10–13–04 Wednesday Vol. 69 No. 197 Oct. 13, 2004

Pages 60795–60942

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i II Federal Register / Vol. 69, No. 197 / Wednesday, October 13, 2004

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Contents Federal Register Vol. 69, No. 197

Wednesday, October 13, 2004

Agriculture Department Drug Enforcement Administration See Forest Service NOTICES Applications, hearings, determinations, etc.: Antitrust Division Chattem Chemicals, Inc., 60898 NOTICES National cooperative research notifications: Employment and Training Administration Advanced Television Systems Committee, Inc., 60894– NOTICES 60895 Federal-State unemployment compensation program: American Oil Chemists’ Society, 60895 Federal law interpretations— American Society of Mechnical Engineers, 60895 Alternative Trade Adjustment Assistance Program; American Water Works Association, 60895 Training and Employment Guidance Letters, Canadian Standards Association et al., 60896 60904–60909 Engine Manufacturers Association, 60896 North American Free Trade Agreement-Transitional Institute of Inspection Cleaning and Restoration Adjustment Assistance Program; General Certification, 60896–60897 Administration Letters, 60898–60903 Instrumentation, Systems, and Automation Society, Trade Adjustment Assistance Program; Training and 60897 Employment Guidance Letters, 60903–60904 National Association of Fire Equipment Distributors, 60897 Energy Department National Golf Car Manufacturers Association, Inc., 60897 See Federal Energy Regulatory Commission NPES The Association for Suppliers of Printing, See Western Area Power Administration Publishing, and Converting Technologies, 60896 VMEbus International Trade Association, 60897–60898 Environmental Protection Agency RULES Arts and Humanities, National Foundation Air pollutants, hazardous; national emission standards: See National Foundation on the Arts and the Humanities Coke ovens; pushing, quenching, and battery stacks, 60813–60820 Centers for Disease Control and Prevention Pesticides; tolerances in food, animal feeds, and raw NOTICES agricultural commodities: Meetings: Mepanipyrim, 60820–60827 Immunization Practices Advisory Committee, 60884 PROPOSED RULES Air pollutants, hazardous; national emission standards: Centers for Medicare & Medicaid Services Coke ovens; pushing, quenching, and battery stacks, See Inspector General Office, Health and Human Services 60837–60839 Department NOTICES Agency information collection activities; proposals, Commerce Department submissions, and approvals, 60858–60861 See Foreign-Trade Zones Board Grants and cooperative agreements; availability, etc.: See Industry and Security Bureau State Innovation Program, 60861–60863 See National Oceanic and Atmospheric Administration Meetings: Customs and Border Protection Bureau Association of American Pesticide Control Officials/State PROPOSED RULES FIFRA Issues Research and Evaluation Group, 60863 Trademarks, trade names, and copyrights: Ozone Transport Comission, 60864 Piratical articles importation prevention; copyrights Science Advisory Board, 60864–60865 recordation and enforcement procedures Pesticide registration, cancellation, etc.: Correction, 60936 HBB Partnership, 60865–60866 NOTICES Meetings: Executive Office of the President Airport and Seaport User Fee Advisory Committee, See Trade Representative, Office of United States 60891–60892 Federal Aviation Administration Defense Department RULES NOTICES Airworthiness directives: Agency information collection activities; proposals, Airbus, 60799–60802, 60809–60811 submissions, and approvals, 60842 Boeing, 60807–60809 Meetings: Dornier, 60804–60807 Electron Devices Advisory Group, 60842 Empresa Brasileira de Aeronautica, S.A. (EMBRAER), Meetings; Sunshine Act, 60842–60843 60802–60804 Airworthiness standards: Delaware River Basin Commission Special conditions— NOTICES Raytheon Aircraft Co. Model MU-300-10 and 400 Meetings and hearings, 60843–60844 airplanes, 60797–60798

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Raytheon Aircraft Co. Model MU-300 airplanes, 60795– Food and Drug Administration 60797 RULES NOTICES Animal drugs, feeds, and related products: Agency information collection activities; proposals, Sponsor name and address changes— submissions, and approvals, 60929–60930 Alpharma, Inc., et al., 60811 Air traffic operating and flight rules, etc.: NOTICES High density airports; takeoff and landing slots, slot Agency information collection activities; proposals, exemption lottery, and slot allocation procedures— submissions, and approvals, 60884–60885 International slots for summer 2005 scheduling season; submission deadline, 60930 Foreign-Trade Zones Board Passenger faciliity charges; applications, etc.: NOTICES Roanoke Regional Airport, VA, 60930–60931 Applications, hearings, determinations, etc.: Maine, 60840 Federal Communications Commission Mississippi, 60841 NOTICES Meetings: North American Numbering Council, 60866 Forest Service NOTICES Federal Deposit Insurance Corporation Meetings: Opal Creek Scenic Recreation Area Advisory Council, NOTICES 60840 Financial institutions in receivership; insufficiency of Resource Advisory Committees— assets to satisfy all claims; determinations, 60866 Crook County, 60840 Meetings; Sunshine Act, 60867

Federal Energy Regulatory Commission Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Complaints filed: See Food and Drug Administration Union Power Partners, L.P., 60848 See Inspector General Office, Health and Human Services Electric rate and corporate regulation filings, 60848–60853 Department Environmental statements; availability, etc.: See Substance Abuse and Mental Health Services Boulder, Boulder County, CO, 60853–60854 Administration Environmental statements; notice of intent: NOTICES Empire State Pipeline, 60854–60856 Privacy Act: Meetings: Computer matching programs, 60883–60884 Wind energy in wholesale electricity markets; assessment; technical conference, 60857 Homeland Security Department Applications, hearings, determinations, etc.: See Customs and Border Protection Bureau California Independent System Operator Corp., 60856 RULES California Power Exchange Corp., 60856 Nonimmigrant classes: Dominion Transmission, Inc., et al., 60844–60845 Actuaries and plant pathologists; addition to Appendix Enogex Inc., 60845–60846 1603.D.1 of North American Free Trade Agreement, High Island Offshore System, L.L.C., 60846 60938–60942 Midwest Independent System Operator, Inc., 60856– NOTICES 60857 Organization, functions, and authority delegations: Northwest Pipeline Corp., 60846 Citizenship and Immigration Services Bureau; agency Ozark Gas Transmission, L.L.C., 60846–60847 name change to U.S. Citizenship and Immigration Texas Gas Transmission, LLC, 60847 Services, 60937–60938 Transcontinental Gas Pipe Line Corp., 60847–60848 Transwestern Pipeline Co., 60848 Housing and Urban Development Department NOTICES Federal Housing Finance Board Agency information collection activities; proposals, NOTICES submissions, and approvals, 60892–60894 Federal home loan bank system: Community support review; members selected for review; Industry and Security Bureau list, 60867–60877 PROPOSED RULES Export administration regulations: Federal Reserve System Knowledge and red flags; definition and guidance NOTICES revisions; safe harbor, 60829–60836 Banks and bank holding companies: Formations, acquisitions, and mergers, 60877 Inspector General Office, Health and Human Services Federal Trade Commission Department NOTICES NOTICES Agency information collection activities; proposals, Program exclusions; list, 60885–60891 submissions, and approvals, 60877–60880 Premerger notification waiting periods; early terminations, Interior Department 60880–60883 See Land Management Bureau

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Internal Revenue Service Office of United States Trade Representative NOTICES See Trade Representative, Office of United States Meetings: Information Reporting Program Advisory Committee, Pacific Northwest Electric Power and Conservation 60935 Planning Council NOTICES International Trade Commission Northwest Conservation and Electric Power Plan; NOTICES amendments, 60911–60912 Meetings; Sunshine Act, 60894 Personnel Management Office Justice Department NOTICES See Antitrust Division Agency information collection activities; proposals, See Drug Enforcement Administration submissions, and approvals; comment request, 60912– 60913 Labor Department See Employment and Training Administration Securities and Exchange Commission See Occupational Safety and Health Administration NOTICES Public Company Accounting Oversight Board: Land Management Bureau Audit of internal control over financial reporting NOTICES performed in conjunction with audit of financial Meetings: statements; proposed rules filed, 60913–60924 Resource Advisory Councils— Self-regulatory organizations; proposed rule changes: Eastern Montana, 60894 American Stock Exchange LLC, 60924–60925

National Aeronautics and Space Administration Small Business Administration NOTICES NOTICES Meetings: Disaster loan areas: Space Science Advisory Committee, 60910 Florida, 60925–60926 New Jersey, 60926 National Archives and Records Administration New York, 60926 NOTICES Ohio, 60926–60927 Meetings: License surrenders: Presidential Libraries Advisory Committee, 60910 Taroco Capital Corp., 60927 Military Reservist Economic Injury Disaster Loan Program: National Foundation on the Arts and the Humanities Loan application filing addresses— NOTICES Atlanta, GA, 60927–60928 Meetings: Ft. Worth, TX, 60927 Arts National Council, 60910–60911 Niagara Falls, NY, 60928 Sacramento, CA, 60927 National Highway Traffic Safety Administration NOTICES State Department Motor vehicle safety standards: RULES Nonconforming vehicles— Nationality and passports: Importation eligibility; determinations, 60931–60934 Passport procedures; amendments, 60811–60813 NOTICES National Oceanic and Atmospheric Administration Art objects; importation for exhibition: RULES Stubbs and the Horse, 60928 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Substance Abuse and Mental Health Services Pollock, 60827 Administration NOTICES NOTICES Permits: Organization, functions, and authority delegations: Endangered and threatened species and marine mammal Center for Substance Abuse Prevention, 60891 permit applications, 60841–60842 Trade Representative, Office of United States National Science Foundation NOTICES NOTICES Intellectual property rights, countries denying; Antarctic Conservation Act of 1978; permit applications, identification: etc., 60911 Malaysia, Poland, and Taiwan, 60928–60929 Nuclear Regulatory Commission Transportation Department NOTICES See Federal Aviation Administration Meetings; Sunshine Act, 60911 See National Highway Traffic Safety Administration NOTICES Occupational Safety and Health Administration Aviation proceedings: NOTICES Agreements filed; weekly receipts, 60929 Meetings: Occupational Safety and Health Federal Advisory Treasury Department Council, 60909–60910 See Internal Revenue Service

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NOTICES Agency information collection activities; proposals, submissions, and approvals, 60934–60935 Reader Aids Western Area Power Administration Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Pick-Sloane Missouri Basin Program-Eastern Division; post- and notice of recently enacted public laws. 2005 resource pool; power allocations, 60857–60858 To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Separate Parts In This Issue listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change Part II settings); then follow the instructions. Homeland Security Department, 60937–60942

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CFR PARTS AFFECTED IN THIS ISSUE

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

8 CFR 214...... 60939 14 CFR 25 (2 documents) ...... 60795, 60797 39 (6 documents) ...... 60799, 60801, 60802, 60804, 60807, 60809 15 CFR Proposed Rules: 732...... 60829 736...... 60829 740...... 60829 744...... 60829 752...... 60829 764...... 60829 772...... 60829 19 CFR Proposed Rules: 133...... 60936 21 CFR 510...... 60811 22 CFR 51...... 60811 40 CFR 63...... 60813 180...... 60820 Proposed Rules: 63...... 60837 50 CFR 679...... 60828

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Rules and Regulations Federal Register Vol. 69, No. 197

Wednesday, October 13, 2004

This section of the FEDERAL REGISTER Renton, Washington, 98055–4056; or postcard on which the docket number contains regulatory documents having general delivered in duplicate to the Transport appears. We will stamp the date on the applicability and legal effect, most of which Airplane Directorate at the above postcard and mail it back to you. are keyed to and codified in the Code of address. Comments must be marked: Background Federal Regulations, which is published under Docket No. NM290. Comments may be 50 titles pursuant to 44 U.S.C. 1510. inspected in the Rules Docket On March 1, 2004, ARINC Inc., 1632 The Code of Federal Regulations is sold by weekdays, except Federal holidays, South Murray Blvd. Colorado Springs, the Superintendent of Documents. Prices of between 7:30 a.m. and 4 p.m. CO 80916 applied for a supplemental new books are listed in the first FEDERAL FOR FURTHER INFORMATION CONTACT: Greg type certificate (STC) to modify REGISTER issue of each week. Dunn, FAA, Airplane and Flight Crew Raytheon Aircraft Company Models Interface Branch, ANM–111, Transport MU–300 (Diamond I and IA) airplanes. Airplane Directorate, Aircraft The Raytheon MU–300 airplanes are DEPARTMENT OF TRANSPORTATION Certification Service, 1601 Lind Avenue small transport category airplanes powered by two turbojet engines, with Federal Aviation Administration SW., Renton, Washington, 98055–4056; telephone (425) 227–2799; facsimile maximum takeoff weights of up to 14,630 pounds. These airplanes operate 14 CFR Part 25 (425) 227–1149. SUPPLEMENTARY INFORMATION: with a 2-pilot crew and can seat up to [Docket No. NM290; Special Conditions No. 9 passengers. The proposed 25–274–SC] Comments Invited modification incorporates the The FAA has determined that notice installation of a Dual Thommen AD–32 Special Conditions: Raytheon Aircraft and opportunity for prior public Air Data Display Units. The information MU–300 Airplanes; High Intensity this equipment presents is flight critical. Radiated Fields (HIRF) comment hereon is unnecessary as the substance of these special conditions The avionics/electronics and electrical AGENCY: Federal Aviation has been subject to the public comment systems to be installed on these Administration (FAA), DOT. process in several prior instances with airplanes have the potential to be ACTION: Final special conditions; request no substantive comments received. The vulnerable to high-intensity radiated for comments. FAA, therefore, finds that good cause fields (HIRF) external to the airplane. exists for making these special Type Certification Basis SUMMARY: These special conditions are conditions effective upon issuance; issued for Raytheon Aircraft Company however, we invite interested persons to Under the provisions of 14 CFR Model MU–300 airplanes modified by participate in this rulemaking by 21.101, ARINC Inc. must show that the ARINC, Inc. These airplanes will have submitting written comments, data, or Raytheon Aircraft Company Model MU– novel and unusual design features when views. The most helpful comments 300 airplanes, as changed, continue to compared to the state of technology reference a specific portion of the meet the applicable provisions of the envisioned in the airworthiness special conditions, explain the reason regulations incorporated by reference in standards for transport category for any recommended change, and Type Certificate No. A14SW, or the airplanes. The modification include supporting data. We ask that applicable regulations in effect on the incorporates the installation of a you send us two copies of written date of application for the change. The Thommen AD32 Air Data Display Unit comments. regulations incorporated by reference in (ADDU) which incorporates a Digital We will file in the docket all the type certificate are commonly Air Data Computer and Altimeter. The comments we receive, as well as a referred to as the ‘‘original type applicable airworthiness regulations do report summarizing each substantive certification basis.’’ not contain adequate or appropriate public contact with FAA personnel The regulations incorporated by safety standards for the protection of concerning these special conditions. reference in Type Certificate No. these systems from the effects of high- The docket is available for public A14SW include 14 CFR part 25, as intensity-radiated fields (HIRF). These inspection before and after the comment amended by Amendments 25–1 through special conditions contain the closing date. If you wish to review the 25–40; §§ 25.1351(d), 25.1353(c)(5), and additional safety standards that the docket in person, go to the address in 25.1450, as amended by Amendment Administrator considers necessary to the ADDRESSES section of this preamble 25–41; §§ 25.1353(c)(6), and 25.255, as establish a level of safety equivalent to between 7:30 a.m. and 4 p.m. Monday amended by Amendment 25–42; that established by the existing through Friday, except Federal holidays. § 25.361(b) as amended by Amendment airworthiness standards. We will consider all comments we 25–46; and 14 CFR part 36 as amended DATES: The effective date of these receive on or before the closing date for by Amendment 36–1 through 36–12. special conditions is October 1, 2004. comments. We will consider comments If the Administrator finds that the Comments must be received on or filed late if it is possible to do so applicable airworthiness regulations before November 12, 2004. without incurring expense or delay. We (i.e., part 25, as amended) do not ADDRESSES: Comments on these special may change these special conditions in contain adequate or appropriate safety conditions may be mailed in duplicate light of the comments received. standards for modified Model MU–300 to: Federal Aviation Administration, If you want the FAA to acknowledge airplanes, because of a novel or unusual Transport Airplane Directorate, Attn: receipt of your comments on these design feature, special conditions are Rules Docket (ANM–113), Docket No. special conditions, include with your prescribed under the provisions of NM290, 1601 Lind Avenue SW., comments a pre-addressed, stamped § 21.16.

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In addition to the applicable uncertainty concerning the effectiveness well under the provisions of 14 CFR airworthiness regulations and special of airframe shielding for HIRF. 21.101. conditions, the Raytheon Model MU– Furthermore, coupling of Conclusion 300 airplanes must comply with the fuel electromagnetic energy to cockpit- vent and exhaust emission requirements installed equipment through the cockpit This action affects only certain novel of 14 CFR part 34 and the noise window apertures is undefined. Based or unusual design features on the certification requirements of 14 CFR on surveys and analysis of existing HIRF Raytheon Aircraft Company Model MU– part 36. emitters, an adequate level of protection 300 airplanes. It is not a rule of general Special conditions, as defined in 14 exists when compliance is shown with applicability and affects only the CFR 11.19, are issued in accordance either HIRF protection special condition applicant who applied to the FAA for with § 11.38, and become part of the paragraph 1 or 2 below: approval of these features on the type certification basis in accordance 1. A minimum threat of 100 volts rms airplanes. with § 21.101. (root-mean-square) per meter electric Special conditions are initially field strength from 10 KHz to 18 GHz. The substance of the special applicable to the model for which they a. The threat must be applied to the conditions for these airplanes has been are issued. Should ARINC Inc. apply at system elements and their associated subjected to the notice and comment a later date for supplemental type wiring harnesses without the benefit of procedure in several prior instances and certificate to modify any other model airframe shielding. has been derived without substantive included on the same type certificate to b. Demonstration of this level of change from those previously issued. incorporate the same novel or unusual protection is established through system Because a delay would significantly design feature, these special conditions tests and analysis. affect the certification of the airplane, would also apply to the other model 2. A threat external to the airframe of which is imminent, the FAA has under the provisions of § 21.101. the field strengths indicated in the determined that prior public notice and following table for the frequency ranges comment are unnecessary and Novel or Unusual Design Features indicated. Both peak and average field impracticable, and good cause exists for The modified Model MU–300 strength components from the table are adopting these special conditions airplanes will incorporate avionics/ to be demonstrated. immediately. The FAA is requesting electrical systems that will perform comments to allow interested persons to critical functions. These systems may be Field strength submit views that may not have been vulnerable to HIRF external to the Frequency (volts per meter) submitted in response to the prior airplane. Peak Average opportunities for comment described above. Discussion 10 kHz–100 kHz ...... 50 50 List of Subjects in 14 CFR Part 25 There is no specific regulation that 100 kHz–500 kHz ...... 50 50 addresses protection requirements for 500 kHz–2 MHz ...... 50 50 Aircraft, Aviation safety, Reporting electrical and electronic systems from 2 MHz–30 MHz ...... 100 100 and recordkeeping requirements. HIRF. Increased power levels from 30 MHz–70 MHz ...... 50 50 ground-based radio transmitters and the 70 MHz–100 MHz ...... 50 50 The authority citation for these 100 MHz–200 MHz ...... 100 100 special conditions is as follows: growing use of sensitive avionics/ 200 MHz–400 MHz ...... 100 100 electrical and electronic systems to 400 MHz–700 MHz ...... 700 50 Authority: 49 U.S.C. 106(g), 40113, 44701, command and control airplanes have 700 MHz–1 GHz ...... 700 100 44702, 44704. made it necessary to provide adequate 1 GHz–2 GHz ...... 2000 200 The Special Conditions protection. 2 GHz–4 GHz ...... 3000 200 To ensure that a level of safety is 4 GHz–6 GHz ...... 3000 200 Accordingly, pursuant to the achieved equivalent to that intended by 6 GHz–8 GHz ...... 1000 200 authority delegated to me by the 8 GHz–12 GHz ...... 3000 300 the regulations incorporated by Administrator, the following special reference, special conditions are needed 12 GHz–18 GHz ...... 2000 200 18 GHz–40 GHz ...... 600 200 conditions are issued as part of the for the Model MU–300 airplanes. These supplemental type certification basis for special conditions require that new The field strengths are expressed in terms Raytheon Aircraft Company Model MU– avionics/electronics and electrical of peak of the root-mean-square (rms) over 300 airplanes modified ARINC Inc. systems that perform critical functions the complete modulation period. 1. Protection from Unwanted Effects be designed and installed to preclude The threat levels identified above are of High-Intensity Radiated Fields component damage and interruption of the result of an FAA review of existing (HIRF). Each electrical and electronic function due to both the direct and studies on the subject of HIRF, in light system that performs critical functions indirect effects of HIRF. of the ongoing work of the Electromagnetic Effects Harmonization must be designed and installed to High-Intensity Radiated Fields (HIRF) Working Group of the Aviation ensure that the operation and With the trend toward increased Rulemaking Advisory Committee. operational capability of these systems power levels from ground-based to perform critical functions are not transmitters, plus the advent of space Applicability adversely affected when the airplane is and satellite communications, coupled As discussed above, these special exposed to high intensity radiated with electronic command and control of conditions are applicable to the fields. the airplane, the immunity of critical Raytheon Aircraft Company Model MU– 2. For the purpose of these special digital avionics/electronics and 300 airplanes. Should ARINC, Inc. conditions, the following definition electrical systems to HIRF must be apply at a later date for a change to the applies: Critical Functions: Functions established. type certificate to include another whose failure would contribute to or It is not possible to precisely define model incorporating the same novel or cause a failure condition that would the HIRF to which the airplane will be unusual design feature, these special prevent the continued safe flight and exposed in service. There is also conditions would apply to that model as landing of the airplane.

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Issued in Renton, Washington, on October Airplane Directorate, Aircraft modification incorporates the 1, 2004. Certification Service, 1601 Lind Avenue installation of a Dual Thommen AD–32 Kalene C. Yanamura, SW., Renton, Washington, 98055–4056; Air Data Display Units. The information Acting Manager, , Transport Airplane telephone (425) 227–2799; facsimile this equipment presents is flight critical. Directorate, Aircraft Certification Service. (425) 227–1149. The avionics/electronics and electrical [FR Doc. 04–22947 Filed 10–12–04; 8:45 am] SUPPLEMENTARY INFORMATION: systems to be installed on these BILLING CODE 4910–13–P airplanes have the potential to be Comments Invited vulnerable to high-intensity radiated The FAA has determined that notice fields (HIRF) external to the airplane. DEPARTMENT OF TRANSPORTATION and opportunity for prior public comment hereon is unnecessary as the Type Certification Basis Federal Aviation Administration substance of these special conditions Under the provisions of 14 CFR has been subject to the public comment 21.101, ARINC Inc. must show that the 14 CFR Part 25 process in several prior instances with Raytheon Aircraft Company Model MU– [Docket No. NM291; Special Conditions No. no substantive comments received. The 300–10 and 400 airplanes, as changed, 25–273–SC] FAA, therefore, finds that good cause continue to meet the applicable exists for making these special provisions of the regulations Special Conditions: Raytheon Aircraft conditions effective upon issuance; incorporated by reference in Type MU–300–10 and 400 Airplanes; High however, we invite interested persons to Certificate No. A16SW, or the applicable Intensity Radiated Fields (HIRF) participate in this rulemaking by regulations in effect on the date of submitting written comments, data, or AGENCY: Federal Aviation application for the change. The Administration (FAA), DOT. views. The most helpful comments regulations incorporated by reference in reference a specific portion of the ACTION: the type certificate are commonly Final special conditions; request special conditions, explain the reason for comments. referred to as the ‘‘original type for any recommended change, and certification basis.’’ SUMMARY: These special conditions are include supporting data. We ask that The regulations incorporated by issued for Raytheon Aircraft Company you send us two copies of written reference in Type Certificate No. Model MU–300–10 and 400 airplanes comments. A16SW include 14 CFR part 25, as modified by ARINC Inc. These airplanes We will file in the docket all amended by Amendments 25–1 through will have novel and unusual design comments we receive, as well as a 25–40; § 25.1351(d), 25.1353(c)(5), and features when compared to the state of report summarizing each substantive 25.1450 as amended by Amendment 25– technology envisioned in the public contact with FAA personnel 41; §§ 25.29, 25.255, and 25.1353(c)(6) airworthiness standards for transport concerning these special conditions. as amended by Amendment 25–42; category airplanes. The proposed The docket is available for public § 25.361(b) as amended by Amendment modification incorporates the inspection before and after the comment 25–46; and 14 CFR part 36 as amended installation of a Dual Thommen AD–32 closing date. If you wish to review the by Amendment 36–1 through 36–12. docket in person, go to the address in Air Data Display Units. The applicable If the Administrator finds that the the ADDRESSES section of this preamble airworthiness regulations do not contain applicable airworthiness regulations between 7:30 a.m. and 4 p.m. Monday adequate or appropriate safety standards (i.e., part 25, as amended) do not through Friday, except Federal holidays. for the protection of these systems from contain adequate or appropriate safety the effects of high-intensity-radiated We will consider all comments we receive on or before the closing date for standards for modified Model MU–300– fields (HIRF). These special conditions 10 and 400 airplanes, because of a novel contain the additional safety standards comments. We will consider comments filed late if it is possible to do so or unusual design feature, special that the Administrator considers conditions are prescribed under the necessary to establish a level of safety without incurring expense or delay. We may change these special conditions in provisions of § 21.16. equivalent to that established by the In addition to the applicable existing airworthiness standards. light of the comments received. If you want the FAA to acknowledge airworthiness regulations and special DATES: The effective date of these receipt of your comments on these conditions, the Raytheon Model MU– special conditions is November 12, special conditions, include with your 300–10 and 400 airplanes must comply 2004. Comments must be received on or comments a pre-addressed, stamped with the fuel vent and exhaust emission before November 12, 2004. postcard on which the docket number requirements of 14 CFR part 34 and the ADDRESSES: Comments on these special appears. We will stamp the date on the noise certification requirements of 14 conditions may be mailed in duplicate postcard and mail it back to you. CFR part 36. to: Federal Aviation Administration, Special conditions, as defined in 14 Transport Airplane Directorate, Attn: Background CFR 11.19, are issued in accordance Rules Docket (ANM–113), Docket No. On March 1, 2004, ARINC Inc., 1632 with § 11.38, and become part of the NM291, 1601 Lind Avenue SW., South Murray Blvd. Colorado Springs, type certification basis in accordance Renton, Washington, 98055–4056; or CO 80916, applied for a supplemental with § 21.101. delivered in duplicate to the Transport type certificate (STC) to modify Special conditions are initially Airplane Directorate at the above Raytheon Aircraft Company Models applicable to the model for which they address. Comments must be marked: MU–300–10 (Diamond II) and 400 are issued. Should ARINC Inc. apply at Docket No. NM291. Comments may be (Beechjet) airplanes. The Raytheon a later date for supplemental type inspected in the Rules Docket airplanes are small transport category certificate to modify any other model weekdays, except Federal holidays, airplanes powered by two turbojet included on the same type certificate to between 7:30 a.m. and 4 p.m. engines, with maximum takeoff weights incorporate the same novel or unusual FOR FURTHER INFORMATION CONTACT: Greg of up to 15,780 pounds. These airplanes design feature, these special conditions Dunn, FAA, Airplane and Flight Crew operate with a 2-pilot crew and can seat would also apply to the other model Interface Branch, ANM–111, Transport up to 9 passengers. The proposed under the provisions of § 21.101.

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Novel or Unusual Design Features following table for the frequency ranges impracticable, and good cause exists for The modified Model MU–300–10 and indicated. Both peak and average field adopting these special conditions 400 airplanes will incorporate avionics/ strength components from the table are immediately. The FAA is requesting electrical systems that will perform to be demonstrated. comments to allow interested persons to critical functions. These systems may be submit views that may not have been Field strength vulnerable to HIRF external to the (volts per meter) submitted in response to the prior airplane. Frequency opportunities for comment described Peak Average above. Discussion There is no specific regulation that 10 kHz–100 kHz ...... 50 50 List of Subjects in 14 CFR Part 25 addresses protection requirements for 100 kHz–500 kHz ...... 50 50 Aircraft, Aviation safety, Reporting electrical and electronic systems from 500kHz–2 MHz ...... 50 50 HIRF. Increased power levels from 2MHz–30 MHz ...... 100 100 and recordkeeping requirements. 30 MHz–70 MHz ...... 50 50 ground-based radio transmitters and the 70 MHz–100 MHz ...... 50 50 The authority citation for these growing use of sensitive avionics/ 100 MHz–200 MHz ...... 100 100 special conditions is as follows: electrical and electronic systems to 200 MHz–400 MHz ...... 100 100 Authority: 49 U.S.C. 106(g), 40113, 44701, command and control airplanes have 400 MHz–700 MHz ...... 700 50 44702, 44704. made it necessary to provide adequate 700 MHz–1 GHz ...... 700 100 protection. 1 GHz–2 GHz ...... 2000 200 The Special Conditions To ensure that a level of safety is 2 GHz–4 GHz ...... 3000 200 achieved equivalent to that intended by 4GHz–6 GHz ...... 3000 200 Accordingly, pursuant to the the regulations incorporated by 6GHz–8 GHz ...... 1000 200 authority delegated to me by the reference, special conditions are needed 8GHz–12 GHz ...... 3000 300 12 GHz–18 GHz ...... 2000 200 Administrator, the following special for the Model MU–300–10 and 400 18 GHz–40 GHZ ...... 600 200 conditions are issued as part of the airplanes. These special conditions supplemental type certification basis for require that new avionics/electronics The field strengths are expressed in terms Raytheon Aircraft Company Model MU– and electrical systems that perform of peak of the root-mean-square (rms) over the complete modulation period. 300–10 and 400 airplanes modified by critical functions be designed and ARINC Inc. installed to preclude component The threat levels identified above are damage and interruption of function the result of an FAA review of existing 1. Protection from Unwanted Effects due to both the direct and indirect studies on the subject of HIRF, in light of High-Intensity Radiated Fields effects of HIRF. of the ongoing work of the (HIRF). Each electrical and electronic Electromagnetic Effects Harmonization system that performs critical functions High-Intensity Radiated Fields (HIRF) Working Group of the Aviation must be designed and installed to With the trend toward increased Rulemaking Advisory Committee. ensure that the operation and power levels from ground-based Applicability operational capability of these systems transmitters, plus the advent of space to perform critical functions are not and satellite communications, coupled As discussed above, these special adversely affected when the airplane is with electronic command and control of conditions are applicable to the exposed to high intensity radiated the airplane, the immunity of critical Raytheon Aircraft Company Model MU– fields. digital avionics/electronics and 300–10 and 400 airplanes. Should electrical systems to HIRF must be ARINC Inc. apply at a later date for a 2. For the purpose of these special established. change to the type certificate to include conditions, the following definition It is not possible to precisely define another model incorporating the same applies: Critical Functions: Functions the HIRF to which the airplane will be novel or unusual design feature, these whose failure would contribute to or exposed in service. There is also special conditions would apply to that cause a failure condition that would uncertainty concerning the effectiveness model as well under the provisions of prevent the continued safe flight and of airframe shielding for HIRF. 14 CFR 21.101. landing of the airplane. Furthermore, coupling of Conclusion Issued in Renton, Washington, on October electromagnetic energy to cockpit- 1, 2004. This action affects only certain novel installed equipment through the cockpit Kalene C. Yanamura, window apertures is undefined. Based or unusual design features on the on surveys and analysis of existing HIRF Raytheon Aircraft Company Model MU– Acting Manager, Transport Airplane emitters, an adequate level of protection 300–10 and 400 airplanes. It is not a Directorate, Aircraft Certification Service. exists when compliance is shown with rule of general applicability and affects [FR Doc. 04–22946 Filed 10–12–04; 8:45 am] either HIRF protection special condition only the applicant who applied to the BILLING CODE 4910–13–P paragraph 1 or 2 below: FAA for approval of these features on 1. A minimum threat of 100 volts rms the airplanes. (root-mean-square) per meter electric The substance of the special field strength from 10 KHz to 18 GHz. conditions for these airplanes has been a. The threat must be applied to the subjected to the notice and comment system elements and their associated procedure in several prior instances and wiring harnesses without the benefit of has been derived without substantive airframe shielding. change from those previously issued. b. Demonstration of this level of Because a delay would significantly protection is established through system affect the certification of the airplane, tests and analysis. which is imminent, the FAA has 2. A threat external to the airframe of determined that prior public notice and the field strengths indicated in the comment are unnecessary and

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DEPARTMENT OF TRANSPORTATION 98055–4056; telephone (425) 227–2125; described previously. The FAA has fax (425) 227–1149. determined that these changes will Federal Aviation Administration SUPPLEMENTARY INFORMATION: A neither increase the economic burden proposal to amend part 39 of the Federal on any operator nor increase the scope 14 CFR Part 39 Aviation Regulations (14 CFR part 39) to of the AD. include an airworthiness directive (AD) [Docket No. 2003–NM–13–AD; Amendment Interim Action 39–13817; AD 2004–20–12] that is applicable to all Airbus Model A300 B2 and A300 B4; Model A300 B4– RIN 2120–AA64 We consider this AD interim action. If 600, B4–600R, C4–605R Variant F, and final action is later identified, we may Airworthiness Directives; Airbus Model F4–600R (collectively called A300–600); consider further rulemaking then. A300 B2 and B4 Series Airplanes; and Model A310 series airplanes; was Model A300 B4–600, A300 B4–600R, published in the Federal Register on Cost Impact May 7, 2004 (69 FR 25511). That action A300 F4–600R Series Airplanes, and We estimate that 174 airplanes of U.S. A300 C4–605R Variant F Airplanes proposed to require a detailed inspection of certain pulleys and control registry will be affected by this AD, and (Collectively Called A300–600); and that it will take approximately 1 work Model A310 Series Airplanes cables in the rear fuselage for corrosion and damage; and corrective action, if hour per airplane to accomplish the AGENCY: Federal Aviation necessary. required inspection. The average labor Administration, DOT. rate is $65 per work hour. Based on Comments ACTION: Final rule. these figures, the cost impact of this AD Interested persons have been afforded on U.S. operators is estimated to be SUMMARY: This amendment adopts a an opportunity to participate in the $11,310, or $65 per airplane. new airworthiness directive (AD), making of this amendment. Due The cost impact figure discussed applicable to all Airbus Model A300 B2 consideration has been given to the above is based on assumptions that no and B4 series airplanes; Model A300 single comment received. operator has yet accomplished any of B4–600, A300 B4–600R, A300 F4–600R the requirements of this AD action, and series airplanes, and A300 C4–605R Request To Give Credit for Actions that no operator would accomplish Variant F airplanes (collectively called Done Previously those actions in the future if this AD A300–600); and Model A310 series One commenter requests that we were not adopted. The cost impact airplanes. This amendment requires a revise the proposed AD to give credit for figures discussed in AD rulemaking detailed inspection of certain pulleys actions done previously according to the actions represent only the time and control cables in the rear fuselage original issue of Airbus Service Bulletin necessary to perform the specific actions for corrosion and damage; and A300–27A0197, including Appendix 01, corrective action, if necessary. This dated August 8, 2002. (The proposed actually required by the AD. These action is necessary to detect and correct AD refers to Airbus Service Bulletin figures typically do not include frayed or corroded control cables for the A300–27A0197, Revision 01, including incidental costs, such as the time elevator and rudder, which could result Appendix 01, dated February 26, 2003; required to gain access and close up, in a ruptured control cable, and possible as the appropriate source of service planning time, or time necessitated by reduced controllability of the airplane. information for doing the proposed other administrative actions. This action is intended to address the actions on Model A300 B2 and A300 B4 Regulatory Impact identified unsafe condition. series airplanes.) The commenter notes DATES: Effective November 17, 2004. that the Accomplishment Instructions in The regulations adopted herein will The incorporation by reference of Revision 01 of the service bulletin are not have a substantial direct effect on certain publications listed in the unchanged from those in the original the States, on the relationship between regulations is approved by the Director issue of the service bulletin. the national Government and the States, of the Federal Register as of November We concur. We have reviewed the or on the distribution of power and 17, 2004. original issue of Airbus Service Bulletin responsibilities among the various ADDRESSES: The service information A300–27A0197 and concur that the levels of government. Therefore, it is referenced in this AD may be obtained Accomplishment Instructions are the determined that this final rule does not from Airbus, 1 Rond Point Maurice same as those in Revision 01. We have have federalism implications under Bellonte, 31707 Blagnac Cedex, France. added a new paragraph (c) to this final Executive Order 13132. This information may be examined at rule (and re-identified subsequent For the reasons discussed above, I the Federal Aviation Administration paragraphs accordingly) to give credit certify that this action (1) is not a for actions done per the original issue of (FAA), Transport Airplane Directorate, ‘‘significant regulatory action’’ under Airbus Service Bulletin A300–27A0197. Rules Docket, 1601 Lind Avenue, SW., Executive Order 12866; (2) is not a Renton, Washington; or at the National Explanation of Additional Change ‘‘significant rule’’ under DOT Archives and Records Administration We have revised the applicability Regulatory Policies and Procedures (44 (NARA). For information on the statement of this final rule to identify FR 11034, February 26, 1979); and (3) availability of this material at NARA, model designations as published in the will not have a significant economic call (202) 741–6030, or go to: http:// impact, positive or negative, on a _ most recent type certificate data sheet www.archives.gov/federal register/ substantial number of small entities _ _ _ for the affected models. code of federal regulations/ under the criteria of the Regulatory _ ibr locations.html. Conclusion Flexibility Act. A final evaluation has FOR FURTHER INFORMATION CONTACT: Dan After careful review of the available been prepared for this action and it is Rodina, Aerospace Engineer, data, including the comment noted contained in the Rules Docket. A copy International Branch, ANM–116, FAA, above, the FAA has determined that air of it may be obtained from the Rules Transport Airplane Directorate, 1601 safety and the public interest require the Docket at the location provided under Lind Avenue, SW., Renton, Washington adoption of the rule with the changes the caption ADDRESSES.

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List of Subjects in 14 CFR Part 39 Inspection and Corrective Action magnifying lenses, etc., may be used. Surface (d) At the applicable time in paragraph cleaning and elaborate access procedures Air transportation, Aircraft, Aviation (d)(1), (d)(2), (d)(3), or (d)(4) of this AD, do may be required.’’ safety, Incorporation by reference, a detailed inspection for corrosion and Reporting Safety. damage (e.g., frayed or broken wires) of the pulleys and cables of the rudder, elevator, (e) Submit a report of the findings (both Adoption of the Amendment trimmable horizontal stabilizer, and rudder positive and negative) of the inspection trim control located at the rear of the required by paragraph (d) of this AD to I Accordingly, pursuant to the authority fuselage; including any applicable testing Airbus, Customer Services Directorate, 1 delegated to me by the Administrator, and lubrication following the inspection. If Rond Point Maurice Bellonte, 31707 Blagnac the Federal Aviation Administration any corrosion or damage is found that is Cedex, France; Attn: AI/SE–D32 Technical amends part 39 of the Federal Aviation outside the limits specified in the service Data and Documentation Services, or fax: Regulations (14 CFR part 39) as follows: bulletin, prior to further flight, replace the (+33) 5 61 93 28 06. Send the report at the affected cable with a new cable; including applicable time specified in paragraph (e)(1) PART 39—AIRWORTHINESS any applicable testing and lubrication or (e)(2) of this AD. The Inspection Record DIRECTIVES following the replacement. Accomplish all Sheet in Appendix 01 of the applicable the actions in accordance with the applicable service bulletin may be used. Include the service bulletin. I 1. The authority citation for part 39 inspection results, a description of any (1) For airplanes that have accumulated, as discrepancy found, the airplane serial continues to read as follows: of the effective date of this AD, less than number, the number of landings and flight Authority: 49 U.S.C. 106(g), 40113, 44701. 20,000 total flight hours and less than 10 hours on the airplane, the service bulletin years since the date of airworthiness number, and the date of inspection. Under § 39.13 [Amended] certification: Inspect at the later of the times the provisions of the Paperwork Reduction specified in paragraphs (d)(1)(i) and (d)(1)(ii) Act of 1980 (44 U.S.C. 3501 et seq.), the I 2. Section 39.13 is amended by adding of this AD. Office of Management and Budget (OMB) has the following new airworthiness (i) Prior to the accumulation of 20,000 total approved the information collection directive: flight hours, or within 10 years since the date requirements contained in this AD and has of airworthiness certification, whichever assigned OMB Control Number 2120–0056. 2004–20–12 Airbus: Amendment 39–13817. occurs earliest. Docket 2003–NM–13–AD. (1) If the inspection is done after the (ii) Within 1,800 flight hours after the effective date of this AD: Submit the report Applicability: All Model A300 B2 and B4 effective date of this AD. within 60 days after the inspection. series airplanes; Model A300 B4–600, A300 (2) For airplanes that have accumulated, as (2) If the inspection was done prior to the B4–600R, A300 F4–600R series airplanes, of the effective date of this AD, either 20,000 effective date of this AD: Submit the report and A300 C4–605R Variant F airplanes or more total flight hours or more than 10 within 60 days after the effective date of this (collectively called A300–600); and Model years since the date of airworthiness AD. A310 series airplanes; certificated in any certification, but less than 25,000 total flight category. hours and 13 years since the date of Alternative Methods of Compliance Compliance: Required as indicated, unless airworthiness certification: Inspect at the (f) In accordance with 14 CFR 39.19, the accomplished previously. later of the times specified in paragraphs Manager, International Branch, ANM–116, To detect and correct frayed or corroded (d)(2)(i) and (d)(2)(ii) of this AD. FAA, Transport Airplane Directorate, is control cables for the elevator and rudder, (i) Prior to the accumulation of 25,000 total authorized to approve alternative methods of which could result in a ruptured control flight hours, or within 13 years since the date compliance for this AD. cable, and possible reduced controllability of of airworthiness certification, whichever the airplane, accomplish the following: occurs earliest. Incorporation by Reference (ii) Within 1,800 flight hours after the (g) Unless otherwise specified in this AD, Definitions effective date of this AD. the actions must be done in accordance with (a) The term ‘‘service bulletin,’’ as used in (3) For airplanes that have accumulated, as this AD, means the Accomplishment of the effective date of this AD, either 25,000 Airbus Service Bulletin A300–27A0197, Instructions of the following service or more total flight hours or more than 13 Revision 01, including Appendix 01, dated bulletins, as applicable: years since the date of airworthiness February 26, 2003; Airbus Service Bulletin (1) For Model A300 B2 and A300 B4 series certification, but less than 30,000 total flight A300–27A6051, including Appendix 01, airplanes: Airbus Service Bulletin A300– hours and 16 years since the date of dated August 8, 2002; and Airbus Service 27A0197, Revision 01, including Appendix airworthiness certification: Inspect at the Bulletin A310–27A2098, including Appendix 01, dated February 26, 2003; later of the times specified in paragraphs 01, dated August 8, 2002; as applicable. This (2) For Model A300 B4–600, A300 B4– (d)(3)(i) and (d)(3)(ii) of this AD. incorporation by reference was approved by 600R, A300 F4–600R series airplanes; and (i) Prior to the accumulation of 30,000 total the Director of the Federal Register in A300 C4–605R Variant F airplanes flight hours, or within 16 years since the date accordance with 5 U.S.C. 552(a) and 1 CFR (collectively called A300–600): Airbus of airworthiness certification, whichever part 51. Copies may be obtained from Airbus, Service Bulletin A300–27A6051, including occurs earliest. 1 Rond Point Maurice Bellonte, 31707 Appendix 01, dated August 8, 2002; and (ii) Within 1,200 flight hours after the Blagnac Cedex, France. Copies may be (3) For Model A310 series airplanes: effective date of this AD. inspected at the FAA, Transport Airplane Airbus Service Bulletin A310–27A2098, (4) For airplanes that have accumulated, as Directorate, 1601 Lind Avenue, SW., Renton, including Appendix 01, dated August 8, of the effective date of this AD, either 30,000 Washington; or at the National Archives and 2002. or more total flight hours or more than 16 Records Administration (NARA). For (b) In this AD, the phrase ‘‘date of years since the date of airworthiness information on the availability of this certification: Inspect within 600 flight hours material at NARA, call (202) 741–6030, or go airworthiness certification’’ means the date of _ issuance of the original Airworthiness after the effective date of this AD. to: http://www.archives.gov/federal register/ code_of_federal_regulations/ Certificate or the original Export Certificate of Note 1: For the purposes of this AD, a _ Airworthiness, whichever occurs first. detailed inspection is defined as: ‘‘An ibr locations.html. (c) For Model A300 B2 and A300 B4 series intensive visual examination of a specific Note 2: The subject of this AD is addressed airplanes: Actions accomplished before the structural area, system, installation, or in French airworthiness directive 2002– effective date of this AD according to Airbus assembly to detect damage, failure, or 608(B) R1, dated January 8, 2003. Service Bulletin A300–27A0197, including irregularity. Available lighting is normally Appendix 01, dated August 8, 2002; are supplemented with a direct source of good Effective Date acceptable for compliance with the lighting at intensity deemed appropriate by (h) This amendment becomes effective on corresponding actions required by this AD. the inspector. Inspection aids such as mirror, November 17, 2004.

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Issued in Renton, Washington, on availability of this material at NARA, Explanation of Change to Applicability September 29, 2004. call (202) 741–6030, or go to: http:// We have revised the applicability of Kalene C. Yanamura, www.archives.gov/federal_register/ the existing AD to identify model Acting Manager, Transport Airplane code_of_federal_regulations/ designations as published in the most Directorate, Aircraft Certification Service. ibr_locations.html. recent type certificate data sheet for the [FR Doc. 04–22470 Filed 10–12–04; 8:45 am] You can examine the contents of this affected models. BILLING CODE 4910–13–P AD docket on the Internet at http:// dms.dot.gov, or at the Docket Costs of Compliance Management Facility, U.S. Department DEPARTMENT OF TRANSPORTATION This AD will affect about 120 of Transportation, 400 Seventh Street, airplanes of U.S. registry. The actions Federal Aviation Administration SW., room PL–401, on the plaza level of will take about 3 work hours per the Nassif Building, Washington, DC. airplane, at an average labor rate of $65 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: per work hour. Based on these figures, the estimated cost of the AD for U.S. [Docket No. FAA–2004–18602; Directorate Technical information: Tim Backman, Aerospace Engineer, International operators is $23,400, or $195 per Identifier 2003–NM–160–AD; Amendment airplane. 39–13816; AD 2004–20–11] Branch, ANM–116, FAA, Transport Airplane Directorate, 1601 Lind Regulatory Findings RIN 2120–AA64 Avenue, SW., Renton, Washington We have determined that this AD will Airworthiness Directives; Airbus Model 98055–4056; telephone (425) 227–2797; fax (425) 227–1149. not have federalism implications under A300 B2 and B4 Series Airplanes; and Executive Order 13132. This AD will Model A300 B4–600, B4–600R, and F4– Plain language information: Marcia not have a substantial direct effect on 600R Series Airplanes, and Model C4– Walters, [email protected]. the States, on the relationship between 605R Variant F Airplanes (Collectively Examining the Docket the national government and the States, Called A300–600) or on the distribution of power and The AD docket contains the proposed AGENCY: responsibilities among the various Federal Aviation AD, comments, and any final Administration (FAA), DOT. levels of government. disposition. You can examine the AD For the reasons discussed above, I ACTION: Final rule. docket on the Internet at http:// certify that this AD: dms.dot.gov, or in person at the Docket SUMMARY: The FAA is adopting a new (1) Is not a ‘‘significant regulatory Management Facility office between 9 airworthiness directive (AD) for all action’’ under Executive Order 12866; a.m. and 5 p.m., Monday through Airbus Model A300 B2 and B4 series Friday, except Federal holidays. The (2) Is not a ‘‘significant rule’’ under airplanes; and certain Airbus Model Docket Management Facility office DOT Regulatory Policies and Procedures A300 B4–600, B4–600R, and F4–600R (telephone (800) 647–5227) is located on (44 FR 11034, February 26, 1979); and series airplanes; and Model C4–605R the plaza level of the Nassif Building at (3) Will not have a significant Variant F airplanes (collectively called the DOT street address stated in the economic impact, positive or negative, A300–600). This AD requires an ADDRESSES section. on a substantial number of small entities inspection of the skin panels of the wing under the criteria of the Regulatory slats for damage and certain repairs, and SUPPLEMENTARY INFORMATION: The FAA Flexibility Act. applicable related investigative/ proposed to amend 14 CFR part 39 with We prepared a regulatory evaluation corrective actions if necessary. This AD an AD for all Airbus Model A300 B2 of the estimated costs to comply with is prompted by the results of an and B4 series airplanes; and certain this AD. See the ADDRESSES section for engineering evaluation that revealed Airbus Model A300 B4–600, B4–600R, a location to examine the regulatory that several repairs and some allowable C4–605R Variant F, and F4–600R evaluation. damage limits specified in the structural (collectively called A300–600) series repair manuals do not provide adequate airplanes. The proposed AD was List of Subjects in 14 CFR Part 39 static and/or fatigue strength for published in the Federal Register on Air transportation, Aircraft, Aviation repaired wing slats. We are issuing this July 15, 2004 (69 FR 42368), to require safety, Incorporation by reference, AD to find and fix previously done an inspection of the skin panels of the Safety. repairs of the wing slats that have wing slats for damage and certain inadequate static and/or fatigue repairs, and applicable related Adoption of the Amendment strength, which, if not corrected, could investigative/corrective actions if I Accordingly, under the authority result in loss of the slats and consequent necessary. delegated to me by the Administrator, reduced controllability of the airplane. Comments the FAA amends 14 CFR part 39 as DATES: This AD becomes effective follows: November 17, 2004. We provided the public the The incorporation by reference of opportunity to participate in the PART 39—AIRWORTHINESS certain publications listed in the AD is development of this AD. No comments DIRECTIVES approved by the Director of the Federal have been submitted on the proposed Register as of November 17, 2004. AD or on the determination of the cost I 1. The authority citation for part 39 ADDRESSES: For service information to the public. continues to read as follows: identified in this AD, contact Airbus, 1 Conclusion Authority: 49 U.S.C. 106(g), 40113, 44701. Rond Point Maurice Bellonte, 31707 § 39.13 [Amended] Blagnac Cedex, France. You can We have carefully reviewed the examine this information at the National available data and determined that air I 2. The FAA amends § 39.13 by adding Archives and Records Administration safety and the public interest require the following new airworthiness (NARA). For information on the adopting the AD as proposed. directive:

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2004–20–11 Airbus: Amendment 39–13816. TABLE 1.—APPLICABILITY static and/or fatigue strength for repaired Docket No. FAA–2004–18602; wing slats. We are issuing this AD to find and Directorate Identifier 2003–NM–160–AD. Model Serial nos. fix previously done repairs of the wing slats that have inadequate static and/or fatigue Effective Date A300 B2 and B4 series air- All. strength, which, if not corrected, could result (a) This airworthiness directive (AD) planes. in loss of the slats and consequent reduced becomes effective November 17, 2004. A300 B4–600, B4–600R, 796 and ear- controllability of the airplane. and F4–600R series air- lier. Affected ADs planes, and Model C4– Compliance (b) None. 605R Variant F airplanes (e) You are responsible for having the (collectively called A300– actions required by this AD performed within Applicability 600). the compliance times specified, unless the (c) This AD applies to all airplanes, actions have already been done. certificated in any category, as identified in Unsafe Condition Service Bulletins in Table 1 of this AD. (d) This AD was prompted by the results of an engineering evaluation that revealed (f) The term ‘‘service bulletin,’’ as used in that several repairs and some allowable this AD, means the Accomplishment damage limits specified in the structural Instructions of the applicable service bulletin repair manuals do not provide adequate listed in Table 2 of this AD.

TABLE 2.—SERVICE BULLETINS

For model Airbus service bulletin

(1) A300 B4–600, B4–600R, and F4–600R series airplanes, and Model A300–57–6092, Revision 02, dated November 21, 2002. C4–605R Variant F airplanes (collectively called A300–600). (2) A300 B2 and B4 series airplanes ...... A300–57–0238, Revision 02, dated November 21, 2002.

Inspection and Related Investigative/ further flight, do the applicable related Issued in Renton, Washington, on Corrective Actions investigative/corrective actions required by September 29, 2004. (g) Within 18 months or 1,500 flight cycles paragraph (g) of this AD. Kalene C. Yanamura, from the effective date of this AD, whichever (j) Where there are differences between this Acting Manager, Transport Airplane occurs first: Do a detailed inspection of the AD and the service bulletin, the AD prevails. Directorate, Aircraft Certification Service. skin panels of the wing slats for damage and [FR Doc. 04–22469 Filed 10–12–04; 8:45 am] certain repairs, and do all applicable related Alternative Methods of Compliance investigative/corrective actions, by (AMOCs) BILLING CODE 4910–13–P accomplishing all the actions in the (k) The Manager, International Branch, applicable service bulletin. Do the actions in ANM–116, has the authority to approve DEPARTMENT OF TRANSPORTATION accordance with the service bulletin, except AMOCs for this AD, if requested using the as required by paragraphs (h) and (i) of this procedures found in 14 CFR 39.19. AD. Do any related investigative/corrective Federal Aviation Administration action before further flight. Related Information 14 CFR Part 39 Note 1: For the purposes of this AD, a (l) French airworthiness directive 2003– detailed inspection is ‘‘an intensive visual 086(B), effective March 15, 2003, also examination of a specific structural area, [Docket No. 2003–NM–85–AD; Amendment addresses the subject of this AD. system, installation, or assembly to detect 39–13818; AD 2004–20–13] damage, failure, or irregularity. Available Material Incorporated by Reference lighting is normally supplemented with a RIN 2120–AA64 direct source of good lighting at intensity (m) You must use Airbus Service Bulletin A300–57–0238, Revision 02, dated November deemed appropriate by the inspector. Airworthiness Directives; Empresa Inspection aids such as mirror, magnifying 21, 2002; or Airbus Service Bulletin A300– 57–6092, Revision 02, dated November 21, Brasileira de Aeronautica S.A. lenses, etc., may be used. Surface cleaning (EMBRAER) Model EMB–135 and and elaborate access procedures may be 2002; as applicable; unless the AD specifies required.’’ otherwise. The Director of the Federal EMB–145 Series Airplanes Register approves the incorporation by Repair AGENCY: Federal Aviation reference of these documents in accordance Administration, DOT. (h) If any damage is detected during the with 5 U.S.C. 552(a) and 1 CFR part 51. For ACTION: Final rule. inspection required by paragraph (g) of this copies of the service information, contact AD, and the service bulletin recommends Airbus, 1 Rond Point Maurice Bellonte, SUMMARY: This amendment adopts a contacting Airbus for appropriate action: 31707 Blagnac Cedex, France. For Before further flight, repair in accordance new airworthiness directive (AD), information on the availability of this with a method approved by either the applicable to certain EMBRAER Model Manager, International Branch, ANM–116, material at the National Archives and EMB–135 and EMB–145 series FAA, Transport Airplane Directorate; or the Records Administration (NARA), call (202) airplanes, that requires inspection of the Direction Ge´ne´rale de l’Aviation Civile 741–6030, or go to http://www.archives.gov/ housings of the main landing gear (DGAC) (or its delegated agent). federal_register/code_of_federal_regulations/ _ (MLG) leg strut bushings, and related (i) If any repair that has a specific Airbus ibr locations.html. You may view the AD investigative and corrective actions, and approval other than a Repair Approval Sheet docket at the Docket Management Facility, signed by the DGAC (or its delegated agent) other specified actions. The actions U.S. Department of Transportation, 400 specified by this AD are intended to is found during the inspection required by Seventh Street SW., room PL–401, Nassif prevent corrosion of the housings of the paragraph (g) of this AD, and the service Building, Washington, DC. bulletin specifies that the related MLG leg strut bushings and consequent investigative action is not necessary: Before failure of the MLG. This action is

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intended to address the identified inspection of the bushing housings for Authority: 49 U.S.C. 106(g), 40113, 44701. unsafe condition. corrosion, at an average labor rate of $65 § 39.13 [Amended] DATES: Effective November 17, 2004. per work hour. Based on these figures, The incorporation by reference of a the cost impact of the inspection on U.S. I 2. Section 39.13 is amended by adding certain publication listed in the operators is estimated to be $68,250, or the following new airworthiness regulations is approved by the Director $910 per airplane. directive: of the Federal Register as of November The cost impact figure discussed 2004–20–13 Empresa Brasileira de 17, 2004. above is based on assumptions that no Aeronautica S.A. (EMBRAER): ADDRESSES: The service information operator has yet accomplished any of Amendment 39–13818. Docket 2003– referenced in this AD may be obtained the requirements of this AD action, and NM–85–AD. from Empresa Brasileira de Aeronautica that no operator would accomplish Applicability: Model EMB–135 and EMB– S.A. (EMBRAER), P.O. Box 343—CEP those actions in the future if this AD 145 series airplanes, certificated in any category, equipped with a main landing gear 12.225, Sao Jose dos Campos—SP, were not adopted. The cost impact figures discussed in AD rulemaking (MLG) leg strut having a part number (P/N) Brazil. This information may be and serial number (S/N) listed in the table examined at the Federal Aviation actions represent only the time under the heading ‘‘Affected component’’ in Administration (FAA), Transport necessary to perform the specific actions paragraph 1.B., ‘‘Effectivity,’’ of EMBRAER Airplane Directorate, Rules Docket, actually required by the AD. These Service Bulletin 145–32–0066, Change 03, 1601 Lind Avenue, SW., Renton, figures typically do not include dated April 19, 2004. Washington; or at the National Archives incidental costs, such as the time Compliance: Required as indicated, unless and Records Administration (NARA). required to gain access and close up, accomplished previously. For information on the availability of planning time, or time necessitated by To prevent corrosion of the housings of the other administrative actions. main landing gear (MLG) leg strut bushings this material at NARA, call (202) 741– and consequent failure of the MLG, 6030, or go to: http://www.archives.gov/ Regulatory Impact accomplish the following: federal_register/ code_of_federal_regulations/ The regulations adopted herein will Inspection and Investigative and Corrective ibr_locations.html. not have a substantial direct effect on Actions the States, on the relationship between (a) Within 5,500 flight hours after the FOR FURTHER INFORMATION CONTACT: Dan the national Government and the States, effective date of this AD, perform a detailed Rodina, Aerospace Engineer; or on the distribution of power and inspection of the housings of the MLG leg International Branch, ANM–116, FAA, responsibilities among the various strut bushings for corrosion per the Transport Airplane Directorate, 1601 levels of government. Therefore, it is Accomplishment Instructions of EMBRAER Lind Avenue, SW., Renton, Washington determined that this final rule does not Service Bulletin 145–32–0066, Change 03, 98055–4056; telephone (425) 227–2125; have federalism implications under dated April 19, 2004. fax (425) 227–1149. (1) If no corrosion is found, before further Executive Order 13132. flight, do all applicable actions in and per the SUPPLEMENTARY INFORMATION: A For the reasons discussed above, I Accomplishment Instructions of the service proposal to amend part 39 of the Federal certify that this action (1) is not a bulletin. Aviation Regulations (14 CFR part 39) to ‘‘significant regulatory action’’ under (2) If any corrosion is found, before further include an airworthiness directive (AD) Executive Order 12866; (2) is not a flight, do all applicable investigative and that is applicable to certain EMBRAER ‘‘significant rule’’ under DOT corrective actions in and per the Model EMB–135 and EMB–145 series Regulatory Policies and Procedures (44 Accomplishment Instructions of the service airplanes was published as a FR 11034, February 26, 1979); and (3) bulletin. supplemental notice of proposed will not have a significant economic Note 1: For the purposes of this AD, a rulemaking (NPRM) in the Federal impact, positive or negative, on a detailed inspection is defined as: ‘‘An Register on July 22, 2004 (69 FR 43777). substantial number of small entities intensive visual examination of a specific That action proposed to require structural area, system, installation, or under the criteria of the Regulatory assembly to detect damage, failure, or inspection of the housings of the main Flexibility Act. A final evaluation has irregularity. Available lighting is normally landing gear (MLG) leg strut bushings, been prepared for this action and it is supplemented with a direct source of good related investigative and corrective contained in the Rules Docket. A copy lighting at intensity deemed appropriate by actions, and other specified actions. of it may be obtained from the Rules the inspector. Inspection aids such as mirror, magnifying lenses, etc., may be used. Surface Comments Docket at the location provided under the caption ADDRESSES. cleaning and elaborate access procedures Interested persons have been afforded may be required.’’ List of Subjects in 14 CFR Part 39 an opportunity to participate in the Note 2: EMBRAER Service Bulletin 145– making of this amendment. No Air transportation, Aircraft, Aviation 32–0066, Change 03, dated April 19, 2004, comments were submitted in response safety, Incorporation by reference, refers to Embraer Liebherr Equipamentos do to the proposal or the FAA’s Safety. Brasil S.A. (ELEB) Service Bulletin 2309– determination of the cost to the public. 2006–32–01, Revision 03, dated April 19, Adoption of the Amendment 2004, as an additional source of service Conclusion information for the inspection and repair of I Accordingly, pursuant to the authority the MLG leg strut bushings. The ELEB service The FAA has determined that air delegated to me by the Administrator, safety and the public interest require the bulletin is included within the EMBRAER the Federal Aviation Administration service bulletin. adoption of the rule as proposed. amends part 39 of the Federal Aviation Cost Impact Regulations (14 CFR part 39) as follows: Inspections Accomplished per Previous Issue of Service Bulletin We estimate that 75 airplanes of U.S. PART 39—AIRWORTHINESS (b) Inspections and related investigative registry will be affected by this DIRECTIVES and corrective actions, accomplished before proposed AD. the effective date of this AD per EMBRAER It will take approximately 14 work I 1. The authority citation for part 39 Service Bulletin 145–32–0066, dated January hours per airplane to accomplish the continues to read as follows: 8, 2002; Change 01, dated August 15, 2002;

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or Change 02, dated February 26, 2004; are of the engine with re-designed units, replacement of certain de-icing boots in considered acceptable for compliance with repetitive inspections of the boots to the air intake duct assemblies of the the corresponding action specified in this find discrepancies, and corrective action engine with re-designed units, and AD. if necessary. This amendment also repetitive inspections of the boots to Alternative Methods of Compliance requires modification of the engine air find discrepancies, and corrective action (c) In accordance with 14 CFR 39.19, the inlet de-icing system. This action if necessary. The action also would Manager, International Branch, ANM–116, extends the repetitive inspection require modification of the engine air Transport Airplane Directorate, FAA, is interval required by the existing AD, inlet de-icing system, and would add a authorized to approve alternative methods of and adds repetitive debonding/ new AFM revision which changes the compliance for this AD. delamination and leakage inspections of compliance time for the functional test Incorporation by Reference the de-icing boots, and corrective action required by the existing AD. The (d) Unless otherwise specified in this AD, if necessary. Initiation of the extended proposed action would extend the the actions must be done in accordance with repetitive inspections and new repetitive inspection interval required EMBRAER Service Bulletin 145–32–0066, repetitive inspections ends the by the existing AD, and would add Change 03, dated April 19, 2004. This repetitive inspections required by the repetitive debonding/delamination and incorporation by reference was approved by existing AD. The actions specified by leakage inspections of the de-icing the Director of the Federal Register in this AD are intended to prevent engine boots, and corrective action if necessary. accordance with 5 U.S.C. 552(a) and 1 CFR malfunction due to failure of the engine Initiation of the extended repetitive part 51. Copies may be obtained from air inlet de-icing system, which could inspections and new repetitive Empresa Brasileira de Aeronautica S.A. result in reduced controllability of the inspections would end the repetitive (EMBRAER), P.O. Box 343—CEP 12.225, Sao airplane. This action is intended to Jose dos Campos—SP, Brazil. Copies may be inspections required by the existing AD. address the identified unsafe condition. inspected at the FAA, Transport Airplane Comments Directorate, 1601 Lind Avenue, SW., Renton, DATES: Effective November 17, 2004. Washington; or at the National Archives and The incorporation by reference of We provided the public the Records Administration (NARA). For certain publications, as listed in the opportunity to participate in the information on the availability of this regulations, is approved by the Director development of this AD. No comments material at NARA, call (202) 741–6030, or go of the Federal Register as of November have been submitted in response to the to: http://www.archives.gov/federal_register/ 17, 2004. proposed AD or on the determination of code_of_federal_regulations/ The incorporation by reference of _ the cost to the public. ibr locations.html. certain other publications, as listed in Note 3: The subject of this AD is addressed the regulations, was approved Conclusion in Brazilian airworthiness directive 2002–12– previously by the Director of the Federal We have determined that air safety 01, effective January 6, 2003. Register as of April 6, 1995 (60 FR and the public interest require the Effective Date 15037, March 22, 1995). adoption of the AD as proposed. ADDRESSES: (e) This amendment becomes effective on The service information Clarification of Inspection November 17, 2004. referenced in this AD may be obtained from AvCraft Aerospace GmbH, P.O. We have updated the definition of the Issued in Renton, Washington, on Box 1103, D–82230 Wessling, Germany. detailed inspection in Note 1 of the AD September 30, 2004. This information may be examined at to reflect our current definition. Kevin M. Mullin, the Federal Aviation Administration Cost Impact Acting Manager, Transport Airplane (FAA), Transport Airplane Directorate, Directorate, Aircraft Certification Service. Rules Docket, 1601 Lind Avenue, SW., There are about 53 airplanes of U.S. [FR Doc. 04–22561 Filed 10–12–04; 8:45 am] Renton, Washington; or at the National registry that will be affected by this AD. The AFM revision currently required BILLING CODE 4910–13–P Archives and Records Administration (NARA). For information on the by AD 95–04–51 takes about 1 work availability of this material at NARA, hour per airplane to accomplish, at an DEPARTMENT OF TRANSPORTATION call (202) 741–6030, or go to: http:// average labor rate of $65 per work hour. www.archives.gov/federal_register/ Based on these figures, the cost impact Federal Aviation Administration code_of_federal_regulations/ of the currently required AFM revision ibr_locations.html. is estimated to be $65 per airplane. 14 CFR Part 39 The inspections currently required by FOR FURTHER INFORMATION CONTACT: Tom AD 95–04–51 take about 1 work hour [Docket No. 2002–NM–294–AD; Amendment Groves, Aerospace Engineer, 39–13820; AD 2004–20–15] per airplane to accomplish, at an International Branch, ANM–116, FAA, average labor rate of $65 per work hour. RIN 2120–AA64 Transport Airplane Directorate, 1601 Based on these figures, the cost impact Lind Avenue, SW., Renton, Washington of the currently required inspections is Airworthiness Directives; Dornier 98055–4056; telephone (425) 227–1503; estimated to be $65 per airplane, per Model 328–100 Series Airplanes fax (425) 227–1149. inspection cycle. AGENCY: Federal Aviation SUPPLEMENTARY INFORMATION: A The replacement currently required Administration, DOT. proposal to amend part 39 of the Federal by AD 95–04–51 takes about 5 work ACTION: Final rule. Aviation Regulations (14 CFR part 39) hours per airplane to accomplish, at an by superseding AD 95–04–51, average labor rate of $65 per work hour. SUMMARY: This amendment supersedes amendment 39–9179 (60 FR 15037, Required parts will cost about $55,000 an existing airworthiness directive (AD), March 22, 1995), which is applicable to per airplane. Based on these figures, the applicable to all Dornier Model 328–100 all Dornier Model 328–100 series cost impact of the currently required series airplanes, that currently requires airplanes, was published in the Federal replacement is estimated to be $55,325 certain revisions to the airplane flight Register on April 1, 2004 (69 FR 17097). per airplane. manual, replacement of certain de-icing The action proposed to continue to The modification required in this AD boots in the air intake duct assemblies require the revisions to the AFM, action will take about 10 work hours per

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airplane to accomplish, at an average Adoption of the Amendment –25: As of 24 hours after the effective date labor rate of $65 per work hour. of AD 95–04–51, accomplish the functional I Required parts will be free of charge. Accordingly, pursuant to the authority test prior to each flight. Based on these figures, the cost impact delegated to me by the Administrator, For airplanes equipped with air intake duct the Federal Aviation Administration assemblies having de-icing boots with P/Ns of the required modification on U.S. 29S–5D5240–211 (inlet lip), –231 (bypass operators is estimated to be $34,450, or amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: duct), and –251 (aft ramp duct): Accomplish $650 per airplane. the functional test within 24 hours after the The inspection/debonding/ PART 39—AIRWORTHINESS effective date of AD 95–04–51, and thereafter delamination and leakage inspection DIRECTIVES at daily intervals. Perform a functional test of the de-icing required in this AD action will take system of the air intake ducts of the left and about 1 work hour per airplane to I 1. The authority citation for part 39 continues to read as follows: right engines to determine the condition of accomplish, at an average labor rate of the system, in accordance with the $65 per work hour. Based on these Authority: 49 U.S.C. 106(g), 40113, 44701. procedures specified below. Flight crew or figures, the cost impact of the required maintenance personnel shall perform this inspection on U.S. operators is § 39.13 [Amended] test. estimated to be $3,445, or $65 per I 2. Section 39.13 is amended by Functional Test of the De-Icing System airplane, per inspection cycle. removing amendment 39–9179 (60 FR With engines running at idle power, The cost impact figures discussed 15037, March 22, 1995), and by adding display and monitor the ‘ICE PROTECT’ above are based on assumptions that no a new airworthiness directive (AD), system page of the electronic indication and operator has yet accomplished any of amendment 39–13820, to read as caution advisory system (EICAS), select left the requirements of this AD action, and follows: and right ‘ENGINE INTAKE’ pushbuttons in (‘ON’), for a minimum of 60 seconds. Monitor that no operator would accomplish 2004–20–15 Fairchild Dornier Gmbh system page for normal indications of one those actions in the future if this AD (Formerly Dornier Luftfahrt GmbH): complete boot inflation and deflation cycle. Amendment 39–13820. Docket 2002– were not adopted. The cost impact Monitor EICAS for normal messages, and NM–294–AD. Supersedes AD 95–04–51, figures discussed in AD rulemaking absence of ‘ENG DEICE FAIL’ caution. Amendment 39–9179. actions represent only the time After 60 seconds and observation of one necessary to perform the specific actions Applicability: All Model 328–100 series complete inflation/deflation cycle, release actually required by the AD. These airplanes, certificated in any category. ‘ENGINE INTAKE’ pushbuttons to out (‘OFF’) figures typically do not include Compliance: Required as indicated, unless position, confirm absence of system page and accomplished previously. incidental costs, such as the time EICAS cautions, and deselect ‘ICE PROTECT’ To prevent engine malfunction due to system page. At completion of check, required to gain access and close up, failure of the engine air inlet de-icing system, planning time, or time necessitated by ‘ENGINE INTAKE’ pushbuttons may be which could result in reduced controllability turned back on if required for departure. other administrative actions. of the airplane, accomplish the following: If any EICAS ‘ENG DEICE FAIL’ Regulatory Impact Restatement of Certain Requirements of AD annunciation is observed, or if system normal 95–04–01 inflate and deflate cycling is not observed: The regulations adopted herein will The system shall be considered inoperative. not have a substantial direct effect on AFM Revision Prior to further flight, the detailed visual and the States, on the relationship between (a) For all airplanes: Within 24 hours after tactile inspections required by paragraph (b) the national Government and the States, April 6, 1995 (the effective date of AD 95– of AD 95–04–51 must be accomplished. If no discrepancy with the de-icing boots or on the distribution of power and 04–51, amendment 39–9179), accomplish paragraphs (a)(1), (a)(2), and (a)(3) of this AD. is found during these inspections, the de- responsibilities among the various (1) Revise the Limitations Section of the icing system may be inoperative for a period levels of government. Therefore, it is FAA-approved Airplane Flight Manual of time not to exceed that specified in the determined that this final rule does not (AFM) by inserting the following limitation DO–328 Master Minimum Equipment List have federalism implications under in the AFM. This may be accomplished by (MMEL). Flight into known or forecast icing Executive Order 13132. inserting a copy of this AD in the AFM. conditions is prohibited.’’ For the reasons discussed above, I ‘‘During flight, if the ‘ENG DEICE FAIL’ Repetitive Inspections/Corrective Action electronic indication and caution advisory certify that this action (1) is not a system (EICAS) annunciation activates for (b) For airplanes equipped with air intake ‘‘significant regulatory action’’ under either engine, flight into known or forecast duct assemblies having de-icing boots with Executive Order 12866; (2) is not a icing conditions is prohibited.’’ part numbers ‘‘significant rule’’ under DOT (2) Revise the Abnormal Procedures (P/N) 29S–5D5240–21, –23, and –25: Regulatory Policies and Procedures (44 Section of the FAA-approved AFM by Accomplish paragraphs (b)(1) and (b)(2) of FR 11034, February 26, 1979); and (3) removing page 4, dated September 1, 1994, this AD at the times specified in those will not have a significant economic of section 04–12–00, and replacing it with paragraphs. the following. This may be accomplished by (1) Within 24 hours after April 6, 1995: impact, positive or negative, on a Perform a detailed inspection and a tactile substantial number of small entities inserting a copy of this AD in the AFM. ‘‘1. Icing Conditions—Exit immediately. If inspection of the de-icing boots in the air under the criteria of the Regulatory unable, land at nearest suitable airport.’’ intake ducts on the engines to find flat spots, Flexibility Act. A final evaluation has (3) Revise the Limitations Section of the softness, or other discrepancies, and to been prepared for this action and it is FAA-approved AFM to include the following ensure that the edges of the de-icing boots are contained in the Rules Docket. A copy functional test. This may be accomplished by sealed properly, in accordance with Dornier of it may be obtained from the Rules inserting a copy of this AD in the AFM. Service Bulletin SB–328–30–020, dated Docket at the location provided under Continue to do the functional test until the March 17, 1994. the caption ‘‘ADDRESSES.’’ AFM revision required by paragraph (e) of Note 1: For the purposes of this AD, a this AD is done. detailed inspection is: ‘‘An intensive List of Subjects in 14 CFR Part 39 ‘‘Accomplish the following test at the examination of a specific item, installation, applicable time specified as follows: or assembly to detect damage, failure, or Air transportation, Aircraft, Aviation For airplanes equipped with air intake duct irregularity. Available lighting is normally safety, Incorporation by reference, assemblies having de-icing boots with part supplemented with a direct source of good Safety. numbers (P/Ns) 29S–5D5240–21, –23, and lighting at an intensity deemed appropriate.

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Inspection aids such as mirror, magnifying the AFM to include the following functional Service Bulletin SB–328–30–432, dated April lenses, etc., may be necessary. Surface test. This may be accomplished by inserting 26, 2002. cleaning and elaborate procedures may be a copy of this AD into the AFM. Note 3: Dornier Service Bulletin SB–328– required.’’ Accomplishment of this paragraph ends the 71–122, Revision 1, dated May 10, 1999, (i) If no discrepancies are found and the requirements of paragraph (a)(3) of this AD, references Westland Aerospace Limited edges of the de-icing boots are sealed and the AFM revision required by that properly (no debonding between the boot and paragraph may be removed from the AFM. Service Bulletin SB–WAL328–71–122, dated the intake duct), repeat the detailed and ‘‘Accomplish the following test within 24 September 25, 1995, as an additional source tactile inspections required by paragraph hours after the effective date of this AD. of service information for modification of the (b)(1) of this AD thereafter at daily intervals Repeat the test thereafter at daily intervals. air intake ducts; and Dornier Service Bulletin until accomplishment of the modification Perform a functional test of the de-icing SB–328–71–125, Revision 3, dated May 10, required by paragraph (f) of this AD. system of the air intake ducts of the left and 1999, references Westland Aerospace Limited (ii) If any discrepancy is found, or if any right engines to determine the condition of Service Bulletin SB–WAL328–71–125, edge of a de-icing boot is sealed improperly the system, in accordance with the Revision 1, dated September 25, 1995, as an (debonding between the boots and the intake procedures specified below. Flight crew or additional source of service information for duct), prior to further flight, replace all three maintenance personnel shall perform this installation of the cover plate of the bypass de-icing boots having P/Ns 29S–5D5240–21, test. duct outlet. –23, and –25, with three new units having P/Ns 29S–5D5240–211, –231, and –251, in Functional Test of the De-Icing System Repetitive Inspections accordance with the procedures specified in With engines running at idle power, (g) Within 60 flight hours after Dornier Alert Service Bulletin ASB–328–71– display and monitor the ‘ICE PROTECT’ accomplishment of paragraph (f) of this AD: 006, Revision 1, dated February 16, 1995. system page of the electronic indication and (2) Within 5 days after April 6, 1995, caution advisory system (EICAS), select left Do a detailed inspection of the engine air replace all three de-icing boots having P/Ns and right ‘ENGINE INTAKE’ pushbuttons in inlet de-icing boots to find discrepancies 29S–5D5240–21, –23, and –25, with three (‘ON’), for a minimum of 60 seconds. Monitor (including flat or soft spots in concave new units having P/Ns 29S–5D5240–211, system page for normal indications of one sections, defects on the de-icing boots, or –231, and –251, in accordance with Dornier complete boot inflation and deflation cycle. improper sealing), per paragraph 2.B.1. of the Alert Service Bulletin ASB–328–71–006, Monitor EICAS for normal messages, and Accomplishment Instructions of Dornier Revision 1, dated February 16, 1995. absence of ‘ENG DEICE FAIL’ caution. Service Bulletin SB–328–30–432, dated April Following such replacement, perform the After 60 seconds and observation of one 26, 2002. Do any applicable corrective action detailed and tactile inspections and the complete inflation/deflation cycle, release before further flight per the service bulletin. functional tests required by paragraphs (c) ‘ENGINE INTAKE’ pushbuttons to out (‘OFF’) Repeat the inspection thereafter at intervals and (e) of this AD, respectively, in position, confirm absence of system page and not to exceed 60 flight hours. accordance with the times and procedures EICAS cautions, and deselect ‘‘ICE (h) Within 400 flight hours after specified in those paragraphs. PROTECT’ system page. At completion of accomplishment of paragraph (f) of this AD: (c) For airplanes equipped with air intake check, ‘‘ENGINE INTAKE’ pushbuttons may Do a debonding/delamination and leakage duct assemblies having de-icing boots with be turned back on if required for departure. P/Ns 29S–5D5240–211, –231, and –251: inspection of the engine air inlet de-icing If any EICAS ‘ENG DEICE FAIL’ Within 7 days after April 6, 1995, perform a boots by doing all the applicable actions per annunciation is observed, or if system normal detailed inspection and a tactile inspection of the Accomplishment Instructions of Dornier inflate and deflate cycling is not observed: the de-icing boots in the air intake ducts on Service Bulletin SB–328–30–432, dated April The system shall be considered inoperative. the engines to find flat spots, softness, or 26, 2002. Do any applicable corrective action other discrepancies, and to ensure that the Prior to further flight, the detailed before further flight per the service bulletin. inspections required by paragraph (g) of this edges of the de-icing boots are sealed Repeat the inspection thereafter at intervals AD must be accomplished. properly, in accordance with the procedures not to exceed 400 flight hours. If no discrepancy with the de-icing boots specified in Dornier Service Bulletin SB– (i) Initiation of the repetitive inspections is found during these inspections, the de- 328–30–020, dated March 17, 1994. required by paragraphs (g) and (h) of this AD (1) If no discrepancies are found and the icing system may be inoperative for a period of time not to exceed that specified in the terminates the repetitive inspections required edges of the de-icing boots are sealed by paragraphs (b) and (c) of this AD. properly (no debonding between the boot and DO–328 Master Minimum Equipment List the intake duct): Repeat the detailed and (MMEL). Flight into known or forecast icing No Reporting Required conditions is prohibited.’’ tactile inspections required by paragraph (c) (j) Where Dornier Service Bulletin SB–328– of this AD thereafter at intervals not to Modification of the Engine Air Intake De- 30–432, dated April 26, 2002, describes exceed 7 days until accomplishment of the icing System modification required by paragraph (f) of this procedures for completing a reporting sheet AD. (f) Within 60 flight hours after the effective with inspection results, this AD does not (2) If any discrepancy is found, or if any date of this AD: Modify the engine air inlet require that action. de-icing system (including a one-time edge of a de-icing boot is sealed improperly Alternative Methods of Compliance (debonding between the boots and the intake detailed inspection and a debonding/ duct): Prior to further flight, replace all three delamination and leakage inspection) by (k)(1) In accordance with 14 CFR 39.19, the de-icing boots with three new units having P/ doing all the actions (including any Manager, International Branch, ANM–116, Ns 29S–5D5240–211, –231, and –251, in applicable corrective action) per the FAA, Transport Airplane Directorate, is accordance with Dornier Alert Service Accomplishment Instructions of Dornier authorized to approve alternative methods of Bulletin ASB–328–71–006, Revision 1, dated Service Bulletin SB–328–71–125, Revision 3; compliance for this AD. February 16, 1995. and by doing all the actions per the (2) Alternative methods of compliance, Accomplishment Instructions of Dornier approved previously in accordance with AD Parts Installation Service Bulletin SB–328–71–122, Revision 1; 95–04–51, amendment 39–9179, are not (d) As of April 6, 1995, no de-icing boot both dated May 10, 1999. Do any applicable considered to be approved as alternative having P/N 29S–5D5240–21, –23, or –25 corrective action before further flight per the methods of compliance with this AD. shall be installed on any airplane. applicable service bulletin. Incorporation by Reference New Requirements of This AD Note 2: The de-icing boots approved for installation on the modified engine inlet (l) Unless otherwise specified in this AD, AFM Revision assembly are specified in paragraph 3., the actions shall be done in accordance with (e) Within 24 hours after the effective date ‘‘Material Information,’’ of the the service bulletins listed in Table 1 of this of this AD: Revise the Limitations Section of Accomplishment Instructions of Dornier AD, as applicable:

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TABLE 1.—INCORPORATION BY REFERENCE

Service bulletin Revision Date

Dornier Alert Service Bulletin ASB–328–71–006 ...... 1 ...... February 16, 1995. Dornier Service Bulletin SB–328–30–020 ...... Original ...... March 17, 1994. Dornier Service Bulletin SB–328–30–432 ...... Original ...... April 26, 2002. Dornier Service Bulletin SB–328–71–122 ...... 1 ...... May 10, 1999. Dornier Service Bulletin SB–328–71–125 ...... 3 ...... May 10, 1999.

(1) The incorporation by reference of the Register in accordance with 5 U.S.C. 552(a) service bulletins listed in Table 2 of this AD and 1 CFR part 51: is approved by the Director of the Federal

TABLE 2.—NEW SERVICE BULLETINS FOR INCORPORATION BY REFERENCE

Service bulletin Revision Date

Dornier Service Bulletin SB–328–30–432 ...... Original ...... April 26, 2002. Dornier Service Bulletin SB–328–71–122 ...... 1 ...... May 10, 1999. Dornier Service Bulletin SB–328–71–125 ...... 3 ...... May 10, 1999.

(2) The incorporation by reference of the the Federal Register as of April 6, 1995 (60 service bulletins listed in Table 3 of this AD FR 15037, March 22, 1995): was approved previously by the Director of

TABLE 3.—SERVICE BULLETINS PREVIOUSLY INCORPORATED BY REFERENCE

Service bulletin Revision Date

Dornier Alert Service Bulletin ASB–328–71–006 ...... 1 ...... February 16, 1995. Dornier Service Bulletin SB–328–30–020 ...... Original ...... March 17, 1994.

(3) Copies may be obtained from AvCraft DEPARTMENT OF TRANSPORTATION and engine fire shutoff switches, which Aerospace GmbH, P.O. Box 1103, D–82230 could lead to failure of the switches to Wessling, Germany. Copies may be inspected Federal Aviation Administration discharge fire suppressant in the at the FAA, Transport Airplane Directorate, affected area and could result in an 1601 Lind Avenue, SW., Renton, 14 CFR Part 39 uncontrolled fire that could spread to Washington; or at the National Archives and [Docket No. 2002–NM–286–AD; Amendment the strut, wing, or aft body of the Records Administration (NARA). For 39–13821; AD 2004–20–16] airplane. This action is intended to information on the availability of this address the identified unsafe condition. material at NARA, call (202) 741–6030, or go RIN 2120–AA64 DATES: Effective November 17, 2004. to: http://www.archives.gov/federal_register/ code_of_federal_regulations/ Airworthiness Directives; Boeing The incorporation by reference of a ibr_locations.html. Model 747–200B, –200C, –200F, –300, certain publication listed in the –400, –400D, and –400F Series regulations is approved by the Director Note 4: The subject of this AD is addressed of the Federal Register as of November in German airworthiness directives 1995– Airplanes; and Model 747SP Series 17, 2004. 156/3, dated July 1, 1999; and 2002–256, Airplanes ADDRESSES: The service information dated September 5, 2002. AGENCY: Federal Aviation referenced in this AD may be obtained Administration, DOT. Effective Date from Boeing Commercial Airplanes, ACTION: Final rule. (m) This amendment becomes effective on P.O. Box 3707, Seattle, Washington 98124–2207. This information may be November 17, 2004. SUMMARY: This amendment adopts a examined at the Federal Aviation new airworthiness directive (AD), Issued in Renton, Washington, on Administration (FAA), Transport September 30, 2004. applicable to certain Boeing Model 747– Airplane Directorate, Rules Docket, 200B, –200C, –200F, –300, –400, –400D, Kevin M. Mullin, 1601 Lind Avenue, SW., Renton, and –400F series airplanes; and Model Acting Manager, Transport Airplane Washington; or at the National Archives 747SP series airplanes, that requires Directorate, Aircraft Certification Service. and Records Administration (NARA). repetitive functional tests of the [FR Doc. 04–22562 Filed 10–12–04; 8:45 am] For information on the availability of auxiliary power unit (APU) and engine BILLING CODE 4910–13–P this material at NARA, call (202) 741– fire shutoff switches and repetitive 6030, or go to: http://www.archives.gov/ replacements of the APU and engine fire federal_register/ shutoff switches. The AD also provides code_of_federal_regulations/ an optional terminating action for the ibr_locations.html. repetitive functional tests and replacements. This action is necessary FOR FURTHER INFORMATION CONTACT: to prevent mineral build-up on the APU Sulmo Mariano, Aerospace Engineer,

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Propulsion Branch, ANM–140S, FAA, fire shutoff switches and repetitive Clarification of Summary Language Seattle Aircraft Certification Office, replacements of the APU and engine fire 1601 Lind Avenue, SW., Renton, shutoff switches. That action also Since the proposed AD was published Washington 98055–4056; telephone proposed to provide an optional we noticed that in the Summary of the (425) 917–6501; fax (425) 917–6590. terminating action for the repetitive proposed AD we referred to functional tests and replacements. ‘‘inspections’’ instead of ‘‘functional SUPPLEMENTARY INFORMATION: A tests.’’ We have corrected the Summary Comments proposal to amend part 39 of the Federal of this AD. Aviation Regulations (14 CFR part 39) to Interested persons have been afforded include an airworthiness directive (AD) an opportunity to participate in the Cost Impact that is applicable to certain Boeing making of this amendment. No There are approximately 316 Model 747–200B, –200C, –200F, –300, comments were submitted in response airplanes of the affected design in the –400, –400D, and –400F series to the proposal or the FAA’s airplanes; and Model 747SP series determination of the cost to the public. worldwide fleet. We estimate that 50 airplanes, was published in the Federal airplanes of U.S. registry will be affected Register on June 23, 2004 (69 FR 34971). Conclusion by this AD, and that the average labor That action proposed to require The FAA has determined that air rate is $65 per work hour. Table 1 repetitive functional tests of the safety and the public interest require the provides the estimated costs for U.S. auxiliary power unit (APU) and engine adoption of the rule as proposed. operators to comply with this AD.

TABLE 1.—ESTIMATED COSTS

Action Work hours Cost per airplane Total cost

Inspection and Functional Test (per test cycle) 10–14 (depending on airplane model) ...... $650–910 $32,500–45,500

The cost impact figures discussed of it may be obtained from the Rules strut, wing, or aft body of the airplane, above are based on assumptions that no Docket at the location provided under accomplish the following: operator has yet accomplished any of the caption ADDRESSES. Service Bulletin Reference the requirements of this AD action, and List of Subjects in 14 CFR Part 39 (a) The term ‘‘service bulletin,’’ as used in that no operator would accomplish this AD, means the Accomplishment those actions in the future if this AD Air transportation, Aircraft, Aviation Instructions of Boeing Alert Service Bulletin were not adopted. The cost impact safety, Incorporation by reference, 747–26A2274, Revision 1, dated January 9, figures discussed in AD rulemaking Safety. 2003. actions represent only the time Adoption of the Amendment Initial and Repetitive Functional Test necessary to perform the specific actions (b) At the later of the compliance times actually required by the AD. These I Accordingly, pursuant to the authority specified in paragraphs (b)(1) and (b)(2) of figures typically do not include delegated to me by the Administrator, this AD, perform a functional test of the APU incidental costs, such as the time the Federal Aviation Administration and engine fire shutoff switches, in required to gain access and close up, amends part 39 of the Federal Aviation accordance with the service bulletin. Repeat planning time, or time necessitated by Regulations (14 CFR part 39) as follows: the functional test thereafter at intervals not other administrative actions. to exceed 18 months. PART 39—AIRWORTHINESS (1) Within 18 months since the date of Regulatory Impact DIRECTIVES issuance of the original Airworthiness Certificate or the original Export Certificate of The regulations adopted herein will I 1. The authority citation for part 39 Airworthiness. not have a substantial direct effect on (2) Within 90 days after the effective date the States, on the relationship between continues to read as follows: of this AD. the national Government and the States, Authority: 49 U.S.C. 106(g), 40113, 44701. Fire Shutoff Switch Failure or on the distribution of power and § 39.13 [Amended] responsibilities among the various (c) If any fire shutoff switch fails during I any functional test required by paragraph (b) levels of government. Therefore, it is 2. Section 39.13 is amended by adding or (f) of this AD, before further flight, replace determined that this final rule does not the following new airworthiness the switch with a new or serviceable switch, have federalism implications under directive: in accordance with the service bulletin. Executive Order 13132. 2004–20–16 Boeing: Amendment 39–13821. Repeat the switch replacement thereafter at For the reasons discussed above, I Docket 2002–NM–286–AD. intervals not to exceed 36 months. certify that this action (1) is not a Applicability: Model 747–200B, –200C, Replacement ‘‘significant regulatory action’’ under –200F, –300, –400, –400D, and –400F series (d) Within 36 months after the effective Executive Order 12866; (2) is not a airplanes; and Model 747SP series airplanes; date of this AD, replace all APU and engine ‘‘significant rule’’ under DOT as listed in Boeing Alert Service Bulletin fire shutoff switches that have not been Regulatory Policies and Procedures (44 747–26A2274, Revision 1, dated January 9, previously replaced per paragraph (c) of this FR 11034, February 26, 1979); and (3) 2003; certificated in any category. AD with new or serviceable switches, in will not have a significant economic Compliance: Required as indicated, unless accordance with the service bulletin. Repeat impact, positive or negative, on a accomplished previously. the switch replacement thereafter at intervals To prevent mineral build-up on the not to exceed 36 months. substantial number of small entities auxiliary power unit (APU) and engine fire under the criteria of the Regulatory shutoff switches, which could lead to failure Deactivation of Lucas Humidifier Flexibility Act. A final evaluation has of the switches to discharge fire suppressant (e) Operators may terminate the repetitive been prepared for this action and it is in the affected area and could result in an requirements of paragraphs (b), (c), and (d) of contained in the Rules Docket. A copy uncontrolled fire that could spread to the this AD by accomplishing the actions in

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paragraphs (e)(1) and (e)(2) of this AD, except Issued in Renton, Washington, on www.archives.gov/federal_register/ as provided by paragraph (f) of this AD. September 30, 2004. code_of_federal_regulations/ (1) Deactivate the Lucas humidifier, part Kevin M. Mullin, ibr_locations.html. number (P/N) M01AA0101, M01AB0101, Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: Tim M01AB0102, or M01AB0103, in accordance Directorate, Aircraft Certification Service. Backman, Aerospace Engineer, with the service bulletin. [FR Doc. 04–22563 Filed 10–12–04; 8:45 am] (2) Before further flight following the International Branch, ANM–116, BILLING CODE 4910–13–P deactivation specified in paragraph (e)(1) of Transport Airplane Directorate, 1601 this AD, replace all APU and engine fire Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–2797; shutoff switches with new or serviceable DEPARTMENT OF TRANSPORTATION switches in accordance with the service fax (425) 227–1149. bulletin. Federal Aviation Administration SUPPLEMENTARY INFORMATION: A Reactivation of Lucas Humidifier proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) (f) For any airplanes on which Lucas 14 CFR Part 39 by superseding AD 2001–03–14, humidifier, P/N M01AA0101, M01AB0101, [Docket No. 2002–NM–211–AD; Amendment amendment 39–12118 (66 FR 10957, M01AB0102, or M01AB0103 is reactivated 39–13819; AD 2004–20–14] after the effective date of this AD: Do the February 21, 2001), was published as a requirements of paragraphs (f)(1) and (f)(2) of RIN 2120–AA64 supplemental notice of proposed rulemaking (NPRM) in the Federal this AD at the times specified in those Airworthiness Directives; Airbus Model paragraphs. Register on August 4, 2004 (69 FR A300 B4 Series Airplanes and Model (1) Within 18 months after reactivating the 47035). The proposal is applicable to all humidifier, and thereafter at intervals not to A300 B4–600, A300 B4–600R, and A300 Airbus Model A300 series airplanes and exceed 18 months, do the functional test F4–600R (Collectively Called A300– all Airbus Model A300–600 series required by paragraph (b) of this AD. 600) Series Airplanes airplanes. The action proposed to (2) Within 36 months after reactivating the AGENCY: Federal Aviation require new repetitive high frequency humidifier, and thereafter at intervals not to Administration, DOT. eddy current inspections to detect exceed 36 months, replace all APU and cracking of an expanded area, and ACTION: Final rule. engine fire shutoff switches that have not corrective actions, if necessary; and to been previously replaced per paragraph (c) of SUMMARY: This amendment supersedes add airplanes to the applicability in the this AD. Do the replacements per paragraph existing AD. (d) of this AD. an existing airworthiness directive (AD), applicable to all Airbus Model A300 B4 Comments Actions Accomplished Per Previous Issue of series airplanes and all Airbus Model Service Bulletin A300–600 series airplanes. That AD Interested persons have been afforded (g) Unless otherwise specified in this AD, currently requires a one-time high an opportunity to participate in the actions accomplished before the effective frequency eddy current inspection to making of this amendment. No date of this AD per Boeing Alert Service detect cracking of the splice fitting at comments were submitted in response Bulletin 747–26A2274, dated August 29, fuselage frame (FR) 47 between stringers to the proposal or the FAA’s 2002, are considered acceptable for 24 and 25; and corrective actions if determination of the cost to the public. compliance with the corresponding action necessary. This amendment requires Clarification of Service Information specified in this AD. new repetitive inspections of an Requirements for Paragraph (b) of This Alternative Methods of Compliance expanded area and adds airplanes to the AD applicability in the existing AD. The (h) In accordance with 14 CFR 39.19, the In our response to comments in the actions specified by this AD are Manager, Seattle Aircraft Certification Office, Preamble of the supplemental NPRM, intended to detect and correct cracking FAA, is authorized to approve alternative we stated our intent to revise paragraphs of the splice fitting at fuselage FR 47, methods of compliance for this AD. (a), (b), and (c) of the supplemental which could result in reduced structural NPRM to refer to Revision 02 of the Incorporation by Reference integrity of the airplane. This action is referenced Airbus service bulletins as (i) The actions shall be done in accordance intended to address the identified the appropriate sources of service with Boeing Alert Service Bulletin 747– unsafe condition. 26A2274, Revision 1, dated January 9, 2003. information for accomplishment of the DATES: Effective November 17, 2004. This incorporation by reference was required actions. (Revision 01 of those approved by the Director of the Federal The incorporation by reference of service bulletins was referenced in the Register in accordance with 5 U.S.C. 552(a) certain publications listed in the original NPRM for accomplishment of and 1 CFR part 51. Copies may be obtained regulations is approved by the Director the required actions.) However, while from Boeing Commercial Airplanes, P.O. Box of the Federal Register as of November we revised paragraphs (a) and (c) of the 3707, Seattle, Washington 98124–2207. 17, 2004. supplemental NPRM, we inadvertently Copies may be inspected at the FAA, ADDRESSES: The service information omitted the revision to paragraph (b). Transport Airplane Directorate, 1601 Lind referenced in this AD may be obtained Therefore, we have revised paragraph Avenue, SW., Renton, Washington; or at the from Airbus, 1 Rond Point Maurice (b) of this final rule to reference National Archives and Records Bellonte, 31707 Blagnac Cedex, France. Revision 02 of Airbus Service Bulletin Administration (NARA). For information on This information may be examined at A300–53–6123 as the appropriate the availability of this material at NARA, call the Federal Aviation Administration source of service information for the (202) 741–6030, or go to: http:// (FAA), Transport Airplane Directorate, www.archives.gov/federal_register/ required actions in that paragraph. Rules Docket, 1601 Lind Avenue, SW., code_of_federal_regulations/ Conclusion ibr_locations.html. Renton, Washington; or at the National Archives and Records Administration After careful review of the available Effective Date (NARA). For information on the data, the FAA has determined that air (j) This amendment becomes effective on availability of this material at NARA, safety and the public interest require the November 17, 2004. call (202) 741–6030, or go to: http:// adoption of the rule with the change

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described previously. The FAA has Adoption of the Amendment (i) At the earlier of the flight-cycle/flight- determined that this change will neither hour intervals after the effective date of this I Accordingly, pursuant to the authority increase the economic burden on any AD, as specified in the applicable column in delegated to me by the Administrator, Table 1 of Figure 1 and Sheet 1 of the operator nor increase the scope of the the Federal Aviation Administration Accomplishment Instructions of the service AD. amends part 39 of the Federal Aviation bulletin. Cost Impact Regulations (14 CFR part 39) as follows: (ii) Within 1,800 flight cycles or 3,000 flight hours after the effective date of this AD, There are approximately 92 airplanes PART 39—AIRWORTHINESS whichever is first. of U.S. registry that will be affected by DIRECTIVES (b) For airplanes defined in Airbus Service this AD. Bulletin A300–53–6123, Revision 02, dated The inspection of an expanded area I 1. The authority citation for part 39 November 12, 2002: Do the HFEC inspection that is required in this AD will take continues to read as follows: required by paragraph (a) of this AD at the applicable times specified in paragraph (b)(1) approximately 29 work hours per Authority: 49 U.S.C. 106(g), 40113, 44701. airplane to accomplish, at an average or (b)(2) of this AD. Repeat the inspection thereafter at the earlier of the flight-cycle/ § 39.13 [Amended] labor rate of $65 per work hour. Based flight-hour intervals specified in the on these figures, the cost impact of the I 2. Section 39.13 is amended by applicable column in Table 2 of Figure 1 and required inspection on U.S. operators is removing amendment 39–12118 (66 FR Sheet 1 of the Accomplishment Instructions estimated to be $173,420, or $1,885 per 10957, February 21, 2001), and by adding of the service bulletin. Do the inspections in airplane, per inspection cycle. a new airworthiness directive (AD), accordance with the service bulletin, The cost impact figure discussed excluding Appendix 01. amendment 39–13819, to read as (1) For airplanes that have accumulated above is based on assumptions that no follows: operator has yet accomplished any of 10,000 or more total flight cycles as of the the requirements of this AD action, and 2004–20–14 Airbus: Amendment 39–13819. effective date of this AD: Do the initial Docket 2002–NM–211–AD. Supersedes inspection within 750 flight cycles or 1,900 that no operator would accomplish AD 2001–03–14, Amendment 39–12118. flight hours after the effective date of this AD, those actions in the future if this AD Applicability: All Model A300 B4–600, whichever is first. were not adopted. The cost impact B4–600R, and F4–600R (collectively called (2) For airplanes that have accumulated figures discussed in AD rulemaking A300–600) series airplanes; and all Model fewer than 10,000 total flight cycles as of the actions represent only the time A300 B4 series airplanes; certificated in any effective date of this AD: Do the initial necessary to perform the specific actions category. inspection at the later of the times specified actually required by the AD. These Compliance: Required as indicated, unless in paragraphs (b)(2)(i) and (b)(2)(ii) of this figures typically do not include accomplished previously. AD. (i) At the earlier of the flight-cycle/flight- incidental costs, such as the time To detect and correct cracking of the splice fitting at fuselage frame (FR) 47, which could hour intervals after the effective date of this required to gain access and close up, result in reduced structural integrity of the AD, as specified in the applicable column in planning time, or time necessitated by airplane, accomplish the following: Table 1 of Figure 1 and Sheet 1 of the other administrative actions. Accomplishment Instructions of the service Repetitive Inspections bulletin. Regulatory Impact (a) For airplanes defined in Airbus Service (ii) Within 1,500 flight cycles or 3,800 The regulations adopted herein will Bulletin A300–53–0350, Revision 02, dated flight hours after the effective date of this AD, not have a substantial direct effect on November 12, 2002: Do a high frequency whichever is first. eddy current (HFEC) inspection to detect the States, on the relationship between Repair cracking of the splice fitting at fuselage FR the national Government and the States, 47 between stringers 24 and 26 (left- and (c) Repair any cracking found during any or on the distribution of power and right-hand sides), at the applicable times inspection required by this AD before further responsibilities among the various specified in paragraph (a)(1) or (a)(2) of this flight, in accordance with Airbus Service levels of government. Therefore, it is AD. Repeat the inspection thereafter at the Bulletin A300–53–0350 or A300–53–6123, determined that this final rule does not earlier of the flight-cycle/flight-hour intervals both Revision 02, both excluding Appendix have federalism implications under specified in the applicable column in Table 01, both dated November 12, 2002; as Executive Order 13132. 2 of Figure 1 and Sheet 1 of the applicable. Where the service bulletins For the reasons discussed above, I Accomplishment Instructions of the service specify to contact Airbus in case of certain bulletin. Do the inspections in accordance crack findings, this AD requires that a repair certify that this action (1) Is not a with the service bulletin, excluding be accomplished before further flight in ‘‘significant regulatory action’’ under Appendix 01. accordance with a method approved by Executive Order 12866; (2) is not a (1) For airplanes that have accumulated either the Manager, International Branch, ‘‘significant rule’’ under DOT 20,000 or more total flight cycles as of the ANM–116, FAA, Transport Airplane Regulatory Policies and Procedures (44 effective date of this AD: Do the initial Directorate; or the Direction Ge´ne´rale de FR 11034, February 26, 1979); and (3) inspection at the later of the times specified l’Aviation Civile (DGAC) (or its delegated will not have a significant economic in paragraphs (a)(1)(i) and (a)(1)(ii) of this agent). impact, positive or negative, on a AD: (i) At the earlier of the flight-cycle/flight- Credit for Previous Issues of Airbus Service substantial number of small entities hour intervals after the effective date of this Bulletin under the criteria of the Regulatory AD, as specified in the applicable column in (d) Accomplishment of the actions before Flexibility Act. A final evaluation has Table 1 of Figure 1 and Sheet 1 of the the effective date of this AD in accordance been prepared for this action and it is Accomplishment Instructions of the service with Airbus Service Bulletin A300–53–0350 contained in the Rules Docket. A copy bulletin. or A300–53–6123, Revision 01, dated of it may be obtained from the Rules (ii) Within 750 flight cycles or 1,500 flight December 18, 2001; is considered acceptable Docket at the location provided under hours after the effective date of this AD, for compliance with the corresponding whichever is first. actions specified in this AD. the caption ADDRESSES. (2) For airplanes that have accumulated Alternative Methods of Compliance List of Subjects in 14 CFR Part 39 fewer than 20,000 total flight cycles as of the effective date of this AD: Do the initial (e) In accordance with 14 CFR 39.19, the Air transportation, Aircraft, Aviation inspection at the later of the times specified Manager, International Branch, ANM–116, is safety, Incorporation by reference, in paragraphs (a)(2)(i) and (a)(2)(ii) of this authorized to approve alternative methods of Safety. AD. compliance for this AD.

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Incorporation by Reference Dr., Fort Lee, NJ 07024. Intervet, Inc., Dated: September 16, 2004. (f) Unless otherwise specified in this AD, P.O. Box 318, 405 State St., Millsboro, Bernadette A. Dunham, the actions shall be done in accordance with DE 19966, has informed FDA of a Deputy Director, Office of New Animal Drug Airbus Service Bulletin A300–53–0350, change of address to 29160 Intervet Evaluation, Center for Veterinary Medicine. Revision 02, excluding Appendix 01, dated Lane, P.O. Box 318, Millsboro, DE [FR Doc. 04–22915 Filed 10–12–04; 8:45 am] November 12, 2002; and Airbus Service 19966. Ve`toquinol N.-A., Inc., 2000 BILLING CODE 4160–01–S Bulletin A300–53–6123, Revision 02, chemin Georges, Lavaltrie (PQ), Canada excluding Appendix 01, dated November 12, 2002; as applicable. This incorporation by J0K 1H0, has informed FDA of a change reference was approved by the Director of the of address to 2000 chemin Georges, DEPARTMENT OF STATE Federal Register in accordance with 5 U.S.C. Lavaltrie (PQ), Canada J5T 3S5. 552(a) and 1 CFR part 51. Copies may be Accordingly, the agency is amending 22 CFR Part 51 obtained from Airbus, 1 Rond Point Maurice the regulations in 21 CFR 510.600 to RIN 1400–ZA07 Bellonte, 31707 Blagnac Cedex, France. reflect these changes of sponsors’ Copies may be inspected at the FAA, addresses. [Public Notice 4859] Transport Airplane Directorate, 1601 Lind This rule does not meet the definition Avenue, SW., Renton, Washington; or at the National Archives and Records of ‘‘rule’’ in 5 U.S.C. 804(3)(A), because Passport Procedures—Amendment to Administration (NARA). For information on it is a rule of ‘‘particular applicability.’’ Passport Regulations the availability of this material at NARA, call Therefore, it is not subject to (202) 741–6030, or go to: http:// congressional review requirements in 5 AGENCY: State Department. www.archives.gov/federal_register/ U.S.C. 801–808. ACTION: Interim rule. code_of_federal_regulations/ ibr_locations.html. List of Subjects in 21 CFR Part 510 SUMMARY: This interim rule amends the Note 1: The subject of this AD is addressed Administrative practice and regulation implementing the statutory in French airworthiness directive 2002– procedure, Animal drugs, Labeling, requirement that both parents consent to 184(B), dated April 3, 2002. Reporting and recordkeeping issuance of a passport for children requirements. under 14 years to require that a Effective Date statement of consent submitted in I (g) This amendment becomes effective on Therefore, under the Federal Food, support of a minor’s application be November 17, 2004. Drug, and Cosmetic Act and under notarized. The rule will ensure that the authority delegated to the Commissioner Issued in Renton, Washington, on individual providing the signature is September 30, 2004. of Food and Drugs and redelegated to the properly identified. Center for Veterinary Medicine, 21 CFR Kevin M. Mullin, DATES: The effective date is November 1. part 510 is amended as follows: Acting Manager, Transport Airplane The Department will accept comments Directorate, Aircraft Certification Service. PART 510—NEW ANIMAL DRUGS from the public up to 30 days from [FR Doc. 04–22564 Filed 10–12–04; 8:45 am] November 12, 2004. BILLING CODE 4910–13–P I 1. The authority citation for 21 CFR ADDRESSES: Written comments should part 510 continues to read as follows: be addressed to: Chief, Legal Division, Authority: 21 U.S.C. 321, 331, 351, 352, Office of Passport Policy, Planning and DEPARTMENT OF HEALTH AND 353, 360b, 371, 379e. Advisory Services, 2100 Pennsylvania HUMAN SERVICES Ave., NW., 3rd Floor, Washington, DC § 510.600 [Amended] 20037. E-mail for comments: Food and Drug Administration I 2. Section 510.600 is amended: [email protected]. a. In the table in paragraph (c)(1) in Persons with access to the internet 21 CFR Part 510 the entry for ‘‘Alpharma Inc.’’, by may also view this notice and provide removing ‘‘P.O. Box 1399,’’; comment by going to the regulations.gov New Animal Drugs; Change of Web site at: http://www.regulations.gov/ Sponsors’ Addresses b. In the table in paragraph (c)(1) in the entry for ‘‘Intervet, Inc.’’, by index.cfm. AGENCY: Food and Drug Administration, removing ‘‘Intervet, Inc., P.O. Box 318, FOR FURTHER INFORMATION CONTACT: HHS. 405 State St.’’ and by adding in its place Sharon Palmer-Royston, Office of ACTION: Final rule. ‘‘Intervet Inc., P.O. Box 318, 29160 Passport Policy, Planning and Advisory Intervet Lane’’; Services, Bureau of Consular Affairs, SUMMARY: The Food and Drug c. In the table in paragraph (c)(1) in Department of State 202–663–2662; Fax Administration (FDA) is amending the the entry for ‘‘Ve`toquinol N.-A., Inc.’’, 202–663–2654. animal drug regulations to reflect by removing ‘‘J0K 1H0’’ and by adding SUPPLEMENTARY INFORMATION: 22 U.S.C. changes of address for Alpharma Inc.; in its place ‘‘J5T 3S5’’; 213 provides that before a U.S. passport Intervet Inc.; and Ve`toquinol N.-A., Inc. d. In the table in paragraph (c)(2) in can be issued the applicant ‘‘shall DATES: This rule is effective October 13, the entry for ‘‘046573’’, by removing subscribe to and submit a written 2004. ‘‘P.O. Box 1399’’; application which shall contain a true FOR FURTHER INFORMATION CONTACT: e. In the table in paragraph (c)(2) in recital of each and every matter of fact David R. Newkirk, Center for Veterinary the entry for ‘‘057926’’ by removing which may be required by law or by any Medicine (HFV–100), Food and Drug ‘‘Intervet, Inc., P.O. Box 318, 405 State rules authorized by law.’’ Section 236 of Administration, 7500 Standish Pl., St.’’ and by adding in its place ‘‘Intervet the Admiral James W. Nance and Meg Rockville, MD 20855, 301–827–6967; e- Inc., P.O. Box 318, 29160 Intervet Donovan Foreign Relations mail: [email protected]. Lane’’; and Authorization Act, Public Law 106–113, SUPPLEMENTARY INFORMATION: Alpharma f. In the table in paragraph (c)(2) in 113 Stat. 1501A–420 (22 U.S.C. 213n) Inc., One Executive Dr., P.O. Box 1399, the entry for ‘‘059320’’, by removing (‘‘2-Parent Consent Statute’’) provides Fort Lee, NJ 07024, has informed FDA ‘‘J0K 1H0’’ and by adding in its place that the Secretary shall require of a change of address to One Executive ‘‘J5T 3S5’’. documentary proof of both parents’ or

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the legal guardian’s consent before substantially reduce the possibility of Executive Order 13132: Federalism issuing passports to children under age the submission of false statements of The Department finds that this 14 ‘‘under penalty of perjury.’’ The consent. This rule needs to be regulation will not have substantial requirement was added as a measure to implemented immediately to strengthen direct effects on the States, on the prevent the use of the United States fraud prevention to avoid further relationship between the national passport in international child instances of the applying parent government and the States, or the abduction, and was implemented by submitting a false statement of consent distribution of power and Section 51.27(b) of Title 22, Code of and to reduce the possibility of a U.S responsibilities among the various Federal Regulations (CFR) (published at passport being used in an effort to levels of government. Nor does the rule 66 Fed. Reg. 29904, June 4, 2001). interfere with the custodial rights of the have federalism implications warranting Section 51.27(b)(2) provides that both non-applying parent. the application of Executive Order No. parents must execute a passport Regulatory Findings 12372 and No. 13132. application on behalf of a minor under age 14 or, if only one parent or a legal Administrative Procedure Act Executive Order 12866: Regulatory guardian executes the application, such The Department is publishing this Review parent or guardian must provide rule as an interim rule, with a 30-day This rule is exempt from E.O. 12866, documentary evidence that he or she is provision for post-promulgation public but the Department has reviewed the the sole parent or has sole custody of comments, based on the ‘‘good cause’’ rule to ensure consistency with the the child or that he or she has the non- exceptions set forth at 5 U.S.C. objectives of the Executive Order and applying parent’s or guardian’s consent, 553(b)(3)(B) and 553(d)(3). It is dictated has determined that the regulations do if applicable, to the issuance of the by the necessity of establishing not constitute a significant regulatory passport. Subsection 51.27(b)(2)(ii)(B) additional controls over the action within the meaning of the provides that the applying parent or documentation of U.S. citizens who are Executive Order. guardian may provide a written ages 14 and under, to help prevent the statement of consent from the non- possible misuse of a passport in Executive Order 12988: Civil Justice applying parent or guardian, if facilitating international child Reform applicable, to the issuance of the abduction. The Department has reviewed the passport. regulation in light of sections 3(a) and Regulatory Flexibility Act/Executive 3(b)(2) of Executive Order No. 12988 to Passport Applications of Minors Under Order 13272 Age 14 eliminate ambiguity, minimize These changes to the regulations are litigation, establish clear legal Since the 2000 implementation of the hereby certified as not expected to have standards, and reduce burden. 2-Parent Consent Statute by 22 CFR a significant impact on a substantial 51.27, there have been public comments number of small entities under the The Paperwork Reduction Act of 1995 and expressions of concern regarding criteria of the Regulatory Flexibility Act, This rule does not impose information the lack of independent verification of 5 U.S.C. 601–612. collection requirements under the the identity of the individual signing the The Small Business Regulatory provisions of the Paperwork Reduction statement of consent. Act, 44 U.S.C., Chapter 35. It has become evident that some Enforcement Fairness Act of 1996 parental applicants are providing This rule is not a major rule as The Treasury and General Government affidavits that are signed by individuals defined by U.S.C. 804, for purposes of Appropriations Act of 1999— other than the non-applying parent, congressional review of agency Assessment of Federal Regulations and despite the provisions of 18 U.S.C. 1544, rulemaking under the Small Business Policies on Families 1101 and 22 CFR 51.1(g) which provide Regulatory Enforcement Fairness Act of In light of the nature of these that individuals providing false 1996, Public Law 104–121. This rule regulations and section 654 of the information as part of a passport will not result in an annual effect on the Treasury and General Government application, whether economy of $100 million or more; a Appropriations Act of 1999, Public Law contemporaneously with the application major increase in costs or prices; or 105–277, 112 Stat. 2681 (1998), the form or at any other time, are subject to adverse effects on competition, Department has assessed the impact of prosecution for passport fraud or employment, investment, productivity, these proposed regulations on family perjury under all applicable criminal innovation, or the ability of United well being in accordance with section statutes, including but not limited to 18 States-based companies to compete with 654(c) of that Act. This rule is intended U.S.C. 1001, 1541, et seq. and 1621. foreign based companies in domestic to promote child and family safety by Some applying parents who submit and import markets. helping prevent child abduction and forged consent statements often do so to international child trafficking. abduct their child or otherwise interfere The Unfunded Mandates Reform Act of with the rights of the non-applying 1995 List of Subjects in 22 CFR Part 51 parent. Most, however, are only going Section 202 of the Unfunded Administrative practice and on vacation or obtaining the passport Mandates Reform Act of 1995 (UFMA), procedure, Drug traffic control, against the wishes of the other parent. Public Law 104–4; 109 Stat. 48; 2 U.S.C. Passports and visas. This Interim Rule amends Subsection 1532, generally requires agencies to I Accordingly, the Department amends 51.27(b)(2)(ii)(B) to require that the prepare a statement before proposing 22 CFR Chapter I as follows: written statement of consent of the non- any rule that may result in an annual applying parent be notarized. The expenditure of $100 million or more by PART 51—[AMENDED] purpose of this change is to prevent State, local, or tribal governments, or by forgery and to ensure that the individual the private sector. This rule does not I 1. The authority citation for Part 51 signing the consent statement submitted result in any such expenditure nor will continues to read as follows: with the passport application has been it significantly or uniquely affect small Authority: 22 U.S.C. 211a, 213, 2651a, properly identified. This change will governments. 2671(d)(3), 2714 and 3926; 31 U.S.C. 9701;

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E.O. 11295, 3 CFR, 1966–1970 Comp., p 570; publish a timely withdrawal in the EDOCKET or regulations.gov, your e- sec. 236, Public Law 106–113, 113 Stat. Federal Register indicating which mail address will be automatically 1501A–430; 18 U.S.C. 1621(a)(2). provisions will become effective and captured and included as part of the I 2. Revise § 51.27(b)(2)(iii)(B) to read as which provisions are being withdrawn comment that is placed in the public follows: due to adverse comment. Any distinct docket and made available on the amendment, paragraph, or section of the Internet. If you submit an electronic § 51.27 Minors. final amendments for which we do not comment, EPA recommends that you * * * * * receive adverse comment will become include your name and other contact (b) * * * effective on January 11, 2005. information in the body of your (2) * * * ADDRESSES: Submit your comments, comment and with any disk or CD-ROM (iii) * * * identified by Docket ID No. OGC–2004– you submit. If EPA cannot read your (B) A notarized written statement or 0004, by one of the following methods: comment due to technical difficulties notarized affidavit from the non- • Federal eRulemaking Portal: http:// and cannot contact you for clarification, applying parent or guardian, if www.regulations.gov. Follow the on-line EPA may not be able to consider your applicable, consenting to the issuance of instructions for submitting comments. comment. Electronic files should avoid • the passport. Agency Website: http:// the use of special characters, any form * * * * * www.epa.gov/edocket. EDOCKET, EPA’s of encryption, and be free of any defects electronic public docket and comment or viruses. Dated: September 23, 2004. system, is EPA’s preferred method for Daniel B. Smith, receiving comments. Follow the on-line Docket: All documents in the docket Acting Assistant Secretary for Consular instructions for submitting comments. are listed in the EDOCKET index at Affairs, Department of State. • E-mail: [email protected]. http://www.epa.gov/edocket. Although [FR Doc. 04–22937 Filed 10–12–04; 8:45 am] • Fax: (202) 566–1741. listed in the index, some information is BILLING CODE 4710–06–P • Mail: Proposed Settlement not publicly available, i.e., CBI or other Agreement in AISI/ACCCI Coke Oven information whose disclosure is Environmental Task Force v. U.S. EPA, restricted by statute. Certain other ENVIRONMENTAL PROTECTION No. 03–1167 (DC Cir.) Docket, information, such as copyrighted AGENCY Environmental Protection Agency, materials, is not placed on the Internet Mailcode: 6102T, 1200 Pennsylvania and will be publicly available only in 40 CFR Part 63 Ave., NW., Washington, DC 20460. hard copy form. Publicly available Please include a total of two copies. docket materials are available either [OGC–2004–0004; FRL–7826–2] • Hand Delivery: Environmental electronically in EDOCKET or in hard National Emission Standards for Protection Agency, 1301 Constitution copy form at the docket entitled Hazardous Air Pollutants for Coke Avenue, NW., Room B102, Washington, ‘‘Proposed Settlement Agreement in Ovens: Pushing, Quenching, and DC. 20460. Such deliveries are only AISI/ACCCI Coke Oven Environmental Battery Stacks accepted during the Docket’s normal Task Force v. U.S. EPA, No. 03–1167 hours of operation, and special (DC Cir.),’’ Docket ID No. OGC–2004– AGENCY: Environmental Protection arrangements should be made for 0004, EPA/DC, EPA West, Room B102, Agency (EPA). deliveries of boxed information. 1301 Constitution Ave., NW., ACTION: Direct final rule; amendments. Instructions: Direct your comments to Washington, DC. The Public Reading Docket ID No. OGC–2004–0004. The Room is open from 8:30 a.m. to 4:30 SUMMARY: On April 14, 2003, pursuant EPA’s policy is that all comments p.m., Monday through Friday, excluding to section 112 of the Clean Air Act received will be included in the public legal holidays. The telephone number (CAA), the EPA issued national docket without change and may be for the Public Reading Room is (202) emission standards to control hazardous made available online at http:// 566–1744, and the telephone number for air pollutants emitted from pushing, www.epa.gov/edocket, including any the Air Docket is (202) 566–1742. quenching, and battery stacks at new personal information provided, unless and existing coke oven batteries. This the comment includes information FOR FURTHER INFORMATION CONTACT: Ms. action amends the parametric operating claimed to be Confidential Business Lula Melton, Emission Standards limits and associated compliance Information (CBI) or other information Division, Office of Air Quality Planning provisions for capture systems used to whose disclosure is restricted by statute. and Standards (C439–02), control emissions from pushing. This Do not submit information that you Environmental Protection Agency, action also amends the requirements for consider to be CBI or otherwise Research Triangle Park, NC 27711, mobile scrubber cars that capture protected through EDOCKET, telephone number (919) 541–2910, fax emissions which occur during pushing regulations.gov, or e-mail. The EPA number (919) 541–3207, e-mail address: and travel. EDOCKET and the Federal [email protected]. DATES: The direct final rule regulations.gov websites are SUPPLEMENTARY INFORMATION: amendments will be effective on ‘‘anonymous access’’ systems, which January 11, 2005, unless we receive means EPA will not know your identity I. General Information significant adverse comments by or contact information unless you A. Does This Action Apply to Me? November 12, 2004, or by November 29, provide it in the body of your comment. 2004 if a public hearing is requested. If If you send an e-mail comment directly Categories and entities potentially such comments are received, we will to EPA without going through regulated by this action include:

Category NAICS code 1 Examples of regulated entities

Industry ...... 331111, 324199 ...... Coke plants and integrated iron and steel mills. Federal government ...... Not affected.

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Category NAICS code 1 Examples of regulated entities

State/local/tribal government ...... Not affected. 1 North American Industry Classification System.

This table is not intended to be regarding the TTN is needed, call the A. Executive Order 12866: Regulatory exhaustive, but rather provides a guide TTN HELP line at (919) 541–5384. Planning and Review for readers regarding entities likely to be B. Paperwork Reduction Act D. What Are the Judicial Review regulated by this action. To determine C. Regulatory Flexibility Act Requirements? D. Unfunded Mandates Reform Act whether your facility would be Under section 307(b)(1) of the CAA, E. Executive Order 13132: Federalism regulated by this action, you should F. Executive Order 13175: Consultation examine the applicability criteria in judicial review of the final amendments and Coordination With Indian Tribal § 63.7281 of the national emission is available only by filing a petition for Governments standards for hazardous air pollutants review in the U.S. Court of Appeals for G. Executive Order 13045: Protection of (NESHAP) for coke ovens: Pushing, the District of Columbia Circuit by Children from Environmental Health and quenching, and battery stacks. If you December 13, 2004. Under section Safety Risks have any questions regarding the 307(d)(7)(B) of the CAA, only an H. Executive Order 13211: Actions that applicability of this action to a objection to the final amendments that Significantly Affect Energy Supply, particular entity, consult the person was raised with reasonable specificity Distribution, or Use I. National Technology Transfer listed in the preceding FOR FURTHER during the period for public comment Advancement Act INFORMATION CONTACT section. can be raised during judicial review. J. Congressional Review Act Moreover, under section 307(b)(2) of the B. What Should I Consider as I Prepare CAA, the requirements established by My Comments for EPA? II. Background the final amendments may not be Do not submit information containing challenged separately in any civil or On April 14, 2003 (68 FR 18008), we CBI to EPA through EDOCKET, criminal proceedings brought by the issued national emission standards for regulations.gov or e-mail. Send or EPA to enforce these requirements. the control of hazardous air pollutants deliver information identified as CBI (HAP) from pushing, quenching, and only to the following address: Roberto E. Why Are We Publishing the battery stacks at new and existing coke Morales, OAQPS Document Control Amendments as a Direct Final Rule? oven batteries (40 CFR part 63, subpart Officer (C404–02), U.S. EPA, Research We are publishing the amendments as CCCCC). The NESHAP implements Triangle Park, NC 27711, Attention a direct final rule without prior proposal section 112(d) of the CAA by requiring Docket ID No. OGC–2004–0004. Clearly because we view the amendments as all major sources to meet HAP emission mark the part or all of the information noncontroversial and do not anticipate standards reflecting application of the that you claim to be CBI. For CBI adverse comments. However, in the maximum achievable control information in a disk or CD ROM that Proposed Rules section of this Federal technology (MACT).1 you mail to EPA, mark the outside of the Register, we are publishing a separate After publication of the final rule, the disk or CD ROM as CBI and then document that will serve as the proposal American Iron and Steel Institute identify electronically within the disk or for the amendments contained in the (AISI)/American Coke and Coal CD ROM the specific information direct final rule in the event that Chemicals Institute (ACCCI) Coke Oven claimed as CBI. In addition to one significant adverse comments are filed. Environmental Task Force (COETF) complete version of the comment that If we receive any significant adverse filed a petition for review challenging includes information claimed as CBI, a comments on one or more distinct the final standards (AISI/ACCCI Coke copy of the comment that does not amendments, we will publish a timely Oven Environmental Task Force v. U.S. contain the information claimed as CBI withdrawal in the Federal Register Environmental Protection Agency, no. must be submitted for inclusion in the informing the public which provisions 03–1167, D.C. Cir.). The petitioners public docket. Information so marked will become effective and which raised issues concerning: will not be disclosed except in provisions are being withdrawn due to • The provisions requiring owners or accordance with procedures set forth in adverse comment. We will address all operators of coke plants having a 40 CFR part 2. public comments in a subsequent final pushing emission control device to C. Where Can I Get a Copy of This rule based on the proposed rule (should install, operate and maintain devices to Document and Other Related we decide to issue a final rule). We will monitor daily average fan motor amps, Information? not institute a second comment period (or volumetric flow rate at the inlet of on the direct final rule. Any parties the control device and maintain daily In addition to being available in the interested in commenting must do so at average volumetric flow rate) at or above docket, an electronic copy of today’s this time. minimum levels established during final amendments is also available on initial performance tests. These the Worldwide Web (WWW) through F. How Is This Document Organized? provisions are included in 40 CFR the Technology Transfer Network The information presented in this 63.7290, 63.7323(c), 63.7326(a)(4), (TTN). Following the Administrator’s preamble is organized as follows: signature, a copy of the final II. Background 1 The final rule should not be confused with the amendments will be placed on the MACT standards for coke oven doors, lids, offtake TTN’s policy and guidance page for III. Summary of the Final Amendments A. What changes are we making as a result systems, and charging which are the subject of newly proposed or promulgated rules at of the settlement agreement? special statutory provisions (CAA section 112(d)(8), http://www.epa.gov/ttn/oarpg. The TTN 112(i)(8)). The EPA adopted MACT standards for B. What other changes are we making? those emission points in 1993 (58 FR 57898, provides information and technology IV. Summary of Environmental, Energy, and October 27, 1993), and recently proposed residual exchange in various areas of air Economic Impacts risk standards pursuant to CAA section 112(f)(2) for pollution control. If more information V. Statutory and Executive Order Reviews these sources (69 FR 68338, August 9, 2004).

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63.7330(d), 63.7331(g) and (h), and systems that did not use an electric maintain the daily average fan RPM at 63.7333(d). motor to drive the fan. We agree with or above the minimum level established • The provisions requiring monthly the petitioners because there are a few during the initial or subsequent inspections of pressure sensors, fans that are not powered by an electric performance test. The owner or operator dampers, damper switches and other motor. In response, we are amending the also must check the static pressure or equipment important to the operating limit in 40 CFR fan RPM at least every 8 hours to verify performance of the total emissions 63.7290(b)(3)(i) to state that the the daily average static pressure at the capture system which also require that requirement applies to capture systems inlet to the control device, or the daily a facility’s operation and maintenance that use an electric motor to drive the average fan RPM, is at or above the plan include requirements to repair any fan. We are adding a new operating required values and to record the results defect or deficiency in the capture limit in 40 CFR 63.7290(b)(3)(ii) that is of each check. We also made system before the next scheduled appropriate for assessing the proper conforming amendments in each of the inspection. These provisions are operation of a capture system that does affected sections to account for changes included in 40 CFR 63.7300(c)(1). not use an electric motor to drive the in the regulatory citations. The EPA and the petitioners fan. The new operating limit requires The petitioners also argued that the anticipate that certain amendments to the owner or operator to maintain the provision in 40 CFR 63.7300(c)(1), the final rule will resolve COETF’s daily average static pressure at the inlet which requires that the operation and concerns. These amendments are set out to the control device at an equal or maintenance plan include requirements in attachment A to a proposed greater vacuum than the level to repair any defect or deficiency in the settlement agreement between EPA and established during the initial capture system before the next COETF. In accordance with section performance test, or to maintain the scheduled inspection, is unreasonable. 113(g) of the CAA, EPA published a daily average fan revolutions per minute We agree because there are a few repairs notice of the proposed settlement (RPM) at or above the minimum level that may require more than 30 days to agreement (69 FR 31372, June 3, 2004) established during the initial complete. Therefore, we are replacing and provided a 30-day comment period performance test. We also renumbered the provision to complete all repairs which ended July 6, 2004. The EPA the existing operating limit for the daily within 30 days after the defect or received no comments on the proposed average volumetric flow rate in 40 CFR deficiency is found to allow more time settlement agreement. Under the terms 63.7290(b)(3)(ii) as 40 CFR when necessary. If the repairs cannot be of the proposed settlement agreement, 63.7290(b)(3). completed within 30 days, the owner or EPA must submit proposed operator must estimate the number of We also are adding requirements to days in which repairs can be completed. amendments for publication in the the final rule for demonstrating initial Federal Register within 90 days after We developed provisions for two and continuous compliance with the additional situations (i.e., one for review of public comments received in new operating limit for daily average response to the notice of the settlement repairs that can be made within 60 days static pressure or fan RPM. To establish and one for repairs that will take longer agreement. Within 120 days after the the operating limit, a new procedure in close of the comment period on the than 60 days). 40 CFR 63.7323(c)(3) requires that the If repairs can be completed within 60 proposal, EPA must submit for static pressure at the inlet of the control publication in the Federal Register a days from the date that the problem is device or fan RPM during each push discovered, the owner or operator must notice setting forth the Administrator’s sampled for each particulate matter final decision on the issues covered by submit a written notice to the permitting (PM) test run during the performance authority within 30 days after the date the proposal. test be measured and recorded. The Concurrent with development of the that the problem is discovered. The operating limit for static pressure is the notice must contain specific proposed settlement agreement, a coke minimum vacuum recorded during any manufacturer constructing a new non- information, including a description of of the three runs that meets the emission the defect or deficiency, the steps recovery plant noticed a gap in the limit. The operating limit for fan RPM promulgated rule. The new source is needed to correct the problem, the is the lowest RPM recorded during any interim steps needed to mitigate the being constructed with a type of of the three runs that meets the emission emissions impact of the defect or emission control system that is not limit. To demonstrate initial deficiency, and an explanation of why addressed in the final rule. Therefore, compliance, a new provision in 40 CFR the repairs cannot be completed within the source requested EPA to develop an 63.7326(a)(4) requires that the owner or 30 days from the date that the problem appropriate emission limit for that operator have a record of the static is discovered. control system. In response, we are pressure at the inlet of the control If the repairs cannot be completed broadening the applicability of an device or fan RPM measured during the within 60 days, the owner or operator existing emissions limit to include the performance test. To demonstrate must submit a written request to the control system and are adding continuous compliance, 40 CFR permitting authority for an extension of appropriate implementation and 63.7330(d) requires the owner or time to complete the repairs. The owner compliance provisions. operator to monitor the static pressure or operator must submit this request to III. Summary of the Final Amendments or the fan RPM at all times according to the permitting authority within 45 days the requirements in 40 CFR 63.7331(i), after the date the defect or deficiency is A. What Changes Are We Making in which requires a device to measure discovered. The amendments require Response to the Settlement Agreement? static pressure at the inlet of the control that this request include the information The petitioners argued that the device or the fan RPM. A new provision required for the previous notice, along operating limit in 40 CFR 63.7290(3)(i) in 40 CFR 63.7333(d) requires the owner with a detailed proposed schedule for of the final rule for capture systems or operator to maintain the daily average completing the repairs and a request for applied to pushing emissions (which static pressure at the inlet to the control approval of the proposed repair requires the plant to maintain the daily device at an equal or greater vacuum schedule. The permitting authority may average fan motor amperage at or above than established during the initial or consider all relevant factors in deciding a certain level) was inappropriate for subsequent performance test, or to whether to approved or deny the

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request, including feasibility and safety, demonstrating initial compliance; Act, 44 U.S.C. 3501 et seq. and has and may request modifications to the installing, operating, and maintaining assigned OMB control number 2060– proposed schedule. If the permitting the CPMS; and demonstrating 0521, EPA ICR number 1995.02. A copy authority approves the request, the continuous compliance with the of the approved Information Collection approved schedule must provide for parametric operating limit. Request (ICR) may be obtained from completion of repairs as soon as Susan Auby, Collection Strategies practicable. This new requirement IV. Summary of Environmental, Energy, Division, U.S. Environmental Protection provides flexibility for unforeseen and Economic Impacts Agency (2822T), 1200 Pennsylvania circumstances but also requires The final rule amendments will have Ave., NW., Washington, DC 20460 or by accountability for making needed no effect on environmental, energy, or calling (202) 566–1672. repairs. non-air health impacts because none of Burden means the total time, effort, or the changes affect the stringency of the financial resources expended by persons B. What Other Changes Are We Making? existing emission limits. No costs or to generate, maintain, retain, or disclose A new non-recovery coke plant now economic impacts are associated with or provide information to or for a under construction will use flat car the amendments. Federal agency. This includes the time pushing along with a mobile control needed to review instructions; develop, system (closed hood capture system V. Statutory and Executive Order acquire, install, and utilize technology vented to a multicyclone) to control PM Reviews and systems for the purposes of emissions during pushing and travel to A. Executive Order 12866: Regulatory collecting, validating, and verifying the quench tower. There are no test data Planning and Review information, processing and for the proposed control system because maintaining information, and disclosing no such system has been built. Under Executive Order 12866 (58 FR and providing information; adjust the Consequently, we cannot develop an 51735, October 4, 1993), the EPA must existing ways to comply with any alternative emissions limit. However, determine whether the regulatory action previously applicable instructions and the existing emission limit of 0.04 is ‘‘significant’’ and, therefore, subject to requirements; train personnel to be able pound per ton of coke in 40 CFR review by the Office of Management and to respond to a collection of 63.7290(a)(4), which applies to mobile Budget (OMB) and the requirements of information; search data sources; scrubber cars that capture emissions the Executive Order. The Executive complete and review the collection of during travel, covers a comparable Order defines a ‘‘significant regulatory information; and transmit or otherwise situation. Therefore, we are changing action’’ as one that is likely to result in disclose the information. the applicability of the limit from a rule that may: An agency may not conduct or ‘‘mobile scrubber car’’ to ‘‘mobile (1) Have an annual effect on the sponsor, and a person is not required to control device.’’ Thus, the existing limit economy of $100 million or more or respond to, a collection of information will apply to any type of mobile control adversely affect in a material way the unless it displays a currently valid OMB device applied to pushing emissions economy, a sector of the economy, control number. The OMB control that also captures emissions during productivity, competition, jobs, the numbers for EPA’s regulations in 40 travel at a new or existing coke oven environment, public health or safety, or CFR part 63 are listed in 40 CFR part 9. battery. State, local, or tribal governments or While the existing rule contains communities; C. Regulatory Flexibility Act monitoring provisions for scrubbers, (2) create a serious inconsistency or The EPA has determined that it is not baghouse, and capture systems, it does otherwise interfere with an action taken necessary to prepare a regulatory not include requirements applicable to or planned by another agency; flexibility analysis in connection with multicyclones. Therefore, we have (3) materially alter the budgetary the final rule amendments. added an operating limit to the final impact of entitlement, grants, user fees, For the purposes of assessing the rule, along with requirements for or loan programs or the rights and impacts of today’s final amendments on demonstrating initial and continuous obligations of recipients thereof; or small entities, small entity is defined as: compliance. Based on information in (4) raise novel legal or policy issues (1) A small business having no more EPA’s 1998 ‘‘Compliance Assurance arising out of legal mandates, the than 1,000 employees, as defined by the Monitoring Technical Guidance President’s priorities, or the principles Small Business Administration for Document’’ (available at http:// set forth in the Executive Order. NAICS codes 331111 and 324199; (2) a www.epa.gov/ttn/emc/cam), we selected It has been determined that this action government jurisdiction that is a pressure drop as the indicator of proper is not a ‘‘significant regulatory action’’ government of a city, county, town, control device performance. For under the terms of Executive Order school district or special district with a multicyclones, control efficiency is a 12866, and is, therefore, not subject to population of less than 50,000; and (3) function of inlet velocity, and changes OMB review. a small organization that is any not-for- in velocity result in changes in pressure profit enterprise which is independently B. Paperwork Reduction Act drop across the device. If the inlet owned and operated and that is not velocity exceeds a certain level, This action does not impose any new dominant in its field. turbulence becomes excessive and information collection burden. The After considering the economic control efficiency decreases. Therefore, costs of the information collection impacts of today’s final amendments on the operating limit requires the owner or requirements associated with the small entities, the EPA has concluded operator to maintain the pressure drop provisions related to the settlement that this action will not have a at or below the level established during agreement do not increase the existing significant economic impact on a the initial performance test. A burden estimates for the final rule. The substantial number of small entities. In continuous parameter monitoring OMB has previously approved the determining whether a rule has a system (CPMS) is required to measure information collection requirements significant economic impact on a and record the pressure drop across the contained in the existing rule (40 CFR substantial number of small entities, the device. We also added rule provisions part 63, subpart CCCCC) under the impact of concern is any significant for establishing an operating limit; provisions of the Paperwork Reduction adverse economic impact on small

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entities, since the primary purpose of proposals with significant Federal implications, as specified in Executive the regulatory flexibility analyses is to intergovernmental mandates, and Order 13175, because tribal identify and address regulatory informing, educating, and advising governments do not own or operate any alternatives ‘‘which minimize any small governments on compliance with sources subject to the final rule significant economic impact of the the regulatory requirements. amendments. Thus, Executive Order proposed rule on small entities’’ (5 The EPA has determined that the final 13175 does not apply to the final rule U.S.C. 603 and 604). Thus, an agency amendments do not contain a Federal amendments. may conclude that a rule will not have mandate that may result in expenditures G. Executive Order 13045: Protection of a significant economic impact on a of $100 million or more for State, local, Children From Environmental Health substantial number of small entities if and tribal governments, in the aggregate, and Safety Risks the rule relieves regulatory burden, or or to the private sector in any 1 year. No otherwise has a positive economic effect new costs are attributable to the final Executive Order 13045 (62 FR 19885, on all of the small entities subject to the amendments. Thus, the final rule April 23, 1997) applies to any rule that: rule. amendments are not subject to the (1) Is determined to be ‘‘economically We believe there will be a positive requirements of sections 202 and 205 of significant,’’ as defined under Executive impact on small entities because the the UMRA. The EPA has also Order 12866, and (2) concerns an final rule amendments add new determined that the final rule environmental health or safety risk that compliance provisions to increase amendments contain no regulatory EPA has reason to believe may have a flexibility. These changes are voluntary requirements that might significantly or disproportionate effect on children. If and do not impose new costs. We have, uniquely affect small governments the regulatory action meets both criteria, therefore, concluded that today’s final because they contain no requirements the EPA must evaluate the rule amendments will relieve regulatory that apply to such governments or environmental health or safety effects of burden for all small entities. impose obligations upon them. the planned rule on children and Therefore, the final rule amendments explain why the planned regulation is D. Unfunded Mandates Reform Act are not subject to section 203 of the preferable to other potentially effective Title II of the Unfunded Mandates UMRA. and reasonably feasible alternatives Reform Act of 1995 (UMRA), Public considered by the Agency. Law 104–4, establishes requirements for E. Executive Order 13132: Federalism We interpret Executive Order 13045 Federal agencies to assess the effects of Executive Order 13132 (64 FR 43255, as applying only to those regulatory their regulatory actions on State, local, August 10, 1999) requires EPA to actions that are based on health or safety and tribal governments and the private develop an accountable process to risks, such that the analysis required sector. Under section 202 of the UMRA, ensure ‘‘meaningful and timely input by under section 5–501 of the Executive the EPA generally must prepare a State and local officials in the Order has the potential to influence the written statement, including a cost- development of regulatory policies that regulation. The final rule amendments benefit analysis, for proposed and final have federalism implications.’’ ‘‘Policies are not subject to Executive Order 13045 rules with ‘‘Federal mandates’’ that may that have federalism implications’’ is because the final rule (and these result in expenditures by State, local, defined in the Executive Order to amendments) are based on technology and tribal governments, in the aggregate, include regulations that have performance and not on health or safety or by the private sector, of $100 million ‘‘substantial direct effects on the States, risks. or more in any 1 year. Before on the relationship between the national promulgating an EPA rule for which a government and the States, or on the H. Executive Order 13211: Actions That written statement is needed, section 205 distribution of power and Significantly Affect Energy Supply, of the UMRA generally requires the EPA responsibilities among the various Distribution, or Use to identify and consider a reasonable levels of government.’’ These final amendments are not number of regulatory alternatives and The final rule amendments do not subject to Executive Order 13211 (66 FR adopt the least costly, most cost- have federalism implications. They will 28355, May 22, 2001) because they are effective, or least-burdensome not have substantial direct effects on the not a significant regulatory action under alternative that achieves the objectives States, on the relationship between the Executive Order 12866. of the rule. The provisions of section national government and the States, or I. National Technology Transfer 205 do not apply when they are on the distribution of power and Advancement Act inconsistent with applicable law. responsibilities among the various Moreover, section 205 allows the EPA to levels of government, as specified in As noted in the proposed adopt an alternative other than the least- Executive Order 13132. None of the amendments, Section 112(d) of the costly, most cost-effective, or least- affected plants are owned or operated by National Technology Transfer and burdensome alternative if the State governments. Thus, Executive Advancement Act (NTTAA) of 1995 Administrator publishes with the final Order 13132 does not apply to the final (Pub. L. 104–113; 15 U.S.C 272 note) rule an explanation why that alternative rule amendments. directs the EPA to use voluntary was not adopted. Before the EPA consensus standards in their regulatory establishes any regulatory requirements F. Executive Order 13175: Consultation and procurement activities unless to do that may significantly or uniquely affect and Coordination With Indian Tribal so would be inconsistent with small governments, including tribal Governments applicable law or otherwise governments, it must have developed Executive Order 13175 (65 FR 67249, impracticable. Voluntary consensus under section 203 of the UMRA a small November 6, 2000) requires EPA to standards are technical standards (e.g., government agency plan. The plan must develop an accountable process to material specifications, test methods, provide for notifying potentially ensure ‘‘meaningful and timely input by sampling procedures, business affected small governments, enabling tribal officials in the development of practices) developed or adopted by one officials of affected small governments regulatory policies that have tribal or more voluntary consensus bodies. to have meaningful and timely input in implications.’’ The final rule The NTTAA requires EPA to provide the development of EPA regulatory amendments do not have tribal Congress, through the OMB,

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explanations when the Agency decides (b) You must meet each operating repairs within 60 days after the date that not to use available and applicable limit in paragraphs (b)(1) through (4) of the defect or deficiency is discovered. voluntary consensus standards. this section that applies to you for a new (ii) In those rare instances when The EPA’s compliance with section or existing coke oven battery. repairs cannot be completed within 60 112(d) of the NTTAA has been * * * * * days, you must submit a written request addressed in the preamble to the (3) For each capture system applied to for extension of time to complete the existing rule (68 FR 18025, April 14, pushing emissions, you must maintain repairs. The request must be received by 2003). The final rule amendments do the daily average volumetric flow rate at the permitting authority not more than not involve technical standards. the inlet of the control device at or 45 days after the date that the defect or Therefore, EPA is not considering the above the minimum level established deficiency is discovered. The request use of any voluntary consensus during the initial performance test; or must contain all of the information standards. (i) For each capture system that uses required for the written notice described in paragraph (c)(1)(i) of this section, J. Congressional Review Act an electric motor to drive the fan, you must maintain the daily average fan along with a detailed proposed schedule The Congressional Review Act, 5 motor amperes at or above the minimum for completing the repairs and a request U.S.C. 801 et seq., as added by the Small level established during the initial for approval of the proposed repair Business Regulatory Enforcement performance test; and schedule. The permitting authority may Fairness Act of 1996, generally provides (ii) For each capture system that does consider all relevant factors in deciding that before a rule may take effect, the not use a fan driven by an electric whether to approve or deny the request agency promulgating the rule must motor, you must maintain the daily (including feasibility and safety). Each submit a rule report, which includes a average static pressure at the inlet to the approved schedule must provide for copy of the rule, to each House of the control device at an equal or greater completion of repairs as expeditiously Congress and to the Comptroller General vacuum than the level established as practicable, and the permitting of the United States. The EPA will during the initial performance test or authority may request modifications to submit a report containing this rule and maintain the daily average fan the proposed schedule as part of the other required information to the U.S. revolutions per minute (RPM) at or approval process. Senate, the U.S. House of above the minimum level established * * * * * Representatives, and the Comptroller during the initial performance test. I 4. Section 63.7323 is amended as General of the United States prior to (4) For each multicyclone, you must follows: publication of the rule in the Federal maintain the daily average pressure I a. Revising paragraph (c); Register. This action is not a ‘‘major drop at or below the minimum level I b. Redesignating paragraph (d) as (e); rule’’ as defined by 5 U.S.C. 804(2). The established during the initial I c. Adding new paragraph (d); and I final rule amendments will be effective performance test. d. Revising newly designated on January 11, 2005. paragraph (e) introductory text and I 3. Section 63.7300 is amended as revising newly designated paragraph List of Subjects in 40 CFR Part 63 follows: (e)(3). Environmental protection, Air I a. Removing the third (last) sentence in pollution control, Hazardous paragraph (c)(1) and adding in its place § 63.7323 What procedures must I use to substances, Reporting and a new sentence; and establish operating limits? recordkeeping requirements. I b. Adding new paragraphs (c)(1)(i) and * * * * * (ii). (c) For a capture system applied to Dated: October 4, 2004. pushing emissions from a coke oven Michael O. Leavitt, § 63.7300 What are my operation and battery, you must establish a site- maintenance requirements? Administrator. specific operating limit according to the I For the reasons set out in the preamble, * * * * * procedures in paragraphs (c)(1), (2), or title 40, chapter I, part 63 of the Code of (c) * * * (3) of this section. Federal Regulations is amended as (1) * * * In the event a defect or (1) If you elect the operating limit in follows: deficiency is found in the capture § 63.7290(b)(3) for volumetric flow rate, system (during a monthly inspection or measure and record the total volumetric PART 63—[AMENDED] between inspections), you must flow rate at the inlet of the control complete repairs within 30 days after I device during each push sampled for 1. The authority citation for part 63 the date that the defect or deficiency is continues to read as follows: each particulate matter test run. Your discovered except as specified in operating limit is the lowest volumetric Authority: 42 U.S.C. 7401 et seq. paragraphs (c)(1)(i) and (ii) of this flow rate recorded during any of the section. three runs that meet the emission limit. Subpart CCCCC—[Amended] (i) If you determine that the repairs (2) If you elect the operating limit in can be completed within 60 days, you I 2. Section 63.7290 is amended by § 63.7290(b)(3)(i) for fan motor amperes, must submit a written notice that must revising paragraphs (a)(4), (b) measure and record the fan motor be received by the permitting authority introductory text, and (b)(3) and by amperes during each push sampled for within 30 days after the date that the adding new paragraph (b)(4) to read as each particulate matter test run. Your defect or deficiency is discovered. Your follows: operating limit is the lowest fan motor notice must contain a description of the amperes recorded during any of the § 63.7290 What emission limitations must I defect or deficiency, the steps needed three runs that meet the emission limit. meet for capture systems and control and taken to correct the problem, the (3) If you elect the operating limit in devices applied to pushing emissions? interim steps being taken to mitigate the § 63.7290(b)(3)(ii) for static pressure or (a) * * * emissions impact of the defect or fan RPM, measure and record the static (4) 0.04 lb/ton of coke if a mobile deficiency, and an explanation of why pressure at the inlet of the control control device that captures emissions the repairs cannot be completed within device or fan RPM during each push during travel is used. 30 days. You must then complete the sampled for each particulate matter test

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run. Your operating limit for static (iii) If you elect the operating limit in measure static pressure at the inlet of pressure is the minimum vacuum § 63.7290(b)(3)(ii) for static pressure or the control device or the fan RPM. recorded during any of the three runs fan RPM, you have a record of the static (j) For each by-product coke oven that meets the emission limit. Your pressure at the inlet of the control battery, you must install, operate, and operating limit for fan RPM is the lowest device or fan RPM measured during the maintain a COMS to measure and record fan RPM recorded during any of the performance test in accordance with the opacity of emissions exiting each three runs that meets the emission limit. § 63.7323(c)(3). stack according to the requirements in (d) For a multicyclone applied to (5) For each multicyclone applied to paragraphs (j)(1) through (5) of this pushing emissions from a coke oven pushing emissions, you have section. battery, you must establish a site- established an appropriate site-specific * * * * * specific operating limit for pressure operating limit and have a record of the (k) For each multicyclone applied to drop according to the procedures in pressure drop measured during the pushing emissions, you must install, paragraphs (d)(1) and (2) of this section. performance test in accordance with operate, and maintain CPMS to measure (1) Using the CPMS required in § 63.7323(d). and record the pressure drop across § 63.7330(f), measure and record the * * * * * each multicyclone during each push pressure drop for each particulate I 6. Section 63.7330 is amended by according to the requirements in matter test run during periods of revising paragraphs (d) and (e) and by paragraphs (b) through (d) of this pushing. A minimum of one pressure adding paragraph (f) to read as follows: section except as specified in drop measurement must be obtained for paragraphs (e)(1) through (3) of this each push. § 63.7330 What are my monitoring section. requirements? (2) Compute and record the average I 8. Section 63.7333 is amended as pressure drop for each test run. Your * * * * * follows: operating limit is the highest average (d) For each capture system applied to I a. Revising paragraph (d); pressure drop value recorded during pushing emissions, you must at all I b. Revising paragraph (e)(2); and any of the three runs that meet the times monitor the volumetric flow rate I c. Adding new paragraph (h). emission limit. according to the requirements in (e) You may change the operating § 63.7331(g), the fan motor amperes § 63.7333 How do I demonstrate according to the requirements in continuous compliance with the emission limit for a venturi scrubber, capture limitations that apply to me? system, or mobile control device that § 63.7331(h), or the static pressure or the captures emissions during pushing if fan RPM according to the requirements * * * * * you meet the requirements in in § 63.7331(i). (d) For each capture system applied to paragraphs (e)(1) through (3) of this (e) For each by-product coke oven pushing emissions and subject to the section. battery, you must monitor at all times operating limit in § 63.7290(b)(3), you must demonstrate continuous * * * * * the opacity of emissions exiting each stack using a COMS according to the compliance by meeting the (3) Establish revised operating limits requirements in paragraph (d)(1), (2), or according to the applicable procedures requirements in § 63.7331(j). (f) For each multicyclone applied to (3) of this section: in paragraphs (a) through (d) of this (1) If you elect the operating limit for section. pushing emissions, you must monitor at all times the pressure drop using a volumetric flow rate in § 63.7290(b)(3): I 5. Section 63.7326 is amended as CPMS according to the requirements in (i) Maintaining the daily average follows: § 63.7331(k). volumetric flow rate at the inlet of the I a. Revising paragraph (a)(1)(iii); I 7. Section 63.7331 is amended as control device at or above the minimum I b. Revising paragraphs (a)(4)(i) and follows: level established during the initial or (a)(4)(ii); I subsequent performance test; and I a. Revising paragraphs (g) and (h); c. Adding paragraph (a)(4)(iii); and I (ii) Checking the volumetric flow rate I b. Redesignating paragraph (i) as (j) d. Adding paragraph (a)(5). and revising newly designated paragraph at least every 8 hours to verify the daily average is at or above the minimum § 63.7326 How do I demonstrate initial (j) introductory text; compliance with the emission limitations I c. Adding new paragraph (i); and level established during the initial or that apply to me? I d. Adding new paragraph (k). subsequent performance test and recording the results of each check. (a) * * * § 63.7331 What are the installation, (2) If you elect the operating limit for (1) * * * operation, and maintenance requirements fan motor amperes in § 63.7290(b)(3)(i): (iii) 0.04 lb/ton of coke if a mobile for my monitors? (i) Maintaining the daily average fan control device that captures emissions * * * * * motor amperages at or above the during travel is used. (g) If you elect the operating limit in minimum level established during the * * * * * § 63.7290(b)(3) for a capture system initial or subsequent performance test; (4) * * * applied to pushing emissions, you must and (i) If you elect the operating limit in install, operate, and maintain a device (ii) Checking the fan motor amperage § 63.7290(b)(3) for volumetric flow rate, to measure the total volumetric flow rate at least every 8 hours to verify the daily you have a record of the total volumetric at the inlet of the control device. average is at or above the minimum flow rate at the inlet of the control (h) If you elect the operating limit in level established during the initial or device measured during the § 63.7290(b)(3)(i) for a capture system subsequent performance test and performance test in accordance with applied to pushing emissions, you must recording the results of each check. § 63.7323(c)(1); or install, operate, and maintain a device (3) If you elect the operating limit for (ii) If you elect the operating limit in to measure the fan motor amperes. static pressure or fan RPM in § 63.7290(b)(3)(i) for fan motor amperes, (i) If you elect the operating limit in § 63.7290(b)(3)(ii): you have a record of the fan motor § 63.7290(b)(3)(ii) for a capture system (i) Maintaining the daily average static amperes during the performance test in applied to pushing emissions, you must pressure at the inlet to the control accordance with § 63.7323(c)(2); or install, operate and maintain a device to device at an equal or greater vacuum

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than established during the initial or DATES: This regulation is effective for readers regarding entities likely to be subsequent performance test or the daily October 13, 2004. Objections and affected by this action. Other types of average fan RPM at or above the requests for hearings must be received entities not listed in this unit could also minimum level established during the on or before December 13, 2004. be affected. The North American initial or subsequent performance test; ADDRESSES: To submit a written Industrial Classification System and objection or hearing request follow the (NAICS) codes have been provided to (ii) Checking the static pressure or fan detailed instructions as provided in assist you and others in determining RPM at least every 8 hours to verify the Unit VI. of the SUPPLEMENTARY whether this action might apply to daily average static pressure at the inlet INFORMATION. EPA has established a certain entities. If you have any to the control device is at an equal or docket for this action under Docket questions regarding the applicability of greater vacuum than established during identification (ID) number OPP–2004– this action to a particular entity, consult the initial or subsequent performance 0299. All documents in the docket are the person listed under FOR FURTHER test or the daily average fan RPM is at listed in the EDOCKET index at http:/ INFORMATION CONTACT. or above the minimum level established /www.epa.gov/edocket/. Although listed B. How Can I Access Electronic Copies during the initial or subsequent in the index, some information is not of this Document and Other Related performance test and recording the publicly available, i.e., CBI or other Information? results of each check. information whose disclosure is (e) * * * restricted by statute. Certain other In addition to using EDOCKET (http:/ (2) Operating and maintaining a material, such as copyrighted material, /www.epa.gov/edocket/), you may COMS and collecting and reducing the is not placed on the Internet and will be access this Federal Register document COMS data according to § 63.7331(j). publicly available only in hard copy electronically through the EPA Internet * * * * * form. Publicly available docket under the ‘‘Federal Register’’ listings at (h) For each multicyclone applied to materials are available either http://www.epa.gov/fedrgstr/. A pushing emissions and subject to the electronically in EDOCKET or in hard frequently updated electronic version of operating limit in § 63.7290(b)(4), you copy at the Public Information and 40 CFR part 180 is available at E-CFR must demonstrate compliance by Records Integrity Branch (PIRIB), Rm. Beta Site Two at http:// meeting the requirements in paragraphs 119, Crystal Mall #2, 1801 South Bell www.gpoaccess.gov/ecfr/. To access the (h)(1) through (3) of this section. St., Arlington, VA. This docket facility OPPTS Harmonized Guidelines (1) Maintaining the daily average is open from 8:30 a.m. to 4 p.m., referenced in this document, go directly pressure drop at a level at or below the Monday through Friday, excluding legal to the guidelines at http://www.epa.gpo/ level established during the initial or holidays. The docket telephone number opptsfrs/home/guidelin.htm/. subsequent performance test. is (703) 305–5805. II. Background and Statutory Findings (2) Operating and maintaining each FOR FURTHER INFORMATION CONTACT: CPMS according to § 63.7331(k) and In the Federal Register of May 26, Mary L. Waller, Registration Division 2004 (69 FR 29940) (FRL–7357–4), EPA recording all information needed to (7505C), Office of Pesticide Programs, document conformance with these issued a notice pursuant to section Environmental Protection Agency, 1200 408(d)(3) of FFDCA, 21 U.S.C. requirements. Pennsylvania Ave., NW., Washington, (3) Collecting and reducing 346a(d)(3), announcing the filing of a DC 20460–0001; telephone number: pesticide petition (PP 8E5017) by K-I monitoring data for pressure drop (703) 308–9354; e-mail address: according to § 63.7331(e)(1) through (3). Chemical U.S.A., Inc., 11 Martine Ave., [email protected]. 9th Floor, White Plains, NY 10606. That [FR Doc. 04–22871 Filed 10–12–04; 8:45 am] SUPPLEMENTARY INFORMATION: notice included a summary of the BILLING CODE 6560–50–P petition prepared by K-I Chemical I. General Information U.S.A., the petitioner. One comment A. Does this Action Apply to Me? from a private citizen was received in ENVIRONMENTAL PROTECTION response to the notice of filing. The AGENCY You may be potentially affected by this action if you are an agricultural petition requested that 40 CFR part 180 40 CFR Part 180 producer, food manufacturer, or be amended by establishing tolerances pesticide manufacturer. Potentially for combined residues of the fungicide [OPP–2004–0299; FRL–7681–8] affected entities may include, but are mepanipyrim in or on grape at 2.0 parts per million (ppm); grape, raisin at 4.0 Mepanipyrim; Pesticide Tolerances not limited to: • Crop production (NAICS 111), e.g., ppm; strawberry at 1.5 ppm; and tomato AGENCY: Environmental Protection agricultural workers; greenhouse, at 0.5 ppm. Agency (EPA). nursery, and floriculture workers; Section 408(b)(2)(A)(i) of FFDCA ACTION: Final rule. farmers. allows EPA to establish a tolerance (the • Animal production (NAICS 112), legal limit for a pesticide chemical SUMMARY: This regulation establishes a e.g., cattle ranchers and farmers, dairy residue in or on a food) only if EPA tolerance for combined residues of cattle farmers, livestock farmers. determines that the tolerance is ‘‘safe.’’ mepanipyrim, 4-methyl-N-phenyl-6-(1- • Food manufacturing (NAICS 311), Section 408(b)(2)(A)(ii) of FFDCA propynyl)-2-pyrimidinamine, and its e.g., agricultural workers; farmers; defines ‘‘safe’’ to mean that ‘‘there is a metabolite, 4-methyl-N-phenyl-6-(2- greenhouse, nursery, and floriculture reasonable certainty that no harm will hydroxypropyl)-2-pyrimidinamine, both workers; ranchers; pesticide applicators. result from aggregate exposure to the free and conjugated in or on grape; • Pesticide manufacturing (NAICS pesticide chemical residue, including grape, raisin; strawberry; and tomato. K- 32532), e.g., agricultural workers; all anticipated dietary exposures and all I Chemical U.S.A., Inc., requested these commercial applicators; farmers; other exposures for which there is tolerances under the Federal Food, greenhouse, nursery, and floriculture reliable information.’’ This includes Drug, and Cosmetic Act (FFDCA), as workers; residential users. exposure through drinking water and in amended by the Food Quality Protection This listing is not intended to be residential settings, but does not include Act of 1996 (FQPA). exhaustive, but rather provides a guide occupational exposure. Section

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408(b)(2)(C) of FFDCA requires EPA to III. Aggregate Risk Assessment and A. Toxicological Profile give special consideration to exposure Determination of Safety of infants and children to the pesticide EPA has evaluated the available chemical residue in establishing a Consistent with section 408(b)(2)(D) toxicity data and considered its validity, tolerance and to ‘‘ensure that there is a of FFDCA, EPA has reviewed the completeness, and reliability as well as reasonable certainty that no harm will available scientific data and other the relationship of the results of the result to infants and children from relevant information in support of this studies to human risk. EPA has also aggregate exposure to the pesticide action. EPA has sufficient data to assess considered available information chemical residue....’’ the hazards of and to make a concerning the variability of the EPA performs a number of analyses to determination on aggregate exposure, sensitivities of major identifiable determine the risks from aggregate consistent with section 408(b)(2) of subgroups of consumers, including exposure to pesticide residues. For FFDCA, for tolerances for combined infants and children. The nature of the further discussion of the regulatory residues of mepanipyrim and its toxic effects caused by mepanipyrim are requirements of section 408 of FFDCA metabolite in or on grape at 1.5 ppm; discussed in Table 1 of this unit as well and a complete description of the risk grape, raisin at 3.0 ppm; strawberry at as the no-observed-adverse-effect-level assessment process, see the final rule on 1.5 ppm; and tomato at 0.5 ppm. EPA’s (NOAEL) and the lowest-observed- Bifenthrin Pesticide Tolerances (62 FR assessment of exposures and risks adverse-effect-level (LOAEL) from the 62961, November 26, 1997) (FRL–5754– associated with establishing the 7). tolerance follows. toxicity studies reviewed.

TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY

Guideline No. Study Type Results

870.3100 90-Day oral toxicity ro- NOAEL = ≥ 55.9/61.3 milligrams/kilogram/day dents (rat) LOAEL = Not established

870.3100 90-Day oral toxicity ro- NOAEL = Not established dents (rat) LOAEL = 109/120 mg/kg/day, based on increased total bilirubin, alkaline phos- phatase, phospholipids, non-esterified fatty acids in males; increased fatty liver changes in both sexes; decreased food efficiency, triglycerides, and phospholipids and increased incidence of hepatic abnormalities (yellowish, malformative nodules, granulation, hepatodiaphragmatic nodule, and fatty change) in females.

870.3100 90-Day oral toxicity ro- NOAEL = 182/224/mg/kg/day dents (mouse) LOAEL = 603/675 mg/kg/day (male/female (M/F)), based on increased absolute and relative (to body) liver weights in both sexes, increased severity of anisonucleosis in male liver, and increased food consumption in males.

870.3150 90-Day oral toxicity in non- NOAEL = Not established rodents (dog) LOAEL = 15 mg/kg/day (M/F), based on increased incidences of minimal pigment deposition in the Kupffer cells and hepatocytes and increased alanine aminotransferase in both sexes.

870.3150 90-Day oral toxicity in non- NOAEL = 7.5 mg/kg/day rodents (dog) LOAEL = Not established

870.3700 Prenatal developmental in Maternal NOAEL = 750/mg/kg/day rodents (rat) LOAEL was not established. Developmental NOAEL = 750 mg/kg/day LOAEL was not established.

870.3700 Prenatal developmental in Maternal NOAEL = 90/mg/kg/day nonrodents (rabbit) LOAEL was not established. Developmental NOAEL = 90 mg/kg/day LOAEL was not established.

870.3800 Reproduction and fertility Parental/Systemic NOAEL = 3.7/mg/kg/day effects (rats) LOAEL = 11.2/12.7 mg/kg/day, based on increased incidence of periacinar hepatocytic fatty vacuolation in the P and F1 generation males. Reproductive NOAEL = 11.2/12.7 mg/kg/day LOAEL was not established. Offspring NOAEL = 3.7/4.2/mg/kg/day LOAEL = 11.2/12.7 mg/kg/day, based on focal inflammation with associated hepatocytic vacuolation in the males, periacinar/panacinar hepatocytic fatty vacuolation and increased absolute liver eights in the females, and increased rel- ative (to body) liver weights in both sexes.

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

Guideline No. Study Type Results

870.3800 Reproduction and fertility Parental/Systemic NOAEL was not established. effects (rats) LOAEL = 10.5/12.0 mg/kg/day (M/F), based on increased incidence of periacinar hepatocytic fatty vacuolation in the F1 males. Reproductive NOAEL = 141.9/165.7/mg/kg/day (M/F) LOAEL was not established. Offspring NOAEL = 3.7/4.2 mg/kg/day (M/F) LOAEL = 10.5/12.0 mg/kg/day (M/F), based on increased liver weights, macroscopic hepatic findings (accentuated lobular pattern and pale liver), and hepatocytic fatty vacuolation.

870.4300 Combined chronic toxicity/ NOAEL = 7.34/9.29/mg/kg/day carcinogenicity rodents LOAEL = 100/125 mg/kg/day based on increased incidence of clinical signs of toxicity (rat) in males, decreased body weight, body weight gain and food efficiency in both sexes, and evidence of hepatotoxicity, nephrotoxicity, and fatty acid/lipid metabo- lism disruption in both sexes. Evidence of carcinogenicity, based on hepatocellular adenomas in females.

870.4100 Chronic toxicity dogs NOAEL = 7.5 mg/kg/day LOAEL = 50 mg/kg/day (M/F), based on decreased body weights, body weight gains, and food consumption in females; increased leukocytes (neutrophils and lymphocytes), decreased erythroid series, and increased myeloid to erythroid ratio in both sexes; and indications of liver toxicity, including increased ALT, alkaline phosphatase, and ornithine carbamyl transferase, and lipofuscin, enlargement, and inflammatory infiltrate in the hepatocytes of both sexes.

870.4300 Carcinogenicity mice NOAEL = 56/68 (M/F) mg/kg/day LOAEL = 578/681 mg/kg/day (M/F), based on decreased body weights, body weight gains, and food efficiency in males, absolute and relative to body liver weights in both sexes, and gross and microscopic hepatic lesions in both sexes. Evidence of carcinogenicity, based on hepatocellular adenomas and carcinomas in male and female mice.

870.5100 Reverse gene mutation There was no evidence of induced mutant colonies over background. assay in bacteria

870.5300 Forward gene mutation There was no evidence that KIF 3535 induced mutant colonies over background in assay in mammalian the ± S9 activation. cells

870.5375 In vitro mammalian cyto- Not clastogenic with or without S9 activation, at any dose tested. genetic assay

870.5385 In vivo mammalian cyto- No increase in aberrant cells were seen in the bone marrow chromosomal aberration genetic assay assay.

870.5395 In vivo mammalian cyto- Did not induce micronucleated polychromatic erythrocytes (PMCEs) in bone marrow genetic assay at any dose.

870.5500 Bacterial DNA damage No evidence that DNA damage was induced. and repair test

870.5550 UDS synthesis in mamma- Did not induce UDS at any dose. lian cell culture

870.7485 Metabolism and phar- In an unacceptable rat metabolism study mepanipyrim was readily absorbed from the macokinetics (rat) gastrointestinal tract and about 96% of the administered dose was eliminated in feces and urine. Bile was the major route of excretion (72%); and less than 0.1% of the dose was eliminated in expired air. There was no sex difference in absorp- tion and elimination of mepanipyrim. Parent and up to 16 metabolites were pur- ported to be identified; however, > 5% of the administered dose was not accounted or analyzed in the excreta.

Non-guideline Mechanism of fatty liver Dietary administration of 4,000 ppm KIF 3535 to male rats may cause fatty liver by a (rats) mechanism inhibiting the synthesis and/or transport and release of VLDL from the liver, as demonstrated by decreased acetate incorporation, decreased serum lipid concentrations, increased liver lipid concentrations, decreased VLDL, LDL, and HDL-triglycerides and HDL-cholesterol levels in serum, and decreased adipose tis- sue weight.

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

Guideline No. Study Type Results

Non-guideline Oxidative damage to he- Measurement of liver 8-hydroxyguanine were inconsistent and not accompanied by patic DNA (females rats vehicle control data, therefore, interpretation of the results were inconclusive. and mice)

Non-guideline Induction of lipid Oral or dietary administration of the test compound did not induce hepatic lipid peroxidation (female peroxidation as measured by thiobarbituric acid-reactive compounds in either fe- rats and mice) male rats or mice in this study.

Non-guideline Induction of mixed function Dietary administration of mepanipyrim induced cytochrome P-450 and aminopyrine N- oxidase (female rats demthylase activities in the female rat and aminopyrine N-demthylase activity in fe- and mice) male mice.

Non-guideline Promotion of liver carcino- Liver is the target organ, consistent with other studies. The test compound may/or genesis (rats) may not act as a tumor promoting agent in the two-stage model of hepatic carcino- genesis utilized in the current study.

Non-guideline Liver enzyme induction Single oral administration of 5000 mg/kg or multiple administrations of 3000 mg/kg/ (mice) day KIF-3535 to male mice causes hepatotoxicity (increased liver weights, cellular hypertrophy, and increase in cell proliferation) and increase in liver metabolic en- zymes (cytochrome P-450).

Non-guideline Liver enzyme induction Single administration of 5,000 mg/kg or multiple administrations of 2,000 mg/kg KIF- (rat) 3535 to rats caused decrease in body weights, hepatotoxicity (increased liver weights, discoloration, cellular hypertrophy, fatty changes, elevated GPT and GOT, and increase in cell proliferation) and increase in mild increase in liver metabolic enzymes (cytochrome P-450).

B. Toxicological Endpoints term ‘‘special FQPA safety factor’’ refers the NOAEL to exposures (margin of The dose at which no adverse effects to those safety factors that are deemed exposure (MOE) = NOAEL/exposure) is are observed (the NOAEL) from the necessary for the protection of infants calculated and compared to the LOC. toxicology study identified as and children primarily as a result of the The linear default risk methodology appropriate for use in risk assessment is FQPA. The ‘‘default FQPA safety factor’’ (Q*) is the primary method currently used to estimate the toxicological level is the additional 10X safety factor that used by the Agency to quantify of concern (LOC). However, the lowest is mandated by the statute unless it is carcinogenic risk. The Q* approach dose at which adverse effects of concern decided that there are reliable data to assumes that any amount of exposure are identified (the LOAEL) is sometimes choose a different additional factor will lead to some degree of cancer risk. used for risk assessment if no NOAEL (potentially a traditional uncertainty A Q* is calculated and used to estimate was achieved in the toxicology study factor or a special FQPA safety factor). risk which represents a probability of selected. An uncertainty factor (UF) is For dietary risk assessment (other occurrence of additional cancer cases applied to reflect uncertainties inherent than cancer) the Agency uses the UF to (e.g., risk). An example of how such a in the extrapolation from laboratory calculate an acute or chronic reference probability risk is expressed would be to animal data to humans and in the dose (acute RfD or chronic RfD) where describe the risk as one in one hundred variations in sensitivity among members the RfD is equal to the NOAEL divided thousand (1 X 10-5), one in a million (1 of the human population as well as by an UF of 100 to account for X 10-6), or one in ten million (1 X 10-7). other unknowns. An UF of 100 is interspecies and intraspecies differences Under certain specific circumstances, routinely used, 10X to account for and any traditional uncertainty factors MOE calculations will be used for the interspecies differences and 10X for deemed appropriate (RfD = NOAEL/UF). carcinogenic risk assessment. In this intraspecies differences. Where a special FQPA safety factor or non-linear approach, a ‘‘point of Three other types of safety or the default FQPA safety factor is used, departure’’ is identified below which uncertainty factors may be used: this additional factor is applied to the carcinogenic effects are not expected. ‘‘Traditional uncertainty factors;’’ the RfD by dividing the RfD by such The point of departure is typically a ‘‘special FQPA safety factor;’’ and the additional factor. The acute or chronic NOAEL based on an endpoint related to ‘‘default FQPA safety factor.’’ By the Population Adjusted Dose (aPAD or cancer effects though it may be a term ‘‘traditional uncertainty factor,’’ cPAD) is a modification of the RfD to different value derived from the dose EPA is referring to those additional accommodate this type of safety factor. response curve. To estimate risk, a ratio uncertainty factors used prior to FQPA For non-dietary risk assessments of the point of departure to exposure passage to account for database (other than cancer) the UF is used to (MOEcancer = point of departure/ deficiencies. These traditional determine the LOC. For example, when exposures) is calculated. uncertainty factors have been 100 is the appropriate UF (10X to A summary of the toxicological incorporated by the FQPA into the account for interspecies differences and endpoints for mepanipyrim used for additional safety factor for the 10X for intraspecies differences) the human risk assessment is shown in protection of infants and children. The LOC is 100. To estimate risk, a ratio of Table 2 of this unit:

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TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR MEPANIPYRIM HUMAN HEALTH RISK ASSESSMENT

FQPA SF* and Level of Exposure Scenario Dose Used in Risk Assess- Concern for Risk Assess- Study and Toxicological Effects ment, UF ment

Acute Dietary Not available None An endpoint of concern attributable to a single dose was not identified. An acute RfD was not established.

Chronic Dietary all populations NOAEL= 7.3 mg/kg/day FQPA SF = 1X Chronic Toxicity - Rat UF = 100 cPAD = chronic RfD Systemic Toxicity LOAEL = 100 mg/kg/day, Chronic RfD = 0.073 mg/ FQPA SF = 0.073 mg/kg/ based on increased incidence of clinical kg/day day signs of toxicity in males, decreased body weight, body weight gain and food efficiency in both sexes, and evidence of hepatotoxicity, nephrotoxicity, and fatty acid/ lipid metabolism disruption in both sexes.

Cancer (oral, dermal, inhalation) EPA concluded that mepanipyrim is ‘‘likely to be carcinogenic to humans.’’ For risk assess- ment purposes EPA derived a Q1*= 1.35 x 10-2, based on mouse liver combined adeno- mas and carcinomas.

C. Exposure Assessment only, it was assumed that use of population in such area. In addition, the 1. Dietary exposure from food and mepanipyrim would be limited to Agency must provide for periodic feed uses. Mepanipyrim is a new Western Europe. evaluation of any estimates used. To iii. Cancer. For the cancer exposure chemical and these are the first provide for the periodic evaluation of assessment, the same assumptions as tolerances to be proposed for this the estimate of PCT as required by identified in the chronic exposure unit, chemical. Risk assessments were section 408(b)(2)(F) of FFDCA, EPA may Unit III.C.1.ii., were used. Applying the conducted by EPA to assess dietary require registrants to submit data on Q * of 0.0135 (mg/kg/day)-1 to the exposures from mepanipyrim in food as 1 PCT. exposure value results in a cancer risk The Agency used PCT information as follows: -7 estimate of 2.6 x 10 . follows: The percentage of imported i. Acute exposure. Acute dietary risk iv. Anticipated residue and percent assessments are performed for a food- crops from Western Europe which are crop treated (PCT) information. Section consumed by the United States are as use pesticide, if a toxicological study 408(b)(2)(E) of FFDCA authorizes EPA follows: Grapes, fresh - 1%; grape, juice has indicated the possibility of an effect to use available data and information on - 1%; grape, raisin - 3.3%; strawberry, of concern occurring as a result of a one- the anticipated residue levels of fresh - 1%; strawberry, juice - 31.5%; day or single exposure. There were no pesticide residues in food and the actual tomatoes, fresh - 1.3% and tomatoes, toxic effects attributable to a single dose. levels of pesticide chemicals that have processed - 4%. An endpoint of concern was not been measured in food. If EPA relies on identified to quantitate acute dietary such information, EPA must pursuant to The Agency believes that the three risk to the general population, including section 408(f)(1) of FFDCA require that conditions listed in Unit III. have been infants and children, or to the data be provided 5 years after the met. With respect to Condition 1, the subpopulation females 13–50 years old. tolerance is established, modified, or PCT estimates were derived from the Therefore, a quantitative acute exposure left in effect, demonstrating that the U.S. Department of Agriculture’s assessment was not performed. levels in food are not above the levels Economic Service and the U.S. Census ii. Chronic exposure. In conducting anticipated. Following the initial data Bureau for the period of 1981–2000 to the chronic dietary risk assessment EPA submission, EPA is authorized to determine the imported share of U.S. used the Dietary Exposure Evaluation require similar data on a time frame it consumed food. Additionally, import Model software with the Food deems appropriate. data from the Foreign Agricultural Commodity Intake Database (DEEM- Section 408(b)(2)(F) of FFDCA states Trade of the United States (FATUS) FCIDTM), which incorporates food that the Agency may use data on the database which is used as the official consumption data as reported by actual percent of food treated for United States source of import and respondents in the USDA 1994–1996 assessing chronic dietary risk only if the export data served as the source to and 1998 Nationwide Continuing Agency can make the following determine the percentage of imported Surveys of Food Intake by Individuals findings: Condition 1, that the data used grapes, strawberries, and tomatoes (CSFII), and accumulated exposure to are reliable and provide a valid basis to imported from Western Europe. Import the chemical for each commodity. The show what percentage of the food data from the years 2000 to 2003 was following assumptions were made for derived from such crop is likely to analyzed and averaged in order to the chronic exposure assessments: It contain such pesticide residue; estimate the percentage of imports. The was assumed that 100% of the crop Condition 2, that the exposure estimate Agency believes this data is reliable as imported from Western Europe was does not underestimate exposure for any the import data was stable over a 3 year treated and that anticipated residues significant subpopulation group; and period, and the United States has other based on average field trial data Condition 3, if data are available on major sources favored for import of occurred on all commodities. Since the pesticide use and food consumption in these commodities. As to Conditions 2 petitioner provided pesticide product a particular area, the exposure estimate and 3, regional consumption labels limited to use in Western Europe does not understate exposure for the information and consumption

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information for significant and mepanipyrim does not appear to observed evidence of developmental subpopulations is taken into account produce a toxic metabolite produced by neurotoxicity in short and long-term through EPA’s computer-based model other substances. For the purposes of toxicity studies in rats, mice, and dogs, for evaluating the exposure of this tolerance action, therefore, EPA has a developmental neurotoxicity (DNT) significant subpopulations including not assumed that mepanipyrim has a study is not required. several regional groups. Use of this common mechanism of toxicity with 3. Conclusion. There is a complete consumption information in EPA’s risk other substances. For information toxicity database for mepanipyrim and assessment process ensures that EPA’s regarding EPA’s efforts to determine exposure data are complete or are exposure estimate does not understate which chemicals have a common estimated based on data that reasonably exposure for any significant mechanism of toxicity and to evaluate accounts for potential exposures. There subpopulation group and allows the the cumulative effects of such is no evidence of susceptibility Agency to be reasonably certain that no chemicals, see the policy statements following in utero exposure in the regional population is exposed to released by EPA’s OPP concerning developmental toxicity studies in rats or residue levels higher than those common mechanism determinations rabbits, and in the 2-generation rat estimated by the Agency. Other than the and procedures for cumulating effects reproduction study. There are no data available through national food from substances found to have a residual uncertainties concerning pre- consumption surveys, EPA does not common mechanism on EPA’s web site and postnatal toxicity and no have available information on the at http://www.epa.gov/pesticides/ neurotoxicity concerns. The chronic and regional consumption of food to which cumulative/. cancer dietary food exposure mepanipyrim may be applied in a D. Safety Factor for Infants and assessments utilizes ARs calculated particular area. Children from field trial data and percent crop 2. Dietary exposure from drinking imported from Western Europe data for water. The proposed tolerances are for 1. In general. Section 408 of FFDCA provides that EPA shall apply an all commodities. Although refined, the imported commodities only, and there assessments are based on reliable data are no current or proposed U.S. additional tenfold margin of safety for infants and children in the case of and will not underestimate exposure/ registrations for this chemical. risk. There is no potential for drinking Therefore, there is no potential for threshold effects to account for prenatal and postnatal toxicity and the water exposure. There is no potential for exposure to mepanipyrim through residential exposure. Based on these drinking water, and a drinking water completeness of the database on toxicity and exposure unless EPA determines data and conclusions, EPA reduced the assessment was not performed. FQPA Safety Factor to 1X and a 3. From non-dietary exposure. The based on reliable data that a different developmental neurotoxicity study will term ‘‘residential exposure’’ is used in margin of safety will be safe for infants not be required. this document to refer to non- and children. Margins of safety are occupational, non-dietary exposure incorporated into EPA risk assessments E. Aggregate Risks and Determination of (e.g., for lawn and garden pest control, either directly through use of a MOE Safety indoor pest control, termiticides, and analysis or through using uncertainty flea and tick control on pets). There are (safety) factors in calculating a dose 1. Acute risk. An acute endpoint was no products containing mepanipyrim level that poses no appreciable risk to not identified in any of the toxicity proposed or registered for residential humans. In applying this provision, studies. Therefore, no acute risk is use or that may be applied by EPA either retains the default value of expected from exposure to commercial applicators to residential 10X when reliable data do not support mepanipyrim. sites. Therefore, a residential exposure the choice of a different factor, or, if 2. Chronic risk. Using the exposure assessment was not performed. reliable data are available, EPA uses a assumptions described in this unit for 4. Cumulative effects from substances different additional safety factor value chronic exposure, EPA has concluded with a common mechanism of toxicity. based on the use of traditional that exposure to mepanipyrim from food Section 408(b)(2)(D)(v) of FFDCA uncertainty factors and/or special FQPA will utilize < 1% of the cPAD for the requires that, when considering whether safety factors, as appropriate. U.S. population, < 1% of the cPAD for to establish, modify, or revoke a 2. Prenatal and postnatal sensitivity. all infants < 1 year old, and < 1 % of tolerance, the Agency consider There is no quantitative or qualitative the cPAD for children 1–2 years old. ‘‘available information’’ concerning the evidence of increased susceptibility of There are no residential uses for cumulative effects of a particular rat and rabbit fetuses to in utero mepanipyrim that result in chronic pesticide’s residues and ‘‘other exposure to mepanipyrim in residential exposure to mepanipyrim. substances that have a common developmental studies. There is no There are no current or proposed U.S. mechanism of toxicity.’’ quantitative or qualitative evidence of registrations of mepanipyrim for the Unlike other pesticides for which EPA increased susceptibility to mepanipyrim United States and, as a result, there is has followed a cumulative risk approach following pre-/postnatal exposure in a no expectation of exposure through based on a common mechanism of 2-generation reproduction study. There drinking water. Therefore, EPA does not toxicity, EPA has not made a common is no concern for developmental expect the aggregate exposure (dietary) mechanism of toxicity finding as to neurotoxicity resulting from exposure to to exceed 100% of the cPAD, as shown mepanipyrim and any other substances mepanipyrim. Since there was no in Table 3 of this unit:

TABLE 3.—SUMMARY OF CHRONIC DIETARY EXPOSURE AND RISK FOR MEPANIPYRIM

Exposure (mg/kg/day) % cPAD Population Subgroup cPAD (mg/kg/day) DEEM-FCID DEEM-FCID

General U.S. Population 0.73 19 <1

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TABLE 3.—SUMMARY OF CHRONIC DIETARY EXPOSURE AND RISK FOR MEPANIPYRIM—Continued

Exposure (mg/kg/day) % cPAD Population Subgroup cPAD (mg/kg/day) DEEM-FCID DEEM-FCID

All Infants <1 year old) 0.73 0.000006 <1

Children 1–2 years old 0.73 0.000051 <1

Children 3–5 years old 0.73 0.000053 <1

Children 6–12 years old 0.73 0.000028 <1

Youth 13–19 years old 0.73 0.000013 <1

Adults 20–49 years old 0.73 0.000015 <1

Adults 50+ years old 0.73 0.000017 <1

Females 13–49 years old 0.73 0.000015 <1

3. Aggregate cancer risk for U.S. VI. Objections and Hearing Requests is requested, the requestor’s contentions on such issues, and a summary of any population. Applying the Q1* of 0.0135 Under section 408(g) of FFDCA, as -1 evidence relied upon by the objector (40 (mg/kg/day) to the exposure value amended by FQPA, any person may file CFR 178.27). Information submitted in results in a cancer risk estimate of 2.6 an objection to any aspect of this -7 connection with an objection or hearing x 10 . Therefore, estimated cancer risk regulation and may also request a request may be claimed confidential by is below the Agency’s level of concern hearing on those objections. The EPA -6 marking any part or all of that of risk in the range of 1 x 10 . procedural regulations which govern the information as CBI. Information so 4. Determination of safety. Based on submission of objections and requests marked will not be disclosed except in these risk assessments, EPA concludes for hearings appear in 40 CFR part 178. accordance with procedures set forth in that there is a reasonable certainty that Although the procedures in those 40 CFR part 2. A copy of the no harm will result to the general regulations require some modification to population, and toinfants and children information that does not contain CBI reflect the amendments made to FFDCA must be submitted for inclusion in the from aggregate exposure to by FQPA, EPA will continue to use mepanipyrim residues. public record. Information not marked those procedures, with appropriate confidential may be disclosed publicly IV. Other Considerations adjustments, until the necessary by EPA without prior notice. modifications can be made. The new Mail your written request to: Office of A. Analytical Enforcement Methodology section 408(g) of FFDCA provides the Hearing Clerk (1900L), essentially the same process for persons Environmental Protection Agency, 1200 Adequate enforcement methodology to ‘‘object’’ to a regulation for an (gas chromotography/nitrogen- Pennsylvania Ave., NW., Washington, exemption from the requirement of a DC 20460–0001. You may also deliver phosphorus detector (GC/NPD) method tolerance issued by EPA under new and multi-residue method (MRM)) is your request to the Office of the Hearing section 408(d) of FFDCA, as was th available to enforce the tolerance Clerk in Suite 350, 1099 14 St., NW., provided in the old sections 408 and Washington, DC 20005. The Office of expression. The method may be 409 of FFDCA. However, the period for requested from: Chief, Analytical the Hearing Clerk is open from 8 a.m. filing objections is now 60 days, rather to 4 p.m., Monday through Friday, Chemistry Branch, Environmental than 30 days. Science Center, 701 Mapes Rd., Ft. excluding legal holidays. The telephone Meade, MD 20755–5350; telephone A. What Do I Need to Do to File an number for the Office of the Hearing number: (410) 305–2905; e-mail address: Objection or Request a Hearing? Clerk is (202) 564–6255. [email protected]. 2. Copies for the Docket. In addition You must file your objection or to filing an objection or hearing request B. International Residue Limits request a hearing on this regulation in with the Hearing Clerk as described in accordance with the instructions Unit VI.A., you should also send a copy There are currently no established provided in this unit and in 40 CFR part of your request to the PIRIB for its Codex, Canadian or Mexican maximum 178. To ensure proper receipt by EPA, inclusion in the official record that is residue limits (MRLs) for mepanipyrim. you must identify docket ID number described in ADDRESSES. Mail your V. Conclusion OPP–2004–0299 in the subject line on copies, identified by docket ID number the first page of your submission. All OPP–2004–0299, to: Public Information Therefore, the tolerances are requests must be in writing, and must be and Records Integrity Branch, established for combined residues of mailed or delivered to the Hearing Clerk Information Resources and Services mepanipyrim, 4-methyl-N-phenyl-6-(1- on or before December 13, 2004. Division (7502C), Office of Pesticide propynyl)-2-pyrimidinamine, and its 1. Filing the request. Your objection Programs, Environmental Protection metabolite, 4-methyl-N-phenyl-6-(2- must specify the specific provisions in Agency, 1200 Pennsylvania Ave., NW., hydroxypropyl)-2-pyrimidinamine, both the regulation that you object to, and the Washington, DC 20460–0001. In person free and conjugated in or on grape at 1.5 grounds for the objections (40 CFR or by courier, bring a copy to the ppm; grape, raisin at 3.0 ppm; 178.25). If a hearing is requested, the location of the PIRIB described in strawberry at 1.5 ppm; and tomato at 0.5 objections must include a statement of ADDRESSES. You may also send an ppm. the factual issues(s) on which a hearing electronic copy of your request via e-

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mail to: [email protected]. Please use Agency consideration of voluntary effects on tribal governments, on the an ASCII file format and avoid the use consensus standards pursuant to section relationship between the Federal of special characters and any form of 12(d) of the National Technology Government and Indian tribes, or on the encryption. Copies of electronic Transfer and Advancement Act of 1995 distribution of power and objections and hearing requests will also (NTTAA), Public Law 104–113, section responsibilities between the Federal be accepted on disks in WordPerfect 12(d) (15 U.S.C. 272 note). Since Government and Indian tribes, as 6.1/8.0 or ASCII file format. Do not tolerances and exemptions that are specified in Executive Order 13175. include any CBI in your electronic copy. established on the basis of a petition Thus, Executive Order 13175 does not You may also submit an electronic copy under section 408(d) of FFDCA, such as apply to this rule. of your request at many Federal the tolerance in this final rule, do not VIII. Congressional Review Act Depository Libraries. require the issuance of a proposed rule, The Congressional Review Act, 5 B. When Will the Agency Grant a the requirements of the Regulatory U.S.C. 801 et seq., as added by the Small Request for a Hearing? Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. In addition, the Business Regulatory Enforcement A request for a hearing will be granted Agency has determined that this action Fairness Act of 1996, generally provides if the Administrator determines that the will not have a substantial direct effect that before a rule may take effect, the material submitted shows the following: on States, on the relationship between agency promulgating the rule must There is a genuine and substantial issue the national government and the States, submit a rule report, which includes a of fact; there is a reasonable possibility or on the distribution of power and copy of the rule, to each House of the that available evidence identified by the responsibilities among the various Congress and to the Comptroller General requestor would, if established resolve of the United States. EPA will submit a one or more of such issues in favor of levels of government, as specified in Executive Order 13132, entitled report containing this rule and other the requestor, taking into account required information to the U.S. Senate, uncontested claims or facts to the Federalism(64 FR 43255, August 10, 1999). Executive Order 13132 requires the U.S. House of Representatives, and contrary; and resolution of the factual the Comptroller General of the United issues(s) in the manner sought by the EPA to develop an accountable process to ensure ‘‘meaningful and timely input States prior to publication of this final requestor would be adequate to justify rule in the Federal Register. This final the action requested (40 CFR 178.32). by State and local officials in the development of regulatory policies that rule is not a ‘‘major rule’’ as defined by VII. Statutory and Executive Order have federalism implications.’’ ‘‘Policies 5 U.S.C. 804(2). Reviews that have federalism implications’’ is List of Subjects in 40 CFR Part 180 This final rule establishes a tolerance defined in the Executive order to under section 408(d) of FFDCA in include regulations that have Environmental protection, response to a petition submitted to the ‘‘substantial direct effects on the States, Administrative practice and procedure, Agency. The Office of Management and on the relationship between the national Agricultural commodities, Pesticides Budget (OMB) has exempted these types government and the States, or on the and pests, Reporting and recordkeeping of actions from review under Executive distribution of power and requirements. Order 12866, entitled Regulatory responsibilities among the various Planning and Review (58 FR 51735, levels of government.’’ This final rule Dated: September 30, 2004. October 4, 1993). Because this rule has directly regulates growers, food James Jones, been exempted from review under processors, food handlers and food Director, Office of Pesticide Programs. Executive Order 12866 due to its lack of retailers, not States. This action does not I Therefore, 40 CFR chapter I is significance, this rule is not subject to alter the relationships or distribution of amended as follows: Executive Order 13211, Actions power and responsibilities established Concerning Regulations That by Congress in the preemption PART 180—[AMENDED] Significantly Affect Energy Supply, provisions of section 408(n)(4) of Distribution, or Use (66 FR 28355, May FFDCA. For these same reasons, the I 1. The authority citation for part 180 22, 2001). This final rule does not Agency has determined that this rule continues to read as follows: contain any information collections does not have any ‘‘tribal implications’’ Authority: 21 U.S.C. 321(q), 346a and 371. subject to OMB approval under the as described in Executive Order 13175, I 2. Section 180.604 is added to subpart Paperwork Reduction Act (PRA), 44 entitled Consultation and Coordination C to read as follows: U.S.C. 3501 et seq., or impose any with Indian Tribal Governments (65 FR enforceable duty or contain any 67249, November 6, 2000). Executive § 180.604 Mepanipyrim; tolerances for unfunded mandate as described under Order 13175, requires EPA to develop residues. Title II of the Unfunded Mandates an accountable process to ensure (a) General. [Reserved] Reform Act of 1995 (UMRA) (Public ‘‘meaningful and timely input by tribal (b) Section 18 emergency exemptions. Law 104–4). Nor does it require any officials in the development of [Reserved] special considerations under Executive regulatory policies that have tribal (c) Tolerances with regional Order 12898, entitled Federal Actions to implications.’’ ‘‘Policies that have tribal registrations. [Reserved] Address Environmental Justice in implications’’ is defined in the (d) Indirect of inadvertent residues. Minority Populations and Low-Income Executive order to include regulations [Reserved] Populations (59 FR 7629, February 16, that have ‘‘substantial direct effects on (e) Revoked tolerances subject to the 1994); or OMB review or any Agency one or more Indian tribes, on the channel of trade provisions. [Reserved] action under Executive Order 13045, relationship between the Federal (f) Import tolerances. Tolerances are entitled Protection of Children from Government and the Indian tribes, or on established for the combined residues of Environmental Health Risks and Safety the distribution of power and mepanipyrim, 4-methyl-N-phenyl-6-(1- Risks (62 FR 19885, April 23, 1997). responsibilities between the Federal propynyl)-2-pyrimidinamine, and its This action does not involve any Government and Indian tribes.’’ This metabolite, 4-methyl-N-phenyl-6-(2- technical standards that would require rule will not have substantial direct hydroxypropylk)-2-pyrimidinamine,

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both free and conjugated in or on the DATES: Effective 1200 hrs, Alaska local pollock in Statistical Area 630 of the following commodities: time (A.l.t.), October 7, 2004, through GOA effective 1200 hrs, A.l.t., October 1200 hrs, A.l.t., October 9, 2004. 9, 2004. Parts per FOR FURTHER INFORMATION CONTACT: Commodity Josh Classification million Keaton, 907–586–7228. Grape ...... 1.5 SUPPLEMENTARY INFORMATION: NMFS This action responds to the best Grape, raisin ...... 3.0 manages the groundfish fishery in the available information recently obtained Strawberry ...... 1.5 GOA exclusive economic zone from the fishery. The Assistant Tomato ...... 0.5 according to the Fishery Management Administrator for Fisheries, NOAA, Plan for Groundfish of the Gulf of (AA), finds good cause to waive the [FR Doc. 04–22963 Filed 10–12–04; 8:45 am] Alaska (FMP) prepared by the North requirement to provide prior notice and BILLING CODE 6560–50–S Pacific Fishery Management Council opportunity for public comment under authority of the Magnuson- pursuant to the authority set forth at 5 Stevens Fishery Conservation and U.S.C. 553(b)(B) as such requirement is Management Act. Regulations governing impracticable and contrary to the public DEPARTMENT OF COMMERCE fishing by U.S. vessels in accordance interest. This requirement is National Oceanic and Atmospheric with the FMP appear at subpart H of 50 impracticable and contrary to the public Administration CFR part 600 and 50 CFR part 679. interest as it would prevent NMFS from NMFS closed the directed fishery for responding to the most recent fisheries pollock in Statistical Area 630 of the 50 CFR Part 679 data in a timely fashion and would GOA under § 679.20(d)(1)(iii) on delay the opening of pollock in October 2, 2004 (69 FR 59834, October Statistical Area 630. [Docket No. 031126297–3297–01; I.D. 6, 2004). 100604A] NMFS has determined that, The AA also finds good cause to waive the 30–day delay in the effective Fisheries of the Exclusive Economic approximately 2,767 mt of pollock remain in the 2004 directed fishing date of this action under 5 U.S.C. Zone Off Alaska; Pollock in Statistical 553(d)(3). This finding is based upon Area 630 of the Gulf of Alaska allowance. This amount is large enough to provide for a manageable directed the reasons provided above for waiver of AGENCY: National Marine Fisheries pollock fishery in Statistical Area 630. prior notice and opportunity for public Service (NMFS), National Oceanic and Therefore, in accordance with comment. Atmospheric Administration (NOAA), 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and This action is required by § 679.20 Commerce. to fully utilize the 2004 TAC of pollock and is exempt from review under ACTION: Modification of a closure. specified for Statistical Area 630, NMFS Executive Order 12866. is terminating the previous closure and Authority: 16 U.S.C. 1801 et seq. SUMMARY: NMFS is opening directed is reopening directed fishing for pollock fishing for pollock in Statistical Area in Statistical Area 630 of the GOA. In Dated: October 6, 2004. 630 of the Gulf of Alaska (GOA) for 48 accordance with § 679.20(d)(1)(iii), the Alan D. Risenhoover, hours. This action is necessary to fully Regional Administrator finds that this Acting Director, Office of Sustainable use the 2004 total allowable catch (TAC) directed fishing allowance will be Fisheries, National Marine Fisheries Service. of pollock specified for Statistical Area reached after 48 hours. Consequently, [FR Doc. 04–22938 Filed 10–7–04; 1:46 pm] 630. NMFS is prohibiting directed fishing for BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 69, No. 197

Wednesday, October 13, 2004

This section of the FEDERAL REGISTER encompasses ‘‘not only positive emphasizes that the factors cited in the contains notices to the public of the proposed knowledge that a circumstance exists or definition, i.e. the conscious disregard issuance of rules and regulations. The is substantially certain to occur, but also or willful avoidance of facts are not the purpose of these notices is to give interested an awareness of a high probability of its only factors from which knowledge may persons an opportunity to participate in the existence or future occurrence. Such be inferred. rule making prior to the adoption of the final rules. awareness is inferred from evidence of Removing the phrase ‘‘known to the the conscious disregard of facts known person’’ from the sentence in the to a person and is also inferred from a knowledge definition that states that DEPARTMENT OF COMMERCE person’s willful avoidance of facts.’’ knowledge may be inferred from This proposed rule would amend the ‘‘conscious disregard of facts known to Bureau of Industry and Security definition of knowledge in four ways, the person’’ would eliminate the use of incorporating a ‘‘reasonable person’’ the defined term in the definition. 15 CFR Parts 732, 736, 740, 744, 752, standard, replacing the phrase ‘‘high Other proposed changes to the 764, and 772 probability’’ with the phrase ‘‘more definition address the scope of its [Docket No. 040915266–4266–01] likely than not,’’ adding the phrase application. The phrase ‘‘When referring ‘‘inter alia’’ to the description of the to an actor in a transaction that is RIN 0694–AC94 facts and circumstances that could make subject to the EAR’’ would be added to person aware of the existence or future the beginning of the definition, and Revised ‘‘Knowledge’’ Definition, occurrence of a fact, and eliminating the language would be added to specify that Revision of ‘‘Red Flags’’ Guidance and phrase ‘‘known to the person’’ from the the definition concerns knowledge of a Safe Harbor sentence in the knowledge definition fact or circumstance relating to such a AGENCY: Bureau of Industry and that states that knowledge may be transaction. These changes would make Security, Commerce. inferred from ‘‘conscious disregard of clear that the definition would not ACTION: Proposed rule. facts known to the person.’’ The apply to provisions of the EAR in which proposed rule also limits the ‘‘knowledge’’ and related terms are SUMMARY: This proposed rule would applicability of the definition to certain used: (1) To refer to technology; (2) to revise the knowledge definition in the actors in transactions subject to the ‘‘personal knowledge’’ or to knowledge Export Administration Regulations to Export Administration Regulations of the EAR; (3) to describe the basis for incorporate a ‘‘reasonable person’’ (EAR) and excludes certain usages from an agency or official to take an standard and to replace the phrase the definition. enforcement or administrative action; ‘‘high probability’’ with the phrase BIS believes that incorporating the (4) to indicate an alternative name (as in ‘‘more likely than not.’’ It also would reasonable person standard into the the phrase ‘‘also known as’’); (5) in update the ‘‘red flags’’ guidance and definition will facilitate public explanatory text that has no legal effect; would provide a safe harbor from understanding of the definition, (6) in a requirement that a party certify liability arising from knowledge under particularly as it applies to knowledge- that a statement is true to the best of its that definition. based license requirements, and knowledge; or (7) when referring to the DATES: Comments must be received by restrictions on use of License requirements or prohibitions of a law November 12, 2004. Exceptions. Under this revised other than those implemented by the ADDRESSES: Send comments on this definition a party would have EAR. Finally, language would be added proposed rule to: the Federal knowledge of a fact or circumstance if excluding from the definition the use of eRulemaking Portal: http:// a reasonable person in that party’s ‘‘knowledge’’ terms in the description of www.regulations.gov, via e-mail to situation would conclude, upon criminal liability in Section 764.3(b). [email protected], fax them to 202–482– consideration of the facts and The proposed definition, like the 3355, or on paper to Regulatory Policy circumstances, that the existence or current definition of ‘‘knowledge’’ in Division, Office of Exporter Services future occurrence of the fact or § 772.1, would also not apply to Part Room 2705, U.S. Department of circumstance in question is more likely 760 of the EAR (Restrictive Trade Commerce, Washington, DC 20230. than not. Practices or Boycotts). BIS believes that replacing the phrase Refer to Regulation Identification Enhanced Red Flags Number 0694–AC94 in all comments. ‘‘high probability’’ with the phrase ‘‘more likely than not’’ is not a change BIS is proposing to update and FOR FURTHER INFORMATION CONTACT: For from current policy and practice. The augment the ‘‘red flag’’ guidance and to further information regarding this phrase ‘‘more likely than not’’ is better increase from 12 to 23 the number of proposed rule, contact: William Arvin, understood than ‘‘high probability.’’ circumstances expressly identified as Office of Exporter Services, at Moreover, companies with a strong presenting a red flag. The revised [email protected], fax 202–482–3355 compliance commitment are unlikely, guidance would reflect experience or telephone 202–482–2440 even under the current definition, to gained since the existing red flags and SUPPLEMENTARY INFORMATION: proceed with transactions if they guidance were developed in the mid- Background conclude that the circumstance of 1980s. The ‘‘red flags’’ would continue concern is ‘‘more likely than not.’’ to provide guidance that BIS believes is Knowledge Definition Adding the phrase ‘‘inter alia’’ to the useful in preventing the diversion of The current definition of description of the circumstances under items that are subject to the EAR to ‘‘knowledge’’ in § 772.1 of the EAR which knowledge may be inferred proliferation related purposes as well as

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other potential violations of the EAR. awareness that the fact or circumstance (2) Consolidation of ‘‘Red Flags’’ Although the ‘‘red flags’’ provide in question is more likely than not, then Terminology guidance, this rule would also even if the party receives BIS —The recitation of the text of the ‘‘red incorporate them by reference into the concurrence (based on a report to the flags’’ that are currently described as proposed safe harbor and the Internal Office of Enforcement Analysis) that red ‘‘* * * signs of potential diversion Compliance Programs requirements of flags are resolved, the party will not be ***’’ in § 752.11(c)(13)(i) would be Special Comprehensive Licenses. To eligible for the safe harbor nor will BIS replaced with a reference to clarify the role the red flags would play concurrence bind a subsequent supplement No. 3 to part 732. under this rule, BIS is proposing to add enforcement action or prosecution, a statement that the red flags and know because the report would have Request for Comments your customer guidance do not derogate misstated or withheld relevant BIS is seeking public comments on from obligations imposed elsewhere in information. this proposed rule. BIS will consider BIS expects to respond to most such the EAR and to remove the statement comments about all aspects of this reports within 45 days of receipt. BIS ‘‘This guidance does not change or proposed rule, but is particularly will acknowledge in writing receipt of interpret the EAR’’ from supplement No. seeking comments on whether the all reports and will provide a telephone 3 to part 732. proposed changes to the definition of BIS believes that many conscientious number for the reporting party to call to the term ‘‘knowledge’’ will increase the participants in export transactions are learn the status of the report if it has not burden on small entities and whether following the current ‘‘red flag’’ heard from BIS by the date stated in the the economic impact of the proposal guidance. BIS anticipates that the added acknowledgment. BIS may consult with will be significant and on whether the benefit of the safe harbor provision other government agencies before ‘‘safe harbor’’ provision is likely to be would encourage more parties to take responding to the party submitting the useful. The period for submission of these measures and thereby prevent report. However, until receiving written comments will close November 12, diversions to proscribed or confirmation from BIS or contacting BIS 2004. BIS will consider all comments inappropriate end-uses. after the date specified in the acknowledgment and learning that BIS received before the close of the Safe Harbor will not be responding to the report, the comment period in developing a final BIS is proposing to create a safe party is not entitled to conclude that BIS rule. Comments received after the end of harbor from liability arising from concurs in the party’s assessment that the comment period will be considered knowledge-based license requirements, any red flags have been successfully if possible, but their consideration knowledge-based restrictions on use of resolved. cannot be assured. BIS will not accept License Exceptions, and other Parties who have filed such reports public comments accompanied by a knowledge provisions in the EAR that may not file a license application request that a part or all of the material are subject to the proposed definition of relating to the same situation while the be treated confidentially because of its knowledge described above. Under this report is under review by BIS. Such business proprietary nature or for any safe harbor, parties who take steps license applications will be returned other reason. BIS will return such identified in a new § 764.7 will not have without action. In addition to language comments and materials to the persons knowledge imputed to them by in the new § 764.7, § 748.4(f) would be submitting the comments and will not application of the ‘‘reasonable person’’ modified to implement this prohibition. consider them in the development of the standard stated in the new definition. final rule. All public comments on this Other Clarifying Amendments and Parties who report to BIS’s Office of proposed rule must be in writing, Conforming Changes Enforcement Analysis, prior to including fax or e-mail, and will be a shipment, all material information The proposed rule would also amend matter of public record, available for regarding the existence, assessment, and the EAR in the following ways: public inspection and copying. The Office of Administration, Bureau of satisfactory resolution of the red flag(s) (1) Removal of Superfluous or and who do not otherwise have Industry and Security, U.S. Department Potentially Confusing Uses of a of Commerce, displays these public ‘‘knowledge,’’ as defined in § 772.1, will ‘‘Knowledge’’ Term be eligible for a safe harbor from any comments on BIS’s Freedom of enforcement action arising from the red The proposed rule would revise three Information Act (FOIA) Web site at flag(s) that they have addressed. provisions of the EAR to clarify that http://www.bis.doc.gov/foia. This office The steps to be listed in § 764.7 are: they refer to all requirements under part does not maintain a separate public (1) Comply with any item and/or 744, not just to requirements based on inspection facility. If you have technical destination-based license requirements knowledge. These amendments would difficulties accessing this web site, and other notification or review not change the substance of any please call BIS’s Office of requirements; provision. The provisions to be Administration at (202) 482–0637 for (2) Determine whether parties in the amended in this way are: assistance. transaction are subject to a denial order —General Prohibition Five, which Rulemaking Requirements or to certain sanctions, whether they references the recipient and end-use appear on the Entity List or the based export and reexport 1. This proposed rule has been Unverified List, whether the transaction requirements of part 744 and which is determined to be significant for is governed by a general order issued by found at § 736.2(b)(5); purposes of E.O. 12866. BIS; and —The prohibition on using License 2. Notwithstanding any other (3) Follow the procedures for Exception AGR for transactions in provision of the law, no person is identifying and resolving red flags set which a license is required by part required to respond to, nor shall any forth in Supplement No. 3 to Part 732. 744 found at § 740.18; and person be subject to a penalty for failure If BIS concludes that a reported —The prohibition on using Special to comply with a collection of transaction involves unresolved red Comprehensive Licenses to meet information, subject to the requirements flags, it will so advise the submitting license requirements imposed by part of the PRA, unless that collection of party. If a party has actual knowledge or 744 found at § 752.9(a)(3)(ii)(H). information displays a currently valid

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OMB control number. This proposed Regulations or to the provisions of those proliferation end-use, an obligation to rule involves a collection-of-information regulations under which knowledge disclose or a possible violation of law requirement approved by the Office of triggers a requirement to act or refrain and with that knowledge decides to Management and Budget (OMB) under from acting. either apply for a license or to forego the the Paperwork Reduction Act (PRA). BIS does not have data to indicate business, or (2) that the party has no The OMB control number for this how many enforcement proceedings knowledge of any such facts, and would collection is 0694–0088, which relates under the Export Administration not be required to obtain a license under to BIS’s application forms. This Regulations apply to small entities. either the old or the new definitions. proposed rule also would create a new However, in its Fiscal Year 2003 Annual Thus, even if there were a distinction information collection in which private Report, BIS reported the criminal between the terms ‘‘high probability’’ parties provide the government ‘‘conviction of 21 individuals and and ‘‘more likely than not,’’ the information about suspicious businesses’’ and ‘‘34 administrative distinction would be unlikely to affect circumstances they encounter and how enforcement settlements’’ for the fiscal the decision making process of a they resolve them. This information year. In addition, there were three business person who is deciding collection would require OMB approval administrative proceedings that resulted whether to proceed with a sale. Stated before being implemented. in denials of export privileges. Some of otherwise, if a party preparing to 3. This rule does not contain policies these actions probably did not involve undertake an export transaction with Federalism implications as this small entities and there may be some encounters a reason to believe that a fact term is defined in Executive Order overlap in cases where a single entity or circumstance exists that implicates a 13132. received both criminal and licensing requirement under the 4. The Chief Counsel for Regulation of administrative sanctions. Regulations, that party can reasonably the Department of Commerce has Assuming that all of BIS’s FY 2003 be expected either to apply for a license certified to the Counsel for Advocacy enforcement actions were against small or forego the transaction, regardless of that this proposed rulemaking is not entities and that 106 of the 149 entities whether ‘‘knowledge’’ is defined by expected to have a significant economic that applied for a license in FY 2003 reference to a ‘‘more likely than not’’ or impact on a substantial number of small were all small entities, the rule would ‘‘high probability’’ formulation. entities. affect a substantial number of small To the extent that a business engages To estimate the number of small entities. However, although there would in this kind of legal analysis, use of the entities that would be affected by this be a substantial number of small entities term ‘‘more likely than not,’’ which is a rule, BIS evaluated its licensing affected by this rule, this rule will not well known legal standard, will reduce database to determine the number of have a significant economic impact on uncertainty among those who make businesses that applied for export a substantial number of small entities these decisions, and thereby will reduce licenses where ‘‘knowledge’’ of a because the overall economic costs the economic impact of the control and particular circumstance concerning the associated with this rule are minimal. the necessity of legal counsel. In end-use or end-user triggers a license As discussed below, BIS does not addition, BIS does not believe that small requirement. A total of 149 entities believe that businesses will see this entities will incur additional costs due applying for such licenses in 2003 were change as imposing a materially to training or legal counseling to comply identified. BIS then conducted an different standard on their compliance with the new requirements. BIS Internet search of those businesses to activities. provides a number of opportunities for determine which of those businesses Although this proposal has the counseling or training to assist disclosed their sales or employment potential to impact a substantial number businesses in their compliance efforts at levels on Web sites. BIS compared those of small entities, BIS does not believe no charge or at a reasonable cost. BIS sales or employment levels to those that it will have a significant economic maintains telephone advice lines in found in the Small Business impact on the affected small entities. California and Washington to provide Administration’s Table of Small Fundamentally, BIS does not believe timely answers to people who have Business Size Standards Matched to that moving to a ‘‘more likely than not’’ questions concerning its regulations. It North American Industry Classification formulation increases a company’s also provides an e-mail address where System published on its Web site at responsibility with respect to such questions may be submitted. BIS http://www.sba.gov/size/ knowledge. Rather, as stated in the rule, gives written advisory opinions sizetable2002.html. That table provides we see this as a clarification of the concerning its regulations. BIS provides maximum sales or employment levels current standard and as consistent with training seminars in cooperation with that constitute a small business for a existing BIS and industry practice. trade associations and other groups number of industries. BIS does not have From a practical perspective, based on around the country. The costs of this similar industry classification for the BIS’s experience with industry training ranges from $75 to $350 entities in its licensing database so it compliance with the existing standard, depending on the nature, length and adopted a conservative approach and BIS believes that companies treat facts location of the program. However, one used the maximum sales and that are ‘‘more likely than not’’ as should not attribute the entire training employment values from the SBA table. creating a ‘‘high probability’’ of the fact. cost or even a significant portion of it Those values were $28.5 million and In other words, in our experience, to this proposed rule. Even if one did, 1500 employees, respectively. BIS companies would take the position that BIS does not believe that $350 would excluded any entity that it could there is a ‘‘high probability’’ of a given constitute a significant economic identify as exceeding either of these fact if the fact is ‘‘more likely than not.’’ impact. values. Forty-three entities were Those who must comply with these In terms of the costs of the inquiry excluded by this method, leaving a total regulations are in businesses engaged in that BIS recommends companies of 106 that might be small entities. All exporting and reexporting and must conduct in response to red flags, BIS of these entities would be subject to this make decisions quickly based on does not believe that the costs will rule. In addition, this rule would not practical considerations. The likely significantly increase when compared to increase the number of entities that are scenarios are that either (1) the party has the company’s responsibility under the subject to the Export Administration knowledge of some facts that suggest a existing rule. Companies are currently

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expected to make inquiries before List of Subjects part of the internal control program proceeding when information indicating required of Special Comprehensive 15 CFR Parts 732, 740, 748, and 752 a proliferation end-use, an obligation to License holders and consignees and disclose, or a violation of law comes to Administrative practice and described in § 752.11(c)(13)(i) of the their attention. The Regulations procedure, Exports, Reporting and EAR. The ‘‘red flags’’ and know your currently provide an illustrative list of record keeping requirements. customer guidance do not derogate from red flags, but do not limit any duty to 15 CFR Parts 736, and 772 obligations imposed elsewhere in the inquire to the circumstances on that list. EAR. Exports. (b) Know Your Customer Guidance. By increasing the number of (1) Look out for red flags. In all circumstances that are specifically 15 CFR Part 744 transactions subject to the EAR, look out called out as ‘‘red flags,’’ BIS is reducing Exports, Reporting and record keeping for any abnormal circumstances that any uncertainty that a company faces in requirements. indicate that the transaction may determining what information provides 15 CFR Part 764 involve an inappropriate end-use, end- such indications. BIS expects that, user or destination or otherwise violate under the proposed rule, the cost of the Administrative practice and the EAR. Such circumstances are inquiries performed by companies will procedure, Exports Law enforcement, referred to as ‘‘red flags.’’ Red flags may not increase and will continue to be Penalties. be presented by information provided reasonable given the information that Accordingly, parts 732, 736, 740, 744, by a customer or information obtained the company has received and the items 752, 764, and 772 of the Export from another source (e.g., a credit report involved in the transaction. The Administration Regulations (15 CFR that you might run on a new customer proposed rule makes this point clear by 730–799) are amended as follows. wishing to place a large order). stating that: (i) Red flags point to a heightened risk PART 732—[AMENDED] of a problem with the transaction. Most You are expected to conduct an inquiry that commonly, red flags indicate a 1. Revise the authority citation for is reasonable for a party in your heightened risk that a claimed end-use, part 732 to read as follows: circumstances. Thus, if you are exporting end-user or ultimate destination is not specially ordered equipment that you Authority: 50 U.S.C. app. 2401 et seq.; 50 the actual one. Red flags of this type manufactured as part of a negotiated sale to U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, thus can point to the possibilities that an end-user in an industry with which you 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 the export or reexport is actually do a substantial part of your business, you FR 44025, 3 CFR, 2001 Comp., p. 783; Notice destined for an embargoed country, an of August 6, 2004, 69 FR 48763 (August 10, may be expected to conduct a more thorough end use that triggers a license and better targeted inquiry than a distributor 2004). requirement under part 744 of the EAR, exporting off-the-shelf equipment that is used 2. Revise supplement No. 3 to part a person denied export privileges under in a wide range of commercial and industrial 732 to read as follows: part 764 of the EAR, a person on the contexts. Supplement No. 3 to part 732—BIS’s Entity List in supplement No. 4 to part The purpose of the rule is to clarify Know Your Customer Guidance and Red 744, specially designated global responsibilities and provide greater Flags terrorists (see § 744.12), specially designated terrorists (see § 744.13), certainty to parties involved in export (a) Introduction. Several provisions of transactions when confronted with designated foreign terrorist the EAR are applicable if a party has organizations (see § 744.14), persons on indications of a proliferation end-use, knowledge (as defined in § 772.1 of the an obligation to disclose or a possible the list of specially designated nationals EAR) of a particular fact or identified by the bracketed suffix IRAQ2 violation of law. circumstance. Examples include (see § 744.18), a transaction that would Finally, in assessing the possible § 764.2(e), which prohibits taking violate a BIS General Order (see economic impact of this rule, one certain actions regarding an item that is supplement No. 1 to part 736), persons should look at it in its entirety. The rule subject to the EAR with knowledge that on the Unverified List published by BIS, contains a safe harbor provision that a violation has occurred, is about to or an end-use or end-user that is enables a business to learn, before occur or is intended to occur with restricted under part 744. proceeding with the transaction, respect to that item and § 744.4, which (ii) What constitutes a red flag whether BIS concurs that its actions requires a license to export or reexport depends on the context. A fact or qualify for the safe harbor. This any item subject to the EAR if the circumstance that raises a red flag for an opportunity to avoid fines and penalties exporter or reexporter knows that the export of one type of item, to a given mitigates the impact of this rule. item will be used in the design, destination, or a particular business development, production, stockpiling, model may be innocuous for an export Accordingly, the Chief Counsel for or use of chemical or biological involving a different item, a different Regulation of the Department of weapons in or by any country. The destination, or different business model. Commerce has certified to the Chief following guidance is provided with The role that you are playing in a Counsel of Advocacy that this proposed respect to these knowledge standards. It transaction is also relevant to what facts rule will not have a significant is also useful with respect to other EAR or circumstances you are expected to economic impact on a substantial requirements because a heightened recognize as red flags. For example, a number of small entities. BIS invites awareness of the signs of potential manufacturer who is exporting one of its comment on this certification, diversion can help to prevent violations. products will be expected to be highly including, but not limited to whether This guidance and the red flags are also familiar with the configurations or the proposed changes to the definition incorporated by reference in § 764.7 specifications required for an end-use of the term ‘‘knowledge’’ will increase (Safe Harbor from Certain Knowledge- stated by a customer. Thus, a the burden on small entities and based Requirements) of the EAR. The manufacturer should be able to whether the economic impact of the red flags are incorporated into the recognize when a deviation from such proposal will be significant. system for screening customers that is parameters is indicative of an end-use

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other than what is stated. Similarly, if rely upon representations from your country, end-user or end-use for which a freight forwarder is better able than an customer in preparing and submitting an export license is required, you exporter to recognize that the location of export control documents and any should not proceed with the transaction an intermediate consignee is license application that may be without complying with that license incongruous with the claimed ultimate required. requirement. In making such an destination, then such information (i) In responding to red flags, you are assessment, you are expected to bring to could be regarded as a red flag for the expected to conduct an inquiry that is bear whatever relevant background or freight forwarder, but not the exporter. reasonable for a party in your expertise you have. The general rule is that you should treat circumstances. Thus, if you are (5) Do not self-blind. Throughout the a fact or circumstance as a red flag if it exporting specially ordered equipment process of identifying and responding to would cause a reasonable person in that you manufactured as part of a red flags, you must honestly take into your situation (e.g., manufacturer/ negotiated sale to an end-user in an account the facts and circumstances exporter, freight forwarder, distributor/ industry with which you do a presented to you. Do not cut off the flow reexporter) to suspect that a transaction substantial part of your business, you of information obtained or received in may involve an inappropriate end-use, may be expected to conduct a more the normal course of business. For end-user or destination, or otherwise thorough and better targeted inquiry example, do not instruct the sales force violate the EAR. than a distributor exporting off-the-shelf to tell potential customers to refrain (iii) Red flags may also be raised in equipment that is used in a wide range from discussing the actual end-use, end- exports that have been licensed by BIS; of commercial and industrial contexts. user, and ultimate destination for the for example, information you receive (ii) The following are means of product your firm is seeking to sell. Do after obtaining an export license may inquiry that, depending on particular not put on blinders that prevent suggest a risk of diversion. Parties circumstances, you should pursue in learning relevant information. An should identify and respond to red flags response to a red flag: affirmative policy of steps to avoid (A) Seek further information or in all transactions, including ones for ‘‘bad’’ information would not insulate a clarification from the customer, the which an export license has been company from liability, and would be ultimate consignee, and/or end-user. obtained. considered evidence of knowledge or (2) Make those who act on your behalf (B) Conduct searches of relevant reason to know the facts in question. aware. Your employees and others publications or public information on acting on your behalf (for example, a the Internet for additional information (6) If there are still reasons for contractor hired to perform export- or to confirm representations you have concern, refrain from going forward with related functions) need to know how to received. the transaction or contact BIS. If you take the steps described below, (C) Where appropriate for a particular continue to have reasons for concern especially identifying and responding to industry or commercial context, consult after your inquiry and reevaluation, red flags. If such persons have standard references or official sources. then you should either refrain from knowledge or reason to know a fact or For example, the International Atomic going forward with the transaction or circumstance, that knowledge or reason Energy Agency (IAEA) makes available submit all of the relevant information to to know can also be imputed to information about what nuclear BIS in the form of an application for a employers or other principals, so that facilities are under IAEA safeguards, license or in such other form as BIS may the latter are also liable for a violation. which is relevant to determining specify. You have an important role to Thus, it is especially important for firms whether export or reexport for use at a play in preventing exports and reexports to establish clear policies and effective particular nuclear facility requires a contrary to the national security and compliance procedures to ensure that license under § 744.2. foreign policy interests of the United knowledge about transactions can be (4) Reevaluate all of the information States. BIS will continue to work in evaluated by responsible senior after the inquiry. The purpose of your partnership with the private sector to officials. Failure to do so could be inquiry is to provide a basis for making make this front line of defense effective, regarded as a form of self-blinding (see an honest, well-informed assessment of while minimizing where possible the paragraph (b)(5) of this supplement No. whether the concerns indicated by the regulatory burden on legitimate 3 and § 772.1, definition of knowledge). red flag are really present in your participants in export transactions. If (3) If there are red flags, inquire. transaction. One way of making this you have any question about whether When there is a red flag, you have an assessment is to determine that the red you have encountered a red flag or what affirmative duty to inquire into the flag is in fact explained by steps you should take in response to a circumstances giving rise to the red flag circumstances that, in the context of red flag, or if you decide to refrain from and whether they in fact present a your transaction, do not present the the transaction, but believe you have heightened risk of an inappropriate end- concerns generally associated with the information relating to completed or user, end-use or ultimate destination, or red flag. For example, a sudden change attempted violations of the EAR, you are of some other possible violation of the in delivery instructions can present a encouraged to advise BIS’s Office of EAR. In so doing, your object is to verify red flag, but the red flag could be Export Enforcement through BIS’s Web or substantiate whether the concerns resolved by establishing that the facility site or at 1–800–424–2980 or the Office indicated by the red flag are really to which the items were originally to be of Exporter Services at (202) 482–4811. present (e.g., the real end-use, end-user delivered had been recently damaged by (c) Red Flags: Examples. As described or ultimate destination). This duty of fire. If the result of your reasonable below, BIS has identified a number of heightened scrutiny is present in all inquiry and reevaluation is that this red red flags that apply in different contexts. transactions subject to the EAR flag does not point to a risk of diversion This discussion is not all-inclusive, but involving red flags. Absent red flags (or or concealed end-use, you could is intended to illustrate the types of an express requirement in the EAR), you proceed with the transaction. On the circumstances to which you should be do not have an affirmative duty to other hand, if after evaluating in good alert. BIS may supplement this inquire, verify, or otherwise ‘‘go faith all of the facts and circumstances description of red flags in future behind’’ the customer’s representations. you have ascertained, you believe that guidance on its Web site. Examples of Thus, if there are no red flags, you can the export is actually destined for a red flags in various situations include:

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1. The customer or purchasing agent practices in the area (e.g., a P.O. Box because of the recipient or end use as is vague, evasive, or inconsistent in address where street addresses are specified in part 744 of the EAR, you providing information about the end-use commonly used). may not export or reexport without such of a product. 16. The customer does not have license. 2. The product’s capabilities do not fit facilities that are appropriate for the * * * * * the buyer’s line of business or level of items ordered or end-use stated. technical sophistication. For example, a 17. The customer’s order is for parts PART 740—[AMENDED] customer places an order for several known to be inappropriate or for which advanced lasers from a facility with no the customer appears to have no 5. Revise the authority citation for use for such equipment in its legitimate need (e.g., there is no part 740 to read as follows: manufacturing processes. indication of prior authorized shipment Authority: 50 U.S.C. app. 2401 et seq.; 50 3. A request for equipment of system for which the parts are U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. configuration is incompatible with the sought). 106–387; E.O. 13026, 61 FR 58767, 3 CFR, stated ultimate destination (e.g., 120 18. The customer is known to have or 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, volts for a country with 220 volts). is suspected of having dealings with 3 CFR, 2001 Comp., p. 783; Notice of August 6, 2004, 69 FR 48763 (August 10, 2004). 4. The product ordered is embargoed countries. incompatible with the technical level of 19. The transaction involves a party 6. In § 740.18, revise the last sentence the country to which the product is on the Unverified List published by BIS of paragraph (c)(4) to read as follows: being shipped. For example, in the Federal Register. § 740.18 Agricultural commodities (AGR). semiconductor manufacturing 20. The product into which the equipment would be of little use in a exported item is to be incorporated * * * * * country without an electronics industry. bears unique designs or marks that (c) * * * 5. The customer has little background indicate an embargoed destination or (4) * * * (Note that the fact that you in the relevant business. For example, one other than the customer has have been advised that no agency has financial information is unavailable claimed. objected to the transaction does not from ordinary commercial sources and 21. The customer gives different exempt you from other license the customer’s corporate principal is spellings of its name for different requirements under the EAR, including unknown. shipments, which can suggest that the those based on recipient or end-use in 6. The customer is willing to pay cash customer is disguising its identity and/ part 744 of the EAR.) for an expensive item when the normal or the nature and extent of its * * * * * practice in this business would involve procurement activities. financing. 22. The requested terms of sale, such PART 748—[AMENDED] 7. The customer is unfamiliar with the as product specification and calibration, 7. Revise the authority citation for product’s performance characteristics, suggest a destination or end-use other part 748 to read as follows: but still wants the product. than what is claimed (e.g., equipment 8. Installation, testing, training, or that is calibrated for a specific altitude Authority: 50 U.S.C. app. 2401 et seq.; 50 maintenance services are declined by that differs from the altitude of the U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, the customer, even though these 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 claimed destination). FR 44025, 3 CFR, 2001 Comp., p. 783; Notice services are included in the sales price 23. The customer provides of August 6, 2004, 69 FR 48763 (August 10, or ordinarily requested for the item information or documentation related to 2004). involved. the transaction that you suspect is false, 9. Terms of delivery, such as date, or requests that you provide 8. In § 748.4, revise paragraph (f) to location, and consignee, are vague or documentation that you suspect is false. read as follows: unexpectedly changed, or delivery is § 748.4 Basic guidance related to applying planned for an out-of-the-way PART 736—[AMENDED] for a license. destination. * * * * * 10. The address of the ultimate 3. Revise the authority citation for part 736 to read as follows: (f) Redundant submissions prohibited. consignee, as listed on the airway bill or You may not submit a license bill of lading, indicates that it is in a free Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 2151 (note), application for a transaction if: trade zone. (1) You have already submitted a 11. The ultimate consignee, as listed Pub. L. 108–175; E.O. 12938, 59 FR 59099, license application for that transaction on the airway bill or bill of lading, is a 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. and the license application is still freight forwarding firm, a trading 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. pending before BIS; or company, a shipping company or a 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 (2) You have submitted a safe harbor bank, unless it is apparent that the Comp., p. 783; E.O. 13338, 69 FR 26751, May report for the transaction pursuant to ultimate consignee is also the end-user 13, 2004; Notice October 29, 2003, 68 FR § 764.7(c) of the EAR and the BIS or the end-user is otherwise identified 62209, 3 CFR, 2003 Comp., p. 347; Notice of decision is still pending. on the airway bill or bill of lading. August 6, 2004, 69 FR 48763 (August 10, 12. The shipping route is abnormal for 2004). * * * * * the product and destination. 4. In § 736.2, revise paragraph (b)(5) to PART 752—[AMENDED] 13. Packaging is inconsistent with the read as follows: stated method of shipment or 9. Revise the authority citation for destination. § 736.2 General prohibitions and part 752 to read as follows: 14. When questioned, the buyer is determination of applicability. Authority: 50 U.S.C. app. 2401 et seq.; 50 evasive or unclear about whether the * * * * * U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, purchased product is for domestic use, (b) * * * 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR export or reexport. (5) General Prohibition Five— 44025, 3 CFR, 2001 Comp., p. 783; Notice of 15. The customer uses an address that Recipient and end-use license August 6, 2004, 69 FR 48763 (August 10, is inconsistent with standard business requirements. If a license is required 2004).

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10. In § 752.9, revise paragraph item will be used in the design, persons in foreign countries that were (a)(3)(ii)(H) to read as follows: development, production, stockpiling, parties to past transactions for which an or use of chemical or biological end-use visit (either a pre-license check § 752.9 Action on SCL applications. weapons in any country, § 744.4 of the or a post-shipment verification) could (a) * * * EAR requires you to obtain a license for not be conducted for reasons outside of (3) * * * that export and the safe harbor will not the control of the U.S. Government. The (ii) * * * relieve you of that license requirement. presence on the Unverified List of an (H) A notice that the consignee, in (b) You must take the following steps. end-user, ultimate consignee or addition to other requirements may not (1) Comply with item and/or principal party in interest presents a red sell or otherwise dispose of any U.S. destination-based license requirements flag for the transaction, as described in origin items under the SCL if a license and other notification or review supplement No. 3 to part 732 of the is required by part 744 of the EAR. requirements. Determine whether a EAR. * * * * * license is required because of the (iii) Persons appearing on the Entity 11. In § 752.11, revise paragraph destination and the item’s status on List in supplement No. 4 to part 744. To (c)(13) to read as follows: Commerce Control List and comply the extent described in that supplement, with any such license or other review a license is required to export or § 752.11 Internal Control Programs. requirements. If you are an exporter or reexport items subject to the EAR to * * * * * reexporter, you must either make a good persons on the Entity List. See (c) * * * faith effort to classify the item or you § 744.1(c). Any applicable license (13) A system for screening customers must obtain a classification from BIS. requirements must be met before you and transactions to identify any You must obtain any licenses required proceed with the transaction. circumstances (‘‘red flags’’) that indicate to send the item to the destination you (iv) Specially designated global an item might be destined for an intend to send it to. If the item’s reason terrorists [SDGT], (see § 744.12), inappropriate end-use, end-user, or for control on the Commerce Control specially designated terrorists [SDT] destination. This system must: List is EI, you must comply with any (see § 744.13), designated foreign (i) Be able to identify, as a minimum, requirements to notify the U.S. terrorist organizations [FTO] (see the red flags in paragraph (c) of government or to obtain U.S. § 744.14), and persons on the list of supplement No. 3 to part 732 of the government approval prior to export or specially designated nationals identified EAR, and; reexport. by the bracketed suffix [IRAQ2] (see (ii) Function in conformance with the (2) Determine whether the parties to § 744.18). License requirements for ‘‘know your customer’’ guidance the transaction are subject to a denial exports and reexports to such parties are provided in paragraph (b) of supplement order, or to certain sanctions, and described in the referenced sections of No. 3 to part 732 of the EAR: whether they appear on the Entity List part 744. Any applicable license * * * * * or Unverified List, and whether the requirements must be met before you transaction is governed by a BIS General can proceed with the transaction. PART 764—[Amended] Order. If you are an exporter or (v) The requirements of a BIS General reexporter, or a freight forwarder or Order. These General Orders, which are 12. Revise the authority citation for published in the Federal Register and part 764 to read as follows: other party acting on an exporter’s or reexporter’s behalf, determine whether codified in supplement No. 1 to part Authority: 50 U.S.C. app. 2401 et seq.; 50 the parties to the transaction fall within 736, may place special restrictions on U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, any of the following categories:1 exports and reexports certain 3 CFR, 2001 Comp., p. 783; Notice of August (i) Persons subject to denial of U.S. destinations or to named persons. 6, 2004, 69 FR 48763 (August 10, 2004). export privileges under a BIS order. Before you may proceed with the 13. Add § 764.7 to read as follows: Such orders are published in the transaction, you must comply with any Federal Register. BIS also makes applicable license requirements or other § 764.7 Safe harbor from knowledge-based restrictions imposed by any applicable requirements. available unofficial lists of denied persons on its Web site at http:// General Order. Parties involved in exports, reexports www.bis.doc.gov and in an unofficial (3) Identify and respond to red flags. or other activities subject to the EAR version of the EAR, which is published If you are a party involved in an export, who meet the requirements of this by the Government Printing Office and reexport or other activity subject to the section can avail themselves of a ‘‘safe to which members of the public may EAR, comply with the guidance on how harbor’’ against being found to have had subscribe. If an end-user, ultimate to identify and respond to red flags as knowledge of a fact or circumstance consignee or principal party in interest set forth in paragraphs (b) and (c) of under the definition of knowledge in is subject to a denial order that prohibits supplement No. 3 to part 732 of the § 772.1. The safe harbor can apply only your proposed transaction, you must not EAR. to requirements or prohibitions of the (c) Report to BIS. To be eligible for the proceed. EAR that incorporate knowledge, as (ii) Persons appearing on the safe harbor, parties must report the red defined in § 772.1, as an element. Unverified List, which is published by flags that they identified and how they (a) You must not have actual BIS in the Federal Register and resolved them. BIS will respond to such knowledge or actual awareness that the unofficially maintained on BIS’s Web reports indicating whether it concurs fact or circumstance at issue is more site. The Unverified List identifies with the party’s conclusion. BIS may likely than not. The safe harbor is consult with other government agencies available only to parties who do not 1 If you find that a party to your transaction has in developing its response to any such have actual knowledge or actual a name or address that is similar, but not identical, report. awareness that the fact or circumstance to a party within one of the listed categories, you (1) Prior to proceeding with the in question is more likely than not. For should take reasonable steps to determine whether transaction a party seeking to be eligible the party to your transaction is in fact identical to example, if you are about to export an the party within that category, then act in for the safe harbor must submit a item subject to the EAR and are aware accordance with your determination and this written report by first-class mail, that it is more likely than not that the guidance. express mail, or overnight delivery to

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the Bureau of Industry and Security, (5) If BIS responds as described in 746.7(a)(2)(ii); 748.11(e)(4)(ii)(2); Office of Enforcement Analysis, 14th paragraph (c)(2)(ii) of this section and 748.14(g)(2)(vii); 748.3(c)(2)(iii); Street and Constitution Avenue, NW, the party proceeds without taking the 748.4(d)(1); 748.9(g)(3); Supp. No. 1 to Room 4065, Attn: Safe Harbor Guidance, additional steps to resolve the concerns, part 748; Supp. No. 2 to Part 748, Washington, DC 20230. The report must then it will not qualify for the safe paragraphs (g)(2)(iii) and (iv); Supp. No. demonstrate that the party has taken the harbor. 2 to Part 748, paragraph (j)(3)(ii); Supp. actions described in paragraph (b) of (6) In this paragraph (c), the date of No. 2 to Part 748, paragraph (l); Supp. this section. In particular, the report BIS’s receipt of the report shall be the No. 2 to Part 748, paragraph (o)(3)(i); must include all material information date of receipt by the Office of Supp. No. 5 to part 748, paragraph relating to the red flags and the steps the Enforcement Analysis as recorded in a (a)(5)(ii); §§ 750.7(h)(3); 752.4(b); party took to resolve the concerns raised log maintained by that office for this 752.11(c)(12); 752.11(c)(13); 752.4; by the red flags. purpose and the date of BIS’s response 754.2(j)(3)(i)(D); 758.3(c); 762.1(a)(2); (2) BIS will acknowledge receipt of all shall be the postmark date of BIS’s 762.6(a)(2); 764.2(e); 764.2(f)(2); reports received and provide the response. 764.2(g)(2); Supp. No. 1 to part 764(b), reporting party with a telephone paragraph (d) under the heading number at which to contact BIS if it PART 772—[AMENDED] ‘‘SECOND’; Supp. No. 1 to part 766, III, does not receive a response by the date 14. The authority citation for part 772 stated in the acknowledgement. BIS A paragraphs headed ‘‘Degree of continues to read as follows: expects to respond to most reports Willfulness’’ and ‘‘Related Violations’; within 45 days of its receipt of the Authority: 50 U.S.C. app. 2401 et seq.; 50 and § 772.1 definition of ‘‘transfer.’’ report. The response shall: U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, This definition does not apply to part (i) State that BIS concurs with the 3 CFR, 2001 Comp., p. 783; Notice of August 760 of the EAR (Restrictive Trade party’s judgement that it has adequately 6, 2004, 69 FR 48763 (August 10, 2004). Practices or Boycotts) or to the following addressed the concerns raised by the red 15. In § 772.1 revise the definition of EAR provisions: §§ 730.8(b); 732.1(c); flags; knowledge to read as follows: 732.3(n); 734.1(a); 734.2(b)(3); Supp. No. (ii) State that BIS does not concur 1 to part 734, questions D(5) and F(1); with the party’s judgement that it has § 772.1 Definition of terms as used in the 738.4(a)(3); 740.11(c)(1)(ii)(C); Export Administration Regulations (EAR). adequately resolved those concerns and 742.12(b)(3)(iv)(B)(8); 742.18; Supp. No describe additional information that * * * * * 4 to Part 742, paragraph 2; 744.12; would be necessary to resolve them Knowledge. When referring to an actor 744.14; 745.1(b)(2); 745.2(a)(1); adequately; in a transaction that is subject to the 748.7(a)(2)(ii); 748.11(c)(1); 748.11(c)(3); (iii) Issue an ‘‘is informed’’ notice EAR, knowledge (the term may appear 748.11(e)(4)(i); 750.8; 752.5(a)(2)(iv); (pursuant to §§ 744.2(b), 744.3(b), in the EAR as a variant, such as ‘‘know,’’ 752.8(d)(9); 754.4(d)(1); 758.7(b)(6); 744.4(b), 744.6(b) or 744.17(b) of the ‘‘reason to know,’’ or ‘‘reason to 764.5(b)(5); 764.5(c)(5); 766.3(b); believe’’) of a fact or circumstance EAR) informing the party of a license 766.6(b); 770.3(d)(1)(i)(A) and (B); 772.1 relating to the transaction includes not requirement under §§ 744.2, 744.3, definitions of ‘‘basic scientific only positive knowledge that the fact or 744.4, 744.6, or 744.17(b) of the EAR; or research,’’ ‘‘cryptography,’’ ‘‘deformable circumstance exists or is substantially (iv) state that more time is needed to mirrors,’’ ‘‘defense trade controls,’’ certain to occur, but also an awareness review the submission. ‘‘expert systems,’’ ‘‘multilevel security,’’ (3) The party is not entitled to that the existence or future occurrence ‘‘recoverable commodities and conclude that BIS concurs with the of the fact or circumstance in question software,’’ ‘‘technology,’’ and ‘‘time party’s judgement that the party has is more likely than not. Such awareness modulated wideband’’; Supp. No 1 to adequately resolved the concerns raised is inferred, inter alia, from evidence of part 774, Category 1, ECCN 1C351, by the red flags until it either receives the conscious disregard of facts and is Reason for Control paragraph; Supp. No. a response from BIS so stating or also inferred from a person’s willful contacts BIS at the telephone number avoidance of facts. This usage of 1 to part 774, Category 1, ECCN 1C991, indicated in the acknowledgment and is ‘‘knowledge’’ incorporates an objective, Related Controls paragraph; Supp. No 1 told that BIS will not be responding to ‘‘reasonable person’’ standard. Under to part 774, Category 2, ECCN 2B119 this report. that standard, a party would have Note to List of Items Controlled; Supp. (4) A response by BIS stating that it knowledge of a fact or circumstance if No. 1 to part 774, Category 3, ECCN concurs with the party’s judgement that a reasonable person in that party’s 3A001, N.B. to paragraph 8 of List of it has resolved the concerns raised by situation would conclude, upon Items Controlled; Supp. No 1 to part the red flags or a statement by BIS that consideration of the facts and 774, Category 3, ECCN 3A002, Related it will not be responding to the reexport circumstances, that the existence or Definitions and List of Items Controlled; shall, provided the party submitting the future occurrence of the fact or Supp. No. 1 to part 774 Category 3, report has taken the steps in paragraph circumstance in question is more likely ECCN 3A225, Heading and List of Items (b) of this section, serve as confirmation, than not. Note: This definition applies Controlled; Supp. No 1 to part 774, based on the information in the party’s to §§ 730.8(a)(4)(iv); 732.1(d)(1)(x); Category 4, ECCN 4A994, List of Items submission, that the party has 732.3(m); 732.4(a); Supp. No. 2 to part Controlled; and Supp. No. 1 to part 774, adequately resolved the concerns raised 732; §§ 734.2(b)(2)(ii); 736.2(b)(7); Category 6, ECCN 6C004 List of Items by the red flags. However, such 736.2(b)(10); Supp. No. 2 to part 736, Controlled. confirmation shall not bind a Administrative Order Two, paragraph * * * * * subsequent enforcement action or (a)(1)(ii)(E); §§ 740.13(e)(4); 740.13(e)(6); Dated: October 5, 2004. prosecution if the submitting party had 740.16(i); 740.17(e)(3); 740.5; actual knowledge or actual awareness 740.7(b)(4); 740.9(a)(3)(iii)(B); Peter Lichtenbaum, that the fact or circumstance in question 742.10(a)(2)(ii) ; 742.8(a)(2); Supp. No. 6 Assistant Secretary for Export was more likely than not, or if the to part 742, paragraph (d)(1); §§ 744.17; Administration. submission misstated or withheld 744.2; 744.3; 744.4; 744.5; 744.6; [FR Doc. 04–22878 Filed 10–12–04; 8:45 am] relevant material information. 745.1(a)(1)(ix); 746.3(a)(4), 746.3(f)(2)(i), BILLING CODE 3510–33–P

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ENVIRONMENTAL PROTECTION further supplementary information, see EDOCKET or regulations.gov, your e- AGENCY the direct final rule. mail address will be automatically DATES: Comments. Comments must be captured and included as part of the 40 CFR Part 63 received on or before November 12, comment that is placed in the public [OGC–2004–0004; FRL–7826–1] 2004, unless a hearing is held. If a docket and made available on the hearing is held, comments must be Internet. If you submit an electronic National Emission Standards for received on or before November 29, comment, EPA recommends that you Hazardous Air Pollutants for Coke 2004. include your name and other contact Ovens: Pushing, Quenching, and ADDRESSES: Submit your comments, information in the body of your Battery Stacks identified by Docket ID No. OGC–2004– comment and with any disk or CD-ROM 0004, by one of the following methods: you submit. If EPA cannot read your AGENCY: Environmental Protection • Federal eRulemaking Portal: http:// comment due to technical difficulties Agency (EPA). www.regulations.gov. Follow the on-line and cannot contact you for clarification, ACTION: Proposed rule; amendments. instructions for submitting comments. EPA may not be able to consider your • Agency Web site: http:// comment. Electronic files should avoid SUMMARY: On April 14, 2003, pursuant www.epa.gov/edocket. EDOCKET, EPA’s the use of special characters, any form to section 112 of the Clean Air Act electronic public docket and comment of encryption, and be free of any defects (CAA), the EPA issued national system, is EPA’s preferred method for or viruses. emission standards to control hazardous receiving comments. Follow the on-line Docket: All documents in the docket air pollutants emitted from pushing, instructions for submitting comments. are listed in the EDOCKET index at quenching, and battery stacks at new • E-mail: [email protected]. http://www.epa.gov/edocket. Although and existing coke oven batteries. This • Fax: (202) 566–1741. listed in the index, some information is proposed action would amend the • Mail: Proposed Settlement not publicly available, i.e., CBI or other parametric operating limits and Agreement in AISI/ACCCI Coke Oven information whose disclosure is associated compliance provisions for Environmental Task Force vs. U.S. EPA, restricted by statute. Certain other capture systems used to control No. 03–1167 (D.C. Cir.) Docket, information, such as copyrighted emissions from pushing. This action Environmental Protection Agency, materials, is not placed on the Internet also would amend the requirements for Mailcode: 6102T, 1200 Pennsylvania and will be publicly available only in mobile scrubber cars that capture Ave., NW., Washington, DC 20460. hard copy form. Publicly available emissions which occur during pushing Please include a total of two copies. docket materials are available either and travel. • Hand Delivery: Environmental electronically in EDOCKET or in hard In the Rules and Regulations section Protection Agency, 1301 Constitution copy form at the Proposed Settlement of this Federal Register, we are issuing Avenue, NW., Room B102, Washington, Agreement in AISI/ACCCI Coke Oven the amendments as a direct final rule. DC. 20460. Such deliveries are only Environmental Task Force vs. U.S. EPA, We are making the amendments as a accepted during the Docket’s normal No. 03–1167 (DC Cir.) Docket, Docket ID direct final rule without prior proposal hours of operation, and special No. OGC–2004–0004, EPA/DC, EPA because we view the amendments as arrangements should be made for West, Room B102, 1301 Constitution noncontroversial and anticipate no deliveries of boxed information. Ave., NW., Washington, DC. The Public adverse comments. We have explained Instructions: Direct your comments to Reading Room is open from 8:30 a.m. to our reasons for the amendments in the Docket ID No. OGC–2004–0004. The 4:30 p.m., Monday through Friday, direct final rule. EPA’s policy is that all comments excluding legal holidays. The telephone If we receive any significant, adverse received will be included in the public number for the Public Reading Room is comments on one or more distinct docket without change and may be (202) 566–1744, and the telephone amendments in the direct final rule, we made available online at http:// number for the Air Docket is (202) 566– will publish a timely notice of www.epa.gov/edocket, including any 1742. withdrawal in the Federal Register personal information provided, unless informing the public which the comment includes information FOR FURTHER INFORMATION CONTACT: Ms. amendments will become effective and claimed to be Confidential Business Lula Melton, Emission Standards which amendments are being Information (CBI) or other information Division, Office of Air Quality Planning withdrawn due to adverse comment. We whose disclosure is restricted by statute. and Standards (C439–02), will address all public comments in a Do not submit information that you Environmental Protection Agency, subsequent final rule (should we decide consider to be CBI or otherwise Research Triangle Park, NC 27711, to issue a final rule). If no significant protected through EDOCKET, telephone number (919) 541–2910, fax adverse comments are received, no regulations.gov, or e-mail. The EPA number (919) 541–3207, e-mail address: further action will be taken on the EDOCKET and the Federal [email protected]. proposal, and the direct final rule will regulations.gov websites are SUPPLEMENTARY INFORMATION: become effective as provided in that ‘‘anonymous access’’ systems, which action. means EPA will not know your identity I. General Information The regulatory text for the proposal is or contact information unless you A. Does This Action Apply To Me? identical to that for the direct final rule provide it in the body of your comment. published in the Rules and Regulations If you send an e-mail comment directly Categories and entities potentially section of this Federal Register. For to EPA without going through regulated by this action include:

Category NAICS code 1 Examples of regulated entities

Industry ...... 331111, 324199 Coke plants and integrated iron and steel mills. Federal government ...... Not affected.

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Category NAICS code 1 Examples of regulated entities

State/local/tribal government ...... Not affected. 1 North American Industry Classification System.

This table is not intended to be regarding the TTN is needed, call the to respond to a collection of exhaustive, but rather provides a guide TTN HELP line at (919) 541–5384. information; search data sources; for readers regarding entities likely to be complete and review the collection of D. Will There Be a Public Hearing? regulated by this action. To determine information; and transmit or otherwise whether your facility would be If anyone contacts the EPA requesting disclose the information. regulated by this action, you should to speak at a public hearing by October An agency may not conduct or examine the applicability criteria in 25, 2004, a public hearing will be held sponsor, and a person is not required to § 63.7281 of the national emission on October 27, 2004. If a public hearing respond to, a collection of information standards for coke ovens: Pushing, is requested, it will be held at 10 a.m. unless it displays a currently valid OMB quenching, and battery stacks. If you at the EPA Facility Complex in Research control number. The OMB control have any questions regarding the Triangle Park, North Carolina or at an numbers for EPA’s regulations in 40 applicability of this action to a alternate site nearby. CFR part 63 are listed in 40 CFR part 9. particular entity, consult the person II. Statutory and Executive Order B. Regulatory Flexibility Act listed in the preceding FOR FURTHER Reviews INFORMATION CONTACT section. The Regulatory Flexibility Act For information regarding other generally requires an agency to prepare B. What Should I Consider as I Prepare statutory and executive order reviews a regulatory flexibility analysis of any My Comments for EPA? associated with this action, please see rule subject to notice and comment the direct final rule located in the Rules rulemaking requirements under the Do not submit information containing and Regulations section of today’s Administrative Procedure Act or any CBI to EPA through EDOCKET, Federal Register. other statute unless the agency certifies regulations.gov or e-mail. Send or that the rule will not have a significant deliver information identified as CBI A. Paperwork Reduction Act economic impact on a substantial only to the following address: Roberto The proposed action does not impose number of small entities. Small entities Morales, OAQPS Document Control any new information collection burden. include small businesses, small not-for- Officer (C404–02), U.S. EPA, Research The costs of the information collection profit enterprises, and small Triangle Park, NC 27711, Attention requirements associated with the new governmental jurisdictions. Docket ID No. OGC–2004–0004. Clearly operating limit and operation and For the purposes of assessing the mark the part or all of the information maintenance plan provisions related to impacts of today’s proposed that you claim to be CBI. For CBI the settlement agreement do not amendments on small entities, small information in a disk or CD ROM that increase the existing burden estimates entity is defined as: (1) A small business you mail to EPA, mark the outside of the for the final rule. The Office of according to U.S. Small Business disk or CD ROM as CBI and then Management and Budget (OMB) has Administration size standards for identify electronically within the disk or previously approved the information NAICS codes 331111 and 324199 CD ROM the specific information collection requirements contained in the ranging from 500 to 1,000 employees; claimed as CBI. In addition to one existing rule (40 CFR part 63, subpart (2) a government jurisdiction that is a complete version of the comment that CCCCC) under the provisions of the government of a city, county, town, includes information claimed as CBI, a Paperwork Reduction Act, 44 U.S.C. school district or special district with a copy of the comment that does not 3501 et seq. and has assigned OMB population of less than 50,000; and (3) contain the information claimed as CBI control number 2060–0521, EPA ICR a small organization that is any not-for- must be submitted for inclusion in the number 1995.02. A copy of the profit enterprise which is independently public docket. Information so marked approved Information Collection owned and operated and that is not will not be disclosed except in Request (ICR) may be obtained from dominant in its field. accordance with procedures set forth in Susan Auby, Collection Strategies After considering the economic 40 CFR part 2. Division, U.S. Environmental Protection impacts of today’s proposed C. Where Can I Get a Copy of This Agency (2822T), 1200 Pennsylvania amendments on small entities, I certify Document and Other Related Ave., NW., Washington, DC 20460 or by that this action will not have a Information? calling (202) 566–1672. significant economic impact on a Burden means the total time, effort, or substantial number of small entities. In In addition to being available in the financial resources expended by persons determining whether a rule has a docket, an electronic copy of today’s to generate, maintain, retain, or disclose significant economic impact on a proposed amendments is also available or provide information to or for a substantial number of small entities, the on the Worldwide Web (WWW) through Federal agency. This includes the time impact of concern is any significant the Technology Transfer Network needed to review instructions; develop, adverse impact on small entities, since (TTN). Following the Administrator’s acquire, install, and utilize technology the primary purpose of the regulatory signature, a copy of the proposed and systems for the purposes of flexibility analyses is to identify and amendments will be placed on the collecting, validating, and verifying address regulatory alternatives which TTN’s policy and guidance page for information, processing and minimize any significant economic newly proposed or promulgated rules at maintaining information, and disclosing impact of the proposed rule on small http://www.epa.gov/ttn/oarpg. The TTN and providing information; adjust the entities (5 U.S.C. 603–604). Thus, an provides information and technology existing ways to comply with any agency may certify that a rule will not exchange in various areas of air previously applicable instructions and have a significant economic impact on pollution control. If more information requirements; train personnel to be able a substantial number of small entities if

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the rule relieves regulatory burden, or Although the proposed rule welcome comments on issues related to otherwise has a positive effect on the amendments will not have a significant such impacts. small entities subject to the rule. The economic impact on a substantial List of Subjects in 40 CFR Part 63 proposed amendments make number of small entities, we improvements to the existing standards nonetheless tried to reduce the impact Environmental protection, Air by adding new compliance options for of the proposed amendments on small pollution control, Hazardous monitoring of capture systems operating entities. We held meetings with the substances, Reporting and parameters and by adding provisions for petitioners to discuss the proposed recordkeeping requirements. a type of control system not covered by amendments related to the settlement the existing standards. We have, agreement and have included provisions Dated: October 4, 2004. therefore, concluded that today’s that address their concerns. We Michael O. Leavitt, proposed amendments will have no continue to be interested in the Administrator. adverse impacts on any small entities potential impacts of the proposed [FR Doc. 04–22870 Filed 10–12–04; 8:45 am] and may relieve burden in some cases. amendments on small entities and BILLING CODE 6560–50–P

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Notices Federal Register Vol. 69, No. 197

Wednesday, October 13, 2004

This section of the FEDERAL REGISTER minutes. Written comments are DEPARTMENT OF COMMERCE contains documents other than rules or encouraged, particularly if the material proposed rules that are applicable to the cannot be presented within the time Foreign-Trade Zones Board public. Notices of hearings and investigations, limits of the comment period. Written committee meetings, agency decisions and comments may be submitted prior to Grant of Authority; Establishment of a rulings, delegations of authority, filing of November 3rd by sending them to Foreign-Trade Zone; Auburn petitions and applications and agency (Androscoggin County), ME statements of organization and functions are Designated Federal Official Paul Matter examples of documents appearing in this at the address given below. Pursuant to its authority under the section. FOR FURTHER INFORMATION CONTACT: For Foreign-Trade Zones Act of June 18, more information regarding this 1934, as amended (19 U.S.C. 81a–81u), meeting, contact Designated Federal the Foreign-Trade Zones Board adopts DEPARTMENT OF AGRICULTURE Official Paul Matter; Willamette the following Order: National Forest, Detroit Ranger District, Whereas, the Foreign-Trade Zones Act Forest Service HC 73 Box 320, Mill City, OR 97360; provides for ‘‘* * *. the establishment Opal Creek Scenic Recreation Area (503) 854–3366. * * * of foreign-trade zones in ports of (SRA) Advisory Council Dated: October 5, 2004. entry of the United States, to expedite Dallas J. Emch, and encourage foreign commerce, and AGENCY: Forest Service, USDA. for other purposes,’’ and authorizes the Forest Supervisor. ACTION: Notice of meeting. Foreign-Trade Zones Board to grant to [FR Doc. 04–22918 Filed 10–12–04; 8:45 am] qualified corporations the privilege of SUMMARY: An Opal Creek Scenic BILLING CODE 3410–11–M establishing foreign-trade zones in or Recreation Area Advisory Council adjacent to U.S. Customs ports of entry; meeting will convene in Stayton, Whereas, the Lewiston-Auburn DEPARTMENT OF AGRICULTURE Oregon on Wednesday, November 3, Economic Growth Council, a Maine not- 2004. The meeting is scheduled to begin Forest Service for-profit corporation (the Grantee), has at 6:30 p.m., and will conclude at made application to the Board (FTZ approximately 8:30 p.m. The meeting Notice of Resource Advisory Docket 14–2004, filed 4/5/04), will be held in the South Room of the Committee Meeting, Sundance, WY requesting the establishment of a Stayton Community Center located on foreign-trade zone at sites in Auburn 400 West Virginia Street in Stayton, AGENCY: Forest Service, USDA. (Androscoggin County), Maine, within Oregon. ACTION: Notice of meeting. the Portland, Maine, Customs port of The Opal Creek Wilderness and Opal entry; Creek Scenic Recreation Area Act of SUMMARY: Pursuant to the authorities in Whereas, notice inviting public 1996 (Opal Creek Act) (Pub. L. 104–208) the Federal Advisory Committee Act comment has been given in the Federal directed the Secretary of Agriculture to (Pub. L. 92–463) and under the Secure Register (69 FR 19387, 4/13/04); and, establish the Opal Creek Scenic Rural Schools and Community Self- Whereas, the Board adopts the Recreation Area Advisory Council. The Determination Act of 2000 (Pub. L. 106– findings and recommendations of the Advisory Council is comprised of 393) the Black Hills National Forests’ examiner’s report, and finds that the thirteen members representing state, Crook County Resource Advisory requirements of the FTZ Act and the county and city governments, and Committee will meet Monday, October Board’s regulations are satisfied, and representatives of various organizations, 18, 2004 in Sundance, Wyoming for a that approval of the application is in the which include mining industry, business meeting. The meeting is open public interest; environmental organizations, inholders to the public. Now, therefore, the Board hereby in Opal Creek Scenic Recreation Area, SUPPLEMENTARY INFORMATION: The grants to the Grantee the privilege of economic development, Indian tribes, business meeting on October 18, begins establishing a foreign-trade zone, adjacent landowners and recreation at 6:30 p.m., at the U.S. Forest Service, designated on the records of the Board interests. The council provides advice to Bearlodge Ranger District office, 121 as Foreign-Trade Zone No. 263, at the the Secretary of Agriculture on South 21st Street, Sundance, Wyoming. sites described in the application, and preparation of a comprehensive Opal Agenda topics will include: Updates on subject to the Act and the Board’s Creek Management Plan for the SRA, previously funded projects and a review regulations, including § 400.28. and consults on a periodic and regular of new project proposals. A public Signed at Washington, DC, this 1st day of basis on the management of the area. forum will begin at 8:30 p.m. (MT). October, 2004. Tentative agenda items include: Current FOR FURTHER INFORMATION CONTACT: Foreign-Trade Zones Board. project updates; finalize project ranking Steve Kozel, Bearlodge District Ranger Donald L. Evans, process, begin identifying new projects, and Designated Federal Officer, at (307) discuss District program of work and Secretary of Commerce, Chairman and 283–1361. Executive Officer. how councils project recommendations fit in. Dated: October 4, 2004. Attest: A direct public comment period is Julie Wheeler Dennis Puccinelli, tentatively scheduled to begin at 8 p.m. Acting Bearlodge District Ranger. Executive Secretary. Time allotted for individual [FR Doc. 04–22917 Filed 10–12–04; 8:45 am] [FR Doc. 04–22943 Filed 10–12–04; 8:45 am] presentations will be limited to 3 BILLING CODE 3410–11–M BILLING CODE 3510–DS–P

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DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE later than the closing date of the comment period. Foreign-Trade Zones Board National Oceanic and Atmospheric Comments may also be submitted by Administration e-mail. The mailbox address for providing email comments is [Order No. 1353] [I.D. 093004B] [email protected]. Include Grant of Authority; Establishment of a Marine Mammals and Endangered in the subject line of the e-mail Foreign-Trade Zone Southaven Species; Files No. 782–1702 and 1409 comment the following document (Desoto County), MS identifier: Permit No. 782–1702 or AGENCY: National Marine Fisheries Permit No. 1409. Pursuant to its authority under the Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: Foreign-Trade Zones Act of June 18, Atmospheric Administration (NOAA), Ruth Johnson, Amy Sloan or Patrick 1934, as amended (19 U.S.C. 81a–81u), Commerce. Opay (301)713–2289. the Foreign-Trade Zones Board adopts ACTION: Receipt of applications for SUPPLEMENTARY INFORMATION: The the following Order. amendments. subject amendments are requested under the authority of the Marine Whereas, the Foreign-Trade Zones Act SUMMARY: Notice is hereby given that Mammal Protection Act of 1972, as provides for ‘‘* * * the establishment the following entities have requested an amended (16 U.S.C. 1361 et seq.), the * * * of foreign-trade zones in ports of amendment to their scientific research Regulations Governing the Taking and entry of the United States, to expedite permits: Importing of Marine Mammals (50 CFR and encourage foreign commerce, and Permit No. 782–1702: National part 216), the Endangered Species Act of for other purposes,’’ and authorizes the Marine Mammal Laboratory (NMML), 1973, as amended (ESA; 16 U.S.C. 1531 Foreign-Trade Zones Board to grant to NMFS, 7600 Sand Point Way, NE, BIN et seq.), and the regulations governing C15700, Bldg. 1, Seattle, WA 98115– qualified corporations the privilege of the taking, importing, and exporting of 0070, (Dr. John Bengtson, Principal establishing foreign-trade zones in or endangered and threatened species (50 Investigator); and adjacent to U.S. Customs ports of entry; CFR parts 222–226). Permit No. 1409: Karen G. Holloway- Whereas, the Northern Mississippi Permit No. 782–1702 issued to the Adkins, East Coast Biologists, Inc., P.O. FTZ Inc., a Mississippi non-profit NMML authorizes the permit holder to Box 33715, Indialantic, FL 32903–3715. corporation (the Grantee), has made capture harbor seals (Phoca vitulina), application to the Board (FTZ Docket DATES: Written, telefaxed, or e-mail California sea lions (Zalophusu 10–2004, filed 3/16/04), requesting the comments must be received on or before californianus), and northern elephant November 12, 2004. establishment of a foreign-trade zone in seals (Mirounga angustirostris) and to Southaven (DeSoto County), ADDRESSES: The amendment requests conduct the following activities: tag and Mississippi, within the Memphis, and related documents are available for brand for long-term identification of Tennessee, Customs port of entry; review upon written request or by individuals and to obtain information appointment in the following office(s): on reproductive success, survival and Whereas, notice inviting public Permits, Conservation and Education longevity; blood sample for disease comment has been given in the Federal Division, Office of Protected Resources, screening; blubber biopsy for Register (69 FR 13811, 3/24/04); and, NMFS, 1315 East-West Highway, Room contaminant analysis; tissue sample for Whereas, the Board adopts the 13705, Silver Spring, MD 20910; phone genetic and fatty acid analyses; and findings and recommendations of the (301)713–2289; fax (301)713–0376; and attach electronic instruments to examiner’s report, and finds that the Permit 782–1702: Northwest Region, document movements, activity and requirements of the FTZ Act and the NMFS, 7600 Sand Point Way NE, BIN foraging patterns. The Permit also Board’s regulations are satisfied, and C15700, Bldg. 1, Seattle, WA 98115– authorizes up to five (5) accidental that approval of the application is in the 0700; phone (206)526–6150; fax mortalities of California sea lions each public interest; (206)526–6426; and year. Permit No. 1409: Assistant Regional The permit holder has requested an Now, therefore, the Board hereby Administrator for Protected Resources, amendment to the permit to increase the grants to the Grantee the privilege of Southeast Region, NMFS, 9721 number of accidental mortalities of establishing a foreign-trade zone, Executive Center Drive North, St. California sea lions from five to seven designated on the records of the Board Petersburg, FL 33702–2432; phone for the year spanning July 1, 2004 to as Foreign-Trade Zone No. 262, at the (727)570–5312, fax (727)570–5517. June 30, 2005. The Permit expires June site described in the application, subject Written comments or requests for a 30, 2008. During the 2004 summer field to the Act and the Board’s regulations, public hearing on these requests should season California sea lions captured on including Section 400.28. be submitted to the Chief, Permits, a floating trap in the East Mooring Basin Signed at Washington, DC, this 1st day of Conservation and Education Division, at Astoria, Oregon, were left unattended October 2004. F/PR1, Office of Protected Resources, in the trap. When researchers returned NMFS, 1315 East-West Highway, Room to the capture site, five of the seven Foreign-Trade Zones Board. 13705, Silver Spring, MD 20910. Those captured animals were dead or dying. Donald L. Evans, individuals requesting a hearing should The two remaining live animals were Secretary of Commerce, Chairman and set forth the specific reasons why a released. Apparently fighting among the Executive Officer. hearing on either of these particular animals caught in the trap resulted in Attest: Dennis Puccinelli, Executive amendment requests would be the five deaths. The researchers Secretary. appropriate. maintain that this was unusual [FR Doc. 04–22942 Filed 10–12–04; 8:45 am] Comments may also be submitted by behavior, but to prevent this type of BILLING CODE 3510–DS–P facsimile at (301)713–0376, provided accident from occurring in the future the facsimile is confirmed by hard copy the following mitigation measures will submitted by mail and postmarked no be included in the permit amendment,

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if issued: ‘‘On all future captures at least DFARS 252.215; OMB Control Number Services, 241 18th Street, Crystal Square one person must remain in an attending 0704–0232. 4, Suite 500, Arlington, VA 22202. vessel near the trap until all animals can Type Of Request: Extension. FOR FURTHER INFORMATION CONTACT: The be handled and released into the wild. Number Of Respondents: 310. Point of Contact for the meeting is Mr. Should there be future events of Responses Per Respondent: 45. David Cox, AGED Secretariat, 241 18th Annual Responses: 141. uncontrollable highly aggressive Street, Crystal Square Four, Suite 500, Average Burden Per Response: 37.94 fighting among animals in the trap, the Arlington, Virginia 22202. animals must be released immediately hours. Annual Burden Hours: 5,350. SUPPLEMENTARY INFORMATION: The to preclude mortality of individual Needs And Uses: DoD contracting mission of the Advisory Group is to animals.’’ officers need this information to provide advice to the Under Secretary of Permit 1409 issued to Karen G. negotiate an equitable adjustment in the Defense for Acquisition, Technology Holloway-Adkins authorizes take of 100 total amount paid or to be paid under and Logistics to the Director of Defense green sea turtles (Chelonia mydas) and a fixed-price redeterminable or fixed- Research and Engineering (DDR&E), and 10 loggerhead sea turtles (Caretta price incentive contract, to reflect final through the DDR&E to the Director, caretta) annually for scientific research. subcontract prices; and to determine if Defense Advanced Research Projects Turtles are captured, handled, a contractor has an adequate system for Agency and the Military Departments in measured, weighed, flipper and PIT generating cost estimates, and monitor planning and managing an effective and tagged, and lavaged. The purpose of the correction of any deficiencies. economical research and development research is to characterize turtle Affected Public: Businesses or other program in the area of electron devices. aggregations using the nearshore reefs in for profit and not-for-profit institutions. The AGED meeting will be limited to central Brevard County, FL as Frequency: On occasion. review of research and development developmental habitat, and to provide Respondent’s Obligation: Required to programs which the Military information on turtle size class, foraging obtain or retain benefits. Departments propose to initiate with habitats, and movements. OMB Desk Officer: Ms. Jacqueline industry, universities or in their The permit holder has requested a Zeiher. laboratories. The agenda for this modification to the permit to allow Written comments and meeting will include programs on sonic tags to be attached to 15 green sea recommendations on the proposed microwave technology, turtles, a subset of the turtles already information collection should be sent to microelectronics, electro-optics, and authorized to be taken, to determine Ms. Zeiher at the Office of Management electronics materials. distribution and seasonal movements of and Budget, Desk Officer for DoD, Room In accordance with section 10(d) of turtles in nearshore reefs in Brevard 10236, New Executive Office Building, Public Law 92–463, as amended, (5 County. Washington, DC 20503. U.S.C. App. 10(d)), it has been Concurrent with the publication of DOD Clearance Officer: Mr. Robert determined that this Advisory Group this notice in the Federal Register, Cushing. meeting concerns matters listed in 5 NMFS is forwarding copies of the Written requests for copies of the U.S.C. 552b(c)(1), and that accordingly, marine mammal application to the information collection proposal should this meeting will be closed to the Marine Mammal Commission and its be sent to Mr. Cushing, WHS/ESCD/ public. Committee of Scientific Advisors. Information Management Division, 1225 Dated: October 6, 2004. Dated: October 7, 2004. South Clark Street, Suite 504, Arlington, Jeannette Owings Ballard Stephen L. Leathery, VA 22202–4326. Alternate, OSD Federal Register Liaison Dated: October 5, 2004. Chief, Permits, Conservation and Education Officer, Department of Defense. Division, Office of Protected Resources, Patricia L. Toppings, [FR Doc. 04–22884 Filed 10–12–04; 8:45 am] National Marine Fisheries Service. Alternate OSD Federal Register Liaison [FR Doc. 04–22939 Filed 10–12–04; 8:45 am] Officer, Department of Defense. BILLING CODE 5001–06–M BILLING CODE 3510–22–S [FR Doc. 04–22970 Filed 10–12–04; 8:45 am] BILLING CODE 5001–06–M DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE Office of the Secretary DEPARTMENT OF DEFENSE Office of the Secretary Uniformed Services University of the Office of the Secretary Health Sciences; Meeting Notice Submission for OMB Review; Comment Request Meeting of the DOD Advisory Group on AGENCY HOLDING THE MEETING: Electron Devices Uniformed Services University of the ACTION: Notice. AGENCY: Department of Defense, Health Sciences. The Department of Defense has Advisory Group on Electron Devices. TIME AND DATE: 8 a.m. to 4 p.m., submitted to OMB for clearance, the ACTION: Notice. November 9, 2004. following proposal for collection of PLACE: Uniformed Services University information under the provisions of the SUMMARY: The DoD Advisory Group on of the Health Sciences, Board of Regents Paperwork Reduction Act (44 U.S.C. Electron Devices (AGED) announces a Conference Room (D3001) 4301 Jones Chapter 35). closed Special Technical Area Review Bride Road, Bethesda, MD 20814–4799. DATES: Consideration will be given to all (STAR) on Electronics for STATUS: Open—under ‘‘Government in comments received by November 12, Reconfigurable Military Systems. the Sunshine Act’’ (5 U.S.C. 552b(e)(3)). 2004. DATES: The STAR will be held at 0830, MATTERS TO BE CONSIDERED: Title And OMB Number: Defense Tuesday and Wednesday, October 26th 8 a.m. Meeting—Board of Regents Federal Acquisition Regulation and 27th 2004. (1) Approval of Minutes—August 3, Supplement (DFARS) Subpart 215.4, ADDRESSES: The meeting will be held at 2004 Contract Pricing, and related clause in Palisades Institute for Research (2) Faculty Matters

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(3) Departmental Reports proposal to amend the Water Quality existing Wells Nos. 2 and 4 in the (4) Financial Report Regulations, Water Code and Lehigh River Watershed. The project is (5) Report—Interim President, USUHS Comprehensive Plan by establishing located in Glendon Borough, (6) Report—Dean, School of Medicine pollutant minimization plan Northampton County, Pennsylvania. (7) Report—Dean, Graduate School of requirements for point and non-point (NAR’d as D–93–48 Renewal.) Nursing source discharges following issuance of 5. Blue Ridge Real Estate Company D– (8) Approval of Degrees—School of a TMDL or assimilative capacity 93–57–2. An application for the renewal Medicine, Graduate School of determination. of a surface water withdrawal project to Nursing The business meeting will resume at continue withdrawal of 100 million (9) Comments—Chairman, Board of 1:30 p.m. Public hearings on the gallons per 30 days (mg/30 days) from Regents following project review applications an existing intake in Tobyhanna Creek (10) New Business will be held during this afternoon to supply the applicant’s snowmaking CONTACT PERSON FOR MORE INFORMATION: portion of the meeting: operations at the Jack Frost Ski Area. Dr. Barry Wolcott, Executive Secretary, 1. Cabot Corporation D–70–72–2. An The project is located in Kidder Board of Regents, (301) 295–3681. application to upgrade an industrial Township, Carbon County, wastewater treatment plant (IWTP) and Pennsylvania. Dated: October 7, 2004. implement manufacturing operation 6. Buckingham Township D–2003–13 L.M. Bynum, improvements necessary to meet water CP–1. An application for approval of a OSD Federal Register Liaison Officer, quality objectives in Swamp Creek, a ground water withdrawal project to Department of Defense. tributary of Perkiomen Creek in the supply up to 5.18 mg/30 days to the [FR Doc. 04–23111 Filed 10–8–04; 3:30 pm] Schuylkill River Watershed. The applicant’s public water supply BILLING CODE 5001–06–M applicant produces primary nonferrous distribution system from new Wells metals and alloys plus inorganic Nos. F–4 and F–5, and to increase the chemicals at its Boyertown Facility, combined withdrawal from all wells DELAWARE RIVER BASIN which is located off Swamp Creek Road from 33.2 mg/30 days to 37.5 mg/30 COMMISSION and straddles the borders of Douglass days. New Wells Nos. F–4 and F–5 are Township, Montgomery County and located in the Brunswick Formation. Notice of Commission Meeting and Colebrookdale Township, Berks County, The project is located in the Mill Creek Public Hearing both in Pennsylvania. No expansion of Watershed in Buckingham Township, the 0.222 million gallon per day (mgd) Bucks County, Pennsylvania and is Notice is hereby given that the IWTP is proposed. The plant effluent, located in the Southeastern Delaware River Basin Commission will along with storm water, cooling water Pennsylvania Ground Water Protected hold an informal conference followed and water supply treatment wastewater, Area. (NAR’d as D–2003–13 CP). by a public hearing on Wednesday, will continue to be discharged to 7. Buckingham Township D–2004–15 October 27, 2004. The hearing will be Swamp Creek via the existing outfall. CP–1. An application to expand the part of the Commission’s regular (NAR’d as Cabot Supermetals D–70–72 Township’s Furlong Sewage Treatment business meeting. Both the conference (REVISION).) Plant (STP) from 116,825 gallons per session and business meeting are open 2. New Jersey-American Water day (gpd) to treat an average flow of to the public and will be held at the Company D–90–89 CP–3. An application 257,312 gpd via additional lagoon National Constitution Center, Kirby for the renewal of a ground water treatment systems. The project will Auditorium, 525 Arch Street, withdrawal project to increase continue to provide secondary treatment Independence Mall in Philadelphia, withdrawal from 15 mg/30 days to 28.5 of flow from residential and commercial Pennsylvania. mg/30 days to supply the applicant’s development in Buckingham Township, The conference among the public water supply system from Bucks County, Pennsylvania. The STP is commissioners and staff will begin at existing Wells Nos. 1 and 2 in the located just east of State Route 263 in 9:30 a.m. Topics of discussion will Kittatinny Limestone formation. The Buckingham Township. Additional include: an update on the Water project is located in the Pophandusing effluent spray fields and drip irrigation Resources Plan for the Delaware River Brook Watershed, in White Township, zones are proposed. The project will Basin (‘‘Basin Plan’’) including a Warren County, New Jersey. (NAR’d as continue to provide long-term effluent summary of the Watershed Summit of D–90–89 CP RENEWAL 2.) storage and utilize Mill Creek in the September 13–15 and the transition 3. Waltz Golf Farm, Inc. D–92–49–2. Neshaminy Creek Watershed as an from planning to implementation; a An application for the renewal of a alternate discharge point. (NAR’d as D– summary and report on informational surface water withdrawal project to 2004–15 CP). meetings on a proposed resolution to continue withdrawal of 9.0 million 8. City of New York Department of amend the Water Quality Regulations, gallons per 30 days (mg/30 days) to Environmental Protection D–2004–28 Water Code and Comprehensive Plan to supply the applicant’s golf course from CP–1. An application to modify a designate the Lower Delaware River as an existing man-made pond on Landis sewage treatment plant (STP) located at Special Protection Waters; a proposal to Creek in the Lodal Creek Watershed. 4 Neversink Drive in the City of Port amend the Commission’s fee schedule The project is located in Limerick Jervis, Orange County, New York. The for the review of projects under Section Township, Montgomery County, STP has a capacity of 5 million gallons 3.8 and Article 10 of the Delaware River Pennsylvania and is located in the per day and serves the City of Port Basin Compact by the addition of a late Southeastern Pennsylvania Ground Jervis. The existing plant provides application fee; and a presentation on Water Protected Area. secondary treatment, and discharges to the structural reorganization of the 4. Air Products and Chemicals D–93– the Neversink River, upstream from Delaware Estuary Program. 48–2. An application for the renewal of DRBC Special Protection Waters and the The business meeting will begin at 11 a ground water withdrawal project to Delaware Water Gap National a.m. The portion of the meeting running continue withdrawal of 8.7 million Recreation Area. The proposed from 11 a.m. until 12:15 p.m. will gallons (mg)/30 days to supply the modification, which constitutes Phase I consist of the public hearing on a applicant’s manufacturing facility from of a multi-phase improvement project,

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involves the demolition of three Imhoff • Development of recreational flow Individuals in need of an tanks and construction of two management plans to increase flows in accommodation as provided for in the sedimentation basins, plus minor the East Branch Perkiomen Creek above Americans with Disabilities Act who facility upgrades. No increase in STP 10 cfs to support specific short-term wish to attend the informational capacity is proposed. recreational events. meeting, conference session or hearings 9. Exelon Generation Company, LLC • Establishment of a restoration and should contact the office of the D–69–210 CP Final (Revision 12). An monitoring fund based on $0.06/1,000 Commission secretary at 609–883–9500 application for temporary approval to gallons of makeup water that is not ext. 224 or through the modify the Operating Plan of the required for LGS consumptive cooling Telecommunications Relay Services Limerick Generating Station (LGS), a water needs due to lifting the 59 °F (TRS) at 711, to discuss how the nuclear-powered electric generating temperature requirement. Flows Commission may accommodate your station located in Limerick Township, pumped to the EBPC during periods needs. ° Montgomery County, Pennsylvania, when the 59 F restriction would have Dated: October 5, 2004. regarding surface water withdrawal been in effect, but not used for Pamela M. Bush, restrictions related to ambient water consumptive cooling water needs at the Commission Secretary. temperature in the Schuylkill River. The LGS, will be credited against this fund. [FR Doc. 04–22908 Filed 10–12–04; 8:45 am] applicant proposes to demonstrate, • Working with stakeholders under controlled conditions, that the regarding the design and BILLING CODE 6360–01–P withdrawal of Schuylkill River water implementation of the demonstration can continue without adverse impact and restoration projects during 2005 and when the background water temperature future years. DEPARTMENT OF ENERGY ° • exceeds 59 F, the maximum Test periods with no augmentation/ Federal Energy Regulatory temperature at which withdrawals can makeup waters supplied for LGS Commission be made under the current docket. In consumptive cooling water needs July 2004, an amended application and (beyond the minimum 10 cfs flows in [Docket No. CP04–422–000] draft operating and monitoring plan the East Branch Perkiomen Creek). Dominion Transmission, Inc., were submitted after discussion with • The continuation of the Wadesville Tennessee Gas Pipeline Company, the Commission staff, the State of Mine Pool withdrawal and Stream Flow National Fuel Gas Supply Corporation; Pennsylvania and stakeholders. A Augmentation Demonstration Project Notice of Filing revised draft operating and monitoring that was approved under Docket No. D– plan was submitted on October 1, 2004 69–210 CP (Final) (Revision 11) and October 5, 2004. and is attached to the draft docket. The extended for one year by Commission Take notice that on September 28, amended application provides for the Resolution No. 2003–25 adopted 2004, Dominion Transmission, Inc. following: December 3, 2003. (Dominion), 120 Tredegar Street, • A multi-year demonstration period In addition to the items listed above, Richmond, Virginia 23219; Tennessee during the remainder of the 2004 season the afternoon portion of the Gas Pipeline Company (Tennessee), 9 through the 2007 season associated with Commission’s business meeting will Greenway Plaza, Houston, Texas 77046; flow and temperature restrictions in include the public hearing on a and National Fuel Gas Supply accordance with an approved operating resolution to amend the Water Quality Corporation (National Fuel), 6363 Main and monitoring plan. Regulations, Water Code and Street, Williamsville, New York 14221 • Withdrawals not to exceed 24 Comprehensive Plan to designate the (collectively, the Applicants) filed a million gallons per day (mgd) of LGS’ Lower Delaware River as Special joint abbreviated application for a consumptive cooling water needs Protection Waters. In addition, the certificate of public convenience and during times when the Schuylkill River meeting will include: Adoption of the necessity pursuant to section 7 of the 24-hour average river ambient water Minutes of the September 1, 2004 Natural Gas Act (NGA) and part 157 of temperature exceeds 59 °F and when the business meeting; announcements; a the Commission’s Rules and 24-hour average river flow is at or below report on Basin hydrologic conditions; a Regulations. The Applicants request 1,791 cubic feet per second (cfs) (but report by the executive director; a report authorization to modify operations of above 560 cfs) at the gaging station at by the Commission’s general counsel; the jointly-owned Ellisburg Storage Pool Pottstown. and an opportunity for public dialogue. in Potter County, Pennsylvania. The • Withdrawals of LGS’ entire Draft dockets and materials relating to application is on file with the consumptive cooling water needs the other items scheduled for public Commission and open for public during times when the Schuylkill River hearing on October 27, 2004 will be inspection. This filing is available for 24-hour average river ambient water posted on the Commission’s Web site, review at the Commission in the Public temperature exceeds 59 °F and when the http://www.drbc.net, where they can be Reference Room or may be viewed on 24-hour average river flow exceeds accessed through the Home Page or the the Commission’s Web site at http:// 1,791 cfs. Notice of Commission Meeting and www.ferc.gov using the ‘‘eLibrary’’ link. • Maintenance of minimum flow of at Public Hearing. Additional documents Enter the docket number excluding the least 10 cfs in the East Branch relating to the dockets and other items last three digits in the docket number Perkiomen Creek at all times in may be examined at the Commission’s field to access the document. For accordance with the draft offices. Please contact William assistance, please contact FERC Online Demonstration Operation and Muszynski at 609–883–9500 ext. 221 Support at Monitoring Plan for the Joint Limerick with any docket-related questions. [email protected] or toll Generating Station Water Supply Please contact the office of the free at (866) 208–3676, or for TTY, Modification Demonstration and Commission secretary, Pamela M. Bush, contact (202) 502–8659. Wadesville Mine Pool Withdrawal & by phoning 609–883–9500 ext. 224, if The current certificated capacity at Stream Flow Augmentation Project that you wish to offer comment on any of the Ellisburg Storage Pool is 98.43 Bcf, was submitted by Exelon. items scheduled for public hearing. comprised of 52.53 Bcf of top gas

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capacity and 45.9 Bcf of base gas. The project should submit an original and DEPARTMENT OF ENERGY Applicants propose to modify two copies of their comments to the operations at the Ellisburg Storage Pool Secretary of the Commission. Federal Energy Regulatory by reducing the existing authorized base Environmental commenters will be Commission gas level by 3.0 billion cubic feet (Bcf) placed on the Commission’s and increasing top gas capacity by 3.0 environmental mailing list, will receive [Docket No. PR04–15–000] Bcf. Dominion’s total authorized base copies of the environmental documents, and top gas levels will not be changed, and will be notified of meetings Enogex Inc.; Notice of Petition for Rate in light of the corresponding proposed associated with the Commission’s Approval changes at the Woodhull facility. The environmental review process. additional capacity available for service October 4, 2004. Environmental commenters will not be by Tennessee and National Fuel will be Take notice that on September 29, offered on an open-access basis. There required to serve copies of filed 2004, Enogex Inc. (Enogex) tendered for are no changes in the existing facilities documents on all other parties. filing a revised lower fuel factor for its and no capital investments required to However, the non-party commenters Enogex System for the last quarter of implement the proposed change in will not receive copies of all documents Fuel Year 2004 as calculated pursuant operations. filed by other parties or issued by the to the formulas in Enogex’s filed fuel Any questions regarding the Commission (except for the mailing of tracker. Enogex seeks an effective date application are to be directed to Anne environmental documents issued by the of October 1, 2004. E. Bomar, Managing Director Commission) and will not have the right Enogex states that it is serving notice Transmission Rates and Regulation, 120 to seek court review of the of the filing and the revised fuel Tredegar Street, Richmond, Virginia Commission’s final order. percentage on all current shippers. 23219; phone number (804) 819–2134. The Commission may issue a Any person desiring to intervene or to There are two ways to become preliminary determination on non- protest this filing must file in involved in the Commission’s review of accordance with Rules 211 and 214 of this project. First, any person wishing to environmental issues prior to the completion of its review of the the Commission’s Rules of Practice and obtain legal status by becoming a party Procedure (18 CFR 385.211 and to the proceedings for this project environmental aspects of the project. This preliminary determination 385.214). Protests will be considered by should, on or before the below listed the Commission in determining the comment date, file with the Federal typically considers such issues as the need for the project and its economic appropriate action to be taken, but will Energy Regulatory Commission, 888 not serve to make protestants parties to effect on existing customers of the First Street, NE., Washington, DC 20426, the proceeding. Any person wishing to applicant, on other pipelines in the area, a motion to intervene in accordance become a party must file a notice of and on landowners and communities. with the requirements of the intervention or motion to intervene, as Commission’s Rules of Practice and For example, the Commission considers appropriate. Such notices, motions, or Procedure (18 CFR 385.214 or 385.211) the extent to which the applicant may protests must be filed in accordance and the Regulations under the NGA (18 need to exercise eminent domain to with the provisions of Section 154.210 CFR 157.10). A person obtaining party obtain rights-of-way for the proposed of the Commission’s regulations (18 CFR status will be placed on the service list project and balances that against the 154.210). Anyone filing an intervention maintained by the Secretary of the non-environmental benefits to be or protest must serve a copy of that Commission and will receive copies of provided by the project. Therefore, if a document on the Applicant. Anyone all documents filed by the applicant and person has comments on community filing an intervention or protest on or by all other parties. A party must submit and landowner impacts from this before the intervention or protest date 14 copies of filings made with the proposal, it is important either to file Commission and must mail a copy to need not serve motions to intervene or comments or to intervene as early in the the applicant and to every other party in protests on persons other than the the proceeding. Only parties to the process as possible. Applicant. proceeding can ask for court review of Motions to intervene, protests and The Commission encourages Commission orders in the proceeding. comments may be filed electronically electronic submission of protests and However, a person does not have to via the Internet in lieu of paper; see 18 interventions in lieu of paper using the intervene in order to have comments CFR 385.2001(a)(1)(iii) and the ‘‘eFiling’’ link at http://www.ferc.gov. considered. The second way to instructions on the Commission’s web Persons unable to file electronically participate is by filing with the site under the ‘‘e-Filing’’ link. The should submit an original and 14 copies of the protest or intervention to the Secretary of the Commission, as soon as Commission strongly encourages Federal Energy Regulatory Commission, possible, an original and two copies of electronic filings. comments in support of or in opposition 888 First Street, NE., Washington, DC to this project. The Commission will Comment Date: 5 p.m. eastern time on 20426. consider these comments in October 26, 2004. This filing is accessible on-line at determining the appropriate action to be Magalie R. Salas, http://www.ferc.gov, using the taken, but the filing of a comment alone ‘‘eLibrary’’ link and is available for Secretary. will not serve to make the filer a party review in the Commission’s Public to the proceeding. The Commission’s [FR Doc. E4–2581 Filed 10–12–04; 8:45 am] Reference Room in Washington, DC. rules require that persons filing BILLING CODE 6717–01–P There is an ‘‘eSubscription’’ link on the comments in opposition to the project Web site that enables subscribers to provide copies of their protests only to receive e-mail notification when a the party or parties directly involved in document is added to a subscribed the protest. docket(s). For assistance with any FERC Persons who wish to comment only Online service, please e-mail on the environmental review of this [email protected], or call

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(866) 208–3676 (toll free). For TTY, call Web site that enables subscribers to The Commission encourages (202) 502–8659. receive e-mail notification when a electronic submission of protests and document is added to a subscribed interventions in lieu of paper using the Magalie R. Salas, docket(s). For assistance with any FERC ‘‘eFiling’’ link at http://www.ferc.gov. Secretary. Online service, please e-mail Persons unable to file electronically [FR Doc. E4–2588 Filed 10–12–04; 8:45 am] [email protected], or call should submit an original and 14 copies BILLING CODE (866) 208–3676 (toll free). For TTY, call of the protest or intervention to the (202) 502–8659. Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC Magalie R. Salas, DEPARTMENT OF ENERGY 20426. Secretary. This filing is accessible on-line at Federal Energy Regulatory [FR Doc. E4–2587 Filed 10–12–04; 8:45 am] Commission http://www.ferc.gov, using the BILLING CODE 6717–01–P ‘‘eLibrary’’ link and is available for [Docket No. RP02–118–009] review in the Commission’s Public Reference Room in Washington, DC. DEPARTMENT OF ENERGY High Island Offshore System, L.L.C.; There is an ‘‘eSubscription’’ link on the Notice of Negotiated Rate Filing Federal Energy Regulatory Web site that enables subscribers to October 4, 2004. Commission receive e-mail notification when a Take notice that on September 28, document is added to a subscribed [Docket No. RP04–612–000] 2004, High Island Offshore System, docket(s). For assistance with any FERC Online service, please e-mail L.L.C. (HIOS) tendered for filing and Northwest Pipeline Corporation; Notice approval a negotiated rate arrangement [email protected], or call of Proposed Changes in FERC Gas (866) 208–3676 (toll free). For TTY, call between HIOS and Hunt Petroleum Tariff (AEC), Inc. (202) 502–8659. HIOS requests that the Commission October 4, 2004. Magalie R. Salas, accept and approve the negotiated rate Take notice that on September 28, Secretary. 2004, Northwest Pipeline Corporation arrangement to be effective September 1, [FR Doc. E4–2591 Filed 10–12–04; 8:45 am] 2004. (Northwest) tendered for filing as part of Any person desiring to intervene or to its FERC Gas Tariff, Third Revised BILLING CODE 6717–01–P protest this filing must file in Volume No. 1, the following tariff accordance with Rules 211 and 214 of sheets, to be effective October 29, 2004. DEPARTMENT OF ENERGY the Commission’s Rules of Practice and Title Page Procedure (18 CFR 385.211 and Thirteenth Revised Sheet No. 200 Federal Energy Regulatory 385.214). Protests will be considered by Tenth Revised Sheet No. 239 Commission the Commission in determining the Seventh Revised Sheet No. 280 appropriate action to be taken, but will Ninth Revised Sheet No. 281 [Docket No. RP04–614–000] not serve to make protestants parties to Fourth Revised Sheet No. 284 Ozark Gas Transmission, L.L.C.; the proceeding. Any person wishing to Northwest states that the purpose of Notice of Proposed Changes in FERC become a party must file a notice of this filing is to update its tariff to reflect Gas Tariff intervention or motion to intervene, as the information required by Order No. appropriate. Such notices, motions, or 2004. Northwest states that a copy of October 4, 2004. protests must be filed in accordance this filing has been served upon Take notice that on September 29, with the provisions of Section 154.210 Northwest’s customers and interested 2004, Ozark Gas Transmission, L.L.C. of the Commission’s regulations (18 CFR state regulatory commissions. (Ozark) tendered for filing as part of its 154.210). Anyone filing an intervention Any person desiring to intervene or to FERC Gas Tariff, Original Volume No. 1, or protest must serve a copy of that protest this filing must file in the following revised tariff sheets to be document on the Applicant. Anyone accordance with Rules 211 and 214 of effective October 29, 2004: filing an intervention or protest on or the Commission’s Rules of Practice and before the intervention or protest date Procedure (18 CFR 385.211 and Second Revised Sheet No. 64, First Revised Sheet No. 82, need not serve motions to intervene or 385.214). Protests will be considered by Third Revised Sheet No. 83, protests on persons other than the the Commission in determining the Second Revised Sheet No. 84. Applicant. appropriate action to be taken, but will The Commission encourages not serve to make protestants parties to Ozark states that the purpose of its electronic submission of protests and the proceeding. Any person wishing to filing is to replace obsolete references to interventions in lieu of paper using the become a party must file a notice of the repealed Order Nos. 497, et al., ‘‘eFiling’’ link at http://www.ferc.gov. intervention or motion to intervene, as standards of conduct in its FERC Gas Persons unable to file electronically appropriate. Such notices, motions, or Tariff with references to the new should submit an original and 14 copies protests must be filed in accordance Standards of Conduct adopted by the of the protest or intervention to the with the provisions of Section 154.210 Commission in Order Nos. 2004, et al. Federal Energy Regulatory Commission, of the Commission’s regulations (18 CFR Ozark further states that it has served 888 First Street, NE., Washington, DC 154.210). Anyone filing an intervention copies of this filing upon the company’s 20426. or protest must serve a copy of that jurisdictional customers and interested This filing is accessible on-line at document on the Applicant. Anyone State commissions. Questions http://www.ferc.gov, using the filing an intervention or protest on or concerning this filing may be directed to ‘‘eLibrary’’ link and is available for before the intervention or protest date counsel for Ozark, James F. Bowe, Jr., review in the Commission’s Public need not serve motions to intervene or Dewey Ballantine LLP, at (202) 429– Reference Room in Washington, DC. protests on persons other than the 1444, fax (202) 429–1579, or There is an ‘‘eSubscription’’ link on the Applicant. [email protected].

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Any person desiring to intervene or to its FERC Gas Tariff, Second Revised (866) 208–3676 (toll free). For TTY, call protest this filing must file in Volume No. 1, the following tariff sheet, (202) 502–8659. accordance with Rules 211 and 214 of to become effective October 25, 2004: Magalie R. Salas, the Commission’s Rules of Practice and First Revised Original Sheet No. 277. Procedure (18 CFR 385.211 and Secretary. [FR Doc. E4–2589 Filed 10–12–04; 8:45 am] 385.214). Protests will be considered by Texas Gas states that the purpose of the Commission in determining the this filing is to propose a revision to the BILLING CODE 6717–01–P appropriate action to be taken, but will General Terms and Conditions (GT&C) not serve to make protestants parties to of Texas Gas’s tariff in section 31.2, DEPARTMENT OF ENERGY the proceeding. Any person wishing to types of discounts, so that Texas Gas become a party must file a notice of may offer an additional type of Federal Energy Regulatory intervention or motion to intervene, as transportation discount based on Commission appropriate. Such notices, motions, or published index prices for specific protests must be filed in accordance [Docket No. RP04–613–000] receipt or delivery points or other with the provisions of Section 154.210 agreed upon pricing reference points for of the Commission’s regulations (18 CFR Transcontinental Gas Pipe Line 154.210). Anyone filing an intervention price determination. The proposed tariff Corporation; Notice of Proposed or protest must serve a copy of that change will not affect Texas Gas’s Changes in FERC Gas Tariff overall revenue requirement. document on the Applicant. Anyone October 4, 2004. filing an intervention or protest on or Any person desiring to intervene or to Take notice that on September 29, before the intervention or protest date protest this filing must file in 2004, Transcontinental Gas Pipe Line need not serve motions to intervene or accordance with Rules 211 and 214 of Corporation (Transco or Applicant) protests on persons other than the the Commission’s Rules of Practice and tendered for filing as part of its FERC Applicant. Procedure (18 CFR 385.211 and Gas Tariff, Third Revised Volume No. 1, The Commission encourages 385.214). Protests will be considered by Fourth Revised Sheet No. 312 to become electronic submission of protests and the Commission in determining the effective October 29, 2004. interventions in lieu of paper using the appropriate action to be taken, but will Transco states that the purpose of the ‘‘eFiling’’ link at http://www.ferc.gov. not serve to make protestants parties to instant filing is to update the Delivery Persons unable to file electronically the proceeding. Any person wishing to Point Entitlement (DPE) tariff sheet for should submit an original and 14 copies become a party must file a notice of Eastern Shore Natural Gas Company in of the protest or intervention to the intervention or motion to intervene, as accordance with the provisions of Federal Energy Regulatory Commission, appropriate. Such notices, motions, or Section 19.1(f) of the General Terms and 888 First Street, NE., Washington, DC protests must be filed in accordance Conditions of Transco’s Third Revised 20426. Volume No. 1 Tariff. This filing is accessible on-line at with the provisions of Section 154.210 of the Commission’s regulations (18 CFR Any person desiring to intervene or to http://www.ferc.gov, using the protest this filing must file in ‘‘eLibrary’’ link and is available for 154.210). Anyone filing an intervention or protest must serve a copy of that accordance with Rules 211 and 214 of review in the Commission’s Public the Commission’s Rules of Practice and document on the Applicant. Anyone Reference Room in Washington, DC. Procedure (18 CFR 385.211 and filing an intervention or protest on or There is an ‘‘eSubscription’’ link on the 385.214). Protests will be considered by before the intervention or protest date Web site that enables subscribers to the Commission in determining the receive e-mail notification when a need not serve motions to intervene or appropriate action to be taken, but will document is added to a subscribed protests on persons other than the not serve to make protestants parties to docket(s). For assistance with any FERC Applicant. the proceeding. Any person wishing to Online service, please e-mail The Commission encourages become a party must file a notice of [email protected], or call electronic submission of protests and intervention or motion to intervene, as (866) 208–3676 (toll free). For TTY, call interventions in lieu of paper using the appropriate. Such notices, motions, or (202) 502–8659. ‘‘eFiling’’ link at http://www.ferc.gov. protests must be filed in accordance Magalie R. Salas, Persons unable to file electronically with the provisions of Section 154.210 Secretary. should submit an original and 14 copies of the Commission’s regulations (18 CFR [FR Doc. E4–2580 Filed 10–12–04; 8:45 am] of the protest or intervention to the 154.210). Anyone filing an intervention or protest must serve a copy of that BILLING CODE 6717–01–P Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC document on the Applicant. Anyone 20426. filing an intervention or protest on or DEPARTMENT OF ENERGY before the intervention or protest date This filing is accessible on-line at need not serve motions to intervene or Federal Energy Regulatory http://www.ferc.gov, using the protests on persons other than the Commission ‘‘eLibrary’’ link and is available for Applicant. review in the Commission’s Public The Commission encourages [Docket No. RP04–610–000] Reference Room in Washington, DC. electronic submission of protests and Texas Gas Transmission, LLC; Notice There is an ‘‘eSubscription’’ link on the interventions in lieu of paper using the of Proposed Changes in FERC Gas Web site that enables subscribers to ‘‘eFiling’’ link at http://www.ferc.gov. Tariff receive e-mail notification when a Persons unable to file electronically document is added to a subscribed should submit an original and 14 copies October 4, 2004. docket(s). For assistance with any FERC of the protest or intervention to the Take notice that on September 24, Online service, please e-mail Federal Energy Regulatory Commission, 2004, Texas Gas Transmission, LLC, [email protected], or call 888 First Street, NE., Washington, DC (Texas Gas) tendered for filing as part of 20426.

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This filing is accessible on-line at need not serve motions to intervene or Any person desiring to intervene or to http://www.ferc.gov, using the protests on persons other than the protest this filing must file in ‘‘eLibrary’’ link and is available for Applicant. accordance with Rules 211 and 214 of review in the Commission’s Public The Commission encourages the Commission’s Rules of Practice and Reference Room in Washington, DC. electronic submission of protests and Procedure (18 CFR 385.211, 385.214). There is an ‘‘eSubscription’’ link on the interventions in lieu of paper using the Protests will be considered by the Web site that enables subscribers to ‘‘eFiling’’ link at http://www.ferc.gov. Commission in determining the receive e-mail notification when a Persons unable to file electronically appropriate action to be taken, but will document is added to a subscribed should submit an original and 14 copies not serve to make protestants parties to docket(s). For assistance with any FERC of the protest or intervention to the the proceeding. Any person wishing to Online service, please e-mail Federal Energy Regulatory Commission, become a party must file a notice of [email protected], or call 888 First Street, NE., Washington, DC intervention or motion to intervene, as (866) 208–3676 (toll free). For TTY, call 20426. appropriate. Such notices, motions, or (202) 502–8659. This filing is accessible on-line at protests must be filed on or before the Magalie R. Salas, http://www.ferc.gov, using the comment date. Anyone filing a motion to intervene or protest must serve a copy Secretary. ‘‘eLibrary’’ link and is available for review in the Commission’s Public of that document on the Applicant. On [FR Doc. E4–2592 Filed 10–12–04; 8:45 am] Reference Room in Washington, DC. or before the comment date, it is not BILLING CODE 6717–01–P There is an ‘‘eSubscription’’ link on the necessary to serve motions to intervene Web site that enables subscribers to or protests on persons other than the DEPARTMENT OF ENERGY receive e-mail notification when a Applicant. document is added to a subscribed The Commission encourages Federal Energy Regulatory docket(s). For assistance with any FERC electronic submission of protests and Commission Online service, please e-mail interventions in lieu of paper using the [email protected], or call ‘‘eFiling’’ link at http://www.ferc.gov. [Docket No. RP04–611–000] (866) 208–3676 (toll free). For TTY, call Persons unable to file electronically Transwestern Pipeline Company; (202) 502–8659. should submit an original and 14 copies of the protest or intervention to the Notice of Tariff Filing Magalie R. Salas, Federal Energy Regulatory Commission, October 4, 2004. Secretary. 888 First Street, NE., Washington, DC Take notice that on September 27, [FR Doc. E4–2590 Filed 10–12–04; 8:45 am] 20426. 2004, Transwestern Pipeline Company BILLING CODE 6717–01–P This filing is accessible on-line at (Transwestern) tendered for filing as http://www.ferc.gov, using the part of its FERC Gas Tariff, Second ‘‘eLibrary’’ link and is available for Revised Volume No. 1 (Tariff), the DEPARTMENT OF ENERGY review in the Commission’s Public following tariff sheet to become effective Federal Energy Regulatory Reference Room in Washington, DC. November 1, 2004: Commission There is an ‘‘eSubscription’’ link on the Second Revised Volume No. 1. Web site that enables subscribers to Fourteenth Revised Sheet No. 5B.03. receive e-mail notification when a [Docket No. EL05–1–000] Transwestern states that pursuant to document is added to a subscribed Section 25 of the General Terms and Union Power Partners, L.P., docket(s). For assistance with any FERC Conditions of Transwestern’s FERC Complainant v. Entergy Services, Inc. Online service, please e-mail Tariff, Transwestern is filing a tariff Entergy Operating Companies, [email protected], or call sheet, setting forth the new TCR II Respondents; Notice of Complaint (866) 208–3676 (toll free). For TTY, call reservation surcharges that (202) 502–8659. Transwestern proposes to put into effect October 5, 2004. Comment Date: 5 p.m. eastern time on on November 1, 2004. Take notice that on October 4, 2004, October 25, 2004. Any person desiring to intervene or to Union Partners, L.P. (Union) filed a Linda Mitry, Complaint against the Entergy Operating protest this filing must file in Acting Secretary. accordance with Rules 211 and 214 of Companies and Entergy Services, Inc. [FR Doc. E4–2579 Filed 10–12–04; 8:45 am] the Commission’s Rules of Practice and (collectively, Entergy) pursuant to Rule Procedure (18 CFR 385.211 and 206 of the Commission’s Rules of BILLING CODE 6717–01–P 385.214). Protests will be considered by Practice and Procedure (18 CFR the Commission in determining the 385.206). Union asserts that Entergy, in DEPARTMENT OF ENERGY appropriate action to be taken, but will violation of its Open Access not serve to make protestants parties to Transmission Tariff (OATT) and Federal Energy Regulatory the proceeding. Any person wishing to Commission pricing policy, has unjustly Commission become a party must file a notice of and unreasonably failed to provide intervention or motion to intervene, as transmission credits, with interest, [Docket No. EL04–140–000, et al.] appropriate. Such notices, motions, or associated with network facilities paid protests must be filed in accordance for by Complainant. Union requests a Pasco Cogen, Ltd., et al.; Electric Rate with the provisions of Section 154.210 Commission order directing Entergy to and Corporate Filings of the Commission’s regulations (18 CFR amend certain interconnection 154.210). Anyone filing an intervention agreements to provide transferability of October 5, 2004. or protest must serve a copy of that transmission credits. The following filings have been made document on the Applicant. Anyone Union states that it has served by e- with the Commission. The filings are filing an intervention or protest on or mail, messenger, or overnight delivery listed in ascending order within each before the intervention or protest date on Entergy. docket classification.

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1. Pasco Cogen, Ltd. 4. Tucson Electric Power Company and Comment Date: 5 p.m. eastern time on UNS Electric, Inc. October 20, 2004. [Docket Nos. EL04–140–000 and QF92–156– 006] [Docket No. ER04–460–003] 8. PJM Interconnection, L.L.C. Take notice that on September 30, Take notice that on September 30, [Docket No. ER03–1101–006] 2004, Pasco Cogen, Ltd. (Pasco) 2004, Tucson Electric Power Company Take notice that on September 29, submitted a request for a temporary (Tucson Electric) and UNS Electric Inc. 2004, PJM Interconnection, L.L.C. (PJM) waiver of the operating standards for its (UNS Electric) filed an amendment to filed a supplement to its September 22, qualifying cogeneration facility located their July 14, 2004, filing submitted in 2004, report in Docket No. ER03–1101– in Dade City, Florida, pursuant to compliance with the Commission(s June 005 on the effects of PJM’s credit policy section 292.205(c) of the Commission’s 4, 2004, order in Docket No. ER04–442– for virtual bidders, to provide regulations in the above caption 000, et al. Tucson requests an effective information on the numbers and dockets. Pasco states that the waiver date of April 26, 2004. megawatt-hours of bids by market being requested is for calendar years Comment Date: 5 p.m. eastern time on participants engaged in virtual bidding. 2004 and 2005. October 21, 2004. PJM states that copies of this filing have been served on all persons listed Comment Date: 5 p.m. eastern time on 5. Entergy Services, Inc. on the official service list compiled by October 21, 2004. [Docket No. ER04–763–003] the Secretary in this proceeding. 2. Union Power Partners, L.P., Take notice that on September 30, Comment Date: 5 p.m. eastern time on Complainant v. Entergy Services, Inc., 2004, Entergy Services, Inc., (Entergy), October 20, 2004. Entergy Operating Companies, on behalf of Entergy Arkansas, Inc., 9. Oregon Electric Utility Company, Respondents Entergy Gulf States, Inc., Entergy Portland General Electric Company, Louisiana, Inc., Entergy Mississippi, [Docket No. EL05–1–000] Portland General Term Power Inc., and Entergy New Orleans, Inc., Procurement Company Take notice that on October 4, 2004, submitted an errata filing to correct the Union Partners, L.P. (Union) filed a Order No. 614 designation of one tariff [Docket No. ER04–1206–001] Complaint against the Entergy Operating sheet included in Entergy’s August 9, Take notice that on September 29, Companies and Entergy Services, Inc. 2004, regional reliability variations 2004, Oregon Electric Utility Company (collectively, Entergy) pursuant to Rule compliance filing for Entergy’s Large (OEUC), Portland General Electric 206 of the Commission’s Rules of Generator Interconnection Procedures Company and Portland General Term Practice and Procedure (18 CFR pursuant to Entergy Services, Inc., 108 Power Procurement Company submitted 385.206). Union asserts that Entergy, in FERC ¶61,020 (2004). for filing import capability data in violation of its Open Access Comment Date: 5 p.m. eastern time on support of the application filed Transmission Tariff (OATT) and October 21, 2004. September 8, 2004, in Docket No. ER04– Commission pricing policy, has unjustly 1206–000. 6. Entergy Services, Inc. Comment Date: 5 p.m. eastern time on and unreasonably failed to provide October 20, 2004. transmission credits, with interest, [Docket No. ER04–830–002] associated with network facilities paid Take notice that on September 30, 10. ISO New England, Inc. for by Complainant. 2004, Entergy Services, Inc., (Entergy), [Docket No. ER04–1255–000] on behalf of Entergy Arkansas, Inc., Union requests a Commission order Take notice that on September 29, Entergy Gulf States, Inc., Entergy directing Entergy to amend certain 2004, as amended September 30, 2004, Louisiana, Inc., Entergy Mississippi, interconnection agreements to provide ISO New England Inc. (ISO) submitted Inc., and Entergy New Orleans, Inc., transferability of transmission credits. an application to revise provisions of submitted an errata filing to correct the Appendix E to Market Rule 1 regarding Union states that it has served by e- Order No. 614 designation of several the Day-Ahead Load Response Program. mail, messenger, or overnight delivery tariff sheets included in Entergy’s on Entergy. ISO states that copies of the filing August 9, 2004, compliance filing for have been served on all NEPOOL Comment Date: 5 p.m. eastern time on Entergy’s Large Generator Participants, and the Governors and October 25, 2004. Interconnection Procedures pursuant to utility regulatory agencies of the New Entergy Services, Inc., 108 FERC 3. New England Power Pool and ISO England States. ¶ 61,029 (2004). New England Inc. Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on October 21, 2004. [Docket No. ER02–2330–031] October 21, 2004. 11. The Dayton Power and Light Take notice that on September 30, 7. Illinois Power Company Company 2004, ISO New England Inc. (ISO) [Docket No. ER04–1092–001] submitted a Status Report on [Docket No. ER04–1256–000] Development of Day-Ahead Load Take notice that on September 29, Take notice that on September 30, Response Program in Docket No. ER02– 2004, Illinois Power Company (Illinois 2004, The Dayton Power and Light 2330–031 as directed by the Power) submitted for filing Service Company (Dayton) tendered for filing a Commission in its November 17, 2003, Agreement No. 390, pursuant to which Local Delivery Service Agreement with Order on Requests for Rehearing and Illinois Power takes Network Integration Buckeye Power, Inc. Compliance Filing, 105 FERC ¶61,211. Transmission Service under its Open Comment Date: 5 p.m. eastern time on Access Transmission Tariff for the October 21, 2004. ISO states that copies of the filing purpose of serving retail native load 12. Alabama Power Company have been served on all parties to the customers, revised in compliance with above-captioned proceeding. the Commission’s order issued [Docket No. ER04–1260–000] Comment Date: 5 p.m. eastern time on September 1, 2004, in Docket No. ER04– Take notice that on September 30, October 21, 2004. 1092–000. 2004, Alabama Power Company (APC),

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submitted for filing amendments to the submitted proposed revisions to its 385.214). Protests will be considered by Index of Purchasers of Rate Schedule Open Access Transmission Tariff to the Commission in determining the REA–1 of APC’s FERC Electric Tariff, enable the NYISO to recover or return appropriate action to be taken, but will Original Volume No. 1. APC states that the net of any financial settlements that not serve to make protestants parties to the Index of Purchasers has been revised may result pursuant to a limited testing the proceeding. Any person wishing to to remove certain of the delivery points program of virtual regional dispatch become a party must file a notice of for Black Warrior Electric Membership concepts with a neighboring control intervention or motion to intervene, as Corporation and Tombigbee Electric area. appropriate. Such notices, motions, or Cooperative, Inc. NYISO states that it has electronically protests must be filed on or before the Comment Date: 5 p.m. eastern time on served a copy of this filing on the comment date. Anyone filing a motion October 21, 2004. official representative of each of its to intervene or protest must serve a copy Market Participants, on each participant of that document on the Applicant and 13. Midwest Independent Transmission in its stakeholder governance all parties to this proceeding. System Operator, Inc. committees, and on the New York The Commission encourages [Docket No. ER04–1261–000] Public Service Commission and New electronic submission of protests and Take notice that on September 30, Jersey Board of Public Utilities. The interventions in lieu of paper using the 2004, the Midwest Independent NYISO has also served the electric ‘‘eFiling’’ link at http://www.ferc.gov. Transmission System Operator, Inc. utility regulatory agency of Persons unable to file electronically (Midwest ISO), the Midwest ISO Pennsylvania. should submit an original and 14 copies Transmission Owners, and the Midwest Comment Date: 5 p.m. eastern time on of the protest or intervention to the Stand Alone Transmission Companies October 20, 2004. Federal Energy Regulatory Commission, (Filing Parties) submitted for filing 16. Midwest Independent Transmission 888 First Street, NE., Washington, DC proposed revisions to Midwest’s ISO System Operator, Inc. 20426. Open Access Transmission Tariff to This filing is accessible on-line at [Docket No. ER04–1264–000] accommodate Illinois Power Company http://www.ferc.gov, using the becoming a new transmission owner Take notice that on September 30, ‘‘eLibrary’’ link and is available for member of the Midwest ISO. The Filing 2004, the Midwest Independent review in the Commission’s Public Parties request an effective date of Transmission System Operator, Inc. Reference Room in Washington, DC. (Midwest ISO), the Midwest ISO October 1, 2004. There is an ‘‘eSubscription’’ link on the The Filing Parties have also requested Transmission Owners, and the Midwest Web site that enables subscribers to Stand Alone Transmission Companies waiver of the service requirements set receive e-mail notification when a (collectively, Filing Parties) submitted forth in 18 CFR 385.2010. Midwest ISO document is added to a subscribed for filing proposed revisions to the states that it has electronically served a docket(s). For assistance with any FERC Agreement of Transmission Facilities copy of this filing, with attachments, Online service, please email Owners to Organize the Midwest upon all Midwest ISO Members, [email protected], or call Independent Transmission System Member representatives of Transmission (866) 208–3676 (toll free). For TTY, call Operator, Inc., a Delaware Non-Stock Owners and Non-Transmission Owners, (202) 502–8659. Corporation to accommodate Illinois as well as all State commissions within Power Company becoming a new Magalie R. Salas, the region. In addition, the filing has transmission owner member of the Secretary. been electronically posted on the Midwest ISO. The Filing Parties request [FR Doc. E4–2578 Filed 10–12–04; 8:45 am] Midwest ISO’s Web site at http:// an effective date of October 1, 2004. BILLING CODE 6717–01–P www.midwestiso.org under the heading The Filing Parties state that they have Filings to FERC for other interested also requested waiver of the service parties in this matter. Midwest ISO also requirements set forth in 18 CFR DEPARTMENT OF ENERGY states that it will provide hard copies to 385.2010. Midwest ISO states that it has any interested parties upon request. electronically served a copy of this Federal Energy Regulatory Comment Date: 5 p.m. eastern time on filing, with attachments, upon all Commission October 21, 2004. Midwest ISO Members, Member [Docket No. EC04–163–000, et al.] 14. Illinois Power Company representatives of Transmission Owners and Non-Transmission Owners, as well LenderCo, et al.; Electric Rate and [Docket No. ER04–1262–000] as all state commissions within the Corporate Filings Take notice that on September 30, region. In addition, the filing has been 2004, Illinois Power Company (Illinois electronically posted on the Midwest October 4, 2004. Power) tendered for filing a Notice of ISO’s Web site at http:// The following filings have been made Cancellation for certain service www.midwestiso.org under the heading with the Commission. The filings are agreements under its Open Access Filings to FERC for other interested listed in ascending order within each Transmission Tariff. Illinois Power parties in this matter. Midwest ISO also docket classification. requests and effective date of October 1, state that they will provide hard copies 1. LenderCo; Panda Gila River I, LLC, 2004. to any interested parties upon request. Comment Date: 5 p.m. eastern time on Panda Gila River II, LLC, Union Power Comment Date: 5 p.m. eastern time on I, LLC, Union Power II, LLC October 21, 2004. October 21, 2004. [Docket No. EC04–163–000] 15. New York Independent System Standard Paragraph Operator, Inc. Take notice that on September 30, Any person desiring to intervene or to 2004, Panda Gila River I, LLC, Panda [Docket No. ER04–1263–000] protest this filing must file in Gila River II, LLC, Union Power I, LLC, Take notice that on September 30, accordance with Rules 211 and 214 of Union Power II, LLC (collectively, the 2004, the New York Independent the Commission’s Rules of Practice and TECO Applicants) and LenderCo System Operator, Inc. (NYISO) Procedure (18 CFR 385.211 and (together with the TECO Applicants,

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Applicants) submitted an application Development, Inc. (and its subsidiaries) PG&E states that copies of this filing pursuant to section 203 of the Federal (collectively, the WPSR Companies), have been served upon the parties of Power Act for authorization of a submitted a three-year update of the record in FERC Docket No. ER04–13– disposition of jurisdictional facilities justification for their authorization to 000 and ER04–13–001, Duke Energy held indirectly by the TECO Applicants. sell power at market-based rates. Moss Landing, LLC, the California Applicants state that the proposed WPSR Companies state that copies of Independent System Operator disposition of jurisdictional facilities is this filing have been served on the Corporation, and the California Public directly related to the disposition of an Public Service Commissions of Utilities Commission. approximately 2,200 MW natural gas- Wisconsin, Michigan and Maine. Comment Date: 5 p.m. Eastern Time fired, combined cycle electric generating Comment Date: 5 p.m. Eastern Time on October 20, 2004. on October 18, 2004. facility located in Union County, 8. Entergy Services, Inc. Arkansas and an approximately 2,200 5. AmerGen Energy Company, LLC; [Docket No. ER04–699–000] MW natural gas-fired, combined cycle Commonwealth Edison Company, electric generating facility located in Exelon Energy Company, Exelon Entergy Services, Inc. Gila Bend, Arizona. Framingham, LLC, Exelon Generation Comment Date: 5 p.m. Eastern Time [Docket Nos. ER03–1272–002 and ER03– Company, LLC, Exelon New Boston, 1272–003] on October 21, 2004. LLC, Exelon New England Power As announced in a Notice of 2. LSP-Kendall Energy, LLC, Granite II Marketing, L.P., Exelon West Medway, Technical Conference, issued September Holding, LLC, LSP Kendall Holding, LLC, Exelon Wyman, LLC, PECO Energy 27, 2004, in the above referenced LLC Company, Unicom Power Marketing, proceedings, a technical conference will Inc. [Docket No. EC04–164–000] be held on October 8, 2004, in Jackson, Mississippi. The conference will be held Take notice that on September 30, [Docket Nos. ER99–754–009, ER98–1734– 007, ER97–3954–017, ER01–513–006, ER00– from 9:30 a.m. to 3:30 p.m. (Central 2004, LSP-Kendall Energy, LLC (LSP- 3251–007, ER99–2404–005, ER01–513–006, Time) at the Mississippi Department of Kendall), Granite II Holding, LLC ER01–513–007, ER01–513–008, ER99–1872– Education Building, 359 N. West Street, (Granite II) and LSP Kendall Holding 008, and ER01–1919–004] Jackson, Mississippi (parking for this LLC (Holding) filed with the Federal Take notice that on September 27, meeting is available in the Robert E. Lee Energy Regulatory Commission an 2004, Exelon Generation Company, LLC Building, directly across the street from application pursuant to section 203 of (Exelon) and its affiliates listed above the Department of Education Building, the Federal Power Act for authorization (jointly Exelon), submitted for filing on the 7th and 8th floors of the garage). for the disposition of jurisdictional generation market power screens and Members of the Federal Energy facilities in connection with the sale by other analyses performed for Exelon in Regulatory Commission are expected to Granite II to Holding of all of the issued compliance with the Commission’s participate, along with Entergy Services, and outstanding membership interests orders issued April 14, 2004 and July 8, Inc’s (Entergy) state and local utility in LSP-Kendall, which owns an 2004 107 FERC ¶ 61,018 (2004) and regulators. approximately 1,160 MW combined 61,026 (2004). Following is a description of how the cycle electric generation facility located Comment Date: 5 p.m. Eastern Time conference will be organized. To in Kendall County, Illinois. on October 18, 2004. encourage dialog and discussion, the Comment Date: 5 p.m. Eastern Time Commission is not expecting 6. Pinnacle West Capital Corporastion, on October 21, 2004. presentations or prepared remarks from Arizona Public Service Company, market participants. Rather, the 3. Northern Iowa Windpower LLC Pinnacle West Energy Corporation, APS Commission intends this to be a Energy Service Company, Inc. [Docket No. EG04–104–000] working session. On September 30, 2004, Northern [Docket Nos. ER00–2268–006, ER99–4124– The morning session will address Iowa Windpower LLC (Northern Iowa) 004, ER00–3312–005, and ER99–4122–007] Entergy’s Weekly Procurement Process filed with the Federal Energy Regulatory Take notice that on September 28, (WPP) proposal. Issues we would like to Commission an Application for 2004, the Pinnacle West Capital explore include: Transparency of Redetermination of Exempt Wholesale Corporation (PWCC), the Arizona Public information; refinement of the types of Generator Status pursuant to part 365 of Service Company, the Pinnacle West products to be offered through the WPP; the Commission’s regulations. Energy Corporation and APS Energy the interplay of the WPP and the Northern Iowa owns and operates a Services, Company, Inc. (collectively Available Flowgate Capability (AFC); wind-powered eligible facility with a the Pinnacle West Companies), filed a the respective roles and responsibilities capacity of 80 megawatts, powered by supplement to its market update for of the Independent Coordinator of eighty-nine wind turbine generators, authorization to sell at market-based Transmission (ICT), Entergy which is located in Worth County, Iowa. rates and various tariff amendments Management Organization (EMO), and Comment Date: 5 p.m. Eastern Time filed on August 11, 2004, pursuant to Entergy Transmission in the WPP; to on October 15, 2004. the request of Commission staff. what extent do customers benefit from Comment Date: 5 p.m. Eastern Time 4. Wisconsin Public Service better economic dispatch; and any on October 15, 2004. Corporation; Wisconsin Public Service additional issues or concerns that Corporation, WPS Power Development, 7. Pacific Gas and Electric Company participants wish to discuss related to Inc., WPS Energy Services, Inc. the WPP. [Docket No. ER04–13–004] We note that Entergy and the market [Docket Nos. ER95–1528–008 and ER96– Take notice that on September 29, participants have had two meetings in 1088–033] 2004, Pacific Gas and Electric Company our offices intended as a follow-up to Take notice that, on September 27, (PG&E) submitted a compliance filing address certain questions and concerns 2004, Wisconsin Public Service pursuant to the Commission’s order expressed during the July 28 and 29, Corporation (WPSC), WPS Energy issued August 3, 2004 in Docket No. 2004 Technical Conference held in New Services, Inc. and WPS Power ER04–13–000 and 001. Orleans. We will first provide Entergy

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and the market participants the University Park) submitted a corrected Company (Ameren) (collectively, opportunity to provide us with an revised sheet to its FERC Electric Tariff, Applicants) filed with the Commission update on any progress made to resolve Original Volume No. 1 to replace a sheet a Joint Application Under section 205 of issues. submitted with its August 11, 2004 the Federal Power Act for Approval of The afternoon session will discuss the filing, as amended on August 13, 2004, Transition to Formulae Rate. Applicants ICT proposal. Specifically, issues we in Docket No. ER04–1111–000. requests an effective date of October 1, would like to explore include: how PPL University Park states that copies 2004. could the ICT proposal be changed to be of the filing were served upon PJM Comment Date: 5 p.m. Eastern Time more independent; what additional Interconnection, L.L.C., New York on October 19, 2004. roles or functionalities should the ICT Independent System Operator, Inc. and 14. Central Maine Power Company assume; and what stakeholder ISO New England Inc., and parties on processes, if any, would be appropriate the official service list in the above- [Docket No. ER04–1253–000] for the ICT, in its formation and on- captioned proceeding. Take notice that on September 29, going operations. Comment Date: 5 p.m. Eastern Time 2004, Central Maine Power Company Parties will have the opportunity to on October 19, 2004. (CMP) submitted an Executed file supplemental comments following Continuing Site/Interconnection the conclusion of the conference. 11. Westar Energy, Inc. Agreement (CSIA) between CMP and The conference is open for the public [Docket No. ER04–1150–001] FPL Energy Maine, Inc., which replaces to attend and preregistration is not Take notice that on September 28, an unexecuted CSIA filed with the required; however, attendees are asked 2004, Westar Energy, Inc. (Westar) Commission on March 19, 2004 in to register for the conference on-line by submitted an amendment to its August Docket No. ER04–425–000 and accepted close of business on Wednesday, 25, 2004 filing in Docket No. ER04– for filing by the Commission on June 16, October 6, at http://www.ferc.gov/whats- 1150–000. Westar states that the 2004. CMP states that this executed new/registration/entergy-1008-form.asp. amendment removes the request for the CSIA, which is intended to replace the Attendees may also register on-site. unexecuted CSIA without changing any Transcripts of the conference will be deletion of Westar’s need to submit a revised Exhibit II when delivery points terms and conditions, is designated as immediately available from Ace FERC Electric Tariff, Fifth Revised, Reporting Company (202–347–3700 or are added or changed. Westar states that a copy of this filing Volume No. 3, Third Revised Service 1–800–336–6646) for a fee. They will be Agreement No. 158, effective December available for the public on the was served upon the Kansas Corporation Commission, Kaw Valley 23, 2003. Commission’s e-Library seven calendar Comment Date: 5 p.m. Eastern Time Electric Cooperative, Nemaha-Marshall days after FERC receives the transcript. on October 20, 2004. For additional information, please Electric Cooperative Association, Inc. contact Anna Cochrane at (202) 502– and Doniphan Electric Cooperative. 15. Public Service Company of New 6357; [email protected], or Sarah Comment Date: 5 p.m. Eastern Time Mexico McKinley at (202) 502–8004; on October 19, 2004. [Docket No. ER04–1257–000] [email protected]. 12. Styrka Energy Master Fund LLC Take notice that on September 30, 9. Xcel Energy Operating Companies, [Docket No. ER04–1251–000] 2004, Public Service Company of New Mexico (PNM) submitted for filing with Northern States Power Company d/b/a Take notice that on September 28, Xcel Energy the Commission pursuant to section 205 2004, Styrka Energy Master Fund LLC of the Federal Power Act, 16 U.S.C. [Docket No. ER04–1107–001] (Applicant) tendered for filing an 824d (2000), a First Revised Network Take notice that on September 29, application for waivers and blanket Integration Transmission Service 2004, Xcel Energy Services Inc. (XES) approvals under various regulations of Agreement (NITSA) and First Revised on behalf of Northern States Power the Commission and for an order Network Operating Agreement (NOA) Company d/b/a Xcel Energy (NSP) filed accepting Styrka Energy Master Fund between PNM and The Incorporated an amendment to its August 10, 2004 LLC’s FERC Electric Rate Schedule No. County of Los Alamos, New Mexico filing in Docket No. ER04–1107–000, a 1. Applicant states that it is seeking (LAC) under PNM’s Open Access signed Contract for Interconnection, authority to make sales of electrical Transmission Tariff. PNM states that the Load Control Boundary and capacity, energy, ancillary services, and NITSA and NOA have been modified to Maintenance between NSP and the Firm Transmission Rights, Congestion reflect current business arrangements United States Department of Energy Credits, Fixed Transmission Rights, and between PNM and LAC, including Western Area Power Administration Auction Revenue Rights (collectively, updates to the billing credit mechanism (Pick-Sloan Missouri Basin Program, FTRs), as well as reassignments of under the NITSA. PNM requests an Eastern Division) (WAPA) dated July 12, transmission capacity, to wholesale effective date of October 1, 2004. 2004. XES proposes that the customers at market-based rates. PNM states that a copy of the filing Interconnection Agreement be Applicant requests and effective date of was served upon LAC, and designated as Rate Schedule 446-NSP to October 1, 2004. informational copies were served upon the Xcel Energy Operating Companies Comment Date: 5 p.m. Eastern Time the New Mexico Public Regulation FERC Electric Tariff, Original Volume on October 19, 2004. Commission and the New Mexico No. 3. XES requests an effective date of 13. Midwest Independent Transmission Attorney General. August 10, 2004. System Operator, Inc., Ameren Services Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Company on October 21, 2004. on October 12, 2004. [Docket No. ER04–1252–000] 16. Public Service Company of New 10. PPL University Park, LLC Mexico Take notice that on September 28, [Docket No. ER04–1111–002] 2004, Midwest Independent [Docket No. ER04–1258–000] Take notice that on September 28, Transmission System Operator, Inc., Take notice that on September 30, 2004, PPL University Park, LLC (PPL (Midwest ISO) and Ameren Services 2004, Public Service Company of New

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Mexico (PNM) submitted for filing with generators, power marketers, retail of that document on the Applicant and the Commission pursuant to section 205 customers, consumer advocates, and all parties to this proceeding. of the Federal Power Act, 16 U.S.C. state commissions, jointly submitted for The Commission encourages 824d (2000), a Third Revised Network filing, in the above-captioned dockets, a electronic submission of protests and Integration Transmission Service long-term transmission rate design interventions in lieu of paper using the Agreement (NITSA) and Third Revised proposal, for the combined Midwest ‘‘eFiling’’ link at http://www.ferc.gov. Network Operating Agreement (NOA) Independent Transmission System Persons unable to file electronically between PNM and Tri-State Generation Operator, Inc. (Midwest ISO) and PJM should submit an original and 14 copies and Transmission Association, Inc. (Tri- Interconnection, L.L.C. (PJM) region, of the protest or intervention to the State) under PNM’s Open Access and related Offer of Settlement, Federal Energy Regulatory Commission, Transmission Tariff. PNM states that the pursuant to section 205 of the Federal 888 First Street, NE., Washington, DC NITSA and NOA have been updated to Power Act, 16 U.S.C. 824d, Rule 602 of 20426. reflect revised levels of operating the Commission’s Rules of Practice and This filing is accessible on-line at reserves to be provided by Tri-State, and Procedure, 18 CFR 385.602, and the http://www.ferc.gov, using the to reflect current business arrangements Going-Forward Principles and ‘‘eLibrary’’ link and is available for between PNM and Tri-State. PNM Procedures approved by the review in the Commission’s Public requests an effective date of October 1, Commission by Order dated March 19, Reference Room in Washington, DC. 2004. 2004, in Midwest Independent There is an ‘‘eSubscription’’ link on the PNM states that a copy of the filing Transmission System Operator, Inc., et web site that enables subscribers to was served upon Tri-State, and al., 106 FERC ¶ 61,262 (2004). receive email notification when a informational copies were served upon The Unified Plan Proponents propose document is added to a subscribed the New Mexico Public Regulation to make their submittal effective as a docket(s). For assistance with any FERC Commission and the New Mexico single integrated package on December Online service, please email Attorney General. 1, 2004. [email protected], or call Comment Date: 5 p.m. Eastern Time The Unified Plan Proponents also (866) 208–3676 (toll free). For TTY, call on October 21, 2004. have requested waiver of the service (202) 502–8659. 17. Pacific Gas and Electric Company requirements set forth in 18 CFR Magalie R. Salas, [Docket No. ER04–1259–000] 385.2010. The Unified Plan Proponents Secretary. have electronically served a copy of this Take notice that on September 29, [FR Doc. E4–2596 Filed 10–12–04; 8:45 am] filing, with attachments, upon the 2004, Pacific Gas and Electric Company official LISTSERVE in Docket No. EL02– BILLING CODE 6717–01–P (PG&E) tendered for filing the Large Facilities Authorization Letter No. 3, the 111–000, et al., and all Midwest ISO and Small Facilities Authorization Letter PJM members and posted it on the DEPARTMENT OF ENERGY No. 7, and the Other Facilities websites of Midwest ISO and PJM. Authorization Letter, submitted Also take notice that on October 1, Federal Energy Regulatory pursuant to the procedures for 2004, Allegheny Power, Ameren Commission Services Corporation, American Electric implementation (Procedures) of section [Project No. 2035–039 Colorado] 3.3 of the 1987 Agreement between Power Service Corporation, Exelon PG&E and the City and County of San Corporation, Illinois Power Company City and County of Denver; Notice of Francisco (City). PG&E states that this is and LG&E Energy, L.L.C., jointly Availability of Environmental PG&E’s sixth quarterly filing submitted submitted for filing, in Docket Nos. Assessment pursuant to section 4 of the Procedures, EL02–111–019, EL03–212–016 and which provides for the quarterly filing EL04–135–000, a long-term October 5, 2004. of Facilities Authorization Letters. transmission pricing proposal. They In accordance with the National PG&E states that copies of this filing state that copies of this filing were Environmental Policy Act of 1969, as have been served upon City, the served on parties on the official service amended, and the Federal Energy California Independent System Operator list in Docket Nos. EL02–111–000 and Regulatory Commission’s regulations Corporation, and the California Public EL03–212–000. (18 CFR part 380), Commission staff Utilities Commission. Comment Date: 5 p.m. Eastern Time have reviewed an application for Comment Date: 5 p.m. Eastern Time on October 15, 2004. amendment of license for the Gross Reservoir Project, filed April 22, 2004, on October 21, 2004. Standard Paragraph to: (1) Change the location of the project 18. Midwest Independent Transmission Any person desiring to intervene or to powerhouse and install two turbines System Operator, Inc. and PJM protest this filing must file in with synchronous generators, (2) install Interconnection, L.L.C; Midwest accordance with Rules 211 and 214 of approximately 580 feet of new penstock, Independent Transmission System the Commission’s Rules of Practice and (3) modify the alignment of the Operator, Inc., et al.; Ameren Services Procedure (18 CFR 385.211 and transmission lines, (4) construct a Company, et al.; Midwest Independent 385.214). Protests will be considered by parking lot at the proposed powerhouse; Transmission System Operator, Inc., et the Commission in determining the and (5) increase project generation al. appropriate action to be taken, but will capacity. The project is located on [Docket No. ER05–6–000, EL02–111–019, not serve to make protestants parties to South Boulder Creek, near the city of EL03–212–016, and EL04–135–000] the proceeding. Any person wishing to Boulder, in Boulder County, Colorado. Take notice that on October 1, 2004, become a party must file a notice of The project occupies Federal lands the Unified Plan Proponents, consisting intervention or motion to intervene, as managed by the U.S. Forest Service, of transmission owners, independent appropriate. Such notices, motions, or Roosevelt National Forest, and the transmission companies, transmission- protests must be filed on or before the Bureau of Land Management. dependent utilities, municipal and comment date. Anyone filing a motion In the EA, Commission staff has cooperative entities, independent to intervene or protest must serve a copy analyzed the probable environmental

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effects of the proposed amendment and The project is currently in the diameter natural gas pipeline and have concluded that approval of the preliminary design stage. At this time related facilities to deliver up to 250,000 proposal, with appropriate no formal application has been filed dekatherms per day (Dth/d) of natural environmental measures, would not with the FERC. For this project, the gas from TransCanada Pipelines, Ltd. to constitute a major Federal action FERC staff is initiating its National the Millennium Pipeline. The pipeline significantly affecting the quality of the Environmental Policy Act (NEPA) would be constructed in Ontario, Yates, human environment. review prior to receiving the Schuyler, and Chemung Counties, New A copy of the EA is attached to a application. This will allow interested York. Empire would construct the new Commission order titled ‘‘Order stakeholders to be involved early in 22,000 hp compressor station on its Amending License,’’ which was issued project planning and to identify and existing pipeline in Genesee County, October 1, 2004, and is available for resolve issues before an application is New York. review and reproduction at the filed with the FERC. A docket number At this time, KeySpan Gas East Commission’s Public Reference Room, (PF04–16–000) has been established to Corporation (KeySpan) has executed a located at 888 First Street, NE., Room place information filed by Empire and precedent agreement for 150,000 Dth/d 2A, Washington, DC 20426. The EA may related documents issued by the of the proposed transportation capacity also be viewed on the Commission’s Commission, into the public record.1 on Empire’s system. KeySpan has Web site at http://www.ferc.gov using Once a formal application is filed with requested that the proposed facilities be the ‘‘elibrary’’ link. Enter the docket the FERC, a new docket number will be available to provide the requested number (prefaced by P-) and excluding established. service by November 1, 2006. Therefore, the last three digits, in the docket This notice is being sent to Empire plans to file its certificate number field to access the document. landowners along the various pipeline application in March 2005 and states For assistance, contact FERC Online routes under consideration; Federal, that it would need to receive authority Support at state, and local government agencies; for the project by January 2006 in order [email protected] or toll- elected officials; environmental and to meet the requested in-service date. free at (866) 208–3676, or for TTY, public interest groups; Native American A map depicting the preliminary contact (202) 502–8659. tribes; and local libraries and pipeline route is provided in appendix newspapers. 1. 3 Magalie R. Salas, With this notice, we 2 are asking these Land Requirements Secretary. and other Federal, state, and local [FR Doc. E4–2585 Filed 10–12–04; 8:45 am] agencies with jurisdiction and/or Construction of the proposed facilities would require a total of about 900 acres BILLING CODE 6717–01–P special expertise with respect to environmental issues to formally of land. Typically, pipeline construction cooperate with us in the preparation of would occur within a nominal 75-foot- DEPARTMENT OF ENERGY the EA. These agencies may choose to wide right-of-way. This width would be participate once they have evaluated the reduced in forested areas to 65 feet and Federal Energy Regulatory proposal relative to their would be increased up to 100 feet in Commission responsibilities. Agencies which would agricultural areas where segregated like to request cooperating status should topsoil would be stored and in areas [Docket No. PF04–16–000] follow the instructions for filing with rugged terrain which would comments described in appendix 2 of require additional right-of-way width Empire State Pipeline; Notice of this notice. We encourage government for tiered construction or for extra Environmental Review and Scoping for representatives to notify their workspace for spoil storage or safety. the Empire Connector Project and constituents of this planned project and The pipeline construction right-of-way Request for Comments on encourage them to comment on their would require about 815 acres of land Environmental Issues areas of concern. plus about 5 acres of land for additional Some affected landowners may be temporary workspaces at road, railroad, October 4, 2004. contacted by a project representative waterbody and wetland crossings for The staff of the Federal Energy about the acquisition of an easement to staging the crossing of these features. Regulatory Commission (FERC or construct, operate, and maintain the About 20 acres would be required for Commission) will prepare an proposed pipeline. If so, the company construction of the compressor station environmental assessment (EA) that will should seek to negotiate a mutually and other aboveground facilities. discuss the environmental impacts of acceptable agreement. In the event that Empire anticipates needing to use about Empire State Pipeline’s (Empire) the project is certificated by the 15 miles of access roads during proposed Empire Connector Project Commission, that approval conveys the construction, affecting about 30 acres of (project) in New York. The proposed right of eminent domain for securing land. Most of these roads would be facilities would consist of about 80 easements for the pipeline. Therefore, if existing roads, but they may be widened miles of 24-inch-diameter pipeline easement negotiations fail to produce an and/or lengthened and some may be extending from Empire’s existing agreement, the company could initiate new roads. Also, Empire would need pipeline in Victor, New York, to an condemnation proceedings in about 30 acres for use as contractor or interconnection with the Millennium accordance with state law. pipe yards. Pipeline near Corning, New York; and Summary of the Proposed Project about 22,000 horsepower (hp) of 3 The appendices referenced in this notice are not compression at a new compressor Empire proposes to construct and being printed in the Federal Register. Copies are operate about 80 miles of 24-inch- available on the Commission’s Internet Web site station on Empire’s exiting pipeline in (http://www.ferc.gov) Copies are available on the Oakfield, New York. The Commission Commission’s Internet Web site (http:// will use this EA in its decision-making 1 To view information in the docket, follow the www.ferc.gov) at the ‘‘eLibrary’’ link or from the instructions for using the eLibrary link at the end Commission’s Public Reference and Files process to determine whether or not the of this notice. Maintenance Branch at (202) 502–8371. For project is in the public convenience and 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the instructions on connecting to eLibrary refer to the necessity. environmental staff of the Office of Energy Projects. last page of this notice.

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Following construction, about 500 To ensure your comments are Public Participation acres would be maintained for operation considered, please carefully follow the of the new facilities. About 480 acres instructions in the public participation You can make a difference by would be required along the permanent, section beginning on page 5. providing us with your specific 50-foot-wide pipeline right-of-way. comments or concerns about the project. Currently Identified Environmental About 10 acres would be permanently By becoming a commentor, your Issues required for the new compressor station concerns will be addressed in the EA and other aboveground facility sites. We have identified several issues that and considered by the Commission. You Empire anticipates needing to use about we think deserve attention based on a should focus on the potential 5 miles of the access roads used during preliminary review of the planned environmental effects of the proposal, construction as permanent access road facilities and the environmental alternatives to the proposal (including affecting about 10 acres. The remaining resources present in the project area. alternative locations and routes), and 400 acres of land would be restored and This preliminary list of issues may be measures to avoid or lessen allowed to revert to its former use. changed based information obtained environmental impact. Empire has during the public participation period established a preliminary pipeline route The EA Process and on our continuing analysis: for the project; however, if minor NEPA requires the Commission to • Geology and Soils. reroutes or variations are required to take into account the environmental avoid or minimize impacts to certain — Assessment of construction and features on your property, this is your impacts that could result from an action restoration on agricultural lands whenever it considers the issuance of a opportunity to assist us and Empire in and areas with a high water table. identifying your specific areas of Certificate of Public Convenience and — Assessment of impacts related to concern. The more specific your Necessity. NEPA also requires us to blasting. comments, the more useful they will be. discover and address issues and • Water Resources. concerns the public may have about Please carefully follow these — Impact on water quality and proposals. This process is referred to as instructions to ensure that your aquatic species crossed by pipeline ‘‘scoping.’’ The main goal of the scoping comments are received and properly facilities. process is to focus the analysis in the recorded: — Impacts on water wells and EA on the important environmental • groundwater. Send an original and two copies of issues and reasonable alternatives. By — Impacts on wetlands. your letter to: Magalie R. Salas, this notice, we are requesting agency Secretary, Federal Energy Regulatory • Fish, Wildlife, and Vegetation. and public comments on the scope of Commission, 888 First St., NE., Room the issues to be analyzed and presented — Effects on wildlife and fisheries. 1A, Washington, DC 20426; in the EA. All scoping comments — Potential effects on essential fish • habitat. Label one copy of your comments received will be considered during the for the attention of Gas Branch 2; and preparation of the EA. To ensure your • Endangered and Threatened Species. • Reference Docket No. PF04–16–000 comments are considered, please — Potential effects on federally-listed on the original and both copies. carefully follow the instructions in the species. public participation section of this • Cultural Resources. Please note that we are continuing to notice. — Assessment of cultural resources experience delays in mail deliveries The EA will discuss impacts that studies. from the U.S. Postal Service. As a result, could occur as a result of the — Native American and tribal we will include all comments that we construction and operation of the concerns. receive within a reasonable time frame proposed project under these general in our environmental analysis of this • Land Use, Recreation and Special headings: project. However, the Commission Interest Areas, and Visual • encourages electronic filing of any Geology and soils. Resources. • Water resources, fisheries, and comments or interventions or protests to — Effects of construction and wetlands. this proceeding. See 18 CFR operation on existing land uses. • Vegetation and wildlife. 385.2001(a)(1)(iii) and the instructions • — Effects of construction on on the Commission’s Web site at Endangered and threatened species. residential properties. • Land use. http://www.ferc.gov under the ‘‘eFiling’’ • — Permanent land use alteration link and the link to the User’s Guide. Cultural resources. associated with site development. • Air quality and noise. Before you can file comments you will • — Visual impacts associated with the need to create a free account which can Public safety. new compressor station and other Our independent analysis of the be created by clicking on ‘‘Login to File’’ above ground facilities. and then ‘‘New User Account.’’ issues will be in the EA. Depending on • Air Quality and Noise. the comments received during the If you do not want to send comments — Effects on air quality and the noise scoping process, the EA may be at this time but still want to remain on environment from construction and published and mailed to Federal, state, our mailing list, please return the operation of the proposed facilities. and local agencies, public interest Mailing List Retention Form included in • groups, interested individuals, affected Reliability and Safety. Appendix 3. landowners, newspapers, libraries, and — Safety and security of the The environmental staff of the FERC the Commission(s official service list for compressor station and pipeline. will conduct a site visit of the proposed this proceeding. A comment period will Our evaluation will also include facility locations. Anyone interested in be allotted for review if the EA is possible alternatives to the proposed participating in the field trip may published. We will consider all project or portions of the project, and attend, but they must provide their own comments on the EA before we make we will make recommendations on how transportation. We will meet at the our recommendations to the to lessen or avoid impacts on the following locations at the indicated Commission. various resource areas of concern. dates and times:

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Tuesday, October 19, 2004 discuss current proposals for the market adequately sized, all parties that plan to 8 a.m., Corning Museum of Glass, One power mitigation under the Market attend the settlement conference are Museum Way, Corning, New York. Design and Technology Upgrade requested to contact the Director of the Program in light of the California Public Commission’s Dispute Resolution Wednesday, October 20, 2004 Utilities Commission’s Draft Order on Service before noon on Thursday, 8 a.m., Dresden Post Office parking lot, Resource Adequacy. October 7, 2004. If additional room is 60 Main St., Dresden, NY. The discussion may address matters needed, the session will be held in Please contact Empire’s representative at issue in the following proceeding: Hearing Room 1 at the same location. All parties in the above-referenced Vince Dick at (585) 321–4207 for Docket Nos. ER02–1656–000 and dockets are requested to attend the directions to the locations of the ER02–1656–019, California Independent settlement conference. Any questions beginning of the site visit. System Operator Corporation. The meeting will take place on regarding this conference, please call Availability of Additional Information October 7, 2004 and is expected to begin Richard Miles, the Director of the Additional information about the at approximately 10 a.m. (PDT). The Dispute Resolution Service at (202) 502– project is available from the meeting will take place at the CAISO’s 8702 or [email protected]. Commission’s Office of External Affairs, facilities in Folsom, CA. The meeting is Magalie R. Salas, open to the public. at 1–866–208 FERC (3372) or on the Secretary. FERC Internet Web site (http:// For more information, contact Olga Kolotushkina, Office of General [FR Doc. E4–2582 Filed 10–12–04; 8:45 am] www.ferc.gov). Using the ‘‘eLibrary’’ BILLING CODE 6717–01–P link, select ‘‘General Search’’ from the Counsel, Federal Energy Regulatory eLibrary menu, enter the selected date Commission at (202) 502–6024 or range and ‘‘Docket Number’’ (i.e., PF04– [email protected]. DEPARTMENT OF ENERGY 16–000), and follow the instructions. Magalie R. Salas, Searches may also be done using the Secretary. Federal Energy Regulatory Commission phrase ‘‘Empire’’ in the ‘‘Text Search’’ [FR Doc. E4–2584 Filed 10–12–04; 8:45 am] field. For assistance with access to BILLING CODE 6717–01–P eLibrary, the helpline can be reached at Notice of FERC Staff Attendance at 1–866–208–3676, TTY (202) 502–8659, Miso Stakeholder Meeting or at [email protected]. The DEPARTMENT OF ENERGY October 4, 2004. eLibrary link on the FERC Internet Web The Federal Energy Regulatory site also provides access to the texts of Federal Energy Regulatory Commission hereby gives notice that formal documents issued by the Commission members of its staff may attend a Commission, such as orders, notices, meeting of the Midwest Independent and rule makings. [Docket Nos. ER02–2234–010, ER03–139– 006, ER03–791–003, ER04–111–002, ER04– Transmission System Operator, Inc. In addition, the Commission now 785–001] (MISO) stakeholders noted below, offers a free service called eSubscription where the MISO stakeholders are that allows you to keep track of all California Power Exchange expected to discuss the implementation formal issuances and submittals in Corporation; Notice of Alternative of the Commission’s recent specific dockets. This can reduce the Dispute Resolution Conference Grandfathered Agreements Order, 108 amount of time you spend researching FERC ¶ 61,236 (2004). The staff’s October 5, 2004. proceedings by automatically providing attendance is part of the Commission’s you with notification of these filings, On August 20, 2004, in the ‘‘Order ongoing outreach efforts. document summaries, and direct links Providing Additional Time to Conduct to the documents. To register for this Settlement Discussions,’’ California MISO Stakeholder Meeting— Power Exchange Corp., 108 FERC October 6, 2004, 9 a.m.–2 p.m. (e.s.t.) service, go to http://www.ferc.gov/ Lakeside Conference Center (directly esubscribenow.htm. ¶ 61,199 (2004), the Commission across from MISO’s headquarters), 630 West granted the parties’ request for Magalie R. Salas, Carmel Drive, Carmel, IN 46032. additional time to conduct settlement The discussions may address matters at Secretary. discussions. The Commission also noted issue in the following proceedings: [FR Doc. E4–2586 Filed 10–12–04; 8:45 am] that if the parties wish to pursue Docket No. ER04–691 and EL04–104, BILLING CODE 6717–01–P alternative dispute resolution services, Midwest Independent Transmission they could contact its Dispute System Operator, Inc., et al. Resolution Service. Docket No. EL02–65–000, et al., Alliance DEPARTMENT OF ENERGY Subsequent to the submission of the Companies, et al. Docket No. RT01–87–000, et al., Midwest first status reports, the California Power Federal Energy Regulatory Independent Transmission System Exchange Corporation contacted the Commission Operator, Inc. Commission’s Dispute Resolution Docket No. ER03–323, et al., Midwest Notice of FERC Staff Participation in Service to see if a process could be Independent Transmission System Meeting of California Independent implemented to assist the parties in Operator, Inc. Docket No. ER03–1118, Midwest System Operator Corporation their negotiations. On October 8, 2004, the Director of Independent Transmission System October 4, 2004. the Commission’s Dispute Resolution Operator, Inc. Docket No. ER04–375, Midwest Independent The Federal Energy Regulatory Service will hold a settlement Transmission System Operator, Inc., et al. Commission hereby gives notice that conference in the above-captioned Docket Nos. EL04–43 and EL04–46, Tenaska members of its staff may participate in docket. The settlement conference will Power Services Co. and Cargill Power the October 7, 2004 stakeholder meeting begin at 9:30 a.m. (EST) in Room 3M– Markets, LLC v. Midwest Independent of the California Independent System 3, 888 1st St. NE., Washington, DC Transmission System Operator, Inc. Operator Corporation (CAISO) to 20426. To insure that the room is The meeting is open to the public.

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For more information, contact Patrick Transcripts of the conference will be period through the December 2020 Clarey, Office of Markets, Tariffs and Rates, immediately available from Ace billing period. Federal Energy Regulatory Commission at Reporting Company (202) 347–3700 or DATES: The Power Allocations are (317) 249–5937 or [email protected], or 1–800–336–6646) for a fee. They will be Christopher Miller, Office of Markets, Tariffs effective November 12, 2004. and Rates, Federal Energy Regulatory available for the public on the ADDRESSES: Information about these Commission at (317) 249–5936 or Commission’s eLibrary system seven Power Allocations, including [email protected]. calendar days after FERC receives the comments, letters, and other supporting transcript. Additionally, Capitol documents made or kept by Western in Magalie R. Salas, Connection offers the opportunity for developing the final allocations, are Secretary. remote listening of the conference via available for public inspection and [FR Doc. E4–2583 Filed 10–12–04; 8:45 am] the Internet or a Phone Bridge copying at the Upper Great Plains BILLING CODE 6717–01–P Connection for a fee. Interested persons Customer Service Region, Western Area should make arrangements as soon as Power Administration, located at 2900 possible by visiting the Capitol 4th Avenue North, P.O. Box 35800, DEPARTMENT OF ENERGY Connection Web site at http:// Billings, MT 59107–5800. Public www.capitolconnection.gmu.edu and comments are available online at Federal Energy Regulatory clicking on ‘‘FERC.’’ If you have any http://www.wapa.gov/ugp/contracts/ Commission questions contact David Reininger or post2005/comments.htm. [Docket No. AD04–13–000] Julia Morelli at the Capitol Connection FOR FURTHER INFORMATION CONTACT: (703–993–3100). Nancy Senitte, Public Utilities Assessing the State of Wind Energy in For more information about the Specialist, Upper Great Plains Customer Wholesale Electricity Markets; Notice conference, please contact Sarah Service Region, Western Area Power of Technical Conference McKinley at (202) 502–8004, Administration, 2900 4th Avenue North, [email protected]. October 4, 2004. Billings, MT 59107–1266, telephone Take notice that the Federal Energy Magalie R. Salas, (406) 247–7429, e-mail Regulatory Commission will host a Secretary. [email protected]. technical conference on Wednesday, [FR Doc. E4–2593 Filed 10–12–04; 8:45 am] SUPPLEMENTARY INFORMATION: Western December 1, 2004 to assess the state of BILLING CODE 6717–01–P published the final Post-2005 Resource wind energy in wholesale electricity Pool Allocation Procedures (Procedures) markets. The workshop will be held at in the Federal Register (68 FR 67414, the Adams Mark Denver Hotel, 1550 DEPARTMENT OF ENERGY December 2, 2003), to implement Court Place, Denver, Colorado 80202. Subpart C–Power Marketing Initiative of The workshop is scheduled to begin at Western Area Power Administration the Program’s Final Rule (10 CFR 905), 9 a.m. and end at approximately 5 p.m. Post-2005 Resource Pool, Pick-Sloan published in the Federal Register (60 (Mountain Standard Time). The Missouri Basin Program—Eastern FR 54151, October 20, 1995). The Commissioners will attend and Division Program, developed in part to participate. implement section 114 of the Energy The goal of the technical conference AGENCY: Western Area Power Policy Act of 1992, became effective on is to explore possible policy changes Administration, DOE. November 20, 1995. The goal of the that would better accommodate the ACTION: Notice of final power Program is to require planning for participation of wind energy in allocations. efficient electric energy use by wholesale markets. Topics may include: Western’s long-term firm power • The interest in and need for reform SUMMARY: The Western Area Power customers and to extend Western’s firm to the transmission service options Administration’s (Western) Upper Great power resource commitments. One under open-access transmission tariffs Plains Customer Service Region, a aspect of the Program is to establish to better accommodate intermittent Federal power marketing agency of the project-specific power resource pools resources like wind; Department of Energy, announces the and allocate power from these pools to • Whether the current methodology Post-2005 Resource Pool Power new preference customers. for determining imbalance charges Allocations (Power Allocations) to Western published its proposed unduly penalizes intermittent resources; fulfill the requirements of the Energy allocations in the Federal Register (69 • The role of regional transmission Planning and Management Program FR 16247, March 29, 2004), and planning processes; (Program). The Power Allocations come initiated a public comment period. • The inclusion of wind energy in from a Federal power resource pool of Public information and comment State resource adequacy plans and the long-term marketable resource of the forums on the proposed allocations installed capacity markets; and Pick-Sloan Missouri Basin Program— were held on April 27 and 28, 2004. The • Experiences of transmission Eastern Division (P–SMBP—ED) that public comment period ended on June providers that currently transmit wind will become available January 1, 2006. 28, 2004. energy. This notice also includes Western’s The Procedures, in conjunction with An agenda will be made available at responses to public comments on the Post-1985 Marketing Plan (45 FR a later time. proposed allocations published March 71860, October 30, 1980), establish the The conference is open for the public 29, 2004. framework for allocating power from the to attend, and registration is not Final Power Allocations are published P–SMBP—ED. required; however, in-person attendees to show Western’s decisions prior to are asked to register for the conference beginning the contractual phase of the Response to Comments on Proposed on-line by close of business on Monday, process. Firm electric service contracts, Post-2005 Resource Pool Allocations November 29, 2004 at http:// between Western and the allottees in The comments and responses www.ferc.gov/whats-new/registration/ this notice, will provide for allocations regarding the allocations of power, wind-1201-form.asp. of power from the January 2006 billing paraphrased for brevity when not

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affecting the meaning of the rates for the benefit of new customers power allocation to an entity from the statement(s), are discussed below. under the Post-2005 Resource Pool. The Post-2005 Resource Pool would not Comment: Western received a letter commenter suggests that all customers, automatically disqualify other State supporting the allocation plan for the regardless of class, should bear the entities or university units from Post-2005 Resource Pool. Western also burden of the proposed allocation. consideration for power allocations in received a letter expressing frustration Response: Western agrees that all future. with the process and allocations. customers should be impacted equally Response: The determination of future Response: Western exercised its and the Post-2005 Resource Pool resource pool criteria is outside of this discretion under Reclamation Law in process accomplishes that. Customers public process. shaping the final Procedures in response who hold allocations from a Western to public input provided during the resource pool are impacted the same; as Final Allocations of Power public process in allocating this each customer’s current allocation is resource to eligible applicants. Western The Power Allocations for new reduced by the same percentage. followed these Procedures in customers were calculated using the determining the Power Allocations. Western’s customers who received Procedures. As defined in the Post-1985 Comment: Western received a allocations from the Post-2000 Resource Marketing Plan criteria under the comment from a current customer Pool will see a reduction in their Procedures, the summer allocations are concerned with the Post-2005 Resource allocations at the same percentage as 24.84413 percent of total summer load; Pool process overburdening a specific those who hold allocations from the winter allocations are 35.98853 class of existing customers by using a previous marketing initiatives. This percent of total winter load. The final reallocation methodology which does process avoids any discrimination Power Allocations for new eligible not impact all existing customers among customers. customers and the loads these equally. The commenter believes this Comment: Western received a letter allocations are based upon are as results in an increase to retail power from an entity expressing hope that a follows:

Post-2005 2002 summer 2002 winter resource pool New customers season load season load power allocations kilowatts kilowatts Summer Winter kilowatts kilowatts

City of Auburn, IA ...... 515 409 128 147 City of Pocahontas, IA ...... 4,236 2,980 1,052 1,072 Montana State University—Bozeman, MT ...... 8,506 8,536 2,113 3,072

The final Power Allocations for new of particular applicability relating to ENVIRONMENTAL PROTECTION customers listed in the table above are rates or services and involves matters of AGENCY based on the P–SMBP—ED marketable procedure. resource available at this time. Firm [OPPT–2004–0077; FRL–7827–2] Electric Service Contracts will be Determination Under Executive Order 12866 Agency Information Collection offered to the customers listed in the Activities; Submission to OMB for table above. If the P–SMBP—ED Western has an exemption from Review and Approval; Comment marketable resource is adjusted in the centralized regulatory review under Request; Asbestos-Containing future, Power Allocations may be Materials in Schools Rule and Revised adjusted accordingly. Executive Order 12866; accordingly, no clearance of this notice by the Office of Asbestos Model Accreditation Plan Regulatory Procedure Requirements Management and Budget is required. Rule, EPA ICR No. 1365.07, OMB No. 2070–0091 Regulatory Flexibility Analysis Dated: September 27, 2004. The Regulatory Flexibility Act of 1980 Michael S. Hacskaylo, AGENCY: Environmental Protection (5 U.S.C. 601, et seq.) requires Federal Administrator. Agency (EPA). agencies to perform a regulatory [FR Doc. 04–22914 Filed 10–12–04; 8:45 am] ACTION: Notice. flexibility analysis if a final rule is likely BILLING CODE 6450–01–P to have a significant economic impact SUMMARY: In compliance with the on a substantial number of small entities Paperwork Reduction Act (44 U.S.C. and there is a legal requirement to issue 3501 et seq.), this document announces a general notice of proposed that the following Information rulemaking. This action does not require Collection Request (ICR) has been a regulatory flexibility analysis since it forwarded to the Office of Management is a rulemaking of particular and Budget (OMB) for review and applicability involving rates or services approval: Asbestos-Containing Materials applicable to public property. in Schools Rule and Revised Asbestos Model Accreditation Plan Rule, EPA Small Business Regulatory Enforcement ICR No. 1365.07, OMB No. 2070–0091. Fairness Act This is a request to renew an existing Western has determined that this rule approved collection. This ICR is is exempt from congressional scheduled to expire on October 31, notification requirements under 5 U.S.C. 2004. Under OMB regulations, the 801 because the action is a rulemaking Agency may continue to conduct or

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sponsor the collection of information system, select ‘‘search,’’ then key in the numbers for EPA’s regulations in 40 while this submission is pending at docket ID number identified above. CFR are listed in 40 CFR part 9 and OMB. This ICR describes the nature of Any comments related to this ICR included on the related collection the information collection and its should be submitted to EPA and OMB instrument or form, if applicable. estimated burden and cost. within 30 days of this notice. EPA’s Burden Statement: The annual public DATES: Additional comments may be policy is that public comments, whether reporting and recordkeeping burden for submitted on or before November 12, submitted electronically or in paper, this collection of information is 2004. will be made available for public estimated to be 20.5 hours per response viewing in EDOCKET as EPA receives for schools, 140 hours per response for ADDRESSES: Submit your comments, them and without change, unless the states, and 5.5 hours per response for referencing docket ID Number OPPT– comment contains copyrighted material, training providers. Burden means the 2004–0077, to (1) EPA online using CBI, or other information whose public total time, effort or financial resources EDOCKET (our preferred method), by disclosure is restricted by statute. When expended by persons to generate, email to [email protected] or by mail EPA identifies a comment containing maintain, retain or disclose or provide to: EPA Docket Center, Environmental copyrighted material, EPA will provide information to or for a Federal agency. Protection Agency, Office of Pollution a reference to that material in the This includes the time needed to review Prevention and Toxics (OPPT), version of the comment that is placed in instructions; develop, acquire, install Mailcode: 7407T, 1200 Pennsylvania EDOCKET. The entire printed comment, and utilize technology and systems for Ave., NW., Washington, DC 20460, and including the copyrighted material, will the purposes of collecting, validating (2) OMB at: Office of Information and be available in the public docket. and verifying information, processing Regulatory Affairs, Office of Although identified as an item in the and maintaining information, and Management and Budget (OMB), official docket, information claimed as disclosing and providing information; Attention: Desk Officer for EPA, 725 CBI, or whose disclosure is otherwise adjust the existing ways to comply with 17th Street, NW., Washington, DC restricted by statute, is not included in any previously applicable instructions 20503. the official public docket, and will not and requirements; train personnel to be FOR FURTHER INFORMATION CONTACT: be available for public viewing in able to respond to a collection of Barbara Cunningham, Acting Director, EDOCKET. For further information information; search data sources; Environmental Assistance Division, about the electronic docket, see EPA’s complete and review the collection of Office of Pollution Prevention and Federal Register notice describing the information; and transmit or otherwise Toxics, Environmental Protection electronic docket at 67 FR 38102 (May disclose the information. Agency, Mailcode: 7408, 1200 31, 2002), or go to http://www.epa.gov/ Respondents/Affected Entities: Local Pennsylvania Ave., NW., Washington, edocket. education agencies (e.g., elementary or DC 20460; telephone number: 202–554– Title: Asbestos-Containing Materials secondary school districts); asbestos 1404; e-mail address: TSCA- in Schools Rule and Revised Asbestos training providers to schools and [email protected]. Model Accreditation Plan Rule. educational systems; state education Abstract: The Asbestos Hazard departments or commissions; and SUPPLEMENTARY INFORMATION: EPA has Emergency Response Act (AHERA) public health programs. submitted the following ICR to OMB for requires local education agencies (LEAs) Frequency of Collection: On occasion. review and approval according to the to conduct inspections, develop Estimated No. of Respondents: procedures prescribed in 5 CFR 1320.12. management plans, and design or 121,321. On March 19, 2004, EPA sought conduct response actions with respect Estimated Total Annual Burden on comments on this renewal ICR (69 FR to the presence of asbestos-containing Respondents: 2,485,440 hours. 13032). EPA sought comments on this materials in school buildings. AHERA Estimated Total Annual Costs: ICR pursuant to 5 CFR 1320.8(d). EPA also requires states to develop model $66,571,300. received no comments during the accreditation plans for persons who Changes in Burden Estimates: This comment period. perform asbestos inspections, develop request reflects an increase in the total EPA has established a public docket management control plans, and design estimated burden of 273,289 hours for this ICR under Docket ID No. OPPT– or conduct response actions. This (from 2,212,151 hours to 2,485,440 2004–0077, which is available for public information collection addresses the hours) from that currently in the OMB viewing at the OPPT Docket in the EPA burden associated with recordkeeping inventory. This increase is attributable Docket Center (EPA/DC), EPA West, requirements imposed on LEAs by the to a change in the method of calculating Room B102, 1301 Constitution Ave., asbestos in schools rule, and reporting total annual burden for LEAs. In NW., Washington, DC. The EPA Docket and recordkeeping requirements previous ICRs, total burden was Center Public Reading Room is open imposed on states and training estimated for the remainder of the 30- from 8 a.m. to 4:30 p.m., Monday providers related to the model year implementation period, then through Friday, excluding legal accreditation plan rule. averaged over each of the remaining holidays. The telephone number for the Responses to the collection of years to estimate annual burden. Reading Room is 202–566–1744, and the information are mandatory (see 40 CFR Because burden is expected to decline telephone number for the Pollution part 763, subpart E). Respondents may over time as schools abate friable ACM, Prevention and Toxics Docket is 202– claim all or part of a notice as CBI. EPA this method produced lower annual 566–0280. An electronic version of the will disclose information that is covered burden estimates for the earlier years in public docket is available through EPA by a CBI claim only to the extent the period because total burden was Dockets (EDOCKET) at http:// permitted by, and in accordance with, averaged over a larger number of years. www.epa.gov/edocket. Use EDOCKET to the procedures in 40 CFR part 2. For this ICR renewal, the average submit or view public comments, access An agency may not conduct or estimated number of schools of each the index listing of the contents of the sponsor, and a person is not required to type in the three years of the renewal public docket, and to access those respond to, a collection of information period (years 17–19 of the documents in the public docket that are unless it displays a currently valid OMB implementation period) is used with the available electronically. Once in the control number. The OMB control unit burden estimates to derive an

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annual burden estimate. This is a more Washington, DC 20460; telephone 31, 2002), or go to http://www.epa.gov/ transparent method since it relies on number: (202) 564–7416; fax number edocket. simple multiplication of the estimated (202) 501–0394, E-mail address: Title: Clean Air Act Tribal Authority number of respondents by the unit [email protected]. (Renewal). Abstract: This Information Collection burden associated with each. SUPPLEMENTARY INFORMATION: EPA has Request (ICR) seeks authorization for Dated: October 4, 2004. submitted the following ICR to OMB for Tribes to demonstrate their eligibility to review and approval according to the Oscar Morales, be treated in the same manner as states Director, Collection Strategies Division. procedures prescribed in 5 CFR 1320.12. under the Clean Air Act (CAA) and to [FR Doc. 04–22959 Filed 10–12–04; 8:45 am] On July 13, 2004 (69 FR 42052), EPA submit applications to implement a sought comments on this ICR pursuant BILLING CODE 6560–50–P CAA program. This ICR extends the to 5 CFR 1320.8(d). EPA received no collection period of information for comments. determining eligibility, which expires EPA has established a public docket ENVIRONMENTAL PROTECTION October 31, 2004. The ICR also is for this ICR under Docket ID Number AGENCY revising the estimates of burden costs OAR–2004–0093, which is available for [OECA–2004–0093; FRL–7827–1] for Tribes in completing a CAA public viewing at the Air and Radiation application. Docket and Information Center in the The program regulation provides for Agency Information Collection EPA Docket Center (EPA/DC), EPA Activities; Submission for OMB Review Indian Tribes, if they so choose, to West, Room B102, 1301 Constitution assume responsibility for the and Approval; Comment Request; Avenue, NW., Washington, DC. The Clean Air Act Tribal Authority development and implementation of EPA Docket Center Public Reading CAA programs. The regulation, Indian (Renewal), ICR Number 1676.04, OMB Room is open from 8:30 a.m. to 4:30 Number 2060–0306 Tribes: Air Quality Planning and p.m., Monday through Friday, excluding Management (Tribal Authority Rule AGENCY: Environmental Protection legal holidays. The telephone number [TAR] 40 CFR parts 9, 35, 49, 50 and Agency (EPA). for the Reading Room is (202) 566–1744, 81), sets forth how Tribes may seek and the telephone number for the Air ACTION: Notice. authority to implement their own air and Radiation Docket and Information quality planning and management SUMMARY: In compliance with the Center Docket is: (202) 566–1741. An programs. The rule establishes: (1) Paperwork Reduction Act (44 U.S.C. electronic version of the public docket Which CAA provisions Indian Tribes 3501 et seq.), this document announces is available through EPA Dockets may seek authority to implement, (2) that an Information Collection Request (EDOCKET) at http://www.epa.gov/ what requirements the Tribes must meet (ICR) has been forwarded to the Office edocket. Use EDOCKET to submit or when seeking such authorization, and of Management and Budget (OMB) for view public comments, access the index (3) what Federal financial assistance review and approval. This is a request listing of the contents of the public may be available to help Tribes establish to renew an existing approved docket, and to access those documents and manage their air quality programs. collection. This ICR is scheduled to in the public docket that are available The TAR provides Tribes the authority expire on October 31, 2004. Under OMB electronically. When in the system, to administer air quality programs over regulations, the Agency may continue to select ‘‘search,’’ then key in the docket all air resources, including non-Indian conduct or sponsor the collection of ID number identified above. owned fee lands, within the exterior information while this submission is Any comments related to this ICR boundaries of a reservation and other pending at OMB. This ICR describes the should be submitted to EPA and OMB areas over which the tribe can nature of the information collection and within 30 days of this notice. EPA’s demonstrate jurisdiction. An Indian its estimated burden and cost. policy is that public comments, whether Tribe that takes responsibility for a CAA DATES: Comments must be submitted on submitted electronically or in paper, program would essentially be treated in or before November 12, 2004. will be made available for public the same way as a State would be viewing in EDOCKET as EPA receives treated for that program. An agency may ADDRESSES: Submit your comments, them and without change, unless the not conduct or sponsor, and a person is referencing docket ID number OAR– comment contains copyrighted material, not required to respond to, a collection 2004–0093, to (1) EPA online using Confidential Business Information (CBI), of information unless it displays a EDOCKET (our preferred method), by or other information whose public currently valid OMB control number. email to [email protected], or by disclosure is restricted by statute. When The OMB control numbers for EPA’s mail to: Environmental Protection EPA identifies a comment containing regulations are listed in 40 CFR part 9 Agency, EPA Docket Center (EPA/DC), copyrighted material, EPA will provide and 48 CFR chapter 15, and are Air and Radiation Docket and a reference to that material in the identified on the form and/or Information Center, EPA West, Mail version of the comment that is placed in instrument, if applicable. Code 6102T, 1200 Pennsylvania EDOCKET. The entire printed comment, Burden Statement: The annual public Avenue, NW., Washington, DC 20460, including the copyrighted material, will reporting and recordkeeping burden for and (2) OMB at: Office of Information be available in the public docket. this collection of information is and Regulatory Affairs, Office of Although identified as an item in the estimated to average 40 hours per Management and Budget (OMB), official docket, information claimed as response. Burden means the total time, Attention: Desk Officer for EPA, 725 CBI, or whose disclosure is otherwise effort, or financial resources expended 17th Street, NW., Washington, DC restricted by statute, is not included in by persons to generate, maintain, retain, 20503. the official public docket, and will not or disclose or provide information to or FOR FURTHER INFORMATION CONTACT: be available for public viewing in for a Federal agency. This includes the Darrel Harmon, Immediate Office, Office EDOCKET. For further information time needed to review instructions; of Air and Radiation, Mail Code 6101A, about the electronic docket, see EPA’s develop, acquire, install, and utilize Environmental Protection Agency, 1200 Federal Register notice describing the technology and systems for the purposes Pennsylvania Avenue, NW., electronic docket at 67 FR 38102 (May of collecting, validating, and verifying

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information, processing and communication about the upcoming (4) Foster a more ‘‘innovation- maintaining information, and disclosing solicitation. EPA anticipates publication friendly’’ organizational culture and and providing information; adjust the of a Federal Register notice to announce systems. This assistance program existing ways to comply with any the availability of the next solicitation strengthens EPA’s partnership with the previously applicable instructions and within 75 days. States by supporting State innovation requirements; train personnel to be able DATES: State Environmental Regulatory compatible with the Innovation to respond to a collection of Agencies will have 30 days from the Strategy. EPA would like to help States information; search data sources; date of this pre-announcement notice in build on previous experience and complete and review the collection of the Federal Register publication until undertake strategic innovation projects information; and transmit or otherwise November 12, 2004, to respond with: (1) that promote larger-scale models for disclose the information. Suggestions for specific topics that ‘‘next generation’’ environmental Respondents/Affected Entities: State, should be included under the general protection and promise better Local, or Tribal Governments. subject area of ‘‘Innovation in environmental results. EPA is interested Estimated Number of Respondents: Environmental Permitting Programs’’ in funding projects that go beyond a 27. (e.g., topics with 1–2 paragraphs single facility experiment and obtain Frequency of Response: One time description) for the next solicitation; better results from a program, process, application. and (2) point of contact information or sector-wide innovation. EPA is Estimated Total Annual Hour Burden: (name, title, mailing address, telephone particularly interested in innovation 360 hours. and fax numbers, and e-mail address) that promotes integrated (cross-media) Estimated Total Annual Costs: for the person within the State environmental management and is $26,438, which includes $0 annualized Environmental Regulatory Agency (in transferable to other States. capital/startup costs, $0 annual O&M addition to Commissioner or Cabinet In 2002, EPA initiated the State costs, and $26,438 annual labor costs. Secretaries) who should receive future Innovation Grants Program with a Changes in Estimates: There is a notices about the State Innovation competition that asked for State project decrease of 67 hours in the total Grants. We will automatically transmit proposals that would create innovation in environmental permitting programs estimated burden currently identified in notice of availability of the solicitation related to one of the Innovation the OMB Inventory of Approved ICR to people in State agencies identified for Strategy’s four priority environmental Burdens. This decrease is based on previous solicitations. estimates of fewer responses. issues: reducing greenhouse gases, ADDRESSES: Information should be sent reducing smog, improving water quality, Dated: October 4, 2004. to: State Innovation Grant Program; and ensuring the long-term integrity of Oscar Morales, Office of Policy, Economics and the nations’s water infrastructure. In Director, Collection Strategies Division. Innovation; U.S. Environmental addition, the solicitation encouraged [FR Doc. 04–22960 Filed 10–12–04; 8:45 am] Protection Agency (1807T); 1200 projects that test incentives that BILLING CODE 6560–50–P Pennsylvania Ave., NW., Washington, motivate ‘‘beyond-compliance’’ DC 20460. Responses may also be sent environmental performance, or move by fax to (202–566–2220), addressed to whole sectors toward improved ENVIRONMENTAL PROTECTION the ‘‘State Innovation Grant Program,’’ environmental performance. The 2002 AGENCY or by e-mail to: competition resulted in six state [email protected]. We [FRL–7827–4] innovation project awards. In October encourage e-mail responses. If you have 2003, the EPA National Center for State Innovation Grant Program, questions about responding to this Environmental Innovation (NCEI) Preliminary Notice and Request for notice, please contact EPA at this e-mail opened the 2003/2004 competition for Input on the Development of a address or fax number, or you may call projects to be funded in 2004. On April Solicitation for Proposals for 2004/ Sherri Walker at 202–566–2186. For 16, 2004, EPA announced the ten 2005 Awards point of contact information, please projects that have been selected from provide: name, title, department and this new competition. EPA is currently AGENCY: Environmental Protection agency, street or Post Office address, completing awards to States selected in Agency (EPA). city, State, zip code, telephone, fax, and that competition. For more information ACTION: Notice. e-mail address. EPA will acknowledge on last year’s solicitation, the proposals all responses it receives to this notice. received, and the 2003–04 award SUMMARY: The U.S. Environmental SUPPLEMENTARY INFORMATION: decisions, please see the Web site at: Protection Agency, Office of Policy, Background: In April 2002, EPA http://www.epa.gov/innovation/ Economics and Innovation (OPEI) is issued its plan for future innovation stategrants. giving a preliminary notice of its efforts, published as Innovating for Request for Input on Solicitation intention to solicit proposals for a 2004/ Better Environmental Results: A Topics and Priorities: Like the prior two 2005 grant program to support Strategy to Guide the Next Generation of solicitations, the 2004/2005 State innovation by state environmental Innovation at EPA (EPA 100–R–02–002; Innovation Grant Program competition regulatory agencies—the ‘‘State http://www.epa.gov/innovation/ will seek to strengthen EPA’s innovation Innovation Grant Program.’’ The Agency strategy/). The Agency’s Innovation partnership with States by providing a is also seeking input from State Strategy presents a framework for source of funding to facilitate State Environmental Regulatory Agencies on environmental innovation consisting of efforts to test new models for ‘‘next the topic areas for the solicitation. In four major elements: generation’’ environmental protection addition, EPA is asking each State (1) Strengthen EPA’s innovation that will provide better environmental Environmental Regulatory Agency to partnerships with States; results, consistent with the goals of designate a point of contact at the (2) Focus on priority environmental EPA’s Innovation Strategy. management level (in addition to the issues; EPA proposes to retain ‘‘innovation in Commissioner or Cabinet Secretary (3) Diversify environmental protection permitting’’ as the general subject area level) who should receive further tools and approaches; of the upcoming solicitation as well as

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the two specific topics under that theme already available through another agency [email protected], States & from last year: (1) Support for program. Territories: NY, NJ, PR, VI. development of state Environmental Marie Holman, U.S. EPA Region 3, 1650 Results Programs (ERP); and (2) projects Competition Limited to the State Arch Street (3EA40), Philadelphia, PA which explore the relationship between Environmental Regulatory Agency: The 19103, (215) 814–5463, Environmental Management Systems competition will be limited to the [email protected], States: DE, (EMS) and permitting (see EPA’s principal Environmental Regulatory DC, MD, PA, VA, WV. Strategy for Determining the Role of Agency within each State, although Melissa Heath, U.S. EPA Region 4, 61 EMS in Regulatory Programs at http:// these agencies are encouraged to partner Forsyth Street, SW., Atlanta, GA www.epa.gov/ems or http:// with other agencies within the State that 30303, (404) 562–8381, www.epa.gov/ems/policy/ have environmental mandates (e.g., [email protected], States: AL, EMS_and_the_Reg_ natural resources management, FL, GA, KY, MS, NC, SC, TN. Structure_41204F.pdf). EPA believes the transportation, public health, energy). Marilou Martin, U.S. EPA Region 5, B– general subject of ‘‘innovation in EPA will accept only one proposal from 19J, 77 West Jackson Blvd., Chicago, permitting’’ with specific topics of focus an individual State and it must be IL 60604–3507, (312) 353–9660, makes sense: the prior two solicitations submitted by the principal [email protected], States: MN, have evidenced a great deal of Environmental Regulatory Agency from WI, MI, IL, IN, OH. innovation taking place in state that State. States are also encouraged to David Bond, U.S. EPA Region 6, permitting programs; and focusing on a partner with neighboring States to Fountain Place, Suite 1200, 1445 Ross small number of topics within this address cross-boundary issues, to create Avenue, Dallas, TX 75202–2733, (214) subject area effectively concentrates the networks for peer-mentoring, and States 665–6431, [email protected], limited resources available for greater are particularly encouraged to consider States: AR, LA, NM, OK, TX. strategic impact. EPA proposes to add a partnering with Tribal governments in David Erickson, U.S. EPA Region 7, 901 third specific topic this year to enhance developing projects and proposals. A N. 5th Street, Kansas City, KS 66101, the focus of eligible projects under the multi-state or State-Tribal proposal will (913) 551–7162, permitting subject area: development be accepted in addition to an individual [email protected], States: KS, and implementation of incentives for State proposal, but a State may appear MO, NE, IA. environmental performance that goes in no more than one multi-State or Whitney Trulove-Cranor, U.S. EPA beyond compliance as part of State State-Tribal proposal in addition to its Region 8 (8P–SA), 999 18th Street, leadership and recognition programs. individual State proposal. Suite 300, Denver, CO 80202–2466, These incentives and their Request for State to Designate a (303) 312–6099, trulove- implementation should be transferable Primary Point of Contact: EPA asks that [email protected], States: CO, to other State performance-based each State Environmental Regulatory MT, ND, SD, UT, WY. programs and/or the National Agency designate as a primary point-of- Julie Anderson, U.S. EPA Region 9, 75 Environmental Performance Track contact, a manager who we will add to Hawthorne Street (SPE–1), San Program. In addition, EPA may the EPA notification list for further Francisco, CA 94105, (415) 947–4260, contemplate a very small number of announcements about the State [email protected], States & projects otherwise related to the theme Innovation Grant Program. We are Territories: CA, NV, AZ, HI, AS, GU. of permitting. EPA is asking for State asking that this name be submitted with Bill Glasser, U.S. EPA Region 10, 1200 Environmental Regulatory Agencies and the approval of the highest levels of Sixth Avenue (ENF–T), Seattle, WA other interested parties to provide brief management within an Agency 98101, 206–553–7215, (about 1 paragraph) suggestions about (Secretary, Commissioner, or their [email protected], States: AK, additional innovation topics within the deputies) within 30 days after ID, OR, WA. subject of innovation in permitting for publication of this notice in the FR Headquarters Office possible inclusion in the upcoming November 12, 2004. Please submit this State Innovation Grants Program, solicitation. EPA will continue to information to EPA as described in the encourage project proposals that address National Center for Environmental ADDRESSES section above. Innovation, Office of the the four priority environmental areas Open Dialogue: Between now and the identified above (i.e., reducing Administrator, U.S. EPA (MC 1807T), completion and release of the 1200 Pennsylvania Ave., NW., greenhouse gases; reducing smog; solicitation, States are encouraged to restoring and maintaining water quality; Washington, DC 20460, (202) 566– discuss potential projects with their 2186, (202) 566–2220 FAX, reducing the cost of water and EPA Regional contact to ascertain _ _ wastewater infrastructure) and use tools Innovation State [email protected]. whether the scope of a potential project For courier delivery only: Sherri (i.e., incentives, information, is suitable for funding under this performance measurement, etc.) Walker, U.S. EPA, EPA West Building, program. Feel free to contact the room 4214D, 1301 Constitution Ave., highlighted in the Innovation Strategy. appropriate Regional contact and the State Environmental Regulatory Agency NW., Washington, DC 20005. EPA HQ National Center for Opportunity for Focused Pre- respondents should send their Environmental Innovation: suggestions to EPA by mail, e-mail, or Competition Workshop: In addition, fax as described in the ADDRESSES Regional Contacts prior to this year’s solicitation, we are section above. planning to host a series of five George Frantz, U.S. EPA Region I, 1 ‘‘cluster’’ phone calls with sets of two Note: These grants will not be applied to Congress Street, Suite 1100, Boston, EPA Regions and all of their States. the development or demonstration of new MA 02114–2023, (617) 918–1883, These conference calls will enable us to environmental technologies, nor will NCEI be [email protected], States: ME, offer a two-hour streamlined proposal looking to fund projects that have as a NH, VT, MA, CT, RI. primary focus the upgrading of information development workshop to all States technology systems. Projects would be much Jennifer Thatcher, U.S. EPA Region 2, prior to our solicitation, and will allow less likely to be funded through this State 290 Broadway, 26th Floor, New York, us to answer any questions that the Innovation Grant if agency resources are NY 10007–1866, (212) 637–3593, States have prior to the competition, in

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keeping with Federal requirements that Pesticide Programs, Environmental holidays. The docket telephone number we afford assistance fairly in a Protection Agency, 1200 Pennsylvania is (703) 305–5805. competition process. Specific Ave., NW., Washington, DC 20460– 2. Electronic access. You may access conference call logistics and grant 0001; telephone number: (703) 605– this Federal Register document resource information will be provided to 0195; fax number: (703) 308–1850; e- electronically through the EPA Internet each Region and the States as well as mail address: [email protected] under the ‘‘Federal Register’’ listings at being posted on our Web site at or http://www.epa.gov/innovation/ Philip H. Gray, SFIREG Executive http://www.epa.gov/fedrgstr/. stategrants. We will probably conduct Secretary, P.O. Box 1249, Hardwick, VT An electronic version of the public one conference call (workshop) per 05843–1249; telephone number: (802) docket is available through EPA’s week, for five weeks in October, through 472–6956; fax number: (802) 472–6957; electronic public docket and comment early November 2004. Workshop e-mail address: system, EPA Dockets. You may use EPA summaries, and all other resource [email protected]. Dockets at http://www.epa.gov/edocket/ materials will be posted on the Web site SUPPLEMENTARY INFORMATION: to view public comments, access the at http://www.epa.gov/innovation/ index listing of the contents of the I. General Information stategrants. Through this effort, we are official public docket, and to access hoping to encourage individual States A. Does this Action Apply to Me? those documents in the public docket (and/or State-led teams) to submit well- You may be potentially affected by that are available electronically. developed pre-proposals that effectively Although not all docket materials may describe in particular how their project this action if you are interested in be available electronically, you may still will achieve measurable environmental SFIREG information exchange access any of the publicly available results. relationship with EPA regarding important issues related to human docket materials through the docket Dated: October 6, 2004. health, environmental exposure to facility identified in Unit I.B.1. Once in Elizabeth Shaw, pesticides, and insight into EPA’s the system, select ‘‘search,’’ then key in Director, Office of Environmental Policy decision-making process. All interested the appropriate docket ID number. Innovation. parties are invited and encouraged to [FR Doc. 04–22958 Filed 10–12–04; 8:45 am] attend the meetings and participate as II. Tentative Agenda BILLING CODE 6560–50–P appropriate. Potentially affected entities 1. Atrazine relabeling. may include, but are not limited to those persons who are or may be 2. E-labeling. ENVIRONMENTAL PROTECTION required to conduct testing of chemical 3. Mold issues and product AGENCY substances under the Federal Food, registration. [OPP–2004–0339; FRL–7683–4] Drug, and Cosmetic Act (FFDCA), or the 4. Automatic mister applications of Federal Insecticide, Fungicide, and mosquito adulticides. The Association of American Pesticide Rodenticide Act (FIFRA). Since other Control Officials/State FIFRA Issues entities may also be interested, the 5. Phosphide fumigants, proposed Q & Research and Evaluation Group; Agency has not attempted to describe all A documents. Working Committee on Pesticide the specific entities that may be affected 6. Reconciling label directions and Operations & Management; Notice of by this action. If you have any questions waste requirements. Public Meeting regarding the applicability of this action 7. Genetically Modified Organism to a particular entity, consult the person AGENCY: Environmental Protection (GMO) issues, plant-incorporated listed under FOR FURTHER INFORMATION Agency (EPA). pesticides and genetically altered CONTACT. ACTION: Notice. resistance. B. How Can I Get Copies of this 8. Liability waivers. SUMMARY: The Association of American Document and Other Related Pesticide Control Officials (AAPCO)/ Information? 9. Performance measures. State FIFRA Issues Research and 10. Risk mitigation label statements. Evaluation Group (SFIREG) Working 1. Docket. EPA has established an Committee on Pesticide Operations & official public docket for this action 11. Endangered species program Management (PO&M) will hold a 2–day under docket identification (ID) number implementation status. meeting, beginning on November 8, OPP–2004–0339. The official public 12. Container/containment rules and docket consists of the documents 2004, and ending November 9, 2004. implementation issues. This notice announces the location and specifically referenced in this action, any public comments received, and 13. Office of Pesticide Programs, and times for the meeting and sets forth the Office of Enforcement and Compliance tentative agenda topics. other information related to this action. Although a part of the official docket, Assurance updates. DATES: The meeting will be held on the public docket does not include 14. Issue papers and wrap up. Monday, November 8, 2004, from 8:30 Confidential Business Information (CBI) a.m. to 5 p.m., and on Tuesday, or other information whose disclosure is List of Subjects November 9, 2004, from 8:30 a.m. to restricted by statute. The official public Environmental protection. noon. docket is the collection of materials that ADDRESSES: The meeting will be held at is available for public viewing at the Dated: October 1, 2004. the Hyatt Regency, Crystal City Hotel, Public Information and Records William R. Diamond, 2799 Jefferson Davis Highway, Integrity Branch (PIRIB), Rm. 119, Arlington, VA 22202. Crystal Mall #2, 1801 S. Bell St., Director, Field and External Affairs Division, Office of Pesticide Programs. FOR FURTHER INFORMATION CONTACT: Arlington, VA. This docket facility is Georgia A. McDuffie, Field and External open from 8:30 a.m. to 4 p.m., Monday [FR Doc. 04–22877 Filed 10–12–04; 8:45 am] Affairs Division, (7506C), Office of through Friday, excluding legal BILLING CODE 6560–50–S

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ENVIRONMENTAL PROTECTION Agenda: Copies of the final agenda are Background: Background on the AGENCY available from the OTC office (202) 508– meeting described in this notice was 3840, by e-mail: [email protected] or via provided in a Federal Register Notice [FRL–7826–9] the OTC Web site at http:// published on July 30, 2004 (69 FR www.otcair.org. 45706–45707). The SAB Staff Office has Meeting of the Ozone Transport determined that the advisory on the Commission Dated: October 4, 2004. Richard J. Kampf, Regional Vulnerability Assessment Methods for Multi-Scale Decision- AGENCY: Environmental Protection Acting Regional Administrator. Agency. Making will be conducted by the SAB’s [FR Doc. 04–22961 Filed 10–12–04; 8:45 am] Ecological Processes and Effects ACTION: Notice of meeting. BILLING CODE 6560–50–P Committee augmented with experts in SUMMARY: The United States decision science and environmental decision-making, landscape ecology, Environmental Protection Agency is ENVIRONMENTAL PROTECTION analysis of land use change, ecology and announcing the 2004 Fall Meeting of the AGENCY Ozone Transport Commission (OTC). the use of geographic information This meeting will explore options [FRL–7827–3] system technology to analyze available for reducing ground-level environmental stressors and effects, and Science Advisory Board (SAB) Staff environmental statistics. A roster of ozone precursors in a multi-pollutant Office Notification of Upcoming context. Panel members, their biosketches, and Meeting of the Regional Vulnerability the meeting agenda will be posted on DATES: The meeting will be held on Assessment Advisory Panel the SAB Web site prior to the meeting. November 9, 2004 starting at 1 p.m. AGENCY: Environmental Protection Availability of Meeting Materials: The (EST), and November 10, 2004 starting Agency (EPA). meeting agenda and the charge to the at 9 a.m. (EST). SAB panel will be posted on the SAB ACTION: Notice. ADDRESSES: Historic Inns of Annapolis, Web site prior to the meeting. Meeting 58 State Circle, Annapolis, Maryland SUMMARY: The EPA’s Science Advisory materials also include: (1) The EPA 21401; (410) 263–2641. Board (SAB) Staff Office is announcing document, Regional Vulnerability FOR FURTHER INFORMATION CONTACT: a public face-to-face meeting of the SAB Assessment for the Mid-Atlantic Region: Marcia L. Spink, Associate Director, Air Regional Vulnerability Assessment Evaluation of Integration Methods and Protection Division, U.S. Environmental (ReVA) Advisory Panel. The purpose of Assessments Results; (2) the EPA Protection Agency, Region III, 1650 this meeting is to provide advice to EPA document, The U.S. EPA’s Regional Arch Street, Philadelphia, PA 19103; on the ReVA Methods for Multi-Scale Vulnerability Assessment Program—A (215) 814–2100. For Documents and Decision-Making. Research Strategy for 2001–2006; and Press Inquiries Contact: Ozone DATES: The SAB ReVA Advisory Panel (3) four Internet Web sites with versions Transport Commission, 444 North will meet starting Tuesday October 26, of the ReVA Web-based Environmental Capitol Street NW., Suite 638, 2004 at 9 a.m., and adjourn at Decision Toolkit (EDT). Copies of these Washington, DC 20001; (202) 508–3840; approximately 4 p.m. (eastern time) materials may be obtained by contacting e-mail: [email protected]; Web site: Wednesday October 27, 2004. Dr. Betsy Smith, EPA Office of Research and Development, by telephone: 919– http://www.otcair.org. ADDRESSES: The public meeting of the 541–0626, or e-mail: Panel will be held at the Science SUPPLEMENTARY INFORMATION: The Clean [email protected]. Air Act Amendments of 1990 contain at Advisory Board Conference Center Procedures for Providing Public Section 184 provisions for the ‘‘Control located at 1025 F Street, NW., Suite Comments: It is the policy of the EPA of Interstate Ozone Air Pollution.’’ 3705, Washington, DC 20004. SAB to accept written public comments Section 184(a) establishes an ‘‘Ozone FOR FURTHER INFORMATION CONTACT: Any of any length, and to accommodate oral Transport Region’’ (OTR) comprised of member of the public wishing further public comments whenever possible. the States of Connecticut, Delaware, information regarding the public The SAB Staff Office expects that public Maine, Maryland, Massachusetts, New meeting may contact Dr. Thomas statements presented at the ReVA panel Hampshire, New Jersey, New York, Armitage, Designated Federal Officer meeting will not be repetitive of Pennsylvania, Rhode Island, Vermont, (DFO), U.S. EPA Science Advisory previously submitted oral or written Northern Virginia and the District of Board by telephone/voice mail at (202) statements. Oral Comments: In general, Columbia. The purpose of the Ozone 343–9995, fax at (202) 233–0643, by e- each individual or group requesting an Transport Commission is to deal with mail at [email protected], or by oral presentation at a face-to-face ground level ozone formation, transport, mail at U.S. EPA SAB (1400F), 1200 meeting will be limited to a total time and control within the OTR. The Pennsylvania Ave., NW., Washington, of ten minutes (unless otherwise purpose of this notice is to announce DC, 20460. General information about indicated). Interested parties should that the OTC will meet on November 9– the SAB and the meeting location may contact the DFO in writing (e-mail, fax 10, 2004, at the address noted earlier in be found on the SAB Web site at: or mail—see contact information above) this notice. This meeting will explore http://www.epa.gov/sab. by close of business October 21, 2004 in options available for reducing ground- SUPPLEMENTARY INFORMATION: order to be placed on the public speaker level ozone precursors in a multi- Summary: Pursuant to the Federal list for the meeting. Speakers should pollutant context. Section 176A(b)(2) of Advisory Committee Act, Public Law bring at least 35 copies of their the Clean Air Act Amendments of 1990 92–463, Notice is hereby given that the comments and presentation slides for specifies that the meeting of the Ozone Panel will hold a public meeting to distribution to the participants and Transport Commission is not subject to provide advice to the EPA on the public at the meeting. Written the provisions of the Federal Advisory Agency’s Regional Vulnerability Comments: Although the SAB Staff Committee Act. This meeting will be Assessment Methods for Multi-Scale Office accepts written comments until open to the public as space permits. Decision-Making. The dates and times the date of the meeting (unless Type of Meeting: Open. for the meeting are provided above. otherwise stated), written comments

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should be received in the SAB Staff I. General Information DC 20460–0001. The request should: Office at least seven business days prior Identify the product name and A. Does this Action Apply to Me? to the meeting date so that the registration number and specify the data comments may be made available to the You may be potentially affected by or information desired. panel for their consideration. Comments this action if you are an agricultural A paper copy of the fact sheet, which should be supplied to the DFO at the producer, food manufacturer, or provides more detail on this address/contact information noted pesticide manufacturer. Potentially registration, may be obtained from the above in the following formats: One affected entities may include, but are National Technical Information Service hard copy with original signature, and not limited to: (NTIS), 5285 Port Royal Rd., • Crop production (NAICS 111) Springfield, VA 22161. one electronic copy via e-mail • (acceptable file format: Adobe Acrobat, Animal production (NAICS 112) 2. Electronic access. You may access • Food manufacturing (NAICS 311) this Federal Register document WordPerfect, Word, or Rich Text files in • Pesticide manufacturing (NAICS IBM-PC/Windows 98/2000/XP format). electronically through the EPA Internet 32532) under the ‘‘Federal Register’’ listings at Those providing written comments and This listing is not intended to be who attend the meeting are also asked http://www.epa.gov/fedrgstr/. exhaustive, but rather provides a guide An electronic version of the public to bring 35 copies of their comments for for readers regarding entities likely to be docket is available through EPA’s public distribution. affected by this action. Other types of electronic public docket and comment Meeting Accommodations: entities not listed in this unit could also system, EPA Dockets. You may use EPA Individuals requiring special be affected. The North American Dockets at http://www.epa.gov/edocket/ accommodation to access the public Industrial Classification System to submit or view public comments, meetings listed above should contact the (NAICS) codes have been provided to access the index listing of the contents DFO at least five business days prior to assist you and others in determining of the official public docket, and to the meeting so that appropriate whether this action might apply to access those documents in the public arrangements can be made. certain entities. If you have any docket that are available electronically. Dated: October 6, 2004. questions regarding the applicability of Although not all docket materials may this action to a particular entity, consult Vanessa Vu, be available electronically, you may still the person listed under FOR FURTHER access any of the publicly available Director, EPA Science Advisory Board Staff INFORMATION CONTACT. docket materials through the docket Office. facility identified in Unit I.B.1. Once in [FR Doc. 04–22962 Filed 10–12–04; 8:45 am] B. How Can I Get Copies of this Document and Other Related the system, select ‘‘search,’’ then key in BILLING CODE 6560–50–P Information? the appropriate docket ID number. 1. Docket. EPA has established an II. Did EPA Approve the Application? ENVIRONMENTAL PROTECTION official public docket for this action The Agency approved the application AGENCY under docket identification (ID) number after considering all required data on OPP–2004–0332. The official public risks associated with the proposed use [OPP–2004–0332; FRL–7682–8] docket consists of the documents of (3S, 6R)-3-methyl-6-isopropenyl-9- specifically referenced in this action, decen-1-yl acetate and (3S, 6S)-3- Pesticide Product; Registration any public comments received, and methyl-6-isopropenyl-9-decen-1-yl Approval other information related to this action. acetate, and information on social, Although a part of the official docket, economic, and environmental benefits AGENCY: Environmental Protection the public docket does not include to be derived from use. Specifically, the Agency (EPA). Confidential Business Information (CBI) Agency has considered the nature of the or other information whose disclosure is chemical and its pattern of use, ACTION: Notice. restricted by statute. The official public application methods and rates, and level docket is the collection of materials that and extent of potential exposure. Based SUMMARY: This notice announces is available for public viewing at the on these reviews, the Agency was able Agency approval of an application to Public Information and Records to make basic health and safety register the pesticide products Integrity Branch (PIRIB), Rm. 119, determinations which show that use of California Red Scale Technical Crystal Mall #2, 1801 S. Bell St., (3S, 6R)-3-methyl-6-isopropenyl-9- Pheromone and Red Scale Down Arlington, VA. This docket facility is decen-1-yl acetate and (3S, 6S)-3- containing an active ingredient not open from 8:30 a.m. to 4 p.m., Monday methyl-6-isopropenyl-9-decen-1-yl included in any previously registered through Friday, excluding legal acetate when used in accordance with product pursuant to the provisions of holidays. The docket telephone number widespread and commonly recognized section 3(c)(5) of the Federal Insecticide, is (703) 305–5805. practice, will not generally cause Fungicide, and Rodenticide Act In accordance with section 3(c)(2) of unreasonable adverse effects to the (FIFRA), as amended. FIFRA, a copy of the approved label, the environment. list of data references, the data and other FOR FURTHER INFORMATION CONTACT: III. Approved Application Denise Greenway, Biopesticides and scientific information used to support Pollution Prevention Division (7511C), registration, except for material 1. EPA issued a notice, published in Office of Pesticide Programs, specifically protected by section 10 of the Federal Register of August 11, 2004 Environmental Protection Agency, 1200 FIFRA, are also available for public (69 FR 48867) (FRL–7365–9), which Pennsylvania Ave., NW., Washington, inspection. Requests for data must be announced that HBB Partnership, 5151 DC 20460–0001; telephone number: made in accordance with the provisions N. Palm Ave., Ste. 820, Fresno, CA (703) 308–8263; e-mail address: of the Freedom of Information Act and 93704–2221, had submitted an [email protected]. must be addressed to the Freedom of application to register the pesticide Information Office (A–101), 1200 product, California Red Scale Technical SUPPLEMENTARY INFORMATION: Pennsylvania Ave., NW., Washington, Pheromone, a manufacturing use

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product for the formulation of a mating- ADDRESSES: Telecommunications 12. Special presentations. disruption pheromone end-use product, Access Policy Division, Wireline 13. Update List of NANC (EPA File Symbol 75108–E), containing Competition Bureau, Federal Accomplishments. the active ingredients (3S, 6R)-3-methyl- Communications Commission, The 14. Summary of action items. 6-isopropenyl-9-decen-1-yl acetate and Portals II, 445 12th Street, SW., Suite 5– 15. Public comments and (3S, 6S)-3-methyl-6-isopropenyl-9- A420, Washington, DC 20554. Requests participation (5 minutes per speaker). decen-1-yl acetate at 36% and 22% by to make an oral statement or provide 16. Other business. weight, respectively. This product was written comments to the NANC should Adjourn no later than 12:30 p.m. not previously registered. be sent to Deborah Blue. Next Meeting: Wednesday, January The application was approved on FOR FURTHER INFORMATION CONTACT: 19, 2005. September 15, 2004, as California Red Deborah Blue, Special Assistant to the Scale Technical Pheromone (EPA Designated Federal Officer (DFO) at Federal Communications Commission. Registration Number 75108–2) for use in (202) 418–1466 or Sanford S. Williams, manufacturing or formulating. [email protected]. The fax number Attorney, Telecommunications Access Policy 2. EPA also issued a notice, published is: (202) 418–2345. The TTY number is: Division, Wireline Competition Bureau. in the Federal Register of August 11, (202) 418–0484. [FR Doc. 04–22940 Filed 10–12–04; 8:45 am] 2004 (69 FR 48867), which announced SUPPLEMENTARY INFORMATION: Released: BILLING CODE 6712–01–P that HBB Partnership had submitted an October 7, 2004. application to register the pesticide The North American Numbering product, Red Scale Down, a mating Council (NANC) has scheduled a disruption pheromone end-use product, meeting to be held Thursday, November FEDERAL DEPOSIT INSURANCE (EPA File Symbol 75108–R), containing 4, 2004, from 8:30 a.m. until 12:30 p.m. CORPORATION the active ingredients (3S, 6R)-3-methyl- The meeting will be held at the Federal Determination of Insufficient Assets To 6-isopropenyl-9-decen-1-yl acetate and Communications Commission, Portals Satisfy All Claims of Financial (3S, 6S)-3-methyl-6-isopropenyl-9- II, 445 12th Street, SW., Room TW– Institution in Receivership decen-1-yl acetate at 0.041% and C305, Washington, DC. This meeting is 0.025% by weight, respectively. This open to members of the general public. product was not previously registered. AGENCY: Federal Deposit Insurance The FCC will attempt to accommodate Corporation. The application was approved on as many participants as possible. The ACTION: September 15, 2004, as Red Scale Down public may submit written statements to Notice. (EPA Registration Number 75108–1) for the NANC, which must be received two SUMMARY: The Federal Deposit the control of California red scale in business days before the meeting. In citrus. Insurance Corporation (FDIC) has addition, oral statements at the meeting determined that the proceeds that can List of Subjects by parties or entities not represented on be realized from the liquidation of assets the NANC will be permitted to the Environmental protection, Chemicals, of the receivership listed in extent time permits. Such statements Pesticides and pests. SUPPLEMENTARY INFORMATION are will be limited to five minutes in length Dated: September 29, 2004. insufficient to wholly satisfy the priority by any one party or entity, and requests claims of depositors against the Phil Hutton, to make an oral statement must be receivership estate. Therefore, upon Acting Director, Biopesticides and Pollution received two business days before the satisfaction of secured claims, depositor Prevention Division, Office of Pesticide meeting. Programs. claims, and claims which have priority over depositors under applicable law, [FR Doc. 04–22876 Filed 10–12–04; 8:45 am] Proposed Agenda—Thursday, November 4, 2004, 8:30 a.m.* no amount will remain or will be BILLING CODE 6560–50–S recovered sufficient to allow a dividend, 1. Announcements and recent news. distribution, or payment to any creditor 2. Approval of minutes. of lesser priority, including but not FEDERAL COMMUNICATIONS * Meeting of September 14, 2004. limited to claims of general creditors. COMMISSION 3. Report from NANP B&C Agent. Any such claims are hereby determined 4. Report of NAPM, LLC. to be worthless. [CC Docket No. 92–237; DA 04–3175] 5. Report of the North American FOR FURTHER INFORMATION CONTACT: Numbering Plan Administrator Thomas Bolt, Counsel, Legal Division, Next Meeting of the North American (NANPA). Numbering Council FDIC, 550 17th Street, NW., Room H– 6. Report of National Thousands 11052, Washington, DC 20429. AGENCY: Federal Communications Block Pooling Administrator. Telephone: (202) 736–0168. Commission. 7. Status of Industry Numbering Committee (INC) activities. SUPPLEMENTARY INFORMATION: Financial ACTION: Notice. 8. Reports from Issues Management Institution in Receivership Determined Groups (IMGs). To Have Insufficient Assets To Satisfy SUMMARY: On October 7, 2004, the All Claims, FIN 4657, Am Trade Commission released a public notice 9. Report of Local Number Portability Administration (LNPA) Working Group. International Bank of Georgia, Atlanta, announcing the November 4, 2004 Georgia. meeting and agenda of the North 10. Report of Numbering Oversight American Numbering Council (NANC). Working Group (NOWG). Dated: October 7, 2004. The intended effect of this action is to 11. Report of Future of Numbering Federal Deposit Insurance Corporation. make the public aware of the NANC’s Working Group. Robert E. Feldman, next meeting and its agenda. Executive Secretary. * The Agenda may be modified at the discretion DATES: Thursday, November 4, 2004, of the NANC Chairman with the approval of the [FR Doc. 04–22913 Filed 10–12–04; 8:45 am] 8:30 a.m. DFO. BILLING CODE 6714–01–P

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FEDERAL DEPOSIT INSURANCE submit Community Support Statements Bank member must meet in order to CORPORATION to the Finance Board. maintain access to long-term advances, DATES: Bank members selected for the and review criteria the Finance Board Notice of Agency Meeting review cycle under the Finance Board’s must apply in evaluating a member’s community support performance. See Pursuant to the provisions of the community support requirements 12 CFR part 944. The regulation ‘‘Government in the Sunshine Act’’ (5 regulation must submit completed includes standards and criteria for the U.S.C. 552b), notice is hereby given that Community Support Statements to the two statutory factors—CRA performance at 10:30 a.m. on Tuesday, October 12, Finance Board on or before November and record of lending to first-time 2004, the Federal Deposit Insurance 26, 2004. homebuyers. 12 CFR 944.3. Only Corporation’s Board of Directors will ADDRESSES: Bank members selected for members subject to the CRA must meet meet in closed session, pursuant to the 2004–05 third quarter review cycle the CRA standard. 12 CFR 944.3(b). All section 552b(c)(2), (c)(4), (c)(6), (c)(9)(B), under the Finance Board’s community members, including those not subject to and (c)(10) of Title 5, United States support requirements regulation must CRA, must meet the first-time Code, to consider matters relating to the submit completed Community Support homebuyer standard. 12 CFR 944.3(c). Corporation’s corporate and liquidation Statements to the Finance Board either activities. by regular mail at the Federal Housing Under the rule, the Finance Board The meeting will be held in the Board Finance Board, Office of Supervision, selects approximately one-eighth of the Room on the sixth floor of the FDIC Community Investment and Affordable members in each Bank district for Building located at 550–17th Street, Housing, 1777 F Street, NW., community support review each NW., Washington, DC. Washington, DC 20006, or by electronic calendar quarter. 12 CFR 944.2(a). The Requests for further information mail at [email protected]. Finance Board will not review an concerning the meeting may be directed FOR FURTHER INFORMATION CONTACT: institution’s community support to Mr. Robert E. Feldman, Executive Emma J. Fitzgerald, Program Analyst, performance until it has been a Bank Secretary of the Corporation, at (202) Office of Supervision, Community member for at least one year. Selection 898–7043. Investment and Affordable Housing, by for review is not, nor should it be construed as, any indication of either Dated: October 7, 2004. telephone at 202/408–2874, by electronic mail at the financial condition or the Federal Deposit Insurance Corporation. [email protected], or by community support performance of the Robert E. Feldman, regular mail at the Federal Housing member. Executive Secretary. Finance Board, 1777 F Street, NW., Each Bank member selected for [FR Doc. E4–2577 Filed 10–12–04; 8:45 am] Washington, DC 20006. review must complete a Community BILLING CODE 6714–01–P SUPPLEMENTARY INFORMATION: Support Statement and submit it to the Finance Board by the November 26, I. Selection for Community Support 2004 deadline prescribed in this notice. FEDERAL HOUSING FINANCE BOARD Review 12 CFR 944.2(b)(1)(ii) and (c). On or Section 10(g)(1) of the Federal Home before October 29, 2004, each Bank will [No. 2004–N–13] Loan Bank Act (Bank Act) requires the notify the members in its district that have been selected for the 2004–05 third Federal Home Loan Bank Members Finance Board to promulgate regulations establishing standards of quarter community support review Selected for Community Support cycle that they must complete and Review community investment or service Bank members must meet in order to submit to the Finance Board by the AGENCY: Federal Housing Finance maintain access to long-term advances. deadline a Community Support Board. See 12 U.S.C. 1430(g)(1). The Statement. 12 CFR 944.2(b)(2)(i). The ACTION: Notice. regulations promulgated by the Finance member’s Bank will provide a blank Board must take into account factors Community Support Statement Form, SUMMARY: The Federal Housing Finance such as the Bank member’s performance which also is available on the Finance Board (Finance Board) is announcing under the Community Reinvestment Act Board’s web site: WWW.FHFB.GOV. the Federal Home Loan Bank (Bank) of 1977 (CRA), 12 U.S.C. 2901 et seq., Upon request, the member’s Bank also members it has selected for the 2004–05 and record of lending to first-time will provide assistance in completing third quarter review cycle under the homebuyers. See 12 U.S.C. 1430(g)(2). the Community Support Statement. Finance Board’s community support Pursuant to section 10(g) of the Bank The Finance Board has selected the requirements regulation. This notice Act, the Finance Board has promulgated following members for the 2004–05 also prescribes the deadline by which a community support requirements third quarter community support review Bank members selected for review must regulation that establishes standards a cycle:

Federal Home Loan Bank of Boston—District 1

Collinsville Savings Society ...... Canton ...... Connecticut. The Guilford Savings Bank ...... Guilford ...... Connecticut. Northwest Community Bank ...... Winsted ...... Connecticut. Bar Harbor Bank and Trust ...... Bar Harbor ...... Maine. Calais Federal Savings and Loan Association ...... Calais ...... Maine. Camden National Bank ...... Camden ...... Maine. Damariscotta Bank & Trust Company ...... Damariscotta ...... Maine. Franklin Savings Bank ...... Farmington ...... Maine. Katahdin Trust Company ...... Patten ...... Maine. Banknorth, N.A...... Portland ...... Maine. Rockland Savings and Loan Association ...... Rockland ...... Maine. Athol Savings Bank ...... Athol ...... Massachusetts.

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Capital Crossing Bank ...... Boston ...... Massachusetts. OneUnited Bank ...... Boston ...... Massachusetts. Security Federal Savings Bank ...... Brockton ...... Massachusetts. The Bank of Canton ...... Canton ...... Massachusetts. Clinton Savings Bank ...... Clinton ...... Massachusetts. Danvers Savings Bank ...... Danvers ...... Massachusetts. Lafayette Federal Savings Bank ...... Fall River ...... Massachusetts. Family Federal Savings F.A ...... Fitchburg ...... Massachusetts. Florence Savings Bank ...... Florence ...... Massachusetts. Colonial Co-operative Bank ...... Gardner ...... Massachusetts. Hingham Institution for Savings ...... Hingham ...... Massachusetts. Peoples Savings Bank ...... Holyoke ...... Massachusetts. Roxbury Highland Co-operative Bank ...... Jamaica Plain ...... Massachusetts. Equitable Co-operative Bank ...... Lynn ...... Massachusetts. Mansfield Co-operative Bank ...... Mansfield ...... Massachusetts. Milford Federal Savings and Loan Association ...... Milford ...... Massachusetts. Northampton Cooperative Bank ...... Northampton ...... Massachusetts. Hometown Bank, a Cooperative Bank ...... Oxford ...... Massachusetts. Colonial Federal Savings Bank ...... Quincy ...... Massachusetts. Reading Co-operative Bank ...... Reading ...... Massachusetts. Southbridge Savings Bank ...... Southbridge ...... Massachusetts. Mechanics Co/operative Bank ...... Taunton ...... Massachusetts. Woronoco Savings Bank ...... Westfield ...... Massachusetts. South Shore Savings Bank ...... Weymouth ...... Massachusetts. Bow Mills Bank and Trust ...... Bow ...... New Hampshire. Citizens Bank New Hampshire ...... Manchester ...... New Hampshire. Newport Federal Savings Bank ...... Newport ...... Rhode Island. Merchants Bank ...... Burlington ...... Vermont. National Bank of Middlebury ...... Middlebury ...... Vermont. Union Bank ...... Morrisville ...... Vermont. Northfield Savings Bank ...... Northfield ...... Vermont.

Federal Home Loan Bank of Pittsburgh—District 2

Audubon Savings Bank ...... Audubon ...... New Jersey. Bogota Savings Bank ...... Bogota ...... New Jersey. Peoples Savings Bank ...... Bordentown ...... New Jersey. Century Savings Bank ...... Bridgeton ...... New Jersey. Colonial Bank FSB ...... Bridgeton ...... New Jersey. Sturdy Savings Bank ...... Cape May Court House ...... New Jersey. NVE Bank ...... Englewood ...... New Jersey. Glen Rock Savings Bank ...... Glen Rock ...... New Jersey. Roma Bank ...... Hamilton ...... New Jersey. Schuyler Savings Bank ...... Kearny ...... New Jersey. Kearny Federal Savings Bank ...... Kearny ...... New Jersey. Lincoln Park Savings ...... Lincoln Park ...... New Jersey. Metuchen Savings Bank ...... Metuchen ...... New Jersey. Boiling Springs Savings Bank ...... Rutherford ...... New Jersey. Gloucester County Federal Savings Bank ...... Sewell ...... New Jersey. Penn Federal Savings Bank ...... West Orange ...... New Jersey. Evans National Bank ...... Angola ...... New York. Independence Community Bank ...... Brooklyn ...... New York. Elmira Savings Bank, FSB ...... Elmira ...... New York. The First National Bank of Jeffersonville ...... Jeffersonville ...... New York. Cattaraugus County Bank ...... Little Valley ...... New York. Abacus Federal Savings Bank ...... New York ...... New York. Chinatown Federal Savings Bank ...... New York ...... New York. Wallkill Valley FS&LA ...... Wallkill ...... New York. Doral Bank ...... Catano ...... Puerto Rico. Oriental Bank & Trust ...... San Juan ...... Puerto Rico.

Federal Home Loan Bank of Pittsburgh—District 3

Altoona First Savings Bank ...... Altoona ...... Pennsylvania. Pennsylvania State Bank ...... Camp Hill ...... Pennsylvania. First Carnegie Deposit ...... Carnegie ...... Pennsylvania. Coatesville Savings Bank ...... Coatesville ...... Pennsylvania. Slovenian S&LA of Franklin-Conemaugh ...... Conemaugh ...... Pennsylvania. First National Community Bank ...... Dunmore ...... Pennsylvania. Halifax National Bank ...... Halifax ...... Pennsylvania. Peoples National Bank ...... Hallstead ...... Pennsylvania. Polonia Bank ...... Huntingdon Valley ...... Pennsylvania. Mauch Chunk Trust Company ...... Jim Thorpe ...... Pennsylvania 1st Summit Bank ...... Johnstown ...... Pennsylvania. The First National Bank of McConnellsburg ...... McConnellsburg ...... Pennsylvania. Mifflinburg Bank & Trust Company ...... Mifflinburg ...... Pennsylvania.

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Union National Community Bank ...... Mount Joy ...... Pennsylvania. The Muncy Bank and Trust Company ...... Muncy ...... Pennsylvania. First Penn Bank ...... Philadelphia ...... Pennsylvania. Slovak Savings Bank ...... Pittsburgh ...... Pennsylvania. United-American Savings Bank ...... Pittsburgh ...... Pennsylvania. Eureka Bank ...... Pittsburgh ...... Pennsylvania. Iron and Glass Bank ...... Pittsburgh ...... Pennsylvania. Scottdale Bank and Trust Company ...... Scottdale ...... Pennsylvania. Hamlin Bank and Trust Company ...... Smethport ...... Pennsylvania. Northwest Savings Bank ...... Warren ...... Pennsylvania. Peoples State Bank of Wyalusing ...... Wyalusing ...... Pennsylvania. Leesport Bank ...... Wyomissing ...... Pennsylvania. City National Bank of West Virginia ...... Charleston ...... West Virginia. Citizens Bank of Morgantown ...... Morgantown ...... West Virginia. First National Bank in Ronceverte, WV ...... Ronceverte ...... West Virginia. Advance Financial Savings Bank ...... Wellsburg ...... West Virginia..

Federal Home Loan Bank of Atlanta—District 4

The Exchange Bank of Alabama ...... Altoona ...... Alabama. Bank of Alabama ...... Birmingham ...... Alabama. First Commercial Bank ...... Birmingham ...... Alabama. Central State Bank ...... Calera ...... Alabama. The Camden National Bank ...... Camden ...... Alabama. SunSouth Bank ...... Clio ...... Alabama. The Commercial Bank of Demopolis ...... Demopolis ...... Alabama. Southland Bank ...... Dothan ...... Alabama. The Southern Bank Company ...... Gadsden ...... Alabama. First National Bank ...... Hamilton ...... Alabama. The Headland National Bank ...... Headland ...... Alabama. Frontier Bank ...... Lanett ...... Alabama. First State Bank ...... Lineville ...... Alabama. First Citizens Bank ...... Luverne ...... Alabama. Citizens Bank, Inc ...... Robertsdale ...... Alabama. The Slocomb National Bank ...... Slocomb ...... Alabama. First Tuskegee Bank ...... Tuskegee ...... Alabama. First Liberty National Bank ...... Washington ...... D.C. Riggs Bank N.A...... Washington ...... D.C. Wilmington Trust FSB ...... Wilmington ...... Delaware. Pointe Bank ...... Boca Raton ...... Florida. BankUnited, FSB ...... Coral Gables ...... Florida. BankAtlantic ...... Fort Lauderdale ...... Florida. Natbank, N.A ...... Hollywood ...... Florida. Unibank ...... Miami ...... Florida. Eagle National Bank of Miami ...... Miami ...... Florida. Kislak National Bank ...... Miami Lakes ...... Florida. Orion Bank ...... Naples ...... Florida. Metro Bank ...... Orlando ...... Florida. First Federal Bank of North Florida ...... Palatka ...... Florida. Bay Bank and Trust ...... Panama City ...... Florida. Federal Trust Bank ...... Sanford ...... Florida. BankTrust ...... Santa Rosa Beach ...... Florida. Capital City Bank ...... Tallahassee ...... Florida. Bay Financial Savings Bank, F.S.B ...... Tampa ...... Florida. Wauchula State Bank ...... Wauchula ...... Florida. Bank of Alapaha ...... Alapaha ...... Georgia. Ebank ...... Atlanta ...... Georgia. The Summit National Bank ...... Atlanta ...... Georgia. Georgia Bank and Trust Company of Augusta ...... Augusta ...... Georgia. The First Bank of Brunswick ...... Brunswick ...... Georgia. Planters & Citizens Bank ...... Camilla ...... Georgia. Newton Federal Bank ...... Covington ...... Georgia. Southeastern Bank ...... Darien ...... Georgia. First National Bank of Coffee County ...... Douglas ...... Georgia. Farmers and Merchants Bank ...... Eatonton ...... Georgia. Elberton Federal Savings & Loan Association ...... Elberton ...... Georgia. Central Bank of Georgia ...... Ellaville ...... Georgia. BankSouth ...... Greensboro ...... Georgia. Crescent Bank & Trust Company ...... Jasper ...... Georgia. Pineland State Bank ...... Metter ...... Georgia. First National Bank of the South ...... Milledgeville ...... Georgia. Gateway Bank and Trust ...... Ringgold ...... Georgia. The Coastal Bank ...... Savannah ...... Georgia. Farmers and Merchants Bank ...... Statesboro ...... Georgia. Spivey State Bank ...... Swainsboro ...... Georgia. Commercial Bank ...... Thomasville ...... Georgia.

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First Federal Savings and Loan Association ...... Valdosta ...... Georgia. Citizens Bank ...... Warrenton ...... Georgia. Severn Savings Bank, F.S.B ...... Annapolis ...... Maryland. Advance Bank ...... Baltimore ...... Maryland. FedMed Bank, FSB ...... Baltimore ...... Maryland. Fraternity Federal S&L Association ...... Baltimore ...... Maryland. Hamilton Federal Bank ...... Baltimore ...... Maryland. Homewood Federal Savings Bank ...... Baltimore ...... Maryland. Leeds Federal Savings Bank ...... Baltimore ...... Maryland. Provident Bank of Maryland ...... Baltimore ...... Maryland. Saint Casimirs Savings Bank ...... Baltimore ...... Maryland. Presidential Bank, FSB ...... Bethesda ...... Maryland. Peoples Bank of Kent County ...... Chestertown ...... Maryland. The Talbot Bank of Easton ...... Easton ...... Maryland. The Peoples Bank of Elkton ...... Elkton ...... Maryland. Madison Bohemian Savings Bank ...... Forest Hills ...... Maryland. Eastern Savings Bank, FSB ...... Hunt Valley ...... Maryland. K Bank ...... Owings Mills ...... Maryland. Valley Bank of Maryland ...... Owings Mills ...... Maryland. Baltimore County Savings Bank, FSB ...... Perry Hall ...... Maryland. First Shore FS&L Association ...... Salisbury ...... Maryland. American Bank ...... Silver Spring ...... Maryland. Sykesville Federal Savings Association ...... Sykesville ...... Maryland. AmericasBank ...... Towson ...... Maryland. Home Savings Bank, SSB of Eden ...... Eden ...... North Carolina. High Point Bank & Trust Company ...... High Point ...... North Carolina. The Community Bank ...... Pilot Mountain ...... North Carolina. RBC Centura Bank ...... Rocky Mount ...... North Carolina. BB & T of NC ...... Winston Salem ...... North Carolina. Piedmont Federal Savings & Loan Association ...... Winston Salem ...... North Carolina. First Palmetto Savings Bank, FSB ...... Camden ...... South Carolina. Spratt Savings and Loan Association ...... Chester ...... South Carolina. Plantation Federal Bank ...... Pawleys Island ...... South Carolina. Woodruff Federal Savings & Loan Association ...... Woodruff ...... South Carolina. Shore Bank ...... Accomac ...... Virginia. Virginia Commerce Bank ...... Arlington ...... Virginia. Bedford Federal Savings Bank ...... Bedford ...... Virginia. First and Citizens Bank ...... Monterey ...... Virginia. Farmers & Merchants Bank, Eastern Shore ...... Onley ...... Virginia. First Federal Savings Bank of Virginia ...... Petersburg ...... Virginia. Community Bank ...... Staunton ...... Virginia. Southside Bank ...... Tappahannock ...... Virginia.

Federal Home Loan Bank of Cincinnati—District 5

Kentucky Home Bank, Inc...... Bardstown ...... Kentucky. Bank of Clarkson ...... Clarkson ...... Kentucky. Citizens Federal Savings and Loan Association of Covington ...... Covington ...... Kentucky. Heritage Community Bank ...... Danville ...... Kentucky. South Central Bank, FSB ...... Edmonton ...... Kentucky. The Peoples Bank of Fleming County ...... Flemingsburg ...... Kentucky. State National Bank of Frankfort ...... Frankfort ...... Kentucky. Fredonia Valley Bank ...... Fredonia ...... Kentucky. First National Bank and Trust Company ...... Georgetown ...... Kentucky. First Southern National Bank ...... Lancaster ...... Kentucky. Bank of the Bluegrass & Trust Company ...... Lexington ...... Kentucky. First Federal Bank ...... Lexington ...... Kentucky. Peoples Security Bank ...... Louisa ...... Kentucky. The First Capital Bank of Kentucky ...... Louisville ...... Kentucky. First FS&LA of Morehead ...... Morehead ...... Kentucky. Mount Sterling National Bank ...... Mt. Sterling ...... Kentucky. Traditional Bank, Inc...... Mt. Sterling ...... Kentucky. Commonwealth Bank, F.S.B ...... Mt. Sterling ...... Kentucky. Farmers Bank & Trust ...... Princeton ...... Kentucky. Farmers National Bank ...... Walton ...... Kentucky. Belmont Savings Bank ...... Bellaire ...... Ohio. The Citizens National Bank of Bluffton ...... Bluffton ...... Ohio. The Brookville Building and Savings Association ...... Brookville ...... Ohio. First Federal Community Bank of Bucyrus ...... Bucyrus ...... Ohio. First FS&LA of Centerburg ...... Centerburg ...... Ohio. The Franklin Savings and Loan Company ...... Cincinnati ...... Ohio. Columbia Savings Bank ...... Cincinnati ...... Ohio. New Foundation Loan and Building Company ...... Cincinnati ...... Ohio. Warsaw Federal S&LA of Cincinnati ...... Cincinnati ...... Ohio. Charter One Bank, F.S.B ...... Cleveland ...... Ohio. Third FS&LA of Cleveland ...... Cleveland ...... Ohio.

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United Midwest Savings Bank ...... DeGraff ...... Ohio. Hicksville Building, Loan and Savings Bank ...... Hicksville ...... Ohio. NCB, FSB ...... Hillsboro ...... Ohio. Merchants National Bank ...... Hillsboro ...... Ohio. Home Savings Bank ...... Kent ...... Ohio. First FS&LA of Lakewood ...... Lakewood ...... Ohio. Fairfield Federal S&LA of Lancaster ...... Lancaster ...... Ohio. 1st National Bank ...... Lebanon ...... Ohio. Leesburg Federal Savings Bank ...... Leesburg ...... Ohio. The First-Knox Bank of Mount Vernon ...... Mt. Vernon ...... Ohio. New Carlisle Federal Savings Bank ...... New Carlisle ...... Ohio. The Park National Bank ...... Newark ...... Ohio. The First Savings Bank ...... Norwood ...... Ohio. American Savings Bank, fsb ...... Portsmouth ...... Ohio. Home City Federal Savings Bank ...... Springfield ...... Ohio. Belmont National Bank ...... St. Clairsville ...... Ohio. Steel Valley Bank, N.A ...... St. Clairsville ...... Ohio. Perpetual Federal Savings Bank ...... Urbana ...... Ohio. Liberty Savings Bank, F.S.B ...... Wilmington ...... Ohio. North Valley Bank ...... Zanesville ...... Ohio. Farmers & Merchants Bank ...... Adamsville ...... Tennessee. First South Credit Union ...... Bartlett ...... Tennessee. Bank of Crockett ...... Bells ...... Tennessee. InTrust Federal Credit Union ...... Chattoonaga ...... Tennessee. Decatur County Bank ...... Decaturville ...... Tennessee. Chester County Bank ...... Henderson ...... Tennessee. The Bank of Jackson ...... Jackson ...... Tennessee. People’s Community Bank ...... Johnson City ...... Tennessee. Wilson Bank and Trust ...... Lebanon ...... Tennessee. First National Bank of Tennessee ...... Livingston ...... Tennessee. Trust One Bank ...... Memphis ...... Tennessee. Citizens Bank ...... New Tazewell ...... Tennessee. Newport Federal Bank ...... Newport ...... Tennessee. Citizens National Bank ...... Sevierville ...... Tennessee.

Federal Home Loan Bank of Indianapolis—District 6

Independent Federal Credit Union ...... Anderson ...... Indiana. Boonville Federal Savings Bank ...... Boonville ...... Indiana. Riddell National Bank ...... Brazil ...... Indiana. Union Savings & Loan Association ...... Connersville ...... Indiana. First Federal Savings Bank ...... Evansville ...... Indiana. Pacesetter Bank ...... Hartford City ...... Indiana. Kentland Federal Savings and Loan Association ...... Kentland ...... Indiana. The La Porte Savings Bank ...... La Porte ...... Indiana. Logansport Savings Bank, FSB ...... Logansport ...... Indiana. Home Bank, SB ...... Martinsville ...... Indiana. Peoples Bank SB ...... Munster ...... Indiana. Farmers State Bank ...... New Ross ...... Indiana. First Bank Richmond, N.A ...... Richmond ...... Indiana. Mid-Southern Savings Bank, FSB ...... Salem ...... Indiana. Owen County State Bank ...... Spencer ...... Indiana. Grant County State Bank ...... Swayzee ...... Indiana. First State Bank, Southwest Indiana ...... Tell City ...... Indiana. Liberty Savings Bank, FSB ...... Whiting ...... Indiana. Commercial Bank ...... Alma ...... Michigan. Fidelity Bank ...... Birmingham ...... Michigan. Tri-County Bank ...... Brown City ...... Michigan. Monarch Community Bank ...... Coldwater ...... Michigan. Paramount Bank ...... Farmington Hills ...... Michigan. Select Bank ...... Grand Rapids ...... Michigan. Peoples State Bank ...... Hamtramck ...... Michigan. Union Bank ...... Lake Odessa ...... Michigan. Peoples State Bank of Munising ...... Munising ...... Michigan. New Buffalo Savings Bank, FSB ...... New Buffalo ...... Michigan. Thumb National Bank & Trust ...... Pigeon ...... Michigan. Citizens First Savings Bank ...... Port Huron ...... Michigan. LaSalle Federal Savings Bank ...... St. Joseph ...... Michigan. First National Bank of Three Rivers ...... Three Rivers ...... Michigan. First National Bank of Wakefield ...... Wakefield ...... Michigan..

Federal Home Loan Bank of Chicago—District 7

First Community Bank and Trust ...... Beecher ...... Illinois. First State Bank of Beecher City ...... Beecher City ...... Illinois. BankFinancial, F.S.B...... Burr Ridge ...... Illinois.

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The First National Bank in Carlyle ...... Carlyle ...... Illinois. BankChampaign, N.A ...... Champaign ...... Illinois. NAB Bank ...... Chicago ...... Illinois. Washington Federal Bank for savings ...... Chicago ...... Illinois. South Central Bank ...... Chicago ...... Illinois. Oak Bank ...... Chicago ...... Illinois. North Federal Savings Bank ...... Chicago ...... Illinois. Illinois Service FS&LA ...... Chicago ...... Illinois. Community Savings Bank ...... Chicago ...... Illinois. Pulaski Savings Bank ...... Chicago ...... Illinois. Labe Bank ...... Chicago ...... Illinois. Family Federal Savings of Illinois ...... Cicero ...... Illinois. West Town Savings Bank ...... Cicero ...... Illinois. The John Warner Bank ...... Clinton ...... Illinois. The Elizabeth State Bank ...... Elizabeth ...... Illinois. Flora Bank & Trust ...... Flora ...... Illinois. Community Bank—Wheaton/Glen Ellyn ...... Glen Ellyn ...... Illinois. Illinois State Bank ...... Lake in the Hills ...... Illinois. Heritage State Bank ...... Lawrenceville ...... Illinois. 1st State Bank of Mason City ...... Mason City ...... Illinois. Mazon State Bank ...... Mazon ...... Illinois. McHenry Savings Bank ...... McHenry ...... Illinois. City National Bank of Metropolis ...... Metropolis ...... Illinois. First National Bank ...... Moline ...... Illinois. Brown County State Bank ...... Mount Sterling ...... Illinois. Wabash Savings Bank ...... Mt. Carmel ...... Illinois. The Farmers Bank ...... Mt. Pulaski ...... Illinois. Regency Savings Bank ...... Oak Park ...... Illinois. Pekin Savings Bank ...... Pekin ...... Illinois. The Herget National Bank of Pekin ...... Pekin ...... Illinois. Peru Federal Savings Bank ...... Peru ...... Illinois. National Bank of Petersburg ...... Petersburg ...... Illinois. Citizens State Bank of Shipman ...... Shipman ...... Illinois. Farmers State Bank of Somonauk ...... Somonauk ...... Illinois. Marine Bank, Springfield ...... Springfield ...... Illinois. Town & Country Bank ...... Springfield ...... Illinois. Tremont Savings Bank ...... Tremont ...... Illinois. Banner Banks ...... Birnamwood ...... Wisconsin. Community First Bank ...... Boscobel ...... Wisconsin. North Shore Bank FSB ...... Brookfield ...... Wisconsin. Bank North ...... Crivitz ...... Wisconsin. Advantage Community Bank ...... Dorchester ...... Wisconsin. PremierBank ...... Fort Atkinson ...... Wisconsin. First Northern Savings Bank ...... Green Bay ...... Wisconsin. Green Lake State Bank ...... Green Lake ...... Wisconsin. PyraMax Bank ...... Greenfield ...... Wisconsin. Greenleaf Wayside Bank ...... Greenleaf ...... Wisconsin. Hustisford State Bank ...... Hustisford ...... Wisconsin. Mid America Bank ...... Janesville ...... Wisconsin. Union State Bank ...... Kewaunee ...... Wisconsin. Bank of Lake Mills ...... Lake Mills ...... Wisconsin. BLC Community Bank ...... Little Chute ...... Wisconsin Rural American Bank—Luck ...... Luck ...... Wisconsin. Home Savings Bank ...... Madison ...... Wisconsin. AnchorBank, fsb ...... Madison ...... Wisconsin. The Peoples State Bank ...... Mazomanie ...... Wisconsin. Bremer Bank, National Association ...... Menomonie ...... Wisconsin. Middleton Community Bank ...... Middleton ...... Wisconsin. First Community Bank ...... Milton ...... Wisconsin. Milton Savings Bank ...... Milton ...... Wisconsin. West Pointe Bank ...... Oshkosh ...... Wisconsin. Wisconsin State Bank ...... Random Lake ...... Wisconsin. The Reedsburg Bank ...... Reedsburg ...... Wisconsin. Dairy State Bank ...... Rice Lake ...... Wisconsin. Community Business Bank ...... Sauk City ...... Wisconsin. Baylake Bank ...... Sturgeon Bay ...... Wisconsin. Superior Savings Bank ...... Superior ...... Wisconsin. Farmers & Merchants Bank ...... Tomah ...... Wisconsin. The National Bank of Waupun ...... Waupun ...... Wisconsin. Maritime Savings Bank ...... West Allis ...... Wisconsin. West Bend Savings Bank ...... West Bend ...... Wisconsin. First Citizens State Bank ...... Whitewater ...... Wisconsin.

Federal Home Loan Bank of Des Moines—District 8

Peoples State Bank ...... Albia ...... Iowa.

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Community Bank ...... Alton ...... Iowa. Bank Iowa ...... Altoona ...... Iowa. First National Bank ...... Ames ...... Iowa. Farmers & Traders Savings Bank ...... Bancroft ...... Iowa. Chelsea Savings Bank ...... Belle Plaine ...... Iowa. Boone Bank & Trust Company ...... Boone ...... Iowa. IA Prairie Bank ...... Brunsville ...... Iowa. Guaranty Bank & Trust Company ...... Cedar Rapids ...... Iowa. Cherokee State Bank ...... Cherokee ...... Iowa. First State Bank ...... Conrad ...... Iowa. Dubuque Bank & Trust Company ...... Dubuque ...... Iowa. First Federal Savings Bank of Iowa ...... Fort Dodge ...... Iowa. Mills County Bank N.A ...... Glenwood ...... Iowa. Security State Bank ...... Guttenberg ...... Iowa. Farmers Savings Bank ...... Halbur ...... Iowa. First State Bank ...... Hawarden ...... Iowa. Farmers State Bank ...... Hawarden ...... Iowa. Humboldt Trust & Savings Bank ...... Humboldt ...... Iowa. State Central Bank ...... Keokuk ...... Iowa. Heritage Bank ...... Marion ...... Iowa. F & M Bank—Iowa ...... Marshalltown ...... Iowa. Security State Bank ...... Red Oak ...... Iowa. Lincoln Savings Bank ...... Reinbeck ...... Iowa. Sibley State Bank ...... Sibley ...... Iowa. Security State Bank ...... Stuart ...... Iowa. First State Bank ...... Sumner ...... Iowa. Farmers Savings Bank & Trust—Vinton ...... Vinton ...... Iowa. Webster City Federal Savings Bank ...... Webster City ...... Iowa. Community State Bank ...... West Branch ...... Iowa. Citizens State Bank ...... Wyoming ...... Iowa. Farmers State Bank of Adams ...... Adams ...... Minnesota. Bremer Bank, NA ...... Alexandria ...... Minnesota. State Bank of Aurora ...... Aurora ...... Minnesota. State Bank of Bellingham ...... Bellingham ...... Minnesota. Star Bank, N.A ...... Bertha ...... Minnesota. Farmers and Merchants State Bank ...... Blooming Prairie ...... Minnesota. First National Bank of Blue Earth ...... Blue Earth ...... Minnesota. First National Bank of Deer River ...... Deer River ...... Minnesota. The First National Bank of Deerwood ...... Deerwood ...... Minnesota. State Bank of Kimball ...... Kimball ...... Minnesota. Lake Elmo Bank ...... Lake Elmo ...... Minnesota. First National Bank of Le Center ...... Le Center ...... Minnesota. First State Bank MN ...... LeRoy ...... Minnesota. Community FS&LA of Little Falls ...... Little Falls ...... Minnesota. Prairie Sun Bank ...... Milan ...... Minnesota. Peoples National Bank of Mora ...... Mora ...... Minnesota. First Federal Savings Bank ...... Morris ...... Minnesota. United Prairie Bank New Ulm ...... New Ulm ...... Minnesota. Community National Bank ...... North Branch ...... Minnesota. Northwoods Bank of MN, FSB ...... Park Rapids ...... Minnesota. Pine City State Bank ...... Pine City ...... Minnesota. Prior Lake State Bank ...... Prior Lake ...... Minnesota. Minnwest Bank, M.V ...... Redwood Falls ...... Minnesota. First Independent Bank ...... Russell ...... Minnesota. United Prairie Bank—Spicer ...... Spicer ...... Minnesota. Highland Bank ...... St. Michael ...... Minnesota. State Bank of Tower ...... Tower ...... Minnesota. Security State Bank of Wanamingo ...... Wanamingo ...... Minnesota. Ozark Mountain Bank ...... Branson ...... Missouri. O’Bannon Banking Company ...... Buffalo ...... Missouri. First National Bank ...... Camdenton ...... Missouri. Horizon State Bank ...... Cameron ...... Missouri. Canton State Bank ...... Canton ...... Missouri. Bank 21 ...... Carrollton ...... Missouri. State Bank of Missouri ...... Concordia ...... Missouri. Eminence Security Bank ...... Eminence ...... Missouri. Rockwood Bank ...... Eureka ...... Missouri. Allen Bank & Trust Company ...... Harrisonville ...... Missouri. Jonesburg State Bank ...... Jonesburg ...... Missouri. Blue Ridge Bank & Trust Company ...... Kansas City ...... Missouri. Missouri Bank & Trust Company ...... Kansas City ...... Missouri. Kearney Commercial Bank ...... Kearney ...... Missouri. Neosho Savings & Loan Association, F.A ...... Neosho ...... Missouri. Bank of New Madrid ...... New Madrid ...... Missouri. Ozark Bank ...... Ozark ...... Missouri. Belgrade State Bank ...... Potosi ...... Missouri.

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Progressive Ozark Bank, FSB ...... Salem ...... Missouri. The First National Bank of Sarcoxie ...... Sarcoxie ...... Missouri. Security Bank & Trust Company ...... Scott City ...... Missouri. Community State Bank ...... Shelbina ...... Missouri. Central West End Bank, A FSB ...... St. Louis ...... Missouri. Missouri State Bank & Trust Company ...... St. Louis ...... Missouri. Community Bank, NA ...... Summersville ...... Missouri. Peoples Bank & Trust Company ...... Troy ...... Missouri. Bank of Urbana ...... Urbana ...... Missouri. The Missouri Bank ...... Warrenton ...... Missouri. Security Bank of Pulaski County ...... Waynesville ...... Missouri. Farmers & Merchants Bank ...... Wright City ...... Missouri. The First State Bank of North Dakota ...... Arthur ...... North Dakota. Security State Bank of North Dakota ...... Jamestown ...... North Dakota. The Goose River Bank ...... Mayville ...... North Dakota. The First State Bank of Munich ...... Munich ...... North Dakota. Liberty State Bank ...... Powers Lake ...... North Dakota. Dacotah Bank—Valley City ...... Valley City ...... North Dakota. Dakota Heritage State Bank ...... Chancellor ...... South Dakota. The First Western Bank Custer ...... Custer ...... South Dakota. Reliabank Dakota ...... Estelline ...... South Dakota. Campbell County Bank, Inc ...... Herreid ...... South Dakota. Plains Commerce Bank ...... Hoven ...... South Dakota. First State Bank of Miller ...... Miller ...... South Dakota. CorTrust Bank, N.A ...... Mitchell ...... South Dakota. American State Bank ...... Oldham ...... South Dakota. American State Bank of Pierre ...... Pierre ...... South Dakota. Farmers and Merchants State Bank ...... Plankinton ...... South Dakota. Valley Bank NA ...... Sioux Falls ...... South Dakota. First Premier Bank ...... Sioux Falls ...... South Dakota. The First Western Bank Sturgis ...... Sturgis ...... South Dakota. Commercial State Bank ...... Wagner ...... South Dakota. The First Western Bank Wall ...... Wall ...... South Dakota.

Federal Home Loan Bank of Dallas—District 9

Elk Horn Bank & Trust Company ...... Arkadelphia ...... Arkansas. First National Bank of Howard County ...... Dierks ...... Arkansas. Merchants and Farmers Bank ...... Dumas ...... Arkansas. Planters & Merchants Bank ...... Gillett ...... Arkansas. Calhoun County Bank ...... Hampton ...... Arkansas. Community First Bank ...... Harrison ...... Arkansas. The Cleburne County Bank ...... Heber Springs ...... Arkansas. One Bank & Trust ...... Little Rock ...... Arkansas. Pulaski Bank & Trust Company ...... Little Rock ...... Arkansas. Farmers Bank & Trust Company ...... Magnolia ...... Arkansas. Union Bank and Trust Company ...... Monticello ...... Arkansas. Priority Bank ...... Ozark ...... Arkansas. United Bank ...... Springdale ...... Arkansas. Farmers & Merchants Bank ...... Stuttgart ...... Arkansas. Abbeville Building & Loan, a State Chartered SB ...... Abbeville ...... Louisiana. The Business Bank of Baton Rouge ...... Baton Rouge ...... Louisiana. Crowley Building & Loan Association ...... Crowley ...... Louisiana. United Community Bank ...... Gonzales ...... Louisiana. The Union Bank ...... Marksville ...... Louisiana. American Horizons Bank ...... Monroe ...... Louisiana. Iberia Bank ...... New Iberia ...... Louisiana. Crescent Bank & Trust ...... New Orleans ...... Louisiana. Fidelity Homestead Association ...... New Orleans ...... Louisiana. First Financial Bank & Trust ...... Plaquemine ...... Louisiana. Citizens Bank & Trust Company ...... Plaquemine ...... Louisiana. Community Trust Bank ...... Ruston ...... Louisiana. Central Progressive Bank Amite ...... Slidell ...... Louisiana. Bank of Zachary ...... Zachary ...... Louisiana. Magnolia State Bank ...... Bay Springs ...... Mississippi. Grand Bank for Savings, fsb ...... Hattiesburg ...... Mississippi. The First, A National Banking Association ...... Hattiesburg ...... Mississippi. Trustmark National Bank ...... Jackson ...... Mississippi. OmniBank ...... Jackson ...... Mississippi. State Bank & Trust Company ...... Jackson ...... Mississippi. BankFirst Financial Services ...... Macon ...... Mississippi. Bank of New Albany ...... New Albany ...... Mississippi. Bank of Okolona ...... Okolona ...... Mississippi. First Federal Savings & Loan ...... Pascagoula ...... Mississippi. Bank of Yazoo City ...... Yazoo City ...... Mississippi. Union Savings Bank ...... Albuquerque ...... New Mexico.

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Western Bank of Clovis ...... Clovis ...... New Mexico. Gallup Federal Savings Bank ...... Gallup ...... New Mexico. Citizens Bank of Las Cruces ...... Las Cruces ...... New Mexico. The Bank of Las Vegas ...... Las Vegas ...... New Mexico. Century Bank, FSB ...... Santa Fe ...... New Mexico. Franklin Bank, SSB ...... Austin ...... Texas. IBM Texas Employees Federal Credit Union ...... Austin ...... Texas. Lamar Bank ...... Beaumont ...... Texas. The First National Bank of Beeville ...... Beeville ...... Texas. Bonham State Bank ...... Bonham ...... Texas. Shelby Savings Bank, ssb ...... Center ...... Texas. Chappell Hill Bank ...... Chappell Hill ...... Texas. Charter Bank Northwest ...... Corpus Christi ...... Texas. First Security State Bank ...... Cranfills Gap ...... Texas. First National Bank of Crockett ...... Crockett ...... Texas. First National Bank in Dalhart ...... Dalhart ...... Texas. First State Bank of North Texas ...... Dallas ...... Texas. Inwood National Bank ...... Dallas ...... Texas. Prosperity Bank ...... El Campo ...... Texas. First Command Bank ...... Fort Worth ...... Texas. Happy State Bank ...... Happy ...... Texas. Henderson FSB ...... Henderson ...... Texas. First Community Bank San Antonio, NA ...... Houston ...... Texas. Encore Bank ...... Houston ...... Texas. Horizon Capital Bank ...... Houston ...... Texas. State Bank ...... La Grange ...... Texas. Spring Hill State Bank ...... Longview ...... Texas. Angelina Savings Bank, FSB ...... Lufkin ...... Texas. Northeast National Bank ...... Mesquite ...... Texas. Guaranty Bond Bank ...... Mt. Pleasant ...... Texas. Olympic Savings Association ...... Refugio ...... Texas. First State Bank ...... Stratford ...... Texas. Alliance Bank ...... Sulphur Springs ...... Texas. First State Bank Central Texas ...... Temple ...... Texas. First Federal Bank Texas ...... Tyler ...... Texas. First National Bank of Weatherford ...... Weatherford ...... Texas.

Federal Home Loan Bank of Topeka—District 10

Colorado Central Credit Union ...... Arvada ...... Colorado. Valley Bank & Trust Company ...... Brighton ...... Colorado. Farmers State Bank of Calhan ...... Calhan ...... Colorado. Castle Rock Bank ...... Castle Rock ...... Colorado. BankWest ...... Castle Rock ...... Colorado. FirstBank of Colorado Springs ...... Colorado Springs ...... Colorado. First National Bank of Durango ...... Durango ...... Colorado. High Plains Bank ...... Flagler ...... Colorado. Morgan Federal Bank ...... Fort Morgan ...... Colorado. Colorado Federal Savings Bank ...... Greenwood Village ...... Colorado. Colorado East Bank & Trust ...... Lamar ...... Colorado. First National Bank in Lamar ...... Lamar ...... Colorado. The First National Bank of Anthony ...... Anthony ...... Kansas. Peoples Exchange Bank ...... Belleville ...... Kansas. Guaranty State Bank & Trust Company ...... Beloit ...... Kansas. Caldwell State Bank ...... Caldwell ...... Kansas. The Elk State Bank ...... Clyde ...... Kansas. Citizens Bank NA ...... Fort Scott ...... Kansas. Citizens State Bank and Trust Company ...... Hiawatha ...... Kansas. Central Bank and Trust Company ...... Hutchinson ...... Kansas. Inter-State FS&LA of Kansas City ...... Kansas City ...... Kansas. Kanza Bank ...... Kingman ...... Kansas. Citizens Savings and Loan Association, FSB ...... Leavenworth ...... Kansas. First Savings Bank FSB ...... Manhattan ...... Kansas. First State Bank ...... Norton ...... Kansas. First FS&LA of Olathe ...... Olathe ...... Kansas. First Option Bank ...... Osawatomie ...... Kansas. Valley State Bank ...... Roeland Park ...... Kansas. The Roxbury Bank ...... Roxbury ...... Kansas. Thunder Bank ...... Sylvan Grove ...... Kansas. The Columbian Bank and Trust Company ...... Topeka ...... Kansas. First National Bank of Ainsworth ...... Ainsworth ...... Nebraska. Community Bank ...... Alma ...... Nebraska. Auburn State Bank ...... Auburn ...... Nebraska. Bruning State Bank ...... Bruning ...... Nebraska. Butte State Bank ...... Butte ...... Nebraska. South Central State Bank ...... Campbell ...... Nebraska.

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First National Bank & Trust Company ...... Columbus ...... Nebraska. Cedar Security Bank ...... Fordyce ...... Nebraska. City Bank & Trust Company ...... Lincoln ...... Nebraska. Security Home Bank ...... Malmo ...... Nebraska. Commercial Federal Bank ...... Omaha ...... Nebraska. Security National Bank of Omaha ...... Omaha ...... Nebraska. Pinnacle Bank—Nebraska ...... Papillion ...... Nebraska. Horizon Bank ...... Waverly ...... Nebraska. Bank of Yutan ...... Yutan ...... Nebraska. First National Bank & Trust Company of Ardmore ...... Ardmore ...... Oklahoma. Citizens Security Bank & Trust ...... Bixby ...... Oklahoma. Home National Bank ...... Blackwell ...... Oklahoma. Chickasha Bank and Trust Company ...... Chickasha ...... Oklahoma. First Bank & Trust Company ...... Clinton ...... Oklahoma. The First National Bank in Durant ...... Durant ...... Oklahoma. The First Bank of Haskell ...... Haskell ...... Oklahoma. Republic Bank of Norman ...... Norman ...... Oklahoma. First National Bank of Oklahoma ...... Oklahoma City ...... Oklahoma. Lakeside State Bank ...... Oologah ...... Oklahoma. First American Bank ...... Purcell ...... Oklahoma. Sulphur Community Bank ...... Sulphur ...... Oklahoma.

Federal Home Loan Bank of San Francisco—District 11

Johnson Bank of Arizona, N.A ...... Phoenix ...... Arizona. Valley Independent Bank ...... El Centro ...... California. Xerox Federal Credit Union ...... El Segundo ...... California. First Commerce Bank ...... Encino ...... California. Fremont Bank ...... Fremont ...... California. Commercial Capital Bank FSB ...... Irvine ...... California. American First Credit Union ...... La Habra ...... California. International City Bank ...... Long Beach ...... California. California National Bank ...... Los Angeles ...... California. National Bank of California ...... Los Angeles ...... California. Preferred Bank ...... Los Angeles ...... California. The Vintage Bank ...... Napa ...... California. Oak Valley Community Bank ...... Oakdale ...... California. United Labor Bank, fsb ...... Oakland ...... California. Palm Desert National Bank ...... Palm Desert ...... California. Greater Bay Bank ...... Palo Alto ...... California. Malaga Bank SSB ...... Palos Verdes Estates ...... California. PFF Bank & Trust ...... Pomona ...... California. North Valley Bank ...... Redding ...... California. The Bank of Hemet ...... Riverside ...... California. California Savings Bank ...... San Francisco ...... California. Citibank West, FSB ...... San Francisco ...... California. Summit State Bank ...... Santa Rosa ...... California. Temecula Valley Bank, NA ...... Temecula ...... California.

Federal Home Loan Bank of Seattle—District 12

Northrim Bank ...... Anchorage ...... Alaska. Northern Schools Federal Credit Union ...... Fairbanks ...... Alaska. BankPacific, Ltd ...... Hagatna ...... Guam. Finance Factors, Limited ...... Honolulu ...... Hawaii. Hawaii State Federal Credit Union ...... Honolulu ...... Hawaii. Bank of Commerce ...... Idaho Falls ...... Idaho. Ireland Bank ...... Malad ...... Idaho. First Federal Savings Bank of Twin Falls ...... Twin Falls ...... Idaho. United Banks, N.A ...... Absarokee ...... Montana. Pioneer Federal Savings & Loan Association ...... Dillon ...... Montana. Pacific Continental Bank ...... Eugene ...... Oregon. First FS&LA of McMinnville ...... McMinnville ...... Oregon. Albina Community Bank ...... Portland ...... Oregon. Community First Bank ...... Prineville ...... Oregon. Bank of American Fork ...... American Fork ...... Utah. Home Savings Bank ...... Salt Lake City ...... Utah. Trans West Credit Union ...... Salt Lake City ...... Utah. Horizon Bank ...... Bellingham ...... Washington. Bank of Fairfield ...... Fairfield ...... Washington. Timberland Bank ...... Hoquiam ...... Washington. Kitsap Bank ...... Port Orchard ...... Washington. Valley Bank ...... Puyallup ...... Washington. First Savings Bank of Renton ...... Renton ...... Washington. HomeStreet Bank ...... Seattle ...... Washington. Washington First International Bank ...... Seattle ...... Washington.

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Bank of Star Valley ...... Afton ...... Wyoming. Oregon Trail Bank ...... Guernsey ...... Wyoming. First National Bank & Trust ...... Powell ...... Wyoming. Pinnacle Bank—Wyoming ...... Torrington ...... Wyoming. First National Bank, Torrington ...... Torrington ...... Wyoming.

II. Public Comments proposal also involves the acquisition of 101 Market Street, San Francisco, To encourage the submission of a nonbanking company, the review also California 94105–1579: public comments on the community includes whether the acquisition of the 1. Wells Fargo & Company, San support performance of Bank members, nonbanking company complies with the Francisco, California; to acquire 100 on or before October 29, 2004, each standards in section 4 of the BHC Act percent of the voting shares of First Bank will notify its Advisory Council (12 U.S.C. 1843). Unless otherwise Community Capital Corporation, and nonprofit housing developers, noted, nonbanking activities will be Houston, Texas, and thereby indirectly community groups, and other interested conducted throughout the United States. acquire voting shares of First parties in its district of the members Additional information on all bank Community Capital Corporation of selected for community support review holding companies may be obtained Delaware, Inc., Wilmington, Delaware, in the 2004–05 third quarter review from the National Information Center First Community Bank, N.A., Houston, cycle. 12 CFR 944.2(b)(2)(ii). In website at www.ffiec.gov/nic/. Texas, and First Community Bank San reviewing a member for community Unless otherwise noted, comments Antonio, N.A., San Antonio, Texas. support compliance, the Finance Board regarding each of these applications Board of Governors of the Federal Reserve will consider any public comments it must be received at the Reserve Bank System, October 6, 2004. has received concerning the member. 12 indicated or the offices of the Board of Robert deV. Frierson, CFR 944.2(d). To ensure consideration Governors not later than November 8, Deputy Secretary of the Board. by the Finance Board, comments 2004. [FR Doc. 04–22903 Filed 10–12–04; 8:45 am] A. Federal Reserve Bank of Boston concerning the community support BILLING CODE 6210–01–S performance of members selected for the (Richard Walker, Community Affairs 2004–05 third quarter review cycle must Officer) 600 Atlantic Avenue, Boston, Massachusetts 02106–2204: be delivered to the Finance Board on or FEDERAL TRADE COMMISSION before the November 26, 2004 deadline 1. OceanPoint Financial Partners, for submission of Community Support MHC, and OceanPoint Financial Agency Information Collection Statements. Partners, LLC, both of Newport, Rhode Activities; Proposed Collection; Island; to become bank holding Dated: October 6, 2004. Comment Request; Extension companies by acquiring 100 percent of Mark J. Tenhundfeld, Bank Newport, Newport, Rhode Island. AGENCY: Federal Trade Commission General Counsel. B. Federal Reserve Bank of Cleveland (‘‘FTC’’ or ‘‘Commission’’). [FR Doc. 04–22929 Filed 10–12–04; 8:45 am] (Cindy C. West, Banking Supervisor) ACTION: Notice. BILLING CODE 6725–01–P 1455 East Sixth Street, Cleveland, Ohio 44101–2566: SUMMARY: The information collection 1. Croghan Bancshares, Inc., Fremont, requirements described below will be FEDERAL RESERVE SYSTEM Ohio; to acquire 100 percent of the submitted to the Office of Management voting shares of The Croghan Interim and Budget (‘‘OMB’’) for review, as Formations of, Acquisitions by, and Bank, Fremont, Ohio, and The Custar required by the Paperwork Reduction Mergers of Bank Holding Companies State Bank, Custar, Ohio. Act (‘‘PRA’’). The FTC is seeking public C. Federal Reserve Bank of Atlanta comments on its proposal to extend The companies listed in this notice through September 30, 2007 the current have applied to the Board for approval, (Sue Costello, Vice President) 1000 Peachtree Street, N.E., Atlanta, Georgia PRA clearance for information pursuant to the Bank Holding Company collection requirements contained in (1) Act of 1956 (12 U.S.C. 1841 et seq.) 30303: 1. Heritage Financial, Inc., and the Rule Concerning Disclosure of (BHC Act), Regulation Y (12 CFR Part Written Consumer Product Warranty 225), and all other applicable statutes Heritage Mutual Corporation, both of Albany, Georgia; to become bank Terms and Conditions; (2) the Rule and regulations to become a bank Governing Pre-Sale Availability of holding company and/or to acquire the holding companies by acquiring 100 percent of the voting shares of Written Warranty Terms; and (3) the assets or the ownership of, control of, or Informal Dispute Settlement Procedures the power to vote shares of a bank or HeritageBank of the South, Albany, Georgia. Rule. (OMB Control Numbers 3084– bank holding company and all of the 0111, 3084–0112, and 3084–0113, D. Federal Reserve Bank of Kansas banks and nonbanking companies respectively, ‘‘Warranty Rules,’’ City (Donna J. Ward, Assistant Vice owned by the bank holding company, collectively). These clearances were President) 925 Grand Avenue, Kansas including the companies listed below. scheduled to expire on September 30, The applications listed below, as well City, Missouri 64198–0001: 2004. On September 14, 2004, the OMB as other related filings required by the 1. Signature Bank Corporation, granted the FTC’s request for a short- Board, are available for immediate Windsor, Colorado; to become a bank term extension to October 31, 2004 to inspection at the Federal Reserve Bank holding company by acquiring 100 allow for this second opportunity to indicated. The application also will be percent of the voting shares of Signature comment. available for inspection at the offices of Bank, Windsor, Colorado, in the Board of Governors. Interested organization. DATES: Comments must be submitted on persons may express their views in E. Federal Reserve Bank of San or before November 12, 2004. writing on the standards enumerated in Francisco (Tracy Basinger, Director, ADDRESSES: Interested parties are the BHC Act (12 U.S.C. 1842(c)). If the Regional and Community Bank Group) invited to submit written comments.

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Comments should refer to ‘‘Warranty the information collection requirements legal remedies in court. In enacting the Rules: Paperwork Comment, P044403’’ associated with the Warranty Rules, 16 Warranty Act, Congress recognized the to facilitate the organization of CFR Parts 701–703 (Control Numbers potential benefits of consumer dispute comments. A comment filed in paper 3084–0111, 3084–0112, and 3084– mechanisms as an alternative to the form should include this reference both 0113). See 69 FR 42172. No comments judicial process. Section 110(a) of the in the text and on the envelope, and were received. Pursuant to the OMB Act sets out the Congressional policy to should be mailed or delivered to the regulations that implement the PRA (5 ‘‘encourage warrantors to establish following address: Federal Trade CFR Part 1320), the FTC is providing procedures whereby consumer disputes Commission/Office of the Secretary, this second opportunity for public are fairly and expeditiously settled Room H–159, 600 Pennsylvania comment while seeking OMB approval through informal dispute settlement Avenue, NW., Washington, DC 20580. If to extend the existing paperwork mechanisms’’ (‘‘IDSMs’’) and erected a the comment contains any material for clearance for the Rule. framework for their establishment. As which confidential treatment is The Warranty Rules implement the an incentive to warrantors to establish requested, it must be filed in paper Magnuson-Moss Warranty Act, 15 IDSMs, Congress provided in Section form, and the first page of the document U.S.C. 2301 et seq. (‘‘the Act’’), which 110(a)(3), 15 U.S.C. 2310(a)(3), that must be clearly labeled ‘‘Confidential.’’ 1 required the FTC to issue three rules warrantors may incorporate into their The FTC is requesting that any comment relating to warranties on consumer written consumer product warranties a filed in paper form be sent by courier or products: the disclosure of written requirement that a consumer must resort overnight service, if possible, because warranty terms and conditions; pre-sale to an IDSM before pursuing a legal U.S. postal mail in the Washington area availability of warranty terms; and rules remedy under the Act for breach of and at the Commission is subject to establishing minimum standards for warranty. To ensure fairness to delay due to heightened security informal dispute settlement consumers, however, Congress also precautions. mechanisms that are incorporated into a directed that, if a warrantor were to All comments should additionally be written warranty.2 incorporate such a ‘‘prior resort submitted via facsimile to: Office of Consumer Product Warranty Rule requirement’’ into its written warranty, Management and Budget, Attention: (‘‘Warranty Rule’’): The Warranty Rule, the warrantor must comply with the Desk Officer for the Federal Trade 16 CFR 701, specifies the information minimum standards set by the Commission, fax #: (202) 395–6974. that must appear in a written warranty Commission for such IDSMs. Section The FTC Act and other laws the on a consumer product. The Rule tracks 110(a)(2) directed the Commission to Commission administers permit the Section 102(a) of the Act,3 specifying establish those minimum standards. collection of public comments to information that must appear in the The Informal Dispute Settlement Rule consider and use in this proceeding as written warranty and, for certain contains standards for IDSMs, including appropriate. All timely and responsive disclosures, mandates the exact requirements concerning the public comments will be considered by language that must be used.4 mechanism’s structure (e.g., funding, the Commission, and will be available The Rule Governing Pre-Sale staffing, and neutrality), the to the public on the FTC Web site, to the Availability of Written Warranty Terms qualifications of staff or decision extent practicable, at http://www.ftc.gov. (‘‘Pre-Sale Availabilty Rule’’): The Pre- makers, the mechanism’s procedures for As a matter of discretion, the FTC makes Sale Availability Rule, 16 CFR 702, resolving disputes (e.g., notification, every effort to remove home contact requires sellers and warrantors to make investigation, time limits for decisions, information for individuals from the the text of any written warranty on a and follow-up), recordkeeping, and public comments it receives before consumer product available to the annual audits. The Rule requires that placing those comments on the FTC consumer before sale. Among other warrantors establish written operating Web site. More information, including things, the Rule requires sellers to make procedures and provide copies of those routine uses permitted by the Privacy the text of the warranty readily available procedures upon request. Act, may be found in the FTC’s privacy either by (1) displaying it in close This rule applies only to those firms policy, at http://www.ftc.gov/ftc/ proximity to the product or (2) that choose to be bound by it by privacy.htm. furnishing it on request and posting requiring consumers to use an IDSM. Neither the Rule nor the Act requires FOR FURTHER INFORMATION CONTACT: signs in prominent locations advising warrantors to set up IDSMs. A warrantor Requests for additional information or consumers that the warranty is is free to set up an IDSM that does not copies of the proposed information available. The Rule requires warrantors comply with this rule as long as the requirements should be addressed to to provide materials to enable sellers to warranty does not contain a prior resort Carole Danielson, Investigator, Division comply with the Rule’s requirements, requirement. of Marketing Practices, Bureau of and also sets out the methods by which Consumer Protection, Federal Trade warranty information can be made Warranty Rule Burden Statement Commission, Room H–238, 600 available before the sale if the product is sold through catalogs, mail order, or Total annual hours burden: 34,000 Pennsylvania Ave., NW., Washington, hours. In 2001, the FTC estimated that DC 20580, (202) 326–3115. door-to-door sales. Informal Dispute Settlement Rule: the information collection burden of SUPPLEMENTARY INFORMATION: On July The Informal Dispute Settlement Rule, including the disclosures required by 14, 2004, the FTC sought comment on 16 CFR 703, specifies the minimum the Warranty Rule in consumer product standards which must be met by any warranties was approximately 34,000 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The hours per year. Because the Rule’s comment must be accompanied by an explicit informal dispute settlement mechanism request for confidential treatment, including the that is incorporated into a written paperwork requirements have not factual and legal basis for the request, and must consumer product warranty and which changed since then, and staff believes identify the specific portions of the comment to be the consumer must use before pursuing that the number of manufacturers withheld from the public record. The request will affected is largely unchanged, staff be granted or denied by the Commission’s General Counsel, consistent with applicable law and the 2 40 FR 60168 (December 31, 1975). concludes that its prior estimate public interest. See Commission Rule 4.9(c), 16 CFR 3 15 U.S.C. 2302(a). remains reasonable. Moreover, because 4.9(c). 4 40 FR 60168, 60169–60170. most warrantors would now disclose

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this information even if there were no number of manufacturers subject to the that apply to IDSMs incorporated into a statute or rule requiring them to do so, Rule remains largely unchanged. Staff consumer product warranty. The burden this estimate and those below pertaining continues to estimate that there are of the rule’s disclosure requirements is to the Warranty Rule likely overstate the 6,552 large retailers, 422,100 small limited. Staff estimates that paperwork burden attributable to it. The retailers, 146 large manufacturers, and recordkeeping and reporting burdens Rule has been in effect since 1976, and 4,095 small manufacturers. Staff are 21,754 hours per year and the most warrantors have already modified estimates that large retailers spend an disclosure burdens are 8,157 hours per their warranties to include the average of 26 hours per year and small year. The total estimated burden information the Rule requires. retailers an average of 6 hours per year imposed by the Rule is thus The above estimate is derived as to comply with the Rule. This yields a approximately 30,000 hours, rounded to follows. Based on conversations with total burden of 2,702,952 hours for the nearest thousand. This marks a various warrantors’ representatives over retailers. Large manufacturers spend an decrease from staff’s estimates in 2001. the years, staff has concluded that eight average of 52 hours per year and small At that time, staff estimated that the hours per year is a reasonable estimate manufacturers spend an average of 12 recordkeeping and reporting burden was of warrantors’ paperwork burden hours per year, for a total burden 24,625 hours per year and 9,235 hours attributable to the Warranty Rule. This estimate of 56,732 hours. Thus, the per year for disclosure requirements or, estimate includes the task of ensuring combined total burden is 2,760,000 cumulatively, approximately 34,000 that new warranties and changes to hours, rounded to the nearest thousand. hours.7 existing warranties comply with the Since 2001, some online retailers have Although the Rule’s paperwork Rule. Staff continues to estimate that begun to post warranty information on requirements have not changed since there are 4,241 manufacturing entities, their web sites, which should reduce the FTC’s PRA clearance request in which results in a burden figure of their cost of providing the required 2001, the audits filed by the IDSMs 33,928 hours (4,241 × 8 hours annually/ information. However, this method of indicate that fewer disputes were manufacturer), rounded to 34,000. compliance is still evolving and handled in 2002, which reduces the Total annual labor costs: Labor costs involves a relatively small number of annual hours burden. The calculations are derived by applying appropriate firms. Furthermore, those online underlying these new estimates follow. hourly cost figures to the burden hours retailers that also operate ‘‘brick-and- Recordkeeping: The Rule requires that described above. The work required to mortar’’ operations would still have to IDSMs maintain individual case files, comply with the Warranty Rule is provide paper copies of the warranty for update indexes, complete semi-annual predominantly clerical. Based on an review by those customers who do not statistical summaries, and submit an average hourly rate of $14 for clerical do business online. Thus, online annual audit report to the FTC. Most of employees and 34,000 total burden methods of complying with the Rule do the recordkeeping hours are attributed hours, the annual labor cost is not yet appear to be sufficiently to compiling individual case records. approximately $476,000.5 widespread so as to significantly alter Because maintaining individual case Total annual capital or other non- the measure of burden associated with records is a necessary function for any labor costs: The Rule imposes no the Rule, although it is likely to IDSM, much of the burden would be appreciable current capital or start-up decrease that burden in the future. incurred in the ordinary course of the costs. The vast majority of warrantors Total annual labor cost: The work IDSM’s business; however, staff have already modified their warranties required to comply with the Pre-Sale estimates that the Rule’s recordkeeping to include the information the Rule Availability Rule is predominantly requirements impose an additional requires. Rule compliance does not clerical, e.g., providing copies of burden of 30 minutes per case. Staff also require the use of any capital goods, manufacturer warranties to retailers and has allocated 10 minutes per case for other than ordinary office equipment, retailer maintenance of them. Assuming compiling indexes, statistical which providers would already have a clerical labor cost rate of $14/hour, the summaries, and the annual audit available for general business use. total annual labor cost burden is required by the Rule, resulting in a total approximately $38,640,000. recordkeeping requirement of 40 Pre-Sale Availability Rule Burden Total annual capital or other non- minutes per case. Statement The amount of work required will labor costs: De minimis. The vast depend on the number of dispute Total annual hours burden: Staff majority of retailers and warrantors resolution proceedings undertaken in estimates that the burden of including already have developed systems to each IDSM. The 2002 audit report for the disclosures required by the Pre-Sale provide the information the Rule the BBB AUTO LINE states that, during Availability Rule in consumer product requires. Compliance by retailers calendar year 2002, it handled 22,996 warranties is 2,760,000 hours, rounded typically entails simply filing warranties warranty disputes on behalf of 14 to the nearest thousand. in binders and posting an inexpensive manufacturers (including General In 2001, FTC staff estimated that the sign indicating warranty availability.6 Motors, Saturn, Honda, Volkswagen, information collection burden of Manufacturer compliance entails Isuzu, Nissan, Rolls Royce and Land including the disclosures required by providing retailers with a copy of the Rover).8 Automobile industry the Pre-Sale Availability Rule in warranties included with their products. consumer product warranties was representatives have informed staff that approximately 2,760,000 hours per year. Informal Dispute Settlement Rule all domestic manufacturers and most There has been no change in the Rule’s Burden Statement importers now include a ‘‘prior resort’’ paperwork requirements since the Total annual hours burden: 30,000 requirement in their warranties, and previous clearance request in 2001, and hours. The primary burden from the the staff has determined, based on its Informal Dispute Settlement Rule comes 7 The data and resulting calculations for the hours and cost burdens for Rule 703 differ slightly from knowledge of the industry, that the from its recordkeeping requirements those published in the July 14, 2004, Notice in the Federal Register. 5 The wage rates in this notice have been updated 6 Although some retailers may choose to display 8 So far as staff is aware, all or virtually all of the to reflect data from the Bureau of Labor Statistics a more elaborate or expensive sign, that is not IDSMs subject to the Rule are within the auto National Compensation Survey. required by the Rule. industry.

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thus are covered by the Informal Staff assumes that IDSMs use skilled request copies of warrantors’ annual Dispute Settlement Rule. Therefore, staff clerical or technical support staff to audit reports (although, based on assumes that virtually all of the 22,996 compile and maintain the records requests for audit reports made directly disputes handled by the BBB fall within required by the Rule at an hourly rate to the FTC, the indications are that Rule 703. Apart from the BBB audit of $16; thus, the labor cost associated considerably fewer requests are actually report, 2002 reports were also submitted with the 21,754 recordkeeping burden made). Thus, the estimated total annual by the mechanisms that handle dispute hours is $348,064. Staff further assumes copying costs for average-sized files is resolution for Toyota, Chrysler, Ford, that IDSMs use clerical support at an approximately $40,788 (25 pages/file × and Mitsubishi, all of which are covered hourly rate of $11 to reproduce records, .05 × 32,631 requests) and $65,260 for by the Rule. The Ford IDSM states that and therefore that the labor costs of the copies of annual audits (200 pages/audit it handled 5,295 total disputes. The 8,157 disclosure burden hours is report × .05 × 6,526 requests), for total National Center for Dispute Settlement approximately $89,727. Accordingly, copying costs of $106,048, rounded to handles disputes for Mitsubishi, Toyota the combined total labor cost for $106,050. Beginning with the 2002 and Daimler-Chrysler. The 2002 audits recordkeeping and disclosures is audits, the FTC staff requested that the of the Center’s operations show 154 in- $437,791, rounded to 438,000. audits also be submitted in electronic jurisdiction Mitsubishi disputes were Total annual capital or other non- format so they can be posted on the FTC filed; it handled 2,353 in-jurisdiction labor costs: $300,000. web site. This new procedure will likely cases on behalf of Toyota; and closed Total capital and start-up costs: The reduce the number of hours and costs of 1,833 cases involving Daimler-Chrysler. Rule imposes no appreciable current copying the audits, because the IDSMs Based on these figures, staff estimates capital or start-up costs. The vast will be able to refer consumers to the that the total number of disputes majority of warrantors have already FTC web site, where they can download handled by Rule 703 mechanisms is developed systems to retain the records and/or print out the information approximately 32,631. Thus, staff and provide the disclosures required by needed. Because this process has only estimates the total burden to be the Rule. Rule compliance does not recently begun (and because not all approximately 21,754 hours (32,631 require the use of any capital goods, consumers have access to a computer), disputes × 40 minutes ÷ 60). other than ordinary office equipment, to it is too soon to estimate the decrease in Disclosure: The Rule requires that which providers would already have hours and costs that may result from the information about the mechanism be access. public posting of the audits. disclosed in the written warranty. Any The only additional cost imposed on incremental costs to the warrantor of IDSMs operating under the Rule that William E. Kovacic, including this additional information in would not be incurred for other IDSMs General Counsel. the warranty are negligible. The is the annual audit requirement. One of [FR Doc. 04–22931 Filed 10–12–04; 8:45 am] majority of such costs would be borne the IDSMs currently operating under the BILLING CODE 6750–01–P by the IDSM, which is required to Rule estimates the total annual costs of provide to interested consumers upon this requirement to be under $100,000. request copies of the various types of Because there are three IDSMs operating FEDERAL TRADE COMMISSION under the Rule (Toyota, Mitsubishi, and information the IDSM possesses, Granting of Request For Early Chrysler share the same IDSM, though including annual audits. Consumers Terminiation of the Waiting Period each company is reported separately), who have dealt with the IDSM also have Under the Premerger Notification staff estimates the total non-labor costs a right to copies of their records. (IDSMs Rules are permitted to charge for providing associated with the Rule to be three both types of information.) Given the times that amount, or $300,000.10 This Section 7A of the Clayton Act, 15 small number of entities that have extrapolated total, however, also reflects U.S.C. 18a, as added by Title II of the operated programs over the years, staff an estimated $120,000 for copying costs, Hart-Scott-Rodino Antitrust estimates that the burden imposed by which is accounted for separately under Improvements Act of 1976, requires the disclosure requirements is the category below. Thus, estimated persons contemplating certain mergers approximately 8,157 hours per year for costs attributable solely to capital or or acquisitions to give the Federal Trade the existing IDSMs to provide copies of start-up expenditures is $180,000. Commission and the Assistant Attorney this information. This estimate draws Other non-labor costs: $127,500 in General advance notice and to wait from the estimated number of copying costs. This total is based on designated periods before consumers who file claims each year estimated copying costs of 5 cents per consummation of such plans. Section with the IDSMs (32,631) and the page and several conservative 7A(b)(2) of the Act permits the agencies, assumption that each consumer assumptions or estimates. Staff in individual cases, to terminate this individually requests copies of the estimates that the ‘‘average’’ dispute- waiting period prior to its expiration records relating to their dispute. Staff related file is about 25 pages long and and requires that notice of this action be estimates that the copying would that a typical annual audit file is about published in theFederal Register. require approximately 15 minutes per 200 pages in length. For purposes of The following transactions were consumer, including copies of the estimating copying costs, staff assumes granted early termination of the waiting annual audit.9 Thus, the IDSMs that every consumer complainant (or period provided by law and the currently operating under the Rule have approximately 32,631 consumers) premerger notification rules. The grants an estimated total disclosure burden of requests a copy of the file relating to his were made by the Federal Trade 8,157 hours (32,631 claims × 15 min. ÷ or her dispute. Staff also assumes that, Commission and the Assistant Attorney 60). for about 6,526 (20%) of the estimated General for the Antitrust Division of the Total annual labor cost: $438,000. 32,631 disputes each year, consumers Department of Justice. Neither agency

9 This estimate incorporates any additional time consumers request such copies in only a minority the entire $100,000 in its estimate of capital and needed to reproduce copies of audit reports for of cases, this estimate is likely an overstatement. other non-labor costs, even though some of this consumers upon their request. Inasmuch as 10 The industry source did not break down this burden is likely already accounted for as labor estimate by cost item. Staff conservatively included costs.

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intends to take any action with respect to these proposed acquisitions during the applicable waiting period.

Trans # Acquiring Acquired Entities

TRANSACTIONS GRANTED EARLY TERMINATION—09/14/2004

20041328 ...... Seiko Epson Corporation ...... Sanyo Epson Imaging Devices Cor- Sanyo Epson Imaging Devices Cor- poration. poration. 20041335 ...... J.P. Morgan Chase & Co...... TruSecure Corporation ...... TruSecure Corporation. 20041342 ...... Ricoh Company, Ltd...... Hitachi, Ltd...... Hitachi Printing Solutions, Ltd. 20041353 ...... Trevor Lloyd ...... Robert (and wife, Elsa) Eustace ...... Applied Systems, Inc. 20041354 ...... Cox Enterprises, Inc...... Cox Enterprises, Inc...... TCA Cable Partners. 20041357 ...... Kenneth R. Thomson ...... KnowledgeNet.com, Inc...... KnowledgeNet.com, Inc. 20041369 ...... Cisco Systems, Inc...... P-Cube, Inc...... P-Cube, Inc. 20041371 ...... J.W. Childs Equity Partners III, L.P. Fitness Quest, Inc...... Fitness Quest, Inc. 20041376 ...... CCG Investments BVI, L.P...... Richard T. Lilly ...... Lilly Software Associates, Inc. 20041377 ...... UICI ...... HealthMarket Inc...... HealthMarket Administrative Serv- ices, Inc. 20041378 ...... Lincoln Insurance Group, Inc...... Security Mutual Life Nebraska Hold- SML Holdings Co. ing Company.

TRANSACTIONS GRANTED EARLY TERMINATION—09/15/2004

20041364 ...... Collins Stewart Tullett plc ...... Arthur Hughes ...... FPG Holdings Limited

TRANSACTIONS GRANTED EARLY TERMINATION—09/16/2004

20041367 ...... The Hearst Trust ...... White Directory Publishers, Inc...... White Directory of Carolina, Inc., White Directory of Florida, Inc., White Directory of New England, Inc., White Directory of Pennsyl- vania, Inc., White Directory of Vir- ginia, LLC, White Directory Pub- lishers, Inc.

TRANSACTIONS GRANTED EARLY TERMINATION—09/17/2004

20040710 ...... General Electric Company ...... InVision Technologies, Inc...... InVision Technologies, Inc. 20041356 ...... GC Power Acquisition LLC ...... Centerpoint Energy, Inc...... Texas Genco Holdings, Inc., Texas Genco II LP, Texas Genco Serv- ices, LP 20041382 ...... International Power plc ...... Edison International ...... EME del Caribe Holding GmbH 20041383 ...... MGI Pharma, Inc...... SuperGen, Inc...... SuperGen, Inc. 20041392 ...... Austin Ventures VIII, L.P...... Mr. Russell B. Inserra ...... Orion Marine Group Holdings, Inc. 20041393 ...... George David ...... United Technologies Corporation ...... United Technologies Corporation 20041400 ...... QUALCOMM Incorporated ...... Iridigm Display Corporation ...... Iridigm Display Corporation.

TRANSACTIONS GRANTED EARLY TERMINATION—09/20/2004

20041314 ...... ConMed Corporation ...... C.R. Bard, Inc...... C.R. Bard, Inc. 20041370 ...... UBS AG ...... The Charles Schwab Corporation ..... Schwab Capital Markets L.P., SoundView Technology Group, Inc.

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Trans # Acquiring Acquired Entities

20041396 ...... Sumitomo Corporation ...... PG&E Corporation ...... Hermiston Generating Company, L.P., Airport Ale House and Raw Bar, Inc., Alafaya Ale House and Raw Bar, Ltd., Ale House Manage- ment, Inc., Alpharetta Ale House and Raw Bar, Inc., Altamonte Ale House and Raw Bar, Inc., Boca Ale House and Raw Bar, Inc., Boynton Ale House, Inc., Bra- denton Ale House and Raw Bar, Inc., Brandon Ale House and Raw Bar, Ltd., Buena Vista Ale House Raw Bar, Inc., Coral Springs Ale House and Raw Bar, Ltd., Davie Ale House and Raw Bar, Ltd., Daytona Ale House and Raw Bar, Ltd., Doral Ale House and Raw Bar, Inc., Florida Mall Ale House and Raw Bar, Inc., Fort Lauderale Ale House and Raw Bar, Inc., Ft Myers Ale House and Raw Bar Eas, Inc., Gardens Ale House and Raw Bar, Inc., Hiawassee Ale House and Raw Bar, Inc., Holly- wood Ale House and Raw Bar, Inc., Jupiter Ale House, Inc., Ken- dall Ale House and Raw Bar, Inc., Kirkman Road Ale House and Raw Bar, Inc., Lakeland Ale House and Raw Bar, Inc., Mandarin Ale House and Raw Bar, Inc., North Miami Ale House and Raw Bar, Inc., Ocala Ale House and Raw Bar, Inc., Orlando Ale House and Raw Bar, Inc., Palm Harbor Ale House and Raw Bar, Inc., Pem- broke Pines Ale House and Raw Bar, Ltd., Regency Ale House and Raw Bar, Ltd., Sanford Ale House and Raw Bar, Inc., Sarasota Ale House and Raw Bar, Inc., South- side Ale House and Raw Bar, Inc., St. Petersburg Ale House and Raw Bar, Inc., Tampa Ale House and Raw Bar, Inc., UNCC Char- lotte Ale House and Raw Bar Lim- ited Partnership.

20041399 ...... SKM Equity Fund III, L.P ...... John W. Miller.

TRANSACTIONS GRANTED EARLY TERMINATION—09/21/2004

20041263 ...... Morton Manus and Iris Manus ...... WMG Parent Corporation ...... CPP/Belwin, Inc., International Music Publications Limited, Warner Bros, Publications U.S. Inc. 20041391 ...... SCF–IV, L.P...... Mr. Harold Hamm ...... Hamm Co., Rental Tools, Inc.

TRANSACTIONS GRANTED EARLY TERMINATION—09/23/2004

20041394 ...... ArcLight Energy Partners Fund II, General Electric Company ...... TIFD III–C, Inc. L.P..

TRANSACTIONS GRANTED EARLY TERMINATION—09/24/2004

20041333 ...... Kenneth R. Thomson ...... Educational Testing Service ...... iLearning, Inc., The Chauncey Group Holdings Inc.

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FOR FURTHER INFORMATION CONTACT: Information Services, CMS, Mail stop Dated: October 1, 2004. Sandra M. Peay, Contact Representative N2–04–27, 7500 Security Boulevard, Mark B. McClellan, or Renee Hallman, Case Management Baltimore, Maryland 21244–1850. Administrator. Assistant, Federal Trade Commission, Comments received will be available for Premerger Notification Office, Bureau of review at this location, by appointment, Computer Match No. 2001–06 Competition, Room H–303, Washington, during regular business hours, Monday NAME: DC 20580 (202) 326–3100. through Friday from 9 a.m.–3 p.m., ‘‘Computer Matching Agreement By Direction of the Commission. eastern daylight time. Between the Centers for Medicare & Donald S. Clark, FOR FURTHER INFORMATION CONTACT: Medicaid Services (CMS) and the State Secretary. Douglass Brown, Health Insurance of California Department of Health [FR Doc. 04–22930 Filed 10–12–04; 8:45 am] Specialist, Division of Methods and Services (DHS) for Disclosure of BILLING CODE 6750–01–M Strategy, Program Integrity Group, Medicare and Medicaid Information’’. Office of Financial Management, CMS, SECURITY CLASSIFICATION: Mail-stop C3–02–16, 7500 Security Level Three Privacy Act Sensitive. DEPARTMENT OF HEALTH AND Boulevard, Baltimore Maryland 21244– HUMAN SERVICES 1850. The telephone number is (410) PARTICIPATING AGENCIES: 786–0028 and e-mail is The Centers for Medicare & Medicaid Centers for Medicare & Medicaid [email protected]. Services, and State of California Services Department of Health Services. SUPPLEMENTARY INFORMATION: Privacy Act of 1974; Renewal of AUTHORITY FOR CONDUCTING MATCHING Computer Matching Program (Match I. Description of the Matching Program PROGRAM: No. 2001–06) A. General This Computer Matching Program (CMP) is executed to comply with the AGENCY: Department of Health and The Computer Matching and Privacy Privacy Act of 1974 (Title 5 United Human Services (HHS), Centers for Protection Act of 1988 (Pub. L. 100– Medicare & Medicaid Services (CMS). States Code (U.S.C.) section 552a), as 503), amended the Privacy Act (5 U.S.C. amended, the Office of Management and ACTION: Notice of renewal of computer § 552a) by describing the manner in Budget (OMB) Circular A–130, titled matching program (CMP). which computer matching involving ‘‘Management of Federal Information Federal agencies could be performed SUMMARY: In accordance with the Resources’’ at 65 FR 77677 (December requirements of the Privacy Act of 1974, and adding certain protections for 12, 2000), and OMB guidelines as amended, this notice announces the individuals applying for and receiving pertaining to computer matching (54 FR renewal of a CMP that CMS plans to Federal benefits. Section 7201 of the 25818, June 19, 1989). conduct with the State of California Omnibus Budget Reconciliation Act of Authority for this matching program Department of Health Services (DHS). 1990 (Pub. L. 100–508) further amended is given under the matching provisions We have provided background the Privacy Act regarding protections for of §§ 1816, 1842, and 1874(b) of the information about the proposed such individuals. The Privacy Act, as Social Security Act (42 U.S.C. 1395h, matching program in the amended, regulates the use of computer 1395u, and 1395kk(b)). Authority for ‘‘Supplementary Information’’ section matching by Federal agencies when DHS to participate in this computer- below. Although the Privacy Act records in a system of records are matching program is given under the requires only that CMS provide an matched with other Federal, State, or provisions of §§ 10740, 10748, 10750, opportunity for interested persons to local government records. It requires 14000, and 14000.3. 14000.4, 14005, comment on the proposed matching Federal agencies involved in computer 14005.4, 14100.1, 14200 of the program, CMS invites comments on all matching programs to: California Welfare and Institutions portions of this notice. See ‘‘Effective 1. Negotiate written agreements with Code, and 42 CFR 431.300 through Dates’’ section below for comment the other agencies participating in the 431.307. DHS is charged with period. matching programs; administration of the Medicaid program in California and is the single state 2. Obtain the Data Integrity Board DATES: CMS filed a report of the CMP agency for such purpose. DHS may act approval of the match agreements; with the Chair of the House Committee as an agent or representative of the on Government Reform and Oversight, 3. Furnish detailed reports about Federal government for any purpose in the Chair of the Senate Committee on matching programs to Congress and furtherance of DHS’s functions or Governmental Affairs, and the OMB; administration of the Federal funds Administrator, Office of Information 4. Notify applicants and beneficiaries granted to the state. In California, the and Regulatory Affairs, Office of that the records are subject to matching; Medi-Cal Act provides qualifying Management and Budget (OMB) on and, individuals with health care and related October 1, 2004. We will not disclose remedial or preventive services, any information under a matching 5. Verify match findings before reducing, suspending, terminating, or including both Medicaid services and agreement until 40 days after filing a services authorized under state law that report to OMB and Congress or 30 days denying an individual’s benefits or payments. are not provided under Federal law. The after publication. We may defer program to provide all such services is implementation of this matching B. CMS Computer Matches Subject to known as the Medi-Cal program. program if we receive comments that the Privacy Act persuade us to defer implementation. PURPOSE(S) OF THE MATCHING PROGRAM: ADDRESSES: The public should address CMS has taken action to ensure that The purpose of this Agreement is to comments to: Director, Division of all CMPs that this Agency participates establish the conditions, safeguards, and Privacy Compliance Data Development, in comply with the requirements of the procedures under which CMS will Enterprise Databases Group, Office of Privacy Act of 1974, as amended. conduct a computer matching program

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with the State of California, DHS, and Medicare Supplier Identification File, appropriate uses of immunizing agents. In under which DHS will participate in a System No. 09–70–0530 was most addition, under 42 U.S.C. 1396s, the computer matching program with CMS, recently published in the Federal committee is mandated to establish and periodically review and, as appropriate, to study claims, billing, and eligibility Register, at 57 FR 23420 (June 3, 1992). revise the list of vaccines for administration information to detect suspected Matched data will be released to DHS to vaccine-eligible children through the instances of Medicare and Medicaid pursuant to the routine use as set forth Vaccines for Children (VFC) program, along fraud and abuse (F&A) in the State of in the system notice. with schedules regarding the appropriate California. CMS and DHS will provide Unique Physician/Provider periodicity, dosage, and contraindications Electronic Data Systems (EDS), a CMS Identification Number (formerly known applicable to the vaccines. contractor (hereinafter referred to as the as the Medicare Physician Identification Matters To Be Discussed: The agenda will ‘‘Custodian’’), with Medicare and and Eligibility System), System No. 09– include discussions on influenza which 70–0525, was most recently published includes a VFC vote on use of Live Medicaid records pertaining to Attenuated Influenza Vaccine; proposed eligibility, claims, and billing which the in the Federal Register at 53 FR 50584 recommendations for use of quadrivalent Custodian will match in order to merge (Dec 16, 1988). Matched data will be meningococcal conjugate vaccine (MCV4); the information into a single database. released to DHS pursuant to the routine recommendations for use of Hepatitis A Utilizing fraud detection software, the use as set forth in the system notice. Vaccine; an update on implementation of information will then be used to Carrier Medicare Claims Record, strategy to eliminate Hepatitis B virus identify patterns of aberrant practices System No. 09–70–0501 published in transmission; varicella epidemiology and requiring further investigation. The the Federal Register at 59 FR 37243 future program goals, including (July 21, 1994). Matched data will be consideration of 2 dose varicella vaccination; following are examples of the type of proposal for an evidenced based format for aberrant practices that may constitute released to DHS pursuant to the routine ACIP recommendations; consideration of F&A by practitioners, providers, and use as set forth in the system notice. revisions for the Harmonized Childhood suppliers in the State of California The data for DHS are maintained in Immunization schedule; revisions to the 2002 expected to be identified in this the following data files: ‘‘Medi-Cal General Recommendations; discussion of matching program: (1) Billing for RFF035 File Paid Claims’’; ‘‘Medi-Cal smallpox vaccine safety; and working group provision of more than 24 hours of Combined Provider Master File’’; and and Departmental updates. services in one day; (2) providing ‘‘Medi-Cal Eligibility Record File.’’ Agenda items are subject to change as priorities dictate. treatment and services in ways more INCLUSIVE DATES OF THE MATCH: Due to programmatic issues that had to be statistically significant than similar The CMP shall become effective no resolved, the Federal Register notice is being practitioner groups; and (3) up-coding sooner than 40 days after the report of published less than fifteen days before the and billing for services more expensive the Matching Program is sent to OMB date of the meeting. than those actually performed. For Further Information Contact: Demetria and Congress, or 30 days after Gardner, Epidemiology and Surveillance CATEGORIES OF RECORDS AND INDIVIDUALS publication in the Federal Register, Division, National Immunization Program, COVERED BY THE MATCH: which ever is later. The matching CDC, 1600 Clifton Road, NE, (E–61), Atlanta, This CMP will enhance the ability of program will continue for 18 months Georgia 30333, telephone 404/639–8096, fax CMS and DHS to detect F&A by from the effective date and may be 404/639–8616. matching claims data, eligibility, and extended for an additional 12 months The Acting Director, Management Analysis practitioner, provider, and supplier thereafter, if certain conditions are met. and Services Office, has been delegated the authority to sign Federal Register notices enrollment records of Medicare [FR Doc. 04–22902 Filed 10–12–04; 8:45 am] pertaining to announcements of meetings and beneficiaries, practitioners, providers, BILLING CODE 4120–03–P other committee management activities for and suppliers in the State of California both the CDC and ATSDR. against records of Medicaid/Medi-Cal Dated: October 7, 2004. beneficiaries, practitioners, providers, DEPARTMENT OF HEALTH AND B. Kathy Skipper, and suppliers in the State of California. HUMAN SERVICES Acting Director, Management Analysis and Services Office, Centers for Disease Control DESCRIPTION OF RECORDS TO BE USED IN THE Centers for Disease Control and MATCHING PROGRAM: and Prevention. Prevention Systems of Records (SOR). [FR Doc. 04–22985 Filed 10–8–04; 9:19 am] The data for CMS are maintained in Advisory Committee on Immunization BILLING CODE 4163–18–P the following SOR: National Claims Practices History (NCH), System No. 09–70–0005 was most recently published in the In accordance with section 10(a)(2) of DEPARTMENT OF HEALTH AND Federal Register, at 59 FR 19181 (April the Federal Advisory Committee Act HUMAN SERVICES 22, 1994). NCH contains records needed (Pub. L. 92–463), the Centers for Disease Food and Drug Administration to facilitate obtaining Medicare Control and Prevention (CDC) announce utilization review data that can be used the following Federal Committee [Docket No. 2004N–0049] to study the operation and effectiveness meeting. of the Medicare program. Matched data Name: Advisory Committee on Agency Information Collection will be released to DHS pursuant to the Immunization Practices (ACIP). Activities; Announcement of Office of routine use as set forth in the system Times and Dates: 9 a.m.–5:45 p.m., Management and Budget Approval; notice. October 27, 2004; 8 a.m.–4:35 p.m., October Control of Communicable Diseases; Enrollment Database, System No. 09– 28, 2004. Restrictions on African Rodents, 70–0502 (formerly known as the Health Place: Atlanta Marriott Century Center, Prairie Dogs, and Certain Other 2000 Century Boulevard, NE., Atlanta, Animals Insurance Master Record) published at Georgia 30345–3377. 55 FR 37547 (September 12, 1990). Status: Open to the public, limited only by AGENCY: Food and Drug Administration, Matched data will be released to DHS the space available. HHS. pursuant to the routine use set forth in Purpose: The committee is charged with ACTION: Notice. the system notice. advising the Director, CDC, on the

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SUMMARY: The Food and Drug number. OMB has now approved the During the month of September 2004, Administration (FDA) is announcing information collection and has assigned the HHS Office of Inspector General that a collection of information entitled OMB control number 0910–0519. The imposed exclusions in the cases set ‘‘Control of Communicable Diseases; approval expires on September 30, forth below. When an exclusions is Restrictions on African Rodents, Prairie 2007. A copy of the supporting imposed, no program payment is made Dogs, and Certain Other Animals’’ has statement for this information collection to anyone for any items or services been approved by the Office of is available on the Internet at http:// (other than an emergency item or Management and Budget (OMB) under www.fda.gov/ohrms/dockets. service not provided in a hospital the Paperwork Reduction Act of 1995. Dated: October 5, 2004. emergency room) furnished, ordered or FOR FURTHER INFORMATION CONTACT: Jeffrey Shuren, prescribed by an excluded party under the Medicare, Medicaid, and all Federal JonnaLynn P. Capezzuto, Office of Assistant Commissioner for Policy. Management Programs (HFA–250), Food Health Care programs. In addition, no [FR Doc. 04–22899 Filed 10–12–04; 8:45 am] program payment is made to any and Drug Administration, 5600 Fishers BILLING CODE 4160–01–S Lane, Rockville, MD 20857, 301–827– business or facility, e.g., a hospital, that 4659. submits bills for payment for items or services provided by an excluded party. DEPARTMENT OF HEALTH AND SUPPLEMENTARY INFORMATION: In the Program beneficiaries remain free to HUMAN SERVICES Federal Register of July 9, 2004 (69 FR decide for themselves whether they will 41501), the agency announced that the Office of Inspector General continue to use the services of an proposed information collection had excluded party even though no program been submitted to OMB for review and Program Exclusions: September 2004 payments will be made for items and clearance under 44 U.S.C. 3507. An services provided by that excluded agency may not conduct or sponsor, and AGENCY: Office of Inspector General, party. The exclusions have national a person is not required to respond to, HHS. effect and also apply to all Executive a collection of information unless it Branch procurement and non- ACTION: Notice of program exclusions. displays a currently valid OMB control procurement programs and activities.

Subject name Address Effective date

Program-Related Convictions

ABERBACH, STEVEN ...... TRENTON, NJ ...... 10/20/2004 ANDREADIS, BARBARA ...... BERKELEY SPRINGS, WV ...... 10/20/2004 AUGUSTINE MEDICAL, INC ...... EDEN PRAIRIE, MN ...... 5/6/2004 AUSTIN, GAIL ...... SALEM, OR ...... 10/20/2004 BELFREY, THURLEE ...... MAPLE GROVE, MN ...... 10/20/2004 BELLAMY, BERNICE ...... LUMBERTON, NJ ...... 10/20/2004 BELLAMY, HARVEY ...... TRENTON, NJ ...... 10/20/2004 BENSON, BRYON ...... DENVER, CO ...... 10/20/2004 BESSETTE, H ...... BALLSTON LAKE, NY ...... 10/20/2004 BROWN, EARNEST ...... DEERFIELD, WI ...... 10/20/2004 CORRAI, RUSSELL ...... ELK PARK, NC ...... 10/20/2004 DELGADO, MANOLO ...... HIALEAH, FL ...... 10/20/2004 DIXON-PYETT, ANTOINETTE ...... COLUMBUS, OH ...... 10/20/2004 DOCTOR, JULIA ...... ALEXANDRIA, VA ...... 10/20/2004 DUENAS, ADELIODA ...... FRESNO, CA ...... 10/20/2004 DUENAS, FERALINA ...... FRESNO, CA ...... 10/20/2004 EDUKERE, GODWIN ...... ANTHONY, NM ...... 10/20/2004 FOX, BARBARA ...... WHITE HORSE BEACH, MA ...... 10/20/2004 FRANZINO, ROBERT ...... GREENSBURG, PA ...... 10/20/2004 FRENCH, CONSTANT ...... LITTLETON, CO ...... 10/20/2004 HAMILTON, CARRIE ...... FT WORTH, TX ...... 10/20/2004 JEFFERSON, SHANNON ...... UNION GROVE, WI ...... 10/20/2004 JOHANNESSEN, PAULA ...... COLUMBUS, OH ...... 10/20/2004 LAMBERT, CHRISTINA ...... WHEELERSBURG, OH ...... 10/20/2004 LEVIN, JOHN ...... MINERSVILLE, PA ...... 10/20/2004 LOWE, JAMES ...... TULSA, OK ...... 10/20/2004 LUNDQUIST, KARL ...... FLORENCE, CO ...... 10/20/2004 MARTIN, STEPHEN ...... SPRINGERVILLE, AZ ...... 10/22/2004 MILES, RICHARD ...... BEAUMONT, TX ...... 10/20/2004 MILLS, DEBORAH ...... GROVE CITY, OH ...... 10/20/2004 MODI, VINODCHANDRA ...... BEAVER, WV ...... 10/20/2004 NGANG, ITA ...... SILVER SPRING, MD ...... 10/20/2004 POKH, ROSSIA ...... BROOKLYN, NY ...... 10/20/2004 PROCTOR, DONALD ...... HOUSTON, TX ...... 10/20/2004 PUJOL, ALEJANDRO ...... MIAMI, FL ...... 10/20/2004 RAUF, ABDUL ...... OGDENSBURG, NY ...... 10/20/2004 RICE, LEISA ...... ELMENDORF, TX ...... 10/20/2004 RICHARDSON, JACQUELINE ...... FT WORTH, TX ...... 10/20/2004 RICHARDSON, TROY ...... LEANDER, TX ...... 10/20/2004 ROMERO, BERNADETTE ...... SANTA FE, NM ...... 10/20/2004 ROSARIO, DEBRA ...... FINDLAY, OH ...... 10/20/2004 ROSS, ADAM ...... ENCINO, CA ...... 10/20/2004

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Subject name Address Effective date

SATYSHUR, ELAINE ...... BRYAN, TX ...... 10/20/2004 SHANNON, MICHAEL ...... TROY, NY ...... 10/20/2004 SIGAL, DAVID ...... WOODLAND HILLS, CA ...... 10/20/2004 SIGAL, MILA ...... CHOWCHILLA, CA ...... 10/20/2004 SLATER, GERALD ...... GLENWOOD SPRINGS, CO ...... 10/20/2004 SMERECK, KAREN ...... CANTON, MI ...... 10/20/2004 TALERO, WILLIAM ...... JUPITER, FL ...... 10/20/2004 THE FAMILY PRACTICE CLINIC ...... KILLEN, TX ...... 10/20/2004 VALER, ENRIQUE ...... DOWNEY, CA ...... 10/20/2004 WEINER, MARIANNA ...... BROOKLYN, NY ...... 10/20/2004 WHITE, PUANANI ...... SAINT MICHAELS, MD ...... 10/20/2004 WHITE, RONNIE ...... MORGANTOWN, WV ...... 10/20/2004

Felony Conviction for Health Care Fraud

BLANK, CHRISTOPHER ...... GLENWOOD SPRINGS, CO ...... 10/20/2004 BROWNSTEIN, STEVEN ...... BALTIMORE, MD ...... 10/20/2004 CORTEZ, CHARLIE ...... THE WOODLANDS, TX ...... 10/20/2004 DECAVITCH, MARTHA ...... MAUMEE, OH ...... 10/20/2004 DIVENS, CATHERINE ...... YOUNGSTOWN, OH ...... 10/20/2004 FELAN, CHRISTOPHER ...... RICHMOND, TX ...... 10/20/2004 HAYDEN, JENNIFER ...... UNIONTOWN, OH ...... 10/20/2004 KOONTZ, DANIEL ...... GLOBE, AZ ...... 10/20/2004 MARCUSEN, JOLYNN ...... CLINTON, UT ...... 10/20/2004 MICHAELS, SAUNDRA ...... AMARILLO, TX ...... 10/20/2004 RAVIS, GARY ...... LEAWOOD, KS ...... 10/20/2004 RODGERS, SHERI ...... ESTES PARK, CO ...... 10/20/2004 SMALLEGAN, STACEY ...... WEED, CA ...... 10/20/2004 STEFONETTI, CHARLES ...... SCRANTON, PA ...... 10/20/2004 THOMPSON, JAMES ...... ST LOUIS, MO ...... 10/20/2004 TKACH, IVAN ...... PHILADELPHIA, PA ...... 10/20/2004 TYLER, HEATHER ...... AUGUSTA, ME ...... 10/20/2004 WEST, KEITH ...... WYANDOTTE, MI ...... 10/20/2004 WHITSON, CATHY ...... VINCENNES, IN ...... 10/20/2004 WILLIAMSON, JUDY ...... DENVER, CO ...... 10/20/2004

Felony Control Substance Conviction

BEAN, KIMBERLY ...... LONGMONT, CO ...... 10/20/2004 BOATRIGHT, SUSAN ...... TAFT, OK ...... 10/20/2004 BOYD, LORI ...... TULSA, OK ...... 10/20/2004 BROWN, MARVIN ...... AVENTURA, FL ...... 10/20/2004 CLARK, CORDELL ...... DALLAS, TX ...... 10/20/2004 COUKOS, LUKE ...... HOPEWELL, VA ...... 10/20/2004 FINCH, SCOTT ...... SHASTA LAKE, CA ...... 10/20/2004 GARDNER, RODNEY ...... GARLAND, UT ...... 10/20/2004 HARRISON, JENNY ...... SPANISH FORK, UT ...... 10/20/2004 KUNCL, CAROL ...... STEAMBOAT SPRINGS, CO ...... 10/20/2004 LONGARINI, STACEY ...... READING, PA ...... 10/20/2004 PATTERSON, LISA ...... ELECTRA, TX ...... 10/20/2004 QUAMMEN, ANETTE ...... OTTO, WY ...... 10/20/2004 TINDER, GAIL ...... AURORA, CO ...... 10/20/2004 WAINSCOTT, MICHELLE ...... OKLAHOMA CITY, OK ...... 10/20/2004 WOOLEY, CATHERINE ...... BEAVER FALLS, PA ...... 10/20/2004

Patient Abuse/Neglect Convictions

BALES, ROBERTA ...... MEDFORD, OK ...... 10/20/2004 BEVERLY, JOSEPH ...... CLARKSBURG, WV ...... 10/20/2004 BOEPPLE, JIMMIE ...... COVINGTON, OK ...... 10/20/2004 CAMARILLO, ANNA ...... SANGER, CA ...... 10/20/2004 CHINETTI, STEPHEN ...... SALEM, NH ...... 10/20/2004 DABROWSKI, CHRISTINE ...... GENEVA, NY ...... 10/20/2004 DAVIS, JANETTE ...... MOUNTAIN VIEW, OK ...... 10/20/2004 DULUDE, SHARON ...... RICHMOND, VT ...... 10/20/2004 GOSS, DAVID ...... SHREVEPORT, LA ...... 10/20/2004 HAINES, MARGARET ...... JOHNSTOWN, CO ...... 10/20/2004 HOLT, VERA ...... ALEXANDRIA, LA ...... 10/20/2004 JONES-WALKER, LINDA ...... TUCSON, AZ ...... 10/20/2004 KNIGHT, JESSIE ...... BALTIMORE, MD ...... 10/20/2004 MACABIO, JERRY ...... WAHIAWA, HI ...... 10/20/2004 MARTIN, RAYMOND ...... LUBBOCK, TX ...... 10/20/2004 MURPHY, MELONIE ...... LAWTON, OK ...... 10/20/2004 NGUYEN, VINH ...... CANON CITY, CO ...... 10/20/2004

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Subject name Address Effective date

SHUMWAY-HICKS, ELECTA ...... ALBANY, NY ...... 10/20/2004 STIEFER, STEVEN ...... MIDWAY, WV ...... 10/20/2004 WILLIS, KIM ...... BEATTYVILLE, KY ...... 10/20/2004 WOODARD, DALE ...... BALTIMORE, MD ...... 10/20/2004

Conviction for Health Care Fraud

DORR, ANGELA ...... SEASPORT, ME ...... 10/20/2004 MCKENZIE, MELODY ...... LAWRENCE, KS ...... 10/20/2004 MEMEL, STEPHANIE ...... FAIRFIELD CENTER, ME ...... 10/20/2004

License Revocation/Suspension/Surrendered

ABSHER, DONNA ...... KINGSPORT, TN ...... 10/20/2004 ABUELKHAIR, AYDA ...... LOS ANGELES, CA ...... 10/20/2004 ADAMS, MICHAEL ...... LAS VEGAS, NV ...... 10/20/2004 ALBAT, DAVID ...... SPRING HILL, FL ...... 10/20/2004 ALVIS, SHERYL ...... SHELBYVILLE, IN ...... 10/20/2004 BACAYO, LUIS ...... STREATOR, IL ...... 10/20/2004 BALL, MARIVIC ...... FREDERICKSBURG, VA ...... 10/20/2004 BARANCZYK, TERRI ...... LANCASTER, CA ...... 10/20/2004 BARDASH, JOHN ...... COLUMBIA, MO ...... 10/20/2004 BARRIOS, KATHY ...... WEATHERFORD, OK ...... 10/20/2004 BEAVER, JANE ...... PORTAGE, WI ...... 10/20/2004 BECERRA, DIANA ...... LYTLE, TX ...... 10/20/2004 BEDIC, OLIVERA ...... LIC, NY ...... 10/20/2004 BERSHATSKY, DEBORAH ...... NEW YORK, NY ...... 10/20/2004 BESSETTE, NICHOLE ...... BRANDENTON, FL ...... 10/20/2004 BIGGS, DEANA ...... RIVERSIDE, CA ...... 10/20/2004 BLACK, HOWARD ...... LONG BEACH, CA ...... 10/20/2004 BLAKE, CYNTHIA ...... LAS VEGAS, NV ...... 10/20/2004 BLODGETT, MICHAEL ...... FT LAUDERDALE, FL ...... 10/20/2004 BROWN, ALDENA ...... PARK CITY, UT ...... 10/20/2004 BRYAN, HUGH ...... CLIFTON PARK, NY ...... 10/20/2004 BRYAN, JOYCE ...... FRAZER, PA ...... 10/20/2004 BUSKEY, SARA ...... NEWPORT, VT ...... 10/20/2004 BUTSCHLE, KELLY ...... MOON TOWNSHIP, PA ...... 10/20/2004 BYRNE, PATRICIA ...... BOMOSEEN, VT ...... 10/20/2004 CABEEN, BETTY W ...... FRANKFORT, IL ...... 10/20/2004 CAPUANO, NANCY ...... FORT WORTH, TX ...... 10/20/2004 CARPER, JENNIFER ...... BENBROOK, TX ...... 10/20/2004 CARROLL, SHANNON ...... WEST WARWICK, RI ...... 10/20/2004 CASAVANT, GERALD ...... HOOSICK, NY ...... 10/20/2004 CATLIN-LONG, MARSHA ...... OAK RIDGE, TN ...... 10/20/2004 CLAY, SANDRA ...... HUMMELSTOWN, PA ...... 10/20/2004 CLEGGETT-LUCAS, JACQUELINE ...... NEW ORLEANS, LA ...... 10/20/2004 COLON, GREGORIA ...... MODESTO, CA ...... 10/20/2004 COLWELL, JAMES ...... PITTSBURGH, PA ...... 10/20/2004 COOPER, MARY ...... GORHAM, ME ...... 10/20/2004 COTE, JILL ...... WATERBORO, ME ...... 10/20/2004 CREASY, SUZAN ...... THAXTON, VA ...... 10/20/2004 CRONK, JOHN ...... HEATH, TX ...... 10/20/2004 CROSBY, LAURA ...... ADAMS, MA ...... 10/20/2004 CROSSLEY, DEBORAH ...... STOWE, VT ...... 10/20/2004 CULBREATH, SONG ...... AURORA, CO ...... 10/20/2004 DARTEZ, SUZANNA ...... ARNAUDVILLE, LA ...... 10/20/2004 DAVIDSON, MILDRED ...... CHESAPEAKE, VA ...... 10/20/2004 DAVIS, VIRGILIA ...... SANTA CLARA, CA ...... 10/20/2004 DAYTON, NANCY ...... CHANDLER, AZ ...... 10/20/2004 DENSON, YOLANDA ...... PROVIDENCE, RI ...... 10/20/2004 DEROUEN, JASON ...... MONROE, LA ...... 10/20/2004 DESTRY, DIANA ...... BILOXI, MS ...... 10/20/2004 DIEL, JONATHAN ...... AZUSA, CA ...... 10/20/2004 DIETZ, STERLING ...... RICHMOND, TX ...... 10/20/2004 DOLEZAL, BRENDA ...... STERLING, CO ...... 10/20/2004 DOTSON, JENNIFER ...... LAKE JACKSON, TX ...... 10/20/2004 DOYLE, JUDITH ...... MORRISTOWN, NJ ...... 10/20/2004 DRAKE, DARREN ...... CHICAGO, IL ...... 10/20/2004 DUTTON, GLENN ...... RIVERTON, UT ...... 10/20/2004 ELLIS, MICHELLE ...... BLOOMINGTON, IN ...... 10/20/2004 ELLSWORTH, STEVEN ...... FACTORYVILLE, PA ...... 10/20/2004 ELSAYID, HUMDY ...... ROWLAND HEIGHTS, CA ...... 10/20/2004 ENGLAND, RENEE ...... PHILLIPPI, WV ...... 10/20/2004 FONDAKOWSKI, DORENE ...... EAST ARLINGTON, VT ...... 10/20/2004

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Subject name Address Effective date

FORSLEY-PLATA, ELIZABETH ...... PORTLAND, ME ...... 10/20/2004 FORTIN, JACQUELINE ...... BENTON, AR ...... 10/20/2004 FOSTER, JANIS ...... JONESBORO, AR ...... 10/20/2004 FRECKLETON, DIANA ...... BRATTLEBORO, VT ...... 10/20/2004 GALLAWA, HEATHER ...... SACRAMENTO, CA ...... 10/20/2004 GARDINER, ED ...... OGDEN, UT ...... 10/20/2004 GAZAILLE, DAVID ...... EDGARTOWN, MA ...... 10/20/2004 GEARY, DOLLIE ...... GEORGETOWN, IN ...... 10/20/2004 GILL, SHARON ...... ENUMCLAW, WA ...... 10/20/2004 GILLIS, SARA ...... FRAMINGHAM, MA ...... 10/20/2004 GIVENS, MARY ...... NORRIS CITY, IL ...... 10/20/2004 GOMEZ, MARTHA ...... LAKEWOOD, CA ...... 10/20/2004 GONZALEZ, AMPARO ...... GONZALES, CA ...... 10/20/2004 GOODIN, BRIAN ...... NORMAL, IL ...... 10/20/2004 GORDON, CURTIS ...... TEMPLE, TX ...... 10/20/2004 GORSKI, JAMES ...... LINDENHURST, IL ...... 10/20/2004 GOSCH, DEBORA ...... FULTON, NY ...... 10/20/2004 GUBATON, LEA ...... MORENO VALLEY, CA ...... 10/20/2004 GUILBEAU, DANA ...... SIMMESPORT, LA ...... 10/20/2004 HAIDEN, JOSEPH ...... NEWBURGH, ME ...... 10/20/2004 HAIRSTON, PAMELA ...... BOSSIER CITY, LA ...... 10/20/2004 HANSEN, SAMANTHA ...... MANTI, UT ...... 10/20/2004 HARRIS, JENNIFER ...... LITTLETON, CO ...... 10/20/2004 HART, WILLIAM ...... KENNER, LA ...... 10/20/2004 HARVEY, SHARON ...... METHUEN, MA ...... 10/20/2004 HATHAWAY, ADRIENNE ...... PITTSFORD, VT ...... 10/20/2004 HEATH, WILLIAM ...... NEWPORT NEWS, VA ...... 10/20/2004 HENNE, LISA ...... OLNEY, IL ...... 10/20/2004 HICE, PHILIP ...... WINTHROP HARBOR, IL ...... 10/20/2004 HOBBS, JANET ...... WINCHESTER, KY ...... 10/20/2004 HORNE, CARRIE ...... VAN BUREN, AR ...... 10/20/2004 HOUCK, HENRY ...... CLINTON, NY ...... 10/20/2004 HOWARD, PAMELA ...... RUTLAND, VT ...... 10/20/2004 HOWLEY, KATHLEEN ...... BENNINGTON, VT ...... 10/20/2004 HUCH, STEVEN ...... SAN DIEGO, CA ...... 10/20/2004 HUNTSMAN, KEITH ...... SALT LAKE CITY, UT ...... 10/20/2004 IRVING, DECLAN ...... CHESAPEAKE, VA ...... 10/20/2004 JASKIEWICZ, RICHARD ...... TUCSON, AZ ...... 10/20/2004 JAVED, TAHIR ...... OMAHA, NE ...... 10/20/2004 JEFFRIES, JILL ...... ARVADA, CO ...... 10/20/2004 JOHNS, KENNETH ...... MESA, AZ ...... 10/20/2004 JOHNSON, DEBERA ...... JONESBORO, GA ...... 10/20/2004 JOHNSON, ERIC ...... DAYTON, ME ...... 10/20/2004 JOHNSON, PAMELA ...... SAN JOSE, CA ...... 10/20/2004 JOLIVETTE, JOSEPH ...... WICHITA, KS ...... 10/20/2004 JONES, CAROL ...... MESA, AZ ...... 10/20/2004 JORDAN, SHEILA ...... HENDERSON, NV ...... 10/20/2004 JULIANO, CAROLINA ...... VILLA PARK, IL ...... 10/20/2004 KENNEDY, ELIZABETH ...... SPRINGFIELD, MA ...... 10/20/2004 KIESSLING, LINDA ...... W ROXBURY, MA ...... 10/20/2004 KING, DAVID ...... CALUMET CITY, IL ...... 10/20/2004 KING, HEIDI ...... E ARLINGTON, VT ...... 10/20/2004 KRAFT, GEORGE ...... NEW ALBANY, IN ...... 10/20/2004 LANDOLT, ETHEL ...... SHUBENACKIE, NS ...... 10/20/2004 LAPLANT, STEVEN ...... EAST MIDDLEBURY, VT ...... 10/20/2004 LENZY, ALICE ...... CANTON, OH ...... 10/20/2004 LEONARD, GREGORY ...... SPRINGFIELD, MO ...... 10/20/2004 LOVATO, BRENDA ...... OKLAHOMA CITY, OK ...... 10/20/2004 LOVELESS, LAUREN ...... LITTLE ROCK, AR ...... 10/20/2004 LUCKETT, ALTON ...... SAN ANTONIO, TX ...... 10/20/2004 LUNDY, SUSAN ...... COLCHESTER, VT ...... 10/20/2004 LYNCH, JOHN ...... IONE, CA ...... 10/20/2004 MACABABBAD, IMELDA ...... FONTANA, CA ...... 10/20/2004 MALDONADO, LIZABETH ...... OXNARD, CA ...... 10/20/2004 MARSHALL, TAMMY ...... VICTORVILLE, CA ...... 10/20/2004 MARTZ, CHRISTINE ...... SCOTTSDALE, AZ ...... 10/20/2004 MATHIS, JOHN ...... ARLINGTON, TX ...... 10/20/2004 MCCANN, JAMES ...... SPRING, TX ...... 10/20/2004 MCCOY, CHARLES ...... PITTSBURGH, PA ...... 10/20/2004 MCDONALD, NANCY ...... BOMOSEEN, VT ...... 10/20/2004 MCGEE, MAURICE ...... INDIANAPOLIS, IN ...... 10/20/2004 MCGINNIS, PRUDENCE ...... LEWISVILLE, TX ...... 10/20/2004 MCGRAW, DUANE ...... ROUNDLAKE, NY ...... 10/20/2004 MCQUEARY, JACQUELINE ...... COLUMBUS, IN ...... 10/20/2004

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Subject name Address Effective date

MEASE, VICKY ...... CHATHAM, VA ...... 10/20/2004 MENDONCA, DOMINGAS ...... N PROVIDENCE, RI ...... 10/20/2004 MENDOZA, CATALINA ...... RIVERSIDE, CA ...... 10/20/2004 MEYER, AUDRA ...... BOISE, ID ...... 10/20/2004 MIANO, ELIZABETH ...... LA PLACE, LA ...... 10/20/2004 MILANA, MATHELMA ...... SAN DIEGO, CA ...... 10/20/2004 MILLER, DAYNA ...... FLORENCE, TX ...... 10/20/2004 MILLER, GEORGE ...... PHOENIX, AZ ...... 10/20/2004 MILLER, JON ...... DECATUR, IL ...... 10/20/2004 MOLMEN, LAYNE ...... PHILADELPHIA, PA ...... 10/20/2004 MOPPIN, SHANETA ...... PHOENIX, AZ ...... 10/20/2004 MORMAN, PEGGY ...... OTTAWA, OH ...... 10/20/2004 MORRIS, RICKY ...... BRAINTREE, VT ...... 10/20/2004 MOULTON, RONALD ...... BOISE, ID ...... 10/20/2004 MUELLER, ANNEMARIE ...... ALEXANDRIA, VA ...... 10/20/2004 MUNN, NATHAN ...... HELENA, MT ...... 10/20/2004 MURPHY, JAMES ...... HENDERSON, NV ...... 10/20/2004 MURPHY, MARGARET ...... MIDDLEBORO, MA ...... 10/20/2004 NAGEL, KIM ...... LITTLETON, CO ...... 10/20/2004 NAGLE, MICHAEL ...... NORTHFIELD FALLS, VT ...... 10/20/2004 NEALY, THERON ...... DENVER, CO ...... 10/20/2004 NEGRON, MARIA ...... NORTH CHICAGO, IL ...... 10/20/2004 NEPOMUCENO, CRISTINA ...... SAN DIEGO, CA ...... 10/20/2004 NERCESSIAN, MARK ...... HAMBURG, NY ...... 10/20/2004 OLSEN, ANN ...... SPRING CREEK, NV ...... 10/20/2004 PAREDES, LIZETTE ...... AZUSA, CA ...... 10/20/2004 PATENAUDE, DEBRA ...... CROWN POINT, NY ...... 10/20/2004 PATTERSON, MARY ...... SNOOK, TX ...... 10/20/2004 PERSHALL, LYDIA ...... RENO, NV ...... 10/20/2004 PETERS, DARA ...... RENO, NV ...... 10/20/2004 PETSCH, REGINA ...... ERIE, PA ...... 10/20/2004 PIPER, HEATHER ...... WHITING, VT ...... 10/20/2004 POINTER, ANTHONY ...... FORT COLLINS, CO ...... 10/20/2004 PRESTON, DEBRA ...... MACON, GA ...... 10/20/2004 PROUTY, SHAUN ...... NORTH POWNAL, VT ...... 10/20/2004 RAMIREZ, MARGARET ...... ANTIOCH, CA ...... 10/20/2004 RAMSEY, JAMES ...... LAGUNA HILLS, CA ...... 10/20/2004 RANDALL, TERESA ...... WILLS POINT, TX ...... 10/20/2004 RAPHLAH, RAPHAEL ...... INDIANAPOLIS, IN ...... 10/20/2004 RATANAPROEK, CHANTIMA ...... CHESTERTON, IN ...... 10/20/2004 RAWLINSON, LISA ...... WINNFIELD, LA ...... 10/20/2004 RENNER, HELEN ...... CONVERSE, TX ...... 10/20/2004 RICHARDSON, PAMELA ...... MARINA, CA ...... 10/20/2004 RIDENOUR, DIANA ...... PITTSFIELD, MA ...... 10/20/2004 RIDGEWAY, DEANA ...... PADUCAH, KY ...... 10/20/2004 RITZ, SUSAN ...... LITTLETON, CO ...... 10/20/2004 ROBERTSON, APRIL ...... GROVE CITY, PA ...... 10/20/2004 ROGERS, SKIP ...... UPPER DARBY, PA ...... 10/20/2004 ROLAND-STUDENY, BETH ...... MANASSAS PARK, VA ...... 10/20/2004 ROSOV, HOWARD ...... ARNOLD, MD ...... 10/20/2004 ROSS, SUZANNE ...... NEWPORT NEWS, VA ...... 10/20/2004 ROUND, ANDREA ...... CATHEDRAL CITY, CA ...... 10/20/2004 RUSSO, DOUGLAS ...... ARVADA, CO ...... 10/20/2004 SAINT-ERNE, PHILIP ...... KENAI, AK ...... 10/20/2004 SAMILA, FRANK ...... AURORA, CO ...... 10/20/2004 SAWTELLE, PAULA ...... LUBEC, ME ...... 10/20/2004 SAYLES, ARNETTA ...... RICHMOND, VA ...... 10/20/2004 SCHMIDT, BOYD ...... DELTA, CO ...... 10/20/2004 SCHROEDER, JILL ...... STATELINE, NV ...... 10/20/2004 SCOTT, CAROLYN ...... LANCASTER, CA ...... 10/20/2004 SELDON, PELMA ...... EL CERRITO, CA ...... 10/20/2004 SHELLEY, COLLEEN ...... COSTA MESA, CA ...... 10/20/2004 SHOCKEY, SHERI ...... MEMPHIS, TN ...... 10/20/2004 SIMMONS, SHANNON ...... EVANSVILLE, IN ...... 10/20/2004 SKINNER, KAREN ...... PHOENIX, AZ ...... 10/20/2004 SMITH-HUNT, TAMMY ...... TAMPA, FL ...... 10/20/2004 SMITH-VANIZ, ALLISON ...... LA JOLLA, CA ...... 10/20/2004 SNYDER, BETH ...... BLASDELL, NY ...... 10/20/2004 SODDY, CHRISTINA ...... SALIDA, CO ...... 10/20/2004 SOKOLOWSKI, TARA ...... TUNKHANNOCK, PA ...... 10/20/2004 SOLIS, MICHAEL ...... LAS VEGAS, NV ...... 10/20/2004 SOLLNERSAWYER, LISA ...... OLD ORCHARD BEACH, ME ...... 10/20/2004 SOMMER, DOUGLAS ...... EVERETT, WA ...... 10/20/2004 SOWARD, LAUREN ...... LANCASTER, CA ...... 10/20/2004

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Subject name Address Effective date

SPARKMAN, DAVID ...... OLYMPIA, WA ...... 10/20/2004 SPRONG, KATHERINE ...... SCOTTSDALE, AZ ...... 10/20/2004 STARCHER, VONNIE ...... WESTMINISTER, CO ...... 10/20/2004 STEELE, SANDRA ...... OVERLAND PARK, KS ...... 10/20/2004 SUSCA, LORA ...... HENDERSON, NV ...... 10/20/2004 THOMPSON, RICHARD ...... LAS VEGAS, NV ...... 10/20/2004 THOMSEN, PHILLIP ...... MESA, AZ ...... 10/20/2004 THORUM, TROY ...... CYPRESS, TX ...... 10/20/2004 TILLER, BONNIE ...... TAMPA, FL ...... 10/20/2004 TIMMS, DONNA ...... SACRAMENTO, CA ...... 10/20/2004 TORRANCE, MELISSA ...... WEST NEWTOWN, PA ...... 10/20/2004 TUCKER, KATHERINE ...... PRESCOTT, AZ ...... 10/20/2004 TURNER, ANDREW ...... WATERBURY CENTER, VT ...... 10/20/2004 TUTTLE, EARL ...... HUNTSVILLE, TX ...... 10/20/2004 ULANSKAS, MARIA ...... HEDNERSON, NV ...... 10/20/2004 VIVEKAPHIRAT, VISUIT ...... NORTHFIELD, IL ...... 10/20/2004 WADE, BARBARA ...... INDIANAPOLIS, IN ...... 10/20/2004 WAGES, JEFF ...... EL PASO, TX ...... 10/20/2004 WALLER, JEFFREY ...... SPRINGFIELD, VT ...... 10/20/2004 WEST, ELIZABETH ...... CROWN POINT, IN ...... 10/20/2004 WHITEROCK, ANNA ...... EVERGREEN, CO ...... 10/20/2004 WILLIAMS, BARBARA ...... WATERBURY, VT ...... 10/20/2004 WILLIAMS, GREGORY ...... CLEVELAND, OH ...... 10/20/2004 WILLIAMSON, JAMES ...... GREENVILLE, NC ...... 10/20/2004 WILSON, ELIZABETH ...... ZEPHYR COVE, NV ...... 10/20/2004 WILSON, SHEILA ...... MAMMOTH, PA ...... 10/20/2004 WINSTON, CLINTON ...... CONCORD, MA ...... 10/20/2004 YEUTSY, MARY ...... CEDAR RAPIDS, IA ...... 10/20/2004 ZEDD, ARNOLD ...... ALEXANDRIA, VA ...... 10/20/2004 ZINGERY, LEWIS ...... AUSTIN, TX ...... 10/20/2004

Fraud/Kickbacks/Prohibited Acts/Settlement Agreements

ZHITLOVSKY, GERMAN ...... LENEXA, KS ...... 12/18/2003

Owned/Controlled by Convicted Entities

AESTHETIC & VEIN INSTITUTE, INC ...... LAKEWOOD, CO ...... 10/20/2004 AFFORDABLE CHIROPRACTIC, INC ...... N OLMSTEAD, OH ...... 10/20/2004 BLAKE G SINCLAIR, D D S, P A ...... TYLER, TX ...... 10/20/2004 CHRIS-JEN HEALTHCARE, INC ...... N OLMSTEAD, OH ...... 10/20/2004 COSTA MESA CHIROPRACTIC CLINIC ...... GLENDALE, CA ...... 10/20/2004 CROSS HEALTHCARE, INC ...... N OLMSTEAD, OH ...... 10/20/2004 DOVE HEALTHCARE, INC ...... N OLMSTEAD, OH ...... 10/20/2004 ECB, INC ...... MILWAUKEE, WI ...... 10/20/2004 GARY L SNYDER, DPM, RVT, P C ...... LAKEWOOD, CO ...... 10/20/2004 HAYA MEDICAL GROUP ...... FONTANA, CA ...... 10/20/2004 HEALTH HORIZONS, INC ...... SPRINGERVILLE, AZ ...... 10/20/2004 KONINGH CHIROPRACTIC ...... NEW PORT BEACH, CA ...... 10/20/2004 LAMB HEALTHCARE, INC ...... N OLMSTEAD, OH ...... 10/20/2004 LIFE HEALTHCARE, INC ...... N OLMSTEAD, OH ...... 10/20/2004 MISSION HEARING AID CENTER ...... VISTA, CA ...... 10/20/2004 MISSION HEARING AID CENTER ...... OCEANSIDE, CA ...... 10/20/2004 NORTHCOAST TESTING, INC ...... N OLMSTEAD, OH ...... 10/20/2004 PEOPLE’S CHIROPRACTIC, INC ...... N OLMSTEAD, OH ...... 10/20/2004 PHARM-ASSIST, INC ...... RAIFORD, FL ...... 10/20/2004 PRAISE HEALTHCARE, INC ...... N OLMSTEAD, OH ...... 10/20/2004 TRINITY TRANSPORT AMBULETTE ...... POMEROY, OH ...... 10/20/2004

Default on Heal Loan

AJAYI, ADEYINKA ...... HEMPSTEAD, NY ...... 10/20/2004 MAKER, JAMES ...... OKLAHOMA CITY, OK ...... 8/26/2004

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Dated: October 1, 2004. SAMHSA’s Strategic Prevention meeting, a statement must be received Kathleen Pettit, Framework within States and by the Committee at least ten days prior Acting Director, Exclusions Staff, Office of communities; (5) administers national to the date of the meeting. Inspector General. discretionary grant programs, including DATES: The 28th Customs and Border [FR Doc. 04–22904 Filed 10–12–04; 8:45 am] the Strategic Prevention Framework Protection Airport and Seaport User Fee BILLING CODE 4150–04–P State Incentive Grant (SPFSIG); (6) Federal Advisory Committee meeting administers the Drug-Free Communities will be held on Wednesday, October 27, grant program and Coalition Institute; 2004, at 12 p.m.–4 p.m., in the Customs DEPARTMENT OF HEALTH AND (7) provides technical assistance to International Briefing Conference Room HUMAN SERVICES States and communities directly, (B 1.5–10), Ronald Reagan Building, through support contracts, and the 1300 Pennsylvania Avenue, NW., Substance Abuse and Mental Health Centers for the Application of Washington, DC 20229. Services Administration Prevention Technologies; (8) engages in FOR FURTHER INFORMATION CONTACT: and promotes interagency collaboration Roberto Williams, Office of Finance, Statement of Organization, Functions, with both the public and private sectors and Delegations of Authority Room 4.5A, 1300 Pennsylvania Avenue, at the Federal, State and local levels; (9) Washington, DC 20229, telephone: (202) Part M of the Substance Abuse and develops and integrates needs 344–1101; email: Mental Health Services Administration assessment and management [email protected]. (SAMHSA) Statement of Organization, information system data into State and SUPPLEMENTARY INFORMATION: Functions, and Delegations of Authority community prevention systems for the for the Department of Health and improvement of planning efforts in Background Human Services at 68 FR 67461–67463, substance abuse prevention; (10) The Airport and Seaport User Fee December 2, 2003, is amended to reflect administers the Synar regulations Advisory Committee was created under the new functional statement for the governing youth access to tobacco the authority of 8 U.S.C. 1356(k) Center for Substance Abuse Prevention products; and (11) develops guidelines (section 286(k) of the Immigration and (MP), Division of State and Community for state-of-the-art prevention programs Nationality Act, as amended; see also Systems Development (DSCSD). This and systems while conducting quality the Federal Advisory Committee Act (5 amendment reflects changes to the assurance activities, such as the block U.S.C.A. App. section 2)) to meet Division title and structure within the grant performance, as well as scientific periodically and advise the Attorney Center. These structural changes will analysis of various programs, proposals General on issues related to the promote effective and efficient and products. performance of certain inspectional Section M.40, Delegations of management of all its programs, services performed by the Immigration Authority. All delegations and including its new responsibility for and Naturalization Service (INS). Since administering the Drug-Free redelegations of authority to officers and the legacy INS inspection component Communities grant program and employees of SAMHSA which were in has been merged with the U.S. Customs Coalition Institute. The changes are as effect immediately prior to the effective Service (along with other agencies) to follows: date of this reorganization shall form the Bureau of Customs and Border Section M.20, Functions is amended continue in effect pending further Protection (CBP), effective on March 1, as follows: redelegations, providing they are 2003, the function of the Committee is (A) The functional statement for the consistent with the reorganization. Center for Substance Abuse Prevention now under CBP and the Committee now These organizational changes are effective advises the Secretary of Homeland (MP), Division of State and Community October 6, 2004. Systems Development (DSCSD) is Security. Charles G. Curie, replaced with the following: The Committee consists of Administrator. representatives of the airline and other Division of State and Community [FR Doc. 04–22921 Filed 10–12–04; 8:45 am] transportation industries that are subject Assistance (MPG) BILLING CODE 4160–01–P to fees and charges authorized by law or The Division of State and Community proposed by the governing agency Assistance (DSCA) is responsible for (either INS prior to March 1, 2003, or carrying out the Center’s responsibilities DEPARTMENT OF HOMELAND CBP afterward). The responsibility of related to development of capacity for SECURITY this standing Advisory Committee is to States and communities to provide and advise on issues related to the implement effective substance abuse Bureau of Customs and Border performance of Airport and Seaport prevention. As such the Division (1) Protection agriculture, customs, and immigration promotes and establishes inspection services. This advice should comprehensive, long-term State and Public Meeting of the Airport and include, but need not be limited to, the community alcohol, tobacco, and other Seaport User Fee Advisory Committee time period in which such services drug abuse prevention/intervention AGENCY: Customs and Border Protection, should be performed, the proper policies, programs, practices, and Department of Homeland Security. number and deployment of inspection support activities; (2) plans, develops ACTION: Notice of meeting. officers, the level of fees, and the and administers nationwide programs to appropriateness of any proposed fee. enhance comprehensive and effective SUMMARY: This document announces the These responsibilities are related to the State and community substance abuse date, time, and location for a public assessment of an immigration user fee prevention systems, drug prevention meeting of the Airport and Seaport User pursuant to 8 U.S.C. 1356(d), the coalitions and related health promotion Fee Federal Advisory Committee and assessment of a customs inspection user systems; (3) administers the prevention the agenda for consideration by the fee pursuant to 19 U.S.C. 58c(a)(5), and set-aside of the Substance Abuse Committee. It also invites submission of the assessment of an agriculture Prevention and Treatment (SAPT) block written statements. In order to be inspection user fee pursuant to 21 U.S.C grant; (4) monitors the application of considered for discussion at the 136a.

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Public Meeting DEPARTMENT OF HOUSING AND This Notice also lists the following URBAN DEVELOPMENT information: In accordance with 8 U.S.C. 1356(k), Title of Proposal: Request for CBP announces that the 28th meeting of [Docket No. FR–4907–N–32] Prepayment of Direct Loans on sec 202 the Airport and Seaport User Fee & 202/8 Projects. Advisory Committee will take place at Notice of Proposed Information OMB Control Number, if applicable: 12 p.m. on October 27, 2004, at the Collection; Comment Request; 2502–0554. Customs International Briefing Request for Prepayment of Direct Description of the need for the Conference Room (B 1.5–10), Ronald Loans on Sec 202 & 202/8 Projects information and proposed use: Request Reagan Building, 1300 Pennsylvania AGENCY: Office of the Assistant from owner to prepay a multifamily Avenue, NW., Washington, DC 20229. Secretary for Housing—Federal Housing housing project mortgage financed The purpose of this meeting is to Commissioner, HUD under sec. 202 with inclusion of FHA insurance guidelines. perform the Committee’s advisory ACTION: Notice. responsibilities pursuant to the Federal Agency form numbers, if applicable: Advisory Committee Act (Pub. L. 92– SUMMARY: The proposed information 9808. 463, 5 U.S.C., App.). The meeting is collection requirement described below Estimation of the total numbers of open to the public and advance notice will be submitted to the Office of hours needed to prepare the information collection including number of of attendance is requested to ensure Management and Budget (OMB) for respondents, frequency of response, and adequate seating. Persons planning to review, as required by the Paperwork Reduction Act. The Department is hours of response: The estimated attend should notify the contact person number of burden hours needed to identified previously in this notice at soliciting public comments on the subject proposal. prepare the information collection is least ten days prior to the meeting, in 300 the number of respondents is 150 DATES: order to be included on the list of those Comments Due Date: December generating approximately 150 annual cleared for admittance. Members of the 13, 2004. responses; the frequency of response is public may submit written statements at ADDRESSES: Interested persons are on occasion; and the estimated time any time before or after the meeting to invited to submit comments regarding needed to prepare the response is 2 the contact person for consideration by this proposal. Comments should refer to hours. this Advisory Committee. Only written the proposal by name and/or OMB Status of the proposed information statements received by the contact Control Number and should be sent to: collection: Extension of a currently person at least ten days prior to the Wayne Eddins, Reports Management approved collection. meeting will be considered for Officer, Department of Housing and discussion at the meeting. A transcript Urban Development 451 7th Street, SW., Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., chapter 35, as amended. of the meeting will be made available L’Enfant Plaza Building, Room 8003, Washington, DC 20410 or online for public viewing about two Dated: October 5, 2004. [email protected]. weeks following the meeting. Sean G. Cassidy, FOR FURTHER INFORMATION CONTACT: Meeting Agenda General Deputy Assistant Secretary for Kimberly Munson, Housing Project Housing, Deputy Federal Housing The Advisory Committee focuses its Manager, @ 202–708–1320 ext 5122 (this Commissioner. attention on those areas of most concern is not a toll free number) for copies of [FR Doc. 04–22906 Filed 10–12–04; 8:45 am] and benefit to the travel industry, the the proposed forms and other available BILLING CODE 4210–27–M traveling public, and the Federal information. Government. At this meeting, the SUPPLEMENTARY INFORMATION: The Committee is expected to pursue the Department is submitting the proposed DEPARTMENT OF HOUSING AND following agenda (which may be information collection to OMB for URBAN DEVELOPMENT modified prior to the meeting): review, as required by the Paperwork [Docket No. FR–4908–N–02] Reduction Act of 1995 (44 U.S.C. 1. Introduction of the Committee chapter 35, as amended). Notice of Proposed Information members; This Notice is soliciting comments Collection: Healthy Homes and Lead 2. Discussion of activities since last from members of the public and affected Hazard Control Programs meeting; agencies concerning the proposed AGENCY: Office of Healthy Homes and 3. Discussion of administrative issues; collection of information to: (1) Evaluate whether the proposed collection is Lead Hazard Control, HUD. 4. Discussion of future traffic trends; necessary for the proper performance of ACTION: Notice. 5. Discussion of specific concerns and the functions of the agency, including SUMMARY: The proposed information questions of Committee members; whether the information will have collection requirement described below 6. Discussion of relevant written practical utility; (2) Evaluate the accuracy of the agency’s estimate of the will be submitted to the Office of statements submitted in advance by burden of the proposed collection of Management and Budget (OMB) for members of the public; information; (3) Enhance the quality, review, as required by the Paperwork 7. Scheduling of next meeting. utility, and clarity of the information to Reduction Act. The Department is be collected; and (4) Minimize the soliciting public comments on the Dated: October 7, 2004. subject proposal. Richard L. Balaban, burden of the collection of information on those who are to respond; including DATES: Comments Due Date: December Assistant Commissioner, Office of Finance. the use of appropriate automated 13, 2004. [FR Doc. 04–22911 Filed 10–12–04; 8:45 am] collection techniques or other forms of ADDRESSES: Interested persons are BILLING CODE 4820–02–P information technology, e.g., permitting invited to submit comments regarding electronic submission of responses. this proposal. Comments should refer to

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the proposal by name and/or OMB proposed collection of information to: collection is required in conjunction Control Number and should be sent to: (1) Evaluate whether the proposed with the issuance of Notices of Funding Gail Ward, Reports Liaison Officer, collection of information is necessary Availability announcing the availability Department of Housing and Urban for the proper performance of the of approximately $150,000,000 for Development, 451 7th Street, SW., functions of the agency, including Healthy Homes and Lead Hazard Room P–3206, Washington, DC 20410. whether the information will have Control Programs which are authorized FOR FURTHER INFORMATION CONTACT: practical utility; (2) evaluate the under Title X of the Housing and Wayne Eddins, Reports Management accuracy of the agency’s estimate of the Community Development Act of 1992, Officer, Q, Department of Housing and burden of the proposed collection of Pub. L. 102–550, section 1011, 42 U.S.C. Urban Development, 451 Seventh Street, information; (3) enhance the quality, 4852; the Housing and Urban Southwest, Washington, DC 20410; utility, and clarity of the information to Development Act of 1970, sections 501 (202) 708–2374 (this is not a toll-free be collected; and (4) minimize the and 502, 12 U.S.C. 1701z–1 and 1701z– number). Hearing-or-speech-impaired burden of the collection of information 2; and other legislation. persons may access the number above on those who are to respond; including via TTY by calling the toll-free Federal through the use of appropriate Agency Form Numbers: HUD 96008, Information Relay Service at 1–800– automated collection techniques or HUD 96009, and the standard grant 877–8339. other forms of information technology, application forms: HUD 96010, SF 424, SUPPLEMENTARY INFORMATION: The e.g., permitting electronic submission of HUD 424B, HUD 424C, HUD 424CBW, Department will submit the proposed responses. HUD 27061, HUD 2880, HUD 2990, information collection to OMB for This Notice also lists the following HUD 2991, HUD 2993, HUD 2994, SF review, as required by the Paperwork information: LLL, SF 1199A, HUD 27054. Reduction Act of 1995 (44 U.S.C. Title of Proposal: Healthy Homes and Members of Affected Public: Potential Chapter 35, as amended). Lead Hazard Control Programs. applicants include State, tribal, local This Notice is soliciting comments OMB Control Number: 2539–0015. governments, not-for-profit institutions from members of the public and Need For the Information and and for-profit firms located in the U.S. affecting agencies concerning the Proposed Use: This information

TOTAL BURDEN ESTIMATE [First year]

Number of Frequency of Hours per Burden Task respondents responses response hours

Application Development ...... 250 1 80 20,000 Award of Grant ...... 80 1 16 1,280

Total Burden Hours: 21,280. DEPARTMENT OF HOUSING AND the proposal by name and/or OMB Status of the Proposed Information URBAN DEVELOPMENT approval Number (2502–0527) and should be sent to: HUD Desk Officer, Collection: Revision. [Docket No. FR–4903-N–79] Office of Management and Budget, New Additional Information: The Notice of Submission of Proposed Executive Office Building, Washington, obligation to respond to this information Information Collection to OMB; DC 20503; fax: 202–395–6974. collection is mandatory. Due to the Rehabilitation Mortgage Insurance FOR FURTHER INFORMATION CONTACT: improvements and simplification made Underwriting Program Section 203 (K) Wayne Eddins, Reports Management to the reporting process, we expect the Officer, AYO, Department of Housing actual total burden hours to be AGENCY: Office of the Chief Information and Urban Development, 451 Seventh substantially less than the estimated Officer. Street, SW., Washington, DC 20410; e- total burden hours. ACTION: Corrected notice. mail [email protected] or Lillian _ _ Authority: Section 3506 of the Paperwork SUMMARY: The proposed information Deitzer at Lillian L [email protected] or Reduction Act of 1995, 44 U.S.C. Chapter 35, collection requirement described below telephone (202) 708–2374. This is not a as amended. has been submitted to the Office of toll-free number. Copies of available documents submitted to OMB may be Dated: October 6, 2004. Management and Budget (OMB) for obtained from Mr. Eddins or Ms. Deitzer Joseph F. Smith, review, as required by the Paperwork Reduction Act. The Department is and at HUD’s Web site at http:// Deputy Director, Office of Healthy Homes and soliciting public comments on the www5.hud.gov:63001/po/i/icbts/ Lead Hazard Control. subject proposal. collectionsearch.cfm. [FR Doc. 04–22965 Filed 10–12–04; 8:45 am] HUD has submitted this request for SUPPLEMENTARY INFORMATION: This BILLING CODE 4710–70–M reinstatement of an information Notice informs the public that the U.S. collection for the application, Department of Housing and Urban qualification, and certification processes Development (HUD) has submitted to for participants in the Rehabilitation OMB a request for approval of the Mortgage Insurance program. information collection described below. DATES: Comments Due Date: November This Notice is soliciting comments from 12, 2004. members of the public and affecting ADDRESSES: Interested persons are agencies concerning the proposed invited to submit comments regarding collection of information to: (1) Evaluate this proposal. Comments should refer to whether the proposed collection of

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information is necessary for the proper appropriate automated collection Description of the Need for the performance of the functions of the techniques or other forms of information Information and its Proposed Use: agency, including whether the technology, e.g., permitting electronic Request for reinstatement of an information will have practical utility; submission of responses. information collection for the (2) evaluate the accuracy of the agency’s This Notice also lists the following application, qualification, and estimate of the burden of the proposed information: certification processes for participants collection of information; (3) enhance Title of Proposal: Rehabilitation in the Rehabilitation Mortgage the quality, utility, and clarity of the Mortgage Insurance Underwriting Insurance program. information to be collected; and (4) Program Section 203 (K). minimize the burden of the collection of OMB Approval Number: 2502–0527. Frequency of Submission: On information on those who are to Form Numbers: HUD–92700, HUD– occasion, quarterly. respond; including through the use of 92700–A, HUD–9746–A.

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

Reporting Burden ...... 3,030 1.7 44 231,000

Total Estimated Burden Hours: SUPPLEMENTARY INFORMATION: The 15- STATUS: Open to the public. 231,000. member Council advises the Secretary MATTERS TO BE CONSIDERED: Status: Reinstatement without change. of the Interior, through the Bureau of 1. Agenda for future meetings: none. Authority: Section 3507 of the Paperwork Land Management, on a variety of 2. Minutes. Reduction Act of 1995, 44 U.S.C. 35, as planning and management issues 3. Ratification List. amended. associated with public land 4. Inv. Nos. 731–TA–776–779 (Review) (Certain Preserved Mushrooms Dated: October 6, 2004. management in Montana. At this meeting, topics to discuss include: From Chile, China, India, and Wayne Eddins, Field Manager Updates. Indonesia)—briefing and vote. (The Departmental Reports Management Officer, The Miles City Field Office Resource Commission is currently scheduled to Office of the Chief Information Officer. Management Plan Updates. transmit its determination and [FR Doc. E4–2594 Filed 10–12–04; 8:45 am] Billings Shooting Area subcommittee Commissioners’ opinions to the BILLING CODE 4210–72–P update. Secretary of Commerce on or before Public Access subcommittee update— October 28, 2004.) and other topics the council may raise. 5. Outstanding action jackets: (1) DEPARTMENT OF THE INTERIOR All meetings are open to the public. Document No. GC–04–114 concerning The public may present written proposed rulemaking and changes in Bureau of Land Management comments to the Council. Each formal Agency procedures. [MT–020–1010–PO] Council meeting will also have time In accordance with Commission allocated for hearing public comments. policy, subject matter listed above, not Notice of Public Meeting, Eastern Depending on the number of persons disposed of at the scheduled meeting, Montana Resource Advisory Council wishing to comment and time available, may be carried over to the agenda of the Meeting the time for individual oral comments following meeting. may be limited. Individuals who plan to Issued: October 7, 2004. AGENCY: Bureau of Land Management, attend and need special assistance, such Interior, Montana, Billings and Miles By order of the Commission. as sign language interpretation, tour City Field Offices. Marilyn R. Abbott, transportation or other reasonable Secretary to the Commission. ACTION: Notice of public meeting. accommodations, should contact the [FR Doc. 04–23013 Filed 10–8–04; 11:10 am] BLM as provided above. SUMMARY: In accordance with the BILLING CODE 7020–02–P Federal Land Policy and Management Dated: October 5, 2004. Act (FLPMA) and the Federal Advisory David McIlnay, Committee Act of 1972 (FACA), the U.S. Field Manager. DEPARTMENT OF JUSTICE Department of the Interior, Bureau of [FR Doc. 04–22905 Filed 10–12–04; 8:45 am] Land Management (BLM) Eastern BILLING CODE 4310–$$–P Antitrust Division Montana Resource Advisory Council (RAC), will meet as indicated below. Notice Pursuant to the National DATES: The meeting will be held Cooperative Research and Production INTERNATIONAL TRADE Act of 1993—Advanced Television November 18, 2004 in Billings, MT COMMISSION beginning at 8 a.m. When determined, Systems Committee, Inc. the meeting place will be announced in Government in the Sunshine Act Notice is hereby given that, on a News Release. The public comment Meeting Notice September 14, 2004, pursuant to Section period will begin at approximately 11 6(a) of the National Cooperative a.m. and the meeting will adjourn at AGENCY HOLDING THE MEETING: Research and Production Act of 1993, approximately 3:30 p.m. International Trade Commission. 15 U.S.C. 4301 et seq. (‘‘the Act’’), FOR FURTHER INFORMATION CONTACT: TIME AND DATE: October 18, 2004 at 11 Advanced Television Systems Mark Jacobsen, Public Affairs Specialist, a.m. Committee, Inc. (‘‘ATSC’’) has filed Miles City Field Office, 111 Garryowen PLACE: Room 101, 500 E Street, SW., written notifications simultaneously Road, Miles City, Montana, 59301. Washington, DC 20436, Telephone: with the Attorney General and the Telephone: (406) 233–2831. (202) 205–2000. Federal Trade Commission disclosing

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(1) the name and principal place of materials. These methods are used in DEPARTMENT OF JUSTICE business of the standards development processing, trading, utilizing, and organization and (2) the nature and evaluating fats, oils and lipid products. Antitrust Division scope of its standards development The scope of the work includes but is activities. The notifications were filed not limited to the following subjects: Notice Pursuant to the National for the purpose of involving the Act’s Vegetable oil source material, oilseeed Cooperative Research and Production provisions limiting the recovery of by-products, commercial fats and oils, Act of 1993—American Water Works antitrust plaintiffs to actural damages soap and synthetic detergents, glycerin, Association under specified circumstances. sulfonated and sulfated oils, soapstocks, Pursuant to Section 6(b) of the Act, specifications for reagents and solvents, Notice is hereby given that, on the name and principal place of and method development procedures. September 16, 2004, pursuant to Section business is: Advanced Television 6(a) of the National Cooperative Systems Committee, Inc., Washington, Dorothy B. Fountain, Research and Production Act of 1993, DC. The nature and scope of ATSC’s Deputy Director of Operations, Antitrust 15 U.S.C. 4301 et seq. (‘‘the Act’’), standards development activities are: Division. American Water Works Association Coordinating television standards [FR Doc. 04–22890 Filed 10–12–04; 8:45 am] (‘‘AWWA’’) has filed written among different communications media, BILLING CODE 4410–11–M notifications simultaneously with the focusing on digital television, Attorney General and the Federal Trade interactive systems and broadband Commission disclosing (1) the name and multimedia communications; DEPARTMENT OF JUSTICE developing digital television principal place of business of the standards development organization implementation strategies; and Antitrust Division presenting educational seminars on the and (2) the nature and scope of its ATSC standards. Notice Pursuant to the National standards development activities. The Cooperative Research and Production notifications were filed for the purpose Dorothy B. Fountain, Act of 1993—American Society of of invoking the Act’s provisions limiting Deputy Director of Operations, Antitrust Mechanical Engineers the recovery of antitrust plaintiffs to Division. actual damages under specified [FR Doc. 04–22889 Filed 10–12–04; 8:45 am] Notice is hereby given that, on circumstances. BILLING CODE 4410–11–M September 15, 2004, pursuant to Section Pursuant to Section 6(b) of the Act, 6(a) of the National Cooperative the name and principal place of Research and Production Act of 1993, DEPARTMENT OF JUSTICE business of the standards development 15 U.S.C. 4301 et seq. (‘‘the Act’’), the organization is: American Water Works Antitrust Division American Society of Mechanical Association, Denver, Co. The nature and Engineers (‘‘ASME’’) has filed written scope of AWWA’s standards Notice Pursuant to the National notifications simultaneously with the development activities are: To develop, Cooperative Research and Production Attorney General and the Federal Trade adopt, and publish voluntary consensus Act of 1993—American Oil Chemists’ Commission disclosing (1) the name and standards that set out the minimum Society principal place of business of the requirements of products or processes standards development organization, Notice is hereby given that, on and (2) the nature and scope of its used in the water profession. AWWA September 14, 2004, pursuant to Section standards development activities. The standards address, where appropriate, 6(a) of the National Cooperative notifications were filed for the purpose procedures of design; characteristics of Research and production Act of 1993, of invoking the Act’s provisions limiting materials, substances, products, 15 U.S.C. 4301 et seq. (‘‘the Act’’), the recovery of antitrust plaintiffs to equipment, systems or services; American Oil Chemists’ Society processes of manufacturing, assembly, (‘‘AOCS’’) has filed written notifications actual damages under specified circumstances. transporting, storage or installation; simultaneously with the Attorney techniques of analysis; testing and Pursuant to Section 6(b) of the Act, General and the Federal Trade inspection methods and requirements; the name and principal place of Commission disclosing (1) the name and parameters of use; and such other principal place of business of the business of the standards development elements essential to provide adequate standards development organization organization is: American Society of reliability, life and usage in the water and (2) the nature and scope of its Mechanical Engineers, New York, NY. profession. AWWA’s voluntary standards development activities. The The nature and scope of ASME’s notifications were filed for the purpose standards development activities are: consensus standards are developed by of invoking the Act’s provisions limiting Activities that address a broad range of AWWA members and other interested the recovery of antitrust plaintiffs to topics related to mechanical engineering parties. actual damages under specified and the operation of conformity Dorothy B. Fountain, assessment, including requirements for circumstances. Deputy Director of Operations, Antitrust Pursuant to Section 6(b) of the Act, safety, health, design, production, Division. the name and principal place of construction, maintenance, performance [FR Doc. 04–22888 Filed 10–12–04; 8:45 am] business of the standards development or operation of equipment, and organization is: American Oil Chemists’ qualification of personnel. BILLING CODE 4410–11–M Society, Champaign, IL. The nature and scope of ACOS’s standards development Dorothy B. Fountain, activities are: The society investigates, Deputy Director of Operations, Antitrust adopts and publishes uniform methods Division. of analysis and recommended practices [FR Doc. 04–22895 Filed 10–12–04; 8:45 am] in the filed of oils, fats and related BILLING CODE 4410–11–M

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DEPARTMENT OF JUSTICE organization and (2) the nature and DEPARTMENT OF JUSTICE scope of its standards development Antitrust Division activities. The notifications were filed Antitrust Division for the purpose of invoking the Act’s Notice Pursuant to the National Notice Pursuant to the National Cooperative Research and Production provisions limiting the recovery of Cooperative Research and Production Act of 1993—NPES the Association for antitrust plaintiffs to actual damages Act of 1993—Engine Manufactures Suppliers of Printing, Publishing and under specified circumstances. Association Converting Technologies Pursuant to Section 6(b) of the Act, Notice is hereby given that, on the names and principal places of Notice is hereby given that, on September 14, 2004, pursuant to Section business of the standards development September 17, 2004, pursuant to Section 6(a) of the National Cooperative 6(a) of the National Cooperative organizations are: Canadian Standards Research and Production Act of 1993, Research and Production Act of 1993, Organization, Toronto, Ontario, 15 U.S.C. 4301 et seq. (‘‘the Act’’), the 15 U.S.C. 4301 et seq. (‘‘the Act’’), NPES CANADA and CSA America, Inc., Engine Manufacturers Association The Association for Suppliers of Cleveland, OH. The nature and scope of (‘‘EMA’’) has filed notifications Printing, Publishing and Converting CSA’s standards development activities simultaneously with the Attorney Technologies (‘‘NPES’’) has filed written are: The development of voluntary General and the Federal Trade notifications simultaneously with the consensus standards using procedures Commission disclosing (1) the name and Attorney General and the Federal Trade that incorporate the attributes of principal place of business of the Commission disclosing (1) the name and openness, balance of interests, due standards development organization principal place of business of the process, an appeals process, and and (2) the nature and scope of its standards development organization consensus. The scope of standards standards development activities. The and (2) the nature and scope of its developed by CSA include standards in notifications were filed for the purpose standards development activities. The the following subject areas: Basic of invoking the Act’s provisions limiting notifications were filed for the purpose Engineering, Building Products, the recovery of antitrust plaintiffs to of invoking the Act’s provisions limiting Building Systems, Concrete, Factory actual damages under specified the recovery of antitrust plaintiffs to Built Buildings and Mobile Homes, circumstances. actual damages under specified Masonry, Plumbing Products and Pursuant to Section 6(b) of the Act, the name and principal place of circumstances. Materials, Structures, Welding and Pursuant to Section 6(b) of the Act, business of the standards development Structural Metals, Wood, Electrical the name and principal place of organization is: Engine Manufacturers business of the standards development Installations, Electrical Consumer and Association, Chicago, IL. The nature and organization is: NPES The Association Commercial Products, Electrical scope of EMA’s standards development for Suppliers of Printing, Publishing and Industrial Products, Electrical Wiring activities are: To develop, establish and Converting Technologies, Reston, VA. Products, Electricity Distribution and coordinate voluntary consensus The nature and scope of NPES’s Transmission Systems, Electrical standards applicable to engine fluids, standards development activities are: Engineering, Electromagnetic which include lubricants, fuels and Coordination of the development of Compatibility, Telecommunications, coolants. As a part of its standards national and international consensus Information Technology, Energy setting activities, EMA develops and safety standards for the printing, Efficiency, Fuel Burning Equipment, performance criteria, consensus publishing and converting industries. Gas Equipment, Nuclear Power Plants, positions, recommended guidelines and performance specifications in order to Dorothy B. Fountain, Oil and Gas Systems and Materials, Offshore Structures, Renewable Energy, adopt consensus positions on engine Deputy Director of Operations, Antitrust fluid issues of concern to the industry Division. Distributed Generation Technology, as a whole. [FR Doc. 04–22886 Filed 10–12–04; 8:45 am] Environmental Management, BILLING CODE 4410–11–M Environmental Technology, Sustainable Dorothy B. Fountain, Forest Management, Community Safety Deputy Director of Operations, Antitrust and Well-being, Health Care, Division. DEPARTMENT OF JUSTICE Occupational Health and Safety, [FR Doc. 04–22896 Filed 10–12–04; 8:45 am] Elevating Devices, Pressure Vessels, BILLING CODE 4410–11–M Antitrust Division Transportation, Business Management and Quality Management. Notice Pursuant to the National DEPARTMENT OF JUSTICE Cooperative Research and Production Additional information concerning Act of 1993—Canadian Standards CSA’s standards development activities Antitrust Division Association and CSA America, Inc. may be obtained by contacting Mr. RJ Falconi, Vice President, General Notice Pursuant to the National Notice is hereby given that, on August Counsel and Corporate Secretary, CSA Cooperative Research and Production 31, 2004, pursuant to Section 6(a) of the Group, 178 Rexdale Blvd., Toronto, ON Act of 1993—Institute of Inspection National Cooperative Research and Cleaning and Restoration Certification Production Act of 1993, 15 U.S.C. 4301 M9W 1R3 Canada, Telephone (416) et seq. (‘‘the Act’’), the Canadian 747–2722. Notice is hereby given that, on Standards Association and CSA Dorothy B. Fountain, September 14, 2004, pursuant to Section America, Inc. (‘‘CSA’’) have filed Deputy Director of Operations, Antitrust 6(a) of the National Cooperative written notifications simultaneously Division. Research and Production Act of 1993, with the Attorney General and the 15 U.S.C. 4301 et seq. (‘‘the Act’’), the [FR Doc. 04–22887 Filed 10–12–04; 8:45 am] Federal Trade Commission disclosing Institute of Inspection Cleaning and (1) the name and principal place of BILLING CODE 4410–11–M Restoration Certification (‘‘IICRC’’) has business of the standards development filed written notifications

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simultaneously with the Attorney certification testing for individuals DEPARTMENT OF JUSTICE General and the Federal Trade involved in the sale, service, Commission disclosing (1) the name and maintenance, training, and testing of fire Antitrust Division principal place of business of the extinguishers, fire extinguishing Notice Pursuant to the National standards development organization, systems, and life safety equipment. and (2) the nature and scope of its Cooperative Research and Production standards development activities. The Dorothy B. Fountain, Act of 1993—The Instrumentation, notifications were filed for the purpose Deputy Director of Operations, Antitrust Systems, and Automation Society of invoking the Act’s provisions limiting Division. Notice is hereby given that, on the recovery of antitrust plaintiffs to [FR Doc. 04–22893 Filed 10–12–04; 8:45 am] September 9, 2004, pursuant to Section actual damages under specified BILLING CODE 4410–11–M 6(a) of the National Cooperative circumstances. Research and Production Act of 1993, Pursuant to Section 6(b) of the Act, 15 U.S.C. 4301 et seq. (‘‘the Act’’), the the name and principal place of DEPARTMENT OF JUSTICE Instrumentation, Systems, and business of the standards development Automation Society (‘‘ISA’’) has filed organization is: Institute of Inspection Antitrust Division written notifications simultaneously Cleaning and Restoration Certification, with the Attorney General and the Vancouver, WA. The nature and scope Notice Pursuant to the National Federal Trade Commission disclosing of IICRC’s standards development Cooperative Research and Production (1) the name and principal place of activities are: to engage in a segment of Act of 1993—National Golf Car business of the standards development the cleaning, restoration and inspection Manufacturers Association, Inc. organization and (2) the nature and industry, primarily involving floor scope of its standards development coverings, upholstery, personal Notice is hereby given that, on activities. The notifications were filed property, water and fire damage September 10, 2004, pursuant to Section for the purpose of invoking the Act’s restoration of structures and contents, 6(a) of the National Cooperative provisions limiting the recovery of and model remediation of structures Research and Production Act of 1993, antitrust plaintiffs to actual damages and contents. 15 U.S.C. 4301 et seq. (‘‘the Act’’), the under specified circumstances. Dorothy B. Fountain National Golf Car Manufacturers Pursuant to Section 6(b) of the Act, the name and principal place of Deputy Director of Operations, Antitrust Association, Inc. (‘‘NGCMA’’) has filed Division. written notifications simultaneously business of the standards development organization is: The Instrumentation, [FR Doc. 04–22894 Filed 10–12–04; 8:45 am] with the Attorney General and the Systems, and Automation Society, BILLING CODE 4410–11–M Federal Trade Commission disclosing (1) the name and principal place of Research Triangle Park, NC. The nature and scope of ISA’s standards business of the standards development development activities are: The DEPARTMENT OF JUSTICE organization and (2) the nature and development and maintenance of scope of its standards development Antitrust Division standards, recommended practices, and activities. The notifications were filed technical reports for instrumentation, Notice Pursuant to the National for the purpose of invoking the Act’s measurement, control, systems, and Cooperative Research and Production provisions limiting the recovery of automation. Act of 1993—National Association of antitrust plaintiffs to actual damages Fire Equipment Distributors under specified circumstances. Dorothy B. Fountain, Deputy Director of Operations, Antitrust Notice is hereby given that, on Pursuant to Section 6(b) of the Act, Division. September 15, 2004, pursuant to Section the name and principal place of [FR Doc. 04–22891 Filed 10–12–04; 8:45 am] business of the standards development 6(a) of the National Cooperative BILLING CODE 4410–11–M Research and Production Act of 1993, organization is: National Golf Car 15 U.S.C. 4301 et seq. (‘‘the Act’’), Manufacturers Association, Inc., National Association of Fire Equipment Atlanta, GA. The nature and scope of DEPARTMENT OF JUSTICE Distributors (‘‘NAFED’’) has filed NGCMA’s standards development written notifications simultaneously activities are: The development, Antitrust Division maintenance and periodic updating of with the Attorney General and the Notice Pursuant to the National ANSI/NGCMA Z130.1 (safety Federal Trade Commission disclosing Cooperative Research and Production (1) the name and principal place of specifications for the design and Act of 1993—The VMEbus International business of the standards development operation of golf cars) and ANSI/ Trade Association organization and (2) the nature and NGCMA Z135 (safety specifications for scope of its standards development the design and operation of personal Notice is hereby given that, on activities. The notifications were filed transport vehicles) through American September 10, 2004, pursuant to Section for the purpose of invoking the Act’s National Standards Institute consensus 6(a) of the National Cooperative provisions limiting the recovery of group protocols and procedures. Research and Production Act of 1993, antitrust plaintiffs to actual damages 15 U.S.C. 4301 et seq. (‘‘the Act’’), under specified circumstances. Dorothy B. Fountain, VMEbus International Trade Pursuant to Section 6(b) of the Act, Deputy Director of Operations, Antitrust Association (‘‘VITA’’) has filed written the name and principal place of Division. notifications simultaneously with the business of the standards development [FR Doc. 04–22892 Filed 10–12–04; 8:45 am] Attorney General and the Federal Trade organization is: National Association of BILLING CODE 4410–11–M Commission disclosing (1) the name and Fire Equipment Distributors, Chicago, principal place of business of the IL. The nature and scope of NAFED’s standards development organization standards development activities are: and (2) the nature and scope of its

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standards development activities. The Drug Schedule for workers certified as eligible to apply notifications were filed for the purpose for benefits under both subchapters A of invoking the Act’s provisions limiting Diphenoxylate (9170) ...... II (the regular TAA program), and D (the the recovery of antitrust plaintiffs to Hydrocodone (9193) ...... II NAFTA–TAA program), of Chapter II, actual damages under specified Meperidine (9230) ...... II Title II of the Trade Act of 1974, as Dextropropoxyphene, bulk (9273) II amended. circumstances. Morphine (9300) ...... II Pursuant to Section 6(b) of the Act, Thebaine (9333) ...... II GAL 7–94, Change 1 the name and principal place of Alfentanil (9737) ...... II business of the standards development Sufentanil (9740) ...... II Changes to the TAA program organization is: VMEbus International Fentanyl (9801) ...... II operating instructions in GAL 7–94, Trade Association, Fountain Hills, AZ. Change 1 focus on revising operating The nature and scope of VITA’s The company plans to manufacture instructions to the States pertaining to standards development activities are: the listed controlled substances in bulk nonduplication of assistance, allowing Definitions, specifications, for distribution to its customers. workers eligible for both NAFTA-TAA requirements, and methods of test for Any other such applicant and any and regular TAA programs to make a computer buses (specifically, but not person who is presently registered with one-time change in program limited to VMEbus, Futurebus+, DEA to manufacture such a substance participation in cases where VSBbus) and associated software. These may file comments or objections to the certification for a second Trade program specifications will involve Electrical, issuance of the proposed registration occurs after the worker has begun to Protocol (Logical), and Physical pursuant to 21 CFR 1301.33(a). receive benefits under the other Trade (Mechanical) layers for Massively Any such comments or objections program. States are also encouraged to Parallel Architectures, IPC may be addressed, in quintuplicate, to implement applicant tracking and (Interprocessor Communications) the Deputy Assistant Administrator, reporting procedures that will ensure channels, AUTOBAHN and other serial Office of Diversion Control, Drug States’ compliance and allow the States buses, Mezzanine Buses for centralized Enforcement Administration, United to evaluate Trade program effectiveness. States Department of Justice, I/O models, Multichip modules, Field GAL 7–94, Change 2 Buses (serial buses) for distributed I/O Washington, DC 20537, Attention: DEA Changes to the TAA program models, Parallel-grouped serial Sub- Federal Register Representative (CCD) operating instructions in GAL 7–94, buses (multiport architectures) with and must be filed no later than Change 2 focus on amended operating Block Transfer Mechanisms, Reflective December 13, 2004. instructions to the State Agencies in Memory Architectures, and other Dated: September 28, 2004. regard to making individual eligibility Intracrate Computer Buses. William J. Walker, determinations for Trade Readjustment Dorothy B. Fountain, Deputy Assistant Administrator, Office of Allowance (TRA) benefits under the Diversion Control, Drug Enforcement NAFTA–TAA program. These new Deputy Director of Operations, Antitrust Administration. Division. instructions implement the United [FR Doc. 04–22935 Filed 10–12–04; 8:45 am] [FR Doc. 04–22885 Filed 10–12–04; 8:45 am] States District Court for the District of BILLING CODE 4410–09–P BILLING CODE 4410–11–M Columbia preliminary approval, pending a hearing for class members, of a settlement of Baker v. Reich between DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR the Department of Labor and the United Auto Workers Union (UAW). Drug Enforcement Administration Employment and Training Administration GAL 7–94, Change 3 Manufacturer of Controlled This GAL provides for States use of Substances; Notice of Application North American Free Trade Agreement—Transitional Adjustment NAFTA–TAA program funds for dual Pursuant to 21 CFR 1301.33(a), this is Assistance Program: General eligible workers that opt for TAA, in notice that on July 8, 2004, Chattem Administration Letter Interpreting order to provide training, job search and Chemicals, Inc., 3801 St. Elmo Avenue, Federal Law relocation services in cases where Building 18, Chattanooga, Tennessee, regular Trade program funds are not made application by renewal to the The Employment and Training available (either the State does not have Drug Enforcement Administration Administration interprets Federal law funds in its regular Trade account or has (DEA) for registration as a bulk requirements pertaining to the North not received requested regular Trade manufacturer of the basic classes of American Free Trade Agreement— funds from the National Office). controlled substances listed: Transitional Adjustment Assistance Dated: October 6, 2004. (NAFTA—TAA). These interpretations Emily Stover DeRocco, are issued in General Administration Drug Schedule Assistant Secretary for Employment and Letters (GALs) to the State Workforce Training. N-Ethylamphetamine (1475) ...... I Agencies. Several GALs were 4-Methoxyamphetamine (7411) ... I inadvertently omitted from publication U.S. Department of Labor, Employment 2,5-Dimethoxyamphetamine I in the Federal Register by a previous and Training Administration, (7396). Administration. In order to correct these Washington, DC 20210 Difenoxin (9168) ...... I omissions, the GALs described below Amphetamine (1100) ...... II Classification: TAA. Methamphetamine (1105) ...... II are published in the Federal Register in Correspondence Symbol: TWT. Methylphenidate (1724) ...... II order to inform the public. Issue Date: March 29, 1996. Pentobarbital (2270) ...... II GAL 7–94, Change 1, Change 2, and Expiration Date: March 31, 1997. Secobarbital (2315) ...... II Change 3 to amend operating Rescissions: None. Codeine (9050) ...... II instructions issued in GAL 7–94 that Directive: General Administration Oxycodone (9143) ...... II address applicant processing procedures Letter No. 07–94, Change 1.

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To: All State Employment Security State agencies for implementing the informed choice as to the program Agencies. amendments to the Trade Act contained under which the workers elect to From: Barbara Ann Farmer, in the NAFTA Implementation Act. receive benefits. States are to counsel Administrator for Regional GAL 7–94, page 16 contains instructions workers who are receiving benefits Management. pertinent to the ‘‘Non-duplication of under one program and later become Subject: Trade Adjustment Assistance Assistance’’ provision of the Law. The eligible to receive benefits under a (TAA) Program Revised Applicant ‘‘Administration’’ portion of this second certification. States are to Processing Procedures. instruction states: determine the workers’ choice of the 1. Purpose. To amend operating program under which they wish to instructions issued in GAL 7–94 that This new section is intended to eliminate duplication of assistance and benefits to a permanently participate within 15 address applicant processing procedures worker in situations where a worker group is working days from the date the second for workers certified as eligible to apply certified concurrently for both regular TAA certification is signed by the National for benefits under both subchapters A and NAFTA-TAA. These situations should be Office. Workers are also to be clearly (the regular TAA program), and D (the uncommon. However, should this occur, the informed about eligibility requirements NAFTA–TAA program), of Chapter II, worker will be provided benefits under one for TRA under both programs. Once the Title II of the Trade Act of 1974, as or the other certification. The worker is to worker has made a decision it may not make the decision regarding which amended. be changed. This election will also 2. References. The Trade Act of 1974, certification will apply. Once a decision is made by the worker, it cannot be changed. stand in the case of a subsequent as amended; Title V of the North Also, State agency staff must explain the separation covered by the same two American Free Trade Agreement difference between programs so workers can certifications. Implementation Act (Pub. L. 103–182), make an informed choice. A change from one program to the 20 CFR part 617; GAL 6–94; and GAL 7– 5. Revised Operating Instructions. The other can never result in increasing the 94. instructions to the States pertaining to amount of benefits for training, job 3. Background. The Trade Adjustment search, and relocation allowances that a Assistance program provides Nonduplication of Assistance are revised to read as follows: claimant may receive. However, some reemployment services, including claimants may become eligible for TRA training, job search and relocation The intent of this section is to prevent by changing from the NAFTA-TAA allowances and trade readjustment duplication of assistance to workers who are eligible to receive assistance pursuant to program to the regular program. The allowances (TRA) to individuals whose reason for this is that the regular unemployment is linked to increased certifications issued under both the regular and NAFTA-TAA programs (dual eligible program does not require, as a condition imports, or, in the case of the NAFTA- workers). In order to fairly administer this of eligibility for TRA, that a worker TAA program, to a shift in production section, State agency staff must fully explain enter a training program within a fixed to Mexico or Canada. Chapter II, Title II the difference between programs to dual period. In any event, such claimants of the Trade Act of 1974, as amended, eligible workers. This will assure that the would never be entitled to more than requires the Secretary of Labor to affected workers are provided with the ability one full round of TRA benefits on the implement and carry out the specified to make a completely informed choice basis of the two certifications. worker adjustment assistance regarding the application of benefits under In order to minimize the both programs. A dual eligible worker who provisions. The Secretary has executed administrative burden on the States, agreements with each State to has entered, or is otherwise receiving benefits under one program, may elect to switch after when a worker receiving benefits under administer adjustment services. being certified as eligible to apply under the one program elects to switch after In response to inquiries from the second program. Under such circumstances, becoming eligible for the second States, this GAL contains amended the State may allow the worker’s benefits to program, the State may, as is current Employment and Training continue to be paid by the first program until practice with Trade eligible workers Administration (ETA) operating the first convenient break in training as who are dual enrolled under the JTPA instructions for the States. It requires determined by the State. This approach is Title III program, allow the workers’ States to provide every dual eligible currently used with Trade eligible workers benefits to continue to be paid by the who are also enrolled under the Job Training worker (that is, a worker whose first program until the first convenient separation is covered by certifications Partnership Act (JTPA) Title III program. In order to minimize the administrative burden break (e.g., the end of a semester/ under both the regular and NAFTA– on the States, once a decision is made by the quarter) in training as determined by the TAA programs), at the point where they worker after becoming eligible for the second State. become eligible under the second Trade program, it may not be changed. This Since the Trade program will often program, with the information necessary election will also stand in the case of a depend upon the local Job Service office to make a fully informed choice subsequent separation covered by the same staff to ‘‘counsel’’ a claimant to choose regarding the Trade program under two certifications. between NAFTA and regular Trade which they wish to permanently 6. Applicant Processing. States are benefits, written instructions are to be participate. encouraged to implement applicant provided by the State to all local Office 4. Nonduplication of Assistance. tracking and reporting procedures that staff who counsel trade applicants. The Section 249A (19 U.S.C. 2322) of the will ensure States’ compliance with instructions provided by the State must Trade Act of 1974, as amended, these instructions and allow the States continue to encourage workers to enter addresses nonduplication of assistance: to evaluate Trade program effectiveness. training as quickly as possible after they No worker may receive assistance relating to Section 225 (19 U.S.C. 2275) of the are initially certified as eligible to a separation pursuant to certifications under Trade Act requires that workers be receive benefits, regardless of which both subchapters A and D of this chapter. provided with full information about program they are certified under. The intent of this section is to prevent benefits. Therefore, when workers 7. Action Required. States are a worker from receiving duplicate become certified as eligible to apply for required to implement the revised benefits under both the regular TAA and benefits under the second program, administrative procedures for ensuring NAFTA–TAA programs. Trade staff are to fully explain the non-duplication of assistance as set General Administration Letter (GAL) difference between the programs so that forth in this document as of April 1, 7–94 contains operating instructions to workers can make a completely 1996. States are advised to inform all

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appropriate State staff of the contents of NAFTA–TAA definition, as set forth in order to qualify for TRA will be applied as this document and ensure that staff have GAL 7–94, of ‘‘initial unemployment set forth below. In order to be eligible to the management information system compensation benefit period’’ currently receive TRA benefits under a NAFTA–TAA employed by State Agencies in certification, the worker must be enrolled in (MIS) capability to effectively track and an approved training program by the end of report on benefits and services provided determining applicants’ eligibility for the 16th week of that worker’s ‘‘initial to dual eligible workers to avoid TRA benefits under the NAFTA–TAA unemployment compensation benefit duplication of services. program. period’’. 8. Inquiries. States are to direct all In accordance with this settlement, This 16-week period begins with the first inquiries to the appropriate ETA this GAL also contains Employment and day of the first calendar week following the Regional Office. Training Administration (ETA) worker’s most recent qualifying separation operating instructions for the States for and ends with the last day of the 15th U.S. Department of Labor, Employment providing relief for workers who were consecutive calendar week thereafter. and Training Administration incorrectly denied, or who otherwise Included in this 16-week period are weeks of Washington, DC 20210 waiting period credit, weeks of incorrectly did not receive, TRA disqualification, weeks of employment, and Classification: TAA. benefits under the prior definition. weeks of unemployment. Correspondence Symbol: TWT. 4. Trade Readjustment Allowances— Initial unemployment compensation Issue Date: October 23, 1996. Previous Operating Instructions. GAL 7– benefit period means the period beginning Expiration Date: October 31, 1997. 94, page 13, contains instructions with the first week following a worker’s most Rescissions: None. pertinent to the ‘‘Trade Readjustment recent qualifying separation due to import Directive: General Administration Allowances’’ provision of the NAFTA competition from or production shift to Letter No. 07–94, Change 2. Implementation Act. These instructions Canada or Mexico. This term is not the same as the term ‘‘first benefit period’’ defined at To: All State Employment Security address TRA as follows: Agencies. 20 CFR 617.3(r). To qualify for TRA payments, an eligible 6. Retroactive Relief. In order to From: Barbara Ann Farmer, worker must be enrolled in a training Administrator for Regional program approved by the later of— provide relief for all workers incorrectly Management. i. The last day of the 16th week of such denied TRA benefits, or who would not Subject: Trade Adjustment Assistance worker’s initial unemployment compensation have qualified for benefits, under GAL (TAA) Program Revised Applicant benefit period, or 7–94, the States will implement the Processing Procedures. ii. The last day of the 6th week after the following actions: 1. Purpose. To amend operating week in which the Secretary of Labor issues a. Each State NAFTA–TAA instructions issued in GAL 7–94 that a certification covering such worker. coordinator must compile a list of all Application of time periods. The 16-week workers who, since the inception of the address applicant processing procedures time requirement for enrolling in training in for workers certified as eligible to apply order to qualify for TRA will be applied NAFTA–TAA program, had qualifying for benefits under both subchapters A literally. In order to be eligible to receive separations from employment for (the regular TAA program), and D (the TRA under a NAFTA-TAA certification, the NAFTA-related reasons and who were North American Free Trade Agreement- worker must be enrolled in an approved denied or otherwise did not receive Transitional Adjustment Assistance training program by the end of the 16th week TRA benefits under either the NAFTA– (NAFTA–TAA) program), of Chapter II, of that worker’s initial unemployment TAA program or the regular TAA Title II of the Trade Act of 1974, as compensation benefit period. program (i.e., dual certified) for the This fixed 16-week period begins with the amended. effective date of the claim and ends with the same qualifying separation. (The State 2. References. The Trade Act of 1974, last day of the 16th week thereafter. Included need not include on the list anyone as amended; Title V of the North in this 16-week fixed period are weeks of determined ineligible for TRA benefits American Free Trade Agreement waiting period credit, weeks of under the NAFTA–TAA program for Implementation Act (Pub. L. 103–182), disqualification, weeks of employment, and reasons other than the State’s 20 CFR part 617; GAL 6–94; and GAL 7– weeks of unemployment. application of the original definition of 94. Initial unemployment compensation ‘‘initial unemployment compensation 3. Background. General benefit period means the same as the term ‘‘first benefit period’’ defined at 20 CFR benefit period’’.) Administration Letter (GAL) 7–94 617.3(r). ‘‘First benefit period’’ means the b. State NAFTA—TAA coordinators contains operating instructions to State benefit period established after the must then notify, no later than agencies for implementing the individual’s first qualifying separation or in November 22, 1996, all the workers on amendments to the Trade Act contained which such separation occurs. the list (at their last known address), in the NAFTA Implementation Act. This 5. Trade Readjustment Allowances— that as a result of the U.S. District Change 2 contains amended operating Revised Operating Instructions. The Court’s action, they may now be eligible instructions to the State Agencies in instructions to the States pertaining to to receive TRA benefits under the regard to making individual eligibility TRA are revised to read as follows: NAFTA-TAA program if they enroll in determinations for Trade Readjustment TAA-approved training, or receive basic Allowance (TRA) benefits under the To qualify for TRA payments, an eligible TRA if they have already completed worker must be enrolled in a training NAFTA-TAA program. These new program approved by the later of— training that is TAA approved. instructions implement the United i. The last day of the 16th week of such c. The notification sent to the workers States District Court for the District of worker’s initial unemployment compensation must include the attached Court Columbia preliminary approval, benefit period, or documents which include instructions pending a hearing for class members, of ii. The last day of the 6th week after the for claimants to contact their local a settlement of Baker v. Reich between week in which the Secretary of Labor issues Employment Service office by April 15, the Department of Labor and the United a certification covering such worker. 1997, for a determination or Section 250(d)(3)(B) of the Trade Act redetermination of their individual Auto Workers Union (UAW). provides for a 30-day extension of these Pursuant to the Court decision and deadlines in case of extenuating eligibility for training assistance and order issued on June 11, 1996, the circumstances. TRA benefits under the NAFTA–TAA settlement approved on September 9, Application of time periods. The 16-week program. Upon request, the worker 1996 bars the use of the current time requirement for enrolling in training in notifications, including the Court

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documents, must be supplied to a Retroactive relief is intended to cover request form to help States provide claimant in Spanish or other languages. all individuals affected between the NAFTA–TAA training to workers d. States must also inform affected time the NAFTA–TAA program was determined eligible for retroactive relief. local labor unions and State and local implemented and the time the 10. Action Required. central labor bodies of the settlement settlement was approved by the Court a. States are required to implement and of their members’ rights to pursue on September 9, 1996. the revised instructions for making a claim for TRA benefits. 8. Reporting Required. The individual eligibility determinations for e. Finally, the States must publish, in Department is required to report to the TRA benefits under the NAFTA–TAA the same manner as notices of UAW on the States’ implementation of program as set forth in these operating Certification under the NAFTA–TAA the settlement. ETA is seeking instructions and the settlement program are published, the attached (or expedited clearance for this requirement agreement. similar) press notice about the under the Paperwork Reduction Act of b. States must provide retroactive settlement in newspapers of general 1995. To assist this effort, States must relief under the settlement to workers circulation. In order to inform as many provide the following information to the who were previously denied, or who eligible workers as possible of the right Department as directed: would not have qualified for, TRA to receive a determination or a. States must provide to the Office of benefits under the NAFTA–TAA redetermination of individual eligibility Trade Adjustment Assistance, by program through the States’ use of the for training and TRA under the December 31, 1996, either by phone, previous interpretation of ‘‘initial NAFTA–TAA program, States must also electronic mail, or in writing, a unemployment compensation benefit make this information available to summary of the number of workers period’’ prohibited by the settlement television and post it on the Internet notified of the proposed settlement and and the Court’s decision and order. (where available). the number of workers who have c. States should inform all appropriate 7. Eligibility Determinations and contacted the State agency for eligibility State staff of the contents of this Redeterminations. In order to provide determinations. document and ensure that staff have the retroactive relief under the settlement, b. Beginning with the quarterly necessary resources available to comply States must provide eligibility reporting period ending December 31, with the settlement. determinations or redeterminations to 1996, the States will provide the 11. Inquiries. States should direct all workers who were previously denied, or National Office with quarterly written inquiries to the appropriate ETA who would not have qualified for, TRA reports on: The number of people Regional Office. benefits under the NAFTA-TAA requesting determination or 12. Attachment. Draft NAFTA News program based upon the prior definition redetermination of entitlement; the Release. of ‘‘initial unemployment compensation number of people determined entitled to benefit period’’. An individual need not relief; and the number of people Draft NAFTA News Release have previously filed a claim to be receiving TRA first payments under this Prenote to States: When you issue this eligible for retroactive relief under this settlement. ETA Form 563 should be release, make sure all references to the settlement. Workers determined eligible used for this purpose. ‘‘employment service’’ conform to the for TRA benefits under the terms of the c. The States are required to continue name of the responsible agency in your settlement must be advised that they to report the data described in State. have 16 weeks, from the date the paragraph b above on a quarterly basis eligibility determination or for five additional quarters. Benefits Extended to More Workers redetermination was made by the State, 9. Funding. In order to support the U.S. Labor Department, Union Reach to enroll in a TAA-approved training States’ efforts to comply with the terms Agreement on Broader Definition of program, if they have not previously of this settlement, the Department will NAFTA Eligibility completed one. (In the event that allow the States to request and/or access appropriate training is not scheduled to funds from the following sources: The U.S. Department of Labor and the begin within 30 days of the expiration a. States may use or apply unspent or United Autoworkers Union recently of the 16-week period, a claimant will surplus NAFTA–TAA administration reached agreement on the conditions be permitted to take advantage of the 30- funds to cover the costs of notifying, under which workers may receive day extension period provided in processing and making referral to benefits under the North American Free Section 250(d)(3)(B) of the Trade Act.) training for potentially affected workers. Trade Agreement Transitional Under the settlement, the States’ b. States should report Adjustment Assistance (NAFTA–TAA) calculation of the 104-week training redeterminations on line 5, section C of program. The new, broader definition period in 20 CFR 617.22(f)(2) begins the UI–3 report. The MPU value is the means that more workers will be eligible with the worker’s first day of training same as the allocated initial claims for income-support payments while and the 104-week eligibility period for MPU. they train for new jobs. TRA begins with the first week c. States may, using the ETA form The settlement provides that a worker following the week that the eligibility 9023, request special NAFTA–TAA separated from employment for reasons determination or redetermination for administration funds to pay the costs of related to trade with Mexico or Canada, TRA was made. upgrading or enhancing their NAFTA– or a shift of production to Mexico or The 210-day rule under 19 U.S.C. TAA MIS reporting capability systems, Canada, may now be eligible to receive 2293(b) is not applicable to individuals including improving the UI interface in income-support benefits, known as seeking retroactive relief under this order to help contact workers within the Trade Readjustment Allowances (TRA), settlement. A worker may receive basic stipulated timeframes or to help track if the worker has been certified by the and additional TRA benefits only during and report on benefits and services Labor Department and is participating periods of participation in a TAA- provided to workers determined eligible in an approved training program within approved training program or may for relief. 16 weeks of the worker’s most recent continue to receive only basic TRA after d. Additional NAFTA–TAA program qualifying separation (layoff). completion of a TAA-approved training funds will also be made available to the The issue was resolved September 9, program. States through the usual ETA 9023 1996, when the United States District

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Court for the District of Columbia issued 3. Background. In response to burden on the States to serve dislocated preliminary approval, pending a inquiries from the States, GAL 7–94, workers. States were informed that fairness hearing for class members, of a Change 1 provided amended when a worker receiving benefits under settlement of Baker v. Reich, a case Employment and Training one program elects to switch after brought by the United Autoworkers Administration Operating Instructions becoming eligible for the second Union against the Department of Labor, to the States regarding the delivery of program, the State may, as is current concerning the definition of eligibility. services to any worker who is dual practice with Trade eligible workers The settlement applies to individuals eligible (that is, a worker whose who are dual enrolled under the JTPA who had been certified for NAFTA– separation is covered by certifications Title III program, allow the workers’ TAA but who were denied TRA benefits under both the regular Trade and benefits to continue to be paid by the because they did not meet an earlier NAFTA–TAA programs). It required first program until the first convenient definition of eligibility, which was States to provide every dual eligible break (e.g., the end of a semester/ rejected by the court in June. worker, at the point at which they quarter) in training as determined by the State Employment Security Agencies become eligible under the second Trade State. This did not affect the prohibition have begun to notify workers certified certification, with the information that, in any event, claimants are never for NAFTA–TAA that, as a result of the necessary to make a fully informed entitled to more than one full round of court’s action, they may now be eligible choice regarding the Trade program TAA services and TRA on the basis of to receive TRA benefits if they enroll in under which they wish to permanently the two certifications, nor does this new vocational training or have completed participate. The intent of the GAL was guidance change this prohibition. appropriate training. to help the States encourage workers to States have recently noted that with Workers who have been certified for enter training as quickly as possible the increasing number of workers NAFTA–TAA have until April 15, 1997, after they are initially certified as certified under both programs there to contact their local Employment eligible to receive benefits, regardless of may, at some point, be insufficient Service office for a redetermination of the program under which they are funding available to provide services to their eligibility for assistance. If a certified. all workers requesting assistance under worker is determined to be eligible for This GAL amends the applicant the regular Trade program. It is benefits under NAFTA, the worker may processing procedures for States for estimated that 65–70% of workers then receive TRA benefits if he or she implementing the amended certified as eligible for NAFTA–TAA is participating in, or has completed, a Employment and Training operating program assistance are also certified TAA-approved training program. A instructions contained in GAL 7–94, eligible for regular Trade program worker may have up to 104 weeks from Change 1. assistance and that a significant number the date of redetermination to collect up 4. Operating Instructions. GAL 7–94, of these NAFTA–TAA eligible workers to 52 weeks of TRA benefits. Change 1 revised the operating currently elect to receive services under Employment Service offices are listed instructions to the States pertaining to the regular Trade program. in the blue pages of the telephone Nonduplication of Assistance to read as Therefore, to keep up with this directory under State government. follows: increased demand for regular Trade Depending on the State, these offices program related services, States may, The intent of this section is to prevent where regular Trade program funds are may also be called the ‘‘Job Service’’ or duplication of assistance to workers who are the ‘‘Employment Security eligible to receive assistance pursuant to not available (either the State does not Commission.’’ certifications issued under both the regular have funds in its regular Trade account and NAFTA–TAA programs (dual eligible or has not received requested regular U.S. Department of Labor, Employment workers). In order to fairly administer this Trade funds from the National Office), and Training Administration, section, State agency staff must fully explain use NAFTA–TAA program funds to Washington, DC 20210 the difference between programs to dual provide training, job search and Classification TAA. eligible workers. This will assure that the relocation services to dual eligible affected workers are provided with the ability workers. The State may fund such Correspondence Symbol: TWT. to make a fully informed choice regarding the Date: July 3, 1997. application of benefits under both programs. services for dual eligible workers from Directive: General Administration A dual eligible worker who has entered, or NAFTA–TAA program funds until Letter No. 07–94, Change 3. is otherwise receiving benefits under one regular Trade program funds are To: All State Employment Security program, may elect to switch after being available, at the first convenient break Agencies. certified as eligible to apply under the second in training as determined by the State. From: Robert S. Kenyon, Acting program. Under such circumstances, the For purposes of participant tracking on Administrator for Regional State may allow the worker’s benefits to the 563 report, workers should be continue to be paid by the first program until counted as a participant in the program Management. the first convenient break in training as Subject: Trade Adjustment Assistance determined by the State. This approach is from which the funding for their (TAA) Program, Revised Applicant currently used with Trade eligible workers training, job search or relocation Processing Procedures. who are also enrolled under the Job Training services is sourced. 1. Purpose. To clarify operating Partnership Act (JTPA) Title III program. In The intent is to allow the States to instructions issued in GAL 7–94, order to minimize the administrative burden effectively process the increasing Change 1 regarding applicant processing on the States, once a decision is made by the number of NAFTA-impacted workers procedures for workers certified as worker after becoming eligible for the second applying for assistance under the eligible to apply for benefits under both program it may not be changed. This election regular TAA program. This will ensure will also stand in the case of a subsequent subchapters A (the Regular TAA separation covered by the same two that a worker receives rapid assistance, program) and D (the NAFTA–TAA certifications. including placement in training, Program), of Chapter II, Title II of the regardless of the program from which Trade Act of 1974. 5. Revised Applicant Processing. GAL the worker formally elects to receive 2. References. The Trade Act of 1974; 7–94, Change 1 also revised applicant services. 20 CFR part 617; and GAL 7–94 and 7– processing procedures to provide greater 6. Action Required. State 94, Change 1. flexibility and reduce the administrative Administrators are requested to:

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a. Convey the information in this 1974, as amended, pursuant to the for any TRA (basic TRA or additional TRA, directive to appropriate staff. agreements between the states and the including TRA for remedial training) under b. Request that Trade program staff Secretary of Labor under Section 239 of the relevant certification. In many cases, the review the information and ensure that the Trade Act of 1974, as amended. 8/16 week deadline for a worker will be Changes to the TAA program reached while the worker is still receiving appropriate arrangements are made with unemployment insurance (UI). Some workers both program and resource allocation operating instructions in TEGL 11–02, are not aware that this deadline may apply staff to implement these revised Change 1 focus on further explanation before they exhaust their UI. The SWA is applicant processing procedures. of requirements relating to eligibility responsible for informing workers of these c. Encourage appropriate officials to deadlines and to the issuance of training requirements. The SWA must also assist such review the present State TAA program waivers, and supplement the guidance workers in enrolling in an approved training funding and benefits delivery system to issued in TEGL 11–02. program prior to the 8/16 week deadline, or identify potential problem areas and issue the workers waivers prior to the 8/16 Dated: October 6, 2004. week deadline, if appropriate. ensure that regular Trade and NAFTA– Emily Stover DeRocco, Under certain extenuating circumstances, TAA program funds are tracked and Assistant Secretary for Training and the 8/16 week deadline for enrollment may monitored in accordance with the Employment. be extended for up to 45 days. TEGL No. 11– information provided in this transmittal. 02 explained the definition of ‘‘extenuating 7. Inquiries. Inquiries should be Training and Employment Guidance Letter circumstances.’’ That definition applies and directed to appropriate Regional Offices. No. 11–02, Change 1 includes situations that could arise, such as To: All State Workforce Agencies, All State when a worker has been enrolled in a [FR Doc. 04–22920 Filed 10–12–04; 8:45 am] Workforce Liaisons, All One-Stop Center training program that is abruptly cancelled, BILLING CODE 4510–30–U System Leads. where a worker suffers injury or illness that From: Emily Stover DeRocco, Assistant adversely affects the worker’s ability to enroll Secretary. in a training program, or other events where DEPARTMENT OF LABOR Subject: Change 1 to the Operating the states can justify and document that the Instructions for Implementing the application of extenuating circumstances is Employment and Training Amendments to the Trade Act of 1974 warranted. Administration Enacted by the Trade Act of 2002. The 2002 amendments did not change the 1. Purpose. To provide guidance to State 210-day time limit applicable to additional Trade Adjustment Assistance Workforce Agencies (SWAs) on training TRA. Additional TRA, beyond basic TRA, Program: Training and Employment deadlines, issuing waivers to the Trade may be paid to workers participating in Guidance Letter Interpreting Federal Adjustment Assistance (TAA) program approved training who meet all TRA Law training requirements, and additional eligibility requirements, including the 210- information on implementing the TAA day deadline. This means, in order to be The Employment and Training Reform Act of 2002. eligible for additional TRA, a worker must Administration interprets federal law 2. References. The Trade Act of 1974, as have filed a bona fide application for training requirements pertaining to Trade amended (Pub. L. 93–618, as amended) (‘‘the with the SWA within 210 days of either the Adjustment Assistance (TAA). These Trade Act’’); the Trade Act of 2002 (Pub. L. issuance of the certification covering the 107–210) (‘‘the 2002 amendments’’); 20 CFR worker or the worker’s most recent interpretations are issued in Training Part 617; Training and Employment separation, whichever is later. This 210-day and Employment Guidance Letters Guidance Letter (TEGL) No. 11–02 (October deadline applies to additional TRA, but not (TEGLs) to the State Workforce 10, 2002); TEGL No. 20–02 (March 3, 2003); to remedial TRA that may be received by Agencies. The TEGL described below is General Administration Letter (GAL) No. 7– workers enrolled in remedial training. published in the Federal Register in 94 (December 28, 1993); Unemployment SWAs should be mindful that the 210-day order to inform the public. Insurance Program Letter (UIPL) No. 24–03 deadline may pass if a worker has a long- and No. 33–03. The 2002 amendments to the term waiver of the training requirement. This TEGL 11–02, Change 1 TAA program are also known as the Trade could happen if a worker (who lacks TEGL 11–02, Change 1 advises states Adjustment Assistance Reform Act of 2002. marketable skills) receives a waiver due to of the federal law requirements 3. Clarification of Training Deadlines for lack of training funds. For example, if a Eligibility for Trade Readjustment worker receives a waiver 16 weeks after the applicable to implementing reforms of Allowances (TRA). The training deadlines worker’s most recent qualifying separation the Trade Adjustment Assistance (TAA) requiring clarification include the following: and that waiver remains in effect for the program enacted by the TAA Reform • ‘‘8/16 week deadline’’ for enrolling in maximum 26 weeks, then a total of 42 weeks Act of 2002. training. (294 days) might pass without the worker The operating instructions in TEGL • 45-day extension of the 8/16 week being required to be enrolled in approved 11–02, Change 1 are issued to the states deadline for extenuating circumstances. training. If the worker does not file a bona and the cooperating state workforce • 210-day time limit for applying for fide application for training with the SWA agencies (SWAs) as guidance provided training. during this 210-day period, then the worker by the Department of Labor (DOL) in its Section 114 of the 2002 amendments, is ineligible for additional TRA. Therefore, which amended section 231(a)(5)(A) of the SWA’s are responsible for ensuring that role as the principal in the TAA Trade Act, imposed a deadline by which a workers are informed of this deadline. program. As agents of the Secretary of worker must be enrolled in approved Issuance of a waiver before the 8/16 week Labor, the states and cooperating SWAs training, or have a waiver of this deadline might occur while the worker is still may not vary from the operating requirement, in order to be eligible for TRA. receiving UI. In these instances, workers instructions in TEGL 11–02, Change 1 This deadline is either the last day of the must meet the Extended Benefit work test without prior approval from DOL. 8th week after the week of issuance of the requirement (except as provided in 20 CFR Pending the issuance of regulations certification of eligibility covering the worker 617.11 (a)(2)(vi)(B)) as a condition of TRA. implementing the provisions of the TAA or the last day of the 16th week after the 4. HCTC and Waivers. All workers covered Reform Act of 2002, the operating worker’s most recent total qualifying by TAA or NAFTA–TAA certified petitions separation, whichever is later (commonly who are receiving TRA, or would be instructions in TEGL 11–02 and TEGL referred to as the 8/16 week deadline). The receiving TRA except they have not 11–02, Change 1 constitute the ‘‘8/16 week deadline’’ applies to eligibility exhausted their UI, may be eligible for the controlling guidance for the states and for all TRA, both basic and additional TRA. Health Coverage Tax Credit (HCTC) under the cooperating SWAs in implementing If a worker fails to meet the applicable 8/16 the 2002 amendments. States are responsible and administering the Trade Act of week deadline, then the worker is not eligible for identifying and transmitting the names of

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those individuals to the Internal Revenue (for example, 26 weeks of UI and 13 weeks Dated: October 6, 2004. Service’s HCTC Program Office in accordance of Temporary Extended Unemployment Emily Stover DeRocco, with instructions contained in UIPL No. 24– Compensation (TEUC) and basic TRA (13 Assistant Secretary for Employment and 03. The HCTC Program Office is ultimately weeks) are exhausted). Training. responsible for determining whether HCTC- The Department interprets the wording of eligible TAA recipients meet all other section 231(c)(2)(A) to cover cases in which Employment and Training qualifying criteria for receipt of the HCTC. it may be necessary to issue a waiver to a Administration If a worker is still on UI and seeking the worker before the worker actually begins to Advisory System HCTC, actions must be taken to ensure that receive basic TRA. Therefore, the Department U.S. Department of Labor all criteria for TRA eligibility are met as has determined that a state may extend a Washington, DC 20210 described in TEGL No. 11–02, including that worker’s waiver beyond six months in any Classification TAA the worker is enrolled in an approved case where it is necessary to cover the training program, has completed an approved worker’s full entitlement to basic TRA. Employment and Training training program, or has received a written 6. Action Required. States shall inform all Administration waiver of the training requirement. appropriate staff of the contents of these Advisory System A preliminary assessment of each trade instructions. U.S. Department of Labor affected worker’s skills must be carried out 7. Inquiries. States should direct all Washington, DC 20210 to identify workers for whom immediate inquiries to the appropriate ETA Regional Classification enrollment in training is appropriate. Except Office. TAA where such an assessment of a worker clearly indicates a need to enroll in training [FR Doc. 04–22919 Filed 10–12–04; 8:45 am] Correspondence Symbol ONR immediately, the Department of Labor BILLING CODE 4510–30–P Date: August 6, 2003 believes it would generally be appropriate to Training and Employment Guidance approve a waiver request under the Letter No. 2–03 marketable skills condition if such a DEPARTMENT OF LABOR determination is made shortly after To: All State Workforce Agencies; All separation and the worker qualifies for such Employment and Training State Workforce Liaisons /s/ a waiver. This waiver would allow some Administration From: Emily Stover DeRocco, Assistant period of job search and avoid removing Secretary some workers prematurely from the labor Alternative Trade Adjustment Subject: Interim Operating Instructions force and investing training resources that Assistance Program: Training and for Implementing the Alternative may not be necessary to helping a worker Employment Guidance Letter Trade Adjustment Assistance obtain reemployment. All waivers must be Interpreting Federal Law reevaluated every 30 days for the duration of (ATAA) for Older Workers Program the waiver period. If the waiver is issued on The Employment and Training Established by the Trade the basis of marketable skills, the Administration interprets federal law Adjustment Assistance Reform Act reevaluation will take into account the requirements pertaining to Alternative of 2002 reasons the individual has been unable to Trade Adjustment Assistance (ATAA). 1. Purpose. To transmit interim obtain employment during the job search. If These interpretations are issued in operating instructions for implementing the difficulty finding work is attributed to the Alternative Trade Adjustment skill deficiencies, it may be appropriate to Training and Employment Guidance revoke the waiver and immediately enroll the Letters (TEGLs) to the state workforce Assistance (ATAA) for Older Workers worker in training. agencies. The TEGL described below is Program established by the Trade It should be emphasized that waivers are published in the Federal Register in Adjustment Assistance Reform Act of not permitted under the NAFTA–TAA order to inform the public. 2002. program. Therefore, workers covered by a TEGL 2–03 TEGL 2–03 advises states 2. References. The Trade Act of 1974 NAFTA–TAA certification may only qualify of the federal law requirements (Pub. L. 93–619, as amended), the Trade for HCTC if the worker is receiving TRA or applicable to implementing the Act of 2002 (Pub. L. 107–210); the if the worker is enrolled in an approved Alternative Trade Adjustment Workforce Investment Act of 1998; 20 training program, or has completed an CFR part 617; 29 CFR part 90; TEGL No. approved training program, while still Assistance (ATAA) program enacted by receiving UI and while satisfying the other the TAA Reform Act of 2002. 11–02; UIPL No. 24–03. The TRA eligibility criteria found at 20 CFR The operating instructions in TEGL 2– amendments to the Trade Adjustment 617.11. 03 are issued to the states and the Assistance (‘‘TAA’’) program may also 5. Extension of Waivers Beyond Six cooperating state workforce agencies be referred to as the Trade Adjustment Months. The discussion in sections 3 and 4 (SWAs) as guidance provided by the Assistance Reform Act of 2002 (‘‘the above cover cases that may require a Department of Labor (DOL) in its role as Act’’ or ‘‘the Trade Act’’). These determination on whether to issue a waiver the principal in the ATAA program. As amendments were included in Title I of of the training requirement before a worker’s agents of the Secretary of Labor, the the Trade Act of 2002. UI entitlement has expired. The TAA Reform 3. Background. The Act establishes Act of 2002 specifically limits the maximum states and cooperating SWAs may not duration of a waiver to six months, unless the vary from the operating instructions in ATAA as an alternative assistance Secretary determines otherwise (section TEGL 2–03 without prior approval from program for older workers certified 231(c)(2)(A) of the Trade Act). In the absence DOL. eligible to apply for Trade Adjustment of such a determination by the Secretary, a Pending the issuance of regulations Assistance. This program is effective for waiver issued during a worker’s UI period implementing the provisions of the TAA petitions filed on or after August 6, often will not cover the worker’s entire Reform Act of 2002, the operating 2003. The Act requires that petitioners entitlement to basic TRA. For example, a six- instructions in TEGL 2–03 constitute the who request that workers be certified for month waiver could expire before all UI is controlling guidance for the states and the ATAA program must do so at the exhausted and basic TRA begins for a worker the cooperating SWAs in implementing time the petition is filed. ATAA is who receives a waiver in order to establish HCTC eligibility. This can occur when a and administering the ATAA program, designed to allow TAA eligible workers worker is granted a six-month waiver eight pursuant to the agreements between the for whom retraining may not be weeks after separation from employment. states and the Secretary of Labor under appropriate and who find Such a waiver could expire one month before Section 239 of the Trade Act of 1974, as reemployment to receive a wage subsidy maximum entitlement to UI compensation amended. to help bridge the salary gap between

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their old and new employment. To 4. ‘‘Secretary’’ means the Secretary of Additional requirements are set forth in receive the ATAA benefits, workers Labor. Training and Employment Guidance must be TAA and ATAA certified. 5. ‘‘TAA’’ means the Trade Letter (TEGL) No. 11–02, ‘‘Operating Under the ATAA program, workers in Adjustment Assistance program for Instructions for Implementing the an eligible worker group who are at least workers. Amendments to the Trade Act of 1974 50 years of age and who obtain different, 6. ‘‘TRA’’ means Trade Readjustment Enacted by the Trade Act of 2002,’’ full-time employment within 26 weeks Allowances. issued on October 10, 2002, and of separation from adversely-affected 7. ‘‘ATAA’’ means Alternative Trade published in the Federal Register on employment at wages less than those Adjustment Assistance program. November 14, 2002 (67 FR 69029). earned in the adversely-affected 8. ‘‘HCTC’’ means Health Coverage employment, may receive up to half of Tax Credit. B. Investigation Process the difference between the worker’s old 9. ‘‘WIA’’ means the Workforce In order to establish that petitioning wage and the new wage. The wage Investment Act of 1998. workers are eligible to apply for the subsidy may be paid up to a maximum 10. ‘‘SWA’’ means State Workforce ATAA program, DOL must first of $10,000 during a two-year eligibility Agency. determine that all of the criteria for a 11. ‘‘DTAA’’ means the Division of period. To be eligible for the ATAA regular TAA certification, as described Trade Adjustment Assistance. program, workers may not earn more in TEGL 11–02, are met. In addition, than $50,000 per year in the new A. Petitioning Process DOL must find that three additional employment. In addition, the worker Workers who seek the benefits and criteria are met for ATAA certification. group must be certified as eligible to services available under the ATAA These additional criteria are: apply for TAA benefits and meet other program must file a regular TAA 1. A significant number of adversely ATAA eligibility criteria listed below. petition which includes a request that affected workers in the petitioning Workers who begin receiving payments the worker group be considered for workers’ firm are 50 years of age or under the ATAA program cannot eligibility to apply for the ATAA older; receive other TAA benefits and services program. Section 246(a)(3)(A)(i) of the 2. The adversely affected workers in except for relocation allowances and the Trade Act states, ‘‘The Secretary shall the petitioning workers’ firm possess job Health Coverage Tax Credit (HCTC). skills that are not easily transferable to 4. Guiding Principle for ATAA provide the opportunity for a group of workers on whose behalf a petition is other employment; and Implementation. It is essential that the 3. The competitive conditions within Department of Labor (‘‘DOL’’), State filed under section [221] to request that the group of workers be certified for the the affected workers’ industry are Workforce Agencies (‘‘SWA’’), local adverse. One-Stop Career Center partners and alternative trade adjustment assistance program under this section at the time Obtaining data and other information other mission critical partners work necessary to determine that all three of together to move trade-affected workers the petition is filed.’’ Petition forms that are currently available do not provide these criteria are satisfied will be part of into new jobs as quickly and effectively the normal petition investigation as possible. To this end, the primary for such a request. Until revised petition forms are approved by the Office of process conducted by the Division of focus of ATAA reemployment benefits Trade Adjustment Assistance (DTAA). and services will be toward rapid, Management and Budget (OMB) and become available for use, we have Workers may transmit data with their suitable and long-term employment for petition for any or all of these criteria, adversely affected older workers served developed a supplemental form (attachment A) which may be used in which will be considered by DTAA in by the program. making its determination. 5. Operating Instructions. The the interim by petitioners seeking operating instructions are being issued certification to apply for the ATAA For criterion 1, information will be by DOL as the administrator of the TAA program. This supplement may be obtained by telephone communication program. As agents of the Secretary of provided by the states or may be with the appropriate company official Labor, the states and cooperating state accessed online at http:// from the subject firm as part of DTAA’s agencies may not vary from the www.doleta.gov/tradeact/petitions.cfm. investigation. For this purpose, the term operating instructions in this document Petitioners are not required to use the ‘‘significant number’’ means five without prior approval from DOL. supplemental form. However, the percent of the adversely affected Pending the issuance of regulations information requested on the workforce or 50 workers, whichever is implementing the provisions of the Act, supplemental form must be provided in less, or at least three workers in a firm these operating instructions constitute order for a petitioner to be considered with less than 50 adversely affected the controlling guidance to the states for eligibility under the ATAA program. workers. and the cooperating state agencies for Failure to submit the supplementary For criterion 2, the necessary implementing and administering the information with the petition means information will also be obtained ATAA program, under the agreements that DOL will not consider the worker through telephone communication with between the states and the Secretary of group for certification under the ATAA the appropriate company official at the Labor under Section 239 of the Act. program. A Federal Register Notice was subject firm. Specifically, the company For purposes of these operating published on July 7, 2003, seeking official will be asked to confirm that the instructions, the following definitions comments on the new form for the TAA worker group for whom a petition has will apply: program. Until the new form is been filed possesses job skills that are 1. The ‘‘Act’’ or the ‘‘Trade Act’’ approved, the process established for not easily transferable to other means the Trade Act of 1974, including interim use will remain in effect. employment, with a focus on what skills the 2002 Amendments set forth in P.L. In all other respects, the petition for the worker possesses. Should the 107–210. TAA, together with the supplemental company official be unable to provide 2. ‘‘DOL’’ means the U.S. Department form for the ATAA program, must meet information as to whether the skills are of Labor. all of the requirements for all TAA easily transferable, the state (e.g., Rapid 3. ‘‘ETA’’ means the Employment and petitions. These requirements are set Response or other appropriate unit) will Training Administration. forth in regulations at 29 CFR part 90. be asked to furnish the assessment.

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For criterion 3, information will be or will be impacted by increased reemployment services and assistance collected from government and industry imports or shifts in production to other available to him/her with the goal of association sources as part of DTAA’s countries. The ATAA program provides returning to work within 26 weeks of investigation process. Specifically, the an opportunity for adversely affected their qualifying separation in order to be information collected will be used to older workers who may not be eligible for ATAA. In making this determine if: (a) The number of firms in interested in retraining to take full choice, workers should avail themselves the industry is declining; or (b) the advantage of comprehensive of assistance from local Trade Act conditions (such as declining reemployment services and assistance coordinators and WIA employment production and/or employment) in the available through TAA, WIA and the managers. industry are such that the affected One-Stop system. While an adversely affected worker is workers are not likely to find new The ATAA program is an integral part seeking employment to qualify for the employment within the industry; or (c) of an enhanced menu of reemployment ATAA program, actions must be taken aggregate U.S. imports of products like services and assistance available to to ensure regular TAA deadlines are met or directly competitive with those eligible individuals through the Act. and options are preserved. Section 231 produced in the industry are increasing. State and local trade program staff of the Act imposed a deadline by which should be working closely with Rapid a worker must be enrolled in approved C. Determination Process Response teams and other local One- training, or have a waiver of this Whenever petitioners seek a Stop Career Center system partners to requirement, in order to be eligible for determination of eligibility to apply for ensure the dissemination of information TRA. This deadline is either 8 weeks the ATAA program, the determination regarding all aspects of the Trade Act after the issuance of the relevant document issued at the conclusion of program, including HCTC and ATAA, certification of eligibility to apply for the investigation will clearly state both prior to and following the TAA benefits or services or 16 weeks whether or not the petitioning workers notification of layoffs, petition filings after the worker’s most recent qualifying are eligible to apply for the ATAA and certifications. It is essential that separation, whichever is later program. This statement shall appear timely and accurate information about (commonly referred to as the 8/16 directly after the statement of eligibility the Trade Act program be provided to deadline). This 8/16 deadline applies to to apply for regular TAA. affected workers to facilitate more eligibility for all TRA, both basic and Determinations of eligibility to apply for informed decision-making and to additional. the ATAA program and for regular TAA, expedite their return to employment. The state should assess whether a reached under the same petition, will be Rapid Response activities for worker is entitled to a training waiver, issued together in the same potentially trade affected workers prior to the 8/16 week deadline for determination document. within the local One-Stop Career Center applying for training, based on one of Determinations of eligibility to apply for should include: the waiver criteria described below, as regular TAA and for the ATAA program, • Immediate and ongoing appropriate, which preserves the issued under the same petition, will dissemination of information on TAA, worker’s TRA eligibility if a job is not apply to the same identifiable worker HCTC, and ATAA, including early obtained within 26 weeks of the group. intervention measures prior to and worker’s qualifying separation. The Certifications issued based upon TAA following notices of layoff. waiver criteria are: petitions filed before August 6, 2003, • Distribution of available TAA, 1. Recall.—The worker has been can only be for eligibility to apply for HCTC, and ATAA posters, brochures, notified that the he/she will be recalled regular TAA. No active certification of Web sites, fact sheets, desk aids, videos, by the firm from which the separation eligibility to apply for regular TAA will and public service announcements. occurred. be amended to include certification of • Presentations regarding TAA, 2. Marketable Skills.—The worker eligibility to apply for the ATAA HCTC, and ATAA to Chambers of possesses marketable skills for suitable program. However, if DTAA has not yet Commerce and other employer employment (as determined pursuant to issued a determination of eligibility for organizations, organized labor, an assessment of the worker, which may TAA, the petitioner may withdraw the economic development agencies, state include the profiling system under TAA petition and submit a new petition and local elected officials, community- section 303(j) of the Social Security Act requesting both TAA and ATAA (which based organizations, and faith-based (42 U.S.C. 503(j)), carried out in will create a new impact date, and, thus, organizations. accordance with guidelines issued by may jeopardize the eligibility of certain • Upon request, provision of the Secretary) and there is a reasonable workers who may have been included in information to DTAA investigators with expectation of employment at the withdrawn petition). The date of respect to the transferability of worker equivalent wages in the foreseeable issuance is considered the date on the job skills to other employment for future. determination document. determination of ATAA group 3. Retirement.—The worker is within Requests for reconsiderations and/or eligibility. 2 years of meeting all requirements for judicial review of ATAA determinations E. Eligibility Requirements entitlement to either— are the same as under the regular a. Old-age insurance benefits under petition process for TAA. After the issuance of a certification of title II of the Social Security Act (42 eligibility to apply for TAA and ATAA U.S.C. 401 et. seq.) (except for D. Rapid Response Activities and when the adversely affected worker application therefore); or The implementation of the ATAA is fully informed of the benefits and b. A private pension sponsored by an program provides additional services available under the TAA and employer or labor organization. opportunities for Trade Act coordinators ATAA programs, the worker will need 4. Health.—The worker is unable to and other local One-Stop Career Center to consider the choice of benefits and participate in training due to the health partners to work more closely with state services under one program or the other. of the worker, except that a waiver and local Rapid Response teams to If the worker’s preferred option is the under this subparagraph shall not be enhance the provision of information ATAA program, the worker should be construed to exempt a worker from and services to workers who have been encouraged to take advantage of requirements relating to the availability

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for work, active search for work, or statement indicating that annual wages period of two years has elapsed since refusal to accept work under Federal or will not exceed $50,000. their first qualifying reemployment, State unemployment compensation 4. Be reemployed full-time as defined whichever occurs first. Nothing in the laws. by the state law where the worker is statute precludes an individual from 5. Enrollment Unavailable.—The first employed. The verification will be working for different employers within available enrollment date for the conducted in the same manner as is this two-year period. Further, approved training of the worker is used for determining UI benefits. employment is not required to be within 60 days after the date of the 5. Cannot return to work to the consecutive. However, ATAA benefits determination made under this employment from which the worker was are not payable during periods of paragraph, or, if later, there are separated. Thus, the worker cannot unemployment (i.e., one full week extenuating circumstances for the delay return to the same division/facility that without wages). Changes in employment in enrollment, as determined pursuant he/she was separated from nor can the that do not encompass a period of to guidelines issued by the Secretary. worker do the same or similar work for unemployment will be handled during 6. Training Not Available.—Training the employer that he/she was separated the state’s ongoing review of each approved by the Secretary is not from in another division/facility. worker’s ATAA status, as described reasonably available to the worker from The application for ATAA must be below. In the event of a period of either governmental agencies or private filed within two years of the first day of unemployment, workers will need to sources (which may include area qualifying reemployment. For purposes complete a new Individual Application vocational education schools, as defined of this application, and in order to for ATAA upon reemployment. The in section 3 of the Carl D. Perkins establish the ATAA payment, wages at worker would be eligible for the Vocational and Technical Education Act separation are defined as the annualized remaining ATAA benefits to which he/ of 1998 (20 U.S.C. 2302), and hourly rate at the time of the most she is entitled. The two-year eligibility employers), no training that is suitable recent separation, which is set forth in period continues to run from the date of for the worker is available at reasonable Section G of this TEGL, ‘‘ATAA first qualifying reemployment. cost, or no training funds are available. Payments.’’ Wages at reemployment are In the event a worker has more than All workers should be informed that, defined as the annualized hourly rate at one job, the employment must, at a if they anticipate not being able to the time of reemployment, which is also minimum, meet the definition of full- obtain a job within 26 weeks of their set forth in Section G. In addition, the time work as defined by state law. If qualifying separation, they should worker must indicate that a ‘‘choice’’ additional job(s) are obtained, the wages contact their local One-Stop Career has been made and that she/he from this employment will be included Center immediately, and consider understands that she/he cannot in the calculation to determine whether seeking the TAA benefits, including subsequently switch to the TAA the worker is expected to reach the training to which they are entitled. program once she/he begins receiving $50,000 annual limit for reemployment While ATAA participants are eligible the ATAA supplement. Receipt of the wages. for HCTC, they are only eligible once initial ATAA payment represents the Each certified worker for ATAA will they are participating in the ATAA individual’s decision with respect to need to visit a state or local office in program and receiving a benefit under choosing ATAA and voids the person to provide information and the program. Thus, if workers participant’s rights to retraining, determine initial individual eligibility considering ATAA have not become allowances and TRA. Correspondingly, for ATAA. If the individual is reemployed and are in need of HCTC, once a worker has enrolled in training, determined to be eligible for ATAA, the the Trade Act coordinator should assess he/she forfeits his/her right to ATAA state will need to assess continuing whether a training waiver might be participation. eligibility for the ATAA program. The appropriate under one of the The State TAA Coordinator will issue worker will need to provide verification enumerated criteria. As with all training a written determination informing the of employment and wages that will be waivers, any waivers issued should be ATAA applicant of eligibility for ATAA used to determine continuing eligibility reviewed every 30 days to determine payments within 5 working days of for ATAA benefits on at least a monthly their continued applicability. In cases receiving the worker’s application for basis. The state can choose to have the where the waiver is no longer such benefits. If approved, the State worker come to the local office and appropriate, it should be revoked. TAA Coordinator will also notify the provide documentation to the staff, or To be eligible for ATAA, an appropriate state payment unit and the state has the option to accept proof individual must meet the following other appropriate component offices of continuing eligibility by mail, fax, or conditions at the time of reemployment: within the state. The ATAA applicant some other means to verify proof of 1. Be at least age 50 at time of has the right to appeal a state employment and wages. However, the reemployment. The individual’s age can determination which denies ATAA state may not use telephone certification be verified with a driver’s license or benefits in the same manner as provided in these instances. other appropriate documentation. for in state law for TRA determinations. In either alternative, the state must 2. Obtain reemployment by the last For purposes of the ATAA program, have documented verification of the day of the 26th week after the worker’s the eligibility determination date, which individual worker’s employment and qualifying separation from the TAA/ establishes the two-year period during wage status on at least a monthly basis. ATAA certified employment. This which ATAA benefits can be paid, will The information provided at the local reemployment may be verified with a be the date of the first qualifying level will need to be forwarded to the copy of the job offer letter or a check reemployment. State TAA Coordinator for review and stub. approval. Once the TAA Coordinator 3. Must not be expected to earn more F. Continuing Eligibility approves the information, the state than $50,000 annually in gross wages Once approved for the ATAA payment unit, local office, and worker (excluding overtime pay) from the program, individuals who continue to will be notified and the worker will reemployment. If a paycheck has not meet the eligibility criteria are paid receive equivalent payment for the been issued at the time of application, ATAA benefits until a total of $10,000 preceding month on a weekly, biweekly, the employer must submit a supporting in benefits has been received, or a or other basis as determined by the state

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as long as the calculated monthly include all jobs in which the worker is made for that month based on allotment is not exceeded. The worker employed and constitute at least full- projections for the yearly annual wage will receive at least a minimum monthly time employment as defined by the that later changed based on information payment. Because the worker will state. This may include any that was not available at the time that receive the ATAA wage subsidy for the combination of full- and part-time work the monthly determination was made. preceding period for which she/he has that meets or exceeds full-time Monthly payments derived from the demonstrated eligibility, the worker will employment. annualized wage projection based on not receive payment until after the Annualized wages at separation are complete and accurate information at initial month has been verified by the defined as the annualized hourly rate at the time will be considered valid TAA Coordinator. the time of the most recent qualifying payments that the individual was With respect to HCTC, the SWAs are separation. The annualized wages are entitled to, and are not considered required to report ATAA recipients computed by multiplying the worker’s overpayments. (workers who are receiving the ATAA hourly rate received during the last full In instances where there are wage subsidy) to the Internal Revenue week of his/her employment by the overpayments, due to error or fraud, for Service (IRS) in the manner described in number of hours the individual worked example, the state should adhere to the Unemployment Insurance Program during the last full week of employment overpayment provisions of the Trade Letter (UIPL) 24–03, dated April 14, and multiplying that number by 52. Act regulations at 20 CFR 617.55. 2003. Overtime wages and hours are excluded I. Documentation of Benefit History from the calculation. Annualized wages G. ATAA Payments at reemployment are defined similarly It is suggested that the state maintain Section 246(a)(4) of the Trade Act to annualized wages at separation, a manual or automated benefit history provides that a State shall use the funds except that the hourly rate and hours for the ATAA recipient for a period of provided under section 241 to pay for a worked must reflect those of the first no less than three years for audit period not to exceed two years to a full week of reemployment. purposes. It is suggested that the benefit worker described in Section The calculated monthly allotment history include the following: 246(a)(3)(B), 50 percent of the difference will be derived as follows: • Claimant name. between: • Social Security Number. (i) The wages received by the worker Wage Calculation Methodology • Certified TAA Petition Number. from reemployment; and Annualized Separation Wages minus • Reemployment hourly wages and (ii) The wages received by the worker Annualized Reemployment Wages hours worked per week. at the time of separation. divided by 2 equals 50% of the • Weekly Reemployment Earnings (or Section 246(a)(4) supplements an difference between the two periods of biweekly or other employer payment individual’s wages for up to two years wages. schedule). or $10,000, whichever occurs first, by an 50% of the difference between the • Address changes including phone amount equal to 50 percent of the two periods of wages divided by 12 numbers. difference between the wages earned equals the monthly ATAA wage • Status of full time work each week. from the adversely affected employer subsidy. • Date of birth. and the new employment obtained after If, as a result of the monthly • Separation hourly wages and hours separation from adversely affected verification exercise, the participant’s worked per week. employment that is approved for ATAA hourly wage and/or hours are • Separation wages with the payments. determined to have changed in such a Adversely Affected Employer. An individual receiving this benefit way as to affect the ATAA wage • Projected wage with the new may receive TAA relocation benefits subsidy, the state will repeat the above employer. and the HCTC, but is not eligible to calculation and adjust the ATAA • Weekly benefit amounts. receive any other benefits, including payment accordingly. • Cumulative payments made under training, TRA payments, and job search The ATAA wage subsidy will be paid the ATAA Program. allowances. The ATAA supplement on a weekly, biweekly, or other payment • Individuals remaining balance shall cease in the event of one of the frequency not to exceed monthly, as under the $10,000 maximum amount following: established by the state, ensuring that time remaining under the two-year • The individual’s annualized wage, the total payment does not exceed the eligibility period. excluding the ATAA wage subsidy, is $10,000 maximum over a two-year J. Funding projected to exceed $50,000 a year. period. • The individual has received SWAs will follow the current ATAA benefits for FY 2003 will be $10,000 in ATAA benefits. interstate arrangement for the regular UI paid from the FY 2003 Federal • The worker has reached the end of program regarding the agent/liable state Unemployment Benefit Account (FUBA) the two-year eligibility period. relationship for the filing of ATAA from which TRA benefits are paid. The choice of payment unit for paying claims. ATAA administrative costs, relating the ATAA wage subsidy is a state to payment of ATAA benefits, are paid responsibility. However, the H. Overpayments from funds appropriated for TAA organizational placement of this The determination of ‘‘annualized administration under the State payment by the state must meet wages’’ is made prospectively. An Unemployment Insurance and Governmental Accounting Standards individual is deemed to have met the Employment Services Operations Board requirements. It is the ‘‘earns not more than $50,000 a year in (SUIESO) account which supports TRA responsibility of the SWA when wages from reemployment’’ requirement payments. Creating the list of ATAA calculating the ATAA payment to set forth in section 246 for a given recipients for HCTC eligibility must be annualize the recipient’s wages on a month if the monthly determination of funded in the same manner as creation monthly basis to assure that the annualized wages is accurate and of the list of eligible TAA recipients. recipient’s annual wages do not exceed complete at the time it is made. No No benefit payments may be made by $50,000. Annual wage calculations will overpayment determinations need be a state after the date that is 5 years from

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the date on which the state implements Criterion that must be met for group DEPARTMENT OF LABOR an ATAA program (the ‘‘termination certification include: Occupational Safety and Health date’’) except for workers who are 1. A significant number of adversely Administration receiving payments under the ATAA affected workers in the petitioning program at the time of the termination workers’ firm are 50 years of age or date. Such workers will continue to Federal Advisory Council on older; receive payments throughout the Occupational Safety and Health: Notice worker’s two-year eligibility period. 2. The adversely affected workers in of Meeting the petitioning workers’ firm possess job K. Reporting Requirements Notice is hereby given of the date and skills that are not easily transferable to location of the next meeting of the In order to monitor and manage the other employment; and Federal Advisory Council on ATAA program for results, a quarterly 3. The competitive conditions within Occupational Safety and Health activity report will be required. This the adversely affected workers industry (FACOSH), established under Section report has been designed and will be are adverse. 1–5 of Executive Order 12196 on provided to OMB in the near future for February 6, 1980, published in the review and approval. Once approval is Additional criteria that must be met for individual eligibility include: Federal Register, February 27, 1980 (45 obtained, implementation instructions FR 1279). will be issued. Our intention is to have 1. A worker must be at least 50 years FACOSH will meet on November 8, the report submitted via a Web-based of age 2004 starting at 1:30 p.m., in Room N– interface. 2. The worker must obtain different, 3437 A/B/C of the Department of Labor 6. Action Required. States must full-time reemployment within 26 Frances Perkins Building, 200 ensure that the state workforce weeks of separation from adversely Constitution Avenue, NW., Washington, investment system is able to implement affected employment DC 20210. The meeting will adjourn at the ATAA program and make payments approximately 4:30 p.m., and will be 3. Reemployment wages on an average to eligible program participants for open to the public. Anyone wishing to petitions filed on or after August 6, annual basis must be less than wages attend this meeting must exhibit photo 2003. earned in the adversely affected identification to security personnel 7. Inquiries. States should direct all employment upon entering the building. inquiries to the appropriate ETA 4. The worker may not earn more than Agenda items will include: Regional Office. $50,000 per year in new employment 1. Call to Order Attachment A: Request for 5. The worker must be certified as 2. Old Business Determination of Eligibility to Apply for eligible to apply for TAA benefits a. Federal Recordkeeping Change the Alternative Trade Adjustment b. SHARE Initiative Assistance (ATAA) Program for Older These reporting requirements are c. Field Safety and Health Council Workers approved under the Paperwork Awards Ceremony and Training Reduction Act of 1995, OMB Control Attachment A Conference No. 1205–0442, expiring 10/31/2003. d. Federal Agency Training Week OMB APPROVAL NO. 1205–0442 Persons are not required to respond to e. VPP/Partnerships Expiration date: 10/31/2003 this collection of information unless it New Business REQUEST FOR DETERMINATION OF displays a currently valid OMB number. a. Seatbelt Safety ELIGIBILITY TO APPLY FOR THE Public reporting burden for this 3. Adjournment ALTERNATIVE TRADE collection of information is estimated to Written data, views, or comments may ADJUSTMENT ASSISTANCE (ATAA) average 60 seconds per response, be submitted, preferably with 20 copies, PROGRAM FOR OLDER WORKERS including the time for reviewing to the Office of Federal Agency Programs at the address provided below. Suggested Supplement to Petition for instructions, searching existing data All such submissions received by Trade Adjustment Assistance sources, gathering and reviewing the collection of information. Respondent’s November 1, 2004 will be provided to In addition to a determination of obligation to reply is required to obtain the Federal Advisory Council members eligibility to apply for regular TAA, do or retain benefits. (Section 246 of the and included in the meeting record. the petitioners seek a determination of Trade Act of 1974, as amended by the Anyone wishing to make an oral eligibility to apply for the Alternative Trade Act of 2002). Send comments presentation should notify the Office of Trade Adjustment Assistance (ATAA) Federal Agency Programs by the close of regarding this burden estimate or any Older Workers Program for workers 50 business on November 3, 2004. The other aspect of this collection, including years of age or older? If so, check ‘‘yes’’ request should state the amount of time below and attach to the Petition for suggestions for reducing this burden, desired, the capacity in which the Trade Adjustment Assistance. send them to the U.S. Department of person will appear, and a brief outline Yes ll Labor, Division of Trade Adjustment of the presentation’s content. Those who If you do not check ‘‘yes’’ above, the Assistance, Room c–5311, 200 request the opportunity to address the petitioning worker group will not be Constitution Ave., NW, Washington, Federal Advisory Council may be considered for eligibility certification D.C. 20210 (Paperwork Reduction allowed to speak, as time permits, at the under the ATAA program. If you do Project 1205–0442). discretion of the Chairperson. check yes, and the worker group is [FR Doc. E4–2595 Filed 10–12–04; 8:45 am] Individuals with disabilities who need determined to be eligible for the ATAA BILLING CODE 4510–30–P special accommodations and wish to program, the individual workers within attend the meeting should contact the certified worker group who meet Thomas Marple at the address indicated individual ATAA eligibility criteria will below. have the option of choosing ATAA or For additional information, please TAA benefits and services. contact Thomas K. Marple, Acting

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Director, Office of Federal Agency date/place of birth; citizenship; visa/ Avenue, NW., Washington, DC, 20506 Programs, U.S. Department of Labor, green card information (number, type, as follows: Occupational Safety and Health expiration date); passport information Presenting (Access to Artistic Administration, Room N–3622, 200 (number, country, expiration date); Excellence): November 8–9, 2004, Room Constitution Avenue, NW., Washington, employer/affiliation information (name 714. This meeting, from 9 a.m. to 5:30 DC 20210, telephone number (202) 693– of institution, address, country, phone); p.m. on November 8th, and from 9 a.m. 2122. An official record of the meeting title/position of attendee. To expedite to 4 p.m. on November 9th, will be will be available for public inspection at admittance, attendees with U.S. closed. the Office of Federal Agency Programs. citizenship can provide identifying Media Arts (Access to Artistic information in advance by contacting Excellence): November 8–10, 2004, Signed at Washington, DC, this 5th day of Room 716. This meeting, from 9 a.m. to October 2004. Marian Norris via email at [email protected] or by telephone at 6 p.m. on November 8th and 9th, and John L. Henshaw, from 9 a.m. to 5 p.m. on November 10th, Assistant Secretary of Labor for Occupational (202) 358–4452. It is imperative that the meeting be held on these dates to will be closed. Safety and Health. Theater (Access to Artistic [FR Doc. 04–22910 Filed 10–12–04; 8:45 am] accommodate the scheduling priorities of the key participants. Excellence): November 8–10, 2004, BILLING CODE 4510–26–M Room 730. A portion of this meeting, R. Andrew Falcon, from 2 p.m. to 3:15 p.m. on November Advisory Committee Management Officer, 10th, will be for policy discussion and NATIONAL AERONAUTICS AND National Aeronautics and Space will be open to the public. The SPACE ADMINISTRATION Administration. remainder of the meeting, from 9:30 [FR Doc. 04–22973 Filed 10–12–04; 8:45 am] [Notice 04–111] a.m. to 6 p.m. on November 8th, from BILLING CODE 7510–13–P 9:30 a.m. to 6:30 p.m. on November 9th, NASA Space Science Advisory and from 9:30 a.m. to 2 p.m. and 3:15 Committee, Solar System Exploration p.m. to 5 p.m. on November 10th, will Subcommittee; Meeting NATIONAL ARCHIVES AND RECORDS be closed. ADMINISTRATION Arts Education (Learning in the Arts AGENCY: National Aeronautics and for Children & Youth, Panel D1): Space Administration (NASA). Advisory Committee on Presidential November 22, 2004, Room 716. A ACTION: Notice of Meeting. Libraries Meeting portion of this meeting, from 4:30 p.m. to 5 p.m., will be for policy discussion SUMMARY: The National Aeronautics and Notice is hereby given that the and will be open to the public. The Space Administration announces a Advisory Committee on Presidential remainder of the meeting, from 8:30 meeting of the NASA Space Science Libraries will meet on October 19, 2004, a.m. to 4:30 p.m. and 5 p.m. to 5:30 Advisory Committee (SScAC), Solar from 2 p.m. to 4:30 p.m., in the p.m., will be closed. System Exploration Subcommittee Washington Conference Room, at the Arts Education (Learning in the Arts (SSES). National Archives Building 8th and for Children & Youth, Panel C2): Pennsylvania Avenue, NW., DATES: Thursday, October 21, 2004, 8:30 November 29–30, 2004, Room 714). A Washington, DC. portion of this meeting, from 4:15 p.m. a.m. to 5:30 p.m., and Friday, October The agenda for the meeting will be the 22, 2004, 8:30 a.m. to 12:30 p.m. to 4:45 p.m. on November 30th, will be Presidential library program and a for policy discussion and will be open ADDRESSES: NASA Headquarters, Room discussion of critical issues. to the public. The remainder of the 9H40, 300 E Street, SW., Washington, The meeting will be open to the meeting, from 9 a.m. to 6 p.m. on DC 20546. public. November 29th, and from 9 a.m. to 4:15 FOR FURTHER INFORMATION CONTACT: Dr. FOR FURTHER INFORMATION CONTACT: p.m. and 4:45 p.m. to 5:30 p.m. on Michael H. New, Science Mission Richard L. Claypoole at (301) 837–3250. November 30th, will be closed. Directorate, National Aeronautics and This notice is published less than 15 Arts Education (Learning in the Arts Space Administration, Washington, DC calendar days before the meeting for Children & Youth, Panel C3): 20546, (202) 358–1766, because of scheduling difficulties. December 1, 2004, Room 714. A portion [email protected]. Dated: October 8, 2004. of this meeting, from 4:45 p.m. to 5:15 SUPPLEMENTARY INFORMATION: The Patrice Murray, p.m., will be for policy discussion and meeting will be open to the public up Alternate Committee Management Officer. will be open to the public. The to the seating capacity of the room. The [FR Doc. 04–23030 Filed 10–12–04; 8:45 am] remainder of the meeting, from 8:30 agenda for the meeting is as follows: a.m. to 4:45 p.m. and 5:15 p.m. to 5:45 BILLING CODE 7515–01–P • Status of Solar System Exploration p.m., will be closed. • Status of Mars Exploration Program The closed portions of meetings are • Strategic Roadmaps Review for the purpose of Panel review, Discussion NATIONAL FOUNDATION ON THE discussion, evaluation, and • Transformation and the ARTS AND THE HUMANITIES recommendation on applications for Subcommittee Structure National Endowment for the Arts; Arts financial assistance under the National Attendees will be requested to sign a Advisory Panel Foundation on the Arts and the register and to comply with NASA Humanities Act of 1965, as amended, security requirements, including the Pursuant to Section 10(a)(2) of the including information given in presentation of a valid picture ID, before Federal Advisory Committee Act (Pub. confidence to the agency by grant receiving an access badge. Foreign L. 92–463), as amended, notice is hereby applicants. In accordance with the nationals attending this meeting will be given that six meetings of the Arts determination of the Chairman of April required to provide the following Advisory Panel to the National Council 14, 2004, these sessions will be closed information no less than 3 working days on the Arts will be held at the Nancy to the public pursuant to subsection (c) prior to the meeting: full name; gender; Hanks Center, 1100 Pennsylvania (6) of 5 U.S.C. 552b.

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Any person may observe meetings, or NUCLEAR REGULATORY The NRC Commission Meeting portions thereof, of advisory panels that COMMISSION Schedule can be found on the Internet are open to the public, and if time at: www.nrc.gov/what-we-do/policy- allows, may be permitted to participate Sunshine Act Meeting making/schedule.html. in the panel’s discussions at the * * * * * DATE: Weeks of October 11, 18, 25, discretion of the panel chairman. November 1, 8, 15, 2004 The NRC provides reasonable accommodation to individuals with If you need special accommodations PLACE: Commissioners’ Conference disabilities where appropriate. If you due to a disability, please contact the Room, 11555 Rockville Pike, Rockville, Office of AccessAbility, National need a reasonable accommodation to Maryland participate in these public meetings, or Endowment for the Arts, 1100 STATUS: Public and Closed need this meeting notice or the Pennsylvania Avenue, NW., MATTERS TO BE CONSIDERED: transcript or other information from the Washington, DC 20506, 202/682–5532, Week of October 11, 2004 public meetings in another format (e.g. TDY–TDD 202/682–5496, at least seven braille, large print), please notify the (7) days prior to the meeting. 9:30 a.m. Briefing on NRC’s Disability Program Coordinator, Further information with reference to Decommissioning Activities and August Spector, at 301–415–7080, TDD: these meetings can be obtained from Ms. Status (Public Meeting) (Contact: 301–4152100, or by e-mail at Kathy Plowitz-Worden, Office of Claudia Craig, 30–415–7276) [email protected]. Determinations on This meeting will be webcast live at Guidelines & Panel Operations, National requests for reasonable accommodation the Web address www.nrc.gov. will be made on a cast-by-case basis. Endowment for the Arts, Washington, 1:30 p.m. Discussion of This notice is distributed by mail to DC, 20506, or call 202/682–5691. Intragovernmental Issues (Closed— several hundred subscribers; if you no Ex. 1 & 9) Dated: October 6, 2004. longer wish to receive it, or would like Kathy Plowitz-Worden, Week of October 18, 2004–Tentative to be added to the distribution, please Panel Coordinator, Panel Operations, There are no meetings scheduled for contact the Office of the Secretary, National Endowment for the Arts. the Week of October 18, 2004 Washington, DC 20555 (301–415–1969). [FR Doc. 04–22912 Filed 10–12–04; 8:45 am] In addition, distribution of this meeting BILLING CODE 7537–01–P Week of October 25, 2004—Tentative notice over the Internet system is There are no meeting scheduled for available. If you are interested in the Week of October 25, 2004 receiving this Commission meeting schedule electronically, please send an NATIONAL SCIENCE FOUNDATION Week of November 1, 2004—Tentative electronic message to [email protected]. There are no meetings scheduled for October 7, 2004. Notice of Permits Issued Under the the Week of November 1, 2004 Dave Gamberoni, Antarctic Conservation Act of 1978 Week of November 8, 2004—Tentative Office of the Secretary. AGENCY: National Science Foundation. Monday, November 8, 2004 [FR Doc. 04–23003 Filed 10–8–04; 9:50 am] BILLING CODE 7590–01–M ACTION: Notice of permits issued under 2 p.m. Briefing on Plant Aging and the Antarctic Conservation of 1978, Material Degradation Issues (Public Meeting) (Contact: Steve Koenick, Public Law 95–541. PACIFIC NORTHWEST ELECTRIC 301–415–1239) This meeting will be webcast live at POWER AND CONSERVATION SUMMARY: The National Science the Web address www.nrc.gov. PLANNING COUNCIL Foundation (NSF) is required to publish notice of permits issued under the Tuesday, November 9, 2004 Northwest Power and Conservation Planning Council Power Plan Draft Antarctic Conservation Act of 1978. 9:30 a.m. Briefing on Reactor Safety Amendments This is the required notice. and Licensing Activities (Public FOR FURTHER INFORMATION CONTACT: Meeting) (Contact: Steve Koenick, AGENCY: Pacific Northwest Electric Nadene G. Kennedy, Permit Office, 301–415–1239) Power and Conservation Planning This meeting will be webcast live at Office of Polar Programs, Rm. 755, Council (Northwest Power and the Web address www.nrc.gov. National Science Foundation, 4201 Conservation Council; Council). Wilson Boulevard, Arlington, VA 22230. Week of November 15, 2004—Tentative ACTION: Notice of availability of Draft Fifth Northwest Conservation and SUPPLEMENTARY INFORMATION: On August Tuesday, November 16, 2004 Electric Power Plan. 9, 2004 and September 2, 2004, the 9:30 a.m. Briefing on Threat National Science Foundation published Environment Assessment (Closed— SUMMARY: Following the mandate set out a notice in the Federal Register of a Ex. 1) in the Pacific Northwest Electric Power permit application received. Permits Planning and Conservation Act of 1980 Wednesday, November 17, 2004 were issued on October 5, 2004 to: (U.S.C. 839 et seq.) (the Act), in April 9:30 a.m. Discussion of Security 1983 the Council adopted a regional Scott Borg—Permit No. 2005–011. Issues (Closed—Ex. 1) power plan, the Northwest Conservation Bruce C. Sidell—Permit No. 2005– * The schedule for Commission meetings is and Electric Power Plan (the plan). The 015. subject to change on short notice. To verify plan was completely amended in 1986. Although the Act requires the Council Nadene G. Kennedy, the status of meetings call (recording)—(301) 415–1292. Contact person for more to review the plan at least every five Permit Officer. information: Dave Gamberoni, (301) 415– years, the Council has taken up certain [FR Doc. 04–22972 Filed 10–12–04; 8:45 am] 1651. parts of the plan more often, to respond BILLING CODE 7555–01–M * * * * * to ongoing changes in the adequacy,

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efficiency, reliability and affordability of If you are submitting comments on and electric power in the region and to the draft plan, please note prominently Joseph F. Lackey, OPM Desk Officer, incorporate the most recent technology that you are commenting on Council Office of Information and Regulatory and analysis. The Council amended the Document 2004–12. Comments may be Affairs, Office of Management & plan in 1989 by publishing the 1989 submitted by mail, by facsimile Budget, New Executive Office Supplement to the 1986 Power Plan, transmission (FAX), or by electronic Building, NW., Room 10235, updating certain technical data. In 1991 mail at: [email protected]. Washington, DC 20503. and 1998, the Council adopted complete Stephen L. Crow, FOR FURTHER INFORMATION CONTACT: amendments of the plan. Review of the Cyrus S. Benson, Team Leader, plan began in 2002 and in September Executive Director. [FR Doc. 04–22909 Filed 10–12–04; 8:45 am] Publications Team, Administrative 2004, the Council released for public Services Branch, (202) 606–0623. comment the Draft Fifth Power Plan. BILLING CODE 7905–01–P Hearings in each of the four Northwest Office of Personnel Management. States will be scheduled during the Kay Coles James, comment period, as required by the Act. OFFICE OF PERSONNEL Director. SUPPLEMENTARY INFORMATION: With the MANAGEMENT [FR Doc. 04–22897 Filed 10–12–04; 8:45 am] draft Fifth Power Plan, as with the First BILLING CODE 6325–38–P Submission for OMB Review; Power Plan, the Council responds to the Comment Request for Review of a impacts of a regional electric power Currently Approved Information crisis. The draft plan builds on the OFFICE OF PERSONNEL Collection: RI 98–7 lessons of the Western electricity crisis MANAGEMENT of 2000 and 2001 and recommends AGENCY: Office of Personnel Submission for OMB Review; actions the Council believes will help Management. Comment Request for Review of a the region reduce the risks of an ACTION: Notice. Revised Information Collection: RI 25– uncertain future and secure an 51 adequate, efficient, economical, and SUMMARY: In accordance with the reliable power supply. Paperwork Reduction Act of 1995 (Pub. AGENCY: Office of Personnel The draft plan meets the requirements L. 104–13, May 22, 1995), this notice Management. of the Act, which specifies the announces that the Office of Personnel ACTION: Notice. components the plan is to have. The Act Management (OPM) has submitted to requires the plan to include among the Office of Management and Budget SUMMARY: In accordance with the other elements, an energy conservation (OMB) a request for review of a Paperwork Reduction Act of 1995 (Pub. program, a recommendation for research currently approved information L. 104–13, May 22, 1995), this notice and development; a methodology for collection. RI 98–7, We Need Important announces that the Office of Personnel determining quantifiable environmental Information About Your Eligibility for Management (OPM) has submitted to costs and benefits; a 20-year demand Social Security Disability Benefits, is the Office of Management and Budget forecast; a forecast of power resources used by OPM to verify receipt of Social (OMB) a request for review of a revised that the Bonneville Power Security Administration (SSA) information collection. RI 25–51, Civil Administration will need to meet its disability benefits, to lessen or avoid Service Retirement System (CSRS) obligations; an analysis of reserve and overpayment to Federal Employees Survivor Annuitant Express Pay reserve reliability requirements; and a Retirement System (FERS) disability Application for Death Benefits, will be surcharge methodology. The plan also retirees. It notifies the annuitant of the used by the Civil Service Retirement includes the Council’s Columbia River responsibility to notify OPM if SSA System solely to pay benefits to the Basin Fish and Wildlife Program, benefits begin and the overpayment that widow(er) of an annuitant. This developed pursuant to other procedural will occur with the receipt of both application is intended for use in requirements under the Act. benefits. immediately authorizing payments to an The Council will give notice of Approximately 3,000 RI 98–7 forms annuitant’s widow or widower, based opportunities for oral comment at will be completed annually. The form on the report of death, when our records hearings throughout the Northwest both takes approximately 5 minutes to show the decedent elected to provide in mailed notices and on its Web site. complete. The annual burden is 250 benefits for the applicant. Close of comment for written comments hours. Approximately 34,800 RI 25–51 forms is 5 p.m. Friday, November 19, 2004. For copies of this proposal, contact are completed annually. The form takes The Council also may hold Mary Beth Smith-Toomey on (202) 606– approximately 30 minutes to complete. consultations on the draft plan during 8358, FAX (202) 418–3251 or via e-mail The annual burden is 17,400 hours. the public comment period. to [email protected]. Please include a For copies of this proposal, contact FOR FURTHER INFORMATION CONTACT: If mailing address with your request. Mary Beth Smith-Toomey on (202) 606– you would like a copy of the Draft Fifth DATES: Comments on this proposal 8358, FAX (202) 418–3251 or via e-mail Power Plan, please contact the Council’s should be received within 30 calendar to [email protected]. Please include a central office and ask for Council days from the date of this publication. mailing address with your request. Document 2004–12. The Council’s ADDRESSES: Send or deliver comments DATES: Comments on this proposal address is 851 SW., Sixth Avenue, Suite to— should be received within 30 calendar 1100, Portland, Oregon 97204. The Ronald W. Melton, Deputy Assistant days from the date of this publication. Council’s telephone numbers are 503– Director, Retirement Services ADDRESSES: Send or deliver comments 222–5161, and 800–452–5161; the Program, Center for Retirement and to— Council’s FAX is 503–820–2370. The Insurance Services, U.S. Office of Ronald W. Melton, Chief Operations Draft Fifth Power Plan is also found on Personnel Management, 1900 E Street, Support Group, Center for Retirement the Council’s Web site: http:// NW., Room 3305, Washington, DC and Insurance Services, U.S. Office of www.nwcouncil.org. 20415–3540; Personnel Management, 1900 E Street,

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NW., Room 3305, Washington, DC Adoption of PCAOB Auditing Standard d. The seventh bullet point of 20415–3540; No. 2, ‘‘An Audit Of Internal Control paragraph .06 is amended to read as and Over Financial Reporting Performed In follows: The auditor is responsible for Joseph F. Lackey, OPM Desk Officer, Conjunction With An Audit Of conducting the audit in accordance with Office of Information and Regulatory Financial Statements’’ the standards of the Public Company Accounting Oversight Board. Those Affairs, Office of Management & Auditing Standards standards require that the auditor: Budget, New Executive Office • Integrated audit of financial Building, NW., Room 10235, AU Sec. 310, ‘‘Appointment of the Independent Auditor’’ statements and internal control over Washington, DC 20503. financial reporting: Obtain reasonable FOR FURTHER INFORMATION CONTACT: Statement on Auditing Standards assurance about whether the financial Cyrus S. Benson, Team Leader, (‘‘SAS’’) No. 1, ‘‘Codification of statements are free of material Publications Team, Support Group, Auditing Standards and Procedures,’’ misstatement, whether caused by error (202) 606–0623. AU sec. 310, ‘‘Appointment of the or fraud, and whether management’s Independent Auditor,’’ as amended by U.S. Office of Personnel Management. assessment of the effectiveness of the SAS No. 45, ‘‘Omnibus Statement on company’s internal control over Kay Coles James, Auditing Standards-1983,’’ SAS No. 83, Director. financial reporting is fairly stated in all ‘‘Establishing an Understanding With material respects. Accordingly, there is [FR Doc. 04–22898 Filed 10–12–04; 8:45 am] the Client,’’ and SAS No. 89, ‘‘Audit some risk that a material misstatement BILLING CODE 6325–38–P Adjustments’’ (AU sec. 310, of the financial statements or a material ‘‘Appointment of the Independent weakness in internal control over Auditor’’), is amended as follows: financial reporting would remain SECURITIES AND EXCHANGE a. The first sentence of paragraph .06 undetected. Although not absolute COMMISSION is amended to read as follows: An assurance, reasonable assurance is, understanding with the client generally [Release No. 34–50495; File No. PCAOB– nevertheless, a high level of assurance. 2004–07] includes the following matters. Also, an integrated audit is not designed b. The first bullet point of paragraph to detect error or fraud that is Public Company Accounting Oversight .06 is amended to read as follows: The immaterial to the financial statements or Board; Notice of Filing of Proposed objective of the audit is: • deficiencies in internal control over Rules on Conforming Amendments to Integrated audit of financial financial reporting that, individually or PCAOB Interim Standards Resulting statements and internal control over in combination, are less severe than a From the Adoption of PCAOB Auditing financial reporting: The expression of material weakness. If, for any reason, Standard No. 2, ‘‘An Audit of Internal an opinion on both management’s the auditor is unable to complete the Control Over Financial Reporting assessment of internal control over audit or is unable to form or has not Performed in Conjunction With an financial reporting and on the financial formed an opinion, he or she may Audit of Financial Statements’’ statements. decline to express an opinion or decline • Audit of financial statements: The to issue a report as a result of the October 5, 2004. expression of an opinion on the engagement. Pursuant to Section 107(b) of the financial statements. • Audit of financial statements: Sarbanes-Oxley Act of 2002 (the ‘‘Act’’), c. The third bullet point of paragraph Obtain reasonable assurance about notice is hereby given that on .06 is amended to read as follows: whether the financial statements are free September 16, 2004, the Public Management is responsible for of material misstatement, whether Company Accounting Oversight Board establishing and maintaining effective caused by error or fraud. Accordingly, (the ‘‘Board’’ or the ‘‘PCAOB’’) filed internal control over financial reporting. there is some risk that a material with the Securities and Exchange In an integrated audit of financial misstatement would remain undetected. Commission (the ‘‘Commission’’ or the statements and internal control over Although not absolute assurance, ‘‘SEC’’) the proposed rule described in financial reporting, an auditor is reasonable assurance is, nevertheless, a Items I and II below, which items have required to communicate, in writing, to high level of assurance. Also, a financial been prepared by the Board and are management and the audit committee statement audit is not designed to detect presented here in the form submitted by that the audit of internal control over error or fraud that is immaterial to the the Board. The Commission is financial reporting cannot be financial statements. If, for any reason, publishing this notice to solicit satisfactorily completed and that he or the auditor is unable to complete the comments on the proposed rule from she is required to disclaim an opinion audit or is unable to form or has not interested persons. if management has not: formed an opinion, he or she may • Accepted responsibility for the I. Board’s Statement of the Terms of decline to express an opinion or decline effectiveness of the company’s internal Substance of the Proposed Rule to issue a report as a result of the control over financial reporting. engagement. On September 15, 2004, the Board • Evaluated the effectiveness of the e. The eighth bullet point of adopted Conforming Amendments to company’s internal control over paragraph .06 is amended to read as PCAOB Interim Standards Resulting financial reporting using suitable follows: from the Adoption of PCAOB Auditing control criteria, An audit includes: Standard No. 2, ‘‘An Audit Of Internal • Supported its evaluation with • Integrated audit of financial Control Over Financial Reporting sufficient evidence, including statements and internal control over Performed In Conjunction With An documentation, and financial reporting: Planning and Audit of Financial Statements’’ (‘‘the • Presented a written assessment of performing the audit to obtain proposed rules’’). The proposed rule the effectiveness of the company’s reasonable assurance about whether the text is set out as follows: internal control over financial reporting company maintained, in all material Conforming Amendments to PCAOB as of the end of the company’s most respects, effective internal control over Interim Standards Resulting from the recent fiscal year. financial reporting as of the date

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specified in management’s assessment. planning considerations in addition to the AU Sec. 313, ‘‘Substantive Tests Prior to The auditor is also responsible for planning considerations set forth in this the Balance-Sheet Date’’ obtaining an understanding of internal section. control sufficient to plan the financial SAS No. 45, ‘‘Omnibus Statement on statement audit and to determine the AU Sec. 312, ‘‘Audit Risk and Auditing Standards—1983’’ (AU sec. nature, timing, and extent of audit Materiality in Conducting an Audit’’ 313, ‘‘Substantive Tests Prior to the Balance-Sheet Date’’), is amended by procedures to be performed. The auditor SAS No. 47, ‘‘Audit Risk and is also responsible for communicating in adding the following note after Materiality in Conducting an Audit,’’ as paragraph 1: writing: amended by SAS No. 82, • To the audit committee—all ‘‘Consideration of Fraud in a Financial Note: When performing an integrated audit significant deficiencies and material Statement Audit,’’ SAS No. 96, ‘‘Audit of financial statements and internal control weaknesses identified during the audit. over financial reporting, refer to paragraphs • To management—all internal Documentation,’’ and SAS No. 98, 98–103 of PCAOB Auditing Standard No. 2 control deficiencies identified during ‘‘Omnibus Statement on Auditing regarding timing of tests of controls. the audit and not previously Standards—2002’’ (AU sec. 312, ‘‘Audit communicated in writing by the auditor Risk and Materiality in Conducting an AU Sec. 316, ‘‘Consideration of Fraud in or by others, including internal auditors Audit’’), is amended as follows: a Financial Statement Audit’’ a. The following note is added after or others inside or outside the company. SAS No. 99, ‘‘Consideration of Fraud • To the board of directors—any paragraph 3. in a Financial Statement Audit’’ (AU specific significant deficiency or Note: When performing an integrated audit sec. 316, ‘‘Consideration of Fraud in a material weakness identified because of financial statements and internal control Financial Statement Audit’’), is the auditor concludes that the audit over financial reporting, refer to paragraphs amended as follows: committee’s oversight of the company’s 22–23 of PCAOB Auditing Standard No. 2 external financial reporting and internal regarding materiality considerations. a. The following note is added after control over financial reporting is paragraph 1: ineffective. b. The following note is added after Note: When performing an integrated audit • Audit of financial statements: paragraph 5. of financial statements and internal control Obtaining an understanding of internal Note: An integrated audit of financial over financial reporting, refer to paragraphs control sufficient to plan the audit and statements and internal control over financial 24–26 of PCAOB Auditing Standard No. 2 to determine the nature, timing, and reporting is not designed to detect regarding fraud considerations, in addition to extent of audit procedures to be deficiencies in internal control over financial the fraud consideration set forth in this performed. An audit is not designed to reporting that, individually or in the section. provide assurance on internal control or aggregate, are less severe than a material weakness. b. In paragraph 80, the phrase ‘‘the to identify internal control deficiencies. auditor should consider whether these However, the auditor is responsible for c. The following note is added after risks represent reportable conditions communicating in writing: • paragraph 7. relating to the entity’s internal control To the audit committee—all that should be communicated to senior significant deficiencies and material Note: When performing an integrated audit of financial statements and internal control management and the audit committee’’ weaknesses identified during the audit. is replaced by ‘‘the auditor should • To the board of directors—if the over financial reporting, refer to paragraphs consider whether these risks represent auditor becomes aware that the 24–26 of PCAOB Auditing Standard No. 2 regarding fraud considerations. significant deficiencies that must be oversight of the company’s external communicated to senior management financial reporting and internal control and the audit committee’’ and the over financial reporting by the d. The following note is added after reference to section 325, company’s audit committee is paragraph 12. ‘‘Communication of Internal Control ineffective, that specific significant Note: When performing an integrated audit Related Matters Noted in an Audit,’’ deficiency or material weakness. of financial statements and internal control over financial reporting, refer to paragraphs paragraph .04 is replaced by the AU Sec. 311, ‘‘Planning and 22–23 and 39 of PCAOB Auditing Standard reference to section 325, Supervision’’ No. 2 regarding materiality and planning ‘‘Communications About Control SAS No. 22, ‘‘Planning and considerations, respectively. Deficiencies in An Audit of Financial Supervision,’’ as amended by SAS No. Statements,’’ paragraph 4. e. The following note is added after 47, ‘‘Audit Risk and Materiality in AU Sec. 319, ‘‘Consideration of Internal paragraph 18. Conducting an Audit,’’ SAS No. 48, Control in a Financial Statement Audit’’ ‘‘The Effects of Computer Processing on Note: When performing an integrated audit the Audit of Financial Statements,’’ and of financial statements and internal control SAS No. 55, ‘‘Consideration of SAS No. 77, ‘‘Amendments to over financial reporting, refer to Appendix B, Internal Control in a Financial Statements on Auditing Standards No. ‘‘Additional Performance Requirements and Statement Audit,’’ as amended by SAS 22, ‘Planning and Supervision,’ No. 59, Directions; Extent-of-Testing Examples,’’ of No. 78, ‘‘Consideration of Internal PCAOB Auditing Standard No. 2 for Control in a Financial Statement Audit: ‘The Auditor’s Consideration of an considerations when a company has multiple Entity’s Ability to Continue as a Going locations or business units. An Amendment of Statement on Concern,’ No. 62, ‘Special Reports’’’ (AU Auditing Standards No. 55,’’ and SAS sec. 311, ‘‘Planning and Supervision’’), f. The following note is added after No. 94, ‘‘The Effect of Information is amended by adding the following paragraph 30. Technology on the Auditor’s note after paragraph 1: Note: Note: When performing an integrated audit Consideration of Internal Control in a Note: When performing an integrated audit of financial statements and internal control Financial Statement Audit’’ (AU sec. of financial statements and internal control over financial reporting, refer to paragraphs 319, ‘‘Consideration of Internal Control over financial reporting, refer to paragraph 39 147–149 of PCAOB Auditing Standard No. 2 in a Financial Statement Audit’’), is of PCAOB Auditing Standard No. 2 regarding regarding tests of controls. amended as follows:

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a. In paragraph 2, the term for discussion on the extent of tests of Standard No. 55,’’ SAS No. 88, ‘‘Service ‘‘assertions’’ is replaced by the term controls. Organizations and Reporting on ‘‘relevant assertions.’’ i. The last sentence of paragraph 107 Consistency,’’ and SAS No. 98, b. The following sentence is added at is replaced with the following sentence: ‘‘Omnibus Statement on Auditing the end of paragraph 2: Regardless of the Consequently, regardless of the Standards—2002’’ (AU sec. 324, assessed level of control risk, the assessed level of control risk, the ‘‘Service Organizations’’), is amended as auditor should perform substantive auditor should perform substantive follows: procedures for all relevant assertions procedures for all relevant assertions a. The following note is added after related to all significant accounts and related to all significant accounts and paragraph 1: disclosures in the financial statements. disclosures in the financial statements. c. The following note is added after Note: When performing an integrated audit of financial statements and internal control paragraph 2: AU Sec. 322, ‘‘The Auditor’s Consideration of the Internal Audit over financial reporting, refer to paragraphs Note: Refer to paragraphs 68–70 of PCAOB B18–B29 of Appendix B, ‘‘Additional Auditing Standard No. 2 for discussion of Function in an Audit of Financial Performance Requirements and Directions; identifying relevant financial statement Statements’’ Extent-of-Testing Examples,’’ in PCAOB assertions. SAS No. 65, ‘‘The Auditor’s Auditing Standard No. 2 regarding the use of d. The following note is added after Consideration of the Internal Audit service organizations. paragraph 9: Function in an Audit of Financial b. In paragraph 20, the term Statements’’ (AU sec. 322, ‘‘The Note: When performing an integrated audit ‘‘reportable conditions’’ is replaced by of financial statements and internal control Auditor’s Consideration of the Internal the term ‘‘significant deficiencies’’ and over financial reporting, refer to Appendix B, Audit Function in an Audit of Financial the reference to section 325, ‘‘Additional Performance Requirements and Statements’’), is amended as follows: ‘‘Communication of Internal Control Directions; Extent-of-Testing Examples,’’ of a. The following note is added after Related Matters Noted in an Audit,’’ is PCAOB Auditing Standard No. 2 for paragraph 1: replaced by the reference to section 325, discussion of considerations when a Note: When performing an integrated audit ‘‘Communications About Control company has multiple locations or business of financial statements and internal control units. Deficiencies in An Audit of Financial over financial reporting, refer to paragraphs Statements.’’ e. The following note is added after 108–126 of PCAOB Auditing Standard No. 2 for discussion on using the work of others to AU Sec. 325, ‘‘Communication of paragraph 42: alter the nature, timing, and extent of the Internal Control Related Matters Noted Note: For purposes of evaluating the work that otherwise would have been in an Audit’’ effectiveness of internal control over performed to test controls. financial reporting, the auditor’s SAS No. 60, ‘‘Communication of understanding of control activities b. The second sentence of paragraph Internal Control Related Matters Noted encompasses a broader range of accounts and 16 is replaced with the following in an Audit,’’ as amended by SAS No. disclosures than what is normally obtained sentence: 78, ‘‘Consideration of Internal Control in in a financial statement audit. The auditor assesses control risk for a Financial Statement Audit: An each of the relevant financial statement Amendment to Statement on Auditing f. The following note is added after assertions related to all significant Standards No. 55,’’ and SAS No. 87, paragraph 65: accounts and disclosures in the ‘‘Restricting the Use of an Auditor’s Note: When performing an integrated audit financial statements and performs tests Report’’ (AU Sec. 325, ‘‘Communication of financial statements and internal control of controls to support assessments of Internal Control Related Matters over financial reporting, if the auditor below the maximum. Noted in an Audit’’), is superseded. assesses control risk as other than low for c. The following note is added after • In an integrated audit of financial certain assertions or significant accounts, the statements and internal control over auditor should document the reasons for that paragraph 20: conclusion. financial reporting, SAS No. 60, as Note: When performing an integrated audit amended, is superseded by paragraphs of financial statements and internal control 207–214 of PCAOB Auditing Standard g. The following note is added after over financial reporting, refer to paragraphs paragraph 83: 112–116 of PCAOB Auditing Standard No. 2 No. 2. • In an audit of financial statements Note: In an integrated audit of financial regarding evaluating the nature of controls statements and internal control over financial subjected to the work of others. only, SAS No. 60, as amended, is reporting, PCAOB Auditing Standard No. 2 superseded by the following paragraphs. states, in part, that ‘‘If, however, the auditor d. The following note is added after paragraph 22: Communications About Control assesses control risk as other than low for Deficiencies in an Audit of Financial certain assertions or significant accounts, the Note: When performing an integrated audit Statements auditor should document the reasons for that of financial statements and internal control conclusion.’’ Accordingly, if control risk is over financial reporting, refer to paragraph 1. In an audit of financial statements, assessed at the maximum level, the auditor 122 of PCAOB Auditing Standard No. 2 the auditor may identify deficiencies in should document the basis for that regarding assessing the interrelationship of the company’s internal control over conclusion. Refer to paragraphs 159–161 of the nature of the controls and the financial reporting. A control deficiency PCAOB Auditing Standard No. 2 for competence and objectivity of those who exists when the design or operation of additional information regarding performed the work. documentation requirements. a control does not allow management or employees, in the normal course of h. The following note is added after AU Sec. 324, ‘‘Service Organizations’’ performing their assigned functions, to paragraph 97: SAS No. 70, ‘‘Service Organizations,’’ prevent or detect misstatements on a as amended by SAS No. 78, timely basis. Note: When performing an integrated audit • of financial statements and internal control ‘‘Consideration of Internal Control in a A deficiency in design exists when over financial reporting, refer to paragraphs Financial Statement Audit: An (a) a control necessary to meet the 104–105 of PCAOB Auditing Standard No. 2 Amendment to Statement on Auditing control objective is missing or (b) an

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existing control is not properly designed financial statements will not be provisions of Securities Exchange Act Rule so that, even if the control operates as prevented or detected. 10A–3(c)(2).4 Furthermore, for subsidiary designed, the control objective is not registrants, communications required by this Note: In evaluating whether a control always met. standard to be directed to the audit • deficiency exists and whether control committee should be made to the same A deficiency in operation exists deficiencies, either individually or in committee or equivalent body that pre- when a properly designed control does combination with other control deficiencies, approves the retention of the auditor by or on not operate as designed or when the are significant deficiencies or material behalf of the subsidiary registrant pursuant to person performing the control does not weaknesses, the auditor should consider the Rule 2–01(c)(7) of Regulation S–X 5 (which possess the necessary authority or definitions in paragraphs 1, 2 and 3, and the might be, for example, the audit committee qualifications to perform the control directions in paragraphs 130 through 137 of of the subsidiary registrant, the full board of effectively. PCAOB Auditing Standard No. 2. As the subsidiary registrant, or the audit explained in paragraph 23 of PCAOB 2. A significant deficiency is a control committee of the subsidiary registrant’s Auditing Standard No. 2, the evaluation of parent). In all cases, the auditor should deficiency, or combination of control the materiality of the control deficiency interpret the terms ‘‘board of directors’’ and deficiencies, that adversely affects the should include both quantitative and ‘‘audit committee’’ in this standard as being company’s ability to initiate, authorize, qualitative considerations. Qualitative factors consistent with provisions for the use of record, process, or report external that might be important in this evaluation those terms as defined in relevant SEC rules. include the nature of the financial statement financial data reliably in accordance 5. If oversight of the company’s with generally accepted accounting accounts and assertions involved and the reasonably possible future consequences of external financial reporting and internal principles such that there is more than the deficiency. Furthermore, in determining control over financial reporting by the a remote likelihood that a misstatement whether a control deficiency, or combination company’s audit committee is of the company’s annual or interim of deficiencies, is a significant deficiency or ineffective, that circumstance should be financial statements that is more than a material weakness, the auditor should regarded as at least a significant evaluate the effect of compensating controls inconsequential will not be prevented or deficiency and as a strong indicator that detected. and whether such compensating controls are effective. a material weakness in internal control Note: The term ‘‘remote likelihood’’ as over financial reporting exists. Although used in the definitions of significant 4. The auditor must communicate in there is not an explicit requirement to deficiency and material weakness (paragraph writing to management and the audit evaluate the effectiveness of the audit 3) has the same meaning as the term committee all significant deficiencies committee’s oversight in an audit of ‘‘remote’’ as used in Financial Accounting and material weaknesses identified only the financial statements, if the Standards Board Statement No. 5, auditor becomes aware that the Accounting for Contingencies (‘‘FAS No. 5’’). during the audit. The written Paragraph 3 of FAS No. 5 states: communication should be made prior to oversight of the company’s external the issuance of the auditor’s report on financial reporting and internal control When a loss contingency exists, the the financial statements. The auditor’s over financial reporting by the likelihood that the future event or communication should distinguish company’s audit committee is events will confirm the loss or clearly between those matters ineffective, the auditor must impairment of an asset or the incurrence considered significant deficiencies and communicate that specific significant of a liability can range from probable to those considered material weaknesses, deficiency or material weakness in remote. This Statement uses the terms as defined in paragraphs 2 and 3. writing to the board of directors. probable, reasonably possible, and 6. These written communications Note: If no such committee exists with should include: remote to identify three areas within respect to the company, all references to the that range, as follows: a. The definitions of significant audit committee in this standard apply to the deficiencies and material weaknesses a. Probable. The future event or entire board of directors of the company.1 events are likely to occur. The auditor should be aware that companies and should clearly distinguish to which category the deficiencies being b. Reasonably possible. The chance of whose securities are not listed on a national communicated relate. the future event or events occurring is securities exchange or an automated inter- b. A statement that the objective of the more than remote but less than likely. dealer quotation system of a national securities association (such as the New York audit was to report on the financial c. Remote. The chance of the future Stock Exchange, American Stock Exchange, statements and not to provide assurance events or events occurring is slight. or NASDAQ) may not be required to have on internal control. Therefore, the likelihood of an event independent directors for their audit c. A statement that the is ‘‘more than remote’’ when it is either committees. In this case, the auditor should communication is intended solely for reasonably possible or probable. not consider the lack of independent directors or an audit committee at these the information and use of the board of Note: A misstatement is inconsequential if companies indicative, by themselves, of a directors, audit committee, a reasonable person would conclude, after control deficiency. Likewise, the management, and others within the considering the possibility of further independence requirements of Securities organization. When there are undetected misstatements, that the Exchange Act Rule 10A–3 2 are not requirements established by misstatement, either individually or when applicable to the listing of non-equity governmental authorities to furnish aggregated with other misstatements, would securities of a consolidated or at least 50 such written communications, specific clearly be immaterial to the financial percent beneficially owned subsidiary of a reference to such regulatory authorities statements. If a reasonable person could not listed issuer that is subject to the may be made. reach such a conclusion regarding a requirements of Securities Exchange Act Rule particular misstatement, that misstatement is 10A–3(c)(2).3 Therefore, the auditor should 7. The auditor might identify matters more than inconsequential. interpret references to the audit committee in in addition to those required to be this standard, as applied to a subsidiary communicated by this standard. Such 3. A material weakness is a significant registrant, as being consistent with the matters include control deficiencies deficiency, or combination of significant identified by the auditor that are neither deficiencies, that results in more than a 1 See 15 U.S.C. 78c(a)58 and 15 U.S.C. 7201(a)(3). remote likelihood that a material 2 See 17 CFR 240.10A–3. 4 See 17 CFR 240.10A–3(c)(2). misstatement of the annual or interim 3 See 17 CFR 240.10A–3(c)(2). 5 See 17 CFR 210.2–01(c)(7).

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significant deficiencies nor material evaluate the risk of management Note: When performing an integrated audit weaknesses and matters the company override of controls. As part of this of financial statements and internal control may request the auditor to be alert to process, the auditor should evaluate over financial reporting, refer to paragraphs 142–144 of PCAOB Auditing Standard No. 2 that go beyond those contemplated by whether such an override might have for additional required written this standard. The auditor may report allowed adjustments outside of the representations to be obtained from such matters to management, the audit normal period-end financial reporting management. committee, or others, as appropriate. process to have been made to the 8. The auditor should not report in financial statements. Such adjustments AU Sec. 342, ‘‘Auditing Accounting writing that no significant deficiencies might have resulted in artificial changes Estimates’’ were discovered during an audit of to the financial statement relationships SAS No. 57, ‘‘Auditing Accounting financial statements because of the being analyzed, causing the auditor to Estimates’’ (AU sec. 342, ‘‘Auditing potential that the limited degree of draw erroneous conclusions. For this Accounting Estimates’’), is amended by assurance associated with such a report reason, substantive analytical adding the following note after will be misunderstood. procedures alone are not well suited to paragraph 10: 9. When timely communication is detecting fraud. important, the auditor should c. The following sentence is added to Note: When performing an integrated audit communicate the preceding matters the beginning of paragraph 16: Before of financial statements and internal control during the course of the audit rather over financial reporting, the auditor may use using the results obtained from any of the three approaches. However, the than at the end of the engagement. The substantive analytical procedures, the work that the auditor performs as part of the decision about whether to issue an auditor should either test the design and audit of internal control over financial interim communication should be operating effectiveness of controls over reporting should necessarily inform the determined based on the relative financial information used in the auditor’s decisions about the approach he or significance of the matters noted and the substantive analytical procedures or she takes to auditing an estimate because, as urgency of corrective follow-up action perform other procedures to support the part of the audit of internal control over required. completeness and accuracy of the financial reporting, the auditor would be In an audit of financial statements required to obtain an understanding of the underlying information. process management used to develop the only, auditing interpretation 1 to AU AU Sec. 332, ‘‘Auditing Derivative estimate and to test controls over all relevant sec. 325, ‘‘Reporting on the Existence of assertions related to the estimate. Material Weaknesses,’’ continues to Instruments, Hedging Activities, and apply except that the term ‘‘reportable Investments in Securities’’ AU Sec. 380, ‘‘Communication with condition’’ means ‘‘significant SAS No. 92, ‘‘Auditing Derivative Audit Committees’’ deficiency,’’ as defined in paragraph 9 Instruments, Hedging Activities, and SAS No. 61, ‘‘Communication with of PCAOB Auditing Standard No. 2. Investments in Securities’’ (AU sec. 332, Audit Committees’’ (AU sec. 380, ‘‘Auditing Derivative Instruments, AU Sec. 326, ‘‘Evidential Matter’’ ‘‘Communication with Audit Hedging Activities, and Investments in SAS No. 31, ‘‘Evidential Matter,’’ as Committees’’), is amended by replacing Securities’’), is amended by adding the the title of Section 325 in the first bullet amended by SAS No. 48, ‘‘The Effects following note after paragraph 11: of Computer Processing on the Audit of in footnote 1 in paragraph 1 with Note: When performing an integrated audit Financial Statements,’’ and SAS No. 80, ‘‘Communications About Control of financial statements and internal control Deficiencies in An Audit of Financial ‘‘Amendment to Statement on Auditing over financial reporting, PCAOB Auditing Standards No. 31, ‘Evidential Matter’’’ Statements’’ and adding the following Standard No. 2 states, ‘‘the auditor must after the last bullet in footnote 1 in (AU sec. 326, ‘‘Evidential Matter’’), is obtain sufficient competent evidence about amended by adding the following the design and operating effectiveness of paragraph 1: • PCAOB Auditing Standard No. 2, sentences at the end of paragraph 19: controls over all relevant financial statement Additionally, the auditor’s assertions related to all significant accounts An Audit of Internal Control Over substantive procedures must include and disclosures in the financial statements.’’ Financial Reporting Performed in reconciling the financial statements to Therefore, in an integrated audit of financial Conjunction with an Audit of Financial the accounting records. The auditor’s statements and internal control over financial Statements. reporting, if a company’s investment in substantive procedures also should derivatives and securities represents a AU Sec. 508, ‘‘Reports on Audited include examining material adjustments significant account, the auditor’s Financial Statements’’ made during the course of preparing the understanding of controls should include SAS No. 58, ‘‘Reports on Audited financial statements. controls over derivatives and securities Financial Statements,’’ as amended by transactions from their initiation to their SAS No. 64, ‘‘Omnibus Statement on AU Sec. 329, ‘‘Analytical Procedures’’ inclusion in the financial statements and SAS No. 56, ‘‘Analytical Procedures,’’ should encompass controls placed in Auditing Standards—1990,’’ SAS No. as amended by SAS No. 96, ‘‘Audit operation by the entity and service 79, ‘‘Amendment to Statement on Documentation’’ (AU sec. 329, organizations whose services are part of the Auditing Standards No. 58, ‘Reports on ‘‘Analytical Procedures’’), is amended as entity’s information system. Audited Financial Statements,’’’ SAS follows: No. 85, ‘‘Management Representations,’’ a. The following sentence is added to AU Sec. 333, ‘‘Management SAS No. 93, ‘‘Omnibus Statement on the end of paragraph 9: For significant Representations’’ Auditing Standards—2000,’’ and SAS risks of material misstatement, it is SAS No. 85, ‘‘Management No. 98, ‘‘Omnibus Statement on unlikely that audit evidence obtained Representations,’’ as amended by SAS Auditing Standards—2002’’ (AU sec. from substantive analytical procedures No. 89, ‘‘Audit Adjustments,’’ and SAS 508, ‘‘Reports on Audited Financial alone will be sufficient. No. 99 ‘‘Consideration of Fraud in a Statements’’), is amended as follows: b. The following sentences are added Financial Statement Audit’’ (AU sec. a. The following note is added after to the end of paragraph 10: When 333, ‘‘Management Representations’’), is paragraph 1: designing substantive analytical amended by adding the following note Note: When performing an integrated audit procedures, the auditor also should after paragraph 5: of financial statements and internal control

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over financial reporting, the auditor may ‘‘Section 325, Communication of AU Sec. 561, ‘‘Subsequent Discovery of choose to issue a combined report or separate Internal Control Related Matters Noted Facts Existing at the Date of the reports on the company’s financial in an Audit’’ in the first bullet of Auditor’s Report’’ statements and on internal control over financial reporting. Refer to paragraphs 162– paragraph .07 with ‘‘Section 325, SAS No. 1, ‘‘Codification of Auditing 199 of PCAOB Auditing Standard No. 2 for Communications About Control Standards and Procedures,’’ AU sec. direction on reporting on internal control Deficiencies in An Audit of Financial 561, ‘‘Subsequent Discovery of Facts over financial reporting. In addition, see Statements.’’ Existing at the Date of the Auditor’s Appendix A, ‘‘Illustrative Reports on Internal Report,’’ as amended by SAS No. 98, AU Sec. 543, ‘‘Part of Audit Performed Control Over Financial Reporting,’’ of ‘‘Omnibus Statement on Auditing by Other Independent Auditors’’ PCAOB Auditing Standard No. 2 which Standards—2002’’ (AU sec. 561, includes an illustrative combined audit report and examples of separate reports. SAS No. 1, ‘‘Codification of Auditing ‘‘Subsequent Discovery of Facts Existing Standards and Procedures,’’ AU sec. at the Date of the Auditor’s Report’’), is b. The following subparagraph is 543, ‘‘Part of Audit Performed by Other amended by adding the following note added to paragraph 8: Independent Auditors,’’ as amended by after paragraph .01: k. When performing an integrated SAS No. 64, ‘‘Omnibus Statement on audit of financial statements and Note: When performing an integrated audit Auditing Standards—1990’’ (AU sec. of financial statements and internal control internal control over financial reporting, over financial reporting, refer to paragraph if the auditor issues separate reports on 543, ‘‘Part of Audit Performed by Other Independent Auditors’’), is amended by 197 of PCAOB Auditing Standard No. 2, the company’s financial statements and which provides direction with respect to the on internal control over financial adding the following note after subsequent discovery of information existing reporting, the following paragraph paragraph .01: at the date of the auditor’s report on internal control over financial reporting. should be added to the auditor’s report Note: When performing an integrated audit on the company’s financial statements: of financial statements and internal control AU Sec. 634, ‘‘Letters for Underwriters We also have audited, in accordance over financial reporting, refer to paragraphs with the standards of the Public 182–185 of PCAOB Auditing Standard No. 2, and Certain Other Requesting Parties’’ Company Accounting Oversight Board which provide direction with respect to SAS No. 72, ‘‘Letters for Underwriters (United States), the effectiveness of X opinions based, in part, on the report of and Certain Other Requesting Parties,’’ Company’s internal control over another auditor in an audit of internal control as amended by SAS No. 76, financial reporting as of December 31, over financial reporting. ‘‘Amendments to Statement on Auditing 20X3, based on [identify control criteria] Standards No. 72, Letters for and our report dated [date of report, AU Sec. 9550, ‘‘Other Information in Underwriters and Certain Other which should be the same as the date Documents Containing Audited Requesting Parties,’’ and SAS No. 86, of the report on the financial Financial Statements: Auditing ‘‘Amendment to Statement on Auditing statements] expressed [include nature of Interpretations of Section 550 Standards No. 72, Letters for opinions]. Underwriters and Certain Other AU Sec. 530, ‘‘Dating of the AU sec. 9550, ‘‘Other Information in Requesting Parties’’ (AU sec. 634, Independent Auditor’s Report’’ Documents Containing Audited ‘‘Letters for Underwriters and Certain Financial Statements: Auditing Other Requesting Parties’’) is amended SAS No. 1, ‘‘Codification of Auditing Interpretations of Section 550,’’ is by replacing the reference to ‘‘Section Standards and Procedures,’’ AU sec. amended by replacing the term 325, Communication of Internal Control 530, ‘‘Dating of the Independent ‘‘reportable conditions’’ with the term Related Matters Noted in an Audit’’ Auditor’s Report,’’ as amended by SAS ‘‘significant deficiencies’’ in footnote 8 with ‘‘Section 325, Communications No. 29, ‘‘Reporting on Information to paragraph 15 and also replaces in that About Control Deficiencies in An Audit Accompanying the Basic Financial of Financial Statements.’’ Statements in Auditor-Submitted footnote the reference to Section 325.17 Documents,’’ and SAS No. 98, with the reference Section 325.8. AU Sec. 711, ‘‘Filings Under Federal Securities Statutes’’ ‘‘Omnibus Statement on Auditing AU Sec. 560, ‘‘Subsequent Events’’ Standards—2002’’ (AU sec. 530, ‘‘Dating SAS No. 37, ‘‘Filings Under Federal of the Independent Auditor’s Report’’), SAS No. 1, ‘‘Codification of Auditing Securities Statutes’’ (AU sec. 711, is amended by adding the following Standards and Procedures,’’ AU sec. ‘‘Filings Under Federal Securities note after paragraph .01: 560, ‘‘Subsequent Events,’’ as amended Statutes’’), is amended by adding the by SAS No. 12, ‘‘Inquiry of a Client’s following note after paragraph 2: Note: When performing an integrated audit Lawyer Concerning Litigation, Claims, of financial statements and internal control Note: When performing an integrated audit over financial reporting, the auditor’s reports and Assessments,’’ and SAS No. 98, of financial statements and internal control on the company’s financial statements and ‘‘Omnibus Statement on Auditing over financial reporting, refer to paragraphs on internal control over financial reporting Standards—2002’’ (AU sec. 560, 198–199 of PCAOB Auditing Standard No. 2, should be dated the same date. Refer to ‘‘Subsequent Events’’), is amended by which provide direction when an auditor’s paragraphs 171–172 of PCAOB Auditing adding the following note after report on internal control over financial Standard No. 2, which provide direction with paragraph .01: reporting is included or incorporated by respect to the report date in an audit of reference in filings under federal securities internal control over financial reporting. Note: When performing an integrated audit statutes. of financial statements and internal control AU Sec. 532, ‘‘Restricting the Use of an over financial reporting, refer to paragraphs AU Sec. 722, ‘‘Interim Financial Auditor’s Report’’ 186–189 of PCAOB Auditing Standard No. 2, Information’’ SAS No. 87, ‘‘Restricting the Use of an which provide direction with respect to SAS No. 100, ‘‘Interim Financial Auditor’s Report,’’ (AU sec. 532, subsequent events in an audit of internal Information’’ (AU sec. 722, ‘‘Interim ‘‘Restricting the Use of an Auditor’s control over financial reporting. Financial Information’’), is amended as Report’’), is amended by replacing follows:

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a. The following note is added after Note: Paragraph 33 of PCAOB Auditing interim standards resulting from the paragraph 3: Standard No. 2 contains an additional adoption of PCAOB Auditing Standard requirement related to audit committee pre- No. 2. Note: When an auditor is engaged to approval of internal control-related services. The purpose of the conforming perform an integrated audit of financial amendments is to specifically identify statements and internal control over financial II. Board’s Statement of the Purpose of, reporting, refer to paragraphs 202–206 of changes to the interim standards that and Statutory Basis for, the Proposed result from the adoption of PCAOB PCAOB Auditing Standard No. 2, which Rules provide direction regarding the auditor’s Auditing Standard No. 2. The Board evaluation responsibilities as they relate to In its filing with the Commission, the believes that identification of such management’s quarterly certifications on Board included statements concerning changes is helpful in enabling auditors internal control over financial reporting. the purpose of, and basis for, the to comply with the Board’s standards, as proposed rules and discussed any well as in eliminating potential a. In paragraph 9, the term ‘‘reportable comments it received on the proposed confusion and inconsistencies in conditions’’ is replaced by the term rules. The text of these statements may interpretation with respect to the ‘‘significant deficiencies.’’ be examined at the places specified in affected portions of the interim b. In paragraph 33, the term Item IV below. The Board has prepared standards. Accordingly, the scope of the ‘‘reportable conditions’’ is replaced by summaries, set forth in sections A, B, conforming amendments is relatively the term ‘‘significant deficiencies.’’ and C below, of the most significant narrow and comprises amendments to Also, the third sentence is replaced by aspects of such statements. the interim standards resulting only the following: from the adoption of PCAOB Auditing A. Board’s Statement of the Purpose of, A significant deficiency is a control Standard No. 2. deficiency, or combination of control and Statutory Basis for, the Proposed deficiencies, that adversely affects the Rules (b) Statutory Basis company’s ability to initiate, authorize, (a) Purpose The statutory basis for the proposed record, process, or report external rules is Title I of the Act. financial data reliably in accordance When the Board adopted PCAOB with generally accepted accounting Auditing Standard No. 2, An Audit of B. Board’s Statement on Burden on principles such that there is more than Internal Control Over Financial Competition a remote likelihood that a misstatement Reporting Performed in Conjunction The Board does not believe that the of the company’s annual or interim with An Audit of Financial Statements proposed rules will result in any burden financial statements that is more than (PCAOB Release No. 2004–001, dated on competition that is not necessary or inconsequential will not be prevented or March 9, 2004) (the ‘‘internal control appropriate in furtherance of the detected. standard’’), the Board recognized that purposes of the Act. The proposed rules c. The reference in footnote 22 to the internal control standard superseded identify changes to the interim paragraph 33 to ‘‘Section 325, the professional standards adopted by standards that result from the adoption 6 Communication of Internal Control the Board as its interim standards in of PCAOB Auditing Standard No. 2. some respects, and that express Related Matters in an Audit’’ is replaced C. Board’s Statement on Comments on with ‘‘Section 325, Communications amendments to those standards could be helpful to make the interim standards the Proposed Rules Received From About Control Deficiencies in An Audit Members, Participants or Others of Financial Statements.’’ consistent with the principles and requirements in the internal control The Board released the proposed rules Attestation Standards standard. The Board also planned to for public comment in PCAOB Release AT sec. 501, ‘‘Reporting on an Entity’s make several amendments to the interim No. 2004–002 (March 9, 2004). A copy Internal Control Over Financial standards that would be applicable to of PCAOB Release No. 2004–002 and Reporting’’ situations in which Section 404 of the the comment letters received in Sarbanes-Oxley Act of 2002 is not response to the PCAOB’s request for Chapter 5, ‘‘Reporting on an Entity’s applicable and only the financial comment are available on the PCAOB’s Internal Control Over Financial statements of a company are required to Web site at www.pcaobus.org. The Reporting,’’ of Statement on Standards be audited. Accordingly, the Board Board received 10 written comments. for Attestation Engagements No. 10, issued for public comment the proposed The Board has modified certain aspects ‘‘Attestation Standards: Revision and conforming amendments, which of the proposed rules in response to Recodification’’ (AT sec. 501, identified conforming changes to the comments it received, as discussed ‘‘Reporting on an Entity’s Internal below: Control Over Financial Reporting’’), and 6 Effective April 16, 2003, the PCAOB adopted, on 1. Auditing Standards its related interpretation (AT sec. 9501, an initial, transitional basis, five temporary interim ‘‘Reporting on an Entity’s Internal standards rules (PCAOB Rules 3200T, 3300T, The Board’s interim auditing Control Over Financial Reporting: Attest 3400T, 3500T, and 3600T) that refer to pre-existing standards include the Statements on professional standards of auditing, attestation, Engagements Interpretations of Section quality control, ethics, and independence (the Auditing Standards promulgated by the 501’’), are superseded by the conforming ‘‘interim standards’’). These rules were approved by American Institute of Certified Public amendments and, accordingly, are no the Securities and Exchange Commission on April Accountants (‘‘AICPA’’) Auditing longer interim standards of the Board. 25, 2003 (See SEC Release No. 33–8222). On Standards Board (‘‘ASB’’), as in December 17, 2003, the Board approved technical existence on April 16, 2003.7 The Independence Standards amendments to the interim standards rules indicating that, ‘‘when the Board adopts a new conforming amendments to the Board’s ET Sec. 101.05 auditing and related professional practice standard interim auditing standards include (a) that addresses a subject matter that also is the addition of references to assist Rule 101, ‘‘Independence’’ (ET sec. addressed in the interim standards, the affected auditors in performing an integrated 101.05) is amended by adding the portion of the interim standards will be susperseded or effectively amended. Accordingly, following note after the second the Board approved adding the phrase ‘to the extent 7 The Statements on Auditing Standards (‘‘AU’’) paragraph of interpretation 101–3, not superseded or amended by the Board’ to each are codified into the AICPA Professional Standards, ‘‘Performance of Other Services:’’ of the interim standards rules.’’ vol. 1, as AU sections 100 through 901.

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audit of financial statements and of financial statements presented in with this release describing those internal control over financial reporting connection with an initial public amendments, provide auditors adequate and (b) amendments to incorporate offering, in which the company is not explanation to understand the effects of certain requirements in PCAOB subject to the requirements of Section these changes on the financial statement Auditing Standard No. 2 that also apply 404 of the Act and the SEC’s rules audit. when an auditor is engaged solely to implementing that provision.8 Significant areas of amendment to the audit a company’s financial statements. Therefore, this rulemaking amends auditing standards are discussed below, certain interim standards directly including comments received and the a. Addition of References to the Interim because those amendments would apply Board’s response thereto. For ease of Standards in all cases. reference, the references herein are to References have been added to assist In the release relating to the proposed the interim standards as codified in auditors in performing an integrated conforming amendments, commenters AICPA Professional Standards, rather audit of financial statements and were asked (a) whether the proposed than to the original pronouncements. internal control over financial reporting. amendments clearly describe the new (1) AU Sec. 310, ‘‘Appointment of the Auditors are cautioned that the requirements that apply either when the Independent Auditor’’ references might not be all inclusive. If auditor is engaged to audit only the there is any conflict between the interim financial statements or when the auditor This standard has been amended to auditing standards and PCAOB is engaged to perform an integrated include requirements related to the Auditing Standard No. 2, auditors audit of the financial statements and auditor’s understanding with the client should follow the provisions of PCAOB internal control over financial reporting; when performing an integrated audit of Auditing Standard No. 2. and (b) whether there were any financial statements and internal control In the release relating to the proposed additional requirements not already over financial reporting. For conforming amendments, commenters identified that also should apply when consistency, certain related were asked whether the proposed the auditor is engaged to audit only the amendments also have been made to the references would be useful to auditors financial statements. auditor’s required understanding with performing an integrated audit of Most commenters found the proposed the client when performing an audit of financial statements and internal control amendments both clear and helpful. A financial statements. One commenter over financial reporting. The release few commenters suggested editorial suggested that the amendments to this also asked whether any references changes to the proposed amendments, standard indicating that reasonable considered beneficial were omitted from while others suggested additional assurance is ‘‘a high level of assurance’’ the proposed standard. amendments. The Board reviewed all were inappropriate and should be Most commenters found the proposed such comments and, where appropriate, subject to further deliberation and references to be helpful to auditors incorporated them into the final discussion. The Board’s clarification performing both integrated audits and conforming amendments. that reasonable assurance is ‘‘a high audits of financial statements. Several One commenter believed that a level of assurance’’ was clearly included commenters voiced concerns stemming number of new requirements that apply in PCAOB Auditing Standard No. 2. As from the lack of a codification of when the auditor is engaged to audit indicated in the Board’s release PCAOB auditing standards. The Board only the financial statements have been proposing the conforming amendments, believes that auditors will find the obscured behind the label of the scope of this rulemaking did not listing of conforming amendments in ‘‘conforming changes’’ and that, as a include reconsidering any principles or this rulemaking to be a useful tool for result, auditors will fail to notice such requirements of PCAOB Auditing reconciling changes to the interim new requirements. This commenter Standard No. 2. Accordingly, the Board standards. The Board decided that no suggested that the Board appropriately viewed this comment regarding change is necessary to the conforming highlight each new requirement for such reasonable assurance as beyond the amendments in response to these audits to ensure that auditors are aware scope of the proposed conforming comments regarding a codification of and fully understand the amendments rulemaking. No changes because these comments were outside ramifications of each new requirement. have been made based upon this the scope of this rulemaking. The changes described in the comment. In addition, several commenters conforming amendments were first (2) AU Sec. 319, ‘‘Consideration of suggested additional references to presented for public comment in Internal Control in a Financial include in the final conforming connection with the Board’s proposal of Statement Audit’’ amendments. The Board evaluated each Auditing Standard No. 2 in October of these suggestions individually and 2003. Because a number of commenters, This interim standard has been included them in the final conforming when commenting on that proposal, amended by adding a requirement that amendments where deemed suggested that a more detailed states, ‘‘Regardless of the assessed level appropriate. explanation of these changes could be of control risk, the auditor should helpful to practitioners, the Board perform substantive procedures for all b. Amendments To Incorporate decided to more clearly identify the relevant assertions related to all Requirements From PCAOB Auditing changes in separate conforming significant accounts and disclosures in Standard No. 2 amendments. These two notice and the financial statements.’’ As it relates to While PCAOB Auditing Standard No. comment periods have served to this requirement, Auditing Standard No. 2 is directed primarily to an auditor highlight these changes, and the Board 2 states, ‘‘Regardless of the assessed performing an integrated audit of believes that the conforming level of control risk or the assessed risk financial statements and internal control amendments adopted today, together of material misstatement in connection over financial reporting, some with the audit of the financial provisions in that standard are relevant 8 See Final Rule: Management’s Reports on statements, the auditor should perform to situations in which an auditor is Internal Control Over Financial Reporting and substantive procedures for all relevant Certification of Disclosure in Exchange Act Periodic engaged solely to audit a company’s Reports. Securities and Exchange Commission assertions for all significant accounts financial statements, such as in an audit Release No. 33–8238 (June 5, 2003) [68 FR 36636]. and disclosures. Performing procedures

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to express an opinion on internal of the company’s external financial (5) AU Sec. 329, ‘‘Analytical control over financial reporting does not reporting and internal control over Procedures’’ diminish this requirement.’’ A similar financial reporting by the company’s This standard is amended to add the conforming amendment has been made audit committee is ineffective, the following directions: to AU sec. 322, ‘‘The Auditor’s auditor must communicate that specific • For significant risks of material Consideration of the Internal Audit significant deficiency or material misstatement, it is unlikely that audit Function in an Audit of Financial weakness in writing to the board of evidence obtained from substantive Statements.’’ directors. analytical procedures alone will be (3) AU Sec. 325, ‘‘Communication of This change is intended to clarify sufficient. Internal Control Related Matters Noted that, while an auditor does not have an • When designing substantive in an Audit.’’ explicit requirement to perform a analytical procedures, the auditor also separate and distinct evaluation of the should evaluate the risk of management This standard has been superseded in effectiveness of the audit committee in the context of an integrated audit of override of controls. As part of this a financial statement audit, the auditor process, the auditor should evaluate financial statements and internal control does have a communication over financial reporting by paragraphs whether such an override might have responsibility when he or she becomes allowed adjustments outside of the 207 through 214 of PCAOB Auditing aware of a significant deficiency or Standard No. 2. By this rulemaking, the normal period-end financial reporting material weakness caused by the audit process to have been made to the Board is also amending this interim committee’s ineffectiveness. standard, as applied to an audit only of financial statements. Such adjustments financial statements, by substituting the Illustrative Internal Control Reports. might have resulted in artificial changes paragraphs included in the appendix Several commenters requested that the to the financial statement relationships accompanying this release (See AU sec. Board revise and include in the being analyzed, causing the auditor to 325, subparagraphs 1–9 in the conforming amendments illustrative draw erroneous conclusions. For this appendix). reports to management about reason, substantive analytical Communication of the Ineffectiveness deficiencies in internal control similar procedures alone are not well suited to of the Audit Committee. The proposed to those previously contained in AU sec. detecting fraud. amendment stated that, in an audit only 325 and its related interpretation. The • Before using the results obtained of financial statements, an auditor does Board noted that presenting such from substantive analytical procedures, not have a requirement to evaluate the reports in a rulemaking of the Board the auditor should either test the design effectiveness of the audit committee’s might lead firms to use boilerplate and operating effectiveness of controls oversight of the company’s internal language in such communications to over financial information used in the control over financial reporting. The management and others. In addition, the substantive analytical procedures or proposed amendment would also have Board believes that any new illustrative perform other procedures to support the required an auditor to communicate, in reports it issues as part of the Board’s completeness and accuracy of the writing, to the board of directors if a standards must not only reflect underlying information. significant deficiency or material conforming changes but also incorporate PCAOB Auditing Standard No. 2 is weakness exists, however, because the best practices at the time of issuance. clear on the applicability of these oversight of the company’s external This type of revision of illustrative procedures in an integrated audit of financial reporting and internal control reports is beyond the scope of the financial statements and internal control over financial reporting is ineffective. conforming amendments. Additionally, over financial reporting. The Board also While commenters unanimously the Board expects that auditors will be believes that it is logical and agreed with this provision, several able to clearly and appropriately appropriate to perform these procedures commenters asked for clarification of communicate these matters without in an audit of the financial statements. the auditor’s responsibility. In response, relying on illustrative reports. For these The Board did not receive any the Board has amended subparagraph 5 reasons, illustrative reports have not comments on these amendments other of the conforming amendments to AU been included in the conforming than comments that re-challenged their sec. 325 to read as follows, proposed amendments. inclusion in PCAOB Auditing Standard new language is in italics, proposed (4) AU Sec. 326, ‘‘Evidential Matter’’ No. 2. As indicated in the Board’s deletions are in [brackets]. proposing release, these types of If oversight of the company’s external This standard has been amended to comments were considered to be financial reporting and internal control add a requirement stating that, ‘‘the beyond the scope of the proposed over financial reporting by the auditor’s substantive procedures must conforming amendments; therefore, no company’s audit committee is include reconciling the financial changes have been made based upon ineffective, that circumstance should be statements to the accounting records. these comments. regarded as at least a significant The auditor’s substantive procedures (6) AU Sec. 339, ‘‘Audit deficiency and as a strong indicator that should include examining material Documentation’’ a material weakness in internal control adjustments made during the course of over financial reporting exists. preparing the financial statements.’’ The proposed conforming Although there is not an explicit PCAOB Auditing Standard No. 2 is clear amendments would have added a requirement to evaluate the on the applicability of these procedures subparagraph to Appendix A of this effectiveness of the audit committee’s in an integrated audit of financial standard (‘‘SAS No. 96’’). Subsequent to oversight in an audit of only the statements and internal control over the conforming amendments being financial statements, [of the external financial reporting. The Board believes issued for public comment, the Board financial reporting process and the that it is logical and appropriate that adopted, and the Securities and internal control over financial these procedures also be performed in Exchange Commission approved, reporting,] if the auditor becomes aware an audit of the financial statements. No PCAOB Auditing Standard No. 3, Audit that [a significant deficiency or material commenters objected to this Documentation. PCAOB Auditing weakness exists because] the oversight amendment. Standard No. 3 superseded SAS No. 96

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in its entirety, including Appendix A. the report, the circumstances in which suggested that issuers might need an Therefore, this proposed conforming such a report might be issued, and the interim report on internal control, amendment is not included in the final intended users of such a report. especially when a material weakness conforming amendments because the Most commenters agreed with the that existed at year end is subsequently Board’s interim standards no longer deletion of AT sec. 501 from the Board’s corrected. Another commenter contain Appendix A of AU sec. 339. interim standards. Those commenters suggested that an issuer might want an believed that AT sec. 501 is inferior to audit report on some other aspect of (7) AU Sec. 380, ‘‘Communication With PCAOB Auditing Standard No. 2. In internal control. None of these Audit Committees’’ addition, those commenters were commenters, however, provided the Footnote one to this standard includes unaware of any circumstances in which detailed discussion requested in the a list of other standards that also require an issuer would be required to file an release about the type of information audit committee communications. AT sec. 501 report with the SEC, or of that should be included in such a Because PCAOB Auditing Standard No. any instances in which issuers might report, the circumstances in which it 2 also includes required audit need an auditor’s report on internal might be issued, and the intended users committee communications, this control other than the one embodied in of such a report. standard is amended by including a PCAOB Auditing Standard No. 2. The Board continues to believe that reference to PCAOB Auditing Standard Other commenters, however, AT sec. 501 lacks the necessary No. 2 in footnote one. The Board added expressed concerns about superseding specificity provided in PCAOB Auditing this conforming amendment based on a AT sec. 501 in its entirety for a number Standard No. 2. At a minimum, if AT suggestion from a commenter. of reasons. A couple of commenters sec. 501 were to be retained in the pointed out that the auditors of some 2. Attestation Standards Board’s standards, the reporting asset-backed securities (‘‘ABS’’) issuers directions in AT sec. 501 would require The Board’s interim attestation issue AT sec. 501 reports in order for immediate revision to clearly standards include the Statements on those ABS issuers to comply with the distinguish for report users the Standards for Attestation Engagements SEC’s annual filing requirements. ABS difference between a report issued promulgated by the ASB, as in existence issuers are not required to comply with under AT sec. 501 and PCAOB Auditing on April 16, 2003.9 Auditors performing Section 404 of the Act, however. No Standard No. 2. Further, it would be an integrated audit of financial ABS issuer is required to file an necessary to make extensive revisions to statements and internal control over auditor’s report performed pursuant to AT sec. 501 to conform it to the financial reporting to comply with AT sec. 501; rather, ABS issuers may principles and requirements embodied Section 404 of the Act must follow comply with the SEC’s annual filing in PCAOB Auditing Standard No. 2. PCAOB Auditing Standard No. 2 when requirements by filing an auditor’s Because commenters were unable to reporting on an entity’s internal control report performed pursuant to AT sec. describe a specific need that is currently over financial reporting. Therefore, in 601, Compliance Attestation. Further, unmet by reports issued under PCAOB the context of an audit of a company under a recent SEC proposal (Proposed Auditing Standard No. 2 or other that is subject to Section 404 of the Act, Rule: Asset-Backed Securities, Release professional standards, there appears to AT sec. 501 has been superseded by the Nos. 33–8419 and 34–49644, May 3, be no compelling reason at this time for internal control standard. Because AT 2004), the SEC would require an ABS the Board either to amend AT sec. 501 501, even as applied to an engagement issuer to include in its annual filing one or to propose a new standard to replace other than an engagement under Section consistent form of auditor’s report. In AT sec. 501. Accordingly, the 404, is outdated, the proposed lieu of audited financial statements and conforming amendments supersede AT conforming amendments recommended compliance with Section 404 of the Act, sec. 501 altogether and remove it from that AT sec. 501 be superseded in its the SEC proposal would require that the Board’s standards effective entirety and removed from the Board’s management of certain ABS issuers immediately upon approval by the SEC. standards. assess the issuer’s compliance with Because AT sec. 501 is no longer a The release to the proposed servicing criteria and that the auditor part of the Board’s interim standards, it conforming amendments asked attest to, and report on, management’s is not appropriate for auditors of issuers commenters whether AT sec. 501 assertion as to whether it complied with following the PCAOB’s standards to use should be amended rather than the servicing standards through the AT sec. 501 when reporting on the superseded in its entirety. Furthermore, performance of a compliance attestation. internal control over financial reporting it asked commenters to provide According to the proposal, the of an issuer. information on (a) whether there are any attestation standard under which the 3. Independence Standards circumstances in which an issuer would auditor should perform such want or need to file an AT sec. 501 engagement would be ‘‘Compliance The Board’s interim independence report with the SEC and (b) whether Attestation,’’ AT sec. 601 or another standards include the AICPA Code of there is a need for an auditor’s report on standard for compliance auditing Professional Conduct Rule 101, and internal control in addition to the established by the PCAOB. Therefore, if interpretations and rulings thereunder, auditor’s report on the integrated audit the SEC proposal is adopted, the SEC promulgated by the AICPA Professional of financial statements and internal would no longer accept AT sec. 501 Ethics Executive Committee, as in control over financial reporting for reports for this purpose. existence on April 16, 2003.10 As purposes of complying with Section 404 Other commenters expressed less indicated in PCAOB Auditing Standard of the Act. Commenters who believed specific concerns over superseding AT No. 2, a registered public accounting such a need exists were requested to sec. 501 in its entirety. These firm and its associated persons must not indicate in their responses the type of commenters expressed a belief that, at accept an engagement to provide information that should be included in some point, both issuers and nonissuers might need (or want) other reports on 10 The AICPA’s Code of Professional Conduct 9 The Statements on Standards for Attestation internal control presently not provided (‘‘ET’’) Rule 101, and interpretations and rulings Engagements (‘‘AT’’) are codified into the AICPA thereunder, are codified into the AICPA Professional Standards, vol. 1, as AT sections 101 for under PCAOB Auditing Standard Professional Standards, vol. 2, as ET sections 101 through 701. No. 2. For example, these commenters and 191.

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internal control-related services to an June 17, 2004 as the standard for audits supersedes AT sec. 501, ‘‘Reporting on issuer for which the registered public of internal control over financial an Entity’s Internal Control Over accounting firm also audits the financial reporting required by Section 404(b) of Financial Reporting,’’ to be effective statements unless that engagement has the Sarbanes-Oxley Act of 2002. PCAOB immediately upon approval of the been specifically pre-approved by the Auditing Standard No. 2 supersedes the conforming amendments by the SEC. As audit committee. Because this Board’s interim standards in a number discussed in greater detail above, in requirement adds to current of respects and auditors must comply light of the adoption of PCAOB independence requirements, a reference with all applicable provisions of Auditing Standard No. 2, the Board does to this requirement has been added to Auditing Standard No. 2 once it is not see a compelling reason for the interpretation 101–3, ‘‘Performance of effective, including those provisions Board to retain AT sec. 501 in its Other Services,’’ to Rule 101, that supersede the Board’s interim interim standards. ‘‘Independence’’ (ET sec. 101.05). The standards. Board did not receive any comments As discussed above, the proposed 6. Effect of Auditing Standard No. 2 on objecting to this amendment. rules describe and expressly state the Audits of Financial Statements Only Please note that a table, ‘‘Cross- changes to the interim standards caused The conforming amendments are References to Conforming Amendments by the adoption of PCAOB Auditing effective, pending SEC approval, for to PCAOB Interim Standards,’’ which Standard No. 2. Accordingly, pending audits of financial statements only for identifies all of the amendments that the SEC approval and subject to the two periods ending on or after July 15, 2005. conforming amendments describe, can exceptions noted below, the Board For the most part, however, the Board be found in PCAOB Release 2004–008, intends for the conforming amendments believes the amendments represent dated September 15, 2004, which is to become effective for integrated audits clarifications of concepts already available on the PCAOB’s Web site at of financial statements and internal included in the Board’s interim http://www.pcaobus.org. control over financial reporting at the standards, rather than wholly new same time PCAOB Auditing Standard 4. Lack of ‘‘Background and Basis for concepts or requirements. Accordingly, No. 2 becomes effective. Companies Conclusions’’ the Board encourages auditors to considered accelerated filers under carefully consider their obligations In auditing standards issued by the Securities Exchange Act Rule 12b–2 12 under the Board’s interim standards and Board, a discussion of the comments are required to comply with the internal not to draw a negative inference from received and other factors deemed control reporting and disclosure the inclusion of a specific provision in significant by the Board in reaching the requirements of Section 404 of the Act the conforming amendments that conclusions embodied in the final for fiscal years ending on or after equivalent procedures are not currently standard is contained in an appendix to November 15, 2004. Other companies required to comply with the Board’s the standard titled ‘‘Background and have until fiscal years ending on or after interim standards. Basis for Conclusions.’’ Because this July 15, 2005, to comply with the rulemaking is not an auditing standard, internal control reporting and disclosure III. Date of Effectiveness of the it does not include such an appendix. requirements and the conforming Proposed Rule and Timing for The Board, however, believes this type amendments. Early implementation of Commission Action of discussion is helpful to this the conforming amendments is Within 35 days of the date of rulemaking. Accordingly, in addition to permitted. publication of this notice in the Federal describing the nature and extent of There are two exceptions to this Register or within such longer period (i) amendments made to the interim general statement. First, certain parts of as the Commission may designate up to standards, the foregoing also contains, the conforming amendments apply to an 90 days of such date if it finds such when appropriate, a discussion of the audit of financial statements of an issuer longer period to be appropriate and significant factors considered by the regardless of whether the issuer is publishes its reasons for so finding or Board in developing the final required to comply with the internal (ii) as to which the Board consents the conclusions reflected in the conforming control requirements of Section 404 of Commission will: amendments. the Act. In order to provide for an (a) By order approve such proposed orderly transition for issuers not 5. Effective Date rule; or required to comply with Section 404 of (b) Institute proceedings to determine As to the effective date of the the Act, the Board has determined that whether the proposed rule should be amendments, PCAOB Rule 3200T these parts of the conforming disapproved. requires auditors to comply with the amendments should be effective for Board’s interim auditing standards ‘‘to audits of financial statements for IV. Solicitation of Comments the extent not superseded or amended periods ending on or after July 15, 2005, Interested persons are invited to by the Board.’’ Similarly, the Board’s pending approval of the conforming submit written data, views and interim attestation and independence amendments by the SEC. This means arguments concerning the foregoing, standards rules require registered firms that auditors of non-accelerated filers including whether the proposed rule is and their associated persons to comply are not required to comply with the consistent with Title I of the Act. with certain existing attestation and conforming amendments in conducting Comments may be submitted by any of independence standards ‘‘to the extent audits of financial statements until the following methods: not superseded or amended by the performing audits of financial Board.’’ 11 statements for fiscal years ending on or Electronic Comments PCAOB Auditing Standard No. 2, An after July 15, 2005. The effect of these • Use the Commission’s Internet Audit of Internal Control Over Financial parts of the conforming amendments is comment form (http://www.sec.gov/ Reporting Performed in Conjunction discussed further below. rules/pcaob.shtml); or with An Audit of Financial Statements, Second, the Board intends for the part • Send an e-mail to rule- was approved by the Commission on of the conforming amendments that [email protected]. Please include File No. PCAOB–2004–07 on the subject 11 PCAOB Rules 3300T, 3600T. 12 See 17 CFR 240.12b–2. line.

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Paper Comments Exchange has filed the proposal A. Self-Regulatory Organization’s • Send paper comments in triplicate pursuant to Section 19(b)(3)(A) of the Statement of the Purpose of, and 4 5 to Jonathan G. Katz, Secretary, Act, and Rule 19b–4(f)(6) thereunder, Statutory Basis for, the Proposed Rule Securities and Exchange Commission, which renders the proposal effective Change upon filing with the Commission. The 450 Fifth Street, NW., Washington, DC 1. Purpose 20549–0609. Commission is publishing this notice to All submissions should refer to File solicit comments on the proposed rule Currently, under Amex Rule 903G, No. PCAOB–2004–07; this file number change, as amended, from interested ‘‘Terms of FLEX Options,’’ FLEX index should be included on the subject line persons. options are limited to a maturity of five years. The purpose of the proposal is to if e-mail is used. To help us process and I. Self-Regulatory Organization’s review your comments efficiently, allow FLEX index options traded on the Statement of the Terms of Substance of Amex to have a maturity beyond five please use only one method. The the Proposed Rule Change Commission will post all comments on years and up to ten years in certain the Commission’s Internet Web site The Exchange proposes to amend circumstances. (http://www.sec.gov/rules/ Amex Rule 903G(a)(4)(i) to extend the FLEX index options provide investors PCAOB.shtml). Comments are also maximum permissible term of FLEX with the ability to customize basic available for public inspection and index options to ten years under certain option features including size, copying in the Commission’s Public circumstances. The text of the proposed expiration date, exercise style, and Reference Room, 450 Fifth Street, NW., rule change appears below. Proposed certain exercise prices. Currently, FLEX Washington, DC 20549. All comments new language is italicized. index options are limited to a maximum received will be posted without change; * * * * * term of five years. The Exchange recently has received requests from we do not edit personal identifying Rule 903G Terms of FLEX Options information from submissions. You broker-dealers to extend the maturity of should submit only information that (a) General Terms FLEX index options to ten years. Among you wish to make available publicly. All (1)–(3) No Change. the reasons for this request from the comments should be submitted on or (4) Every FLEX Request for Quotes broker-dealers is that some of their before November 3, 2004. and every responsive FLEX Quote, as institutional customers trade or issue applicable, must satisfy the following By the Commission. securities with five-to ten-year terms contract and transaction specifications: and are seeking a method to hedge that Jill M. Peterson, (i) The maximum term of any FLEX long-term risk. Furthermore, the Assistant Secretary. Equity Option shall be three years, Chicago Board Options Exchange, Inc. [FR Doc. E4–2575 Filed 10–12–04; 8:45 am] provided, however, that a submitting (‘‘CBOE’’) amended CBOE Rule BILLING CODE 8010—01—P Member may request a longer term to a 24A.4(a)(4)(i) to increase the maximum maximum of five (5) years, and upon term of FLEX index options from five to assessment by the Flex Post Supervisor ten years.6 SECURITIES AND EXCHANGE that sufficient liquidity exists among The proposed amendment to Amex COMMISSION Specialists and Registered Options Rule 903G would permit FLEX index [Release No. 34–50492; File No. SR–Amex– Traders such request may be granted. options with terms up to a maximum of 2004–73] The maximum term of any FLEX Index ten years when requested by a Option shall be five (5) years, however, Submitting Member if the FLEX Post Self-Regulatory Organizations; a Submitting Member may request a Supervisor determines that sufficient American Stock Exchange LLC; Notice longer term to a maximum of ten (10) liquidity exists among FLEX index of Filing and Immediate Effectiveness years, and upon assessment by the Flex participating members. In other words, of a Proposed Rule Change and Post Supervisor that sufficient liquidity the FLEX Post Supervisor will ask FLEX Amendment No. 1 Relating to the exists among Specialists and Registered index market-makers and other FLEX Maturity of FLEX Index Options Options Traders such request may be index traders (including the Submitting granted; Member) whether any of them are October 5, 2004. (ii)–(iv) No Change. interested in making a two-sided market Pursuant to Section 19(b)(1) of the (b)–(c) No Change. Securities Exchange Act of 1934 in the proposed series for the size * * * * * (‘‘Act’’),1 and Rule 19b–4 thereunder,2 requested. If the answer is yes, the FLEX notice is hereby given that on August II. Self-Regulatory Organization’s Post Supervisor will open a Request for 31, 2004, the American Stock Exchange Statement of the Purpose of, and Quotes for the proposed series and it LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with Statutory Basis for, the Proposed Rule will trade pursuant to the provisions of the Securities and Exchange Change Amex Rule 904G, ‘‘FLEX Trading Commission (‘‘Commission’’) the In its filing with the Commission, the Procedures and Principles.’’ The proposed rule change as described in Amex included statements concerning liquidity requirement will help to Items I and II below, which Items have the purpose of, and basis for, the ensure that there is not a proliferation 3 been prepared by the Amex. The proposed rule change and discussed any of longer-term FLEX index options comments it received on the proposed series where no interest in trading such 1 15 U.S.C. 78s(b)(1). rule change. The text of these statements options exists. 2 17 CFR 240.19b–4. may be examined at the places specified The Exchange margin requirements 3 On September 17, 2004, the Amex filed in Item IV below. The Amex has for the proposed longer term FLEX Amendment No. 1 to the proposal. See letter from index options will be the same margin Laura M. Clare, Assistant General Counsel, Amex, prepared summaries, set forth in to Nancy Sanow, Assistant Director, Division of sections A, B, and C below, of the most requirements that currently apply to Market Regulation, Commission, dated September significant aspects of such statements. 16, 2004 (‘‘Amendment No. 1’’). Amendment No. 1 6 See Securities Exchange Act Release No. 46815 withdraws the Amex’s request that the Commission (November 12, 2002), 67 FR 69775 (November 19, waive the 30-day operative delay. See Rule 19b– 4 15 U.S.C. 78s(b)(3)(A). 2002) (order approving File NO. SR–CBOE–2002– 4(f)(6)(iii), 17 CFR 204.19b–4(f)(6)(iii). 5 17 CFR 240.19b–4(f)(6). 23).

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existing FLEX index options (and other III. Date of Effectiveness of the number should be included on the listed options). The margin that will be Proposed Rule Change and Timing for subject line if e-mail is used. To help the required for a purchase of the proposed Commission Action Commission process and review your FLEX index options in a margin account Because the foregoing rule change: (1) comments more efficiently, please use will be the same margin that is required Does not significantly affect the only one method. The Commission will for a purchase of other listed long-term protection of investors or the public post all comments on the Commission’s options (options with more than nine interest; (2) does not impose any Internet Web site (http://www.sec.gov/ months until expiration) and will be significant burden on competition; and rules/sro.shtml). Copies of the required to comply with the provisions (3) does not become operative for 30 submission, all subsequent of Amex Rule 462(d)(2)(D). days from the date on which it was amendments, all written statements filed, or such shorter time as the with respect to the proposed rule According to the Amex, the proposal change that are filed with the will allow institutions to use longer- Commission may designate if consistent with the protection of investors and the Commission, and all written term FLEX index options to protect public interest, the proposed rule communications relating to the portfolios from long-term market moves change has become effective pursuant to proposed rule change between the with a known and limited cost. The Section 19(b)(3)(A) of the Act 9 and Rule Commission and any person, other than Amex believes that the proposal will 19b–4(f)(6) thereunder.10 As required those that may be withheld from the better serve the long-term hedging needs under Rule 19b–4(f)(6)(iii), the Amex public in accordance with the of institutional investors and provide provided the Commission with written provisions of 5 U.S.C. 552, will be those investors with an alternative to notice of its intention to file the available for inspection and copying in hedging their portfolios with off- proposed rule change at least five the Commission’s Public Reference exchange customized options and business days prior to filing the Room. Copies of the filing also will be warrants. proposal with the Commission or such available for inspection and copying at By allowing for the extension of the shorter period as designated by the the principal offices of the Amex. All comments received will be posted maturity of FLEX index options to ten Commission. without change; the Commission does years in situations where there is At any time within 60 days of the not edit personal identifying demand for a longer-term expiration and filing of the proposed rule change, the Commission may summarily abrogate information from submissions. You where there is sufficient liquidity should submit only information that among FLEX index participating the rule change if it appears to the Commission that such action is you wish to make available publicly. All members to support the request, the necessary or appropriate in the public submissions should refer to File Amex believes that the proposal will interest, for the protection of investors, Number SR–Amex–2004–73 and should better serve the needs of the Amex’s or otherwise in furtherance of the be submitted on or before November 3, customers and members who make a purposes of the Act.11 2004. market for such customers. IV. Solicitation of Comments For the Commission, by the Division of 2. Statutory Basis Market Regulation, pursuant to delegated Interested persons are invited to authority.12 The Exchange believes that its submit written data, views, and Jill M. Peterson, proposed rule change is consistent with arguments concerning the foregoing, Assistant Secretary. Section 6(b) of the Act,7 in general, and including whether the proposed rule [FR Doc. E4–2576 Filed 10–12–04; 8:45 am] change is consistent with the Act. furthers the objectives of Section 6(b)(5) BILLING CODE 8010–01–P of the Act,8 in particular, in that it is Comments may be submitted by any of designed to remove impediments to and the following methods: perfect the mechanism for a free and Electronic Comments SMALL BUSINESS ADMINISTRATION open market and a national market • Use the Commission’s Internet [Declaration of Disaster #3635] system, and, in general, to protect comment form (http://www.sec.gov/ investors and the public interest. rules/sro.shtml); or State of Florida (Amendment #1) • Send an e-mail to rule- B. Self-Regulatory Organization’s In accordance with a notice received Statement on Burden on Competition [email protected]. Please include File Number SR–Amex–2004–73 on the from the Department of Homeland Security—Federal Emergency The Exchange does not believe that subject line. Management Agency—effective the proposed rule change will impose Paper Comments September 30, 2004, the above any burden on competition not • numbered declaration is hereby necessary or appropriate in furtherance Send paper comments in triplicate to Jonathan G. Katz, Secretary, amended to include Alachua, Baker, of the purposes of the Act. Securities and Exchange Commission, Bradford, Charlotte, Citrus, Clay, C. Self-Regulatory Organization’s 450 Fifth Street, NW., Washington, DC Columbia, DeSoto, Dixie, Duval, Flagler, Statement on Comments on the 20549–0609. Gilchrist, Glades, Hamilton, Hendry, Proposed Rule Change Received From All submissions should refer to File Jefferson, Lafayette, Levy, Madison, Members, Participants or Others Number SR–Amex–2004–73. This file Manatee, Nassau, Putnam, Sarasota, St. Johns, Suwannee, Taylor, and Union as No written comments were solicited 9 15 U.S.C. 78s(b)(3)(A). disaster areas due to damages caused by or received with respect to the proposed 10 17 CFR 240.19b–4(f)(6). Hurricane Jeanne occurring on rule change. 11 The Commission considers the 60-day period September 24, 2004 and continuing. within which the Commission may summarily In addition, applications for economic abrogate the proposal under Section 19(b)(3)(C) of the Act to have commenced on September 17, 2004, injury loans from small businesses 7 15 U.S.C. 78f(b). the date the Amex filed Amendment No. 1 to the 8 15 U.S.C. 78f(b)(5). proposal. 12 17 CFR 200.30–3(a)(12).

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located in the contiguous counties of The interest rates are: New York; Passaic and Sussex Counties Collier, Lee, Leon, and Wakulla in the in the State of New Jersey; and Pike, State of Florida; and Brooks, Camden, Percent Susquehanna, and Wayne Counties in Charleton, Clinch, Echols, Lowndes, the Commonwealth of Pennsylvania. Thomas, and Ware Counties in the State For Physical Damage: Homeowners with credit avail- The interest rates are: of Georgia may be filed until the able elsewhere ...... 6.375 specified date at the previously Homeowners without credit Percent designated location. All other counties available elsewhere ...... 3.187 For Physical Damage: contiguous to the above named primary Businesses with credit available Homeowners with credit avail- elsewhere ...... 5.800 counties have previously been declared. able elsewhere ...... 6.375 Businesses and non-profit orga- The economic injury disaster number Homeowners without credit nizations without credit avail- assigned to Georgia is 9AE300. available elsewhere ...... 3.187 able elsewhere ...... 2.900 All other information remains the Businesses with credit available Others (including non-profit or- same, i.e., the deadline for filing elsewhere ...... 5.800 ganizations) with credit avail- Businesses and non-profit orga- applications for physical damage is able elsewhere ...... 4.875 nizations without credit avail- November 26, 2004 and for economic For Economic Injury: able elsewhere ...... 2.900 injury the deadline is June 27, 2005. Businesses and small agricul- Others (including non-profit or- tural cooperatives without (Catalog of Federal Domestic Assistance ganizations) with credit avail- credit available elsewhere ..... 2.900 Program Nos. 59002 and 59008) able elsewhere ...... 4.875 For Economic Injury: Dated: October 6, 2004. The number assigned to this disaster Herbert L. Mitchell, Businesses and small agricul- for physical damage is 363608. For tural cooperatives without Associate Administrator for Disaster economic injury the number is 9AD600 credit available elsewhere ..... 2.900 Assistance. for New Jersey; 9AD700 for New York; [FR Doc. 04–22928 Filed 10–12–04; 8:45 am] and 9AD800 for Pennsylvania. The The number assigned to this disaster BILLING CODE 8025–01–P Public Assistance number assigned to for physical damage is 363708. For New Jersey is P06108. economic injury the number is 9AD900 for New York; 9AE100 for New Jersey; SMALL BUSINESS ADMINISTRATION (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) and 9AE200 for Pennsylvania. [Declaration of Disaster #3636] Dated: October 5, 2004. (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008) State of New Jersey Herbert L. Mitchell, Associate Administrator for Disaster Dated: October 5, 2004. As a result of the President’s major Assistance. Herbert L. Mitchell, disaster declaration on October 1, 2004, [FR Doc. 04–22933 Filed 10–12–04; 8:45 am] Associate Administrator for Disaster I find that Hunterdon, Mercer, Sussex, BILLING CODE 8025–01–P Assistance. and Warren Counties in the State of [FR Doc. 04–22932 Filed 10–12–04; 8:45 am] New Jersey constitute a disaster area BILLING CODE 8025–01–P due to damages caused by Tropical SMALL BUSINESS ADMINISTRATION Depression Ivan occurring on September [Declaration of Disaster #3637] 18, 2004, and continuing. Applications SMALL BUSINESS ADMINISTRATION for loans for physical damage as a result State of New York of this disaster may be filed until the [Declaration of Disaster #3631] close of business on November 30, 2004 As a result of the President’s major and for economic injury until the close disaster declaration on October 1, 2004, State of Ohio (Amendment #2) of business on July 1, 2005 at the I find that Broome, Chenango, Delaware, address listed below or other locally Orange, Sullivan, and Ulster Counties in In accordance with notices received announced locations: U.S. Small the State of New York constitute a from the Department of Homeland Business Administration, Disaster Area disaster area due to damages caused by Security ‘‘Federal Emergency 1 Office, 360 Rainbow Blvd., South 3rd Tropical Depression Ivan occurring on Management Agency ‘‘effective Fl., Niagara Falls, NY 14303–1192. September 16–24, 2004. Applications September 27 and 29, 2004, the above In addition, applications for economic for loans for physical damage as a result numbered declaration is hereby injury loans from small businesses of this disaster may be filed until the amended to establish the incident located in the following contiguous close of business on November 30, 2004 period for this disaster as beginning counties may be filed until the specified and for economic injury until the close August 27, 2004, and continuing date at the above location: Burlington, of business on July 1, 2005 at the through September 27, 2004. The Middlesex, Monmouth, Morris, Passaic, address listed below or other locally declaration is also amended to include and Somerset in the State of New Jersey; announced locations: U.S. Small Athens, Gallia, Mahoning, Meigs, and Orange County in the State of New Business Administration, Disaster Area Vinton Counties as disaster areas due to York; and Bucks, Monroe, Northampton, 1 Office, 360 Rainbow Blvd., South 3rd severe storms and flooding. and Pike Counties in the Fl., Niagara Falls, NY 14303–1192. In addition, applications for economic Commonwealth of Pennsylvania. In addition, applications for economic injury loans from small businesses Mercer, Sussex, and Warren Counties injury loans from small businesses located in the contiguous counties of in the State of New Jersey are also located in the following contiguous Jackson, Lawrence, and Ross in the State eligible under Public Assistance and our counties may be filed until the specified of Ohio; and Cabell, Jackson, and Mason disaster loan program is available for date at the above location: Columbia, Counties in the State of West Virginia private non-profit organizations that Cortland, Dutchess, Greene, Madison, may be filed until the specified date at provide essential services of a Otsego, Putnam, Rockland, Schoharie, the previously designated location. All governmental nature in those counties. Tioga and Westchester in the State of other counties contiguous to the above

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named primary counties have economic injury loan assistance under days after the essential employee is previously been declared. the Military Reservist Economic Injury discharged or released from active duty. All other information remains the Disaster Loan Program begins on the The purpose of the Military Reservist same, i.e., the deadline for filing date the essential employee is ordered economic injury disaster loan program applications for physical damage is to active duty and ends on the date 90 (MREIDL) is to provide funds to eligible November 18, 2004 and for economic days after the essential employee is small businesses to meet its ordinary injury the deadline is June 20, 2005. discharged or released from active duty. and necessary operating expenses that it (Catalog of Federal Domestic Assistance The purpose of the Military Reservist could have met, but is unable to meet, Program Nos. 59002 and 59008) economic injury disaster loan program because an essential employee was called-up to active duty in their role as Dated: October 6, 2004. (MREIDL) is to provide funds to eligible small businesses to meet its ordinary a military reservist. These loans are Herbert L. Mitchell, and necessary operating expenses that it intended only to provide the amount of Associate Administrator for Disaster working capital needed by a small Assistance. could have met, but is unable to meet, because an essential employee was business to pay its necessary obligations [FR Doc. 04–22927 Filed 10–12–04; 8:45 am] called-up to active duty in their role as as they mature until operations return to BILLING CODE 8025–01–P a military reservist. These loans are normal after the essential employee is intended only to provide the amount of released from active military duty. Applications for loans for military SMALL BUSINESS ADMINISTRATION working capital needed by a small business to pay its necessary obligations reservist economic injury loans may be Revocation of License of Small as they mature until operations return to obtained and filed at the address listed Business Investment Company normal after the essential employee is below: U.S. Small Business released from active military duty. Administration, Disaster Area 3 Office, Pursuant to the authority granted to Applications for loans for military 14925 Kingsport Rd., Ft. Worth, TX the United States Small Business reservist economic injury loans may be 75155–2243, 1–800–366–6303. Administration by the Final Order of the obtained and filed at the address listed The interest rate for eligible small United States District Court for the below: U.S. Small Business businesses is 4.000 percent. The number District of New Jersey, dated September Administration, Disaster Area 4 Office, assigned for economic injury is R30500. 13, 2004, in Civil Action No. 91–510 P.O. Box 419004, Sacramento, CA (Catalog of Federal Domestic Assistance (DRD), the United States Small Business 95841–9004, 1–800–488–5323. Program No. 59002) Administration hereby revokes the The interest rate for eligible small Dated: October 5, 2004. license of Taroco Capital Corporation, a businesses is 4.000 percent. The number Herbert L. Mitchell, New York corporation, to function as a assigned for economic injury is R40500. small business investment company Associate Administrator for Disaster Assistance. under the Small Business Investment (Catalog of Federal Domestic Assistance Program No. 59002) Company License No. 02/02–5318 [FR Doc. 04–22924 Filed 10–12–04; 8:45 am] BILLING CODE 8025–01–P issued to Taroco Capital Corporation on Dated: October 5, 2004. September 10, 1976 and said license is Herbert L. Mitchell, hereby declared null and void as of Associate Administrator for Disaster SMALL BUSINESS ADMINISTRATION September 30, 2004. Assistance. Dated: October 5, 2004. [FR Doc. 04–22923 Filed 10–12–04; 8:45 am] Declaration of Military Reservist United States Small Business BILLING CODE 8025–01–P Economic Injury Disaster Loan #R205 Administration. As a result of Public Law 106–50, the Jeffrey D. Pierson, Veterans Entrepreneurship and Small SMALL BUSINESS ADMINISTRATION Associate Administrator for Investment. Business Development Act of 1999, this [FR Doc. 04–22934 Filed 10–12–04; 8:45 am] Declaration of Military Reservist notice establishes the application filing BILLING CODE 8025–01–P Economic Injury Disaster Loan #R305 period for the Military Reservist Economic Injury Disaster Loan program. As a result of Public Law 106–50, the Effective October 1, 2004, small SMALL BUSINESS ADMINISTRATION Veterans Entrepreneurship and Small businesses employing military reservists Declaration of Military Reservist Business Development Act of 1999, this may apply for economic injury disaster Economic Injury Disaster Loan #R405 notice establishes the application filing loans if those employees are called up period for the Military Reservist to active duty during a period of As a result of Public Law 106–50, the Economic Injury Disaster Loan program. military conflict existing on or after Veterans Entrepreneurship and Small Effective October 1, 2004, small March 24, 1999 and those employees are Business Development Act of 1999, this businesses employing military reservists essential to the success of the small notice establishes the application filing may apply for economic injury disaster business daily operations. The filing period for the Military Reservist loans if those employees are called up period for small businesses to apply for Economic Injury Disaster Loan program. to active duty during a period of economic injury loan assistance under Effective October 1, 2004, small military conflict existing on or after the Military Reservist Economic Injury businesses employing military reservists March 24, 1999 and those employees are Disaster Loan Program begins on the may apply for economic injury disaster essential to the success of the small date the essential employee is ordered loans if those employees are called up business daily operations. The filing to active duty and ends on the date 90 to active duty during a period of period for small businesses to apply for days after the essential employee is military conflict existing on or after economic injury loan assistance under discharged or released from active duty. March 24, 1999 and those employees are the Military Reservist Economic Injury The purpose of the Military Reservist essential to the success of the small Disaster Loan Program begins on the economic injury disaster loan program business daily operations. The filing date the essential employee is ordered (MREIDL) is to provide funds to eligible period for small businesses to apply for to active duty and ends on the date 90 small businesses to meet its ordinary

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and necessary operating expenses that it working capital needed by a small the exhibit objects, contact Wolodymyr could have met, but is unable to meet, business to pay its necessary obligations R. Sulzynsky, the Office of the Legal because an essential employee was as they mature until operations return to Adviser, Department of State, called-up to active duty in their role as normal after the essential employee is (telephone: 202/619–5078). The address a military reservist. These loans are released from active military duty. is: Department of State, SA–44, and 301 intended only to provide the amount of Applications for loans for military 4th Street, SW., Room 700, Washington, working capital needed by a small reservist economic injury loans may be DC 20547–0001. obtained and filed at the address listed business to pay its necessary obligations Dated: October 1, 2004. as they mature until operations return to below: U.S. Small Business C. Miller Crouch, normal after the essential employee is Administration, Disaster Area 1 Office, released from active military duty. 360 Rainbow Blvd., South 3rd Fl., Principal Deputy Assistant Secretary for Applications for loans for military Niagara Falls, NY 14303, 1–800–659– Educational and Cultural Affairs, Department of State. reservist economic injury loans may be 2955. obtained and filed at the address listed The interest rate for eligible small [FR Doc. 04–22936 Filed 10–12–04; 8:45 am] below: U.S. Small Business businesses is 4.000 percent. The number BILLING CODE 4710–08–P Administration, Disaster Area 2 Office, assigned for economic injury is R10500. One Baltimore Place, Suite 300, Atlanta, (Catalog of Federal Domestic Assistance GA 30308, 1–800–359–2227. Program No. 59002) OFFICE OF THE UNITED STATES The interest rate for eligible small TRADE REPRESENTATIVE businesses is 4.000 percent. The number Dated: October 5, 2004. assigned for economic injury is R20500. Herbert L. Mitchell, Identification of Countries Under Associate Administrator for Disaster Section 182 of the Trade Act of 1974: (Catalog of Federal Domestic Assistance Request for Public Comment Program No. 59002) Assistance. [FR Doc. 04–22926 Filed 10–12–04; 8:45 am] Dated: October 5, 2004. AGENCY: Office of the United States Herbert L. Mitchell, BILLING CODE 8025–01–P Trade Representative. Associate Administrator for Disaster ACTION: Request for written submissions Assistance. from the public. DEPARTMENT OF STATE [FR Doc. 04–22925 Filed 10–12–04; 8:45 am] SUMMARY: Section 182 of the Trade Act BILLING CODE 8025–01–P [Public Notice 4858] of 1974 (Trade Act) (19 U.S.C. 2242), Culturally Significant Objects Imported requires the United States Trade Representative (USTR) to identify SMALL BUSINESS ADMINISTRATION for Exhibition Determinations: ‘‘Stubbs and the Horse’’ countries that deny adequate and Declaration of Military Reservist effective protection of intellectual Economic Injury Disaster Loan #R105 Summary: Notice is hereby given of property rights or deny fair and the following determinations: Pursuant equitable market access to U.S. persons As a result of Public Law 106–50, the to the authority vested in me by the Act who rely on intellectual property Veterans Entrepreneurship and Small of October 19, 1965 (79 Stat. 985; 22 protection. Section 182 is commonly Business Development Act of 1999, this U.S.C. 2459), Executive Order 12047 of referred to as the ‘‘Special 301’’ notice establishes the application filing March 27, 1978, the Foreign Affairs provision of the Trade Act. In addition, period for the Military Reservist Reform and Restructuring Act of 1998 USTR is required to determine which of Economic Injury Disaster Loan program. (112 Stat. 2681, et seq.; 22 U.S.C. 6501 those countries should be identified as Effective October 1, 2004, small note, et seq.), Delegation of Authority Priority Foreign Countries. On May 3, businesses employing military reservists No. 234 of October 1, 1999, Delegation 2004, USTR announced the results of may apply for economic injury disaster of Authority No. 236 of October 19, the 2004 Special 301 review and stated loans if those employees are called up 1999, as amended, and Delegation of that an Out-of-Cycle Review (OCR) to active duty during a period of Authority No. 257 of April 15, 2003 [68 would be conducted in the fall for military conflict existing on or after FR 19875], I hereby determine that the Malaysia, Poland, and Taiwan. USTR March 24, 1999 and those employees are objects to be included in the exhibition requests written comments from the essential to the success of the small ‘‘Stubbs and the Horse’’ imported from public concerning the acts, policies, and business daily operations. The filing abroad for temporary exhibition within practices relevant for this review under period for small businesses to apply for the United States, are of cultural section 182 of the Trade Act. economic injury loan assistance under significance. The objects are imported DATES: Submissions must be received on the Military Reservist Economic Injury pursuant to loan agreements with the or before 12 noon on Friday, November Disaster Loan Program begins on the foreign owners. I also determine that the 5, 2004. date the essential employee is ordered exhibition or display of the exhibit ADDRESSES: Comments should be to active duty and ends on the date 90 objects at The Kimbell Art Museum, addressed to Sybia Harrison, Special days after the essential employee is Fort Worth, Texas, from on or about Assistant to the Section 301 Committee, discharged or released from active duty. November 14, 2004 to on or about The purpose of the Military Reservist February 6, 2005, and at the Walters Art and sent (i) electronically, to economic injury disaster loan program Museum, Baltimore, Maryland, from on [email protected], with ‘‘Special 301 (MREIDL) is to provide funds to eligible or about March 13, 2005 to on or about Out-of-Cycle Review’’ in the subject small businesses to meet its ordinary May 29, 2005, and at possible additional line, or (ii) by fax, to (202) 395–9458, and necessary operating expenses that it venues yet to be determined, is in the with a confirmation copy sent could have met, but is unable to meet, national interest. Public Notice of these electronically to the e-mail address because an essential employee was Determinations is ordered to be above. called-up to active duty in their role as published in the Federal Register. FOR FURTHER INFORMATION CONTACT: a military reservist. These loans are For Further Information Contact: For Brian Peck, Senior Director for intended only to provide the amount of further information, including a list of Intellectual Property, (202) 395–6864; or

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Stanford McCoy, Assistant General The ‘‘P-’’ or ‘‘BC-’’ should be followed Intended Effective Date: 18 November Counsel, (202) 395–3581, Office of the by the name of the submitter. 2004. United States Trade Representative. Submissions should not include Andrea M. Jenkins, SUPPLEMENTARY INFORMATION: Pursuant separate cover letters; information that might appear in a cover letter should be Program Manager, Docket Operations, to section 182 of the Trade Act, USTR Federal Register Liaison. included in the submission itself. To the must identify those countries that deny [FR Doc. 04–22944 Filed 10–12–04; 8:45 am] adequate and effective protection for extent possible, any attachments to the BILLING CODE 4910–62–P intellectual property rights or deny fair submission should be included in the and equitable market access to U.S. same file as the submission itself, and not as separate files. persons who rely on intellectual DEPARTMENT OF TRANSPORTATION property protection. Those countries All comments should be addressed to that have the most onerous or egregious Sybia Harrison, Special Assistant to the Federal Aviation Administration acts, policies, or practices and whose Section 301 Committee, and sent (i) acts, policies, or practices have the electronically, to [email protected], with Notice of Intent To Request Renewal greatest adverse impact (actual or ‘‘Special 301 Out-of-Cycle Review’’ in From the Office of Management and potential) on relevant U.S. products may the subject line, or (ii) by fax, to (202) Budget (OMB) of Three Current Public be identified as Priority Foreign 395–9458, with a confirmation copy Collections of Information Countries. Acts, policies, or practices sent electronically to the email address AGENCY: Federal Aviation that are the basis of a country’s above. Administration (FAA), DOT. designation as a Priority Foreign Public Inspection of Submissions: ACTION: Notice. Country are normally the subject of an Within one business day of receipt, non- investigation under the Section 301 confidential submissions will be placed SUMMARY: In compliance with the provisions of the Trade Act. in a public file open for inspection at Paperwork Reduction Act (44 U.S.C. On May 3, 2004, USTR announced the the USTR reading room, Office of the 3501 et seq.), the FAA invites public results of the 2004 Special 301 review, United States Trade Representative, comment on three currently approved including an announcement that an Annex Building, 1724 F Street, NW., public information collections which Out-of-Cycle Review (OCR) would be Room 1, Washington, DC. An will be submitted to OMB for renewal. conducted in the fall for Malaysia, appointment to review the file must be DATES: comments must be received on Poland and Taiwan. Additional scheduled at least 48 hours in advance or before December 13, 2004. countries may also be reviewed as a and may be made by calling Jacqueline result of the comments received ADDRESSES: Comments may be mailed Caldwell at (202) 395–6186. The USTR or delivered to the FAA at the following pursuant to this notice, or as warranted reading room is open to the public from by events. address: Ms. Judy Street, Room 613, 10 a.m. to noon and from 1 p.m. to 4 Federal Aviation Administration, Requirements for Comments: p.m., Monday through Friday. Comments should include a description Standards and Information Division, of the problems experienced and the Brian Peck, APF–100, 800 Independence Ave., SW., effect of the acts, policies, and practices Senior Director for Intellectual Property. Washington, DC 20591. on U.S. industry. Comments should be [FR Doc. 04–22901 Filed 10–12–04; 8:45 am] FOR FURTHER INFORMATION CONTACT: Ms. as detailed as possible and should BILLING CODE 3190–W5–M Judy Street at the above address or on provide all necessary information for (202) 267–9895. assessing the effect of the acts, policies, SUPPLEMENTARY INFORMATION: In and practices. Any comments that accordance with the Paperwork include quantitative loss claims should DEPARTMENT OF TRANSPORTATION Reduction Act of 1995, an agency may be accompanied by the methodology not conduct or sponsor, and a person is used in calculating such estimated Office of the Secretary not required to respond to a collection losses. of information unless it displays a Comments must be in English. No Aviation Proceedings, Agreements currently valid OMB control number. submissions will be accepted via postal Filed the Week Ending October 1, 2004 Therefore, the FAA solicits comments service mail. Documents should be on the following current collections of submitted as either WordPerfect, MS The following Agreements were filed information in order to evaluate the Word, or text (.TXT) files. Supporting with the Department of Transportation necessity of the collection, the accuracy documentation submitted as under the provisions of 49 U.S.C. 412 of the agency’s estimate of the burden, spreadsheets are acceptable as Quattro and 414. Answers may be filed within the quality, utility, and clarity of the Pro or Excel files. A submitter 21 days after the filing of the information to be collected, and requesting that information contained in application. possible ways to minimize the burden of a comment be treated as confidential Docket Number: OST–2004–19249. the collection in preparation for business information must certify that Date Filed: September 29, 2004. submission to renew the clearances of such information is business the following information collections. Parties: Members of the International confidential and would not customarily 1. 2120–0005, General Operating and Air Transport Association. be released to the public by the Flight Rules—FAR 91. Part A of Subtitle submitter. A non-confidential version of Subject: VII of the Revised Title 49 U.S.C. the comment must also be provided. For PTC2 EUR 0584, PTC2 EUR–ME 0196, authorizes the issuance of regulations any document containing business PTC2 EUR–AFR 0211 governing the use of navigable airspace. confidential information, the file name Dated 1 October 2004. 14 CFR part 91 prescribes regulations of the business confidential version governing the general operation and should begin with the characters ‘‘BC-’’, Mail Vote 413—Resolution 010y flight of aircraft. Information is collected and the file name of the public version Special Passenger Amending Resolution to determine compliance. Respondents should begin with the character ‘‘P-’’. from Algeria. are individual airmen, State or local

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governments, and businesses. The 267–7277; ARINC: DCAYAXD; e-mail various addresses provided in the current estimated annual reporting address: 7–AWA–[email protected]. ADDRESSES section above. The FAA will burden is 231,064 hours. FOR FURTHER INFORMATION CONTACT: review all submitted schedules and 2. 2120–0517, Airport Noise Lorelei Peter, Air Traffic and Operations individually advise carriers that there is Compatibility Planning—14 CFR part Law Branch, Regulations Division, capacity available to accommodate the 150. The respondents are those airport Office of the Chief Counsel, Federal operations or to request the carriers to operators voluntarily submitting noise Administration, 800 Independence schedule in less congested time periods. exposure maps and noise compatibility Avenue, SW., Washington, DC 20591; Issued in Washington, DC on October 6, programs to the FAA for review and telephone number: 202–267–3073. 2004. approval. FAA approval makes airport SUPPLEMENTARY INFORMATION: On Andrew B. Steinberg, operators’ noise compatibility programs October 1, 1999, the FAA amended the Chief Counsel. eligible for discretionary grant funds set regulations governing takeoff and aside under the FAA Airport [FR Doc. 04–22948 Filed 10–12–04; 8:45 am] landing slots and slot allocation BILLING CODE 4910–13–M Improvement Program for that purpose. procedures at certain high Density The current estimated annual reporting Traffic Airports to provide the deadline burden is 50,400 hours. for submission of requests for DEPARTMENT OF TRANSPORTATION 3. 2120–0675, 14 CFR part 139 international slots will be published in Certification of Airports. This rule a Federal Register notice for each Federal Aviation Administration revises the current airport certification scheduling season. The purpose of the regulations and establishes certification amendment is for the FAA deadline for Notice of Intent To Rule on Application requirements for airports serving international slots requests to coincide 04–02–C–00–ROA To Impose and Use scheduled air carrier operations in with the International Air Transport the Revenue From a Passenger Facility aircraft with 10–30 seats. The changes to Association deadline for submission of Charge (PFC) at Roanoke Regional 14 CFR part 139 result in additional international requests. In accordance Airport, Roanoke, VA information collections from with this amendment, the FAA respondents. The current estimated AGENCY: Federal Aviation announces that the deadline for Administration (FAA), DOT. annual reporting burden is 52,993 submitting requests for international ACTION: hours. slots for allocation under 14 CFR 93.217 Notice of intent to rule on Issued in Washington, DC, on October 5, is October 25, 2004. application. 2004. In August 2004, the FAA took steps to SUMMARY: The FAA proposes to rule and Judith D. Street, address the congestion and delays at invites public comment on the FAA Information Collection Clearance O’Hare as a result of persistent application to impose and use the Officer, APF–100. overscheduling of flights at O’Hare revenue from a PFC at Roanoke Regional [FR Doc. 04–22950 Filed 10–12–04; 8:45 am] during peak hours. The FAA established Airport (ROA) under the provisions of BILLING CODE 4910–13–M a temporary limit on the number of the 49 U.S.C. 40117 and part 158 of the scheduled arrivals at O’Hare by Federal Aviation Regulations (14 CFR domestic operators during the peak part 158). The FAA is changing the DEPARTMENT OF TRANSPORTATION hours of 7 a.m. through 8:59 p.m. Federal Register Notice published beginning November 1, 2004, through Federal Aviation Administration Friday, October 1, 2004, to change the April 30, 2005. While the FAA order approve or disapprove date of the Notice of Submission Deadline for limiting these operations did not application, in whole or in part, no later International Slots for the Summer include a limit on international flights than November 29, 2004. We are also 2005 Scheduling Season by foreign flag operators, the FAA changing the application number to believes that it is beneficial to work identify this as ROAs’ second AGENCY: Department of Transportation, with requesting carriers to accommodate application. FAA. their operations but to avoid capacity ACTION: Notice of submission deadline. problems to the greatest extent DATES: Comments must be received on practicable. To facilitate this process, or before November 12, 2004. SUMMARY: This notice announces that the FAA is designating O’Hare as a ADDRESSES: Comments on this the deadline for submitting requests for Schedules Facilitated Airport, Level 2 application may be mailed or delivered international slots at John F. Kennedy (SFA) for Air Traffic Control/runway in triplicate to the FAA at the following International Airport for allocation movements, as specified under the address: Washington Airports District under 14 CFR 93.217 is October 25, International Air Transport Association Office, 23723 Air Freight Lane, Suite 2004. Additionally, this notice (IATA) Worldwide Scheduling 210, Dulles, Virginia 20166. announces that the FAA is changing the Guidelines. (We note that IATA already In addition, one copy of any designation of Chicago O’Hare lists O’hare as an SFA/Level 2 airport comments submitted to the FAA must International Airport to a Schedules for international passenger flights at be mailed or delivered to Ms. Jacqueline Facilitated Airport for all international Terminal 5.) As an SFA, carriers L. Shuck, Executive Director, Roanoke arrivals for the Summer 2005 operating to or intending to operate to Regional Airport of the Roanoke Airport scheduling season. this airport should submit their Commission at the following address: DATES: Requests for international slots proposed schedules to the FAA in Roanoke Regional Airport Commission, must be submitted no later than October advance, so that voluntary solutions to 5202 Aviation Drive, Roanoke, Virginia 25, 2004. capacity issues can be addressed. The 24012–1148. ADDRESSES: Requests may be submitted FAA could request carriers to consider Air carriers and foreign air carriers by mail to Slot Administration Office, scheduling operations at less congested may submit copies of written comments AGC–220 Office of the Chief Counsel, periods, as necessary. Carriers should previously provided to the public 800 Independence Ave., SW., provide their schedules to the Slot agency full name under § 158.23 of part Washington, DC 20591; facsimile: 202– Administration Office using one of the 158.

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FOR FURTHER INFORMATION CONTACT: Mr. petition for a decision that 1993 received, whether the vehicle is eligible Terry J. Page, Manager, Washington Mercedes Benz 190E passenger cars that for importation. The agency then Airports District Office, 23723 Air were not originally manufactured to publishes this decision in the Federal Freight Lane, Suite 210, Dulles, Virginia comply with all applicable Federal Register. 20166; Telephone: 703–661–1354. motor vehicle safety standards are J.K. Technologies, LLC (‘‘JK’’), of The application may be reviewed in eligible for importation into the United Baltimore, Maryland (Registered person at this same location. States because (1) they are substantially Importer RI–90–006) has petitioned SUPPLEMENTARY INFORMATION: The FAA similar to vehicles that were originally NHTSA to decide whether proposes to rule and invites public manufactured for importation into and nonconforming 1993 Mercedes Benz comment on the application to impose sale in the United States and that were 190E passenger cars are eligible for and use the revenue from a PFC at certified by their manufacturer as importation into the United States. The Roanoke Regional Airport under the complying with the safety standards, vehicles which JK believes are provisions of the 49 U.S.C. 40117 and and (2) they are capable of being readily substantially similar are 1993 Mercedes part 158 of the Federal Aviation altered to conform to the standards. Benz 190E passenger cars that were Regulations (14 CFR part 158). DATES: The closing date for comments manufactured for importation into, and On August 31, 2004, the FAA on the petition is November 12, 2004. sale in, the United States and certified determined that the application to ADDRESSES: Comments should refer to by their manufacturer as conforming to impose, use the revenue from, impose the docket number and notice number, all applicable Federal motor vehicle and use the revenue from a PFC and be submitted to: Docket safety standards. submitted by Roanoke Regional Airport Management, Room PL–401, 400 The petitioner claims that it carefully Commission was substantially complete Seventh St., SW., Washington, DC compared non-U.S. certified 1993 within the requirements of § 158.25 of 20590. [Docket hours are from 9 a.m. to Mercedes Benz 190E passenger cars to part 158. The FAA will approve or 5 p.m.]. Anyone is able to search the their U.S.-certified counterparts, and disapprove the application, in whole or electronic form of all comments found the vehicles to be substantially in part, no later than November 29, received into any of our dockets by the similar with respect to compliance with 2004. name of the individual submitting the most Federal motor vehicle safety Any person may inspect the comment (or signing the comment, if standards. application in person at the FAA office submitted on behalf of an association, JK submitted information with its listed above under FOR FURTHER business, labor union, etc.). You may petition intended to demonstrate that INFORMATION CONTACT and at the FAA review DOT’s complete Privacy Act non-U.S. certified 1993 Mercedes Benz regional Airports office located at: Statement in the Federal Register 190E passenger cars, as originally Federal Aviation Administration, published on April 11, 2000 (Volume manufactured, conform to many Federal Eastern Region, 1 Aviation Plaza, 65, Number 70; Pages 19477–78) or you motor vehicle safety standards in the Jamaica, New York 11434–4809. may visit http://dms.dot.gov. same manner as their U.S. certified In addition, any person may, upon FOR FURTHER INFORMATION CONTACT: counterparts, or are capable of being request, inspect the application, notice Coleman Sachs, Office of Vehicle Safety readily altered to conform to those and other documents germane to the Compliance, NHTSA (202–366–3151). standards. application in person at the Roanoke SUPPLEMENTARY INFORMATION: Specifically, the petitioner claims that Regional Airport Commission. non-U.S. certified 1993 Mercedes Benz Background Issued in Dulles, Virginia on September 23, 190E passenger cars are identical to 2004. Under 49 U.S.C. 30141(a)(1)(A), a their U.S. certified counterparts with Terry J. Page, motor vehicle that was not originally respect to compliance with Standard Manager, Washington Airports District Office, manufactured to conform to all Nos. 102 Transmission Shift Lever Eastern Region. applicable Federal motor vehicle safety Sequence, Starter Interlock, and [FR Doc. 04–22949 Filed 10–12–04; 8:45 am] standards shall be refused admission Transmission Braking Effect, 103 into the United States unless NHTSA Windshield Defrosting and Defogging BILLING CODE 4910–13–M has decided that the motor vehicle is Systems, 104 Windshield Wiping and substantially similar to a motor vehicle Washing Systems, 105 Hydraulic Brake DEPARTMENT OF TRANSPORTATION originally manufactured for importation Systems, 106 Brake Hoses, 107 into and sale in the United States, Reflecting Surfaces, 109 New Pneumatic National Highway Traffic Safety certified under 49 U.S.C. 30115, and of Tires, 113 Hood Latch System, 116 Administration the same model year as the model of the Motor Vehicle Brake Fluids, 118 Power- motor vehicle to be compared, and is Operated Window, Partition, and Roof [Docket No. NHTSA–2004–19291] capable of being readily altered to Panel Systems, 124 Accelerator Control Notice of Receipt of Petition for conform to all applicable Federal motor Systems, 201 Occupant Protection in Decision That Nonconforming 1993 vehicle safety standards. Interior Impact, 202 Head Restraints, Mercedes Benz 190E Passenger Cars Petitions for eligibility decisions may 204 Steering Control Rearward Are Eligible for Importation be submitted by either manufacturers or Displacement, 205 Glazing Materials, importers who have registered with 206 Door Locks and Door Retention AGENCY: National Highway Traffic NHTSA pursuant to 49 CFR part 592. As Components, 207 Seating Systems, 209 Safety Administration, DOT. specified in 49 CFR 593.7, NHTSA Seat Belt Assemblies, 210 Seat Belt ACTION: Notice of receipt of petition for publishes notice in the Federal Register Assembly Anchorages, 211 Wheel Nuts, decision that nonconforming passenger of each petition that it receives, and Wheel Discs and Hub Caps, 212 cars are eligible for importation. affords interested persons an Windshield Mounting, 214 Side Impact opportunity to comment on the petition. Protection, 216 Roof Crush Resistance, SUMMARY: This document announces At the close of the comment period, 219 Windshield Zone Intrusion, 301 receipt by the National Highway Traffic NHTSA decides, on the basis of the Fuel System Integrity, and 302 Safety Administration (NHTSA) of a petition and any comments that it has Flammability of Interior Materials

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In addition, the petitioner claims that Authority: 49 U.S.C. 30141(a)(1)(A) and Background the vehicles comply with the Bumper (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. Under 49 U.S.C. 30141(a)(1)(A), a Standard found in 49 CFR part 581. motor vehicle that was not originally The petitioner also contends that the Claude H. Harris, manufactured to conform to all vehicles are capable of being readily Director, Office of Vehicle Safety Compliance. applicable Federal motor vehicle safety altered to meet the following standards, [FR Doc. 04–22953 Filed 10–12–04; 8:45 am] standards shall be refused admission in the manner indicated: into the United States unless NHTSA Standard No. 101 Controls and BILLING CODE 4910–59–P has decided that the motor vehicle is Displays: Installation of a U.S.-model substantially similar to a motor vehicle instrument cluster. DEPARTMENT OF TRANSPORTATION Standard No. 108 Lamps, Reflective originally manufactured for importation Devices and Associated Equipment: into and sale in the United States, National Highway Traffic Safety certified under 49 U.S.C. 30115, and of Replacement of the following with U.S.- Administration model components: (a) Headlamp the same model year as the model of the assemblies; (b) front side marker lamps; [Docket No. NHTSA–2004–19290] motor vehicle to be compared, and is (c) taillamp assemblies that incorporate capable of being readily altered to rear side marker lamps; and (d) rear Notice of Receipt of Petition for conform to all applicable Federal motor high mounted stop lamp. Decision That Nonconforming 2004 vehicle safety standards. Standard No. 110 Tire Selection and Rolls Royce Phantom Passenger Cars Petitions for eligibility decisions may Rims: Installation of a tire information Are Eligible for Importation be submitted by either manufacturers or importers who have registered with placard. AGENCY: National Highway Traffic NHTSA pursuant to 49 CFR part 592. As Standard No. 111 Rearview Mirrors: Safety Administration, DOT. Installation of a U.S.-model passenger specified in 49 CFR 593.7, NHTSA ACTION: Notice of receipt of petition for publishes notice in the Federal Register side rearview mirror, or inscription of decision that nonconforming 2004 Rolls the required warning statement on the of each petition that it receives, and Royce Phantom passenger cars are affords interested persons an face of that mirror. eligible for importation. Standard No. 114 Theft Protection: opportunity to comment on the petition. Installation of U.S. version software and SUMMARY: This document announces At the close of the comment period, a supplemental warning buzzer to meet receipt by the National Highway Traffic NHTSA decides, on the basis of the the requirements of this standard. Safety Administration (NHTSA) of a petition and any comments that it has Standard No. 115 Vehicle petition for a decision that 2004 Rolls received, whether the vehicle is eligible Identification: Installation of a vehicle Royce Phantom passenger cars that were for importation. The agency then identification plate near the left not originally manufactured to comply publishes this decision in the Federal windshield post to meet the with all applicable Federal motor Register. requirements of this standard. vehicle safety standards are eligible for Automobile Concepts, Inc. (‘‘AMC’’), Standard No. 208 Occupant Crash importation into the United States of North Miami, Florida (Registered Protection: Installation of a seat belt because (1) they are substantially Importer 01–278) has petitioned NHTSA warning buzzer, wired to the seat belt similar to vehicles that were originally to decide whether nonconforming 2004 latch. The petitioner also states that the manufactured for importation into and Rolls Royce Phantom passenger cars are vehicles are equipped with dual front sale in the United States and that were eligible for importation into the United air bags, knee bolsters, and combination certified by their manufacturer as States. The vehicles which AMC lap and shoulder belts at the outboard complying with the safety standards, believes are substantially similar are front seating positions and with and (2) they are capable of being readily 2004 Rolls Royce Phantom passenger combination lap and shoulder belts at altered to conform to the standards. cars that were manufactured for the outboard rear seating positions. importation into, and sale in, the United DATES: The closing date for comments These seat belts are self-tensioning and States and certified by their on the petition is November 12, 2004. capable of being released by means of a manufacturer as conforming to all ADDRESSES: single red push button. Comments should refer to applicable Federal motor vehicle safety Interested persons are invited to the docket number and notice number, standards. submit comments on the petition and be submitted to: Docket The petitioner claims that it carefully described above. Comments should refer Management, Room PL–401, 400 compared non-U.S. certified 2004 Rolls to the docket number and be submitted Seventh St., SW., Washington, DC Royce Phantom passenger cars to their to: Docket Management, Room PL–401, 20590. [Docket hours are from 9 a.m. to U.S.-certified counterparts, and found 400 Seventh St., SW., Washington, DC 5 p.m.]. Anyone is able to search the the vehicles to be substantially similar 20590. [Docket hours are from 9 a.m. to electronic form of all comments with respect to compliance with most 5 p.m.]. It is requested but not required received into any of our dockets by the Federal motor vehicle safety standards. that 10 copies be submitted. name of the individual submitting the AMC submitted information with its All comments received before the comment (or signing the comment, if petition intended to demonstrate that close of business on the closing date submitted on behalf of an association, non-U.S. certified 2004 Rolls Royce indicated above will be considered, and business, labor union, etc.). You may Phantom passenger cars, as originally will be available for examination in the review DOT’s complete Privacy Act manufactured, conform to many Federal docket at the above address both before Statement in the Federal Register motor vehicle safety standards in the and after that date. To the extent published on April 11, 2000 (Volume same manner as their U.S. certified possible, comments filed after the 65, Number 70; Pages 19477–78) or you counterparts, or are capable of being closing date will also be considered. may visit http://dms.dot.gov. readily altered to conform to those Notice of final action on the petition FOR FURTHER INFORMATION CONTACT: standards. will be published in the Federal Coleman Sachs, Office of Vehicle Safety Specifically, the petitioner claims that Register pursuant to the authority Compliance, NHTSA (202–366–3151). non-U.S. certified 2004 Rolls Royce indicated below. SUPPLEMENTARY INFORMATION: Phantom passenger cars are identical to

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their U.S. certified counterparts with with this standard with U.S.-model DEPARTMENT OF TRANSPORTATION respect to compliance with Standard components. National Highway Traffic Safety Nos. 102 Transmission Shift Lever Petitioner states that the restraint Administration Sequence, Starter Interlock, and systems used at the front outboard Transmission Braking Effect, 103 seating positions include airbags and [Docket No. NHTSA–2004–19122] Windshield Defrosting and Defogging knee bolsters as well as combination lap Systems, 104 Windshield Wiping and and shoulder belts at the front and rear Notice of Receipt of Petition for Washing Systems, 106 Brake Hoses, 109 Decision That Nonconforming 2004 designated seating positions. These seat New Pneumatic Tires, 113 Hood Latch Lamborghini Gallardo Passenger Cars belt systems are self-tensioning and System, 116 Motor Vehicle Brake Fluids, Are Eligible for Importation 124 Accelerator Control Systems, 135 release by means of a single red Passenger Car Brake Systems, 201 pushbutton. AGENCY: National Highway Traffic Occupant Protection in Interior Impact, Standard No. 209 Seat Belt Safety Administration, DOT. 202 Head Restraints, 204 Steering Assemblies: Inspection of all vehicles ACTION: Notice of receipt of petition for Control Rearward Displacement, 205 and replacement of any non-U.S.-model decision that nonconforming 2004 Glazing Materials, 206 Door Locks and seat belts with U.S.-model components Lamborghini Gallardo passenger cars are Door Retention Components, 207 on vehicles that are not already so eligible for importation. Seating Systems, 212 Windshield equipped. Mounting, 214 Side Impact Protection, SUMMARY: This document announces 216 Roof Crush Resistance, 219 Standard No. 210 Seat Belt Assembly receipt by the National Highway Traffic Windshield Zone Intrusion, 225 Child Anchorages: Inspection of all vehicles Safety Administration (NHTSA) of a Restraint Anchorage Systems, 302 and replacement of any non-U.S.-model petition for a decision that 2004 Flammability of Interior Materials, and seat belt anchorages with U.S.-model Lamborghini Gallardo passenger cars 401 Interior Trunk Release. components on vehicles that are not that were not originally manufactured to In addition, the petitioner claims that already so equipped. comply with all applicable Federal the vehicles comply with the Bumper Standard No. 301 Fuel System motor vehicle safety standards are eligible for importation into the United Standard found in 49 CFR part 581. Integrity: Inspection of all vehicles and States because (1) they are substantially The petitioner also contends that the replacement of any non-U.S.-model fuel vehicles are capable of being readily similar to vehicles that were originally system components with U.S.-model manufactured for importation into and altered to meet the following standards, components. in the manner indicated: sale in the United States and that were Standard No. 101 Controls and The petitioner additionally states that certified by their manufacturer as Displays: Installation of a U.S.-model a vehicle identification plate must be complying with the safety standards, instrument cluster. U.S. version affixed to the vehicles near the left and (2) they are capable of being readily software must also be downloaded to windshield post to meet the altered to conform to the standards. meet the requirements of this standard. requirements of 49 CFR part 565. DATES: The closing date for comments Standard No. 108 Lamps, Reflective Interested persons are invited to on the petition is November 12, 2004. Devices and Associated Equipment: submit comments on the petition ADDRESSES: Comments should refer to Inspection of all vehicles and described above. Comments should refer the docket number and notice number, replacement of any non U.S. model to the docket number and be submitted and be submitted to: Docket components required to meet the to: Docket Management, Room PL–401, Management, Room PL–401, 400 requirements of this standard with U.S.- Seventh St., SW., Washington, DC model components. 400 Seventh St., SW., Washington, DC 20590. [Docket hours are from 9 a.m. to 20590. [Docket hours are from 9 am to Standard No. 110 Tire Selection and 5 pm]. Anyone is able to search the Rims: Installation of a tire information 5 p.m.]. It is requested but not required that 10 copies be submitted. electronic form of all comments placard. received into any of our dockets by the Standard No. 111 Rearview Mirrors: All comments received before the name of the individual submitting the Installation of a U.S.-model passenger close of business on the closing date comment (or signing the comment, if side rearview mirror, or inscription of indicated above will be considered, and submitted on behalf of an association, the required warning statement on the will be available for examination in the business, labor union, etc.). You may face of that mirror. docket at the above address both before Standard No. 114 Theft Protection: review DOT’s complete Privacy Act and after that date. To the extent Installation of U.S.-version software, or Statement in the Federal Register possible, comments filed after the installation of a supplemental key published on April 11, 2000 (volume 65, warning buzzer system to meet the closing date will also be considered. number 70; pages 19477–78) or you may requirements of this standard. Notice of final action on the petition visit http://dms.dot.gov. Standard No. 118 Power-Operated will be published in the Federal FOR FURTHER INFORMATION CONTACT: Window, Partition, and Roof Panel Register pursuant to the authority Coleman Sachs, Office of Vehicle Safety Systems: Installation of U.S. version indicated below. Compliance, NHTSA (202–366–3151). software to meet the requirements of Authority: 49 U.S.C. 30141(a)(1)(A) and SUPPLEMENTARY INFORMATION: this standard. (b)(1); 49 CFR 593.8; delegations of authority Background Standard No. 208 Occupant Crash at 49 CFR 1.50 and 501.8. Protection: (a) Installation of U.S. Under 49 U.S.C. 30141(a)(1)(A), a version software to ensure that the seat Claude H. Harris, motor vehicle that was not originally belt warning system meets the Director, Office of Vehicle Safety Compliance. manufactured to conform to all requirements of this standard, and (b) [FR Doc. 04–22954 Filed 10–12–04; 8:45 am] applicable Federal motor vehicle safety inspection of all vehicles and BILLING CODE 4910–59–P standards shall be refused admission replacement of any non-U.S.-model into the United States unless NHTSA components necessary for conformity has decided that the motor vehicle is

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substantially similar to a motor vehicle New Pneumatic Tires, 113 Hood Latch seating positions include airbags and originally manufactured for importation System, 116 Motor Vehicle Brake Fluids, knee bolsters as well as combination lap into and sale in the United States, 124 Accelerator Control Systems, 135 and shoulder belts. These seat belt certified under 49 U.S.C. 30115, and of Passenger Car Brake Systems, 201 systems are self-tensioning and release the same model year as the model of the Occupant Protection in Interior Impact, by means of a single red pushbutton. motor vehicle to be compared, and is 202 Head Restraints, 204 Steering Standard No. 209 Seat Belt capable of being readily altered to Control Rearward Displacement, 205 Assemblies: Inspection of all vehicles conform to all applicable Federal motor Glazing Materials, 206 Door Locks and and replacement of any non-U.S.-model vehicle safety standards. Door Retention Components, 207 seat belts with U.S.-model components Petitions for eligibility decisions may Seating Systems, 212 Windshield on vehicles that are not already so be submitted by either manufacturers or Mounting, 214 Side Impact Protection, equipped. importers who have registered with 216 Roof Crush Resistance, 219 Standard No. 210 Seat Belt Assembly NHTSA pursuant to 49 CFR part 592. As Windshield Zone Intrusion, 301 Fuel Anchorages: Inspection of all vehicles specified in 49 CFR 593.7, NHTSA System Integrity, 302 Flammability of and replacement of any non-U.S.-model publishes notice in the Federal Register Interior Materials, and 401 Interior seat belt anchorages with U.S.-model of each petition that it receives, and Trunk Release. components on vehicles that are not affords interested persons an In addition, the petitioner claims that already so equipped. opportunity to comment on the petition. the vehicles comply with the Bumper Standard No. 225 Child Restraint At the close of the comment period, Standard found in 49 CFR part 581. Anchorage Systems: Installation of U.S.- NHTSA decides, on the basis of the The petitioner also contends that the model child seat tether anchorage for petition and any comments that it has vehicles are capable of being readily the passenger seat. received, whether the vehicle is eligible altered to meet the following standards, The petitioner additionally states that for importation. The agency then in the manner indicated: a vehicle identification plate must be publishes this decision in the Federal Standard No. 101 Controls and affixed to the vehicles near the left Register. Displays: Installation of a U.S.-model windshield post to meet the Automobile Concepts, Inc., (‘‘AMC’’), instrument cluster. U.S. version requirements of 49 CFR part 565. of North Miami, Florida (Registered software must also be downloaded to Interested persons are invited to Importer 01–278) has petitioned NHTSA meet the requirements of this standard. submit comments on the petition to decide whether nonconforming 2004 Standard No. 108 Lamps, Reflective described above. Comments should refer Lamborghini Gallardo passenger cars are Devices and Associated Equipment: to the docket number and be submitted eligible for importation into the United Inspection of all vehicles and to: Docket Management, Room PL–401, States. The vehicles which AMC replacement of the following with U.S.- 400 Seventh St., SW., Washington, DC believes are substantially similar are model components on vehicles not 20590. [Docket hours are from 9 a.m. to 2004 Lamborghini Gallardo passenger already so equipped: (a) Headlamp 5 p.m.]. It is requested but not required cars that were manufactured for assemblies; and (b) rear side marker that 10 copies be submitted. importation into, and sale in, the United lamps that incorporate rear side- All comments received before the States and certified by their mounted reflex reflectors. close of business on the closing date manufacturer as conforming to all Standard No. 110 Tire Selection and indicated above will be considered, and applicable Federal motor vehicle safety Rims: Installation of a tire information will be available for examination in the standards. placard. docket at the above address both before The petitioner claims that it carefully Standard No. 111 Rearview Mirrors: and after that date. To the extent compared non-U.S. certified 2004 Installation of a U.S.-model passenger possible, comments filed after the Lamborghini Gallardo passenger cars to side rearview mirror, or inscription of closing date will also be considered. their U.S.-certified counterparts, and the required warning statement on the Notice of final action on the petition found the vehicles to be substantially face of that mirror. will be published in the Federal similar with respect to compliance with Standard No. 114 Theft Protection: Register pursuant to the authority most Federal motor vehicle safety Installation of U.S. version software to indicated below. standards. meet the requirements of this standard. AMC submitted information with its Standard No. 118 Power-Operated Authority: 49 U.S.C. 30141(a)(1)(A) and petition intended to demonstrate that Window, Partition, and Roof Panel (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. non-U.S. certified 2004 Lamborghini Systems: Installation of U.S. version Gallardo passenger cars, as originally software, or installation of a Claude H. Harris, manufactured, conform to many Federal supplemental relay system to meet the Director, Office of Vehicle Safety Compliance. motor vehicle safety standards in the requirements of this standard. [FR Doc. 04–22952 Filed 10–12–04; 8:45 am] same manner as their U.S. certified Standard No. 208 Occupant Crash BILLING CODE 4910–59–P counterparts, or are capable of being Protection: (a) Installation of U.S. readily altered to conform to those version software, or installation of a standards. supplemental buzzer system to ensure DEPARTMENT OF THE TREASURY Specifically, the petitioner claims that that the seat belt warning system non-U.S. certified 2004 Lamborghini conforms to the requirements of this Submission for OMB Review; Gallardo passenger cars are identical to standard, and (b) inspection of all Comment Request their U.S. certified counterparts with vehicles and replacement of any non respect to compliance with Standard U.S.-model components necessary to October 5, 2004. Nos. 102 Transmission Shift Lever meet the requirements of this standard The Department of Treasury has Sequence, Starter Interlock, and with U.S.-model components on submitted the following public Transmission Braking Effect, 103 vehicles that are not already so information collection requirement(s) to Windshield Defrosting and Defogging equipped. OMB for review and clearance under the Systems, 104 Windshield Wiping and Petitioner states that the restraint Paperwork Reduction Act of 1995, Pub. Washing Systems, 106 Brake Hoses, 109 systems used at the front outboard L. 104–13. Copies of the submission(s)

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may be obtained by calling the Treasury Clearance Officer: Paul H. Finger, Cooperation; Mandatory Direct Bureau Clearance Officer listed. (202) 622–4078. Internal Revenue Rollovers-Section 401(a)(31)(B); Comments regarding this information Service, Room 6516, 1111 Constitution Permanent Tax Reporting for Coverdell collection should be addressed to the Avenue, NW., Washington, DC 20224. Education Savings Accounts; Tax OMB reviewer listed and to the OMB Reviewer: Joseph F. Lackey, Jr., Reporting of Retirement Accounts that Treasury Department Clearance Officer, (202) 395–7316, Office of Management are Closed due to the Customer Department of the Treasury, Room and Budget, Room 10235, New Identification Program (CIP); Redesign 11000, 1750 Pennsylvania Avenue, NW. Executive Office Building, Washington, and Simplification of Form 1065, K–1s, Washington, DC 20220. DC 20503. LLC and 2–D Bar Coding; Penalty Dates: Written comments should be Notices; Stock Option Deposits; received on or before November 12, Lois K. Holland, 2004 to be assured of consideration. Treasury PRA Clearance Officer. Transcripts and Offsets. Reports from [FR Doc. 04–22916 Filed 10–12–04; 8:45 am] the four IRPAC sub-groups, Tax Exempt Internal Revenue Service (IRS) BILLING CODE 4830–01–P & Government Entities, Large and Mid- OMB Number: 1545–1201. size Business, Small Business/Self- Regulation Project Numbers: REG– Employed, and Wage & Investment, will 152549–03 NPRM and Temporary; and DEPARTMENT OF THE TREASURY also be presented and discussed. Last PS–52–88 Final. minute agenda changes may preclude Type of Review: Extension. Internal Revenue Service advance notice. The meeting room Title: REG–152549–03 NPRM and Advisory Committee to the Internal accommodates approximately 50 Temporary: Section 179 Elections; and people, IRPAC members and Internal PS–52–88 Final: Election to Expense Revenue Service; Meeting Revenue Service officials inclusive. Due Certain Depreciable Business Assets. AGENCY: Internal Revenue Service (IRS), to limited seating and security Description: The regulations provide Treasury. rules on the election described in requirements, please call Jacqueline ACTION: section 179(b)(4); the apportionment of Notice. Tilghman to confirm your attendance. Ms. Tilghman can be reached at 202– the dollar limitation among component SUMMARY: The Information Reporting members of a controlled group; the Program Advisory Committee (IRPAC) 622–6440. Attendees are encouraged to proper order for deducting the carryover will hold a public meeting on Thursday, arrive at least 30 minutes before the of disallowed deduction; and the October 28, 2004. meeting begins to allow sufficient time for purposes of security clearance. maintenance of information which FOR FURTHER INFORMATION CONTACT: Ms. permits the specific identification of Jacqueline Tilghman, National Public Please use the main entrance at 1111 each piece of section 179 property and Liaison, CL:NPL:PAC, Room 7567 IR, Constitution Avenue to enter the reflects how and from whom such 1111 Constitution Avenue, NW., building. Should you wish the IRPAC to property was acquired and when such Washington, DC 20224. Telephone: consider a written statement, please call property was placed in service. The 202–622–6440 (not a toll-free number). 202–622–6440, or write to: Internal recordkeeping and reporting is E-mail address: *[email protected]. Revenue Service, Office of National necessary to monitor compliance with SUPPLEMENTARY INFORMATION: Notice is Public Liaison, CL:NPL:PAC, 1111 the section 179 rules. Constitution Avenue, NW., Room 7567 Respondents: Business of other for- hereby given pursuant to section 10(a)(2) of the Federal Advisory IR, Washington, DC 20224 or e-mail: profit, Individuals or households, farms. _ Estimated Number of Respondents/ Committee Act, 5 U.S.C. App. (1988), a *public [email protected]. Recordkeepers: 4,035,000. public meeting of the IRPAC will be Dated: October 1, 2004. Estimated Burden Hours Respondent/ held on Thursday, October 28, 2004, J. Chris Neighbor, Recordkeeper: 45 minutes. from 9 a.m. to 4 p.m. in Room 3313, Designated Federal Official Branch Chief, Frequency of response: Annually, main Internal Revenue Service building, Liaison/Tax Forum Branch. Other (once). 1111 Constitution Avenue, NW., Estimated Total Reporting/ Washington, DC 20224. Issues to be [FR Doc. 04–22955 Filed 10–12–04; 8:45 am] Recordkeeping Burden: 3,022,500 hours. discussed include: Federal State BILLING CODE 4830–01–P

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Corrections Federal Register Vol. 69, No. 197

Wednesday, October 13, 2004

This section of the FEDERAL REGISTER DEPARMTMENT OF HOMELAND Tuesday, October 5, 2004, make the contains editorial corrections of previously SECURITY following correction: published Presidential, Rule, Proposed Rule, On page 59562, in the third column, and Notice documents. These corrections are Bureau of Customs and Border under the heading ‘‘DATES’’, in the prepared by the Office of the Federal Protection second and third lines, ‘‘November 4, Register. Agency prepared corrections are issued as signed documents and appear in 2005’’ should read ‘‘November 4, 2004’’. 19 CFR Part 133 the appropriate document categories [FR Doc. C4–22334 Filed 10–12–04; 8:45 am] elsewhere in the issue. RIN 1505–AB51 BILLING CODE 1505–01–D

Recordation of Copyrights and Enforcement Procedures To Prevent the Importation of Piratical Articles Correction In proposed rule document 04–22334 beginning on page 59562 in the issue of

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Part II

Department of Homeland Security 8 CFR Part 214 Name Change From the Bureau of Citizenship and Immigration Services to U.S. Citizenship and Immigration Services and Adding Actuaries and Plant Pathologists; Notice Adding Actuaries and Plant Pathologists to Appendix 1603.D.1 of the North American Free Trade Agreement; Final Rule

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DEPARTMENT OF HOMELAND of Homeland Security, 111 of the HSA (6 U.S.C. 452(a)(2)), DHS is SECURITY Massachusetts Avenue, NW., required to provide notice of the name Washington, DC 20529, Telephone (202) change to appropriate congresional Name Change From the Bureau of 616–7600. committees 60 days before the change Citizenship and Immigration Services SUPPLEMENTARY INFORMATION: The will be effective. The Appropriate to U.S. Citizenship and Immigration Department of Homeland Security committees were notified of the name Services (DHS) was established on Janurary 24, change on or before June 23, 2004. Therefore, pursuant to section 872 of the AGENCY: Department of Homeland 2003, pursuant to the Homeland HSA, the change from BCIS to USCIS Security. Security Act of 2002, Public Law 107– 296 (HSA). DHS is the result of the became official effective August 23, ACTION: Notice. reorganization of 22 Federal agencies, 2004. SUMMARY: This Notice informs the including the former Immigration and This Notice informs the public that all public that the Department of Homeland Naturalization Services (INS) from the official documents and future regulatory Security (DHS) has changed the name of Department of Justice (DOJ). Pursuant to actions involving BCIS now will the Bureau of Citizenship and section 451 of the HSA, the functions of identify USCIS as the applicable DHS Immigration Services to U.S. the former INS were transferred from component, and all references to BCIS Citizenship and Immigration Services DOJ to DHS effective March 1, 2003, in existing documents and actions (USCIS). establishing among other DHS henceforth shall be construed as immigration components the Bureau of references to USCIS. EFFECTIVE DATES: This Notice is effective Citizenship and Immigration Services Dated: October 5, 2004. October 13, 2004. (BCIS). See 6 U.S.C. 451. FOR FURTHER INFORMATION CONTACT: DHS has decided to change the name Tom Ridge, Richard A. Sloan, Director, Regulatory of this component from BCIS to U.S. Secretary of Homeland Security. Management Division, U.S. Citizenship Citizenship and Immigration Services [FR Doc. 04–23010 Filed 10–12–04; 8:45 am] and Immigration Services, Department (USCIS). Pursuant to section 872 (a)(2) BILLING CODE 4410–10–Py

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DEPARTMENT OF HOMELAND Persons,’’ and in addition to reflecting of the comments dealt with the proposal SECURITY the preferential trading relationship that would add actuaries and plant between the parties to the agreement, it pathologists to NAFTA and five 8 CFR Part 214 reflects the member nations’ desire to comments related to the proposal to [CIS No. 2068–00] facilitate temporary entry on a modify the licensure requirements for reciprocal basis. It also establishes Canadian TN nonimmigrants. One of the RIN 1615–AA38 procedures for temporary entry, comments addressing the proposed addresses the need to ensure border licensure requirements for Canadian TN Adding Actuaries and Plant security and seeks to protect the nonimmigrants was actually a number Pathologists to Appendix 1603.D.1 of domestic labor force in the member of questions relating to the process that the North American Free Trade nations. the former Service (now Department) Agreement uses to determine whether an alien has Who Is a TN Nonimmigrant Alien? AGENCY: U.S. Citizenship and an appropriate license to practice in his Immigration Services, DHS. A TN nonimmigrant alien is a citizen or her occupation or profession. Since of Canada or Mexico who seeks ACTION: Final rule. the questions posed in this comment admission to the United States, under letter do not directly relate to the SUMMARY: This final rule adopts without the provisions of Section D of Annex proposed rule, this comment will not be substantive change a proposed rule that 1603 of NAFTA, to engage in business discussed. was published in the Federal Register activities at a professional level as None of the comments addressed the by the former Immigration and provided for in the Annex. NAFTA technical changes that the former Naturalization Service (Service). This parties have agreed that 63 occupations Service noted in the proposed rule. final rule amends the Department of qualify as professions. These These technical changes include the Homeland Security’s (Department’s) occupations are listed in the Appendix removal from the regulations of the regulations by adding Actuaries and 1603.D.1 to Annex 1603 to the NAFTA discussion of the transition period for Plant Pathologists to Appendix 1603.D.1 found in 8 CFR 214.6(c). Canadian and Canadian citizens who were admitted to of the North American Free Trade Mexican citizens seeking to engage in the United States under the former Agreement (NAFTA) and by modifying occupations not included in Appendix United States-Canada Free Trade the licensure requirements for Canadian 1603.D.1 to Annex 1603 are not eligible Agreement, changing references to the citizens seeking admission to the United for classification as TN nonimmigrants. ‘‘Northern Service Center’’ to ‘‘Nebraska States as ‘‘trade NAFTA’’ (TN) What Changes Were Proposed in the Service Center,’’ and removal of the term ‘‘diplomas, or certificates’’ from 8 nonimmigrant aliens. These Proposed Rule? amendments reflect the agreements CFR 214.6(d)(2)(ii) and 8 CFR In the proposed rule published on made among the three parties to the 214.6(e)(3)(ii) since these regulatory December 19, 2000 at 65 FR 79320, the NAFTA and will facilitate travel to and cites are inconsistent with the footnotes former Service proposed to add the business in the United States. On March to the appendix. The Department occupation of actuary to the list of 1, 2003, the Service transferred from the published an interim final rule on professions in Appendix 1603.D.1. In Department of Justice to the March 10, 2004 (69 FR 11287) which addition, the rule proposed to include Department, pursuant to the Homeland implemented changes to the TN plant pathologist to the Appendix Security Act of 2002 (Pub. L. 107–296). application process resulting from the 1603.D.1 as a footnote to the occupation Accordingly, the Service’s adjudication sunset of some NAFTA requirements of biologist. The former Service also function transferred to the U.S. imposed on Mexican TN’s. The changes proposed to change the licensure Citizenship and Immigration Services in that interim final rule resolved the requirements for Canadian TN aliens (USCIS) of the Department. technical issues referenced above, and applying for admission to the United this rule finalizes the technical changes DATES: This final rule is effective States described at 8 CFR noted in the proposed rule. November 12, 2004. 214.6(e)(3)(ii)(F). The rule further FOR FURTHER INFORMATION CONTACT: proposed to remove 8 CFR 214.6(l), What Were the Specific Comments That Craig Howie, Staff Officer, Business and which relates to the transition period for the Former Service Received Regarding Trade Services Branch, Program and Canadian citizens who were admitted to the Proposed Change in the Licensure Regulations Development, U.S. the United States under the United Requirements for Canadian TN’s? Citizenship and Immigration Services, States-Canada Free Trade Agreement The former Service received four Department of Homeland Security, 425 that existed before the effective date of comments on this proposal. The I Street, NW., ULLICO Building, 3rd NAFTA. The former Service also American Nursing Association (ANA) Floor, Washington, DC 20536, telephone proposed to change all references to the stated that it was not supportive of the (202) 514–3228. Northern Service Center to the Nebraska provision modifying the licensure SUPPLEMENTARY INFORMATION: Service Center to reflect the center’s requirement because it would allow current name. Finally, the former unqualified Canadian nurses into the What Is NAFTA? Service proposed to remove the term United States. The ANA argued that the On December 17, 1992, the United ‘‘diplomas, or certificates’’ from 8 CFR removal of the requirement that a States, Canada and Mexico signed 214.6(d)(2)(ii) and at 8 CFR Canadian nurse have a United States NAFTA. NAFTA entered into force on 214.6(e)(3)(ii) since these regulatory license would undermine a provision January 1, 1994, creating one of the cites are inconsistent with the footnotes that was designed to protect the United largest trading areas in the world. to the Appendix. States public from unqualified health Besides trade, NAFTA allows for the care workers. temporary entry of qualified business Did the Former Service Receive Any Another commenter, a board member persons from each of the parties to the Comments in Response to the Proposed of the American Immigration Lawyers agreement. NAFTA is comprised of 22 Rule? Association, argued that the proposal chapters. Chapter 16 of NAFTA is Yes, the former Service received 12 would create a distinction between the entitled ‘‘Temporary Entry of Business comments on the proposed rule. Seven processing of Mexican and Canadian TN

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nonimmigrant aliens. The commenter the former Service proposed to remove Canadian TN (provided that the stated that the intended employer of a 8 CFR 214.6(e)(3)(ii)(F). This provision individual is otherwise admissible). Mexican citizen is required to submit requires the presentation of a license by The Department wishes to make clear the alien’s license with Form I–129, a Canadian citizen as an entry that all Canadian TN nonimmigrants are Petition for Nonimmigrant Worker, requirement under the NAFTA. subject to any individual state’s before the Mexican TN can be admitted licensure requirements. Granted, and in to the United States. In the case of What Is the Department’s Response to particular in the case of Canadian Canadian TN’s, the license would never the Comments Received Regarding the registered nurses, any such state be presented to the Department. Proposal To Change the Licensure licensure will most likely take place The National Council of State Boards Requirements for Canadian TN after entry. But, as we note above, the of Nursing (Council) also commented on Nonimmigrants? state license is not a mandatory the final rule and stated that it was The Department has reviewed the documentary requirement for entry. opposed to the provision removing the opinions expressed in the comments to States continue to maintain the ability licensure requirement for Canadian the proposed rule. After careful to impose licensure requirements on nonimmigrants. The Council asserted consideration, the Department will any individual intending to work in the that the provision would allow adopt the proposal that removes the state. Canadian citizens easy access to the requirement that a Canadian TN must The Department has taken special United States labor market to work in present a license at the time of note of the comments that expressed their chosen profession as TN application for admission to the United concern that the change in the licensure nonimmigrant aliens. However, the States. requirement may have an adverse affect Council also suggested that employers As one of the regulatory agencies on the welfare of the United States. The in the United States would not employ responsible for the administration of the Department is of the opinion that this these aliens in their profession but in immigration laws of the United States, rule will have no negative effect on the similar or related occupations at a the Department has a responsibility to health and welfare of United States substandard salary. Finally, the Council ensure that its regulations are in citizens. In those jurisdictions where a particular profession or occupation argued that, in the case of nursing, the agreement with existing laws, treaties, requires licensure, State or Federal law proposal would result in many and agreements. In this instance, the will continue to require the alien’s American citizens being treated by requirement that a Canadian TN employer to ensure that the alien has unlicensed health care professionals. nonimmigrant alien present a United The Commission on Graduates of the proper license before the alien States license at the time of application Foreign Nursing Schools (CGFNS) also commences employment. In this regard, for admission to the United is commented. CGFNS is an international a Canadian TN alien will be treated in inconsistent with the NAFTA. authority on the education, registration, the same fashion as a United States and licensure of nurses and foreign The Department disagrees with the worker. While this final rule will ensure health care workers worldwide. CGFNS CGFNS argument that requiring a state- that the Department will not require a asserted that the implementation of the issued license as a condition of Canadian TN to present a license to be licensure proposal would result in the admission is not in conflict with admitted to the United States, the alien admission of Canadian healthcare Chapter 16 of the NAFTA. As stated in still will have to have a license to work workers to the United States without the the proposed rule, this regulatory in the United States consistent with appropriate license. CGFNS argued that change ensures that the Department’s Chapter 12 of NAFTA. these Canadian workers will not wait obligations under Chapter 16 are in The change in the licensure until they are licensed to seek conformity with the obligations of the requirement for Canadian TN employment and will begin to work in United States under the NAFTA nonimmigrant aliens does not result in the United States healthcare system in agreement. different requirements between Mexican any capacity they can find. Under the The basic issue under consideration is and Canadian TN nonimmigrant aliens. former Service’s proposal, licensure whether a license is (1) an employment On March 10, 2004, the Department verification would become the requirement, or (2) an entry plus published an interim final rule in the responsibility of the employer, not the employment requirement, for the Federal Register at 69 FR 11287 government. CGFNS also stated in its Canadian professional desiring to work eliminating the numerical cap on comment that the requirement that a in the United States in TN status. Under Mexican TN nonimmigrants and Canadian TN present his or her license the NAFTA, the requirements for entry eliminating the associated requirement at the time of admission is consistent as a professional are clearly spelled out of a petition for Mexican-based with the NAFTA. Finally, CGFNS and are noted in the list of educational professionals. Prior to the March 10, represented that there is substantial credentials or alternative criteria found 2004 effective date of this rule, Mexican evidence that some Canadian TN’s will in Chapter 16. In select instances, a TN nonimmigrant aliens were required have difficulty obtaining a United States license is noted as an alternative to provide evidence of licensure as part nursing license and, as a result, the document for entry, but not as a of the petition process. Following proposal will create a pool of required primary document for entry. In elimination of the petition requirement unqualified health care workers who no case is a license required by the on March 10, 2004, Mexican TN will be providing healthcare services to prospective Canadian TN as the nonimmigrant aliens are no longer American consumers. absolute primary documentary required to provide evidence of requirement for entry. For Canadian licensure as a prerequisite to admission Why Did the Former Service Propose registered nurses, the primary group to the United States. Thus, Mexican TN To Change the Licensure Requirements subject to comments made in response nonimmigrant aliens are treated the for Canadian TN Nonimmigrants? to the proposed rule, either a state- same as Canadian TN nonimmigrant To ensure that the former Service’s issued license or a Canadian provincial aliens with respect to removal of the regulations implementing Chapter 16 license is required as an entry licensure requirement. Both Mexican are in conformity with the obligations of document. Such documentation provide and Canadian TN nonimmigrant aliens, the United States under the Agreement, only for the entry of the prospective however, must be reminded that State

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and Federal law continue to control in in the United States in a more responsibilities among the various regard to any licensure requirement as expeditious fashion. levels of government. Therefore, in a condition of employment in the accordance with section 6 of Executive Unfunded Mandates Reform Act of United States. Order 13132, it is determined that this 1995 final rule does not have sufficient What Were the Specific Comments That This final rule will not result in the federalism implications to warrant the the Former Service Received Regarding expenditure by State, local and tribal preparation of a federalism summary the Proposed Addition of Actuaries and governments, in the aggregate, or by the impact statement. Plant Pathologists to Appendix private sector, of $100 million or more 1603.D.1 of the NAFTA? in any one year, and it will not Executive Order 12988 Civil Justice Reform The former Service received seven significantly or uniquely effect small comments on the proposal to add governments. Therefore, no actions were This final rule meets the applicable actuaries and plant pathologists to the deemed necessary under the provisions standards set forth in sections 3(a) and NAFTA. Of these comments, six agreed of the Unfunded Mandates Reform Act 3(b)(2) of Executive Order 12988. of 1995. with the proposal and urged its Paperwork Reduction Act adoption as written. Small Business Regulatory Enforcement Under the Paperwork Reduction Act One commenter urged the former Fairness Act of 1996 Service to broaden the possible of 1995, Public Law 104–13, all qualifications for the TN category of This final rule is not a major rule as Departments are required to submit to actuary. This particular commenter, a defined by section 804 of the Small the Office of Management and Budget private law firm, asked that the Business Regulatory Enforcement (OMB), for review and approval, any government consider other academic Fairness Act of 1996. This final rule will reporting or recordkeeping requirements disciplines as being essentially not result in an annual effect on the inherent in a rule. This final rule does equivalent to a degree in actuarial economy of $100 million or more; a not impose any new reporting or science. major increase in costs or prices; or recordkeeping requirements under the significant adverse effects on Paperwork Reduction Act. The Department will not include this competition, employment, investment, suggested change in this final rule as it List of Subjects in 8 CFR Part 214 productivity, innovation, or on the is not consistent with the criteria agreed ability of United States-based Administrative practice and to by the three NAFTA parties to companies to compete with foreign- procedure, Aliens, Employment, establish that an individual qualifies as based companies in domestic and Foreign officials, Health professions, an actuary. Therefore, the Department export markets. Reporting and recordkeeping will adopt the proposed rule’s language requirements, Students. with one modification. In lieu of Executive Order 12866 I Accordingly, part 214 of chapter I of inserting the profession of Actuary into This final rule is considered by the title 8 of the Code of Federal Regulations the body of Appendix 1603.D.1, a new Department to be a ‘‘significant is amended as follows: footnote to the category of regulatory action’’ under Executive Mathematician will note that actuaries Order 12866, section 3(f), Regulatory PART 214—NONIMMIGRANT CLASSES are included within the meaning of the Planning and Review. Accordingly, this I 1. The authority citation for part 214 term ‘‘mathematician.’’ As it is generally regulation has been submitted to the continues to read as follows: accepted that an actuary is in fact a type Office of Management and Budget for of mathematician, the Department finds review. Authority: 8 U.S.C. 1101, 1102, 1103, 1182, that inclusion of the profession of This final rule is intended to benefit 1184, 1186a, 1187, 1221, 1281, 1282, 1301– actuary within the meaning of the term various United States employers by 1305 and 1372; sec. 643, Pub. L. 104–208, mathematician is an acceptable and amending the Department’s regulations 110 Stat. 3009–708; section 141 of the Compacts of Free Association with the non-significant modification to the to add the professions of actuaries and language of the proposed rule. Federated States of Micronesia and the plant pathologists to the list of viable Republic of the Marshall Islands, and with The Department also notes that no NAFTA professional occupations. the Government of Palau, 48 U.S.C. 1901, comments were received regarding the Indirectly, this final rule will benefit note, and 1931 note, respectively; 8 CFR part proposal to add plant pathologists as a Canadian and Mexican actuaries and 2. footnote to the category of biologists in plant pathologists destined for Appendix 1603.D.1 to the NAFTA and I 2. Section 214.6 is amended by: employment in the United States, and, I the language of the proposed rule is a. Revising the section heading; reciprocally, United States actuaries and I adopted without change. b. Redesignating footnotes 5 and 6 as plant pathologists destined for footnotes 6 and 7, respectively; Regulatory Flexibility Act employment in either Canada or I c. Adding a new footnote 5 at the end Mexico. The final rule imposes no new of the occupation ‘‘Mathematician’’ in The Department has reviewed this costs to the pre-existing filing fees for rule in accordance with the Regulatory paragraph (c), Appendix 1603.D.1; NAFTA professionals. Since this final I d. Adding footnote 8 at the end of the Flexibility Act (5 U.S.C. 605(b)) and, by rule provides a benefit to the public occupation ‘‘Biologist’’ in paragraph (c), approving it, the Department certifies without producing any additional costs, Appendix 1603.D.1; and that this rule will not have a significant the Department feels it is justified in I e. Adding the text of new footnotes 5 economic impact on a substantial issuing this final rule. and 8. number of small entities. While some Executive Order 13132 The revision and additions read as employers may be considered small follows: entities, this final rule will benefit This final rule will not have United States employers by allowing substantial direct effects on the States, § 214.6 Canadian and Mexican citizens certain aliens to transfer their on the relationship between the seeking temporary entry to engage in professional skills to the United States National Government and the States, or business activities at a professional level. and to work in their chosen occupation on the distribution of power and * * * * *

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(c)* * * professional actuarial association or society Dated: October 6, 2004. means a professional actuarial association or 5 Tom Ridge, The term ‘‘Mathematician’’ includes the society operating in the territory of at least Secretary of Homeland Security. profession of Actuary. An Actuary must one of the Parties. [FR Doc. 04–23011 Filed 10–12–04; 8:45 am] satisfy the necessary requirements to be * * * * * recognized as an actuary by a professional 8 The term ‘‘Biologist’’ includes the BILLING CODE 4410–10–P actuarial association or society. A profession of Plant Pathologist.

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Reader Aids Federal Register Vol. 69, No. 197 Wednesday, October 13, 2004

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 60799, 60801, 60802, 60804, Presidential Documents 3 CFR 60807, 60809 Executive orders and proclamations 741–6000 Proclamations: 71 ...... 59129, 59303, 60284, The United States Government Manual 741–6000 7822...... 59539 60285, 60286 7823...... 59759 91...... 59752, 60534 Other Services 7824...... 60275 Proposed Rules: Electronic and on-line services (voice) 741–6020 7825...... 60277 39 ...... 59147, 59148, 59151, Privacy Act Compilation 741–6064 7826...... 60279 59153, 59557, 59559, 59837, Public Laws Update Service (numbers, dates, etc.) 741–6043 7827...... 60789 60098, 60100, 60104, 60106, TTY for the deaf-and-hard-of-hearing 741–6086 7828...... 60793 60568 71...... 58859, 59756 5 CFR ELECTRONIC RESEARCH 73...... 58860 World Wide Web 591...... 59761 97...... 59756 Proposed Rules: 15 CFR Full text of the daily Federal Register, CFR and other publications 550...... 60097 is located at: http://www.gpoaccess.gov/nara/index.html 730...... 60545 Federal Register information and research tools, including Public 7 CFR 734...... 60545 Inspection List, indexes, and links to GPO Access are located at: 6...... 59763 744...... 59303 http://www.archives.gov/federallregister/ 60...... 59708 746...... 60545 770...... 60545 E-mail 301...... 59119, 60537 611...... 60283 772...... 60545 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1206...... 59120 774...... 60545 an open e-mail service that provides subscribers with a digital 1730...... 60537 Proposed Rules: form of the Federal Register Table of Contents. The digital form 1776...... 59764 732...... 60829 of the Federal Register Table of Contents includes HTML and 1783...... 59770 736...... 60829 PDF links to the full text of each document. Proposed Rules: 740...... 60829 To join or leave, go to http://listserv.access.gpo.gov and select 304...... 60567 744...... 60829 Online mailing list archives, FEDREGTOC-L, Join or leave the list 457...... 60320 752...... 60829 (orchange settings); then follow the instructions. 923...... 59551 764...... 60829 PENS (Public Law Electronic Notification Service) is an e-mail 1776...... 59836 772...... 60829 service that notifies subscribers of recently enacted laws. 1783...... 59836 904...... 60569 4280...... 59650 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 16 CFR and select Join or leave the list (or change settings); then follow 8 CFR Proposed Rules: the instructions. 214...... 60939 642...... 58861 FEDREGTOC-L and PENS are mailing lists only. We cannot 698...... 58861 respond to specific inquiries. 9 CFR 17 CFR Reference questions. Send questions and comments about the 52...... 60542 1...... 59544 Federal Register system to: [email protected] 317...... 58799 211...... 59130 381...... 58799 The Federal Register staff cannot interpret specific documents or 232...... 60287 regulations. 10 CFR 240...... 60287 249...... 60287 50...... 58804 Proposed Rules: FEDERAL REGISTER PAGES AND DATE, OCTOBER 73...... 58820 228...... 59094 58799–59118...... 1 Proposed Rules: 229...... 59094 59119–59540...... 4 110...... 60567 232...... 59094 59541–59758...... 5 11 CFR 240...... 59094 59759–60076...... 6 249...... 59094 104...... 59775 60077–60282...... 7 270...... 59094 110...... 59775 60283–60536...... 8 19 CFR 60537–60794...... 12 12 CFR 191...... 60082 60795–60942...... 13 204...... 60543 Proposed Rules: 335...... 59780 133...... 59562, 60936 747...... 60077 20 CFR 14 CFR 404...... 60224 13...... 59490 408...... 60224 23...... 58822 416...... 60224 25...... 60795, 60797 39 ...... 58824, 58826, 58828, 21 CFR 59541, 59788, 59790, 60081, 74...... 60307

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510...... 60811 36 CFR 460...... 60242 25...... 59700 520...... 59131, 60547 Proposed Rules: 480...... 60242 33...... 59700 522...... 60308 1270...... 58875 482...... 60242 36...... 59699 556...... 60308 483...... 60242 39...... 59702 558...... 60547 37 CFR 485...... 60242 52...... 59700, 59703 888...... 59132 2...... 59809 489...... 60242 53...... 59699 Proposed Rules: 270...... 59648 44 CFR Proposed Rules: 16...... 60108 1511...... 59843 64...... 60309 118...... 60108 38 CFR 1552...... 59843 361...... 59569 1...... 60083 45 CFR 2101...... 59166 22 CFR 3...... 60083 2251...... 60094 2102...... 59166 Proposed Rules: 2103...... 59166 51...... 60811 2252...... 60094 5...... 59072 2253...... 60094 2104...... 59166 2105...... 59166 26 CFR 39 CFR Proposed Rules: Ch. XXV...... 60603 2109...... 59166 1...... 60222 20...... 59545 2110...... 59166 Proposed Rules: 111...... 59139, 59545 47 CFR 2115...... 59166 1...... 58873 501...... 60090 0...... 59145 2116...... 59166 48...... 59572 1...... 58840, 59145 2131...... 59166 40 CFR 29 CFR 15...... 59500 2132...... 59166 35...... 59810 27...... 59500 2137...... 59166 Proposed Rules: 52...... 59546, 59812 54...... 59145 2144...... 59166 1910...... 59306 63...... 58837, 60813 64...... 60311 2146...... 59166 1915...... 59306 180...... 60820 73 ...... 58840, 59500, 60316, 2149...... 59166 1917...... 59306 261...... 60557 60560, 60561 2152...... 59166 1918...... 59306 271...... 59139, 60091 90...... 59500, 60561 1926...... 59306 300...... 58839 101...... 59145 49 CFR 30 CFR Proposed Rules: Proposed Rules: 9...... 60320 0...... 59166 1...... 60562 914...... 58830 23...... 60320 2...... 59166 171...... 58841 Proposed Rules: 52 ...... 59572, 59839, 60328 73 ...... 60344, 60346, 60604, 173...... 58841 906...... 58873 63...... 60837 60605 571 ...... 58843, 59146, 60316, 81...... 60328 60563 32 CFR 101...... 59166 163...... 60320 1002...... 58855 199...... 60547 177...... 60320 48 CFR 178...... 60320 Ch. 1...... 59698, 59699 50 CFR 33 CFR 179...... 60320 1...... 59699 100 ...... 59793, 59795, 59797 180...... 59843, 60320 5...... 59700 17...... 59996 117 ...... 59135, 59136, 60555 261...... 59156 7...... 59701 300...... 59303 151...... 60309 271...... 59165, 60110 11...... 59701 648 ...... 59550, 59815, 60565 165 ...... 58833, 58834, 59136, 12...... 59700 660...... 59816 59799, 59801, 59803, 59806, 42 CFR 13 ...... 59699, 59700, 59701 679 ...... 59834, 59835, 60566, 59808 71...... 59144 14...... 59700, 59703 60828 Proposed Rules: 403...... 60242 15...... 59701 Proposed Rules: 110...... 60592 412...... 60242 17...... 59700 17 ...... 58876, 59844, 59859, 117...... 60595, 60597 413...... 60242 19...... 59699, 59700 60110, 60134, 60138, 60605, 165...... 60600 418...... 60242 22...... 59700 60706

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REMINDERS TRANSPORTATION West Coast Salmonids; ENVIRONMENTAL The items in this list were DEPARTMENT extention of comment PROTECTION AGENCY editorially compiled as an aid Federal Aviation period amd public Air programs: to Federal Register users. Administration hearing; comments due Stratospheric ozone Inclusion or exclusion from Airworthiness directives: by 10-20-04; published 8- protection— 31-04 [FR 04-19867] this list has no legal BAE Systems (Operations) Methyl bromide phaseout; Fishery conservation and significance. Ltd.; published 9-8-04 critical use exemption management: Boeing; published 9-8-04 process; comments due Alaska; fisheries of Bombardier; published 9-8- by 10-21-04; published RULES GOING INTO Exclusive Economic 9-20-04 [FR 04-21053] EFFECT OCTOBER 13, 04 Zone— Air quality implementation McDonnell Douglas; Gulf of Alaska pollock and 2004 plans; approval and published 9-8-04 Pacific cod; comments promulgation; various due by 10-21-04; AGRICULTURE States: DEPARTMENT COMMENTS DUE NEXT published 9-21-04 [FR 04-21217] California; comments due by Forest Service WEEK 10-21-04; published 9-21- Atlantic highly migratory National recreation areas: 04 [FR 04-21179] species— Sawtooth National AGRICULTURE Atlantic shark; comments Colorado; comments due by Recreation Area, ID; DEPARTMENT due by 10-18-04; 10-18-04; published 9-16- private lands— Agricultural Marketing 04 [FR 04-20793] Service published 9-22-04 [FR Residential outbuilding 04-21289] North Carolina; comments size increase; published Cotton classing, testing and due by 10-20-04; standards: Large and small coastal 9-13-04 sharks; comments due published 9-20-04 [FR 04- COMMERCE DEPARTMENT Classification services to by 10-18-04; published 21060] growers; 2004 user fees; National Oceanic and 9-17-04 [FR 04-21002] Environmental statements; Open for comments until Atmospheric Administration West Coast States and availability, etc.: further notice; published Western Pacific Coastal nonpoint pollution Marine mammals: 5-28-04 [FR 04-12138] fisheries— control program— Incidental taking— AGRICULTURE Pacific Coast groundfish; Minnesota and Texas; Eastern Tropical Pacific DEPARTMENT comments due by 10- Open for comments Ocean; tuna purse Forest Service seine vessels; 21-04; published 9-21- until further notice; compliance with Alaska National Interest Lands 04 [FR 04-20888] published 10-16-03 [FR International Dolphin Conservation Act; Title VIII COURT SERVICES AND 03-26087] Conservation Program implementation (subsistence OFFENDER SUPERVISION Pesticides; tolerances in food, Act; published 9-13-04 priority): AGENCY FOR THE animal feeds, and raw Wildlife; 2005-2006 ENVIRONMENTAL DISTRICT OF COLUMBIA agricultural commodities: subsistence taking; PROTECTION AGENCY Semi-annual agenda; Open for Bromoxynil, diclofop-methyl, comments due by 10-22- Pesticides; tolerances in food, comments until further dicofol, diquat, etridiazole, 04; published 8-31-04 [FR notice; published 12-22-03 et al.; comments due by animal feeds, and raw 04-19839] agricultural commodities: [FR 03-25121] 10-18-04; published 10-6- AGRICULTURE DEFENSE DEPARTMENT 04 [FR 04-22474] Mepanipyrim; published 10- DEPARTMENT 13-04 Federal Acquisition Regulation DCPA; comments due by Food Safety and Inspection (FAR): 10-19-04; published 8-20- FEDERAL Service 04 [FR 04-19035] COMMUNICATIONS Bid bonds; powers of Meat and poultry inspection: COMMISSION attorney; comments due Water pollution; effluent Foreign inspection system by 10-22-04; published 8- guidelines for point source Common carrier services: supervisory visits to 23-04 [FR 04-19234] categories: Federal-State Joint Board certified foreign ENERGY DEPARTMENT Meat and poultry products on Universal Service— establishments; frequency; Energy Efficiency and processing facilities; Open Schools and libraries; comments due by 10-18- Renewable Energy Office for comments until further universal service 04; published 8-18-04 [FR notice; published 9-8-04 support mechanism; 04-18889] Consumer products; energy conservation program: [FR 04-12017] published 9-13-04 COMMERCE DEPARTMENT Energy conservation FEDERAL HEALTH AND HUMAN Economic Analysis Bureau standards—- COMMUNICATIONS SERVICES DEPARTMENT Direct investment surveys: Commercial packaged COMMISSION Food and Drug BE-10; benchmark survey of boilers; test procedures Common carrier services: Administration U.S. direct investment and efficiency Individuals with hearing and Animal drugs, feeds, and abroad (2004); comments standards; Open for speech disabilities; related products: due by 10-18-04; comments until further telecommunications relay Sponsor name and address published 8-17-04 [FR 04- notice; published 12-30- and speech-to-speech changes— 18640] 99 [FR 04-17730] services; comments due Alpharma, Inc, et al.; COMMERCE DEPARTMENT ENERGY DEPARTMENT by 10-18-04; published 9- published 10-13-04 National Oceanic and Federal Energy Regulatory 1-04 [FR 04-18551] SOCIAL SECURITY Atmospheric Administration Commission Radio stations; table of ADMINISTRATION Endangered and threatened Electric rate and corporate assignments: Organization and procedures: species: regulation filings: California; comments due by Assignment of Social Salmonids in California; Virginia Electric & Power 10-18-04; published 9-9- Security numbers for listing determinations; Co. et al.; Open for 04 [FR 04-20360] nonwork purposes; hearings; comments due comments until further Minnesota; comments due evidence requirements; by 10-20-04; published 9- notice; published 10-1-03 by 10-18-04; published 9- published 9-13-04 9-04 [FR 04-20425] [FR 03-24818] 10-04 [FR 04-20531]

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Ohio; comments due by 10- concern; Open for Critical habitat Consumer report information 18-04; published 9-9-04 comments until further designations— disposal; comments due [FR 04-20358] notice; published 10-27-03 Buena Vista Lake shrew; by 10-20-04; published 9- Texas; comments due by [FR 03-27113] comments due by 10- 20-04 [FR 04-21031] 10-18-04; published 9-9- Medical devices— 18-04; published 8-19- SMALL BUSINESS 04 [FR 04-20359] Dental noble metal alloys 04 [FR 04-18988] ADMINISTRATION Various States; comments and base metal alloys; INTERIOR DEPARTMENT Disaster loan areas: due by 10-18-04; Class II special National Park Service Maine; Open for comments published 9-9-04 [FR 04- controls; Open for Special regulations: until further notice; 20357] comments until further Fire Island National published 2-17-04 [FR 04- Washington; comments due notice; published 8-23- Seashore, NY; personal 03374] by 10-18-04; published 9- 04 [FR 04-19179] watercraft use; comments SOCIAL SECURITY 10-04 [FR 04-20532] HOMELAND SECURITY due by 10-22-04; ADMINISTRATION published 8-23-04 [FR 04- FEDERAL DEPOSIT DEPARTMENT Social security benefits: 19189] INSURANCE CORPORATION Coast Guard Federal old-age, survivors, INTERIOR DEPARTMENT Community Reinvestment Act; Anchorage regulations: and disability insurance— Surface Mining Reclamation implementation: Genitourinary impairments Maryland; Open for and Enforcement Office Community development comments until further evaluation; revised Permanent program and medical criteria; criterion for small banks; notice; published 1-14-04 abandoned mine land small banks and [FR 04-00749] comments due by 10- reclamation plan 22-04; published 8-23- community development Drawbridge operations: submissions: definitions; comments due 04 [FR 04-19188] Wisconsin; comments due Colorado; comments due by by 10-20-04; published 9- by 10-21-04; published 9- 10-18-04; published 10-1- OFFICE OF UNITED STATES 20-04 [FR 04-21162] 21-04 [FR 04-21136] 04 [FR 04-22017] TRADE REPRESENTATIVE Economic Growth and Trade Representative, Office JUSTICE DEPARTMENT Regulatory Paperwork HOMELAND SECURITY of United States DEPARTMENT Prisons Bureau Reduction Act of 1996; Generalized System of Community programs and implementation: Transportation Security Preferences: release: Burden reduction Administration Community confinement; 2003 Annual Product recommendations; Civil aviation security: comments due by 10-18- Review, 2002 Annual comments due by 10-18- Security awareness training 04; published 8-18-04 [FR Country Practices Review, 04; published 7-20-04 [FR for flight school 04-18747] and previously deferred 04-16401] employees; aliens and product decisions; NATIONAL AERONAUTICS FEDERAL RESERVE other designated petitions disposition; Open individuals; notification; AND SPACE for comments until further SYSTEM ADMINISTRATION Economic Growth Regulatory comments due by 10-20- notice; published 7-6-04 04; published 9-20-04 [FR Federal Acquisition Regulation [FR 04-15361] Paperwork Reduction of (FAR): 04-21220] TRANSPORTATION 1996; implementation: Bid bonds; powers of DEPARTMENT Burden reduction INTERIOR DEPARTMENT attorney; comments due recommendations; Indian Affairs Bureau by 10-22-04; published 8- Federal Aviation comments due by 10-18- Law and order on Indian 23-04 [FR 04-19234] Administration 04; published 7-20-04 [FR reservations: NUCLEAR REGULATORY Airworthiness directives: 04-16401] Albuquerque Indian School COMMISSION Boeing; comments due by GENERAL SERVICES property, NM; Courts of Environmental statements; 10-18-04; published 9-3- ADMINISTRATION Indian Offenses; addition availability, etc.: 04 [FR 04-20124] Federal Acquisition Regulation to Santa Fe Indian School Fort Wayne State Empresa Brasileira de (FAR): property listing; comments Developmental Center; Aeronautica S.A. due by 10-19-04; Open for comments until (EMBRAER); comments Bid bonds; powers of due by 10-18-04; attorney; comments due published 8-20-04 [FR 04- further notice; published 19113] 5-10-04 [FR 04-10516] published 9-22-04 [FR 04- by 10-22-04; published 8- 21273] 23-04 [FR 04-19234] INTERIOR DEPARTMENT Production and utilization facilities; domestic licensing: Eurocopter France; HEALTH AND HUMAN Fish and Wildlife Service Pressure vessel code cases; comments due by 10-18- SERVICES DEPARTMENT Alaska National Interest Lands American Society of 04; published 8-19-04 [FR Conservation Act; Title VIII Food and Drug Mechanical Engineers; 04-18438] implementation (subsistence Administration incorporation by reference; McDonnell Douglas; priority): Administrative practice and comments due by 10-18- comments due by 10-18- procedure: Wildlife; 2005-2006 04; published 8-3-04 [FR 04; published 9-3-04 [FR New drug applications; subsistence taking; 04-17609] 04-20123] comments due by 10-22- complete response letter POSTAL SERVICE Pratt & Whitney; comments 04; published 8-31-04 [FR and amendments to Domestic Mail Manual: due by 10-18-04; 04-19839] unapproved applications; Bundles of flat-size and published 8-18-04 [FR 04- comments due by 10-18- Endangered and threatened irregular parcel mail; 18919] 04; published 7-20-04 [FR species permit applications address visibility; Airworthiness standards: 04-16476] Recovery plans— comments due by 10-18- Special conditions— Reports and guidance Paiute cutthroat trout; 04; published 9-2-04 [FR Cessna 206H and T206H documents; availability, etc.: Open for comments 04-19992] airplanes; comments Evaluating safety of until further notice; SECURITIES AND due by 10-21-04; antimicrobial new animal published 9-10-04 [FR EXCHANGE COMMISSION published 9-21-04 [FR drugs with regard to their 04-20517] Fair and Accurate Credit 04-21138] microbiological effects on Endangered and threatened Transactions Act; Dassault Model Mystere- bacteria of human health species: implementation: Falcon and Model Fan

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Jet Falcon airplanes; comments due by 10-18- available on the Internet from H.R. 3249/P.L. 108–319 various series; 04; published 7-20-04 [FR GPO Access at http:// To extend the term of the comments due by 10- 04-16474] www.gpoaccess.gov/plaws/ Forest Counties Payments 22-04; published 9-22- index.html. Some laws may Partnerships and their Committee. (Oct. 5, 2004; 118 04 [FR 04-21224] not yet be available. partners; qualified small Stat. 1212) Lockheed Martin Corp. business stock sale; grain H.R. 1308/P.L. 108–311 Model 1329-23A, -23-D, deferral; hearing date H.R. 3389/P.L. 108–320 -23E, and 1329-25 Working Families Tax Relief correction; comments due To amend the Stevenson- airplanes; comments Act of 2004 (Oct. 4, 2004; by 10-19-04; published 9- Wydler Technology Innovation due by 10-22-04; 118 Stat. 1166) 2-04 [FR 04-20056] Act of 1980 to permit Malcolm published 9-22-04 [FR H.R. 265/P.L. 108–312 Procedure and administration: Baldrige National Quality 04-21225] Entity classification changes; Mount Rainier National Park Awards to be made to Colored Federal airways; eligible associations Boundary Adjustment Act of nonprofit organizations. (Oct. comments due by 10-18-04; taxable as a corporation 2004 (Oct. 5, 2004; 118 Stat. 5, 2004; 118 Stat. 1213) published 9-3-04 [FR 04- for qualified electing S 1194) 20175] corporation; comments H.R. 1521/P.L. 108–313 H.R. 3768/P.L. 108–321 TRANSPORTATION due by 10-18-04; Johnstown Flood National Timucuan Ecological and DEPARTMENT published 7-20-04 [FR 04- Memorial Boundary Historic Preserve Boundary Federal Highway 16233] Adjustment Act of 2004 (Oct. Revision Act of 2004 (Oct. 5, Administration TREASURY DEPARTMENT 5, 2004; 118 Stat. 1196) 2004; 118 Stat. 1214) Right-of-way and environment: Thrift Supervision Office H.R. 1616/P.L. 108–314 S.J. Res. 41/P.L. 108–322 Highway traffic and Economic Growth and Martin Luther King, Junior, construction noise; Regulatory Paperwork National Historic Site Land Commemorating the opening abatement procedures; Reduction Act of 1996; Exchange Act (Oct. 5, 2004; of the National Museum of the comments due by 10-19- implementation: 118 Stat. 1198) American Indian. (Oct. 5, 2004; 118 Stat. 1216) 04; published 8-20-04 [FR Burden reduction H.R. 1648/P.L. 108–315 04-18850] recommendations; Carpinteria and Montecito H.R. 4654/P.L. 108–323 TREASURY DEPARTMENT comments due by 10-18- Water Distribution Systems To reauthorize the Tropical Comptroller of the Currency 04; published 7-20-04 [FR Conveyance Act of 2004 (Oct. 04-16401] Forest Conservation Act of Economic Growth and 5, 2004; 118 Stat. 1200) 1998 through fiscal year 2007, Regulatory Paperwork H.R. 1732/P.L. 108–316 and for other purposes. (Oct. Reduction Act of 1996; LIST OF PUBLIC LAWS To amend the Reclamation 6, 2004; 118 Stat. 1218) implementation: Wastewater and Groundwater Burden reduction Last List October 6, 2004 This is a continuing list of Study and Facilities Act to recommendations; public bills from the current authorize the Secretary of the comments due by 10-18- session of Congress which Interior to participate in the 04; published 7-20-04 [FR have become Federal laws. It Williamson County, Texas, 04-16401] Public Laws Electronic may be used in conjunction Water Recycling and Reuse TREASURY DEPARTMENT Project, and for other Notification Service with ‘‘PLUS’’ (Public Laws (PENS) Internal Revenue Service Update Service) on 202–741– purposes. (Oct. 5, 2004; 118 Estate and gift taxes: 6043. This list is also Stat. 1202) Qualified interests; available online at http:// H.R. 2696/P.L. 108–317 PENS is a free electronic mail comments due by 10-21- www.archives.gov/ Southwest Forest Health and notification service of newly 04; published 7-26-04 [FR federal—register/public—laws/ Wildfire Prevention Act of enacted public laws. To 04-16593] public—laws.html. 2004 (Oct. 5, 2004; 118 Stat. subscribe, go to http:// 1204) Income taxes: The text of laws is not listserv.gsa.gov/archives/ Governmental units serving published in the Federal H.R. 3209/P.L. 108–318 publaws-l.html as nonbank trustee of Register but may be ordered To amend the Reclamation individual retirement in ‘‘slip law’’ (individual Project Authorization Act of Note: This service is strictly accounts; cross-reference; pamphlet) form from the 1972 to clarify the acreage for for E-mail notification of new comments due by 10-20- Superintendent of Documents, which the North Loup division laws. The text of laws is not 04; published 7-22-04 [FR U.S. Government Printing is authorized to provide available through this service. 04-16595] Office, Washington, DC 20402 irrigation water under the PENS cannot respond to Optional 10-year writeoff of (phone, 202–512–1808). The Missouri River Basin project. specific inquiries sent to this certain tax preferences; text will also be made (Oct. 5, 2004; 118 Stat. 1211) address.

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