anesthesiology Program Project Grant Subcommittee. confidential trade secrets or commercial Applications. Date: March 10–11, 2005. property such as patentable material, Date: February 28, 2005. Time: 8 a.m. to 5 p.m. and personal information concerning Time: 2 p.m. to 4 p.m. Agenda: To review and evaluate grant individuals associated with the grant Agenda: To review and evaluate grant applications. applications, the disclosure of which applications. Place: Hotel Washington, Pennsylvania would constitute a clearly unwarranted Place: National Institutes of Health, Ave. at 15 Street, NW., Washington, DC Natcher Building, 45 Center Drive, 3AN18, 20004. invasion of personal privacy. Bethesda, MD 20892, (Telephone Conference Name of Committee: National Institute of Call). Contact Person: Norman Chang, PhD, General Medical Sciences Special Emphasis Contact Person: Carole H. Latker, PhD, Scientific Review Administrator, Division of Panel Small Scale Centers for the Protein Scientific Review Administrator, Office of Scientific Review, National Institute of Child Structure Initiative. Scientific Review, National Institute of Health and Human Development, NIH, 6100 Date: March 14–15, 2005. General Medical Sciences, National Institutes Executive Blvd., Room 5B01, Bethesda, MD Time: 8 a.m. to 5 p.m. of Health, Natcher Building, Room 3AN–18, 20892, (301) 496–1485, Agenda: To review and evaluate grant Bethesda, MD 20892, (301) 594–2848, [email protected]. applications. [email protected]. (Catalogue of Federal Domestic Assistance Place: Bethesda Marriott Suites, 6711 This notice is being published less than 15 Program Nos. 93.864, Population Research; Democracy Boulevard, Bethesda, MD 20817. days prior to the meeting due to the timing Contact Person: C. Craig Hyde, PhD, limitations imposed by the review and 93.865, Research for Mothers and Children; Scientific Review Administrator, Office of funding cycle. 93.929, Center for Medical Rehabilitation Scientific Review, National Institute of (Catalogue of Federal Domestic Assistance Research; 93.209, Contraception and General Medical Sciences, National Institutes Program Nos. 93.375, Minority Biomedical Infertility Loan Repayment Program, National of Health, Building 45, Room 3AN18, Research Support, 93.821, Cell Biology and Institutes of Health, HHS).
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8395
Dated: February 10, 2005. DEPARTMENT OF HEALTH AND is hereby given of the following LaVerne Y. Stringfield, HUMAN SERVICES meeting. Director, Office of Federal Advisory The meeting will be closed to the Committee Policy. National Institutes of Health public in accordance with the [FR Doc. 05–3161 Filed 2–17–05; 8:45 am] provisions set forth in sections National Institute of Child Health and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–M Human Development; Notice of Closed as amended. The grant applications and Meeting the discussions could disclose DEPARTMENT OF HEALTH AND confidential trade secrets or commercial Pursuant to section 10(d) of the property such as patentable material, HUMAN SERVICES Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice National Institutes of Health individuals associated with the grant is hereby given of the following applications, the disclosure of which meeting. National Institute of General Medical would constitute a clearly unwarranted Sciences; Notice of Closed Meeting The meeting will be closed to the invasion of personal privacy. public in accordance with the Name of Committee: National Institute of Pursuant to section 10(d) of the provisions set forth in sections Child Health and Human Development Federal Advisory Committee, Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Special Emphasis Panel Adaptive Mucosal amended (5 U.S.C. Appendix 2), notice as amended. The grant applications and Immunity in Acute Intestinal Injury. the discussions could disclose Date: March 3, 2005. is hereby given of the following confidential trade secrets or commercial Time: 10 a.m. to 12 p.m. meeting. property such as patentable material, Agenda: To review and evaluate grant The meeting will be closed to the and personal information concerning applications. public in accordance with the Place: National Institutes of Health, 6100 individuals associated with the grant Executive Boulevard, Room 5B01, Rockville, provisions set forth in sections applications, the disclosure of which MD 20852, (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), title 5 U.S.C., would constitute a clearly unwarranted Contact Person: Kishena C. Wadhwani, as amended. The grant applications and invasion of personal privacy. PhD, MPH, Scientific Review Administrator, the discussions could disclose Name of Committee: National Institute of Division of Scientific Review, 9000 Rockville confidential trade secrets or commercial Child Health and Human Development Initial Pike, MSC 7510, 6100 Building, Room 5B01, property such as patentable material, Review Group, Obstetrics and Maternal-Fetal Bethesda, MD 20892–7510, (301) 496–1485, [email protected]. and personal information concerning Biology Subcommittee. Date: March 14, 2005. This notice is being published less than 15 individuals associated with the grant days prior to the meeting due to the timing applications, the disclosure of which Time: 8:30 a.m. to 5 p.m. Agenda: To review and evaluate grant limitations imposed by the review and would constitute a clearly unwarranted applications. funding cycle. invasion of personal privacy. Place: Holiday Inn Select Bethesda, 8120 (Catalogue of Federal Domestic Assistance Name of Committee: Minority Programs Wisconsin Ave, Bethesda, MD 20814. Program Nos. 93.864, Population Research; Review Committee, MBRS Review Contact Person: Gopal M. Bhatnagar, PhD, 93.865, Research for Mothers and Children; Scientific Review Administrator, National 93.929, Center for Medical Rehabilitation Subcommittee B. Institute of Child Health and Human Research; 93.209, Contraception and Date: March 14–15, 2005. Development, National Institutes of Health, Infertility Loan Repayment Program, National Time: 8:30 a.m. to 2 p.m. 6100 Bldg Rm 5B01, Rockville, MD 20852, Institutes of Health, HHS). Agenda: To review and evaluate grant (301) 435–6889, [email protected]. applications. Dated: February 10, 2005. (Catalogue of Federal Domestic Assistance Place: Holiday Inn Select Bethesda, 8120 LaVerne Y. Stringfield, Program Nos. 93.864, Population Research; Director, Office of Federal Advisory Wisconsin Ave, Bethesda, MD 20814. 93.865, Research for Mothers and Children; Committee Policy. Contact Person: N. Kent Peters, PhD, Office 93.929, Center for Medical Rehabilitation of Scientific Review, National Institute of Research; 93.209, Contraception and [FR Doc. 05–3164 Filed 2–17–05; 8:45 am] General Medical Sciences, National Institutes Infertility Loan Repayment Program, National BILLING CODE 4140–01–M of Health, 45 Center Drive, Room 18ANK, Institutes of Health, HHS). Bethesda, MD 20892, (301) 594–2408, Dated: February 10, 2005. [email protected]. DEPARTMENT OF HEALTH AND LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance HUMAN SERVICES Director, Office of Federal Advisory Program Nos. 93.375, Minority Biomedical Committee Policy. National Institutes of Health Research Support; 93.821, Cell Biology and [FR Doc. 05–3163 Filed 2–17–05; 8:45 am] Biophysics Research; 93.859, Pharmacology, BILLING CODE 4140–01–M National Institute of Child Health and Physiology, and Biological Chemistry Human Development; Notice of Closed Research; 93.862, Genetics and Meeting Developmental Biology Research; 93.88, DEPARTMENT OF HEALTH AND Minority Access to Research Careers; 93.96, HUMAN SERVICES Pursuant to section 10(d) of the Special Minority Initiatives, National Federal Advisory Committee Act, as Institutes of Health, HHS). National Institutes of Health amended (5 U.S.C. Appendix 2), notice Dated: February 10, 2005. is hereby given of the following National Institute of Child Health and meeting. LaVerne Y. Stringfield, Human Development; Notice of Closed The meetings will be closed to the Director, Office of Federal Advisory Meeting public in accordance with the Committee Policy. provisions set forth in sections [FR Doc. 05–3162 Filed 2–17–05; 8:45 am] Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140–01–M Federal Advisory Committee Act, as as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice the discussions could disclose
VerDate jul<14>2003 17:28 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8396 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
confidential trade secrets or commercial Date: March 15–16, 2005. (Catalogue of Federal Domestic Assistance property such as patentable material, Time: 3 p.m. to 12 p.m. Program Nos. 93.847, Diabetes, and personal information concerning Agenda: To review and evaluate grant Endocrinology and Metabolic Research; individuals associated with the grant applications. 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology applications, the disclosure of which Place: Holiday Inn Select Bethesda, 8120 Wisconsin Ave, Bethesda, MD 20814. and Hematology Research, National Institutes would constitute a clearly unwarranted Contact Person: Jon M. Ranhand, PhD, of Health, HHS). invasion of personal privacy. Scientist Review Administrator, Division of Dated: February 10, 2005. Scientific Review, National Institute of Child Name of Committee: National Institute on LaVerne Y. Stringfield, Child Health and Human Development Health and Human Development, NIH, 6100 Special Emphasis Panel, Differential Executive Boulevard, Room 5B01, Bethesda, Director, Office of Federal Advisory Hormonal Regulation of Spinothalamic Cells. MD 20892. (301) 435–6884. Committee Policy. Date: March 10, 2005. [email protected]. [FR Doc. 05–3167 Filed 2–17–05; 8:45 am] Time: 10 a.m. to 11:30 a.m. (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Agenda: To review and evaluate grant Program Nos. 93.864, Population Research; applications. 93.865, Research for Mothers and Children; Place: National Institutes of Health, 6100 93.929, Center for Medical Rehabilitation DEPARTMENT OF HEALTH AND Executive Boulevard, Room 5B01, Rockville, Research; 93.209, Contraception and HUMAN SERVICES MD 20851, (Telephone Conference Call). Infertility Loan Repayment Program, National Contact Person: Jon M. Ranhand, PhD, Institutes of Health, HHS). National Institutes of Health Scientific Review Administrator, Division of Dated: February 10, 2005. Scientific Review, National Institute of Child National Institute of Diabetes and Health and Human Development NIH, 6100 LaVerne Y. Stringfield, Digestive And Kidney Diseases; Notice Executive Boulevard, Room 5B01, Bethesda, Director, Office of Federal Advisory MD 20892, (301) 435–6884, Committee Policy. of Closed Meeting [email protected]. [FR Doc. 05–3166 Filed 2–17–05; 8:45 am] Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Federal Advisory Committee Act, as Program Nos. 93.864, Population Research; amended (5 U.S.C. Appendix 2), notice 93.865, Research for Mothers and Children; is hereby given of the following 93.929, Center for Medical Rehabilitation DEPARTMENT OF HEALTH AND meeting. Research; 93.209, Contraception and HUMAN SERVICES Infertility Loan Repayment Program, National The meeting will be closed to he Institutes of Health, HHS). public in accordance with the National Institutes of Health provisions set forth in sections Dated: February 10, 2005. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of Diabetes and LaVerne Y. Stringfield, as amended. The grant applications and Digestive and Kidney Diseases; Notice Director, Office of Federal Advisory the discussions could disclose of Closed Meeting Committee Policy. confidential trade secrets or commercial [FR Doc. 05–3165 Filed 2–17–05; 8:45 am] Pursuant to section 10(d) of the property such as patentable material, BILLING CODE 4140–01–M Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice individuals associated with the grant is hereby given of the following applications, the disclosure of which DEPARTMENT OF HEALTH AND meeting. would constitute a clearly unwarranted HUMAN SERVICES The meeting will be closed to the invasion of personal privacy. public in accordance with the National Institutes of Health Name of Committee: National Institute of provisions set forth in sections Diabetes and Digestive and Kidney Diseases National Institute of Child Health and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Special Emphasis Panel Liver Failure. Human Development; Notice of Closed as amended. The grant applications and Date: March 25, 2005. Time: 8 a.m. to 5 p.m. Meeting the discussions could disclose confidential trade secrets or commercial Agenda: To review and evaluate grant Pursuant to section 10(d) of the property such as patentable material, applications. Federal Advisory Committee Act, as Place: Bethesda Marriott Suites, 6711 and personal information concerning Democracy Boulevard, Bethesda, MD 20817. amended (5 U.S.C. Appendix 2), notice individuals associated with the grant Contact Person: Barbara A. Woynarowska, is hereby given of the following applications, the disclosure of which PhD, Scientific Review Administrator, meeting. would constitute a clearly unwarranted Review Branch, DEA, NIDDK, National The meeting will be closed to the invasion of personal privacy. Institutes of Health, Room 754, 6707 public in accordance with the Democracy Boulevard, Bethesda, MD 20892, Name of Committee: National Institute of provisions set forth in sections (301) 402–7172, Diabetes and Digestive and Kidney Diseases [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Special Emphasis Panel, Clinical Nutrition as amended. The grant applications and Research Units. (Catalogue of Federal Domestic Assistance the discussions could disclose Date: March 9–11, 2005. Program Nos. 93.847, Diabetes, confidential trade secrets or commercial Time: 8 a.m. to 3 p.m. Endocrinology and Metabolic Research; property such as patentable material, Agenda: To review and evaluate grant 93.848, Digestive Diseases and Nutrition and personal information concerning applications. Research; 93.849, Kidney Diseases, Urology Place: Four Points by Sheraton Bethesda, and Hematology Research, National Institutes individuals associated with the grant of Health, HHS). applications, the disclosure of which 8400 Wisconsin Avenue, Bethesda, MD 20814. would constitute a clearly unwarranted Dated: February 10, 2005. Contact Person: Michele L. Barnard, PhD, LaVerne Y. Stringfield, invasion of personal privacy. Scientific Review Administrator, Review Director, Office of Federal Advisory Name of Committee: National Institute of Branch, DEA, NIDDK, National Institutes of Committee Policy. Child Health and Human Development Initial Health, Room 753, 6707 Democracy Review Group, Reproduction, Andrology, Boulevard, Bethesda, MD 20892–5452, (301) [FR Doc. 05–3168 Filed 2–17–05; 8:45 am] and Gynecology Subcommittee. 594–8898, [email protected]. BILLING CODE 4140–01–M
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8397
DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Center for Scientific Review, National HUMAN SERVICES HUMAN SERVICES Institutes of Health, 6701 Rockledge Drive, Room 5202, MSC 7846, Bethesda, MD 20892, National Institutes of Health National Institutes of Health (301) 435–1172, [email protected]. Name of Committee: Center for Scientific Center For Scientific Review; Amended Center for Scientific Review; Notice of Review Special Emphasis Panel, Vision SBIR Notice of Meeting Closed Meetings BDCN IRG. Date: March 7, 2005. Pursuant to section 10(d) of the Time: 3 p.m. to 5 p.m. Notice is hereby given on a change in Federal Advisory Committee Act, as Agenda: To review and evaluate grant the meeting of the Center for Scientific amended (5 U.S.C. Appendix 2), notice applications. Review Special Emphasis Panel, is hereby given of the following Place: National Institutes of Health, 6701 February 24, 2005, 8 a.m. to February meetings. Rockledge Drive, Bethesda, MD 20892 25, 2005, 5 p.m., Hyatt Regency The meetings will be closed to the (Telephone Conference Call). Contact Person: Christine A. Livingston, Bethesda, One Bethesda Metro Center, public in accordance with the PhD., Scientific Review Administrator, 7400 Wisconsin Avenue, Bethesda, MD, provisions set forth in sections Center for Scientific Review, National 20814 which was published in the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Institutes of Health, 6701 Rockledge Drive, Federal Register on January 31, 2005, 70 as amended. The grant applications and Room 5202, MSC 7846, Bethesda, MD 20892, FR 4880. the discussions could disclose (301) 435–1172; [email protected]. The starting time of the meeting has confidential trade secrets or commercial Name of Committee: Genes, Genomes, and property such as patentable material, Genetics Integrated Review Group, Molecular been changed to 7:30 p.m. on February and personal information concerning Genetics A Study Section. 24, 2005. The meeting dates and individuals associated with the grant Date: March 10–11, 2005. location remain the same. The meeting applications, the disclosure of which Time: 8 a.m. to 4 p.m. is closed to the public. Agenda: To review and evaluate grant would constitute a clearly unwarranted applications. Dated: February 11, 2005. invasion of personal privacy. Place: Wyndham City Center Hotel, 1143 LaVerne Y. Stringfield, Name of Committee: Center for Scientific New Hampshire Ave., NW., Washington, DC Director, Office of Federal Advisory Review Special Emphasis Panel, Mutation 20037. Committee Policy. and Signal Transduction. Contact Person: Michael M. Sveda, PhD., Date: February 25, 2005. Scientific Review Administrator, Center for [FR Doc. 05–3151 Filed 2–17–05; 8:45 am] Time: 3:30 p.m. to 5:30 p.m. Scientific Review, National Institutes of BILLING CODE 4140–01–M Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5152, applications. MSC 7842, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 3565; [email protected]. DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892 Name of Committee: Center for Scientific HUMAN SERVICES (Telephone Conference Call). Review Special Emphasis Panel, Microscopic Contact Person: Hungyi Shau, PhD., Imaging Study Section. National Institutes of Health Scientific Review Administrator, Center for Date: March 10–11, 2005. Scientific Review, National Institutes of Time: 8 a.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 6214, Agenda: To review and evaluate grant Center for Scientific Review; Amended MSC 7804, Bethesda, MD 20892, 301–435– Notice of Meeting applications. 1720, [email protected]. Place: Hyatt Regency Bethesda, One This notice is being published less than 15 Bethesda Metro Center, 7400 Wisconsin Notice is hereby given of a change in days prior to the meeting due to the timing Avenue, Bethesda, MD 20814. the meeting of the Center for Scientific limitations imposed by the review and Contact Person: Sally Ann Amero, PhD., Review Special Emphasis Panel, funding cycle. Scientific Review Administrator, Center for February 25, 2005, 8:30 a.m. to February Name of Committee: Center for Scientific Science Review, National Institutes of 25, 2005, 5 p.m., George Washington Review Special Emphasis Panel, Bacterial Health, 6701 Rockledge Drive, Room 4190, Diseases, Food Safety and General University Inn, 824 New Hampshire MSC 7826, Bethesda, MD 20892, 301–435– Microbiology. 1159 [email protected]. Ave,, NW., Washington, DC 20037 Date: March 7–8, 2005. which was published in the Federal Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel, ZRG1 BCHI Register on January 31, 2005, 70 FR 01Q: Biomedical Computing and Health 4880. applications. Place: Latham Hotel, 3000 M Street, NW., Informatics: Quorum. The meeting will be held at One Washington, DC 20007. Date: March 10–11, 2005. Washington Circle Hotel, One Contact Person: Marian Wachtel, PhD., Time: 8 a.m. to 5 p.m. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Washington Circle, NW., Washington, applications. DC 20067. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3208, Place: Bethesda Marriott, 5151 Pooks Hill The meeting times and date remain MSC 7858, Bethesda, MD 20892, 301–435– Road, Bethesda, MD 20814. the same. The meeting is closed to the 1148, [email protected]. Contact Person: Bill Bunnag, PhD., public. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Review Special Emphasis Panel, Vision SBIR Scientific Review, National Institutes of Dated: February 11, 2005. BDCN IRG. Health, 6701 Rockledge Drive, Room 5124, LaVerne Y. Stringfield, Date: March 7, 2005. MSC 7854, Bethesda, MD 20892, (301) 435– 1177 [email protected]. Director, Office of Federal Advisory Time: 1 p.m. to 3 p.m. Name of Committee: Center for Scientific Committee Policy. Agenda: To review and evaluate grant applications. Review Special Emphasis Panel, Infectious [FR Doc. 05–3152 Filed 2–17–05; 8:45 am] Place: National Institutes of Health, 6701 Diseases and Microbiology. BILLING CODE 4140–01–M Rockledge Drive, Bethesda, MD 20892 Date: March 10–11, 2005. (Telephone Conference Call). Time: 8 a.m. to 5 p.m. Contact Person: Christine A. Livingston, Agenda: To review and evaluate grant PhD., Scientific Review Administrator, applications.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8398 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Place: Holiday Inn Select Bethesda, 8120 Place: The Fairmont Washington, DC, 2401 Date: March 11, 2005. Wisconsin Ave, Bethesda, MD 20814. M Street NW., Washington, DC 20037. Time: 8 a.m. to 6 p.m. Contact Person: Alexander D. Politis, PhD., Contact Person: Vonda K. Smith, PhD., Agenda: To review and evaluate grant Scientific Review Administrator, Center for Scientific Review Administrator, Center for applications. Scientific Review, National Institutes of Scientific Review, National Institutes of Place: Holiday Inn Select Bethesda, 8120 Health, 6701 Rockledge Drive, Room 3210, Health, 6701 Rockledge Drive, Room 4172, Wisconsin Ave, Bethesda, MD 20814. MSC 7808, Bethesda, MD 20892, (301) 435– MSC 7806, Bethesda, MD 20892, 301–435– Contact Person: Ai-Ping Zoe, PhD., MD, 1150; [email protected]. 1789; [email protected]. Scientific Review Administrator, Center for Name of Committee: Center for Scientific Name of Committee: Center for Scientific Scientific Review, National Institutes of Review Special Emphasis Panel, Review Special Emphasis Panel, Myofibrillar Health, 6701 Rockledge Drive, Room 4118, Pharmacology and Diagnostics for Proteins in Striated Muscles. MSC 7814, Bethesda, MD 20892, (301) 435– Neuropsychiatric Disorders. Date: March 10, 2005. 1777. [email protected]. Date: March 10–11, 2005. Time: 1 p.m. to 2 p.m. Name of Committee: Center for Scientific Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Review Special Emphasis Panel, Small Agenda: To review and evaluate grant applications. Business Occupational Health. applications. Place: National Institutes of Health, 6701 Date: March 11, 2005. Place: Holiday Inn Select Bethesda, 8120 Rockledge Drive, Bethesda, MD 20892 Time: 9 a.m. to 3 p.m. Wisconsin Ave, Bethesda, MD 20814. (Telephone Conference Call). Agenda: To review and evaluate grant Contact Person: Jerome R. Wujek, PhD., Contact Person: Rajiv Kumar, PhD., applications. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Place: Holiday Inn Select, 480 King Street, Scientific Review, National Institutes of Scientific Review, National Institutes of Alexandria, VA 22314. Health, 6701 Rockledge Drive, Room 5194, Health, 6701 Rockledge Drive, Room 4122, Contact Person: Charles N. Rafferty, PhD., MSC 7846, Bethesda, MD 20892, (301) 435– MSC 7802, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for 2507; [email protected]. 1212, [email protected].. Scientific Review, National Institutes of Name of Committee: Center for Scientific Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3172, Review Special Emphasis Panel, Biodata Review Special Emphasis Panel, Tissue MSC 7816, Bethesda, MD 20892, 301–435– Management and Analysis. Factor-factor VIIA Signaling and Molecular 3562; [email protected]. Date: March 10–11, 2005. Mechanisms of Fibrinolysis. Time: 8:30 a.m. to 5 p.m. Date: March 10, 2005. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Time: 2 p.m. to 4 p.m. Review Special Emphasis Panel, applications. Agenda: To review and evaluate grant Reproduction, Nutrition, and Metabolism. Place: Holiday Inn Select, 480 King Street, applications. Date: March 11, 2005. Alexandria, VA 22314. Place: National Institute of Health, 6701 Time: 11 a.m. to 2 p.m. Contact Person: Marc Rigas, PhD., Rockledge Drive, Bethesda, MD 20892, Agenda: To review and evaluate grant Scientific Review Administrator, Center for (Telephone Conference Call). applications. Scientific Review, National Institutes of Contact Person: Robert T. Su, PhD., Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 4194, Scientific Review Administrator, Center for Rockledge Drive, Bethesda, MD 20892, MSC 7826, Bethesda, MD 20892, 301–402– Scientific Review, National Institutes of (Telephone Conference Call). 1074; [email protected]. Health, 6701 Rockledge Drive, Room 4134, Contact Person: Michael Knecht, PhD., Name of Committee: Center for Scientific MSC 7802, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for Review Special Emphasis Panel, Acute 1195. [email protected]. Scientific Review, National Institutes of Neurodegeneration. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 6176, Date: March 10–11, 2005. Review Special Emphasis Panel, Leishmania, MSC 7892, Bethesda, MD 20892, (301) 435– Time: 8:30 a.m. to 5 p.m. Date: March 10, 2005. 1046; [email protected]. Agenda: To review and evaluate grant Time: 3 p.m. to 4 p.m. (Catalogue of Federal Domestic Assistance applications. Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; Place: Holiday Inn Select Bethesda, 8120 applications. 93.333, Clinical Research, 93.306, 93.333, Wisconsin Ave, Bethesda, MD 20814. Place: National Institute of Health, 6701 93.337, 93.393–93.396, 93.837–93.844, Contact Person: Seetha Bhagavan, PhD., Rockledge Drive, Bethesda, MD 20892, 93.846–93.878, 93.892, 93.393, National Scientific Review Administrator, Center for (Telephone Conference Call). Institutes of Health, HHS). Scientific Review, National Institutes of Contact Person: Fouad A. El-Zaatari, PhD., Dated: February 10, 2005. Health, 6701 Rockledge Drive, Room 3022D, Scientific Review Administrator, Center for MSC 7846, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of LaVerne Y. Stringfield, 1211; [email protected]. Health, 6701 Rockledge Drive, Room 3206, Director, Office of Federal Advisory Name of Committee: Center for Scientific MSC 7808, Bethesda, MD 20814–9692, (301) Committee Policy. Review Special Emphasis Panel, Chemical 435–1149; [email protected]. [FR Doc. 05–3155 Filed 2–17–05; 8:45 am] and Bioanalytical Sciences. Name of Committee: Center for Scientific BILLING CODE 4140–01–M Date: March 10–11, 2005. Review Special Emphasis Panel, Time: 8:30 a.m. to 5 p.m. Endocrinology, Metabolism, Nutrition, and Agenda: To review and evaluate grant Reproductive Science. DEPARTMENT OF HEALTH AND applications. Date: March 10–11, 2005. HUMAN SERVICES Place: Churchill Hotel, 1914 Connecticut Time: 7 p.m. to 3 p.m. Avenue, NW., Washington, DC 20009. Agenda: To review and evaluate grant Substance Abuse and Mental Health Contact Person: David R. Jollie, PhD., applications. Scientific Review Administrator, Center for Place: Hyatt Regency Bethesda, One Services Administration Scientific Review, National Institutes of Bethesda Metro Center, 7400 Wisconsin Health, 6701 Rockledge Drive, Room 4156, Avenue, Bethesda, MD 20814. Agency Information Collection MSC 7806, Bethesda, MD 20892, (301) 435– Contact Person: Krish Krishnan, PhD., Activities Under Emergency Review by 1722, [email protected]. Scientific Review Administrator, Center for the Office of Management and Budget Name of Committee: Center for Scientific Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6164, The Substance Abuse and Mental Review Special Emphasis Panel, Chemistry/ Health Services Administration Biophysics SBIR/STTR Panel. MSC 7892, Bethesda, MD 20892, (301) 435– Date: March 10–11, 2005. 1041, [email protected]. (SAMHSA) has submitted the following Time: 8:30 a.m. to 5 p.m. Name of Committee: Center for Scientific request (see below) for emergency OMB Agenda: To review and evaluate grant Review Special Emphasis Panel, Vascular review under the Paperwork Reduction applications. Bioengineering Partnership. Act (44 U.S.C. Chapter 35). OMB
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8399
approval has been requested by culturally appropriate prevention is not requiring the use of these February 28, 2005. A copy of the strategies, policies, and systems; and measures if (1) The program does not information collection plans may be capacity building for states and already plan to target change in the obtained by calling the SAMHSA community-based providers. Data are specified construct(s) and/or (2) the Reports Clearance Officer on (240) 276– collected from CSAP grants and measure is not valid for the program’s 1243. contracts where participant outcomes targeted population. The Core Measures Title: Core Measures for the Center for are assessed pre- and post-intervention. are only to be used if appropriate to the Substance Abuse Prevention. The analysis of these data help program’s target population and OMB Number: 0930–0230. determine whether progress is being consistent with the outcome(s) selected Frequency: Semi-annually. made in achieving CSAP’s mission. The by the program. Consequently, no Affected public: Non-Profit additional burden on the target Institutions. primary purpose of the proposed data activity is to promote the use among population is estimated because the Proposed Project: Core Measures for the CSAP grantees and contractors of program is not being asked to collect Center for Substance Abuse measures recommended by CSAP as a data above and beyond what would Prevention—Reinstatement Without result of extensive examination and already have been planned. Change recommendations, using consistent The annual burden estimated is that The mission of SAMHSA’s Center for criteria, by panels of experts. The use of for the grantees to extract the necessary Substance Abuse Prevention (CSAP) is consistent measurement for specified data from their files and provide it to to decrease substance use and abuse and constructs across CSAP funded projects CSAP’s data coordinating center. The related problems among the American will improve CSAP’s Performance and table below summarizes the maximum public by bridging the gap between Results Act (GPRA) and address goals estimated time, i.e., if all programs used research and practice. CSAP and objectives outlined in the Office of all of the Core Measures—which is accomplishes this through field-testing National Drug Control Policy’s unlikely. scientifically defensible programs; Performance Measures of Effectiveness. The following table is the estimated disseminating comprehensive, It is important to emphasize that CSAP hour burden: ESTIMATES OF ANNUALIZED HOUR BURDEN [FY05]
Number of Responses/ Hours/ CSAP program grantees grantee response Total hours
Knowledge Development: Club drugs methamphetamine ...... 22 2 3 132 Fetal alcohol ...... 6 2 3 36 Workplace ...... 13 2 3 78 Targeted Capacity Enhancement: HIV/Targeted Capacity ...... 45 2 3 270 SPF Sig ...... 21 2 3 126
FY 05 Total ...... 106 ...... 642
An emergency 6 month approval is DEPARTMENT OF HOMELAND to OMB, the Coast Guard is inviting being requested because SAMHSA SECURITY comments on them as described below. needs this data collection to continue. DATES: Comments must reach the Coast There are no substantive changes. The Coast Guard Guard on or before April 19, 2005. agency will seek a regular clearance ADDRESSES: To make sure that your within six months. [USCG–2005–20338] comments and related material do not Written comments and enter the docket [USCG–2005–20338] Collection of Information Under more than once, please submit them by recommendations concerning the Review by Office of Management and proposed information collection should only one of the following means: Budget (OMB): OMB Control Numbers: (1) By mail to the Docket Management be sent within 5 days of this notice to: 1625–0067 and 1625–0068 Facility, U.S. Department of John Kraemer, Human Resources and Transportation (DOT), Room PL–401, Housing Branch, Office of Management AGENCY: Coast Guard, DHS. 400 Seventh Street SW., Washington, and Budget, New Executive Office ACTION: Request for comments. DC 20590–0001. Building, Room 10235, Washington, DC (2) By delivery to room PL–401 on the 20503; due to potential delays in OMB’s SUMMARY: In compliance with the Plaza level of the Nassif Building, 400 receipt and processing of mail sent Paperwork Reduction Act of 1995, the Seventh Street SW., Washington, DC, through the U.S. Postal Service, Coast Guard intends to seek the between 9 a.m. and 5 p.m., Monday respondents are encouraged to submit approval of OMB for the renewal of two through Friday, except Federal holidays. comments by fax to: 202–395–6974. Information Collection Requests (ICRs). The telephone number is 202–366– Dated: February 14, 2005. The ICRs comprise (1) 1625–0067, 9329. Claims Under the Oil Pollution Act of (3) By fax to the Docket Management Anna Marsh, 1990, and (2) 1625–0068 State Access to Facility at 202–493–2251. Executive Officer, SAMHSA. The Oil Spill Liability Trust Fund For (4) Electronically through the Web [FR Doc. 05–3136 Filed 2–17–05; 8:45 am] Removal Costs Under the Oil Pollution Site for the Docket Management System BILLING CODE 4162–20–P Act of 1990. Before submitting the ICRs at http://dms.dot.gov.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8400 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
The Docket Management Facility underlying requirements in view of manner in which to obligate the Fund. maintains the public docket for this them. To ensure fair and reasonable payments notice. Comments and material received Viewing comments and documents: to States and to protect the interests of from the public, as well as documents To view comments, as well as the Federal Government, States must mentioned in this notice as being documents mentioned in this notice as fully substantiate all expenditures that available in the docket, will become part being available in the docket, go to they submit and must follow the of this docket and will be available for http://dms.dot.gov at any time and procedures for presentation of those inspection or copying at room PL–401 conduct a simple search using the expenditures to the Fund. on the Plaza level of the Nassif Building, docket number. You may also visit the Respondents: State Governments. 400 Seventh Street SW., Washington, Docket Management Facility in room Frequency: On occasion. DC, between 9 a.m. and 5 p.m., Monday PL–401 on the Plaza level of the Nassif Burden Estimate: The estimated through Friday, except Federal holidays. Building, 400 Seventh Street, SW., burden remains the same, 3 hours a You may also find this docket on the Washington, DC, between 9 a.m. and 5 year. Internet at http://dms.dot.gov. p.m., Monday through Friday, except Dated: February 11, 2005. Copies of the complete ICRs are Federal holidays. Nathaniel S. Heiner, available through this docket on the Privacy Act: Anyone can search the Acting, Assistant Commandant for Internet at http://dms.dot.gov, and also electronic form of all comments Command, Control, Communications, from Commandant (CG–611), U.S. Coast received in dockets by the name of the Computers and, Information Technology. Guard Headquarters, Room 6106 (Attn: individual submitting the comment (or [FR Doc. 05–3118 Filed 2–17–05; 8:45 am] Ms Barbara Davis), 2100 Second Street signing the comment, if submitted on BILLING CODE 4910–15–P SW., Washington, DC 20593–0001. The behalf of an association, business, labor telephone number is 202–267–2326. union, etc.). You may review the FOR FURTHER INFORMATION CONTACT: Ms. Privacy Act Statement of DOT in the DEPARTMENT OF HOMELAND Barbara Davis, Office of Information Federal Register published on April 11, SECURITY Management, telephone 202–267–2326, 2000 (65 FR 19477), or you may visit fax 202–267–4814 for questions on these http://dms.dot.gov. Coast Guard documents; or Ms. Andrea M. Jenkins, Information Collection Requests [USCG–2004–19591] Program Manager, Docket Operations, 202–366–0271, for questions on the 1. Title: Claims Under the Oil Collection of Information Under docket. Pollution Act of 1990. Review by Office of Management and OMB Control Number: 1625–0067. Budget (OMB): 1625–0005, 1625–0020, SUPPLEMENTARY INFORMATION: Summary: The Coast Guard will use 1625–0029, 1625–0031, 1625–0085 and Public participation and request for the information collected under this 1625–0096 comments. We encourage you to information collection request to (1) participate in this request for comment determine whether oil-spill-related AGENCY: Coast Guard, DHS. by submitting comments and related claims submitted to the Oil Spill ACTION: Request for comments. materials. We will post all comments Liability Trust Fund are compensable SUMMARY: In compliance with the received, without change, to http:// and, (2) if they are, to ensure proper Paperwork Reduction Act of 1995, this dms.dot.gov, and they will include any compensation for the claimant. request for comments announces that personal information you have Need: If the requested information is the Coast Guard has forwarded six provided. We have an agreement with not collected, the Coast Guard will be Information Collection Reports (ICRs)— DOT to use the Docket Management unable to comply with the provisions of (1) 1625–0005, Application and Permit Facility. Please see the paragraph on OPA [33 U.S.C. 2708, 2713 and 2714] to to Handle Hazardous Material; (2) 1625– DOT’s ‘‘Privacy Act Policy’’ below. ensure the making of fair and reasonable 0020, Security Zones, Regulated Submitting comments: If you submit a payments to claimants of fully Navigation Areas, and Safety Zones; (3) comment, please include your name and substantiated claims and to protect the 1625–0029, Self-propelled Liquefied address, identify the docket number for interest of the Federal Government. Gas Vessels; (4) 1625–0031, Plan this request for comment [USCG–2005– Respondents: Claimants and Approval and Records for Electrical 20338], indicate the specific section of responsible parties of oil spills. Engineering Regulations—Title 46 CFR this document to which each comment Frequency: On occasion. applies, and give the reason for each Burden Estimate: The estimated Subchapter J; (5) 1625–0085, comment. You may submit your burden has been increased from 13,722 Streamlined Inspection Program; and (6) comments and material by electronic hours to 14,800 hours a year. 1625–0096, Report of Oil or Hazardous means, mail, fax, or delivery to the 2. Title: State Access to the Oil Spill Substance Discharge, and Report of Docket Management Facility at the Liability Trust Fund for Removal Costs Suspicious Maritime Activity— address under ADDRESSES; but please Under the Oil Pollution Act of 1990. abstracted below, to the Office of submit them by only one means. If you OMB Control Number: 1625–0068. Information and Regulatory Affairs submit them by mail or delivery, submit Summary: The Coast Guard will use (OIRA) of the Office of Management and them in an unbound format, no larger information provided by the State to the Budget (OMB) for review and comment. than 81⁄2 by 11 inches, suitable for Coast Guard National Pollution Funds Our ICR describes the information we copying and electronic filing. If you Center to determine whether seek to collect from the public. Review submit them by mail and would like to expenditures submitted by the state to and comment by OIRA ensures that we know that they reached the Facility, the Oil Spill Liability Trust Fund are impose only paperwork burdens please enclose a stamped, self-addressed compensable and, if they are, to ensure commensurate with our performance of postcard or envelope. We will consider payment of the correct amount of duties. all comments and material received funding from the Fund. DATES: Please submit comments on or during the comment period. We may Need: Under the authority of 33 before March 21, 2005. change the documents supporting this U.S.C. 2712, Coast Guard has ADDRESSES: To make sure that your collection of information or even the promulgated regulations detailing the comments and related material do not
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8401
reach the docket [USCG–2004–19591] or appreciate comments addressing: (1) Building, 400 Seventh Street, SW., OIRA more than once, please submit The practical utility of the collections; Washington, DC, between 9 a.m. and 5 them by only one of the following (2) the accuracy of the estimated burden p.m., Monday through Friday, except means: of the collections; (3) ways to enhance Federal holidays. (1)(a) By mail to the Docket the quality, utility, and clarity of the Privacy Act: Anyone can search the Management Facility, U.S. Department information that is the subject of the electronic form of all comments of Transportation (DOT), room PL–401, collections; and (4) ways to minimize received in dockets by the name of the 400 Seventh Street SW., Washington, the burden of collections on individual submitting the comment (or DC 20590–0001. (b) By mail to OIRA, respondents, including the use of signing the comment, if submitted on 725 17th St., NW., Washington, DC automated collection techniques or behalf of an association, business, labor 20503, to the attention of the Desk other forms of information technology. union, etc.). You may review the Officer for the Coast Guard. Comments to DMS or OIRA must Privacy Act Statement of DOT in the (2)(a) By delivery to room PL–401 at contain the OMB Control Number of the Federal Register published on April 11, the address given in paragraph (1)(a) Information Collection Reports (ICRs) 2000 (65 FR 19477), or you may visit above, between 9 a.m. and 5 p.m., addressed. Comments to DMS must http://dms.dot.gov. Monday through Friday, except Federal contain the docket number of this Previous Request for Comments holidays. The telephone number is (202) request, [USCG 2004–19591]. For your 366–9329. (b) By delivery to OIRA, at comments to OIRA to be considered, it This request provides a 30-day the address given in paragraph (1)(b) is best if OIRA receives them on or comment period required by OIRA. The above, to the attention of the Desk before the March 21, 2005. Coast Guard has already published the Officer for the Coast Guard. Public participation and request for 60-day notice required by 44 U.S.C. (3) By fax to (a) the Facility at (202) comments: We encourage you to 3506(c)(2) (69 FR 67153, November 16, 493–2298 and (b) OIRA at (202) 395– participate in this request for comments 2004). That notice elicited no 6566, or e-mail to OIRA at oira- by submitting comments and related comments. materials. We will post all comments [email protected] attention: Desk Information Collection Request Officer for the Coast Guard. received, without change, to http:// (4)(a) Electronically through the Web dms.dot.gov, and they will include any 1. Title: Application and Permit to site for the Docket Management System personal information you have Handle Hazardous Materials. at http://dms.dot.gov. (b) OIRA does not provided. We have an agreement with OMB Control Number: 1625–0005. have a Web site on which you can post DOT to use their Docket Management Type of Request: Extension. Affected Public: Shipping agents and your comments. Facility. Please see the paragraph on terminal operators that handle The Docket Management Facility DOT’s ‘‘Privacy Act Policy’’ below. hazardous materials. maintains the public docket for this Submitting comments: If you submit a comment, please include your name and Forms: CG–4260. notice. Comments and material received Abstract: The information sought here from the public, as well as documents address, identify the docket number for this request for comment [USCG–2004– ensures the safe handling of explosives mentioned in this notice as being and other hazardous materials around available in the docket, will become part 19591], indicate the specific section of this document or the ICR to which each ports and aboard vessels. of this docket and will be available for Burden Estimates: The estimated inspection or copying at room PL–401 comment applies, and give the reason for each comment. You may submit burden is 145 hours a year. on the Plaza level of the Nassif Building, your comments and material by 2. Title: Security Zones, Regulated 400 Seventh Street SW., Washington, electronic means, mail, fax, or delivery Navigation Areas, and Safety Zones. DC, between 9 a.m. and 5 p.m., Monday to the Docket Management Facility at OMB Control Number: 1625–0020. through Friday, except Federal holidays. the address under ADDRESSES, but Type of Request: Extension. You may also find this docket on the Affected Public: Federal, State, and please submit them by only one means. Internet at http://dms.dot.gov. local government agencies, vessels and If you submit them by mail or delivery, Copies of the complete ICR are facilities. submit them in an unbound format, no available through this docket on the Forms: None. larger than 81⁄2 by 11 inches, suitable for Internet at http://dms.dot.gov, and also Abstract: The Coast Guard collects copying and electronic filing. If you from Commandant (CG–611), U.S. Coast this information only when someone submit them by mail and would like to Guard Headquarters, room 6106 (Attn: seeks a security zone, regulated know that they reached the Facility, Ms. Barbara Davis), 2100 Second Street navigation area, or safety zone. It uses please enclose a stamped, self-addressed SW., Washington, DC 20593–0001. The the information to assess the need to postcard or envelope. telephone number is (202) 267–2326. establish one of these areas. The Coast Guard and OIRA will Burden Estimates: The estimated FOR FURTHER INFORMATION CONTACT: Ms. consider all comments and material Barbara Davis, Office of Information burden is 194 hours a year. received during the comment period. 3. Title: Self-propelled Liquefied Gas Management, telephone (202) 267–2326 We may change the documents or fax (202) 267–4814, for questions on Vessels. supporting this collection of OMB Control Number: 1625–0029. these documents; or Ms. Andrea M. information or even the underlying Type of Request: Extension. Jenkins, Program Manager, Docket requirements in view of them. Affected Public: Owners and Operations, (202) 366–0271, for Viewing comments and documents: operators of self-propelled vessels questions on the docket. To view comments, as well as carrying liquefied gas. SUPPLEMENTARY INFORMATION: The Coast documents mentioned in this notice as Forms: CG–4355, CG–5148. Guard invites comments on the being available in the docket, go to Abstract: We need the information proposed collections of information to http://dms.dot.gov at any time and sought here to ensure compliance with determine whether the collections are conduct a simple search using the our rules for the design and operation of necessary for the proper performance of docket number. You may also visit the liquefied gas carriers. the functions of the Department. In Docket Management Facility in room Burden Estimates: The estimated particular, the Coast Guard would PL–401 on the Plaza level of the Nassif burden is 5,416 hours a year.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8402 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
4. Title: Plan Approval and Records DEPARTMENT OF HOMELAND (3) Status Report of the Maritime for Electrical Engineering Regulations— SECURITY Security Working Group. Title 46 CFR Subchapter J. (4) Status Report of the Commercial/ Coast Guard OMB Control Number: 1625–0031. Recreational Boating Interface Working Type of Request: Extension. [USCG–2005–20400] Group. Affected Public: Owners, operators, Towing Safety Advisory Committee (5) Status Report of the Towing Vessel and builders of vessels. Designated Examiner Recordkeeping AGENCY: Coast Guard, DHS. Forms: None. Working Group. ACTION: Notice of meetings. Abstract: The information sought here (6) Status Report of the Mariner is needed to ensure compliance with SUMMARY: The Towing Safety Advisory Deaths during Nighttime Barge Fleeting our rules on electrical engineering for Committee (TSAC) and its working Operations Working Group. the design and construction of U.S. flag groups will meet as required to discuss (7) Status Report of the International commercial vessels. various issues relating to shallow-draft Convention on Standards of Training, Burden Estimates: The estimated inland and coastal waterway navigation Certification and Watchkeeping for burden is 1,151 hours a year. and towing safety. All meetings will be Seafarers, 1978, as amended (STCW) open to the public. Implementation Working Group. 5. Title: Streamlined Inspection DATES: TSAC will meet on Wednesday, Program. (8) Status Report of the Towing Vessel March 16, 2005, from 8 a.m. to 2 p.m. Inspection Working Group. OMB Control Number: 1625–0085. Working groups will meet on the (9) Presentation on ‘‘America’s Type of Request: Extension. previous day, Tuesday, March 15, 2005, from 8:30 a.m. to 3:30 p.m. These Waterway Watch-Maritime Homeland Affected Public: Owners and meetings may close early if all business Security Outreach Program’’. operators of vessels. is finished. Written material for and (10) Presentation (update) on the Forms: None. requests to make oral presentations at Crew Endurance Management System Abstract: The Coast Guard established the meetings should reach the Coast (CEMS). an optional Streamlined Inspection Guard on or before March 2, 2005. Program (SIP) to provide owners and Requests to have a copy of your material Procedural distributed to each member of the operators of U.S. vessels an alternative All meetings are open to the public. Committee or working groups prior to method of complying with inspection Please note that the meetings may close requirements of the Coast Guard. the meetings should reach the Coast Guard on or before March 2, 2005. early if all business is finished. Burden Estimates: The estimated Members of the public may make oral ADDRESSES: TSAC will meet in Room burden is 2,138 hours a year. presentations during the meetings. If 2415, U.S. Coast Guard Headquarters, you would like to make an oral 6. Title: Report of Oil or Hazardous 2100 Second Street, SW., Washington, Substance Discharge; and Report of DC 20593–0001. The working groups presentation at a meeting, please notify Suspicious Maritime Activity. will first meet in the same room and the Assistant Executive Director no later OMB Control Number: 1625–0096. then, if necessary, move to separate than March 2, 2005. Written material for distribution at a meeting should reach Type of Request: Revision of currently spaces designated at that time. Send the Coast Guard no later than March 2, approved collection. written material and requests to make oral presentations to Mr. Gerald P. 2005. If you would like a copy of your Affected Public: Persons-in-charge of Miante, Commandant (G–MSO–1), U.S. material distributed to each member of a vessel or an onshore or offshore Coast Guard Headquarters, G–MSO–1, the Committee or Working Groups in facility; owners or operators of vessels Room 1210, 2100 Second Street, SW., advance of a meeting, please submit 20 or facilities required to have security Washington, DC 20593–0001. This copies to the Assistant Executive plans; and the public. notice and related documents are Director no later than March 2, 2005. Forms: None. available on the Internet at http:// You may also submit this material Abstract: Any discharge of oil or a dms.dot.gov under the docket number electronically to the e-mail address in hazardous substance must be reported USCG–2005–20400. FOR FURTHER INFORMATION CONTACT, no to the National Response Center (NRC) FOR FURTHER INFORMATION CONTACT: Mr. later than March 2, 2005. so that the pre-designated on-scene Gerald P. Miante, Assistant Executive Information on Services for Individuals coordinator can be informed and Director, telephone 202–267–0214, fax With Disabilities appropriate spill mitigation action 202–267–4570, or e-mail at: carried out. The NRC also receives [email protected]. For information on facilities or suspicious maritime activity reports SUPPLEMENTARY INFORMATION: Notice of services for individuals with disabilities from the public and disseminates the these meetings is given under the or to request special assistance at the info to appropriate entities. Federal Advisory Committee Act, 5 meetings, contact the Assistant Burden Estimates: The estimated U.S.C. App. 2 (Pub. L. 92–463, 86 Stat. Executive Director as soon as possible. burden is 9,105 hours a year. 770, as amended). Dated: February 14, 2005. Dated: February 11, 2005. Agenda of Committee Meeting D.L. Scott, Nathaniel S. Heiner, The agenda includes the following Captain, U.S. Coast Guard, Acting Director Acting, Assistant Commandant for items: of Standards, Marine Safety, Security and Command, Control, Communications, (1) Status Report of the Crew Environmental Protection. Computers and Information Technology. Alertness Working Group. [FR Doc. 05–3108 Filed 2–17–05; 8:45 am] [FR Doc. 05–3119 Filed 2–17–05; 8:45 am] (2) Status Report of the Towing Vessel BILLING CODE 4910–15–P BILLING CODE 4910–15–P Regulatory Review Working Group.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8403
DEPARTMENT OF HOMELAND assistance through the Federal Collection of Information SECURITY Assistance to Individuals and Households Program (IHP). Title: Federal Assistance to Federal Emergency Management Individuals and Households Program Agency SUPPLEMENTARY INFORMATION: Section (IHP). 206(a) of the Disaster Mitigation Act of Type of Information Collection: Agency Information Collection 2000 (DMA 2000) consolidated into one Revision of a currently approved Activities: Proposed Collection; section of the Robert T. Stafford Disaster collection. Comment Request Relief and Emergency Assistance Act, the ‘‘Temporary Housing Assistance’’ OMB Number: 1660–0061. AGENCY: Federal Emergency and the ‘‘Individual and Family Grant Management Agency, Emergency Form Numbers: None. Programs’’ into a single program called Preparedness and Response Directorate, Abstract: The Federal Assistance to ‘‘Federal Assistance to Individuals and U.S. Department of Homeland Security. Individual and Household Program Households’’ (IHP). To implement this ACTION: (IHP) enhances applicants’ ability to Notice and request for consolidation, intended to streamline comments. request approval of late applications, the provision of assistance to disaster request continued assistance, and SUMMARY: The Federal Emergency victims, FEMA published rule 44 CFR appeal program decisions. Similarly, it Management Agency, as part of its part 206 which became effective on allows States to partner with FEMA for continuing effort to reduce paperwork September 30, 2002. Under this rule delivery of disaster assistance under the and respondent burden, invites the applicants are able to request approval ‘‘Other Needs’’ provision of the IHP general public and other Federal of late registrations, request continued through Administrative Option agencies to take this opportunity to assistance, and appeal program Agreements and Administration Plans comment on a proposed revision of an decisions. Similarly, States can partner addressing the level of managerial and information collection. In accordance with FEMA for delivery of disaster resource support necessary. with the Paperwork Reduction Act of assistance under the ‘‘Other Needs’’ 1995 (44 U.S.C. 3506(c)(2)(A)), this provision of the IHP through Affected Public: Individuals and notice seeks comments concerning the Administrative Option Agreements and households; State, local or tribal need to continue collecting information Administration Plans addressing the governments. from individuals and States in order to level of managerial and resource Estimated Total Annual Burden provide and/or administer disaster support necessary. Hours: 29,716 hours. ANNUAL BURDEN HOURS
Burden hours Number of Frequency of per Annual Total annual Project/activity (survey, form(s), focus group, etc.) respondents responses respondent responses burden hours (A) (B) (C) (AxB) (AxBxC)
Individuals: Request for Approval of Late Registration ...... 8,000 1 .75 hr...... 8,000 6,000 (45 min) Request for Continued Assistance ...... 2,000 1 .50 hr...... 2,000 1,000 (30 min) Appeal of Program Decision (to include review 30,000 1 .75 hr...... 30,000 22,500 and use of supplemental guidance. (45 min) States: Review of Administrative Option Agreement for 56 1 3.0 hrs ...... 56 168 the Other Needs provision of IHP. Development of State Administrative Plan for the 16 1 3.0 hrs...... 16 48 Other Needs provision of IHP.
Total ...... 40,072 1 40,072 ...... 29,716
Estimated Cost: $173,354.00 the use of appropriate automated, Directorate, Department of Homeland Comments: Written comments are electronic, mechanical, or other Security, 500 C Street, SW., Room 316, solicited to (a) evaluate whether the technological collection techniques or Washington, DC 20472. other forms of information technology, proposed data collection is necessary for FOR FURTHER INFORMATION CONTACT: the proper performance of the agency, e.g., permitting electronic submission of responses. Comments should be Contact Berl Jones, Chief, Individual including whether the information shall Assistance Program Management have practical utility; (b) evaluate the received within 60 days of the date of this notice. Section at (202) 646–3943 for additional accuracy of the agency’s estimate of the information. You may contact Ms. burden of the proposed collection of ADDRESSES: Interested persons should Anderson for copies of the proposed information, including the validity of submit written comments to Muriel B. collection of information at facsimile the methodology and assumptions used; Anderson, Chief, Records Management number (202) 646–3347 or email (c) enhance the quality, utility, and Section, Information Resources address: FEMA-Information- clarity of the information to be Management Branch, Information [email protected]. collected; and (d) minimize the burden Technology Services Division, Federal of the collection of information on those Emergency Management Agency, who are to respond, including through Emergency Preparedness and Response
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8404 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Dated: February 11, 2005. 1995 (44 U.S.C. 3506(c)(2)(A)), this Collection of Information George S. Trotter, notice seeks comments concerning the Acting Branch Chief, Information Resources proposed collection of information. Title: National Flood Insurance Management Branch, Information Program Call Center and Agent Referral Technology Services Division. SUPPLEMENTARY INFORMATION: The Enrollment Program. National Flood Insurance Program [FR Doc. 05–3132 Filed 2–17–05; 8:45 am] Type of Information Collection: (NFIP) plays a critical role in FEMA’s BILLING CODE 9110–10–P Revision of a currently approved mission for reducing flood losses. collection. Through the NFIP, communities must OMB Number: 1660–0059. DEPARTMENT OF HOMELAND adopt and enforce floodplain SECURITY management ordinances to reduce Form Numbers: FF 81–95. future flood losses. In exchange, Abstract: The National Flood Federal Emergency Management FEMA’s NFIP makes federally backed Insurance Program Call Center and Agency flood insurance available to property Agent Referral Enrollment Program are owners in these participating Agency Information Collection part of the overall FloodSmart communities. According to the Flood marketing campaign aimed at increasing Activities: Proposed Collection; Disaster Protection Act of 1973, Comment Request the number of net policies by 5 percent Congress Findings and Declaration of annually. The center’s main objectives AGENCY: Federal Emergency Purpose, Section 2(a)(6), Congress finds are: (1) To respond to consumers Management Agency, Emergency that it is in the public interest for seeking information on the flood Preparedness and Response Directorate, persons already living in flood prone insurance program (including finding an U.S. Department of Homeland Security. areas to have an opportunity to insurance agent), (2) to provide a ACTION: Notice and request for purchase flood insurance and access to mechanism for insurance agents comments. more adequate limits of coverage, so interested in selling flood insurance to that they will be indemnified for their voluntarily enroll in the agent referral SUMMARY: The Federal Emergency losses in the event of future flood program, and (3) to facilitate the Management Agency, as part of its disasters. In accordance with this purchasing process by connecting continuing effort to reduce paperwork finding, FEMA attempts to fulfill the buyers and sellers together. and respondent burden, invites the requirement of The Flood Disaster general public and other Federal Protection Act of 1973 by educating and Affected Public: Individuals or agencies to take this opportunity to assisting potential flood insurance Households, and Business or Other For- comment on a proposed continuing purchasers and agents who voluntarily Profit. information collection. In accordance contact the National Flood Insurance Estimated Total Annual Burden with the Paperwork Reduction Act of Program Call Center. Hours: 3,750 hours.
No. of Frequency of Hours per Annual burden respondents response response hours (A) (B) (C) (AxBxC)
Callers To The Call Center ...... 69,000 1 .05 3,450 Agent Referral Enrollment Form—FEMA Form 81Ð95 ...... 3,000 1 .07 210 Outbound Calls To Agents ...... 1,200 1 .05 60 Outbound Calls To Consumers ...... 600 1 .05 30
Total ...... 73,800 1 ...... 3,750
Estimated Cost: $ 3,960.00. received within 60 days of the date of email address: FEMA-Information- Comments: Written comments are this notice. [email protected]. solicited to (a) evaluate whether the ADDRESSES: Interested persons should Dated: January 25, 2005. proposed data collection is necessary for submit written comments to Muriel B. Edward W. Kernan, the proper performance of the agency, Anderson, Chief, Records Management, Division Director, Information Resources including whether the information shall Information Resources Management Management Division, Information Technology Services Directorate. have practical utility; (b) evaluate the Branch, Information Technology accuracy of the agency’s estimate of the Services Division, Federal Emergency [FR Doc. 05–3133 Filed 2–17–05; 8:45 am] burden of the proposed collection of Management Agency, Emergency BILLING CODE 6178–01ndash;P information, including the validity of Preparedness and Response Directorate, the methodology and assumptions used; Department of Homeland Security, 500 (c) enhance the quality, utility, and DEPARTMENT OF HOMELAND C Street, SW., Room 316, Washington, SECURITY clarity of the information to be DC 20472. collected; and (d) minimize the burden Federal Emergency Management FOR FURTHER INFORMATION CONTACT: of the collection of information on those Agency who are to respond, including through Contact Carolyn Goss, Program Analyst, the use of appropriate automated, Mitigation Division, Risk [FEMA–1577–DR] electronic, mechanical, or other Communication Branch, 202–646–3468 California; Major Disaster and Related technological collection techniques or for additional information. You may Determinations other forms of information technology, contact Ms. Anderson for copies of the e.g., permitting electronic submission of proposed collection of information at AGENCY: Federal Emergency responses. Comments should be facsimile number (202) 646–3347 or Management Agency, Emergency
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8405
Preparedness and Response Directorate, I do hereby determine the following U.S.C. 5121–5206 (the Stafford Act), as Department of Homeland Security. areas of the State of California to have follows: ACTION: Notice. been affected adversely by this declared I have determined that the damage in major disaster: certain areas of the State of Kansas, resulting SUMMARY: This is a notice of the from severe winter storms, heavy rains, and Presidential declaration of a major Los Angeles and Ventura Counties for Individual Assistance. flooding on January 4–6, 2005, is of sufficient disaster for the State of California Los Angeles, Orange, Riverside, San severity and magnitude to warrant a major (FEMA–1577–DR), dated February 4, Bernardino, San Diego, Santa Barbara, and disaster declaration under the Robert T. 2005, and related determinations. Ventura Counties for Public Assistance. Stafford Disaster Relief and Emergency EFFECTIVE DATE: February 4, 2005. Kern, Los Angeles, Orange, Riverside, San Assistance Act, 42 U.S.C. 5121–5206 (the Bernardino, San Diego, Santa Barbara, and Stafford Act). Therefore, I declare that such FOR FURTHER INFORMATION CONTACT: a major disaster exists in the State of Kansas. Magda Ruiz, Recovery Division, Federal Ventura Counties in the State of California are eligible to apply for assistance under the In order to provide Federal assistance, you Emergency Management Agency, Hazard Mitigation Grant Program. are hereby authorized to allocate from funds Washington, DC 20472, (202) 646–2705. available for these purposes such amounts as (The following Catalog of Federal Domestic you find necessary for Federal disaster SUPPLEMENTARY INFORMATION: Notice is Assistance Numbers (CFDA) are to be used hereby given that, in a letter dated assistance and administrative expenses. for reporting and drawing funds: 97.030, You are authorized to provide Public February 4, 2005, the President declared Community Disaster Loans; 97.031, Cora Assistance in the designated areas; Hazard a major disaster under the authority of Brown Fund Program; 97.032, Crisis Mitigation throughout the State; and any the Robert T. Stafford Disaster Relief Counseling; 97.033, Disaster Legal Services other forms of assistance under the Stafford and Emergency Assistance Act, 42 Program; 97.034, Disaster Unemployment Act you may deem appropriate. Direct U.S.C. 5121–5206 (the Stafford Act), as Assistance (DUA); 97.046, Fire Management Federal Assistance is authorized, if follows: Assistance; 97.048, Individuals and warranted. Consistent with the requirement Households Housing; 97.049, Individuals and that Federal assistance be supplemental, any I have determined that the damage in Households Disaster Housing Operations; Federal funds provided under the Stafford certain areas of the State of California, 97.050, Individuals and Households Act for Public Assistance and Hazard resulting from severe storms, flooding, debris Program—Other Needs, 97.036, Public Mitigation will be limited to 75 percent of the flows, and mudslides on December 27, 2004, Assistance Grants; 97.039, Hazard Mitigation total eligible costs. If Other Needs Assistance through January 11, 2005, is of sufficient Grant Program.) under Section 408 of the Stafford Act is later severity and magnitude to warrant a major Michael D. Brown, requested and warranted, Federal funding disaster declaration under the Robert T. under that program will also be limited to 75 Stafford Disaster Relief and Emergency Under Secretary, Emergency Preparedness percent of the total eligible costs. Assistance Act, 42 U.S.C. 5121–5206 (the and Response, Department of Homeland Further, you are authorized to make Stafford Act). Therefore, I declare that such Security. changes to this declaration to the extent a major disaster exists in the State of [FR Doc. 05–3131 Filed 2–17–05; 8:45 am] allowable under the Stafford Act. California. In order to provide Federal assistance, you BILLING CODE 9110–10–P The Federal Emergency Management are hereby authorized to allocate from funds Agency (FEMA) hereby gives notice that available for these purposes such amounts as pursuant to the authority vested in the DEPARTMENT OF HOMELAND you find necessary for Federal disaster Under Secretary for Emergency SECURITY assistance and administrative expenses. Preparedness and Response, Department You are authorized to provide Individual Assistance, Public Assistance, and Hazard Federal Emergency Management of Homeland Security, under Executive Mitigation in the designated areas; and any Agency Order 12148, as amended, Thomas J. other forms of assistance under the Stafford Costello, of FEMA is appointed to act as Act you may deem appropriate. Consistent [FEMA–1579–DR] the Federal Coordinating Officer for this with the requirement that Federal assistance declared disaster. be supplemental, any Federal funds provided Kansas; Major Disaster and Related I do hereby determine the following under the Stafford Act for Public Assistance, Determinations areas of the State of Kansas to have been Hazard Mitigation, and the Other Needs affected adversely by this declared Assistance under Section 408 of the Stafford AGENCY: Federal Emergency major disaster: Act will be limited to 75 percent of the total Management Agency, Emergency eligible costs. Preparedness and Response Directorate, Anderson, Atchison, Barber, Butler, Chase, Further, you are authorized to make Chautauqua, Clark, Coffey, Comanche, changes to this declaration to the extent Department of Homeland Security. Cowley, Crawford, Douglas, Elk, Franklin, allowable under the Stafford Act. ACTION: Notice. Greenwood, Harper, Harvey, Jefferson, Kingman, Lyon, Marion, Morris, Osage, Pratt, The time period prescribed for the SUMMARY: This is a notice of the Reno, Rice, Sedgwick, Shawnee, Sumner, implementation of section 310(a), Presidential declaration of a major Wabaunsee, Woodson, and Wyandotte Priority to Certain Applications for disaster for the State of Kansas (FEMA– Counties for Public Assistance. Public Facility and Public Housing 1579–DR), dated February 8, 2005, and All counties within the State of Kansas are Assistance, 42 U.S.C. 5153, shall be for related determinations. eligible to apply for assistance under the a period not to exceed six months after Hazard Mitigation Grant Program. EFFECTIVE DATE: February 8, 2005. the date of this declaration. (The following Catalog of Federal Domestic The Federal Emergency Management FOR FURTHER INFORMATION CONTACT: Assistance Numbers (CFDA) are to be used Agency (FEMA) hereby gives notice that Magda Ruiz, Recovery Division, Federal for reporting and drawing funds: 97.030, pursuant to the authority vested in the Emergency Management Agency, Community Disaster Loans; 97.031, Cora Under Secretary for Emergency Washington, DC 20472, (202) 646–2705. Brown Fund Program; 97.032, Crisis Preparedness and Response, Department SUPPLEMENTARY INFORMATION: Notice is Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment of Homeland Security, under Executive hereby given that, in a letter dated Assistance (DUA); 97.046, Fire Management Order 12148, as amended, David February 8, 2005, the President declared Assistance; 97.048, Individuals and Fukutomi, of FEMA is appointed to act a major disaster under the authority of Households Housing; 97.049, Individuals and as the Federal Coordinating Officer for the Robert T. Stafford Disaster Relief Households Disaster Housing Operations; this declared disaster. and Emergency Assistance Act, 42 97.050, Individuals and Households
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8406 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Program—Other Needs, 97.036, Public assistance under the Stafford Act you may DEPARTMENT OF THE INTERIOR Assistance Grants; 97.039, Hazard Mitigation deem appropriate. Consistent with the Grant Program.) requirement that Federal assistance be Bureau of Land Management Michael D. Brown, supplemental, any Federal funds provided under the Stafford Act for Public Assistance Colorado: Filing of Plats of Survey Under Secretary, Emergency Preparedness and Hazard Mitigation will be limited to 75 and Response, Department of Homeland February 9, 2005. Security. percent of the total eligible costs. If Other Needs Assistance under Section 408 of the SUMMARY: The plats of survey of the [FR Doc. 05–3129 Filed 2–17–05; 8:45 am] Stafford Act is later requested and warranted, following described land will be BILLING CODE 9110–10–P Federal funding under that program will also officially filed in the Colorado State be limited to 75 percent of the total eligible Office, Bureau of Land Management, costs. Lakewood, Colorado, effective 10 a.m., DEPARTMENT OF HOMELAND February 10, 2005. All inquiries should SECURITY Further, you are authorized to make changes to this declaration to the extent be sent to the Colorado State Office, Bureau of Land Management, 2850 Federal Emergency Management allowable under the Stafford Act. Youngfield Street, Lakewood, Colorado Agency The Federal Emergency Management 80215–7093. [FEMA–1578–DR] Agency (FEMA) hereby gives notice that The field notes of the pursuant to the authority vested in the remonumentation of certain corners in Kentucky; Major Disaster and Related Under Secretary for Emergency Township 2 North, Range 43 West, Determinations Preparedness and Response, Department Sixth Principal Meridian, Group 750, Colorado, was accepted October 18, AGENCY: Federal Emergency of Homeland Security, under Executive 2004. Management Agency, Emergency Order 12148, as amended, Jesse Munoz, of FEMA is appointed to act as the The Plat, representing the dependent Preparedness and Response Directorate, resurveys and surveys in section 34, Department of Homeland Security. Federal Coordinating Officer for this declared disaster. Township 36 North, Range 7 West, New ACTION: Notice. Mexico Principal Meridian, Group 1401, I do hereby determine the following Colorado, was accepted October 20, SUMMARY: This is a notice of the areas of the Commonwealth of Kentucky Presidential declaration of a major 2004. to have been affected adversely by this The plat (in 2 sheets), of the entire disaster for the Commonwealth of declared major disaster: record, representing the dependent Kentucky (FEMA–1578–DR), dated Ballard, Bracken, Breckinridge, Caldwell, resurvey and survey, in Township 22 February 8, 2005, and related Carlisle, Crittenden, Franklin, Fulton, Grant, South, Range 71 West, Sixth Principal determinations. Grayson, Hancock, Harrison, Hart, Hickman, Meridian, Group 1275, Colorado, was EFFECTIVE DATE: February 8, 2005. Hopkins, Larue, Livingston, Lyon, McLean, accepted November 5, 2004. FOR FURTHER INFORMATION CONTACT: Muhlenberg, Nelson, Owen, Pendleton, The Plat, representing the dependent Magda Ruiz, Recovery Division, Federal Robertson, Shelby, Union, and Webster resurveys and surveys in Township 2 Emergency Management Agency, Counties for Public Assistance. South, Range 80 West, Sixth Principal Washington, DC 20472, (202) 646–2705. Ballard, Breckinridge, Caldwell, Carlisle, Meridian, Group 1402, Colorado, was SUPPLEMENTARY INFORMATION: Notice is Crittenden, Fulton, Hancock, Hickman, accepted November 15, 2004. hereby given that, in a letter dated Hopkins, Livingston, McLean, Muhlenberg, The Plat, representing the dependent February 8, 2005, the President declared Union, and Webster Counties for emergency resurveys and surveys in Township 1 a major disaster under the authority of protective measures (Category B) under the North, Range 80 West, Sixth Principal Public Assistance program for a period of 48 Meridian, Group 1402, Colorado, was the Robert T. Stafford Disaster Relief hours. accepted November 15, 2004. and Emergency Assistance Act, 42 All counties within the Commonwealth of The Plat, representing the dependent U.S.C. 5121–5206 (the Stafford Act), as Kentucky are eligible to apply for assistance resurvey in Township 8 South, Range 76 follows: under the Hazard Mitigation Grant Program. West, Sixth Principal Meridian, Group I have determined that the damage in (The following Catalog of Federal Domestic 1409, Colorado, was accepted December certain areas of the Commonwealth of Assistance Numbers (CFDA) are to be used 9, 2004. Kentucky resulting from a severe winter for reporting and drawing funds: 97.030, The Supplemental Plat, creating new storm and record snow on December 21–23, Community Disaster Loans; 97.031, Cora lots 86 and 87, in section 30, Township 2004, is of sufficient severity and magnitude 1 North, Range 71 West, Sixth Principal to warrant a major disaster declaration under Brown Fund Program; 97.032, Crisis the Robert T. Stafford Disaster Relief and Counseling; 97.033, Disaster Legal Services Meridian, Colorado, was accepted Emergency Assistance Act, 42 U.S.C. 5121– Program; 97.034, Disaster Unemployment December 27, 2004. 5206 (the Stafford Act). Therefore, I declare Assistance (DUA); 97.046, Fire Management These plats and remonumentation that such a major disaster exists in the Assistance; 97.048, Individuals and notes were requested by the Bureau of Commonwealth of Kentucky. Households Housing; 97.049, Individuals and Land Management for administrative In order to provide Federal assistance, you Households Disaster Housing Operations; and management purposes. are hereby authorized to allocate from funds 97.050 Individuals and Households Program- The Supplemental Plat, creating lot 1 available for these purposes such amounts as Other Needs, 97.036, Public Assistance in section 30, Township 3 South, Range you find necessary for Federal disaster Grants; 97.039, Hazard Mitigation Grant 74 West, Sixth Principal Meridian, assistance and administrative expenses. Program.) Colorado, was accepted November 30, You are authorized to provide all 2004. categories of Public Assistance in the Michael D. Brown, The Plat (in 6 sheets), representing the designated areas; emergency assistance Under Secretary, Emergency Preparedness (Public Assistance Category B, emergency segregation of mineral surveys in and Response, Department of Homeland protective measures for a period of 48 hours section 30, Township 1 North, Range 71 Security. in those areas designated for snow removal West, Sixth Principal Meridian, Group assistance); Hazard Mitigation throughout the [FR Doc. 05–3130 Filed 2–17–05; 8:45 am] 1008, Colorado, was accepted December Commonwealth; and any other forms of BILLING CODE 9110–10–P 21, 2004.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8407
These plats were requested by the U. methamphetamine-related issues; DEPARTMENT OF JUSTICE S. Forest Service, to facilitate a land collection and maintenance of exchange, and for administrative and intelligence and information relative to Foreign Claims Settlement management purposes. methamphetamine trafficking and Commission Randall M. Zanon, traffickers; investigation, arrest and [F.C.S.C. Meeting Notice No. 1–05] Chief Cadastral Surveyor for Colorado. prosecution of producers, traffickers and users of methamphetamine; interdiction Sunshine Act; Meeting [FR Doc. 05–3149 Filed 2–17–05; 8:45 am] and removal of laboratories, finished BILLING CODE 4310–JB–P The Foreign Claims Settlement products, and precursor chemicals and Commission, pursuant to its regulations other elements necessary to produce (45 CFR part 504) and the Government DEPARTMENT OF JUSTICE methamphetamine; transportation and in the Sunshine Act (5 U.S.C. 552b), storage of finished products, and hereby gives notice in regard to the Office of Community Oriented Policing precursor chemicals, and other elements scheduling of meetings for the Services FY 2005 Community Policing necessary to produce transaction of Commission business and Discretionary Grants methamphetamine; and preventive other matters specified, as follows: efforts to reduce the spread and use of DATE AND TIME: Wednesday, March 2, AGENCY: Office of Community Oriented methamphetamine. Individual projects 2005, at 10 a.m. Policing Services, Department of Justice. will reflect a concentration on program SUBJECT MATTER: (1) Issuance of ACTION: Notice of availability of the areas consistent with Congressional Proposed Decisions in claims against Finding of No Significant Impact and appropriations. Albania; (2) Oral hearing on objection to the Environmental Assessment. Among the many challenges faced by the Commission’s Proposed Decision in the Claim of Selahedin Velaj, Claim No. SUMMARY: The Environmental law enforcement agencies in the ALB–328. Assessment, which is available to the Methamphetamine Initiative will be public, concludes that the discovery, interdiction, and dismantling STATUS: Open. All meetings are held at the Foreign methamphetamine investigation and of clandestine drug laboratories. These Claims Settlement Commission, 600 E clandestine laboratory closure activities lab sites, as well as other Street, NW., Washington, DC. Requests of the Methamphetamine Initiative will methamphetamine crime venues must for information, or advance notices of not have significant impact on the be comprehensively dealt with in intention to observe an open meeting, quality of the human environment given compliance with a variety of health, may be directed to: Administrative adherence to all applicable laws and safety and environmental laws and Officer, Foreign Claims Settlement regulations. regulations. The COPS Office requires Commission, 600 E Street, NW., Room ADDRESSES: For copies of the that recipients, when encountering 6002, Washington, DC 20579. Environmental Assessment, please illegal drug laboratories, use grant funds Telephone: (202) 616–6988. contact: COPS Grants Administration to effect the proper removal and Dated in Washington, DC on February 16, Division, 1100 Vermont Avenue, NW., disposal of hazardous materials located 2005. Washington, DC 20530; phone: (202) at those laboratories and directly Mauricio J. Tamargo, 616–3031 or 1–800–431–6770. associated sites in accordance with all Chairman. FOR FURTHER INFORMATION CONTACT: The applicable laws and regulations. [FR Doc. 05–3388 Filed 2–16–05; 3:13 pm] U.S. Department of Justice Response Overview BILLING CODE 4410–01–P Center, 1–800–421–6770 and ask to speak with your Grant Program Environmental Assessment Specialist. The COPS Office will award grants to DEPARTMENT OF LABOR SUPPLEMENTARY INFORMATION: In Fiscal State and local criminal justice agencies Year 2003, the COPS Office prepared an Employment Standards for the FY 2005 COPS Environmental Assessment for its Administration; Wage and Hour methamphetamine law enforcement Methamphetamine Initiative. The Division programs, with specific application for Environmental Assessment concludes Minimum Wages for Federal and the Methamphetamine Initiative. This that the funding of this program will not Federally Assisted Construction; Environmental Assessment was have a significant impact on the quality General Wage Determination Decisions prepared as required by the Council on of the human environment given Environmental Quality’s regulations (40 adherence to all applicable laws and General wage determination decisions CFR parts 1500 through 1508), regulations. Therefore, an of the Secretary of Labor are issued in implementing the National Environmental Impact Statement will accordance with applicable law and are Environmental Policy Act of 1969 (42 not be prepared for the funding of this based on the information obtained by U.S.C. 4321, et al.) The Environmental program. the Department of Labor from its study Assessment is current and accurate, Dated: January 26, 2005. of local wage conditions and data made since the underlying science on which Carl R. Peed, available from other sources. They it was based has not changed. The specify the basic hourly wage rates and Methamphetamine Initiative addresses a Director, Office of Community Oriented fringe benefits which are determined to Policing Services. broad array of law enforcement be prevailing for the described classes of initiatives pertaining to the [FR Doc. 05–3150 Filed 2–17–05; 8:45 am] laborers and mechanics employed on investigation of methamphetamine BILLING CODE 4410–AT–M construction projects of a similar trafficking in many heavily impacted character and in the localities specified areas of the country. For the purposes of therein. this program, funded items may include The determinations in these decisions training of law enforcement officers in of prevailing rates and fringe benefits
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8408 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
have been made in accordance with 29 submitting this data may be obtained by IL030018 (Jun. 13, 2003) CFR part 1, by authority of the Secretary writing to the U.S. Department of Labor, IL030019 (Jun. 13, 2003) of Labor pursuant to the provisions of Employment Standards Administration, IL030024 (Jun. 13, 2003) the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of IL030027 (Jun. 13, 2003) IL030032 (Jun. 13, 2003) as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution IL030037 (Jun. 13, 2003) 40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, IL030045 (Jun. 13, 2003) statutes referred to in 29 CFR part 1, Washington, DC 20210. IL030046 (Jun. 13, 2003) Appendix, as well as such additional Modification to General Wage IL030051 (Jun. 13, 2003) statutes as may from time to time be IL030054 (Jun. 13, 2003) enacted containing provisions for the Determination Decisions IL030056 (Jun. 13, 2003) payment of wages determined to be The number of the decisions listed to Volume V prevailing by the Secretary of Labor in the Government Printing Office None accordance with the Davis-Bacon Act. document entitled ‘‘General Wage The prevailing rates and fringe benefits Determinations Issued Under the Davis- Volume VI determined in these decisions shall, in Bacon and Related Acts’’ being modified Alaska accordance with the provisions of the are listed by Volume and State. Dates of AK030001 (Jun. 13, 2003) foregoing statutes, constitute the publication in the Federal Register are AK030006 (Jun. 13, 2003) minimum wages payable on Federal and in parentheses following the decisions Idaho federally assisted construction projects being modified. ID030002 (Jun. 13, 2003) to laborers and mechanics of the ID030003 (Jun. 13, 2003) Volume I ID030015 (Jun. 13, 2003) specified classes engaged on contract Oregon work of the character and in the Massachusetts MA030001 (Jun. 13, 2003) OR030002 (Jun. 13, 2003) localities described therein. MA030002 (Jun. 13, 2003) Washington Good cause is hereby found for not MA030003 (Jun. 13, 2003) WA030001 (Jun. 13, 2003) utilizing notice and public comment MA030004 (Jun. 13, 2003) WA030002 (Jun. 13, 2003) procedure thereon prior to the issuance MA030007 (Jun. 13, 2003) WA030003 (Jun. 13, 2003) of these determinations as prescribed in MA030009 (Jun. 13, 2003) WA030007 (Jun. 13, 2003) 5 U.S.C. 553 and not providing for delay MA030010 (Jun. 13, 2003) WA030008 (Jun. 13, 2003) MA030017 (Jun. 13, 2003) in the effective date as prescribed in that Volume VII MA030018 (Jun. 13, 2003) section, because the necessity to issue Hawaii current construction industry wage MA030019 (Jun. 13, 2003) MA030020 (Jun. 13, 2003) HI030001 (Jun. 13, 2003) determinations frequently and in large MA030021 (Jun. 13, 2003) Nevada volume causes procedures to be New Jersey NV030001 (Jun. 13, 2003) impractical and contrary to the public NJ030001 (Jun. 13, 2003) NV030005 (Jun. 13, 2003) interest. NJ030002 (Jun. 13, 2003) NV030008 (Jun. 13, 2003) General wage determination NJ030009 (Jun. 13, 2003) NV030009 (Jun. 13, 2003) decisions, and modifications and Vermont General Wage Determination supersedeas decisions thereto, contain VT030001 (Jun. 13, 2003) Publication no expiration dates and are effective VT030007 (Jun. 13, 2003) from their date of notice in the Federal VT030042 (Jun. 13, 2003) General wage determinations issued Register, or on the date written notice Volume II under the Davis-Bacon and related Acts, is received by the agency, whichever is Maryland including those noted above, may be earlier. These decisions are to be used MD030002 (Jun. 13, 2003) found in the Government Printing Office in accordance with the provisions of 29 MD030043 (Jun. 13, 2003) (GPO) document entitled ‘‘General Wage CFR parts 1 and 5. Accordingly, the MD030056 (Jun. 13, 2003) Determinations Issued Under the Davis- applicable decision, together with any Virginia Bacon And Related Acts’’. This modifications issued, must be made a VA030009 (Jun. 13, 2003) publication is available at each of the 50 part of every contract for performance of VA030022 (Jun. 13, 2003) Regional Government Depository VA030025 (Jun. 13, 2003) Libraries and many of the 1,400 the described work within the VA030079 (Jun. 13, 2003) geographic area indicated as required by West Virginia Government Depository Libraries across an applicable Federal prevailing wage WV030001 (Jun. 13, 2003) the country. law and 29 CFR part 5. The wage rates WV030002 (Jun. 13, 2003) General wage determinations issued and fringe benefits, notice of which is WV030003 (Jun. 13, 2003) under the Davis-Bacon and related Acts published herein, and which are WV030006 (Jun. 13, 2003) are available electronically at no cost on contained in the Government Printing WV030010 (Jun. 13, 2003) the Government Printing Office Web site Office (GPO) document entitled Volume III at http://www.access.gpo.gov/ davisbacon. They are also available ‘‘General Wage Determinations Issued Alabama Under the Davis-Bacon And Related AL030008 (Jun. 13, 2003) electronically by subscription to the Acts,’’ shall be the minimum paid by North Carolina Davis-Bacon Online Service (http:// contractors and subcontractors to NC030055 (Jun. 13, 2003) davisbacon.fedworld.gov) of the laborers and mechanics. South Carolina National Technical Information Service Any person, organization, or SC030023 (Jun. 13, 2003) (NTIS) of the U.S. Department of governmental agency having an interest Volume IV Commerce at 1–800–363–2068. This in the rates determined as prevailing is subscription offers value-added features encouraged to submit wage rate and Illinois such as electronic delivery of modified IL030001 (Jun. 13, 2003) fringe benefit information for IL030002 (Jun. 13, 2003) wage decisions directly to the user’s consideration by the Department. IL030008 (Jun. 13, 2003) desktop, the ability to access prior wage Further information and self- IL030011 (Jun. 13, 2003) decisions issued during the year, explanatory forms for the purpose of IL030016 (Jun. 13, 2003) extensive Help Desk Support, etc.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8409
Hard-copy subscriptions may be —Current Road Map Reviews scheduling priorities of the key purchased from: Superintendent of It is imperative that the meeting be participants. Documents, U.S. Government Printing held on these dates to accommodate the Dated: February 11, 2005. Office, Washington, DC 20402. (202) scheduling priorities of the key P. Diane Rausch, 512–1800. participants. When ordering hard-copy Advisory Committee Management Officer, Dated: February 14, 2005. National Aeronautics and Space subscription(s), be sure to specify the Administration. State(s) of interest, since subscriptions P. Diane Rausch, [FR Doc. 05–3094 Filed 2–17–05; 8:45 am] may be ordered for any or all of the six Advisory Committee Management Officer, separate Volumes, arranged by State. National Aeronautics and Space BILLING CODE 7510–13–P Administration. Subscriptions include an annual edition (issued in January or February) which [FR Doc. 05–3223 Filed 2–17–05; 8:45 am] BILLING CODE 7510–13–P NATIONAL AERONAUTICS AND includes all current general wage SPACE ADMINSTRATION determinations for the States covered by each volume. Throughout the remainder [Notice (05–027)] NATIONAL AERONAUTICS AND of the year, regular weekly updates will SPACE ADMINSTRATION be distributed to subscribers. NASA Sun-Solar System Connection Strategic Roadmap Committee; Signed in Washington, DC this 10th day of [Notice (05–028)] February, 2005. Meeting NASA Earth Science and Applications John Frank, From Space Strategic Roadmap AGENCY: National Aeronautics and Acting Chief, Branch of Construction Wage Committee; Meeting Space Administration (NASA). Determinations. ACTION: Notice of meeting. [FR Doc. 05–2913 Filed 2–17–05; 8:45 am] AGENCY: National Aeronautics and BILLING CODE 4510–27–M Space Administration (NASA). SUMMARY: In accordance with the ACTION: Notice of meeting. Federal Advisory Committee Act, Public Law 92–463, as amended, the National SUMMARY: NATIONAL AERONAUTICS AND In accordance with the Aeronautics and Space Administration SPACE ADMINSTRATION Federal Advisory Committee Act, Public announces a meeting of the NASA Sun- Law 92–463, as amended, the National Solar System Connection Strategic [Notice 05–030] Aeronautics and Space Administration Roadmap Committee. announces a meeting of the NASA Earth DATES: Tuesday, March 15, 2005, 8:30 NASA Aeronautical Technologies Science and Applications from Space a.m. to 5 p.m., Wednesday, March 16, Strategic Roadmap Committee; Strategic Roadmap Committee. 2005, 8:30 a.m. to 5 p.m. eastern Meeting. DATES: Wednesday, March 16, 2005, standard time. AGENCY: National Aeronautics and 8:30 a.m. to 5 p.m., Thursday, March 17, ADDRESSES: Inn and Conference Center, Space Administration (NASA). 2005, 8:30 a.m. to 5 p.m. eastern University of Maryland, 3501 University ACTION: standard time. Notice of meeting. Boulevard East, Adelphi, Maryland ADDRESSES: Inn and Conference Center, 20783. SUMMARY: In accordance with the University of Maryland, 3501 University Federal Advisory Committee Act, Public Boulevard East, Adelphi, Maryland FOR FURTHER INFORMATION CONTACT: Dr. Law 92–463, as amended, the National 20783. Barbara Giles, 202–358–1762. Aeronautics and Space Administration FOR FURTHER INFORMATION CONTACT: Mr. SUPPLEMENTARY INFORMATION: The announces a meeting of the NASA meeting will be open to the public up Aeronautical Technologies Strategic Gordon Johnston, 202–358–4685. SUPPLEMENTARY INFORMATION: The to the seating capacity of the meeting Roadmap Committee. room. Attendees will be requested to DATES: Monday, March 7, 2005, 8 a.m. meeting will be open to the public up to the seating capacity of the meeting sign a register. to 5 p.m., Tuesday, March 8, 2005, 8 The agenda for the meeting is as a.m. to 5 p.m. Central Standard Time. room. Attendees will be requested to sign a register. follows: ADDRESSES: Hyatt Regency on Chicago The agenda for the meeting is as —Sun-Earth Systems Program Update. Riverwalk, 151 East Wacker Drive, follows: —Reports on Sun-Solar System Chicago, Illinois. —Identification of joint interests with Connection Roadmap foundation FOR FURTHER INFORMATION CONTACT: Yuri Sun-Solar System Connection work. Gawdiak, 202–358–1853. Roadmap effort. —Identification of joint interests with SUPPLEMENTARY INFORMATION: The —Subcommittee reports (Explorations, Earth Science Roadmap effort. meeting will be open to the public up Continuous Awareness, and —Prioritization of science objectives to the seating capacity of the meeting Maintaining Perspective). and missions under study. room. Attendees will be requested to —Discussion of stages and pathways It is imperative that the meeting be sign a register. framework. held on these dates to accommodate the The agenda for the meeting is as —Discussion of NASA activities scheduling priorities of the key follows: mapped to objectives/stages/pathway participants. —Current NASA and Joint Planning and framework. Development Office Program Briefings —Discussion of key program milestones, Dated: February 10, 2005. —Discussion of Solicited White Papers options, and decision points. P. Diane Rausch, (NASA RFI 11/02/04; http:// —Subcommittee assignments for Advisory Committee Management Officer, fellowship.hq.nasa.gov/apio/rfi.pdf). development of draft roadmap National Aeronautics and Space —Committee Inquiries and Observations document. Administration. —NASA Unique Aeronautical Goals & It is imperative that the meeting be [FR Doc. 05–3109 Filed 2–17–05; 8:45 am] Metrics Review held on these dates to accommodate the BILLING CODE 7510–13–P
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8410 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
NATIONAL AERONAUTICS AND SUMMARY: The NCUA is submitting the By the National Credit Union SPACE ADMINSTRATION following information collection to the Administration Board on February 11, 2005. Office of Management and Budget Mary Rupp, [Notice (05–029)] (OMB) for review and clearance under Secretary of the Board. NASA Universe Exploration Strategic the Paperwork Reduction Act of 1995 [FR Doc. 05–3137 Filed 2–17–05; 8:45 am] Roadmap Committee; Meeting (Pub. L. 104–13, 44 U.S.C. chapter 35). BILLING CODE 7535–01–P This information collection is published AGENCY: National Aeronautics and to obtain comments from the public. Space Administration (NASA). DATES: Comments will be accepted until NATIONAL CREDIT UNION ACTION: Notice of meeting. April 19, 2005. ADMINISTRATION SUMMARY: In accordance with the ADDRESSES: Interested parties are Agency Information Collection Federal Advisory Committee Act, Public invited to submit written comments to Activities: Submission to OMB for Law 92–463, as amended, the National the NCUA Clearance Officer listed Extension of a Currently Approved Aeronautics and Space Administration below: Collection; Comment Request announces a meeting of the NASA Clearance Officer: Mr. Neil McNamara, Universe Exploration Strategic Roadmap AGENCY: National Credit Union National Credit Union Administration (NCUA). Committee. Administration, 1775 Duke Street, ACTION: DATES: Tuesday, March 15, 2005, 8:30 Alexandria, VA 22314–3428, Fax No. Request for comment. a.m. to 5 p.m., Wednesday, March 16, 703–518–6669, E-mail: SUMMARY: The NCUA is submitting the 2005, 8:30 a.m. to 5 p.m. eastern [email protected]. following information collection to the standard time. FOR FURTHER INFORMATION CONTACT: Office of Management and Budget ADDRESSES: Greenbelt Marriott Hotel, Requests for additional information or a (OMB) for review and clearance under 6400 Ivy Lane, Greenbelt, Maryland copy of the information collection the Paperwork Reduction Act of 1995 20770. request, should be directed to Tracy (Pub. L. 104–13, 44 U.S.C. chapter 35). FOR FURTHER INFORMATION CONTACT: Dr. Sumpter at the National Credit Union This information collection is published Michael Salamon, 202–358–0441. Administration, 1775 Duke Street, to obtain comments from the public. SUPPLEMENTARY INFORMATION: The Alexandria, VA 22314–3428, or at (703) DATES: Comments will be accepted until meeting will be open to the public up 518–6444. April 19, 2005. to the seating capacity of the meeting SUPPLEMENTARY INFORMATION: Proposal ADDRESSES: Interested parties are room. Attendees will be requested to for the following collection of invited to submit written comments to sign a register. information: the NCUA Clearance Officer listed The agenda for the meeting is as Title: 12 U.S.C. 1771—Conversion below: follows: from Federal to State Credit Union and Clearance Officer: Mr. Neil McNamara, —Discussion of Capability Roadmaps. from State to Federal Credit Union and National Credit Union —Presentation of Vision Missions, 12 U.S.C. 1781—Insurance of Member Administration, 1775 Duke Street, Origins Probes. Accounts—Eligibility. Alexandria, VA 22314–3428, Fax No. —Discussion of solicited white papers. OMB Number: 3133–0116. 703–518–6669, E-mail: —Report by Task Force on Cosmic [email protected]. Microwave Background Research. Form Number: NCUA 9600, NCUA —Report by Dark Energy Task Force. 4401, NCUA 4221, NCUA 4505, & FOR FURTHER INFORMATION CONTACT: —Identification of joint interests with NCUA 4506. Requests for additional information or a other Strategic Roadmaps. Type of Review: Extension of a copy of the information collection It is imperative that the meeting be currently approved collection. request, should be directed to Tracy held on these dates to accommodate the Description: The forms constitute the Sumpter at the National Credit Union scheduling priorities of the key application for an approval of credit Administration, 1775 Duke Street, participants. union conversions from federal to State Alexandria, VA 22314–3428, or at (703) 518–6444. Dated: February 14, 2005. charter and from State to federal charter. In addition, forms in the package SUPPLEMENTARY INFORMATION: Proposal P. Diane Rausch, contain the application and approval for for the following collection of Advisory Committee Management Officer, federal insurance of member accounts in information: National Aeronautics and Space credit unions. Title: HMDA Requirements under 12 Administration. U.S.C. 2801–2810 and Regulation C 12 [FR Doc. 05–3110 Filed 2–17–05; 8:45 am] Respondents: Credit unions seeking to convert from federal to State charter and CFR part 203. BILLING CODE 7510–13–P from State to federal charter and non- OMB Number: 3133–0166. federally insured State chartered credit Form Number: None. unions seeking federal share insurance. Type of Review: Extension of a NATIONAL CREDIT UNION currently approved collection. Estimated No. of Respondents/Record ADMINISTRATION Description: The collection of this keepers: 50. data is required under the Home Agency Information Collection Estimated Burden Hours Per Mortgage Disclosure Act. The data Activities: Submission to OMB for Response: 4 hours. collection is intended to provide the Extension of a Currently Approved Frequency of Response: Other. As public with loan data that can be used Collection; Comment Request credit unions seek approval to convert (1) to help determine whether financial charter or federal share insurance. AGENCY: National Credit Union institutions are serving the housing Administration (NCUA). Estimated Total Annual Burden needs of their communities; (Reg C Hours: 200 hours. 203.1(b)(1)(ii), (2) to assist public ACTION: Request for comment. Estimated Total Annual Cost: 0. officials in distributing public-sector
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8411
investments so as to attract private Litigation matter. II. Self-Regulatory Organization’s investment to areas where it is needed; At times, changes in Commission Statement of the Purpose of, and Reg CC 203.1(b)(1)(iii), and (3) to assist priorities require alterations in the Statutory Basis for, the Proposed Rule in identifying possible discriminatory scheduling of meeting items. For further Change lending patterns and enforcing anti- information and to ascertain what, if In its filing with the Commission, discrimination statues. Reg C any, matters have been added, deleted Amex included statements concerning 203.1(b)(2). or postponed, please contact: The Office the purpose of and basis for the Respondents: Credit unions. of the Secretary at (202) 942–7070. proposal and discussed any comments it Estimated No. of Respondents/Record received regarding the proposal. The keepers: 1,996. Dated: February 15, 2005. text of these statements may be Estimated Burden Hours Per Jonathan G. Katz, examined at the places specified in Item Response: 41.46 hours. Secretary. III below. The Amex has prepared Frequency of Response: Record- [FR Doc. 05–3291 Filed 2–16–05; 11:13 am] summaries, set forth in Sections A, B, keeping, third party disclosure and BILLING CODE 8010–01–P and C below, of the most significant reporting annually. aspects of such statements. Estimated Total Annual Burden A. Self-Regulatory Organization’s Hours: 82,765 hours. SECURITIES AND EXCHANGE Estimated Total Annual Cost: 0. Statement of the Purpose of, and the COMMISSION Statutory Basis for, the Proposed Rule By the National Credit Union Change Administration Board on February 11, 2005. [Release No. 34–51201; File No. SR–Amex– Mary Rupp, 2005–18] 1. Purpose Secretary of the Board. The Amex proposed, in a companion [FR Doc. 05–3138 Filed 2–17–05; 8:45 am] Self-Regulatory Organizations; Notice filing (SR–Amex–2005–14), to suspend BILLING CODE 7535–01–P of Filing and Order Granting transaction charges in the Gold Trust Accelerated Approval of a Proposed through February 28, 2005 for specialist, Rule Change by the American Stock registered trader, broker-dealer and 3 SECURITIES AND EXCHANGE Exchange LLC Relating to the customer orders. The Gold Trust COMMISSION Retroactive Suspension of Transaction commenced trading on the Exchange on Fees in Connection With the iShares January 28, 2005; however, the filing to Sunshine Act Meeting COMEX Gold Trust suspend transaction charges for specialists, registered traders, broker- Notice is hereby given, pursuant to February 14, 2005. dealers and customers was not filed the provisions of the Government in the Pursuant to Section 19(b)(1) of the with the Commission until February 1, Sunshine Act, Public Law 94–409, that Securities Exchange Act of 1934 2005. As such, market participants were the Securities and Exchange (‘‘Act’’),1 and Rule 19b–4 thereunder,2 charged according to the existing fee Commission will hold the following notice is hereby given that on February schedule for trust issued receipts meeting during the week of February 21, 7, 2005, the American Stock Exchange (‘‘TIRs’’) from January 28, 2005 through 2005: LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with January 31, 2005. A Closed Meeting will be held on Under the current fee schedule, off- the Securities and Exchange Thursday, February 24, 2005 at 2 p.m. floor orders (i.e., customer and broker- Commission (‘‘SEC’’ or ‘‘Commission’’) Commissioners, Counsel to the dealer) are charged $.0060 per share the proposed rule change as described Commissioners, the Secretary to the ($0.60 per 100 shares), capped at $100 in Items I and II below, which Items Commission, and recording secretaries per trade (16,667 shares). Orders entered have been prepared by the Amex. The will attend the Closed Meeting. Certain electronically into the Amex Order File Commission is publishing this notice to staff members who have an interest in (‘‘System Orders’’) from off the Floor for solicit comments on the proposed rule the matters may also be present. up to 5,099 shares are not assessed a change from interested persons and is The General Counsel of the transaction charge. This provision, Commission, or his designee, has approving the proposal on an however, does not apply to System certified that, in his opinion, one or accelerated basis. Orders of a member or member more of the exemptions set forth in 5 I. Self-Regulatory Organization’s organization trading as an agent for the U.S.C. 552b(c)(3), (5), (7), (9)(B), and Statement of the Terms of Substance of account of a non-member competing (10) and 17 CFR 200.402(a)(3), (5), (7), the Proposed Rule Change market maker. System Orders over 5,099 9(ii) and (10), permit consideration of shares currently are subject to a $.0060 the scheduled matters at the Closed The Exchange proposes to apply per share transaction charge, capped at Meeting. retroactively a suspension of Amex $100 per trade. Specialists are charged Commissioner Glassman, as duty transaction charges for specialist, $0.0033 ($0.33 per 100 shares), capped officer, voted to consider the items registered trader, broker-dealer and at $300 per trade (90,909 shares). listed for the closed meeting in closed customer orders for the iShares COMEX Registered traders are charged $0.0036 session. Gold Trust (the ‘‘Gold Trust’’) from ($0.36 per 100 shares), capped at $300 The subject matter of the Closed January 28, 2005 through January 31, per trade (83,333 shares). Meeting scheduled for Thursday, 2005. The text of the proposed rule Under the proposed rule change, the February 24, 2005, will be: change is available on Amex’s Web site: Exchange is suspending all transaction Formal orders of investigations; http://www.amex.com, at the Amex’s charges in the Gold Trust for specialist, Institution and settlement of Office of the Secretary, and the registered trader, broker-dealer and injunctive actions; and Commission’s Public Reference Room. Institution and settlement of 3 See Securities Exchange Act Release No. 51185 (February 10, 2005) (File No. SR–Amex–2005–14). administrative proceedings of an 1 15 U.S.C. 78s(b)(1). This proposal was filed pursuant to Section enforcement nature; and a 2 17 CFR 240.19b–4. 19(b)(3)(A) of the Act and was effective upon filing.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8412 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
customer orders from January 28, 2005 C. Self-Regulatory Organization’s IV. Commission’s Findings and Order through January 31, 2005, which is Statement on Comments on the Granting Accelerated Approval of consistent with the companion filing to Proposed Rule Change Received From Proposed Rule Change suspend transaction charges generally Members, Participants or Others The Amex requests that the proposed through February 28, 2005 and benefits No written comments were solicited rule change be given expedited review all market participants.4 The Exchange or received by the Exchange with and accelerated effectiveness pursuant believes a retroactive suspension of fees respect to the proposed rule change. to Section 19(b)(2) of the Act. After for the Gold Trust is appropriate to careful consideration, the Commission enhance the competitiveness of III. Solicitation of Comments finds that the proposed rule change is executions on the Amex. The Exchange Interested persons are invited to consistent with the requirements of the will reassess the fee suspension as submit written data, views, and Act and the rules and regulations appropriate and will file a proposed rule arguments concerning the foregoing, thereunder, applicable to a national change for any modification to the fee including whether the proposed rule securities exchange, and, in particular, suspension with the Commission change is consistent with the Act. with the requirements of Section 6(b)(5) pursuant to Section 19(b)(3)(A) of the Comments may be submitted by any of of the Act.9 The Commission has Act.5 the following methods: previously approved the suspension of transaction charges for specialist, The Exchange is amending the Electronic Comments registered trader, broker-dealer and Equities Fee Schedule and Exchange • Use the Commission’s Internet customer orders.10 Accordingly, the Traded Funds and Trust Issued Receipts comment form http://www.sec.gov/ Commission finds that the retroactive Fee Schedules to indicate that rules/sro.shtml; or suspension of transaction fees is transaction charges have been • Send an e-mail to rule- consistent with the Act and will suspended from January 28, 2005 [email protected]. Please include SR– promote just and equitable principles of through February 28, 2005 for the Gold Amex–2005–18 on the subject line. trade, foster cooperation and Trust. In addition, the Exchange Equity coordination with persons engaged in Paper Comments Fee Schedule and Exchange Traded regulating, clearing, settling, processing Funds Schedule and Trust Issued • Send paper comments in triplicate information with respect to and Receipts Fee Schedule is being amended to Jonathan G. Katz, Secretary, facilitating transactions in securities, to refer to the retroactive suspension of Securities and Exchange Commission, and, in general, protect investors and transaction charges for certain Exchange 450 Fifth Street, NW., Washington, DC the public interest consistent with Traded Funds and the application of 20549–0609. Section 6(b)(5) of the Act.11 customer transaction charges in All submissions should refer to SR– The Exchange has requested and the connection with the Gold Trust Amex–2005–18. This file number Commission finds good cause for (Symbol: OEF) previously filed with the should be included on the subject line approving the proposed rule change Commission.6 if e-mail is used. To help the prior to the thirtieth day after the date Commission process and review your of publication of notice of filing thereof 2. Statutory Basis comments more efficiently, please use in the Federal Register as the proposal only one method. The Commission will does not significantly affect the The Exchange believes that the post all comments on the Commission’s protection of investors or the public proposed rule change is consistent with Internet Web site at http://www.sec.gov/ interest and does not impose any Section 6 of the Act 7 in general, and rules/sro.shtml. Copies of the significant burden on competition. The furthers the objectives of Section 6(b)(4) submission, all subsequent Exchange states that the retroactive of the Act 8 in particular, in that it is amendments, all written statements suspension for the Gold Trust intended to assure the equitable with respect to the proposed rule transaction fees will benefit all market allocation of reasonable dues, fees and change that are filed with the participants and enhance the other charges among its members and Commission, and all written competitiveness of executions on the issuers and other persons using its communications relating to the Amex. In Amex’s companion filing, facilities. proposed rule change between the Amex originally sought to implement a Commission and any person, other than suspension of transaction charges for all B. Self-Regulatory Organization’s those that may be withheld from the market participants as of the Statement on Burden on Competition public in accordance with the commencement of trading of the Gold The Exchange believes the proposed provisions of 5 U.S.C. 552, will be Trust on the Exchange on January 28, rule change does not impose any burden available for inspection and copying in 2005 through February 28, 2005. the Commission’s Public Reference Furthermore the Commission notes that on competition that is not necessary or Room. Copies of such filing also will be the suspension of transaction fees in appropriate in furtherance of the available on the Exchange’s Web site at Amex’s companion filing have been purposes of the Act. http://www.amex.com and for approved for similar products.12 inspection and copying at the principal office of the Exchange. All comments 9 15 U.S.C. 78f(b)(5). received will be posted without change; 10 See supra note 6. 4 See supra note 3. the Commission does not edit personal 11 In approving the proposed rule, the 5 Commission has considered the proposed rule’s 15 U.S.C. 78s(b)(3)(A). identifying information from 6 See Securities Exchange Act Release Nos. 46384 impact on efficiency, competition, and capital (August 20, 2002), 67 FR 55048 (August 27, 2002) submissions. You should submit only formation. 15 U.S.C. 78c(f). 12 (suspension of transaction charges for SHY, IEF, information that you wish to make See Securities Exchange Act Release Nos. 49025 (January 6, 2004), 69 FR 2018 (January 13, TLT and LQD); and 47668 (April 11, 2003), 68 FR available publicly. All submissions 2004) (retroactive application of a monthly options 19241 (April 18, 2003) (OEF transaction charges). should refer to SR–Amex–2005–18 and transaction fee cap for specialists and registered 7 15 U.S.C. 78f(b). should be submitted on or before March options traders); and 49019 (January 5, 2004) 69 FR 8 15 U.S.C. 78f(b)(4). 11, 2005. 2023 (January 13, 2004) (cap monthly options
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8413
Accordingly, the Commission believes renders it effective upon filing with the following monthly maximums: that there is good cause, consistent with Commission. The Commission is (i)–(iv) No change to text. Sections 6(b)(5) and 19(b)(2) of the publishing this notice to solicit k–l.—No change to text. Act,13 to approve the proposal, on an comments on the proposed rule change 5. Floor Broker as Principal Fees—No accelerated basis. from interested persons. change to text. G. Space Charges—No change to text. V. Conclusion I. Self-Regulatory Organization’s H. Equipment, Information Services and Therefore it is ordered, pursuant to Statement of the Terms of Substance of Technology Charges 14 the Proposed Rule Change Section 19(b)(2) of the Act, that the * * * * * proposed rule change (SR–Amex–2005– CHX proposes to amend its Retention of electronic 18) is hereby approved on an membership dues and fees schedule communications: $25 per month, per accelerated basis. (‘‘Fee Schedule’’) to: (i) Provide for a active mailbox; $20 per month, per For the Commission, by the Division of technology charge relating to retention inactive mailbox; $200 per disk for Market Regulation, pursuant to delegated of electronic communications associated offline optical disk storage (5.2 GB), if 15 authority. with an inactive mailbox, (ii) modify the requested; $300 per disk for offline Margaret H. McFarland, Exchange’s transaction fee cap provision optical disk storage (9.1 GB), if Deputy Secretary. to exclude certain floor broker orders, requested. and (iii) clarify a provision relating to [FR Doc. E5–667 Filed 2–17–05; 8:45 am] I. Clearing Support Fees—No change to specialist fixed fees. The text of the BILLING CODE 8010–01–P text. proposed rule change is below. Additions are italicized; deletions are * * * * * SECURITIES AND EXCHANGE [bracketed]. II. Self-Regulatory Organization’s COMMISSION * * * * * Statement of the Purpose of, and Statutory Basis for, the Proposed Rule [Release No. 34–51192; File No. SR–CHX– MEMBERSHIP DUES AND FEES 2005–02] Change A. Membership Dues and Transfer In its filing with the Commission, the Fees—No change to text. Self-Regulatory Organizations; CHX included statements concerning Chicago Stock Exchange, Inc.; Notice B. Self-Regulatory Organization Fee— No change to text. the purpose of, and basis for, the of Filing and Immediate Effectiveness proposed rule change and discussed any of Proposed Rule Change and C. Registration Fees—No change to text. comments it received on the proposed Amendment Nos. 1 and 2 Thereto D. Specialist Assignment Fees—No rule change. The text of these statements Relating to Membership Dues and Fees change to text. E. Specialist Fixed Fees may be examined at the places specified February 11, 2005. Except in the case of Tape B in item IV below. The Exchange has Pursuant to section 19(b)(1) of the Exemption Eligible Securities (as prepared summaries, set forth in Securities Exchange Act of 1934 defined above in Section D), which shall sections A, B, and C below, of the most (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 be exempt from assessment of fixed fees, significant aspects of such statements. notice is hereby given that on January 3, specialists will be assigned a fixed fee A. Self-Regulatory Organization’s 2005, the Chicago Stock Exchange, Inc. per assigned stock on a monthly basis, Statement of the Purpose of, and (‘‘CHX’’ or ‘‘Exchange’’) submitted to to be calculated as follows: Statutory Basis for, the Proposed Rule the Securities and Exchange Change Commission (‘‘Commission’’) the * * * * * proposed rule change as described in F. Transaction and Order Processing 1. Purpose items I and II below, which items have Fees 1. SEC Transaction Fees—No change The Exchange proposes to amend the been prepared by the CHX. On February Fee Schedule to: (i) Provide for a 10, 2005, the Exchange filed to text. 2. NASD Fees on Cleared technology charge relating to retention Amendment No. 1 to the proposed rule of electronic communications associated change.3 On February 11, 2005, the Transactions—No change to text. 3. Order Processing Fees Odd Lots— with an inactive mailbox, (ii) modify the Exchange filed Amendment No. 2 to the Exchange’s transaction fee cap provision proposed rule change.4 The Exchange No change to text. Open Limit Orders—No change to text. to exclude certain floor broker orders, filed the proposed rule change pursuant and (iii) clarify a provision relating to to section 19(b)(3)(A) of the Act 5 which The above order processing fees shall not apply to transactions in NASDAQ/ specialist fixed fees. Technology Charges: The Fee NMS Securities, or to transactions in the transactions fees incurred by specialists and Schedule currently contains a provision registered options traders in any single options stocks comprising the Standard & Poor’s establishing a technology charge for the class). 500 Stock Price Index executed through 13 retention of electronic communications. 15 U.S.C. 78f(b)(5) and 78s(b)(2). MAX. [These order processing fees also 14 15 U.S.C. 78s(b)(2). Many of the Exchange’s members seek shall not apply, through June 30, 2001, 15 17 CFR 200.30–3(a)(12). to retain electronic communications 1 to any transaction that takes place 15 U.S.C. 78s(b)(1). associated with inactive mailboxes, in 2 during the E-Session.] 17 CFR 240.19b–4. order to satisfy their record retention 3 Amendment No. 1 replaced the original rule 4. Transaction Fees. Transaction fees obligations. Accordingly, the Exchange filing in its entirety. In Amendment No. 1, CHX will be assessed on the executions clarified the distinction between active and inactive believes that it is appropriate to amend mailboxes under the ‘‘Technology Charges’’ of the following round-lot orders: its Fee Schedule to impose a $20 per discussion and clarified the effect of the recent a–i.—No change to text. month retention charge per inactive amendment (File No. CHX–2004–22) discussed in j. The transaction fees set forth in mailbox.6 the ‘‘Specialist Fixed Fee’’ section. Sections F.4(d), (e) and (f), other 4 Amendment No. 2 replaced Amendment No. 1 in its entirety. In Amendment No. 2, CHX made than transaction fees for orders that 6 An active mailbox becomes inactive as a matter technical changes to the proposed rule change. are not routed to a floor broker via of course when the user notifies the Exchange’s 5 15 U.S.C. 78s(b)(3)(A). MAX, shall be subject to the Continued
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8414 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Transaction Fee Cap: The Fee equitable allocation of reasonable dues, number should be included on the Schedule provides for a cap on fees, and other charges among its subject line if e-mail is used. To help the transaction fees associated with certain members. Commission process and review your market maker and floor broker agency comments more efficiently, please use B. Self-Regulatory Organization’s executions. The cap is available to only one method. The Commission will Statement on Burden on Competition order-sending firms that execute a post all comments on the Commission’s specified number of orders on the The Exchange does not believe that Internet Web site (http://www.sec.gov/ Exchange per day. The Exchange is the proposed rule change will impose rules/sro.shtml). Copies of the amending the Fee Schedule to clarify any inappropriate burden on submission, all subsequent that this transaction fee cap is not competition. amendments, all written statements applicable to orders that are routed to a C. Self-Regulatory Organization’s with respect to the proposed rule CHX floor broker by means other than change that are filed with the Statement on Comments on the the Exchange’s automated MAX Proposed Rule Change Received From Commission, and all written system. The Exchange believes that this Members, Participants or Others communications relating to the limitation of the fee cap is amply proposed rule change between the warranted, because a CHX floor broker No written comments were either Commission and any person, other than may be required to expend considerably solicited or received. those that may be withheld from the more time and effort to execute an III. Date of Effectiveness of the public in accordance with the agency order that is received Proposed Rule Change and Timing for provisions of 5 U.S.C. 552, will be telephonically, physically, or through Commission Action available for inspection and copying in means other than the MAX system. the Commission’s Public Reference The foregoing rule change establishes Specialist Fixed Fee: Section E of The Room. Copies of such filing also will be or changes a due, fee, or other charge Fee Schedule was recently amended, in available for inspection and copying at imposed by the Exchange and therefore the case of fixed fees for firms trading the principal office of the CHX. All has become effective pursuant to section NASDAQ/NM Securities, to eliminate comments received will be posted 19(b)(3)(A) of the Act 10 and fixed fee calculations that are contingent without change; the Commission does subparagraph (f)(2) of Rule 19b–4 upon the definition of ‘‘Exemption not edit personal identifying thereunder.11 At any time within 60 Eligible Security’’ that is set forth in information from submissions. You days of the filing of such rule change, Section D of the Fee Schedule.7 should submit only information that the Commission may summarily Accordingly, the Exchange is further you wish to make available publicly. All abrogate such rule change if it appears modifying Section E to clarify that the submissions should refer to File to the Commission that such action is exception for Exemption Eligible Number SR–CHX–2005–02 and should necessary or appropriate in the public Securities now applies only to Tape B be submitted on or before March 11, interest, for the protection of investors, issues (i.e., issues that are listed on a 2005. stock exchange other than the New York or otherwise in furtherance of the purpose of the Act.12 For the Commission, by the Division of Stock Exchange). Market Regulation, pursuant to delegated Finally, the Exchange is amending IV. Solicitation of Comments authority.13 Section F of the Fee Schedule to Interested persons are invited to Margaret H. McFarland, eliminate an obsolete reference to submit written data, views, and Deputy Secretary. transactions that take place ‘‘during the arguments concerning the foregoing, [FR Doc. E5–661 Filed 2–17–05; 8:45 am] E-Session.’’ The Exchange terminated its including whether the proposed rule E-Session program several years ago, BILLING CODE 8010–01–P change is consistent with the Act. rendering this reference obsolete. Comments may be submitted by any of 2. Statutory Basis the following methods: SECURITIES AND EXCHANGE COMMISSION The CHX believes that the proposed Electronic Comments rule change is consistent with Section 6 [Release No. 34–51197; File No. SR–NASD– • Use the Commission’s Internet of the Act,8 in general, and furthers the 2005–003] comment form (http://www.sec.gov/ objectives of Section 6(b)(4) of the Act,9 rules/sro.shtml); or in particular, in that it provides for the • Self-Regulatory Organizations; Send an e-mail to rule- National Association of Securities [email protected]. Please include File Information Services department that they are Dealers, Inc.; Notice of Filing of terminating their CHX e-mail account. This may Number SR–CHX–2005–02 on the Proposed Rule Change To Amend Rule occur when the user leaves the CHX floor or subject line. 4350(n) and IM–4350–7 To Conform the establishes an alternative e-mail account. All users Time Frame for the Disclosure of a are required to submit such documentation when Paper Comments Waiver to a Company’s Code of they terminate their CHX e-mail account. An • Send paper comments in triplicate Conduct to the Time Frame Required account may only become active again if a written to Jonathan G. Katz, Secretary, request is submitted to the CHX Information for Similar Disclosure by the Securities and Exchange Commission, Services department, together with the user’s Commission’s Form 8–K written acknowledgement of CHX policies and 450 Fifth Street, NW., Washington, DC procedures relating to the use of electronic mail. 20549–0609. February 14, 2005. 7 See Securities Exchange Act Release No. 34– All submissions should refer to File 50616 (November 1, 2004), 69 FR 64608 (November Pursuant to Section 19(b)(1) of the 5, 2004) (SR–CHX–2004–22). This rule change Number SR–CHX–2005–02. This file Securities Exchange Act of 1934 instituted a pro-rata fee calculation, and eliminated (‘‘Act’’),1 and Rule 19b–4 thereunder,2 a volume-driven definition, in the case of Nasdaq/ 10 15 U.S.C. 78s(b)(3)(A). notice is hereby given that on January NM securities. Accordingly, the definition of 11 17 CFR 240.19b–4(f)(2). 12, 2005, the National Association of Exemption Eligible Securities for Nasdaq/NM 12 For purposes of calculating the 60-day securities is no longer applicable when calculating abrogation period, the Commission considers the the fixed fee for Nasdaq/NM specialists. proposal to have been filed on February 11, 2005, 13 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78f. the date the CHX filed Amendment No. 2. See Rule 1 15 U.S.C. 78s(b)(1). 9 15 U.S.C. 78f(b)(4). 19b–4(f)(6). 2 17 CFR 240.19b–4.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8415
Securities Dealers, Inc. (‘‘NASD’’), executive officer, principal financial C. Self-Regulatory Organization’s through its subsidiary, The Nasdaq officer, principal accounting officer or Statement on Comments on the Stock Market, Inc. (‘‘Nasdaq’’), filed controller, or persons performing Proposed Rule Change Received From with the Securities and Exchange similar functions. The Commission also Members, Participants, or Others Commission (‘‘Commission’’) the requires an issuer to disclose waivers of Written comments were neither proposed rule change as described in the code that are granted to those solicited nor received. Items I, II, and III below, which Items individuals. Recent amendments to III. Date of Effectiveness of the have been prepared by Nasdaq. The Form 8–K shorten the time frame for Proposed Rule Change and Timing for Commission is publishing this notice to this disclosure from five business days solicit comments on the proposed rule Commission Action to four business days.4 change from interested persons. Within 35 days of the date of To conform with these Commission I. Self-Regulatory Organization’s publication of this notice in the Federal changes, Nasdaq proposes to modify the Register or within such longer period (i) Statement of the Terms of the Substance existing five business-day period for of the Proposed Rule Change as the Commission may designate up to disclosure in its rules to instead require 90 days of such date if it finds such Nasdaq proposes to modify Rule 4350 such disclosure within four business longer period to be appropriate and and related interpretative material to days of the granting of a waiver to the publishes its reasons for so finding or conform the time frame for the code of conduct to any executive officer (ii) as to which the self-regulatory disclosure of a waiver to a company’s or director.5 organization consents, the Commission code of conduct to the time frame 2. Statutory Basis will: required for similar disclosure by the (A) By order approve such proposed Commission’s Form 8–K. Nasdaq will Nasdaq believes that the proposed rule change, or implement the proposed rule change (B) Institute proceedings to determine immediately upon approval by the rule change is consistent with the provisions of Section 15A of the Act,6 in whether the proposed rule change Commission. The text of the proposed should be disapproved. rule change is available on Nasdaq’s general and with Section 15A(b)(6) of Web site (http://www.nasdaq.com), at the Act,7 in particular, in that it is IV. Solicitation of Comments the principal office of the NASD, and at designed to prevent fraudulent and Interested persons are invited to the Commission’s Public Reference manipulative acts and practices, to submit written data, views, and Room. promote just and equitable principles of arguments concerning the foregoing, II. Self-Regulatory Organization’s trade, remove impediments to a free and including whether the proposed rule Statement of the Purpose of, and open market and a national market change, as amended, is consistent with Statutory Basis for, the Proposed Rule system, and, in general, to protect the Act. Comments may be submitted by Change investors and the public interest. The any of the following methods: proposed rule change is consistent with In its filing with the Commission, Electronic Comments these requirements in that it is designed Nasdaq included statements concerning • to enhance the disclosure required by Use the Commission’s Internet the purpose of and basis for the comment form (http://www.sec.gov/ proposed rule change and discussed any issuers and align that disclosure with the time frames required by the rules/sro.shtml); or comments it received on the proposed • Send an e-mail to rule- Commission for similar disclosures, rule change. The text of these statements [email protected]. Please include File thereby reducing confusion among may be examined at the places specified Number SR–NASD–2005–003 on the issuers and investors. in Item IV below. Nasdaq has prepared subject line. summaries, set forth in Sections A, B, B. Self-Regulatory Organization’s Paper Comments and C below, of the most significant Statement on Burden on Competition aspects of such statements. • Send paper comments in triplicate A. Self-Regulatory Organization’s Nasdaq does not believe that the to Jonathan G. Katz, Secretary, Statement of the Purpose of, and proposed rule change will result in any Securities and Exchange Commission, Statutory Basis for, the Proposed Rule burden on competition that is not 450 Fifth Street, NW., Washington, DC Change necessary or appropriate in furtherance 20549–0609. of the purposes of the Act, as amended. All submissions should refer to File 1. Purpose Number SR–NASD–2005–003. This file NASD Rule 4350(n) requires each number should be included on the 4 Securities Act Release No. 8400 (March 16, Nasdaq-listed issuer to adopt a code of subject line if e-mail is used. To help the 2004), 69 FR 15594 (March 25, 2004). These Commission process and review your conduct applicable to all directors, amendments were effective August 23, 2004. comments more efficiently, please use officers and employees of the issuer. 5 Foreign private issuers will continue to be This rule also requires that any waivers permitted to make such disclosure either on the only one method. The Commission will of the code for directors or executive issuer’s next Form 20–F or 40–F, or on a Form 6– post all comments on the Commission’s officers must be approved by the K, consistent with the Commission’s requirements. Internet Web site (http://www.sec.gov/ issuer’s board of directors and that See Securities Act Release No. 8177, 68 FR 5110 rules/sro.shtml). Copies of the issuers (other than foreign private (Jan. 31, 2003) (adopting new Item 16B to Form 20– submission, all subsequent issuers) must disclose such waivers in a F and paragraph (9) to General Instruction B of amendments, all written statements Form 40–F regarding disclosure by foreign private with respect to the proposed rule Form 8–K within five business days. issuers of waivers to the code of conduct). See also Similarly, Item 406 of Regulations S– Securities Exchange Act Release No. 50573 (Oct. 20, change that are filed with the 3 K and S–B require an issuer to disclose 2004), 69 FR 62493 (Oct. 26, 2004) (adopting Commission, and all written whether the issuer has adopted a code conforming changes to NASD Rule 4350(n) and IM– communications relating to the of ethics that applies to its principal 4350–7). proposed rule change between the 6 15 U.S.C. 78o–3. Commission and any person, other than 3 17 CFR 229.406(a) and 228.406(a). 7 15 U.S.C. 78o–3(b)(6). those that may be withheld from the
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8416 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
public in accordance with the Act,4 and Rule 19b–4(f)(2) thereunder,5 OTP Holders that might not have the provisions of 5 U.S.C. 552, will be which renders the proposal effective expertise, capital, or staff to acquire and available for inspection and copying in upon filing with the Commission. The maintain the servers needed to support the Commission’s Public Reference Commission is publishing this notice to the quoting software. The Exchange Room. Copies of such filing also will be solicit comments on the proposed rule currently charges $100 per month to available for inspection and copying at change, as amended, from interested each OTP Holder who accesses the the principal office of the NASD. All persons. Exchange’s server capacity in order to comments received will be posted use the Actant software. I. Self-Regulatory Organization’s without change; the Commission does The Exchange is proposing to modify Statement of the Terms of Substance of not edit personal identifying the current fee from $100 per month for the Proposed Rule Change information from submissions. You each OTP Holder who accesses the should submit only information that PCX proposes to amend its Schedule Exchange’s server capacity in order to you wish to make available publicly. of Fees and Charges in order to modify use the Actant software to $100 per All submissions should refer to File the fee that applies to each OTP Holder month for each ten option issues an Number SR–NASD–2005–003 and that access the Exchange’s server OTP Holder quotes through the should be submitted on or before March capacity to use the Actant quoting Exchange’s server capacity to use the 11, 2005. software employed in PCX Plus, and to Actant quoting software. The Exchange amend the provisions for the handling notes that it will not prorate the fee For the Commission, by the Division of should an OTP Holder quote less than Market Regulation, pursuant to delegated of options on the QQQQ under the authority.8 Exchange’s marketing fee program. The its full allotment of ten options issues. For purposes of billing, the Exchange Margaret H. McFarland, text of the proposed rule change is available on PCX’s Web site (http:// will round up to the next multiple of ten Deputy Secretary. www.pacificex.com), at PCX’s Office of to determine an OTP Holder’s fee for a [FR Doc. E5–666 Filed 2–17–05; 8:45 am] the Secretary, and at the Commission’s particular month. Under the proposed BILLING CODE 8010–01–P Public Reference Room. fee structure, an OTP Holder quoting 8 issues during a month would be charged II. Self-Regulatory Organization’s $100, an OTP Holder quoting 32 issues SECURITIES AND EXCHANGE Statement of the Purpose of, and would be charged $400 a month, and an COMMISSION Statutory Basis for, the Proposed Rule OTP Holder quoting 115 issues would Change be charged $1,200 a month. The [Release No. 34–51195; File No. SR–PCX– In its filing with the Commission, Exchange represents that the change is 2005–12] PCX included statements concerning the necessary because the costs associated Self-Regulatory Organizations; Notice purpose of and basis for the proposed with providing the server bank to use Actant software are directly related to of Filing and Immediate Effectiveness rule change and discussed any the number of issues being quoted, not of Proposed Rule Change and comments it received on the proposed the number of users. Amendment No. 1 Thereto by the rule change, as amended. The text of Pacific Exchange, Inc. Relating to these statements may be examined at QQQQ Exchange Fees and Charges the places specified in Item IV below. PCX has prepared summaries, set forth The Exchange is proposing to amend February 11, 2005. in Sections A, B, and C below, of the its Schedule of Fees and Charges in Pursuant to Section 19(b)(1) of the most significant aspects of such order to modify the provisions for the handling of options on QQQQ under the Securities Exchange Act of 1934 statements. Exchange’s marketing fee program. The (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 A. Self-Regulatory Organization’s Exchange is currently imposing a $1.00 notice is hereby given that on January Statement of the Purpose of, and per contract marketing fee for the QQQQ 28, 2005, the Pacific Exchange, Inc. Statutory Basis for, the Proposed Rule options. The Exchange makes the funds (‘‘PCX’’ or ‘‘Exchange’’) filed with the Change available to Lead Market Makers Securities and Exchange Commission (‘‘LMMs’’) for their use in attracting (‘‘Commission’’) the proposed rule 1. Purpose orders. The Exchange does not retain change as described in Items I, II and III Actant Quoting Software any of the money collected as marketing below, which Items have been prepared The purpose of this proposed rule fees. Any fees collected that are not by PCX. PCX submitted Amendment change is to modify the fee for those used by the LMMs are rebated to the No. 1 to the proposal on February 11, OTP Holders that wish to access the market makers. In addition, the 2005.3 The Exchange filed this proposal Exchange’s server capacity to use the Exchange currently incurs a Royalty Fee pursuant to Section 19(b)(3)(A) of the Actant quoting software employed in of $0.10 for every QQQQ option traded PCX Plus. Actant is a third-party vendor at PCX. At this time the Exchange is 8 17 CFR 200.30–3(a)(12). absorbing 100% of the cost for the 1 with whom the Exchange has contracted 15 U.S.C. 78s(b)(1). Royalty Fee. To help offset some of the 2 17 CFR 240.19b–4. to provide quoting software to be 3 In Amendment No. 1, the Exchange clarified employed in PCX Plus. Since, according costs incurred by the Exchange without that it will round up to the next multiple of ten to to PCX, it would be prohibitively adding additional costs to PCX Market determine an OTP Holder’s fee to access the Actant expensive for small OTP Holders to Makers, the Exchange proposes to quoting software for a particular month should an purchase their own servers, the impose a $0.95 per contract marketing OTP Holder quote less than its full allotment of ten options issues. The Exchange also clarified that it Exchange will create a server bank from fee for the QQQQ options and a $0.05 proposes to impose a $0.95 per contract marketing which each OTP Holder could lease per contract Royalty Fee for QQQQ fee for the Nasdaq-100 Tracking Stock (‘‘QQQQ’’) capacity. This would facilitate options. Under this proposal, the options, a $0.05 per contract Royalty Fee for QQQQ participation on PCX Plus by smaller Exchange will retain the $0.05 per options, and will retain the $0.05 per contract Royalty Fee for QQQQ options as a means to help contract Royalty Fee for QQQQ options pay for the $0.10 Royalty Fee incurred by the 4 15 U.S.C. 78s(b)(3)(A). as a means to help pay for the $0.10 Exchange on each QQQQ options traded at PCX. 5 17 CFR 240.19b–4(f)(2). Royalty Fee incurred on each QQQQ
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8417
options traded at PCX. In addition, the Electronic Comments SMALL BUSINESS ADMINISTRATION Exchange is proposing to exclude trades • of QQQQ from the existing cap on Use the Commission’s Internet Data Collection Available for Public marketing fees. This change is necessary comment form (http://www.sec.gov/ Comments and Recommendations to help the Exchange remain rules/sro.shtml); or ACTION: Notice and request for competitive in its trading of QQQQ • Send an e-mail to rule- comments. options. [email protected]. Please include File 2. Statutory Basis Number SR–PCX–2005–12 on the SUMMARY: In accordance with the subject line. The Exchange believes that the Paperwork Reduction Act of 1995, this notice announces the Small Business proposed rule change, as amended, is Paper Comments consistent with section 6(b) of the Act,6 Administration’s intentions to request in general, and furthers the objectives of • Send paper comments in triplicate approval on a new and/or currently section 6(b)(4) of the Act,7 in particular, to Jonathan G. Katz, Secretary, approved information collection. in that it provides for the equitable Securities and Exchange Commission, DATES: Submit comments on or before allocation of dues, fees, and other 450 Fifth Street, NW., Washington, DC April 19, 2005. charges among its members. 20549–0609. ADDRESSES: Send all comments regarding whether this information B. Self-Regulatory Organization’s All submissions should refer to File collection is necessary for the proper Statement on Burden on Competition Number SR–PCX–2005–12. This file performance of the function of the number should be included on the The Exchange does not believe that agency, whether the burden estimates subject line if e-mail is used. To help the the proposed rule change, as amended, are accurate, and if there are ways to will impose any burden on competition Commission process and review your minimize the estimated burden and that is not necessary or appropriate in comments more efficiently, please use enhance the quality of the collection, to furtherance of the purposes of the Act. only one method. The Commission will Louis Cupp, New Markets Policy post all comments on the Commission’s Analyst, Office of Investment Division, C. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ Statement on Comments on the Small Business Administration, 409 3rd rules/sro.shtml). Copies of the Proposed Rule Change Received From Street SW., Suite 6300, Wash., DC 20416 Members, Participants, or Others submission, all subsequent FOR FURTHER INFORMATION CONTACT: amendments, all written statements Written comments on the proposed Louis Cupp, New Markets Policy with respect to the proposed rule Analyst, 202–619–0511, rule change, as amended, were neither change that are filed with the solicited nor received. [email protected], Curtis B. Rich, Commission, and all written Management Analyst, 202–205–7030, III. Date of Effectiveness of the communications relating to the [email protected]. Proposed Rule Change and Timing for proposed rule change between the SUPPLEMENTARY INFORMATION: Commission Action Commission and any person, other than Title: ‘‘New Markets Venture Capital The foregoing rule change, as those that may be withheld from the (NMVC) Program Application Funding amended, has become effective pursuant public in accordance with the and Reporting.’’ to Section 19(b)(3)(A)(ii) of the Act 8 and provisions of 5 U.S.C. 552, will be Description of Respondents: Program subparagraph (f)(2) of Rule 19b–4 available for inspection and copying in Applications and participants; SSBIC thereunder,9 because it is concerned the Commission’s Public Reference receiving grants under the NMVC solely with the administration of the Section, 450 Fifth Street, NW., program. Exchange. At any time within 60 days Washington, DC 20549. Copies of such Form No’s: SF’S 269, 270, 272, 424 of the filing of such proposed rule filing also will be available for SBA Forms 34, 159, 468, 1031, 2184, change, the Commission may summarily inspection and copying at the principal 2185, 2207–2211, 2219. abrogate such rule change if it appears office of the Exchange. All comments Annual Responses: 1,131. to the Commission that such action is received will be posted without change; Annual Burden: 13,925. necessary or appropriate in the public the Commission does not edit personal interest, for the protection of investors, Jacqueline White, identifying information from Chief, Administrative Information Branch. or otherwise in furtherance of the submissions. You should submit only purposes of the Act.10 [FR Doc. 05–3222 Filed 2–17–05; 8:45 am] information that you wish to make BILLING CODE 8025–01–P IV. Solicitation of Comments available publicly. All submissions Interested persons are invited to should refer to File Number SR–PCX– submit written data, views, and 2005–12 and should be submitted on or SMALL BUSINESS ADMINISTRATION before March 11, 2005. arguments concerning the foregoing, [Disaster Declaration # 10024] including whether the proposed rule For the Commission, by the Division of change, as amended, is consistent with Market Regulation, pursuant to delegated Hawaii Disaster # HI–00001 Disaster the Act. Comments may be submitted by authority.11 Declaration any of the following methods: Margaret H. McFarland, AGENCY: U.S. Small Business 6 15 U.S.C. 78f(b). Deputy Secretary. Administration. 7 15 U.S.C. 78f(b)(4). [FR Doc. E5–660 Filed 2–17–05; 8:45 am] ACTION: Notice. 8 15 U.S.C. 78s(b)(3)(A)(ii). BILLING CODE 8010–01–P 9 17 CFR 240.19b–4(f)(2). SUMMARY: This is a Notice of the 10 See 15 U.S.C. 78s(b)(3)(C). For purposes of Presidential Public Assistance calculating the 60-day abrogation period, the declaration of a major disaster for the Commission considers the period to commence on February 11, 2005, the date PCX filed Amendment State of Hawaii (FEMA–1575–DR), No. 1. 11 17 CFR 200.30–3(a)(12). dated February 1, 2005.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8418 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
INCIDENT: Severe storms and flash DATES: Effective Date: February 1, 2005. ADDRESSES: Submit completed loan flooding. PHYSICAL LOAN APPLICATION DEADLINE applications to: U.S. Small Business INCIDENT PERIOD: October 30, 2004. DATE: April 4, 2005. Administration, Disaster Area Office 1, DATES: Effective Date: February 1, 2005. ADDRESSES: Submit completed loan 360 Rainbow Blvd., South 3rd Floor, Niagara Falls, NY 14303. PHYSICAL LOAN APPLICATION DEADLINE applications to: U.S. Small Business DATE: April 4, 2005. Administration, Disaster Area Office 1, FOR FURTHER INFORMATION CONTACT: A. 360 Rainbow Blvd., South 3rd Floor, Escobar, Office of Disaster Assistance, ADDRESSES: Submit completed loan Niagara Falls, NY 14303. U.S. Small Business Administration, applications to: U.S. Small Business 409 3rd Street, Suite 6050, Washington, Administration, Disaster Area Office 4, FOR FURTHER INFORMATION CONTACT: A. DC 20416. P.O. Box 419004, Sacramento, CA Escobar, Office of Disaster Assistance, 95841. U.S. Small Business Administration, SUPPLEMENTARY INFORMATION: Notice is 409 3rd Street, Suite 6050, Washington, hereby given that as a result of the FOR FURTHER INFORMATION CONTACT: A. DC 20416. President’s major disaster declaration on Escobar, Office of Disaster Assistance, SUPPLEMENTARY INFORMATION: Notice is February 1, 2005, applications for U.S. Small Business Administration, hereby given that as a result of the disaster loans may be filed at the 409 3rd Street, Suite 6050, Washington, President’s major disaster declaration on address listed above or other locally DC 20416. February 1, 2005, applications for announced locations. SUPPLEMENTARY INFORMATION: Notice is disaster loans may be filed at the The following areas have been hereby given that as a result of the address listed above or other locally determined to be adversely affected by President’s major disaster declaration on announced locations. the disaster: February 1, 2005, applications for The following areas have been Primary Counties: Brook, Hancock, disaster loans may be filed at the determined to be adversely affected by Marshall, Ohio, Tyler, Wetzel. address listed above or other locally the disaster: The Interest Rates are: announced locations. Primary Counties: Kane, Washington. The following areas have been The Interest Rates are: Percent determined to be adversely affected by the disaster: Percent Other (Including Non-Profit Orga- Primary Counties: Honolulu. nizations) with Credit Available The Interest Rates are: Other (Including Non-Profit Orga- Elsewhere ...... 4.750 nizations) with Credit Available Businesses and Non-Profit Orga- nizations without Credit Avail- Percent Elsewhere ...... 4.750 Businesses and Non-Profit Orga- able Elsewhere ...... 4.000 Other (Including Non-Profit Orga- nizations without Credit Avail- nizations) with Credit Available able Elsewhere ...... 4.000 The number assigned to this disaster Elsewhere ...... 4.750 for physical damage is 100226. Businesses and Non-Profit Orga- The number assigned to this disaster (Catalog of Federal Domestic Assistance nizations without Credit Avail- for physical damage is 100236. Numbers 59008) able Elsewhere ...... 4.000 (Catalog of Federal Domestic Assistance Numbers 59008) Herbert L. Mitchell, The number assigned to this disaster Associate Administrator for Disaster for physical damage is 100246. Herbert L. Mitchell, Assistance. Associate Administrator for Disaster [FR Doc. 05–3102 Filed 2–17–05; 8:45 am] (Catalog of Federal Domestic Assistance Assistance. Numbers 59008) BILLING CODE 8025–01–P [FR Doc. 05–3103 Filed 2–17–05; 8:45 am] Herbert L. Mitchell, BILLING CODE 8025–01–P Associate Administrator for Disaster Assistance. SOCIAL SECURITY ADMINISTRATION [FR Doc. 05–3101 Filed 2–17–05; 8:45 am] SMALL BUSINESS ADMINISTRATION Privacy Act of 1974 as Amended; BILLING CODE 8025–01–P [Disaster Declaration # 10022] Computer Matching Program (SSA/ Internal Revenue Service (IRS))— West Virginia Disaster # WV–00002 Match Number 1305 SMALL BUSINESS ADMINISTRATION Disaster Declaration AGENCY: [Disaster Declaration # 10023] Social Security Administration AGENCY: U.S. Small Business (SSA). Administration. Utah Disaster # UT–00002 Disaster ACTION: Notice of a new computer Declaration ACTION: Notice. matching program, expected to begin April 1, 2005. AGENCY: U.S. Small Business SUMMARY: This is a Notice of the Presidential Public Assistance Administration. SUMMARY: In accordance with the declaration of a major disaster for the ACTION: provisions of the Privacy Act, as Notice. State of West Virginia (FEMA–1574– amended, this notice announces a DR), dated February 1, 2005. SUMMARY: This is a Notice of the computer matching program that SSA Presidential Public Assistance INCIDENT: Severe storms, flooding, and plans to conduct with the IRS. landslides. declaration of a major disaster for the DATES: SSA will file a report of the INCIDENT PERIOD: State of Utah (FEMA—1576—DR ), January 4, 2005, and subject matching program with the dated February 1, 2005. continuing. Committee on Homeland Security and INCIDENT: Severe storms and flooding. DATES: Effective Date: February 1, 2005. Governmental Affairs of the Senate, the INCIDENT PERIOD: January 8, 2005, PHYSICAL LOAN APPLICATION DEADLINE Committee on Government Reform and through January 12, 2005. DATE: April 4, 2005. Oversight of the House of
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8419
Representatives, and the Office of Dated: February 8, 2005. Medicare Part D and Part D Subsidy File Information and Regulatory Affairs, Martin H. Gerry, system of records. Office of Management and Budget Deputy Commissioner for Disability and E. Inclusive Dates of the Matching Income Security Programs. (OMB). The matching program will be Program effective as indicated below. Notice of Computer Matching Program, The matching program will become ADDRESSES: Interested parties may Social Security Administration (SSA) effective no sooner than 40 days after comment on this notice by either telefax With Internal Revenue Service (IRS) notice of the matching program is sent to (410) 965–8582 or writing to the A. Participating Agencies to Congress and OMB, or 30 days after Associate Commissioner, Office of publication of this notice in the Federal SSA and IRS. Income Security Programs, 760 Register, whichever date is later. The Altmeyer Building, 6401 Security B. Purpose of the Matching Program matching program will continue for 18 Boulevard, Baltimore, MD 21235–6401. months from the effective date and may The purpose of this matching program All comments received will be available be extended for an additional 12 months is to establish conditions under which for public inspection at this address. thereafter, if certain conditions are met. IRS agrees to disclose to SSA certain tax SUPPLEMENTARY INFORMATION: return information necessary to verify [FR Doc. 05–3096 Filed 2–17–05; 8:45 am] an individual’s self-certification of BILLING CODE 4191–02–P A. General eligibility for prescription drug subsidy The Computer Matching and Privacy assistance under the Medicare SOCIAL SECURITY ADMINISTRATION Protection Act of 1988 (Public Law Prescription Drug, Improvement and Modernization Act of 2003 (MMA). (Pub. L.) 100–503), amended the Privacy Privacy Act of 1974 as Amended; Act (5 U.S.C. 552a) by describing the Pursuant to section 1860D–14 of title I of the MMA (42 U.S.C. 1395w–114), Computer Matching Program (SSA/ manner in which computer matching SSA will determine whether the Department of Health and Human involving Federal agencies could be individual is an individual described in Services, Administration for Children performed and adding certain section 1860D–14(a) (i.e. an individual and Families, Office of Child Support protections for individuals applying for with income up to 150 percent of the Enforcement (HHS/ACF/OCSE)) Match and receiving Federal benefits. Section Federal poverty guidelines). Number 1306 7201 of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101– C. Authority for Conducting the AGENCY: Social Security Administration 508) further amended the Privacy Act Matching Program (SSA). ACTION: Notice of a new computer regarding protections for such Section 6103(1)(7) of the Internal matching program. individuals. The Privacy Act, as Revenue Code (26 U.S.C. 6103(1)(7)) amended, regulates the use of computer authorizes the IRS to disclose return SUMMARY: In accordance with the matching by Federal agencies when information with respect to unearned provisions of the Privacy Act, as records in a system of records are income to Federal, State, and local amended, this notice announces a new matched with other Federal, State, or agencies administering certain benefit computer matching program that SSA local government records. programs under the Social Security Act. will conduct with HHS/ACF/OCSE. It requires Federal agencies involved Section 1860d–14 of title I of the DATES: SSA will file a report of the in computer matching programs to: MMA requires the Commissioner of subject matching program with the SSA to verify the eligibility of an (1) Negotiate written agreements with Committee on Homeland Security and individual who seeks to be considered Governmental Affairs of the Senate; the the other agency or agencies as an individual eligible for the participating in the matching programs; Committee on Government Reform and prescription drug subsidy under the Oversight of the House of (2) Obtain the Data Integrity Boards’ MMA and who self-certifies his/her Representatives and the Office of approval of the match agreements; income, resources and family size. Information and Regulatory Affairs, (3) Publish notice of the computer D. Categories of Records and Office of Management and Budget matching program in the Federal Individuals Covered by the Matching (OMB). The matching program will be Register; Program effective as indicated below. (4) Furnish detailed reports about SSA will provide the IRS with ADDRESSES: Interested parties may matching programs to Congress and identifying information with respect to comment on this notice by either telefax OMB; applicants for, and recipients of, the to (410) 965–8582 or writing to the Associate Commissioner for Income (5) Notify applicants and beneficiaries Medicare Part D Prescription Drug Security Programs, 245 Altmeyer that their records are subject to Subsidy from the Medicare Part D and Building, 6401 Security Boulevard, matching; and Part D Subsidy File system of records, SSA/ORSIS 60–0321, as published at 69 Baltimore, MD 21235–6401. All (6) Verify match findings before FR 248 (December 28, 2004). IRS will comments received will be available for reducing, suspending, terminating, or extract tax return information with public inspection at this address. denying an individual’s benefits or respect to unearned income from the FOR FURTHER INFORMATION CONTACT: The payments. Information Returns Master File (IRMF), Associate Commissioner for Income B. SSA Computer Matches Subject to Treasury/IRS 22.061, as published at 66 Security Programs as shown above. the Privacy Act FR 63797 (December 10, 2001), using SUPPLEMENTARY INFORMATION: the same extract as the Disclosure of We have taken action to ensure that Information to Federal, State and local A. General all of SSA’s computer matching Agencies (DIFSLA) program. SSA will The Computer Matching and Privacy programs comply with the requirements maintain return information provided Protection Act of 1988 (Public Law of the Privacy Act, as amended. by the IRS through this match in the (Pub. L.) 100–503), amended the Privacy
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8420 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Act (5 U.S.C. 552a) by describing the to verify an individual’s self- SOCIAL SECURITY ADMINISTRATION conditions under which computer certification of eligibility for matching involving the Federal prescription drug subsidy assistance Privacy Act of 1974 as Amended; Government could be performed and under the Medicare Prescription Drug, Computer Matching Program (SSA/ adding certain protections for Improvement and Modernization Act of Office of Personnel Management individuals applying for and receiving 2003 (MMA). (OPM))—Match Number 1307 Federal benefits. Section 7201 of the AGENCY: Social Security Administration Omnibus Budget Reconciliation Act of C. AUTHORITY FOR CONDUCTING THE MATCHING (SSA). 1990 (Pub. L. 101–508) further amended PROGRAM: ACTION: the Privacy Act regarding protections for The legal authority for SSA to Notice of a new computer such individuals. conduct this matching activity is matching program. The Privacy Act, as amended, contained in section 1860D–14 (42 SUMMARY: In accordance with the regulates the use of computer matching U.S.C. 1395w–114) of the Act. provisions of the Privacy Act, as by Federal agencies when records in a amended, this notice announces a new system of records are matched with D. CATEGORIES OF RECORDS AND INDIVIDUALS computer matching program that SSA other Federal, State or local government COVERED BY THE MATCHING PROGRAM: will conduct with OPM. records. 1. Specified Data Elements Used in It requires Federal agencies involved DATES: SSA will file a report of the the Match. in computer matching programs to: subject matching program with the (1) Negotiate written agreements with a. On the basis of certain identifying Committee on Homeland Security and the other agency or agencies information as provided by SSA to Governmental Affairs of the Senate; the participating in the matching programs; OCSE, OCSE and SSA will conduct a Committee on Government Reform and (2) Obtain the approval of the computerized comparison of the Oversight of the House of matching agreement by the Data quarterly wage payment and Representatives and the Office of Integrity Boards (DIB) of the unemployment insurance benefit Information and Regulatory Affairs, participating Federal agencies; information in the National Directory of Office of Management and Budget (3) Publish notice of the computer New Hires (NDNH) maintained by OCSE (OMB). The matching program will be matching program in the Federal in its Location and Collection (LCS) effective as indicated below. Register; system of records. ADDRESSES: Interested parties may (4) Furnish detailed reports about b. SSA will match this data against comment on this notice by either telefax matching programs to Congress and the Medicare database. to (410) 965–8582 or writing to the OMB; 2. Systems of Records. Associate Commissioner for Income (5) Notify applicants and beneficiaries Security Programs, 245 Altmeyer that their records are subject to The OCSE will provide SSA with electronic files containing quarterly Building, 6401 Security Boulevard, matching; and Baltimore, MD 21235–6401. All (6) Verify match findings before wage and unemployment insurance data from its system of records, the Location comments received will be available for reducing, suspending, terminating or public inspection at this address. denying an individual’s benefits or and Collection System (ACF/OCSE, 09– payments. 90–0074). Pursuant to U.S.C. 552a(b)(3), FOR FURTHER INFORMATION CONTACT: The OCSE will established routine use to Associate Commissioner for Income B. SSA Computer Matches Subject to disclose the subject information. Security Programs as shown above. the Privacy Act SSA will match the OCSE information SUPPLEMENTARY INFORMATION: We have taken action to ensure that with electronic files from its system of A. General all of SSA’s computer matching records, the Medicare Part D and Part D programs comply with the requirements Subsidy File (60–0321), which is The Computer Matching and Privacy of the Privacy Act, as amended. currently being developed to support Protection Act of 1988 (Public Law (Pub. L.) 100–503), amended the Privacy Dated: January 25, 2005. the Medicare Part D subsidy computer matches. Act (5 U.S.C. 552a) by describing the Martin H. Gerry, conditions under which computer Deputy Commissioner for Disability and E. INCLUSIVE DATES OF THE MATCHING PROGRAM: matching involving the Federal Income Security Programs. government could be performed and The matching program will become adding certain protections for Notice of Computer Matching Program, effective upon signing of the agreement Social Security Administration (SSA) with individuals applying for and receiving by all parties to the agreement and the Health and Human Services (HHS)/ Federal benefits. Section 7201 of the approval of the agreement by the Data Administration for Children and Families Omnibus Budget Reconciliation Act of Integrity Boards of the respective (ACF)/Office of Child Support 1990 (Pub. L. 101–508) further amended agencies, but no sooner than 40 days Enforcement (OCSE) the Privacy Act regarding protections for after notice of the matching program is such individuals. A. PARTICIPATING AGENCIES: sent to Congress and the Office of The Privacy Act, as amended, SSA and OCSE. Management and Budget, or 30 days regulates the use of computer matching after publication of this notice in the B. PURPOSE OF THE MATCHING PROGRAM: by Federal agencies when records in a Federal Register, whichever date is The purpose of this matching system of records are matched with later. The matching program will agreement is to establish the conditions, other Federal, State or local government continue for 18 months from the terms and safeguards under which records. effective date and may be extended for OCSE agrees to disclose quarterly wage It requires Federal agencies involved an additional 12 months thereafter, if and unemployment insurance data from in computer matching programs to: certain conditions are met. their National Directory of New Hires (1) Negotiate written agreements with database to SSA. This disclosure will [FR Doc. 05–3097 Filed 2–17–05; 8:45 am] the other agency or agencies provide SSA with information necessary BILLING CODE 4191–02–P participating in the matching programs;
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8421
(2) Obtain the approval of the U.S.C. 1320b–14) of the Social Security computer matching program that SSA matching agreement by the Data Act. plans to conduct with the BPD. Integrity Boards (DIB) of the DATES: SSA will file a report of the participating Federal agencies; D. CATEGORIES OF RECORDS AND INDIVIDUALS COVERED BY THE MATCHING PROGRAM: subject matching program with the (3) Publish notice of the computer Committee on Homeland Security and matching program in the Federal 1. Specified Data Elements Used in Governmental Affairs of the Senate, the Register; the Match. Committee on Government Reform and (4) Furnish detailed reports about a. OPM will electronically furnish Oversight of the House of matching programs to Congress and SSA with the following civil service Representatives, and the Office of OMB; benefit and payment data: name, Social Information and Regulatory Affairs, (5) Notify applicants and beneficiaries Security number, civil service claim Office of Management and Budget that their records are subject to number, and amount of current gross (OMB). The matching program will be matching; and civil service benefits. effective as indicated below. b. SSA will match this file against the (6) Verify match findings before ADDRESSES: Interested parties may reducing, suspending, terminating or Medicare database. 2. Systems of Records. comment on this notice by either telefax denying an individual’s benefits or to (410) 965–8582 or writing to the payments. OPM will provide SSA with a finder file containing civil service benefit and Associate Commissioner, Office of B. SSA Computer Matches Subject to payment data from the OPM System of Income Security Programs, 760 the Privacy Act Records published as OPM/Central-1 Altmeyer Building, 6401 Security (Civil Service and Insurance Records), Boulevard, Baltimore, MD 21235–6401. We have taken action to ensure that All comments received will be available all of SSA’s computer matching on October 8, 1999 (64 FR 54930), as amended on May 3, 2000 (65 FR 25775). for public inspection at this address. programs comply with the requirements FOR FURTHER INFORMATION CONTACT: The of the Privacy Act, as amended. Pursuant to 5 U.S.C. 552a(b)(3), OPM has established routine uses to disclose Associate Commissioner for Income Dated: January 25, 2005. the subject information. Security Programs as shown above. Martin H. Gerry, SSA will match the OPM information SUPPLEMENTARY INFORMATION: Deputy Commissioner for Disability and with the electronic data from the A. General Income Security Programs. following system of records: SSA SOR The Computer Matching and Privacy Notice of Computer Matching Program, 60–0321, which is currently being Social Security Administration (SSA) With developed to support the Medicare Part Protection Act of 1988 (Public Law the Office of Personnel Management D subsidy computer matches. (Pub. L.) 100–503), amended the Privacy (OPM) Act (5 U.S.C. 552a) by describing the E. INCLUSIVE DATES OF THE MATCHING PROGRAM: manner in which computer matching A. PARTICIPATING AGENCIES: The matching program will become involving Federal agencies could be SSA and OPM. effective upon signing of the agreement performed and adding certain by all parties to the agreement and protections for individuals applying for B. PURPOSE OF THE MATCHING PROGRAM: approval of the agreement by the Data and receiving Federal benefits. Section The purpose of this matching program Integrity Boards of the respective 7201 of the Omnibus Budget is to establish the conditions, terms and agencies, but no sooner than 40 days Reconciliation Act of 1990 (Pub. L. 101– safeguards under which OPM agrees to after notice of the matching program is 508) further amended the Privacy Act the disclosure of civil service benefit sent to Congress and the Office of regarding protections for such and payment data to SSA. This Management and Budget, or 30 days individuals. disclosure will provide SSA with after publication of this notice in the The Privacy Act, as amended, information necessary to verify an Federal Register, whichever date is regulates the use of computer matching individual’s self-certification of later. The matching program will by Federal agencies when records in a eligibility for prescription drug subsidy continue for 18 months from the system of records are matched with assistance under the Medicare effective date and may be extended for other Federal, State, or local government Prescription Drug, Improvement and an additional 12 months thereafter, if records. Modernization Act of 2003 (MMA). The certain conditions are met. It requires Federal agencies involved disclosure will also enable SSA to in computer matching programs to: [FR Doc. 05–3098 Filed 2–17–05; 8:45 am] implement a Medicare outreach (1) Negotiate written agreements with program mandated by section 1144 of BILLING CODE 4191–02–P the other agency or agencies title XI of the Social Security Act. participating in the matching programs; (2) Obtain the Data Integrity Boards’ Information disclosed by OPM will SOCIAL SECURITY ADMINISTRATION enable SSA to identify individuals to approval of the match agreements; determine their eligibility for Medicare Privacy Act of 1974 as Amended; (3) Publish notice of the computer Savings Programs, Medicare transitional Computer Matching Program (SSA/ matching program in the Federal assistance prescription drug cards and Bureau of the Public Debt (BPD))— Register; subsidized Medicare prescription drug Match 1304 (4) Furnish detailed reports about coverage and enable SSA, in turn, to matching programs to Congress and identify these individuals to the States. AGENCY: Social Security Administration OMB; (SSA). (5) Notify applicants and beneficiaries C. AUTHORITY FOR CONDUCTING THE MATCHING ACTION: Notice of a new computer that their records are subject to PROGRAM: matching program. matching; and The legal authority for SSA to (6) Verify match findings before conduct this matching activity is SUMMARY: In accordance with the reducing, suspending, terminating, or contained in section 1860D–14 (42 provisions of the Privacy Act, as denying an individual’s benefits or U.S.C. 1395w–114) and section 1144 (42 amended, this notice announces a payments.
VerDate jul<14>2003 17:28 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8422 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
B. SSA Computer Matches Subject to to Congress and OMB, or 30 days after The Privacy Act, as amended, the Privacy Act publication of this notice in the Federal regulates the use of computer matching We have taken action to ensure that Register, whichever date is later. The by Federal agencies when records in a all of SSA’s computer matching matching program will continue for 18 system of records are matched with programs comply with the requirements months from the effective date and may other Federal, State or local government of the Privacy Act, as amended. be extended for an additional 12 months records. thereafter, if certain conditions are met. It requires Federal agencies involved Dated: January 25, 2005. in computer matching programs to: [FR Doc. 05–3099 Filed 2–17–05; 8:45 am] Martin H. Gerry, (1) Negotiate written agreements with Deputy Commissioner for Disability and BILLING CODE 4190–02–P the other agency or agencies Income Security Programs. participating in the matching programs; Notice of Computer Matching SOCIAL SECURITY ADMINISTRATION (2) Obtain the approval of the Program, Social Security Administration matching agreement by the Data (SSA) with the Bureau of the Public Privacy Act of 1974 as Amended; Integrity Boards (DIB) of the Debt (BPD) Computer Matching Program (SSA/ participating Federal agencies; (3) Publish notice of the computer A. PARTICIPATING AGENCIES: Railroad Retirement Board (RRB))— Match Number 1308 matching program in the Federal SSA and BPD. Register; AGENCY: Social Security Administration B. PURPOSE OF THE MATCHING PROGRAM: (4) Furnish detailed reports about (SSA). matching programs to Congress and The purpose of this matching program ACTION: OMB; is to establish conditions under which Notice of a new computer matching program. (5) Notify applicants and beneficiaries BPD agrees to disclose to SSA that their records are subject to ownership of savings securities to verify SUMMARY: In accordance with the matching; and an individual’s self-certification of provisions of the Privacy Act, as (6) Verify match findings before eligibility for prescription drug subsidy amended, this notice announces a new reducing, suspending, terminating or assistance under the Medicare computer matching program that SSA denying an individual’s benefits or Prescription Drug, Improvement and will conduct with RRB. payments. Modernization Act of 2003 (MMA). DATES: SSA will file a report of the B. SSA Computer Matches Subject to C. AUTHORITY FOR CONDUCTING THE MATCHING subject matching program with the the Privacy Act PROGRAM: Committee on Homeland Security and The legal authority for SSA to Governmental Affairs of the Senate; the We have taken action to ensure that conduct this matching activity is Committee on Government Reform and all of SSA’s computer matching contained in section 1860D–14 (42 Oversight of the House of programs comply with the requirements U.S.C. 1395w–114) of the Social Representatives and the Office of of the Privacy Act, as amended. Security Act. Information and Regulatory Affairs, Dated: January 25, 2005. Office of Management and Budget Martin H. Gerry, D. CATEGORIES OF RECORDS AND INDIVIDUALS (OMB). The matching program will be COVERED BY THE MATCHING PROGRAM: Deputy Commissioner for Disability and effective as indicated below. Income Security Programs. SSA will provide the BPD with a ADDRESSES: Interested parties may finder file containing Social Security Notice of Computer Matching Program, comment on this notice by either telefax Numbers (SSNs) extracted from the Social Security Administration (SSA) to (410) 965–8582 or writing to the Medicare database as specified in this With the Railroad Retirement Board Associate Commissioner for Income Agreement from the Medicare file of (RRB) Security Programs, 245 Altmeyer Part D subsidy eligibles, SSA/ORSIS 09– Building, 6401 Security Boulevard, A. Participating Agencies 60–0090, as published at 66 FR 11080 Baltimore, MD 21235–6401. All (Feb. 21, 2001) and amended at 69 FR SSA and RRB. comments received will be available for 11693 (Mar. 11, 2004). BPD will match public inspection at this address. B. Purpose of the Matching Program the SSNs on the finder file with the SSNs on its savings-type securities— FOR FURTHER INFORMATION CONTACT: The The purpose of this matching program Series E, EE, and I—registration Associate Commissioner for Income is to establish the conditions, terms and systems. These records are included Security Programs as shown above. safeguards under which RRB agrees to under the systems of records Treasury/ SUPPLEMENTARY INFORMATION: the disclosure of RRB annuity payment data to SSA. This disclosure will BPD.002, United States Savings Type A. General Securities, and Treasury/BPD.008, provide SSA with information necessary Retail Treasury Securities Access The Computer Matching and Privacy to verify an individual’s self- Application, last published on May 22, Protection Act of 1988 (Public Law certification of eligibility for 2001, at 66 FR 28225 and 28235, (Pub. L.) 100–503), amended the Privacy prescription drug subsidy assistance respectively. SSA will then match BPD Act (5 U.S.C. 552a) by describing the under the Medicare Prescription Drug, data with electronic data from the conditions under which computer Improvement and Modernization Act of following system of records: 60–0321 matching involving the Federal 2003 (MMA). The disclosure will also which is being developed to support the government could be performed and enable SSA to implement a Medicare Medicare Part D subsidy computer adding certain protections for outreach program mandated by section matches. individuals applying for and receiving 1144 of title XI of the Social Security Federal benefits. Section 7201 of the Act . Information disclosed by RRB will E. INCLUSIVE DATES OF THE MATCHING PROGRAM: Omnibus Budget Reconciliation Act of enable SSA to identify individuals to The matching program will become 1990 (Pub. L. 101–508) further amended determine their eligibility for Medicare effective no sooner than 40 days after the Privacy Act regarding protections for Savings Programs (MSP), Medicare notice of the matching program is sent such individuals. transitional assistance prescription drug
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8423
cards and subsidized Medicare SOCIAL SECURITY ADMINISTRATION (2) Obtain the approval of the prescription drug coverage and enable matching agreement by the Data SSA, in turn, to identify these Privacy Act of 1974 as Amended; Integrity Boards (DIB) of the individuals to the States. Computer Matching Program (SSA/ participating Federal agencies; Department of Veterans Affairs (VA), (3) Publish notice of the computer C. Authority for Conducting the Veterans Benefit Administration matching program in the Federal Matching Program (VBA)—Match Number 1309 Register; (4) Furnish detailed reports about The legal authority for SSA to AGENCY: Social Security Administration matching programs to Congress and conduct this matching activity is (SSA). contained in section 1860D–14 (42 OMB; ACTION: Notice of a new computer (5) Notify applicants and beneficiaries U.S.C. 1395w–114) and section 1144 (42 matching program. that their records are subject to U.S.C. 1320b–14) of the Act. SUMMARY: In accordance with the matching; and D. Categories of Records and provisions of the Privacy Act, as (6) Verify match findings before Individuals Covered by the Matching amended, this notice announces a new reducing, suspending, terminating or Program computer matching program that SSA denying an individual’s benefits or payments. 1. Specified Data Elements Used in the will conduct with VA. Match DATES: SSA will file a report of the B. SSA Computer Matches Subject to subject matching program with the the Privacy Act a. RRB will electronically furnish SSA Committee on Homeland Security and We have taken action to ensure that with the following RRB annuitant data: Governmental Affairs of the Senate; the all of SSA’s computer matching name, Social Security Number, date of Committee on Government Reform and programs comply with the requirements birth, RRB claim number, and annuity Oversight of the House of of the Privacy Act, as amended. payment. Representatives and the Office of Dated: January 25, 2005. b. SSA will match this file against the Information and Regulatory Affairs, Martin H. Gerry, Medicare database. Office of Management and Budget (OMB). The matching program will be Deputy Commissioner for Disability and 2. Systems of Records effective as indicated below. Income Security Programs. ADDRESSES: Interested parties may Notice of Computer Matching Program, RRB will provide SSA with electronic comment on this notice by either telefax files containing RRB annuity payment Social Security Administration (SSA) to (410) 965–8582 or writing to the With the Department of Veterans data from its systems of records, RRB– Associate Commissioner for Income 22 Railroad Retirement Survivors and Affairs (VA), Veterans Benefit Security Programs, 245 Altmeyer Administration (VBA) Pension Benefits Systems (CHICO). RRB Building, 6401 Security Boulevard, will also provide SSA with electronic Baltimore, MD 21235–6401. All A. Participating Agencies files of all qualified Railroad comments received will be available for SSA and VA. beneficiaries from its system of records, public inspection at this address. RRB–20 (PSRRB). Pursuant to 5 U.S.C. B. Purpose of the Matching Program FOR FURTHER INFORMATION CONTACT: The 552a(b)(3), RRB has established routine Associate Commissioner for Income The purpose of this matching program uses to disclose the subject information. Security Programs as shown above. is to establish the conditions, terms and SSA will match the RRB information SUPPLEMENTARY INFORMATION: safeguards under which VA agrees to with the electronic data from the the disclosure of VA compensation and following system of records: 60–0321 A. General pension payment data to SSA. This which is currently being developed to The Computer Matching and Privacy disclosure will provide SSA with support the Medicare Part D subsidy Protection Act of 1988 (Public Law information necessary to verify an computer matches (Pub. L.) 100–503), amended the Privacy individual’s self-certification of Act (5 U.S.C. 552a) by describing the eligibility for prescription drug subsidy E. Inclusive Dates of the Matching conditions under which computer assistance under the Medicare Program matching involving the Federal Prescription Drug, Improvement and The matching program will become government could be performed and Modernization Act of 2003 (MMA). The effective upon signing of the agreement adding certain protections for disclosure will also enable SSA to by all parties to the agreement and individuals applying for and receiving implement a Medicare outreach approval of the agreement by the Data Federal benefits. Section 7201 of the program mandated by section 1144 of Integrity Boards of the respective Omnibus Budget Reconciliation Act of title XI of the Social Security Act. agencies, but no sooner than 40 days 1990 (Pub. L. 101–508) further amended Information disclosed by VA will enable after notice of the matching program is the Privacy Act regarding protections for SSA to identify individuals to sent to Congress and the Office of such individuals. determine their eligibility for Medicare Management and Budget, or 30 days The Privacy Act, as amended, Savings Programs (MSP), Medicare after publication of this notice in the regulates the use of computer matching transitional assistance prescription drug Federal Register, whichever date is by Federal agencies when records in a cards and subsidized Medicare later. The matching program will system of records are matched with prescription drug coverage and enable continue for 18 months from the other Federal, State or local government SSA, in turn, to identify these effective date and may be extended for records. individuals to the States. It requires Federal agencies involved an additional 12 months thereafter, if C. Authority for Conducting the certain conditions are met. in computer matching programs to: (1) Negotiate written agreements with Matching Program [FR Doc. 05–3100 Filed 2–17–05; 8:45 am] the other agency or agencies The legal authority for SSA to BILLING CODE 4191–02–P participating in the matching programs; conduct this matching activity is
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8424 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
contained in section 1860D–14 (42 submitted to the Office of Management DEPARTMENT OF TRANSPORTATION U.S.C. 1395w–114) and section 1144 (42 and Budget (OMB) for review, as U.S.C. 1320b–14) of the Act. required by the Paperwork Reduction Federal Aviation Administration Act of 1995 (44 U.S.C. Chapter 35, as D. Categories of Records and Receipt of Noise Compatibility Individuals Covered by the Matching amended). The Tennessee Valley Program Amendment; Austin- Program Authority is soliciting public comments Bergstrom International Airport, on this proposed collection as provided Austin, TX 1. Specified Data Elements Used in the by 5 CFR 1320.8(d)(1). Requests for Match information, including copies of the AGENCY: Federal Aviation a. VA will electronically furnish SSA information collection proposed and Administration, DOT. with the following VA compensation supporting documentation, should be ACTION: Notice. and pension payment data: Social directed to the Agency Clearance Security number, name, date of birth, SUMMARY: The Federal Aviation Officer: Alice D. Witt, Tennessee Valley Administration (FAA) announces that it and VA claim number. Authority, 1101 Market Street (EB 5B), b. SSA will match this file against the is reviewing a proposed amendment Chattanooga, Tennessee 37402–2801; Medicare database. (second) for the noise compatibility (423) 751–6832. (SC: 000X1BL) program that was submitted for Austin- 2. Systems of Records Comments should be sent to the OMB Bergstrom International Airport under VA will provide SSA with electronic Office of Information and Regulatory the provisions of Title 49, U.S.C. files containing compensation and Affairs, Attention: Desk Officer for the Chapter 475 (hereinafter referred to as pension payment data from its system of Tennessee Valley Authority by March ‘‘Title 49’’) and 14 CFR part 150 by the records entitled the Compensation, 21, 2005. city of Austin. This program was Pension, Education and Rehabilitation SUPPLEMENTARY INFORMATION: submitted subsequent to a Records–VA (58VA21/22). Pursuant to 5 determination by the FAA that U.S.C. 552a(b)(3), VA has established Type of Request: Regular submission associated noise exposure maps routine uses to disclose the subject for an extension of a currently approved submitted under 14 CFR part 150 for information. collection, 3316–0099. Austin-Bergstrom International Airport SSA will match the VA information Title of Information Collection: TVA were in compliance with applicable with the electronic data from the Aquatic Plant Management. requirements effective on April 29, following system of records: SSA SOR 2000. The original noise compatibility Frequency of Use: On occasion. 60–0321 which is currently being program was approved on November 7, developed to support the Medicare Part Type of Affected Public: Individuals 2000, and subseqently amended on D subsidy computer matches. or households. February 11, 2004. The proposed update E. Inclusive Dates of the Matching Small Businesses or Organizations to the noise compatibility program will Program Affected: No. be approved or disapproved on or before August 10, 2005. Federal Budget Functional Category The matching program will become DATES: Code: 452. The effective date of the start of effective upon signing of the agreement the FAA’s review of the noise by all parties to the agreement and Estimated Number of Annual compatibility program is February 11, approval of the agreement by the Data Responses: 800. 2005. The public comment period ends Integrity Boards of the respective April 10, 2005. agencies, but no sooner than 40 days Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: after notice of the matching program is Hours: 160. Mr. sent to Congress and the Office of Estimated Average Burden Hours Per Paul E. Blackford, Department of Management and Budget, or 30 days Response: 0.20 (12 minutes). Transportation, Federal Aviation Administration, Fort Worth, Texas, after publication of this notice in the Need for and Use of Information: TVA Federal Register, whichever date is 76193–0652, (817) 222–5607. Comments committed to involving the public in on the proposed noise compatibilty later. The matching program will developing plans for managing aquatic continue for 18 months from the program should also be submitted to the plants in individual TVA lakes under a above office. effective date and may be extended for Supplemental Environmental Impact an additional 12 months thereafter, if SUPPLEMENTARY INFORMATION: This Statement completed in August 1993. certain conditions are met. notice announces that the FAA is This proposed survey will provide a reviewing a proposed update to the [FR Doc. 05–3104 Filed 2–17–05; 8:45 am] mechanism for obtaining input into this existing noise compatibility program for BILLING CODE 4191–02–P planning process from a representative Austin-Bergstrom International Airport, sample of people living near each lake. which will be approved or disapproved The information obtained from the on or before August 10, 2005. This TENNESSEE VALLEY AUTHORITY survey will be factored into the notice also announces the availability of development of aquatic plant this program for public review and Paperwork Reduction Act of 1995, as management plans for mainstream comment. Amended by Public Law 104–13; Tennessee River lakes. An airport operator who has Submission for OMB Review; submitted noise exposure maps that are Comment Request Jacklyn J. Stephenson, found by the FAA to be in compliance AGENCY: Tennessee Valley Authority. Senior Manager, Enterprise Operations, with the requirements of Federal ACTION: Submission for OMB review; Information Services. Aviation Regulations (FAR) part 150, comment request. [FR Doc. 05–3134 Filed 2–17–05; 8:45 am] promulgated ppursuant to Title 49, may BILLING CODE 8120–08–P submit a noise compatibility program SUMMARY: The proposed information for FAA approval, which sets forth the collection described below will be measures the operator has taken or
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8425
proposes for the reduction of existing Questions may be directed to the 6. Discussion and agreement of noncompatible uses and for the individual named above under the location and dates for subsequent prevention of the introduction of heading, FOR FURTHER INFORMATION meetings. Attendance is open to the additional noncompatible uses. CONTACT. interested public but limited to space On April 20, 1999, the FAA published Dated: Issued in Forth Worth, Texas, available. With the approval of the its approval of noise exposure maps for February 11, 2005. Chairperson, members of the public may the Augstin-Bergstrom International D. Cameron Bryan, present oral statements at the meeting. Airport in the Federal Register. On May Acting Manager, Airports Division. Persons desiring to attend and persons 25, 2000, the FAA published its desiring to present oral statement [FR Doc. 05–3111 Filed 2–17–05; 8:45 am] approval of a final 2004 noise exposure should notify the person listed above map for the Austin-Bergstrom BILLING CODE 4910–13–M not later than April 8, 2005. The next International Airport in the Federal quarterly meeting of the FAA ATPAC is Register. The FAA approved the original DEPARTMENT OF TRANSPORTATION planned to be held from July 11–14, noise compatibility program on 2005, in Anchorage, AK. November 7, 2000, produced during Federal Aviation Administration Any member of the public may Austin-Bergstrom International Airport, present a written statement to the austin, Texas Part 150 Noise Air Traffic Procedures Advisory Committee at any time at the address Compatibility Study. Committee given above. The FAA received an update to the AGENCY: Federal Aviation Issued in Washington, DC, on February 10, noise compatibility program, and 2005. published its intent to review in the Administration (FAA), DOT. August 26, 2003, Federal Register. The SUMMARY: The FAA is issuing this notice Stephen Creamer, FAA approved the updated noise to advise the public that a meeting of Executive Director, Air Traffic Procedures compatibility program on February 11, the Federal Aviation Air Traffic Advisory Committee. 2004. Procedures Advisory Committee [FR Doc. 05–3112 Filed 2–17–05; 8:45 am] The FAA has formally received a (ATPAC) will be held to review present BILLING CODE 4910–13–M second update to the noise air traffic control procedures and compatibility program for Austin- practices for standardization, DEPARTMENT OF TRANSPORTATION Bergstrom International Airport. clarification, and upgrading of Preliminary review of the submitted terminology and procedures. Federal Aviation Administration material indicates that it conforms to the DATES: The meeting will be held requirements for the submittal of noise Monday, April 18, 2005 from 1 p.m. to Notice of Intent To Rule on Application exposure programs, but that further 4:30 p.m., Tuesday, April 19, 2005 from (05–09–C–00–YKM) To Impose and review will be necessary prior to 9 a.m. to 4:30 p.m., and Wednesday, Use, the Revenue From a Passenger approval or disapproval of the program. April 20, 2005 from 9 a.m. to 4:30 p.m. Facility Charge (YKM) at Yakima Air The formal review period, limited by ADDRESSES: The meeting will be held at Terminal—McAllister Field, Submitted law to a maximum of 180 days, will be FAA Headquarters, 800 Independence By the Yakima Air Terminal— completed on or before August 10, 2005. McAllister Field Board, Yakima Air The FAA’s detailed evaluation will be Avenue, SW., Washington, DC 20591. FOR FURTHER INFORMATION CONTACT: Mr. Terminal—McAllister Field, Yakima, conducted under the provisions of 14 WA CFR part 150, section 150.33. The Stephen P. Creamer, Executive Director, primary considerations in the ATPAC, System Operations and Safety, AGENCY: Federal Aviation evaluation process are whether the 800 Independence Avenue, SW., Administration (FAA), DOT. proposed measures may reduce the level Washington, DC 20591, telephone (202) ACTION: Notice of intent to rule on of aviation safety, create an undue 267–9205. application. burden on interstate or foreign SUPPLEMENTARY INFORMATION: Pursuant commerce, or be reasonably consistent to section 10(a)(2) of the Federal SUMMARY: The FAA proposes to rule and with obtaining the goal of reducing Advisory Committee Act (Pub. L. 92– invites public comment on the existing noncompatible land uses and 463; 5 U.S.C. App. 2), notice is hereby application to impose and use, PFC preventing the introduction of give of a meeting of the ATPAC to be revenue at Yakima Air Terminal— additional noncompatible land uses. held Monday, April 18, 2005 from 1 McAllister Field under the provisions of Interested persons are invited to p.m. to 4:30 p.m., Tuesday, April 19, 49 U.S.C. 40117 and part 158 of the comment on the proposed program with 2005 from 9 a.m. to 4:30 p.m., and Federal Aviation Regulations (14 CFR specific reference to these factors. All Wednesday, April 20, 2005 from 9 a.m. part 158). comments, other than those properly to 4:30 p.m. DATES: Comments must be received on addressed to local land use authorities, The agenda for this meeting will or before March 21, 2005. will be considered by the FAA to the cover: a continuation of the Committee’s ADDRESSES: Comments on this extent practicable. Copies of the notice review of present air traffic control application may be mailed or delivered exposure maps, the FAA’s evaluation of procedures and practices for in triplicate to the FAA at the following the maps, and the proposed noise standardization, clarification, and address: Mr. J. Wade Bryant, Manager; compatibility program are available for upgrading of terminology and Seattle Airports District Office, SEA– examination at the following locations: procedures. It will also include: ADO; Federal Aviation Administration; Federal Aviation Administration, 1. Approval of Minutes. 1601 Lind Avenue SW., Suite 250, Airports Division, 2601 Meacham 2. Submission and Discussion of Renton, Washington 98055–4056. Boulevard, Forth Worth, Texas 76137. Areas of Concern. In addition, one copy of any Austin-Bergstrom International Airport, 3. Discussion of Potential Safety comments submitted to the FAA must City of Austin, Aviation Department, Items. be mailed or delivered to Mr. Jerry 3600 Presidential Blvd., Austin, Texas 4. Report from Executive Director. Kilpatrick, Assistant Airport Manager, at 78719. 5. Items of Interest. the following address: 2400 West
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8426 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Washington Avenue, Yakima, WA and other documents germane to the Company—Petition for Declaratory 98903. application in person at the Yakima Air Order. Air Carriers and foreign air carriers Terminal—McAllister Field. STB Docket No. MC–F–21010, Atlas may submit copies of written comments Issued in Renton, Washington on February Van Lines, Inc., et al.—Pooling previously provided to Yakima Air 10, 2005. Agreement. Terminal—McAllister Field, under David A. Field, STB Docket No. AB–512X, Sierra section 158.23 of part 158. Pacific Industries—Abandonment Manager, Planning, Programming and FOR FURTHER INFORMATION CONTACT: Ms. Capacity Branch, Northwest Mountain Exemption-—in Amador County, CA. Suzanne Lee-Pang, (425) 227–2654, Region. Embraced Case: STB Docket No. AB– Seattle Airports District Office, SEA– [FR Doc. 05–3114 Filed 2–17–05; 8:45 am] 880X, SierraPine—Discontinuance ADO; Federal Aviation Administration; Exemption—in Amador County, CA. BILLING CODE 4910–13–M 1601 Lind Avenue SW., Suite 250, STB Finance Docket No. 34417 (Sub- Renton, Washington 98055–4056. The No. 3), Union Pacific Railroad application may be reviewed in person DEPARTMENT OF TRANSPORTATION Company—Temporary Trackage Rights at this same location. Exemption—BNSF Railway Company. SUPPLEMENTARY INFORMATION: The FAA Surface Transportation Board CONTACT PERSON FOR MORE INFORMATION: proposes to rule and invites public A. Dennis Watson, Office of comment on the application 05–09–C– [Ex Parte No. 333] Congressional and Public Services, 00–YKM to impose and use, PFC Telephone: (202) 565–1596 FIRS: 1– revenue at Yakima Air Terminal— Sunshine Act Meeting 800–877–8339. McAllister Field, under the provisions Dated: February 15, 2005. of 49 U.S.C. 40117 and part 158 of the TIME AND DATE: 9:30 a.m., February 23, Vernon A. Williams, Federal Aviation Regulations (14 CFR 2005. part 158). PLACE: The Board’s Hearing Room, Secretary. On February 10, 2005, the FAA Surface Transportation Board, 1925 K [FR Doc. 05–3343 Filed 2–16–05; 12:45 pm] determined that the application to Street, NW., Washington, DC 20423. BILLING CODE 4915–01–P impose and use the revenue from a PFC STATUS: The Board will meet to discuss submitted by Yakima Air Terminal— among themselves the following agenda DEPARTMENT OF TRANSPORTATION McAllister Field, Yakima, Washington, items. Although the conference is open was substantially complete within the for public observation, no public Surface Transportation Board requirements of section 158.25 of part participation is permitted. 158. The FAA will approve or MATTERS TO BE CONSIDERED: STB [STB Finance Docket No. 34659] disapprove the application, in whole or Finance Docket No. 33388 (Sub-No. 91), South Buffalo Railway Company— in part, no later than May 18, 2005. CSX Corporation and CSX The following is a brief overview of Trackage Rights Exemption—Buffalo & Transportation, Inc., Norfolk Southern Pittsburgh Railroad, Inc. the application. Corporation and Norfolk Southern Level of the proposed PFC: $3.00. Railway Company—Control and Buffalo & Pittsburgh Railroad, Inc. Proposed charge effective date: March Operating Leases/Agreements—Conrail (BPRR), has agreed to grant overhead 1, 2005. Proposed charge expiration date: Inc. and Consolidated Rail Corporation trackage rights to South Buffalo Railway October 1, 2006. [General Oversight]. Company (SB) over BPRR’s line of Total requested for use approval: STB Finance Docket No. 34501, James railroad on or near the Buffalo City line $198,184. Riffin d/b/a The Northern Central up to (but not including) the Control Brief description of proposed project: Railroad—Acquisition and Operation Point Draw Bridge, in the City of Construct West GA//Air Freight Ramp; Exemption—in York County, PA. Buffalo, Erie County, NY,1 a total Purchase Aircraft Rescue and Fire Embraced Case: STB Finance Docket distance of approximately 2 miles.2 Fighting (ARFF) vechile; Develop Sign No. 34552, James Riffin d/b/a The The transaction was scheduled to be and Marking Plan; Develop Wildlife Northern Central Railroad—Petition for consummated on or after the February 7, Management Plan; Relocate Runway Declaratory Order. 2005 effective date of the exemption. Hold Position Sign on ‘‘C’’ Taxiway; STB Finance Docket No. 34612, The purpose of the trackage rights is Pavement Maintenance Program; Boston and Maine Corporation and to allow SB to continue to interchange Obstruction Removal Project. Springfield Terminal Railway Company with BPRR and other carriers accessible Class or classes of air carriers which v. New England Central Railroad, Inc. from the line. the public agency has requested not be STB Finance Docket No. 34608, Ohio As a condition to this exemption, any required to collect PFC’s: Air taxi/ Valley Railroad Company—Petition to employees affected by the trackage commercial operators who emplane less Restore Switch Connection and Other rights will be protected by the than 1% of total boardings. Relief. conditions imposed in Norfolk and Any person may inspect the STB Finance Docket No. 34486, Ohio Western Ry. Co.—Trackage Rights—BN, application in person at the FAA office Valley Railroad Company—Acquisition 354 I.C.C. 605 (1978), as modified in listed above under FOR FURTHER and Operation Exemption—Harwood INFORMATION CONTACT and at the FAA Properties, Inc. 1 In a related proceeding, Buffalo & Pittsburgh Regional Airports Office located at: STB Finance Docket No. 34518, Railroad, Inc.—Lease and Operation Exemption— South Buffalo Railway Company, STB Finance Federal Aviation Administration, Central Illinois Railroad Company— Docket No. 34563 (STB served Dec. 23, 2004), BPRR Northwest Mountain Region, Airports Operation Exemption—Rail Line of the was authorized to lease from its affiliate SB and Division, ANM–600, 1601 Lind Avenue City of Peoria and the Village of Peoria operate the subject line. In that petition, the line SW., Suite 315, Renton, WA 98055– Heights in Peoria and Peoria Heights, was described as extending between approximately milepost 0.0 and approximately milepost 2.0. 4056. Peoria County, IL. 2 On February 3, 2005, SB filed a copy of the In addition, any person may, upon Embraced Case: STB Finance Docket Amended and Restated Trackage Rights Agreement request, inspect the application, notice No. 34636, Pioneer Industrial Railway between SB and BPRR.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8427
Mendocino Coast Ry., Inc.—Lease and of TAP consider a written statement, because we are always interested in Operate, 360 I.C.C. 653 (1980). please call 1–888–912–1227 or 414– community input, we will accept public This notice is filed under 49 CFR 297–1611, or write Barbara Toy, TAP comments. Please contact Mary Ann 1180.2(d)(7). If it contains false or Office, MS–1006–MIL, 310 West Delzer at 1–888–912–1227 or (414) 297– misleading information, the exemption Wisconsin Avenue, Milwaukee, WI 1604 for additional information. is void ab initio. Petitions to revoke the 53203–2221, or FAX to 414–297–1623, The agenda will include the exemption under 49 U.S.C. 10502(d) or you can contact us at http:// following: Various IRS issues. may be filed at any time. The filing of www.improveirs.org. Due to limited a petition to revoke will not conference lines, notification of intent Dated: February 14, 2005. automatically stay the transaction. to participate in the telephone Bernard Coston, An original and 10 copies of all conference call meeting must be made Director, Taxpayer Advocacy Panel. pleadings, referring to STB Finance with Barbara Toy. Ms. Toy can be [FR Doc. 05–3218 Filed 2–17–05; 8:45 am] Docket No. 34659, must be filed with reached at 1–888–912–1227 or 414– BILLING CODE 4830–01–P the Surface Transportation Board, 1925 297–1611, or by FAX at 414–297–1623. K Street, NW., Washington, DC 20423– The agenda will include the 0001. In addition, a copy of each following: monthly committee summary DEPARTMENT OF THE TREASURY pleading must be served on Rose- report, discussion of issues brought to Michele Weinryb, Weiner Brodsky the joint committee, office report, and Internal Revenue Service Sidman Kider PC, Fifth Floor, 1300 19th discussion of next meeting. Open Meeting of the Area 2 Taxpayer Street, NW., Washington, DC 20036– Dated: February 14, 2005. 1609. Advocacy Panel (Including the States Bernard Coston, Board decisions and notices are of Delaware, North Carolina, South available on our Web site at http:// Director, Taxpayer Advocacy Panel. Carolina, New Jersey, Maryland, www.stb.dot.gov. [FR Doc. 05–3217 Filed 2–17–05; 8:45 am] Pennsylvania, Virginia, W. Virginia and BILLING CODE 4830–01–P the District of Columbia) Decided: February 11, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. AGENCY: Internal Revenue Service (IRS), DEPARTMENT OF THE TREASURY Treasury. Vernon A. Williams, Secretary. Internal Revenue Service ACTION: Notice. [FR Doc. 05–3170 Filed 2–17–05; 8:45 am] BILLING CODE 4915–01–P Open Meeting of the Area 5 Taxpayer SUMMARY: An open meeting of the Area Advocacy Panel (Including the States 2 Taxpayer Advocacy Panel will be of Iowa, Kansas, Minnesota, Missouri, conducted (via teleconference). The DEPARTMENT OF THE TREASURY Nebraska, Oklahoma, and Texas) Taxpayer Advocacy Panel is soliciting AGENCY: Internal Revenue Service (IRS) public comments, ideas, and Internal Revenue Service Treasury. suggestions on improving customer service at the Internal Revenue Service. Open Meeting of the Joint Committee ACTION: Notice. of the Taxpayer Advocacy Panel DATES: The meeting will be held SUMMARY: An open meeting of the Area Tuesday, March 15, 2005, from 1:30 AGENCY: Internal Revenue Service (IRS) 5 Taxpayer Advocacy Panel will be p.m. to 3 p.m. e.t. Treasury. conducted. The Taxpayer Advocacy FOR FURTHER INFORMATION CONTACT: Inez ACTION: Notice. Panel is soliciting public comment, ideas, and suggestions on improving E. De Jesus at 1–888–912–1227, or 954– SUMMARY: An open meeting of the Joint customer service at the Internal Revenue 423–7977. Committee of the Taxpayer Advocacy Service. SUPPLEMENTARY INFORMATION: Notice is Panel will be conducted via DATES: The meeting will be held hereby given pursuant to section teleconference. The Taxpayer Advocacy Monday, March 14, 2005, at 2 p.m. 10(a)(2) of the Federal Advisory Panel is soliciting public comment, Central Time. Committee Act, 5 U.S.C. App. (1988) ideas, and suggestions on improving FOR FURTHER INFORMATION CONTACT: that an open meeting of the Area 2 customer service at the Internal Revenue Mary Ann Delzer at 1–888–912–1227, or Taxpayer Advocacy Panel will be held Service. (414) 297–1604. Tuesday, March 15, 2005 from 1:30 p.m. DATES: The meeting will be held SUPPLEMENTARY INFORMATION: Notice is to 3 p.m. ET via a telephone conference Wednesday, March 16, 2005, at 1 p.m., hereby given pursuant to section call. If you would like to have the TAP Eastern Time. 10(a)(2) of the Federal Advisory consider a written statement, please call FOR FURTHER INFORMATION CONTACT: Committee Act, 5 U.S.C. App. (1988) 1–888–912–1227 or 954–423–7977, or Barbara Toy at 1–888–912–1227, or that a meeting of the Area 5 Taxpayer write Inez E. De Jesus, TAP Office, 1000 414–297–1611. Advocacy Panel will be held Monday, South Pine Island Rd., Suite 340, SUPPLEMENTARY INFORMATION: Notice is March 14, 2005, at 2 p.m. Central Time Plantation, FL 33324. Due to limited hereby given pursuant to section via a telephone conference call. You can conference lines, notification of intent 10(a)(2) of the Federal Advisory submit written comments to the panel to participate in the telephone Committee Act, 5 U.S.C. App. (1988) by faxing to (414) 297–1623, or by mail conference call meeting must be made that an open meeting of the Joint to Taxpayer Advocacy Panel, with Inez E. De Jesus. Ms. De Jesus can Committee of the Taxpayer Advocacy Stop1006MIL, 310 West Wisconsin be reached at 1–888–912–1227 or 954– Panel (TAP) will be held Wednesday, Avenue, Milwaukee, WI 53203–2221, or 423–7977, or post comments to the Web March 16, 2005, at 1 p.m. Eastern time you can contact us at http:// site: http://www.improveirs.org. via a telephone conference call. If you www.improveirs.org. This meeting is not The agenda will include the would like to have the Joint Committee required to be open to the public, but following: Various IRS issues.
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8428 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Dated: February 14, 2005. The proposed guidance identified the occasional overdraft on a case-by-case Martha Curry, historical and traditional approaches to basis. Commenters also addressed the Acting Director, Taxpayer Advocacy Panel. providing consumers with protection three specific sections of the proposed [FR Doc. 05–3219 Filed 2–17–05; 8:45 am] against account overdrafts and guidance. In regard to the Safety and Soundness BILLING CODE 4830–01–P contrasted these approaches with the more recent overdraft protection section, for example, many industry programs that are marketed to commenters suggested extending the DEPARTMENT OF THE TREASURY consumers. The Agencies also identified charge-off period from 30 days to either some of the existing and potential 45 or 60 days because they believed a Office of Thrift Supervision concerns surrounding the offering and longer charge-off period would provide administration of such overdraft consumers with more time to repay [No. 2005–05] protection programs that have been overdrafts and avoid being reported to Guidance on Overdraft Protection identified by Federal and State bank credit bureaus as delinquent on their Programs regulatory agencies, consumer groups, accounts. Comments were also received financial institutions, and their trade addressing technical reporting and AGENCY: Office of Thrift Supervision, representatives. accounting issues. Treasury (OTS). In response to these concerns, the The Agencies received numerous ACTION: Final guidance. Agencies provided proposed guidance comments regarding the Legal Risks in three primary sections: Safety and section, particularly the Truth in SUMMARY: OTS is issuing this final Soundness Considerations, Legal Risks, Lending Act (TILA) and Equal Credit Guidance on Overdraft Protection and Best Practices. In the section on Opportunity Act (ECOA) discussions. Programs (Guidance). This Guidance is Safety and Soundness Considerations, For instance, many consumers and intended to assist savings associations the Agencies wanted to ensure that consumer group comments stated that in the responsible disclosure and financial institutions offering overdraft overdraft protection should be administration of overdraft protection protection services adopt adequate considered credit covered by TILA’s services. policies and procedures to address the disclosures and other required DATES: This Guidance is effective risks associated with these services. The protections. They likened the product to February 18, 2005. Legal Risks section of the proposed payday lending, which is covered by guidance outlined several federal TILA. Many industry commenters FOR FURTHER INFORMATION CONTACT: consumer compliance laws, generally argued against the coverage of overdraft Maurice McClung, Program Manager, alerted institutions offering overdraft programs by TILA and the Board’s Market Conduct, Thrift Policy, (202) protection services of the need to Regulation Z, and urged that the 906–6182; Richard Bennett, Counsel, comply with all applicable Federal and payment of overdrafts does not involve Regulations and Legislation Division, State laws, and advised institutions to credit and finance charges requiring the (202) 906–7409, Office of Thrift have their overdraft protection programs disclosures and protections afforded by Supervision, 1700 G Street, NW., reviewed by legal counsel to ensure this body of law. Washington, DC 20552. overall compliance prior to Lastly, many commenters offered SUPPLEMENTARY INFORMATION: implementation. Finally, the proposed specific criticisms or recommended I. Background guidance set forth Best Practices that edits with respect to particular Best serve as positive examples of practices Practices identified in the proposal. OTS has developed this final that are currently observed in, or Several industry commenters sought Guidance after careful consideration of recommended by, the industry. Broadly, general clarification of whether comments received on the proposed these Best Practices address the examiners would treat the Best Practices Interagency Guidance on Overdraft marketing and communications that as law or rules when examining Protection Programs, 69 FR 31858 (June accompany the offering of overdraft institutions offering overdraft protection 7, 2004) (proposed guidance) issued by protection services, as well as the services. the Federal Financial Institution disclosure and operation, of program III. Final Guidance Examination Council (FFIEC) agencies, features. i.e., the Office of the Comptroller of the The Agencies received a total of over This final Guidance incorporates Currency (OCC), Board of Governors of 320 comment letters in response to the changes made by OTS to provide clarity the Federal Reserve System (Board), proposed guidance. Comment letters and address many commenter concerns. Federal Deposit Insurance Corporation were received from depository Language has been added to clarify the (FDIC), and National Credit Union institutions, trade associations, vendors scope of the Guidance. The Safety and Administration (NCUA). It addresses a offering overdraft protection products, Soundness section expressly states that service offered by insured depository and other industry representatives, as it applies to all methods of covering institutions commonly referred to as well as government officials, consumer overdrafts. The introduction to the Best ‘‘bounced-check protection’’ or and community groups, and individual Practices section clarifies that while ‘‘overdraft protection.’’ This service is consumers. OTS is concerned about promoted sometimes offered to transaction overdraft protection programs, the Best account customers as an alternative to II. Overview of Public Comments Practices may also be useful for other traditional ways of covering overdrafts The Agencies received comments that methods of covering overdrafts. (e.g., overdraft lines of credit or linked addressed broad aspects of the proposed In response to the comments accounts). While both the availability guidance, as well as its specific regarding the Safety and Soundness and customer acceptance of these provisions. Many industry commenters, section, OTS now indicates that overdraft protection services have for instance, were concerned about the overdraft balances, including increased, aspects of the marketing, overall scope of the proposed guidance uncollected fees, should generally be disclosure, and implementation of some and whether it would apply to financial written off when considered of these programs have raised concerns institutions that do not offer bounce uncollectible, but no later than 60 days for OTS. protection programs but do cover the from the date first overdrawn. This OTS
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8429
Guidance does not address whether trigger an overdraft fee and is given an over time, those currently offered by overdrafts are credit because OTS opportunity to cancel the transaction. If institutions incorporate some or all of believes that some ‘‘bounce protection’’ this is not feasible for a particular type the following characteristics: programs are provided to customers as of transaction, the savings association • Institutions inform consumers that a fee for service rather than an extension should allow consumers the choice to overdraft protection is a feature of their of credit. Other overdraft plans, make access to the overdraft protection accounts and advertise the use of the particularly those where the savings program unavailable by transaction service. association performs a credit check on type. • Coverage is automatic for the borrower, provide a period of time For savings associations interested in consumers who meet the institution’s to repay the overdraft, and charge further reading on the subject of best criteria (e.g., account has been open a interest based on the amount and time practices, OTS recommends an certain number of days, deposits are the overdraft is outstanding, are loans. American Bankers Association made regularly). Typically, the It is not within the scope of this publication entitled, ‘‘Overdraft institution performs no credit Guidance to make a determination of Protection: A Guide for Bankers.’’ underwriting. whether any particular overdraft The text of the OTS Guidance on • Overdrafts generally are paid up to program is credit. Other technical edits Overdraft Protection Programs follows: the aggregate limit set by the institution for the specific class of accounts, have been made to further clarify OTS Guidance on Overdraft Protection typically $100 to $500. reporting and accounting aspects of this Programs section of the Guidance. • Institutions with an express This OTS Guidance has eliminated The Office of Thrift Supervision aggregate ‘‘dollar limit’’ inform the discussion of Legal Risks. This (OTS) is issuing this guidance consumers of their limit under the section engendered substantial concerning a service offered by savings program. comment and controversy, particularly associations that is commonly referred • Many program disclosures state that over whether overdrafts are credit for to as ‘‘bounced-check protection’’ or payment of an overdraft is discretionary purposes of TILA and Regulation Z. ‘‘overdraft protection.’’ This service is on the part of the institution and may OTS reminds savings associations, sometimes offered on both consumer disclaim any legal obligation of the however, that overdraft protection and small business transaction accounts institution to pay any overdraft. programs must comply with all as an alternative to traditional ways of • The service may extend to check applicable Federal laws and regulations. covering overdrafts. This guidance is transactions as well as other It is important that savings associations intended to assist savings associations transactions, such as withdrawals at have their overdraft protection programs in the responsible disclosure and automated teller machines (ATMs), reviewed by counsel for compliance administration of overdraft protection transactions using debit cards, pre- with all applicable laws prior to services, particularly those that are authorized automatic debits from a implementation. As these laws and marketed to consumers. consumer’s account, telephone-initiated regulations are subject to amendment, funds transfers, and on-line banking Introduction savings associations are reminded to transactions. monitor applicable laws and regulations To protect against account overdrafts, • A flat fee is charged each time the for revisions and to ensure that their some consumers obtain an overdraft line service is triggered and an overdraft overdraft protection programs are fully of credit, which is subject to the item is paid. Commonly, a fee in the compliant with them. disclosure requirements of the Truth in same amount would be charged even if Lastly, OTS reaffirms that the Best Lending Act (TILA). If a consumer does the overdraft item were not paid. A Practices are practices that have been not have an overdraft line of credit, the daily fee also may apply for each day recommended or implemented by institution typically returns the check as the account remains overdrawn. financial institutions and others, as well unpaid and charges the consumer a • Some institutions offer closed-end as practices that may otherwise be nonsufficient funds or ‘‘NSF’’ fee. Some loans to consumers who do not bring required by applicable law. The Best institutions may accommodate the their accounts to a positive balance Practices, or principles within them, are consumer and pay overdrafts on a within a specified time period. These enforceable to the extent they are discretionary, ad-hoc basis. Regardless repayment plans allow consumers to required by other federal statutes and of whether the overdraft is paid, repay their overdrafts and fees in regulations. The final Guidance institutions typically charge the NSF fee installments. explicitly states that while OTS is when an overdraft occurs. Over the particularly concerned about promoted years, this accommodation has become Concerns overdraft protection programs, the Best automated by many institutions. Aspects of the marketing, disclosure, Practices may also be useful for other Historically, institutions have not and implementation of some overdraft methods of covering overdrafts. OTS promoted this accommodation. This protection programs are of concern to also revised or shortened numerous Best approach has not raised significant OTS. For example, some institutions Practices for clarity, in response to supervisory concerns. have promoted this service in a manner particular commenter suggestions. More recently, some depository that leads consumers to believe that it OTS’s Best Practices depart from institutions have offered ‘‘overdraft is a line of credit by informing them that those in the proposed guidance issued protection’’ programs that, unlike the their account includes an overdraft by the FFIEC agencies in a few respects. discretionary accommodation protection limit of a specified dollar OTS’s Best Practices include not traditionally provided to those lacking a amount without clearly disclosing the manipulating transaction-clearing line of credit or other type of overdraft terms and conditions of the service, (including, but not limited to, check- service (e.g., linked accounts), are including how fees reduce overdraft clearing rules and batch debit marketed to consumers essentially as a protection dollar limits and how the processing) to inflate fees and not convenience or fee for service program. service differs from a line of credit. allowing consumers to access overdraft While the specific details of overdraft In addition, some institutions have amounts unless the consumer is protection programs vary from adopted marketing practices that appear informed that the transaction will institution to institution and also vary to encourage consumers to overdraw
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8430 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
their accounts, such as by informing adopt written policies and procedures OTS expects all savings associations to consumers that the service may be used adequate to address the operational, and adopt rigorous loss estimation processes to routinely overdraw their accounts, other risks associated with these types to ensure that overdraft fee income is with little or no analysis of the of programs. Prudent risk management accurately measured. Such methods consumer’s creditworthiness. These practices include the establishment of may include providing loss allowances overdraft protection programs may be express account eligibility standards for uncollectible amounts or fees or, promoted in a manner that leads and well-defined and properly alternatively, only recognizing that consumers to believe that overdrafts documented dollar limit decisions and portion of earned fees estimated to be will always be paid when, in reality, the other criteria. Savings associations also collectible. institution reserves the right not to pay should monitor these accounts on an Savings associations entering into some overdrafts. Some institutions may ongoing basis and be able to identify overdraft protection contracts with advertise accounts with overdraft consumers who do not manage their third-party vendors must conduct protection coverage as ‘‘free’’ accounts accounts in a satisfactory manner. thorough due diligence reviews prior to and thereby lead consumers to believe Overdraft protection programs should signing a contract. The interagency that there are no fees associated with the be administered and adjusted, as guidance contained in the Outsourcing account or the overdraft protection needed, to ensure that the performance Technology Services Booklet part of the program. of such programs is satisfactory and in FFIEC’s IT Examination Handbook, Furthermore, institutions may not line with expectations. This may outlines OTS’s expectations for prudent clearly disclose that the program may include, where appropriate, practices in this area. See also OTS CEO cover instances when consumers disqualification of a consumer from Memorandum #201 (July 15, 2004), overdraw their accounts by means other future overdraft protection. Reports available at http://www.ots.treas.gov/ than check, such as at ATMs and point- sufficient to enable management to docs/2/25201.pdf. of-sale (POS) terminals. Some identify, measure, and manage overdraft Best Practices institutions may include overdraft volume, profitability, and performance protection amounts in the figure that should be provided to management on Clear disclosures and explanations to they disclose as the consumer’s account a regular basis. consumers of the operation, costs, and ‘‘balance’’ (for example at an ATM) Savings associations also are expected limitations of an overdraft protection without clearly distinguishing the funds to incorporate prudent risk management program and appropriate management that are available for withdrawal practices related to account repayment oversight of the program are without overdrawing the account. and suspension of overdraft protection fundamental to enabling responsible use Where the institution knows that the services. These include the of overdraft protection. Such disclosures transaction will trigger an overdraft fee, establishment of specific timeframes for and oversight can also minimize such as at a proprietary ATM, when consumers must pay off their potential consumer confusion and institutions also may not alert the overdraft balances. For example, savings complaints, foster good customer consumer prior to the completion of the associations should have established relations, and reduce credit, legal, and transaction to allow the consumer to procedures for the suspension of other potential risks to the savings cancel the transaction before the fee is overdraft services when the account association. Savings associations that triggered. holder no longer meets the eligibility establish overdraft protection programs Savings associations should carefully criteria (such as when the account should, as applicable, take into weigh the risks presented by the holder has declared bankruptcy or consideration the following Best programs. Further, savings associations defaulted on a loan at the savings Practices, many of which have been should carefully review their programs association) as well as for when there is recommended or implemented by to ensure that marketing and other a lack of timely repayment of an financial institutions and others, as well communications concerning the overdraft. In addition, overdraft as practices that may otherwise be programs do not mislead consumers to balances, including uncollected fees, required by applicable law. While OTS believe that the program is a traditional should generally be written off when is concerned about promoted overdraft line of credit or that payment of considered uncollectible, but no later protection programs, the Best Practices overdrafts is guaranteed, do not mislead than 60 days from the date first may also be useful for other methods of consumers about their account balance overdrawn. covering overdrafts. These Best or the costs and scope of the overdraft Some overdrafts are rewritten as loan Practices currently observed in or protection offered, and do not encourage obligations in accordance with an recommended by the industry include: irresponsible consumer financial institution’s loan policy and supported Marketing and Communications With behavior or other behavior that by a documented assessment of that Consumers potentially may unacceptably increase consumer’s ability to repay. In those risk to the savings association. instances, the overdraft is considered a • Avoid promoting poor account loan and the delinquency and charge-off management. Savings associations Safety & Soundness Considerations timeframes described in the FFIEC should not market the program in a Overdraft protection programs may Uniform Retail Credit Classification and manner that encourages routine or expose an institution to a higher level of Account Management Policy apply. See intentional overdrafts; rather present the nonpayment than traditional line of also OTS CEO Memorandum #128 (July program as a customer service that may credit programs where the institution 27, 2000) (‘‘Revised Uniform Retail cover inadvertent consumer overdrafts. has performed appropriate credit Credit and Account Management • Fairly represent overdraft underwriting. All overdrafts, whether or Policy’’), available at http:// protection programs and alternatives. not subject to an overdraft protection www.ots.treas.gov/docs/2/25128.pdf. When informing consumers about an program, are subject to the safety and With respect to the reporting of overdraft protection program, inform soundness considerations contained in income and loss recognition on consumers generally of other overdraft this section. overdraft protection programs, savings services or credit products, if any, that Savings associations providing associations should follow generally are available at the savings association overdraft protection programs should accepted accounting principles (GAAP). and how the terms, including fees, for
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8431
these services or products differ. administered unfairly or manipulated to account balance. The disclosure should Identify for consumers the inflate fees. instead represent the consumer’s own consequences of extensively using the • Explain the impact of transaction- funds available without the overdraft overdraft protection program. clearing policies. Clearly explain to protection funds included. If more than • Train staff to explain program consumers that transactions may not be one balance is provided, separately (and features and other choices. Train processed in the order in which they prominently) identify the balance customer service or consumer complaint occurred and that the order in which without the inclusion of overdraft processing staff to explain their they are received by the savings protection. overdraft protection program’s features, association and processed can affect the • Promptly notify consumers of costs, and terms, including how to opt total amount of overdraft fees incurred overdraft protection program usage each out of the service. Staff also should be by the consumer. Savings associations time used. In addition to any alert at the able to explain other available overdraft should also clearly disclose rules for time of transaction, promptly notify products offered by the savings processing and clearing transactions. consumers when overdraft protection association and how consumers may • Illustrate the type of transactions has been accessed, for example, by qualify for them. covered. Clearly disclose that overdraft sending a notice to consumers the day • Clearly explain the discretionary protection fees may be imposed on the overdraft protection program has nature of program. If payment of an transactions such as ATM withdrawals, been accessed. The notification should overdraft is discretionary, make this debit card transactions, preauthorized identify the date of the transaction, the clear. Savings associations should not automatic debits, telephone-initiated type of transaction, the overdraft represent that the payment of overdrafts transfers, or other electronic transfers, if amount, the fee associated with the is guaranteed or assured if the savings applicable, to avoid implying that check overdraft, the amount necessary to association retains discretion not to pay transactions are the only transactions return the account to a positive balance, an overdraft. covered. the amount of time consumers have to • Distinguish overdraft protection return their accounts to a positive Program Features and Operation services from ‘‘free’’ account features. balance, and the consequences of not Savings associations should not • Provide election or opt-out of returning the account to a positive promote ‘‘free’’ accounts and overdraft service. Obtain affirmative consent of balance within the given timeframe. protection services in the same consumers to receive overdraft Notify consumers if the savings advertisement in a manner that suggests protection. Alternatively, where association terminates or suspends the the overdraft protection service is free of overdraft protection is automatically consumer’s access to the service, for charges. provided, permit consumers to ‘‘opt example, if the consumer is no longer in • Clearly disclose program fees. In out’’ of the overdraft program and good standing. communications about overdraft provide a clear consumer disclosure of • Consider daily limits on fees protection programs, clearly disclose the this option. imposed. Consider providing a daily cap dollar amount of the fee for each • Alert consumers before a on overdraft fees charged against any overdraft and any interest rate or other transaction triggers any fees. When one account, while continuing to fees that may apply. For example, rather consumers attempt to withdraw, provide coverage for overdrafts up to the than merely stating that the savings transfer, or otherwise access funds made overdraft limit. association’s standard NSF fee will available through an overdraft • Monitor overdraft protection apply, savings associations should protection program (other than by program usage. Monitor excessive restate the dollar amount of any check), savings associations should alert consumer usage, which may indicate a applicable fees or interest charges. consumers that completing the need for alternative arrangements or • Clarify that fees count against the transaction will trigger an overdraft other services and inform consumers of disclosed overdraft protection dollar protection fee. Savings associations these available options. limit. Consumers should be alerted that should also give consumers an • Fairly report program usage. the fees charged for covering overdrafts, opportunity to cancel the attempted Savings associations should not report as well as the amount of the overdraft transaction. If this is not feasible for a negative information to consumer item, will be subtracted from any particular type of transaction, then reporting agencies when the overdrafts overdraft protection limit disclosed. savings associations should allow are paid under the terms of overdraft • Demonstrate when multiple fees consumers the choice to make access to protection programs that have been will be charged. If promoting an the overdraft protection program promoted by the savings association. overdraft protection program, clearly unavailable by transaction type, even if This concludes the text of the OTS disclose that more than one overdraft it results in limiting access to the Guidance on Overdraft Protection fee may be charged against the account overdraft protection amount only to Programs. per day, depending on the number of check transactions. Dated: February 15, 2005. checks presented and other withdrawals • Prominently distinguish balances made from the consumer’s account. from overdraft protection funds By the Office of Thrift Supervision • Do not manipulate transaction- availability. When disclosing a single James E. Gilleran, clearing rules. Transaction-clearing balance for an account by any means, Director. rules (including check-clearing and savings associations should not include [FR Doc. 05–3195 Filed 2–17–05; 8:45 am] batch debit processing) should not be overdraft protection funds in that BILLING CODE 6720–01–P
VerDate jul<14>2003 15:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1 8432
Corrections Federal Register Vol. 70, No. 33
Friday, February 18, 2005
This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION February 10, 2005, make the following contains editorial corrections of previously corrections: published Presidential, Rule, Proposed Rule, Federal Aviation Administration 1. On page 7021, in the third column, and Notice documents. These corrections are under the SUPPLEMENTARY prepared by the Office of the Federal 14 CFR Part 71 INFORMATION heading, in the 19th Register. Agency prepared corrections are line, ‘‘mule’’ should read ‘‘mile’’. issued as signed documents and appear in [Docket No. FAA–2005–20061; Airspace the appropriate document categories Docket No. 05–ACE–3] 2. On the same page, in the same elsewhere in the issue. column, under the same heading, in the Modification of Class E Airspace; 25th line, ‘‘7400.2ZE’’ should read Ozark, MO ‘‘7400.2E’’. Correction [FR Doc. C5–2554 Filed 2–17–05; 8:45 am] BILLING CODE 1505–01–D In rule document 05–2554 beginning on page 7021 in the issue of Thursday,
VerDate jul<14>2003 15:46 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\18FECX.SGM 18FECX Friday, February 18, 2005
Part II
Department of Housing and Urban Development Federal Property Suitable as Facilities To Assist the Homeless; Notice
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18FEN2.SGM 18FEN2 8434 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
DEPARTMENT OF HOUSING AND property is described as for ‘‘off-site use 2520; COE: Ms. Shirley Middleswarth, URBAN DEVELOPMENT only’’ recipients of the property will be Army Corps of Engineers, Civil required to relocate the building to their Division, Directorate of Real Estate, 441 [Docket No. FR–4980–N–07] own site at their own expense. G Street, NW., Washington, DC 20314– Federal Property Suitable as Facilities Homeless assistance providers 1000; (202) 761–7425; Energy: Mr. Andy To Assist the Homeless interested in any such property should Duran, Department of Energy, Office of send a written expression of interest to Engineering & Construction AGENCY: Office of the Assistant HHS, addressed to Heather Ranson, Management, ME–90, 1000 Secretary for Community Planning and Division of Property Management, Independence Ave, SW., Washington, Development, HUD. Program Support Center, HHS, room DC 20585: (202) 586–4548; GSA: Mr. ACTION: Notice. 5B–17, 5600 Fishers Lane, Rockville, Brian K. Polly, Assistant Commissioner, MD 20857; (301) 443–2265. (This is not General Services Administration, Office SUMMARY: This notice identifies a toll-free number.) HHS will mail to the of Property Disposal, 18th and F Streets, unutilized, underutilized, excess, and interested provider an application NW., Washington, DC 20405; (202) 501– surplus Federal property reviewed by packet, which will include instructions 0084; Interior: Ms. Linda Tribby, HUD for suitability for possible use to for completing the application. In order Acquisition & Property Management, assist the homeless. to maximize the opportunity to utilize a Department of the Interior, 1849 C FOR FURTHER INFORMATION CONTACT: suitable property, providers should Street, NW., MS5512, Washington, DC Kathy Ezzell, room 7266, Department of submit their written expressions of 20240; (202) 219–0728; Navy: Mr. Housing and Urban Development, 451 interest as soon as possible. For Charles C. Cocks, Department of the Seventh Street, SW., Washington, DC complete details concerning the Navy, Real Estate Policy Division, Naval 20410; telephone (202) 708–1234; TTY processing of applications, the reader is Facilities Engineering Command, number for the hearing- and speech- encouraged to refer to the interim rule Washington Navy Yard, 1322 Patterson impaired (202) 708–2565 (these governing this program, 24 CFR part Ave., SE., Suite 1000, Washington, DC telephone numbers are not toll-free), or 581. 20374–5065; (202) 685–9200; (These are call the toll-free Title V information line For properties listed as suitable/to be not toll-free numbers). at 1–800–927–7588. excess, that property may, if subsequently accepted as excess by Dated: February 10, 2005. SUPPLEMENTARY INFORMATION: In GSA, be made available for use by the Mark R. Johnston, accordance with 24 CFR part 581 and homeless in accordance with applicable Director, Office of Special Needs, Assistance section 501 of the Stewart B. McKinney law, subject to screening for other Programs. Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, Title V, Federal Surplus Property Program 11411), as amended, HUD is publishing HUD will publish the property in a Federal Register Report for 2/18/05 this Notice to identify Federal buildings Notice showing it as either suitable/ Suitable/Available Properties and other real property that HUD has available or suitable/unavailable. reviewed for suitability for use to assist For properties listed as suitable/ Buildings (by State) the homeless. The properties were unavailable, the landholding agency has Alaska reviewed using information provided to decided that the property cannot be Bldg. 00001 HUD by Federal landholding agencies declared excess or made available for Wainwright Armory regarding unutilized and underutilized use to assist the homeless, and the Wainwright Co: AK 99782– buildings and real property controlled property will not be available. Landholding Agency: Army by such agencies or by GSA regarding Properties listed as unsuitable will Property Number: 21200510055 its inventory of excess or surplus not be made available for any other Status: Excess Federal property. This notice is also purpose for 20 days from the date of this Comment: 1200 sq. ft., presence of asbestos, published in order to comply with the Notice. Homeless assistance providers most recent use—storage December 12, 1988 Court Order in interested in a review by HUD of the Arkansas National Coalition for the Homeless v. determination of unsuitability should Social Security Building Veterans Administration, No. 88–2503– call the toll free information line at 1– 405 Pecan Street OG (D.D.C.). 800–927–7588 for detailed instructions Helena Co: Phillips AR 72342– Properties reviewed are listed in this or write a letter to Mark Johnston at the Landholding Agency: GSA Notice according to the following Property Number: 54200510003 address listed at the beginning of this Status: Excess categories: Suitable/available, suitable/ Notice. Included in the request for Comment: 3010 sq. ft., most recent use— unavailable, suitable/to be excess, and review should be the property address offices unsuitable. The properties listed in the (including zip code), the date of GSA Number: 7–G–AR–0567 three suitable categories have been publication in the Federal Register, the California reviewed by the landholding agencies, landholding agency, and the property Bldg. YLL–172 and each agency has transmitted to number. Yosemite National Park HUD: (1) Its intention to make the For more information regarding Hemlock Bldg. property available for use to assist the particular properties identified in this Yosemite Co: Mariposa CA 95389– homeless, (2) its intention to declare the notice (i.e., acreage, floor plan, existing Landholding Agency: Interior property excess to the agency’s needs, or sanitary facilities, exact street address), Property Number: 61200420012 (3) a statement of the reasons that the providers should contact the Status: Unutilized property cannot be declared excess or appropriate landholding agencies at the Comment: 7020 sq. ft. motel, off-site use only made available for use as facilities to following addresses: Army: Ms. Audrey Bldg. YLL–174 assist the homeless. C. Ormerod, Department of the Army, Yosemite National Park Alder Motel Properties listed as suitable/available Office of the Assistant Chief of Staff for Yosemite Co: Mariposa CA 95389– will be available exclusively for Installation Management, Attn: DAIM– Landholding Agency: Interior homeless use for a period of 60 days MD, Room 1E677, 600 Army Pentagon, Property Number: 61200420013 from the date of this Notice. Where Washington, DC 20310–0600; (703) 601– Status: Unutilized
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8435
Comment: 7020 sq. ft. motel, off-site use only use—housing/classroom/training/medical/ Comment: 15,005 sq ft. cinder block, Bldg. 180 recreation, historic potential presence of asbestos/lead paint, major Yosemite National Park GSA Number: 4–L–FL–0967B rehab, off-site use only Birch Motel Georgia Iowa Yosemite Co: Mariposa CA 95389– Bldg. 01133 Bldg. 00691 Landholding Agency: Interior Hunter Army Airfield Iowa Army Ammo Plant Property Number: 61200420014 Chatham Co: GA 31409– Middletown Co: Des Moines IA 52638– Status: Unutilized Landholding Agency: Army Landholding Agency: Army Comment: 3010 sq. ft. motel, off-site use only Property Number: 21200510062 Property Number: 21200510073 Bldg. YLS–002 Status: Excess Status: Unutilized Yosemite National Park Comment: 1024 sq. ft., most recent use— Comment: 2581 sq. ft. residence, presence of Yosemite Lodge storage, off-site use only lead paint, possible asbestos Mariposa Co: CA 95389– Bldg. 00924 Landholding Agency: Interior Fed Bldg/Courthouse 350 W 6th Street Fort Stewart Property Number: 61200430021 Dubuque IA 52001– Ft. Stewart Co: Liberty GA 31314– Status: Unutilized Landholding Agency: GSA Landholding Agency: Army Comment: 1000 sq. ft., most recent use—bike Property Number: 54200330014 Property Number: 21200510065 storage, off-site use only Status: Excess Status: Excess Comment: 80,762 sq. ft., needs repair, tenants Bldg. YLS–003 Comment: 9360 sq. ft., most recent use— to relocate, most recent use—office, Yosemite National Park warehouse, off-site use only historic covenants Yosemite Lodge GSA Number: 7–G–IA–0495–1 Mariposa Co: CA 95389– Bldg. 07780 Landholding Agency: Interior Fort Stewart Federal Bldg/Courthouse Property Number: 61200430022 Ft. Stewart Co: Liberty GA 31314– 205 S. 8th Street Status: Unutilized Landholding Agency: Army Fort Dodge Co: Webster IA 50501– Comment: 1000 sq. ft., most recent use— Property Number: 21200510070 Landholding Agency: GSA storage, off-site use only Status: Excess Property Number: 54200510005 Comment: 1344 sq. ft., most recent use—air Status: Excess Bldg. YLV–007 field ops., off-site use only Comment: 88,662 sq. ft., possible asbestos/ Yosemite National Park lead paint, estimated $3.5 million in Yosemite Lodge Hawaii repairs, 40% occupied by Federal tenants Mariposa Co: CA 95389– Bldg. S180 for 2 years Landholding Agency: Interior Naval Station, Ford Island GSA Number: 7–G–IA–0422–1 Property Number: 61200430023 Pearl Harbor Co: Honolulu HI 96860– Status: Unutilized Landholding Agency: Navy Kansas Comment: 957 sq. ft., most recent use—bike Property Number: 77199640039 Dwelling storage, off-site use only Status: Unutilized Admin Area Bldg. YLL173 Comment: 3412 sq. ft., 2-story, most recent Wilson Lake Yosemite National Park use—bomb shelter, off-site use only, Sylvan Grove Co: KS 67481– Yosemite Lodge relocation may not be feasible Landholding Agency: COE Mariposa Co: CA 95389– Bldg. S181 Property Number: 31200440001 Landholding Agency: Interior Naval Station, Ford Island Status: Excess Property Number: 61200430024 Pearl Harbor Co: Honolulu HI 96860– Comment: 1600 sq. ft. residence, off-site use Status: Unutilized Landholding Agency: Navy only Comment: 7020 sq. ft., most recent use— Property Number: 77199640040 Dwelling guest accomodations, off-site use only Status: Unutilized Admin Area Bldg. 1000 E & F Comment: 4258 sq. ft., 1-story, most recent Wilson Lake Yosemite National Park use—bomb shelter, off-site use only, Sylvan Grove Co: KS 67481– Yosemite Lodge relocation may not be feasible Landholding Agency: COE Mariposa Co: CA 95389– Bldg. 219 Property Number: 31200440002 Landholding Agency: Interior Naval Station, Ford Island Status: Excess Property Number: 61200430025 Pearl Harbor Co: Honolulu HI 96860– Comment: 1600 sq. ft., storage, off-site use Status: Unutilized Landholding Agency: Navy only Comment: 3600 sq. ft., most recent use— Property Number: 77199640041 Social Security Building housing, off-site use only Status: Unutilized 1201 SW Van Buren Street Colorado Comment: 620 sq. ft., most recent use— Topeka Co: Shawnee KS 66612– Bldg. 850 damage control, off-site use only, Landholding Agency: GSA Wallace Creek Lodge relocation may not be feasible Property Number: 54200510006 Colbran Co: Mesa CO 81624– Bldg. 220 Status: Excess Landholding Agency: GSA Naval Station, Ford Island Comment: 9550 sq. ft., possible asbestos/lead Property Number: 54200510004 Pearl Harbor Co: Honolulu HI 96860– paint, most recent use—office, tenants to Status: Surplus Landholding Agency: Navy relocate in Spring 2006 Comment: 4500 sq. ft. hunting lodge, off-site Property Number: 77199640042 GSA Number: 7–G–KS–0523 use only Status: Unutilized Kentucky GSA Number: 7–A–CO–0655 Comment: 620 sq. ft., most recent use— Green River Lock & Dam #3 Florida damage control, off-site use only, relocation may not be feasible Rochester Co: Butler KY 42273–Location: SR Job Corps Center 70 west from Morgantown, KY., 205 West Third Street Idaho approximately 7 miles to site Jacksonville Co: FL 33206– Bldg. CF603 Landholding Agency: COE Landholding Agency: GSA Idaho Natl Eng & Env Lab Property Number: 31199010022 Property Number: 54200440019 Scoville Co: Butte ID 83415– Status: Unutilized Status: Excess Landholding Agency: Energy Comment: 980 sq. ft.; 2 story wood frame; Comment: 4 bldgs., sq. ft. varies, presence of Property Number: 41200020004 two story residence; potential utilities; asbestos/possible lead paint, most recent Status: Excess needs major rehab
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8436 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Minnesota 686 Nye Avenue 241 Sunset Avenue Lakes Project Office Irvington Co: Essex NJ 07111–2315 Asheboro Co: Randolph NC 27203– 307 Main Street East Landholding Agency: GSA Landholding Agency: GSA Remer Co: Cass MN Property Number: 54200430012 Property Number: 54200440021 Landholding Agency: GSA Status: Excess Status: Excess Property Number: 54200410015 Comment: 7757 sq. ft., most recent use— Comment: 7141 sq. ft., presence of asbestos/ Status: Surplus office possible lead paint, historic preservation Comment: Office bldg/oil shed/maintenance GSA Number: 1–G–NJ–652 covenants, most recent use—office garage, minor water damage Social Security Bldg. GSA Number: 4–G–NC–746 GSA Number: 5–D–MN–548–A 22 Morris Street Ohio Hackensack Co: Bergen NJ 07660–1546 Missouri Barker Historic House Landholding Agency: GSA Willow Island Locks and Dam Trailer Property Number: 54200430013 Newport Co: Washington OH 45768–9801 Gasconade Harbor Facility Status: Excess Location: Located at lock site, downstream of Gasconade Co: MO 65036– Comment: 14,944 sq. ft., most recent use— lock and dam structure Landholding Agency: COE office Landholding Agency: COE Property Number: 31200430002 GSA Number: 1–G–NJ–651 Status: Unutilized Property Number: 31199120018 New York Comment: 55 ft. x 12 ft., most recent use— Status: Unutilized 1 office, off-site use only Bldg. 2218 Comment: 1600 sq. ft. bldg. with ⁄2 acre of Stewart Newburg USARC land, 2 story brick frame, needs rehab, on Montana New Windsor Co: Orange NY 12553–9000 Natl Register of Historic Places, no utilities, Bldg. 1 Landholding Agency: Army off-site use only Butte Natl Guard Property Number: 21200510067 Pennsylvania Butte Co: Silverbow MT 59701– Status: Unutilized Mahoning Creek Reservoir Landholding Agency: COE Comment: 32,000 sq. ft., poor condition, New Bethlehem Co: Armstrong PA 16242– Property Number: 31200040010 requires major repairs, most recent use— Landholding Agency: COE Status: Unutilized storage/services Comment: 22799 sq. ft., presence of asbestos, Property Number: 31199210008 7 Bldgs. Status: Unutilized most recent use—cold storage, off-site use Stewart Newburg USARC only Comment: 1015 sq. ft., 2 story brick New Windsor Co: Orange NY 12553–9000 residence, off-site use only Bldg. 2 Location: 2122, 2124, 2126, 2128, 2106, 2108, Dwelling Butte Natl Guard 2104 Lock & Dam 6, Allegheny River, 1260 River Butte Co: Silverbow MT 59701– Landholding Agency: Army Rd. Landholding Agency: COE Property Number: 21200510068 Freeport Co: Armstrong PA 16229–2023 Property Number: 31200040011 Status: Unutilized Landholding Agency: COE Status: Unutilized Comment: sq. ft. varies, poor condition, Property Number: 31199620008 Comment: 3292 sq. ft., most recent use—cold needs major repairs, most recent use— Status: Unutilized storage, off-site use only storage/services Comment: 2652 sq. ft., 3-story brick house, in Bldg. 3 Tappan USARC close proximity to Lock and Dam, available Butte Natl Guard 335 Western Hwy for interim use for nonresidential purposes Butte Co: Silverbow MT 59701– Tappan Co: Rockland NY 10983– Govt. Dwelling Landholding Agency: COE Landholding Agency: Army Youghiogheny River Lake Property Number: 31200040012 Property Number: 21200510069 Confluence Co: Fayette PA 15424–9103 Status: Unutilized Status: Excess Landholding Agency: COE Comment: 964 sq. ft., most recent use—cold Comment: 33,537 sq. ft., army reserve center storage, off-site use only Property Number: 31199640002 Social Security Bldg. Status: Unutilized Bldg. 4 63 North Street Comment: 1421 sq. ft., 2-story brick w/ Butte Natl Guard Monticello Co: Sullivan NY 12701–1124 basement, most recent use—residential Butte Co: Silverbow MT 59701– Landholding Agency: GSA Dwelling Landholding Agency: COE Property Number: 54200430014 Lock & Dam 4, Allegheny River Property Number: 31200040013 Status: Excess Natrona Co: Allegheny PA 15065–2609 Status: Unutilized Comment: 5659 sq. ft., most recent use— Landholding Agency: COE Comment: 72 sq. ft., most recent use—cold office Property Number: 31199710009 storage, off-site use only GSA Number: 1–G–NY–915 Status: Unutilized Bldg. 5 Building 1 Comment: 1664 sq. ft., 2-story brick Butte Natl Guard Scotia Navy Depot residence, needs repair, off-site use only Butte Co: Silverbow MT 59701– Scotia Co: Schenectady NY 12302–9460 Dwelling #1 Landholding Agency: COE Landholding Agency: Navy Crooked Creek Lake Property Number: 31200040014 Property Number: 77200440021 Ford City Co: Armstrong PA 16226–8815 Status: Unutilized Status: Excess Landholding Agency: COE Comment: 1286 sq. ft., most recent use—cold Comment: 39,554 sq. ft., needs extensive Property Number: 31199740002 storage, off-site use only repairs, presence of asbestos/lead paint, Status: Excess most recent use—office Lewistown Field Office Comment: 2030 sq. ft., most recent use— 80 Airport Road North Carolina residential, good condition, off-site use Lewistown Co: Fergus MT 59457– SSA Building only Landholding Agency: GSA 215 W. Third Avenue Property Number: 54200510007 Dwelling #2 Gastonia Co: Gaston NC 28052– Status: Surplus Crooked Creek Lake Landholding Agency: GSA Comment: office, warehouse, garage, shed Ford City Co: Armstrong PA 16226–8815 Property Number: 54200440020 and parking spaces, subject to existing Landholding Agency: COE Status: Excess easements, mold issue in office Property Number: 31199740003 Comment: 8081 sq. ft., presence of asbestos, GSA Number: 7–I–MT–0618 Status: Excess most recent use—office Comment: 3045 sq. ft., most recent use— New Jersey GSA Number: 4–G–NC–0745 residential, good condition, off-site use Social Security Bldg. Federal Building only
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8437
Govt Dwelling Status: Excess Section 13 East Branch Lake Comment: 800 sq. ft., most recent use— Arkadelphia Co: Clark AR 71923–9361 Wilcox Co: Elk PA 15870–9709 storage, off-site use only Landholding Agency: COE Landholding Agency: COE Washington Property Number: 31199010078 Property Number: 31199740005 Status: Unutilized Status: Underutilized Bldg. 88 Comment: 14.6 acres Comment: Approx. 5299 sq. ft., 1-story, most 1917 Marsh Road Parcel 09 recent use—residence, off-site use only Yakima WA 98901– DeGray Lake Dwelling #1 Landholding Agency: Interior Section 12 Loyalhanna Lake Property Number: 61200340007 Arkadelphia Co: Hot Spring AR 71923–9361 Saltsburg Co: Westmoreland PA 15681–9302 Status: Unutilized Landholding Agency: COE Landholding Agency: COE Comment: 1032 sq. ft., presence of asbestos/ Property Number: 31199010079 Property Number: 31199740006 lead paint, most recent use—office, off-site Status: Unutilized Status: Excess use only Comment: 6.60 acres Comment: 1996 sq. ft., most recent use— Land (by State) Parcel 10 residential, good condition, off-site use Arkansas DeGray Lake only Section 12 Dwelling #2 Parcel 01 Arkadelphia Co: Hot Spring AR 71923–9361 Loyalhanna Lake DeGray Lake Landholding Agency: COE Saltsburg Co: Westmoreland PA 15681–9302 Section 12 Property Number: 31199010080 Landholding Agency: COE Arkadelphia Co: Clark AR 71923–9361 Status: Unutilized Property Number: 31199740007 Landholding Agency: COE Comment: 4.5 acres Property Number: 31199010071 Status: Excess Parcel 11 Comment: 1996 sq. ft., most recent use— Status: Unutilized Comment: 77.6 acres DeGray Lake residential, good condition, off-site use Section 19 only Parcel 02 Arkadelphia Co: Hot Spring AR 71923–9361 Dwelling #1 DeGray Lake Landholding Agency: COE Woodcock Creek Lake Section 13 Property Number: 31199010081 Saegertown Co: Crawford PA 16433–0629 Arkadelphia Co: Clark AR 71923–9361 Status: Unutilized Landholding Agency: COE Landholding Agency: COE Comment: 19.50 acres Property Number: 31199010072 Property Number: 31199740008 Lake Greeson Status: Excess Status: Unutilized Comment: 198.5 acres Section 7, 8 and 18 Comment: 2106 sq. ft., most recent use— Murfreesboro Co: Pike AR 71958–9720 residential, good condition, off-site use Parcel 03 Landholding Agency: COE DeGray Lake only Property Number: 31199010083 Section 18 Dwelling #2 Status: Unutilized Arkadelphia Co: Clark AR 71923–9361 Lock & Dam 6, 1260 River Road Comment: 46 acres Freeport Co: Armstrong PA 16229–2023 Landholding Agency: COE Landholding Agency: COE Property Number: 31199010073 Idaho Property Number: 31199740009 Status: Unutilized 19.5 acres Status: Excess Comment: 50.46 acres Teton Dam Site Comment: 2652 sq. ft., most recent use— Parcel 04 Newdale Co: Madison ID 83436– residential, good condition, off-site use DeGray Lake Landholding Agency: Interior only Section 24, 25, 30 and 31 Property Number: 61200430047 Dwelling #2 Arkadelphia Co: Clark AR 71923–9361 Status: Excess Youghiogheny River Lake Landholding Agency: COE Comment: Narrow strip of land, center of Confluence Co: Fayette PA 15424–9103 Property Number: 31199010074 irrigated agriculture fields Status: Unutilized Landholding Agency: COE 19.47 acres Comment: 236.37 acres Property Number: 31199830003 Tract C/Section 11 Status: Excess Parcel 05 Paul Co: Minidoka ID 83347– Comment: 1421 sq. ft., 2-story + basement, DeGray Lake Landholding Agency: Interior most recent use—residential Section 16 Property Number: 61200430048 Residence A Arkadelphia Co: Clark AR 71923–9361 Status: Excess 2045 Pohopoco Drive Landholding Agency: COE Comment: Agriculture/sagebrush Property Number: 31199010075 Lehighton Co: Carbon PA 18235– 20.07 acres Landholding Agency: COE Status: Unutilized Comment: 187.30 acres Section 15; Lots 9–10 Property Number: 31200410007 Paul Co: Minidoka ID 83347– Status: Unutilized Parcel 06 Landholding Agency: Interior Comment: 1200 sq. ft., presence of asbestos, DeGray Lake Property Number: 61200430049 off-site use only Section 13 Status: Excess Texas Arkadelphia Co: Clark AR 71923–9361 Comment: Agriculture production/irrigation Landholding Agency: COE sprinkler system Water Tower Property Number: 31199010076 Lake Meredith Natl Rec Area Status: Unutilized Indiana Fritch Co: Hutchinson TX 79036– Comment: 13.0 acres Tracts 100 & 119–2 Landholding Agency: Interior Parcel 07 State Hwy 224/Rd. 50 Property Number: 61200510002 DeGray Lake Union Twshp Co: Huntington IN Status: Unutilized Section 34 Landholding Agency: GSA Comment: Off-site use only Arkadelphia Co: Hot Spring AR 71923–9361 Property Number: 54200430021 Virginia Landholding Agency: COE Status: Surplus Metal Bldg. Property Number: 31199010077 Comment: 6.65 acres and 8.68 acres, open John H. Kerr Dam & Reservoir Status: Unutilized space, no sanitary facilities, zoning Co. Boydton VA Comment: 0.27 acres restrictions Landholding Agency: COE Parcel 08 GSA Number: 1–D–IN–573–B Property Number: 31199620009 DeGray Lake Tanner’s Creek
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8438 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Access Site off Rt. 50 Barkley Lake, Kentucky and Tennessee Location: On the waters of Pilfen Creek, 4 Lawrenceburg Co: IN Cadiz Co: Trigg KY 42211– miles east of Eddyville, KY Landholding Agency: GSA Location: 1 mile in a southerly direction from Landholding Agency: COE Property Number: 54200430022 the village of Rockcastle Property Number: 31199010045 Status: Excess Landholding Agency: COE Status: Excess Comment: 8.45 acres, boat launch, flowage Property Number: 31199010031 Comment: 8.71 acres; rolling steep and easement Status: Excess wooded; no utilities GSA Number: 1–D–IN–571–C Comment: 4.90 acres; wooded; no utilities Tract 2001 #1 Patriot Boat Ramp Tract 4318 Barkley Lake, Kentucky and Tennessee Rt 156 Barkley Lake, Kentucky and Tennessee Eddyville Co: Lyon KY 42030– Switzerland Co: IN Canton Co: Trigg KY 42212– Location: Approximately 41⁄2 miles east of Landholding Agency: GSA Location: Trigg Co. adjoining the city of Eddyville, KY Property Number: 54200440009 Canton, KY on the waters of Hopson Creek Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31199010046 Comment: 34.11 acres, parking and boat Property Number: 31199010032 Status: Excess launch, flowage easement Status: Excess Comment: 47.42 acres; steep and wooded; no GSA Number: 1–D–IN–571–B Comment: 8.24 acres; steep and wooded utilities Kansas Tract 4502 Tract 2001 #2 Parcel 1 Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee El Dorado Lake Canton Co: Trigg KY 42212– Eddyville Co: Lyon KY 42030– 1 Section 13, 24, and 18 Location: 31⁄2 miles in a southerly direction Location: Approximately 4 ⁄2 miles east of (See County) Co: Butler KS from Canton, KY Eddyville, KY Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31199010064 Property Number: 31199010033 Property Number: 31199010047 Status: Unutilized Status: Excess Status: Excess Comment: 61 acres; most recent use— Comment: 4.26 acres; steep and wooded Comment: 8.64 acres; steep and wooded; no utilities recreation Tract 4611 Tract 2005 Kentucky Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212– Barkley Lake, Kentucky and Tennessee Tract 2625 Location: 5 miles south of Canton, KY Eddyville Co: Lyon KY 42030– Barkley Lake, Kentucky, and Tennessee 1 Landholding Agency: COE Location: Approximately 5 ⁄2 miles east of Cadiz Co: Trigg KY 42211– Property Number: 31199010034 Eddyville, KY Location: Adjoining the village of Rockcastle Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 10.51 acres; steep and wooded; no Property Number: 31199010048 Property Number: 31199010025 utilities Status: Excess Status: Excess Comment: 4.62 acres; steep and wooded; no Comment: 2.57 acres; rolling and wooded Tract 4619 utilities Tract 2709–10 and 2710–2 Barkley Lake, Kentucky and Tennessee Canton Co: Trigg KY 42212– Tract 2307 Barkley Lake, Kentucky and Tennessee Barkley Lake, Kentucky and Tennessee Location: 41⁄2 miles south from Canton, KY Cadiz Co: Trigg KY 42211– Eddyville Co: Lyon KY 42030– 1 Landholding Agency: COE Location: 2 ⁄2 miles in a southerly direction Location: Approximately 71⁄2 miles Property Number: 31199010035 from the village of Rockcastle southeasterly of Eddyville, KY Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 2.02 acres; steep and wooded; no Property Number: 31199010026 Property Number: 31199010049 utilities Status: Excess Status: Excess Comment: 2.00 acres; steep and wooded Tract 4817 Comment: 11.43 acres; steep; rolling and Tract 2708–1 and 2709–1 Barkley Lake, Kentucky and Tennessee wooded; no utilities Canton Co: Trigg KY 42212– Barkley Lake, Kentucky and Tennessee Tract 2403 Location: 61⁄2 miles south of Canton, KY Cadiz Co: Trigg KY 42211– Barkley Lake, Kentucky and Tennessee 1 Landholding Agency: COE Location: 2 ⁄2 miles in a southerly direction Eddyville Co: Lyon KY 42030– from the village of Rockcastle Property Number: 31199010036 Location: 7 miles southeasterly of Eddyville, Landholding Agency: COE Status: Excess KY Property Number: 31199010027 Comment: 1.75 acres; wooded Landholding Agency: COE Status: Excess Tract 1217 Property Number: 31199010050 Comment: 3.59 acres; rolling and wooded; no Barkley Lake, Kentucky and Tennessee Status: Excess utilities Eddyville Co: Lyon KY 42030– Comment: 1.56 acres; steep and wooded; no Tract 2800 Location: On the north side of the Illinois utilities Barkley Lake, Kentucky and Tennessee Central Railroad Tract 2504 Cadiz Co: Trigg KY 42211– Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Location: 41⁄2 miles in a southeasterly Property Number: 31199010042 Eddyville Co: Lyon KY 42030– direction from the village of Rockcastle Status: Excess Location: 9 miles southeasterly of Eddyville, Landholding Agency: COE Comment: 5.80 acres; steep and wooded KY Property Number: 31199010028 Tract 1906 Landholding Agency: COE Status: Excess Barkley Lake, Kentucky and Tennessee Property Number: 31199010051 Comment: 5.44 acres; steep and wooded Eddyville Co: Lyon KY 42030– Status: Excess Tract 2915 Location: Approximately 4 miles east of Comment: 24.46 acres; steep and wooded; no Barkley Lake, Kentucky and Tennessee Eddyville, KY utilities Cadiz Co: Trigg KY 42211– Landholding Agency: COE Tract 214 Location: 61⁄2 miles west of Cadiz Property Number: 31199010044 Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Status: Excess Grand Rivers Co: Lyon KY 42045– Property Number: 31199010029 Comment: 25.86 acres; rolling steep and Location: South of the Illinois Central Status: Excess partially wooded; no utilities Railroad, 1 mile east of the Cumberland Comment: 5.76 acres; steep and wooded; no Tract 1907 River utilities Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Tract 2702 Eddyville Co: Lyon KY 42038– Property Number: 31199010052
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8439
Status: Excess Status: Excess Comment: 0.64 acres, encroachments, most Comment: 5.5 acres; wooded; no utilities Comment: 1.73 acres; steep and wooded; recent use—flood control purposes Tract 215 subject to utility easements Louisiana Barkley Lake, Kentucky and Tennessee Tract 2403–B Wallace Lake Dam and Reservoir Grand Rivers Co: Lyon KY 42045– Barkley Lake, Kentucky and Tennessee Shreveport Co: Caddo LA 71103– Location: 5 miles southwest of Kuttawa Eddyville Co: Lyon KY 42038– Landholding Agency: COE Landholding Agency: COE Location: 7 miles southeasterly from Property Number: 31199011009 Property Number: 31199010053 Eddyville, KY Status: Unutilized Status: Excess Landholding Agency: COE Comment: 10.81 acres; wildlife/forestry; no Comment: 1.40 acres; wooded; no utilities Property Number: 31199011623 utilities Status: Unutilized Tract 241 Bayou Bodcau Dam and Reservoir Comment: 0.70 acres, wooded; subject to Barkley Lake, Kentucky and Tennessee Haughton Co: Caddo LA 71037–9707 utility easements Grand Rivers Co: Lyon KY 42045– Location: 35 miles Northeast of Shreveport, Location: Old Henson Ferry Road, 6 miles Tract 241–B LA west of Kuttawa, KY Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Property Number: 31199011010 Property Number: 31199010054 Location: South of Old Henson Ferry Road, Status: Unutilized Status: Excess 6 miles west of Kuttawa, KY Comment: 203 acres; wildlife/forestry; no Comment: 1.26 acres; steep and wooded; no Landholding Agency: COE utilities utilities Property Number: 31199011624 Tracts 306, 311, 315 and 325 Status: Excess Mississippi Barkley Lake, Kentucky and Tennessee Comment: 11.16 acres; steep and wooded; Parcel 7 Grand Rivers Co: Lyon KY 42045– subject to utility easements Grenada Lake Location: 2.5 miles southwest of Kuttawa, KY Tracts 212 and 237 Sections 22, 23, T24N on the waters of Cypress Creek Barkley Lake, Kentucky and Tennessee Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Landholding Agency: COE Property Number: 31199010055 Location: Old Henson Ferry Road, 6 miles Property Number: 31199011019 Status: Excess west of Kuttawa, KY Status: Underutilized Comment: 38.77 acres; steep and wooded; no Landholding Agency: COE Comment: 100 acres; no utilities; utilities Property Number: 31199011625 intermittently used under lease—expires Tracts 2305, 2306, and 2400–1 Status: Excess 1994 Barkley Lake, Kentucky and Tennessee Comment: 2.44 acres; steep and wooded; Parcel 8 Eddyville Co: Lyon KY 42030– subject to utility easements Grenada Lake Location: 61⁄2 miles southeasterly of Tract 215–B Section 20, T24N Eddyville, KY Barkley Lake, Kentucky and Tennessee Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Landholding Agency: COE Property Number: 31199010056 Location: 5 miles southwest of Kuttawa Property Number: 31199011020 Status: Excess Landholding Agency: COE Status: Underutilized Comment: 97.66 acres; steep rolling and Property Number: 31199011626 Comment: 30 acres; no utilities; wooded; no utilities Status: Excess intermittently used under lease—expires Tracts 5203 and 5204 Comment: 1.00 acres; wooded; subject to 1994 Barkley Lake, Kentucky and Tennessee utility easements Parcel 9 Linton Co: Trigg KY 42212– Tract 233 Grenada Lake Location: Village of Linton, KY state highway Barkley Lake, Kentucky and Tennessee Section 20, T24N, R7E 1254 Grand Rivers Co: Lyon KY 42045– Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: COE Location: 5 miles southwest of Kuttawa Landholding Agency: COE Property Number: 31199010058 Landholding Agency: COE Property Number: 31199011021 Status: Excess Property Number: 31199011627 Status: Underutilized Comment: 0.93 acres; rolling, partially Status: Excess Comment: 23 acres; no utilities; wooded; no utilities Comment: 1.00 acres; wooded; subject to intermittently used under lease—expires Tract 5240 utility easements 1994 Barkley Lake, Kentucky and Tennessee Tract N–819 Parcel 10 Linton Co: Trigg KY 42212– Dale Hollow Lake & Dam Project Grenada Lake Location: 1 mile northwest of Linton, KY Illwill Creek, Hwy 90 Sections 16, 17, 18 T24N R8E Landholding Agency: COE Hobart Co: Clinton KY 42601– Grenada Co: Calhoun MS 38901–0903 Property Number: 31199010059 Landholding Agency: COE Landholding Agency: COE Status: Excess Property Number: 31199140009 Property Number: 31199011022 Comment: 2.26 acres; steep and wooded; no Status: Underutilized Status: Underutilized utilities Comment: 91 acres, most recent use— Comment: 490 acres; no utilities; Tract 4628 hunting, subject to existing easements intermittently used under lease—expires Barkley Lake, Kentucky and Tennessee Portion of Lock & Dam No. 1 1994 Canton Co: Trigg KY 42212– Kentucky River Parcel 2 Location: 41⁄2 miles south from Canton, KY Carrolton Co: Carroll KY 41008–0305 Grenada Lake Landholding Agency: COE Landholding Agency: COE Section 20 and T23N, R5E Property Number: 31199011621 Property Number: 31199320003 Grenada Co: Grenada MS 38901–0903 Status: Excess Status: Unutilized Landholding Agency: COE Comment: 3.71 acres; steep and wooded; Comment: approx. 3.5 acres (sloping), access Property Number: 31199011023 subject to utility easements monitored Status: Underutilized Tract 4619–B Tract No. F–610 Comment: 60 acres; no utilities; most recent Barkley Lake, Kentucky and Tennessee Buckhorn Lake Project use—wildlife and forestry management Canton Co: Trigg KY 42212– Buckhorn KY 41721– Parcel 3 Location: 41⁄2 miles south from Canton, KY Landholding Agency: COE Grenada Lake Landholding Agency: COE Property Number: 31200240001 Section 4, T23N, R5E Property Number: 31199011622 Status: Unutilized Grenada Co: Yalobusha MS 38901–0903
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8440 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Landholding Agency: COE Grenada Co: Yalobusha MS 38901–0903 Oklahoma Property Number: 31199011024 Landholding Agency: COE Pine Creek Lake Status: Underutilized Property Number: 31199011032 Section 27 Comment: 120 acres; no utilities; most recent Status: Underutilized (See County) Co: McCurtain OK use—wildlife and forestry management; Comment: 40 acres; no utilities; most recent Landholding Agency: COE (13.5 acres/agriculture lease) use—wildlife and forestry management Property Number: 31199010923 Parcel 4 Parcel 16 Status: Unutilized Grenada Lake Grenada Lake Comment: 3 acres; no utilities; subject to Section 2 and 3. T23N, R5E Section 9, T23N, R6E right of way for Oklahoma State Highway Grenada Co: Yalobusha MS 38901–0903 Grenada Co: Yalobusha MS 38901–0903 3 Landholding Agency: COE Landholding Agency: COE Pennsylvania Property Number: 31199011025 Property Number: 31199011033 Mahoning Creek Lake Status: Underutilized Status: Underutilized New Bethlehem Co: Armstrong PA 16242– Comment: 60 acres; no utilities; most recent Comment: 70 acres; no utilities; most recent 9603 use—wildlife and forestry management use—wildlife and forestry management Location: Route 28 North to Belknap, Road Parcel 5 Parcel 17 #4 Grenada Lake Grenada Lake Landholding Agency: COE Section 7, T24N, R6E Section 17, T23N, R7E Property Number: 31199010018 Grenada Co: Yalobusha MS 38901–0903 Grenada Co: Grenada MS 28901–0903 Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 2.58 acres; steep and densely Property Number: 31199011026 Property Number: 31199011034 wooded Status: Underutilized Status: Underutilized Tracts 610, 611, 612 Comment: 20 acres; no utilities; most recent Comment: 35 acres; no utilities; most recent Shenango River Lake use—wildlife and forestry management; use—wildlife and forestry management Sharpsville Co: Mercer PA 16150– (14 acres/agriculture lease) Parcel 18 Location: I–79 North, I–80 West, Exit Sharon. Parcel 6 Grenada Lake R18 North 4 miles, left on R518, right on Grenada Lake Section 22, T23N, R7E Mercer Avenue Section 9, T24N, R6E Grenada Co: Grenada MS 28902–0903 Landholding Agency: COE Grenada Co: Yalobusha MS 38903–0903 Landholding Agency: COE Property Number: 31199011001 Landholding Agency: COE Property Number: 31199011035 Status: Excess Property Number: 31199011027 Status: Underutilized Comment: 24.09 acres; subject to flowage Status: Underutilized Comment: 10 acres; no utilities; most recent easement Comment: 80 acres; no utilities; most recent use—wildlife and forestry management Tracts L24, L26 use—wildlife and forestry management Parcel 19 Crooked Creek Lake Parcel 11 Grenada Lake Co: Armstrong PA 03051– Grenada Lake Section 9, T22N, R7E Location: Left bank—55 miles downstream of Section 20, T24N, R8E Grenada Co: Grenada MS 38901–0903 dam Grenada Co: Calhoun MS 38901–0903 Landholding Agency: COE Landholding Agency: COE Landholding Agency: COE Property Number: 31199011036 Property Number: 31199011011 Property Number: 31199011028 Status: Underutilized Status: Unutilized Status: Underutilized Comment: 20 acres; no utilities; most recent Comment: 7.59 acres; potential for utilities Comment: 30 acres; no utilities; most recent use—wildlife and forestry management Portion of Tract L–21A use—wildlife and forestry management Crooked Creek Lake, LR 03051 Parcel 12 Missouri Ford City Co: Armstrong PA 16226– Grenada Lake Harry S Truman Dam & Reservoir Landholding Agency: COE Section 25, T24N, R7E Warsaw Co: Benton MO 65355– Property Number: 31199430012 Grenada Co: Yalobusha MS 38390–10903 Location: Triangular shaped parcel southwest Status: Unutilized Landholding Agency: COE of access road ‘‘B’’, part of Bledsoe Ferry Comment: Approximately 1.72 acres of Property Number: 31199011029 Park Tract 150 undeveloped land, subject to gas rights Status: Underutilized Landholding Agency: COE Tennessee Comment: 30 acres; no utilities; most recent Property Number: 31199030014 use—wildlife and forestry management Status: Underutilized Tract 6827 Comment: 1.7 acres; potential utilities Barkley Lake Parcel 13 Dover Co: Stewart TN 37058– Grenada Lake New Jersey Location: 21⁄2 miles west of Dover, TN. Section 34, T24N, R7E Landholding Agency: COE Grenada Co: Yalobusha MS 38903–0903 Storage Site Black Oak Ridge Road Property Number: 31199010927 Landholding Agency: COE Status: Excess Property Number: 31199011030 Wayne Co: Passaic NJ Landholding Agency: GSA Comment: .57 acres; subject to existing Status: Underutilized easements Comment: 35 acres; no utilities; most recent Property Number: 54200440011 Status: Excess Tracts 6002–2 and 6010 use—wildlife and forestry management; Barkley Lake (11 acres/agriculture lease) Comment: 6.5 acres, utility infrastructure exist Dover Co: Stewart TN 37058– Parcel 14 GSA Number: 1–B–NJ–0653 Location: 31⁄2 miles south of village of Grenada Lake Tabaccoport Section 3, T23N, R6E Ohio Landholding Agency: COE Grenada Co: Yalobusha MS 38901–0903 GWEN Site #3 Property Number: 31199010928 Landholding Agency: COE Township Rd. 196 Status: Excess Property Number: 31199011031 Radnor Co: Delaware OH Comment: 100.86 acres; subject to existing Status: Underutilized Landholding Agency: GSA easements Comment: 15 acres; no utilities; most recent Property Number: 54200420021 Tract 11516 use—wildlife and forestry management Status: Surplus Barkley Lake Parcel 15 Comment: Two tracts of farm land = 0.953 Ashland City Co: Dickson TN 37015– Grenada Lake acre and 10.778 acres Location: 1⁄2 mile downstream from Section 4, T24N, R6E GSA Number: 1–D–OH–825 Cheatham Dam
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8441
Landholding Agency: COE Location: 4 miles east of Cumberland City Canoe Ridge, State Hwy 52 Property Number: 31199010929 Landholding Agency: COE Celina Co: Clay TN 38551– Status: Excess Property Number: 31199010938 Landholding Agency: COE Comment: 26.25 acres; subject to existing Status: Excess Property Number: 31199140006 easements Comment: 7.7 acres; subject to existing Status: Underutilized Tract 2319 easements Comment: 351 acres, most recent use— J. Percy Priest Dam and Resorvoir Tract 11503 hunting, subject to existing easements Murfreesboro Co: Rutherford TN 37130– Barkley Lake Tract A–120 Location: West of Buckeye Bottom Road Ashland City Co: Cheatham TN 37015– Dale Hollow Lake & Dam Project Landholding Agency: COE Location: 2 miles downstream from Swann Ridge, State Hwy No. 53 Property Number: 31199010930 Cheatham Dam Celina Co: Clay TN 38551– Status: Excess Landholding Agency: COE Landholding Agency: COE Comment: 14.48 acres; subject to existing Property Number: 31199010939 Property Number: 31199140007 easements Status: Excess Status: Underutilized Tract 2227 Comment: 1.1 acres; subject to existing Comment: 883 acres, most recent use— J. Percy Priest Dam and Resorvoir easements hunting, subject to existing easements Murfreesboro Co: Rutherford TN 37130– Tracts 11523, 11524 Tract D–185 Location: Old Jefferson Pike Barkley Lake Dale Hollow Lake & Dam Project Landholding Agency: COE Ashland City Co: Cheatham TN 37015– Ashburn Creek, Hwy No. 53 Property Number: 31199010931 Location: 21⁄2 miles downstream from Livingston Co: Clay TN 38570– Status: Excess Cheatham Dam Landholding Agency: COE Comment: 2.27 acres; subject to existing Landholding Agency: COE Property Number: 31199140010 easements Property Number: 31199010940 Status: Underutilized Comment: 97 acres, most recent use— Tract 2107 Status: Excess hunting, subject to existing easements J. Percy Priest Dam and Reservoir Comment: 19.5 acres; subject to existing Murfreesboro Co: Rutherford TN 37130– easements Texas Location: Across Fall Creek near Fall Creek Tract 6410 14.34 acres camping area Barkley Lake 9300 Tidwell Road Landholding Agency: COE Bumpus Mills Co: Stewart TN 37028– Houston Co: Harris TX 77078– Property Number: 31199010932 Location: 41⁄2 miles SW. of Bumpus Mills Landholding Agency: GSA Status: Excess Landholding Agency: COE Property Number: 54200510008 Comment: 14.85 acres; subject to existing Property Number: 31199010941 Status: Excess easements Status: Excess Comment: Development may require an Tracts 2601, 2602, 2603, 2604 Comment: 17 acres; subject to existing archeological survey Cordell Hull Lake and Dam Project easements GSA Number: 7–G–TX–1085 Doe Row Creek Tract 9707 Virginia Gainesboro Co: Jackson TN 38562– Barkley Lake Tract H–35–A Location: TN Highway 56 Palmyer Co: Montgomery TN 37142– Chantilly Access Road Landholding Agency: COE Location: 3 miles NE of Palmyer, TN, Vienna Co: VA Property Number: 31199010933 Highway 149 Landholding Agency: GSA Status: Unutilized Landholding Agency: COE Property Number: 54200430016 Comment: 11 acres; subject to existing Property Number: 31199010943 Status: Excess easements Status: Excess Comment: 0.331 acre, public street, any Tract 1911 Comment: 6.6 acres; subject to existing owner would be required to provide J. Percy Priest Dam and Reservoir easements equivalent, uninterrupted alternate access. Murfreesboro Co: Rutherford TN 37130– Tract 6949 GSA Number: 11–U–VA–0001 Location: East of Lamar Road Barkley Lake Landholding Agency: COE Dover Co: Stewart TN 37058– Suitable/Unavailable Properties Property Number: 31199010934 Location: 11⁄2 miles SE of Dover, TN Buildings (by State) Status: Excess Landholding Agency: COE Comment: 6.92 acres; subject to existing Property Number: 31199010944 Alabama easements Status: Excess Bldg. 30105 Tract 7206 Comment: 29.67 acres; subject to existing Fort Rucker Barkley Lake easements Ft. Rucker Co: Dale AL 36362– Dover Co: Stewart TN 37058– Tracts 6005 and 6017 Landholding Agency: Army Property Number: 21200510052 Location: 21⁄2 miles SE of Dover, TN Barkley Lake Landholding Agency: COE Dover Co: Stewart TN 37058– Status: Excess Property Number: 31199010936 Location: 3 miles south of Village of Comment: 4100 sq. ft., most recent use— Status: Excess Tobaccoport admin., off-site use only Comment: 10.15 acres; subject to existing Landholding Agency: COE Bldg. 40115 easements Property Number: 31199011173 Fort Rucker Tracts 8813, 8814 Status: Excess Ft. Rucker Co: Dale AL 36362– Landholding Agency: Army Barkley Lake Comment: 5 acres; subject to existing Property Number: 21200510053 Cumberland Co: Stewart TN 37050– easements Status: Excess Location: 11⁄2 miles East of Cumberland City Tracts K–1191, K–1135 Comment: 34,520 sq. ft., most recent use— Landholding Agency: COE Old Hickory Lock and Dam storage, off-site use only Property Number: 31199010937 Hartsville Co: Trousdale TN 37074– Status: Excess Landholding Agency: COE Alaska Comment: 96 acres; subject to existing Property Number: 31199130007 House easements Status: Underutilized 910 S. Felton Street Tract 8911 Comment: 54 acres, (portion in floodway), Tsunami Warning Center Barkley Lake most recent use—recreation Palmer Co: AK Cumberland City Co: Montgomery TN Tract A–102 Landholding Agency: GSA 37050– Dale Hollow Lake & Dam Project Property Number: 54200430007
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8442 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Status: Surplus Landholding Agency: Energy Comment: 900 sq. ft.; one floor wood frame; Comment: 1400 sq. ft., off-site use only Property Number: 41199630001 most recent use—residence GSA Number: 9–C–AK–794 Status: Unutilized Michigan Georgia Comment: 1219 sq. ft., most recent use— sleeping quarters, presence of asbestos, off- Bldg. 00001 Bldg. 01674 site use only Sheridan Hall USARC Fort Benning 501 Euclid Avenue Ft. Benning Co: Chattachoochee GA 31905– Illinois Helena Co: Lewis & Clark MI 59601–2865 Landholding Agency: Army Bldg. 7 Landholding Agency: Army Property Number: 21200510056 Ohio River Locks & Dam No. 53 Property Number: 21200510066 Status: Unutilized Grand Chain Co: Pulaski IL 62941–9801 Status: Unutilized Comment: 5311 sq. ft., needs rehab, most Location: Ohio River Locks and Dam No. 53 Comment: 19,321 sq. ft., most recent use— recent use—gen. inst., off-site use only at Grand Chain reserve center Bldg. 01675 Landholding Agency: COE Minnesota Fort Benning Property Number: 31199010001 Status: Unutilized MG Clement Trott Mem. USARC Ft. Benning Co: Chattachoochee GA 31905– Walker Co: Cass MN 56484– Landholding Agency: Army Comment: 900 sq. ft.; 1 floor wood frame; most recent use—residence Landholding Agency: GSA Property Number: 21200510057 Property Number: 54199930003 Status: Unutilized Bldg. 6 Status: Excess Comment: 5475 sq. ft., needs rehab, most Ohio River Locks & Dam No. 53 Comment: 4320 sq. ft. training center and recent use—gen. inst., off-site use only Grand Chain Co: Pulaski IL 62941–9801 1316 sq. ft. vehicle maintenance shop, Bldg. 01676 Location: Ohio River Locks and Dam No. 53 presence of environmental conditions Fort Benning at Grand Chain GSA Number: 1–D–MN–575 Landholding Agency: COE Ft. Benning Co: Chattachoochee GA 31905– Missouri Landholding Agency: Army Property Number: 31199010002 Property Number: 21200510058 Status: Unutilized Hardesty Federal Complex Status: Unutilized Comment: 900 sq. ft.; one floor wood frame; 607 Hardesty Avenue Comment: 7209 sq. ft., needs rehab, most most recent use—residence Kansas City Co: Jackson MO 64124–3032 recent use—gen. inst., off-site use only Bldg. 5 Landholding Agency: GSA Property Number: 54199940001 Bldg. 01677 Ohio River Locks & Dam No. 53 Status: Excess Fort Benning Grand Chain Co: Pulaski IL 62941–9801 Comment: 7 warehouses and support Ft. Benning Co: GA 31905– Location: Ohio River Locks and Dam No. 53 at Grand Chain buildings (540 to 216,000 sq. ft.) on 17.47 Landholding Agency: Army acres, major rehab, most recent use— Property Number: 21200510059 Landholding Agency: COE Property Number: 31199010003 storage/office, utilities easement Status: Unutilized GSA Number: 7–G–MO–637 Comment: 5311 sq. ft., needs rehab, most Status: Unutilized recent use—gen. inst., off-site use only Comment: 900 sq. ft.; one floor wood frame; New Jersey most recent use—residence Bldg. 01678 Parcels 3, 4, 5 Fort Benning Bldg. 4 Former Coast Guard Station Ft. Benning Co: Chattachoochee GA 31905– Ohio River Locks & Dam No. 53 Beach Haven Co: Ocean NJ 08008– Landholding Agency: Army Grand Chain Co: Pulaski IL 62941–9801 Landholding Agency: GSA Property Number: 21200510060 Location: Ohio River Locks and Dam No. 53 Property Number: 54200420005 Status: Unutilized at Grand Chain Status: Excess Comment: 6488 sq. ft., needs rehab, most Landholding Agency: COE Comment: 11,644 sq. ft. bldg. w/1.4 acres, recent use—gen. inst., off-site use only Property Number: 31199010004 within floodplain, environmental Status: Unutilized considerations, legal restrictions, storage Bldg. 05887 Comment: 900 sq. ft.; one floor wood frame; tank Fort Benning most recent use—residence GSA Number: 1–U–NJ–499B Ft. Benning Co: Chattachoochee GA 31905– Landholding Agency: Army Bldg. 3 New York Ohio River Locks & Dam No. 53 Property Number: 21200510061 Social Sec. Admin. Bldg. Grand Chain Co: Pulaski IL 62941–9801 Status: Unutilized 517 N. Barry St. Location: Ohio River Locks and Dam No. 53 Comment: 1344 sq. ft., needs rehab, most Olean NY 10278–0004 recent use—admin., off-site use only at Grand Chain Landholding Agency: GSA Landholding Agency: COE Property Number: 54200230009 Bldg. 01305 Property Number: 31199010005 Hunter Army Airfield Status: Excess Status: Unutilized Comment: 9174 sq. ft., poor condition, most Chatham Co: GA 31409– Comment: 900 sq. ft.; one floor wood frame Landholding Agency: Army recent use—office Property Number: 21200510063 Bldg. 2 GSA Number: 1–G–NY–0895 Status: Excess Ohio River Locks & Dam No. 53 Hancock Army Complex Comment: 400 sq. ft., most recent use— Grand Chain Co: Pulaski IL 62941–9801 Track 4 general purpose, off-site use only Location: Ohio River Locks and Dam No. 53 Stewart Drive West at Grand Chain Cicero Co: Onondaga NY 13039– Bldg. 00285 Landholding Agency: COE Fort Stewart Landholding Agency: GSA Property Number: 31199010006 Property Number: 54200310013 Ft. Stewart Co: Liberty GA 31314– Status: Unutilized Landholding Agency: Army Status: Excess Comment: 900 sq. ft.; one floor wood frame; Comment: 3 bunker-style structures and Property Number: 21200510064 most recent use—residence Status: Excess several small outbuildings, presence of Comment: 6087 sq. ft., most recent use— Bldg. 1 asbestos, possible lead paint, most recent police station, off-site use only Ohio River Locks & Dam No. 53 use—admin/training/storage Grand Chain Co: Pulaski IL 62941–9801 GSA Number: 1–D–NY–803 Idaho Location: Ohio River Locks and Dam No. 53 Bldg. CFA–613 at Grand Chain Ohio Central Facilities Area Landholding Agency: COE Bldg.—Berlin Lake Idaho National Engineering Lab Property Number: 31199010007 7400 Bedell Road Scoville Co: Butte ID 83415– Status: Unutilized Berlin Center Co: Mahoning OH 44401–9797
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8443
Landholding Agency: COE Land (by State) Status: Unutilized Property Number: 31199640001 Illinois Comment: 126.69 acres; most recent use— Status: Unutilized recreation and leased cottage sites. Lake Shelbyville Comment: 1420 sq. ft., 2-story brick w/garage Shelbyville Co: Shelby & Moultrie IL 62565– Parcel No. 2, El Dorado Lake and basement, most recent use— 9804 Approx. 1 mi east of the town of El Dorado residential, secured w/alternate access Landholding Agency: COE Co: Butler KS Landholding Agency: COE Pennsylvania Property Number: 31199240004 Status: Unutilized Property Number: 31199210005 Tract 403A Comment: 5 parcels of land equalling 0.70 Status: Unutilized Grays Landing Lock & Dam Project acres, improved w/4 small equipment Comment: 11 acres, part of a relocated Greensboro Co: Greene PA 15338– storage bldgs. and a small access road, railroad bed, rural area Landholding Agency: COE easement restrictions Massachusetts Property Number: 31199430021 Status: Unutilized Michigan Buffumville Dam Comment: 620 sq. ft., 2-story, needs repair, IOM Site Flood Control Project most recent use—residential, if used for Chesterfield Road Gale Road habitation must be flood proofed or Chesterfield Co: Macomb MI– Carlton Co: Worcester MA 01540–0155 Location: Portion of tracts B–200, B–248, B– removed off-site Landholding Agency: GSA 251, B–204, B–247, B–200 and B–256 Tract 403B Property Number: 54200340008 Status: Excess Landholding Agency: COE Grays Landing Lock & Dam Project Property Number: 31199010016 Greensboro Co: Greene PA 15338– Comment: Approx. 17.4 acres w/concrete block bldg. in poor condition, most recent Status: Excess Landholding Agency: COE Comment: 1.45 acres Property Number: 31199430022 use—radio antenna field, narrow right-of- Status: Unutilized way Tennessee GSA Number: 1–D–MI–0603F Comment: 1600 sq. ft., 2-story, brick Tract D–456 structure, needs repair, most recent use— Pennsylvania Cheatham Lock and Dam residential, if used for habitation must be East Branch Clarion River Lake Ashland Co: Cheatham TN 37015– flood proofed or removed off-site Wilcox Co: Elk PA Location: Right downstream bank of Tract 403C Location: Free camping area on the right Sycamore Creek Grays Landing Lock & Dam Project bank off entrance roadway Landholding Agency: COE Greensboro Co: Greene PA 15338– Landholding Agency: COE Property Number: 31199010942 Status: Excess Landholding Agency: COE Property Number: 31199011012 Comment: 8.93 acres; subject to existing Property Number: 31199430023 Status: Underutilized easements Status: Unutilized Comment: 1 acre; most recent use—free Comment: 672 sq. ft., 2-story carriage house/ campground Texas stable barn type structure, needs repair, Dashields Locks and Dam (Glenwillard, PA) Corpus Christi Ship Channel most recent use—storage/garage, if used for Crescent Twp. Co: Allegheny PA 15046–0475 Corpus Christi Co: Neuces TX habitation must be flood proofed or Landholding Agency: COE Location: East side of Carbon Plant Road, removed Property Number: 31199210009 approx. 14 miles NW of downtown Corpus Status: Unutilized Tennessee Christi Comment: 0.58 acres, most recent use— Landholding Agency: COE 3 Facilities, Guard Posts baseball field Property Number: 31199240001 Volunteer Army Ammunition Plant Status: Unutilized Chattanooga Co: Hamilton TN 37421– Suitable/To Be Excessed Comment: 4.4 acres, most recent use—farm Landholding Agency: GSA Land (by State) land Property Number: 54199930011 Georgia Status: Surplus Unsuitable Properties Comment: 48–64 sq. ft., most recent use— Lake Sidney Lanier Buildings (by State) Co: Forsyth GA 30130– access control, property was published in Arkansas error as available on 2/11/00 Location: Located on Two Mile Creek adj. to GSA Number: 4–D–TN–594F State Route 369 Dwelling Landholding Agency: COE Bull Shoals Lake/Dry Run Road Federal Building Property Number: 31199440010 Oakland Co: Marion AR 72661– 204 North Second Street Status: Unutilized Landholding Agency: COE Clarksville Co: Montgomery TN 37040– Comment: 0.25 acres, endangered plant Property Number: 31199820001 Landholding Agency: GSA species Status: Unutilized Property Number: 54200430003 Lake Sidney Lanier—3 parcels Reason: Extensive deterioration Status: Excess Gainesville Co: Hall GA 30503– Helena Casting Plant Comment: 13429 gross sq. ft., presence of Location: Between Gainesville H.S. and State Helena Co: Phillips AR 72342– asbestos, possible lead paint, most recent Route 53 By-Pass Landholding Agency: COE use—office, historic preservation Landholding Agency: COE Property Number: 31200220001 covenants Property Number: 31199440011 Status: Unutilized GSA Number: 4–G–TN–0654 Status: Unutilized Reason: Extensive deterioration West Virginia Comment: 3 parcels totalling 5.17 acres, most California recent use—buffer zone, endangered plant Social Security Bldg. species Bldg. 00635 50 16th Street Parks Reserve Forces Wheeling Co: Ohio WV 25301– Kansas Training Area Landholding Agency: GSA Parcel #1 Dublin Co: Alameda CA 94568– Property Number: 54200430019 Fall River Lake Landholding Agency: Army Status: Excess Section 26 Property Number: 21200510071 Comment: 4975 sq. ft., presence of asbestos, Co: Greenwood KS Status: Unutilized most recent use—office Landholding Agency: COE Reason: Extensive deterioration GSA Number: 4–G–WV–0549 Property Number: 31199010065 Bldg. 00796
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8444 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Parks Reserve Forces Lower Pines Landholding Agency: Interior Training Area Yosemite Co: Mariposa CA 95389– Property Number: 61200430018 Dublin Co: Alameda CA 94568– Landholding Agency: Interior Status: Unutilized Landholding Agency: Army Property Number: 61200430001 Reason: Extensive deterioration Property Number: 21200510072 Status: Unutilized Bldg. YLS–001 Status: Unutilized Reason: Extensive deterioration Yosemite National Park Reason: Extensive deterioration Bldg. 416 Yosemite Lodge Soil & Materials Testing Lab Yosemite National Park Mariposa Co: CA 95389– Sausalito CA 00000– Lower Pines Landholding Agency: Interior Landholding Agency: COE Yosemite Co: Mariposa CA 95389– Property Number: 61200430026 Property Number: 31199920002 Landholding Agency: Interior Status: Unutilized Status: Excess Property Number: 61200430002 Reason: Extensive deterioration Reason: Contamination Status: Unutilized Bldg. YLS–004 Bldgs. M03, MO14, MO17 Reason: Extensive deterioration Yosemite National Park Sandia National Lab Bldgs. 421–424 Yosemite Lodge Livermore Co: Alameda CA 94550– Yosemite National Park Mariposa Co: CA 95389– Landholding Agency: Energy Upper River Landholding Agency: Interior Property Number: 41200220001 Yosemite Co: Mariposa CA 95389– Property Number: 61200430027 Status: Excess Landholding Agency: Interior Status: Unutilized Reason: Extensive deterioration Property Number: 61200430003 Reason: Extensive deterioration Bldgs. 9163, 962, 9621 Status: Unutilized Bldg. YLE069 Sandia National Lab Reason: Extensive deterioration Yosemite National Park Livermore Co: Alameda CA 94551– Bldgs. 428–432 Yosemite Lodge Landholding Agency: Energy Yosemite National Park Mariposa Co: CA 95389– Property Number: 41200420001 Lower River Landholding Agency: Interior Status: Unutilized Yosemite Co: Mariposa CA 95389– Property Number: 61200430028 Reason: Secured Area Landholding Agency: Interior Status: Unutilized Bldg. 29D Property Number: 61200430004 Reason: Extensive deterioration Berkeley National Lab Status: Unutilized Bldg. 1000 A & B Berkeley Co: Alameda CA 94720– Reason: Extensive deterioration Yosemite National Park Landholding Agency: Energy Bldgs. 451, 452 Yosemite Lodge Property Number: 41200430070 Yosemite National Park Mariposa Co: CA 95389– Status: Excess Group Campgrounds Landholding Agency: Interior Reason: Extensive deterioration Yosemite Co: Mariposa CA 95389– Property Number: 61200430029 Mobile Home/T00706 Landholding Agency: Interior Status: Unutilized Yosemite Natl Park Property Number: 61200430005 Reason: Extensive deterioration 5001 Trailer Court Status: Unutilized Bldgs. 1000C, 1000D El Portal Co: Mariposa CA 95318– Reason: Extensive deterioration Yosemite National Park Landholding Agency: Interior Bldg. 438 Yosemite Lodge Property Number: 61200340009 Golden Gate Natl Rec Mariposa Co: CA 95389– Status: Unutilized Camino Del Canyon Landholding Agency: Interior Reason: Extensive deterioration Mill Valley Co: Marin CA 94941– Property Number: 61200430030 133/215 Conlon Landholding Agency: Interior Status: Unutilized Golden Gate Natl Rec Area Property Number: 61200430012 Reason: Extensive deterioration Mill Valley Co: Marin CA 94941– Status: Unutilized Post Office Landholding Agency: Interior Reason: Extensive deterioration Yosemite National Park Property Number: 61200340011 Bldg. 490 Yosemite Lodge Status: Unutilized Golden Gate Natl Rec Mariposa Co: CA 95389– Reason: Extensive deterioration Camino Del Canyon Landholding Agency: Interior Bldg. 3410 Mill Valley Co: Marin CA 94941– Property Number: 61200430031 Yosemite National Park Landholding Agency: Interior Status: Unutilized Vogelsang Property Number: 61200430013 Reason: Extensive deterioration Yosemite Co: Mariposa CA 95389– Status: Unutilized Boiler Room Landholding Agency: Interior Reason: Extensive deterioration Yosemite National Park Property Number: 61200420008 Bldgs. 666A, 666B Yosemite Lodge Status: Unutilized Golden Gate Natl Rec Mariposa Co: CA 95389– Reason: Extensive deterioration Camino Del Canyon Landholding Agency: Interior Bldgs. 06240 thru 06245 Mill Valley Co: Marin CA 94941– Property Number: 61200430032 Yosemite National Park Landholding Agency: Interior Status: Unutilized Tamarack Flat Property Number: 61200430014 Reason: Extensive deterioration Yosemite Co: Mariposa CA 95389– Status: Unutilized Bldg. 4177 Landholding Agency: Interior Reason: Extensive deterioration Yosemite National Park Property Number: 61200420009 Bldg. 690 Mariposa Co: CA 95389– Status: Unutilized Golden Gate Natl Rec Landholding Agency: Interior Reason: Extensive deterioration Camino Del Canyon Property Number: 61200430036 Bldg./Lodge Mill Valley Co: Marin CA 94941– Status: Unutilized Yosemite National Park Landholding Agency: Interior Reason: Extensive deterioration Yosemite Co: Mariposa CA 95389– Property Number: 61200430015 Bldg. 4153 Landholding Agency: Interior Status: Unutilized Yosemite National Park Property Number: 61200420011 Reason: Extensive deterioration Mariposa Co: CA 95389– Status: Unutilized Tract 113–65 Landholding Agency: Interior Reason: Extensive deterioration Santa Monica Mountains Property Number: 61200430037 Bldgs. 412–414 National Recreation Status: Unutilized Yosemite National Park Malibu Co: Los Angeles CA 90265– Reason: Extensive deterioration
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8445
Bldg. 4205 Property Number: 77200430007 Rocky Flats Env. Tech Site Yosemite National Park Status: Excess Golden Co: Jefferson CO 80020– Mariposa Co: CA 95389– Reason: Extensive deterioration Landholding Agency: Energy Landholding Agency: Interior Bldg. 2 Property Number: 41199930022 Property Number: 61200430038 Naval Base Status: Underutilized Status: Unutilized Point Loma Co: CA Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Landholding Agency: Navy explosive material, Secured Area Bldg. 4730 Property Number: 77200430054 Bldg. 770 Yosemite National Park Status: Excess Rocky Flats Env. Tech Site Mariposa Co: CA 95389– Reasons: Within 2000 ft. of flammable or Golden Co: Jefferson CO 80020– Landholding Agency: Interior explosive material, Secured Area, Landholding Agency: Energy Property Number: 61200430039 Extensive deterioration Property Number: 41199930023 Status: Unutilized 4 Bldgs. Status: Underutilized Reason: Extensive deterioration Naval Base Reasons: Within 2000 ft. of flammable or Bldgs. 4176, 4183 Port Hueneme Co: Ventura CA 93043– explosive material, Secured Area Yosemite National Park Location: PH–1413, PH–1254, PH–1323, PH– Bldg. 771 Wawona Co: Mariposa CA 95389– 1162 Rocky Flats Env. Tech Site Landholding Agency: Interior Landholding Agency: Navy Golden Co: Jefferson CO 80020– Property Number: 61200430040 Property Number: 77200430055 Landholding Agency: Energy Status: Unutilized Status: Unutilized Property Number: 41199930024 Reason: Extensive deterioration Reason: Secured Area Status: Underutilized Randa House Bldg. 03890 Reasons: Within 2000 ft. of flammable or National Recreation Area Naval Air Weapons Station explosive material, Secured Area Agoura Hills Co: Los Angeles CA 91301– China Lake Co: CA 93555– Bldg. 771B Landholding Agency: Interior Landholding Agency: Navy Rocky Flats Env. Tech Site Property Number: 61200510003 Property Number: 77200430056 Golden Co: Jefferson CO 80020– Status: Unutilized Status: Excess Landholding Agency: Energy Reason: Extensive deterioration Reason: Extensive deterioration Property Number: 41199930025 Bldg. 652 Bldg. 440 Status: Underutilized Naval Air Station Naval Base Point Loma Reasons: Within 2000 ft. of flammable or North Island Co: CA Fleet Warfare Center explosive material, Secured Area Landholding Agency: Navy San Diego Co: CA Bldg. 771C Property Number: 77200430001 Landholding Agency: Navy Rocky Flats Env. Tech Site Property Number: 77200440002 Status: Excess Golden Co: Jefferson CO 80020– Status: Excess Reason: Extensive deterioration Landholding Agency: Energy Reason: Extensive deterioration Bldg. 2486 Property Number: 41199930026 Marine Corps Base Bldgs. 20, 25 Status: Underutilized Camp Pendleton Co: CA 92055– Naval Base Point Loma Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy San Diego Co: CA explosive material, Secured Area Landholding Agency: Navy Property Number: 77200430002 Bldg. 774 Property Number: 77200440016 Status: Excess Rocky Flats Env. Tech Site Status: Unutilized Reason: Extensive deterioration Golden Co: Jefferson CO 80020– Reason: Extensive deterioration Bldg. 13140 Landholding Agency: Energy Marine Corps Base Colorado Property Number: 41199930029 Camp Pendleton Co: CA 92055– Bldg. 34 Status: Underutilized Landholding Agency: Navy Grand Junction Projects Office Reasons: Within 2000 ft. of flammable or Property Number: 77200430003 Grand Junction Co: Mesa CO 81503– explosive material, Secured Area Status: Excess Landholding Agency: Energy Bldg. 776 Reason: Extensive deterioration Property Number: 41199540001 Rocky Flats Environmental Tech Site Bldgs. 22141, 22142 Status: Underutilized Golden Co: Jefferson CO 80020– Marine Corps Base Reasons: Contamination, Secured Area Landholding Agency: Energy Camp Pendleton Co: CA 92055– Bldg. 35 Property Number: 41200010001 Landholding Agency: Navy Grand Junction Projects Office Status: Excess Property Number: 77200430004 Grand Junction Co: Mesa CO 81503– Reasons: Within 2000 ft. of flammable or Status: Excess Landholding Agency: Energy explosive material, Secured Area Reason: Extensive deterioration Property Number: 41199540002 Bldg. 777 Bldg. 25170 Status: Underutilized Rocky Flats Environmental Tech Site Marine Corps Base Reasons: Contamination, Secured Area Golden Co: Jefferson CO 80020– Camp Pendleton Co: CA 92055– Bldg. 36 Landholding Agency: Energy Landholding Agency: Navy Grand Junction Projects Office Property Number: 41200010002 Property Number: 77200430005 Grand Junction Co: Mesa CO 81503– Status: Excess Status: Excess Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Property Number: 41199540003 explosive material, Secured Area Bldgs. 31340, 31341 Status: Underutilized Bldg. 778 Marine Corps Base Reasons: Contamination, Secured Area Rocky Flats Environmental Tech Site Camp Pendleton Co: CA 92055– Bldg. 727 Golden Co: Jefferson CO 80020– Landholding Agency: Navy Rocky Flats Environmental Tech Site Landholding Agency: Energy Property Number: 77200430006 Golden Co: Jefferson CO 80020– Property Number: 41200010003 Status: Excess Landholding Agency: Energy Status: Excess Reason: Extensive deterioration Property Number: 41199910001 Reasons: Within 2000 ft. of flammable or Bldg. 52652 Status: Unutilized explosive material, Secured Area Marine Corps Base Reasons: Within 2000 ft. of flammable or Structure 771 TUN Camp Pendleton Co: CA 92055– explosive material, Secured Area Rocky Flats Environmental Tech Site Landholding Agency: Navy Bldg. 717 Golden Co: Jefferson CO 80020–
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8446 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Landholding Agency: Energy Status: Excess Landholding Agency: GSA Property Number: 41200010006 Reasons: Within 2000 ft. of flammable or Property Number: 54200440008 Status: Excess explosive material, Secured Area Status: Underutilized Reasons: Within 2000 ft. of flammable or Bldgs. 120, 120B Reason: Secured Area explosive material, Secured Area Rocky Flats Env Tech Site GSA Number: 7–B–CO–0653 Bldgs. 124, 129 Golden Co: Jefferson CO 80020– Connecticut Rocky Flats Env. Tech. Site Landholding Agency: Energy Golden Co: Jefferson CO 80020– Property Number: 41200340004 Hezekiah S. Ramsdell Farm Landholding Agency: Energy Status: Excess West Thompson Lake Property Number: 41200220002 Reason: Secured Area North Grosvenordale Co: Windham CT 06255–9801 Status: Excess Bldgs. 121, 122, 122S Reasons: Within 2000 ft. of flammable or Rocky Flats Env. Tech. Site Landholding Agency: COE explosive material, Secured Area Golden Co: Jefferson CO 80020– Property Number: 31199740001 Bldgs. 371, 374, 374A Landholding Agency: Energy Status: Unutilized Rocky Flats Env. Tech. Site Property Number: 41200340005 Reasons: Floodway, Extensive deterioration Golden Co: Jefferson CO 80020– Status: Excess Bldgs. 25 and 26 Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Prospect Hill Road Property Number: 41200220003 explosive material, Secured Area Windsor Co: Hartford CT 06095– Status: Excess Bldg. 223 Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Rocky Flats Env Tech Site Property Number: 41199440003 explosive material, Secured Area Golden Co: Jefferson CO 80020– Status: Excess Bldgs. 561, 562 Landholding Agency: Energy Reason: Secured Area Rocky Flats Env. Tech. Site Property Number: 41200340008 9 Bldgs. Golden Co: Jefferson CO 80020– Status: Excess Knolls Atomic Power Lab, Windsor Site Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Windsor Co: Hartford CT 06095– Property Number: 41200220007 explosive material, Secured Area Landholding Agency: Energy Status: Excess Bldgs. 331, 331A Property Number: 41199540004 Reasons: Within 2000 ft. of flammable or Rocky Flats Env Tech Site Status: Excess explosive material, Secured Area Golden Co: Jefferson CO 80020– Reason: Secured Area Bldgs. 701, 705–708 Landholding Agency: Energy Bldg. 8, Windsor Site Rocky Flats Env. Tech. Site Property Number: 41200340010 Knolls Atomic Power Lab Golden Co: Jefferson CO 80020– Status: Excess Windsor Co: Hartford CT 06095– Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Property Number: 41200220011 explosive material, Secured Area Property Number: 41199830006 Status: Excess Bldgs. 444, 445 Status: Unutilized Reasons: Within 2000 ft. of flammable or Rocky Flats Env Tech Site Reason: Extensive deterioration explosive material, Secured Area Golden Co: Jefferson CO 80020– Florida Bldgs. 714, 715, 718 Landholding Agency: Energy Bldg. SF–15 Rocky Flats Env. Tech. Site Property Number: 41200340013 Sub-Office Operations Golden Co: Jefferson CO 80020– Status: Excess Clewiston Co: Hendry FL 33440– Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Landholding Agency: COE Property Number: 41200220012 explosive material, Secured Area Property Number: 31200430003 Status: Excess Bldgs. 447, 448 Status: Unutilized Reasons: Within 2000 ft. of flammable or Rocky Flats Env Tech Site Reasons: Secured Area, Extensive explosive material, Secured Area Golden Co: Jefferson CO 80020– deterioration Bldgs. 731, 732 Landholding Agency: Energy Bldg. SF–16 Rocky Flats Env. Tech. Site Property Number: 41200340014 Sub-Office Operations Golden Co: Jefferson CO 80020– Status: Excess Clewiston Co: Hendry FL 33440– Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Landholding Agency: COE Property Number: 41200220013 explosive material, Secured Area Property Number: 31200430004 Status: Excess Bldg. 460 Status: Unutilized Reasons: Within 2000 ft. of flammable or Rocky Flats Env Tech Site Reason: Secured Area explosive material, Secured Area Golden Co: Jefferson CO 80020– Bldg. SF–17 Bldgs. 881, 881F, 881H Landholding Agency: Energy Sub-Office Operations Rocky Flats Env. Tech. Site Property Number: 41200340016 Clewiston Co: Hendry FL 33440– Golden Co: Jefferson CO 80020– Status: Excess Landholding Agency: COE Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Property Number: 31200430005 Property Number: 41200220018 explosive material, Secured Area Status: Unutilized Status: Excess Bldgs. 920, 920B Reasons: Secured Area, Extensive Reasons: Within 2000 ft. of flammable or Rocky Flats Env Tech Site deterioration explosive material, Secured Area Golden Co: Jefferson CO 80020– Bldgs. 1559, 1963 Bldgs. 883–885, 887 Landholding Agency: Energy Property Number: 41200340019 Naval Station Rocky Flats Env. Tech. Site Mayport Co: Duval FL 32228– Golden Co: Jefferson CO 80020– Status: Excess Reason: Secured Area Landholding Agency: Navy Landholding Agency: Energy Property Number: 77200430008 Property Number: 41200220019 Loveland Substation Status: Unutilized Status: Excess Loveland Co: Larimer CO 80537– Reasons: Within 2000 ft. of flammable or Reasons: Within 2000 ft. of flammable or Landholding Agency: GSA explosive material, Secured Area explosive material, Secured Area Property Number: 54200440007 Bldg. 891 Status: Surplus Georgia Rocky Flats Env. Tech. Site Reason: Secured Area Prop. ID HAR18015 Golden Co: Jefferson CO 80020– GSA Number: 7–B–CO–0654 Hartwell Project Landholding Agency: Energy Pueblo Substation Hartwell GA 30643– Property Number: 41200220020 Pueblo Co: CO 81006– Landholding Agency: COE
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8447
Property Number: 31200310001 Property Number: 77200410029 U.S. Naval Forces Status: Unutilized Status: Excess Dededo Co: GU 96540– Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: Navy Prop. ID RBR17830 Bldg. 741 Property Number: 77200510007 Russell Dam Dr. Naval Forces Status: Unutilized Elberton GA 30635– Marianas Co: Waterfront GU Reason: Secured Area Landholding Agency: COE Landholding Agency: Navy Hawaii Property Number: 31200310002 Property Number: 77200410030 Status: Unutilized Status: Excess Bldg. 621 Reason: Secured Area Reason: Extensive deterioration Naval Station, Pearl Harbor Honolulu HI 96860– Prop. ID RBR17832 Bldg. 865 Landholding Agency: Navy Naval Forces Russell Dam Drive Property Number: 77200310001 Marianas Co: Waterfront GU Elberton GA 30635– Status: Excess Landholding Agency: Navy Landholding Agency: COE Reason: Extensive deterioration Property Number: 31200310003 Property Number: 77200410031 Status: Unutilized Status: Excess Bldg. 517 Reason: Secured Area Reason: Extensive deterioration Naval Station Beckoning Point Bldg. 3011 Bldg. #WRSH18 Pearl Harbor Co: Honolulu HI 96860– Naval Forces West Point Lake Landholding Agency: Navy Marianas Co: Waterfront GU West Point Co: GA 31833– Property Number: 77200430010 Landholding Agency: Navy Landholding Agency: COE Status: Excess Property Number: 77200410032 Property Number: 31200430006 Reason: Extensive deterioration Status: Unutilized Status: Excess Bldg. 79 Reason: Secured Area Reason: Extensive deterioration Naval Station Bldg. 464 Bldg. W03 Ford Island Co: Pearl Harbor HI 96860– Naval Forces West Point Lake Landholding Agency: Navy Marianas Co: Waterfront GU West Point Co: GA 31833– Property Number: 77200430029 Landholding Agency: Navy Landholding Agency: COE Status: Underutilized Property Number: 77200410041 Property Number: 31200430007 Reason: Secured Area Status: Unutilized Status: Excess Bldg. 62NS Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Naval Station Bldgs. 122, 171, 198 explosive material, Secured Area, Beckoning Point U.S. Naval Forces Extensive deterioration Pearl Harbor Co: Honolulu HI 96860– Dededo Co: GU 96540– Gatehouse #W03 Landholding Agency: Navy Landholding Agency: Navy West Point Lake Property Number: 77200440003 Property Number: 77200510001 West Point Co: GA 31833–9517 Status: Unutilized Status: Unutilized Landholding Agency: COE Reason: Secured Area Reason: Secured Area Property Number: 31200510001 Bldg. 63NS Bldg. 224B Status: Unutilized Naval Station U.S. Naval Forces Reason: Extensive deterioration Beckoning Point Dededo Co: GU 96540– WRSH14, WRSH15, WRSH18 Pearl Harbor Co: Honolulu HI 96860– Landholding Agency: Navy West Point Lake Landholding Agency: Navy Property Number: 77200510002 West Point Co: GA 31833–9517 Property Number: 77200440004 Status: Unutilized Landholding Agency: COE Status: Unutilized Reason: Secured Area Property Number: 31200510002 Reason: Secured Area Status: Unutilized Bldgs. 286, 295 Reason: Extensive deterioration U.S. Naval Forces Idaho Quarters #7 Dededo Co: GU 96540– Bldg. AFD0070 Chattahoochee River Natl Rec Area Landholding Agency: Navy Albeni Falls Dam Atlanta Co: Cobb GA 30350– Property Number: 77200510003 Oldtown Co: Bonner ID 83822– Status: Unutilized Landholding Agency: Interior Landholding Agency: COE Reason: Secured Area Property Number: 61200510001 Property Number: 31199910001 Status: Unutilized Bldgs. 304, 322, 387 Status: Unutilized Reason: Extensive deterioration U.S. Naval Forces Reason: Extensive deterioration Dededo Co: GU 96540– Bldg. CPP–691 Guam Landholding Agency: Navy Idaho National Engineering Laboratory Bldg. 262 Property Number: 77200510004 Scoville Co: Butte ID 83415– Naval Forces Status: Unutilized Landholding Agency: Energy Marianas Co: Waterfront GU Reason: Secured Area Property Number: 41199610003 Landholding Agency: Navy Bldgs. 451, 454 Status: Unutilized Property Number: 77200410027 U.S. Naval Forces Reason: Secured Area Status: Excess Dededo Co: GU 96540– Bldg. TAN–636 Reason: Extensive deterioration Landholding Agency: Navy Idaho National Engineering Laboratory Bldg. 369A Property Number: 77200510005 Scoville Co: Butte ID 83415– Naval Forces Status: Unutilized Landholding Agency: Energy Marianas Co: Waterfront GU Reason: Secured Area Property Number: 41199610008 Landholding Agency: Navy Bldg. 467 Status: Unutilized Property Number: 77200410028 U.S. Naval Forces Reason: Secured Area Status: Excess Dededo Co: GU 96540– Bldg. TAN–670 Reason: Extensive deterioration Landholding Agency: Navy Idaho National Engineering Laboratory Bldg. 739 Property Number: 77200510006 Scoville Co: Butte ID 83415– Naval Forces Status: Unutilized Landholding Agency: Energy Marianas Co: Waterfront GU Reason: Secured Area Property Number: 41199610010 Landholding Agency: Navy Bldgs. 488, 489 Status: Unutilized
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8448 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. TRA–669 Property Number: 41199610037 Property Number: 41200410026 Idaho National Engineering Laboratory Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy 8 Bldgs. Bldg. TAN731 Property Number: 41199610013 Idaho Natl Engineering & Environmental Lab Idaho Natl Eng & Env Lab Status: Unutilized Test Reactor North Scoville Co: Butte ID 83415– Reason: Secured Area Scoville Co: Butte ID 83415– Landholding Agency: Energy Bldg. TAN–637 Location: TRA 643, 644, 655, 660, 704–706, Property Number: 41200410028 Idaho National Engineering Laboratory 755 Status: Excess Scoville Co: Butte ID 83415– Landholding Agency: Energy Reason: Secured Area Landholding Agency: Energy Property Number: 41199830003 Bldg. Tan 624 Property Number: 41199610014 Status: Excess Idaho Natl Eng & Env Lab Status: Unutilized Reasons: Within 2000 ft. of flammable or Scoville Co: Butte ID 83415– Reason: Secured Area explosive material, Secured Area Landholding Agency: Energy Bldg. TAN–651 Bldg. CPDTB1 Property Number: 41200410031 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldgs. Tan 630, Tan 633 Property Number: 41199610017 Property Number: 41200410009 Idaho Natl Eng & Env Lab Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. TRA–673 Bldg. CPP620A Property Number: 41200410032 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldgs. Tan 649, Tan 650 Property Number: 41199610018 Property Number: 41200410012 Idaho Natl Eng & Env Lab Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. PBF–620 Bldg. CPP637/620 Property Number: 41200410033 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 694 Property Number: 41199610019 Property Number: 41200410013 Idaho Natl Eng & Env Lab Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. PBF–619 Bldgs. CPP638, CPP642 Property Number: 41200410034 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. Tan 719 Property Number: 41199610022 Property Number: 41200410014 Idaho Natl Eng & Env Lab Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. PBF–625 Bldg. CPP 743 Property Number: 41200410035 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldgs. Tan 725, Tan 726 Property Number: 41199610024 Property Number: 41200410020 Idaho Natl Eng & Env Lab Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. PBF–629 Bldgs. CPP1647, 1653 Property Number: 41200410036 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg.TRA 647 Property Number: 41199610025 Property Number: 41200410022 Idaho Natl Eng & Env Lab Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. PBF–604 Bldg. CPP1677 Property Number: 41200420006 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldgs. TRA651, TRA656 Property Number: 41199610026 Property Number: 41200410023 Idaho Natl Eng & Env Lab Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. TRA–641 Bldgs. TAN640, TAN641 Property Number: 41200420007 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. TRA 663 Property Number: 41199610034 Property Number: 41200410024 Idaho Natl Eng & Env Lab Status: Unutilized Status: Excess Scoville Co: Butte ID 83415– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. CF–606 Bldgs. TAN645, TAN646 Property Number: 41200420008 Idaho National Engineering Laboratory Idaho Natl Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8449
Bldg. TRA 779 Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Idaho Natl Eng & Env Lab Location: CPP1713, CPP1749, CPP1750, Location: TRA657, TRA661, TRA668 Scoville Co: Butte ID 83415– CPP1767, CPP1769 Landholding Agency: Energy Landholding Agency: Energy Landholding Agency: Energy Property Number: 41200430093 Property Number: 41200420009 Property Number: 41200430078 Status: Excess Status: Excess Status: Excess Reason: Secured Area Reason: Secured Area Reason: Secured Area Bldg. TAN711 Bldg. PBF 731 5 Bldgs. Idaho National Eng & Env Lab Idaho Natl Eng & Env Laboratory Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Scovile Co: Butte ID 83415– Scoville Co: Butte ID 83415– Landholding Agency: Energy Landholding Agency: Energy Location: CPP1770, CPP1771, CPP1772, Property Number: 41200430094 Property Number: 41200420023 CPP1774, CPP1776 Status: Excess Status: Excess Landholding Agency: Energy Reason: Secured Area Reason: Secured Area Property Number: 41200430079 6 Bldgs. Bldgs. CPP1604–CPP1608 Status: Excess Idaho National Eng & Env Lab Idaho National Eng & Env Lab Reason: Secured Area Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– 4 Bldgs. Location: CPP602–CPP606, CPP609 Landholding Agency: Energy Idaho National Eng & Env Lab Landholding Agency: Energy Property Number: 41200430071 Scoville Co: Butte ID 83415– Property Number: 41200430095 Status: Excess Location: CPP1778, CPP1779, CPP1780, Status: Excess Reason: Secured Area CPP1784 Reason: Secured Area Bldgs. CPP1617–CPP1619 Landholding Agency: Energy 5 Bldgs. Idaho National Eng & Env Lab Property Number: 41200430080 Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Status: Excess Scoville Co: Butte ID 83415– Landholding Agency: Energy Reason: Secured Area Location: CPP611–CPP614, CPP616 Property Number: 41200430072 4 Bldgs. Landholding Agency: Energy Status: Excess Idaho National Eng & Env Lab Property Number: 41200430096 Reason: Secured Area Scoville Co: Butte ID 83415– Status: Excess 6 Bldgs. Location: CPP1789, CPP1790, CPP1792, Reason: Secured Area Idaho National Eng & Env Lab CPP1794 4 Bldgs. Scoville Co: Butte ID 83415– Landholding Agency: Energy Idaho National Eng & Env Lab Location: CPP1631, CPP1634, CPP1635, Property Number: 41200430081 Scoville Co: Butte ID 83415– CPP1636, CPP1637, CPP1638 Status: Excess Location: CPP621, CPP626, CPP630, CPP639 Landholding Agency: Energy Reason: Secured Area Landholding Agency: Energy Property Number: 41200430073 Bldgs. CPP2701, CPP2706 Property Number: 41200430097 Status: Excess Idaho National Eng & Env Lab Status: Excess Reason: Secured Area Scoville Co: Butte ID 83415– Reason: Secured Area 5 Bldgs. Landholding Agency: Energy 4 Bldgs. Idaho National Eng & Env Lab Property Number: 41200430082 Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Status: Excess Scoville Co: Butte ID 83415– Location: CPP1642, CPP1643, CPP1644, Reason: Secured Area Location: CPP641, CPP644, CPP645, CPP649 CPP1646, CPP1649 3 Bldgs. Landholding Agency: Energy Landholding Agency: Energy Idaho National Eng & Env Lab Property Number: 41200430098 Property Number: 41200430074 Scoville Co: Butte ID 83415– Status: Excess Status: Excess Location: TRA603, TRA604, TRA610 Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldgs. CPP651–CPP655 3 Bldgs. Property Number: 41200430089 Idaho National Eng & Env Lab Idaho National Eng & Env Lab Status: Excess Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Location: CPP1650, CPP1651, CPP1656 Bldg. TAN611 Property Number: 41200430099 Landholding Agency: Energy Idaho National Eng & Env Lab Status: Excess Property Number: 41200430075 Scoville Co: Butte ID 83415– Reason: Secured Area Status: Excess Landholding Agency: Energy Bldgs. CPP659–CPP663 Reason: Secured Area Property Number: 41200430090 Idaho National Eng & Env Lab 5 Bldgs. Status: Excess Scoville Co: Butte ID 83415– Idaho National Eng & Env Lab Reason: Secured Area Landholding Agency: Energy Scoville Co: Butte ID 83415– 5 Bldgs. Property Number: 41200440001 Location: CPP1662, CPP1663, CPP1671, Idaho National Eng & Env Lab Status: Excess CPP1673, CPP1674 Scoville Co: Butte ID 83415– Reason: Secured Area Landholding Agency: Energy Location: TRA626, TRA635, TRA642, Bldgs. CPP666, CPP668 Property Number: 41200430076 TRA648, TRA654 Idaho Naitonal Eng & Env Lab Status: Excess Landholding Agency: Energy Scoville Co: Butte ID 83415– Reason: Secured Area Property Number: 41200430091 Landholding Agency: Energy 5 Bldgs. Status: Excess Property Number: 41200440002 Idaho National Eng & Env Lab Reason: Secured Area Status: Excess Scoville Co: Butte ID 83415– Bldg. TAN655 Reason: Secured Area Location: CPP1678, CPP1682, CPP1683, Idaho National Eng & Env Lab 3 Bldgs. CPP1684, CPP1686 Scoville Co: Butte ID 83415– Idaho National Eng & Env Lab Landholding Agency: Energy Landholding Agency: Energy Scoville Co: Butte ID 83415– Property Number: 41200430077 Property Number: 41200430092 Location: CPP674, CPP675, CPP679 Status: Excess Status: Excess Landholding Agency: Energy Reason: Secured Area Reason: Secured Area Property Number: 41200440003 5 Bldgs. 3 Bldgs. Status: Excess Idaho National Eng & Env Lab Idaho National Eng & Env Lab Reason: Secured Area
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8450 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
1 Bldgs. Reason: Secured Area 3 Bldgs. Idaho National Eng & Env Lab 3 Bldgs. Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Idaho National Eng & Env Lab TAN607, TAN666, TAN668 Location: CPP684 CPP753, CPP753A, CPP754 Scoville Co: Butte ID 83415– Landholding Agency: Energy Scoville Co: Butte ID 83415– Landholding Agency: Energy Property Number: 41200440004 Landholding Agency: Energy Property Number: 41200440027 Status: Excess Property Number: 41200440017 Status: Excess Reason: Secured Area Status: Excess Reason: Secured Area 5 Bldgs. Reason: Secured Area Bldgs. TAN704, TAN733 Idaho National Eng & Env Lab Bldgs. CPP760, CPP763 Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Location: CPP692, CPP694, CPP697–CPP699 Scoville Co: Butte ID 83415– Landholding Agency: Energy Landholding Agency: Energy Landholding Agency: Energy Property Number: 41200440028 Property Number: 41200440005 Property Number: 41200440018 Status: Excess Status: Excess Status: Excess Reason: Secured Area Reason: Secured Area Reason: Secured Area Bldgs. TAN1611, TAN1614 3 Bldgs. Bldgs. CPP764, CPP765 Idaho National Eng & Env Lab Idaho National Eng & Env Lab Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Scoville Co: Butte ID 83415– Landholding Agency: Energy Location: CPP701, CPP701A, CPP708 Landholding Agency: Energy Property Number: 41200440029 Landholding Agency: Energy Property Number: 41200440019 Status: Excess Property Number: 41200440006 Status: Excess Reason: Secured Area Status: Excess Reason: Secured Area Bldgs. CF604, CF680 Reason: Secured Area Bldgs. CPP767, CPP768 Idaho Natl Eng & Env Lab Bldgs. 711, 719A Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Landholding Agency: Energy Scoville Co: Butte ID 83415– Landholding Agency: Energy Property Number: 41200440034 Landholding Agency: Energy Property Number: 41200440020 Status: Excess Property Number: 41200440007 Status: Excess Reason: Secured Area Status: Excess Reason: Secured Area Bldg. 0708 Reason: Secured Area Bldgs. CPP791, CPP795 Middleton Co: Canyon ID 83644– 4 Bldgs. Idaho National Eng & Env Lab Landholding Agency: Interior Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Property Number: 61200420005 Scoville Co: Butte ID 83415– Landholding Agency: Energy Status: Unutilized Location: CPP724–CPP726, CPP728 Property Number: 41200440021 Reason: Extensive deterioration Landholding Agency: Energy Status: Excess Bldg. 0709 Property Number: 41200440008 Reason: Secured Area Middleton Co: Canyon ID 83644– Status: Excess 3 Bldgs. Landholding Agency: Interior Reason: Secured Area Idaho National Eng & Env Lab Property Number: 61200420006 Bldg. CPP729/741 CPP796, CPP797, CPP799 Status: Unutilized Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Reason: Extensive deterioration Scoville Co: Butte ID 83415– Landholding Agency: Energy Bldg. 0717 Landholding Agency: Energy Property Number: 41200440022 Fruitland Co: Payette ID 83619– Property Number: 41200440012 Status: Excess Landholding Agency: Interior Status: Excess Reason: Secured Area Property Number: 61200420007 Reason: Secured Area Bldgs. CPP701B, CPP719 Status: Unutilized Bldgs. CPP733, CPP736 Idaho National Eng & Env Lab Reason: Extensive deterioration Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Illinois Scoville Co: Butte ID 83415– Landholding Agency: Energy Landholding Agency: Energy Property Number: 41200440023 Bldgs. 3220, 3221 Property Number: 41200440013 Status: Excess Naval Station Great Lakes Co: IL 60088– Status: Excess Reason: Secured Area Landholding Agency: Navy Reason: Secured Area Bldgs. CPP720A, CPP720B Property Number: 77200440008 Bldgs. CPP740, CPP742 Idaho National Eng & Env Lab Status: Excess Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Reason: Extensive deterioration Scoville Co: Butte ID 83415– Landholding Agency: Energy Bldgs. 3311, 3312 Landholding Agency: Energy Property Number: 41200440024 Naval Station Property Number: 41200440014 Status: Excess Great Lakes Co: IL 60088– Status: Excess Reason: Secured Area Landholding Agency: Navy Reason: Secured Area Bldg. CPP1781 Property Number: 77200510008 Bldgs. CPP746, CPP748 Idaho National Eng & Env Lab Status: Excess Idaho National Eng & Env Lab Scoville Co: Butte ID 83415– Reason: Extensive deterioration Scoville Co: Butte ID 83415– Landholding Agency: Energy Landholding Agency: Energy Property Number: 41200440025 Indiana Property Number: 41200440015 Status: Excess Bldg. 2780 Status: Excess Reason: Secured Area Naval Support Activity Reason: Secured Area 2 Bldgs. Crane Co: Martin IN 47522– 3 Bldgs. Idaho National Eng & Env Lab Landholding Agency: Navy Idaho National Eng & Env Lab CPP0000VES–UTI–111, VES–UTI–112 Property Number: 77200430015 CPP750, CPP751, CPP752 Scoville Co: Butte ID 83415– Status: Excess Scoville Co: Butte ID 83415– Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Property Number: 41200440026 explosive material, Secured Area, Property Number: 41200440016 Status: Excess Extensive deterioration Status: Excess Reason: Secured Area Bldg. 2893
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8451
Naval Support Activity Mystic Co: Appanoose IA 52574– Landing Agency: COE Crane Co: Martin IN 47522– Landholding Agency: COE Property Number: 31200220005 Landholding Agency: Navy Property Number: 31200220002 Status: Excess Property Number: 77200430016 Status: Excess Reason: Extensive deterioration Status: Excess Reason: Extensive deterioration Comfort Station Reasons: Within 2000 ft. of flammable or Storage Bldg. Clinton Lake Project explosive material, Secured Area, Rathbun Project Lawrence Co: Douglas KS 66049– Extensive deterioration Moravia Co: Appanoose IA 52571– Landing Agency: COE Bldgs. 113, 114 Landholding Agency: COE Property Number: 31200220006 Naval Support Activity Property Number: 31200330001 Status: Excess Crane Co: Martin IN 47522– Status: Excess Reason: Extensive deterioration Landholding Agency: Navy Reason: Extensive deterioration Privie Property Number: 77200430017 Bldg. Perry Lake Status: Excess Island View Park Perry Co: Jefferson KS 66074– Reasons: Within 2000 ft. of flammable or Rathbun Project Landing Agency: COE explosive material, Secured Area, Centerville Co: Appanoose IA 52544– Property Number: 31200310004 Extensive deterioration Landholding Agency: COE Status: Unutilized Bldg. 181 Property Number: 31200330002 Reason: Extensive deterioration Naval Support Activity Status: Excess Shower Crane Co: Martin IN 47522– Reason: Extensive deterioration Perry Lake Landholding Agency: Navy Tract 137 Perry Co: Jefferson KS 66073– Property Number: 77200430018 Camp Dodge Landholding Agency: COE Status: Excess Johnston Co: Polk IA 50131–1902 Property Number: 31200310005 Reasons: Within 2000 ft. of flammable or Landholding Agency: COE Status: Unutilized explosive material, Secured Area, Property Number: 31200410001 Reason: Extensive deterioration Extensive deterioration Status: Excess Tool Shed Bldg. 2109 Reason: Extensive deterioration Perry Lake Naval Support Activity Rathbun 29369, 29368 Perry Co: Jefferson KS 66073– Crane Co: Martin IN 47522– Island View park Landholding Agency: COE Landholding Agency: Navy Centerville Co: Appanoose IA 52544– Property Number: 31200310006 Property Number: 77200430019 Landing Agency: COE Status: Unutilized Status: Excess Property Number: 31200510003 Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or Status: Excess Bldg. M37 explosive material, Secured Area, Reason: Extensive deterioration Minooka Park Extensive deterioration Sylvan Grove Co: Russell KS 67481– Bldg. 2777 Kansas Landholding Agency: COE Naval Support Activity No. 01017 Property Number: 31200320002 Crane Co: Martin IN 47522– Kanopolis Project Status: Excess Landholding Agency: Navy Marquette Co: Ellsworth KS 67456– Reason: Extensive deterioration Property Number: 77200430020 Landing Agency: COE Bldg. M38 Status: Excess Property Number: 31200210001 Minooka Park Reasons: Within 2000 ft. of flammable or Status: Unutilized Sylvan Grove Co: Russell KS 67481– explosive material, Secured Area, Reason: Extensive deterioration Landholding Agency: COE Extensive deterioration No. 01020 Property Number: 31200320003 Bldg. 2889 Kanopolis Project Status: Excess Naval Support Activity Marquette Co: Ellsworth KS 67456– Reason: Extensive deterioration Crane Co: Martin IN 47522– Landing Agency: COE Bldg. L19 Landholding Agency: Navy Property Number: 31200210002 Lucas Park Property Number: 77200430021 Status: Unutilized Sylvan Grove Co: Russell KS 67481– Status: Excess Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or Landholding Agency: COE explosive material, Secured Area, No. 61001 Property Number: 31200320004 Extensive deterioration Kanopolis Project Status: Unutilized Marquette Co: Ellsworth KS 67456– Reason: Extensive deterioration Bldg. 2926 Landing Agency: COE 2 Bldgs. Naval Support Activity Property Number: 31200210003 Crane Co: Martin IN 47522– Tuttle Creek Lake Status: Unutilized Near Shelters #3 & #4 Landholding Agency: Navy Reason: Extensive deterioration Property Number: 77200430022 Riley KS 66502– Status: Excess Bldg. #1 Landholding Agency: COE Reasons: Within 2000 ft. of flammable or Kanopolis Project Property Number: 31200330003 explosive material, Secured Area, Marquette Co: Ellsworth KS 67456– Status: Excess Extensive deterioration Landing Agency: COE Reason: Extensive deterioration Property Number: 31200220003 Bldg. 3207 6 Bldgs. Status: Excess Naval Support Activity Cottonwood Point/Hillsboro Cove Reason: Extensive deterioration Crane Co: Martin IN 47522– Marion Co: Coffey KS 66861– Landholding Agency: Navy Bldg. #2 Landholding Agency: COE Property Number: 77200430023 Kanopolis Project Property Number: 31200340001 Status: Excess Marquette Co: Ellsworth KS 67456– Status: Excess Reasons: Within 2000 ft. of flammable or Landing Agency: COE Reason: Extensive deterioration explosive material, Secured Area, Property Number: 31200220004 20 Bldgs. Extensive deterioration Status: Excess Riverside Reason: Extensive deterioration Burlington Co: Coffey KS 66839–8911 Iowa Bldg. #4 Landholding Agency: COE Treatment Plant Kanopolis Project Property Number: 31200340002 South Fork Park Marquette Co: Ellsworth KS 67456– Status: Excess
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8452 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Reason: Extensive deterioration Landholding Agency: COE Status: Excess 2 Bldgs. Property Number: 31200410002 Reason: Extensive deterioration Canning Creek/Richey Cove Status: Unutilized Bldgs. 25002, 35012 Council Grove Co: Morris KS 66846–9322 Reason: Extensive deterioration Lucas Park Landholding Agency: COE 2 Bldgs. Sylvan Grove Co: KS 67481– Property Number: 31200340003 Old Garrison Campground Landholding Agency: COE Status: Excess Pottawatomie KS Property Number: 31200510004 Reason: Extensive deterioration Landholding Agency: COE Status: Excess 6 Bldgs. Property Number: 31200410003 Reason: Extensive deterioration Santa Fe Trail/Outlet Channel Status: Unutilized Bldgs. 25006, 25038 Council Grove Co: Morris KS 66846– Reason: Extensive deterioration Lucas Group Camp Landholding Agency: COE 2 Bldgs. Sylvan Grove Co: KS 67481– Property Number: 31200340004 School Creek ORV Area Landholding Agency: COE Status: Excess Junction City KS 66441– Property Number: 31200510005 Reason: Extensive deterioration Landholding Agency: COE Status: Excess Residence Property Number: 31200410004 Reason: Extensive deterioration Melvern Lake Project Status: Excess Kentucky Melvern Co: Osage KS 66510– Reason: Extensive deterioration Spring House Landholding Agency: COE Bldg. Kentucky River Lock and Dam No. 1 Property Number: 31200340005 Slough Creek Park Highway 320 Status: Excess Perry Co: Jefferson KS 66073– Carrollton Co: Carroll KY 41008– Reason: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 2 Bldgs. Property Number: 31200410005 Property Number: 21199040416 Management Park Status: Excess Status: Unutilized Vassar KS 66543– Reason: Extensive deterioration Reason: Spring House Landholding Agency: COE Bldg. 6-Room Dwelling Property Number: 31200340006 Spillway Boat Ramp Green River Lock and Dam No. 3 Status: Excess Sylvan Grove Co: KS 67481– Rochester Co: Butler KY 42273– Reason: Extensive deterioration Landholding Agency: COE Location: Off State Hwy 369, which runs off Bldg. Property Number: 31200430008 of Western Ky. Parkway Hickory Campground Status: Excess Landholding Agency: COE Lawrence KS 66049– Reason: Extensive deterioration Property Number: 31199120010 Landholding Agency: COE Bldg. Status: Unutilized Property Number: 31200340007 Minooka Park Area Reason: Floodway Status: Excess Sylvan Grove Co: KS 67481– 2-Car Garage Reason: Extensive deterioration Landholding Agency: COE Green River Lock and Dam No. 3 Bldg. Property Number: 31200430009 Rochester Co: Butler KY 42273– Rockhaven Park Area Status: Excess Location: Off State Hwy 369, which runs off Lawrence KS 66049– Reason: Extensive deterioration of Western Ky. Parkway Landholding Agency: COE Bldg. Landholding Agency: COE Property Number: 31200340008 Lucas Park Area Property Number: 31199120011 Status: Excess Sylvan Grove Co: KS 67481– Status: Unutilized Reason: Extensive deterioration Landholding Agency: COE Reason: Floodway Bldg. Property Number: 31200430010 Office and Warehouse Overlook Park Area Status: Excess Green River Lock and Dam No. 3 Lawrence KS 66049– Reason: Extensive deterioration Rochester Co: Butler KY 42273– Landholding Agency: COE Bldg. Location: Off State Hwy 369, which runs off Property Number: 31200340009 Sylvan Park Area of Western Ky. Parkway Status: Excess Sylvan Grove Co: KS 67481– Landholding Agency: COE Reason: Extensive deterioration Landholding Agency: COE Property Number: 31199120012 Bldg. Property Number: 31200430011 Status: Unutilized Walnut Campground Status: Excess Reason: Floodway Lawrence KS 66049– Reason: Extensive deterioration 2 Pit Toilets Landholding Agency: COE Bldg. Green River Lock and Dam No. 3 Property Number: 31200340010 North Outlet Area Rochester Co: Butler KY 42273– Status: Excess Junction City Co: KS 66441– Landholding Agency: COE Reason: Extensive deterioration Landholding Agency: COE Property Number: 31199120013 Bldg. Property Number: 31200430012 Status: Unutilized Cedar Ridge Campground Status: Excess Reason: Floodway Lawrence KS 66049– Reason: Extensive deterioration Tract 1379 Landholding Agency: COE 3 Vault Toilets Barkley Lake & Dam Property Number: 31200340011 West Rolling Hills Eddyville Co: Lyon KY 42038– Status: Excess Milford Lake Landholding Agency: COE Reason: Extensive deterioration Junction City Co: KS 66441– Property Number: 31200420001 Bldg. Landholding Agency: COE Status: Unutilized Woodridge Park Area Property Number: 31200440003 Reason: Landlocked Lawrence KS 66049– Status: Excess Tract 4300 Landholding Agency: COE Reason: Extensive deterioration Barkley Lake & Dam Property Number: 31200340012 Vault Toilet Cadiz Co: Trigg KY 42211– Status: Excess East Rolling Hills Landholding Agency: COE Reason: Extensive deterioration Milford Lake Property Number: 31200420002 8 Bldgs. Junction City Co: KS 66441– Status: Unutilized Tuttle Cove Park Landholding Agency: COE Reason: Floodway Manhattan Co: Riley KS 66502– Property Number: 31200440004 Tracts 317, 318, 319
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8453
Barkley Lake & Dam Status: Excess Portsmouth Naval Shipyard Grand Rivers Co: Lyon KY 42045– Reason: Secured Area Kittery Co: York ME 03904– Landholding Agency: COE Bldg. M–10 Landholding Agency: Navy Property Number: 31200420003 Portsmouth Naval Shipyard Property Number: 77200240025 Status: Unutilized Kittery Co: York ME 0390–4 Status: Excess Reason: Floodway Landholding Agency: Navy Reason: Secured Area Comfort Station Property Number: 77200240015 Bldg. 158 Holmes Bend Access Status: Excess Portsmouth Naval Shipyard Green River Lake Reason: Secured Area Kittery Co: York ME 03904– Adair Co: KY Bldg. M–11 Landholding Agency: Navy Landholding Agency: COE Portsmouth Naval Shipyard Property Number: 77200240026 Property Number: 31200440005 Kittery Co: York ME 03904– Status: Excess Status: Excess Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration Property Number: 77200240016 explosive material, Secured Area Steel Structure Status: Excess Bldg. 188 Mcalpine Locks & Dam Reason: Secured Area Portsmouth Naval Shipyard Louisville Co: KY 40212– Bldg. M–18 Kittery Co: York ME 03904– Landholding Agency: COE Portsmouth Naval Shipyard Landholding Agency: Navy Property Number: 31200440006 Kittery Co: York ME 03904– Property Number: 77200240027 Status: Excess Landholding Agency: Navy Status: Excess Reasons: Within 2000 ft. of flammable or Property Number: 77200240017 Reason: Secured Area explosive material, Floodway Status: Excess Bldg. 189 Comfort Station Reason: Secured Area Portsmouth Naval Shipyard Mcalpine Locks & Dam Bldg. H–29 Kittery Co: York ME 03904– Louisville Co: KY 40212– Portsmouth Naval Shipyard Landholding Agency: Navy Landholdingy Agency: COE Kittery Co: York ME 03904– Property Number: 77200240028 Property Number: 31200440007 Landholding Agency: Navy Status: Excess Status: Excess Property Number: 77200240018 Reason: Secured Area Reasons: Within 2000 ft. of flammable or Status: Excess Bldg. 237 explosive material, Floodway Reasons: Within 2000 ft. of flammable or Portsmouth Naval Shipyard Shelter explosive material, Secured Area Kittery Co: York ME 03904– Mcalpine Locks & Dam Bldg. 33 Landholding Agency: Navy Louisville Co: KY 40212– Portsmouth Naval Shipyard Property Number: 77200240029 Landholding Agency: COE Kittery Co: York ME 03904– Status: Excess Property Number: 31200440008 Landholding Agency: Navy Reason: Secured Area Status: Excess Property Number: 77200240019 Bldg. 150 Reasons: Within 2000 ft. of flammable or Status: Excess Portsmouth Naval Shipyard explosive material, Floodway Reason: Secured Area Kittery Co: York ME Parking Lot Bldg. 34 Landholding Agency: Navy Mcalpine Locks & Dam Portsmouth Naval Shipyard Property Number: 77200340040 Louisville Co: KY 40212– Kittery Co: York ME 03904– Status: Excess Landholding Agency: COE Landholding Agency: Navy Reason: Extensive deterioration Property Number: 31200440009 Property Number: 77200240020 Status: Excess Status: Excess Maryland Reasons: Within 2000 ft. of flammable or Reason: Secured Area Bloody Pt Bar Lighthouse explosive material, Floodway Bldg. 41 Chesapeake Bay Sewage Treatment Plant Portsmouth Naval Shipyard Kent MD Holmes Bend Recreation Kittery Co: York ME 03904– Landholding Agency: GSA Campbellsville Co: KY 42718–9805 Landholding Agency: Navy Property Number: 54200330002 Landholding Agency: COE Property Number: 77200240021 Status: Excess Property Number: 31200510006 Status: Excess Reason: Not accessible Status: Unutilized Reason: Secured Area GSA Number: 4–U–MD–0612 Reason: Extensive deterioration Bldg. 55 Tract 399–24 Louisiana Portsmouth Naval Shipyard Appalachian Trail Kittery Co: York ME 03904– Cascade Co: Washington MD 21719– Weeks Island Facility Landholding Agency: Navy Landholding Agency: Interior New Iberia Co: Iberia Parish LA 70560– Property Number: 77200240022 Property Number: 61200430019 Landholding Agency: Energy Status: Excess Status: Unutilized Property Number: 41199610038 Reason: Secured Area Reason: Extensive deterioration Status: Underutilized Reason: Secured Area Bldg. 62/62A Massachusetts Portsmouth Naval Shipyard Maine Kittery Co: York ME 03904– Jaquith House National Seashore Bldg. M–6 Landholding Agency: Navy Property Number: 77200240023 Eastham Co: Barnstable MA– Portsmouth Naval Shipyard Landholding Agency: Interior Kittery Co: York ME 03904– Status: Excess Reason: Secured Area Property Number: 61200430017 Landholding Agency: Navy Status: Unutilized Property Number: 77200240013 Bldg. 63 Reason: Extensive deterioration Status: Excess Portsmouth Naval Shipyard Reason: Secured Area Kittery Co: York ME 03904– Michigan Bldg. M–9 Landholding Agency: Navy Portion/Station Frankfort Portsmouth Naval Shipyard Property Number: 77200240024 100 Coast Guard Road Kittery Co: York ME 03904– Status: Excess Frankfort Co: MI 49635– Landholding Agency: Navy Reason: Secured Area Landholding Agency: GSA Property Number: 77200240014 Bldg. 65 Property Number: 54200440018
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8454 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Status: Excess Thurnau Mitigation Site Vault Toilet Reason: Within 2000 ft. of flammable or Craig Co: Holt MO 64437– Ruark Bluff explosive material Landholding Agency: COE Stockton Co: MO– GSA Number: 1–U–MI–582A Property Number: 31200420006 Landholding Agency: COE Status: Unutilized Property Number: 31200440011 Minnesota Reason: Extensive deterioration Status: Excess Parcel B 30x26 Barn Reason: Extensive deterioration Twin Cities Army Ammunition Plant Tract 1105 Comfort Station Arden Hills MN 55112–3938 Thurnau Mitigation Site Overlook Area Landholding Agency: GSA Craig Co: Holt MO 64437– Stockton Co: MO– Property Number: 54200240015 Landholding Agency: COE Landholding Agency: COE Status: Excess Property Number: 31200420007 Property Number: 31200440012 Reason: Within 2000 ft. of flammable or Status: Unutilized Status: Excess explosive material Reason: Extensive deterioration Reason: Extensive deterioration GSA Number: 1–D–MN–0578B 30x10 Shed Maintenance Building Missouri Tract 1105 Missouri River Area Rec Office Thurnau Mitigation Site Napoleon Co: Lafayette MO 64074– Harry S. Truman Dam & Reservoir Craig Co: Holt MO 64437– Landholding Agency: COE Osceola Co: St. Clair MO 64776– Landholding Agency: COE Property Number: 31200510007 Landholding Agency: COE Property Number: 31200420008 Status: Excess Property Number: 31200110001 Status: Unutilized Reason: Floodway Status: Unutilized Reason: Extensive deterioration Bldg. 34001 Reason: Extensive deterioration 30x26 Shed Orleans Trail Park Privy/Nemo Park Tract 1105 Stockton Co: MO 65785– Pomme de Terre Lake Thurnau Mitigation Site Landholding Agency: COE Hermitage MO 65668– Craig Co: Holt MO 64437– Property Number: 31200510008 Landholding Agency: COE Landholding Agency: COE Status: Excess Property Number: 31200120001 Property Number: 31200420009 Reason: Extensive deterioration Status: Excess Status: Unutilized Bldgs. 34016, 34017 Reason: Extensive deterioration Reason: Extensive deterioration Orleans Trail Park Privy No. 1/Bolivar Park 9x9 Shed Stockton Co: MO 65785– Pomme de Terre Lake Tract 1105 Landholding Agency: COE Hermitage MO 65668– Thurnau Mitigation Site Property Number: 31200510009 Landholding Agency: COE Craig Co: Holt MO 64437– Status: Excess Property Number: 31200120002 Landholding Agency: COE Reason: Extensive deterioration Status: Excess Property Number: 31200420010 Montana Status: Unutilized Reason: Extensive deterioration Bldg. Reason: Extensive deterioration Privy No. 2/Bolivar Park Tiber Dam Pomme de Terre Lake Tract 1111 Chester Co: Liberty MT 59522– Hermitage MO 65668– Thurnau Mitigation Site Landholding Agency: Interior Landholding Agency: COE Craig Co: Holt MO 64437– Property Number: 61200410005 Property Number: 31200120003 Landholding Agency: COE Status: Excess Status: Excess Property Number: 31200420011 Reason: Extensive deterioration Reason: Extensive deterioration Status: Excess Nebraska #07004, 60006, 60007 Reason: Extensive deterioration Crabtree Cove/Stockton Area Shower Vault Toilets Stockton MO 65785– Pomme de Terre Lake Harlan County Project Landholding Agency: COE Hermitage Co: Polk MO 65668– Republican NE 68971– Property Number: 31200220007 Landholding Agency: COE Landholding Agency: COE Status: Excess Property Number: 31200420012 Property Number: 31200210006 Reason: Extensive deterioration Status: Unutilized Status: Unutilized Reason: Extensive deterioration Bldg. Reason: Extensive deterioration Old Mill Park Area 11 Bldgs. Patterson Treatment Plant Stockton MO 65785– Warsaw Co: MO 65355– Harlan County Project Landholding Agency: COE Location: Fairfield, Tally Bend, Cooper Republican NE 68971– Property Number: 31200310007 Creek, Shawnee Bend Landholding Agency: COE Status: Excess Landholding Agency: COE Property Number: 31200210007 Reason: Extensive deterioration Property Number: 31200430013 Status: Unutilized Stockton Lake Proj. Ofc. Status: Excess Reason: Extensive deterioration Stockton Co: Cedar MO 65785– Reason: Extensive deterioration #30004 Landholding Agency: COE 2 Storage Bldgs. Harlan County Project Property Number: 31200330004 District Service Base Republican Co: Harlan NE 68971– Status: Unutilized St. Louis Co: MO– Landholding Agency: COE Reason: Extensive deterioration Landholding Agency: COE Property Number: 31200220008 House Property Number: 31200430014 Status: Unutilized Tract 1105 Status: Excess Reason: Extensive deterioration Thurnau Mitigation Site Reason: Extensive deterioration #3005, 3006 Craig Co: Holt MO 64437– Privy Harlan County Project Landholding Agency: COE Pomme de Terre Lake Republican Co: Harlan NE 68971– Property Number: 31200420005 Wheatland Co: Hickory MO– Landholding Agency: COE Status: Unutilized Landholding Agency: COE Property Number: 31200220009 Reason: Extensive deterioration Property Number: 31200440010 Status: Unutilized 30x36 Barn Status: Underutilized Reason: Extensive deterioration Tract 1105 Reason: Floodway Bldgs. 70001, 70002
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8455
South Outlet Park Reason: Extensive deterioration Status: Unutilized Republican City Co: NE– Bldg. GB–1 Reason: Secured Area Landholding Agency: COE Naval Weapons Station Bldg. 286, TA–21 Property Number: 31200510010 Colts Neck NJ 07722– Los Alamos National Laboratory Status: Excess Landholding Agency: Navy Los Alamos NM 87545– Reason: Extensive deterioration Property Number: 77200310013 Landholding Agency: Energy Nevada Status: Unutilized Property Number: 41199810016 Reason: Extensive deterioration Status: Unutilized 28 Facilities Reason: Secured Area Nevada Test Site Bldg. D–5 Mercury Co: Nye NV 89023– Naval Weapons Station Bldg. 516, TA–16 Landholding Agency: Energy Colts Neck NJ 07722– Los Alamos National Laboratory Property Number: 41200310018 Landholding Agency: Navy Los Alamos NM 87545– Status: Excess Property Number: 77200310014 Landholding Agency: Energy Reasons: Contamination, Secured Area Status: Unutilized Property Number: 41199810021 Status: Unutilized 31 Bldgs./Facilities Reason: Extensive deterioration Reasons: Within 2000 ft. of flammable or Nellis AFB New Mexico explosive material, Secured Area, Tonopah Test Range Bldgs. 9252, 9268 Extensive deterioration Tonopah Co: Nye NV 89049– Kirtland Air Force Base Landholding Agency: Energy Bldg. 517, TA–16 Albuquerque Co: Bernalillo NM 87185– Property Number: 41200330003 Los Alamos National Laboratory Landholding Agency: Energy Status: Unutilized Los Alamos NM 87545– Reason: Secured Area Property Number: 41199430002 Landholding Agency: Energy Status: Unutilized Property Number: 41199810022 42 Bldgs. Reason: Extensive deterioration Status: Unutilized Nellis Air Force Base Reasons: Within 2000 ft. of flammable or Tonopah Co: Nye NV 89049– Tech Area II explosive material, Secured Area, Location: 49–01, NM104, NM105, 03–35A–H, Kirtland Air Force Base Extensive deterioration 03–35J–N, 03–36A–C, 03–36E–H, 03–36J– Albuquerque Co: Bernalillo NM 87105– N, 03–36R, 03–37, 15036, 03–44A–D, 03– Lanholding Agency: Energy Bldg. 31 46, 03–47, 03–49, 03–88, 03–89, 03–90 Property Number: 41199630004 Los Alamos National Lab Landholding Agency: Energy Status: Unutilized Los Alamos NM 87545– Property Number: 41200410029 Reasons: Within 2000 ft. of flammable or Landholding Agency: Energy Status: Unutilized explosive material, Secured Area, Property Number: 41199930003 Reason: Secured Area Extensive deterioration Status: Unutilized Reasons: Secured Area, Extensive 241 Bldgs. Bldg. 26, TA–33 deterioration Tonopah Test Range Los Alamos National Laboratory Tonopah Co: Nye NV 89049– Los Alamos NM 87545– Bldg. 21, TA–2 Landholding Agency: Energy Lanholding Agency: Energy Los Alamos National Lab Property Number: 41200440036 Property Number: 41199810004 Los Alamos NM 87545– Status: Excess Status: Unutilized Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Reasons: Secured Area, Extensive Property Number: 41199940001 explosive material, Secured Area deterioration Status: Unutilized 6 Bldgs. Bldg. 2, TA–21 Reason: Secured Area Dale Street Complex Los Alamos National Laboratory Bldg. 38, TA–14 300, 400, 500, 600, Block Bldg, Valve House Los Alamos NM 87545– Los Alamos National Lab Boulder City NV 89005– Lanholding Agency: Energy Los Alamos NM 87545– Landholding Agency: GSA Property Number: 41199810008 Landholding Agency: Energy Property Number: 54200020017 Status: Underutilized Property Number: 41199940004 Status: Excess Reason: Secured Area Status: Unutilized Reason: Extensive deterioration Bldg. 5, TA–21 Reasons: Secured Area, Extensive GSA Number: LC–00–01–RP Los Alamos National Laboratory deterioration New Hampshire Los Alamos NM 87545– Bldg. 8, TA–15 Lanholding Agency: Energy Los Alamos National Lab Naval Obs. Tower Property Number: 41199810011 Los Alamos NM 87545– Rye NH 03870– Status: Unutilized Landholding Agency: Energy Landholding Agency: GSA Reason: Secured Area Property Number: 41199940005 Property Number: 54200420007 Status: Unutilized Status: Excess Bldg. 21, TA–21 Los Alamos National Laboratory Reasons: Secured Area Extensive Reason: Contamination deterioration GSA Number: 1–N–NH–451 Los Alamos NM 87545– Lanholding Agency: Energy Bldg. 9, TA–15 New Jersey Property Number: 41199810012 Los Alamos National Lab Former NIKE Missile Battery Status: Unutilized Los Alamos NM 87545– Site PH–58 Reason: Secured Area Landholding Agency: Energy Woolwich Co: Gloucester NJ Bldg. 116, TA–21 Property Number: 41199940006 Landholding Agency: GSA Los Alamos National Laboratory Status: Unutilized Property Number: 54200310012 Los Alamos NM 87545– Reason: Secured Area Status: Excess Lanholding Agency: Energy Bldg. 22, TA–15 Reason: Extensive deterioration Property Number: 41199810013 Los Alamos National Lab GSA Number: 1–GR–NJ–0538 Status: Unutilized Los Alamos NM 87545– Bldg. 263 Reason: Secured Area Landholding Agency: Energy Naval Air Engineering Station Bldg. 228, TA–21 Property Number: 41199940007 Lakehurst Co: Ocean NJ 08733–5000 Los Alamos National Laboratory Status: Unutilized Landholding Agency: Navy Los Alamos NM 87545– Reason: Secured Area Property Number: 77200310002 Lanholding Agency: Energy Bldg. 141, TA–15 Status: Unutilized Property Number: 41199810015 Los Alamos National Lab
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8456 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Los Alamos NM 87545– Reasons: Secured Area, Extensive Los Alamos NM 87545– Landholding Agency: Energy deterioration Landholding Agency: Energy Property Number: 41199940008 Bldg. 258, TA–46 Property Number: 41200010018 Status: Unutilized Los Alamos National Lab Status: Unutilized Reason: Secured Area Los Alamos NM 87545– Reason: Secured Area Bldg. 44, TA–15 Landholding Agency: Energy TA–14, Bldg. 5 Los Alamos National Lab Property Number: 41199940019 Los Alamos National Lab Los Alamos NM 87545– Status: Unutilized Los Alamos NM 87545– Landholding Agency: Energy Reasons: Secured Area, Extensive Landholding Agency: Energy Property Number: 41199940009 deterioration Property Number: 41200010019 Status: Unutilized TA–3, Bldg. 208 Status: Unutilized Reason: Secured Area Los Alamos National Lab Reason: Secured Area Bldg. 2, TA–18 Los Alamos NM 87545– TA–21, Bldg. 150 Los Alamos National Lab Landholding Agency: Energy Los Alamos National Lab Los Alamos NM 87545– Property Number: 41200010010 Los Alamos NM 87545– Landholding Agency: Energy Status: Unutilized Landholding Agency: Energy Property Number: 41199940010 Reasons: Secured Area, Extensive Property Number: 41200010020 Status: Unutilized deterioration Status: Unutilized Reasons: Secured Area, Extensive TA–6, Bldg. 1 Reason: Secured Area deterioration Los Alamos National Lab Bldg. 149, TA–21 Bldg. 5, TA–18 Los Alamos NM 87545– Los Alamos National Lab Los Alamos National Lab Landholding Agency: Energy Los Alamos NM 87545– Los Alamos NM 87545– Property Number: 41200010011 Landholding Agency: Energy Landholding Agency: Energy Status: Unutilized Property Number: 41200010024 Property Number: 41199940011 Reasons: Secured Area, Extensive Status: Unutilized Status: Unutilized deterioration Reason: Secured Area Reasons: Secured Area, Extensive TA–6, Bldg. 2 Bldg. 312, TA–21 deterioration Los Alamos National Lab Los Alamos National Lab Bldg. 186, TA–18 Los Alamos NM 87545– Los Alamos NM 87545– Los Alamos National Lab Landholding Agency: Energy Landholding Agency: Energy Los Alamos NM 87545– Property Number: 41200010012 Property Number: 41200010025 Landholding Agency: Energy Status: Unutilized Status: Unutilized Property Number: 41199940012 Reasons: Secured Area, Extensive Reason: Secured Area Status: Unutilized deterioration Bldg. 313, TA–21 Reasons: Secured Area, Extensive TA–6, Bldg. 3 Los Alamos National Lab deterioration Los Alamos National Lab Los Alamos NM 87545– Bldg. 188, TA–18 Los Alamos NM 87545– Landholding Agency: Energy Los Alamos National Lab Landholding Agency: Energy Property Number: 41200010026 Los Alamos NM 87545– Property Number: 41200010013 Status: Unutilized Landholding Agency: Energy Status: Unutilized Reason: Secured Area Property Number: 41199940013 Reasons: Secured Area, Extensive Bldg. 314, TA–21 Status: Unutilized deterioration Los Alamos National Lab Reasons: Secured Area, Extensive TA–6, Bldg. 5 Los Alamos NM 87545– deterioration Los Alamos National Lab Landholding Agency: Energy Bldg. 44, TA–36 Los Alamos NM 87545– Property Number: 41200010027 Los Alamos National Lab Landholding Agency: Energy Status: Unutilized Los Alamos NM 87545– Property Number: 41200010014 Reason: Secured Area Landholding Agency: Energy Status: Unutilized Bldg. 315, TA–21 Property Number: 41199940015 Reasons: Secured Area, Extensive Los Alamos National Lab Status: Unutilized deterioration Los Alamos NM 87545– Reasons: Secured Area, Extensive TA–6, Bldg. 6 Landholding Agency: Energy deterioration Los Alamos National Lab Property Number: 41200010028 Bldg. 45, TA–36 Los Alamos NM 87545– Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reason: Secured Area Los Alamos NM 87545– Property Number: 41200010015 Bldg. 1, TA–8 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41199940016 Reason: Secured Area Los Alamos NM 87545– Status: Unutilized TA–6, Bldg. 7 Landholding Agency: Energy Reasons: Secured Area, Extensive Los Alamos National Lab Property Number: 41200010029 deterioration Los Alamos NM 87545– Status: Unutilized Bldg. 19, TA–40 Landholding Agency: Energy Reason: Secured Area Los Alamos National Lab Property Number: 41200010016 Bldg. 2, TA–8 Los Alamos NM 87545– Status: Unutilized Los Alamos National Lab Landholding Agency: Energy Reason: Secured Area Los Alamos NM 87545– Property Number: 41199940017 TA–6, Bldg. 8 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200010030 Reasons: Secured Area, Extensive Los Alamos NM 87545– Status: Unutilized deterioration Landholding Agency: Energy Reasons: Secured Area, Extensive Bldg. 43, TA–40 Property Number: 41200010017 deterioration Los Alamos National Lab Status: Unutilized Bldg. 3, TA–8 Los Alamos NM 87545– Reasons: Secured Area, Extensive Los Alamos National Lab Landholding Agency: Energy deterioration Los Alamos NM 87545– Property Number: 41199940018 TA–6, Bldg. 9 Landholding Agency: Energy Status: Unutilized Los Alamos National Lab Property Number: 41200020001
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8457
Status: Unutilized Los Alamos National Lab TA–53, Bldg. 65 Reasons: Secured Area, Extensive Los Alamos NM 87545– Los Alamos National Lab deterioration Landholding Agency: Energy Los Alamos NM 87545– Bldg. 51, TA–9 Property Number: 41200020018 Landholding Agency: Energy Los Alamos National Lab Status: Unutilized Property Number: 41200220025 Los Alamos NM 87545– Reason: Secured Area Status: Unutilized Landholding Agency: Energy Bldg. 162, TA–55 Reason: Extensive deterioration Property Number: 41200020002 Los Alamos National Lab Bldg. B117 Status: Unutilized Los Alamos NM 87545– Kirtland Operations Reason: Secured Area Landholding Agency: Energy Albuquerque Co: Bernalillo NM 87117– Bldg. 30, TA–14 Property Number: 41200020019 Landholding Agency: Energy Los Alamos National Lab Status: Unutilized Property Number: 41200220032 Los Alamos NM 87545– Reason: Secured Area Status: Excess Landholding Agency: Energy Bldg. 22, TA–33 Reason: Extensive deterioration Property Number: 41200020003 Los Alamos National Lab Bldg. B118 Status: Unutilized Los Alamos NM 87545– Kirtland Operations Reason: Secured Area Landholding Agency: Energy Albuquerque Co: Bernalillo NM 87117– Bldg. 16, TA–3 Property Number: 41200020022 Landholding Agency: Energy Los Alamos National Lab Status: Unutilized Property Number: 41200220033 Los Alamos NM 87545– Reasons: Secured Area, Extensive Status: Excess Landholding Agency: Energy deterioration Reason: Extensive deterioration Property Number: 41200020009 Bldg. 23, TA–49 Bldg. B119 Status: Unutilized Los Alamos National Lab Kirtland Operations Reason: Secured Area Los Alamos NM 87545– Albuquerque Co: Bernalillo NM 87117– Bldg. 339, TA–16 Landholding Agency: Energy Landholding Agency: Energy Los Alamos National Lab Property Number: 41200020023 Property Number: 41200220034 Los Alamos NM 87545– Status: Unutilized Status: Excess Landholding Agency: Energy Reason: Secured Area Reason: Extensive deterioration Property Number: 41200020010 Bldg. 37, TA–53 Bldg. 6721 Status: Unutilized Los Alamos National Lab Kirtland AFB Reason: Secured Area Los Alamos NM 87545– Albuquerque Co: Bernalillo NM 87185– Bldg. 340, TA–16 Landholding Agency: Energy Landholding Agency: Energy Los Alamos National Lab Property Number: 41200020024 Property Number: 41200220042 Los Alamos NM 87545– Status: Unutilized Status: Unutilized Landholding Agency: Energy Reason: Secured Area Reason: Extensive deterioration Property Number: 41200020011 Bldg. 121, TA–49 6 Bldgs. Status: Unutilized Los Alamos National Lab Kirtland Air Force Base Reason: Secured Area Los Alamos NM 87545– #852, 874, 9939A, 6536, 6636, 833A Bldg. 341, TA–16 Landholding Agency: Energy Albuquerque NM 87185– Los Alamos National Lab Property Number: 41200020025 Landholding Agency: Energy Los Alamos NM 87545– Status: Unutilized Property Number: 41200230001 Landholding Agency: Energy Reason: Secured Area Status: Excess Reason: Secured Area Property Number: 41200020012 5 Bldgs. Status: Unutilized Kirtland AFB Bldg. 805 Reason: Secured Area Sandia Natl Lab Kirtland Air Force Base Bldg. 342, TA–16 Albuquerque Co: Bernalillo NM 87185– Albuquerque Co: Bernalillo NM 87185– Los Alamos National Lab Location: 9927, 9970, 6730, 6731, 6555 Landholding Agency: Energy Los Alamos NM 87545– Landholding Agency: Energy Property Number: 41200240001 Landholding Agency: Energy Property Number: 41200210014 Status: Unutilized Property Number: 41200020013 Status: Excess Reason: Secured Area Status: Unutilized Reason: Extensive deterioration Bldg. 8898 Reason: Secured Area 6 Bldgs. Kirtland Air Force Base Bldg. 343, TA–16 Kirtland AFB Albuquerque Co: Bernalillo NM 87185– Los Alamos National Lab Sandia Natl Lab Landholding Agency: Energy Los Alamos NM 87545– Albuquerque Co: Bernalillo NM 87185– Property Number: 41200240002 Landholding Agency: Energy Location: 6725, 841, 884, 892, 893, 9800 Status: Unutilized Property Number: 41200020014 Landholding Agency: Energy Reason: Secured Area Status: Unutilized Property Number: 41200210015 8 Bldgs., TA–16 Reason: Secured Area Status: Excess Los Alamos National Lab Bldg. 345, TA–16 Reason: Extensive deterioration 195, 220–226 Los Alamos National Lab TA–53, Bldg. 61 Los Alamos NM 87545– Los Alamos NM 87545– Los Alamos National Lab Landholding Agency: Energy Landholding Agency: Energy Los Alamos NM 87545– Property Number: 41200240003 Property Number: 41200020015 Landholding Agency: Energy Status: Unutilized Status: Unutilized Property Number: 41200220023 Reason: Secured Area Reason: Secured Area Status: Unutilized Bldg. 2, TA–11 Bldg. 48, TA–55 Reason: Extensive deterioration Los Alamos National Lab Los Alamos National Lab TA–53, Bldg. 63 Los Alamos NM 87545– Los Alamos NM 87545– Los Alamos National Lab Landholding Agency: Energy Landholding Agency: Energy Los Alamos NM 87545– Property Number: 41200240004 Property Number: 41200020017 Landholding Agency: Energy Status: Unutilized Status: Unutilized Property Number: 41200220024 Reason: Secured Area Reason: Secured Area Status: Unutilized Bldg. 4, TA–41 Bldg. 125, TA–55 Reason: Extensive deterioration Los Alamos National Lab
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8458 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Los Alamos NM 87545– Property Number: 61200420002 Reasons: No access/unexploded ordnance Landholding Agency: Energy Status: Unutilized Extensive deterioration Property Number: 41200240005 Reason: Extensive deterioration GSA Number: 1–N–NY–897 Status: Unutilized Bldgs. 001A, 001B, 001C Army Reserve Center Reason: Secured Area Pigeon’s Ranch Corning Co: Steuben NY 14830–2098 Bldg. 16, TA–41 Glorieta Co: Santa Fe NM 87535– Landholding Agency: GSA Los Alamos National Lab Landholding Agency: Interior Property Number: 54200420017 Los Alamos NM 87545– Property Number: 61200430006 Status: Excess Landholding Agency: Energy Status: Unutilized Reason: Within 2000 ft. of flammable or Property Number: 41200240006 Reason: Extensive deterioration explosive material Status: Unutilized Bldgs. 002A, 002B, 002C GSA Number: 1–D–NY–0896 Reason: Secured Area Pigeon’s Ranch Woodhaven Housing Bldg. 30, TA–41 Glorieta Co: Santa Fe NM 87535– Park Drive Los Alamos National Lab Landholding Agency: Interior Rome Co: NY 13440– Los Alamos NM 87545– Property Number: 61200430007 Landholding Agency: GSA Landholding Agency: Energy Status: Unutilized Property Number: 54200440003 Property Number: 41200240007 Reason: Extensive deterioration Status: Surplus Reason: Extensive deterioration Status: Unutilized Bldgs. 002D, 002F GSA Number: 1–D–NY–0831–C Reason: Secured Area Pigeon’s Ranch Bldg. 53, TA–41 Glorieta Co: Santa Fe NM 87535– North Carolina Los Alamos National Lab Landholding Agency: Interior Prop. ID WKS20350 Los Alamos NM 87545– Property Number: 61200430008 Scott Reservoir Project Landholding Agency: Energy Status: Unutilized Wilkesboro NC 28697–7462 Property Number: 41200240008 Reason: Extensive deterioration Landholding Agency: COE Status: Unutilized Bldg. 003A Property Number: 31200310008 Reason: Secured Area Pigeon’s Ranch Status: Unutilized Bldg. 2, TA–33 Glorieta Co: Santa Fe NM 87535– Reason: Extensive deterioration Los Alamos National Lab Landholding Agency: Interior Bldg. #2–17009 Los Alamos NM 87545– Property Number: 61200430009 Cape Fear River Lock/Dam Landholding Agency: Energy Status: Unutilized Elizabeth Co: Bladen NC 28337– Property Number: 41200310001 Reason: Extensive deterioration Landholding Agency: COE Status: Unutilized Blgs. 004A, 004B Property Number: 31200420013 Reasons: Secured Area, Extensive Pigeon’s Ranch Status: Unutilized deterioration Glorieta Co: Santa Fe NM 87535– Reason: Extensive deterioration Bldgs. 228, 286, TA–21 Landholding Agency: Interior 10 Bldgs. Los Alamos National Lab Property Number: 61200430010 Kerr Scott Project Los Alamos NM 87545– Status: Unutilized Wilkesboro Co: Wilkes NC 28697–7462 Landholding Agency: Energy Reason: Extensive deterioration Location: WKS16334–16335, 17334–17337, Property Number: 41200310002 Bldgs. 006A, 006B 18227–18228, 18864–18865 Status: Unutilized Pigeon’s Ranch Landholding Agency: COE Reason: Secured Area Glorieta Co: Santa Fe NM 87535– Property Number: 31200420014 Bldg. 116, TA–21 Landholding Agency: Interior Status: Unutilized Los Alamos National Lab Property Number: 61200430011 Reason: Extensive deterioration Los Alamos NM 87545– Status: Unutilized 5 Bldgs. Landholding Agency: Energy Reason: Extensive deterioration Kerr Scott Project Property Number: 41200310003 Wilkesboro Co: Wilkes NC 28697–7462 Status: Unutilized New York Location: WKS15830, 17268, 18687, 18875, Reason: Secured Area Warehouse 26808 Bldgs. 1, 2, 3, 4, 5, TA–28 Whitney Lake Project Landholding Agency: COE Los Alamos National Lab Whitney Point Co: Broome NY 13862–0706 Property Number: 31200420015 Los Alamos NM 87545– Landholding Agency: COE Status: Unutilized Landholding Agency: Energy Property Number: 31199630007 Reason: Extensive deterioration Property Number: 41200310004 Status: Unutilized Bldgs. WKS16426, 16427, 25928 Status: Unutilized Reason: Extensive deterioration Kerr Scott Project Reason: Secured Area Bldg. 0207 Wilkesboro Co: Wilkes NC 28697–7462 Bldgs. 447, 1483 Brookhaven Natl Laboratory Landholding Agency: COE Los Alamos Natl Laboratory Upton Co: Suffolk NY 11973– Property Number: 31200420016 Los Alamos NM Landholding Agency: Energy Status: Unutilized Landholding Agency: Energy Property Number: 41200410006 Reason: Extensive deterioration Property Number: 41200410002 Status: Excess Bldgs. WKS18234, 18337 Status: Excess Reason: Extensive deterioration Kerr Scott Project Reasons: Secured Area, Extensive Bldgs/Pier/Field Wilkesboro Co: Wilkes NC 28697–7462 deterioration USCG/Ft. Totten Landholding Agency: COE Bldgs. 870C & 9830 Borough of Queens Co: Flushing NY Property Number: 31200420017 Kirtland AFB Landholding Agency: GSA Status: Unutilized Albuquerque Co: Bernalillo NM 87185– Property Number: 54200320015 Reason: Extensive deterioration Landholding Agency: Energy Status: Surplus Bldg. WKS18691 Property Number: 41200410037 Reason: Contamination Kerr Scott Project Status: Excess GSA Number: 1–U–NY–882 Wilkesboro Co: Wilkes NC 28697–7462 Reason: Secured Area Gardiners Point Landholding Agency: COE Tract 102–73 Long Island Co: Suffolk NY Property Number: 31200420018 El Malpais National Monument Landholding Agency: GSA Status: Unutilized Grants Co: Cibola NM 87020– Property Number: 54200340003 Reason: Extensive deterioration Landholding Agency: Interior Status: Excess Ranger Residence
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8459
Jordan Lake Project Fernald Environmental Mgmt. Project Status: Excess Apex Co: Chatham NC Hamilton OH 45013– Reason: Contamination Landholding Agency: COE Landholding Agency: Energy Soil Washing Bldg. Property Number: 31200440013 Property Number: 41200210003 RMI Status: Unutilized Status: Excess Ashtabula OH 44004– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Energy Ranger Residence #2 Bldg. 8H Property Number: 41200310011 Falls Lake Project Fernald Environmental Mgmt. Project Status: Excess Wake Co: NC Hamilton OH 45013– Reason: Contamination Landholding Agency: COE Landholding Agency: Energy Bldg. 16B Property Number: 31200510011 Property Number: 41200210004 Fernald Env. Mgmt. Proj. Status: Unutilized Status: Excess Hamilton Co: Butler OH 45013– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Energy Two Tower Sites Bldg. 94A Property Number: 41200310012 Marine Corps Air Station Fernald Environmental Mgmt. Project Status: Excess Cherry Point Co: NC Hamilton OH 45013– Reasons: Contamination, Secured Area Landholding Agency: Navy Landholding Agency: Energy Bldg. 24C Property Number: 77200440017 Property Number: 41200210005 Fernald Env. Mgmt. Proj. Status: Underutilized Status: Excess Hamilton Co: Butler OH 45013– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 82 Bldg. 11 Property Number: 41200310013 Marine Corps Air Station Fernald Env. Mgmt. Proj. Status: Excess Cherry Point Co: Craven NC 28533– Hamilton OH 45013– Reasons: Contamination, Secured Area Landholding Agency: Navy Landholding Agency: Energy Property Number: 77200510009 Bldg. 50 Property Number: 41200220026 Fernald Env. Mgmt. Proj. Status: Underutilized Status: Excess Reason: Secured Area Hamilton Co: Butler OH 45013– Reason: Secured Area Landholding Agency: Energy Bldg. 4314 Bldg. 14A Property Number: 41200310015 Marine Corps Air Station Fernald Env. Mgmt. Proj Status: Excess Cherry Point Co: Craven NC 28533– Hamilton OH 45013– Reasons: Contamination, Secured Area Landholding Agency: Navy Landholding Agency: Energy Bldg. 52A Property Number: 77200510010 Property Number: 41200220027 Fernald Env. Mgmt. Proj. Status: Underutilized Status: Excess Hamilton Co: Butler OH 45013– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Ohio Bldg. 15C Property Number: 41200310016 Bldg. 77 Fernald Env. Mgmt. Proj. Status: Excess Fernald Environmental Management Project Hamilton OH 45013– Reasons: Contamination, Secured Area Landholding Agency: Energy Fernald Co: Hamilton OH 45013– Bldg. 52B Property Number: 41200220029 Landholding Agency: Energy Fernald Env. Mgmt. Proj. Status: Excess Property Number: 41199840003 Hamilton Co: Butler OH 45013– Reason: Secured Area Status: Excess Landholding Agency: Energy Reasons: Within 2000 ft. of flammable or Bldg. 20K Property Number: 41200310017 explosive material, Secured Area Fernald Env. Mgmt. Proj. Status: Excess Bldg. 82A Hamilton OH 45013– Reasons: Contamination, Secured Area Fernald Environmental Mgmt. Project Landholding Agency: Energy Fernald Co: Hamilton OH 45013– Property Number: 41200220030 Oklahoma Landholding Agency: Energy Status: Excess Comfort Station Property Number: 41199910018 Reason: Secured Area LeFlore Landing PUA Status: Excess Bldg. 53B Sallisaw Co: LeFlore OK 74955–9445 Reasons: Within 2000 ft. of flammable or Fernald Env. Mgmt. Proj. Landholding Agency: COE explosive material, Secured Area Hamilton OH 45013– Property Number: 31200240008 Bldg. 16 Landholding Agency: Energy Status: Excess RMI Environmental Services Property Number: 41200220031 Reason: Extensive deterioration Ashtabula OH 44004– Status: Excess Comfort Station Landholding Agency: Energy Reason: Secured Area Braden Bend PUA Property Number: 41199930016 Modular Ofc. Bldg. Sallisaw Co: LeFlore OK 74955–9445 Status: Unutilized RMI Landholding Agency: COE Reason: Secured Area Ashtabula OH 44004– Property Number: 31200240009 Bldg. 22B Landholding Agency: Energy Status: Excess Fernald Env. Mgmt. Proj. Property Number: 41200310008 Reason: Extensive deterioration Hamilton OH 45013–9402 Status: Excess Water Treatment Plant Landholding Agency: Energy Reason: Contamination Salt Creek Cove Property Number: 41200020026 Modular Lab Bldg. Sawyer Co: Choctaw OK 74756–0099 Status: Unutilized RMI Landholding Agency: COE Reasons: Within 2000 ft. of flammable or Ashtabula OH 44004– Property Number: 31200240010 explosive material, Secured Area Landholding Agency: Energy Status: Excess Bldg. 53A Property Number: 41200310009 Reason: Extensive deterioration Fernald Env. Mgmt. Project Status: Excess Water Treatment Plant Fernald Co: Hamilton OH 45013–9402 Reason: Contamination Wilson Point Landholding Agency: Energy Soil Storage Bldg. Sawyer Co: Choctaw OK 74756–0099 Property Number: 41200120009 RMI Landholding Agency: COE Status: Excess Ashtabula OH 44004– Property Number: 31200240011 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldg. 8G Property Number: 41200310010 Reason: Extensive deterioration
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8460 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
2 Comfort Stations Property Number: 31200340017 Fairview Group Camp Landing PUA/Juniper Point PUA Status: Excess Canton OK 73724–0069 Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 14 Bldgs. Property Number: 31200340028 Property Number: 31200240012 Pine Creek Lake Status: Excess Status: Excess Valliant OK 74764–9801 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: COE 2 Bldgs. Filter Plant/Pumphouse Property Number: 31200340018 Chouteau & D Bluff South PUA Status: Excess Gore Co: Wagoner OK 74935–9404 Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 6 Bldgs. Property Number: 31200340029 Property Number: 31200240013 Sardis Lake Status: Excess Status: Excess Clayton OK 74536–9729 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: COE 2 Bldgs. Filter Plant/Pumphouse Property Number: 31200340019 Newt Graham L&D North PUA Status: Excess Gore OK 74935–9404 Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration Landholding Agency: COE Landholding Agency: COE 24 Bldgs. Property Number: 31200340030 Property Number: 31200240014 Skiatook Lake Status: Excess Status: Excess Skiatook OK 74070–9803 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: COE 6 Bldgs. Filter Plant/Pumphouse Property Number: 31200340020 Damsite/Fisherman’s Landing Juniper Point PUA Status: Excess Sallisaw OK 74955–9445 Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration Landholding Agency: COE Property Number: 31200340031 Landholding Agency: COE 40 Bldgs. Status: Excess Property Number: 31200240015 Eufaula Lake Reason: Extensive deterioration Status: Excess Stigler OK 74462–5135 Reason: Extensive deterioration Landholding Agency: COE 10 Bldgs. Comfort Station Property Number: 31200340021 Webbers Falls Lake Juniper Point PUA Status: Excess Gore OK 74435–5541 Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration Landholding Agency: COE Property Number: 31200340032 Landholding Agency: COE 2 Bldgs. Status: Excess Property Number: 31200240016 Holiday Cove Reason: Extensive deterioration Status: Excess Stigler OK 74462–5135 Reason: Extensive deterioration Landholding Agency: COE 14 Bldgs. Comfort Station Property Number: 31200340022 Copan Lake Brooken Cove PUA Status: Excess Copan OK 74022–9762 Stigler Co: McIntosh OK 74462–9440 Reason: Extensive deterioration Landholding Agency: COE Property Number: 31200340033 Landholding Agency: COE 18 Bldgs. Status: Excess Property Number: 31200240017 Fort Gibson Reason: Extensive deterioration Status: Excess Ft. Gibson Co: Wagoner OK 74434–0370 Reason: Extensive deterioration Landholding Agency: COE Oregon 2 Bldgs. Property Number: 31200340023 2 Floating Docks Outlet Channel/Walker Creek Status: Excess Rogue River Waurika OK 73573–0029 Reason: Extensive deterioration Gold Beach Co: Curry OR 97444– Landholding Agency: COE 2 Bldgs. Landholding Agency: COE Property Number: 31200340013 Fort Supply Property Number: 31200430015 Status: Excess Ft. Supply Co: Woodward OK 73841–0248 Status: Excess Reason: Extensive deterioration Landholding Agency: COE Reason: Floodway 2 Bldgs. Property Number: 31200340024 2 Trailers Damsite South Status: Excess John Day Project Stigler OK 74462–9440 Reason: Extensive deterioration #1 West Marine Drive Landholding Agency: COE Game Bird House Boardman Co: Morrow OR 97818– Property Number: 31200340014 Fort Supply Lake Landholding Agency: COE Status: Excess Ft. Supply Co: Woodward OK 73841–0248 Property Number: 31200510012 Reason: Extensive deterioration Landholding Agency: COE Status: Unutilized 19 Bldgs. Property Number: 31200340025 Reason: Extensive deterioration Kaw Lake Status: Excess Industrial Warehouse Ponca City OK 74601–9962 Reason: Extensive deterioration 2760 Yeon Avenue Landholding Agency: COE 11 Bldgs. Portland Co: OR 97210– Property Number: 31200340015 Hugo Lake Landholding Agency: GSA Status: Excess Sawyer OK 74756–0099 Property Number: 54200430009 Reason: Extensive deterioration Landholding Agency: COE Status: Surplus 30 Bldgs. Property Number: 31200340026 Reason: Within 2000 ft. of flammable or Keystone Lake Status: Excess explosive material Sand Springs OK 74063–9338 Reason: Extensive deterioration GSA Number: 9–G–OR–741 Landholding Agency: COE 5 Bldgs. Bldg. 0012–0410–00 Property Number: 31200340016 Birch Cove/Twin Cove Homedale Road Status: Excess Skiatook OK 74070–9803 Klamath Falls Co: Klamath OR 97603– Reason: Extensive deterioration Landholding Agency: COE Landholding Agency: Interior 13 Bldgs. Property Number: 31200340027 Property Number: 61200410002 Oologah Lake Status: Excess Status: Unutilized Oologah OK 74053–0700 Reason: Extensive deterioration Reason: Extensive deterioration Landholding Agency: COE 2 Bldgs. Bldg. 0012–0411–00
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8461
Homedale Road Bldg. Landholding Agency: Energy Klamath Falls Co: Klamath OR 97603– Fishing Creek/Deer Run Property Number: 41200420020 Landholding Agency: Interior Clarks Hill SC 29821–0010 Status: Unutilized Property Number: 61200410003 Landholding Agency: COE Reason: Secured Area Status: Unutilized Property Number: 31200340034 Bldg. 724–A Reason: Extensive deterioration Status: Excess Savannah River Operations Bldg. 0012–0412–00 Reason: Extensive deterioration Aiken SC 29802– Homedale Road 2 Outbuildings Landholding Agency: Energy Klamath Falls Co: Klamath OR 97603– JST–20814, JST–20815 Property Number: 41200420021 Landholding Agency: Interior Lower Air Strip Status: Unutilized Property Number: 61200410004 Clarks Hill Co: McCormick SC 29821– Reason: Secured Area Status: Unutilized Landholding Agency: COE Bldg. 730–M Reason: Extensive deterioration Property Number: 31200510013 Savannah River Operations Status: Unutilized Pennsylvania Aiken SC 29802– Reason: Extensive deterioration Landholding Agency: Energy Z–Bldg. Bldg. 701–6G Property Number: 41200420022 Bettis Atomic Power Lab Jackson Barricade Status: Unutilized West Mifflin Co: Allegheny PA 15122–0109 Jackson SC Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldgs. 183–1R, 183–2R Property Number: 41199720002 Property Number: 41200420010 Savannah River Operations Status: Excess Status: Unutilized Aiken SC 29802– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Energy Bldg. 904 Bldg. 211–000F Property Number: 41200420025 Naval Support Activity Nuclear Materials Processing Facility Status: Unutilized Mechanicsburg Co: Cumberland PA 17055– Aiken SC 29802– Reason: Secured Area Landholding Agency: Navy Landholding Agency: Energy Bldg. 186–C Property Number: 77200430066 Property Number: 41200420011 Savannah River Operations Status: Excess Status: Excess Aiken SC 29802– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Energy Bldg. 952 Bldg. 211–001F Property Number: 41200420026 Naval Support Activity Nuclear Materials Processing Facility Status: Unutilized Mechanicsburg Co: Cumberland PA 17055– Aiken SC 29802– Reason: Secured Area Landholding Agency: Navy Landholding Agency: Energy Bldgs. 186–K, 186–1K Property Number: 77200430067 Property Number: 41200420012 Savannah River Operations Status: Excess Status: Excess Aiken SC 29802– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Energy Bldg. 953 Bldg. 211–002F Property Number: 41200420027 Naval Support Activity Nuclear Materials Processing Facility Status: Unutilized Mechanicsburg Co: Cumberland PA 17055– Aiken SC 29802– Reason: Secured Area Landholding Agency: Navy Landholding Agency: Energy Bldgs. 186–P, 186–1P Property Number: 77200430068 Property Number: 41200420013 Savannah River Operations Status: Excess Status: Excess Reason: Extensive deterioration Aiken SC 29802– Reason: Secured Area Landholding Agency: Energy South Carolina Bldg. 221–25F Property Number: 41200420028 Prop. ID JST18895 Nuclear Materials Processing Facility Status: Unutilized Thurmond Project Aiken SC 29802– Reason: Secured Area Clarks Hill Co: McCormick SC Landholding Agency: Energy Bldg. 190–C Landholding Agency: COE Property Number: 41200420014 Savannah River Operations Property Number: 31200310010 Status: Excess Aiken SC 29802– Status: Unutilized Reason: Secured Area Landholding Agency: Energy Reason: Extensive deterioration Bldg. 221–001F Property Number: 41200420029 5 Bldgs. Nuclear Materials Processing Facility Status: Unutilized Thurmond Project Aiken SC 29802– Reason: Secured Area Clarks Hill Co: McCormick SC Landholding Agency: Energy Bldg. 190–K Location: JST15781, JST15784, JST15864, Property Number: 41200420015 Savannah River Operations JST15866, TST15868 Status: Excess Aiken SC 29802– Landholding Agency: COE Reason: Secured Area Landholding Agency: Energy Property Number: 31200310011 Bldg. 704–D Property Number: 41200420030 Status: Unutilized Federal Reserve Site Status: Unutilized Reason: Extensive deterioration Aiken SC 29802– Reason: Secured Area Prop. ID JST17133 Landholding Agency: Energy Bldg. 190–P Thurmond Project Property Number: 41200420016 Savannah River Operations Clarks Hill Co: McCormick SC Status: Excess Aiken SC 29802– Landholding Agency: COE Reason: Secured Area Landholding Agency: Energy Property Number: 31200310012 Bldg. 703–F Property Number: 41200420031 Status: Unutilized Savannah River Operations Status: Unutilized Reason: Extensive deterioration Aiken SC 29802– Reason: Secured Area Prop. ID JST18428 Landholding Agency: Energy Bldg. 704–002N Thurmond Project Property Number: 41200420019 Savannah River Operations Clarks Hill Co: McCormick SC Status: Unutilized Aiken Co: SC 29802– Landholding Agency: COE Reason: Secured Area Landholding Agency: Energy Property Number: 31200310013 Bldg. 721–A Property Number: 41200430001 Status: Unutilized Savannah River Operations Status: Excess Reason: Extensive deterioration Aiken SC 29802– Reason: Secured Area
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8462 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Bldg. 710–015N Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldg. 709–000A Aiken Co: SC 29802– Property Number: 41200430012 Savannah River Operations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430002 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldgs. 211–005F, 008F, 042F Property Number: 41200430023 Reason: Secured Area Savannah River Operations Status: Excess Bldg. 713–000N Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldg. 710–000N Aiken Co: SC 29802– Property Number: 41200430013 Savannah River Operations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430003 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldg. 221–016F Property Number: 41200430024 Reason: Secured Area Savannah River Operations Status: Excess Bldg. 717–000C Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldgs. 723–001L, 002L, 003L Aiken Co: SC 29802– Property Number: 41200430014 Savannah River Opeations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430004 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldgs. 221–034F, 035F Property Number: 41200430025 Reason: Secured Area Savannah River Operations Status: Excess Bldg. 717–011N Aiken Co: SC 29802– Reason: Secured Area Savannah River Opeations Landholding Agency: Energy Bldg. 725–000A Aiken Co: SC 29802– Property Number: 41200430015 Savannah River Operations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430005 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldgs. 221–053F, 054F Property Number: 41200430026 Reason: Secured Area Savannah River Operations Status: Excess Bldgs. 80–9G, 10G Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldg. 763–000A Aiken Co: SC 29802– Property Number: 41200430016 Savannah River Opeations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430006 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldgs. 252–003F, 005F Property Number: 41200430027 Reason: Secured Area Savannah River Operations Status: Excess Bldgs. 105–P, 105–R Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldg. 221–013F Aiken Co: SC 29802– Property Number: 41200430017 Savannah River Operations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430007 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldg. 607–022P Property Number: 41200430028 Reason: Secured Area Savannah River Operations Status: Excess Bldg. 183–002P Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldg. 278–002N Aiken Co: SC 29802– Property Number: 41200430018 Savannah River Operations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430008 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldg. 614–002P Property Number: 41200430029 Reason: Secured Area Savannah River Operations Status: Excess Bldg. 183–003L Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldg. 315–M Aiken Co: SC 29802– Property Number: 41200430019 Savannah River Operations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430009 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldg. 647–000G Property Number: 41200430030 Reason: Secured Area Savannah River Operations Status: Excess Bldgs. 183–004K, 004L, 004P Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldg. 607–001A Aiken Co: SC 29802– Property Number: 41200430020 Savannah River Operations Landholding Agency: Energy Status: Excess Aiken Co: SC 29802– Property Number: 41200430010 Reason: Secured Area Landholding Agency: Energy Status: Excess Bldgs. 701–002P, 012A Property Number: 41200430031 Reason: Secured Area Savannah River Operations Status: Excess 6 Bldgs. Aiken Co: SC 29802– Reason: Secured Area Savannah River Operations Landholding Agency: Energy Bldg. 607–009C Aiken Co: SC 29802– Property Number: 41200430021 Savannah River Operations Location: 185–000K, 607–020K, 110–000L, Status: Excess Aiken Co: SC 29802– 107–000P, 607–024P, 109–000R Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 704–000P Property Number: 41200430032 Property Number: 41200430011 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 607–016A Bldg. 191–000L Property Number: 41200430022 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802–
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8463
Landholding Agency: Energy Bldg. 254–007F Property Number: 41200430054 Property Number: 41200430033 Savannah River Operations Status: Excess Status: Excess Reason: Aiken Co: SC 29802– Reason: Secured Area Secured Area Landholding Agency: Energy Bldg. 716–A Bldg. 607–038N Property Number: 41200430044 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802– Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 281–001F Property Number: 41200430055 Property Number: 41200430034 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 719–000A Bldg. 614–002C Property Number: 41200430045 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802– Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 281–004F Property Number: 41200430056 Property Number: 41200430035 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 720–000A Bldg. 614–002K Property Number: 41200430046 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802– Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 281–006F Property Number: 41200430057 Property Number: 41200430036 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 754–008A Bldg. 614–002L Property Number: 41200430047 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802– Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 305–000A Property Number: 41200430058 Property Number: 41200430037 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 763–000A Bldg. 701–001F Property Number: 41200430048 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802– Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 701–012A Property Number: 41200430059 Property Number: 41200430038 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldgs. 772–008G, 009G, 010G Bldg. 701–002C Property Number: 41200430049 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802– Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 703–045A Property Number: 41200430060 Property Number: 41200430039 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 777–010A Bldg. 716–002A Property Number: 41200430050 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802– Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 703–071A Property Number: 41200430061 Property Number: 41200430040 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldgs. 709–005F, 004F Bldg. 901–001K Property Number: 41200430051 Savannah River Operations Savannah River Operations Status: Excess Aiken Co: SC 29802– Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 709–000A Property Number: 41200430062 Property Number: 41200430041 Savannah River Operations Status: Excess Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 186–R Bldgs. 221–21F, 22F Property Number: 41200430052 Savannah River Site Savannah River Operations Status: Excess Aiken Co: SC Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 710–000A Property Number: 41200430063 Property Number: 41200430042 Savannah River Operations Status: Unutilized Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 190–R Bldg. 221–033F Property Number: 41200430053 Savannah River Site Savannah River Operations Status: Excess Aiken Co: SC Aiken Co: SC 29802– Reason: Secured Area Landholding Agency: Energy Landholding Agency: Energy Bldg. 713–000A Property Number: 41200430064 Property Number: 41200430043 Savannah River Operations Status: Unutilized Status: Excess Aiken Co: SC 29802– Reason: Secured Area Reason: Secured Area Landholding Agency: Energy Bldg. 230–H
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8464 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Savannah River Site Property Number: 41200440010 Reason: Water treatment plant Aiken Co: SC Status: Unutilized Water Treatment Plant Landholding Agency: Energy Reason: Secured Area Dale Hollow Lake & Dam Project Property Number: 41200430065 Bldg. 740–001A Lillydale Recreation Area, State Hwy 53 Status: Unutilized Savannah River Site Livingston Co: Clay TN 38351– Reason: Secured Area Aiken Co: SC 29802– Landholding Agency: COE 4 Bldgs. Landholding Agency: Energy Property Number: 31199140012 Savannah River Site Property Number: 41200440011 Status: Excess #281–2F, 281–5F, 285–F, 285–5F Status: Unutilized Reason: Water treatment plant Aiken Co: SC Reason: Secured Area Water Treatment Plant Landholding Agency: Energy Bldg. 608–000P Dale Hollow Lake & Dam Project Property Number: 41200430066 Savannah River Site Willow Grove Recreational Area, Hwy No. 53 Status: Unutilized Aiken Co: SC 29802– Livingston Co: Clay TN 38351– Reason: Secured Area Landholding Agency: Energy Landholding Agency: COE Bldgs. 711–3N, 717–12N Property Number: 41200440031 Property Number: 31199140013 Savannah River Site Status: Excess Status: Excess Aiken Co: SC Reason: Secured Area Reason: Water treatment plant Landholding Agency: Energy Bldg. 690–000N Comfort Station/Land Property Number: 41200430067 Savannah River Site Cook Campground Status: Unutilized Aiken Co: SC 29802– Nashville Co: Davidson TN 37214– Reason: Secured Area Landholding Agency: Energy Landholding Agency: COE Bldgs. 186L, 190L Property Number: 41200440032 Property Number: 31200420024 Savannah River Site Status: Underutilized Status: Unutilized Aiken Co: SC 29802– Reason: Secured Area Reason: Floodway Landholding Agency: Energy Bldg. 763–106N Tracts 915, 920, 931C–1 Property Number: 41200430069 Savannah River Site Cordell Hull Dam/Reservoir Status: Unutilized Aiken Co: SC 29802– Cathage Co: Smith TN 37030– Reason: Secured Area Landholding Agency: Energy Landholding Agency: COE Bldg. 701–000M Property Number: 41200440033 Property Number: 31200430016 Savannah River Site Status: Underutilized Status: Unutilized Aiken Co: SC 29802– Reason: Secured Area Reasons: Floodway; landlocked Landholding Agency: Energy Bldgs. 1000 thru 1021 Bldg. 3004 Property Number: 41200430084 Naval Weapons Station Oak Ridge National Lab Status: Unutilized Goose Creek Co: Berkeley SC 29445– Oak Ridge Co: Roane TN 37831– Reason: Secured Area Landholding Agency: Navy Landholding Agency: Energy Bldg. 701–002A Property Number: 77200440018 Property Number: 41199710002 Savannah River Site Status: Unutilized Status: Unutilized Aiken Co: SC 29802– Reason: Secured Area Reasons: Secured Area; Extensive Landholding Agency: Energy deterioration South Dakota Property Number: 41200430085 Bldgs. 9714–3, 9714–4, 9983–AY Status: Unutilized Mobile Home Y–12 Pistol Range Reason: Secured Area Tract L–1295 Oak Ridge Co: Anderson TN 37831– Bldg. 701–003A Oahe Dam Landholding Agency: Energy Savannah River Site Potter SD 00000– Property Number: 41199720004 Aiken Co: SC 29802– Landholding Agency: COE Status: Unutilized Landholding Agency: Energy Property Number: 31200030001 Reason: Secured Area Status: Excess Property Number: 41200430086 5 Bldgs. Reason: Extensive deterioration Status: Unutilized K–724, K–725, K–1031, K–1131, K–1410 Reason: Secured Area Tennessee East Tennessee Technology Park Bldg. 721–002A Bldg. 204 Oak Ridge Co: Roane TN 37831– Savannah River Site Cordell Hull Lake and Dam Project Landholding Agency: Energy Aiken Co: SC 29802– Defeated Creek Recreation Area Property Number: 41199730001 Landholding Agency: Energy Carthage Co: Smith TN 37030– Status: Unutilized Property Number: 41200430087 Location: US Highway 85 Reason: Extensive deterioration Status: Unutilized Landholding Agency: COE Bldg. 9418–1 Reason: Secured Area Property Number: 31199011499 Y–12 Plant Bldg. 726–000A Status: Unutilized Oak Ridge Co: Anderson TN 37831– Savannah River Site Reason: Floodway Landholding Agency: Energy Aiken Co: SC 29802– Tract 2618 (Portion) Property Number: 41199810026 Landholding Agency: Energy Cordell Hull Lake and Dam Project Status: Unutilized Property Number: 41200430088 Roaring River Recreation Area Reasons: Secured Area; Extensive Status: Unutilized Gainesboro Co: Jackson TN 38562– deterioration Reason: Secured Area Location: TN Highway 135 Bldg. 9825 Bldg. 122–R Landholding Agency: COE Y–12 Plant Savannah River Site Property Number: 31199011503 Oak Ridge Co: Anderson TN 37831– Aiken Co: SC 29802– Status: Underutilized Landholding Agency: Energy Landholding Agency: Energy Reason: Floodway Property Number: 41199810027 Property Number: 41200440009 Water Treatment Plant Status: Unutilized Status: Unutilized Dale Hollow Lake & Dam Project Reason: Secured Area Reason: Secured Area Obey River Park, State Hwy 42 17 Bldgs. Bldg. 151–2R Livingston Co: Clay TN 38351– Oak Ridge Tech Park Savannah River Site Landholding Agency: COE Oak Ridge Co: Roane TN 37831– Aiken Co: SC 29802– Property Number: 31199140011 Location: K–801, A–D, H, K–891, K–892, Landholding Agency: Energy Status: Excess K1025A–E, K–1064B–E, H, K, L, K1206–E
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8465
Landholding Agency: Energy #10–002, 11–009, 12–013, 12–078, 12–R–078 Appomattox Co: VA 24522– Property Number: 41200310007 Amarillo Co: Carson TX 79120– Landholding Agency: Interior Status: Unutilized Landholding Agency: Energy Property Number: 61200440004 Reasons: Secured Area; Extensive Property Number: 41200410003 Status: Excess deterioration Status: Unutilized Reason: Extensive deterioration Bldg. SC–3 Reasons: Within 2000 ft. of flammable or Bldg. 3041A ORISE explosive material; Secured Area Marine Corps Base Oak Ridge Co: Anderson TN 37831– Bldg. 15–016 Quantico Co: VA 22134– Landholding Agency: Energy Pantex Plant Landholding Agency: Navy Property Number: 41200340001 Amarillo Co: Carson TX 79120– Property Number: 77200440019 Status: Unutilized Landholding Agency: Energy Status: Excess Reasons: Secured Area; Extensive Property Number: 41200420017 Reasons: Secured Area; Extensive deterioration Status: Unutilized deterioration Pump House/6 acres Reason: Secured Area Bldg. 3215 Volunteer Army Ammo Plant Bldg. 4–052P Marine Corps Base Chattanooga Co: Hamilton TN 37422– Pantex Plant Quantico Co: VA 22134– Landholding Agency: GSA Amarillo Co: Carson TX 79120– Landholding Agency: Navy Property Number: 54200440013 Landholding Agency: Energy Property Number: 77200440020 Status: Surplus Property Number: 41200420018 Status: Excess Reason: Within 2000 ft. of flammable or Status: Unutilized Reasons: Secured Area; Extensive explosive material Reason: Secured Area deterioration GSA Number: 4DTN05943T Border Patrol Station Washington Hebbronville Co: Jim Hogg TX 78361– 25 Bldgs. Rec Storage Bldg. Landholding Agency: GSA Naval Support Activity Richland Parks Property Number: 54200440016 Millington Co: TN 38054– Richland Co: Benton WA 99352– Status: Surplus Location: 2032, 2037, 2041, 2043, 2056, 2072, Landholding Agency: COE Reason: Within 2000 ft. of flammable or 2085–2086, 2089–2090, 2099, 2103, 2105– Property Number: 31200240019 explosive material 2106, 501, 596, 429, 431–433, 1045, 570– Status: Unutilized GSA Number: 7–J–TX–0621B 573 Reason: Extensive deterioration Landholding Agency: Navy Bldg. 25 Railroad Club Bldg. Property Number: 77200430024 Naval Air Station McNary Lock & Dam Proj Status: Excess Corpus Christi Co: Nueces TX 78419– Richland Co: Benton WA 99352– Reason: Secured Area Landholding Agency: Navy Landholding Agency: COE Property Number: 77200510011 Texas Property Number: 31200410006 Status: Excess Comfort Station Status: Excess Reason: Secured Area Overlook PUA Reason: Within 2000 ft. of flammable or Powderly Co: Lamar TX 75473–9801 Bldg. 1261 explosive material Naval Air Station Landholding Agency: COE Barn Corpus Christi Co: Nueces TX 78419– Property Number: 31200240018 Heart K Ranch Landholding Agency: Navy Status: Excess Near Thorp Co: Kittitas WA 98946– Property Number: 77200510012 Reason: Extensive deterioration Landholding Agency: Interior Status: Excess 58 Bldgs. Property Number: 61200330014 Reason: Secured Area Texoma Lake Status: Unutilized Denison TX 75020–6425 Bldg. 1739 Reason: Extensive deterioration Naval Air Station Landholding Agency: COE Garage/Shop Corpus Christi Co: Nueces TX 78419– Property Number: 31200340035 Heart K Ranch Landholding Agency: Navy Status: Excess Near Thorp Co: Kittitas WA 98946– Property Number: 77200510013 Reason: Extensive deterioration Landholding Agency: Interior Status: Excess Zone 5, Bldg. FS–18 Property Number: 61200330015 Reason: Secured Area Pantex Plant Status: Unutilized Amarillo Co: Carson TX 79120– Bldg. 1826 Reason: Extensive deterioration Naval Air Station Landholding Agency: Energy 1-Stall Garage Corpus Christi Co: Nueces TX 78419– Property Number: 41200220044 Heart K Ranch Landholding Agency: Navy Status: Unutilized Near Thorp Co: Kittitas WA 98946– Property Number: 77200510014 Reasons: Within 2000 ft. of flammable or Landholding Agency: Interior Status: Excess explosive material; Secured Area Property Number: 61200330016 Reason: Secured Area Zone 12, Bldg. 12–20 Status: Unutilized Pantex Plant Virginia Reason: Extensive deterioration Amarillo Co: Carson TX 79120– PHL–188855, 16498, 16693 Residence Landholding Agency: Energy Mize Point Campground Heart K Ranch Property Number: 41200220053 Bassett Co: VA 24055– Near Thorp Co: Kittitas WA 98946– Status: Unutilized Landholding Agency: COE Landholding Agency: Interior Reasons: Within 2000 ft. of flammable or Property Number: 31200510014 Property Number: 61200330017 explosive material; Secured Area Status: Unutilized Status: Unutilized Bldgs. 12–017E, 12–019E Reason: Extensive deterioration Reason: Extensive deterioration Pantex Plant E. Beale House Storage Amarillo Co: Carson TX 79120– Tract 01–132 Heart K Ranch Landholding Agency: Energy Appomattox Co: VA 24522– Near Thorp Co: Kittitas WA 98946– Property Number: 41200320010 Landholding Agency: Interior Landholding Agency: Interior Status: Unutilized Property Number: 61200440003 Property Number: 61200330018 Reasons: Within 2000 ft. of flammable or Status: Excess Status: Unutilized explosive material; Secured Area Reason: Extensive deterioration Reason: Extensive deterioration 5 Bldgs. Ferguson House Residence No. 50 Pantex Plant Tract 01–124 1807 Rest Haven Road
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8466 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Yakima WA 98901– Reason: Extensive deterioration Reason: Secured Area Landholding Agency: Interior Bldg. 81 Bldgs. 79, 884 Property Number: 61200330019 39307 Kelly Road NAS Whidbey Island Status: Unutilized Benton City Co: Benton WA 99320– Seaplane Base Reason: Extensive deterioration Landholding Agency: Interior Oak Harbor Co: WA 98277– Cow Barn Property Number: 61200340001 Landholding Agency: Navy 1807 Rest Haven Road Status: Unutilized Property Number: 77200440011 Yakima WA 98901– Reason: Extensive deterioration Status: Unutilized Landholding Agency: Interior Garage/81 Reason: Secured Area Property Number: 61200330020 39307 Kelly Road Bldg. 121 Status: Unutilized Benton City Co: Benton WA 99320– NAS Whidbey Island Reason: Extensive deterioration Landholding Agency: Interior Ault Field Chicken Coop Property Number: 61200340002 Oak Harbor Co: WA 98277– 1807 Rest Haven Road Status: Unutilized Landholding Agency: Navy Yakima WA 98901– Reason: Extensive deterioration Property Number: 77200440012 Landholding Agency: Interior Bldg. 73 Status: Unutilized Property Number: 61200330021 1171 Beane Road Reason: Secured Area Status: Unutilized Moxee Co: Yakima WA 98936– Bldg. 419 Reason: Extensive deterioration Landholding Agency: Interior NAS Whidbey Island Garage/No. 804 Property Number: 61200340003 Ault Field Columbia Basin Status: Unutilized Oak Harbor Co: WA 98277– George Co: Grant WA 98848– Reason: Extensive deterioration Landholding Agency: Navy Landholding Agency: Interior Garage/73 Property Number: 77200440013 Property Number: 61200330024 1171 Beane Road Status: Unutilized Status: Unutilized Moxee Co: Yakima WA 98936– Reason: Secured Area Reason: Extensive deterioration Landholding Agency: Interior Bldgs. 2609, 2610 Residence No. 804 Property Number: 61200340004 NAS Whidbey Island Columbia Basin Status: Unutilized Ault Field George Co: Grant WA 98848– Reason: Extensive deterioration Oak Harbor Co: WA 98277– Landholding Agency: Interior Bldg. 129 Landholding Agency: Navy Property Number: 61200330025 1917 Marsh Road Property Number: 77200440014 Status: Unutilized Yakima WA 98901– Status: Unutilized Reason: Extensive deterioration Landholding Agency: Interior Reason: Secured Area Garage/No. 801 Property Number: 61200340005 Bldg. 2753 Columbia Basin Status: Unutilized NAS Whidbey Island George Co: Grant WA 98848– Reason: Extensive deterioration Ault Field Landholding Agency: Interior Bldg. 529 Oak Harbor Co: WA 98277– Property Number: 61200330026 Puget Sound Naval Shipyard Landholding Agency: Navy Status: Unutilized Bremerton WA 98314–5000 Property Number: 77200440015 Reason: Extensive deterioration Landholding Agency: Navy Status: Unutilized Residence No. 801 Property Number: 77200040020 Reason: Secured Area Columbia Basin Status: Excess Bldg. 108 George Co: Grant WA 98848– Reason: Secured Area Naval Magazine Landholding Agency: Interior Bldg. 8 Port Hadlock Co: Jefferson WA 98339–9723 Property Number: 61200330027 Naval Reserve Center Landholding Agency: Navy Status: Unutilized Spokane Co: WA 99205– Property Number: 77200510015 Reason: Extensive deterioration Landholding Agency: Navy Status: Unutilized Garage/No. 305 Property Number: 77200430025 Reasons: Secured Area—Extensive Columbia Basin Status: Excess deterioration Soap Lake Co: Grant WA 98851– Reasons: Secured Area—Extensive West Virginia Landholding Agency: Interior deterioration Radio Transmitter Rcv Site Property Number: 61200330028 Bldgs. 10, 11 Greenbrier Street Status: Unutilized Naval Reserve Center Charleston WV 25311– Reason: Extensive deterioration Spokane Co: WA 99205– Landholding Agency: GSA Residence No. 305 Landholding Agency: Navy Property Number: 54200340011 Columbia Basin Property Number: 77200430026 Status: Excess Soap Lake Co: Grant WA 98851– Status: Excess Reason: Within 2000 ft. of flammable or Landholding Agency: Interior Reasons: Secured Area—Extensive explosive material Property Number: 61200330029 deterioration GSA Number: 4–U–WV–0547 Status: Unutilized Bldgs. 2656–2658 Reason: Extensive deterioration Naval Air Station Land (by State) Garage/Residence No. 304 Lake Hancock Arizona Columbia Basin Coupeville Co: Island WA 98239– 2.56 acres Soap Lake Co: Grant WA 98851– Landholding Agency: Navy Chauncy Ranch Landholding Agency: Interior Property Number: 77200430027 Phoenix Co: Maricopa AZ 85054– Property Number: 61200330030 Status: Unutilized Landholding Agency: GSA Status: Unutilized Reason: Secured Area Property Number: 61200430050 Reason: Extensive deterioration Bldgs. 2652, 2705 Status: Excess Residence No. 304 Naval Air Station Reason: Floodway Columbia Basin Whidbey GSA Number: 9–I–AZ–833 Soap Lake Co: Grant WA 98851– Oak Harbor Co: WA 98277– Landholding Agency: Interior Landholding Agency: Navy Colorado Property Number: 61200330031 Property Number: 77200440010 Landfill Status: Unutilized Status: Unutilized 48th & Holly Streets
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8467
Commerce Co: Adams CO 80022– Landholding Agency: COE GSA Number: 1–U–MI–0610 Landholding Agency: GSA Property Number: 31199011684 Minnesota Property Number: 54200220006 Status: Unutilized Status: Surplus Reason: Floodway Parcel A Reasons: Within 2000 ft. of flammable or Twin Cities Army Ammunition Plant Barren River Lock & Dam No. 1 Arden Hills MN 55112–3938 explosive material contamination Richardsville Co: Warren KY 42270– GSA Number: 7–Z–CO–0647 Landholding Agency: GSA Landholding Agency: COE Property Number: 54200240014 Florida Property Number: 31199120008 Status: Excess Status: Unutilized 3 parcels Reason: Within 2000 ft. of flammable or Reason: Floodway U.S. Customs Svc Natl Law explosive material Enforcement Comm Ctr Green River Lock & Dam No. 3 GSA Number: 1–D–MN–0578A Rochester Co: Butler KY 42273– Orlando Co: Orange FL 32803– Mississippi Landholding Agency: GSA Location: Off State Hwy. 369, which runs off Property Number: 54200310015 of Western Ky. Parkway Parcel 1 Status: Excess Landholding Agency: COE Grenada Lake Reason: Landlocked Property Number: 31199120009 Section 20 GSA Number: 4–T–FL–1209–1A Status: Unutilized Grenada Co: Grenada MS 38901–0903 Reason: Floodway Landholding Agency: COE Navy Site Alpha Property Number: 31199011018 Homestead Co: Miami/Dade FL Green River Lock & Dam No. 4 Landholding Agency: GSA Woodbury Co: Butler KY 42288– Status: Underutilized Property Number: 54200330009 Location: Off State Hwy 403, which is off Reason: Within airport runway clear zone Status: Surplus State Hwy 231 Missouri Landholding Agency: COE Reason: Flooding Ditch 19, Item 2, Tract No. 230 Property Number: 31199120014 GSA Number: 4–N–FL–1079 St. Francis Basin Project Status: Underutilized 21⁄2 miles west of Malden Hawaii Reason: Floodway Co: Dunklin MO Portion/PR111016 Green River Lock & Dam No. 5 Naval Station Landholding Agency: COE Readville Co: Butler KY 42275– Property Number: 31199130001 Beckoning Point Location: Off State Highway 185 Pearl Harbor Co: Honolulu HI 96860– Status: Unutilized Landholding Agency: COE Reason: Floodway Landholding Agency: Navy Property Number: 31199120015 Property Number: 77200440005 Status: Unutilized North Carolina Status: Unutilized Reason: Floodway Sites A,B,C,D,E Reason: Secured Area Green River Lock & Dam No. 6 Marine Corps Base Kentucky Brownsville Co: Edmonson KY 42210– Camp Lejeune Co: NC Tract 4626 Location: Off State Highway 259 Landholding AGENCY: Navy Barkley, Lake, Kentucky and Tennessee Landholding Agency: COE Property Number: 77200430053 Donaldson Creek Launching Area Property Number: 31199120016 Status: Underutilized Cadiz Co: Trigg KY 42211– Status: Underutilized Reason: Secured Area Location: 14 miles from US Highway 68. Reason: Floodway Portion/Training Area Landholding Agency: COE Vacant land west of locksite Marine Corps Base Property Number: 31199010030 Greenup Locks and Dam Camp Lejeune Co: NC Status: Underutilized 5121 New Dam Road Landholding Agency: Navy Reason: Floodway Rural Co: Greenup KY 41144– Property Number: 77200430065 Tract AA–2747 Landholding Agency: COE Status: Underutilized Wolf Creek Dam and Lake Cumberland Property Number: 31199120017 Reason: Secured Area U.S. Hwy 27 to Blue John Road Status: Unutilized Ohio Burnside Co: Pulaski KY 42519– Reason: Floodway Mosquito Creek Lake Landholding Agency: COE Tracts 111, 112 (Partial) Everett Hull Road Boat Launch Property Number: 31199010038 Dyer Creek Access Site Cortland Co: Trumbull OH 44410–9321 Status: Underutilized Smithland Locks & Dam Landholding Agency: COE Reason: Floodway Smithland Co: Livingston KY Property Number: 31199440007 Tract AA–2726 Landholding Agency: GSA Status: Underutilized Wolf Creek Dam and Lake Cumberland Property Number: 54200430001 Reason: Floodway KY Hwy 80 to Route 769 Status: Surplus Mosquito Creek Lake Burnside Co: Pulaski KY 42519– Reason: flooding Housel—Craft Rd., Boat Launch Landholding Agency: COE GSA Number: 4–D–KY–568–B Cortland Co: Trumbull OH 44410–9321 Property Number: 31199010039 Maryland Landholding Agency: COE Status: Underutilized Property Number: 31199440008 Reason: Floodway Tract 131R Youghiogheny River Lake, Rt. 2, Box 100 Status: Underutilized Tract 1358 Friendsville Co: Garrett MD Reason: Floodway Barkley Lake, Kentucky and Tennessee Landholding Agency: COE 36 Site Campground Eddyville Recreation Area Property Number: 31199240007 German Church Campground Eddyville Co: Lyon KY 42038– Status: Underutilized Berlin Center Co: Portage OH 44401–9707 Location: U.S. Highway 62 to state highway Reason: Floodway Landholding Agency: COE 93 Property Number: 31199810001 Landholding Agency: COE Michigan Status: Unutilized Property Number: 31199010043 Land/USCG Reason: Floodway Status: Excess 1380 Beach Street Reason: Floodway Muskegon MI 49441– Pennsylvania Red River Lake Project Landholding Agency: GSA Lock and Dam #7 Stanton Co: Powell KY 40380– Property Number: 54200320014 Monongahela River Location: Exit Mr. Parkway at the Stanton Status: Excess Greensboro Co: Greene PA and Slade Interchange, then take SR Hand Reason: Within 2000 ft. of flammable or Location: Left hand side of entrance roadway 15 north to SR 613 explosive material to project
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8468 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Landholding Agency: COE Dover Co: Stewart TN 37058– Landholding Agency: COE Property Number: 31199011564 Location: U.S. Highway 79/TN Highway 761 Property Number: 31199011486 Status: Unutilized Landholding Agency: COE Status: Unutilized Reason: Floodway Property Number: 31199011478 Reason: Floodway Mercer Recreation Area Status: Underutilized Tracts 2905 and 2907 Shenango Lake Reason: Floodway Webster Transfer Co: Mercer PA 16154– Tracts 3102, 3105, and 3106 Cordell Hull Lake and Dam Project Landholding Agency: COE Brimstone Launching Area Gainesboro Co: Jackson TN 38551– Property Number: 31199810002 Cordell Hull Lake and Dam Project Location: Big Bottom Road Status: Unutilized Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Reason: Floodway Location: Big Bottom Road Property Number: 31199011487 Tract No. B–212C Landholding Agency: COE Status: Unutilized Upstream from Gen. Jadwin Dam & Reservoir Property Number: 31199011479 Reason: Floodway Honesdale Co: Wayne PA 18431– Status: Excess Tracts 2200 and 2201 Landholding Agency: COE Reason: Floodway Gainesboro Airport Property Number: 31200020005 Tract 3507 Cordell Hull Lake and Dam Project Status: Unutilized Proctor Site Gainesboro Co: Jackson TN 38562– Reason: Floodway Cordell Hull Lake and Dam Project Location: Big Bottom Road Puerto Rico Celina Co: Clay TN 38551– Landholding Agency: COE Location: TN Highway 52 Property Number: 31199011488 Parcel 2R Landholding Agency: COE Status: Underutilized Naval Security Group Property Number: 31199011480 Reasons: Within airport runway clear zone; Sabana Seca Co: Toa Baja PR Status: Unutilized Floodway Landholding Agency: GSA Reason: Floodway Property Number: 54200210025 Tracts 710C and 712C Status: Excess Tract 3721 Sullivan Island Reason: Within 2000 ft. of flammable or Obey Cordell Hull Lake and Dam Project explosive material Cordell Hull Lake and Dam Project Carthage Co: Smith TN 37030– GSA Number: 1–N–PR–494 Celina Co: Clay TN 38551– Location: Sullivan Bend Road Location: TN Highway 53 Landholding Agency: COE Site 3 Landholding Agency: COE Property Number: 31199011489 Naval Station Roosevelt Roads Property Number: 31199011481 Status: Unutilized Ceiba PR 00735– Status: Unutilized Reason: Floodway Landholding Agency: Navy Reason: Floodway Property Number: 77200320031 Tract 2403, Hensley Creek Status: Unutilized Tracts 608, 609, 611 and 612 Cordell Hull Lake and Dam Project Reason: Secured Area Sullivan Bend Launching Area Gainesboro Co: Jackson TN 38562– Cordell Hull Lake and Dam Project Location: TN Highway 85 Site 4 Carthage Co: Smith TN 37030– Landholding Agency: COE Naval Station Roosevelt Roads Location: Sullivan Bend Road Property Number: 31199011490 Ceiba PR 00735– Landholding Agency: COE Status: Unutilized Landholding Agency: Navy Property Number: 31199011482 Reason: Floodway Property Number: 77200320032 Status: Underutilized Tracts 2117C, 2118 and 2120 Status: Unutilized Reason: Floodway Reason: Secured Area Cordell Hull Lake and Dam Project Tract 920 Trace Creek Tennessee Indian Creek Camping Area Gainesboro Co: Jackson TN 38562– Brooks Bend Cordell Hull Lake and Dam Project Location: Brooks Ferry Road Cordell Hull Dam and Reservoir Granville Co: Smith TN 38564– Landholding Agency: COE Highway 85 to Brooks Bend Road Location: TN Highway 53 Property Number: 31199011491 Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Status: Unutilized Location: Tracts 800, 802–806, 835–837, 900– Property Number: 31199011483 Reason: Floodway 902, 1000–1003, 1025 Status: Underutilized Tracts 424, 425 and 426 Landholding Agency: COE Reason: Floodway Cordell Hull Lake and Dam Project Property Number: 21199040413 Tracts 1710, 1716 and 1703 Stone Bridge Status: Underutilized Flynns Lick Launching Ramp Carthage Co: Smith TN 37030– Reason: Floodway Cordell Hull Lake and Dam Project Location: Sullivan Bend Road Cheatham Lock and Dam Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Highway 12 Location: Whites Bend Road Property Number: 31199011492 Ashland City Co: Cheatham TN 37015– Landholding Agency: COE Status: Unutilized Location: Tracts E–513, E–512–1 and E–512– Property Number: 31199011484 Reason: Floodway 2 Status: Underutilized Tract 517 Landholding Agency: COE Reason: Floodway J. Percy Priest Dam and Reservoir Property Number: 21199040415 Tract 1810 Suggs Creek Embayment Status: Underutilized Wartrace Creek Launching Ramp Nashville Co: Davidson TN 37214– Reason: Floodway Cordell Hull Lake and Dam Project Location: Interstate 40 to S. Mount Juliet Tract 2321 Gainesboro Co: Jackson TN 38551– Road J. Percy Priest Dam and Reservoir Location: TN Highway 85 Landholding Agency: COE Murfreesboro Co: Rutherford TN 37130– Landholding Agency: COE Property Number: 31199011493 Location: South of Old Jefferson Pike Property Number: 31199011485 Status: Underutilized Landholding Agency: COE Status: Underutilized Reason: Floodway Property Number: 31199010935 Reason: Floodway Tract 1811 Status: Excess Tract 2524 West Fork Launching Area Reason: Landlocked Jennings Creek Smyrna Co: Rutherford TN 37167– Tract 6737 Cordell Hull Lake and Dam Project Location: Florence road near Enon Springs Blue Creek Recreation Area Gainesboro Co: Jackson TN 38562– Road Barkley Lake, Kentucky and Tennessee Location: TN Highway 85 Landholding Agency: COE
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices 8469
Property Number: 31199011494 Reason: Floodway Status: Underutilized Status: Underutilized Tracts 510, 511, 513 and 514 Reason: Floodway Reason: Floodway J. Percy Priest Dam and Reservoir Project Part of Tract 323 Tract 1504 Lebanon Co: Wilson TN 37087– Joe Pool Lake J. Perry Priest Dam and Reservoir Location: Vivrett Creek Launching Area, Co: Dallas TX Lamon Hill Recreation Area Alvin Sperry Road Landholding Agency: COE Smyrna Co: Rutherford TN 37167– Landholding Agency: COE Property Number: 31199010399 Location: Lamon Road Property Number: 31199120007 Status: Underutilized Landholding Agency: COE Status: Underutilized Reason: Floodway Property Number: 31199011495 Reason: Floodway Tract 702–3 Status: Underutilized Tract A–142, Old Hickory Beach Granger Lake Reason: Floodway Old Hickory Blvd. Route 1, Box 172 Tract 1500 Old Hickory Co: Davidson TN 37138– Granger Co: Williamson TX 76530–9801 J. Perry Priest Dam and Reservoir Landholding Agency: COE Landholding Agency: COE Pools Knob Recreation Property Number: 31199130008 Property Number: 31199010401 Smyrna Co: Rutherford TN 37167– Status: Underutilized Status: Unutilized Location: Jones Mill Road Reason: Floodway Reason: Floodway Landholding Agency: COE Tract D, 7 acres Tract 706 Property Number: 31199011496 Cheatham Lock & Dam Granger Lake Status: Underutilized Nashville Co: Davidson TN 37207– Route 1, Box 172 Reason: Floodway Landholding Agency: COE Granger Co: Williamson TX 76530–9801 Tracts 245, 257, and 256 Property Number: 31200020006 Landholding Agency: COE Property Number: 31199010402 J. Perry Priest Dam and Reservoir Status: Underutilized Status: Unutilized Cook Recreation Area Reason: Floodway Reason: Floodway Nashville Co: Davidson TN 37214– Tract F–608 Location: 2.2 miles south of Interstate 40 near Cheatham Lock & Dam Virginia Saunders Ferry Pike Ashland Co: Cheatham TN 37015– 275.390 acres Landholding Agency: COE Landholding Agency: COE adjacent/Ft. Lee Military Rsv. Property Number: 31199011497 Property Number: 31200420021 Petersburg Co: Prince George VA Status: Underutilized Status: Unutilized Landholding Agency: GSA Reason: Floodway Reason: Floodway Property Number: 54200430017 Tracts 107, 109 and 110 Tracts G702–G706 Status: Surplus Cordell Hull Lake and Dam Project Cheatham Lock & Dam Reason: Secured Area Two Prong Ashland Co: Cheatham TN 37015– GSA Number: 4–GR–VA–545E Carthage Co: Smith TN 37030– Landholding Agency: COE Washington Location: US Highway 85 Property Number: 31200420022 2.8 acres Landholding Agency: COE Status: Unutilized Tract P–1003 Property Number: 31199011498 Reason: Floodway Kennewick Co: Benton WA 99336– Status: Unutilized 6 Tracts Landholding Agency: COE Reason: Floodway Shutes Branch Campground Property Number: 31200240020 Lakewood Co: Wilson TN Tracts 2919 and 2929 Status: Excess Landholding Agency: COE Cordell Hull Lake and Dam Project Reason: Within 2000 ft. of flammable or Property Number: 31200420023 Sugar Creek explosive material Gainesboro Co: Jackson TN 38562– Status: Unutilized West Virginia Location: Sugar Creek Road Reason: Floodway Landholding Agency: COE 51 acres Morgantown Lock and Dam Property Number: 31199011500 Volunteer Army Ammo Plant Box 3 RD #2 Status: Unutilized Chattanooga Co: Hamilton TN 37422– Morgantown Co: Monongahelia WV 26505– Reason: Floodway Landholding Agency: GSA Landholding Agency: COE Tracts 1218 and 1204 Property Number: 54200440014 Property Number: 31199011530 Cordell Hull Lake and Dam Project Status: Surplus Status: Unutilized Granville—Alvin Yourk Road Reason: Contamination Reason: Floodway Granville Co: Jackson TN 38564– GSA Number: 4DTN05943V London Lock and Dam Landholding Agency: COE 11 acres Route 60 East Property Number: 31199011501 Volunteer Army Ammo Plant Rural Co: Kanawha WV 25126– Status: Unutilized Chattanooga Co: Hamilton TN 37422– Location: 20 miles east of Charleston, W. Reason: Floodway Landholding Agency: GSA Virginia Property Number: 54200440015 Landholding Agency: COE Tract 2100 Status: Surplus Property Number: 31199011690 Cordell Hull Lake and Dam Project Reason: Contamination Status: Unutilized Galbreaths Branch GSA Number: 4DTN05943W Reason: .03 acres; very narrow strip of land Gainesboro Co: Jackson TN 38562– Location: TN Highway 53 Texas Portion of Tract #101 Buckeye Creek Landholding Agency: COE Tracts 104, 105–1, 105–2 & 118 Sutton Co: Braxton WV 26601– Property Number: 31199011502 Joe Pool Lake Landholding Agency: COE Status: Unutilized Co: Dallas TX Property Number: 31199810006 Reason: Floodway Landholding Agency: COE Status: Excess Property Number: 31199010397 Tract 104 et. al. Reason: Inaccessible Cordell Hull Lake and Dam Project Status: Underutilized Horshoe Bend Launching Area Reason: Floodway Wisconsin Carthage Co: Smith TN 37030– Part of Tract 201–3 Land Location: Highway 70 N Joe Pool Lake Badger Army Ammunition Plant Landholding Agency: COE Co: Dallas TX Baraboo Co: Sauk WI 53913– Property Number: 31199011504 Landholding Agency: COE Location: Vacant land within plant Status: Underutilized Property Number: 31199010398 boundaries.
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 8470 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Notices
Landholding Agency: GSA Status: Excess GSA Number: GSA–WI Property Number: 21199013783 Reason: Secured Area [FR Doc. 05–2892 Filed 2–17–05; 8:45 am] BILLING CODE 4210–29–P
VerDate jul<14>2003 15:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4703 E:\FR\FM\18FEN2.SGM 18FEN2 Friday, February 18, 2005
Part III
Department of Veterans Affairs 38 CFR Part 36 Loan Guaranty: Loan Servicing and Claims Procedures Modifications; Proposed Rule
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18FEP2.SGM 18FEP2 8472 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
DEPARTMENT OF VETERANS FOR FURTHER INFORMATION CONTACT: holder is conveying the property to VA AFFAIRS Richard P. Fyne, Assistant Director for following the liquidation sale; Loan Management (261), Veterans modifying the requirements for how 38 CFR Part 36 Benefits Administration, Department of long a holder must maintain records RIN 2900–AL65 Veterans Affairs, 810 Vermont Avenue, relating to loans for which VA has paid NW., Washington, DC 20420, at 202– a claim on the guaranty; modifying the Loan Guaranty: Loan Servicing and 273–7380, e-mail [email protected]. requirements for holders to report key Claims Procedures Modifications SUPPLEMENTARY INFORMATION: Under 38 events with regard to loans being serviced; and repealing the requirement AGENCY: Department of Veterans Affairs. U.S.C. chapter 37, VA guarantees loans made by private lenders to veterans for for holders to provide VA with ACTION: Proposed rule. the purchase, construction, and procedural papers in legal or equitable proceedings related to a loan on the SUMMARY: This document proposes to refinancing of homes owned and security property. amend the Department of Veterans occupied by veterans. Affairs (VA) Loan Guaranty regulations In connection with this program, VA Loss Mitigation Options/Alternatives to related to several aspects of the is conducting an internal, in-depth Foreclosure review of the entire Loan servicing and liquidating of guaranteed VA has always stressed the Administration process. ‘‘Loan housing loans in default, and submitting importance of loan holders and Administration’’ludes the servicing of of guaranty claims by loan holders. servicers finding alternatives to existing loans, dealing with loans in Specific topics addressed include: foreclosure. Under current regulations, default and loans being terminated, and Increased authority of servicers to however, holders generally need VA the processing of claims by loan holders implement loss-mitigation options, consent before they could accept a deed- under the guaranty after defaulted loans incentive payments to servicers for in-lieu of foreclosure or approve a have been foreclosed or otherwise successful alternatives to foreclosure compromise sale. Further, holders have terminated. Loan Administration also implemented, establishing a system of limited authority to modify existing measuring and ranking servicer includes efforts by VA and private loan loans without prior approval. VA is performance, permitting loan holders to holders to assist homeowners whose proposing to delegate more authority to review liquidation appraisals, requiring loans are in default to cure the default, servicers to approve these foreclosure holders to calculate the net value of the retain their home if possible, or find alternatives by removing many existing security property prior to foreclosure, other means short of foreclosure. VA restrictions on holders with regard to establishing a timeframe for when hopes to revise the Loan Administration such alternatives to foreclosure, foreclosure of a defaulted loan would be process to reflect changes in the loan publishing clear rules for how holders expected to have been completed, servicing industry in recent years, as may use such alternatives, and limiting the amount of interest and well as advances in technology. VA is establishing a hierarchy of alternatives other fees and charges that may be moving toward placing greater reliance to use in determining which alternative included in a guaranty claim, on private-sector servicing in should be considered and under what establishing attorneys fees allowed to be accordance with VA guidelines, with conditions they should be pursued. included in the guaranty claim, VA using advanced technology to establishing a deadline for the oversee holder actions. Loan Modification submission of guaranty claims, VA is now proposing a number of VA is proposing to modify § 36.4314 modifying the requirements for title changes to current procedures, by removing restrictive and confusing evidence for properties conveyed to VA including: giving servicers increased conditions and providing clear and following foreclosure, modifying the authority to implement loss-mitigation understandable rules to apply when requirements for how long a holder alternatives to foreclosure and paying considering whether or not to modify a must maintain records relating to loans servicers an incentive bonus for each loan to avoid termination. The industry for which VA has paid a claim on the successful loss-mitigation intervention has indicated that the current regulation guaranty, and eliminating the alternative to foreclosure implemented; is not in line with industry practices requirement for the submission of legal establishing a performance-based tier- and this has resulted in both under use procedural papers to VA. ranking system for servicers; permitting of this alternative to foreclosure and DATES: Comments must be received on qualified loan holders to review improper use in some cases. or before April 19, 2005. liquidation appraisals and establish the VA is also proposing to make a ADDRESSES: Written comments may be fair market value of the property; conforming amendment to § 36.4311(c). submitted by: mail or hand-delivery to requiring loan holders to calculate the That section currently prohibits a loan Director, Regulations Management net value of properties securing loans holder from charging an interest rate in (00REG1), Department of Veterans prior to foreclosure; establishing excess of the rate reported by the lender Affairs, 810 Vermont Ave., NW., Room timeframes for when VA would expect when the loan was made, on any 1068, Washington, DC 20420; fax to holders, exercising reasonable diligence, advance or in the event of delinquency (202) 273–9026; e-mail to should be able to complete the or default. The proposed amendment [email protected]; or, through foreclosure of defaulted loans; limiting would make an exception to that http://www.Regulations.gov. Comments the amount of interest and other fees prohibition to allow such an increased should indicate that they are submitted and charges that may be included in a interest rate as permitted under the in response to ‘‘RIN 2900–AL65.’’ All guaranty claim; establishing reasonable proposed amendments to § 36. 4314. comments received will be available for and customary attorney fees allowed to public inspection in the Office of be claimed under the guaranty; Refunding Regulation Policy and Management, establishing a deadline for holders to VA is proposing to amend § 36.4318 Room 1063B, between the hours of 8 submit claims under the guaranty and to by adding language that would require a.m. and 4:30 p.m., Monday through request reconsideration of denied servicers to provide VA with the Friday (except holidays). Please call claims; modifying the requirements for necessary loan transfer documents, (202) 273–9515 for an appointment. title evidence submitted to VA when the including all loan assignments, within
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8473
60 days from receipt of VA’s decision to guaranty payment it would receive approved to assume a veteran’s loan so refund the loan and further provides for following the compromise sale would the veteran may be released from further a penalty that may be imposed on not exceed the guaranty payment liability on the loan under 38 U.S.C. servicers who continually fail to provide following an actual foreclosure. In 3713 and 3714 have such liability. The loan transfer documents timely. VA addition, the holder would be required proposed paragraph (h) defines the term anticipates that the number of loans to ensure that the current owner of the ‘‘liable obligor’’ to include such refunded by VA will be dramatically property will not share in any of the individuals. The proposed paragraph (h) reduced because of the revisions being sales proceeds. Finally, certain obligors would require liable obligors to execute made to the loan modification authority will be required to execute a repayment an agreement to repay VA 50 percent of and feels that 60 days is a reasonable agreement before the holder may the debt that would otherwise be amount of time for servicers to obtain approve the compromise sale. (See assessed under existing § 36.4323. and provide the documents required to discussion of the proposed Reducing the obligor’s debt to VA VA. § 36.4319a(h), below.) should help induce liable obligors to VA also proposes to amend § 36.4330 In the event all conditions specified cooperate with holders in compromise relating to records retention. See the in this proposed paragraph (f) cannot be sales and deeds-in-lieu. discussion under the heading ‘‘Records met, but the holder believes a The repayment agreement would Retention and Post-Audit,’’ below. compromise sale would be in the best require that the first payment would be interest of the veteran and the Secretary, due on the first day of the first month Deeds-in-Lieu of Foreclosure and the holder may request advance which is one year after the deed-in-lieu Compromise Sales approval from VA for a compromise is executed or the compromise sale is Under § 36.4324(a), a holder currently sale. closed. For example, if the deed-in-lieu may not, without the prior consent of Under the proposed § 36.4319a(g), were executed October 23, 2004, the the VA, release a lien on the property holders would be permitted to accept first payment would be due November securing the loan. There are, however, deeds-in-lieu of foreclosure. VA regards 1, 2005. The obligation would bear circumstance where VA believes that it compromise sales as preferable to interest as established by the Secretary is in the best interests of all concerned deeds-in-lieu of foreclosure. Under a under 38 U.S.C. 5315(b)(2). That statute to permit a loan holder to take prompt compromise sale, the property will be mandates collecting interest on VA action and allow a transfer of title to the sold at approximately the fair market benefit debts. Interest would accrue property securing the loan to resolve a price, and VA will not be required to from the date the first payment was due. serious default short of actual incur the expenses of acquiring, The agreement would require equal foreclosure. managing, and reselling the property. monthly payments, with the total debt One such case would be to allow the Therefore, the proposed paragraph (g) repaid within 5 years after the first holder to accept a deed to the property would require that, before a holder may payment was due. tendered by the obligor. Another accept a deed-in-lieu, the holder must The signing of the required repayment situation is what VA refers to as a consider a compromise sale and find it agreement would not preclude a veteran ‘‘compromise sale.’’ This is when the is not practical. As with compromise from seeking to have the debt waived by property cannot be sold for an amount sales, the holder would be required to VA pursuant to 38 U.S.C. 5302. that will generate proceeds sufficient to estimate that the guaranty payment it Finally, the proposed paragraph (h) repay the entire loan balance. Under would receive following the deed-in- would require a written notice, sent by current VA procedures, the holder must lieu would not exceed the guaranty VA to the obligor by certified mail, obtain prior VA approval to accept a payment following an actual return receipt requested, of the actual deed-in-lieu of foreclosure or conduct a foreclosure. In addition, the holder amount of the debt, the rate of interest, compromise sale. would be required to determine that the the required monthly payment, the rate VA believes the delays caused by VA current owner can convey clear and of interest, and the right of veterans to needing to review and approve such marketable title of the property to VA. request waiver. This notice will be sent transactions in advance have resulted, Finally, certain obligors will be required after VA pays the guaranty claim in a number of cases, in missed to execute a repayment agreement because the amount paid under the opportunities to resolve defaults in a before the holder may approve the deed- guaranty establishes the debt. In this quick, cost-efficient manner. VA further in-lieu. (See discussion of the proposed case, the debt would normally be 50 believes that holders, given appropriate § 36.4319a(h), below.) percent of such claim payment, plus guidelines, can make proper decisions Also, as with compromise sales, in the interest. on approving deeds-in-lieu and event all conditions specified in this VA is also proposing to add a new compromise sales. proposed paragraph (g) cannot be met, definition to 38 CFR 36.4301 for the Accordingly, VA is proposing but the holder believes a deed-in-lieu term ‘‘compromise sale.’’ This term will paragraphs (f), (g), and (h) to the new 38 would be in the best interest of the mean a sale to a third party for an CFR 36.4319a. These paragraphs will veteran and the Secretary, the holder amount less than is sufficient to repay delegate authority to servicers to may request advance approval from VA the unpaid balance on the loan where approve a compromise sale of the for accepting a deed-in-lieu. the holder has agreed in advance to property or accept a deed-in-lieu of VA also proposes to add a new release the lien in exchange for the foreclosure and will specify the § 36.4319a(h) regarding repayment proceeds of such sale. In addition, VA conditions under which servicers may agreements. Under current § 36.4323, is proposing a conforming amendment exercise that authority. which is not being modified in this to § 36.4324. Under the proposed § 36.4319a(f), a regard by this proposed rule, certain holder would be permitted to approve a individuals are deemed to be liable to Servicer Tier Rankings and Loss- compromise sale if the holder the Government if VA is required to Mitigation Incentive Payments determines the loan is insoluble, the net make a payment under the guaranty. In newly proposed 38 CFR 36.4316 sale proceeds will equal or exceed the Generally, veterans whose loans have VA proposes to rank servicers into four net value of the property as computed closed on or before December 31, 1989, tiers, depending on their performance, by the holder, and that the estimated and individuals who have been with tier one being the highest rated and
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8474 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
tier four the lowest. VA is modeling the VA has received anecdotal evidence plan have been made or when the total tier ranking system after that used by that some servicers place less emphasis delinquency has been repaid, whichever the Federal Home Loan Mortgage on widespread use of foreclosure- occurs sooner. Special forbearance will Corporation (FHLMC), also known as avoidance measures on VA loans due to be deemed successful when the loan Freddie Mac. Specific criteria are not the fact that VA normally does not pay reinstates. A loan modification would yet established. VA is soliciting the incentives which have become the be deemed completed when the comments on criteria to be used in industry standard. modification agreement is signed and developing the tier rankings. A A major goal of the VA housing loan the loan reinstates. Finally, a servicer’s performance and tier ranking program is to assist veterans in compromise sale or deed-in-lieu of will not be publicly disclosed. obtaining home financing, and doing so foreclosure will be deemed successful For at least the first year, all servicers with the least risk of loss upon default when the servicer submits a claim under will be presumed to be in tier two, and to both the veteran and VA as guarantor the guaranty. eligible for loss-mitigation incentives of the loan and, ultimately, to the Finally, § 36.4317(d) provides that paid for that level. Federal Treasury. VA strives to avoid incentive payments for successful After VA has collected data under the foreclosure whenever reasonably repayment plans, special forbearance, new reporting requirements (see possible. If a means can be found to and loan modifications will be made to discussion under ‘‘Revised Reporting keep a veteran and the veteran’s family eligible servicers monthly. Payments for Requirements,’’ below) for six months, in the home or, if that is not possible, compromise sales and deeds-in-lieu of VA intends to review the data and to terminate the loan without foreclosure will be paid with the develop the criteria for ranking foreclosure, VA wishes to pursue that guaranty claim. servicers. Those criteria will then be alternative. This will be less costly to No incentive payment will be made to published in the Federal Register for both VA and the veteran, will prevent a servicer in tier four. While, as stated notice and comment. VA expects that the veteran’s credit record from above, the exact criteria for ranking servicers are still being developed, VA the computer system for such reporting reflecting a foreclosure, and if anticipates that tier four will be reserved will be operational by Summer 2005, necessary, allow the veteran a for servicers whose performance has and proposed rules for tier ranking will reasonable time to voluntarily vacate been significantly and repeatedly below be published in early calendar year and move from the home. Therefore, VA is now proposing to acceptable VA and industry standards. 2006. Those projected dates could be expand the incentive payment program VA does not believe additional rewards subject to adjustment due to technical by increasing the number of options for should be provided to a servicer whose delays in the development of the new which incentives will be paid, performance has been consistently system. increasing the number of servicers that below an acceptable level. The Once VA has adopted final rules for may qualify for incentives, and successful completion of loss-mitigation tier rankings, VA will monitor and grade formalizing the rules regarding the options by tier four servicers will, servicer performance on a quarterly amount of the incentive payments, the however, be considered in future basis, and annually adjust the tier timing of the payments, and the tests for rankings. Thus tier four servicers will ranking depending on the servicer’s qualifying for such payments. have an incentive to successfully performance over the past four calendar Under the proposed § 36.4317, VA complete these options. quarters using those standards. All will pay any servicer in tiers one, two, servicers will remain in tier two until and three an incentive payment for Revised Reporting Requirements their performance has been evaluated successfully completing any of the VA is also proposing to significantly for four calendar quarters after final tier following loss-mitigation options: revise the requirements for holders to ranking rules have been adopted. repayment plan, special forbearance, report the status of all guaranteed loans VA is also proposing to add a new 38 loan modification, compromise sale, in their portfolio and also to report CFR 36.4317 which provides for making and deed-in-lieu of foreclosure. Only significant events in the servicing and incentive payments to loan servicers in one incentive payment will be made termination of such loans. tier ranks one through three upon their with respect to a default required to be Currently, § 36.4315(a) requires the successful completion of certain reported to the Secretary under the holder to notify VA within 45 days after foreclosure avoidance, loss-mitigation proposed new § 36.4315a(d). That the debtor is 60 days in default on a options. Currently, loan servicers section would require reporting a payment (in effect, not later than 105 receive incentive payments from the default to VA within 5 business days days after the borrower fails to make a Department of Housing and Urban after a loan has been delinquent for 61 payment due). This section also requires Development, Fannie Mae, Freddie Mac, days. reporting within 45 days after the and some private mortgage insurance The amount of the incentive payment obligor has failed to pay real estate taxes companies for implementing various is set forth in a chart contained in the when due and such taxes have remained foreclosure-avoidance procedures on proposed § 36.4317(b), and will depend unpaid for at least 180 days, or the loans in serious default. As explained upon the servicer’s tier ranking and the obligor has been in default on any other below, VA currently pays such type of loss-mitigation action. The obligation under the loan for at least 90 incentives under limited circumstances. incentive payment will range from days after receiving notice from the In July 1995, VA administratively $1,000 (to a servicer in tier one for a lender to comply with such instituted the Servicer Loss Mitigation compromise sale) to $120 (for a servicer requirement. Program (SLMP). Participation in SLMP in tier three for a repayment plan or Currently, § 36.4316 establishes has been voluntary. Under SLMP, VA special forbearance). conditions under which servicers may, pays participating servicers an incentive The criteria for when a loss-mitigation at their option, file the notice prescribed for deeds-in-lieu of foreclosure and option will be considered successfully in § 36.4317, Notice of Intention to compromise sales. SLMP currently completed are contained in the Foreclose. This section, as well as the requires servicers to obtain VA consent proposed § 36.4317(c). A repayment related § 36.4317, are being eliminated before completing either of these plan would be deemed successful when in their entirety because they will no alternatives to foreclosure. four consecutive payments under the longer be necessary under the reporting
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8475
requirements defined in the new proposed reporting requirements, The computation of the net value for § 36.4315(a). discussed above, holders would be a specific property involves a simple VA is proposing to delete the current required to inform VA within 5 business mathematical computation. All that is default and foreclosure reporting days after any bankruptcy or other legal, required is knowing the fair market requirements cited in paragraph (a) of equitable, or administrative proceeding value of the property and the percentage § 36.4315, and §§ 36.4316, 36.4317. VA is filed that would materially affect the factor used by VA to represent the cost is proposing to add a new § 36.4315a loan termination, the lien, or the to VA of acquiring and disposing of the which will establish the new servicer security property. property. Multiplying the fair market reporting requirements for all Accordingly, VA is proposing to value by the cost factor produces the outstanding guaranteed loans. delete paragraphs (a), (b), and (c) of amount to subtract from the fair market This new section will require all § 36.4319. VA is further proposing to value and arrive at the net value. That holders to report information rewrite the existing paragraph (d) of percentage is determined annually by electronically to VA by use of a § 36.4319, which would become VA pursuant to 38 CFR 36.4301 computer. VA is currently developing a paragraph (a), by requiring that any legal (definition of net value) and published computer-based system for this purpose. process in an action to which VA is a in the Federal Register. Currently, that It is contemplated that holders will have party, prior to VA entering an factor is 11.87 percent. If the property the option of using a variety of methods appearance, shall be served on the VA has a fair market value of $100,000, the to input data to VA’s system. These Regional Counsel, the Attorney General, net value would be calculated as include: and the United States Attorney having follows: Data file exchange. jurisdiction over the area where the Fair market value ...... $100,000 Direct system interface. court is located. Currently, this Cost factor (11.87 percent of Direct input to VA through the paragraph requires service on the Loan $100,000) ...... (11,870) Internet. Guaranty Officer. VA believes these Net Value ...... 88,130 More specific information regarding pleadings should be served on VA’s Program participants have the use of this system will be provided counsel rather than the program official. later through industry releases, Service on the Attorney General and complained that VA has not been conferences, and training provided by United States Attorney are required by providing bidding instructions in a VA prior to implementation. Holders the Federal Rules of Civil Procedure. timely fashion. Program participants will need to obtain a user identification The existing paragraph (e), relating to have also advised that delays on the part and password from VA. Procedures for service of papers after the Secretary’s of the agency have resulted in delayed this will be announced at a later date. attorney in a legal proceeding has or postponed foreclosure sales and The existing paragraph (b) of entered an appearance, is being ultimately increased costs of loan § 36.4315, pertaining to acceptance of redesignated as paragraph (b). termination to VA, the veteran, and the partial payments by a holder, will Paragraph (f) of § 36.4319 does not loan holder. remain in a renamed § 36.4315, with pertain to procedural papers. It is being Accordingly, VA is proposing to add minor, non-substantive editorial deleted for the reasons explained under a new § 36.4319a, entitled ‘‘Loan revisions. the heading, Time for Loan Termination Termination.’’ This new section will and Limit on Interest and Charges, require loan holders to calculate the net Procedural Papers below. value of the security property for each Currently, paragraph (a) of § 36.4319 loan being terminated. Under the requires that, when a loan holder Calculation of Net Value proposed rule, at least 30 days prior to initiates or becomes a party to a legal or Under the governing statute, 38 U.S.C. the scheduled or anticipated date of the equitable proceeding involving a 3732(c)(3), when VA receives a notice liquidation sale, the loan holder must guaranteed housing loan or the property that a guaranteed loan in default is request that VA assign an appraiser to securing such loan, the holder provide about to be terminated, VA is required conduct a liquidation appraisal. VA with copies of all legal procedural to compute the ‘‘net value’’ of the Under existing regulations, § 36.4301, papers related to such action. Paragraph property securing the guaranteed loan. the term ‘‘liquidation sale’’ includes (b) of that section requires the holder to The term ‘‘net value’’ is defined in 38 voluntary deeds-in-lieu of foreclosure. provide VA with a copy of the notice of CFR 36.4301. Generally, ‘‘net value’’ is VA is proposing to amend the definition sale with respect to the property the fair market value of the property of ‘‘liquidation sale’’ to clarify that such securing such loans at least 30 days minus the costs VA estimates it would term includes a ‘‘compromise sale’’ (see prior to the liquidation sale or within 5 incur to acquire and dispose of the the discussion under the heading, days after first publication, whichever is property. Those costs are computed ‘‘Deeds-in-lieu of Foreclosure and later. Paragraphs (c) through (e) of that using the methodology contained in that Compromise Sales,’’ above). Following a section relate to service of such papers definition. Currently, VA calculates the compromise sale, the holder will submit when the Secretary is a party to a legal net value and provides this value in a claim under the guaranty to VA for the proceeding. writing to the holder along with unpaid balance on the loan. VA believes the requirement to instructions regarding the holder’s bid The liquidation appraisal will provide VA with all such papers when at the liquidation sale. Under detailed ordinarily be valid for 6 months. VA VA is not a party to the litigation formulae contained in 38 U.S.C. 3732(c), may, however, specify a shorter validity imposes an unnecessary paperwork the relationship between the veteran’s period on the appraisal if rapidly- burden on holders and their counsel. total indebtedness at time of foreclosure, changing market conditions make such The vast majority of papers filed in legal the net value of the property, and the shorter period in the best fiscal interests proceedings are ordinarily of little amount that the holder bids or receives of the United States. benefit to VA. Should VA have a need at the foreclosure sale determines the At this point, one of two scenarios to review certain documents, VA can amount that VA will pay the loan holder will occur. VA is proposing to permit make a specific request to the holder for on a guaranty claim and whether or not certain loan holders, within guidelines copies of any specific documents VA the holder has the option to convey the being established by VA, to review the needs to review. In addition, under the property to VA following foreclosure. appraisal report and determine the fair
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8476 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
market value of the property (see the foreclosure, the holder shall be deemed Processing Program (SAPP), modeled discussion under the heading, Servicer to have acquired the property at the after the LAPP guidelines, which are Appraisal Processing Program, below). liquidation sale for the lesser of the net contained in § 36.4344. If the holder is not eligible to value of the property or the obligor’s Under the proposed SAPP, VA is participate in the Servicer Appraisal total indebtedness. proposing to delegate authority to Processing Program (SAPP), VA will Editorial changes are also proposed to qualified employees of the servicer to review the liquidation appraisal report be made to § 36.4320 to reflect that the review liquidation appraisals and issue and determine the fair market value of holder will be computing the net value Notices of Value that establish the fair the property. VA will then inform the and to remove unnecessary language market value of the property for use holder of such fair market value in that merely repeats, without further when determining the net value of the writing. elaboration, the formulae contained in property for liquidation purposes. The Once the holder has either been 38 U.S.C. 3732(c). In addition, VA is proposed SAPP will be similar to the advised of or determined the fair market proposing to delete the provision in current LAPP guidelines and will value of the security property, the § 36.4320(c), which requires a holder to require the same qualifications for Staff holder will then calculate the net value obtain advance approval from VA before Appraisal Reviewer approval. using the published percentage-factor. accepting a deed-in-lieu of foreclosure. The holder will then determine what to Time for Loan Termination and Limit bid on the property at the liquidation Servicer Appraisal Processing Program on Interest and Charges sale, taking into account the net value Under current procedures, prior to the In computing the guaranty claim, as of the property the holder has liquidation sale loan holders request explained above under the heading calculated, the obligor’s total that VA assign an appraiser from the VA ‘‘Calculation of Net Value,’’ when VA indebtedness, and the formulae fee panel to perform a liquidation computes the amount payable under the contained in 38 U.S.C. 3732(c). appraisal. VA then reviews this guaranty, one of the statutory factors The loan holder’s accounting records appraisal and determines the fair market affecting this calculation is the obligor’s will contain sufficient information to value of the property. As explained total indebtedness. Under the legal enable the holder to determine the total above, this fair market value is used to instruments evidencing the loan, an indebtedness. VA also proposes to insert calculate the net value of the property. obligor’s total debt would ordinarily in § 36.4301 a definition of the term As discussed above, industry include all accrued but unpaid interest ‘‘Total Indebtedness.’’ For purposes of representatives have complained that through the date of the liquidation sale. 38 U.S.C. 3732(c), ‘‘Total Indebtedness’’ VA does not furnish timely bidding In addition, § 36.4313 allows a holder to will mean the sum of the unpaid information. VA believes that permitting advance and include as part of the total principal on the loan as of the date of holders to complete the net value indebtedness certain reasonable costs the liquidation sale, accrued unpaid computation will help alleviate this and charges. VA is permitted by 38 interest, subject to the maximum situation. VA recognizes, however, that U.S.C. 3732(a)(3), however, to establish interest allowable (which is discussed delays can still occur when VA obtains a date not later than the date of below under the heading Time for Loan and reviews the liquidation appraisal. judgment or decree of foreclosure or Termination and Limit on Interest and VA has received suggestions that VA sale, upon which the accrual of interest Charges) and fees and charges permitted move to another method of valuing and other charges shall cease. Currently, to be included in the guaranty claim by properties at liquidation, such as broker § 36.4319(f) provides that if the holder the regulations. price opinions and automated valuation does not bring appropriate action to Because the statute contains clear models. VA carefully considered such terminate the loan within 30 days after guidance regarding how the guaranty is alternatives, and concluded not to adopt being requested to do so by VA, than VA calculated and when the holder may an alternative valuation method at this may fix a date after which interest and convey the security to VA, there is no time. VA believes by randomly other charges will no longer accrue. need for VA to provide bidding assigning the valuation to a member of As part of the Loan Administration instructions in each case where there is VA’s fee panel, the opportunity for redesign process, VA has concluded that an actual foreclosure proceeding or fraud and undue influence is greatly holders should be given a reasonably- other liquidation sale. VA will, reduced. Further, VA already has a objective standard for determining when however, provide periodic training for panel of appraisers in place. VA will the foreclosure of a defaulted loan all loan holders and servicers regarding continue to monitor the work of its fee would be expected to have been net value calculation and bidding appraisers, and emphasize the necessity completed. VA further has concluded procedures. of performing liquidation appraisals in that the accrual of interest and other VA is also proposing a clarifying a timely manner. charges, for purposes of a guaranty amendment to § 36.4321 regarding claim Public Law 100–198, enacted claim, should cease after the holder has payments when the holder accepts a December 21, 1987, authorized the had such reasonable time to complete voluntary conveyance of the property in Lender Appraisal Processing Program loan termination. lieu of foreclosure. Under the formulae (LAPP) where VA could permit VA is therefore proposing to repeal contained in 38 U.S.C. 3732(c), in order qualified lenders, under guidelines the existing § 36.4319(f) which currently for VA to compute the guaranty claim issued by VA, to review loan-origination provides for an interest cut-off date. payable to the holder, it is necessary to appraisals, ensure adherence to VA- VA is also proposing to add a new know the amount for which the holder published minimum property § 36.4319a that would require a holder acquired the property at the liquidation requirements, and set the reasonable of a loan in serious default to sale. Unlike a traditional foreclosure value of properties for purposes of expeditiously and diligently pursue sale, when a holder accepts such a determining the maximum loan VA foreclosure as permitted under law once voluntary conveyance there is no public could guarantee. VA’s experience is that the decision to foreclose has been made. bid or exchange of funds. Therefore, VA the LAPP has worked well and often This section contains a table stating the is proposing to add language to expedites the loan-origination process. length of time a holder, exercising § 36.4321(c)(2) stating that, in the case Accordingly, VA is also proposing to reasonable diligence, should be able to of a voluntary conveyance in lieu of establish a Servicer Appraisal complete the foreclosure in each State.
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8477
In formulating that table, VA will through Friday, inclusive, excluding attorney fees which may be included in consider the published foreclosure Federal holidays. the claim may not exceed the lesser of timeframes for similar loans used by the In lieu of the current procedure where 10 percent of the outstanding U.S. Department of Housing and Urban VA notifies holders on a case-by-case indebtedness or $850. The current Development (HUD), Fannie Mae, and basis of a cut-off date after which regulation also permits additional fees Freddie Mac. VA will periodically interest and fees will no longer be paid, approved in advance by VA. By review the continued reasonableness of VA is proposing to amend § 36.4321 to administrative circular, VA has given such timeframes, and propose provide that the maximum unpaid blanket consent to field offices adjustments if needed, especially if interest which will be allowed under a permitting some additional fees for changes in State law have a significant guaranty claim will be the lesser of total bankruptcy. In addition, the current rule impact on the continued ability of unpaid interest as of the liquidation sale restricts the combined total of attorney holders to meet such timeframes. or interest for the timeframe VA fees and trustee fees allowed by specified under the proposed VA is also proposing to require § 36.4313(b)(4) to $850. § 36.4319a(a) plus 180 days. VA is also holders to notify VA five business days It has been the position of VA that the proposing to amend § 36.4313 to state prior to the foreclosure of any loan allowance of legal fees was never that advances and property expenses where the veteran has substantial equity intended to limit the amount the loan accruing more than the number of in the property securing the loan. holder may pay for legal services. It months VA specifies for liquidation to Holders will determine the equity by merely limited the amount that VA be completed plus 180 days from the subtracting the total indebtedness on the would reimburse the holder. As a date of the first uncured default may not guaranteed loan plus the balance owed practical matter, however, VA has been be included in the claim. on other liens of record from the fair advised, on numerous occasions, that VA may, however, permit additional many loan holders effectively limit what market value of the property securing interest, fees, and charges if the holder the loan. If the equity equals at least they will pay counsel for legal services was unable to complete the foreclosure in connection with the termination of 25% percent of the fair market value of due to bankruptcy of the debtor, appeals the security, this notice will be required. VA guaranteed loans to what VA will of the foreclosure judgments, reimburse the holder. The legal fees VA VA expects loan holders to forbearance in excess of 30 days granted permits are often significantly less than aggressively work with veterans in at the request of VA, or other factors fees for similar services permitted under default who have significant equity and beyond the control of the holder. The other Federal housing programs or by attempt to find ways to avoid determination of whether to permit federally-chartered market investors. VA foreclosure. As discussed above, VA is additional interest and charges to be believes that, in some instances, also proposing to provide servicers included in the claim will be made by attorneys give less priority to work incentives for the successful those officials specified in § 36.4342(b). related to the termination of VA implementation of loss-mitigation This rule will further provide that the guaranteed loans than to loans where alternatives to foreclosure options. VA Loan Guaranty Officer is authorized to attorney fees are greater. That can lead believes these loss-mitigation servicing redelegate the authority to make to costly delays. efforts are and will be generally determinations to allow additional Under the proposed rule, § 36.4313 successful. Nevertheless, VA is interest and other costs. will be amended to permit holders to proposing to require this notice as a VA wishes to note that establishing a include in their claim legal fees not to final effort to try to prevent a veteran maximum amount of interest allowable exceed the reasonable and customary needlessly losing substantial equity in a claim is not intended to be a charge for such services in the State through foreclosure. This notice will deadline for initiating foreclosure. VA where the property is located. VA will enable VA to review the servicing will include sufficient time in the publish at least annually following history and ensure that every reasonable foreclosure completion timeframes to publication of the final rule in the effort was made to avoid foreclosure. allow a holder exercising reasonable diligence to complete the foreclosure Federal Register a schedule listing the Once the holder has given VA this without losing the right to include in reasonable and customary fees for notice, the holder may proceed with the the guaranty claim all unpaid interest various services such as foreclosure foreclosure unless specifically and otherwise-allowable fees and actions, deeds-in-lieu of foreclosure, instructed by VA to do otherwise. VA charges. and bankruptcies for each State. In does not intend that this requirement The proposed rule would also make formulating this schedule, VA will will give veterans who have substantial editorial changes to paragraphs (b) and consider the published allowance for equity in the property any special rights (c) of § 36.4321 consistent with this attorney fees permitted for single-family or treatment, or that the notice will proposed rule. loan terminations by HUD, Fannie Mae, automatically trigger any delay in the and Freddie Mac. foreclosure. It merely provides VA the Attorneys Fees Upon publication of the final rule, the opportunity to take one last look and Currently, § 36.4313(b)(5) permits a following schedule of allowable fees for intervene in cases where VA, in its sole holder that has foreclosed a VA- services will be effective and will judgment, considers such action to be guaranteed loan to include as part of remain unless changed by publication appropriate. their guaranty claim a reasonable in the Federal Register as stated in the This proposal will also define the amount for legal services necessary to above paragraph: term ‘‘business day’’ to be Monday terminate the loan. The amount of BILLING CODE 4191–02–P
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8478 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4725 E:\FR\FM\18FEP2.SGM 18FEP2 EP18FE05.006 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8479
BILLING CODE 4191–02–C
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 EP18FE05.007 8480 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
The rule will retain the limit that the the effective date of the final rule, the maintenance of records. Currently, this combined total of attorney fees and guaranty claim must be submitted section requires holders to maintain trustee fees may not exceed the within 1 year after the effective date of records of payments received on a loan maximum allowance for attorney fees. the final rule. and disbursements chargeable to such If a holder files a claim within this loan until the Secretary is no longer Submitting Claims Under the Guaranty one-year period and new information liable as guarantor of such loan. It also Under current regulations, the holder subsequently comes to light, this requires the lender to retain copies of all does not have any deadline for filing a proposal would also permit loan origination records for at least two claim with respect to a terminated supplemental claims based on this new years after loan closing. This section guaranteed housing loan. information, provided that the also grants VA the right to inspect, The Federal Credit Reform Act of supplemental claims are filed within examine, or audit these records at a 1990, 2 U.S.C. 661, requires all Federal this one-year window. No claims will be reasonable time and place. agencies to determine the actual cost of considered if they are filed after this VA is proposing to modify that making and guaranteeing loans. For one-year period has elapsed. section to require that, if the Secretary budgetary purposes, the cost is This section will also permit a holder pays a claim on a guaranty, the records attributed to the ‘‘cohort year’’ in which to request that the Loan Guaranty currently required to be maintained by the loan is guaranteed or made. For Officer reconsider any item in the claim § 36.4330(a) relating to payments example, all costs related to a loan that was denied, provided that such a received and disbursements chargeable guaranteed by VA in Fiscal Year 2002 request for reconsideration is made to the loan be maintained electronically are attributed to the funds appropriated electronically within 30 days after the until 3 years after the Secretary made for that year, regardless of when a holder is advised that one or more items such claim payment. particular loan is terminated or when a in their claim have been denied. This Pursuant to the proposed specific cost is actually paid. Agencies rule will further provide that the Loan amendments to § 36.4314, VA is also are required to re-estimate the costs Guaranty Officer is authorized to proposing to require holders who annually of all loans guaranteed or redelegate the authority to make a modify loans to maintain the records made for each cohort year. The fact that determination on a reconsideration. supporting their decision to modify the a certain number of loans for a loan for 3 years after the modification Records Retention and Post-Audit particular cohort year were terminated agreement is executed. Such records and the Government was required to In order to expedite claim payment, would include credit reports, pay a claim or acquire a property is VA will not ordinarily require the verifications of income, employment, important information needed to make routine submission and review of assets, liabilities, and other factors the annual re-estimate. supporting documentation, such as affecting the obligor’s credit worthiness, To ensure accuracy in the Federal copies of bills and receipts, prior to work sheets, and any other documents budget process, VA needs to know payment of guaranty claims. In order to supporting the holder’s decision to within a reasonable time that specific ensure the fiscal integrity of the modify the loan. loans for particular cohort years have program, VA will, however, perform a Title Evidence been terminated and that costs will be full review, on a post-audit basis, of a incurred. random sample of claims filed by each VA is proposing to standardize the VA recognizes that holders cannot file servicer to ensure that amounts claimed documentation required as evidence of a claim immediately upon termination are proper and fully supported. The size acceptable title to the Secretary. because the holders need time to receive of the sample audited and the frequency Currently, the documentation required all bills and reconcile their accounts. of audits may be increased if VA finds may vary significantly depending on the VA believes, however, that holders a greater frequency of errors in claim property jurisdiction. In many cases, VA should be able to ascertain all necessary submissions by a particular holder. VA is requiring servicers to obtain title information and submit a claim within anticipates that the size of the sample policies insuring the Secretary following 1 year of the completion of the loan and the frequency of audit would be the foreclosure. VA’s experience has not termination process. reduced for servicers in tier one, and demonstrated that obtaining title Accordingly, VA is proposing to increased for servicers in tiers three and insurance is cost effective and this amend § 36.4321 to require a holder to four. In all cases, however, the size and requirement is therefore being submit a guaranty claim electronically frequency of audit will be based on a eliminated. VA is proposing that title within 1 year of the completion of the statistically valid sampling evidence presented for conveyance of a liquidation sale. For purposes of this methodology, and the size of the sample property be standardized across all requirement, the liquidation sale will be and the frequency of audit would be jurisdictions and reducing the amount considered completed when the last act immediately adjusted if significant of documentation required. VA will required under state law is taken to errors or irregularities were discovered. accept as evidence of title conveyance: either make the liquidation sale final, or Likewise, VA will not require holders a copy of the original mortgage, deed of obtain a judgment, a confirmation, or an to submit back-up documentation trust, or other security instrument used approval of the sale, excluding any regarding their credit underwriting for the terminated guaranteed loan, a redemption period. when holders modify existing loans copy of the deed or document When the holder accepts a voluntary under the proposed revision to evidencing transfer of interest and title conveyance in lieu of foreclosure, the § 36.4314. However, VA will review the at the foreclosure sale, and a Special liquidation sale will be deemed back-up documentation for a sample of Warranty Deed conveying title to the completed when the owner executes a modified loans as part of the routine Secretary. The holder will be deemed to deed to the holder or the holder’s post-audit process. warrant marketability of the title to the designee. In the case of a compromise Accordingly, in order to ensure VA is property for 3 years after transfer to VA. sale, the liquidation sale will be deemed able to perform such audits and ensure VA is proposing to add a provision completed on the date of settlement. the fiscal integrity of the loan guaranty that, when property is conveyed to VA, With respect to any loan where the program, VA is proposing to amend title should be conveyed to the liquidation sale was completed prior to § 36.4330, which pertains to ‘‘Secretary of Veterans Affairs, an
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8481
Officer of the United States.’’ The name delinquent borrowers. This new letter Processing Release of Liability of the current incumbent Secretary would be required to be sent if, within VA is also proposing to authorize all should not be included unless State law the first 6 months following the loan holders or their servicing agent who are requires naming a real person. This closing or the execution of a authorized to process loans under the complies with internal guidance modification agreement under the automatic processing authority to currently contained in VA operating proposed revision to § 36.4314, the process releases of liability for loans manuals. borrower is 45 days delinquent on a originated prior to March 1, 1988. VA is also proposing to delete, as loan payment, or, in the case of any Authority has already been given to obsolete, the language in § 36.4320(h)(5) other default, a payment is 75 days those certain holders or their servicing (redesignated as paragraph (c)(5) in this delinquent. This letter must be mailed agents to process releases of liability for proposed rule) stating that a violation of within 5 business days after the loans originating after March 1, 1988. a restriction based on race, color, creed, payment is delinquent for the time or national origin will not cause the period stated in the preceding sentence. Paperwork Reduction Act of 1995 conveyance of the property to be The letter shall contain at least the Under the Paperwork Reduction Act unacceptable to VA. Court decisions following information: of 1995 (44 U.S.C. 3501–3521), a and fair housing laws enacted since the (1) A toll-free telephone number and, collection of information is set forth in current rule was originally issued if available, an e-mail address for the provisions of §§ 36.4314, 36.4315a, shortly after World War II have made contacting the servicer; 36.4317, 36.4318, 36.4319, 36.4320, clear that any deed restrictions or (2) Explain the loss mitigation options 36.4321, 36.4323, 36.4324, and recorded covenants purporting to that may be available to the borrower; 36.4344a. restrict the ownership or occupancy of and OMB assigns control numbers to housing based upon race, color, religion, (3) Emphasize that the intent of loan collections of information it approves. national origin, or any other prohibited servicing is to retain home ownership VA may not conduct or sponsor, and a classification are absolutely void and whenever possible. person is not required to respond to, a unenforceable, and any attempt to In addition, this letter must contain collection of information unless it enforce such a restriction or otherwise the following language: discriminate in the sale, rental, displays a currently valid OMB control The delinquency of your mortgage loan is financing, or providing of brokerage number. a serious matter that could result in the loss Comments on the collections of services with regard to residential real of your home. If you are the veteran whose property is unlawful. Therefore, VA sees information should be submitted to the entitlement was used to obtain this loan, you Office of Management and Budget, no need to continue to refer to such can also lose your entitlement to a future VA unfortunate historical relics in the title home loan guaranty. If you are not already Attention: Desk Officer for the regulations. working with us to resolve the delinquency, Department of Veterans Affairs, Office please call us to discuss your workout of Information and Regulatory Affairs, Miscellaneous Servicing Procedures options. You may be able to make special Washington, DC 20503, with copies to VA is also proposing to amend payment arrangements that will reinstate the Director, Regulations Management § 36.4346 which pertains to servicing your loan. You may also qualify for a (00REG1)), Department of Veterans procedures for holders. repayment plan or loan modification. Affairs, 810 Vermont Avenue, NW., VA proposes to amend paragraph (c) VA has guaranteed a portion of your loan Washington, DC 20420. Comments and wants to ensure that you receive every should indicate that they are submitted of that section to require the holder to reasonable opportunity to bring your loan provide an annual statement of interest current and retain your home. VA can also in response to ‘‘RIN 2900–AL65.’’ paid, and taxes disbursed within 30 answer any questions you have regarding Title: Loan Guaranty—Loan Servicing days following the end of the calendar your entitlement. If you have access to the and Claims Procedures Modifications. year. This rule currently requires such Internet and would like to obtain more Summary of Collection of statement within 60 days of the end of information, you may access the VA Web site Information: Under these proposed the calendar year. This amendment will at http://www.va.gov. You may also learn regulatory amendments, parties conform § 36.4346 to the requirements where to speak to a VA Loan Administration servicing VA guaranteed loans must of 12 U.S.C. 2601, et. seq., the Real representative by calling 1–800–827–1000. comply with the following program Estate Settlement Procedures Act In addition, VA is proposing to amend changes (broken down by regulation): (RESPA). Because VA assumes holders the last sentence of paragraph (i)(2) of • Section 36.4314 ‘‘Under this are now complying with RESPA § 36.4346, which concerns procedures section, VA proposes requirements that requirements, VA does not believe this for when a holder learns that the loan servicers must apply to process proposed change will have any impact property securing a guaranteed loan loan modifications. Current provisions on holders. may have been abandoned. Currently, are ambiguous as to when servicers are VA is also proposing to amend this provision requires that, with respect required to process documentation of paragraph (g)(1) of that section. That to a loan more than 30 days delinquent, loan modifications. paragraph sets forth minimum if the holder confirms that the property • Section 36.4315a ‘‘Proposed collection actions holders must is abandoned, the holder must so notify changes to this section would increase undertake when a guaranteed loan is in VA within 15 days. VA is proposing to the reporting burden for (a) current default. VA is proposing to delete the revise this provision to require the loans, (b) loss mitigation actions, and (c) current requirement that the holder holder to report to VA within 5 business foreclosure alternatives considered for send a written notice to any borrower if days of confirming that the property has delinquent loans and certain specific a loan installment payment is not been abandoned or subjected to loan events (e.g., servicing transfer) as received within 17 days after the due extraordinary waste or hazard, and to they may occur. While these proposed date. The current rule requires that this immediately initiate action to protect changes would most likely result in an notice be mailed no later than the 20th the property and terminate the loan. increase in the number of defaults being day of the delinquency. Minor editorial and conforming reported, due to changes in reporting VA is also proposing to require amendments are also being made to this processes attributable to technological holders to send a new letter to certain section. advances, the current reporting burden
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8482 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
for § 36.4315a(d) with regard to default would limit the amount of time a eligibility criteria and estimate the reporting would be reduced from 10 servicer has to file a claim under processing and reporting time at one minutes per loan to about 1 second per guaranty. This proposal would not hour per case. This would result in an loan. As a result, the overall burden require any additional data collection estimated annual burden of 32,628 imposed by this section would be beyond what is currently being hours. significantly reduced. collected, but would change the transfer Description of Need for Information • Section 36.4317—This section media from paper to electronic. VA and Proposed Use of Information: The proposes to establish an incentive estimates that this change would reduce collections of information are necessary system to encourage servicers to the annual net reporting burden by to meet the program requirements for perform certain loss mitigation and 22,297 hours. servicing VA guaranteed home loans. foreclosure avoidance actions instead of • Section 36.4323—The proposed Description of Likely Respondents: VA performing these actions. amendment to this section would Companies who service housing loans Elimination of the currently-required extend authority to servicers who are guaranteed or insured by VA. Notice of Intention to Foreclose would authorized to process loans under the Estimated Number of Respondents: eliminate an annual reporting burden of automatic processing authority to 150. 15,075 hours. process releases of liability for loans Estimated Frequency of Responses: • Section 36.4318—This proposed originated prior to March 1, 1988. The 2,539,200. change provides for the possible change also allows servicers to collect Estimated Average Burden Per temporary suspension of property processing fees at the same rate as Collection: 1 minute. acquisition and claim payments, at the authorized for processing releases of Estimated Total Annual Reporting discretion of the Secretary, for certain liability for loans originating after and Record Keeping Burden: 42,320. servicers who continually fail to provide March 1, 1988. Current processes The Department considers comments the loan transfer legal documents to VA require servicers to complete and by the public on proposed collections of in a timely manner. VA expects to submit a statement of account to VA on information in— exercise its authority to refund a loan each case (VA FL 26–559). This OMB- • Evaluating whether the proposed only infrequently because of proposed approved form letter carries a collections of information are necessary changes discussed elsewhere in this respondent burden of 10 minutes. Since for the proper performance of the publication. Therefore, we estimate that this form letter will no longer be functions of the Department, including there will be a 95% reduction in the required, the existing respondent whether the information will have number of refunding cases completed burden would be reduced. However, practical utility; annually. Since the refunding request since servicers would have to process • Evaluating the accuracy of the carries certain paperwork burdens, releases of liabilities under this Department’s estimate of the burden of estimated at 5 minutes per case, we proposal, there will be an increased the proposed collections of information, estimate that there will be a net decrease number of occurrences. We estimate an including the validity of the in this burden by 197 hours. annual increased respondent burden of methodology and assumptions used; • Section 36.4319—Proposed changes 2,067 hours. • Enhancing the quality, usefulness, to this section would result in a • Section 36.4324—Pursuant to the and clarity of the information to be significant reduction in the reporting proposed change to this section, VA collected; and and recordkeeping burden to the public. would delegate authority to servicers to • Minimizing the burden of the First, under existing requirements, loan process partial releases without prior collections of information on those who servicers are required to provide a copy VA approval if specific conditions are are to respond, including through the of all legal notices or filings to the met. Currently, servicers must provide use of appropriate automated, Secretary in all legal proceedings, VA with paper copies of all documents electronic, mechanical, or other including bankruptcy and foreclosure. required for VA to make the decision. technological collection techniques or VA proposes to eliminate this Under the proposed process, the other forms of information technology, requirement. In addition, this proposal servicer will not be obtaining and e.g., permitting electronic submission of would also eliminate the requirement forwarding those documents to VA responses. that a servicer send VA a completed VA since the servicer will be making the FL 26–567 in every potential loan decision. In those cases in which the Unfunded Mandates termination. The net decrease in the servicer would have to obtain an The Unfunded Mandates Reform Act public’s reporting and recordkeeping appraisal and review and make a requires, at 2 U.S.C. 1532, that agencies burden is estimated at just over 26,000 decision, there will be a new respondent prepare an assessment of anticipated hours. burden. We anticipate an increased costs and benefits before developing any • Section 36.4320—This section annual burden of 160 hours. rule that may result in an expenditure proposes a modification in the way in • Section 36.4344a—Proposed by State, local, or tribal governments, in which servicers may file an election to changes to this section would extend the aggregate, or by the private sector, of convey a property to VA and reduces authority to those servicers currently $100 million or more in any given year. the amount of information VA currently authorized to process origination This final rule would have no such obtains from a servicer when properties appraisals under the Lender Appraisal effect on State, local, or tribal are conveyed to VA. As a result of this Processing Program (LAPP) to process governments, or the private sector. proposed change, the net reporting liquidation appraisals under the new burden would be decreased by 2,500 Servicer Appraisal Processing Program Executive Order 12866 hours annually. (SAPP). All requirements currently in This document has been reviewed by • Section 36.4321—This proposal place for LAPP will also be in place for the Office of Management and Budget would change the manner in which SAPP. During Fiscal Year 2003 VA under Executive Order 12866. claims are filed from paper submission processed a total of 43,504 liquidation to electronic data transfer, would reduce appraisals. We estimate that 75% of Regulatory Flexibility Act the amount of data and documentation those appraisals (32,628) would be able The Secretary hereby certifies that required for servicers to file claims, and to be processed by servicers meeting the this proposed rule would not have a
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8483
significant economic impact on a in advance to release the lien in (iii) In no event may the combined substantial number of small entities as exchange for the proceeds of such sale. total paid for legal fees under paragraph they are defined in the Regulatory * * * * * (b)(5)(i) of this section and trustee’s fees Flexibility Act, 5 U.S.C. 601–612. The Holder. The lender or any subsequent pursuant to paragraph (b)(4) of this vast majority of VA loans are serviced assignee or transferee of the guaranteed section exceed the applicable maximum by very large financial companies. Only obligation or the authorized servicing allowance for legal fees established a handful of small entities service VA agent (also referred to as ‘‘the servicer’’) under paragraph (b)(5)(ii) of this section. loans and they service only a very small of the lender or of the assignee or * * * * * number of loans. This proposal, which transferee. (f)(1) Fees and charges otherwise only impacts veterans, other individuals * * * * * allowable by this section that accrue obligors with guaranteed loans, and Liquidation sale. * * * This term also after the date specified in paragraph companies that service VA loans, will includes a compromise sale. (f)(2) of this section may not be included have very minor impact on a very small * * * * * in a claim under the guaranty. number of small entities servicing such Total indebtedness: For purposes of (2) The date referenced in paragraph loans. Therefore, pursuant to 5 U.S.C. 38 U.S.C. 3732(c), the veteran’s ‘‘total (f)(1) of this section will be computed by 605(b), the proposed rule is exempt indebtedness’’ shall be the sum of: the adding to the date of the first uncured from the initial and final regulatory unpaid principal on the loan as of the default the reasonable period that the flexibility analysis requirements of date of the liquidation sale, accrued Secretary has determined, pursuant to sections 603 and 604. unpaid interest permitted by § 36.4319a(a) of this part, it should have The Catalog of Federal Domestic § 36.4321(a), and fees and charges taken to complete the foreclosure, plus Assistance Program number is 64.114. permitted to be included in the guaranty 180 days. There will also be added to List of Subjects in 38 CFR Part 36 claim by § 36.4313. the time period specified in the previous sentence such additional time Condominiums, Handicapped, * * * * * as the Secretary determines was Housing, Indians, Individuals with 3. Section 36.4311 is amended by reasonably necessary to complete the disabilities, Loan programs-housing and revising paragraph (c) to read as follows. foreclosure if the Secretary determines community development, Loan The authority citation following the holder was unable to complete the programs-Indians, Loan programs- paragraph (c) remains unchanged. foreclosure within the time specified in veterans, Manufactured homes, § 36.4311 Interest rates. that section due to Bankruptcy Mortgage insurance, Reporting and proceedings, appeal of the foreclosure record keeping requirements, Veterans. * * * * * (c) Except as provided in § 36.4314, by the debtor, the holder granting Approved: March 1, 2004. interest in excess of the rate reported by forbearance in excess of 30 days at the Anthony J. Principi, the lender when requesting evidence of request of the Secretary, or other factors Secretary of Veterans Affairs. guaranty or insurance shall not be beyond the control of the holder. (Authority: 38 U.S.C. 3703(c)) Editorial Note: This document was payable on any advance, or in the event received at the Office of the Federal Register of any delinquency or default: Provided, 5. Section 36.4314 is revised to read February 14, 2005. that a late charge not in excess of an as follows: amount equal to 4 percent on any For the reasons set out in the installment paid more than 15 days after § 36.4314 Loan modifications. preamble, 38 CFR part 36 is proposed to due date shall not be considered a (a) Subject to the provisions of this be amended as set forth below. violation of this limitation. section, the terms of any guaranteed PART 36—LOAN GUARANTY * * * * * loan may be modified by written 4. Section 36.4313 is amended by: agreement between the holder and the 1. The authority citation for part 36 A. Revising paragraph (b)(5). borrower, without prior approval of the continues to read as follows: B. Adding paragraph (f). Secretary, if all of the following Authority: 38 U.S.C. 501, 3701–3704, 3707, The revision and addition read as conditions are met: 3710–3714, 3719, 3720, 3729, 3762, unless follows: (1) The loan is in default or default is otherwise noted. imminent. § 36.4313 Advances and other charges. (2) The event or circumstances that 2. Section 36.4301 is amended by: A. Adding the term ‘‘Compromise * * * * * caused the default has been or will be sale’’. (b) * * * resolved and it is not expected to re- B. Revising the term ‘‘Holder’’ (the (5)(i) Fees for legal services actually occur. (3) The obligor is considered to be a authority citation remains unchanged). performed, not to exceed the reasonable C. Adding a sentence at the end of the and customary fees for such services in reasonable credit risk, based on a review term ‘‘Liquidation Sale’’. the State where the property is located, by the holder of the obligor’s D. Removing the term ‘‘Specified as determined by the Secretary. creditworthiness under the criteria amount’’. (ii) In determining what constitutes specified in § 36.4337, including a E. Adding the term ‘‘Total the reasonable and customary fees for current credit report. The fact of the Indebtedness’’. legal services, the Secretary shall review recent default will not preclude the The revisions and additions read as allowances for legal fees in connection holder from determining the obligor is follows: with the foreclosure of single-family now a satisfactory credit risk provided housing loans, including bankruptcy- the holder determines that the obligor is § 36.4301 Definitions. related services, issued by HUD, Fannie able to resume regular mortgage * * * * * Mae, and Freddie Mac. The Secretary installments when the modification Compromise sale. A sale to a third shall publish annually in the Federal becomes effective based upon a review party for an amount less than is Register a table setting forth the of the obligor’s current and anticipated sufficient to repay the unpaid balance amounts determined to be reasonable income, expenses, and other obligations on the loan where the holder has agreed and customary for such fees. as provided in § 36.4337.
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8484 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
(4) At least 12 months must have § 36.4315 Acceptability of partial 7. Section 36.4315a is added to read elapsed since the closing date of the payments. as follows: loan. A partial payment is a remittance on (5) The current owner occupies the a loan in default (as defined in § 36.4315a Servicer reporting requirements. property securing the loan and is § 36.4301) of any amount less than the obligated to repay the loan. full amount due under the terms of the (a)(1) Servicers of loans guaranteed by (6) All current owners of the property loan and security instruments at the the Secretary shall report the are parties to, and have agreed to the time the remittance is tendered. information required by this section to terms of, the loan modification. (a) Except as provided in paragraph the Secretary electronically. The (7) The loan will be reinstated to (b) of this section, or upon the express Secretary shall assign a user performing status by virtue of the loan waiver of the Secretary, the mortgage identification and password for access modification. holder shall accept any partial payment to each entity currently servicing loans (b) A loan can be modified no more and either apply it to the mortgagor’s guaranteed under 38 U.S.C., chapter 37 than once in a 3-year period and no account or identify it with the on [effective date of final rule to be more than three times during the life of mortgagor’s account and hold it in a inserted]. Each report to the Secretary the loan. special account pending disposition. required by this section shall include (c) All modified loans must bear a When partial payments held for the VA-assigned Servicer Identification fixed-rate of interest, which may not disposition aggregate a full monthly Number. exceed the lesser of— installment, including escrow, they (2) Any other servicer may apply for (1) A rate which is 100 basis points shall be applied to the mortgagor’s a Servicer Identification Number and above the interest rate in effect on this account. password by following the procedures at loan just prior to the execution of the (b) A partial payment may be returned http://www.homeloans.va.gov. modification agreement, or to the mortgagor, within 10 calendar (b) Not later than the fifth business (2) The Government National days from date of receipt of such day of each month each servicer shall Mortgage Association (GNMA) current payment, with a letter of explanation report to the Secretary the following month coupon rate that is closest to par only if one or more of the following information for each loan guaranteed by (100) in effect at the close of business on conditions exist: the Secretary currently being serviced the business day immediately preceding (1) The property is wholly or partially by that entity: the date the modification agreement is tenant-occupied and rental payments (1) The VA loan number; executed by the obligor plus 50 basis are not being remitted to the holder for (2) The servicer’s loan number; points. application to the loan account; (3) The original veteran’s name and (d) The unpaid balance of the (2) The payment is less than one full social security number; (4) The unpaid principal balance; and modified loan may be re-amortized over monthly installment, including escrows (5) The next payment due date. the remaining life of the loan. The loan and late charge, if applicable, unless the (c) Servicers shall report to the term may extend the maturity date to lesser payment amount has been agreed Secretary within five business days after the shorter of— to under a documented repayment plan; any of the following events occur: (1) 360 months from the due date of (3) The payment is less than 50 (1) Transfer of servicing; the first installment required under the percent of the total amount then due, modification, or (2) Loan is assumed by another party; unless the lesser payment amount has (3) An obligor has been released from (2) 120 months after the original been agreed to under a documented maturity date of the loan. liability; repayment plan; (4) Property taxes and hazard (e) Only unpaid principal, accrued (4) The payment is less than the interest, and deficits in the taxes and insurance has been paid; amount agreed to in a documented (5) Loans have been modified insurance impound accounts may be repayment plan; included in the modified indebtedness. pursuant to § 36.4314; (5) The amount tendered is in the (6) Any obligor on the loan requests Late fees and other charges may not be form of a personal check and the holder capitalized. or is deemed to be entitled to relief with has previously notified the mortgagor in regard to the loan under the (f) Holders will ensure the first lien writing that only cash or certified status of the modified loan. No current Servicemembers Civil Relief Act; remittances are acceptable; (7) Any obligor files a petition under owner of the property will be released (6) A delinquency of any amount has from liability as a result of executing the the Bankruptcy Code, and when any continued for at least 6 months since the significant events impacting the modification agreement without prior account first became delinquent and no approval from VA. Releasing a current guaranteed loan or the security therefore written repayment plan has been occurs in a pending bankruptcy, owner obligor from liability without arranged; prior approval will release the Secretary including but not limited to a contested (7) Foreclosure has been commenced action, the approval of a plan, any from liability under the guaranty. by the taking of the first action required (g) The dollar amount of the guaranty hearing on relief from the automatic for foreclosure under local law; or stay, the granting of a discharge to the may not exceed the greater of the (8) The holder’s lien position would original guaranty amount of the loan debtor, dismissal of the bankruptcy be jeopardized by acceptance of the case, and other orders of the court; being modified or 25 percent of the loan partial payment. being modified subject to the statutory (8) The holder receives notice of any (c) A failure by the holder to comply legal, equitable, or administrative maximum specified at 38 U.S.C. with the provisions of this paragraph 3703(a)(1)(B). proceeding that might materially affect may result in a partial or total loss of the termination of the loan, the lien, or (h) The obligor may not receive any guaranty or insurance pursuant to cash back from the modification. the security for the loan; § 36.4325(b), but such failure shall not (9) The holder has released the lien on (Authority: 38 U.S.C. 3703(c)(1)) constitute a defense to any legal action a part of the security for the loan 6. Section 36.4315 is revised to read to terminate the loan. pursuant to § 36.4324; or as follows: (Authority: 38 U.S.C. 3703(c)(1)) (10) The loan has been paid in full.
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8485
(d) The holder shall report to the (xi) The servicer considers, denies, or Secretary shall be presumed to be in Secretary within 5 business days after approves any other loss mitigation servicer tier two, and shall remain in any loan has been delinquent for 61 options defined in § 36.4317 of this part; tier two until the date specified in days. This report will include the: (xii) The servicer referred the loan to paragraph (c)(2) of this section. (1) Information specified in legal counsel for foreclosure; (b) For purposes of this section, the paragraphs (b)(1) through (b)(3) of this (xiii) The date of a judicial foreclosure term ‘‘calendar quarter’’ shall mean the section; proceeding or a liquidation sale has 3-month periods ending on March 31, (2) Date of first payment on the loan; been set; June 30, September 30, and December (3) Date of last unpaid installment; (xiv) The liquidation sale was held; 31. (4) Names and social security and (c)(1) No later than 30 days after the numbers of present owners of the (xv) Any other event or occurrence last business day of the first calendar property; that materially affects the loan or the quarter occurring after the rules for (5) Mailing address of present owners security property over the course of determining tier rankings take effect, if different from the property; servicing the default. and then not later than 30 days after the (6) Current or last known address of (2) Such report shall include the last business day of each subsequent the original veteran; information specified in paragraphs calendar quarter, the Secretary shall (7) Interest rate on the loan; (b)(1) through (b)(3) of this section, plus provide each servicer with an (8) Amount and details of the current a brief description of the event or action evaluation of their performance under required installment; i.e., how much is taken, the date such action was taken or such criteria. allocated for principal and interest, how event occurred, a statement of the much for taxes, how much for (2) No later than 45 days after the last reasons why the holder approved or business day of the fourth calendar insurance, and how much for any other rejected a particular course of action, purpose; quarter during which the Secretary the results of any contact with the evaluates the performance of servicers, (9) Late charges due; obligor, judicial proceeding, the terms of (10) Total delinquency amount, and and then annually thereafter, VA shall any repayment plan or loan advise each servicer of its tier ranking. how much is allocated for each item modification, and any other material (3) Any entity which begins servicing specified in paragraph (d)(8) of this fact concerning such event or guaranteed loans after the first calendar section; occurrence. quarter occurring after rules for (11) Summary of servicing actions (f) When the holder determines that determining tier rankings take effect taken since the loan went into default, equity of at least 25% exists (see shall be presumed to be in tier two. The including dates of actions, actions § 36.4319a(e)), the holder shall report its Secretary will evaluate the performance taken, and description of results or equity calculations to the Secretary at of such servicer as provided in responses by obligors; least 5 business days prior to the paragraph (c)(1) of this section. The (12) Property occupancy status; foreclosure date. The equity calculations Secretary will advise such servicer of its (13) Dates of property inspections and will include the fair market value of the tier ranking at the time other servicers the results and findings of such property, the total indebtedness on the are advised of their tier rankings inspections; loan guaranteed by the Secretary, and pursuant to paragraph (c)(2) of this (14) Income and credit information for the unpaid balance of all other liens of section, provided the servicer has all current obligors; record on the property. (15) Obligor’s contact information, (g) The servicer shall report to the received evaluations for at least four including home and work phone Secretary not later than 15 calendar calendar quarters. numbers and e-mail addresses, if days after the liquidation sale was held. (d) The quarterly evaluation and tier known; and Such report shall include the ranking of a servicer shall be deemed to (16) Reason(s) the obligor(s) defaulted. information specified in paragraphs be confidential and privileged and shall (e)(1) With respect to any default (b)(1) through (b)(3) of this section, plus not be disclosed by the Secretary to any reported pursuant to paragraph (d) of a brief description of the results of the other party. this section, the servicer shall provide sale, including the amount of sale (Authority: 38 U.S.C. 3703(c)) updates to the Secretary within five proceeds, whether the holder acquired 9. Section 36.4317 is revised to read business days after any of the following the property, and, if the holder acquired as follows: events occur: the property, whether the holder elects (i) Contact with the borrower; to convey the property to the Secretary § 36.4317 Servicer Loss-Mitigation Options (ii) Default cured; pursuant to § 36.4320. and Incentives. (iii) A repayment plan is under consideration by the servicer; (Authority: 38 U.S.C. 3703(c)) (a) The Secretary will pay a servicer (iv) A repayment plan has been 8. Section 36.4316 is revised to read in tiers one, two, or three an incentive denied by the servicer; as follows: payment for each of the following (v) A repayment plan has been successful loss-mitigation options approved by the servicer; § 36.4316 Servicer Tier Ranking— completed: repayment plans, special (vi) A partial payment has been Temporary Procedures. forbearance, loan modification, returned to the borrower; (a) The Secretary shall assign each compromise sale, and deed-in-lieu of (vii) A loan modification is under servicer to a ‘‘Tier Ranking’’ based upon foreclosure. Only one incentive consideration by the servicer; the servicer’s performance in servicing payment will be made with respect to (viii) A loan modification has been guaranteed loans. There shall be four any default required to be reported to denied by the servicer; tiers, known as tier one, tier two, tier the Secretary pursuant to § 36.4315a(d). (ix) A loan modification has been three, and tier four, with tier one being No incentive payment will be made to approved by the servicer; the highest rated and tier four the a servicer in tier four. (x) The servicer determines the loan lowest. Effective July 1, 2005, every (b) The amount of the incentive default is insoluble; servicer of loans guaranteed by the payment is as follows:
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8486 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
Repayment Special Loan Compromise Deed-in-lieu of Tier ranking plan forbearance modification sale foreclosure
One ...... $200 $200 $500 $1,000 $250 Two ...... 160 160 400 800 200 Three ...... 120 120 300 600 150 Four ...... 0 0 0 0 0
(c) For purposes of this section, a loss- § 36.4318 Refunding of loans in default. loan guaranteed, insured, or made, or a mitigation option will be deemed * * * * * property acquired by the Secretary successfully completed as follows: (c) Servicers must deliver to the pursuant to title 38, U.S.C., chapter 37, (1) With respect to a repayment plan, Secretary all legal documents, including to which the Secretary is a party, when four consecutive payments under but not limited to proper loan original process and any other process such plan have been made or the total assignments, required to evidence prior to appearance, proper to be served amount of the delinquency has been proper loan transfer within 60 days from on the Secretary, shall be delivered to paid, whichever is earlier; receipt of notice that VA has decided to the VA Regional Counsel having (2) With respect to special refund a loan under this section. jurisdiction over the area in which the forbearance, when the loan reinstates; Servicers exhibiting a continued failure court is situated. Copies of such process (3) With respect to a loan to provide timely loan transfer will also be served on the Attorney modification, when the modification is documentation may, at the discretion of General of the United States and the executed and the loan reinstates; the Secretary and upon delivery of (4) With respect to a compromise sale, United States Attorney having notice to the servicer, be subject to jurisdiction over that area. Within the when the claim under guaranty is filed; temporary suspension of all property or time required by applicable law, or rule acquisition and claim payments until all of court, the Secretary will cause (5) With respect to a deed-in-lieu of deficiencies identified in the notice foreclosure, when the claim under appropriate special or general provided to the servicer have been appearance to be entered in the case by guaranty is filed. corrected. (d) Incentive payments with respect to an authorized attorney. (Authority: 38 U.S.C. 3703(c) and 3732(a)) repayment plans, special forbearances (Authority: 38 U.S.C. 3703(c) and 3720(a)) and loan modifications shall be made 11. Section 36.4319 is amended by: monthly. For all other successful loss- A. Revising paragraph (a) and adding * * * * * mitigation options, incentives shall be an authority citation. 12. Section 36.4319a is added to read paid in the final claim payment. B. Removing paragraphs (b), (c), (d), as follows: (Authority: 38 U.S.C. 3703(c)) and (f). C. Redesignating paragraph (e) as § 36.4319a Loan Termination. 10. Section 36.4318 is amended by: paragraph (b). A. In paragraph (a), removing The revision reads as follows: (a) For purposes of this part, the ‘‘§ 36.4317’’ and adding, in it place, Secretary has determined that a holder, ‘‘§ 36.4315a(d)’’; and removing ‘‘within § 36.4319 Service of process. using reasonable diligence, will need 30 days thereafter’’. (a) In any legal or equitable the time set forth in the following table B. Adding paragraph (c). proceeding (including probate and to complete a foreclosure: The addition reads as follow: bankruptcy proceedings) arising from a BILLING CODE 4191–02–P
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8487
BILLING CODE 4191–02–C
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 EP18FE05.008 8488 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
(b)(1) At least 30 days prior to the least 5 business days prior to the (f) of this section and determined such scheduled or anticipated date of the foreclosure date. Such notice will be compromise sale is not practical; liquidation sale, the holder must request given as an electronic event update or (iv) The holder has determined that that VA assign an appraiser to conduct by e-mail if the event update will not the estimated guaranty payment it a liquidation appraisal. This appraisal occur in time to meet the 5 business day would receive following the deed-in- will be requested by means of the requirement. lieu of foreclosure would not exceed the Department of Veterans Affairs Internet- (2) For purposes of this paragraph: estimated guaranty payment it would based Appraisal System (‘‘TAS’’). The (i) ‘‘Business day’’ means Monday receive following foreclosure; Internet address (URL) for TAS is: through Friday, inclusive, excluding the (v) The holder has determined the http://tas.vba.va.gov. legal public holidays specified in 5 current owner of the property can (2) If the holder (or its authorized U.S.C. 6103(a). convey clear and marketable title to the servicing agent) has been approved by (ii) ‘‘Equity’’ means the fair market property that would meet the standard the Secretary to process liquidation value of a property, as determined stated in paragraph (c)(5) of § 36.4320; appraisals under § 36.4344a, the pursuant to paragraph (b)(2) or (b)(3) of and appraiser shall forward the liquidation this section, minus the sum of: (vi) If the current owner is a liable appraisal report directly to the holder (A) The total indebtedness on the loan obligor, the owner executes the for a determination of the fair market guaranteed by the Secretary; and repayment agreement required by value of the property pursuant to (B) The unpaid balance of all other paragraph (h) of this section. § 36.4344a of this part. liens of record on the property. (2) A holder may request advance (3) If the holder (or its authorized (iii) ‘‘Foreclosure date’’ means the approval from the Secretary for a deed- servicing agent) has not been approved date of the scheduled judicial or in-lieu of foreclosure notwithstanding by the Secretary to process liquidations nonjudicial foreclosure sale (e.g., that all of the conditions specified in appraisals under § 36.4344a, the sheriff’s or trustee’s sale). paragraph (g)(1) of this section cannot Secretary shall review the appraisal and (f)(1) A holder may approve a be met if the holder believes such deed- determine the fair market value of the compromise sale of the property in-lieu would be in the best interests of securing the loan without the prior property. The Secretary will provide the the veteran and the Secretary. holder with a statement of the fair approval of the Secretary provided that: (h)(1) For purposes of this paragraph (i) The holder has determined the market value. and paragraphs (f)(1)(v) and (g)(1)(vi) of loan is insoluble; (4)(i) Except as provided in paragraph this section, the term ‘‘liable obligor’’ (b)(4)(ii) of this paragraph, a liquidation (ii) The net proceeds from the compromise sale must equal or exceed means: appraisal or statement of fair market (i) A veteran whose entitlement was the net value of the property securing value issued pursuant to paragraph used to obtain or assume the loan, if the the loan as computed by the holder (b)(3) of this section will be valid for 6 loan was closed or assumed on or before pursuant to paragraph (c) of this section; months. (iii) The holder has determined that December 31, 1989; (ii) The Secretary may specify in the estimated guaranty payment it (ii) An individual who is obligated by writing a shorter validity period, not would receive following the contract to assume all of the obligations less than 90 days, for a liquidation compromise sale would not exceed the of a veteran who was released from appraisal or statement of fair market estimated guaranty payment it would liability on the loan pursuant to 38 value if rapidly-changing market receive following foreclosure; U.S.C. 3713; or conditions in the area where the (iv) The current owner of the property (iii) An individual who the Secretary property is located make such shorter securing the loan will not receive any approved to assume the loan pursuant validity period in the best fiscal proceeds from the sale of the property; to 38 U.S.C. 3714. interests of the United States. and (2)(i) Each liable obligor who disposes (c) Prior to the liquidation sale, the (v) If the current owner is a liable of the property by a compromise sale or holder shall compute the net value of obligor, the owner executes the deed-in-lieu of foreclosure must execute the property securing the guaranteed repayment agreement required by an agreement to repay to the Secretary loan by subtracting the estimated costs paragraph (h) of this section. 50 percent of the amount that would to the Secretary for the acquisition and (2) A holder may request advance otherwise be due to the Secretary disposition of the property from the fair approval from the Secretary for a pursuant to § 36.4323. market value, as determined under compromise sale notwithstanding that (ii) The repayment agreement shall paragraph (b) of this section. Those all of the conditions specified in require the first payment to be made on costs will be calculated using the paragraph (f)(1) of this section cannot be the first day of the first month which is percentage derived by the Secretary and met if the holder believes such more than one year from the date of the published in the Federal Register compromise sale would be in the best deed-in-lieu or the closing of the pursuant to § 36.4301. interests of the veteran and the compromise sale. The agreement shall (d) If the holder learns of any material Secretary. require equal monthly payments damage to the property occurring after (g)(1) A holder may accept a deed sufficient to repay the entire balance the appraisal and prior to the voluntarily tendered by the current due within 5 years after the first liquidation sale, the impact of such owner of the property securing the loan payment is due. damage on the fair market value must be in lieu of conducting a foreclosure (iii) The obligation shall bear interest determined in consultation with the fee without the prior approval of the at the rate determined by the Secretary appraiser, and the net value adjusted Secretary provided that: pursuant to 38 U.S.C. 5315(b)(2) in accordingly. (i) The holder has determined the effect on the date of the notice described (e)(1) In any case where the veteran’s loan is insoluble; in paragraph (h)(2)(iv) of this section. or other obligor’s equity in the property (ii) The holder has computed the net Interest shall accrue from the date the securing the loan is equal to at least 25 value of the property securing the loan first payment is due. percent of the fair market value of the pursuant to paragraph (c) of this section; (iv) Upon payment of the guaranty property, the holder shall notify the (iii) The holder has considered a claim to the holder, the Secretary shall Secretary of the equity calculations at compromise sale pursuant to paragraph send by certified mail, return receipt
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8489
requested, a notice to the liable obligor successful bid and shall state the the property or title stated in of the amount of the debt due under this insurance coverage then in force, § 36.4350(b) of this part: Provided, That paragraph, the date the first payment specifying for each policy, the name of (A) At the time of conveyance or will be due, the amount of the required the insurance company, the hazard transfer to the Secretary there has been monthly payments, and the applicable covered, the amount, and the expiration no breach of any conditions affording a interest rate. date. With respect to a voluntary right to the exercise of any reverter. (v) The execution of the repayment conveyance to the holder in lieu of (B) With respect to any such agreement will not preclude a veteran foreclosure, the amount of the holder’s limitations which came into existence from seeking waiver of the debt successful bid shall be deemed to be the subsequent to the making of the loan, pursuant to 38 U.S.C. 5302. The notice lesser of the net value of the property or full compliance was had with the required by paragraph (h)(2)(iv) of this the total indebtedness. requirements of § 36.4324. The section shall include a statement of the (2) Coincident with the notice of acceptability of a conveyance or transfer right of the veteran to seek waiver and election to convey or transfer the pursuant to the requirements of this a description of the procedures for property to the Secretary or with the paragraph will be established by submitting an application for waiver. acquisition of the property by the delivery to the Secretary of the following evidence of title showing that (Authority: 38 U.S.C. 3703(c), 5302, 5315) holder, following such notice, whichever is later, the holder shall title to the property of the quality 13. Section 36.4320 is revised to read request endorsements on all insurance specified in this paragraph is or will be as follows: policies naming the Secretary as an vested in the Secretary: assured, as his/her interest may appear. (1) A copy of the deed or document § 36.4320 Election to convey security. evidencing transfer of interest and title (a) If the holder acquires the property Such insurance policies shall be forwarded to the Secretary at the time of at the liquidation sale; that secured the guaranteed loan at the (2) A copy of the deed conveying the the conveyance or transfer of the liquidation sale or through acceptance property to the Secretary; and of a deed-in-lieu of foreclosure and if, property to the Secretary or as soon after (3) A copy of the mortgage, deed of under 38 U.S.C. 3732(c), the Secretary that time as feasible. If insurers cancel trust, or other security instrument for may accept conveyance of the property, policies, holders must properly account the guaranteed loan which was the holder must notify the Secretary by for any unearned premiums refunded by terminated. electronic means no later than 15 days the insurer. (6)(i) The holder will be deemed to after the date of liquidation sale or (3) Occupancy of the property by warrant to the Secretary that the execution of the deed to the holder by anyone properly in possession by virtue Secretary has received the quality of the homeowners that the holder elects of and during a period of redemption, or title specified in paragraph (c)(5)(i)(B) of to convey the property to the Secretary. by anyone else unless under a claim of this section. Such warranty shall be The Secretary will not accept title which makes the title sought to be limited to any defect identified by the conveyance of the property if the holder conveyed by the holder of less dignity Secretary to the holder within 36 fails to notify the Secretary of its or quality than that required by this months after the acceptance by the election within such 15 days. section, shall not preclude the holder Secretary of a conveyance or transfer by (b) The holder, in accounting to the from conveying or transferring the the holder. Secretary in connection with the property to the Secretary. Except with (ii) The Secretary may make a claim conveyance of any property pursuant to the prior approval of the Secretary, the against a holder with regard to the this section, may include as a part of the holder shall not rent the property to a warranty specified in paragraph indebtedness all actual expenses or new tenant, nor extend the term of an (c)(5)(i)(A) of this section or any other costs of the proceedings, paid by the existing tenancy on other than a month- express warranty provided by the holder holder, within the limits defined in to-month basis. without any time limit. § 36.4313. In connection with the (4) The notice shall provide property (7) As between the holder and the conveyance or transfer of property to the tax information to include all taxing Secretary, the responsibility for any loss Secretary the holder may include in authority property identification due to damage to or destruction of the accounting to the Secretary the numbers. Any taxes, special property or due to personal injury following expense items if actually paid assessments or ground rents due and sustained in respect to such property by the holder, in addition to the payable within 30 days after date of shall be governed by the provisions of consideration payable for the property conveyance or transfer to the Secretary this paragraph and paragraph (c)(11) of under 38 U.S.C. 3732(c): must be paid by the holder. this section. Ordinary wear and tear (1) State and documentary stamp (5)(i) Each conveyance or transfer of excepted, the holder shall bear such risk taxes as may be required. real property to the Secretary pursuant of loss from the date of acquisition by (2) Amount expended for taxes, to this section shall be acceptable if: the holder to the date such risk of loss special assessments, including such (A) The holder thereby covenants or is assumed by the Secretary. Such risk payments which are specified in warrants against the acts of the holder of loss is assumed by the Secretary from paragraph (d)(4) of this section. and those claiming under the holder the date of receipt of the holder’s (3) Recording fees. (e.g., by special warranty deed); and election to convey or transfer the (4) Any other expenditure in (B) It vests in the Secretary or will property to the Secretary. The amount of connection with the property which are entitle the Secretary to such title as is any loss chargeable to the holder may be approved by the Secretary. or would be acceptable to prudent deducted from the amount payable by (c) The conveyance or transfer of any lending institutions, informed buyers, the Secretary at the time the property is property to the Secretary pursuant to title companies, and attorneys, transferred. In any case where pursuant this section shall be subject to the generally, in the community in which to the VA regulations rejection of the following provisions: the property is situated. title is legally proper, the Secretary may (1) The notice of the holder’s election (ii) Any title will not be unacceptable surrender custody of the property as of to convey the property to the Secretary to the Secretary by reason of any of the the date specified in the Secretary’s shall state the amount of the holder’s limitations on the quantum or quality of notice to the holder. The Secretary’s
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8490 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
assumption of such risk shall terminate date the holder is notified of such section, the liquidation sale will be upon such surrender. action. considered completed when: (8) The conveyance should be made to (Authority: 38 U.S.C. 3732, Pub. L. 100–527) (A) The last act required under State ‘‘Secretary of Veterans Affairs, an law is taken to either make the Officer of the United States.’’ The name 14. Section 36.4321 is revised to read liquidation sale final, or obtain a of the incumbent Secretary should not as follows: judgment, a confirmation, or an be included unless State law requires § 36.4321 Guaranty claims; subsequent approval of the sale, but excluding any naming a real person. accounting. redemption period permitted under (9) The holder shall not be liable to (a) Subject to the limitation that the State law; the Secretary for any portion of the paid (B) If a holder accepts a voluntary total amounts payable shall in no event or unpaid taxes, special assessments, conveyance of the property in lieu of exceed the amount originally ground rents, insurance premiums, or foreclosure, the date of execution of the guaranteed, the amount payable on a other similar items. The holder shall be deed to the holder or the holder’s claim for the guaranty shall be the liable to the Secretary for all penalties designee; or percentage of the loan originally and interest associated with taxes not (C) In the case of a sale of the property guaranteed applied to the sum of: timely paid by the holder prior to to a third party for an amount less than (1) The unpaid principal as of the date conveyance. is sufficient to repay the unpaid balance of the liquidation sale; (10) The Secretary shall be entitled to on the loan where the holder has agreed (2) Allowable expenses/advances; and all rentals and other income collected in advance to release the lien in (3) The lesser of: from the property and to any insurance exchange for the proceeds of such sale, proceeds or refunds subsequent to the (i) The unpaid interest as of the date of the liquidation sale; or, the date of settlement of such sale. date of acquisition by the holder. (ii) With respect to any liquidation (ii) The unpaid interest for the (11) In respect to a property which sale completed prior to [effective date of reasonable period that the Secretary has was the security for a condominium final rule to be inserted], all claims must determined, pursuant to § 36.4319a(a), it loan guaranteed or insured under 38 be submitted no later than 1 year should have taken to complete the U.S.C. 3710(a)(6) the responsibility for following [effective date of final rule to any loss due to damage to or destruction foreclosure, plus 180 days. (iii) The unpaid interest allowed be inserted]. of the property or due to personal injury (2) If additional information becomes pursuant to paragraph (a)(2)(ii) of this sustained in respect to such property known to a holder after the filing of a section shall be increased if the shall in no event pass to the Secretary guaranty claim, the holder may file a Secretary determines the holder was until the Secretary expressly assumes supplemental claim provided that such unable to complete the foreclosure such responsibility or until conveyance supplemental claim is filed within the within the time specified in such of the property to the Secretary, time period specified in paragraph (d)(1) paragraph due to Bankruptcy whichever first occurs. The holder shall of this section. proceedings, appeal of the foreclosure have the right to convey such property (3) No claim under a guaranty shall be by the debtor, the holder granting to the Secretary only if the property payable unless it is submitted within forbearance in excess of 30 days at the (including elements of the development the time period specified in paragraph request of the Secretary, or other factors or project owned in common with other (d)(1) of this section. unit owners) is undamaged by fire, beyond the control of the holder. (4) A claim shall be submitted to VA earthquake, windstorm, flooding or (b) Deposits or other credits or setoffs electronically on the VA Loan boiler explosion. The absence of a right legally applicable to the indebtedness Electronic Reporting Interface system. in the holder to convey such property shall be applied in reduction of the The following information must be which is so damaged shall not preclude indebtedness on which the claim is included in the claim: a conveyance, if the Secretary agrees in based. Any escrowed or earmarked (i) Total payments received on the a given case to such a conveyance upon funds not subject to superior claims of loan; completion of repairs within a specified third persons must likewise be so (ii) Amount applied to interest; period of time and such repairs are so applied. (iii) Prepayments and other amounts completed and the conveyance is (c)(1) Credits accruing from the applied to principal, otherwise in order. proceeds of a liquidation sale shall be (iv) Itemized liquidation expenses; (d) Except as provided in paragraph reported to the Secretary incident to (v) Itemized advances; (c)(6) of this section, the provisions of claim submission, and the amount (vi) Remaining balance in the tax and this section shall not be in derogation of payable on the claim shall in no event insurance escrow account; and any rights which the Secretary may have exceed the remaining balance of the (vii) Any additional unapplied under § 36.4325. The Under Secretary indebtedness. credits. for Benefits, or the Director, Loan (2) The amount payable under the (5) Supporting documents will not be Guaranty Service, may authorize any guaranty shall be computed applying submitted with the claim, but must be deviation from the provisions of this the formulae in 38 U.S.C. 3732(c). With retained by the servicer and are subject section, within the limitations respect to a voluntary conveyance to the to inspection as provided in § 36.4330 of prescribed in 38 U.S.C. Chapter 37, holder in lieu of foreclosure, the holder this title. which may be necessary or desirable to shall be deemed to have acquired the (e) In the event that VA does not accomplish the objectives of this section property at the liquidation sale for the approve payment of any item submitted if such deviation is made necessary by lesser of the net value of the property or under a guaranty claim, VA shall notify reason of any laws or practice in any the total indebtedness. the holder electronically what items are State or Territory or the District of (d)(1)(i) Except as provided in being denied and the reasons for such Columbia: paragraph (d)(1)(ii) of this section, denial. The holder may, within 30 days Provided, That no such deviation holders shall file a claim for payment after the date of such denial notification, shall impair the rights of any holder not under the guaranty electronically no submit an electronic request to VA that consenting to the deviation with respect later than 1 year after the completion of one or more items that were denied be to loans made or approved prior to the the liquidation sale. For purposes of this reconsidered. The holder must present
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8491
any additional information justifying of the security on which the lien will affecting the obligor’s credit worthiness, payment of items denied. remain; work sheets, and other documents (f) Determinations under paragraphs (ii) The portion of the property still supporting the holder’s decision. (a)(3) and (e) of this section and subject to the lien is fit for dwelling (3) For any loan where the claim on paragraph (f)(2) of § 36.4313 may be purposes; and the guaranty was paid on or after made by any employee designated by (iii) The loan-to-value ratio after the October 1, 2005, or action described in § 36.4342(b). Authority is hereby partial release of the lien: paragraph (a)(2) of this section taken granted to the Loan Guaranty Officer to (A) Will be not more than 80 percent; after October 1, 2004, holders shall redelegate authority to make such or submit any documents described in determinations. (B) If the loan-to-value ratio after the paragraph (a)(1) or (a)(2) of this section partial release of the lien is 80 percent (Authority: 38 U.S.C. 3703(c)) to the Secretary in electronic form. For or higher, any proceeds received as purposes of this paragraph, electronic 15. Section 36.4323 is amended by consideration from the partial release of form shall mean an image of the original adding paragraph (i) immediately after the lien shall be applied to the unpaid document in .jpg, .gif, or .pdf format. the authority citation at the end of loan balance. Notwithstanding the foregoing, any paragraph (h) to read as follows: * * * * * holder whose total loan portfolio has an § 36.4323 Subrogation and indemnity. 17. Section 36.4325 is amended by: average outstanding principal balance of A. Revising paragraph (b)(5). * * * * * less than $10,000,000 per year may (i) If a veteran requests a release of B. Removing paragraph (b)(6). submit copies of documents in paper C. Redesignating paragraphs (b)(7) liability under paragraph (f) of this form. through (b)(11) as paragraphs (b)(6) section, or if a borrower requests a * * * * * through (b)(10), respectively. release of liability pursuant to 19. Section 36.4344a is added to read The revision reads as follows: § 36.4308(c)(1)(vii), a holder or its as follows: authorized servicing agent described in § 36.4325 Partial or total loss of guaranty the first sentence of § 36.4303(l)(1)(i) of or insurance. § 36.4344a Servicer appraisal processing program. this part is authorized to and must make * * * * * all decisions regarding the credit- (b) * * * (a) Delegation of authority to servicers worthiness of the transferee, subject to (5) Any notice required by § 36.4315a, to review liquidation appraisals and determine net value. (1) To be eligible the right of a transferee to appeal any * * * * * for delegation of authority to review VA denial to the Secretary within 30 days 18. In § 36.4330, paragraph (a) is liquidation appraisals and determine of being notified in writing of the denial revised to read as follows: by the holder or servicer. The the reasonable value for liquidation procedures and fees specified in § 36.4330 Maintenance of records. purposes on properties secured by VA §§ 36.4303(l)(1)(i) and 36.4312(d)(8) (a)(1) The holder shall maintain a guaranteed or insured loans, a lender applicable to decisions under 38 U.S.C. record of the amounts of payments must— 3714 shall also apply to decisions received on the obligation and (i) Have automatic processing specified in this paragraph. disbursements chargeable thereto and authority under 38 U.S.C. 3702(d), and (ii) Employ one or more Staff (Authority: 38 U.S.C. 3703(c) and 3713) the dates thereof, including copies of bills and receipts for such Appraisal Reviewers (SAR) acceptable 16. Section 36.4324 is amended by: disbursements. These records shall be to the Secretary. A. Revising paragraph (a). maintained until the Secretary ceases to (2) To qualify as a servicer’s staff B. Removing paragraphs (c) and (e). be liable as guarantor or insurer of the appraisal reviewer an applicant must be C. Redesignating paragraphs (d) and loan, or, if the Secretary has paid a a full-time member of the servicer’s (f) as paragraphs (c) and (d), claim on the guaranty, until 3 years after permanent staff and may not be respectively. D. In newly redesignated paragraph such claim was paid. For the purpose of employed by, or perform services for, (d), removing ‘‘§ 36.4317’’ and adding, any accounting with the Secretary or any other mortgagee. The individual in its place, ‘‘§ 36.4315a’’. computation of a claim, any holder who must not engage in any private pursuits The revision reads as follows: fails to maintain such record and, upon in which there will be, or appear to be, request, make it available to the any conflict of interest between those § 36.4324 Release of security. Secretary for review shall be presumed pursuits and his/her duties, (a)(1) Except upon full payment of the to have received on the dates due all responsibilities, and performance as a indebtedness, or except as provided in sums which by the terms of the contract Servicer Appraisal Processing Program paragraph (a)(2) of this section or in are payable prior to date of claim for (SAPP) staff appraisal reviewer. Three paragraphs (f) and (g) of § 36.4319a, the default, or to have not made the years of appraisal related experience is holder shall not release a lien or other disbursement for which reimbursement necessary to qualify as a servicer’s staff right in or to real property held as is claimed, and the burden of going appraisal reviewer. That experience security for a guaranteed or insured forward with evidence and of ultimate must demonstrate knowledge of, and the loan, or grant a fee or other interest in proof of the contrary shall be on such ability to apply industry-accepted such property, without prior approval of holder. principles, methods, practices and the Secretary. (2) The holder shall maintain records techniques of appraising, and the ability (2) The holder may, without the prior supporting their decision to approve to competently determine the value of approval of the Secretary, release the any loss mitigation option specified in property. The individual must lien on a portion of the property § 36.4317(a). Such records shall be demonstrate the ability to review the securing the loan provided: retained a minimum of 3 years from the work of others and to recognize (i) The holder has obtained an date of such decision and shall include, deviations from accepted appraisal appraisal from the Secretary showing but not be limited to, credit reports, principle, practices, and techniques, the value of the security prior to the verifications of income, employment, error in computations, and unjustifiable partial release of the lien and the value assets, liabilities, and other factors and unsupportable conclusions.
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8492 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
(3) Servicers that have a staff under the Servicer Appraisal Processing initial review of the appraisal report to appraisal reviewer determined Program. Compliance with these the fee appraiser’s market value acceptable to VA, will be authorized to regulations and the separate instructions estimate. The fee appraiser’s estimated review liquidation appraisals and make issued by the Secretary is deemed by market value or servicer’s reasonable reasonable value determinations for VA to be the minimum exercise of due value determination may be increased liquidation purposes on properties that diligence in processing SAPP cases. Due only when such increase is clearly are the security for VA guaranteed or diligence is considered by VA to warranted and fully supported by real insured loans. Additionally, servicers represent that care, as is to be properly estate market or other valid data must satisfy initial VA office case expected from, and ordinarily exercised considered adequate and reasonable by review requirements prior to being by, a reasonable and prudent servicer professional appraisal standards and the allowed to determine reasonable value who would be dependent on the servicer’s staff appraisal reviewer without VA involvement. The initial property as security to protect its clearly and fully justifies the reasoning office case review requirement must be investment. and basis for the increase in writing on satisfied in the VA regional loan center (c) Adjustment of value the appraisal report form or an in whose jurisdiction the servicer’s staff recommendations. The amount of addendum. The staff appraisal reviewer appraisal reviewer is located before the authority to upwardly adjust the fee must date and sign the written SAPP authority may be utilized by that appraiser’s estimated market value justification and must cite within it the servicer in any other VA office’s during the servicer staff appraisal data used in arriving at the decision to jurisdiction. To satisfy the initial office reviewer’s initial review of the appraisal make the increase. All such data shall case review requirement, the first five report or to subsequently process an be attached to the appraisal report form cases of each servicer staff appraisal appeal of the servicer’s established and any addendum. reviewer involving properties in the reasonable value will be specified in the (d) Indemnification. When the regional office location where the staff separate instructions issued by VA as Secretary has incurred a loss as a result appraisal reviewer is located will be noted in § 36.4344a(b). The amount of a payment of claim under guaranty processed by him or her up to the point specified must not in any way be and in which the Secretary determines where he or she has made a reasonable considered an administrative an increase made by the servicer under value determination and fully drafted, adjustment figure which may be applied § 36.4344a(c) was unwarranted, or but not issued, the servicer’s notice of indiscriminately and without valid basis arbitrary and capricious, the lender value. At that point, and prior to loan or justification. shall indemnify the Secretary to the termination, each of the five cases will (1) Adjustment during initial review. extent the Secretary determines such be submitted to the VA regional loan Any adjustment during the staff loss was caused or increased, by the center having jurisdiction over the appraisal reviewer’s initial review of the increase in value. property. After a staff review of each appraisal report must be fully and (e) Affiliations. A servicer affiliated case, VA will issue a notice of value clearly justified in writing on the with a real estate firm, builder, land which the servicer may use to compute appraisal report form or, if necessary, on developer or escrow agent as a the net value of the property for an addendum. The basis for the subsidiary division, or in any other liquidation purposes. If these five cases adjustment must be adequate and entity in which it has a financial interest are found to be acceptable by VA, the reasonable by professional appraisal or which it owns may not use the servicer’s staff appraisal reviewer will standards. If real estate market or other authority for any cases involving the be allowed to fully process subsequent valid data was utilized in arriving at the affiliate unless the servicer appraisals for properties regardless of decision to make the adjustment, such demonstrates to the Secretary’s jurisdictional location without prior data must be attached to the appraisal satisfaction that the servicer and its submission to VA and issuance by VA report. All adjustments, comments, affiliate(s) are essentially separate of a notice of value. Where the servicer’s corrections, justifications, etc., to the entities that operate independently of reviewer cannot readily meet the appraisal report must be made in a each other, free of all cross-influences jurisdictional review requirement, the contrasting color, be clearly legible, and (e.g., a formal corporate agreement SAR applicant may request that VA signed and dated by the staff appraisal exists which specifically sets forth this expand the geographic area of reviewer. fact). consideration. VA will accommodate (2) Processing appeals. The authority (f) Quality control plans. The servicer such requests if practicable. The initial provided under 38 U.S.C. 3731(d) which must have an effective self-policing or office case review requirement may be permits a lender to obtain a VA fee quality control system to ensure the expanded by VA if acceptable panel appraiser’s report which VA is adequacy and quality of their SAPP staff performance has not been demonstrated. obligated to consider in an appeal of the appraisal reviewer’s processing and, After satisfaction of the initial office established reasonable value shall not that its activities do not deviate from case review requirement, routine apply to cases processed under the high standards of integrity. The quality reviews of SAPP cases will be made by authority provided by this section. All control system must include frequent, VA staff based upon quality control appeals of VA fee appraiser’s estimated periodic audits that specifically address procedures established by the market values or servicer’s reasonable the appraisal review activity. These Undersecretary for Benefits. Such value determinations above the amount audits may be performed by an review will be made on a random specified in the separate instructions independent party, or by the servicer’s sampling or performance related basis. issued by VA must be submitted, along independent internal audit division (4) Certifications required from the with the servicer’s recommendations, if which reports directly to the firm’s chief servicer will be specified with any, to VA for processing and final executive officer. The servicer must particularity in the separate instructions determination. Unless otherwise agree to furnish findings and issued by the Secretary, as noted in authorized in the separate instructions information under this system to VA on § 36.4344a(b). servicers must also submit appeals, demand. While the quality control (b) Instructions for SAPP Procedures. regardless of the amount, to VA in all personnel need not be appraisers, they The Secretary will publish separate cases where the staff appraisal reviewer should have basic familiarity with instructions for processing appraisals has made an adjustment during their appraisal theory and techniques and the
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules 8493
ability to prescribe appropriate these regulations will be required. (5) Withdrawal by VA of the servicer’s corrective action(s) in the appraisal Written notice will be provided at least SAPP authority does not prevent VA review process when discrepancies or 30 days in advance of withdrawal from also withdrawing automatic problems are identified. The basic unless the Government’s interests are processing authority or taking elements of the system will be described exposed to immediate risk from the debarment or suspension action based in separate instructions issued by the servicer’s activities in which case the upon the same conduct of the servicer. Secretary. Copies of the lender’s quality withdrawal will be effected (Authority: 38 U.S.C. 3732) control plan or self-policing system immediately. The notice will clearly evidencing appraisal related matters and specifically set forth the basis and 20. Section 36.4346 is amended by: must be provided to the VA office of grounds for the action. There is no right A. In paragraph (c), removing ‘‘60 jurisdiction with the servicer’s to a formal hearing to contest the days’’ and adding, in its place, ‘‘30 application of SAPP authority. withdrawal of SAPP processing days’. (g) Fees. The Secretary will require privileges. However, if within 15 days B. Removing paragraph (g)(1)(i). C. Redesignating paragraphs (g)(1) (ii) servicers to pay a $100.00 application after receiving notice the servicer through (iv) as paragraphs (g)(1) (i) fee for each SAR the servicer nominates requests an opportunity to contest the through (iii), respectively. for approval. The application fee will withdrawal, the servicer may submit, in D. In newly redesignated paragraph also apply if the SAR begins work for person, in writing, or through a (g)(1)(i), removing ‘‘the written another servicer. representative, information and delinquency notice’’ and adding, in its (h) Withdrawal of servicer authority. argument to the Loan Guaranty Officer place, ‘‘the initial late payment notice’’. The authority for a servicer to determine in opposition to the withdrawal. The reasonable value may be withdrawn by E. Adding new paragraph (g)(1)(iv). Loan Guaranty Officer will make a F. Adding a sentence at the end of the Loan Guaranty Officer when proper recommendation to the Regional Loan paragraph (i)(2). cause exists. A servicer’s authority to Center Director who shall make the G. Removing paragraph (k); and make reasonable value determinations determination as to whether the action redesignating paragraphs (l) and (m) as shall be withdrawn when the servicer should be sustained, modified or paragraphs (k) and (l), respectively. no longer meets the basic requirements rescinded. The servicer will be informed The additions read as follows: for delegating the authority, or when it in writing of the decision. can be shown that the servicer’s (2) The servicer has the right to appeal § 36.4346 Servicing procedures for reasonable value determinations have the Regional Loan Center Director’s holders. not been made in accordance with VA decision to the Undersecretary for * * * * * regulations, requirements, guidelines, Benefits. In the event of such an appeal, (g) * * * instructions or applicable laws, or when the Undersecretary for Benefits will (1) * * * there is adequate evidence to support review all relevant material concerning (iv)(A) A letter to the borrower if reasonable belief by VA that a particular the matter and make a determination payment has not been received— unacceptable act, practice, or that shall constitute final agency action. (1) In the case of a default occurring performance by the servicer or the If the servicer’s submission of within the first 6 months following loan servicer’s staff has occurred. Such acts, opposition raises a genuine dispute over closing or the execution of a practices, or performance include, but facts material to the withdrawal of SAPP modification agreement pursuant to are not limited to: Demonstrated authority, the servicer will be afforded § 36.4314, within 45 days after such technical incompetence (i.e., conduct an opportunity to appear with a payment was due; or which demonstrates an insufficient representative, submit documentary (2) In the case of any other default, knowledge of industry accepted evidence, present witnesses and within 75 days after such payment was appraisal principles, techniques and confront any witness the Veterans due. practices; or the lack of technical Benefits Administration presents. The (B) The letter required by paragraph competence to review appraisal reports Undersecretary for Benefits will appoint (g)(1)(iv)(A) must be mailed no later and make value determinations in a hearing officer or panel to conduct the than 5 business days after the payment accordance with those requirements); hearing. When such additional is delinquent for the time period stated substantive or repetitive errors (i.e., any proceedings are necessary, the in paragraph (g)(1)(iv)(A) and shall— error(s) of a nature that would Undersecretary for Benefits shall base (1) Provide the borrower with a toll- materially or significantly affect the the determination on the facts as found, free telephone number and, if available, determination of reasonable value or together with any information and an e-mail address for contacting the condition of the property; or a number argument submitted by the servicer. servicer. or series of errors that, considered (3) In actions based upon a conviction (2) Explain loss mitigation options individually, may not significantly or civil judgment, or in which there is available to the borrower. impact the determination of reasonable no genuine dispute over material facts, (3) Emphasize that the intent of value or property condition, but which the Undersecretary for Benefits shall servicing is to retain home ownership when considered in the aggregate would make a decision on the basis of all the whenever possible; establish that appraisal reviews or SAPP information in the administrative (4) Contain the following language: case processing are being performed in record, including any submission made The delinquency of your mortgage loan is a a careless or negligent manner), or by the servicer. serious matter that could result in the loss of continued instances of disregard for VA (4) Withdrawal of the SAPP authority your home. If you are the veteran whose requirements after they have been called will require that VA make subsequent entitlement was used to obtain this loan, you to the servicer’s attention. determinations of reasonable value for can also lose your entitlement to a future VA (1) Withdrawal of authority by the the servicer. Consequently, VA staff will home loan guaranty. If you are not already working with us to resolve the delinquency, Loan Guaranty Officer may be either for review each appraisal report and issue please call us to discuss your workout an indefinite or a specified period of a Notice of Value which can then be options. You may be able to make special time. For any withdrawal longer than 90 used by the servicer to compute the net payment arrangements that will reinstate days a reapplication for servicer value of properties for liquidation your loan. You may also qualify for a authority to process appraisals under purposes. repayment plan or loan modification.
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 8494 Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Proposed Rules
VA has guaranteed a portion of your loan where to speak to a VA Loan Administration to the Secretary within 5 business days and wants to ensure that you receive every representative by calling 1–800–827–1000. and immediate action should be reasonable opportunity to bring your loan * * * * * initiated by the servicer to protect the current and retain your home. VA can also (i) * * * property and terminate the loan once answer any questions you have regarding the abandonment or waste or hazard has your entitlement. If you have access to the (2) * * * With respect to any loan more than 30 days delinquent, if the been confirmed. Internet and would like to obtain more * * * * * information, you may access the VA Web site property is abandoned or has been or [FR Doc. 05–3084 Filed 2–17–05; 8:45 am] at http://www.va.gov. You may also learn may be subjected to extraordinary waste or hazard, these facts must be reported BILLING CODE 8320–01–P
VerDate jul<14>2003 15:49 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\18FEP2.SGM 18FEP2 Friday, February 18, 2005
Part IV
The President Presidential Determination No. 2005–20 of February 10, 2005—Waiving Prohibition on Use of Fiscal Year 2005 Economic Support Funds With Respect to Jordan Executive Order 13372—Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions
VerDate jul<14>2003 13:46 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18FEO0.SGM 18FEO0 VerDate jul<14>2003 13:46 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\18FEO0.SGM 18FEO0 8497
Federal Register Presidential Documents Vol. 70, No. 33
Friday, February 18, 2005
Title 3— Presidential Determination No. 2005–20 of February 10, 2005
The President Waiving Prohibition on Use of Fiscal Year 2005 Economic Support Funds with Respect to Jordan
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (the ‘‘Act’’), Division D of Public Law 108–447, I hereby: • Determine that it is important to the national security interests of the United States to waive, for a period of 6 months from the date of this determination, the prohibition of section 574(a) of the Act with respect to Jordan; and • Waive the prohibition with respect to this country for that period. You are authorized and directed to report this determination to the Congress, and to arrange for its publication in the Federal Register. W
THE WHITE HOUSE, Washington, February 10, 2005.
[FR Doc. 05–3384 Filed 2–17–05; 8:57 am] Billing code 4710–10–P
VerDate jul<14>2003 13:46 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\18FEO0.SGM 18FEO0 Federal Register / Vol. 70, No. 28 / Friday, February 18, 2005 / Presidential Documents 8499 Presidential Documents
Executive Order 13372 of February 16, 2005
Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions
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, as amended (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, in order to clarify the steps taken in Executive Order 12947 of January 23, 1995, as amended by Executive Order 13099 of August 20, 1998; and Executive Order 13224 of September 23, 2001, as amended by Executive Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 2003, in particular with respect to the implementation of section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), hereby order: Section 1. Section 4 of Executive Order 13224 is hereby amended to read as follows: ‘‘Sec. 4. 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 persons determined to be subject to this order would seriously impair my ability to deal with the national emergency declared in this order, and would endanger Armed Forces of the United States that are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances, and I hereby prohibit such dona- tions as provided by section 1 of this order. Furthermore, I hereby determine that the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX, Public Law 106–387) shall not affect the imposition or the continu- ation of the imposition of any unilateral agricultural sanction or unilateral medical sanction on any person determined to be subject to this order because imminent involvement of the Armed Forces of the United States in hostilities is clearly indicated by the circumstances.’’ Sec. 2. Section 3 of Executive Order 12947 is hereby amended to read as follows: ‘‘Sec. 3. 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 section 1 of this order would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1.’’ Sec. 3. (a) 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 the UNPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent 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.
VerDate jul<14>2003 13:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\18FEE0.SGM 18FEE0 8500 Federal Register / Vol. 70, No. 28 / Friday, February 18, 2005 / Presidential Documents
(b) Nothing contained in this order shall relieve a person from any require- ment to obtain a license or other authorization in compliance with applicable laws and regulations. (c) Amendments to Executive Orders made by this order shall take effect as of the date of this order. Sec. 4. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person. Sec. 5. This order shall be transmitted to the Congress and published in the Federal Register. W
THE WHITE HOUSE, Washington, February 16, 2005.
[FR Doc. 05–3385 Filed 2–17–05; 8:57 am] Billing code 3195–01–P
VerDate jul<14>2003 13:47 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\18FEE0.SGM 18FEE0 i
Reader Aids Federal Register Vol. 70, No. 33 Friday, February 18, 2005
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
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. 3 CFR Proposed Rules: Presidential Documents 170...... 8040 Executive orders and proclamations 741–6000 Proclamations: 300...... 6596 The United States Government Manual 741–6000 6641 (see Proc. 301...... 6596 7870) ...... 7611 923...... 6598 Other Services 7866...... 6545 946...... 7437 Electronic and on-line services (voice) 741–6020 7867...... 6547 993...... 5944 Privacy Act Compilation 741–6064 7868...... 6995 1033...... 8043 Public Laws Update Service (numbers, dates, etc.) 741–6043 7869...... 6997 1700...... 5382 TTY for the deaf-and-hard-of-hearing 741–6086 7870...... 7611 1709...... 5382 Executive Orders: 9 CFR ELECTRONIC RESEARCH 12947 (Amended by EO 13372)...... 8497 53...... 6553 World Wide Web 13099 (See EO 71...... 6553 Full text of the daily Federal Register, CFR and other publications 13372) ...... 8497 78...... 7839 is located at: http://www.gpoaccess.gov/nara/index.html 13224 (Amended by 93...... 6083 94...... 5043, 6083 Federal Register information and research tools, including Public EO 13372)...... 8497 13268 (See EO 95...... 6083 Inspection List, indexes, and links to GPO Access are located at: 96...... 6083 http://www.archives.gov/federallregister/ 13372) ...... 8497 13284 (See EO 327...... 6554 E-mail 13372) ...... 8497 10 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13372...... 8497 Proposed Rules: an open e-mail service that provides subscribers with a digital Administrative Orders: 2...... 7196 form of the Federal Register Table of Contents. The digital form Memorandums: 30...... 7196 of the Federal Register Table of Contents includes HTML and Memorandum of 40...... 7196 PDF links to the full text of each document. February 9, 2005 ...... 7631 50...... 7196 To join or leave, go to http://listserv.access.gpo.gov and select Presidential 52...... 7196 Online mailing list archives, FEDREGTOC-L, Join or leave the list Determinations: 60...... 7196 (or change settings); then follow the instructions. No. 2005-19 of 63...... 7196 January 27, 2005 ...... 6549 70...... 7196 PENS (Public Law Electronic Notification Service) is an e-mail No. 2005-20 of service that notifies subscribers of recently enacted laws. 71...... 7196 February 10, 2005 ...... 8499 72...... 7196 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 5 CFR 73...... 7196 and select Join or leave the list (or change settings); then follow 76...... 7196 the instructions. Ch. XCVII...... 5272 150...... 7196 FEDREGTOC-L and PENS are mailing lists only. We cannot 5501...... 5543 431...... 7673 respond to specific inquiries. 5502...... 5543 490...... 7442 9701...... 5272 Reference questions. Send questions and comments about the Proposed Rules: 11 CFR Federal Register system to: [email protected] Ch. LXXXI...... 7192 110...... 5565 The Federal Register staff cannot interpret specific documents or Ch. XCIX...... 7552 Proposed Rules: regulations. 9901...... 7552 109...... 5382 7 CFR 300...... 5382, 5385 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 272...... 6313 12 CFR 5043–5348...... 1 275...... 6313 30...... 6329 5349–5542...... 2 301...... 7379 201...... 6763 5543–5914...... 3 319...... 6999, 8229 229...... 7379 770...... 7165 5915–6312...... 4 271...... 7839 810...... 8233 6313–6550...... 7 272...... 7839 905...... 5915 281...... 7839 6551–6762...... 8 923...... 6999 Proposed Rules: 6763–6994...... 9 929...... 7633 Ch. I ...... 5571 6995–7164...... 10 930...... 7645 Ch. II ...... 5571 7165–7378...... 11 932...... 6323 Ch. III ...... 5571 7379–7632...... 14 984...... 7002 Ch. IV...... 5571 7633–7838...... 15 989...... 6326 Ch. VII...... 5946 7839–8020...... 16 1260...... 7004 13 CFR 8021–8228...... 17 1463...... 7007 8229–8500...... 18 1700...... 5349 125...... 5568 1709...... 5349 1944...... 7650 14 CFR 3550...... 6551 13...... 8236
VerDate jul 14 2003 19:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\18FECU.LOC 18FECU ii Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Reader Aids
14...... 8236 21 CFR 202...... 7177 46 CFR 25...... 7800 172...... 8032 38 CFR 501...... 7659 39 ...... 5361, 5365, 5367, 5515, 173...... 7394 502...... 7659 5917, 5920, 7014, 7016, 510...... 8289 17...... 5926 515...... 7659 7017, 7167, 7174, 7381, Proposed Rules: 520...... 8289 Proposed Rules: 7382, 7384, 7386, 7389, 522...... 6764, 8290 36...... 8472 381...... 7458 7390, 7841, 7845, 7847, 524...... 8290 39 CFR 7851, 8021, 8025, 8028, 1310...... 5925 8239, 8241 1313...... 5925 111...... 5055 47 CFR 71 ...... 5370, 6334, 6335, 6336, 551...... 6764 Proposed Rules: 0...... 6593 7020, 7021, 7392, 8432 1308...... 7449 Proposed Rules: 1...... 6771 95...... 6337, 7358 3001...... 7704 2...... 6771 97...... 6338, 8243 22 CFR 15...... 6771 119...... 5518, 7392 40 CFR 22...... 5372 22...... 6761 121...... 5518 9...... 6351 41...... 7853 25...... 6771 129...... 5518 52 ...... 5377, 5927, 5928, 6352, 54...... 6365 135...... 5518 Proposed Rules: 6591, 7024, 7038, 7041, 51...... 8305 64...... 8034 183...... 5518 7407, 7657, 8291 73 ...... 5380, 5381, 7189 234...... 7392 26 CFR 63...... 6355, 6930 76...... 6593 Proposed Rules: 81 ...... 5057, 6361, 6591 90...... 6758, 6761 1...... 5044, 7176 21...... 7830 180 .....7854, 7861, 7864, 7870, 301...... 6776 25...... 6598 301...... 7396 7876, 7886, 7895 602...... 7396 Proposed Rules: 39 ...... 5064, 5066, 5070, 5073, 239...... 7658 54...... 6390 Proposed Rules: 5076, 5078, 5081, 5387, 258...... 7658 73 ...... 7219, 7220, 7221, 8054, 1...... 5948 5390, 6782, 6786, 7052, 271...... 6765 8332, 8333, 8334, 8335 7056, 7057, 7059, 7061, 180...... 7044, 7177 7063, 7217, 7443, 7446, 27 CFR 300...... 5930, 7182 7674, 7676, 7678, 7681, Proposed Rules: 442...... 5058 48 CFR 7683, 7687, 7689, 7691, 9 ...... 5393, 5397, 6792 Proposed Rules: Ch. 12 ...... 6506 7693, 7695, 7697, 7700, 51...... 5593 219...... 6373 8303 28 CFR 52 ...... 5085, 5399, 6387, 6796, 225...... 6374 71 ...... 6376, 6378, 6379, 6381, Proposed Rules: 7069, 7455, 7904 229...... 6375 6601 904...... 8048 60...... 8314 Proposed Rules: 91...... 7830 907...... 8050 63...... 6388, 6974 250...... 6393 241...... 8140 70...... 7905 249...... 8140 29 CFR 71...... 7905 49 CFR 375...... 6382 1910...... 8291 81...... 7081 4022...... 7651 122...... 5093 1...... 7669, 8299 15 CFR 4044...... 7651 136...... 7909 Ch. I ...... 8299 730...... 8245 Proposed Rules: 141...... 7909 Ch. XI...... 8299 738...... 8245 2520...... 6306 155...... 5400 173...... 7670 740...... 8245, 8251 180...... 7912 214...... 7047 748...... 8245 30 CFR 261...... 6811 303...... 7411 756...... 8245 250...... 7401 271...... 6819 555...... 7414 764...... 8245 926...... 8002 300 ...... 5949, 7455, 7708 567...... 7414 766...... 8245 948...... 6575 442...... 5100 568...... 7414 772...... 8245 571...... 6777, 7414 Proposed Rules: 774...... 8245 41 CFR 1562...... 7150 250...... 7451 902...... 7022 913...... 6602 Ch. 301 ...... 5932 Proposed Rules: Proposed Rules: 173...... 7072 915...... 6606 42 CFR 30...... 8200 385...... 5957 922...... 7902 31 CFR Proposed Rules: 390...... 5957 400...... 6184 395...... 5957 50...... 7403 17 CFR 405...... 6140, 6184 571...... 7222 1...... 5923, 7549 33 CFR 410...... 6184 605...... 5600 155...... 5923, 7549 412...... 5724, 6184 201...... 7606 100...... 5045 413...... 6086, 6184 50 CFR 228...... 6556 117 .....5048, 6345, 7024, 7405, 414...... 6184 229...... 6556 7653 423...... 6256 17...... 8037 232...... 6556, 6573 165 .....5045, 5048, 5050, 6347, 441...... 6086 229...... 6779 240...... 6556 6349, 7653, 7655 482...... 6140 622 ...... 5061, 5569, 8037 249...... 6556 Proposed Rules: 486...... 6086 648...... 7050, 7190 270...... 6556 100...... 7702 488...... 6140, 6184 660...... 7022 Proposed Rules: 165 ...... 5083, 7065, 8309 494...... 6184 679 ...... 5062, 6781, 7900, 7901 1...... 5577 167...... 7067, 8312 498...... 6086 Proposed Rules: 17 ...... 5101, 5117, 5123, 5401, 36 CFR 18 CFR 44 CFR 5404, 5959, 6819, 7459 35...... 8253 Proposed Rules: 64...... 6364 21...... 6978 157...... 6340, 8269 1253...... 6386 65...... 5933, 5936 226...... 6394 67 ...... 5937, 5938, 5942 300...... 6395 20 CFR 37 CFR Proposed Rules: 622...... 5128 416...... 6340 1...... 5053 67 ...... 5949, 5953, 5954, 5956 648...... 6608
VerDate jul 14 2003 19:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\18FECU.LOC 18FECU Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Reader Aids iii
REMINDERS clotrimazole ointment; Administration and notice; published 12-22-03 The items in this list were technical amendment; Research and Innovative [FR 03-25121] editorially compiled as an aid published 2-18-05 Technology Administration; DEFENSE DEPARTMENT establishment and other to Federal Register users. Sponsor name and address Army Department Inclusion or exclusion from changes— organizational changes; published 2-18-05 Law enforcement and criminal this list has no legal Phibro Animal Health; investigations: significance. published 2-18-05 TRANSPORTATION DEPARTMENT Motor vehicle traffic Phoenic Scientific, Inc.; Research and Innovative supervision; comments published 2-18-05 RULES GOING INTO Technology Administration due by 2-22-05; published Trenbolone acetate and EFFECT FEBRUARY 18, Organization, functions, and 12-21-04 [FR 04-27568] estradiol implant; authority delegations: DEFENSE DEPARTMENT 2005 published 2-18-05 Pipeline and Hazardous Acquisition regulations: LABOR DEPARTMENT Materials Safety AGRICULTURE Pilot Mentor-Protege Occupational Safety and Administration and DEPARTMENT Program; Open for Health Administration Research and Innovative Rural Housing Service Technology Administration; comments until further Safety and health standards: notice; published 12-15-04 Guaranteed Rural Rental establishment and other [FR 04-27351] Housing Program: National consensus organizational changes; standards and industry published 2-18-05 ENERGY DEPARTMENT Secondary mortgage market standards; outdated participation; published 1- Meetings: references deletion; COMMENTS DUE NEXT 19-05 withdrawn; published 2- Environmental Management COMMERCE DEPARTMENT 18-05 WEEK Site-Specific Advisory Board— Industry and Security TRANSPORTATION AGRICULTURE Oak Ridge Reservation, Bureau DEPARTMENT DEPARTMENT TN; Open for comments Export administration Federal Aviation Agricultural Marketing until further notice; regulations: Administration Service published 11-19-04 [FR License exception TMP Airworthiness directives: Cotton classing, testing and 04-25693] revision; basic standards: Raytheon; published 1-19-05 ENERGY DEPARTMENT communications Classification services to Procedural rules: equipment export to growers; 2004 user fees; Energy Efficiency and Sudan for use by Civil penalty actions; Open for comments until Renewable Energy Office organizations to relieve published 2-18-05 further notice; published Commercial and industrial human suffering; Standard instrument approach 5-28-04 [FR 04-12138] equipment; energy efficiency published 2-18-05 procedures; published 2-18- Hazelnuts grown in — program: Export Administration 05 Oregon and Washington; Test procedures and Regulations: comments due by 2-22- efficiency standards— Technical corrections; RULES GOING INTO 05; published 12-21-04 Commercial packaged [FR 04-27907] published 2-18-05 EFFECT FEBRUARY 20, boilers; Open for Oranges, grapefruit, comments until further ENVIRONMENTAL 2005 tangerines, and tangelos PROTECTION AGENCY notice; published 10-21- grown in— 04 [FR 04-17730] Air quality implementation COMMERCE DEPARTMENT Florida; comments due by ENERGY DEPARTMENT plans; approval and National Oceanic and 2-22-05; published 12-22- promulgation; various Atmospheric Administration 04 [FR 04-27892] Federal Energy Regulatory States: Commission Fishery conservation and AGRICULTURE North Carolina; published 2- management: DEPARTMENT Electric rate and corporate 18-05 Food Safety and Inspection regulation filings: Northeastern United States Service Superfund program: fisheries— Virginia Electric & Power National oil and hazardous Meat and poultry inspection: Co. et al.; Open for Loligo squid; published 2- substances contingency Slaughterers of young comments until further 22-05 plan— calves; hazard analysis notice; published 10-1-03 National priorities list TRANSPORTATION and critical control point [FR 03-24818] DEPARTMENT (HACCP) system; update; published 12- ENVIRONMENTAL reassessment; comments 20-04 Organization, functions, and PROTECTION AGENCY authority delegations: due by 2-22-05; published FEDERAL 12-23-04 [FR 04-28083] Air pollutants, hazardous; COMMUNICATIONS Pipeline and Hazardous national emission standards: Materials Safety COMMERCE DEPARTMENT COMMISSION Test methods; Method 301 Administration and National Oceanic and Digital television stations; table for field validation of Research and Innovative Atmospheric Administration of assignments: pollutant measurement Technology Administration; Fishery conservation and methods from various Arkansas; published 1-14-05 establishment and other management: waste media; comments Montana; published 1-14-05 organizational changes; Northeastern United States due by 2-22-05; published Washington; published 1-14- published 2-18-05 fisheries— Atlantic bluefish; 12-22-04 [FR 04-27985] 05 TRANSPORTATION comments due by 2-23- Air quality implementation HEALTH AND HUMAN DEPARTMENT 05; published 2-8-05 plans; approval and SERVICES DEPARTMENT Pipeline and Hazardous [FR 05-02442] promulgation; various Food and Drug Materials Safety COURT SERVICES AND States: Administration Administration OFFENDER SUPERVISION District of Columbia, Animal drugs, feeds, and Organization, functions, and AGENCY FOR THE Maryland, and Virginia; related products: authority delegations: DISTRICT OF COLUMBIA comments due by 2-25- Gentamicin sulfate, Pipeline and Hazardous Semi-annual agenda; Open for 05; published 2-16-05 [FR betamethasone valerate, Materials Safety comments until further 05-02987]
VerDate jul 14 2003 19:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\18FECU.LOC 18FECU iv Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Reader Aids
Maine; comments due by 2- capability; Open for published 9-10-04 [FR 05; published 1-13-05 [FR 23-05; published 1-24-05 comments until further 04-20517] 05-00717] [FR 05-01246] notice; published 12-29- LIBRARY OF CONGRESS McDonnell Douglas; 04 [FR 04-28531] South Carolina; comments Copyright Office, Library of comments due by 2-22- due by 2-25-05; published HEALTH AND HUMAN Congress 05; published 1-5-05 [FR 1-26-05 [FR 05-01373] 05-00168] SERVICES DEPARTMENT Copyright Arbitration Royalty Air quality planning purposes; Food and Drug Panel rules and procedures: Rolls Royce plc; comments designation of areas: Administration due by 2-25-05; published Secondary transmissions by 12-27-04 [FR 04-28145] Nevada; comments due by Reports and guidance satellite carriers; royalty 2-22-05; published 1-21- documents; availability, etc.: fee adjustment; comments Teledyne Continental Motors; comments due by 05 [FR 05-01118] Evaluating safety of due by 2-25-05; published 2-22-05; published 12-22- Environmental statements; antimicrobial new animal 1-26-05 [FR 05-01435] 04 [FR 04-27955] availability, etc.: drugs with regard to their NATIONAL Airworthiness standards: Coastal nonpoint pollution microbiological effects on TRANSPORTATION SAFETY control program— bacteria of human health BOARD Special conditions— Minnesota and Texas; concern; Open for Aircraft accidents or incidents Raytheon Model 4000 Open for comments comments until further and overdue aircraft, and Horizon airplane; until further notice; notice; published 10-27-03 preservation of aircraft comments due by 2-22- published 10-16-03 [FR [FR 03-27113] wreckage, mail, cargo, and 05; published 1-5-05 03-26087] Medical devices— records; notification and [FR 05-00122] Hazardous waste: Dental noble metal alloys reporting; comments due by Shadin Co., Inc., Cessna Aircraft Co. Model 501 Project XL Program; site- and base metal alloys; 2-25-05; published 12-27-04 and 551 airplanes; specific projects— Class II special [FR 04-28148] controls; Open for comments due by 2-22- New York State public NUCLEAR REGULATORY comments until further 05; published 1-21-05 utilities; comments due COMMISSION notice; published 8-23- [FR 05-01156] by 2-24-05; published Environmental statements; 04 [FR 04-19179] Class E airspace; comments 1-25-05 [FR 05-00822] availability, etc.: due by 2-20-05; published HOMELAND SECURITY Pesticides; tolerances in food, Fort Wayne State 12-27-04 [FR 04-28232] animal feeds, and raw DEPARTMENT Developmental Center; TRANSPORTATION agricultural commodities: Coast Guard Open for comments until DEPARTMENT Bacillus pumilus GB34; Anchorage regulations: further notice; published Federal Motor Carrier Safety comments due by 2-22- 5-10-04 [FR 04-10516] Maryland; Open for Administration 05; published 12-22-04 comments until further SMALL BUSINESS Motor carrier safety standards: [FR 04-27982] notice; published 1-14-04 ADMINISTRATION Toxic substances: [FR 04-00749] Household goods brokers; Disaster loan areas: motor vehicle Chemical inventory update HOUSING AND URBAN Maine; Open for comments transportation regulations; reporting; comments due DEVELOPMENT until further notice; comment request; by 2-25-05; published 1- DEPARTMENT published 2-17-04 [FR 04- comments due by 2-22- 26-05 [FR 05-01380] Grants: 03374] 05; published 12-22-04 Water pollution control: Housing Counseling STATE DEPARTMENT [FR 04-27933] National Pollutant Discharge Program; comments due Acquisition regulations: TRANSPORTATION Elimination System— by 2-22-05; published 12- Miscellaneous amendments; DEPARTMENT Concentrated animal 23-04 [FR 04-28049] comments due by 2-22- National Highway Traffic feeding operations in Mortgage and loan insurance 05; published 12-22-04 Safety Administration New Mexico and program: [FR 04-27990] Motor vehicle safety Oklahoma; general Single Family Mortgage OFFICE OF UNITED STATES standards: permit for discharges; Insurance Program— Open for comments TRADE REPRESENTATIVE Platform lift systems for Default reporting period; until further notice; Trade Representative, Office accessible vehicles and comments due by 2-22- published 12-7-04 [FR of United States platform lift installations 05; published 1-21-05 04-26817] Generalized System of on vehicles; comments [FR 05-01046] due by 2-22-05; published Water pollution; effluent Preferences: Mortgage and loan insurance 12-23-04 [FR 04-28085] guidelines for point source 2003 Annual Product programs: categories: Review, 2002 Annual TRANSPORTATION Single family mortgage DEPARTMENT Meat and poultry products Country Practices Review, insurance— processing facilities; Open and previously deferred Saint Lawrence Seaway for comments until further Property flipping product decisions; Development Corporation notice; published 9-8-04 prohibition and sales petitions disposition; Open Seaway regulations and rules: [FR 04-12017] time restriction for comments until further Miscellaneous amendments; exemptions; comments notice; published 7-6-04 FEDERAL comments due by 2-24- due by 2-22-05; [FR 04-15361] COMMUNICATIONS 05; published 1-25-05 [FR published 12-23-04 [FR TRANSPORTATION 05-01264] COMMISSION 04-28050] Common carrier services: DEPARTMENT TREASURY DEPARTMENT INTERIOR DEPARTMENT Interconnection— Federal Aviation Internal Revenue Service Fish and Wildlife Service Administration Incumbent local exchange Income taxes: carriers unbounding Endangered and threatened Airworthiness directives: Partnerships; disguised obligations; local species permit applications Boeing; comments due by sales; comments due by competition provisions; Recovery plans— 2-22-05; published 1-5-05 2-24-05; published 11-26- wireline services Paiute cutthroat trout; [FR 05-00170] 04 [FR 04-26112] offering advanced Open for comments Cirrus Design Corp.; Predecessors and telecommunications until further notice; comments due by 2-24- successors; section 355(e)
VerDate jul 14 2003 19:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\18FECU.LOC 18FECU Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Reader Aids v
gain recognition limitation; which have become Federal U.S. Government Printing comments due by 2-22- laws. It may be used in Office, Washington, DC 20402 05; published 11-22-04 conjunction with ‘‘PLUS’’ (phone, 202–512–1808). The Public Laws Electronic [FR 04-25649] (Public Laws Update Service) text will also be made Notification Service VETERANS AFFAIRS on 202–741–6043. This list is available on the Internet from (PENS) also available online at http:// DEPARTMENT GPO Access at http:// www.archives.gov/ Compensation, pension, burial www.gpoaccess.gov/plaws/ federal—register/public—laws/ PENS is a free electronic mail and related benefits: index.html. Some laws may public—laws.html. notification service of newly Nonservice-connected not yet be available. enacted public laws. To disability and death A cumulative List of Public subscribe, go to http:// pensions; comments due Laws for the second session H.R. 241/P.L. 109-1 listserv.gsa.gov/archives/ by 2-25-05; published 12- of the 108th Congress will publaws-l.html 27-04 [FR 04-28161] appear in the issue of January 31, 2005. To accelerate the income tax Note: This service is strictly The text of laws is not benefits for charitable cash for E-mail notification of new LIST OF PUBLIC LAWS published in the Federal contributions for the relief of laws. The text of laws is not Register but may be ordered victims of the Indian Ocean available through this service. This is the first in a continuing in ‘‘slip law’’ (individual tsunami. (Jan. 7, 2005; 119 PENS cannot respond to list of public bills from the pamphlet) form from the Stat. 3) specific inquiries sent to this current session of Congress Superintendent of Documents, address.
VerDate jul 14 2003 19:41 Feb 17, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\18FECU.LOC 18FECU