5–27–05 Friday Vol. 70 No. 102 May 27, 2005

Pages 30605–30894

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Contents Federal Register Vol. 70, No. 102

Friday, May 27, 2005

Agricultural Marketing Service Native American programs: RULES Native Americans Administration program policies and Prunes (dried) produced in— procedures; proposed adoption, 30755–30756 California, 30610–30613 PROPOSED RULES Coast Guard Tomatoes grown in— RULES Florida, 30647–30651 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.: Agriculture Department El Segundo, CA; Offshore Marine Terminal, 30638–30640 See Agricultural Marketing Service Hempstead, NY; Sloop Channel; Wantagh Parkway 3 See Food Safety and Inspection Service Bridge, 30635–30638 See Forest Service Tampa Bay, FL, 30634–30635 RULES PROPOSED RULES Organization, functions, and authority delegations: Ports and waterways safety; regulated navigation areas, General Counsel, 30609–30610 safety zones, security zones, etc.: Newburyport, MA, 30656–30658 Alcohol, Tobacco, Firearms, and Explosives Bureau Regattas and marine parades: RULES Piankatank River Race Explosives: Meeting, 30656 Commerce in explosives— NOTICES Imported explosive materials; identification markings Agency information collection activities; proposals, placement, 30626–30634 submissions, and approvals, 30764–30767

Blind or Severely Disabled, Committee for Purchase From Commerce Department People Who Are See Industry and Security Bureau See Committee for Purchase From People Who Are Blind See International Trade Administration or Severely Disabled See National Oceanic and Atmospheric Administration Centers for Disease Control and Prevention NOTICES Committee for Purchase From People Who Are Blind or Meetings: Severely Disabled Disease, Disability, and Injury Prevention and Control NOTICES Special Emphasis Panel, 30730 Procurement list; additions and deletions, 30691–30693

Centers for Medicare & Medicaid Services Committee for the Implementation of Textile Agreements RULES NOTICES Medicare: Textile and apparel categories: Cost reports; electronic submission, 30640–30643 Commercial availability actions— PROPOSED RULES Colored, open-end spun yarns ranging in size from 6/ Medicaid and Medicare: 1 to 18/1 English count, 30706–30707 Hospice care; participation conditions, 30840–30893 Compacted, plied, ring spun cotton yarns, 30705–30706 NOTICES Agency information collection activities; proposals, Employment and Training Administration submissions, and approvals, 30730–30731 NOTICES Medicare: Agency information collection activities; proposals, Ambulatory surgical centers; new technology intraocular submissions, and approvals, 30815–30817 lenses; payment review, 30731–30733 Meetings: Medicare— Employment Standards Administration Clinical laboratory tests; Physicians’ Current Procedural NOTICES Terminology codes, 30734–30735 Minimum wages for Federal and federally-assisted Medicare Education Advisory Panel, 30733–30734 construction; general wage determination decisions, Organization, functions, and authority delegations: 30817–30818 External Affairs Office et al., 30735–30738 Energy Department Children and Families Administration See Federal Energy Regulatory Commission NOTICES See Western Area Power Administration Grants and cooperative agreements; availability, etc.: NOTICES Fostering Healthy Marriages within Native Communities Alaska natural gas pipeline loan guarantee, 30707–30708 to Improve Child Well-Being projects, 30738–30751 Meetings: Refugee social services; State allocations, 30751–30755 DOE/NSF Nuclear Science Advisory Committee, 30709

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Environmental Protection Agency Applications, hearings, determinations, etc.: NOTICES El Paso Natural Gas Co., 30709 Environmental statements; availability, etc.: Gexa Energy LLC, 30710 Agency statements— Gulf States Wholesale Equity Partners, LP, et al., 30710 Comment availability, 30718 Weekly receipts, 30718–30719 Federal Highway Administration Meetings: NOTICES FIFRA Scientific Advisory Panel, 30719 Environmental statements; notice of intent: Pesticide registration, cancellation, etc.: Kootenai County, ID, 30829–30830 Bayer Crop Science LP et al., 30719–30723 Biopreparaty Co. Ltd., 30723–30725 Federal Mediation and Conciliation Service Toxic and hazardous substances control: NOTICES New chemicals— Grants and cooperative agreements; availability, etc.: Receipt and status information, 30725–30728 Labor-Management Cooperation Program; correction, 30728–30729 Executive Office of the President See Management and Budget Office Federal Reserve System Federal Aviation Administration NOTICES RULES Banks and bank holding companies: Air carrier certification and operations: Formations, acquisitions, and mergers, 30729 Light-sport aircraft; correction, 30624 Airworthiness directives: Federal Trade Commission Boeing, 30617–30621 NOTICES Bombardier, 30621–30624 Meetings; Sunshine Act, 30729 McDonnell Douglas, 30615–30617 Turbomeca S.A., 30613–30615 Fish and Wildlife Service Class E airspace, 30624–30625 NOTICES PROPOSED RULES Endangered and threatened species and marine mammal Airworthiness directives: permit applications, 30772–30773 Rolls-Royce plc, 30653–30655 Turbomeca S.A., 30651–30653 Food and Drug Administration NOTICES RULES Aeronautical land-use assurance; waivers: Animal drugs, feeds, and related products: Barnstable Municipal Airport, MA, 30825 Carprofen, 30625–30626 Madras City-County Airport, OR, 30825–30826 NOTICES Miami International Airport, FL, 30826–30827 Reports and guidance documents; availability, etc.: Agency information collection activities; proposals, FDA Modernization Act of 1997— submissions, and approvals, 30827 Recognized Standards List modification (Recognition Passenger facility charges; applications, etc.: List Numbers), 30756–30761 Daytona Beach International Airport, FL, 30827–30828 Veterinary Medicinal Products, International Cooperation Des Moines International Airport, IA, 30828 on Harmonization of Technical Requirements for Washington Dulles International Airport, VA, 30828– Approval— 30829 New biotechnological/biological veterinary medicinal Reports and guidance documents; availability, etc.: products; test procedures and acceptance criteria, Bonded joints and structures; technical issues and 30763–30764 certification considerations; policy statement, 30829 New veterinary drug substances and new medicinal products; test procedures and acceptance criteria, Federal Emergency Management Agency 30761–30763 RULES Flood elevation determinations: Food Safety and Inspection Service Various States, 30643–30646 NOTICES PROPOSED RULES Codex Alimentarius Commission: Flood elevation determinations: Connecticut and Florida, 30658–30660 International sanitary and phytosanitary standard-setting NOTICES activities, 30675–30690 Agency information collection activities; proposals, submissions, and approvals, 30767–30768 Forest Service NOTICES Federal Energy Regulatory Commission Environmental statements; notice of intent: NOTICES Black Hills National Forest, WY, 30690–30691 Electric rate and corporate regulation filings, 30710–30713 Meetings: Hydroelectric applications, 30713–30714 Resource Advisory Committees— Meetings: Lincoln County, 30691 PJM Interconnection, L.L.C. region; capacity markets; technical conference, 30714 General Services Administration Off-the-record communications, 30715 NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities; proposals, Natural gas interchangeability, 30715–30716 submissions, and approvals, 30729–30730

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Health and Human Services Department Management and Budget Office See Centers for Disease Control and Prevention NOTICES See Centers for Medicare & Medicaid Services Meetings: See Children and Families Administration Acquisition Advisory Panel, 30821–30822 See Food and Drug Administration See Indian Health Service Merit Systems Protection Board RULES Homeland Security Department Practice and procedure: See Coast Guard Board organization and functions, statutory references, See Federal Emergency Management Agency and clarifications, 30607–30609 See U.S. Citizenship and Immigration Services National Archives and Records Administration Housing and Urban Development Department NOTICES NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Records of Congress Advisory Committee, 30818 Homeless assistance; excess and surplus Federal properties, 30769–30772 National Oceanic and Atmospheric Administration Indian Health Service PROPOSED RULES NOTICES Endangered and threatened species: Inpatient and outpatient medical care; reimbursement rates Sea turtle conservation requirements— (2005 CY), 30764 Mid-Atlantic; sea scallop dredge vessels, 30660–30666 Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Industry and Security Bureau Gulf of Mexico Fishery Management Council; meetings, PROPOSED RULES 30673–30674 Export administration regulations: South Atlantic shrimp, 30666–30673 Deemed export licensing practices; clarification and NOTICES revision, 30655–30656 Marine mammals: NOTICES Incidental taking; authorization letters, etc.— National Defense Stockpile: Vandenberg Air Force Base, CA; harbor activities Stockpile disposal levels, changes; potential market related to Delta IV/Evolved Expendable Launch impact, 30693–30694 Vehicle; Pacific harbor seals, etc., 30697–30702 Meetings: Interior Department Mid-Atlantic Fishery Management Council, 30702–30703 See Fish and Wildlife Service Pacific Fishery Management Council, 30703–30704 See Land Management Bureau Permits: Endangered and threatened species, 30704 International Trade Administration Marine mammals, 30705 NOTICES Reports and guidance documents; availability, etc.: Antidumping: Beluga whales; Cook Inlet, AK; conservation plan, 30697 Brake rotors from— China, 30696–30697 National Science Foundation Antidumping and countervailing duties: NOTICES Administrative review requests, 30694–30696 Meetings: Meetings: Materials Research Proposal Review Panel, 30818 United States Travel and Tourism Promotion Advisory Board, 30697 Nuclear Regulatory Commission Justice Department NOTICES See Alcohol, Tobacco, Firearms, and Explosives Bureau Agency information collection activities; proposals, submissions, and approvals, 30818–30819 Environmental statements; availability, etc.: Labor Department Nuclear Management Co., LLC, 30819–30820 See Employment and Training Administration Applications, hearings, determinations, etc.: See Employment Standards Administration Energy Department, 30820–30821 NOTICES Grants and cooperative agreements; availability, etc.: FirstEnergy Nuclear Operating Co., 30819 Combating exploitive child labor through education in— Angola, 30787–30801 Office of Management and Budget Mozambique, 30773–30787 See Management and Budget Office Sierra Leone and Liberia, 30801–30815 Personnel Management Office Land Management Bureau RULES NOTICES Federal Long Term Care Insurance Program, 30605–30607 Meetings: PROPOSED RULES Resource Advisory Councils— Training: Western Montana, 30773 Reporting requirements, 30647

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Railroad Retirement Board U.S. Citizenship and Immigration Services NOTICES NOTICES Agency information collection activities; proposals, Immigration: submissions, and approvals, 30822 Direct Mail Program— Form I-90; application to replace permanent resident card, 30768–30769 Securities and Exchange Commission NOTICES Veterans Affairs Department Investment Company Act of 1940: NOTICES Korea Fund, Inc., 30823–30824 Agency information collection activities; proposals, submissions, and approvals, 30832–30836 Cost-of-living adjustments and headstone or marker State Department allowance rate, 30836–30838 NOTICES Agency information collection activities; proposals, Western Area Power Administration submissions, and approvals, 30824–30825 NOTICES Environmental statements; notice of intent: Surface Transportation Board Big Stone II Power Plant and Transmission Project, SD NOTICES and MN; construction and operation, 30716–30718 Railroad operation, acquisition, construction, etc.: Norfolk Southern Railway Co., 30830 Separate Parts In This Issue

Textile Agreements Implementation Committee Part II See Committee for the Implementation of Textile Health and Human Services Department, Centers for Agreements Medicare & Medicaid Services, 30840–30893

Transportation Department See Federal Aviation Administration Reader Aids See Federal Highway Administration Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, See Surface Transportation Board and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents Treasury Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency information collection activities; proposals, archives, FEDREGTOC-L, Join or leave the list (or change submissions, and approvals, 30830–30832 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

5 CFR 875...... 30605 1200...... 30607 1201...... 30607 Proposed Rules: 410...... 30647 7 CFR 2...... 30609 993...... 30610 999...... 30610 Proposed Rules: 966...... 30647 14 CFR 39 (4 documents) ...... 30613, 30615, 30617, 30621 65...... 30624 71...... 30624 Proposed Rules: 39 (2 documents) ...... 30651, 30653 15 CFR Proposed Rules: 734...... 30655 772...... 30655 21 CFR 520...... 30625 27 CFR 555...... 30626 33 CFR 165 (3 documents) ...... 30634, 30635, 30638 Proposed Rules: 100...... 30656 165...... 30656 42 CFR 413...... 30640 Proposed Rules: 418...... 30840 44 CFR 65...... 30643 67...... 30645 Proposed Rules: 67...... 30658 50 CFR Proposed Rules: 222...... 30660 223...... 30660 622 (2 documents) ...... 30666, 30673

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Rules and Regulations Federal Register Vol. 70, No. 102

Friday, May 27, 2005

This section of the FEDERAL REGISTER insurability of all applicants and that We are clarifying in § 875.101 the contains regulatory documents having general the Carrier’s decision may not be definition of ‘‘Actively at Work.’’ We are applicability and legal effect, most of which appealed to OPM. They state that the broadening paragraph (1)(i) of the are keyed to and codified in the Code of insurance underwriting and the Carrier- definition in two areas. The interim Federal Regulations, which is published under determined criteria are not consistent 50 titles pursuant to 44 U.S.C. 1510. regulations stated that to be considered with the intent of the FLTCIP statute. actively at work, you must be reporting The Code of Federal Regulations is sold by However, we believe that Congressional for work ‘‘at your usual place of the Superintendent of Documents. Prices of intent is clear upon reading of the employment or other location to which new books are listed in the first FEDERAL statute. Section 9002(e)(3) of title 5, Government business requires you to REGISTER issue of each week. United States Code, specifically states travel.’’ We are clarifying the language that ‘‘(n)othing in this chapter shall be to ensure that a day spent at a considered to require that long-term telecommuting location counts as OFFICE OF PERSONNEL care insurance coverage be guaranteed reporting for work. Also, the interim MANAGEMENT to an eligible individual.’’ regulations did not specifically state 5 CFR Part 875 Our intent in administering this that the requirement to be reporting for Program is to offer coverage to eligible work is met with one-half day of active RIN 3206–AJ71 individuals but also to maintain work, although this is how the competitive premiums. To guarantee requirement has been administered. The Federal Long Term Care Insurance coverage to all eligible individuals or all new language makes this clear. Regulation members of the workforce, regardless of In addition, we are removing AGENCY: Office of Personnel their health, would require significantly paragraph (1)(iii), which stated that any Management. higher premiums than are now being type of leave or absence from work does ACTION: Final rule. charged. This could jeopardize the not count as being actively at work viability of the Program as the more (except that an alternative work SUMMARY: The Office of Personnel healthy individuals may choose to schedule’s scheduled day off does count Management (OPM) is issuing the final purchase their coverage elsewhere. as a day actively at work). This deletion regulations that set forth rules for the Four commenters requested that OPM means that an alternative work administration of the Federal Long Term enact an appeal process for insurability schedule’s scheduled day off will not Care Insurance Program (FLTCIP). decisions made by the Carrier. OPM count as a day actively at work. It is DATES: Effective Date: May 27, 2005. believes the current process ensures that treated just as a day on any other type FOR FURTHER INFORMATION CONTACT: individuals with adequate training are of leave would be treated; that is, a day Anne Easton, (202) 606–0770, or able to conduct the proper review of not actively at work. However, to offset [email protected]. appeals. In addition, appeals that go this change we are liberalizing the beyond the internal review processes of SUPPLEMENTARY INFORMATION: actively at work requirement in On Long Term Care Partners are handled by February 4, 2003, interim regulations § 875.404(b)(2) to give employees an an independent, third party vendor, entire week, rather than one day, to (68 FR 5530) governing the Federal Long approved by OPM. We believe it is in Term Care Insurance Program (FLTCIP) meet the requirement. With that change, the best interest of the Federal Long paragraph (b)(2)(iii) became redundant became effective. There was a 60-day Term Care Insurance Program to leave comment period. Nine comments were to paragraph (b)(2)(i); thus we deleted insurability decisions to trained the entire paragraph for clarity’s sake. received in all regarding the regulations. underwriters, as we do with the Federal One commenter suggested that OPM When the interim regulations were Employees’ Group Life Insurance revise its regulations to include published, the FLTCIP law specifically Program. information and procedures relating to excluded all District of Columbia other Federal statutes and regulations. One commenter suggested that we employees from participation, even OPM declines to do so. These change § 875.104(c) to clarify the though some are eligible for FEHB regulations are for the purpose of enrollee’s right to appeal, specifically coverage. The regulations made this providing information and guidance clarifying that any appeal of the exclusion clear. However, since that regarding the FLTCIP and do not Carrier’s reconsideration decision is to time, Public Law 108–7 went into effect. purport to address the applicability or be made directly to the Carrier and not Section 138(a) of the law makes inapplicability of other Federal statutes OPM. We agree that this clarification is employees and annuitants of the D.C. or regulations to the FLTCIP. helpful, and are making the change. The Courts (and their qualified relatives) Two commenters suggested that we same commenter also suggested that we eligible to apply for insurance under the broaden the definition of ‘‘qualified change the term ‘‘misconduct’’ in Program and we held an Open Season relative’’ to include domestic partners of § 875.210(b) (1) to ‘‘gross misconduct.’’ for them. We would have changed Federal employees. We have determined We decline to do so, since relevant § 875.201(a)(1) to indicate that these that at this time we are not going to add Federal law and regulations refer to and groups became eligible to apply for any additional groups to those defined describe ‘‘misconduct,’’ not ‘‘gross insurance under the Program. However, in statute. misconduct.’’ later in 2003, Congress enacted Public Five commenters requested that we We are also taking this opportunity to Law 108–136, the National Defense delete or modify § 875.407, which states make several minor changes and Authorization Act, which included new that the Carrier determines the clarifications to the regulation. provisions for the Federal Long Term

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Care Insurance Program in section 561 a survivor annuity. Neither their adult the uniformed services, their qualified of that law. children nor their current spouses are relatives, and the FLTCIP carrier(s). Section 561 of that law amends considered qualified relatives. We are List of Subjects in 5 CFR Part 875 Section 9001(2)(A) of title 5, United changing the regulation to extend the States Code. Three additional groups, same eligibility status to all adult Administrative practices and and their qualified relatives, are now children and current spouses of procedures, Employee benefit plans, eligible to apply for insurance under the surviving spouses receiving an annuity, Government contracts, Government Program: regardless of whether this is based on employees, Health insurance, Military • DC Government employees and civilian or uniformed service status. personnel, Organization and functions, retirees who were first employed by the We are also adding a subsection (c) to Retirement. DC Government before October 1, 1987, § 402 to reflect that we provide an Open • U.S. Office of Personnel Management. Separated Federal employees with Season to employees of newly eligible Dan G. Blair, title to a deferred annuity, even if they groups that have been added to FLTCIP. Acting Director. aren’t yet receiving that annuity, and Traditionally, this is a 60-day period • Retired ‘‘grey’’ reservists, even if where there is abbreviated underwriting I Accordingly, the interim rule they are not receiving retirement pay. (equivalent to what was done in 2002 establishing 5 CFR part 875 which was The previous addition (employees and when the Program first became published at 68 FR 5530 on February 4, annuitants of the DC Courts) made by available) for those active workforce 2003, is adopted as a final rule with the Public Law 108–7 was, in effect, members of the new group. following changes: superceded. (However, those DC Courts We are clarifying § 875.403 to state PART 875—FEDERAL LONG TERM individuals hired before October 1, 1987 that there are two exceptions to the CARE INSURANCE PROGRAM are added back to the eligible requirement for full underwriting population by Public Law 108–136.) outside of an open season. Those I 1. The authority citation for part 875 Another change occurred in exceptions are described in § 875.206 continues to read as follows: legislation (Pub. L. 107–314) giving the and § 875.405 and are for new and Authority: 5 U.S.C. 9008. Secretary of Defense the authority to newly eligible employees and their determine that employees of a Non- spouses, new and newly eligible active I 2. Amend § 875.101 by: Appropriated Fund (NAF) members of the uniformed services and I a. Remove the words ‘‘Federal civilian instrumentality are eligible to apply for their spouses, and the newly married or Postal employee’’ wherever they insurance under the Federal Program. In spouses of eligible employees and active appear in the section and add, in their § 875.201(a) we are adding language to members of the uniformed services. place, the words ‘‘active workforce treat eligible NAF employees and They can apply with abbreviated member’’. retirees the same as Federal civilian underwriting within 60 days after I b. Revise the definition of Actively at employees or retirees, as the case may becoming eligible. work to read as follows; and be, for this Part. As mentioned previously, we are I c. Revise the definition of Workforce Notwithstanding our ability to reflect changing the actively at work member to read as follows: the addition of groups that have been requirement in § 875.404(b) (2). An added by congressional action this past active workforce member who submits § 875.101 Definition. year, it has become clear that the an abbreviated underwriting application * * * * * regulations do not easily keep up with must now be actively at work at least 1 Actively at work means: these legislative changes. Therefore, day during the calendar week (1) That as an active workforce § 101, ‘‘workforce member’’ is being immediately before the week that member other than a member of the amended to make it clear that when a contains the person’s original effective uniformed services you meet all of the new group is added by law it is not date. Interim regulations required that following conditions: necessary to amend the regulations to the person be actively at work on the (i) You are reporting for work at an reflect this change. We are changing original effective date. If that date fell on approved work location and you work at applicable references to Federal civilian a weekend or holiday, the person had to least one-half of your regularly and Postal employees and members of be actively at work on the last workday scheduled hours for that day; and the uniformed services throughout the before that date for coverage to become regulations to ‘‘active workforce effective. This change will make it (ii) You are able to perform all the member.’’ This is to reflect the easier for employees to meet the actively usual and customary duties of your likelihood in the future of the addition at work requirement and should result employment on your regular work of other groups. The changes in the in fewer postponements of coverage schedule. wording occur in the table of contents effective dates. (2) For a member of the uniformed and in §§ 101, 201, 204, 206, 211, 404, services, that you are on active duty and E.O. 12866, Regulatory Review 405, and 410. are physically able to perform the duties We are changing § 875.208 pertaining This rule has been reviewed by the of your position. to eligibility rules with respect to Office of Management and Budget in * * * * * qualified relatives of deceased accordance with Executive Order 12866. Workforce member means a Federal individuals. The adult child of a Federal civilian or Postal employee, member of Regulatory Flexibility Act civilian survivor annuitant is the uniformed services, Federal considered to be a qualified relative I certify that this regulation will not annuitant, retired member of the who can apply for coverage, as is the have a significant economic impact on uniformed services, or member of any current spouse of that survivor. But this a substantial number of small entities other eligible group, as defined in is not the case for qualified relatives of because it affects only Federal, Postal section 9001 of title 5, United States the surviving spouse of a deceased and D.C. Government employees and Code. An active workforce member is member or a deceased retired member of annuitants, active members of the one who is currently employed or is on the uniformed services who is receiving uniformed services, retired members of active duty.

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I 3. Amend § 875.104 by revising the (1) If you are a new active workforce I 11. Amend § 875.403 by adding a new first sentence of paragraph (c) to read as member entering a position that conveys sentence at the end of the paragraph to follows: eligibility, you may apply for coverage read as follows: within 60 days after becoming eligible. § 875.104 What are the steps required to (2) If you are entering a position that § 875.403 May I apply for coverage outside resolve a dispute involving benefit eligibility of an open season? or payment of a claim? conveys eligibility as an active workforce member from a position that * * * The only exceptions to the full * * * * * did not convey eligibility, you may underwriting requirements outside of an (c) If the Carrier upholds its denial (or apply for coverage within 60 days after open season are described in § 875.206 does not respond within 60 days), you becoming eligible. and § 875.405. have the right to appeal its I (3) If you return to active service after 12. Amend § 875.404 by revising reconsideration decision directly to the a break in service of 180 days or more paragraph (b) (2) to read as follows: Carrier.* * * to a position that conveys eligibility, * * * * * § 875.404 What is the effective date of you may apply for coverage within 60 coverage? I 4. Amend § 875.201 by adding a new days after becoming eligible. * * * * * sentence at the end of paragraph (a)(1) * * * * * (b) * * * and by adding a new paragraph (a)(3) to (c) The underwriting requirements (2) If you are an active workforce read as follows: that will be required will be those member and you are applying for § 875.201 Am I eligible as a Federal civilian applicable to active workforce members coverage under abbreviated or Postal Employee? and their spouses during the last open underwriting, you also must be actively (a) * * * season for enrollment before the date of at work at least 1 day during the (1) * * * There is a related exception, your application. calendar week immediately before the however: D.C. government employees * * * * * week which contains your coverage and retirees who were first employed by I 8. Amend § 875.208 by adding a new effective date for your coverage to the D.C. government before October 1, sentence at the end of the paragraph to become effective. You must inform the 1987 are eligible to apply for coverage. read as follows: Carrier if you do not meet this * * * * * requirement. In the event you do not (3) If you are a Non-Appropriated § 875.208 May I apply as a qualified meet this requirement, the Carrier will Fund (NAF) employee or retiree you are relative if the person on whom I am basing issue you a revised effective date, which my eligibility status has died? eligible to apply when the Secretary of will be the 1st day of the next month. Defense determines such eligibility for * * * In this case, your adult You also must meet the actively at work the NAF instrumentality that employs children and your current spouse are requirement for any revised effective you, and you will be treated the same also considered to be qualified relatives. date for coverage to become effective, or as a Federal civilian employee or retiree I 9. Revise § 875.211 to read as follows: you will be issued another revised (as applicable) under this Part. effective date in the same manner. § 875.211 What happens if my eligibility * * * * * status changes after I submit my [FR Doc. 05–10642 Filed 5–26–05; 8:45 am] I 5. Amend § 875.202 by revising the last application? BILLING CODE 6325–39–P sentence to read as follows: (a) If you applied as an active § 875.202 Am I eligible as a Federal workforce member, and separate from service under the MRA+10 provisions of MERIT SYSTEMS PROTECTION annuitant? BOARD * * * Separated Federal employees 5 U.S.C. 8412(g), or retire after you with title to a deferred annuity may submit an application for coverage, but 5 CFR Parts 1200 and 1201 apply for coverage, even if they are not before your coverage becomes effective, yet receiving that annuity. you must reapply as an annuitant and Practices and Procedures submit to full underwriting I 6. Amend § 875.205 by adding a requirements. AGENCY: Merit Systems Protection paragraph (c) to read as follows: (b) If you applied as an active Board. § 875.205 Am I eligible as a retired member workforce member, and otherwise ACTION: Final rule. of the uniformed services? separate from service, but you are a SUMMARY: qualified relative of another workforce The Merit Systems Protection * * * * * Board (MSPB or the Board) is amending (c) You are eligible to apply for member, you must reapply based on the additional underwriting requirements its rules relating to Board organization coverage as a retired (‘‘grey’’) reservist, in 5 CFR part 1200 to more accurately even if not yet receiving retirement pay. specified for that type of qualified relative. reflect the Board’s staff organization and I 7. Amend § 875.206 by: functions. The Board is also amending I I a. Remove the words ‘‘Federal civilian 10. Amend § 875.402 by adding a new its rules of practice and procedure in 5 or Postal employee or member of the paragraph (c) to read as follows: CFR part 1201 to correct statutory uniformed service’’ wherever they § 875.402 When will open seasons be references and to clarify certain matters. appear in the section and add, in their held? DATES: Effective May 27, 2005. place, ‘‘active workforce member’’; and FOR FURTHER INFORMATION CONTACT: I b. Revise the section title and * * * * * Bentley M. Roberts, Clerk of the Board, paragraphs (a) and (c) to read as follows: (c) In situations where new eligibility groups are added to the Program, and Merit Systems Protection Board, 1615 M § 875.206 As a new active workforce OPM determines that it is appropriate to Street, NW., Washington, DC 20419; member when may I apply? have an open season, OPM will provide (202) 653–7200; fax: (202) 653–7130; or (a) As a new, newly eligible, or notice and set the requirements for a e-mail: [email protected]. returning active workforce member, you special open season limited to those SUPPLEMENTARY INFORMATION: The Board may apply as follows: eligible individuals. is amending its rules relating to Board

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organization in 5 CFR part 1200 and its List of Subjects paragraphs (a)(2), (a)(19), and (a)(20) to rules of practice and procedure in 5 CFR read as follows: 5 CFR Part 1200 part 1201 as follows: § 1201.3 Appellate jurisdiction. 1200.10(a)(8) and (b)(8) are amended MSPB organization. (a) * * * to reflect the fact that the Financial and 5 CFR Part 1201 Administrative Management Division (2) Removal, reduction in grade or has been re-designated as the Office of Administrative practice and pay, suspension for more than 14 days, Financial and Administrative procedure, Civil rights, Government or furlough for 30 days or less for cause Management; employees. that will promote the efficiency of the service. (5 CFR part 752, subparts C and 1200.10(a)(9) and (b)(9) are amended I Accordingly, the Board amends 5 CFR D; 5 U.S.C. 7511–7514); to reflect the fact that the Information parts 1200 and 1201 as follows: Resources Management Division has * * * * * been re-designated as the Office of PART 1200—[AMENDED] (19) Employment practices Information Resources Management; administered by the Office of Personnel I 1. The authority citation for subpart B Management to examine and evaluate 1200.10(b)(8) is amended to reflect the of part 1200 continues to read as follows: fact that the Board’s accounting the qualifications of applicants for functions are performed by the U.S. Authority: 5 U.S.C. 1204(h) and (j). appointment in the competitive service (5 CFR 300.104); and Department of Treasury’s Bureau of I 2. Section 1200.10 is amended by Public Debt instead of the U.S. (20) Reduction-in-force action revising paragraphs (a)(8), (a)(9), (b)(8), affecting a career or career candidate Department of Agriculture’s National and (b)(9) to read as follows: Finance Center; appointee in the Foreign Service (Pub. 1201.3(a)(2) is amended to correct a § 1200.10 Staff organization and functions. L. 103–236, § 181(a)(2), to be codified at 22 U.S.C. 4010a). statutory reference by amending ‘‘5 (a) * * * U.S.C. 7512’’ to read ‘‘5 U.S.C. 7511– (8) Office of Financial and * * * * * 7514’’; Administrative Management. I 5. Section 1201.53 is amended by 1201.3(a)(19) is amended by adding (9) Office of Information Resources revising paragraph (c) to read as follows: the word ‘‘and’’ at the end of the Management. § 1201.53 Record of proceedings. paragraph; (b) * * * * * * * * (8) Office of Financial and 1201.3(a)(20) is deleted because 5 (c) Exceptions to payment of costs. A Administrative Management. The Office U.S.C. 3592(a)(3) was repealed in Pub. party may not have to pay for a hearing of Financial and Administrative L. 107–296, Title XIII, tape recording or written transcript if he Management administers the budget, § 1321(a)(2)(A)(iii), Nov. 25, 2002, 116 has a good reason to support a request accounting, procurement, property Stat. 2297; for an exception. If a party believes he management, physical security, and 1201.3(a)(21) is re-designated as has a good reason and the request is general services functions of the Board. (a)(20) and is amended to correct a made before the judge issues an initial It also develops and coordinates internal statutory reference by deleting ‘‘22 decision, the party must send the management programs and projects, U.S.C. 4011’’ and replacing it with ‘‘22 request for an exception to the judge. If including review of internal controls U.S.C. 4010a’’; the request is made after the judge agencywide. It performs certain 1201.53(c) is amended to clarify that issues an initial decision, the request personnel functions, including policy, the Clerk of the Board has authority to must be sent to the Clerk of the Board, training, drug testing, and the Employee rule on requests for exceptions to the who shall have authority to grant or Assistance Program. It also administers payment of costs for a hearing tape deny such requests. The party must the agency’s cross-servicing recording or transcript made after the clearly state the reason for the request arrangements with the U.S. Department initial decision is issued; in an affidavit or sworn statement. of Treasury’s Bureau of Public Debt for 1201.56(a)(1)(i) is amended to delete a * * * * * reference to 5 U.S.C. 3592(a)(3) as that accounting services and with the U.S. I 6. Section 1201.56 is amended by statute was repealed by Pub. L. 107–296, Department of Agriculture’s National revising paragraph (a)(1)(i) to read as Title XIII, § 1321(a)(2)(A)(iii), Nov. 25, Finance Center for payroll and follows: 2002, 116 Stat. 2297; personnel action processing services and with the U.S. Department of 1201.81(a) is amended to clarify the § 1201.56 Burden and degree of proof; extent of the Board’s subpoena authority Agriculture’s APHIS Business Services affirmative defenses. under 5 U.S.C. 1204(b)(2)(A); for most human resources management services. (a) * * * 1201.103(c) is amended to delete a (1) * * * (9) Office of Information Resources reference to the Board’s standards of (i) It is brought under 5 U.S.C. 4303 Management. The Office of Information conduct (the Board has no such or 5 U.S.C. 5335 and is supported by Resources Management develops, standards of conduct); substantial evidence; or implements, and maintains the Board’s 1201.112(a) is amended to clarify that automated information systems. * * * * * judges do not have authority to rule on * * * * * I 7. Section 1201.81 is amended by requests for exceptions to the payment revising paragraph (a) to read as follows: of costs for a hearing tape recording or PART 1201—[AMENDED] transcript made after the initial decision § 1201.81 Requests for subpoenas. is issued; I 3. The authority citation for part 1201 (a) Request. Parties who wish to 1201.125(c)(1) is amended to add a continues to read as follows: obtain subpoenas that would require the reference to 5 U.S.C. 7323; and attendance and testimony of witnesses, 1201.126(c) is amended to be more Authority: 5 U.S.C. 1204 and 7701. or subpoenas that would require the clear and to add references to 5 U.S.C. I 4. Section 1201.3 is amended by production of documents or other 7323 and 7324. deleting paragraph (a)(21) and revising evidence under 5 U.S.C. 1204(b)(2)(A),

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should file their motions for those § 1201.126 Final decisions. SUPPLEMENTARY INFORMATION: Under 28. subpoenas with the judge. The Board * * * * * U.S.C. 2672 of the FTCA, the head of has authority under 5 U.S.C. (c) In any Hatch Act action in which each Federal agency, including the 1204(b)(2)(A) to issue a subpoena the administrative law judge, or the Secretary of Agriculture, is able to requiring the attendance and testimony Board on petition for review, finds that adjudicate FTCA claims brought against of any individual regardless of location a Federal or District of Columbia his or her respective agency. and for the production of documentary government employee has violated 5 Furthermore, the FTCA states that an or other evidence from any place in the U.S.C. 7323 or 7324 and that the agency may effect a settlement equal to United States, any territory or violation warrants removal, the or less than $25,000, without the ‘‘prior possession of the United States, the administrative law judge, or the Board written approval of the Attorney Commonwealth of Puerto Rico or the on petition for review, will issue a General or his designee.’’ Through 7 District of Columbia. Subpoenas are not written decision ordering the CFR 2.31, the Secretary of Agriculture ordinarily required to obtain the employee’s removal. If the has delegated to the General Counsel the attendance of Federal employees as administrative law judge finds a authority to ‘‘[c]onsider, ascertain, witnesses. violation of 5 U.S.C. 7323 or 7324 and adjust, determine, compromise, and * * * * * determines that removal is not settle claims pursuant to the Federal Tort Claims Act, as amended (28 U.S.C. I 8. Section 1201.103 is amended by warranted, the judge will issue a 2671–2680), and the regulations of the deleting paragraph (c)(3) and revising recommended decision under Attorney General contained in 28 CFR paragraph (c)(2) to read as follows: § 1201.125(c)(1) of this part. If the Board finds a violation of 5 U.S.C. 7323 or part 14* * *’’ § 1201.103 Placing communications in the 7324 and determines by unanimous vote The National Performance Review record; sanctions. that the violation does not warrant (NPR) determined that this limited * * * * * removal, it will impose instead a delegation posed a barrier to the (c) * * * penalty of not less than 30 days efficiency and cost-effectiveness of the (2) Other persons. The Board may suspension without pay. If the Board USDA. Pursuant to the invoke appropriate sanctions against finds by majority vote that the violation recommendations of NPR, on September other offending parties. warrants removal, it will order the 11, 1996, the Secretary of Agriculture enacted a pilot program, created under I 9. Section 1201.112 is amended by employee’s removal. Secretary’s Memorandum 1030-29, by revising paragraph (a) to read as follows: Bentley M. Roberts, Jr., delegating to the Assistant Secretary for § 1201.112 Jurisdiction of the judge. Clerk of the Board. Marketing and Regulatory Programs and (a) After issuing the initial decision, [FR Doc. 05–10652 Filed 5–26–05; 8:45 am] the Administrator of APHIS the the judge will retain jurisdiction over a BILLING CODE 7400–01–P authority to adjudicate claims under case only to the extent necessary to: $2500 submitted pursuant to the FTCA. (1) Correct the transcript; when one is The pilot program proved to be highly obtained; successful. During this program, (2) Rule on a request by the appellant DEPARTMENT OF AGRICULTURE adjudication time for this type of FTCA for attorney fees, consequential claim was reduced from a period of damages, or compensatory damages Office of the Secretary three to six months to less than two under subpart H of this part; weeks. Additionally, payment (3) Process any petition for 7 CFR Part 2 processing time was reduced from ten days to as little as one day. enforcement filed under subpart F of Revision of Delegations of Authority this part; Based on the success of this pilot program, the delegations of authority of (4) Vacate an initial decision before AGENCY: Department of Agriculture. the Department of Agriculture are that decision becomes final under ACTION: Final rule. § 1201.113 in order to accept a amended so that the General Counsel is settlement agreement into the record. SUMMARY: This document amends the now able to delegate the authority to delegations of authority from the another agency head to consider, * * * * * ascertain, adjust, determine, I 10. Section 1201.125 is amended by Secretary of Agriculture in order to reflect the Secretary’s designation of the compromise, and settle, pursuant to the revising paragraph (c)(1) to read as FTCA and regulations of the Attorney follows: General Counsel as the Department official responsible for delegating the General, claims less than $2500 that allege the negligence or wrongful act of § 1201.125 Administrative law judge. authority to other Department heads for an employee of a particular USDA considering, ascertaining, adjusting, * * * * * agency. (c) * * * determining, compromising, and This rule relates to internal agency (1) In a Special Counsel complaint settling, pursuant to the Federal Tort management. Therefore, pursuant to 5 seeking disciplinary action against a Claims Act (FTCA) and regulations of U.S.C. 553, notice of proposed rule Federal or District of Columbia the Attorney General, claims less than making and opportunity for comment government employee for a violation of $2500 that allege the negligence or are not required and this rule may be 5 U.S.C. 7323 or 7324, where the wrongful act of an employee of a certain made effective less than 30 days after administrative law judge finds that the agency. publication in the Federal Register. violation does not warrant removal, the DATES: Effective May 27, 2005. Further, since this rule relates to administrative law judge will issue a FOR FURTHER INFORMATION CONTACT: internal agency management, it is recommended decision to the Board in Kenneth E. Cohen, Assistant General exempt from the provisions of Executive accordance with 5 U.S.C. 557. Counsel, General Law Division, Office Order 12988 and Executive Orders * * * * * of the General Counsel, Department of 12866, amended by Executive Order I 11. Section 1201.126 is amended by Agriculture, Room 3311–S, Washington, 13258. In addition, this action is not a revising paragraph (c) to read as follows: DC 20250, telephone 202–720–5565. rule as defined by the Regulatory

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Flexibility Act (5 U.S.C. 601 et seq.), DEPARTMENT OF AGRICULTURE Order Administration Branch, Fruit and and thus is exempt from the provisions Vegetable Programs, AMS, USDA, 1400 of that Act. Finally, this action is not a Agricultural Marketing Service Independence Avenue, SW., STOP rule as defined in 5 U.S.C. 804, and thus 0237, Washington, DC 20250–0237; does not require review by Congress. 7 CFR Parts 993 and 999 Telephone: (202) 720–2491, Fax: (202) [Docket No. FV05–993–2 IFR] 720–8938. List of Subjects in 7 CFR Part 2 Small businesses may request information on complying with this Authority delegations (Government Dried Prunes Produced in California; regulation by contacting Jay Guerber, agencies). Suspension of Handling and Reporting Requirements, Extension of the Marketing Order Administration I Accordingly, 7 CFR Part 2 is amended Suspension of Outgoing Inspection Branch, Fruit and Vegetable Programs, as follows: and Volume Control Regulations, and AMS, USDA, 1400 Independence Extension of the Suspension of the Avenue, SW., STOP 0237, Washington, PART 2—DELEGATIONS OF Prune Import Regulation DC 20250–0237; Telephone: (202) 720– AUTHORITY BY THE SECRETARY OF 2491, Fax: (202) 720–8938, or E-mail: AGRICULTURE AND GENERAL AGENCY: Agricultural Marketing Service, [email protected]. USDA. OFFICERS OF THE DEPARTMENT SUPPLEMENTARY INFORMATION: This rule ACTION: Interim final rule with request is issued under Marketing Agreement I for comments. 1. The authority citation for part 2 and Order No. 993, both as amended (7 continues to read as follows: SUMMARY: This rule suspends CFR part 993), regulating the handling Authority: 7 U.S.C. 6912(a)(1), 5 U.S.C. indefinitely all remaining handling and of dried prunes produced in California, 301; Reorganization Plan No. 2 of 1953, 3 most reporting requirements under hereinafter referred to as the ‘‘order.’’ CFR, 1949–1953 Comp., p. 1024. Marketing Order No. 993, beginning The marketing agreement and order are August 1, 2005. The marketing order effective under the Agricultural Subpart D—Delegation of Authority to regulates the handling of dried prunes Marketing Agreement Act of 1937, as Other General Officers and Agency produced in California and is amended (7 U.S.C. 601–674), hereinafter Heads administered locally by the Prune referred to as the ‘‘Act.’’ Marketing Committee (committee). This The Department of Agriculture I 2. Amend § 2.31 to revise paragraph (a) rule also indefinitely extends the (USDA) is issuing this rule in to read as follows: suspensions of the outgoing inspection conformance with Executive Order and prune import regulations, and 12866. § 2.31 General Counsel. volume control regulations, currently This rule has been reviewed under * * * * * temporarily suspended until August 1, Executive Order 12988, Civil Justice (a) Consider, ascertain, adjust, 2006, and August 1, 2008, respectively. Reform. This rule is not intended to have retroactive effect. This rule will determine, compromise, and settle DATES: Effective August 1, 2005; not preempt any State or local laws, claims pursuant to the Federal Tort comments received by July 26, 2005 will regulations, or policies, unless they Claims Act, as amended (28 U.S.C. be considered prior to issuance of a final rule. present an irreconcilable conflict with 2671–2680), and the regulations of the this rule. ADDRESSES: Interested persons are Attorney General contained in 28 CFR The Act provides that administrative invited to submit written comments part 14; delegate the authority to proceedings must be exhausted before concerning this rule. Comments must be consider, ascertain, adjust, determine, parties may file suit in court. Under sent to the Docket Clerk, Marketing compromise, and settle, pursuant to the section 608c(15)(A) of the Act, any Order Administration Branch, Fruit and Federal Tort Claims Act as amended (28 handler subject to an order may file Vegetable Programs, AMS, USDA, 1400 U.S.C. 2671–2680) and the regulations with USDA a petition stating that the Independence Avenue, SW., STOP of the Attorney General contained in 28 order, any provision of the order, or any 0237, Washington, DC 20250–0237; Fax: CFR part 14, claims less than $2500 that obligation imposed in connection with (202) 720–8938; or E-mail: allege the negligence or wrongful act of the order is not in accordance with law [email protected]; or Internet: an employee of a USDA agency; and and request a modification of the order http://www.regulations.gov. All consider, ascertain, adjust, determine or to be exempted therefrom. A handler comments should reference the docket is afforded the opportunity for a hearing compromise, and settle claims pursuant number and the date and page number on the petition. After the hearing USDA to section 920 of the Federal Agriculture of this issue of the Federal Register and would rule on the petition. The Act Improvement and Reform Act of 1996, will be made available for public provides that the district court of the Public Law 104–127 (7 U.S.C. 2262a). inspection in the Office of the Docket United States in any district in which * * * * * Clerk during regular business hours, or the handler is an inhabitant, or has his can be viewed at: http:// Dated: April 11, 2005. or her principal place of business, has www.ams.usda.gov/fv/moab.html. Mike Johanns, jurisdiction to review USDA’s ruling on Secretary of Agriculture. FOR FURTHER INFORMATION CONTACT: the petition, provided an action is filed Terry Vawter, Marketing Specialist, [FR Doc. 05–10612 Filed 5–26–05; 8:45 am] not later than 20 days after the date of California Marketing Field Office, the entry of the ruling. BILLING CODE 3410–14–M Marketing Order Administration Branch, Fruit and Vegetable Programs, Summary AMS, USDA, 2202 Monterey Street, This rule suspends handling and Suite 102B, Fresno, California 93721; reporting requirements under the Telephone: (559) 487–5901, Fax: (559) marketing order and the prune import 487–5906; or Kathy Finn, Formal regulation, beginning with the 2005– Rulemaking Team Leader, Marketing 2006 crop year, and continuing

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indefinitely. These provisions could suspended Federal marketing order Handling Requirements either be reactivated or terminated. The should be added to the California state Under the order, §§ 993.48 through 2005–2006 crop year begins on August marketing order for dried plums. 993.59, and § 993.62 authorize In accordance with the committee’s 1, 2005. This action also extends the requirements upon handlers to meet April 16, 2004, resolution, on December current temporary suspensions of the grade and size requirements, obtain both 8, 2004, it recommended to USDA that outgoing inspection and the volume incoming and outgoing inspection, label control regulations. This rule was the marketing order be suspended for prunes appropriately, and hold a unanimously recommended by the one crop year, beginning August 1, portion of the crop in reserve. The committee at a meeting on March 15, 2005, and requested that the current order’s rules and regulations establish 2005. committee members be appointed as trustees during the suspension period. similar requirements. Marketing Order Authority for On February 23, 2005, the Executive Currently, the provisions for outgoing Suspension Committee reconsidered their inspection and reserve disposition are Section 993.90(a) of the prune recommendation to suspend the entire suspended in both the order and the marketing order provides, in part, that order and have the current members order’s rules and regulations until the Secretary ‘‘shall terminate or named as trustees. The Executive August 1, 2006, and August 1, 2008, suspend the operation of any or all of Committee made a subsequent respectively. This rule suspends the provisions of this subpart, whenever recommendation to the committee to indefinitely all the remaining handling he finds that such provisions do not rescind the December 8, 2004, requirements. tend to effectuate the declared policy of recommendation. The Executive Reporting Requirements the ‘‘Act.’’ Information from the Committee then recommended that the committee, or other sources, may be handling and reporting requirements be Under §§ 993.71 through 993.75, the used by the Secretary in making that suspended indefinitely, and forwarded order also includes authority to require determination. that revised recommendation to the full that handlers file reports with the Being cognizant that some growers committee, as well. The revised committee on acquisitions, accountings, and packers believe the marketing order recommendation also included holdings, uses, sales, and shipments of has become overly complex and extending the temporary suspensions of prunes. The order’s rules and restrictive in today’s more outgoing inspection and volume control regulations include similar technologically-advanced, global regulations, which would have ended requirements, except that some of these market, the committee has held task on August 1 of 2006 and 2008, provisions are currently suspended, as force meetings over the last two years to respectively. As stated earlier, on March they relate to volume control solicit input from the industry on 15, 2005, the committee revised its requirements. amending the order. However, little recommendation accordingly. This action suspends indefinitely progress has resulted from those those requirements, along with other meetings concerning the best method to Prune Import Regulations handling requirements and the reporting streamline the existing order and update Section 8e of the Act provides that requirements. it to reflect modern packing methods when certain domestically-produced As stated previously, the committee and marketing strategies. Thus, at its commodities, including prunes, are would enter into an agreement with the meeting on March 15, 2005, the regulated under a Federal marketing CDPB to collect information necessary committee voted unanimously to order, imports of that commodity must for allocating committee member and recommend to USDA that the handling meet the same or comparable grade, alternate member positions and for and reporting requirements, including size, quality, and maturity requirements. continuing assessments on a limited the currently-suspended outgoing Since this rule indefinitely suspends the basis. inspection and volume-control handling regulations, including grade, A Listing of Marketing Order regulations, be suspended indefinitely. size, and quality requirements, these Provisions To Be Suspended Because the committee would need to requirements will continue to be obtain information on the tonnage suspended in the import regulations. As noted, handling and reporting received by each handler to properly Currently, the prune import regulations requirements will be suspended allocate committee member and are suspended through July 31, 2006. indefinitely. Included are provisions in alternate positions, and to assess U.S. imports of dried prunes are the order regarding outgoing inspection handlers for their prorata share of insignificant compared to U.S. and volume control regulations, which expenses, the committee has arranged production. In 2002, while the U.S. are currently temporarily suspended with the California Department of Food produced 158,000 tons of dried prunes, until August 1, 2006, and August 1, and Agriculture and the California Dried only 616 tons were imported. In that 2008, respectively. Plum Board (CDPB) to receive such year, the domestically-produced In a conforming action, the provisions information as needed from the CDPB. tonnage was over 250 times larger than related to marketing policy are The committee would enter into an the imported tonnage. suspended, as well. Under the order, the agreement with the CDPB for this In recent years, as volumes of committee is required to establish a purpose. domestically-produced prunes have marketing policy annually if handling On April 16, 2004, the committee fluctuated imports have also fluctuated, requirements are recommended. If no approved a motion to submit a request but imported prunes continue to handling regulations are recommended to USDA no later than January 15, 2005, represent a very small portion of the due to suspension, no marketing policy to suspend the marketing order for one available prune products in the U.S. statement is required. year, effective August 1, 2005, through market. Certain provisions and parts of certain July 31, 2006. At that time, the Argentina, Chile, France, Mexico, provisions are currently suspended committee believed that the lead time Iran, and Turkey export prunes to the until a specified time. This rule will provided by this recommended United States, with Argentina indefinitely suspend those provisions or suspension permits the industry to accounting for approximately 90 percent parts of certain provisions, as well as consider what portions of the of all U.S. imports. additional provisions. The following list

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of provisions or parts of provisions Section 993.158 Deferment of producers are defined by the Small being suspended are listed below reserve withholding (currently Business Administration (13 CFR chronologically and notations are made suspended through 2008). 121.201) as those having annual receipts to clarify which provisions or parts of Section 993.159 Payments for of less than $750,000, and small provisions are currently suspended. services performed with respect to agricultural service firms are defined as Section 993.21d Reserve prunes reserve tonnage prunes (currently those whose annual receipts are less (currently suspended through 2008). suspended through 2008). than $6,000,000. Section 993.33 Voting procedure Section 993.162 Voluntary prune An industry profile shows that 8 out (partially suspended through 2008). plum diversion (currently suspended of 21 handlers (38 percent) shipped over Section 993.36(i) Duties (currently through 2008). $6,000,000 worth of dried prunes in suspended through 2008). Section 993.165 Disposition of 2003 and could be considered large Section 993.41 Marketing policy. reserve prunes (currently suspended handlers by the Small Business Section 993.48 Regulation. through 2008). Administration. Thirteen of the 21 Section 993.49 Incoming regulation. Section 993.172 Reports of holdings, handlers (62 percent) shipped under Section 993.50 Outgoing regulation receipts, uses, and shipments (partially (partially suspended through 2006). $6,000,000 worth of prunes and could Section 993.51 Inspection and suspended through 2008). be considered small handlers. An Section 993.173 Reports of certification (partially suspended estimated 32 producers, or less than 3 accounting (partially suspended through through 2006). percent of the 1,100 total producers, Section 993.52 Modification. 2008). would be considered large growers with Section 993.53 Above parity Section 993.174 Records. annual incomes over $750,000. The situations. Section 993.400 Modifications. majority of handlers and producers of Section 993.54 Establishment of Section 993.409 Undersized prune California dried prunes may be salable and reserve percentages regulation for the 2002–03 crop year. classified as small entities. (currently suspended through 2008). Section 993.501 Consumer package In addition, there are an estimated 30 Section 993.55 Application of of prunes. importers, and one third-party entity salable and reserve percentages after Section 993.503 Size category. that performs inspections under the end of crop year (currently suspended Section 993.504 In-line inspection. order. USDA does not have precise through 2008). Section 993.505 Floor inspection. information on these entities, but Section 993.56 Reserve obligation Section 993.506 Lot. believes that the majority of the (currently suspended through 2008). Section 993.515 Size categories importers and the third-party inspection Section 993.57 Holding requirement (currently suspended through 2006). agency are small entities. and delivery (currently suspended Section 993.516 Tolerance and As recommended by the Committee, through 2008). limitations (currently suspended this rule indefinitely suspends handling Section 993.58 Deferment of time for through 2006). and reporting requirements under the withholding (currently suspended Section 993.517 Identification marketing order, including extending through 2008). (currently suspended through 2006). the temporary suspensions of outgoing Section 993.59 Payment to handlers Section 993.518 Compliance inspection requirements and reporting for services (currently suspended (currently suspended through 2006). regulations and the import regulations. through 2008). Section 993.601 More restrictive Section 993.62 Diversion privileges grade regulation (partially suspended Impact of the Regulation (currently suspended through 2008). through 2006). This action reduces the reporting and Section 993.65 Disposition of Section 993.602 Maximum recordkeeping requirements for reserve prunes (currently suspended tolerances. California prune handlers and through 2008). Initial Regulatory Flexibility Analysis importers; and reduces the committee’s, Section 993.72 Reports of prune handlers’’, and prune importers’ acquisitions, sales, uses, and shipments. Pursuant to requirements set forth in associated administrative costs. This Section 993.73 Other reports. the Regulatory Flexibility Act (RFA), the action also reduces the number of Section 993.74 Records. Agricultural Marketing Service (AMS) Section 993.75 Verification of inspections performed by the inspection has considered the economic impact of agency for both handlers and importers. reports. this rule on small entities. Accordingly, Section 993.97 Exhibit A; minimum The benefits of this interim final rule AMS has prepared this initial regulatory are expected to accrue to all prune standards (partially suspended through flexibility analysis. 2006). handlers and importers regardless of The purpose of the RFA is to fit their size. Section 993.104 Lot. regulatory actions to the scale of Section 993.105 Size count. business subject to such actions in order Alternatives Considered Section 993.106 In-line inspection. Section 993.107 Floor inspection. that small businesses will not be unduly The deliberations about suspension of Section 993.108 Non-human or disproportionately burdened. the marketing order for one year began consumption outlet. Marketing orders issued pursuant to the at meetings held on April 3 and May 1, Section 993.149 Receiving of prunes Act, and rules issued thereunder, are 2003, and continued to the present. In by handlers. unique in that they are brought about April 2004, the committee believed that Section 993.150 Disposition of through group action of essentially such a suspension provides the industry prunes by handlers (partially suspended small entities acting on their own with an opportunity to operate without through 2006). behalf. Thus, both statutes have small regulation. For some members, a Section 993.156 Application of entity orientation and compatibility. suspension was preferable to reserve percentage (currently suspended There are approximately 1,100 termination. through 2008). producers of dried prunes in the At the December 8, 2004, meeting, the Section 993.157 Holding and production area and approximately 22 committee discussed the impact of and delivery of reserve prunes (currently handlers subject to regulation under the alternatives to suspending the entire suspended through 2008). marketing order. Small agricultural marketing order, and at the February 23,

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2005, Executive Committee meeting, the informational impacts of this action on PART 993—DRIED PRUNES members and industry representatives small businesses. PRODUCED IN CALIFORNIA discussed the impact of and alternatives A small business guide on complying to suspending handling and reporting with fruit, vegetable, and specialty crop I 2. In Part 993, §§ 993.21d, 993.41, requirements, including extending the marketing agreements and orders may 993.48, 993.49, 993.50, 993.51, 993.52, current suspensions of outgoing be viewed at: http://www.ams.usda.gov/ 993.53, 993.54, 993.55, 993.56, 993.57, inspection requirements and reporting fv/moab.html. Any questions about the 993.58, 993.59, 993.62, 993.65, 993.72, regulations. compliance guide should be sent to Jay 993.73, 993.74, 993.75, 993.97, 993.104, At the March 15, 2005, committee Guerber at the previously mentioned 993.105, 993.106, 993.107, 993.108, meeting, the members received the address in the FOR FURTHER INFORMATION 993.149, 993.150, 993.156, 993.157, recommendations of the Executive CONTACT section. 993.158, 993.159, 993.162, 993.165, Committee and, being in unanimous The U.S. Trade Representative has 993.172, 993.173, 993.174, 993.400 accord, voted to rescind their previous reviewed this interim final rule and 993.409, 993.501, 993.503, 993.504, recommendation to suspend the entire concurs with its issuance. 993.505, 993.506, 993.515, 993.516, order in favor of recommending that the This rule invites comments on 993.517, 993.518, 993.601, and 993.602 handling and reporting requirements be changes to the handling and reporting are suspended indefinitely. suspended indefinitely, including the requirements prescribed under the I 3. In § 993.33, the words ‘‘salable and currently-suspended outgoing marketing order and the import reserve percentages, and on any matters inspection and volume control regulation. Any comments timely pertaining to the control or disposition of regulations. received will be considered prior to reserve prunes or to prune plum The suspension permits the industry finalization of this rule. diversion pursuant to § 993.62’’ are to operate for an indefinite period of After consideration of all relevant suspended indefinitely. material presented, including the time without most order requirements. I 4. Paragraph (i) of § 993.36 is committee’s recommendation, and other This will allow growers and handlers suspended indefinitely. time to consider which provisions in the information, it is found that this interim marketing order might continue to meet final rule, as hereinafter set forth, will PART 999—SPECIALTY CROPS; their future needs. tend to effectuate the declared policy of IMPORT REGULATIONS This rule will not impose any the Act. Pursuant to 5 U.S.C. 553, it is also I additional reporting or recordkeeping 5. Section 999.200 is suspended found and determined upon good cause requirements on either small or large indefinitely. that it is impracticable, unnecessary, California dried prune handlers. On the Dated: May 20, 2005. and contrary to the public interest to contrary, this action will remove give preliminary notice prior to putting Kenneth C. Clayton, reporting requirements on all prune this rule into effect and that good cause Acting Administrator, Agriculture Marketing handlers indefinitely. As with all exists for not postponing the effective Service. Federal marketing order programs, date of this rule until 30 days after [FR Doc. 05–10469 Filed 5–26–05; 8:45 am] reports and forms are periodically publication in the Federal Register BILLING CODE 3410–02–P reviewed to reduce information because: (1) The committee requirements and duplication by unanimously recommended these industry and public sector agencies. changes at a public meeting and DEPARTMENT OF TRANSPORTATION The Department has not identified interested parties had an opportunity to any relevant Federal rules that provide input; (2) these changes relax Federal Aviation Administration duplicate, overlap or conflict with this requirements on handlers and interim final rule. importers; and (3) this rule provides a 14 CFR Part 39 In addition, the committee’s meetings 60-day comment period and any [Docket No. FAA–2005–21273; Directorate were widely publicized throughout the comments timely received will be Identifier 2005–NE–15–AD; Amendment 39– prune industry and all interested considered prior to finalization of this 14103; AD 2005–11–01] persons were invited to attend the rule. meeting and participate in committee RIN 2120–AA64 deliberations on all issues at any List of Subjects Airworthiness Directives; Turbomeca meeting in the last two years, including 7 CFR Part 993 S.A. Arrius 1A Turboshaft Engines task force meetings. Like all committee meetings, the April 16 and December 8, Marketing agreements, Plums, Prunes, AGENCY: Federal Aviation 2004, meetings; and the February 23 and Reporting and recordkeeping Administration (FAA), DOT. requirements. March 15, 2005, meetings were public ACTION: Final rule; request for meetings; and all entities, both large and 7 CFR Part 999 comments. small, were encouraged to express views on this issue. The committee itself is Dates, Filberts, Food grades and SUMMARY: The FAA is adopting a new composed of twenty-two members. standards, Imports, Nuts, Plums, airworthiness directive (AD) for Seven are handlers, fourteen are Prunes, Raisins, Reporting and Turbomeca S.A. Arrius 1A turboshaft producers, and one is a public member. recordingkeeping requirements, engines. This AD requires initial and Moreover, the committee, its Executive Walnuts. repetitive testing of the Free Turbine Committee, and the marketing order I For the reasons set forth in the Overspeed Protection System. This AD task force, provide broad industry preamble, 7 CFR parts 993 and 999 are results from an investigation into the representation. Thus, this rule reflects amended as follows: Digital Electronic Control Unit (DECU) their considerable deliberations and I 1. The authority citation for 7 CFR that revealed a malfunction of the Free determinations. Finally, interested parts 993 and 999 continues to read as Turbine Overspeed Protection System. persons are invited to submit follows: This malfunction can exist despite the information on the regulatory and Authority: 7 U.S.C. 601–674. DECU passing all functional tests

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specified in the Engine Maintenance Protection System. The DGAC classified comments on the overall regulatory, Manual. We are issuing this AD to this service bulletin as mandatory and economic, environmental, and energy prevent uncontained engine failure if a issued AD F–2005–063, dated April 27, aspects of the rule that might suggest a free turbine overspeed occurs. 2005, and AD UF–2005–063 R1, dated need to modify it. DATES: Effective June 13, 2005. The May 4, 2005, in order to ensure the We will post all comments we Director of the Federal Register airworthiness of these Arrius 1A receive, without change, to http:// approved the incorporation by reference engines in France. dms.dot.gov, including any personal information you provide. We will also of certain publications listed in the Bilateral Airworthiness Agreement regulations as of June 13, 2005. post a report summarizing each We must receive any comments on This Turbomeca Arrius 1A engine is substantive verbal contact with FAA this AD by July 26, 2005. manufactured in France and is type personnel concerning this AD. Using the certificated for operation in the United ADDRESSES: Use one of the following search function of the DMS Web site, addresses to comment on this AD: States under the provisions of section anyone can find and read the comments • DOT Docket Web site: Go to 21.29 of the Federal Aviation in any of our dockets, including the http://dms.dot.gov and follow the Regulations (14 CFR 21.29) and the name of the individual who sent the instructions for sending your comments applicable bilateral airworthiness comment (or signed the comment on electronically. agreement. Under this bilateral behalf of an association, business, labor • Government-wide rulemaking Web airworthiness agreement, the DGAC union, etc.). You may review the DOT’s site: Go to http://www.regulations.gov kept the FAA informed of the situation complete Privacy Act Statement in the and follow the instructions for sending described above. We have examined the Federal Register published on April 11, your comments electronically. findings of the DGAC, reviewed all 2000 (65 FR 19477–78) or you may visit • Mail: Docket Management Facility; available information, and determined http://dms.dot.gov. that AD action is necessary for products U.S. Department of Transportation, 400 Examining the AD Docket Seventh Street, SW., Nassif Building, of this type design that are certificated Room PL–401, Washington, DC 20590– for operation in the United States. You may examine the docket that contains the AD, any comments 001. FAA’s Determination and Requirements • received, and any final disposition in Fax: (202) 493–2251. of This AD • Hand Delivery: Room PL–401 on person at the DMS Docket Offices the plaza level of the Nassif Building, The unsafe condition described between 9 a.m. and 5 p.m., Monday 400 Seventh Street, SW., Washington, previously is likely to exist or develop through Friday, except Federal holidays. DC, between 9 a.m. and 5 p.m., Monday on other Turbomeca Arrius 1A The Docket Office (telephone (800) 647– through Friday, except Federal holidays. turboshaft engines of the same type 5227) is located on the plaza level of the Contact Turbomeca S.A., 40220 design. This AD requires initial testing Department of Transportation Nassif Tarnos, France; telephone 33 05 59 74 of the Free Turbine Overspeed Building at the street address stated in 40 00, fax 33 05 59 74 45 15, for the Protection System within 25 flight hours ADDRESSES. Comments will be available service information identified in this of the effective date of the AD, and in the AD docket shortly after the DMS AD. repetitive testing at each functional test receives them. of the DECU Free Turbine Overspeed FOR FURTHER INFORMATION CONTACT: Protection System. We are issuing this Authority for This Rulemaking Christopher Spinney, Aerospace AD to prevent uncontained engine Title 49 of the United States Code Engineer, Engine Certification Office, failure in the event of a free turbine specifies the FAA’s authority to issue FAA, Engine and Propeller Directorate, overspeed. You must use the service rules on aviation safety. Subtitle I, 12 New England Executive Park, information described previously to Section 106, describes the authority of Burlington, MA 01803–5299; telephone perform the actions required by this AD. the FAA Administrator. Subtitle VII, (781) 238–7175; fax (781) 238–7199. Aviation Programs, describes in more SUPPLEMENTARY INFORMATION: The FAA’s Determination of the Effective detail the scope of the Agency’s Direction Generale de L’Aviation Civile Date authority. (DGAC), which is the airworthiness Since an unsafe condition exists that We are issuing this rulemaking under authority for France, notified us that an requires the immediate adoption of this the authority described in Subtitle VII, unsafe condition might exist on AD, we have found that notice and Part A, Subpart III, Section 44701, Turbomeca S.A. Arrius 1A turboshaft opportunity for public comment before ‘‘General requirements.’’ Under that engines. The DGAC advises that an issuing this AD are impracticable, and section, Congress charges the FAA with investigation into the DECU revealed a that good cause exists for making this promoting safe flight of civil aircraft in malfunction of the Free Turbine amendment effective in less than 30 air commerce by prescribing regulations Overspeed Protection System. This days. for practices, methods, and procedures malfunction can exist despite the DECU the Administrator finds necessary for Comments Invited passing all functional tests specified in safety in air commerce. This regulation the Engine Maintenance Manual. A This AD is a final rule that involves is within the scope of that authority malfunction of this overspeed system requirements affecting flight safety and because it addresses an unsafe condition could lead to uncontained engine failure was not preceded by notice and an that is likely to exist or develop on if a free turbine overspeed occurs. opportunity for public comment; products identified in this rulemaking however, we invite you to send us any action. Relevant Service Information written relevant data, views, or We have reviewed and approved the arguments regarding this AD. Send your Regulatory Findings technical contents of Turbomeca Alert comments to an address listed under We have determined that this AD will Mandatory Service Bulletin No. A319 77 ADDRESSES. Include ‘‘AD Docket No. not have federalism implications under 0804, dated March 24, 2005, that FAA–2005–21273; Directorate Identifier Executive Order 13132. This AD will describes procedures for testing the 2005–NE–15–AD’’ in the subject line of not have a substantial direct effect on DECU Free Turbine Overspeed your comments. We specifically invite the States, on the relationship between

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the national government and the States, Maintenance Manual. We are issuing this AD Issued in Burlington, Massachusetts, on or on the distribution of power and to prevent uncontained engine failure in the May 17, 2005. responsibilities among the various event of a free turbine overspeed. Robert E. Guyotte, levels of government. Compliance Acting Manager, Engine and Propeller For the reasons discussed above, I Directorate, Aircraft Certification Service. (e) You are responsible for having the certify that the regulation: [FR Doc. 05–10295 Filed 5–26–05; 8:45 am] actions required by this AD performed within 1. Is not a ‘‘significant regulatory BILLING CODE 4910–13–P action’’ under Executive Order 12866; the compliance times specified unless the 2. Is not a ‘‘significant rule’’ under the actions have already been done. DOT Regulatory Policies and Procedures Initial Testing DEPARTMENT OF TRANSPORTATION (44 FR 11034, February 26, 1979); and (f) Within 25 flight hours after the effective Federal Aviation Administration 3. Will not have a significant date of this AD, test the DECU Free Turbine economic impact, positive or negative, Overspeed Protection System, using 14 CFR Part 39 on a substantial number of small entities paragraph 2.B. of the Instructions to be under the criteria of the Regulatory Incorporated of Turbomeca Alert Mandatory [Docket No. FAA–2004–19987; Directorate Flexibility Act. Service Bulletin No. A319 77 0804, dated Identifier 2004–NM–203–AD; Amendment We prepared a summary of the costs March 24, 2005. 39–14105; AD 2005–11–03] to comply with this AD and placed it in (g) If the DECU Free Turbine Overspeed RIN 2120–AA64 the AD Docket. You may get a copy of Protection System fails the test specified in this summary by sending a request to us paragraph (f) of this AD, replace the DECU Airworthiness Directives; McDonnell at the address listed under ADDRESSES. before further flight. Douglas Model 717–200 Airplanes Include ‘‘AD Docket No. 2005–NE–15– Repetitive Testing AD’’ in your request. AGENCY: Federal Aviation (h) Repeat the testing specified in Administration (FAA), Department of List of Subjects in 14 CFR Part 39 paragraph (f) of this AD at each functional Transportation (DOT). test of the DECU Free Turbine Overspeed Air transportation, Aircraft, Aviation ACTION: Final rule. safety, Incorporation by reference, Protection System. Information on the functional tests of the DECU Free Turbine Safety. SUMMARY: The FAA is adopting a new Overspeed Protection System can be found in airworthiness directive (AD) for certain Adoption of the Amendment the Engine Maintenance Manual, Section 77– McDonnell Douglas Model 717–200 30–01. Recommended intervals for the I airplanes. This AD requires replacing Under the authority delegated to me by functional test of the Turbine Overspeed the Administrator, the Federal Aviation Protection System can be found in the Engine eight brake fuses of the hydraulic Administration amends part 39 of the Maintenance Manual, Section 05–10–02. quantity limiter with new or modified Federal Aviation Regulations (14 CFR and reidentified fuses. This AD is part 39) as follows: Alternative Methods of Compliance prompted by reports indicating that (i) The Manager, Engine Certification brake fuses of the hydraulic quantity PART 39—AIRWORTHINESS Office, has the authority to approve limiter of the main landing gear have DIRECTIVES alternative methods of compliance for this failed. We are issuing this AD to prevent AD if requested using the procedures found loss of both hydraulic and brake systems I 1. The authority citation for part 39 in 14 CFR 39.19. if one fuse on each hydraulic system continues to read as follows: Related Information were to fail simultaneously, and Authority: 49 U.S.C. 106(g), 40113, 44701. consequent reduced controllability of (j) DGAC airworthiness directive F–2005– the airplane. § 39.13 [Amended] 063, dated April 27, 2005, and UF–2005, 063 DATES: This AD becomes effective July I 2. The FAA amends § 39.13 by adding R1, dated May 4, 2005, also address the subject of this AD. 1, 2005. the following new airworthiness The incorporation by reference of a directive: Material Incorporated by Reference certain publication listed in the AD is 2005–11–01 Turbomeca S.A.: Amendment (k) You must use Turbomeca Alert approved by the Director of the Federal 39–14103. Docket No. FAA–2005–21273; Mandatory Service Bulletin No. A319 77 Register as of July 1, 2005. Directorate Identifier 2005–NE–15–AD. 0804, dated March 24, 2005, to perform the ADDRESSES: For service information Effective Date tests required by this AD. The Director of the identified in this AD, contact Boeing Federal Register approved the incorporation (a) This airworthiness directive (AD) Commercial Airplanes, Long Beach becomes effective June 13, 2005. by reference of this service bulletin in Division, 3855 Lakewood Boulevard, accordance with 5 U.S.C. 552(a) and 1 CFR Affected ADs Long Beach, California 90846, part 51. Contact Turbomeca S.A., 40220 Attention: Data and Service Tarnos, France; telephone 33 05 59 74 40 00, (b) None. Management, Dept. C1–L5A (D800– fax 33 05 59 74 45 15, for a copy of this Applicability 0024). service information. You may review copies (c) This AD applies to Turbomeca S.A. at the Docket Management Facility; U.S. Docket: The AD docket contains the Arrius 1A turboshaft engines. These engines Department of Transportation, 400 Seventh proposed AD, comments, and any final are installed on, but not limited to, Street, SW., Nassif Building, Room PL–401, disposition. You can examine the AD Eurocopter AS355N Twinstar helicopters. Washington, DC 20590–001, on the Internet docket on the Internet at http:// Unsafe Condition at http://dms.dot.gov; or at the National dms.dot.gov, or in person at the Docket Management Facility office between 9 (d) This AD results from an investigation Archives and Records Administration into the Digital Electronic Control Unit (NARA). For information on the availability a.m. and 5 p.m., Monday through (DECU) that revealed a malfunction of the of this material at NARA, call 202–741–6030, Friday, except Federal holidays. The Free Turbine Overspeed Protection System or go to: http://www.archives.gov/ Docket Management Facility office can exist despite the DECU passing all federal_register/code_of_federal_regulations/ (telephone (800) 647–5227) is located on functional tests specified in the Engine ibr_locations.html. the plaza level of the Nassif Building at

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the U.S. Department of Transportation, Comments paragraph 2.C.1. of the service bulletin 400 Seventh Street SW, room PL–401, We provided the public the identifies the vendor part numbers that Washington, DC. This docket number is opportunity to participate in the correspond to the Boeing part numbers FAA–2004–19987; the directorate development of this AD. We have referenced in the AD. Therefore, we find identifier for this docket is 2004–NM– considered the comments that have it unnecessary to specify vendor part 203–AD. been submitted on the proposed AD. numbers in either paragraph (g) or (h) of the AD when the referenced service FOR FURTHER INFORMATION CONTACT: Support for Proposed AD bulletin contains that information. We Albert Lam, Aerospace Engineer, Cabin One commenter supports the have made no change to the AD in this Safety/Mechanical and Environmental proposed AD. regard. Systems Branch, ANM–150L, FAA, Los Angeles Aircraft Certification Office, Request to Refer to Vendor Part Conclusion 3960 Paramount Boulevard, Lakewood, Numbers We have carefully reviewed the California 90712–4137; telephone (562) One commenter has no technical available data, including the comments 627–5346; fax (562) 627–5210. objection to the proposed AD, but that have been submitted, and would like the vendor part numbers to determined that air safety and the SUPPLEMENTARY INFORMATION: The FAA be included with the Boeing part public interest require adopting the AD proposed to amend 14 CFR part 39 with numbers in paragraphs (g) and (h) of the as proposed. an AD for certain McDonnell Douglas proposed AD. The commenter provided Costs of Compliance Model 717–200 airplanes. That action, no justification for its request. published in the Federal Register on We do not agree. Paragraph (g) of the There are about 133 airplanes of the January 5, 2005 (70 FR 731), proposed AD refers to Boeing Alert Service affected design in the worldwide fleet to require replacing eight brake fuses of Bulletin 717–32A0031, dated September and 103 airplanes on the U.S. registry. the hydraulic quantity limiter with new 10, 2004, as the appropriate source of The following table provides the or modified and reidentified fuses. service information for accomplishing estimated costs for U.S. operators to the required replacement. Note (a) of comply with this AD.

ESTIMATED COSTS

Average labor Cost per Action Work hours rate per hour Parts airplane

Option 1. Replacement with new brake fuses ...... 9 $65 No Charge ... $585 Option 2. Replacement with modified and reidentified brake fuses ...... 13 65 No Charge ... 845

Authority for This Rulemaking responsibilities among the various PART 39—AIRWORTHINESS Title 49 of the United States Code levels of government. DIRECTIVES specifies the FAA’s authority to issue For the reasons discussed above, I I 1. The authority citation for part 39 rules on aviation safety. Subtitle I, certify that this AD: continues to read as follows: Section 106, describes the authority of (1) Is not a ‘‘significant regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. the FAA Administrator. Subtitle VII, action’’ under Executive Order 12866; Aviation Programs, describes in more § 39.13 [Amended] detail the scope of the Agency’s (2) Is not a ‘‘significant rule’’ under authority. DOT Regulatory Policies and Procedures I 2. The FAA amends § 39.13 by adding We are issuing this rulemaking under (44 FR 11034, February 26, 1979); and the following new airworthiness the authority described in Subtitle VII, (3) Will not have a significant directive (AD): Part A, Subpart III, Section 44701, economic impact, positive or negative, 2005–11–03 McDonnell Douglas: ‘‘General requirements.’’ Under that on a substantial number of small entities Amendment 39–14105. Docket No. FAA– section, Congress charges the FAA with under the criteria of the Regulatory 2004–19987; Directorate Identifier 2004– promoting safe flight of civil aircraft in Flexibility Act. NM–203–AD. air commerce by prescribing regulations for practices, methods, and procedures We prepared a regulatory evaluation Effective Date the Administrator finds necessary for of the estimated costs to comply with (a) This AD becomes effective July 1, 2005. ADDRESSES safety in air commerce. This regulation this AD. See the section for Affected ADs a location to examine the regulatory is within the scope of that authority (b) None. because it addresses an unsafe condition evaluation. that is likely to exist or develop on Applicability List of Subjects in 14 CFR Part 39 products identified in this rulemaking (c) This AD applies to McDonnell Douglas action. Air transportation, Aircraft, Aviation Model 717–200 airplanes, fuselage numbers safety, Incorporation by reference, 5002 through 5134 inclusive; certificated in Regulatory Findings any category. Safety. We have determined that this AD will Unsafe Condition not have federalism implications under Adoption of the Amendment (d) This AD was prompted by reports Executive Order 13132. This AD will I indicating that brake fuses of the hydraulic not have a substantial direct effect on Accordingly, under the authority quantity limiter of the main landing gear the States, on the relationship between delegated to me by the Administrator, (MLG) have failed. We are issuing this AD to the national government and the States, the FAA amends 14 CFR part 39 as prevent loss of both hydraulic and brake or on the distribution of power and follows: systems if one fuse on each hydraulic system

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were to fail simultaneously, and consequent Compliance Compliance Times reduced controllability of the airplane. (e) You are responsible for having the (f) At the applicable time in Table 1 of this actions required by this AD performed within AD, do the action required by paragraph (g) the compliance times specified, unless the of this AD. actions have already been done.

TABLE 1.—COMPLIANCE TIMES

For airplanes having— Compliance time

(1) Less than 5,000 total flight cycles as of the effective date of this AD Within 3,600 flight cycles after the effective date of this AD. (2) 5,000 or more total flight cycles as of the effective date of this AD .. Within 1,500 flight cycles after the effective date of this AD.

Replacement (NARA). For information on the availability inspections of the repaired area and, if (g) Replace the eight brake fuses of the of this material at the NARA, call (202) 741– necessary, corrective action. This AD is hydraulic quantity limiter by doing either 6030, or go to http://www.archives.gov/ _ _ _ prompted by reports of loose tension Option 1 or Option 2 in Table 2 of this AD federal register/code of _ _ bolts and crack indications in the in accordance with Boeing Alert Service federal regulations/ibr locations.html. fuselage skin. We are issuing this AD to Bulletin 717–32A0031, dated September 10, Issued in Renton, Washington, on May 16, find and fix fatigue cracking of the 2004. 2005. horizontal stabilizer pivot bulkhead and Michael J. Kaszycki, adjacent structure, which could result in TABLE 2.—REPLACEMENT Acting Manager, Transport Airplane loss of the horizontal stabilizer. Directorate, Aircraft Certification Service. Replace eight fuses having part DATES: This AD becomes effective July Option— number (P/N) 7918282–5503 [FR Doc. 05–10428 Filed 5–26–05; 8:45 am] 1, 2005. with— BILLING CODE 4910–13–P The incorporation by reference of Boeing Alert Service Bulletin 767– 1 ...... New fuses having P/N 7918282– 53A0078, Revision 3, dated November 5505. DEPARTMENT OF TRANSPORTATION 15, 2001; and Boeing Alert Service 2 ...... Modified and reidentified fuses having P/N 7918282–5505. Bulletin 767–53A0078, Revision 4, Federal Aviation Administration dated September 26, 2002, as listed in the AD is approved by the Director of Note 1: Boeing Alert Service Bulletin 717– 14 CFR Part 39 32A0031 refers to Parker Hannifin the Federal Register as of July 1, 2005. Corporation Stratoflex Products Division [Docket No. FAA–2004–19753; Directorate On May 24, 2001 (66 FR 23538, May Service Bulletin 836SD–8–6–20, Revision 1, Identifier 2002–NM–264–AD; Amendment 9, 2001), the Director of the Federal dated June 23, 2004, as an additional source 39–14104; AD 2005–11–02] Register approved the incorporation by of service information for modifying and reference of Boeing Service Bulletin reidentifying the brake fuses. RIN 2120–AA64 767–53–0078, Revision 2, dated April 19, 2001. Parts Installation Airworthiness Directives; Boeing Model 767–200, –300, and –300F Series ADDRESSES: For service information (h) As of the effective date of this AD, no identified in this AD, contact Boeing person may install a brake fuse, Airplanes P/N 7918282–5503, on any airplane. Commercial Airplanes, P.O. Box 3707, AGENCY: Federal Aviation Seattle, Washington 98124–2207. Alternative Methods of Compliance Administration (FAA), Department of Docket: The AD docket contains the (AMOCs) Transportation (DOT). proposed AD, comments, and any final (i) The Manager, Los Angeles Aircraft ACTION: Final rule. disposition. You can examine the AD Certification Office (ACO), FAA, has the docket on the Internet at http:// authority to approve AMOCs for this AD, if SUMMARY: The FAA is superseding an dms.dot.gov, or in person at the Docket requested in accordance with the procedures existing airworthiness directive (AD), Management Facility office between 9 found in 14 CFR 39.19. which applies to certain Boeing Model a.m. and 5 p.m., Monday through Material Incorporated by Reference 767–200, –300, and –300F series Friday, except Federal holidays. The (j) You must use Boeing Alert Service airplanes. That AD currently requires Docket Management Facility office Bulletin 717–32A0031, dated September 10, inspections for fatigue cracking of the (telephone (800) 647–5227) is located on 2004, to perform the actions that are required horizontal stabilizer pivot bulkhead, the plaza level of the Nassif Building at by this AD, unless the AD specifies and repetitive inspections or other the U.S. Department of Transportation, otherwise. The Director of the Federal follow-on actions. That action also 400 Seventh Street SW., room PL–401, Register approves the incorporation by provides a permanent repair, which is Washington, DC. This docket number is reference of this document in accordance FAA–2004–19753; the directorate with 5 U.S.C. 552(a) and 1 CFR part 51. To optional for airplanes with no cracks, get copies of the service information, contact and, if accomplished, ends the identifier for this docket is 2002–NM– Boeing Commercial Airplanes, Long Beach repetitive inspections. For airplanes on 264–AD. Division, 3855 Lakewood Boulevard, Long which the permanent repair is not FOR FURTHER INFORMATION CONTACT: Beach, California 90846, Attention: Data and installed, this new AD requires Suzanne Masterson, Aerospace Service Management, Dept. C1–L5A (D800– repetitive inspections of the same and Engineer, Airframe Branch, ANM–120S, 0024). To view the AD docket, go to the additional inspection locations at new FAA, Seattle Aircraft Certification Docket Management Facility, U.S. Office, 1601 Lind Avenue, SW., Renton, Department of Transportation, 400 Seventh inspection intervals; a one-time torque Street SW., room PL–401, Nassif Building, test; and related investigative and Washington 98055–4056; telephone Washington, DC. To review copies of the corrective actions. For airplanes on (425) 917–6441; fax (425) 917–6590. service information, go to the National which the permanent repair is installed, SUPPLEMENTARY INFORMATION: The FAA Archives and Records Administration this new AD would require repetitive proposed to amend part 39 of the

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Federal Aviation Regulations (14 CFR 18-month grace period will provide an Request for Reformatting part 39) with an AD to supersede AD acceptable level of safety. We have 2001–09–13, amendment 39–12220 (66 revised the final rule accordingly by One commenter requests that we FR 23538, May 9, 2001). The existing adding the grace period in new revise certain formatting for the AD applies to certain Boeing Model paragraph (n)(3). paragraph designations in the proposed 767–200, –300, and –300F series AD. Specifically, in the proposed airplanes. The proposed AD was Request To Clarify Certain requirement to ‘‘[d]o all the actions in published in the Federal Register on Requirements paragraph (l)(1),’’ the commenter notes December 1, 2004 (69 FR 69838). That One commenter, an operator, has no the potential confusion between the action proposed to require, for airplanes objections to the proposed AD but notes lower case letter ‘‘L’’ and the numeral on which the permanent repair is not a potential discrepancy in certain ‘‘1,’’ and suggests that using italics installed, repetitive inspections of the requirements. The commenter states could help the reader differentiate same and additional inspection that paragraphs (l)(1)(ii) and (o) of the between the two forms. locations at new inspection intervals; a proposed AD would require inspection We agree that certain paragraph one-time torque test; and related of airplanes that meet certain criteria in designations might be difficult to investigative and corrective actions. For the service bulletin but does not specify distinguish. However, the Federal airplanes on which the permanent any requirement for airplanes that do Register, which is the medium for repair is installed, that action proposed not meet those criteria. The commenter notifying the public of official agency to require repetitive inspections of the requests that we clarify the proposed actions (including ADs), establishes the repaired area and, if necessary, AD to address this case. formatting requirements for regulations. corrective action. We agree that clarification might be The proposed AD followed those Comments necessary. Paragraph (l)(1)(i) of this AD formatting requirements. We have not is required for all airplanes; paragraph changed the final rule regarding this We provided the public the (l)(1)(ii) is an additional action for issue. opportunity to participate in the certain airplanes. Cracking cannot be Explanation of Additional Changes to development of this AD. We have reliably detected—using the inspections Proposed AD considered the comments that have in paragraph (l)—at critical fastener been submitted on the proposed AD. locations hidden by external doublers, We have identified the inspections in Request To Revise Compliance Time rub strips, or wear plates; therefore, the paragraph (l)(1) in this final rule as Two commenters request that we open-hole high frequency eddy current ‘‘detailed’’ and ‘‘special detailed’’ revise the compliance language in (HFEC) inspections are required only for inspections. New Note 3 in this final paragraph (n) of the proposed AD to those airplanes that meet those criteria. rule defines a special detailed specify that the earlier-occurring For those airplanes, the open-hole HFEC inspection. inspections are required in addition to threshold determines the compliance Boeing has received a Delegation time. the surface inspections (HFEC, low frequency eddy current, and detailed Option Authorization (DOA). We have We agree that we inadvertently revised this final rule to delegate the omitted the phrase ‘‘whichever occurs visual inspections) required by paragraph (l) of this AD. We have authority to approve an alternative first’’ in paragraph (n)(1). We have method of compliance for any repair revised the final rule accordingly. revised paragraphs (l)(1)(ii) and (o) of this final rule to include this required by this AD to the Authorized Request To Include Grace Period information for clarification. Representative for the Boeing DOA Organization rather than the Designated One commenter, an operator, requests Request To Add Authorized Engineering Representative (DER). that we revise paragraph (n) of the Representative proposed AD to add a grace period to Conclusion the inspection threshold. The One commenter requests a revision to commenter reports that some of its the section titled ‘‘Difference Between We have carefully reviewed the airplanes could exceed the proposed the Proposed AD and the Service available data, including the comments thresholds and would consequently be Bulletin’’ in the preamble of the that have been submitted, and grounded as of the effective date of the proposed AD. The commenter requests determined that air safety and the AD. The commenter recommends a that we include a reference to the public interest require adopting the AD grace period of 18 months. Boeing Airworthiness Representative with the changes described previously. We agree with the request. A (AR) in addition to the Designated We have determined that these changes substantial portion of the Model 767 Engineering Representative (DER). will neither increase the economic fleet has accumulated more than 25,000 We partially agree with the request. burden on any operator nor increase the total flight cycles, and the cited service All active Boeing Company DERs on the scope of the AD. bulletin (767–53A0078) for this AD was Model 767 fleet have been converted to Costs of Compliance originally issued October 15, 1998— ARs. Although the referenced section of more than 72 months ago. Therefore, the preamble is not restated in a final This AD will affect about 699 some airplanes indeed could have rule, we have replaced the DER airplanes worldwide. The following already exceeded the thresholds in reference in paragraph (p)(3) of this final table provides the estimated costs for proposed paragraph (n). We find that an rule. U.S. operators to comply with this AD.

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ESTIMATED COSTS

Average Action Work labor rate Parts Cost per airplane Number of U.S.-registered air- hours per hour planes

Inspection (required by AD 2001– 1 $65 None ... $65 (per inspection cycle) ...... 287. 09–13). Inspection and torque check (new 4 65 None ... $260 (per inspection cycle) ...... 287. action). Post-modification inspection (new 6 65 None ... $390 ...... Unknown (for those with perma- action). nent repair per this AD or AD 2001–09–13).

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Requirements of AD 2001–09–13, Restated Title 49 of the United States Code Air transportation, Aircraft, Aviation Initial Inspections specifies the FAA’s authority to issue safety, Incorporation by reference, (f) Prior to the accumulation of 8,000 total rules on aviation safety. Subtitle I, Safety. flight cycles, or within 90 days after May 24, Section 106, describes the authority of 2001 (the effective date of AD 2001–09–13), Adoption of the Amendment whichever occurs later, perform detailed, the FAA Administrator. Subtitle VII, surface high frequency eddy current (HFEC), Aviation Programs, describes in more I Accordingly, under the authority and low frequency eddy current (LFEC) detail the scope of the Agency’s delegated to me by the Administrator, inspections, as applicable, for cracking of the authority. forward and aft outer chord, aft mid chord, the FAA amends 14 CFR part 39 as We are issuing this rulemaking under and upper and lower intercostals of the follows: Station 1809.5 bulkhead. Do the inspections the authority described in Subtitle VII, per Boeing Service Bulletin 767–53–0078, Part A, Subpart III, Section 44701, PART 39—AIRWORTHINESS Revision 2, dated April 19, 2001; or Boeing ‘‘General requirements.’’ Under that DIRECTIVES Alert Service Bulletin 767–53A0078, section, Congress charges the FAA with Revision 3, dated November 15, 2001. promoting safe flight of civil aircraft in I 1. The authority citation for part 39 Note 1: For the purposes of this AD, a air commerce by prescribing regulations continues to read as follows: detailed inspection is: ‘‘An intensive visual examination of a specific structural area, for practices, methods, and procedures Authority: 49 U.S.C. 106(g), 40113, 44701. the Administrator finds necessary for system, installation, or assembly to detect safety in air commerce. This regulation § 39.13 [Amended] damage, failure, or irregularity. Available lighting is normally supplemented with a is within the scope of that authority I 2. The FAA amends § 39.13 by direct source of good lighting at intensity because it addresses an unsafe condition removing amendment 39–12220 (66 FR deemed appropriate by the inspector. that is likely to exist or develop on 23538, May 9, 2001), and by adding the Inspection aids such as mirror, magnifying products identified in this rulemaking following new airworthiness directive lenses, etc., may be used. Surface cleaning action. and elaborate access procedures may be (AD): required.’’ Regulatory Findings 2005–11–02 Boeing: Amendment 39–14104. Docket No. FAA–2004–19753; Repetitive Inspections We have determined that this AD will Directorate Identifier 2002–NM–264–AD. (g) For areas where no cracking is found not have federalism implications under during the inspection per paragraph (f) of this Executive Order 13132. This AD will Effective Date AD: Repeat the inspections in paragraph (f) not have a substantial direct effect on (a) This AD becomes effective July 1, 2005. thereafter at the intervals specified in the States, on the relationship between paragraphs (g)(1) and (g)(2) of this AD, per Affected ADs the national government and the States, Boeing Service Bulletin 767–53–0078, or on the distribution of power and (b) This AD supersedes AD 2001–09–13, Revision 2, dated April 19, 2001; or Boeing responsibilities among the various amendment 39–12220. Alert Service Bulletin 767–53A0078, Revision 3, dated November 15, 2001; until levels of government. Applicability paragraph (i), (l)(1), or (m) of this AD has For the reasons discussed above, I (c) This AD applies to Boeing Model 767– been done. certify that this AD: 200, –300, and –300F series airplanes, as (1) Repeat the detailed inspection every (1) Is not a ‘‘significant regulatory listed in Boeing Alert Service Bulletin 767– 3,000 flight cycles, or 18 months, whichever 53A0078, Revision 4, dated September 26, action’’ under Executive Order 12866; comes first. 2002; certificated in any category. (2) Repeat the surface HFEC and LFEC (2) Is not a ‘‘significant rule’’ under inspections every 6,000 flight cycles or 36 Unsafe Condition DOT Regulatory Policies and Procedures months, whichever comes first. (44 FR 11034, February 26, 1979); and (d) This AD was prompted by reports of loose tension bolts and crack indications in Repair and Follow-On Actions (3) Will not have a significant the fuselage skin. We are issuing this AD to (h) If any cracking is found during any economic impact, positive or negative, find and fix fatigue cracking of the horizontal inspection required by paragraph (f) or (g) of on a substantial number of small entities stabilizer pivot bulkhead and adjacent this AD, before further flight, repair per under the criteria of the Regulatory structure, which could result in loss of the paragraph (h)(1) or (h)(2) of this AD, as Flexibility Act. horizontal stabilizer. applicable. We prepared a regulatory evaluation (1) For cracking of the aft outer chord, aft Compliance mid chord, or any intercostal: Repair per a of the estimated costs to comply with (e) You are responsible for having the method approved by the Manager, Seattle this AD. See the ADDRESSES section for actions required by this AD performed within Aircraft Certification Office (ACO), FAA. For a location to examine the regulatory the compliance times specified, unless the a repair method to be approved by the evaluation. actions have already been done. Manager, Seattle ACO, as required by this

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paragraph, the Manager’s approval letter Manager’s approval letter must specifically by an Authorized Representative for the must specifically reference this AD. reference this AD. Boeing Delegation Option Authorization (2) For cracking of the forward outer chord: Organization who has been authorized by the New Requirements of This AD Repair per Boeing Service Bulletin 767–53– Manager, Seattle ACO, to make those 0078, Revision 2, dated April 19, 2001; Initial and Repetitive Inspections, and findings. For a repair method to be approved, Boeing Alert Service Bulletin 767–53A0078, Torque Test for Airplanes Without the the repair must meet the certification basis of Revision 3, dated November 15, 2001; or Permanent Repair the airplane, and the approval must Revision 4, dated September 26, 2002; except (k) For airplanes that have not had the specifically refer to this AD. as provided by paragraph (j) of this AD. permanent repair installed in accordance Procedures for repair include open-hole Corrective Actions with paragraph (i) of this AD, at the later of HFEC inspections for cracking of certain (m) If any cracking is found during any the times in paragraphs (k)(1) and (k)(2) of fastener holes of the chord and longeron inspection required by paragraph (l), (n) and this AD, do all the actions in paragraph (l) fitting, detailed inspections for cracking of (o) of this AD, before further flight, repair in of this AD. adjacent structure, and installation of new (1) Within 3,000 flight cycles or 18 months accordance with paragraph (m)(1) or (m)(2) of chords, splices, fairings, and brackets. If the after the effective date of this AD, whichever this AD, as applicable. time-limited repair is done per the service occurs first. (1) For cracks found during the inspection bulletin, do a detailed inspection of the (2) Prior to the accumulation of 8,000 total required by paragraph (n) or (o) of this AD, repaired area within 1,500 flight cycles or 9 flight cycles. or for cracks found in the aft outer chord, months after installation of the temporary (l) Do all the actions in paragraphs (l)(1) tension fitting, splice fitting, aft mid chord, repair, whichever comes first, and do or any intercostal: Before further flight, repair paragraph (h)(2)(i) or (h)(2)(ii) of this AD, per and (l)(2) of this AD in accordance with ‘‘Part 1—Inspection’’ of the Accomplishment per a method approved by the Manager, the service bulletin. As of the effective date Seattle ACO; or per data meeting the type of this AD, inspect only in accordance with Instructions of Boeing Alert Service Bulletin 767–53A0078, Revision 4, dated September certification basis of the airplane approved Boeing Alert Service Bulletin 767–53A0078, by an Authorized Representative for the Revision 4, dated September 26, 2002. 26, 2002. (1) Do a detailed inspection and applicable Boeing Delegation Option Authorization (i) If no cracking is found during the Organization who has been authorized by the inspection of the repaired area: Within 3,000 special detailed inspections (i.e., using LFEC and HFEC methods) for cracking of the Manager, Seattle ACO, to make those flight cycles or 18 months after installation findings. For a repair method to be approved, of the time-limited repair, whichever comes forward and aft outer chord, splice fitting, aft mid chord, aft intercostal, tension fitting, and the repair must meet the certification basis of first, do paragraph (i), ‘‘Permanent Repair,’’ the airplane, and the approval must of this AD. fuselage skin, and repeat the applicable inspections at the applicable time in specifically refer to this AD. (ii) If any cracking is found during the (2) For cracks in the forward outer chord: inspection of the repaired area: Before further paragraph (l)(1)(i) and (l)(1)(ii) of this AD. This inspection terminates the repetitive Prior to further flight, do the time limited flight, do paragraph (i), ‘‘Permanent Repair,’’ repair in paragraph (h)(2) of this AD, or do of this AD. inspections required by paragraphs (f) and (g) of this AD. the permanent repair in paragraph (i) of this Permanent Repair AD. If the time limited repair is done, do the Note 3: For the purposes of this AD, a other applicable actions in paragraph (h)(2) (i) Except as provided by paragraph (j) of special detailed inspection is: ‘‘An intensive of this AD at the times specified in that this AD, installation of the permanent repair examination of a specific item, installation, paragraph. As of the effective date of this AD, of the forward outer chord, including or assembly to detect damage, failure, or only repairs done per Boeing Alert Service accomplishment of all actions specified in irregularity. The examination is likely to Bulletin 767–53A0078, Revision 4, dated Part 4 of the Accomplishment Instructions of make extensive use of specialized inspection September 26, 2002, are acceptable for Boeing Service Bulletin 767–53–0078, techniques and/or equipment. Intricate compliance with the requirements of this Revision 2, dated April 19, 2001; Boeing cleaning and substantial access or paragraph. Alert Service Bulletin 767–53A0078, disassembly procedure may be required.’’ Revision 3, dated November 15, 2001; or (i) Repeat the inspections, except for the Repetitive Inspection of Repaired Area Boeing Alert Service Bulletin 767–53A0078, open-hole inspections, at intervals not to (n) For any airplane on which the Revision 4, dated September 26, 2002; exceed 3,000 flight cycles until the permanent repair in paragraph (i) or (m)(2) of terminates the repetitive inspections required permanent repair in paragraph (m)(2) of this this AD is installed, at the latest of the times by paragraph (g) of this AD. As of the AD has been done. in paragraphs (n)(1), (n)(2), and (n)(3) of this effective date of this AD, install the (ii) For airplanes that meet the criteria in AD: Do detailed, LFEC, and applicable HFEC permanent repair only in accordance with flag note 1 of Figure 1 of Boeing Alert Service inspections of the forward and aft outer Boeing Alert Service Bulletin 767–53A0078, Bulletin 767–53A0078, Revision 4, dated chords, tension fitting, splice fitting, and Revision 4, dated September 26, 2002. September 26, 2002 (close ream fasteners, splice angle for cracks; and a detailed Note 2: Installation of the permanent repair external doubler, rub strip, or wear plate inspection of the aft mid chord and aft upper before the effective date of this AD in installed): Repeat the open-hole HFEC and lower intercostals for cracks. Do the accordance with Boeing Service Bulletin inspections for cracking of the forward outer inspections in accordance with ‘‘Part 6— 767–53–0078, dated October 15, 1998; chord, splice fitting, tension fitting, and After Modification or After-Repair Inspection Revision 1, dated September 9, 1999; is fuselage skin in Step 7, Figure 2, of the Program’’ of the Accomplishment acceptable for compliance with paragraph (i) service bulletin at intervals not to exceed Instructions of Boeing Alert Service Bulletin of this AD. 9,000 flight cycles until the permanent repair 767–53A0078, Revision 4, dated September in paragraph (m)(2) of this AD has been done. 26, 2002. Repeat each inspection, except as Exception To Repair Instructions The open-hole HFEC inspections are required provided by paragraph (o) of this AD, (j) For repairs of the forward outer chord: in addition to the surface inspections (HFEC, thereafter at intervals not to exceed 6,000 Where the service bulletin specifies to ask LFEC, and detailed visual inspections) flight cycles, or 36 months, whichever occurs Boeing for repair data, repair per a method required by paragraph (l)(1)(i) of this AD. first. approved by the Manager, Seattle ACO, or (2) Do a one-time torque test and related (1) Within 12,000 flight cycles or 72 per data meeting the type certification basis investigative and corrective actions of the months, whichever occurs first, after the of the airplane approved by a Boeing tension bolt at lower stringer 12A. If any repair accomplished in accordance with Company Designated Engineering corrosion or damage is found in the bolt hole, paragraph (i) or (m)(2) of this AD. Representative who has been authorized by and the service bulletin specifies to contact (2) Prior to the accumulation of 25,000 the Manager, Seattle ACO, to make such Boeing for appropriate action: Before further total flight cycles. findings. For a repair method to be approved flight, repair per a method approved by the (3) Within 18 months after the effective by the Manager, Seattle ACO, as required by Manager, Seattle Aircraft Certification Office date of this AD. this paragraph, the repair must meet the (ACO), FAA; or per data meeting the type (o) For any airplane on which the certification basis of the airplane, and the certification basis of the airplane approved permanent repair in paragraph (i) or (m)(2) of

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this AD is installed, and that meets the Issued in Renton, Washington, on May 16, ADDRESSES: Use one of the following criteria (close ream fasteners, external 2005. addresses to submit comments on this doubler, rub strip or wear plate installed) in Michael J. Kaszycki, AD. flag note 1 of Figure 9 of Boeing Alert Service Acting Manager, Transport Airplane • DOT Docket Web site: Go to http:/ Bulletin 767–53A0078, Revision 4, dated Directorate, Aircraft Certification Service. /dms.dot.gov and follow the instructions September 26, 2002: After the initial [FR Doc. 05–10433 Filed 5–26–05; 8:45 am] for sending your comments inspection in paragraph (n) of this AD, repeat BILLING CODE 4910–13–P electronically. the open-hole HFEC inspection in Step 7 of • Figure 10 of the service bulletin, at intervals Government-wide rulemaking Web not to exceed 12,000 flight cycles, or 72 site: Go to http://www.regulations.gov months, whichever occurs first. The open- DEPARTMENT OF TRANSPORTATION and follow the instructions for sending your comments electronically. hole HFEC inspections are required in Federal Aviation Administration addition to the surface inspections (HFEC, • Mail: Docket Management Facility; LFEC, and detailed visual inspections) U.S. Department of Transportation, 400 required by paragraph (n) of this AD. 14 CFR Part 39 Seventh Street SW., Nassif Building, room PL–401, Washington, DC 20590. Alternative Methods of Compliance [Docket No. FAA–2005–21315; Directorate Identifier 2005–NM–090–AD; Amendment • Fax: (202) 493–2251. (p)(1) In accordance with 14 CFR 39.19, the 39–14106; AD 2005–11–04] • Hand Delivery: Room PL–401 on Manager, Seattle ACO, is authorized to RIN 2120–AA64 the plaza level of the Nassif Building, approve alternative methods of compliance 400 Seventh Street SW., Washington, (AMOCs) for the corresponding provisions of DC, between 9 a.m. and 5 p.m., Monday this AD. Airworthiness Directives; Bombardier (2) AMOCs approved previously per AD Model CL–600–1A11 (CL–600), CL– through Friday, except Federal holidays. 2001–09–13, amendment 39–12220, are 600–2A12 (CL–601), and CL–600–2B16 For service information identified in approved as AMOCs with the corresponding (CL–601–3A, CL–601–3R, and CL–604) this AD, contact Raytheon Aircraft provisions of this AD. Airplanes Modified by Supplemental Company, P.O. Box 3356, Little Rock, (3) An AMOC that provides an acceptable Type Certificate (STC) SA4900SW Arkansas 72203; or Bombardier, Inc., level of safety may be used for any repair Canadair, Aerospace Group, P.O. Box required by this AD, if it is approved by an AGENCY: Federal Aviation 6087, Station Centre-ville, Montreal, Authorized Representative for the Boeing Administration (FAA), Department of Quebec H3C 3G9, Canada. Delegation Option Authorization Transportation (DOT). You can examine the contents of this Organization who has been authorized by the ACTION: Final rule; request for AD docket on the Internet at http:// Manager, Seattle ACO, to make such comments. dms.dot.gov, or in person at the Docket findings. SUMMARY: The FAA is adopting a new Management Facility, U.S. Department Material Incorporated by Reference airworthiness directive (AD) for certain of Transportation, 400 Seventh Street (q) Unless otherwise specified in this AD, Bombardier Model CL–600–1A11 (CL– SW., room PL–401, on the plaza level of the actions must be done in accordance with 600), CL–600–2A12 (CL–601), and CL– the Nassif Building, Washington, DC. Boeing Service Bulletin 767–53–0078, 600–2B16 (CL–601–3A, CL–601–3R, and This docket number is FAA–2005– Revision 2, dated April 19, 2001; Boeing CL–604) airplanes modified by STC 21315; the directorate identifier for this Alert Service Bulletin 767–53A0078, SA4900SW. This AD requires revising docket is 2005–NM–090–AD. Revision 3, dated November 15, 2001; and the airplane flight manual (AFM) to Examining the Docket Boeing Alert Service Bulletin 767–53A0078, require repetitive visual checks of the Revision 4, dated September 26, 2002; as microphone jack assemblies on both You can examine the AD docket on applicable. the Internet at http://dms.dot.gov, or in (1) The incorporation by reference of control columns to detect damage that may interfere with movement of the person at the Docket Management Boeing Alert Service Bulletin 767–53A0078, Facility office between 9 a.m. and 5 Revision 3, dated November 15, 2001; and control column. This AD also requires modification of the microphone jack p.m., Monday through Friday, except Boeing Alert Service Bulletin 767–53A0078, Federal holidays. The Docket Revision 4, dated September 26, 2002; is assembly, related investigative actions, approved by the Director of the Federal and corrective actions if necessary, Management Facility office (telephone Register, in accordance with 5 U.S.C. 552(a) which allows the AFM revision to be (800) 647–5227) is located on the plaza and 1 CFR part 51. removed from the AFM. This AD is level of the Nassif Building at the DOT (2) The incorporation by reference of prompted by a report of a rejected take- street address stated in the ADDRESSES Boeing Service Bulletin 767–53–0078, off and subsequent runway overrun due section. Comments will be available in Revision 2, dated April 19, 2001, was to restricted movement of the co-pilot’s the AD docket shortly after the Docket approved previously by the Director of the control column, which resulted in Management System (DMS) receives Federal Register as of May 24, 2001 (66 FR them. 23538, May 9, 2001). collapse of the nose landing gear and (3) To get copies of the service information, consequent damage of the forward FOR FURTHER INFORMATION CONTACT: John contact Boeing Commercial Airplanes, P.O. fuselage. We are issuing this AD to Hardie, Aerospace Engineer, Special Box 3707, Seattle, Washington 98124–2207. prevent a damaged microphone jack Certification Office, ASW–190, 2601 You may view the AD docket at the Docket assembly from interfering with Meacham Blvd., Fort Worth, Texas Management Facility, U.S. Department of movement of the control column, which 76137–4298; telephone (817) 222–5194; Transportation, 400 Seventh Street SW., could result in loss of control of the fax (817) 222–5785. room PL–401, Nassif Building, Washington, airplane. SUPPLEMENTARY INFORMATION: We have DC. To review copies of the service received a report indicating that a information, go to the National Archives and DATES: Effective May 27, 2005. Records Administration (NARA). For The incorporation by reference of a Bombardier Model CL–600–1A11 (CL– information on the availability of this certain publication listed in the AD is 600) airplane experienced a rejected material at NARA, call (202) 741–6030, or go approved by the Director of the Federal take-off and subsequently overran the to http://www.archives.gov/federal_register/ Register as of May 27, 2005. runway. The nose landing gear code_of_federal_regulations/ We must receive comments on this collapsed, and the forward fuselage was ibr_locations.html. AD by July 26, 2005. damaged as a result of the incident. The

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flightcrew reported that, when they FAA’s Determination and Requirements service bulletin, whichever is first. This attempted to take off, the control of This AD AD specifies a compliance time for the column would not move aft beyond the These airplane models are modification of 15 flight hours or 15 neutral position. Investigation revealed manufactured in Canada and are type days after the effective date of the AD, that the microphone jack assembly certificated for operation in the United whichever is first. In developing an installed on the co-pilot’s control States under the provisions of § 21.29 of appropriate compliance time for this column was bent downward, which the Federal Aviation Regulations (14 AD, we considered the manufacturer’s recommendation, the degree of urgency restricted the aft movement of the CFR 21.29) and the applicable bilateral associated with the subject unsafe control column. This condition, if not airworthiness agreement. We have condition, and the average utilization of corrected, could result in loss of control evaluated all pertinent information, and the affected fleet. We also considered of the airplane. determined that we need to issue an AD the recommendation for repetitive for products of this type design that are The microphone jack assembly on the inspections in Bombardier Advisory modified by STC SA4900SW and affected airplane was installed Wire AW600–00–2247, Revision 2. certificated for operation in the United incidental to Supplemental Type (These repetitive inspections are similar States. Certificate (STC) SA4900SW. Therefore, to the repetitive visual checks specified Therefore, we are issuing this AD to we find that all Bombardier Model CL– in the AFM revision required by this prevent a damaged microphone jack 600–1A11 (CL–600), CL–600–2A12 (CL– AD.) In light of all of these factors, we assembly from interfering with 601), and CL–600–2B16 (CL–601–3A, find that, for the modification, a movement of the control column, which CL–601–3R, and CL–604) airplanes compliance time of 15 flight hours or 15 could result in loss of control of the modified by that STC may be subject to days, whichever is earlier, represents an airplane. This AD requires revising the the same unsafe condition. appropriate interval of time for affected AFM to require repetitive visual checks airplanes to continue to operate without Relevant Service Information of the microphone jack assemblies on compromising safety, provided that the both control columns to detect damage microphone jack assembly is checked Raytheon has issued Service Bulletin that may interfere with movement of the for damage before every flight. We find SB 23–3727, dated May 2005. The control column. We have determined that this compliance time should service bulletin describes procedures for that the checks specified in the AFM provide an opportunity for affected modifying the microphone jack revision must be performed by the operators to accomplish the assembly, and performing related flightcrew because of the possibility that modification without unnecessarily investigative actions and corrective damage to the microphone jack grounding airplanes. This difference has actions if necessary. The related assembly may occur between the time investigative actions include performing been coordinated with Raytheon. an inspection is performed by Although the Accomplishment a general visual inspection of the cover maintenance personnel and the time the of the pilot’s and co-pilot’s control Instructions of the referenced service flightcrew enters the flight deck to bulletin describe procedures for columns for cracking around the prepare for the flight. (For example, a reporting accomplishment of the service existing fastener holes for the member of the flightcrew may bulletin, this AD does not require that microphone bracket assembly; a Non- inadvertently step on the microphone action. We do not need this information Destructive Test (NDT) of the jack assembly, causing it to bend.) We from operators. microphone jack assembly for any have determined that it is possible for damage, including cracks; and a the flightcrew to perform the visual Clarification of Service Bulletin Note measurement of the distance between checks because the checks do not The Raytheon service bulletin existing fastener holes and the location require tools, precision measuring includes a note in the Accomplishment of the new fastener holes. (The service equipment, training, or pilot logbook Instructions to inform operators to bulletin specifies various alternatives endorsements, or the use of or reference contact Raytheon ‘‘should any difficulty for performing the NDT including dye- to technical data that are not contained be encountered’’ in accomplishing the penetrant, ultrasonic, and eddy current in the body of the AD. service bulletin. We have included Note methods.) The service bulletin specifies This AD also requires accomplishing 3 in this proposed AD to clarify that any to contact Raytheon if any cracking or the actions specified in the service deviation from the instructions damage is found, or if the minimum information described previously, provided in the service bulletin must be distance between existing and new except as discussed under ‘‘Differences approved as an alternative method of fastener holes is below a certain limit. Between the AD and Service compliance under paragraph (i) of this Accomplishing the actions specified in Information,’’ after which the AFM proposed AD. the service information is intended to revision may be removed from the AFM. FAA’s Determination of the Effective adequately address the unsafe Differences Between the AD and Date condition. Service Information An unsafe condition exists that Bombardier Advisory Wire AW600– Although the Raytheon service requires the immediate adoption of this 00–2247, Revision 2, dated March 24, bulletin specifies that operators may AD; therefore, providing notice and 2005, also addresses the subject of this contact the manufacturer for disposition opportunity for public comment before AD. Section 3.0, Action, of the Advisory of certain repair conditions, this the AD is issued is impracticable, and Wire recommends a repetitive proposed AD would require operators to good cause exists to make this AD inspection to ‘‘verify the security of the repair those conditions according to a effective in less than 30 days. installation of the [microphone jack] method approved by the FAA. receptacle.’’ The intent of this The Raytheon service bulletin Comments Invited inspection is identical to that of the recommends that the modification of This AD is a final rule that involves repetitive visual checks specified in the the microphone jack assembly be requirements that affect flight safety and airplane flight manual (AFM) revision accomplished before the next flight or was not preceded by notice and an required by paragraph (f) of this AD. within 15 days from receipt of the opportunity for public comment;

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however, we invite you to submit any We are issuing this rulemaking under List of Subjects in 14 CFR Part 39 relevant written data, views, or the authority described in Subtitle VII, arguments regarding this AD. Send your Part A, Subpart III, Section 44701, Air transportation, Aircraft, Aviation comments to an address listed under ‘‘General requirements.’’ Under that safety, Incorporation by reference, ADDRESSES. Include ‘‘Docket No. FAA– section, Congress charges the FAA with Safety. 2005–21315; Directorate Identifier 2005- promoting safe flight of civil aircraft in Adoption of the Amendment NM–090-AD’’ at the beginning of your air commerce by prescribing regulations comments. We specifically invite for practices, methods, and procedures I Accordingly, under the authority comments on the overall regulatory, the Administrator finds necessary for delegated to me by the Administrator, economic, environmental, and energy safety in air commerce. This regulation the FAA amends 14 CFR part 39 as aspects of the AD. We will consider all is within the scope of that authority follows: comments received by the closing date because it addresses an unsafe condition and may amend the AD in light of those that is likely to exist or develop on PART 39—AIRWORTHINESS comments. products identified in this rulemaking DIRECTIVES We will post all comments we action. I 1. The authority citation for part 39 receive, without change, to http:// Regulatory Findings continues to read as follows: dms.dot.gov, including any personal We have determined that this AD will information you provide. We will also Authority: 49 U.S.C. 106(g), 40113, 44701. not have federalism implications under post a report summarizing each Executive Order 13132. This AD will § 39.13 [Amended] substantive verbal contact with FAA not have a substantial direct effect on personnel concerning this AD. Using the I the States, on the relationship between 2. The FAA amends § 39.13 by adding search function of our docket web site, the national government and the States, the following new airworthiness anyone can find and read the comments or on the distribution of power and directive (AD): in any of our dockets, including the responsibilities among the various 2005–11–04 Bombardier, Inc. (Formerly name of the individual who sent the levels of government. Canadair): Amendment 39–14106. comment (or signed the comment on For the reasons discussed above, I Docket No. FAA–2005–21315; behalf of an association, business, labor certify that the regulation: Directorate Identifier 2005-NM–090-AD. union, etc.). You can review the DOT’s 1. Is not a ‘‘significant regulatory Effective Date complete Privacy Act Statement in the action’’ under Executive Order 12866; Federal Register published on April 11, (a) This AD becomes effective May 27, 2. Is not a ‘‘significant rule’’ under the 2005. 2000 (65 FR 19477–78), or you can visit DOT Regulatory Policies and Procedures http://dms.dot.gov. (44 FR 11034, February 26, 1979); and Affected ADs Authority for This Rulemaking 3. Will not have a significant (b) None. economic impact, positive or negative, Applicability Title 49 of the United States Code on a substantial number of small entities specifies the FAA’s authority to issue under the criteria of the Regulatory (c) This AD applies to Bombardier Model rules on aviation safety. Subtitle I, CL–600–1A11 (CL–600), CL–600–2A12 (CL– Flexibility Act. 601), and CL–600–2B16 (CL–601–3A, CL– Section 106, describes the authority of We prepared a regulatory evaluation 601–3R, and CL–604) airplanes; certificated the FAA Administrator. Subtitle VII, of the estimated costs to comply with in any category; modified by STC Aviation Programs, describes in more this AD. See the ADDRESSES section for SA4900SW; excluding serial number (S/N) detail the scope of the Agency’s a location to examine the regulatory 3025; and including but not limited to the authority. evaluation. serial numbers listed in Table 1 of this AD.

TABLE 1.—KNOWN AFFECTED S/NS

Model Known S/Ns

CL–600–1A11 (CL–600) ...... 1054, 1059, 1069, 1071, 1080 CL–600–2A12 (CL–601) ...... 3012, 3013, 3034, 3045, 3050, 3051, 3061, 3065 CL–600–2B16 (CL–601–3A, CL–601–3R, and CL–604) ...... 5012, 5046, 5060

Unsafe Condition Airplane Flight Manual (AFM) Revision Note 1: Bombardier Advisory Wire (d) This AD was prompted by a report of (f) Within 5 days after the effective date of AW600–00–2247, Revision 2, dated March 24, 2005, provides additional information on a rejected take-off and subsequent runway this AD, revise the Limitations and Normal damaged microphone jack assemblies and overrun due to restricted movement of the Procedures section of the AFM to contain the interference of damaged assemblies with control column, which resulted in collapse of following information. This may be done by movement of the control column. the nose landing gear and consequent inserting a copy of this AD in the AFM. damage of the forward fuselage. The FAA is ‘‘Before every flight, perform a visual check Modification issuing this AD to prevent a damaged of the microphone jack assembly on the (g) At the applicable compliance time microphone jack assembly from interfering pilot’s and co-pilot’s control column to detect specified in paragraph (g)(1) or (g)(2) of this with movement of the control column, which damage that may interfere with movement of AD, modify the microphone jack assembly could result in loss of control of the airplane. the control column, including downward and do all related investigative actions and applicable corrective actions, in accordance Compliance bending of the receptacle. This check must be performed by the flightcrew. Any damage with the Accomplishment Instructions of (e) You are responsible for having the that may interfere with the movement of the Raytheon Service Bulletin SB 23–3727, dated actions required by this AD performed within May 2005, except as provided by paragraph control column must be repaired before the compliance times specified, unless the (h) of this AD. Once this modification is actions have already been done. further flight.’’ complete, the AFM revision required by

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paragraph (f) of this AD may be removed Washington, DC. To review copies of the Issued in Washington, DC, on May 20, from the AFM. Although the service bulletin service information, go to the National 2005. specifies reporting accomplishment of the Archives and Records Administration Rebecca B. MacPherson, service bulletin to the manufacturer, this AD (NARA). For information on the availability Assistant Chief Counsel, Regulations does not require that action. of this material at the NARA, call (202) 741– Division. (1) If damage that may interfere with the 6030, or go to http://www.archives.gov/ [FR Doc. 05–10596 Filed 5–26–05; 8:45 am] movement of the control column is found federal_register/code_of_federal_regulations/ during any visual check performed in ibr_locations.html. BILLING CODE 4910–13–P accordance with the AFM revision required by paragraph (f) of this AD: Before further Issued in Renton, Washington, on May 20, flight. 2005. DEPARTMENT OF TRANSPORTATION (2) If no damage that may interfere with the Michael J. Kaszycki, movement of the control column is found Acting Manager, Transport Airplane Federal Aviation Administration during any visual check performed in Directorate, Aircraft Certification Service. accordance with the AFM revision required [FR Doc. 05–10536 Filed 5–26–05; 8:45 am] 14 CFR Part 71 by paragraph (f) of this AD: Within 15 days or 15 flight hours after the effective date of BILLING CODE 4910–13–P [Docket No. FAA–2005–20574; Airspace this AD, whichever is first. Docket No. 05–ACE–11]

Repairs DEPARTMENT OF TRANSPORTATION Establishment of Class E2 Airspace; (h) If any cracking is found during any and Modification of Class E5 Airspace; inspection required by this AD, or if the Federal Aviation Administration Chillicothe, MO distance between existing and new fastener holes is less than the limit specified in 14 CFR Part 65 AGENCY: Federal Aviation Raytheon Service Bulletin SB 23–3727, dated Administration (FAA), DOT. May 2005, and the service bulletin specifies ACTION: Final rule. contacting Raytheon for appropriate action: [Docket No. FAA–2001–11133; Amdt. 65–45] Before further flight, repair the cracking or do SUMMARY: This rule establishes a Class other applicable corrective actions according RIN 2120–AH19 E surface area at Chillicothe, MO. It also to a method approved by the Manager, modifies the Class E airspace area Special Certification Office, ASW–190, FAA. Certification of Aircraft and Airmen for For a repair or corrective action method to be extending upward from 700 feet above the Operation of Light-Sport Aircraft; the surface at Chillicothe, MO. approved by the Manager, Special Correction Certification Office, as required by this The effect of this rule is to provide paragraph, the Manager’s approval letter appropriate controlled Class E airspace must specifically refer to this AD. AGENCY: Federal Aviation for aircraft department from and Note 2: A note in the Accomplishment Administration (FAA), DOT. executing instrument approach Instructions of the Raytheon service bulletin ACTION: Final rule; correction. procedures to Chillicothe Municipal instructs operators to contact Raytheon if any Airport and to segregate aircraft using difficulty is encountered in accomplishing SUMMARY: instrument approach procedures in the service bulletin. However, any deviation This document corrects information regarding the training instrument conditions from aircraft from the instructions provided in the service operating in visual conditions. bulletin must be approved as an alternative course design for the repairman method of compliance (AMOC) under certificate (light-sport aircraft) discussed DATES: Effective 0901 UTC, July 7, 2005. paragraph (i) of this AD. in the preamble of the final rule, FOR FURTHER INFORMATION CONTACT: ‘‘Certification of Aircraft and Airmen for Brenda Mumper, Air Traffic Division, AMOCs the Operation of Light-Sport Aircraft,’’ Airspace Branch, ACE–520A, DOT (i) The Manager, Special Certification published in the Federal Register of Regional Headquarters Building, Federal Office, ASW–190, has the authority to July 27, 2004. The regulatory text Aviation Administration, 901 Locust, approve AMOCs for this AD, if requested in addressing this matter was correct and Kansas City, MO 64106; telephone: accordance with the procedures found in 14 CFR 39.19. no correction to that text is required. (816) 329–2524. SUPPLEMENTARY INFORMATION: Related Information DATES: The final rule published at 69 FR 44772 (July 27, 2004) was effective (j) Bombardier Advisory Wire AW600–00– History 2247, Revision 2, dated March 24, 2005, September 1, 2004. On Tuesday, April 12, 2005, the FAA addresses the subject of this AD. FOR FURTHER INFORMATION CONTACT: proposed to amend 14 CFR part 71 to Material Incorporated by Reference Michael W. Brown, Certification and establish a Class E surface area and to modify other Class E airspace at (k) You must use Raytheon Service General Aviation Operations Branch Bulletin SB 23–3727, dated May 2005, to Manager (AFS–810), 202–267–8212. Chillicothe, MO (70 FR 19027). The proposal was to establish a Class E perform the actions that are required by this Correction AD, unless the AD specifies otherwise. The surface area at Chillicothe, MO. It was Director of the Federal Register approves the In final rule FR Doc. 04–16577, also to modify the Class E5 airspace area incorporation by reference of this document beginning on page 44772 in the Federal to bring it into compliance with FAA in accordance with 5 U.S.C. 552(a) and 1 CFR Register of July 27, 2004, make the directives. Interested parties were part 51. To get copies of the service invited to participate in this rulemaking information, contact Raytheon Aircraft following correction to the preamble discussion of § 65.107 Repairman proceeding by submitting written Company, P.O. Box 3356, Little Rock, comments on the proposal to the FAA. Arkansas 72203; or Bombardier, Inc., certificate (light-sport aircraft): Canadair, Aerospace Group, P.O. Box 6087, Eligibility, privileges and limits: No comments objecting to the proposal Station Centre-ville, Montreal, Quebec H3C were received. I On page 44849, in the third column, in 3G9, Canada. To view the AD docket, go to The Rule the Docket Management Facility, U.S. the 22nd line, the words ‘‘performs a task Department of Transportation, 400 Seventh with supervision’’ should have read, This amendment to Part 71 of the Street SW, room PL–401, Nassif Building, ‘‘performs a task without supervision.’’ Federal Aviation Regulations (14 CFR

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part 71) establishes Class E airspace economic impact on a substantial That airspace extending upward from 700 designated as a surface area for an number of small entities under the feet above the surface within a 6.9-mile radius of Chillicothe Municipal Airport and airport at Chillicothe, MO. Controlled criteria of the Regulatory Flexibility Act. ° airspace extending upward from the This rulemaking is promulgated within 2.5 miles each side of the 335 bearing surface of the earth is needed to contain under the authority described in from the Chillicothe NDB extending from the 6.9-mile radius of the airport to 7 miles aircraft executing instrument approach Subtitle VII, Part A, Subpart I, Section northwest of the NDB. procedures to Chillicothe Municipal 40103. Under that section, the FAA is Airport. Weather observations will be charged with prescribing regulations to * * * * * provided by an automatic Weather assign the use of the airspace necessary Issued in Kansas City, MO, on May 17, Observing/Reporting System (AWOS) to ensure the safety of aircraft and the 2005. and communications will be direct with efficient use of airspace. This regulation Elizabeth S. Wallis, Columbia Automated Flight Service is within the scope of that authority Acting Area Director, Western Flight Services Station. since it contains aircraft executing Operations. This rule also revises the Class E instrument approach procedures to [FR Doc. 05–10600 Filed 5–26–05; 8:45 am] airspace area extending upward from Chillicothe Municipal Airport. BILLING CODE 4910–13–M 700 feet above the surface at Chillicothe, MO. An examination of this Class E List of Subjects in 14 CFR Part 71 airspace area for Chillicothe, MO Airspace, Incorporation by reference, DEPARTMENT OF HEALTH AND revealed noncompliance with FAA Navigation (Air). HUMAN SERVICES directives. This corrects identified Adoption of the Amendment discrepancies by increasing the area Food and Drug Administration from a 6.4-mile to a 6.9-mile radius of I In consideration of the foregoing, the Chillicothe Municipal Airport, defining Federal Aviation Administration 21 CFR Part 520 the extension to the airspace area in amends 14 CFR part 71 as follows: terms of the Chillicothe nondirectional Oral Dosage Form New Animal Drugs; radio beacon (NDB), modifying the PART 71—DESIGNATION OF CLASS A, Carprofen bearing of the extension, correcting CLASS B, CLASS C, CLASS D, AND errors in the identified location of the CLASS E AIRSPACE AREAS; AGENCY: Food and Drug Administration, Chillicothe NDB and defining airspace AIRWAYS; ROUTES; AND REPORTING HHS. of appropriate dimensions to protect POINTS ACTION: Final rule. aircraft departing and executing I 1. The authority citation for part 71 instrument approach procedures to SUMMARY: The Food and Drug continues to read as follows: Chillicothe Municipal Airport. The Administration (FDA) is amending the airspace area is brought into compliance Authority: 49 U.S.C. 106(g); 40103, 40113, animal drug regulations to reflect with FAA directives. Both areas will be 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– approval of an abbreviated new animal depicted on appropriate aeronautical 1963 Comp., p. 389. drug application (ANADA) filed by charts. § 71.1 [Amended] IMPAX Laboratories, Inc. The ANADA Class E airspace areas designated as provides for veterinary prescription use surface areas are published in Paragraph I 2. The incorporation by reference in 14 of carprofen caplets in dogs for the relief 6002 of FAA Order 7400.9M, Airspace CFR 71.1 of Federal Aviation of pain and inflammation associated Designations and Reporting points, Administration Order 7400.9M, dated with osteoarthritis. dated August 30, 2004, and effective August 30, 2004, and effective DATES: This rule is effective May 27, September 16, 2004, which is September 16, 2004, is amended as 2005. incorporated by reference in 14 CFR follows: FOR FURTHER INFORMATION CONTACT: 71.1. Class E airspace areas extending upward from 700 feet or more above the Paragraph 6002 Class E Airspace Daniel A. Benz, Center for Veterinary Designated as Surface Areas. surface of the earth are published in Medicine (HFV–104), Food and Drug Paragraph 6005 of the same Order. The * * * * * Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827–0223, e- Class E airspace designations listed in ACE MO E2 Chillicothe, MO mail: [email protected]. this document will be published Chillicothe Municipal Airport, MO SUPPLEMENTARY INFORMATION: subsequently in the Order. (Lat. 39°46′56″ N., long. 93°29′44″ W.) IMPAX The FAA has determined that this Chillicothe NDB Laboratories, Inc., 30831 Huntwood regulation only involves an established (Lat. 39°46′38″ N., long. 93°29′39″ W.) Ave., Hayward, CA 94544, filed ANADA body of technical regulations for which Within a 4.4-mile radius of Chillicothe 200–366 for veterinary prescription use frequent and routine amendments are Municipal Airport and within 2.5 miles each of Carprofen Caplets in dogs for the necessary to keep them operationally side of the 335° bearing from the Chillicothe relief of pain and inflammation current. Therefore, this regulation—(1) NDB extending from the 4.4-mile radius of associated with osteoarthritis. IMPAX is not a ‘‘significant regulatory action’’ the airport to 7 miles northwest of the NDB. Laboratories, Inc.’s Carprofen Caplets is under Executive Order 12866; (2) is not * * * * * approved as a generic copy of Pfizer, a ‘‘significant rule’’ under DOT Inc.’s RIMADYL Caplets, approved Paragraph 6005 Class E airspace areas Regulatory Policies and Procedures (44 extending upward from 700 feet or more under NADA 141–053. ANADA 200– FR 11034; February 26, 1979); and (3) above the surface of the earth. 366 is approved as of April 27, 2005, does not warrant preparation of a and 21 CFR 520.309 is amended to * * * * * Regulatory Evaluation as the anticipated reflect the approval. The basis of impact is so minimal. Since this is a ACE MO E5 Chillicothe, MO approval is discussed in the freedom of routine matter that will only affect air Chillicothe Municipal Airport, MO information summary. traffic procedures and air navigation, it (Lat. 39°46′56″ N., long. 93°29′44″ W.) In accordance with the freedom of is certified that this rule, when Chillicothe NDB information provisions of 21 CFR part promulgated, will not have a significant (Lat. 39°46′38″ N., long. 93°29′39″ W.) 20 and 21 CFR 514.11(e)(2)(ii), a

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summary of safety and effectiveness Dated: May 13, 2005. FOR FURTHER INFORMATION CONTACT: data and information submitted to Stephen F. Sundlof, James P. Ficaretta; Enforcement support approval of this application Director, Center for Veterinary Medicine. Programs and Services; Bureau of may be seen in the Division of Dockets [FR Doc. 05–10627 Filed 5–26–05; 8:45 am] Alcohol, Tobacco, Firearms, and Management (HFA–305), Food and Drug BILLING CODE 4160–01–S Explosives; U.S. Department of Justice; Administration, 5630 Fishers Lane, rm. 650 Massachusetts Avenue, NW., 1061, Rockville, MD 20852, between 9 Washington, DC 20226, telephone (202) a.m. and 4 p.m., Monday through DEPARTMENT OF JUSTICE 927–8203. Friday. SUPPLEMENTARY INFORMATION: The agency has determined under 21 Bureau of Alcohol, Tobacco, Firearms, I. Background CFR 25.33(a)(1) that this action is of a and Explosives type that does not individually or The Bureau of Alcohol, Tobacco, cumulatively have a significant effect on 27 CFR Part 555 Firearms, and Explosives (ATF) is the human environment. Therefore, responsible for implementing Title XI, [Docket No. ATF 5F; AG Order No. 2766– Regulation of Explosives (18 United neither an environmental assessment 2005] nor an environmental impact statement States Code (U.S.C.) Chapter 40), of the is required. RIN 1140–AA02 Organized Crime Control Act of 1970. One of the stated purposes of the Act is This rule does not meet the definition Identification Markings Placed on to reduce the hazards to persons and of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Imported Explosive Materials and property arising from the misuse of it is a rule of ‘‘particular applicability.’’ Miscellaneous Amendments (2000R– explosive materials. Under section 847 Therefore, it is not subject to the 238P) of title 18, U.S.C., the Attorney General congressional review requirements in 5 ‘‘may prescribe such rules and AGENCY: Bureau of Alcohol, Tobacco, U.S.C. 801–808. regulations as he deems reasonably Firearms, and Explosives (ATF), necessary to carry out the provisions of List of Subjects in 21 CFR Part 520 Department of Justice. this chapter.’’ Regulations that Animal drugs. ACTION: Final rule. implement the provisions of chapter 40 I Therefore, under the Federal Food, SUMMARY: The Department of Justice is are contained in title 27, Code of Drug, and Cosmetic Act and under amending the current regulations of the Federal Regulations (CFR), part 555 authority delegated to the Commissioner Bureau of Alcohol, Tobacco, Firearms, (‘‘Commerce in Explosives’’). The term ‘‘explosive materials,’’ as of Food and Drugs and redelegated to the and Explosives (ATF) to require defined in 27 CFR 555.11, means Center for Veterinary Medicine, 21 CFR licensed importers to identify by explosives, blasting agents, water gels, part 520 is amended as follows: marking all explosive materials they import for sale or distribution. Licensed and detonators. The term includes, but PART 520—ORAL DOSAGE FORM manufacturers currently are required to is not limited to, all items in the ‘‘List NEW ANIMAL DRUGS place identification markings on of Explosive Materials’’ provided for in explosive materials manufactured in the § 555.23. Section 555.202 provides for I 1. The authority citation for 21 CFR United States. Similar marking three classes of explosive materials: (1) part 520 continues to read as follows: requirements, however, do not currently High explosives (e.g., dynamite, flash powders, and bulk salutes), (2) low exist for imported explosive materials. Authority: 21 U.S.C. 360b. explosives (e.g., black powder, safety Identification markings are needed on I fuses, igniters, igniter cords, fuse 2. Section 520.309 is amended by explosives to help ensure that these lighters, and display fireworks (except revising paragraphs (b) and (d)(2) to read materials can be effectively traced for bulk salutes)), and (3) blasting agents as follows: criminal enforcement purposes. (e.g., ammonium nitrate-fuel oil and Although ATF does not have regulatory § 520.309 Carprofen. certain water gels). oversight over foreign manufacturers, it * * * * * Section 555.109 requires licensed does have authority over licensed (b) Sponsors. See sponsors in manufacturers of explosive materials to importers of explosive materials. This legibly identify by marking all explosive § 510.600(c) of this chapter for uses as rule will impose identification in paragraph (d) of this section. materials manufactured for sale or requirements on licensed importers of distribution. The marks required by this (1) No. 000069 for use of products explosive materials that are section include the identity of the described in paragraph (a) of this substantially similar to the marking manufacturer and the location, date, and section as in paragraph (d) of this requirements imposed on domestic shift of manufacture. This section also section. manufacturers. provides that licensed manufacturers (2) No. 000115 for use of product In addition, the final rule incorporates must place the required marks on each described in paragraph (a)(1) of this into the regulations the provisions of cartridge, bag, or other immediate section as in paragraphs (d)(1), (d)(2)(i), ATF Ruling 75–35, relating to methods container of explosive materials for sale and (d)(3) of this section. of marking containers of explosive or distribution, as well as on the outside * * * * * materials. This final rule also amends container, if any, used for their the regulations to remove the (d) * * * packaging. requirement that a licensee or permittee Exceptions to the marking (2) Indications for use—(i) For the file for an amended license or permit in requirements are set forth in relief of pain and inflammation order to change the class of explosive § 555.109(b). This section provides that associated with osteoarthritis. materials described in their license or (1) licensed manufacturers of blasting (ii) For the control of postoperative permit from a lower to a higher caps are only required to place the pain associated with soft tissue and classification. required identification marks on the orthopedic surgery. DATES: This rule is effective July 26, containers used for the packaging of * * * * * 2005. blasting caps, (2) the Director may

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authorize other means of identifying imported explosive materials in an criminal enforcement purposes. ATF explosive materials upon receipt of a effort to ensure the traceability and also proposed to incorporate into the letter application from the licensed accountability of the materials, it regulations the provisions of ATF manufacturer showing that other believes that all imported explosive Ruling 75–35, relating to methods of identification is reasonable and will not materials should be appropriately marking containers of explosive hinder the effective administration of identified. Therefore, it petitioned ATF materials. In addition, ATF proposed to part 555, and (3) the Director may to amend the Federal explosives amend the regulations to remove the authorize the use of other means of regulations. requirement that a licensee or permittee identification on fireworks instead of By letter dated August 2, 2000, IME file for an amended license or permit in the required markings specified above. amended its petition to narrow its scope order to change the class of explosive The current regulations do not require to importers of high explosives and materials described in their license or the marking of imported explosive blasting agents. IME stated that it did permit from a lower to a higher materials. not understand that the scope of its classification. The specific regulatory initial petition would apply to importers II. Petition—Institute of Makers of proposals in Notice No. 956 are of low explosives. IME noted that it has Explosives discussed in the following paragraphs. a specific standard recommending that The Institute of Makers of Explosives high explosives and blasting agents be A. Amendments to § 555.109 (IME) filed a petition with ATF, dated marked with a date/plant/shift code. In an effort to protect the public from March 7, 2000, requesting an the misuse of explosive materials, to amendment of the regulations to require III. Advance Notice of Proposed more easily identify explosive materials, licensed importers to place the same Rulemaking and to successfully trace misused identification marks on imported Based on IME’s petition, ATF explosive materials or explosive explosive materials that are currently published in the Federal Register on materials used in crimes, ATF proposed required for explosive materials November 13, 2000, an advance notice to amend § 555.109 to provide that manufactured in the United States. As of proposed rulemaking (ANPRM) licensed importers and permittees must stated in the petition, IME is the safety requesting information and comments identify by marking all explosive association of the commercial from interested persons on the materials they import for sale or explosives industry. Its mission is to desirability and feasibility of marking distribution, or import for their own promote safety and the protection of imported explosive materials (Notice use. The required marks must be legible employees, users, the public and the No. 906, 65 FR 67669). Although ATF and in the English language, using environment, and to encourage the solicited comments on specific Roman letters and Arabic numerals. The adoption of uniform rules and questions, it also requested any relevant marks must identify the importer’s or regulations in the manufacture, information on the subject. The permittee’s name and address, the transportation, storage, handling, use, comment period for Notice No. 906 location (city and country) where the and disposal of explosive materials used closed on January 12, 2001. explosive materials were manufactured, in blasting and other operations. In response to Notice No. 906, ATF as well as the date and shift of According to the petitioner, received three comments. Two manufacture. ATF did not propose to commerce in explosives is a global commenters argued that licensed require the name of the foreign enterprise and it expects the quantity of importers should place the same or manufacturer on imported explosives as imported explosives to increase over similar identification marks on requested by IME in its comments time. For example, the petitioner stated imported explosive materials that are submitted in response to the advance that between 1994 and 1997, imports of currently required for explosive notice. Instead, ATF proposed to require high explosives increased 14-fold to materials manufactured in the United placement of the name of the importer account for approximately 17 percent of States. on the explosive materials because ATF all high explosives used annually in the The petitioner, IME, submitted the does not have regulatory oversight over United States. IME further stated that third comment. IME reiterated its foreign manufacturers, particularly with while unmarked high explosives may position that imported high explosives respect to their recordkeeping practices. have entered the United States over the and blasting agents should contain the As proposed, the required marks must years, it was not until 1999 that the same identification markings prescribed be placed on each cartridge, bag, or association became aware of significant in the regulations for domestically other immediate container of explosive quantities of unmarked cast boosters manufactured explosives. IME also materials that are imported, as well as being imported into the country. IME included an attachment as part of its on any outside container used for their contended that, by the end of 1999, comment that provided responses to the packaging. This is consistent with about two million unmarked units had questions posed by ATF in the advance current requirements for domestically been distributed in the United States. notice. manufactured explosives. The proposed The petitioner further stated that many regulations also provided that the IV. Notice of Proposed Rulemaking more thousands of tons of these high required marks of identification must be explosives were expected to be On October 16, 2002, after placed on imported explosive materials imported into the United States in the consideration of the comments received within 24 hours of release from Customs near future. in response to Notice No. 906, ATF custody. Without a change in the regulations, published in the Federal Register a In addition, under the proposed IME was concerned that these notice proposing to amend the regulations, the exceptions to the explosives would enter into the regulations to require licensed importers marking requirements currently commerce of the U.S. without marks of to identify by marking all imported specified in the regulations would apply identification, posing significant safety explosive materials (Notice No. 956, 67 to imported explosive materials as well. and security risks to the public. FR 63862). ATF stated its belief that the ATF also proposed other amendments Although IME informed ATF that many proposed marking requirements would to § 555.109. ATF clarified that licensed of its member companies importing help ensure that imported explosive manufacturers must place the required explosives into the U.S. mark their materials can be effectively traced for marks of identification on the explosive

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materials at the time of manufacture. under the Federal explosives laws. These devices, for the large part, function by ATF also proposed to incorporate into Technical amendments were made with deflagration. A typical fireworks shipment the regulations the provisions of ATF respect to § 555.41 in order to be will consist of numerous different sizes and Ruling 75–35 (1975–ATF C.B. 65). This consistent with the proposed types of aerial display shells, since there is ruling authorizes any method, or little demand for a fireworks display amendment of § 555.55. consisting of only one color or effect. combination of methods, for affixing the The comment period for Notice No. required marks to the immediate 956 closed on January 14, 2003. The APA raised several concerns container of explosive materials, or V. Notice No. 956—Analysis of regarding the proposed regulations. outside containers used for the Comments and Decisions Those concerns will also be addressed packaging thereof, provided the in the following paragraphs. identifying marks are legible, show all ATF received two comments in the required information, and are not response to Notice No. 956. Trade A. Marking Explosives for rendered unreadable by extended associations, the IME (petitioner) and Manufacturer’s/Importer’s Own Use periods of storage. The ruling also the American Pyrotechnics Association The current regulations at § 555.109(a) provides that where it is desired to (APA), each submitted comments. IME provide that ‘‘[e]ach licensed utilize a coding system and omit printed stated that it represents United States manufacturer of explosive materials markings on the containers, a letterhead manufacturers of high explosives and shall legibly identify by marking all application displaying the coding to be other companies that distribute explosive materials he manufactures for used and the manner of its application explosives or provide related services. It sale or distribution.’’ The proposed must be filed by the licensed also stated that over 2.5 million metric regulations specified that licensed manufacturer with, and approved by, tons of explosives are consumed manufacturers and licensed importers the Director prior to the use of the annually in the United States of which must identify by marking all explosive proposed coding. Finally, the ruling IME member companies produce over materials they manufacture or import provides that where a manufacturer 95 percent and that the value of its for sale, distribution, ‘‘or their own operates his or her plant for only one shipments is estimated in excess of $1 use.’’ The proposed regulations also shift during the day, the shift of billion annually. In addition, the specified that permittees must identify manufacture need not be shown. Upon commenter stated that part of its by marking all explosive materials they the effective date of a final rule in this mission is ‘‘to encourage the adoption of import for their own use. IME expressed matter, ATF Ruling 75–35 would be uniform rules and regulations in the concern that the proposed regulation declared obsolete. manufacture, transportation, storage, ‘‘introduces a new requirement for B. Miscellaneous Proposals— handling, use and disposal of explosive licensees to mark explosives they will Amendment of §§ 555.55 and 555.41 materials used in blasting and other simply use, not distribute or sell.’’ The essential operations.’’ IME expressed commenter stated that it views this new Section 555.55 provides that a concerns that the proposed regulations licensee or permittee who intends to requirement as having an effect on three would require different markings for major aspects of the commercial change the class of explosive materials imported and domestically described in his or her license from a explosives industry. First, IME stated manufactured explosives. It also that manufacturers and importers make lower to a higher classification (e.g., requested clarification of some of ATF’s black powder to dynamite) must file an or import explosive raw materials that statements in the proposed rule. IME’s may not be sold or distributed, but will application on ATF Form 5400.13/ATF concerns and questions are discussed in Form 5400.16 (Application for License be used to make a finished explosive the following paragraphs. product. IME supports the marking of or Permit) with the ATF National As stated in its comment, the APA is these raw materials. In contrast, the Licensing Center. If the change in class the principal industry trade association APA argued that markings should not be of explosive materials would require a representing manufacturers, importers, required until the product is completed. change in magazines, the amended and distributors of fireworks in the It stated that many times an individual application must include a description United States. It has over 260 member firework shell may consist of different of the type of construction as prescribed companies that are responsible for 90 pyrotechnic compositions and that it in part 555. Business or operations with percent of the fireworks displayed in the would be impossible for the respect to the new class of explosive United States. The APA stated that manufacturer to document and detail materials may not be commenced before while it shares the same public safety the identification requirements for each issuance of the amended license or concerns as the petitioner (IME) for component of an individual shell. The amended permit. Finally, upon receipt initiating this rulemaking proceeding, it APA further stated that pyrotechnic of the amended license or amended believes that high explosives and low compositions are generally made by the permit, the licensee or permittee must explosives (e.g., fireworks) should be manufacturer and then incorporated submit his or her superseded license or treated differently for the purposes of into the shell. The APA is concerned superseded permit and any copies marking, recordkeeping, and tracking about the marking of component parts, furnished with the license or permit to requirements. The commenter explained and the recording of the manufacture the ATF National Licensing Center. that the commercial explosives industry and use of said products, prior to ATF proposed to remove § 555.55. differs in many ways from the fireworks assembly into the final product. The ATF believes that removing this section industry: would provide more flexibility to the APA believes that these requirements explosives industry in terms of the Products manufactured, imported and would put an undue burden on the classes of explosive materials involved distributed by the commercial explosives manufacturer who typically industry are intended to function by manufactures the pyrotechnic in their businesses, while not reducing detonation, and their products are generally the requirement to store explosive stored and shipped in bulk form. * * * the composition and incorporates it into a materials in accordance with the display fireworks industry deals in fireworks final shell the same day. The commenter regulations contained in subpart K. classed as 1.3G explosives by the Department suggests that only pyrotechnic Section 555.41 provides general of Transportation, which have traditionally compositions that will be sold by the licensing and permit requirements been deemed by ATF to be ’low explosives’. manufacturer should be marked.

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IME contended that the proposed permittees in the final rule has been retained and are available to a foreign amendment would also have an effect removed. manufacturer, cooperation of such on the manufacture of experimental manufacturers with foreign law B. Name and Address of Importer on explosives. IME stated that enforcement is often sporadic or Imported Explosives manufacturers may make experimental nonexistent. Thus, when importer’s explosives that will be used in tests. It The proposed regulations provided markings are missing, illegible, or supports marking experimental that imported explosive materials must inaccurate, ATF is frequently unable to explosives if they are transported off the be marked with the name and address trace a firearm by obtaining assistance property of the manufacturing site. (city and state) of the importer. IME from foreign firearms manufacturers. However, IME argues that experimental objected to this proposal, arguing that For this reason, ATF regulations explosives that do not leave the such a requirement ‘‘will eliminate implementing the marking requirements property of the manufacturing site nearly all off-the-shelf purchases of of the Gun Control Act of 1968 require should not be required to have any foreign-made explosives and force all importers to mark firearms with their markings. imports to be specially made or name, city, and State, so that the tracing Finally, IME stated that the proposed remarked.’’ Furthermore, IME process begins with their records, rather amendment would require contended that in most cases the cost of than those of a foreign manufacturer. manufacturers of binary explosives to manually placing the importer’s name ATF believes that reliance upon the place markings on the mixture. Like and address on off-the-shelf, foreign- markings of a foreign explosives experimental explosives, IME argued made explosives would be prohibitive. manufacturer to trace explosives will IME did not provide any cost estimates that binary explosives should only be pose the same problems as explained concerning these costs. On the other marked if they are transported off the above in relation to firearms tracing. hand, IME acknowledged ATF’s need to property of the manufacturing site. The Accordingly, consistent with regulations conduct traces of explosive materials commenter recommended that the final in 27 CFR 478.92, this rule imposes a and that ‘‘a trace may be hampered by regulations provide an exemption from requirement on importers to mark the not knowing where to start the chain-of- the marking requirements for explosives they import with the name custody trace.’’ The commenter experimental and binary explosives that and address of the importer, the location suggested that ATF require importers to are not transported off the property of of the foreign manufacturer, and the provide identifying information to it on the manufacturing site. date and shift of manufacture. imports that are not marked with the Decision name and address of the importer. If all Furthermore, an import report as Regarding the marking of imports of commercial high explosives suggested by IME would hinder ATF’s manufactured and imported explosive or blasting agents were reported to ATF ability to trace misused explosives, materials that are not sold or distributed along with the foreign manufacturer’s particularly in instances where there are but will be used to make a finished marks of identification, IME estimates multiple importers importing the same explosive product, the Department that ATF would receive these reports, products. By having the importer’s recognizes the APA’s concern and finds ‘‘at most, once a week.’’ According to name and address on the misused that the commenter has raised valid IME, ATF could file these reports and product, ATF would not have to go arguments. The Department does not reference them to find the importer through countless reports to determine believe that it is necessary to require the when needed. the identity of the importer. Creating a marking of pyrotechnic compositions tracing system for imported explosives that will be incorporated into a final Decision by establishing an ATF database of shell. Such a requirement is As noted in the proposed rule, ATF import reports as suggested by IME unreasonable and would be unduly does not have regulatory oversight over would be more burdensome for both the burdensome to the fireworks industry. foreign manufacturers, particularly with industry and ATF. Instead of requiring With respect to the marking of respect to their recordkeeping practices. the information to be placed on the experimental and binary explosives, the ATF maintains that the identity (name explosives themselves, as is currently Department believes that the arguments and address) of the importer is required for domestic explosives, such a raised by IME also have merit. The necessary to ensure that explosive system would require the completion of Department recognizes that materials can be effectively traced for forms that provide detailed information experimental and binary explosives criminal enforcement purposes. Not on imported explosives that must be tend to be manufactured or imported in only would this information be sent to ATF and maintained in a newly small quantities and used fairly quickly invaluable when conducting a trace, but created ATF database. More after manufacture. As such, the the name and address of the importer significantly, such a tracing system Department believes that the possibility may be key information located during would be inherently less reliable that the explosives may be stolen from a post-blast investigation. Such inasmuch as a mistake by an importer the site prior to use is minimal. As to markings may identify the source of the in entering the required information on binary explosives, it is not feasible and explosives used at a bomb scene and the form would make a trace difficult or serves no law enforcement purpose to may provide valuable leads to solving in some instances impossible. Requiring mark explosives manufactured and used the crime. the information to be placed on the the same day at a blasting site. In addition, ATF’s experience with explosives would ensure that accurate Accordingly, based on the concerns tracing imported firearms indicates that information is available on the source of expressed in the comments, this final relying upon the records of foreign imported explosives, just as it is today rule does not adopt the proposal to manufacturers for tracing a firearm is for domestic explosives, through require licensed manufacturers, licensed ineffective. A significant number of recovery of marked explosives or importers, and permittees to identify by countries either do not require recovery of the marked component of marking all explosives they manufacture manufacturers of firearms to retain the explosives at a crime scene. ATF or import for their own use. Since records of production or require record believes that the ability to trace should permittees only import explosives for retention for an insufficient period of be just as robust for imported explosives their own use, the reference to time. Even where such records are as it is for domestic explosives.

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The Department recognizes that this explosives more quickly, by asking the requirement, it does not support the requirement will add some additional importer to locate records only for that proposed timetable for compliance. The costs to imported explosives that are not particular product manufactured by a commenter reiterated its position properly marked during the particular foreign manufacturer. In regarding the unique circumstances manufacturing process. However, IME’s addition, Customs entry documents and involving the fireworks industry and comments indicate this would likely be databases list the country of requested that additional time be a very small percentage of the market. manufacture. In the event that ATF uses provided for marking imported ATF’s experience since 1971 indicates Customs information to determine when explosives released from Customs that most imported explosives are a particular explosives product entered custody. The APA provided the manufactured specifically for a the United States, the name of the following justification for requesting particular domestic importer pursuant country of manufacture and name of the additional time to mark imported to a particular contract, rather than manufacturer would greatly assist in explosives: importers buying from a ‘‘spot market’’ identifying the shipment. As previously Many shipments do not leave the port within of already existing foreign products. described, this information on the 24 hours of customs clearance, let alone get ATF has no specific information explosives may also provide valuable unloaded or checked for labeling. It would be concerning the ‘‘spot market’’ in foreign leads during a post blast investigation. impossible to label each case of fireworks on explosives referenced in IME comments. In addition, this requirement is similar a container within a 24 hour time period, If such a ‘‘spot market’’ exists, importers to country of origin markings required especially when some companies receive can require that the explosives from that under the Customs laws in 19 U.S.C. multiple container loads per shipment. Thus, market be marked properly in the 1304. Accordingly, this final rule to require individual aerial shells (possibly foreign country prior to shipment in requires that imported explosives be thousands) to be labeled within a 24 hour order to reduce the need to mark the marked with the location (city and time period is not feasible nor in the interest of public safety. explosives when they arrive in the country) where the explosive materials United States. Explosives that arrive in were manufactured, which is consistent Decision the United States unmarked may be with the way domestically marked at a safe location by the manufactured explosives are marked, While the Department shares IME’s importer after the explosives are and with markings required for concern regarding the risk of theft of released from Customs custody. In any imported firearms under 27 CFR 478.92. imported explosives released from event, ATF believes that the potential D. Marking Imported Explosives Within Customs custody without the proper costs incurred, approximately 1 cent per 24 Hours of Release From Customs identification markings, it disagrees pound according to IME, for this small Custody with IME’s suggestion that ATF should category of imported explosives are require imported explosives to be outweighed by the law enforcement The proposed regulations specified properly marked prior to the time of need to ensure the adequate ability to that imported explosive materials must importation. The Department believes trace explosives. Accordingly, this final be marked within 24 hours of the date that such a requirement would be overly rule adopts the amendment as proposed. of release from Customs custody if such restrictive and unduly burdensome for explosive materials did not bear the C. Location of Manufacturer on importers, particularly small importers. required markings at the time of their Small importers may not have the Imported Explosives release. IME stated that this requirement financial means to have a run of The proposed regulations provided is impractical for several reasons. First, explosives manufactured bearing their that imported explosive materials must the commenter noted that most ports of name and address. However, based on be marked with the location (city and entry do not have locations where the the comments, the Department country) where the explosives were imported explosives could be safely recognizes that the proposed manufactured. IME objected to this marked and it will often take more than requirement to mark imported proposal, arguing that it is unable to see 24 hours for the explosives to reach a explosives within 24 hours of release the value of such a requirement, safe location for marking. Second, IME from Customs custody may be overly ‘‘especially since ATF claims it ‘has no stated that even if there were a safe restrictive and impractical, particularly regulatory oversight over foreign location near the port, most shipments with respect to importers who are manufacturers.’’’ could not be marked in 24 hours. Finally, and according to IME most geographically distant from the point of Decision importantly, ‘‘any grace period exposes importation. While the Department acknowledges unmarked explosives to the risk of theft Accordingly, this final rule provides that ATF does not have regulatory and degrades the effectiveness of the that licensed importers must place the oversight over foreign manufacturers, it primary intent of the marking required marks on all explosive does have authority over licensed requirement.’’ Because of this last materials imported prior to distribution importers of explosive materials. The concern, IME suggested that ATF or shipment for use, and in no event placement of the identifying marks require imported explosives to be later than 15 days after the date of required by this rule, including the properly marked prior to entry into the release from Customs custody. The location of the manufacturer, will United States, noting that ‘‘[t]his is Department believes that this is a enable ATF to better trace misused consistent with the NPRM’s requirement sufficient amount of time for imported materials by narrowing the search that domestic manufacturers place the explosives to be marked without posing through the importer’s records and markings on explosives ‘at the time of unnecessary and significant safety and through Customs documents. It is not manufacture.’’’ The commenter further security risks to the public. uncommon for importers to bring the stated that ‘‘[t]here should be no Furthermore, this is consistent with the same product into the United States concessions made to the security of marking requirements for imported from a number of foreign sources. Thus, imported explosives.’’ firearms under 27 CFR 478.112(d). In by requiring markings that include the The APA stated that while the the event additional time is needed to name and location of the foreign fireworks industry generally supports mark the imported explosives, the manufacturer, ATF will be able to trace the proposed importer identification importer can request a variance

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pursuant to the provisions of 27 CFR § 555.109, a letterhead application code. The APA stated that fireworks 555.22. displaying the coding to be used and package displays often contain shells of Additionally, the Department points manner of its application must be filed numerous sizes, colors and date/shift out that 27 CFR 555.214(b) requires that with and approved by the Director. This codes and that to track shells by date/ ‘‘containers of explosive materials are to provision of the ruling was incorporated shift code would pose an undue and be stored so that marks are visible.’’ into the proposed regulations. In unnecessary recordkeeping burden on Therefore, all containers of explosive response to IME’s request that ATF industry members. The APA suggested materials placed in storage must have clarify when coding systems are that records of production and proper marks of identification on the permissible, licensees using IME’s distribution for display fireworks immediate outside containers. The coding system or a bar code system should only show the number and size marking of individual internal packages must file with ATF a letterhead of the aerial shells. The commenter’s may occur within the 15-day period application displaying the coding that suggestion is based on its belief that specified in the regulations. they plan to use and explaining the there is a low occurrence of display manner of its application. The Director fireworks used in criminal activity and E. Director Approved Coding System must approve the application before the that most likely the criminal would As proposed, 27 CFR 555.109(c)(4) proposed coding can be used. Without transfer the explosive material from the reads as follows: an explanation as to the meaning of the shell to another container. Furthermore, If licensed manufacturers, licensed importers coding system, the information would the APA suggested that ATF require all or permittees importing explosive materials be meaningless and ATF would be shipping cartons of display fireworks to desire to use a coding system and omit unable to trace products marked with be marked with the name of the printed markings on the container, they must such a system. In addition, the manufacturer or distributor and the date file with ATF a letterhead application Department notes that IME’s current that the fireworks were shipped. displaying the coding that they plan to use coding system fails to provide the name and explaining the manner of its application. Decision of the manufacturer, and is not The Director must approve the application It is the Department’s decision that before the proposed coding can be used. consistent with regulations in 27 CFR 555.109. Without the name of the failure to incorporate the date/shift code IME stated that it is not entirely clear manufacturer, or, in the case of in the acquisition and disposition under what conditions a manufacturer imported explosives, the name of the records would hinder the effectiveness or importer must seek the Director’s importer, ATF does not have sufficient and purpose of placing the markings on approval for markings and it suggested information to trace explosives. If each individual shell. A shell could be that ATF ‘‘clarify exactly what industry members seek and obtain traced to the manufacturer or importer conditions invoke the need for the approved variances, ATF will have but it would be difficult or impossible Director’s approval of coding systems.’’ information to decode markings, to trace the shell any further if the IME stated that in 1971 its member determine the actual manufacturer or records only contained type and count companies implemented a product importer, and begin the tracing process. information. The date/shift code is identification system for packaged In the event that IME members or other essential in narrowing the records explosives manufactured in the United members of the explosives industry are search to the appropriate time period. States. The coding system utilizes a utilizing coding systems to mark Manufacturers and importers series of alpha and numeric characters domestic products, and such members manufacture and import thousands of to indicate the date, work shift, and do not have written approval from ATF the same type of product, so that location of the manufacturer. It does not to use such markings, the member marking with the date of shipment alone indicate the name of the manufacturer. should immediately apply for an will not narrow the records search to As an example, IME stated that a alternate method or procedure pursuant locate a particular explosive within a product manufactured on September 30, to 27 CFR 555.109. reasonable time period. When 1997, during the first shift at a plant that Accordingly, this final rule clarifies explosives are used in a criminal the manufacturer has assigned the letter that if licensed manufacturers or incident, time is of the essence. Undue ‘‘A’’ would be ‘‘30SE97A1.’’ IME asked licensed importers desire to use a delay in identifying the record of if each licensee or permittee using the coding system and omit printed acquisition and disposition for a standard IME coding system would markings on the container that show all particular explosive product can need the Director’s approval. IME also the required information specified in interfere in investigating bombings and asked if a licensee or permittee using a the regulations, they must file with ATF other criminal incidents using bar code system would need the a letterhead application displaying the explosives. Placing a code of sorts in the Director’s approval. coding that they plan to use and shipping carton could offer some explaining the manner of its assistance, but would not be effective in Decision application. The Director must approve instances where the shells are no longer The current regulations specify that the application before the proposed in their shipping cartons. Accordingly, licensed manufacturers must place coding can be used. the Department is not adopting the certain marks of identification on APA’s suggestion. explosive materials they manufacture. F. Tracking the Acquisition and The required marks of identification Disposition of Explosives by Date/Shift G. Computerized Systems for Tracking include the name of the manufacturer Code Explosives and the location, date, and shift of The APA expressed concern involving Another concern of the APA relates to manufacture. This information must be the required tracking of acquisition and computerized systems for tracking legible, identifiable, and disposition of explosive materials by explosive materials. The APA stated understandable. ATF Ruling 75–35 date/shift code. In general, the APA that it is aware that some companies are provides, in part, that where it is agrees with the proposed markings for currently using, or looking into the desired to utilize a coding system and each individual aerial shell. It expressed implementation of, systems that use bar omit printed markings on the container, concern, however, with tracking the coding to identify and track their i.e., stating the information required by distribution of shells by the date/shift products. The commenter believes that

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this technology will continue to expand has determined that this rule is a to warrant the preparation of a in use in the fireworks industry and that ‘‘significant regulatory action’’ under federalism summary impact statement. significantly greater control over the Executive Order 12866, section 3(f), C. Executive Order 12988 tracking of individual items should Regulatory Planning and Review, and become economically feasible within a accordingly this rule has been reviewed This regulation meets the applicable few years. In the interim, the APA urged by the Office of Management and standards set forth in sections 3(a) and ATF to adopt regulations or policies that Budget. However, this rule will not have 3(b)(2) of Executive Order 12988. permit new methods of recordkeeping an annual effect on the economy of $100 D. Regulatory Flexibility Act (including the use of computerized million, nor will it adversely affect in a systems) to be implemented by material way the economy, a sector of The Regulatory Flexibility Act (5 companies without the need to apply for the economy, productivity, competition, U.S.C. 605(b)) requires an agency to variances. jobs, the environment, public health, or conduct a regulatory flexibility analysis safety, or State, local or tribal of any rule subject to notice and Decision governments or communities. comment rulemaking requirements The Department believes that the APA Accordingly, this rule is not an unless the agency certifies that the rule has raised a valid concern with respect ‘‘economically significant’’ rulemaking will not have a significant economic to the use of computerized systems for as defined by Executive Order 12866. impact on a substantial number of small tracking explosives. This issue is being Further, the Department has assessed entities. Small entities include small addressed in another rulemaking both the costs and benefits of this rule businesses, small not-for-profit proceeding (see Notice No. 968, January as required by Executive Order 12866, enterprises, and small governmental 29, 2003; 68 FR 4406). Until this section 1(b)(6), and has made a reasoned jurisdictions. The Attorney General has rulemaking is completed, industry determination that the benefits of this reviewed this regulation and, by members may seek written regulation justify its costs. The approving it, certifies that this rule will authorization from ATF to use Department believes that the costs not have a significant economic impact computerized recordkeeping systems associated with compliance with the on a substantial number of small that utilize bar coding or other final regulations are minimal. entities. Most U.S. importers should not computerized systems to streamline the Comments received in response to the be significantly affected by the final process. As stated above, the use of ANPRM and the notice of proposed regulations because the foreign- coded marking requirements may also rulemaking indicate that in all manufactured explosives they import be approved through the variance likelihood the foreign manufacturer, will already be marked in accordance process, and can be used in conjunction rather than the U.S. importer, will place with the provisions of 27 CFR 555.109. with a computerized recordkeeping the required marks on explosives that ATF estimates that a very small system. The Department believes that are imported into the United States. percentage (one percent) of the the use of computerized recordkeeping However, some importers may not approximately 413 Federally licensed systems will not negate the need to have the financial means to have a run importers will need to mark imported maintain the date shift codes in the of explosives manufactured bearing explosives. In general, the IME stated records. their name and address. ATF estimates that marking costs are less than that a very small percentage (one approximately one percent of the Miscellaneous Amendments percent) of the approximately 413 product cost, ranging from $.002/lb. to Section 555.52 provides for Federally licensed importers will need $.01/lb. ATF estimates that limitations on permits and licenses in to mark imported explosives. In general, approximately five percent of imported respect to business activity or permitted the IME stated that marking costs are explosives would need to be marked. To operations and specified class of less than approximately one percent of illustrate, according to the U.S. Census explosives materials allowed. A the product cost, ranging from $.002/lb. Bureau, approximately 155,240,707 technical amendment is being made in to $.01/lb. ATF estimates that pounds of explosives were imported this final rule with respect to § 555.52 approximately five percent of imported into the United States in 2003. Based on in order to be consistent with the explosives would need to be marked. To IME’s information, the marking costs amendments made in §§ 555.55 and illustrate, according to the U.S. Census associated with 7,762,035 pounds of 555.41, which are also being adopted as Bureau, approximately 155,240,707 imported explosives (five percent of proposed. pounds of explosives were imported 155,240,707 pounds) would range from VI. ATF Ruling 75–35 into the United States in 2003. Based on approximately $15,524 to $77,620. IME’s information, the marking costs Accordingly, a regulatory flexibility This final rule incorporates the associated with 7,762,035 pounds of analysis is not required. provisions of ATF Ruling 75–35 (1975– imported explosives (five percent of E. Small Business Regulatory ATF C.B. 65), relating to methods of 155,240,707 pounds) would range from marking containers of explosive Enforcement Fairness Act of 1996 approximately $15,524 to $77,620. materials. Accordingly, the provisions This rule is not a major rule as of ATF Ruling 75–35 become obsolete B. Executive Order 13132 defined by section 251 of the Small upon the effective date of this final rule. This regulation will not have Business Regulatory Enforcement How This Document Complies With the substantial direct effects on the States, Fairness Act of 1996, 5 U.S.C. 804. This Federal Administrative Requirements on the relationship between the rule will not result in an annual effect for Rulemaking National Government and the States, or on the economy of $100 million or on the distribution of power and more; a major increase in costs or prices; A. Executive Order 12866 responsibilities among the various or significant adverse effects on This rule has been drafted and levels of government. Therefore, in competition, employment, investment, reviewed in accordance with Executive accordance with section 6 of Executive innovation, or on the ability of United Order 12866, ‘‘Regulatory Planning and Order 13132, the Attorney General has States-based companies to compete with Review,’’ section 1(b), Principles of determined that this regulation does not foreign-based companies in domestic Regulation. The Department of Justice have sufficient federalism implications and export markets.

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F. Unfunded Mandates Reform Act of Services; Bureau of Alcohol, Tobacco, (ii) The location, date, and shift of 1995 Firearms, and Explosives. manufacture. Where a manufacturer operates his plant for only one shift This rule will not result in the List of Subjects in 27 CFR Part 555 expenditure by State, local, and tribal during the day, he does not need to governments, in the aggregate, or by the Administrative practice and show the shift of manufacture. private sector of $100 million or more procedure, Authority delegations, (2) Licensed importers. (i) Licensed in any one year, and it will not Customs duties and inspection, importers who import explosive significantly or uniquely affect small Explosives, Hazardous materials, materials for sale or distribution must governments. Therefore, no actions were Imports, Penalties, Reporting and place the following marks of deemed necessary under the provisions recordkeeping requirements, Safety, identification on the explosive materials of the Unfunded Mandates Reform Act Security measures, Seizures and they import: of 1995. forfeitures, Transportation, and (A) The name and address (city and Warehouses. state) of the importer; and G. Paperwork Reduction Act (B) The location (city and country) Authority and Issuance The collections of information where the explosive materials were contained in this final regulation have I Accordingly, for the reasons discussed manufactured, date, and shift of been reviewed and approved by the in the preamble, 27 CFR Part 555 is manufacture. Where the foreign Office of Management and Budget in amended as follows: manufacturer operates his plant for only accordance with the requirements of the one shift during the day, he does not Paperwork Reduction Act (44 U.S.C. PART 555—COMMERCE IN need to show the shift of manufacture. 3507(d)) under control number 1140– EXPLOSIVES (ii) Licensed importers must place the required marks on all explosive 0055. An agency may not conduct or I 1. The authority citation for 27 CFR materials imported prior to distribution sponsor, and a person is not required to Part 555 continues to read as follows: respond to, a collection of information or shipment for use, and in no event unless it displays a valid control Authority: 18 U.S.C. 847. later than 15 days after the date of release from Customs custody. number assigned by the Office of § 555.41 [Amended] Management and Budget. (c) General requirements. (1) The The collections of information in this I 2. Section 555.41 is amended by required marks prescribed in this regulation are in 27 CFR 555.109(b)(2). removing ‘‘of the class authorized by this section must be permanent and legible. This information is required to properly permit’’ at the end of the second sentence (2) The required marks prescribed in identify imported explosive materials. in paragraphs (a)(3) and (b)(3)(ii). this section must be in the English language, using Roman letters and The collections of information are § 555.52 [Amended] mandatory. The likely respondents are Arabic numerals. businesses. I 3. Section 555.52 is amended by (3) Licensed manufacturers and The estimated average annual burden removing the phrase ‘‘and class (as licensed importers must place the associated with the collections of described in § 555.202)’’ in paragraphs required marks on each cartridge, bag, information in this final rule is 46 (a) and (b). or other immediate container of explosive materials that they hours. § 555.55 [Removed] Comments concerning the accuracy of manufacture or import, as well as on this burden estimate and suggestions for I 4. Subpart D is amended by removing any outside container used for the reducing this burden should be directed § 555.55. packaging of such explosive materials. to the Chief, Document Services Branch, I 5. Section 555.108 is amended by (4) Licensed manufacturers and Room 3110, Bureau of Alcohol, adding a new paragraph (e) to read as licensed importers may use any method, Tobacco, Firearms, and Explosives, 650 follows: or combination of methods, to affix the Massachusetts Avenue, NW., required marks to the immediate Washington, DC 20226, and to the § 555.108 Importation. container of explosive materials, or Office of Management and Budget, * * * * * outside containers used for the Attention: Desk Officer for the (e) For requirements relating to the packaging thereof, provided the Department of Justice, Bureau of marking of imported explosive identifying marks are legible, Alcohol, Tobacco, Firearms, and materials, see § 555.109. permanent, show all the required Explosives, Office of Information and I 6. Subpart F is amended by revising information, and are not rendered Regulatory Affairs, Washington, DC § 555.109 and by adding a parenthetical unreadable by extended periods of 20503. text at the end of the section to read as storage. follows: (5) If licensed manufacturers or Disclosure licensed importers desire to use a Copies of the notice of proposed § 555.109 Identification of explosive coding system and omit printed rulemaking (NPRM), all comments materials. markings on the container that show all received in response to the NPRM, and (a) General. Explosive materials, the required information specified in this final rule will be available for whether manufactured in the United paragraphs (b)(1) and (2) of this section, public inspection by appointment States or imported, must contain certain they must file with ATF a letterhead during normal business hours at: ATF marks of identification. application displaying the coding that Reference Library, Room 6480, 650 (b) Required marks. (1) Licensed they plan to use and explaining the Massachusetts Avenue, NW., manufacturers. Licensed manufacturers manner of its application. The Director Washington, DC 20226, telephone (202) who manufacture explosive materials must approve the application before the 927–7890. for sale or distribution must place the proposed coding can be used. following marks of identification on (d) Exceptions. (1) Blasting caps. Drafting Information explosive materials at the time of Licensed manufacturers or licensed The author of this document is James manufacture: importers are only required to place the P. Ficaretta; Enforcement Programs and (i) The name of the manufacturer; and identification marks prescribed in this

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section on the containers used for the Regulatory Information traffic is limited. Moreover, vessels may packaging of blasting caps. We did not publish a notice of enter the zone with the express (2) Alternate means of identification. proposed rulemaking (NPRM) for this permission of the Captain of the Port The Director may authorize other means regulation. Under 5 U.S.C. 553(b)(B), the Tampa or designated representative. of identifying explosive materials, Coast Guard finds that good cause exists Small Entities including fireworks, upon receipt of a for not publishing an NPRM. The letter application from the licensed necessary details for the final date of the Under the Regulatory Flexibility Act manufacturer or licensed importer fireworks demonstration and the (5 U.S.C. 601–612), we have considered showing that such other identification is location of the safety zone surrounding whether this rule would have a reasonable and will not hinder the it were not provided with sufficient significant economic impact on a effective administration of this part. time remaining to publish an NPRM. substantial number of small entities. (Paragraph (b)(2) approved by the Office of Publishing an NPRM and delaying its The term ‘‘small entities’’ comprises Management and Budget under control effective date would be contrary to the small businesses, not-for-profit number 1140–0055) public interest since immediate action is organizations that are independently Dated: May 19, 2005. needed to minimize potential danger to owned and operated and are not dominant in their fields, and Alberto R. Gonzales, the public during the fireworks demonstration. The Coast Guard will governmental jurisdictions with Attorney General. issue a broadcast notice to mariners to populations of less than 50,000. [FR Doc. 05–10618 Filed 5–26–05; 8:45 am] advise mariners of the restriction. The Coast Guard certifies under 5 BILLING CODE 4410–FY–P For the same reasons, under 5 U.S.C. U.S.C. 605(b) that this rule will not have 553(d)(3), the Coast Guard finds that a significant economic impact on a good cause exists for making this rule substantial number of small entities. DEPARTMENT OF HOMELAND effective less than 30 days after This rule will affect the following SECURITY publication in the Federal Register. entities, some of which may be small Background and Purpose entities: The owners or operators of Coast Guard vessels intending to transit Sparkman Downtown Tampa Attractions Channel, Garrison Channel (east of the 33 CFR Part 165 Association is scheduled to conduct a Beneficial Bridge), Ybor Turning Basin, fireworks display on May 29, 2005, in and Ybor Channel from 8:30 p.m. until [COTP TAMPA 05–062] Tampa Bay, Florida. This safety zone is 9:20 p.m. on May 29, 2005. This safety being established to ensure the safety of zone will not have a significant RIN 1625–AA00 life during the event, as the public is economic impact on a substantial invited to attend the fireworks display, number of small entities for the Safety Zone; Tampa Bay, FL and falling debris may present a danger following reasons. This rule will be in to life and property. AGENCY: Coast Guard, DHS. effect for only 50 minutes late in the ACTION: Temporary final rule. Discussion of Rule evening when vessel traffic is extremely low. Additionally, traffic will be The safety zone encompasses the SUMMARY: The Coast Guard is following waters within Tampa Bay: allowed to enter the zone with the establishing a temporary safety zone on Sparkman Channel, Garrison Channel permission of the Coast Guard Captain the waters within Tampa Bay, Florida, (east of the Beneficial Bridge), Ybor of the Port Tampa or designated including Sparkman Channel, Garrison Turning Basin, and Ybor Channel. representative. Channel (east of the Beneficial Bridge), Vessels are prohibited from anchoring, Assistance for Small Entities Ybor Turning Basin, and Ybor Channel. mooring, or transiting within this zone, The safety zone is needed to ensure the unless authorized by the Captain of the Under section 213(a) of the Small safety of all mariners from hazards Port Tampa or designated Business Regulatory Enforcement associated with a fireworks display. representative. The zone is effective Fairness Act of 1996 (Pub. L. 104–121), Entry into this zone is prohibited to all from 8:30 p.m. until 9:20 p.m. on May we offer to assist small entities in vessels and persons without the prior 29, 2005. understanding the rule so that they can permission of the Coast Guard Captain better evaluate its effects on them and of the Port Tampa or designated Regulatory Evaluation participate in the rulemaking process. representative. This rule is not a ‘‘significant Small entities may contact the person listed under FOR FURTHER INFORMATION DATES: This rule is effective from 8:30 regulatory action’’ under section 3(f) of CONTACT for assistance in understanding p.m. until 9:20 p.m. on May 29, 2005. Executive Order 12866, Regulatory Planning and Review, and does not and participating in this rulemaking. ADDRESSES: Documents indicated in this require an assessment of potential costs Small Businesses may send comments preamble as being available in the and benefits under section 6(a)(3) of that on the actions of Federal employees docket are part of docket [COTP Order. The Office of Management and who enforce, or otherwise determine TAMPA 05–062] and are available for Budget has not reviewed it under that compliance with, Federal regulations to inspection or copying at Marine Safety Order. It is not ‘‘significant’’ under the the Small Business and Agriculture Office Tampa, 155 Columbia Drive, regulatory policies and procedures of Regulatory Enforcement Ombudsman Tampa, Florida 33606–3598 between the Department of Homeland Security and the Regional Small Business 7:30 a.m. and 4 p.m., Monday through (DHS). The Coast Guard expects the Regulatory Fairness Boards. The Friday, except Federal holidays. impact of this rule to be so minimal that Ombudsman evaluates these actions FOR FURTHER INFORMATION CONTACT: a full Regulatory Evaluation under the annually and rates each agency’s Lieutenant Junior Grade Jennifer regulatory policies and procedures of responsiveness to small business. If you Andrew at Marine Safety Office Tampa DHS is unnecessary, because the safety wish to comment on actions by (813) 228–2191 Ext. 8203. zone will be in effect for only 50 employees of the Coast Guard, call 1– SUPPLEMENTARY INFORMATION: minuets during a time when vessel 888–REG–FAIR (1–888–734–3247).

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Collection of Information responsibilities between the Federal List of Subjects in 33 CFR Part 165 Government and Indian tribes. This rule calls for no new collection Harbors, Marine safety, Navigation of information under the Paperwork Energy Effects (water), Reporting and recordkeeping Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under requirements, Security measures, 3520). Executive Order 13211, Actions Waterways. I Federalism Concerning Regulations that For the reasons discussed in the Significantly Affect Energy Supply, preamble, the Coast Guard amends 33 A rule has implications for federalism Distribution, or Use. We have CFR part 165 as follows: under Executive Order 13132, determined that it is not a ‘‘significant PART 165—REGULATED NAVIGATION Federalism, if it has a substantial direct energy action’’ under that Order, effect on State or local governments and because it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS would either preempt State law or regulatory action’’ under Executive I 1. The authority citation for part 165 impose a substantial direct cost of Order 12866 and is not likely to have a continues to read as follows: compliance on them. We have analyzed significant adverse effect on the supply, this rule under that Order and have Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. distribution, or use of energy. The Chapter 701; 50 U.S.C. 191, 195; 33 CFR determined that it does not have Administrator of the Office of implications for federalism. 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Information and Regulatory Affairs has 107–295, 116 Stat. 2064; Department of Unfunded Mandates Reform Act not designated it as a significant energy Homeland Security Delegation No. 0170.1. action. Therefore, it does not require a I 2. Add § 165.T07–147 to read as The Unfunded Mandates Reform Act Statement of Energy Effects under follows: of 1995 (2 U.S.C. 1531–1538) requires Executive Order 13211. Federal agencies to assess the effects of Technical Standards § 165.T07–147 Safety Zone; Tampa Bay, their discretionary regulatory actions. In Florida. particular, the Act addresses actions The National Technology Transfer (a) Regulated area. The following area that may result in the expenditure by a and Advancement Act (NTTAA) (15 is a safety zone: The waters of Garrison State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use Channel east of an imaginary line aggregate, or by the private sector of voluntary consensus standards in their connecting point 1: 27°56′32″ N, $100,000,000 or more in any one year. regulatory activities unless the agency 082°27′58″ W; south to point 2: Though this rule will not result in such provides Congress, through the Office of 27°56′27″ N, 082°27′58″ W; and an expenditure, we do discuss the Management and Budget, with an including Ybor Turning Basin, Ybor effects of this rule elsewhere in this explanation of why using these Channel, and all waters in Sparkman preamble. standards would be inconsistent with Channel north of an imaginary line Taking of Private Property applicable law or otherwise impractical. connecting point 3: 27°55′32″ N, Voluntary consensus standards are 082°26′55″ W, east to point 4: 27°55′32″ This rule will not effect a taking of technical standards (e.g., specifications N, 082°26′47″ W. private property or otherwise have of materials, performance, design, or (b) Regulations. In accordance with taking implications under Executive operation; test methods; sampling the general regulations in § 165.23 of Order 12630, Governmental Actions and procedures; and related management this part, entry into this zone is Interference with Constitutionally systems practices) that are developed or prohibited to all vessels and persons Protected Property Rights. adopted by voluntary consensus without the prior permission of the Civil Justice Reform standards bodies. Coast Guard Captain of the Port Tampa This rule does not use technical or designated representative. This rule meets applicable standards standards. Therefore, we did not (c) Date. This rule is effective from in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus 8:30 p.m. until 9:20 p.m. on May 29, Order 12988, Civil Justice Reform, to standards. 2005. minimize litigation, eliminate ambiguity, and reduce burden. Environment Dated: May 11, 2005. We have analyzed this rule under J.M. Farley, Protection of Children Commandant Instruction M16475.lD, Captain, U.S. Coast Guard, Captain of the We have analyzed this rule under which guides the Coast Guard in Port, Tampa, Florida. Executive Order 13045, Protection of complying with the National [FR Doc. 05–10588 Filed 5–26–05; 8:45 am] Children from Environmental Health Environmental Policy Act of 1969 BILLING CODE 4910–15–P Risks and Safety Risks. This rule is not (NEPA) (42 U.S.C. 4321–4370f), and an economically significant rule and have concluded that there are no factors does not create an environmental risk to in this case that would limit the use of DEPARTMENT OF HOMELAND health or risk to safety that may a categorical exclusion under section SECURITY disproportionately affect children. 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under Coast Guard Indian Tribal Governments figure 2–1, paragraph (34)(g), of the This rule does not have tribal Instruction, from further environmental 33 CFR Part 165 implications under Executive Order documentation. This rule is a safety [CGD01–05–050] 13175, Consultation and Coordination zone and therefore fits the category with Indian Tribal Governments, described in paragraph (34)(g). Under RIN 1625–AA00 because it does not have a substantial figure 2–1, paragraph (34)(g), of the Safety Zone; Wantagh Parkway 3 direct effect on one or more Indian Instruction, an ‘‘Environmental Analysis Bridge Over the Sloop Channel, Town tribes, on the relationship between the Check List’’ and a ‘‘Categorical of Hempstead, NY Federal Government and Indian tribes, Exclusion Determination’’ are not or on the distribution of power and required for this rule. AGENCY: Coast Guard, DHS.

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ACTION: Temporary final rule; change in of Hempstead, Nassau County, Long Sloop Channel. Contractors began work effective period. Island, New York. In 2003, the Coast constructing the two-bascule piers for Guard approved bridge construction and the new bridge in early June 2004. The SUMMARY: The Coast Guard is extending issued a permit for bridge construction equipment necessary for the the effective period of a safety zone in for the Wantagh Parkway Number 3 construction of the bridge occupies the the waters surrounding the Wantagh Bridge over the Sloop Channel. entire navigable channel. While there Parkway Number 3 Bridge across the Contractors began work constructing the are side channels, which can be Sloop Channel in Town of Hempstead, two bascule piers for the new bridge in navigated, the equipment in the channel New York. This change will extend the early June 2004. A safety zone was not is extensive and poses a hazard to effective period of the temporary final deemed necessary at the inception of recreational vessels attempting to transit rule until December 31, 2005, allowing the construction, as this channel is the waterway via the side channels time for the completion of the bascule primarily used by smaller recreational under the bridge. Construction, bridge being constructed over the Sloop vessels, which could maneuver outside requiring equipment in the navigable Channel. This rule will continue to of the channel. However, bridge channel, was originally scheduled to prevent vessels from transiting the construction equipment that remains end on December 31, 2004. A second Sloop Channel within 300 yards of the under the Wantagh Parkway Number 3 safety zone was established until May Wantagh Parkway Number 3 Bridge and Bridge poses a potential hazard greater 31, 2005 after the Coast Guard was continues to be necessary in order to than originally anticipated. A safety notified that the project had protect vessels transiting in the area zone was deemed necessary and was experienced delays in construction. from hazards imposed by construction established on October 9, 2004 through Significant additional delays in barges and equipment. Entry into this December 31, 2004, the date when construction require this equipment to zone is prohibited unless authorized by construction impacting the navigable occupy the navigable channel until the Captain of the Port Long Island channel was estimated to be complete. December 31, 2005. To ensure the Sound, New Haven, Connecticut. A second safety zone was implemented continued safety of the boating DATES: The extended period of from January 1, 2005 until May 31, community, the Coast Guard is § 165.T01–155 is effective from 12 a.m. 2005, after the New York State extending the safety zone in place in all on June 1, 2005 until 11:59 p.m. on Department of Transportation advised waters of the Sloop Channel within 300 December 31, 2005. the Coast Guard that construction of the yards of the bridge. This safety zone is ADDRESSES: Documents indicated in this Wantagh Parkway Number 3 Bridge was necessary to protect the safety of the preamble as being available in the experiencing delays, requiring boating community who wish to utilize docket are part of docket CGD01–05– equipment to be in the channel in a the Sloop Channel. Marine traffic may 050 and will be available for inspection manner that would leave the waterway transit safely outside of the safety zone or copying at Group/MSO Long Island unsafe to marine traffic until May 31, during the effective dates of the safety Sound, New Haven, CT, between 9 a.m. 2005. In a letter dated April 8, 2005, the zone, allowing navigation in the Sloop and 3 p.m., Monday through Friday, New York State Department of Channel, except the portion delineated except Federal holidays. Transportation (NYSDOT) again by this rule. requested an extension of the safety FOR FURTHER INFORMATION CONTACT: zone surrounding in the Sloop Channel Discussion of Rule Lieutenant A. Logman, Chief, until December 31, 2005. The contractor This regulation extends the effective Waterways Management Division, Coast for this project has experienced Guard Group/Marine Safety Office Long period of a temporary safety zone on the significant delays in bridge waters of the Sloop Channel within 300- Island Sound at (203) 468–4429. construction. In order to continue yards of the Wantagh Parkway Bridge. SUPPLEMENTARY INFORMATION: construction in a more rapid and safe This action is intended to prohibit manner, barges will need to Regulatory History vessel traffic in a portion of the Sloop continuously block the channel under Channel in the Town of Hempstead, On January 12, 2005 we published a the bridge. temporary final rule (TFR entitled The delay inherent in the NPRM New York to provide for the safety of ‘‘Safety Zone: Wantagh Parkway 3 process is contrary to the public interest the boating community due to the Bridge Over the Sloop Channel, Town of and impracticable, because immediate hazards posed by significant Hempstead, NY’’ in the Federal Register action is needed to extend this safety construction equipment and barges (70 FR 2017). The effective period for zone to continue to prevent accidents by located in the waterway for the this rule was from 12:01 a.m. on January vessels transiting the area with the construction of a new bascule bridge. 1, 2005 until 11:59 p.m. on May 31, construction equipment. This is acutely The safety zone is being extended until 2005. We did not publish a notice of necessary during the summer months, 11:59 p.m. on December 31, 2005. proposed rulemaking (NPRM) for this when recreational traffic will Marine traffic may continue to transit regulation. Under 5 U.S.C. 553(b)(3) and significantly increase in this area. safely outside of the safety zone during 553 (d)(3) the Coast Guard finds that the effective dates of the safety zone, good cause exists for not publishing an Background and Purpose allowing navigation in the Sloop NPRM and for making this regulation Currently, there is a fixed bridge, the Channel, except the portion delineated effective less than 30 days after Federal Wantagh Parkway Number 3 Bridge over by this rule. Vessels may utilize the Register publication. the Sloop Channel in the Town of Goose Neck Channel as an alternative Any delay encountered in this Hempstead, New York. New York route to using the Sloop Channel, regulation’s effective date would be Department of Transportation adding minimal additional transit time. impracticable and contrary to public determined that a moveable bridge Entry into this zone is prohibited unless interest since immediate action is would benefit the boating community. authorized by the Captain of the Port, needed to restrict and control maritime In 2003, the Coast Guard approved Long Island Sound. traffic transiting in the vicinity of the bridge construction and issued a permit Any violation of the safety zone Sloop Channel under the Wantagh for bridge construction for the Wantagh described herein is punishable by, Parkway Number 3 Bridge in the Town Parkway Number 3 Bridge over the among others, civil and criminal

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penalties, in rem liability against the Fairness Act of 1996 [Pub. L. 104–121], Civil Justice Reform offending vessel, and license sanctions. the Coast Guard wants to assist small This rule meets applicable standards entities in understanding this rule so Regulatory Evaluation in sections 3(a) and 3(b)(2) of Executive that they can better evaluate its effects Order 12988, Civil Justice Reform, to This rule is not a ‘‘significant on them and participate in the minimize litigation, eliminate regulatory action’’ under section 3(f) of rulemaking. If this rule will affect your ambiguity, and reduce burden. Executive Order 12866, Regulatory small business, organization, or Planning and Review, and does not governmental jurisdiction and you have Protection of Children require an assessment of potential costs questions concerning its provisions or We have analyzed this rule under and benefits under section 6(a)(3) of that options for compliance, please call Executive Order 13045, Protection of Order. The Office of Management and Lieutenant A. Logman, Waterways Children from Environmental Health Budget has not reviewed it under that Management Officer, Group/Marine Risks and Safety Risks. This rule is not Order. It is not ‘‘significant’’ under the Safety Office Long Island Sound, at an economically significant rule and regulatory policies and procedures of (203) 468–4429. will not concern an environmental risk the Department of Homeland Security Small businesses may send comments to health or risk to safety that may (DHS). We expect the economic impact on the actions of Federal employees disproportionately affect children. of this rule will be so minimal that a full who enforce, or otherwise determine Indian Tribal Governments Regulatory Evaluation under the compliance with, Federal regulations to regulatory policies and procedures of the Small Business and Agriculture This rule does not have tribal DHS is unnecessary. This regulation Regulatory Enforcement Ombudsman implications under Executive Order may have some impact on the public, and the Regional Small Business 13175, Consultation and Coordination but the potential impact will be Regulatory Fairness Boards. The with Indian Tribal Governments, minimized for the following reasons: Ombudsman evaluates these actions because it will not have a substantial Vessels may transit in all areas of the annually and rates each agency’s direct effect on one or more Indian Sloop Channel and other than the area responsiveness to small business. If you tribes, on the relationship between the of the safety zone, and may utilize other wish to comment on actions by Federal Government and Indian tribes, routes with minimal increased transit employees of the Coast Guard, call 1– or on the distribution of power and time. 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal Government and Indian tribes. Small Entities Collection of Information To help the Coast Guard establish Under the Regulatory Flexibility Act regular and meaningful consultation This rule calls for no new collection (5 U.S.C. 601–612), we have considered and collaboration with Indian and of information under the Paperwork whether this rule will have a significant Alaskan Native tribes, we published a Reduction Act of 1995 (44 U.S.C. 3501– economic impact on a substantial notice in the Federal Register (66 FR 3520). number of small entities. The term 36361, July 11, 2001) requesting ‘‘small entities’’ comprises small Federalism comments on how to best carry out the businesses, not-for-profit organizations Order. We invite your comments on that are independently owned and A rule has implications for federalism how this rule might impact tribal operated and are not dominant in their under Executive Order 13132, governments, even if that impact may fields, and governmental jurisdictions Federalism, if it has a substantial direct not constitute a ‘‘tribal implication’’ with populations of less than 50,000. effect on State or local governments and under the Order. The Coast Guard certifies under 5 would either preempt State law or U.S.C. 605(b) that this rule will not have impose a substantial direct cost of Energy Effects a significant economic impact on a compliance on them. We have analyzed We have analyzed this rule under substantial number of small entities. this rule under that Order and have Executive Order 13211, Actions This rule may affect the following determined that it does not have Concerning Regulations That entities, some of which may be small implications for federalism. Significantly Affect Energy Supply, entities: The owners or operators of Unfunded Mandates Reform Act Distribution, or Use. We have vessels intending to transit or anchor in determined that it is not a ‘‘significant those portions of the Sloop Channel in The Unfunded Mandates Reform Act energy action’’ under that order because the Town of Hempstead, New York of 1995 (2 U.S.C. 1531–1538) requires it is not a ‘‘significant regulatory action’’ covered by the safety zone. For the Federal agencies to assess the effects of under Executive Order 12866 and is not reasons outlined in the Regulatory their discretionary regulatory actions. In likely to have a significant adverse effect Evaluation section above, this rule will particular, the Act addresses actions on the supply, distribution, or use of not have a significant impact on a that may result in the expenditure by a energy. It has not been designated by the substantial number of small entities. State, local, or tribal government, in the Administrator of the Office of If you think that your business, aggregate, or by the private sector of Information and Regulatory Affairs as a organization, or governmental $100,000,000 or more in any one year. significant energy action, therefore it jurisdiction qualifies as a small entity Though this rule will not result in such does not require a Statement of Energy and that this rule would have a expenditure, we do discuss the effects of Effects under Executive Order 13211. significant economic impact on it, this rule elsewhere in this preamble. Technical Standards please submit a comment (see Taking of Private Property ADDRESSES) explaining why you think it The National Technology Transfer qualifies and how and to what degree This rule will not affect a taking of and Advancement Act (NTTAA) (15 this rule would economically affect it. private property or otherwise have U.S.C. 272 note) directs agencies to use taking implications under Executive voluntary consensus standards in their Assistance for Small Entities Order 12630, Governmental Actions and regulatory activities unless the agency Under subsection 213(a) of the Small Interference with Constitutionally provides Congress, through the Office of Business Regulatory Enforcement Protected Property Rights. Management and Budget, with an

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explanation of why using these DEPARTMENT OF HOMELAND within the safety zone—including tank standards would be inconsistent with SECURITY vessels and their crews, their applicable law or otherwise impractical. apparatuses, and attending vessels and Voluntary consensus standards are Coast Guard their crews. technical standards (e.g., specifications El Segundo offshore marine terminal of materials, performance, design, or 33 CFR Part 165 is located approximately 1 nautical mile offshore El Segundo in Santa Monica operation; test methods; sampling [COTP Los Angeles-Long Beach 03–002] procedures; and related management Bay, between Marina Del Rey and RIN 1625–AA00 Redondo Beach, California. The offshore systems practices) that are developed or marine terminal consists of several adopted by voluntary consensus Safety Zone; Offshore Marine Terminal, tanker mooring buoys and seafloor standards bodies. This rule does not use El Segundo, CA pipelines connected to the mainland technical standards. Therefore, we did terminal. Large tank vessels are secured AGENCY: Coast Guard, DHS. not consider the use of voluntary to tanker mooring buoys using multiple consensus standards. ACTION: Final rule. sets of mooring lines. Underwater pipelines that extend seaward from the Environment SUMMARY: The Coast Guard is establishing a safety zone surrounding mainland terminal rise up from the The Coast Guard considered the the El Segundo offshore marine terminal ocean bottom and are secured to both the buoys and the tankers. As a result, environmental impact of this rule and near Los Angeles, California. This action there are numerous mooring lines, concluded that, under figure 2–1, is necessary to ensure public safety and pipelines, and other critical apparatuses paragraph 34(g), of Commandant reduce the likelihood of a collision or that exist above, below, and on the Instruction M16475.1D, this rule is other casualty involving a tank vessel surface of the water presenting an categorically excluded from further moored at the offshore marine terminal. especially hazardous condition for other environmental documentation. A Entry into this zone will be prohibited vessels transiting through this area. The Categorical Exclusion Determination is unless specifically authorized by the hazards have contributed to vessel available in the docket where indicated Captain of the Port Los Angeles-Long casualties resulting in pollution and in under ADDRESSES. Beach. at least one case, a fatality. These List of Subjects in 33 CFR Part 165 DATES: This rule is effective June 27, conditions are present at all times, 2005. whether or not a tanker is in the Harbors, Marine safety, Navigation offshore marine terminal. (water), Reporting and recordkeeping ADDRESSES: Comments and material requirements, Security measures, received from the public, as well as Discussion of Comments and Changes documents indicated in this preamble as Waterways. The Coast Guard received a total of being available in the docket, are part of nine letters in response to the notice of I For the reasons discussed in the docket COTP Los Angeles-Long Beach proposed rulemaking. What follows is a preamble, the Coast Guard amends 33 03–002 and are available for inspection review of, and the Coast Guard’s CFR part 165 as follows: or copying at U.S. Coast Guard Marine response to, the issues and questions Safety Office/Group Los Angeles-Long that were presented by these PART 165—REGULATED NAVIGATION Beach, Waterways Management commenters concerning the proposed AREAS AND LIMITED ACCESS AREAS Division, 1001 South Seaside Avenue, regulations. Building 20, San Pedro, California, I 1. The authority citation for part 165 (1) Four commenters indicated that 90731 between 8 a.m. and 4 p.m., buoys should be placed at the corners of continues to read as follows: Monday through Friday, except Federal the safety zone to give a visual Authority: 33 U.S.C. 1226 and 1231; 46 holidays. indication to boaters passing nearby. U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 FOR FURTHER INFORMATION CONTACT: The National Oceanic and CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Lieutenant Peter Gooding, Chief of Atmospheric Administration (NOAA) Pub. L. 107–295, 116 Stat. 2064; Department Waterways Management Division, (310) publishes charts of this area. A notation of Homeland Security Delegation No. 0170.1. 732–2020. of the safety zone will be placed on the I 2. Revise temporary § 165.T01–155(b) SUPPLEMENTARY INFORMATION: chart to advise mariners of the safety zone. In addition, NOAA is publishing to read as follows: Regulatory Information a new chart for the El Segundo area that § 165.T01–155 Safety Zone: Wantagh On July 10, 2003, we published a will show much greater detail of the Parkway Number 3 Bridge over the Sloop notice of proposed rulemaking (NPRM) surrounding area. This chart should Channel, Town of Hempstead, NY. entitled ‘‘Safety Zone; Offshore Marine provide sufficient aid for boaters to * * * * * Terminal, El Segundo, CA’’ in the identify the safety zone without the Federal Register (68 FR 41091). We placement of buoys which may interfere (b) Effective date. This section is received nine letters commenting on the with vessels permitted to enter the zone. effective from 12:01 a.m. on January 1, proposed rule. No public meeting was (2) Two commenters indicated that 2005 until 11:59 p.m. on December 31, requested, and none was held. publication of the safety zone needed to 2005. be widespread to ensure boaters are Background and Purpose * * * * * aware of the new zone. The Chevron Texaco Shipping In addition to appearing in the Dated: May 18, 2005. Company requested that the Coast Federal Register, news of this safety Peter J. Boynton, Guard establish a safety zone around the zone will be published in the Notice to Captain, U.S. Coast Guard, Captain of the El Segundo offshore marine terminal Mariners, Coast Pilot, and local boating Port, Long Island Sound. near Los Angeles, California, to promote publications to ensure wide [FR Doc. 05–10591 Filed 5–26–05; 8:45 am] the safety of life and property at the dissemination of information about this BILLING CODE 4910–15–P facility and on the adjacent waters safety zone.

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(3) Two commenters indicated that The Coast Guard certifies under 5 Interference with Constitutionally the enforcement of the safety zone U.S.C. 605(b) that this rule will not have Protected Property Rights. would not be adequate to keep vessels a significant economic impact on a Civil Justice Reform out of the zone. substantial number of small entities. We As stated in the Background and expect this rule will affect the following This rule meets applicable standards Purpose section above, this zone is for entities, some of which may be small in sections 3(a) and 3(b)(2) of Executive the safety of the vessels transiting in the entities: The owners and operators of Order 12988, Civil Justice Reform, to vicinity of the offshore moorings. It is private and commercial vessels minimize litigation, eliminate not envisioned that enforcement of the intending to transit or anchor in Santa ambiguity, and reduce burden. safety zone will be a heavy burden on Monica Bay near El Segundo. The Protection of Children the Coast Guard. impact to these entities will not, (4) One commenter indicated that the however, be significant since this zone We have analyzed this rule under safety zone should only be in place encompasses a small portion of the Executive Order 13045, Protection of while tank vessels are present. waterway and vessels may safely pass Children from Environmental Health Risks and Safety Risks. This rule is not The presence of large mooring buoys, around the affected area. In addition, an economically significant rule and approximately 13 feet long and 6 feet in vessels may be allowed to enter this does not create an environmental risk to diameter, are hazardous to vessels zone on a case-by-case basis with health or risk to safety that may operating in this area. These conditions permission of the Captain of the Port. disproportionately affect children. are present at all times, whether or not Assistance for Small Entities a tanker is in the offshore marine Indian Tribal Governments Under section 213(a) of the Small terminal. This rule does not have tribal Business Regulatory Enforcement (5) One commenter indicated that the implications under Executive Order Fairness Act of 1996 (Pub. L. 104–121), size of the safety zone should be larger 13175, Consultation and Coordination we offered to assist small entities in than proposed and that it should extend with Indian Tribal Governments, understanding the rule so that they can to shore. because it does not have a substantial better evaluate its effects on them and We feel as though the area prescribed direct effect on one or more Indian participate in the rulemaking process. is large enough to provide safe tribes, on the relationship between the However, we received no requests for operations, while allowing a corridor for Federal Government and Indian tribes, assistance from any small entities. vessels to safely pass between the safety or on the distribution of power and zone and the shoreline. Collection of Information responsibilities between the Federal After reviewing all comments, we Government and Indian tribes. made no changes in the rule. Our final This rule calls for no new collection rule remains the same as our proposed of information under the Paperwork Energy Effects rule. Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under 3520). Regulatory Evaluation Executive Order 13211, Actions Federalism Concerning Regulations That This rule is not a ‘‘significant Significantly Affect Energy Supply, regulatory action’’ under section 3(f) of A rule has implications for federalism Distribution, or Use. We have Executive Order 12866, Regulatory under Executive Order 13132, determined that it is not a ‘‘significant Planning and Review, and does not Federalism, if it has a substantial direct energy action’’ under that order because require an assessment of potential costs effect on State or local governments and it is not a ‘‘significant regulatory action’’ and benefits under section 6(a)(3) of that would either preempt State law or under Executive Order 12866 and is not Order. The Office of Management and impose a substantial direct cost of likely to have a significant adverse effect Budget has not reviewed it under that compliance on them. We have analyzed on the supply, distribution, or use of Order. It is not ‘‘significant’’ under the this rule under that Order and have energy. The Administrator of the Office regulatory policies and procedures of determined that it does not have of Information and Regulatory Affairs the Department of Homeland Security implications for federalism. has not designated it as a significant (DHS). Unfunded Mandates Reform Act energy action. Therefore, it does not This safety zone will encompass only require a Statement of Energy Effects a small portion of the waterway and The Unfunded Mandates Reform Act under Executive Order 13211. vessel traffic can pass safely around the of 1995 (2 U.S.C. 1531–1538) requires affected area. In addition, vessels may Federal agencies to assess the effects of Technical Standards be allowed to enter this zone on a case- their discretionary regulatory actions. In The National Technology Transfer by-case basis with permission of the particular, the Act addresses actions and Advancement Act (NTTAA) (15 Captain of the Port. that may result in the expenditure by a U.S.C. 272 note) directs agencies to use State, local, or tribal government, in the voluntary consensus standards in their Small Entities aggregate, or by the private sector of regulatory activities unless the agency Under the Regulatory Flexibility Act $100,000,000 or more in any one year. provides Congress, through the Office of (5 U.S.C. 601–612), we have considered Though this rule will not result in such Management and Budget, with an whether this rule will have a significant an expenditure, we do discuss the explanation of why using these economic impact on a substantial effects of this rule elsewhere in this standards would be inconsistent with number of small entities. The term preamble. applicable law or otherwise impractical. ‘‘small entities’’ comprises small Voluntary consensus standards are Taking of Private Property businesses, not-for-profit organizations technical standards (e.g., specifications that are independently owned and This rule will not effect a taking of of materials, procedures; and related operated and are not dominant in their private property or otherwise have management systems practices) that are fields, and governmental jurisdictions taking implications under Executive developed or adopted by voluntary with populations of less than 50,000. Order 12630, Governmental Actions and consensus standards bodies.

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This rule does not use technical engage in servicing the offshore marine standardized electronic format for cost standards. Therefore, we did not terminal or vessels therein; reporting periods ending on or after consider the use of voluntary consensus (iii) Public vessels of the United December 31, 2004. standards. States. DATES: Effective date: These regulations (2) Persons desiring to transit the area Environment are effective on June 27, 2005. of the safety zone may contact the Comment date: To be assured We have analyzed this rule under Captain of the Port at telephone number consideration, comments must be Commandant Instruction M16475.lD, 1–800–221–8724 or on VHF–FM received at one of the addresses which guides the Coast Guard in channel 16 (156.8 MHz). If permission provided below, no later than 5 p.m. on complying with the National is granted, all persons and vessels must July 26, 2005. Environmental Policy Act of 1969 comply with the instructions of the ADDRESSES: In commenting, please refer (NEPA) (42 U.S.C. 4321–4370f), and Captain of the Port or his or her to file code CMS–1199–IFC. Because of have concluded that there are no factors designated representative. in this case that would limit the use of (3) Nothing in this section shall be staff and resource limitations, we cannot a categorical exclusion under section construed as relieving the owner or accept comments by facsimile (FAX) 2.B.2 of the Instruction. Therefore, this person in charge of any vessel from transmission. You may submit comments in one of rule is categorically excluded, under complying with the Navigation Rules as three ways (no duplicates, please): figure 2–1, paragraph (34)(g), of the defined in 33 CFR chapter I, 1. Electronically. You may submit Instruction, from further environmental subchapters D and E and safe navigation electronic comments on specific issues documentation because we are practice. in this regulation to http:// proposing to establish a safety zone. Dated: May 13, 2005. A final ‘‘Environmental Analysis www.cms.hhs.gov/regulations/ Peter V. Neffenger, Check List’’ and a final ‘‘Categorical ecomments. (Attachments should be in Exclusion Determination’’ are available Captain, U.S. Coast Guard, Captain of the Microsoft Word, WordPerfect, or Excel; Port, Los Angeles–Long Beach. in the docket where indicated under however, we prefer Microsoft Word.) [FR Doc. 05–10594 Filed 5–26–05; 8:45 am] ADDRESSES. 2. By mail. You may mail written BILLING CODE 4910–15–P comments (one original and two copies) List of Subjects in 33 CFR Part 165 to the following address ONLY: Centers Harbors, Marine safety, Navigation for Medicare & Medicaid Services, (water), Reporting and recordkeeping DEPARTMENT OF HEALTH AND Department of Health and Human requirements, Security measures, HUMAN SERVICES Services, Attention: CMS–1199–IFC, Waterways. P.O. Box 8018, Baltimore, MD 21244– I For the reasons discussed in the Centers for Medicare & Medicaid 8018. preamble, the Coast Guard amends 33 Services Please allow sufficient time for mailed CFR part 165 as follows: comments to be received before the 42 CFR Part 413 close of the comment period. 3. By hand or courier. If you prefer, PART 165—REGULATED NAVIGATION [CMS–1199–IFC] AREAS AND LIMITED ACCESS AREAS you may deliver (by hand or courier) RIN 0938–AN87 your written comments (one original I 1. The authority citation for part 165 and two copies) before the close of the continues to read as follows: Medicare Program; Electronic comment period to one of the following Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Submission of Cost Reports: Revision addresses. If you intend to deliver your Chapter 701; 50 U.S.C. 191, 195; 33 CFR to Effective Date of Cost Reporting comments to the Baltimore address, 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Period please call telephone number (410) 786– 107–295, 116 Stat. 2064; Department of 7197 in advance to schedule your Homeland Security Delegation No. 0170.1. AGENCY: Centers for Medicare & arrival with one of our staff members. I 2. Add § 165.1156 to read as follows: Medicaid Services (CMS), HHS. ACTION: Interim final rule with comment Room 445–G, Hubert H. Humphrey § 165.1156 Safety Zone; Offshore Marine period. Building, 200 Independence Avenue, Terminal, El Segundo, CA. SW., Washington, DC 20201; or 7500 (a) Location. The following area is a SUMMARY: This interim final rule with Security Boulevard, Baltimore, MD safety zone: All waters of Santa Monica comment period revises the existing 21244–1850. Bay, from surface to bottom, enclosed by effective date by which all organ (Because access to the interior of the a line beginning at latitude 33°54′59″ N, procurement organizations (OPOs), rural HHH Building is not readily available to longitude 118°26′50″ W; then to latitude health clinics (RHCs), Federally persons without Federal Government 33°54′59″ N, longitude 118°27′34″ W; qualified health centers (FQHCs), and identification, commenters are then to latitude 33°54′00″ N, longitude community mental health centers encouraged to leave their comments in 118°27′34″ W; then to latitude 33°54′00″ (CMHCs) are required to submit their the CMS drop slots located in the main N, longitude 118°26′50″ W; then to the Medicare cost reports in a standardized lobby of the building. A stamp-in clock point of beginning (NAD 1983). electronic format from cost reporting is available for persons wishing to retain (b) Regulations. (1) In accordance periods ending on or after December 31, a proof of filing by stamping in and with the general regulations in § 165.23 2004 to cost reporting periods ending on retaining an extra copy of the comments of this part, entry into or movement or after March 31, 2005. being filed.) within this zone is prohibited except This interim final rule with comment Comments mailed to the addresses for: does not affect the current cost reporting indicated as appropriate for hand or (i) Commercial vessels authorized to requirement for hospices and end-stage courier delivery may be delayed and use the offshore marine terminal for renal disease (ESRD) facilities. Hospices could be considered late. All comments loading or unloading; and ESRD facilities are required to received before the close of the (ii) Commercial tugs, lighters, barges, continue to submit cost reports under comment period are available for launches, or other vessels authorized to the Medicare regulations in a viewing by the public, including any

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personally identifiable or confidential to pass specified edits, must be statement signed by the provider’s business information that is included in forwarded to the fiscal intermediary for administrator or chief financial officer a comment. After the close of the processing through its system. certifying the accuracy of the electronic comment period, CMS posts all These facilities are generally paid file. To preserve the integrity of the electronic comments received before the under the Medicare program for the electronic file, in the January 2, 1997 close of the comment period on its reasonable costs of the covered items final rule we specified procedures public Web site. and services they furnish to Medicare regarding the processing of electronic For information on viewing public beneficiaries. Sections 1815(a) and cost reports once they are submitted to comments, see the beginning of the 1833(e) of the Social Security Act (the the intermediary. Act) provided that no payments will be SUPPLEMENTARY INFORMATION section. II. Provisions of the Interim Final Rule FOR FURTHER INFORMATION CONTACT: made to a provider unless it has Darryl E. Simms, (410) 786–4524. furnished the information, requested by This interim final rule revises the the Secretary of the Department of existing effective date for submission of SUPPLEMENTARY INFORMATION: Health and Human Services (Secretary), electronic cost reports for OPOs, RHCs, Submitting Comments: We welcome needed to determine the amount of FQHCs, and CMHCs from cost reporting comments from the public on all issues payments due the provider. periods ending on or after December 31, set forth in this rule to assist us in fully In general, providers submit this 2004 to cost reporting periods ending on considering issues and developing information through cost reports that or after March 31, 2005. As a result of policies. You can assist us by cover a 12-month period. Regulations the delays in the availability of the CMS referencing the file code CMS–1199-IFC governing the submission of cost reports free cost reporting software and and the specific ‘‘issue identifier’’ that are set forth in § 413.20 and § 413.24. commercially available cost reporting precedes the section on which you Section 413.20(a) specifies that all software, OPOs, RHCs, FQHCs, and choose to comment. providers participating in the Medicare CMHCs will now be required to file Inspection of Public Comments: All program are required to maintain their cost reports in a standardized comments received before the close of sufficient financial records and electronic format effective for cost the comment period are available for statistical data for proper determination reporting periods ending on or after viewing by the public, including any of costs payable under the Medicare March 31, 2005. This is a change from personally identifiable or confidential program. In addition, providers must the August 23, 2003 final rule that business information that is included in use standardized definitions and follow established the electronic filing a comment. We post all electronic accounting, statistical, and reporting requirement for cost reporting periods comments received before the close of practices that are widely accepted in the ending on or after December 31, 2004. the comment period on its public Web health care industry and related fields. Hospices and ESRD facilities will site as soon as possible after they are In § 413.20(b) and § 413.24(f), providers continue to be subject to the electronic received. Hard copy comments received are required to submit cost reports filing requirements as referenced in the timely will be available for public annually, with the reporting period August 23, 2003 final rule as software inspection as they are received, based on the provider’s accounting year. for these provider types is available. generally beginning approximately 3 Section 412.52 specifies that all Therefore, all hospices and ESRD weeks after publication of a document, hospitals participating in the facilities are still required to submit at the headquarters of the Centers for prospective payment system must meet standardized electronic cost reports for Medicare & Medicaid Services, 7500 cost reporting requirements set forth at cost reporting periods ending on or after Security Boulevard, Baltimore, § 413.20 and § 413.24. December 31, 2004. Standardized Maryland 21244, Monday through Section 1886(f)(1)(B)(i) of the Act electronic cost reports have been in Friday of each week from 8:30 a.m. to requires the Secretary to establish a place since October 1989. Since that 4 p.m. To schedule an appointment to standardized electronic cost reporting time, the accuracy of cost reporting has view public comments, phone 1–800– system for all hospitals participating in increased. Under this interim final rule, 743–3951. the Medicare program. This provision the only change is to the effective date was effective for hospital cost reporting I. Background for submission of electronic cost periods beginning on or after October 1, reporting for OPOs, RHCs, FQHCs, and On August 23, 2003, we published in 1989. On January 2, 1997, we published CMHCs. These providers will still be the Federal Register (68 FR 50717), a a final rule in the Federal Register (62 given a transition period (described in final regulation that requires that all FR 26) that revised § 413.24(f)(4)(ii) to the August 23, 2003 final rule (68 FR hospices, organ procurement extend the electronic cost reporting 50717)) beginning with the new organizations (OPOs), rural health requirements to skilled nursing facilities effective date and are still required to clinics (RHCs), Federally qualified (SNFs) and home health agencies provide a hard copy of the settlement health centers (FQHCs), community (HHAs). summary, statement of certain mental health centers (CMHCs), and The required cost reports must be worksheet totals, and a statement signed end-stage renal disease (ESRD) facilities electronically transmitted to the by the administrator or chief financial submit Medicare cost reports in a intermediary in American Standard officer certifying the accuracy of the standardized electronic format. This Code for Information Interchange electronic file or the manually prepared requirement is effective for cost (ASCII) format. In addition to the cost report under the new effective date. reporting periods ending on or after electronic file, hospitals, SNFs, and December 31, 2004. HHAs were initially required to submit III. Response to Comments The provider’s electronic program a hard copy of the full cost report. The Because of the large number of public must be capable of producing the CMS January 2, 1997 final rule revised comments we normally receive on standardized output file in a form that § 413.24(f)(4)(iv) to state that providers Federal Register documents, we are not can be read by the fiscal intermediary’s were required to submit, instead, a hard able to acknowledge or respond to them automated system. This electronic file, copy of a one-page settlement summary, individually. We will consider all which must contain the input data a statement of certain worksheet totals comments we receive by the date and required to complete the cost report and found in the electronic file, and a time specified in the DATES section of

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this preamble, and, when we proceed V. Collection of Information Report,’’ with a current expiration date with a subsequent document, we will Requirements of September 30, 2006. If you comment on these information respond to the comments in the Under the Paperwork Reduction Act collection and recordkeeping preamble to that document. of 1995, we are required to provide 60- requirements, please mail copies day notice in the Federal Register and IV. Waiver of Proposed Rulemaking directly to the following: solicit public comment before a We ordinarily publish a notice of collection of information requirement is Centers for Medicare & Medicaid proposed rulemaking in the Federal submitted to the Office of Management Services, Office of Strategic Operations and Regulatory Affairs, Register and invite public comment on and Budget (OMB) for review and Regulations Development Group, the proposed rule. The notice of approval. However, the requirements Attn: Jim Wickliffe, CMS–1199–IFC, proposed rulemaking includes a referenced and discussed below are currently approved by OMB. Room C4–26–05, 7500 Security reference to the legal authority under Boulevard, Baltimore, MD 21244– which the rule is proposed, and the Section 413.24 Adequate Cost Data 1850; and terms and substances of the proposed and Cost Finding Office of Information and Regulatory rule or a description of the subjects and Affairs, Office of Management and issues involved. This procedure can be Currently § 413.24 requires hospitals, to submit cost reports in a standardized Budget, Room 10235, New Executive waived, however, if an agency finds electronic format for cost reporting Office Building, Washington, DC good cause that a notice-and-comment periods beginning on or after October 1, 20503, Attn: Christopher Martin, CMS procedure is impracticable, 1989. SNFs, and HHAs must submit cost Desk Officer, CMS–1199–IFC, unnecessary, or contrary to the public [email protected], reports in a standardized electronic Fax (202) 395–6974. interest and incorporates a statement of format for cost reporting periods ending the finding and its reasons in the rule on or after December 31, 1996. VI. Regulatory Impact Statement issued. Hospices, ESRD facilities, OPOS, RHCs, We have examined the impact of this Because of the delay in the FQHCs and CMHCs must submit cost rule as required by Executive Order availability of the requisite cost reports in a standardized electronic 12866 (September 1993, Regulatory reporting software (CMS-provided and format for cost reporting periods ending Planning and Review), the Regulatory commercially available) needed to on or after December 31, 2004. These Flexibility Act (RFA) (September 19, comply with the effective date reporting requirements are currently 1980, Pub. L. 96–354), section 1102(b) of provisions of the August 23, 2003 final approved as described below. the Social Security Act (the Act), the rule, OPOs, RHCs, FQHCs, and CMHCs This interim final rule revises the Unfunded Mandates Reform Act of 1995 are not able to submit cost reports in a dates by which OPOs, RHCs, FQHCs, (Pub. L. 104–4), and Executive Order standardized electronic format for cost and CMHCs must submit cost reports in 13132. reporting periods ending December 31, a standardized electronic format. Under Executive Order 12866 directs 2004. These cost reports are due to their the revised requirements OPOs, RHCs, agencies to assess all costs and benefits respective fiscal intermediaries (FIs) 150 FQHCs, and CMHCs must now submit of available regulatory alternatives and, days or 5 months following the close of cost reports in a standardized electronic if regulation is necessary, to select the cost reporting period which is May format for cost reporting periods ending regulatory approaches that maximize 31, 2005. Revising the reporting on or after March 31, 2005, rather than net benefits (including potential requirement to be effective for cost December 31, 2004. This change does economic, environmental, public health not impose any new burden. reporting periods ending on or after and safety effects, distributive impacts, As noted above, while all the above March 31, 2005, provides the time for and equity). A regulatory impact reporting requirements are subject to the the contractors to develop the requisite analysis (RIA) must be prepared for PRA, they are currently approved under cost reporting software. The new major rules with economically OMB approval numbers 0938–0050, electronic filing requirement for cost significant effects ($100 million or more ‘‘Hospital/Healthcare Complex Cost in any 1 year). This rule does not reach reporting periods ending on or after Report,’’ with a current expiration date March 31, 2005 requires OPOs, RHCs, the economic threshold and thus is not of November 30, 2005, 0938–0463; considered a major rule. FQHCs, and CMHCs, with a March 31, ‘‘Skilled Nursing Facility Cost Report,’’ The RFA requires agencies to analyze 2005 cost reporting ending date to with a current expiration date of April options for regulatory relief of small submit cost reporting data to FIs by 30, 2007; 0938–0022, ‘‘Home Health businesses. For purposes of the RFA, August 31, 2005. We find the notice- Agency Cost Report,’’ with a current small entities include small businesses, and-comment procedure impracticable expiration date of April 30, 2007; 0938– nonprofit organizations, and since it is not feasible for these 0758, ‘‘Hospice Cost Report,’’ with a government agencies. Most hospitals providers to meet the current effective current expiration date of January 31, and most other providers and suppliers date as the technology to meet the 2008; 0938–0102, ‘‘Organ Procurement are small entities, either by nonprofit reporting requirement is not available. Agency/Laboratory Statement of status or by having revenues of $6 Also, this interim final rule with Reimbursable Costs,’’ with a current million to $29 million in any 1 year. comment does not impose any expiration date of August 31, 2006; Individuals and States are not included additional requirements, but merely 0938–0107, ‘‘Independent Rural Health in the definition of a small entity. We extends the effective date of the existing Clinic/Freestanding Federally Qualified are not preparing an analysis for the reporting requirement until the software Health Center Cost Report,’’ with a RFA because we have determined that is available. Therefore, we find good current expiration date of October 31, this rule will not have a significant cause to waive notice-and-comment 2005; 0938–0236, ‘‘Medicare economic impact on a substantial procedures and to issue this final rule Independent Renal Dialysis Facility number of small entities. on an interim basis. However, we are Cost Report,’’ with a current expiration In addition, section 1102(b) of the Act providing a 60-day public comment date of June 30, 2007; and 0938–0657, requires us to prepare a regulatory period. ‘‘End Stage Renal Disease Network Cost impact analysis if a rule may have a

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significant impact on the operations of Subpart B—Accounting Records and Federally qualified health centers, a substantial number of small rural Reports community mental health centers) hospitals. This analysis must conform to providers must submit a hard copy of the provisions of section 604 of the I 2. Section 413.24 is amended by— the completed cost report forms in RFA. For purposes of section 1102(b) of I A. Revising paragraph (f)(4)(ii). addition to the electronic file. The the Act, we define a small rural hospital I B. Revising paragraph (f)(4)(iv). following statement must immediately as a hospital that is located outside of The revisions read as follows: precede the dated signature of the a Metropolitan Statistical Area and has § 413.24 Adequate cost data and cost provider’s administrator or chief fewer than 100 beds. We are not finding. financial officer: preparing an analysis for section 1102(b) * * * * * I hereby certify that I have read the above of the Act because we have determined (f) * * * certification statement and that I have that this rule will not have a significant (4) * * * examined the accompanying electronically impact on the operations of a substantial (i) * * * filed or manually submitted cost report and number of small rural hospitals. (ii) Effective for cost reporting periods the Balance Sheet Statement of Revenue and beginning on or after October 1, 1989 for Expenses prepared by _____ (Provider Section 202 of the Unfunded Name(s) and Number(s)) for the cost Mandates Reform Act of 1995 also hospitals, cost reporting periods ending ___ on or after December 31, 1996 for skilled reporting period beginning and ending requires that agencies assess anticipated ___ and that to the best of my knowledge and costs and benefits before issuing any nursing facilities and home health belief, this report and statement are true, rule that may result in expenditure in agencies, cost reporting periods ending correct, complete and prepared from the any 1 year by State, local, or tribal on or after December 31, 2004 for books and records of the provider in governments, in the aggregate, or by the hospices, and end-stage renal disease accordance with applicable instructions, private sector, of $110 million. This rule facilities, and cost reporting periods except as noted. I further certify that I am will have no consequential effect on the ending on or after March 31, 2005 for familiar with the laws and regulations organ procurement organizations, rural regarding the provision of health care governments mentioned or on the services, and that the services identified in private sector. health clinics, Federally qualified health centers, and community mental health this cost report were provided in compliance Executive Order 13132 establishes with such laws and regulations. centers, a provider is required to submit certain requirements that an agency cost reports in a standardized electronic * * * * * must meet when it publishes a proposed format. The provider’s electronic (Catalog of Federal Domestic Assistance; rule (and subsequent final rule) that program must be capable of producing Program No. 93.774, Medicare— imposes substantial direct requirement the CMS standardized output file in a Supplementary Medical Insurance costs on State and local governments, form that can be read by the fiscal Program) preempts State law, or otherwise has intermediary’s automated system. This Federalism implications. Since this Dated: April 14, 2005. electronic file, which must contain the regulation does not impose any costs on Mark B. McClellan, input data required to complete the cost State or local governments, the Administrator, Centers for Medicare & report and to pass specified edits, must requirements of E.O. 13132 are not Medicaid Services. be forwarded to the fiscal intermediary applicable. Approved: May 3, 2005. for processing through its system. In accordance with the provisions of Michael O. Leavitt, * * * * * Secretary. Executive Order 12866, this regulation (iv) Effective for cost reporting [FR Doc. 05–10570 Filed 5–26–05; 8:45 am] was reviewed by the Office of periods ending on or after September Management and Budget. 30, 1994 for hospitals, cost reporting BILLING CODE 4120–01–P List of Subjects in 42 CFR Part 413 periods ending on or after December 31, 1996 for skilled nursing facilities and Health facilities, Kidney diseases, home health agencies, cost reporting DEPARTMENT OF HOMELAND Medicare, Reporting and recordkeeping periods ending on or after December 31, SECURITY requirements. 2004 for hospices and end-stage renal Federal Emergency Management disease facilities, and cost reporting I For the reasons set forth in the Agency periods ending on or after March 31, preamble, the Centers for Medicare & 2005 for organ procurement Medicaid Services amends 42 CFR 44 CFR Part 65 organizations, rural health clinics, chapter IV, as set forth below: Federally qualified health centers, and [Docket No. FEMA–D–7569] PART 413—PRINCIPLES OF community mental health centers, a provider must submit a hard copy of a Changes in Flood Elevation REASONABLE COST Determinations REIMBURSEMENT; PAYMENT FOR settlement summary, a statement of END-STAGE RENAL DISEASE certain worksheet totals found within AGENCY: Federal Emergency SERVICES; PROSPECTIVELY the electronic file, and a statement Management Agency (FEMA), DETERMINED PAYMENT RATES FOR signed by its administrator or chief Emergency Preparedness and Response SKILLED NURSING FACILITIES financial officer certifying the accuracy Directorate, Department of Homeland of the electronic file or the manually Security. I 1. The authority citation for part 413 prepared cost report. During a transition ACTION: Interim rule. continues to read as follows: period (first two cost-reporting periods on or after December 31, 2004 for SUMMARY: This interim rule lists Authority: Secs. 1102, 1812(d), 1814(b), 1815, 1833(a), (i), and (n), 1871, 1881, 1883 hospices and end-stage renal disease communities where modification of the and 1886 of the Social Security Act (42 facilities, and the first two cost- Base (1% annual chance) Flood U.S.C. 1302, 1395dd(d), 1395f(b), 1395g, reporting periods on or after March 31, Elevations (BFEs) is appropriate because 1395l(a), (i) and (n), 1395hh, 1395rr, 1395tt, 2005 for organ procurement of new scientific or technical data. New and 1395ww). organizations, rural health clinics, flood insurance premium rates will be

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calculated from the modified BFEs for and are in accordance with the National modified BFEs are required by the Flood new buildings and their contents. Flood Insurance Act of 1968, 42 U.S.C. Disaster Protection Act of 1973, 42 DATES: These modified BFEs are 4001 et seq., and with 44 CFR Part 65. U.S.C. 4105, and are required to currently in effect on the dates listed in For rating purposes, the currently maintain community eligibility in the the table and revise the Flood Insurance effective community number is shown NFIP. No regulatory flexibility analysis Rate Map(s) (FIRMs) in effect prior to and must be used for all new policies has been prepared. this determination for each listed and renewals. Regulatory Classification. This community. The modified BFEs are the basis for interim rule is not a significant From the date of the second the floodplain management measures regulatory action under the criteria of publication of these changes in a that the community is required to either Section 3(f) of Executive Order 12866 of newspaper of local circulation, any adopt or to show evidence of being September 30, 1993, Regulatory person has ninety (90) days in which to already in effect in order to qualify or Planning and Review, 58 FR 51735. request through the community that the to remain qualified for participation in Executive Order 12612, Federalism. Director reconsider the changes. The the National Flood Insurance Program This rule involves no policies that have modified elevations may be changed (NFIP). federalism implications under Executive during the 90-day period. These modified elevations, together Order 12612, Federalism, dated October ADDRESSES: The modified BFEs for each with the floodplain management criteria 26, 1987. community are available for inspection required by 44 CFR 60.3, are the Executive Order 12778, Civil Justice at the office of the Chief Executive minimum that are required. They Reform. This rule meets the applicable Officer of each community. The should not be construed to mean that standards of Section 2(b)(2) of Executive respective addresses are listed in the the community must change any Order 12778. table below. existing ordinances that are more FOR FURTHER INFORMATION CONTACT: stringent in their floodplain List of Subjects in 44 CFR Part 65 Doug Bellomo, P.E., Hazard management requirements. The Flood insurance, floodplains, Identification Section, Emergency community may at any time enact reporting and recordkeeping Preparedness and Response Directorate, stricter requirements of its own, or requirements. pursuant to policies established by other FEMA, 500 C Street SW., Washington, I Accordingly, 44 CFR Part 65 is Federal, state or regional entities. DC 20472, (202) 646–2903. amended to read as follows: SUPPLEMENTARY INFORMATION: The The changes in BFEs are in modified BFEs are not listed for each accordance with 44 CFR 65.4. PART 65—[AMENDED] community in this interim rule. National Environmental Policy Act. However, the address of the Chief This rule is categorically excluded from I 1. The authority citation for Part 65 Executive Officer of the community the requirements of 44 CFR Part 10, continues to read as follows: where the modified BFE determinations Environmental Consideration. No Authority: 42 U.S.C. 4001 et seq.; are available for inspection is provided. environmental impact assessment has Reorganization Plan No. 3 of 1978, 3 CFR, Any request for reconsideration must been prepared. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, be based upon knowledge of changed Regulatory Flexibility Act. The 3 CFR, 1979 Comp., p. 376. Mitigation Division Director of the conditions, or upon new scientific or § 65.4 [Amended] technical data. Emergency Preparedness and Response The modifications are made pursuant Directorate certifies that this rule is I 2. The tables published under the to Section 201 of the Flood Disaster exempt from the requirements of the authority of § 65.4 are amended as shown Protection Act of 1973, 42 U.S.C. 4105, Regulatory Flexibility Act because below:

Dates and name of news- State and county Location paper where notice was Chief executive officer of commu- Effective date of Community published nity modification number

Florida: Charlotte Unincorporated January 27, 2005; Feb- Mr. Bruce A. Loucks, Charlotte January 20, 2005 ...... 120061 F Areas. ruary 3, 2005; Sun Her- County Administrator, Charlotte ald. County Administration Building, 18500 Murdock Circle, Port Charlotte, Florida 33948. Georgia: Rich- City of Augusta .. February 10, 2005; Feb- The Honorable Robert Young, May 19, 2005 ...... 130159 mond. ruary 17, 2005; The Mayor of the City of Augusta, Augusta Chronicle. City-County Building, 530 Greene Street, Augusta, Geor- gia 30911. Massachusetts: Town of Chat- February 3, 2005; Feb- Mr. William G. Hinchey, Chatham January 27, 2005 ...... 250004 D Barnstable. ham. ruary 10, 2005; Cape Town Manager, 549 Main Cod Times. Street, Chatham, Massachu- setts 02633. Minnesota: Hen- City of Min- January 21, 2005; Janu- The Honorable R. T. Ryback, January 11, 2005 ...... 270172 E nepin. neapolis. ary 28, 2005; Star-Trib- Mayor of the City of Min- une. neapolis, Minneapolis City Hall, 350 South Fifth Street, Room 331, Minneapolis, Minnesota 55415. North Carolina: Town of July 20, 2004; July 27, Mr. Steven Stewart, Carrboro July 13, 2004 ...... 370275 B Orange. Carrboro. 2004; Chapel Hill Her- Town Manager, 301 West Main ald. Street, Carrboro, North Carolina 27510.

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Dates and name of news- State and county Location paper where notice was Chief executive officer of commu- Effective date of Community published nity modification number

Pennsylvania: Township of Ox- March 10, 2005; March Mr. Donald F. Poist, Supervisor of June 16, 2005 ...... 420003 B Adams. ford. 17, 2005; The Gettys- the Township of Oxford, Munic- burg Times and The ipal Building, P.O. Box 86, New Hanover Evening Sun. Oxford, Pennsylvania 17350. South Carolina: Unincorporated February 3, 2005; Feb- Mr. Jim Rozier, Chairman of the May 12, 2005 ...... 450029 D Berkeley. Areas. ruary 10, 2005; The Berkeley, County Council, 223 Post and Courier. North Live Oak Drive, Moncks Corner, South Carolina 29461. South Carolina: City of Goose February 3, 2005; Feb- The Honorable Michael J. Heitzler, May 12, 2005 ...... 450206 D Berkeley. Creek. ruary 10, 2005; The Mayor of the City of Goose Post and Courier. Creek, 519 North Goose Creek Boulevard, Goose Creek, South Carolina 29445. South Carolina: Unincorporated December 9, 2004; De- Mr. T. Cary McSwain, Richland March 16, 2005 ...... 450170 G Richland. Areas. cember 16, 2004; The County Administrator, 2020 State. Hampton Street, Room 4058, P.O. Box 192, Columbia, South Carolina 29202. West Virginia: Unincorporated February 28, 2005; March Mr. Jim Hatfield, President of the November 16, 2004 ... 540133 C Mingo. Areas. 7, 2005; The Mingo Board of Commissioners, Williamson Daily News. P.O. Box 1197, Williamson, West Virginia 25661. West Virginia: Unincorporated February 16, 2005; Feb- Mr. Herman R. Davis, President of May 25, 2005 ...... 540217 B Wyoming. Areas. ruary 23, 2005; The the Wyoming, County Commis- Independent Herald. sion, P.O. Box 309, Pineville, West Virginia 24874–0309.

(Catalog of Federal Domestic Assistance No. EFFECTIVE DATES: The date of issuance of Interested lessees and owners of real 83.100, ‘‘Flood Insurance.’’) the Flood Insurance Rate Map (FIRM) property are encouraged to review the Dated: May 18, 2005. showing BFEs and modified BFEs for proof Flood Insurance Study and FIRM David I. Maurstad, each community. This date may be available at the address cited below for Acting Director, Mitigation Division, obtained by contacting the office where each community. Emergency Preparedness and Response the maps are available for inspection as The BFEs and modified BFEs are Directorate. indicated on the table below. made final in the communities listed [FR Doc. 05–10615 Filed 5–26–05; 8:45 am] ADDRESSES: The final BFEs for each below. Elevations at selected locations BILLING CODE 9110–12–P community are available for inspection in each community are shown. at the office of the Chief Executive National Environmental Policy Act. Officer of each community. The This rule is categorically excluded from DEPARTMENT OF HOMELAND respective addresses are listed in the the requirements of 44 CFR Part 10, SECURITY table below. Environmental Consideration. No FOR FURTHER INFORMATION CONTACT: environmental impact assessment has Federal Emergency Management Doug Bellomo, P.E., Hazard Agency been prepared. Identification Section, Emergency Regulatory Flexibility Act. The Preparedness and Response Directorate, 44 CFR Part 67 Mitigation Division Director of the FEMA, 500 C Street SW., Washington, Emergency Preparedness and Response DC 20472, (202) 646–2903. Final Flood Elevation Determinations Directorate certifies that this rule is SUPPLEMENTARY INFORMATION: FEMA exempt from the requirements of the AGENCY: Federal Emergency makes the final determinations listed Regulatory Flexibility Act because final Management Agency (FEMA), below for the modified BFEs for each or modified BFEs are required by the Emergency Preparedness and Response community listed. These modified Flood Disaster Protection Act of 1973, Directorate, Department of Homeland elevations have been published in 42 U.S.C. 4104, and are required to Security. newspapers of local circulation and establish and maintain community ACTION: Final rule. ninety (90) days have elapsed since that eligibility in the NFIP. No regulatory publication. The Mitigation Division flexibility analysis has been prepared. SUMMARY: Base (1% annual chance) Director of the Emergency Preparedness Flood Elevations (BFEs) and modified and Response Directorate, has resolved Regulatory Classification. This final BFEs are made final for the any appeals resulting from this rule is not a significant regulatory action communities listed below. The BFEs notification. under the criteria of Section 3(f) of and modified BFEs are the basis for the This final rule is issued in accordance Executive Order 12866 of September 30, floodplain management measures that with Section 110 of the Flood Disaster 1993, Regulatory Planning and Review, each community is required either to Protection Act of 1973, 42 U.S.C. 4104, 58 FR 51735. adopt or to show evidence of being and 44 CFR Part 67. Executive Order 12612, Federalism. already in effect in order to qualify or The Agency has developed criteria for This rule involves no policies that have remain qualified for participation in the floodplain management in floodprone federalism implications under Executive National Flood Insurance Program areas in accordance with 44 CFR Part Order 12612, Federalism, dated October (NFIP). 60. 26, 1987.

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Executive Order 12778, Civil Justice #Depth in #Depth in Reform. This rule meets the applicable feet above feet above ground. ground. standards of Section 2(b)(2) of Executive *Elevation *Elevation Order 12778. Source of flooding and location in feet Source of flooding and location in feet (NGVD) (NGVD) List of Subjects in 44 CFR Part 67 •Elevation •Elevation in feet in feet Administrative practice and (NAVD) (NAVD) procedure, flood insurance, reporting Massachusetts Bay/Duck Hill At confluence with Little and recordkeeping requirements. River/The Marsh: River ...... •700 I Accordingly, 44 CFR Part 67 is Approximately 1,000 feet At the confluence of Moss amended as follows: north of the intersection of Glen and Sterling Brooks .. •723 St. George Street and Little River: PART 67—[AMENDED] Strawberry Lane ...... *11 Approximately 1,240 feet Maps available for inspection downstream of Adams I 1. The authority citation for Part 67 at the Duxbury Town Hall, Dam ...... •620 878 Tremont Street, At the confluence of East continues to read as follows: Duxbury, Massachusetts. and West Branches of Lit- Authority: 42 U.S.C. 4001 et seq.; tle River ...... •700 Reorganization Plan No. 3 of 1978, 3 CFR, Pennsylvania Moss Glen Brook: 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, At the confluence with East Manheim (Township), Lan- • 3 CFR, 1979 Comp., p. 376. Branch Little River ...... 723 caster County (FEMA Approximately 60 feet up- Docket No. D–7606) § 67.11 [Amended] stream of Pucker Street Landis Run: (State Route 100) ...... •742 I 2. The tables published under the Approximately 1,000 feet Sterling Brook: authority of § 67.11 are amended as downstream of New Hol- At the confluence with East follows: land Pike ...... •279 Branch Little River ...... •723 Approximately 150 feet Approximately 115 feet up- downstream of Butter stream of Moulton Lane •752 #Depth in • feet above Road ...... 306 West Branch Little River: ground. Maps available for inspection At the confluence with Little *Elevation at the Manheim Township River ...... •700 Source of flooding and location in feet Office, 1840 Municipal Drive, Approximately 75 feet up- (NGVD) Lancaster, Pennsylvania. stream of Mountain Road •Elevation • in feet (State Route 108) ...... 956 (NAVD) Vermont Maps available for inspection at the Stowe Town Hall, 67 Massachusetts Hinesburg (Town), Main Street, Stowe, Vermont. Chittenden County (FEMA Duxbury (Town), Plymouth Docket No. D–7610) Vermont County (FEMA Docket No. LaPlatte River: D–7604) At the downstream corporate West Rutland (Town), Rut- limit ...... •319 land County (FEMA Dock- Massachusetts Bay: et No. D–7610) Approximately 1,000 feet Approximately 100 feet up- southwest of the intersec- stream of Silver Street ...... •328 Clark Hill Brook: tion of Plymouth Avenue Patrick Brook: At the confluence with and Bay Avenue ...... *11 At the confluence with • • Clarendon River ...... 497 Approximately 250 feet east LaPlatte River ...... 325 Approximately 0.54 mile up- of the intersection of Plym- Approximately 50 feet up- stream of Casella Lane ..... •691 outh Avenue and Bay Ave- stream of the divergence • Urban Lateral: nue ...... *21 of The Canal ...... 362 At the confluence with Duxbury Bay/Bluefish River: The Canal: Castleton River ...... •484 Approximately 650 feet At the dam downstream of • Approximately 0.24 mile up- southwest of the intersec- State Route 116 ...... 346 stream of Millyard Culvert •492 tion of River Lane and At the divergence from Pat- • Maps available for inspection Washington Street ...... *10 rick Brook ...... 361 at the West Rutland Town Massachusetts Bay/Kingston Unnamed Diversion Channel: Hall, 35 Marble Street, West Bay: At the confluence with Pat- Rutland, Vermont. Approximately 500 feet rick Brook ...... •335 southeast of the intersec- At the divergence from The • tion of Loring Street and Canal ...... 347 (Catalog of Federal Domestic Assistance No. Bay Road ...... *11 Maps available for inspection 83.100, ‘‘Flood Insurance.’’) Approximately 850 feet south at the Hinesburg Town Hall, of the intersection of Bay 10632 Route 116, Hinesburg, Dated: May 18, 2005. Road and Landing Road ... *15 Vermont. Duxbury Bay: David I. Maurstad, Approximately 500 feet south Vermont Acting Director, Mitigation Division, of the intersection of Pow- Emergency Preparedness and Response der Point Avenue and King Stowe (Town), Lamoille Directorate. Caesar Road (intersection County (FEMA Docket No. closest to Powder Point D–7610) [FR Doc. 05–10614 Filed 5–26–05; 8:45 am] Bridge) ...... *17 East Branch Little River: BILLING CODE 9110–12–P

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Proposed Rules Federal Register Vol. 70, No. 102

Friday, May 27, 2005

This section of the FEDERAL REGISTER To support this data collection, OPM Subpart D—Paying for Training contains notices to the public of the proposed is clarifying established policy to ensure Expenses issuance of rules and regulations. The that agencies maintain records of their purpose of these notices is to give interested training plans and to require that they § 410.406 [Removed] persons an opportunity to participate in the report training data in the form as 3. Remove § 410.406. rule making prior to the adoption of the final rules. prescribed by the OPM Governmentwide Electronic Data Subpart G—Reporting Collection System. The 4. In subpart G, revise the subpart title OFFICE OF PERSONNEL Governmentwide system will allow to read as set forth above. MANAGEMENT agencies to maintain accurate records to 5. Revise § 410.701 to read as follows: facilitate reporting on a regular basis as 5 CFR Part 410 prescribed by the Guide to Personnel § 410.701 Reporting. RIN 3206—AK46 Recordkeeping (www.opm.gov/feddata/ (a) Each agency shall maintain records persdoc.asp) and the Guide to Human of training plans, expenditures, and Training Resources Reporting (www.opm.gov/ activities in such form and manner as feddata/guidance.asp). In addition, necessary to submit the recorded data to AGENCY: Office of Personnel there is a change in the period of time the Office of Personnel Management Management. required for retaining records in through the OPM Governmentwide ACTION: Proposed rule. subparts C and D, and a new method for Electronic Data Collection System. reporting requirements. (b) Each agency shall report the SUMMARY: The Office of Personnel training data for its employees’ training Management (OPM) is proposing to We seek comments from reviewers as to whether the proposed regulation and development at such times and in amend its regulations concerning such form as required for the OPM agency reporting requirements on clarifies agency’s responsibility to reporting data to the governmentwide Governmentwide Electronic Data training. The purpose of the revision is Collection System which is explained in to assist agencies to effectively collect system and to assure the guides listed assist agencies with implementation the Guide to Personnel Recordkeeping information that supports agency and the Guide to Human Resources determinations of its workforce training processes for reporting the data elements. Reporting needs, and document the results of (c) Each agency shall establish a training and development programs E.O. 12866, Regulatory Review Schedule of Records for information implemented to address those needs, by This rule has been reviewed by the required to be maintained by this requiring input into the OPM chapter in accordance with regulations Governmentwide electronic data Office of Management and Budget in accordance with Executive Order 12866. promulgated by the National Archives collection system. and Records Administration (NARA). DATES: Comments must be received on Regulatory Flexibility Act or before July 26, 2005. [FR Doc. 05–10641 Filed 5–26–05; 8:45 am] ADDRESSES: Send, deliver, or fax written I certify that these regulations would BILLING CODE 6325–38–P comments to Mark Doboga, Deputy not have a significant economic impact Associate Director for Talent and on a substantial number of small entities Capacity Policy, U.S. Office of because they would apply only to DEPARTMENT OF AGRICULTURE Personnel Management, Room 6551, Federal agencies and employees. Agricultural Marketing Service 1900 E Street NW., Washington, DC List of Subjects in 5 CFR Part 410 20415–9700; e-mail: [email protected]; 7 CFR Part 966 fax: (202) 606–2329. Education, Government employees. FOR FURTHER INFORMATION CONTACT: Office of Personnel Management. [Docket No. FV05–966–1 PR] Loretta L. Reeves by telephone at (202) Dan G. Blair, Tomatoes Grown in Florida; Revisions 606–2419, by fax at (202) 606–2329, by Acting Director. TDD at (202) 418–3134, or by e-mail at in Requirements for Certificates of [email protected]. Accordingly, OPM proposes to amend Privilege part 410 of 5 CFR as follows: SUPPLEMENTARY INFORMATION: OPM is AGENCY: Agricultural Marketing Service, issuing proposed regulations to amend PART 410—TRAINING USDA. the rules in 5 CFR part 410, subparts C, ACTION: Proposed rule. D, and G, which address agency training 1. The authority citation for part 410 records and reporting requirements. continues to read as follows: SUMMARY: This rule invites comments OPM is creating a Governmentwide Authority: 5 U.S.C. 4101, et seq., 4107; on revisions to the Certificate of electronic system to capture employee E.O. 11348, and (3 CFR, 1967 Comp., p 275). Privilege (COP) requirements currently human resource information, which will prescribed under the Florida tomato include training data. This system is Subpart C—Establishing and marketing order (order). The order explained and agency reporting Implementing Training Programs regulates the handling of tomatoes requirements defined in the Guide to grown in Florida and is administered Personnel Recordkeeping and the Guide § 410.311 [Removed] locally by the Florida Tomato to Human Resources Reporting. 2. Remove § 410.311. Committee (Committee). This rule

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would require those interested in referred to as the ‘‘order.’’ The order is order’s rules and regulations specify the receiving Florida tomatoes shipped effective under the Agricultural provisions required under a COP to under a COP to apply to the Committee Marketing Agreement Act of 1937, as allow tomatoes for pickling, processing, to become an approved receiver. This amended (7 U.S.C. 601–674), hereinafter charity, relief, export, or experimental rule would also clarify the definitions referred to as the ‘‘Act.’’ purposes to be shipped free from certain for processing and pickling as used in The Department of Agriculture order requirements. The COP the rules and regulations under the (USDA) is issuing this rule in procedures include safeguards to ensure order. These changes would assist the conformance with Executive Order that the tomatoes are shipped for these Committee in assuring that COP 12866. purposes. The safeguards are also tomatoes are disposed of into COP This proposal has been reviewed highlighted in § 966.323(c). Section outlets. under Executive Order 12988, Civil 966.323(g) provides the definition of Justice Reform. This rule is not intended processing. DATES: Comments received by July 26, to have retroactive effect. This proposal This rule would add a new § 966.124 2005, will be considered prior to will not preempt any State or local laws, to the order’s rules and regulations. This issuance of a final rule. Pursuant to the regulations, or policies, unless they section would require that handlers Paperwork Reduction Act, comments on present an irreconcilable conflict with could only ship tomatoes under a COP the information collection burden must this rule. to receivers approved by the Committee be received by July 26, 2005. The Act provides that administrative and would outline the receiver ADDRESSES: Interested persons are proceedings must be exhausted before application procedures. Section invited to submit written comments parties may file suit in court. Under 966.323(c) would also be modified to concerning this proposal. Comments section 608c(15)(A) of the Act, any reflect the new COP requirements. must be sent to the Docket Clerk, handler subject to an order may file The COP provisions allow tomatoes Marketing Order Administration with USDA a petition stating that the for pickling, processing, charity, relief, Branch, Fruit and Vegetable Programs, order, any provision of the order, or any export, or experimental purposes to be AMS, USDA, 1400 Independence obligation imposed in connection with shipped free from certain order Avenue SW., STOP 0237, Washington, the order is not in accordance with law requirements. Consequently, it is DC 20250–0237; Fax: (202) 720–8938, or and request a modification of the order important that adequate safeguards exist E-mail: [email protected]; or or to be exempted therefrom. A handler to assure that such tomatoes are Internet: http://www.regulations.gov. All is afforded the opportunity for a hearing disposed of properly. For example, the comments should reference the docket on the petition. After the hearing USDA Committee noted that tomatoes shipped number and the date and page number would rule on the petition. The Act during the 2003–04 season under a COP of this issue of the Federal Register and provides that the district court of the for processing were being shipped into will be made available for public United States in any district in which the domestic fresh market and not for inspection in the Office of the Docket the handler is an inhabitant, or has his the intended COP purpose. Clerk during regular business hours, or or her principal place of business, has The volume of tomatoes shipped for can be viewed at: http:// jurisdiction to review USDA’s ruling on processing under COPs is significant www.ams.usda.gov/fv/moab.html. the petition, provided an action is filed enough to negatively impact the market FOR FURTHER INFORMATION CONTACT: not later than 20 days after the date of for fresh tomatoes if these tomatoes are William G. Pimental, Southeast the entry of the ruling. utilized in markets other than those This rule would revise the COP Marketing Field Office, Marketing Order specified in the COP. Last season, nearly requirements currently prescribed under Administration Branch, Fruit and 500,000 25-pound equivalent units of the order. This action would require all Vegetable Programs, AMS, USDA, 799 Florida tomatoes were shipped under parties interested in receiving Florida Overlook Drive, Suite A, Winter Haven, COPs. Consequently, the Committee tomatoes shipped under a COP to apply Florida 33884–1671; Telephone: (863) agreed that additional steps need to be to the Committee to become an 324–3375; Fax: (863) 325–8793; or taken to ensure that tomatoes shipped approved receiver. This change would George Kelhart, Technical Advisor, under a COP are only utilized for the assist the Committee in preventing Marketing Order Administration purposes specified. tomatoes shipped under a COP from Last season, when the issue with COP Branch, Fruit and Vegetable Programs, entering unauthorized outlets. This rule tomatoes surfaced, the Committee staff AMS, USDA, 1400 Independence would also clarify the definitions for looked for ways to address the problem. Avenue SW., STOP 0237, Washington, processing and pickling as used in the Using the current safeguard procedures, DC 20250–0237; Telephone: (202) 720– rules and regulations under the order. those handlers who had shipped to 2491; Fax: (202) 720–8938. The Committee unanimously receivers that had used tomatoes Small businesses may request recommended these changes at a shipped under a COP for purposes information on complying with this meeting held on September 9, 2004. different than specified had their COPs regulation by contacting Jay Guerber, Section 966.54 of the order provides canceled. Some handlers noted that they Marketing Order Administration authority for the modification, had shipped the tomatoes to their Branch, Fruit and Vegetable Programs, suspension, and termination of receiver in good faith, and that the AMS, USDA, 1400 Independence regulations to facilitate the handling of receiver was responsible for the Avenue SW., STOP 0237, Washington, tomatoes for special purposes such as problem. Further, because the handlers DC 20250–0237; Telephone: (202) 720– export, charity, processing, or other had used COPs to ship to more than one 2491; Fax: (202) 720–8938; or E-mail: purposes as specified by the Committee receiver, those handlers affected were [email protected]. and approved by USDA. Section 966.56 no longer able to take advantage of the SUPPLEMENTARY INFORMATION: This of the order provides authority for the exemptions provided under the COP proposal is issued under Marketing application of adequate safeguards to provisions. Agreement No. 125 and Marketing prevent tomatoes handled pursuant to Considering this, the Committee Order No. 966, both as amended (7 CFR § 966.54 from entering channels of trade believes one way to help ensure that part 966), regulating the handling of for other than the specified purpose or tomatoes shipped under a COP are not tomatoes grown in Florida, hereinafter purposes. Sections 966.120–123 of the being misused is to provide for

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safeguards on receivers. To address the § 966.323 and would add a definition behalf. Thus, both statutes have small situation, the Committee recommended for pickling. Over the past few years, entity orientation and compatibility. that all receivers interested in receiving there have been an increasing number of There are approximately 100 tomatoes shipped under a COP be questions surrounding what constitutes producers of tomatoes in the production required to apply to the Committee to a fresh product and what constitutes area and approximately 80 handlers become an approved receiver. In processing. To help reduce any subject to regulation under the addition, handlers would only be able to confusion and to ensure uniformity, the marketing order. Small agricultural ship under a COP to those approved Committee believes it is important to producers are defined by the Small receivers. make the definitions for processing and Business Administration (SBA) as those Should a receiver utilize the tomatoes pickling in the order’s rules and having annual receipts less than for purposes other than specified under regulations as clear as possible. $750,000, and small agricultural service the COP, their status as an approved Currently, processing is defined as the firms are defined as those whose annual receiver with the Committee would be manufacture of any tomato product receipts are less than $6,000,000 (13 rescinded. As a result, such a receiver which has been converted into juice, or CFR 121.201). Currently, there are about would no longer be eligible to receive preserved by any commercial process, 20 receivers who obtain tomatoes under tomatoes from any handler under a including canning, dehydrating, drying, COPs. COP, but would only be able to receive and the addition of chemical Based on industry and Committee tomatoes meeting the existing grade and substances. This rule would amend this data, the average annual price for fresh size requirements under the order. definition to specify further that all Florida tomatoes during the 2003–04 Under the provisions that would be processing procedures must result in a season was approximately $8.04 per 25- added by this rule, anyone interested in product that does not require pound container, and fresh shipments receiving tomatoes under a COP would refrigeration until opened. for the 2003–04 season totaled have to file an application with the In addition to the changes to the 57,989,624 25-pound cartons of Committee for review and approval. definition for processing, a specific tomatoes. Committee data indicates This would include persons acquiring definition for pickling would also be approximately 25 percent of the tomatoes for processing or pickling, as added. Pickling would be defined as handlers handle 94 percent of the total well as tomatoes acquired for relief or tomatoes preserved in a brine or vinegar volume shipped outside the regulated charity, for export, for experimental solution. These clarifications should area. Based on the average price, about purposes, or for other purposes lessen the chance of confusion between 75 percent of handlers could be specified by the Committee. This handlers and purchasers regarding considered small businesses under application would include the name, tomatoes covered under a COP. SBA’s definition. Therefore, the address, telephone number, and e-mail The Committee believes this rule majority of Florida tomato handlers may address of applicant (receiver), the would strengthen the existing safeguard be classified as small entities. It is purpose for which the COP tomatoes provisions and would help deter the use believed that the majority of Florida would be used, physical address where of Florida COP tomatoes for tomato receivers and producers may be the stated privilege purpose would be unauthorized purposes. By requiring classified as small entities. accomplished, an indication of whether persons who wish to receive tomatoes This rule would revise the COP or not the receiver packs, repacks, or under COPs to apply to the Committee requirements currently prescribed under sells fresh tomatoes, a statement that the to become approved receivers, the the order. This rule would require those tomatoes obtained would only be used Committee would have additional interested in receiving Florida tomatoes for the purposes stated in the COP, a information regarding receivers and the shipped under a COP to apply to the statement agreeing to undergo random ability to rescind their approved Committee to become an approved inspections by the Committee, and an receiver status, if necessary. The receiver. This change would assist the agreement to submit reports as required. Committee also believes enhancing the Committee in assuring that tomatoes The Committee believes that this definitions for processed and pickled shipped under COPs are used for the additional information would be tomatoes would help further clarify the intended COP purposes. This rule valuable in helping to verify legitimate appropriate uses of tomatoes shipped would also clarify the definitions for receivers. under a COP. Therefore, the Committee processing and pickling as used in the The Committee staff would use the voted unanimously to make these rules and regulations under the order. information in the application to changes. These clarifications would help reduce investigate and approve receivers confusion between handlers and wanting to receive tomatoes under Initial Regulatory Flexibility Analysis purchasers of tomatoes covered under a COPs. The approved receivers and the Pursuant to requirements set forth in COP. The Committee unanimously tomatoes shipped under the COP the Regulatory Flexibility Act (RFA), the recommended these changes at a provisions would be monitored Agricultural Marketing Service (AMS) meeting held on September 9, 2004. throughout the year. If during the season has considered the economic impact of This rule would add a new § 966.124 to an approved receiver is found to be this action on small entities. the rules and regulations, amend the handling tomatoes in ways other than Accordingly, AMS has prepared this safeguard provisions specified in specified under the COP, that receiver’s initial regulatory flexibility analysis. § 966.323(c), and revise the definitions approval would be rescinded. The The purpose of the RFA is to fit specified in § 966.323(g). Authority for Committee believes this change would regulatory actions to the scale of these actions is provided for in help it better assure that COP tomatoes business subject to such actions in order §§ 966.54 and 966.56 of the order. were shipped into the intended COP that small businesses will not be unduly It is not anticipated that these changes outlets. Moreover, handlers who may or disproportionately burdened. would result in any increased costs for have shipped to non-compliant Marketing orders issued pursuant to the growers, handlers, or receivers who receivers would still be able to ship to Act, and rules issued thereunder, are comply with COP requirements. The other approved COP receivers. unique in that they are brought about Committee recommended these changes This rule also would amend the through group action of essentially to improve compliance with the definition for processing contained in small entities acting on their own provisions established under COPs.

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Because nearly 99 percent of Florida duplication by industry and public ‘‘Application for Registration as an tomato shipments are utilized in the sector agencies. Approved Receiver of Special Purpose domestic fresh market, it is important to The Committee’s meeting was widely Shipments.’’ This form would be filled assure that tomatoes shipped under publicized throughout the tomato out by persons wishing to receive COPs are disposed of properly. industry and all interested persons were tomatoes shipped under a COP, and Adequate safeguards are needed for this invited to attend the meeting and would be submitted to the Committee to purpose. participate in Committee deliberations. obtain approval as a receiver of special This action would have a beneficial Like all Committee meetings, the purpose shipments. The estimated impact on producers, handlers, and September 9, 2004, meeting was a increase in burden due to the new form receivers in that it would continue to public meeting and all entities, both required from each entity annually is 5 allow approved receivers to obtain COP large and small, were able to express minutes per person, with a total tomatoes. Handlers shipping to their views on this issue. Finally, increased burden estimated at 1.67 approved COP receivers also would interested persons are invited to submit hours. benefit because the non-compliant information on the regulatory and The form is needed so the Committee receivers would be removed from the informational impacts of this action on can collect information on persons Committee’s approved receiver list and small businesses. wishing to receive shipments of COP the handler could continue to take A small business guide on complying tomatoes. The Committee would advantage of the exemptions by with fruit, vegetable, and specialty crop evaluate this information and determine shipping to other approved COP marketing agreements and orders may whether an entity is qualified to receive receivers. Clarifying the definitions of be viewed at: http://www.ams.usda.gov/ COP tomatoes. This form would help processing and pickling would also help fv/moab.html. Any questions about the ensure compliance with the regulations alleviate some of the questions and any compliance guide should be sent to Jay and assist the Committee and the USDA confusion concerning what constitutes Guerber at the previously mentioned with oversight and planning. these procedures. The opportunities and address in the FOR FURTHER INFORMATION The information collected would be benefits of this rule are expected to be CONTACT section. used only by authorized representatives equally available to all tomato handlers As mentioned previously, this action of USDA, including AMS, Fruit and and growers regardless of their size of would require an additional collection Vegetable Programs regional and operation. of information. These information headquarters staff, and authorized However, requiring receivers to collection requirements are discussed in Committee employees. Authorized register with the Committee would the following section. Committee employees would be the impose an additional reporting burden primary users of the information and on both small and large receivers. Paperwork Reduction Act AMS would be the secondary user. Requiring receivers to apply annually In accordance with the Paperwork The request for approval of the would increase the annual burden by Reduction Act of 1995 (44 U.S.C. 3501 revised information collection under the five minutes per receiver, for a total et seq.), this notice announces that AMS order is as follows: burden of 1.67 hours (5 minutes per is seeking approval for a new form to Form FTC–111, ‘‘Application for response × 1 response per receiver × 20 collect additional information from Registration as an Approved Receiver of receivers). Although this action would persons interested in acquiring tomatoes Special Purpose Shipments’’. place an additional burden on receivers under a Certificate of Privilege (COP), Estimate of Burden: Public reporting of Florida COP tomatoes, the benefits of under Marketing Order No. 966, burden for this collection of information having the additional information Tomatoes Grown in Florida (order). is estimated to average 5 minutes per regarding receivers would outweigh the Upon Office of Management and Budget response. increase in reporting burden. (OMB) approval, the additional burden Respondents: Entities who acquire The Committee discussed alternatives will be merged into the information and/or process Florida tomatoes under a to this action. One alternative collection currently approved under COP annually. considered was to further restrict OMB No. 0581–0178, Vegetable and handlers when shipping tomatoes under Specialty Crops Marketing Orders. Estimated Number of Respondents: a COP. The Committee recognized that Title: Tomatoes Grown in Florida, 20. some industry members have developed Marketing Order No. 966. Estimated Number of Responses per markets for these tomatoes, which OMB Number: 0581-NEW. Respondent: 1. would otherwise be discarded. Type of Request: New collection. Estimated Total Annual Burden on Therefore, the Committee voted to make Abstract: The information collection Respondents: 1.67 hours. the changes in this rule rather than requirements in this request are Comments: Comments are invited on: further restricting this outlet. Another essential to carry out the intent of the (1) Whether the collection of alternative considered was to only Act, to provide the respondents the type information is necessary for the proper require processors and picklers to apply of service they request, and to performance of the functions of the to the Committee. However, the administer the Florida tomato marketing agency, including whether the Committee believed that the application order program, which has been information will have practical utility; process should be applicable to all operating since 1955. (2) the accuracy of the agency’s estimate parties receiving tomatoes under a COP. On September 9, 2004, the Committee of the burden of the collection of Consequently, this alternative was unanimously recommended revising the information, including the validity of rejected. order’s administrative rules and the methodology and assumptions used; USDA has not identified any relevant regulations to require persons wishing (3) ways to enhance the quality, utility, Federal rules that duplicate, overlap, or to receive Florida tomatoes exempt from and clarity of the information to be conflict with this proposed rule. As certain order requirements under a COP collected; and (4) ways to minimize the with all Federal marketing order to register with the Committee annually burden of the collection of information programs, reports and forms are and provide information on their on those who are to respond, including periodically reviewed to reduce facilities. This information would be the use of appropriate automated, information requirements and reported on form number FTC–111, electronic, mechanical, or other

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technological collection techniques or (7) A statement agreeing to submit Dated: May 20, 2005. other forms of information technology. such reports as is required by the Kenneth C. Clayton, Comments should reference OMB No. committee. Acting Administrator, Agricultural Marketing 0581-NEW and the Florida tomato (b) The committee, or its duly Service. marketing order, and be sent to USDA authorized agents, shall give prompt [FR Doc. 05–10468 Filed 5–26–05; 8:45 am] in care of the Docket Clerk at the consideration to each application for an BILLING CODE 3410–02–P previously mentioned address. All approved receiver and shall determine comments received will be available for whether the application is approved or public inspection during regular disapproved and notify the applicant DEPARTMENT OF TRANSPORTATION business hours at the same address. accordingly. All responses to this notice will be Federal Aviation Administration summarized and included in the request (c) The committee, or its duly for OMB approval. All comments will authorized agents, may rescind a 14 CFR Part 39 person’s approved receiver status upon become a matter of public record. [Docket No. 2000–NE–12–AD] In addition to the information proof satisfactory that such a receiver collection burden, this rule also invites has handled tomatoes contrary to the RIN 2120–AA64 comments on revising the regulations provisions established under the Airworthiness Directives; Turbomeca concerning the COP requirements. A 60- Certificate of Privilege. Such action S.A. Arrius Models 2B, 2B1, and 2F day comment period is provided to rescinding approved receiver status Turboshaft Engines allow interested persons to respond to shall apply to and not exceed a this proposal. All written comments reasonable period of time as determined AGENCY: Federal Aviation timely received will be considered prior by the committee or its duly authorized Administration (FAA), DOT. to finalization of this rule. agents. Any person who has been ACTION: Notice of proposed rulemaking List of Subjects in 7 CFR Part 966 denied as an approved receiver or who (NPRM). has had their approved receiver status Marketing agreements, Reporting and rescinded, may appeal to the committee SUMMARY: The FAA proposes to revise recordkeeping requirements, Tomatoes. for reconsideration. Such an appeal an existing airworthiness directive (AD) For the reasons set forth in the shall be made in writing. for Turbomeca S.A. Arrius Models 2B, 2B1, and 2F turboshaft engines. That AD preamble, 7 CFR part 966 is proposed to 3. In § 966.323, a new paragraph (c)(5) be amended as follows: currently requires replacing the right is added and paragraph (g) is amended injector half manifold, left injector half PART 966—TOMATOES GROWN IN by removing the last three sentences and manifold, and privilege injector pipe. FLORIDA adding five new sentences in their place This proposed AD would require the to read as follows: same actions, but relaxes the 1. The authority citation for 7 CFR compliance time for the repetitive part 966 continues to read as follows: § 966.323 Handling regulations. replacements on Arrius 2F engines. This Authority: 7 U.S.C. 601–674. * * * * * proposed AD results from Turbomeca (c)* * * relaxing the repetitive replacement 2. In Part 966, a new § 966.124 is interval for Arrius 2F engine fuel (5) Make shipments only to those who added to read as follows: nozzles based on review of returned fuel have qualified with the committee as § 966.124 Approved receiver. nozzles to Turbomeca. We are proposing approved receivers. this AD to prevent engine flameout (a) Approved receiver. Any person * * * * * during rapid deceleration, or the who desires to acquire, as an approved (g)* * *Processing as used in inability to maintain the 2.5 minutes receiver, tomatoes for purposes as set one engine inoperative (OEI) rating, and forth in § 966.120(a), shall annually, §§ 966.120 and 966.323 means the manufacture of any tomato product to prevent air path cracks due to prior thereto, file an application with blockage of the fuel injection manifolds. the committee on a form approved by it, which has been converted into juice, or DATES: which shall contain, but not be limited preserved by any commercial process, We must receive any comments to, the following information: including canning, dehydrating, drying, on this proposed AD by July 26, 2005. (1) Name, address, contact person, and the addition of chemical ADDRESSES: Use one of the following telephone number, and e-mail address substances. Further, all processing addresses to comment on this proposed of applicant; procedures must result in a product that AD: • By mail: Federal Aviation (2) Purpose of shipment; does not require refrigeration until opened. Pickling as used in §§ 966.120 Administration (FAA), New England (3) Physical address of where Region, Office of the Regional Counsel, manufacturing or other specified and 966.323 means to preserve tomatoes in a brine or vinegar solution. U.S. Attention: Rules Docket No. 2000–NE– purpose is to occur; 12–AD, 12 New England Executive Park, tomato standards means the revised (4) Whether or not the receiver packs, Burlington, MA 01803–5299. repacks or sells fresh tomatoes; United States Standards for Fresh • By fax: (781) 238–7055. (5) A statement that the tomatoes Tomatoes (7 CFR 51.1855 through • By e-mail: 9-ane- obtained exempt from the fresh tomato 51.1877), effective October 1, 1991, as [email protected]. regulations will not be resold or amended, or variations thereof specified You can get the service information transferred for resale, directly or in this section. Other terms in this identified in this proposed AD from indirectly, but will be used only for the section shall have the same meaning as Turbomeca S.A., 40220 Tarnos, France; purpose specified in the corresponding when used in Marketing Agreement No. telephone: (33) 05 59 64 40 00; fax: (33) certificate of privilege; 125, as amended, and this part, and the 05 59 64 60 80. (6) A statement agreeing to undergo U.S. tomato standards. You may examine the AD docket, by random inspection by the committee; appointment, at the FAA, New England

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Region, Office of the Regional Counsel, engines, from within 200 hours time-in- Costs of Compliance 12 New England Executive Park, service (TIS) since last replacement, to There are about 266 Turbomeca S.A. Burlington, MA. within 400 hours TIS since last Arrius Models 2B, 2B1, and 2F FOR FURTHER INFORMATION CONTACT: replacement. turboshaft engines of the affected design Christopher Spinney, Aerospace Relevant Service Information in the worldwide fleet. We estimate that Engineer, Engine Certification Office, 124 of these engines are installed on FAA, Engine and Propeller Directorate, Turbomeca has issued six revisions to alert service bulletin (ASB) No. A319 73 helicopters of U.S. registry. We also 12 New England Executive Park, estimate that it would take about two Burlington, MA 01803–5299; telephone: 2012, for Arrius 2B and 2B1 turboshaft engines and has issued seven revisions work hours per engine to perform the (781) 238–7175; fax: (781) 238–7199. proposed actions, and that the average SUPPLEMENTARY INFORMATION: to ASB No. A319 73 4001 for Arrius 2F turboshaft engines. These ASBs require labor rate is $65 per work hour. Comments Invited the replacement of the right injector half Required parts would cost about $14,320 per engine. The manufacturer We invite you to submit any written manifold, left injector half manifold, and privilege injector pipes, based on has advised the DGAC that it may relevant data, views, or arguments provide the parts at no cost to the regarding this proposal. Send your operating hours and power check operator, thereby substantially reducing comments to an address listed under performance. When replacing the the cost of this proposed rule. Based on ADDRESSES. Include ‘‘AD Docket No. manifolds for the first time, the ASBs these figures, we estimate the total cost 2000–NE–12–AD’’ in the subject line of also require a borescope inspection of of the proposed AD to U.S. operators, to your comments. If you want us to the flame tube and the high pressure replace all of the affected parts one time, acknowledge receipt of your mailed turbine (HPT) area. The DGAC classified to be $1,791,800. comments, send us a self-addressed, the original ASBs as mandatory and stamped postcard with the docket issued AD 1999–217(A) and AD 1999– Authority for This Rulemaking 233(A) in order to assure the number written on it; we will date- Title 49 of the United States Code airworthiness of these Turbomeca stamp your postcard and mail it back to specifies the FAA’s authority to issue you. We specifically invite comments turboshaft engines in France. rules on aviation safety. Subtitle I, on the overall regulatory, economic, Bilateral Agreement Information Section 106, describes the authority of environmental, and energy aspects of the FAA Administrator. Subtitle VII, the proposed AD. If a person contacts us These Turbomeca Arrius Models 2B, Aviation Programs, describes in more verbally, and that contact relates to a 2B1, and 2F turboshaft engines are detail the scope of the Agency’s substantive part of this proposed AD, manufactured in France and are type- authority. we will summarize the contact and certificated for operation in the United We are issuing this rulemaking under place the summary in the docket. We States under the provisions of § 21.29 of the authority described in Subtitle VII, will consider all comments received by the Federal Aviation Regulations (14 Part A, Subpart III, Section 44701, the closing date and may amend the CFR 21.29) and the applicable bilateral ‘‘General requirements.’’ Under that proposed AD in light of those airworthiness agreement. Pursuant to section, Congress charges the FAA with comments. this bilateral airworthiness agreement, the DGAC has kept us informed of the promoting safe flight of civil aircraft in Examining the AD Docket situation described above. We have air commerce by prescribing regulations You may examine the AD Docket examined the DGAC’s findings, for practices, methods, and procedures (including any comments and service reviewed all available information, and the Administrator finds necessary for information), by appointment, between determined that AD action is necessary safety in air commerce. This regulation 8 a.m. and 4:30 p.m., Monday through for products of this type design that are is within the scope of that authority Friday, except Federal holidays. See certificated for operation in the United because it addresses an unsafe condition ADDRESSES for the location. States. that is likely to exist or develop on products identified in this rulemaking Discussion FAA’s Determination and Requirements action. of the Proposed AD On April 16, 2001, we issued AD Regulatory Findings 2001–08–14, Amendment 39–12218 (66 We are proposing this AD, which FR 20910, April 26, 2001). That AD would: We have determined that this requires replacing the right injector half • Relax the repetitive replacement proposed AD would not have federalism manifold, left injector half manifold, compliance time for Arrius 2F engines implications under Executive Order and privilege injector pipe. That AD in AD 2001–08–14, from 200 hours TIS 13132. This proposed AD would not results from reports from the Direction to 400 hours TIS; and have a substantial direct effect on the Generale de L’Aviation Civile (DGAC), • As in AD 2001–08–14, replace the States, on the relationship between the which is the airworthiness authority for right injector half manifolds, left national Government and the States, or France, of partially or totally blocked injector half manifolds, and privilege on the distribution of power and fuel injection manifolds, which were injector pipes with 200 or more hours responsibilities among the various found during inspections at a repair TIS on the effective date of the proposed levels of government. workshop. AD within 30 days after the effective For the reasons discussed above, I date of the proposed AD; and certify that the proposed regulation: Actions Since AD 2001–08–14 Was • As in AD 2001–08–14, thereafter, 1. Is not a ‘‘significant regulatory Issued for Arrius Models 2B and 2B1 turboshaft action’’ under Executive Order 12866; Since we issued AD 2001–08–14, we engines, replace injector manifolds 2. Is not a ‘‘significant rule’’ under the became aware that Turbomeca S.A. has within 200 hours TIS since last DOT Regulatory Policies and Procedures relaxed the repetitive replacement replacement. (44 FR 11034, February 26, 1979); and interval for the right injector half The proposed AD would require you 3. Would not have a significant manifold, left injector half manifold, to use the service information described economic impact, positive or negative, and privilege injector pipe, on Arrius 2F previously to perform these actions. on a substantial number of small entities

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under the criteria of the Regulatory Initial Replacement Issued in Burlington, Massachusetts, on Flexibility Act. (a) If not already done in accordance with May 23, 2005. We prepared a summary of the costs Turbomeca Alert Service Bulletin (ASB) No. Jay J. Pardee, to comply with this proposal and placed A319 73 2012, Revision 2, dated May 25, Manager, Engine and Propeller Directorate, it in the AD Docket. You may get a copy 1999, or Revision 3, dated July 21, 2000, or Aircraft Certification Service. of this summary by sending a request to ASB No. A319 73 4001, Revision 3, dated [FR Doc. 05–10634 Filed 5–26–05; 8:45 am] May 25, 1999 or Revision 4, dated October BILLING CODE 4910–13–P us at the address listed under 20, 2000, replace injector manifolds and ADDRESSES. Include ‘‘AD Docket No. borescope-inspect the flame tube and the 2000–NE–12–AD’’ in your request. high pressure turbine area within 30 days DEPARTMENT OF TRANSPORTATION List of Subjects in 14 CFR Part 39 after the effective date of this AD, or prior to exceeding 200 hours time-in-service (TIS), Federal Aviation Administration Air transportation, Aircraft, Aviation whichever is later. Do these in accordance safety, Safety. with Instructions 2.A. through 2.C. of Turbomeca ASB No. A319 73 2012, Revision 14 CFR Part 39 The Proposed Amendment 6, dated August 14, 2004 for Arrius 2B and [Docket No. 2003–NE–38–AD] 2B1 turboshaft engines, and ASB No. A319 Accordingly, pursuant to the 73 4001, Revision 7, dated August 14, 2004, RIN 2120–AA64 authority delegated to me by the for Arrius 2F turboshaft engines, except that Administrator, the Federal Aviation replacement may be done at any Airworthiness Directives; Rolls-Royce Administration proposes to amend 14 appropriately rated repair shop. plc RB211 Trent 800 Series Turbofan Engines CFR part 39 as follows: Repetitive Replacements AGENCY: PART 39—AIRWORTHINESS (b) Thereafter, replace injector manifolds, Federal Aviation DIRECTIVES in accordance with Instructions 2.A. through Administration (FAA), DOT. 2.C. of Turbomeca ASB No. A319 73 2012, ACTION: Notice of proposed rulemaking 1. The authority citation for part 39 Revision 6, dated August 14, 2004 for Arrius (NPRM). continues to read as follows: 2B and 2B1 turboshaft engines, and ASB No. A319 73 4001, Revision 7, dated August 14, SUMMARY: The FAA proposes to Authority: 49 U.S.C. 106(g), 40113, 44701. 2004, for Arrius 2F turboshaft engines, except supersede an existing airworthiness that replacement may be done at any § 39.13 [Amended] directive (AD) for Rolls-Royce plc (RR) appropriately rated repair shop, as follows: models RB211 Trent 875–17, Trent 877– 2. The FAA amends § 39.13 by (1) For Arrius 2B and 2B1 engines, replace 17, Trent 884–17, Trent 884B–17, Trent removing Amendment 39–12218 (66 FR within 200 hours TIS since last injector 892–17, Trent 892B–17, and Trent 895– 20910, April 26, 2001) and by adding a manifolds replacement. 17 turbofan engines with low pressure new airworthiness directive, to read as (2) For Arrius 2F engines, replace within (LP) compressor fan blades, part number follows: 400 hours TIS since last injector manifolds replacement. (P/N) FW18548 installed. That AD Turbomeca: Docket No. 2000–NE–12–AD. (3) For all engines, replace injector currently requires LP compressor fan Revises AD 2001–08–14, Amendment manifolds before further flight after blade replacement with new or 39–12218. performing the applicable flight manual or previously reworked blades, or rework of the existing LP compressor fan Applicability overhaul manual power check if that check shows a negative turbine outlet temperature blades. This proposed AD would require This airworthiness directive (AD) is (TOT) margin or negative T4 margin. the same actions but at reduced applicable to Arrius Models 2B, 2B1, and 2F compliance times for certain airplane engines. These engines are installed on but Definition and engine rating combinations and not limited to Eurocopter France Model (c) For the purposes of this AD, time-in- EC120B and Eurocopter Deutschland EC135 service (TIS) is defined as the number of certain maximum gross weight limits. T1 rotorcraft. engine operating hours on the manifolds This proposed AD results from a Note 1: This AD applies to each engine since the manifolds were new or since the number of new production LP identified in the preceding applicability manifolds were refurbished. compressor blades found with surfaces provision, regardless of whether it has been formed outside of design intent. We are Alternative Methods of Compliance modified, altered, or repaired in the area proposing this AD to prevent possible subject to the requirements of this AD. For (d) An alternative method of compliance or multiple uncontained LP compressor engines that have been modified, altered, or adjustment of the compliance time that fan blade failure, due to cracking in the repaired so that the performance of the provides an acceptable level of safety may be used if approved by the Manager, Engine blade root caused by increased stresses requirements of this AD is affected, the in the shear key slots. owner/operator must request approval for an Certification Office. Operators shall submit alternative method of compliance in their request through an appropriate FAA DATES: We must receive any comments accordance with paragraph (d) of this AD. Principal Maintenance Inspector, who may on this proposed AD by July 26, 2005. The request should include an assessment of add comments and then send it to the ADDRESSES: Use one of the following the effect of the modification, alteration, or Manager, Engine Certification Office. addresses to comment on this proposed repair on the unsafe condition addressed by Note 2: Information concerning the AD: this AD; and, if the unsafe condition has not existence of approved alternative methods of • By mail: Federal Aviation been eliminated, the request should include compliance with this airworthiness directive, Administration (FAA), New England specific proposed actions to address it. if any, may be obtained from the Engine Region, Office of the Regional Counsel, Certification Office. Compliance Attention: Rules Docket No. 2003–NE– Compliance with this AD is required as Special Flight Permits 38–AD, 12 New England Executive Park, indicated, unless already done. (e) Special flight permits may be issued in Burlington, MA 01803–5299. • By fax: (781) 238–7055. To prevent engine flameout and the accordance with §§ 21.197 and 21.199 of the • inability to maintain the 2.5 minutes one Federal Aviation Regulations (14 CFR 21.197 By e-mail: 9-ane- engine inoperative (OEI) rating due to and 21.199) to operate the aircraft to a [email protected]. blockage of the fuel injection manifolds, do location where the requirements of this AD You can get the service information the following: can be accomplished. identified in this proposed AD from

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Rolls-Royce plc, PO Box 31, Derby, engine rating combinations. These total cost of the proposed AD to U.S. England, DE248BJ; telephone: 011–44– rating combinations also take into operators to be $689,000. 1332–242424; fax: 011–44–1332– account the airplane gross weight. Authority for This Rulemaking 245418. You may examine the AD docket, by Relevant Service Information Title 49 of the United States Code appointment, at the FAA, New England We have reviewed and approved the specifies the FAA’s authority to issue Region, Office of the Regional Counsel, technical contents of RR Service rules on aviation safety. Subtitle I, 12 New England Executive Park, Bulletin (SB) No. RB.211–72–E044, Section 106, describes the authority of Burlington, MA. Revision 2, dated October 8, 2004, that the FAA Administrator. Subtitle VII, FOR FURTHER INFORMATION CONTACT: describes procedures for inspecting and Aviation Programs, describes in more Christopher Spinney, Aerospace reworking LP compressor fan blades detail the scope of the Agency’s Engineer, Engine Certification Office, P/N FW18548, that utilize the shear key authority. FAA, Engine And Propeller Directorate, blade retention device. The CAA We are issuing this rulemaking under 12 New England Executive Park; classified this service bulletin as the authority described in Subtitle VII, Burlington, MA 01803–5299; telephone mandatory and issued AD G–2004– Part A, Subpart III, Section 44701, (781) 238–7175; fax (781) 238–7199. 0030, dated December 23, 2004, in order ‘‘General requirements.’’ Under that SUPPLEMENTARY INFORMATION: to ensure the airworthiness of these section, Congress charges the FAA with RB211 Trent 800 series turbofan engines promoting safe flight of civil aircraft in Comments Invited in the U.K. air commerce by prescribing regulations We invite you to send any written for practices, methods, and procedures relevant data, views, or arguments Bilateral Agreement Information the Administrator finds necessary for regarding this proposal. Send your This engine model is manufactured in safety in air commerce. This regulation comments to an address listed under the U.K. and is type certificated for is within the scope of that authority ADDRESSES. Include ‘‘AD Docket No. operation in the United States under the because it addresses an unsafe condition 2003–NE–38–AD’’ in the subject line of provisions of Section 21.29 of the that is likely to exist or develop on your comments. If you want us to Federal Aviation Regulations (14 CFR products identified in this rulemaking acknowledge receipt of your mailed 21.29) and the applicable bilateral action. comments, send us a self-addressed, airworthiness agreement. In keeping Regulatory Findings stamped postcard with the docket with this bilateral airworthiness number written on it; we will date- agreement, the CAA has kept the FAA We have determined that this stamp your postcard and mail it back to informed of the situation described proposed AD would not have federalism you. We specifically invite comments above. We have examined the findings implications under Executive Order on the overall regulatory, economic, of the CAA, reviewed all available 13132. This proposed AD would not environmental, and energy aspects of information, and determined that AD have a substantial direct effect on the the proposed AD. If a person contacts us action is necessary for products of this States, on the relationship between the verbally, and that contact relates to a type design that are certificated for national Government and the States, or substantive part of this proposed AD, operation in the United States. on the distribution of power and we will summarize the contact and responsibilities among the various place the summary in the docket. We FAA’s Determination and Requirements levels of government. will consider all comments received by of the Proposed AD For the reasons discussed above, I the closing date and may amend the certify that the proposed regulation: We have evaluated all pertinent proposed AD in light of those 1. Is not a ‘‘significant regulatory information and identified an unsafe comments. action’’ under Executive Order 12866; condition that is likely to exist or 2. Is not a ‘‘significant rule’’ under the Examining the AD Docket develop on other products of this same DOT Regulatory Policies and Procedures You may examine the AD Docket type design. Therefore, we are (44 FR 11034, February 26, 1979); and (including any comments and service proposing this AD, which would require 3. Would not have a significant information), by appointment, between at or before the accumulation of certain economic impact, positive or negative, 8 a.m. and 4:30 p.m., Monday through cycles-since-new based on airplane and on a substantial number of small entities Friday, except Federal holidays. See engine rating combinations and airplane under the criteria of the Regulatory ADDRESSES for the location. gross weight, replacement of LP Flexibility Act. compressor fan blades with new or Discussion We prepared a summary of the costs previously reworked LP compressor fan to comply with this proposal and placed On July 14, 2004, we issued AD 2004– blades, or rework of the existing blades. it in the AD Docket. You may get a copy 15–02, Amendment 39–13736 (69 FR The proposed AD would require that of this summary by sending a request to 44925, July 28, 2004). That AD requires you do these actions using the service us at the address listed under LP compressor fan blade replacement information described previously. ADDRESSES. Include ‘‘AD Docket No. with new or previously reworked Costs of Compliance 2003–NE–38–AD’’ in your request. blades, or rework of the existing LP compressor fan blades. The Civil About 392 RR RB211 Trent 800 series List of Subjects in 14 CFR Part 39 Aviation Authority (CAA), which is the turbofan engines of the affected design Air transportation, Aircraft, Aviation airworthiness authority for the United are in the worldwide fleet. We estimate safety, Safety. Kingdom (U.K.), notified the FAA that that this proposed AD would affect 106 an unsafe condition may exist on Rolls- engines installed on airplanes of U.S. The Proposed Amendment Royce plc RB211 Trent 800 Series registry. We also estimate that about 100 Accordingly, under the authority turbofan engines. The CAA advises that work hours per engine are needed to delegated to me by the Administrator, RR has introduced revised rework lives perform blade rework, and that the the Federal Aviation Administration for LP compressor fan blades, P/N average labor rate is $65 per work hour. proposes to amend 14 CFR part 39 as FW18548, in redefined airplane and Based on these figures, we estimate the follows:

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PART 39—AIRWORTHINESS airworthiness directive (AD) action by July are issuing this AD to prevent possible DIRECTIVES 26, 2005. multiple uncontained LP compressor fan Affected ADs blade failure, due to cracking in the blade 1. The authority citation for part 39 root caused by increased stresses in the shear continues to read as follows: (b) This AD supersedes AD 2004–15–02, key slots. Amendment 39–13736. Authority: 49 U.S.C. 106(g), 40113, 44701. Compliance Applicability (e) You are responsible for having the § 39.13 [Amended] (c) This AD applies to Rolls-Royce plc (RR) 2. The FAA amends § 39.13 by models RB211 Trent 875–17, Trent 877–17, actions required by this AD performed within removing Amendment 39–13736 (69 FR Trent 884–17, Trent 884B–17, Trent 892–17, the compliance times specified unless the actions have already been done. 44925, July 28, 2004) and by adding a Trent 892B–17, and Trent 895–17 turbofan new airworthiness directive, to read as engines, with low pressure (LP) compressor Actions Required for LP Compressor Fan follows: fan blades, part number FW18548 installed. Blades These engines are installed on, but not Rolls-Royce plc: Docket No. 2003–NE–38– limited to, Boeing 777 series airplanes. (f) Replace LP compressor fan blades with AD. new or previously reworked LP compressor Unsafe Condition blades before accumulating the specified Comments Due Date (d) This AD results from a number of new cycles-since-new (CSN) in the following (a) The Federal Aviation Administration production LP compressor blades found with Table 1, or rework the existing blades as (FAA) must receive comments on this surfaces formed outside of design intent. We specified in paragraph (g) of this AD.

TABLE 1.—LP COMPRESSOR FAN BLADE REPLACEMENT OR REWORK SCHEDULE

Replace or re- work LP com- Boeing 777 series Airplane maximum gross weight RB211 Trent engine model pressor fan (times 1,000 pounds) blades before accumulating

–300 ...... 660, 632.5 ...... –884, –892, –884B ...... 2,400 CSN. –200 ...... 656 ...... –892, –895 ...... 2,400 CSN. –200 ...... 648 ...... –892, –892B ...... 3,200 CSN. –200 ...... 632.5 ...... –892B ...... 3,200 CSN. –200 ...... 632.5 ...... –892 ...... 4,100 CSN. –200 ...... 555 ...... –884 ...... 4,100 CSN. –200 ...... 545 ...... –877 ...... 4,100 CSN. –200 ...... 535 ...... –875 ...... 4,100 CSN. –200 ...... 506 ...... –875 ...... 4,100 CSN.

(g) Rework LP compressor fan blades at or Alternative Methods of Compliance DEPARTMENT OF COMMERCE before accumulating the specified CSN in (j) The Manager, Engine Certification Table 1 of this AD. Follow paragraphs 3.B.(1) Office, has the authority to approve Bureau of Industry and Security through 3.B.(22) of Accomplishment alternative methods of compliance for this Instructions of RR service bulletin (SB) No. AD if requested using the procedures found 15 CFR Parts 734 and 772 RB.211–72–E044, Revision 2, dated October in 14 CFR 39.19. 8, 2004, to do the blade rework. [Docket No. 050316075–5133–02] (h) For engines moved between Related Information configurations, calculate the cycles (k) CAA airworthiness directive G–2004– RIN: 0694–AD29 remaining using either of the following: 030, dated December 23, 2004, and RR Alert (1) Subtract the total CSN from the most SB No. RB.211–72–AE055, Revision 4, dated Revision and Clarification of Deemed limiting configuration’s limit from Table 1 of December 9, 2004, pertain to the subject of Export Related Regulatory this AD; or this AD. Requirements (2) Calculate the cycles remaining using Issued in Burlington, Massachusetts, on the following equation: May 23, 2005. AGENCY: Bureau of Industry and Security, Commerce.    Jay J. Pardee, X X X ACTION: Advance notice of proposed XL=−+++1 1 2 3 .....  Manager, Engine and Propeller Directorate, rc  rulemaking; extension of comment   L L L  Aircraft Certification Service. 1 2 3 period. Where: [FR Doc. 05–10635 Filed 5–26–05; 8:45 am] Xr = Cycles remaining in current BILLING CODE 4910–13–P SUMMARY: This notice extends the configuration. comment period on an advance notice Lc = Cyclic limit of current configuration of proposed rulemaking addressing from Table 1 of this AD. potential regulatory and policy changes Xn = Cycles accumulated in configuration n. that would effect existing BIS deemed Ln = Cyclic limit in configuration n from export licensing practices. BIS is Table 1 of this AD. continuing to seek comments on how (i) Information on the source life of the these revisions would impact industry, cycle limits in Table 1 of this AD can be the academic community, and U.S. found in RR Alert SB No. RB.211–72–AE055, government agencies involved in Revision 3, dated May 28, 2004. research. The new comment period deadline is June 27, 2005.

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DATES: Comments must be received by DEPARTMENT OF HOMELAND Agenda of Meeting June 27, 2005. SECURITY The agenda includes the following: (1) Introduction of panel members. ADDRESSES: You may submit comments, Coast Guard identified by RIN 0694–AD29, by any of (2) Overview of meeting format. (3) Background on proposed marine the following methods: 33 CFR Part 100 event. • Federal eRulemaking Portal: http:// (4) Statements from citizens. www.regulations.gov. Follow the [CGD05–05–020] Statements may be delivered in written instructions for submitting comments. form at the public meeting and made Special Local Regulations for Marine • E-mail to part of the docket or delivered orally not Events; Piankatank River, Gloucester to exceed 10 minutes. [email protected]. Include County, VA ‘‘RIN 0694–AD29’’ in the subject line of Procedural the message. AGENCY: Coast Guard, DHS. The meeting is open to the public. • Fax: 202–482–3355. ACTION: Notice of meeting. Please note that the meeting may close • early if all business is finished. Mail or Hand Delivery/Courier: U.S. SUMMARY: The Coast Guard will hold a Department of Commerce, Bureau of Members of the public may make oral public meeting to provide a forum for presentations during the meeting. If you Industry and Security, Regulatory Policy citizens to provide oral comments Division, 14th & Pennsylvania Avenue, would like to make an oral presentation relating to the ‘‘2005 Piankatank River at the meeting, please notify the meeting NW., Room 2705, Washington, DC Race’’, a marine event proposed to be coordinator at the address listed under 20230, ATTN: RIN 0694–AD29. held over the waters of the Piankatank ADDRESSES by June 24, 2005. River in Gloucester County, Virginia on FOR FURTHER INFORMATION CONTACT: Alex July 23, 2005. The meeting will be open Information on Services for Individuals Lopes, Director, Deemed Exports and to the public. With Disabilities Electronics Division, Bureau of Industry and Security, Telephone: (202) 482– DATES: This public meeting will be on For information on facilities or 4875, or e-mail: [email protected]. Wednesday, June 29, 2005, from 10 a.m. services for individuals with disabilities Copies of the referenced OIG Report are to 2 p.m. The meeting may close early or to request special assistance at the if all business is finished. Written available at http://www.oig.doc.gov/oig/ meeting, contact the meeting material and requests to make oral coordinator as soon as possible. reports/2004/BIS-IPE-16176-03- presentations should reach the Coast Dated: May 6, 2005. 2004.pdf. Guard on or before June 24, 2005. Lawrence J. Bowling, SUPPLEMENTARY INFORMATION: On March ADDRESSES: The Coast Guard public Captain, U.S. Coast Guard, Commander, Fifth 28, 2005 the Bureau of Industry and meeting will be held at the Gloucester Coast Guard District Acting. Security published an advance notice of County Library, 6920 Main Street, [FR Doc. 05–10363 Filed 5–26–05; 8:45 am] Gloucester, VA, 23061. Send written proposed rulemaking that addresses BILLING CODE 4910–15–P possible regulatory and policy changes material and requests to make oral would revise the Export Administration presentations to Dennis Sens, Regulations by adopting Commander (oax), U.S. Coast Guard DEPARTMENT OF HOMELAND recommendations from a report by the Fifth District, 431 Crawford Street, SECURITY Office of Inspector General (OIG). Portsmouth, VA 23321. Adopting the OIG’s recommendations FOR FURTHER INFORMATION CONTACT: Coast Guard would entail regulatory or other Dennis Sens, Recreational Boating 33 CFR Part 165 administrative action related to Safety Specialist, Fifth Coast Guard clarifying the definition of ‘‘use’’ District, telephone 757–398–6204, Fax [CGD01–05–044] 757–398–6203. technology subject to the EAR, RIN 1625–AA00 evaluating a foreign national’s SUPPLEMENTARY INFORMATION: This successive citizenship or permanent notice of meeting is in response to the Safety Zone; Yankee Homecoming residency, and modifying regulatory notice of proposed rulemaking, (NPRM), Fireworks, Newburyport, MA guidance on licensing technology to published in the Federal Register on AGENCY: Coast Guard, DHS. foreign nationals working with March 29, 2005, (Volume 70, pages ACTION: government-sponsored and university- 15788–15790). The purpose of this Notice of proposed rulemaking. public meeting is to provide an based research. opportunity for citizens to provide oral SUMMARY: The Coast Guard proposes The deadline for public comment was or written comments regarding a establishing a temporary safety zone for May 27, 2005 (70 FR 15607). The proposed marine event on the the Yankee Homecoming Fireworks in Bureau is now extending the comment Piankatank River. The East Coast Boat Newburyport, Massachusetts. The safety period until June 27, 2005, to allow the Racing Club of New Jersey proposes to zone is necessary to protect the life and public more time to comment on this sponsor the ‘‘2005 Piankatank River property of the maritime public from the proposed rule. Race’’ on July 23, 2005. The event potential hazards posed by a fireworks display. The safety zone would Dated: May 20, 2005. would consist of approximately 20 New Jersey Speed Garveys and Jersey Speed temporarily prohibit entry into or Eileen Albanese, Skiffs conducting high-speed movement within this portion of the Director, Office of Exporter Services. competitive races along an oval Merrimack River during its effective [FR Doc. 05–10672 Filed 5–26–05; 8:45 am] racecourse in close proximity to the period. BILLING CODE 3510–33–P Thousand Trails Campground, over the DATES: Comments and related material waters of the Piankatank River, must reach the Coast Guard on or before Gloucester, Virginia. June 27, 2005.

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ADDRESSES: You may mail comments Discussion of Proposed Rule comprises small businesses, not-for- and related material to Sector Boston The Coast Guard proposes profit organizations that are 427 Commercial Street, Boston, MA. establishing a temporary safety zone in independently owned and operated and Sector Boston maintains the public a portion of the Merrimack River. The are not dominant in their fields, and docket for this rulemaking. Comments temporary safety zone would be in effect governmental jurisdictions with and material received from the public, from 8:30 p.m. until 10:30 p.m. EDT on populations of less than 50,000. The Coast Guard certifies under 5 as well as documents indicated in this August 6, 2005. Marine traffic may U.S.C. 605(b) that this rule will not have preamble as being available in the transit safely outside of the safety zone a significant economic impact on a docket are part of docket CGD01–05– during the event thereby allowing substantial number of small entities. 044 and are available for inspection or navigation of the Merrimack River This proposed rule would affect the copying at Sector Boston, 427 except for the portion delineated by this following entities, some of which may Commercial Street, Boston, MA between rule. This safety zone will control vessel be small entities: The owners or the hours of 8 a.m. and 3 p.m., Monday traffic during the fireworks event to operators of vessels intending to transit through Friday, except Federal holidays. protect the safety of the maritime or anchor in the effected portion of the FOR FURTHER INFORMATION CONTACT: public. Merrimack River from 8:30 p.m. until Chief Petty Officer Paul English, Sector Given the limited time frame of the 10:30 p.m. EDT August 6, 2005. Boston, Waterways Management firework display and because the zone Division, at (617) 223–3010. This safety zone would not have a leaves the majority of the Merrimack significant economic impact on a SUPPLEMENTARY INFORMATION: River open for navigation, the Captain of substantial number of small entities for the Port anticipates minimal negative Request for Comments the following reasons: Vessel traffic can impact on vessel traffic due to this safely pass outside of the safety zone We encourage you to participate in event. Public notifications will be made during the effective period, the period is this rulemaking by submitting prior to the effective period via local limited in duration, and advance comments and related material. If you media, local notice to mariners and notification via safety marine do so, please include your name and marine information broadcasts. informational broadcast and local notice address, identify the docket number for Regulatory Evaluation to mariners. the rulemaking (CGD01–05–044), If you think that your business, This proposed rule is not a indicate the specific section of this organization, or governmental ‘‘significant regulatory action’’ under document to which each comment jurisdiction qualifies as a small entity section 3(f) of Executive Order 12866, applies, and give the reason for each and that this rule would have a Regulatory Planning and Review, and comment. Please submit all comments significant economic impact on it, does not require an assessment of and related materials in an unbound please submit a comment (see potential costs and benefits under format, no larger than 8.5 by 11 inches, ADDRESSES) explaining why you think it section 6(a)(3) of that Order. The Office suitable for copying. If you would like qualifies and how and to what degree of Management and Budget has not to know that your submission reached this rule would economically effect it. us, please enclose a stamped, self- reviewed it under that Order. It is not addressed postcard or envelope. We ‘‘significant’’ under the regulatory Assistance for Small Entities may change this proposed rule in view policies and procedures of the Under section 213(a) of the Small of them. Department of Homeland Security Business Regulatory Enforcement (DHS). Public Meeting Fairness Act of 1996 (Public Law 104– The Coast Guard expects the 121), we want to assist small entities in We do not plan to hold a public economic impact of this proposed rule understanding this proposed rule so that meeting. But you may submit a request to be so minimal that a full Regulatory they can better evaluate its effects on for a meeting by writing to Sector Evaluation under paragraph 10e of the them and participate in the rulemaking. Boston at the address under ADDRESSES regulatory policies and procedures of If the rule would effect your small explaining why one would be DHS is unnecessary. business, organization, or governmental beneficial. If we determine that one Although this regulation prevents jurisdiction and you have questions would aid this rulemaking, we will hold vessel traffic from transiting into a concerning its provisions or options for one at a time and place announced by portion of the Merrimack River during compliance, please contact Chief Petty a later notice in the Federal Register. this event, the effect of this regulation Officer Paul English at the address listed will not be significant for several Background and Purpose under ADDRESSES. The Coast Guard will reasons: Vessels will be excluded from not retaliate against small entities that This proposed rule would establish a the area of the safety zone for only two question or complain about this rule or safety zone on the waters of the hours; vessels will be able to operate in any policy or action of the Coast Guard. Merrimack River Bay within a two the majority of the Merrimack River hundred yard radius of Cashman Park during this time period; and advance Collection of Information located at approximate position notifications will be made to the local This rule would call for no new 42°48.58″ N, 070°52.41″ W. The safety maritime community by marine collection of information under the zone would be in effect from 8:30 p.m. information broadcasts and Local Notice Paperwork Reduction Act of 1995 (44 until 10:30 p.m. on August 6, 2005. to Mariners. U.S.C. 3501–3520). This safety zone is necessary to protect the life and property of the Small Entities Federalism maritime public from the dangers posed Under the Regulatory Flexibility Act A rule has implications for federalism by this fireworks display. It would (5 U.S.C. 601–612), the Coast Guard under Executive Order 13132, protect the public by temporarily considered whether this proposed rule Federalism, if it has a substantial direct prohibiting entry into or movement would have a significant economic effect on State or local governments and within this portion of the Merrimack impact on a substantial number of small would either preempt State law or River. entities. The term ‘‘small entities’’ impose a substantial direct cost of

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compliance on them. We have analyzed under Executive Order 12866 and is not PART 165—REGULATED NAVIGATION this proposed rule under that Order and likely to have a significant adverse effect AREAS AND LIMITED ACCESS AREAS have determined that it does not have on the supply, distribution, or use of implications for federalism. energy. The Administrator of the Office 1. The authority citation for part 165 of Information and Regulatory Affairs continues to read as follows: Unfunded Mandates Reform Act has not designated it as a significant Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. The Unfunded Mandates Reform Act energy action. Therefore, it does not Chapter 701; 50 U.S.C. 191, 195; 33 CFR of 1995 (2 U.S.C. 1531–1538) requires require a Statement of Energy Effects 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Federal agencies to assess the effects of under Executive Order 13211. 107–295, 116 Stat. 2064; Department of their discretionary regulatory actions. In Homeland Security Delegation No. 0170.1. particular, the Act addresses actions Technical Standards 2. Add temporary § 165.T01–044 to that may result in the expenditure by a The National Technology Transfer read as follows: State, local or tribal government, in the and Advancement Act (NTTAA) (15 aggregate, or by the private sector of § 165.T01–044 Safety Zone; Yankee U.S.C. 272 note) directs agencies to use Homecoming Fireworks, Newburyport, $100,000,000 or more in any one year. voluntary consensus standards in their Massachusetts. Though this proposed rule would not regulatory activities unless the agency (a) Location. The following area is a result in such an expenditure, we do provides Congress, through the Office of safety zone: All waters of the Merrimack discuss the effects of this rule elsewhere Management and Budget, with an River within a 200 yard radius of in this preamble. explanation of why using these Cashman Park, at approximate position standards would be inconsistent with Taking of Private Property 42°48.58″ N, 070°52.41″ W. applicable law or otherwise impractical. (b) Effective date. This section is This rule would not affect a taking of Voluntary consensus standards are private property or otherwise have effective from 8:30 p.m. until 10:30 p.m. technical standards (e.g., specifications EDT on August 6, 2005. taking implications under Executive of materials, performance, design, or Order 12630, Governmental Actions and (c) Regulations. (1) In accordance with operation; test methods; sampling the general regulations in section 165.23 Interference with Constitutionally procedures; and related management Protected Property Rights. of this part, entry into or movement systems practices) that are developed or within this zone is prohibited unless Civil Justice Reform adopted by voluntary consensus authorized by the Captain of the Port standards bodies. This proposed rule meets applicable Boston. This proposed rule does not use (2) All vessel operators shall comply standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did Executive Order 12988, Civil Justice with the instructions of the COTP or the not consider the use of voluntary designated on-scene U.S. Coast Guard Reform, to minimize litigation, consensus standards. eliminate ambiguity, and reduce patrol personnel. On-scene Coast Guard burden. Environment patrol personnel include commissioned, warrant, and petty officers of the Coast Protection of Children We have analyzed this proposed rule Guard on board Coast Guard, Coast under Commandant Coast Guard We have analyzed this proposed rule Guard Auxiliary, local, state, and federal Instruction M16475.1D, which guides under Executive Order 13045, law enforcement vessels. the Coast Guard in complying with the Protection of Children from National Environmental Policy Act of Dated: May 16, 2005. Environmental Health Risks and Safety 1969 (NEPA) (42 U.S.C. 4321–4370f), James L. McDonald, Risks. This rule is not an economically and have concluded that there are no Captain, U.S. Coast Guard, Captain of the significant rule and does not pose an factors in this case that would limit the Port, Boston, Massachusetts. environmental risk to health or risk to use of a categorical exclusion under [FR Doc. 05–10595 Filed 5–26–05; 8:45 am] safety that may disproportionately affect 2.B.2 of the Instruction. Therefore, we BILLING CODE 4910–15–P children. believe that this rule is categorically Indian Tribal Governments excluded, under figure 2–1, paragraph (34)(g) of the Instruction, from further DEPARTMENT OF HOMELAND This proposed rule does not have SECURITY tribal implications under Executive environmental documentation. A preliminary ‘‘Environmental Analysis Order 13175, Consultation and Federal Emergency Management Check List’’ is available in the docket Coordination with Indian Tribal Agency Governments, because it does not have where indicated under ADDRESSES. This rule fits the category selected from a substantial direct effect on one or 44 CFR Part 67 more Indian tribes, on the relationship paragraph (34)(g), as it would establish between the Federal Government and a safety zone. Comments on this section [Docket No. FEMA–D–7618] Indian tribes, or on the distribution of will be considered before we make the final decision on whether to Proposed Flood Elevation power and responsibilities between the Determinations Federal Government and Indian tribes. categorically exclude this rule from further environmental review. AGENCY: Federal Emergency Energy Effects List of Subjects in 33 CFR Part 165 Management Agency (FEMA), We have analyzed this proposed rule Emergency Preparedness and Response under Executive Order 13211, Actions Harbors, Marine safety, Navigation Directorate, Department of Homeland Considering Regulations That (water), Reporting and recordkeeping Security. requirements, Security measures, Significantly Affect Energy Supply, ACTION: Proposed rule. Distribution, or Use. We have Waterways. determined that it is not a ‘‘significant For the reasons discussed in the SUMMARY: Technical information or energy action’’ under that order because preamble, the Coast Guard proposes to comments are requested on the it is not a ‘‘significant regulatory action’’ amend 33 CFR 165 as follows: proposed Base (1% annual chance)

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Flood Elevations (BFEs) and proposed floodplain management criteria required regulatory flexibility analysis has not BFE modifications for the communities by 44 CFR 60.3, are the minimum that been prepared. listed below. The BFEs are the basis for are required. They should not be Regulatory Classification. This the floodplain management measures construed to mean that the community proposed rule is not a significant that the community is required either to must change any existing ordinances regulatory action under the criteria of adopt or to show evidence of being that are more stringent in their Section 3(f) of Executive Order 12866 of already in effect in order to qualify or floodplain management requirements. September 30, 1993, Regulatory remain qualified for participation in the The community may at any time enact Planning and Review, 58 FR 51735. National Flood Insurance Program stricter requirements of its own, or Executive Order 12612, Federalism. (NFIP). pursuant to policies established by other This proposed rule involves no policies that have federalism implications under DATES: The comment period is ninety Federal, state or regional entities. These (90) days following the second proposed elevations are used to meet Executive Order 12612, Federalism, publication of this proposed rule in a the floodplain management dated October 26, 1987. newspaper of local circulation in each requirements of the NFIP and are also Executive Order 12778, Civil Justice community. used to calculate the appropriate flood Reform. This proposed rule meets the insurance premium rates for new applicable standards of Section 2(b)(2) ADDRESSES: The proposed BFEs for each buildings built after these elevations are of Executive Order 12778. community are available for inspection made final, and for the contents in these at the office of the Chief Executive List of Subjects in 44 CFR Part 67 buildings. Officer of each community. The Administrative practice and respective addresses are listed in the National Environmental Policy Act. procedure, flood insurance, reporting table below. This proposed rule is categorically and recordkeeping requirements. FOR FURTHER INFORMATION CONTACT: excluded from the requirements of 44 Accordingly, 44 CFR part 67 is Doug Bellomo, P.E., Hazard CFR Part 10, Environmental proposed to be amended as follows: Identification Section, Emergency Consideration. No environmental Preparedness and Response Directorate, impact assessment has been prepared. PART 67—[AMENDED] FEMA, 500 C Street SW., Washington, Regulatory Flexibility Act. The 1. The authority citation for Part 67 DC 20472, (202) 646–2903. Mitigation Division Director of the continues to read as follows: SUPPLEMENTARY INFORMATION: FEMA Emergency Preparedness and Response Directorate certifies that this proposed Authority: 42 U.S.C. 4001 et seq.; proposes to make determinations of Reorganization Plan No. 3 of 1978, 3 CFR, BFEs and modified BFEs for each rule is exempt from the requirements of 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, community listed below, in accordance the Regulatory Flexibility Act because 3 CFR, 1979 Comp., p. 376. with Section 110 of the Flood Disaster proposed or modified BFEs are required Protection Act of 1973, 42 U.S.C. 4104, by the Flood Disaster Protection Act of § 67.4 [Amended] and 44 CFR 67.4(a). 1973, 42 U.S.C. 4104, and are required 2. The tables published under the These proposed base flood and to establish and maintain community authority of § 67.4 are proposed to be modified BFEs, together with the eligibility in the NFIP. As a result, a amended as follows:

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

Connecticut ...... South Windsor Podunk River ...... At a point just downstream of Foster Road None *266 (Town), Hartford At a point approximately 160 feet up- None *301 County. stream of Miller Road. Quarry Brook ...... At a point approximately 1,056 feet up- *57 *58 stream of the confluence with Podunk None *108 River. Approximately 53 feet upstream of Clark Street. Plum Gully Brook ...... Approximately 528 feet upstream of the *58 *57 confluence with Podunk River. None *185 Approximately 280 feet upstream of Nevers Road. Maps available for inspection at the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut. Send comments to Mr. Matthew B. Galligan, South Windsor Town Manager, South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut 06074.

Florida ...... Clearwater (City), Ponding Area No. 18 ...... Approximately 100 feet east of the inter- None •45 Pinellas County. section of Hamlet Avenue and Wild- wood Way. Maps available for inspection at the City of Clearwater Engineering Department, 100 South Myrtle Avenue, Suite 220, Clearwater, Florida. Send comments to The Honorable Brian Aungst, Mayor of the City of Clearwater, P.O. Box 4748, Clearwater, Florida 33758–4748.

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(Catalog of Federal Domestic Assistance No. (2) E-mail: [email protected] The incidental take and mortality of 83.100, ‘‘Flood Insurance.’’) Please include the RIN 0648–AS92 in sea turtles as a result of scallop dredging Dated: May 18, 2005. the subject line of the message. has been documented in the mid- David I. Maurstad, (3) Federal eRulemaking Portal: http:/ Atlantic. Based on the available Acting Director, Mitigation Division, /www.regulations.gov. Follow the information, NMFS has determined that Emergency Preparedness and Response instruction on the website for the use of a dredge modified with a Directorate. submitting comments. chain mat would sharply reduce the [FR Doc. 05–10613 Filed 5–26–05; 8:45 am] (4) Mail: Mary A. Colligan, Assistant capture of sea turtles in the dredge BILLING CODE 9110–12–M Regional Administrator for Protected itself, as well as any ensuing injuries Resources, NMFS, Northeast Region, and mortalities that occur as a result of One Blackburn Drive, Gloucester, MA being caught in the dredge (e.g. DEPARTMENT OF COMMERCE 01930, ATTN: Sea Turtle Conservation drowning, crushing in the dredge bag, Measures, Proposed Rule crushing on deck, etc.; note: sea turtles National Oceanic and Atmospheric (5) Facsimile (fax): 978–281–9394, may still interact with modified gear. Administration ATTN: Sea Turtle Conservation See Interaction of dredge gear with sea Measures, Proposed Rule turtles). This proposed action, taken 50 CFR Parts 222 and 223 Copies of the Draft Environmental under the authority in Section 4(d) of Assessment/Regulatory Impact Review the ESA, is necessary to provide for the [Docket No. 050315074–5074–01; I.D. conservation of sea turtles. 022405B] and documents cited in the proposed rule can be obtained from http:// Sea Turtle Bycatch in the Sea Scallop RIN 0648–AS92 www.nero.noaa.gov/nero/regs/com.html Dredge Fishery listed under the Electronic Access Endangered and Threatened Wildlife; portion of this document or by writing Based on the Northeast Fisheries Sea Turtle Conservation to Ellen Keane, NMFS, Northeast Science Center (NEFSC) Observer Program data, a total of 62 observed sea AGENCY: National Marine Fisheries Region, One Blackburn Drive, Gloucester, MA 01930 turtle takes were attributed to the Service (NMFS), National Oceanic and Atlantic sea scallop dredge fishery FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), during normal fishery operations from Commerce. Ellen Keane (ph. 978–281–9300 x6526, March 1, 1996 through October 31, ACTION: Proposed rule; request for fax 978–281–9394) or Barbara Schroeder 2004. ‘‘Observed’’ or ‘‘observed take’’ comments (ph. 301–713–1401, fax 301–713–0376). means seen and documented by a SUPPLEMENTARY INFORMATION: SUMMARY: NMFS proposes to require sea NMFS-approved observer. Of these, 43 turtle conservation measures for all sea Background were identified as loggerheads; the remaining animals were hard-shelled scallop dredge vessels fishing in the All sea turtles that occur in U.S. mid-Atlantic from May 1 through sea turtles that could not be positively waters are listed as either endangered or identified. Four of the sea turtles were November 30 each year. The proposed threatened under the Endangered rule would require all vessels with a sea fresh dead upon retrieval or died on the Species Act of 1973 (ESA). The Kemp’s vessel, 1 was alive but required scallop dredge and which are required ridley (Lepidochelys kempii), to have a Federal Atlantic sea scallop resuscitation, 25 were alive but injured, leatherback (Dermochelys coriacea), and 20 were alive with no apparent injuries, fishery permit, regardless of dredge size hawksbill (Eretmochelys imbricata) sea or vessel permit category, to modify and 12 were listed as alive but condition turtles are listed as endangered. The unknown because the observer did not their dredge(s) when fishing south of loggerhead (Caretta caretta) and green ° ′ have sufficient opportunity to examine 41 9.0 N. latitude, from the shoreline (Chelonia mydas) sea turtles are listed to the outer boundary of the Exclusive the turtle. as threatened, except for breeding In 2004, the NEFSC completed an Economic Zone. Any incidental take of populations of green turtles in Florida assessment of sea turtle bycatch in the threatened sea turtles in sea scallop and on the Pacific coast of Mexico that 2003 scallop dredge fishery in the mid- dredge gear in compliance with this are listed as endangered. Atlantic (Long Island, New York to Cape proposed gear modification requirement Under the ESA and its implementing Hatteras, North Carolina). Total and other applicable requirements regulations, taking sea turtles under estimated bycatch of sea turtles in this would be exempted from the NMFS’ jurisdiction, even incidentally, fishery from June 1 through November prohibition against takes. This action is is prohibited, with exceptions identified 30, 2003 was 749 animals (C.V. = 0.28). necessary to help reduce the take of sea in 50 CFR 223.206. The incidental take A Biological Opinion on the Atlantic turtles in scallop dredge gear and of endangered species may only legally sea scallop Fishery Management Plan conserve loggerhead sea turtles, listed as be exempted by an incidental take (FMP), issued on December 15, 2004, threatened under the Endangered statement or an incidental take permit anticipates the take of up to 749 Species Act (ESA). issued pursuant to section 7 or 10 of the loggerhead sea turtles annually as a DATES: Comments on the proposed rule ESA, respectively. Existing sea turtle result of the continued operation of the must be received by 5 p.m. EST on June conservation regulations at 50 CFR scallop dredge fishery with up to 479 of 27, 2005. 223.206(d) exempt fishing activities and these takes resulting in injuries that ADDRESSES: Written comments on this scientific research from the prohibition would lead to death or an inability of action may be submitted on this on takes of threatened sea turtles under the turtle to reproduce. proposed rule, identified by RIN 0648– certain conditions. This proposed rule AS92, by any one of the following would add an additional requirement Impacts of Sea Scallop Dredging methods: with which vessels with sea scallop The only species positively identified (1) NMFS/Northeast Region Website: dredge gear must comply in order to by the NEFSC Observer Program to have http://www.nero.noaa.gov/nero/regs/ have any incidental takes of threatened been captured in sea scallop dredge gear com.html. Follow the instructions on sea turtles exempted from the is the loggerhead sea turtle; however, the website for submitting comments. prohibition on takes. hardshell turtles were caught and not

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identified by species. NMFS believes data on the Dry Tortugas and Yucatan cutting bar and the sweep. This is a these unidentified sea turtles are not nesting subpopulations at this time. modified rock chain arrangement likely to be Kemp’s ridley and green sea Cohorts from each of the constructed of lighter, but stronger turtles which are expected to occur subpopulations are expected to occur in chain (DuPaul et al. 2004a). predominantly in inshore waters (i.e., the action area. Genetic analysis of Preliminary trials of the chain mat bays and estuaries, and other coastal samples collected from benthic gear were conducted in 2002, and an waters) where the scallop dredge fishery immature loggerhead sea turtles experimental fishery to test the gear was does not operate (Lutcavage and Musick captured in pound nets in the Pamlico- conducted from July 17, 2003 – October 1985; Keinath et al. 1987; Morreale and Albemarle Estuarine Complex in North 9, 2004. Trained observers were not Standora 1993; Spotila 1998). In Carolina from September-December of present during the preliminary trials. addition, while western Atlantic green 1995–1997 indicated that cohorts from During the preliminary trials, side-by- turtles range from Massachusetts to all five western Atlantic subpopulations side testing of the gear was performed; Argentina, including the Gulf of Mexico were present (Bass et al. 2004). In a in each tow, only one of the vessel’s two separate study, genetic analysis of dredges was modified with the chain and Caribbean, they are considered less samples collected from loggerhead sea mat. In these preliminary trials, there abundant north of Cape Hatteras. turtles from Massachusetts to Florida were two interactions with sea turtles. Hawksbill sea turtles are uncommon in found that all five western Atlantic DuPaul et al. (2004a) reported that one waters of the continental United States. loggerhead subpopulations were turtle was taken in the unmodified There have been accounts of hawksbill represented (Bowen et al. 2004). Bass et dredge and the other turtle was sea turtles in south Florida and Texas al. (2004) found that 80 percent of the ‘‘hanging onto the chain mat’’ and and small hawksbill sea turtles have juveniles and sub-adults utilizing the subsequently swam away. No further stranded as far north as Cape Cod, foraging habitat originated from the information on the two takes was Massachusetts. However, many of these south Florida nesting population, 12 available. strandings were observed after percent from the northern Twelve different vessels participated hurricanes or offshore storms. No takes subpopulation, 6 percent from the in the 2003–2004 field evaluations of of hawksbill sea turtles have been Yucatan subpopulation, and 2 percent the chain mats. In each tow, the vessels recorded in the northeast or mid- from other rookeries. Tissue samples for fished with two sea scallop dredges, one Atlantic fisheries covered by the NEFSC genetic analysis have been collected unmodified on one side of the vessel Observer Program. Given the from loggerhead sea turtles captured in and the other modified with the chain information on sea turtle distribution in the scallop dredge fishery. However, the mat on the other side of the vessel. The comparison to the distribution of results of the testing are still pending. trials were performed with dredges scallop dredge effort within the mid- The distribution of loggerhead sea measuring between 11 and 15 ft (3.35 – Atlantic and given observer turtles overlaps seasonally with the 4.57 m) wide. For 14 ft (4.27 m) and 15 identification of sea turtles captured in distribution of scallop fishing effort ft (4.57 m) dredges, 11 vertical and 6 scallop dredge gear, NMFS considers it from the southern boundary of the horizontal chains were used; for smaller unlikely that Kemp’s ridley, green, or management area from approximately dredges, 9 verticals were used (DuPaul hawksbill sea turtles will be captured in the North Carolina/South Carolina et al. 2004a). Evenly spaced on a normal sea scallop dredges. As described above, border to Cape Cod, Massachusetts. sweep arrangement, this should give the incidental take and mortality of Hard-shelled turtles have been injured about a 12–inch (30.5–cm) to 13–inch loggerhead sea turtles in the sea scallop and killed as a result of being captured (33.0–cm) square pattern. dredge fishery has been documented, in sea scallop dredge gear. Of the 62 In total, side-by-side testing was and the potential for takes of loggerhead turtles observed taken in the scallop conducted on 22 fishing trips, sea turtles exists when their distribution dredge fishery, excluding the encompassing 277 fishing days and overlaps with the distribution of effort experimental fishery, 43 were positively 3,248 tows (of which 2,823 tows were in the scallop dredge fishery. identified as loggerhead sea turtles. The observed). A total of eight turtle remaining animals were hard-shelled interactions occurred (six of which were There are at least five western turtles that could not be positively observed), all with the unmodified Atlantic loggerhead subpopulations. identified. All loggerhead sea turtles are scallop dredge. Of the eight sea turtles The south Florida nesting group is the still listed as threatened under the ESA caught, three were alive with no largest known loggerhead nesting as populations have not yet recovered. apparent injuries, three were alive assemblage in the Atlantic and one of Reducing sea turtle mortality will help released with injuries, one was killed only two loggerhead nesting subpopulations to recover. NMFS must when the dredge frame fell on the turtle, assemblages worldwide that have protect and conserve loggerhead sea and one was killed prior to coming greater than 10,000 females nesting per turtle populations under the ESA. aboard. The six observed interactions year. The northern subpopulation is the were with loggerhead sea turtles. One of second largest loggerhead nesting Experimental Testing of Modified the unobserved interactions was assemblage within the United States. Dredge reported by the fisherman as a The remaining three subpopulations In response to the increase in loggerhead sea turtle. The second (the Dry Tortugas, Florida Panhandle, observed takes, NMFS worked with the unobserved interaction was reported by and Yucatan) are much smaller scallop fishing industry and Virginia the fisherman as a leatherback. NEFSC’s subpopulations with nest counts Institute of Marine Science to general protocol for confirmation of at- ranging from roughly 100 - 1,000 nests investigate the use of a modified sea sea species identification requires that per year. To date, analysis of nesting scallop dredge to keep sea turtles from the species be considered as unknown data from the Index Nesting Beach being captured in the dredge bag. The unless either the observer is Survey Program indicates that there is modified dredge uses a chain mat experienced in sea turtle identification no discernable trend in abundance for configuration consisting of evenly and has confidence in the identification, the south Florida, northern or Florida spaced ‘‘tickler’’ (horizontal) and or the observer is inexperienced and has Panhandle subpopulations. No ‘‘vertical’’ (up and down) chains hung provided supporting information (i.e. conclusions can be made from nesting forward of the sweep, between the photos, tissue samples). For both of

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these unobserved takes, NMFS is Interaction of Dredge Gear with Sea assumptions that can be made to help considering the species identification to Turtles estimate the degree of interaction. The be ‘‘unknown turtle spp.’’ As far as Risks to sea turtles from capture in first assumption is that sea turtles likely NMFS is aware, the fishermen reporting dredge gear include forced submergence interact with scallop dredge gear both the take of the leatherback and the take and injury. Sea turtles forcibly on the sea floor as the gear is being of the loggerhead have not been trained submerged in any type of restrictive gear fished and in the water column as the nor are they experienced in identifying would eventually suffer fatal gear is hauled back to the vessel. This sea turtle species. No supporting consequences from prolonged anoxia is a reasonable assumption, because sea materials, such as photos or tissue and/or seawater infiltration of the lung turtles have been observed in the area in samples, have been provided. Therefore, (Lutcavage et al. 1997). Sea turtles which scallop gear operates and they based on the confirmation protocol for caught in scallop dredge gear often have been seen near scallop vessels at-sea species identification, NMFS suffer injuries. The most commonly when they are fishing or hauling gear. considers the species identification of observed injury is damage to the In addition, sea turtles generally are these takes to be ‘‘unknown turtle spp.’’ carapace. The causes of these injuries known to forage and rest on the sea floor With respect to the catch of sea are unknown, but the most likely appear as part of their normal behavior. scallops, the modified chain mat dredge The second assumption relates to the to be from being struck by the dredge caught 6.71 percent less scallops than apportionment of the seriousness of the (during a tow or upon emptying of the the unmodified dredge (DuPaul et al. interaction between sea turtles and the dredge bag), crushed by debris (e.g., 2004a). DuPaul et al. (2004a) concluded modified gear. For this, we start with large rocks) that collects in the dredge that the chain mats can be effective in the assumption that up to 749 sea turtles bag, or as a result of a fall during eliminating the incidence of sea turtle will still interact with the chain mat- bycatch in the dredge without hauling of the dredge. Under typical modified gear, and the estimate that up substantial reductions in the harvest of fishing operations, the dredge is hauled to 479 sea turtles will be seriously sea scallops. to the surface, lifted above the deck of injured/killed and 270 will be the vessel and emptied by turning the unharmed/slightly injured without the Petition Request for Chain Mat bag over. Under such conditions, a chain mat. There are two scenarios in Configuration turtle caught in the bag would fall many which sea turtles may sustain serious On June 17, 2004, NMFS received a feet to the deck of the vessel and could injuries that lead to death or the failure petition from the Fisheries Survival suffer cracks to the carapace as a result to reproduce interactions on the sea Fund and the Garden State Seafood of the fall. After the bag is dumped, the floor or interactions in the water Association requesting that NMFS dredge frame is often dropped on top of column. promulgate an emergency rule pursuant it with the cutting bar, located on the With the chain mat in place, it is to the Magnuson-Stevens Fishery bottom aft part of the frame, also reasonable to assume that the sea turtles Conservation and Management Act constituting a crushing weight. Thus, on the sea floor would still interact with (Magnuson-Stevens Act) that would dumping of the catch and the sudden the gear, but that the nature of the require scallop dredges to be modified lowering of the gear onto the deck are interaction would be different. NMFS with additional chains as in the actions during which turtles could be assumes that some portion of the 479 experimental fishery and scallop trawls injured. As the modified dredge will seriously injured sea turtles are taken on to be modified by installation of a Turtle reduce the likelihood of sea turtle the bottom. The precise number, Excluder Device when fishing south of capture in the dredge bag, carapace however, cannot be quantified. As the Long Island, New York and north of injuries sustained while the turtle is in dredge is fished on the bottom, sea Cape Hatteras, North Carolina during the dredge or brought on board the turtles may be passed over with the the period May 1 - October 15 each year. vessel will be reduced with use of the dredge frame and cutting bar, which On July 7, 2004, NMFS published a chain mat configuration. Additionally, weigh thousands of pounds. Without Notice of Receipt of the petition in the the possibility that sea turtles will be the chain mat modification, the sea Federal Register and invited public forcibly submerged due to capture in the turtle may be swept into the dredge bag, comment for 30 days (69 FR 40850). dredge bag will be sharply reduced. forcibly submerged for the remainder of NMFS published a response to the The NEFSC estimated, in the 2003 the tow, and will be at risk of further petition in the Federal Register on fishing year, there were 749 sea turtles injury due to being tumbled around or November 2, 2004 (69 FR 63498), taken in the mid-Atlantic sea scallop hit by debris inside the bag or being announcing that it would not undertake fishery. According to the December 15, crushed when the catch is dumped on an emergency rulemaking as requested 2004 biological opinion, the agency the vessel’s deck. With the modified by the petitioners because the anticipates that up to 749 sea turtles gear, the sea turtles may still be hit by circumstances outlined in the Petition will be taken each year without the the leading edge of the frame and did not justify an immediate need for a chain mat configuration in place, and cutting bar and would likely be forced Magnuson-Stevens Act emergency rule up to 479 of these (approximately 64 down to the sea floor rather then swept and that the Magnuson-Stevens Act is percent) are expected to sustain injuries into the dredge bag. Since the turtles are not the appropriate authority for leading to death or failure to reproduce. not swept into the bag, they would be adequately addressing the incidental With the chain mat installed over the run over by the aft portion of the dredge capture of sea turtles in scallop fishing opening of the dredge bag, it is including the bag which constitutes a gear (69 FR 63498). However, as reasonable to assume that up to 749 sea crushing weight. As a result, sea turtles described in the Notice of Decision on turtles will come into contact with the on the bottom that interact with the Petition for Emergency Rulemaking, chain mat (at least). Data do not exist on modified dredge would probably fare NMFS indicated it would conduct the percentage of sea turtles interacting just as poorly as those that interact with rulemaking under the authority of the with the chain mat-modified gear that the unmodified dredge. Given the ESA to enact measures to address will be unharmed, sustain minor nature of the bottom interaction without incidental sea turtle takes in the injuries, or sustain serious injuries that the chain mat, it is reasonable to assume Atlantic sea scallop fishery (69 FR will result in death or failure to that the same portion of the 479 sea 63498). reproduce. However, there are several turtles interacting with the gear on the

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bottom would still experience serious may be too conservative in that it is dredges with a frame width of 11 to 13 injuries that lead to mortality or failure possible that turtles in a bottom ft (3.35 to 3.96 m) would be required to to reproduce with the chain mat in interaction only receive minor injuries. use 9 vertical and 5 tickler chains; place as without it. NMFS recognizes that the specific dredges with a frame width of 10 ft (3.05 NMFS assumes that the remaining nature of the interaction between sea m) to less than 11 ft (3.35 m) would be portion of the 479 seriously injured sea turtles and sea scallop dredge gear required to use 7 vertical and 4 tickler turtles are taken in the water column. remains unknown, as sea turtles could chains; and dredges with a frame width Again, the precise number cannot be be taken when the dredge is fished on of less than 10 ft (3.05 m) would be quantified. Any injuries due to an the bottom or during haul back and required to use 5 vertical and 3 tickler interaction in the water column during NMFS cannot conclude that the chains. If a vessel elects to use a haul back with the chain mat-modified modified dredge eliminates interactions different configuration, the length of gear are likely to be non-serious. The with sea turtles. The chain mat sharply each side of the squares formed by the chain mat would prevent serious reduces the capture of sea turtles in the chain must be less than or equal to 14 injuries, since the turtles would not be dredge bag and, therefore, sharply inches (35.5 cm). able to get into the dredge bag; therefore, reduces drowning and serious injuries Interactions have been observed in the they would not be dumped on the deck that result from such capture. NMFS sea scallop fishery from New Jersey from height or crushed by falling gear. does not know how sea scallop dredge south through the Virginia/North Once off the bottom, the gear is hauled gear (with or without the modification) Carolina border from late June to late back through the water column at a slow may interact with sea turtles on the October and the potential for speed (1 to 4 miles per hour (1.6–6.5 ocean bottom. DuPaul et al. (2004a) interactions exists during May and km/hr)), so NMFS assumes that any report that sea turtles have been hauled November due to the overlap in turtle hitting the chain mat in the water up on top of the gear, either on the distribution of loggerhead sea turtles column would not be hit with great frame or near the twine top. Many were and dredge fishing effort in the southern force and would likely be able to swim seen to swim away when the gear range of the fishery (Shoop and Kenney away without serious injury. During the reached the vessel. Sea turtles may have 1992; Braun-McNeill and Epperly 2004). preliminary trials of the chain mat been prevented from escaping by either Implementation of the proposed gear configuration, one turtle was observed being wedged in the forward parts of the restrictions from May through ‘‘hanging onto’’ the chain mat, perhaps dredge frame or held by the flow of November is expected to increase held by water pressure, and water against the dredge. These protection of sea turtles. The scallop subsequently swimming away. NMFS interactions would occur regardless of management area defined in the FMP has no indication that this interaction, whether the dredge is modified with the consists of the resource throughout its or this type of interaction, would result proposed chain mat or not. Further range in waters under the jurisdiction of in serious injury. NMFS’ assumption testing is necessary to determine what the U.S. NMFS does not anticipate any about this type of interaction is that the effects the entire gear, including the fishing south of Cape Hatteras, North animal is being held against the gear by chain mat modification, has on sea Carolina due to a lack of scallop water pressure as the gear moves turtles, aside from the positive effect of resources. Thus, the timing of these through the water during haul back. The the chain mat of reducing injury or proposed measures are based on Cape vessel often continues to move forward mortality of sea turtles by keeping them Hatteras as the lower boundary. Should as the gear is hauled. Once the gear out of the dredge bag. Video work is scallop fishing occur south of this stops moving and the pressure is being conducted to provide more boundary or if observer records indicate relieved, the animal would be able to information on the interactions between interactions north of Long Island, New swim away without serious injury. sea turtles and sea scallop dredge gear York, NMFS may reconsider the timing Therefore, NMFS assumes that the in the water. This action does not and area of the conservation measures. portion of the 479 sea turtles taken in preclude NMFS from taking further Spatial Extent of the Proposed Action the water column are unlikely to be regulatory action as new information seriously injured. NMFS also assumes becomes available. As described above the proposed rule that the 270 unharmed/slightly injured would require the use of the chain mat Modification of Sea Scallop Dredge sea turtles are taken in the water column on sea scallop dredge vessels when Gear and that serious injury to these turtles fishing south of 41° 9.0′ N. latitude, caused by the chain mat is unlikely for To conserve sea turtles, NMFS from the shoreline to the outer boundary the reasons listed above. proposes that all vessels required to of the EEZ. While NMFS is proposing In summary, the chain mat can have a Federal Atlantic sea scallop using the 200–nautical mile limit of the logically be assumed to prevent serious fishery permit and using Atlantic sea EEZ as the eastern boundary for the gear injury leading to death or failure to scallop dredge gear, regardless of dredge modification, NMFS is considering reproduce caused by the dumping of size or vessel permit category, be replacing the eastern EEZ boundary turtles on the vessel’s deck and crushing required to modify their dredge(s) when with a north-south (longitudinal) line so them by the falling gear following an fishing south of 41° 9.0′ N. lat., from the as to separate the Mid-Atlantic sea interaction in the water column shoreline to the outer boundary of the scallop fishing area from the Southern interaction. The chain mat would also Exclusive Economic Zone, from May 1 New England sea scallop fishing area. prevent serious injuries from dumping/ through November 30 each year. All NMFS is considering an eastern crushing on deck of sea turtles following dredges used for fishing must be boundary at 70° 20′ W. long. (the an interaction on the sea floor. However, modified with evenly spaced ‘‘tickler’’ western edge of the Nantucket Lightship we have made the conservative (horizontal) chains and ‘‘vertical’’ (up- Closed Area) as well as any options assumption that a turtle in a bottom and-down) chains in the following proposed during the public comment interaction sustains serious injuries on configuration, which is dependent on period. NMFS has analyzed the the bottom, so, under this conservative the size of the dredge frame width. physical, biological, and socio-economic assumption, there would not be a Dredges with a frame width of greater impacts that this proposed rule would benefit from the chain mat for bottom than 13 ft (3.96 m) would be required have based on the outer boundary of the interactions. This assumption, however, to use 11 vertical and 6 tickler chains; EEZ as the eastern boundary. If the EEZ

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boundary is replaced with this compliance requirements are proposed. may have their revenues reduced longitudinal line, the geographic area in A summary of the analysis follows: between 5 and 10 percent, and 5 vessels which the chain mat configuration The fishery affected by this proposed may have their revenues reduced by would be required would be smaller rule is the mid-Atlantic sea scallop greater than 10 percent. Of the 121 than the area of the proposed action. dredge fishery. The proposed action vessels that may have revenue Any impacts to habitat or the physical requires all vessels, regardless of dredge reductions exceeding 5 percent, 27, 29, environment resulting from the size or vessel permit category, to modify 29, and 22 of the vessels are registered modification are expected to be less their dredge gear from May 1 through to the state of Massachusetts, New than the impacts of the proposed action November 30 when fishing south of 41° Jersey, Virginia, and North Carolina, as a smaller geographic area would 9.0′ N. lat., from the shoreline to outer respectively. Annual industry revenues impacted. The proposed action is not boundary of the Exclusive Economic would be reduced by 4.3 percent (=$9.6 considered to have a significant Zone. The proposed gear modification is million/$221.4 million). economic impact on the industry. fairly inexpensive (between $177.37 and Five alternatives were evaluated: (1) Economic impacts are likely to be $778.44 per vessel). Therefore, NMFS The preferred alternative (PA) is to reduced even further if the EEZ assumes that a vessel will convert their require the chain mat modification on boundary is replaced with a gear and continue fishing in the area. all vessels with a Federal Atlantic sea longitudinal line to the west of that According to Vessel Trip Report (VTR) scallop fishery permit and a sea scallop boundary as fewer vessels are likely to Data for 2003, 314 vessels fished in the dredge, regardless of dredge size or be required to use the chain mat mid-Atlantic from May 1 through vessel permit category, when fishing November 30. Of these, 277 were configuration. The benefit to the sea south of 41° 9.0′ N latitude, from the limited access vessels and 37 were turtle population is not expected to shoreline to the outer boundary of the general category vessels. In 2003, the change if the EEZ boundary is replaced EEZ from May 1 through November 30 314 affected vessels earned with this longitudinal line as sea turtles each year ; (2) non-preferred alternative approximately 221.4 million dollars in are not expected to interact with sea 1 (NPA 1) is exactly the same as the PA; revenues using a total of 40,888 days at scallop dredge gear in the southern New however, the gear modifications are sea. The 277 limited access vessels England sea scallop fishing area. only required from May 1 through earned approximately 98 percent of the Although hard-shelled sea turtles do October 15; (3) non-preferred alternative total industry revenues and 95 percent occur seasonally in New England waters 2 (NPA 2) is exactly the same as the PA; of the industry revenues were earned (roughly June-October) turtles are however, the gear modification is only generally observed in inshore waters using scallop dredge gear. On average, limited access vessels earned between required for vessels that have dredge (i.e., bays and estuaries) where the frames greater than 11 ft (3.35 m) wide; scallop fishery does not operate. $441,800 and $895,100 per year and general category vessels earned between (4) non-preferred alternative 3 (NPA 3) Relatively high levels of observer prohibits the use of all sea scallop coverage (22 percent - 51 percent) $46,700 and $162,000 per year. ° ′ Using the materials recommended in dredge gear south of 41 9.0 N. lat. from occurred in portions of the Georges DuPaul et al. (2004a) and average costs May 1 through November 30; and (5) the Bank Multispecies Closed Areas that for labor, the cost for modifying a no-action alternative. All business were conditionally opened to scallop scallop dredge ranges from a $177.37 for entities participating in the sea scallop fishing in the 1999 and 2000 scallop a dredge less than 10 ft (3.05 m) to dredge fisheries are considered small fishing years. Despite this high level of $389.22 for a dredge greater than 13 ft business entities. Under the no action observer coverage and operation of (3.96 m). The second cost to the alternative, fishing practices would not scallop dredge vessels in the area during industry is the loss of catch with the be restricted or modified; therefore, June - October, no sea turtles were modified dredge. During the 2003–2004 there is no economic impact on the observed captured in scallop dredge field trials, the modified dredge caught, individual or industry. The reduction in gear. In general, replacing the EEZ on average, 6.71 percent less scallops annual revenues per vessel is expected boundary with the proposed than the unmodified dredge (DuPaul et to range from 3.0 to 7.8 percent for the longitudinal line will result in the same al. 2004a). This is slightly less than the PA, 3.0 to 7.6 percent for NPA 1, 4.4 to benefit to sea turtles as the proposed loss of 6.76 percent reported in the draft 4.5 percent for NPA 2 and 31.8 to 65.2 action, while impacts to the physical final report on the experiment (DuPaul percent for NPA 3. NPA 3 has the environment and habitat, as well as et al. 2004b). The economic analysis greatest economic impact and all 314 social and economic effects, are likely to assumed a loss of 6.76 percent. If affected vessels can expect revenue be reduced. fishermen do not increase their effort to reductions greater than 5 percent. The Classification offset this loss, they will experience a PA has the next lowest economic impact reduction in revenues. Assuming that (121 vessels with annual revenue The proposed rule has been the fishermen do not minimize this loss reductions greater than 5 percent), determined to be significant by the by increasing effort, revenue for a followed by NPA 1 (54 vessels), and Office of Management and Budget for limited access vessel may be reduced NPA 2 with the lowest economic impact the purposes of Executive Order 12866. between a low of $18,800 to a high of (35 vessels). The PA, NPA 1, and NPA NMFS has prepared an initial $38,700; while revenue for a general 2 could be considered to have similar regulatory flexibility analysis that category vessel may be reduced between economic impacts since the differential describes the economic impact this $1,300 and $5,600. The total impact of is so small. Under the PA, 314 vessels proposed rule, if adopted, would have the cost to modify the gear and loss of are affected and industry revenues are on small entities. A description of the revenue due to reduction in catch may reduced by 4.3 percent. Under NPA 1 action, why it is being considered, and reduce a vessel’s annual revenues on and NPA 3, 314 vessels are affected, and the legal basis for this action are average between 3 percent and 7.8 industry revenues are reduced by 3.7 contained in the beginning of this percent. percent and 63.6 percent, respectively. section in the preamble and in the Of the 314 affected vessels, 193 Under NPA 2, 234 vessels are affected SUMMARY section of the preamble. No vessels may have their revenues and industry revenues are reduced by reporting, record keeping, or other reduced by 5 percent or less, 116 vessels 3.9 percent. In summary, NPA 3 has the

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highest cost to the industry, the PA Commer., Northeast Fisheries Science For the reasons set forth in the ranks second in industry cost, and NPA Center Reference Document 04–11. preamble, 50 CFR part 223 is proposed 1 and NPA 2 rank third and fourth, Northeast Fisheries Science Center. to be amended as follows: respectively, in industry cost. Woods Hole, MA. 25 pp. PART 223—THREATENED MARINE Literature Cited Shoop, C.R. and R.D. Kenney. 1992. Seasonal distributions and abundance of AND ANADROMOUS SPECIES Bass, A. L., S. P. Epperly, and J. loggerhead and leatherback sea turtles 1. The authority citation for part 223 Braun-McNeill. 2004 Multi-year in waters of the northeastern United continues to read as follows: analysis of stock composition of a States. Herpetol. Monogr. 6: 43–67. 16 U.S.C. 1531–1543; subpart B, loggerhead sea turtle (Caretta caretta) Spotila, J.R., P.T. Plotkin, and J.A. § 223.12 also issued under 16 U.S.C. foraging habitat using maximum Keinath. 1998 In water population 1361 et seq.; 16 U.S.C. 5503(d) for likelihood and Bayesian methods. survey of sea turtles in Delaware Bay. § 223.206(d)(9). Conservation Genetics. 5:783–796. Unpublished Report. Final report to Braun-McNeill, J. and S. P. Epperly. 2. In § 223.205, paragraph (b)(16) is National Marine Fisheries Service, 2004. Spatial and temporal distribution redesignated as (b)(17); paragraph Office of Protected Resources for work of sea turtles in the western North (b)(15) is revised and new paragraph conducted under contract number Atlantic and the U.S. Gulf of Mexico (b)(16) is added to read as follows: 43AANF600211 and NMFS permit from Marine Recreational Statistic number 1007 by Drexel University, § 223.205 Sea turtles. Survey (MRFSS). Marine Fisheries Philadelphia, PA. 21 pp. * * * * * Review. 64(4)50–56. (b) * * * Bowen, B. W., A. L. Bass, S. Chow, M. List of Subjects (15) Fail to comply with the Bostrom, K. A. Bjorndal, A. B. Bolten, T. 50 CFR Part 222 restrictions set forth in § 223.206(d)(10) Okuyama, B. M. Bolker, S. P. Epperly, Endangered and threatened species, regarding pound net leaders; E. LaCasella, D. Shaver, M. Dodd, S. R. (16) Fail to comply with the Hopkins-Murphy, J. A. Musick, M. Exports, Reporting and Recordkeeping requirements. restrictions set forth in § 223.206(d)(11) Swingle, K. Rankin-Baransky, W. Teas, regarding sea scallop dredges; or W. N. Witzell, and P. H. Dutton. 2004. 50 CFR Part 223 Natal homing in juvenile loggerhead * * * * * turtles (Caretta caretta). Molecular Endangered and threatened species, 3. In § 223.206, paragraph (d) Ecology. 13:3797–3808. Exports, Transportation. introductory text is revised and DuPaul, W. D. 2004a. Industry trials Dated: May 23, 2005. paragraph (d)(11) is added to read as follows: of a modified sea scallop dredge to John Oliver, minimize the catch of sea turtles. Final Deputy Assistant Administrator for § 223.206 Exemptions to prohibitions Report. November 2004. VIMS Marine Operations, National Marine Fisheries relating to sea turtles. Resources Report, No. 2004–12. 35 pp. Service. * * * * * DuPaul, W. D. 2004b .Industry trials For the reasons set forth in the (d) Exception for incidental taking. of a modified sea scallop dredge to preamble, 50 CFR part 222 is proposed The prohibitions against taking in minimize the catch of sea turtles. Draft to be amended as follows: § 223.205(a) do not apply to the Final Report. August 2004. Contract incidental take of any member of a Number PO#EA 133F–03–SE–0235. 11 PART 222—GENERAL ENDANGERED threatened species of sea turtle (i.e., a pp. AND THREATENED MARINE SPECIES take not directed towards such member) Epperly, S. P. and J. Braun-McNeill. during fishing or scientific research 2002. The use of AVHRR imagery and 1. The authority citation for part 222 activities, to the extent that those the management of sea turtles continues to read as follows: involved are in compliance with all interactions in the mid-Atlantic bight. Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. applicable requirements of paragraphs NMFS Southeast Fisheries Science 742a et seq.; 31 U.S.C. 9701. (d)(1) through (d)(11) of this section, or Center. Unpublished. 2. In § 222.102, the definition of in compliance with the terms and Keinath, J. A., J. A. Musick, and R. A. ‘‘Chain mat’’ and ‘‘Dredge or dredge Byles. 1987. Aspects of the biology of conditions of an incidental take permit gear’’ are added in alphabetical order to issued pursuant to paragraph (a)(2) of Virginia’s sea turtles: 1979–1986. read as follows: Virginia J. Sci. 38(4): 329–336. this section. Lutcavage, M. E. and J. A. Musick. § 222.102 Definitions. * * * * * 1985. Aspects of the biology of sea * * * * * (11) Restrictions applicable to sea scallop dredges in the mid-Atlantic— (i) turtles in Virginia. Copeia. 2:449–456. Chain mat means a device designed to Gear Modification. During the time Lutcavage, M.E., P. Plotkin, B. be installed in a scallop dredge forward period of May 1 through November 30, Witherington, and P.L. Lutz. 1997. of the sweep, as described in 50 CFR any vessel with a sea scallop dredge and Human impacts on sea turtle survival. 223.206, for the purpose of excluding which is required to have a Federal In P.L. Lutz and J.A. Musick (eds). The sea turtles from the dredge. Biology of Sea Turtles, CRC Press, Boca Atlantic sea scallop fishery permit, Raton, Florida. pp 387–409. * * * * * regardless of dredge size or vessel Morreale, S. J. and E. A. Standora. Dredge or dredge gear, with respect to permit category, present in waters south 1998. Early life stage ecology of sea the fishery operating under the Atlantic of 41° 9.0′ N. lat., from the shoreline to turtles in northeastern U.S. waters. U.S. Sea Scallop Fishery Management Plan, the outer boundary of the Exclusive Dep. Commer. NOAA Tech. Mem. means gear consisting of a mouth frame Economic Zone must have on each NMFS-SEFSC–413. 49 pp. attached to a holding bag constructed of dredge a chain mat described as follows. Murray, K. T. 2004. Bycatch of sea metal rings, or any other modification to The chain mat must be composed of turtles in the mid-Atlantic sea scallop this design, that can be or is used in the ‘‘tickler’’ (horizontal) chains and (Placopecten magellanicus) dredge harvest of scallops. ‘‘vertical’’ chains that are evenly spaced fishery during 2003. 2nd ed. U.S. Dep * * * * * and configured in the following manner

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dependent on the dredge width: Dredges possesses brown, pink, or white shrimp Atlantic Fishery Management Council, with a frame width of greater than 13 ft (penaeid shrimp) in or from the One Southpark Circle, Suite 306, (3.96 m) must use 11 vertical and 6 exclusive economic zone (EEZ) off the Charleston, SC 29407–4699; phone: tickler chains; dredges with a frame southern Atlantic states to obtain a 843–571–4366 or 866–SAFMC–10 (toll width of 11 ft to 13 ft (3.35–3.96 m) commercial vessel permit for South free); fax: 843–769–4520; e-mail: must use 9 vertical and 5 tickler chains; Atlantic penaeid shrimp; require an [email protected]. dredges with a frame width of 10 ft (3.05 owner or operator of a vessel in the Comments regarding the burden-hour m) to less than 11 ft (3.35 m) must use South Atlantic rock shrimp or penaeid estimates or other aspects of the 7 vertical and 4 tickler chains; dredges shrimp fishery to submit catch and collection-of-information requirements with a frame width of less than 10 ft effort reports and to carry an observer contained in this proposed rule may be must use 5 vertical and 3 tickler chains. on selected trips; and require bycatch submitted in writing to Beverly Smith at The tickler and vertical chains must be reduction devices (BRDs) in nets in the the Southeast Regional Office address connected to each other with a shackle rock shrimp fishery. Amendment 6 also (above) and to David Rostker, OMB, by or link at the intersection point. If a proposes to establish stock status e-mail at [email protected], vessel elects to use a different determination criteria for South Atlantic or by fax to 202–395–7285. configuration, the length of each side of penaeid shrimp; revise the FOR FURTHER INFORMATION CONTACT: the square or rectangle formed by the specifications of maximum sustainable Steve Branstetter, telephone: 727–570– intersecting chains must be less than or yield (MSY) and optimum yield (OY) for 5796; fax: 727–570–5583; e-mail: equal to 14 inches (35.5 cm). The chains South Atlantic rock shrimp; revise the [email protected]. must be connected to each other with a stock status determination criteria for shackle or link at each intersection South Atlantic rock shrimp; revise the SUPPLEMENTARY INFORMATION: The point. The measurement must be taken bycatch reduction criterion for the shrimp fishery off the southern Atlantic along the chain, with the chain held certification of BRDs; and transfer from states is managed under the FMP. The taut, and include one shackle or link at the Council to the Regional FMP was prepared by the Council and the intersection point and all links in Administrator, Southeast Region, NMFS is implemented under the authority of the chain up to, but excluding, the (RA), responsibilities for the the Magnuson-Stevens Fishery shackle or link at the other intersection specification of the protocol for testing Conservation and Management Act point. BRDs. Finally, NMFS proposes to (Magnuson-Stevens Act) by regulations (ii) Any vessel that harvests sea remove provisions of the regulations at 50 CFR part 622. NMFS issues this scallops in or from the waters described applicable to other fisheries off the proposed rule to implement in (d)(11)(i) must have the chain mat southern Atlantic states that are no Amendment 6 to the FMP. configuration installed on all dredges longer applicable and to make minor Amendment 6 for the duration of the trip. corrections. The intended effects of this [FR Doc. 05–10670 Filed 5–26–05; 8:45 am] rule are to provide additional Penaeid Shrimp Permits BILLING CODE 3510–22–S information for, and improve the For a person aboard a trawler to fish effective management of, the shrimp for penaeid shrimp in the South fisheries off the southern Atlantic states Atlantic EEZ or possess penaeid shrimp DEPARTMENT OF COMMERCE and to correct and clarify the regulations in or from the South Atlantic EEZ, this applicable to other southern Atlantic rule would require that a valid National Oceanic and Atmospheric fisheries. commercial vessel permit for South Administration DATES: Written comments on this Atlantic penaeid shrimp be issued to the proposed rule must be received no later vessel and be on board. 50 CFR Part 622 than 5 p.m., eastern time, on July 11, An owner of a vessel who desires a [Docket No. 050314071–5071–01; I.D. 2005. commercial vessel permit would be required to obtain a permit application 030105E] ADDRESSES: You may submit comments form from and submit it to the RA. RIN 0648–AS16 on the proposed rule by any of the following methods: Information on the application form would consist of the standard Fisheries of the Caribbean, Gulf of • E-mail: 0648– information and documentation Mexico, and South Atlantic; Shrimp [email protected]. Include in required for commercial vessel permits Fishery Off the Southern Atlantic the subject line of the e-mail comment issued by the RA, as specified at 50 CFR States; Amendment 6 the following document identifier: 0648–AS16. 622.4(b)(3). There would be no earned AGENCY: National Marine Fisheries • Federal e-Rulemaking Portal: http:// income or landing requirements for Service (NMFS), National Oceanic and www.regulations.gov. Follow the these permits. Penaeid shrimp permits Atmospheric Administration (NOAA), instructions for submitting comments. would be required in the fishery 120 Commerce. • Mail: Steve Branstetter, Southeast days after the final rule containing the ACTION: Proposed rule; request for Regional Office, NMFS, 9721 Executive requirement for permits is published. comments. Center Drive N., St. Petersburg, FL This time period is considered adequate 33702. for vessel owners currently in the SUMMARY: NMFS issues this proposed • Fax: 727–824–5308. fishery to obtain, complete, and submit rule to implement Amendment 6 to the Copies of Amendment 6, which applications and for the RA to process Fishery Management Plan for the includes a Final Supplemental the applications and issue permits. Shrimp Fishery of the South Atlantic Environmental Impact Statement As specified at 50 CFR 622.4(d), a fee Region (FMP), as prepared and (FSEIS), an Initial Regulatory Flexibility would be charged for each application submitted by the South Atlantic Fishery Analysis (IRFA), a Regulatory Impact for a permit or written request for Management Council (Council). This Review, and a Social Impact replacement or transfer of a permit. The proposed rule would require an owner Assessment/Fishery Impact Statement, applicable fee would be specified on the or operator of a trawler that harvests or may be obtained from the South appropriate form.

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Information from permit applications required when the on-board or landed occurring (referred to as stock status would provide data on the universe of catch of penaeid shrimp by a trawler is determination criteria). Stock status trawlers in the fishery. Such data, in more than 1 percent, by weight, of all determination criteria consist of a combination with the proposed fish comprising its on-board or landed maximum fishing mortality threshold requirement for the submission of catch catch. Because most of the trawlers in (MFMT) (the level beyond which and effort reports and the proposed the South Atlantic rock shrimp fishery overfishing is considered to exist) and a requirement for vessels to carry exceed this criterion, they are already minimum stock size threshold (MSST) observers, when requested, would using BRDs. Thus, this new requirement (the level below which a stock is comprise part of the program to monitor would impose an additional burden on considered to be overfished). and assess bycatch, including protected few vessels. Accordingly, Amendment 6 proposes resources, in the South Atlantic shrimp Currently, the criterion for such criteria as follows. fisheries. In addition, a known universe certification of a BRD for use in the of permittees would enhance the ability South Atlantic penaeid shrimp fishery South Atlantic Penaeid Shrimp of fishermen to form constituencies and is its reduction of bycatch of Spanish Based on the established values of would contribute to improved mackerel and weakfish when tested MSY and OY for brown, pink, and white communication with owners and under the Bycatch Reduction Device shrimp, the Council proposes as MFMT operators regarding changes to the Testing Protocol Manual. When the a fishing mortality rate that diminishes regulations, research, and outreach. criterion was established, Spanish the stock below the stock abundance Vessel identification requirements mackerel and weakfish were overfished. that will produce MSY (BMSY) for two apply to all vessels that have been These species are no longer overfished. consecutive years, and proposes as issued permits by the RA. Thus, a vessel To better address National Standard 9 of MSST two thresholds: (1) a diminution that obtains a permit for the South the Magnuson-Stevens Act regarding the to W BMSY in one year, or (2) a Atlantic penaeid shrimp fishery would minimization of bycatch, and to support diminution below BMSY for two be required to display and maintain its the Council’s efforts to achieve an consecutive years. In addition, white official number in the manner ecosystem approach in fisheries shrimp would be considered overfished prescribed at 50 CFR 622.6(a). management, the Council proposes to when the overwintering white shrimp change the criterion. As proposed in population in a state’s waters declines Recordkeeping and Reporting and Amendment 6, for a new BRD to be Observers by 80 percent or more following a severe certified, it must be statistically winter that results in prolonged cold This proposed rule would require demonstrated that, when tested under water temperatures. A proxy for BMSY owners and operators of vessels with the Bycatch Reduction Device Testing would be established for each species as permits for South Atlantic rock shrimp Protocol Manual, the BRD can reduce follows: or South Atlantic penaeid shrimp who the total weight of finfish by at least 30 Brown shrimp - 2.000 individuals per are selected by the Science and percent. A general finfish reduction hectare. Research Director, Southeast Fisheries criterion would allow more flexible Pink shrimp - 0.461 individuals per Science Center, NMFS (SRD) to testing of BRDs by not emphasizing a hectare. maintain and submit catch and effort particular species, would conform to the White shrimp - 5.868 individuals per reports. Forms for such reporting would criterion currently applicable to the hectare. be available from the SRD. shrimp fishery in the eastern Gulf of These proxies are based on the lowest Similarly, this proposed rule would Mexico, and would allow certification values that produced catches meeting require owners and operators of vessels of two additional BRDs for use in the MSY in the following year, as with permits for South Atlantic rock Atlantic shrimp fisheries. determined using catch per unit of effort shrimp or South Atlantic penaeid Currently, under the BRD certification information in the 1990–2003 time shrimp to carry NMFS-approved framework in the FMP, changes to the period. observers on trips selected by the SRD. BRD testing protocol require Information from permit applications, considerable Council action, including Rock Shrimp required reporting, and observers would involvement of Council advisory panels The Council proposes to revise MSY provide information necessary for and committees. The Council has and OY for rock shrimp so that MSY effective management of the South concluded that revisions to the BRD equals OY and is 4,912,927 lb Atlantic shrimp fisheries. Those testing protocol, including experimental (2,228,466 kg), heads on, which is the information sources would also design issues and statistical procedures, mean total landings of South Atlantic comprise part of the program to monitor are technical matters that can be rock shrimp for the period 1986 through and assess bycatch in the Atlantic addressed appropriately and more 2000. The Council also proposes as shrimp fisheries. NMFS would also rely efficiently within the expertise of MFMT a fishing mortality rate that on state cooperation, specifically funded NMFS. Thus, Council consideration of would lead to annual landings larger projects, and the Atlantic Coastal these matters is burdensome, time than two standard deviations above Cooperative Statistics Program’s consuming, and unnecessary. MSY (14,687,774 lb (6,662,262 kg), Release, Discard and Protected Species Amendment 6 would revise the BRD heads on) for two consecutive years and Module, as that module is implemented. certification framework to remove the as MSST a stock size less than W BMSY Council’s responsibility for initiating for two consecutive years. While data BRDs action on these matters and transfer that are not currently available to precisely The Council has found that the responsibility to NMFS. estimate BMSY, improved data current regulations do not minimize collection, as addressed in Amendment Stock Status Determination Criteria bycatch in the South Atlantic rock 6, is expected to lead to the ability to shrimp fishery to the extent practicable, In accordance with the Magnuson- specify BMSY or an appropriate proxy. as required by the Magnuson-Stevens Stevens Act, the Council proposes to Act. Accordingly, Amendment 6 and establish objective and measurable Availability of Amendment 6 this rule would require the use of BRDs criteria for identifying when stocks are Additional background and rationale in that fishery. BRDs are currently overfished and when overfishing is for the measures discussed above are

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contained in Amendment 6. The of the Magnuson-Stevens Act and other (3) require BRDs in nets in the rock availability of Amendment 6 was applicable laws. NMFS, in making that shrimp fishery. In addition, Amendment announced in the Federal Register on determination, will take into account 6 would establish stock status March 7, 2005 (70 FR 10931). Written the data, views, and comments received determination criteria for South Atlantic comments on Amendment 6 must be during the comment periods on penaeid shrimp; revise the received by May 6, 2005. All comments Amendment 6 and this proposed rule. specifications of maximum sustainable received on Amendment 6 or on this This proposed rule has been yield and optimum yield for South proposed rule during their respective determined to be significant for Atlantic rock shrimp; revise the stock comment periods will be addressed in purposes of Executive Order 12866. status determination criteria for South the preamble to the final rule. The Council prepared an FSEIS for Atlantic rock shrimp; revise the bycatch Amendment 6; a notice of availability reduction criterion for the certification Additional Measures Proposed by was published on March 25, 2005 (70 of BRDs; and transfer from the Council NMFS FR 15316). The FSEIS evaluates the to the Regional Administrator, As general housekeeping changes, environmental effects of a number of Southeast Region, NMFS (RA), NMFS proposes to make a minor actions proposed to improve the responsibilities for the specification of correction and remove regulatory conservation and management of the protocol for testing BRDs. NMFS language that is no longer applicable, as shrimp stocks. The analysis indicates also proposes to remove provisions of follows: the preferred alternatives will benefit the regulations applicable to other 1. In § 622.4 paragraph (a)(2)(viii)(B) the quality of the human environment fisheries off the southern Atlantic states and in § 622.9 paragraph (a), effective over the long term by simplifying the that are no longer applicable, and date language is no longer applicable administrative process associated with proposes to make minor corrections. and would be removed. approving new bycatch reduction The intended effects of this rule are to 2. In § 622.4 paragraph (r)(12) devices, advancing understanding of provide additional information for, and explains the requirements and bycatch and fishery participants, and otherwise improve the effective procedures for obtaining an initial providing reference points to use in management of, the shrimp fisheries off charter vessel/headboat permit for evaluating stock status and fishery the southern Atlantic states, and to South Atlantic coastal migratory pelagic performance. correct and clarify the regulations fish. Since these initial procedures have NMFS prepared an IRFA, as required applicable to other southern Atlantic been completed, paragraph (r)(12) by section 603 of the Regulatory fisheries. The Magnuson-Stevens Act, as would be deleted. Flexibility Act, for this proposed rule. amended, provides the legal basis for 3. In § 622.7 paragraph (cc), in the The IRFA describes the economic the rule. prohibition regarding the required use impact this proposed rule, if adopted, The proposed rule would require that of permitted operators, the references would have on small entities. A any trawler fishing for or in possession would be corrected to include all description of the action, why it is being of penaeid shrimp in or from Federal pertinent paragraphs of the regulatory considered, and the legal basis for this waters be required to possess a Federal text. action are contained at the beginning of penaeid shrimp permit and to provide 4. In § 622.17 paragraph (a), the this section in the preamble and in the the information specified on the permit provisions for additional permits in the SUMMARY section of the preamble. A application. Selected vessels would also southern zone in the South Atlantic summary of the IRFA follows. have to complete logbook forms at the golden crab fishery under the controlled To satisfy the requirements of the end of each trip. The information access system have expired and would Magnuson-Stevens Act, the Council has required for the permit application and be removed. proposed eight actions to amend the logbook are standard information and 5. Under §§ 622.18 and 622.19, all Shrimp Fishery Management Plan of the data elements necessary for the routine initial permits for the South Atlantic South Atlantic Region. These actions are operation of a fishing business and are snapper-grouper fishery and the South intended to improve the identification not expected to impose any special Atlantic rock shrimp fishery under their and quantification of bycatch from reporting or recordkeeping limited access systems have been brown, pink, or white shrimp (penaeid requirements. issued. Accordingly, language regarding shrimp) and rock shrimp trawls; No duplicative, overlapping, or initial eligibility and applications would improve the identification and conflicting Federal rules have been be removed. quantification of the known universe of identified. 6. In Table 4 of Appendix A to Part penaeid shrimp vessels; reduce the The measures in this proposed rule 622, the listing of South Atlantic bycatch from rock shrimp trawls; would apply to the commercial snapper-grouper species combines sea promote the use of more effective BRDs harvesting sector active in the penaeid basses and groupers under Serranidae. by amending the BRD framework and rock shrimp fisheries in the South Although both sea basses and groupers system; and establish status Atlantic. The Small Business are Serranidae, management measures determination criteria, or proxies Administration defines a small business distinguish between them. Accordingly, thereof, as necessary, for penaeid and that engages in commercial fishing as a this rule would separate the Serranidae rock shrimp stocks. firm that is independently owned and into Serranidae—Groupers and This proposed rule would: (1) require operated, is not dominant in its field of Serranidae—Sea Basses. an owner or operator of a trawler that operation, and has annual receipts up to 7. At various locations in 50 CFR part harvests or possesses penaeid shrimp in $3.5 million per year. 622, ‘‘jewfish’’ would be changed to or from the EEZ off the southern It is estimated that there were at least ‘‘goliath grouper’’ to conform to the Atlantic states to obtain a commercial 2,129, 1,835, and 1,731 commercial current name for that fish. vessel permit for South Atlantic penaeid entities harvesting shrimp in the South shrimp; (2) require an owner or operator Atlantic during 2000, 2001, and 2002, Classification of a vessel in the South Atlantic rock respectively. The average annual gross At this time, NMFS has not shrimp or penaeid shrimp fishery to revenue per vessel from all commercial determined that Amendment 6 is submit catch and effort reports and to fishing activities by these vessels for consistent with the national standards carry an observer on selected trips; and 2000–2002 is estimated to be $76,879,

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$67,706, and $66,853, respectively. The have a rock shrimp permit, the penaeid entities? All entities participating in the rock shrimp fishery is a sub-sector of the shrimp permit would cost only $20 for respective shrimp fisheries are shrimp fishery. The number of active these vessels. considered small entities, so the issue of vessels in this sector was 182, 159, and Under the proposed rule, a sample of disproportionality does not arise. 148 for 2000–2002, respectively. Since vessels that are issued the Federal However, there is a high degree of July 2003, a limited access rock shrimp penaeid shrimp permit would be diversity among the vessels in the endorsement has been required onboard selected for reporting through a logbook shrimp fleet in terms of vessel length, a vessel to fish for or possess rock program. The sample size has not been and variation in overall gross fishing shrimp in the South Atlantic EEZ off determined and, hence, it is unknown income, vessel operating and fixed Georgia and Florida. To date, 145 how many small entities would have to costs, and dependence on income from limited access endorsements have been comply with this new reporting shrimp harvest are all related to vessel issued. The average revenue per rock requirement. A final logbook form for length. Nevertheless, as discussed shrimp vessel from 2000–2002 is this fishery has not been developed. below, the costs of the proposed actions estimated to be $241,079, $239,861, and Potential data elements would be are not expected to be great enough to $192,502, respectively. The highest expected to include, but not necessarily affect competitive advantage. gross revenue observed for a single be limited to, vessel name, vessel The profitability question is: Do the vessel in the shrimp fishery during identifier, number of nets, type of net, regulations significantly reduce profit 2000–2002, regardless of species focus, size of net, type of bycatch reduction for a substantial number of small did not exceed $1.0 million. There are device, number of tows, length of tows entities? The current profitability of insufficient data regarding potential (in hours), location of tow (either in vessels in the commercial shrimp ownership affiliation between vessels to terms of latitude and longitude or fishery that are likely to be affected by identify whether an individual entity statistical area and depth), and an the measures in this amendment is controlled sufficient numbers of vessels estimate of catch. The logbook would be unknown. Existing studies on the to achieve large entity status. Therefore, completed on a daily basis. Completion shrimp fleet in the South Atlantic are it is assumed that each vessel represents of the logbook is estimated to take 10 dated and not reflective of the current a separate business entity and, based on minutes per daily form. Based on data conditions in this fishery. Imports have the revenue profiles provided above, all from the Florida trip ticket program, the had a substantial negative effect on the entities in the South Atlantic shrimp average east coast shrimp vessel profitability of vessels in the domestic fishery are assumed to be small entities. averages 61.5 fishing days per year. At shrimp industry since the 1990s. A The proposed actions to implement a 10 minutes per day to complete the study on the penaeid shrimp fishery off Federal penaeid shrimp permit program, logbook, the average annual reporting South Carolina during 1999 indicated require logbook reporting, and require burden per vessel would be 615 that many vessels were operating on the use of BRDs on the rock shrimp minutes, or 10.25 hours. Using the break-even levels of activity. This vessels are expected to have direct average wage of first line supervisors/ fishery was classified into three impacts on the entities that participate managers in the fishing, forestry, and operational size categories based on in these fisheries. All the other farming industries from the Bureau of differences in operating costs, profit proposed actions are either Labor Statistics, $18.14, the average margins, and ability of the vessel owner administrative or establish fishery annual opportunity cost per vessel for to make input substitutions. Small benchmark criteria that would not logbook reporting would be vessels (less than 30 ft (9 m)) had an directly affect fishery participants. approximately $185.94 ($18.14/hour X average annual profitability of $2,533, The requirement for permits in the 10.25 hours). Completion of the form is medium vessels $10,086, and large penaeid shrimp fishery is expected to not expected to adversely affect other vessels $8,639. It is not known whether affect 1,380 to 1,898 vessels. The lower trip or maintenance activities. these data were representative of the bound assumes that only those The proposed action to require BRDs shrimp fleet in the other South Atlantic commercial shrimp vessels that operate in the rock shrimp fishery is expected states. Regardless, current profit margins in state offshore and Federal waters in to affect the profitability of an estimated are expected to be lower as a result of the South Atlantic would apply for the 43 vessels, or approximately 30 percent the decline in prices since 1999 and permit, and is the average number of of this sub-sector of the shrimp fishery. increases in fuel prices and other input vessels estimated to operate in these The other vessels in this sub-sector are costs. waters per year during 2000–2002. The assumed to already utilize BRDs due to The average annual revenue from all upper bound assumes that all their concurrent participation in the commercial fishing activities for shrimp commercial shrimp vessels that operate penaeid shrimp fishery, which already vessels operating in the South Atlantic in the South Atlantic, regardless of requires the use of BRDs if the during 2000–2002 ranged from $70,749 whether they typically fish in inshore or proportion of penaeid shrimp exceeds 1 for vessels that fished in either or both offshore waters, would apply for the percent. The use of BRDs is estimated to inshore and offshore waters to $81,362 permit, and is the average number of result in a maximum of 3 percent for vessels that operated only in offshore vessels estimated to operate per year shrimp loss on rock shrimp trips. This waters. The annual cost of a permit during 2000–2002. It is expected that all amounts to a reduction of $1,382 in would be only $50 if the vessel obtained rock shrimp vessels would apply for the gross revenue per vessel, or 0.6 percent a single permit, or $20 if the vessel penaeid shrimp permit, and the reduction in revenue per affected vessel possessed multiple permits and thus estimates include these vessels. The cost in the rock shrimp fishery. would represent a small additional of the penaeid shrimp permit would be The determination of significant operational cost. A time burden would either $50 or $20, depending upon economic impact can be ascertained by also be imposed in order to complete whether the permit is the only permit examining two issues: the permit application form. This time held by the vessel, therefore costing $50, disproportionality and profitability. The burden is estimated to be 0.33 hours per or whether it represents an additional disproportionality question is: Will the application, with an opportunity cost of permit, thus costing only $20. Since all regulations place a substantial number approximately $6. There would not, vessels operating in the rock shrimp of small entities at a significant however, be any additional actual fishery are currently already required to competitive disadvantage to large expenditures other than to cover

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postage. The burden associated with region and wish only to transit or land commercial vessel permits for the logbook reporting is similarly a time shrimp in the South Atlantic. Both penaeid shrimp fishery; (2) cost, estimated to have an opportunity alternatives, however, would produce identification of such permitted vessels, cost of $185.94 per vessel, as discussed law enforcement loopholes that could i.e., vessel marking requirements; (3) above, and is not expected to adversely lower compliance rates, thus submission of logbooks by permitted affect operation or productivity of the jeopardizing the expected benefits of the vessels in the rock shrimp and penaeid vessel and, thus, not impose any direct proposed action and failing to meet the shrimp fisheries; (4) notification of financial costs. Council’s objectives. vessel trips in the rock shrimp and The proposed BRD requirement for Three alternatives were considered to penaeid shrimp fisheries related to the rock shrimp sector is expected to the proposed logbook requirement. The vessel observers; and (5) applications for impact those vessels that do not status quo alternative would not support currently utilize BRDs. As previously the collection of necessary bycatch testing proposed bycatch reduction stated, it is estimated that the majority information and would not, therefore, devices, conducting such tests, and of vessels in this fishery currently have meet the Council’s objectives. The reporting the results of tests, as BRDs, but that an estimated 43 vessels remaining two alternatives would prescribed by the Bycatch Reduction would be affected by the proposed impose time costs on the fishery Device Testing Protocol Manual. These action. The estimated cost of the BRD- participants comparable to those of the requirements have been submitted to induced shrimp loss is $1,382 in gross proposed action and, thus, would not OMB for approval. The public reporting revenue per vessel, or a 0.6 percent lessen the impact on the small business burdens for these collections of reduction in revenue per affected vessel. entities. The proposed action, however, information are estimated to average 20 Additionally, BRDs are estimated to cost would provide a more systematic minutes per response for each permit $20-$100 each, or $80-$400 per vessel interim data collection approach until application, 45 minutes for each vessel since most rock shrimp vessels pull four the more comprehensive Atlantic coast- to be identified, 10 minutes for each nets. Combining the revenue loss wide bycatch program developed by the logbook submission, 5 minutes for each ($1,382) and penaeid shrimp permit cost Atlantic Coastal Cooperative Statistics notification of a vessel trip, and 186 ($20 since the vessel would already Program is funded and implemented. hours per respondent for the have the rock shrimp permit), and Four alternatives were considered to requirements prescribed by the Bycatch assuming the maximum BRD cost the proposed BRD requirement for rock Reduction Device Testing Protocol ($400), these 43 rock shrimp vessels shrimp vessels. The no action Manual. These estimates of the public would be expected to incur $1,802 in alternative would not provide any reporting burdens include the time for reduced revenues or increased costs, an reduction in bycatch and would not, reviewing instructions, searching therefore, meet the Council’s objectives. amount less than 1 percent of average existing data sources, gathering and The remaining three alternatives would annual revenues. It should be noted, maintaining the data needed, and however, that ex-vessel shrimp price impose seasonal closures (fall, winter, completing and reviewing the reductions and fuel price increases or summer) to address the bycatch collections of information. Public since 2002 have substantially reduced problem. Each of these alternatives the profitability of shrimp vessels, would result in greater economic losses comment is sought regarding: whether thereby increasing the potential net than the proposed action, ranging from these proposed collections of impact of the BRD requirements of the a $5,901 reduction in gross revenues per information are necessary for the proper proposed action. vessel per year for a winter closure to performance of the functions of the Three alternatives were considered to $42,363 for a summer closure, compared agency, including whether the the proposed action to require a penaeid to an estimated maximum loss of $1,382 information will have practical utility; shrimp permit. The status quo under the proposed BRD requirement. the accuracy of the burden estimates; alternative would not require a permit The projected losses under the summer ways to enhance the quality, utility, and and, therefore, would eliminate all costs and fall closures would likely be clarity of the information to be associated with the permit. This sufficiently great to force some vessels collected; and ways to minimize the alternative, however, would not meet to exit the industry. While seasonal burden of the collections of information, the Council’s objective of allowing for closures would likely result in larger including through the use of automated the efficient and accurate identification total bycatch reductions than the collection techniques or other forms of of vessels in the shrimp fishery, and the proposed action, the proposed action information technology. Send comments indirect economic benefits from better better meets the Council’s objectives regarding the burden estimates or any data collection and management would while minimizing the social and other aspect of the collection-of- not be realized. Two alternatives to the economic consequences. information requirements, including proposed action would require shrimp Notwithstanding any other provision suggestions for reducing the burden, to of law, no person is required to respond trawlers to purchase a Federal penaeid NMFS and to OMB (see ADDRESSES). shrimp permit, like the proposed action, to, nor shall a person be subject to a but would allow exemptions for vessels penalty for failure to comply with, a List of Subjects in 50 CFR Part 622 in transit with properly stowed gear. collection of information subject to the These two alternatives, however, differ requirements of the Paperwork Fisheries, Fishing, Puerto Rico, in the qualification requirements, one Reduction Act (PRA), unless that Reporting and recordkeeping alternative granting a permit for anyone collection of information displays a requirements, Virgin Islands. who applied, as would the proposed currently valid Office of Management Dated: May 23, 2005. action, while the other alternative and Budget (OMB) control number. William T. Hogarth would require documentation of a state This proposed rule contains permit. Neither of these alternatives collection-of-information requirements Assistant Administrator for Fisheries, National Marine Fisheries Service. would reduce the costs to those who subject to the PRA applicable to vessels operate in the South Atlantic fishery but in the South Atlantic shrimp fishery-- For the reasons set out in the would eliminate the additional permit namely, requirements for: (1) preamble, 50 CFR part 622 is proposed cost for vessels that operate outside the submission of applications for to be amended as follows:

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PART 622—FISHERIES OF THE Atlantic penaeid shrimp in or from state initial commercial vessel permits have CARIBBEAN, GULF, AND SOUTH waters adjoining the Atlantic EEZ, who been issued for the fishery. All permits ATLANTIC is selected to report by the SRD must in the fishery are issued on a fishing- maintain a fishing record on a form year (calendar-year) basis. No additional 1. The authority citation for part 622 available from the SRD and must submit permits may be issued except for the continues to read as follows: such record as specified in paragraph northern zone as follows: Authority: 16 U.S.C. 1801 et seq. (a)(2) of this section. (1) The RA will issue up to two new (2) * * * 2. In § 622.2, the definition of vessel permits for the northern zone. (i) Completed fishing records required ‘‘Penaeid shrimp trawler’’ is revised and Selection will be made from the list of by paragraphs (a)(1)(i), (ii), (iv), (vi), and the definition of ‘‘Penaeid shrimp’’ is historical participants in the South (vii) of this section must be submitted added in alphabetical order to read as Atlantic golden crab fishery. Such list to the SRD postmarked not later than 7 follows: was used at the October 1995 meeting days after the end of each fishing trip. of the South Atlantic Fishery § 622.2 Definitions and acronyms. * * * Management Council and was * * * * * * * * * * prioritized based on pounds of golden Penaeid shrimp means one or more of 5. In § 622.7, paragraphs (aa) and (cc) crab landed, without reference to a the following species, or a part thereof: are revised to read as follows: specific zone. Individuals on the list who originally received permits will be (1) Brown shrimp, Farfantepenaeus § 622.7 Prohibitions. aztecus. deleted from the list. (2) Pink shrimp, Farfantepenaeus * * * * * (2) The RA will offer in writing an (aa) Falsify information submitted duorarum. opportunity to apply for a permit for the regarding an application for testing a (3) White shrimp, Litopenaeus northern zone to the individuals highest BRD or regarding testing of a BRD, as setiferus. on the list until two individuals accept specified in §§ 622.41(g)(3)(i) or (h)(3). Penaeid shrimp trawler means any and apply in a timely manner. An offer vessel that is equipped with one or more * * * * * that is not accepted within 30 days after trawl nets whose on-board or landed (cc) Operate or own a vessel that is it is received will no longer be valid. catch of penaeid shrimp is more than 1 required to have a permitted operator (3) An application for a permit from percent, by weight, of all fish aboard when the vessel is at sea or an individual who accepts the RA’s comprising its on-board or landed catch. offloading without such operator offer must be received by the RA no aboard, as specified in § 622.4(a)(5)(i) * * * * * later than 30 days after the date of the through (iv). 3. In § 622.4, in the first sentence of individual’s acceptance. Application paragraph (a)(2)(viii)(B), the phrase * * * * * forms are available from the RA. ‘‘effective July 15, 2003,’’ is removed; 6. In § 622.8, paragraph (a)(3) is added (4) A vessel permit for the northern paragraph (r)(12) is removed; and to read as follows: zone issued under paragraph (a)(1) of paragraph (a)(2)(xiii) is added to read as § 622.8 At-sea observer coverage. this section, and any successor permit, follows: may not be changed to another zone. A (a) * * * successor permit includes a permit (3) South Atlantic rock or penaeid § 622.4 Permits and fees. issued to that vessel for a subsequent shrimp. A vessel for which a Federal owner and a permit issued via transfer (a) * * * commercial permit for South Atlantic from that vessel to another vessel. (2) * * * rock shrimp or South Atlantic penaeid (xiii) South Atlantic penaeid shrimp. shrimp has been issued must carry a * * * * * For a person aboard a trawler to fish for NMFS-approved observer, if the vessel’s 9. § 622.18 is revised to read as penaeid shrimp in the South Atlantic trip is selected by the SRD for observer follows: EEZ or possess penaeid shrimp in or coverage. from the South Atlantic EEZ, a valid § 622.18 South Atlantic snapper-grouper commercial vessel permit for South * * * * * limited access. Atlantic penaeid shrimp must have been 7. In § 622.9, the first sentence of (a) General. The only valid issued to the vessel and must be on paragraph (a) is revised to read as commercial vessel permits for South board. follows: Atlantic snapper-grouper are those that * * * * * § 622.9 Vessel monitoring systems have been issued under the limited 4. In § 622.5, the first sentence of (VMSs). access criteria specified in the Fishery paragraph (a)(2)(i) is revised and (a) Requirement for use. An owner or Management Plan for the Snapper- paragraph (a)(1)(vii) is added to read as operator of a vessel that has been issued Grouper Fishery of the South Atlantic follows: a limited access endorsement for South Region. A commercial vessel permit for Atlantic rock shrimp must ensure that South Atlantic snapper-grouper is either § 622.5 Recordkeeping and reporting. such vessel has a NMFS-approved, a transferable commercial permit or a * * * * * operating VMS on board when on a trip trip-limited commercial permit. (a) * * * in the South Atlantic. * * * (b) Transfers of permits. A snapper- grouper limited access permit is valid (1) * * * * * * * * (vii) South Atlantic rock or penaeid 8. In § 622.17, paragraph (a) is revised only for the vessel and owner named on shrimp. The owner or operator of a to read as follows: the permit. To change either the vessel vessel for which a commercial permit or the owner, an application for transfer for South Atlantic rock shrimp or South § 622.17 South Atlantic golden crab must be submitted to the RA. Atlantic penaeid shrimp has been controlled access. (1) Transferable permits. (i) An owner issued, as required under (a) General. In accordance with the of a vessel with a transferable permit § 622.4(a)(2)(viii) or (xiii), respectively, procedures specified in the Fishery may request that the RA transfer the or whose vessel fishes for or lands Management Plan for the Golden Crab permit to another vessel owned by the South Atlantic rock shrimp or South Fishery of the South Atlantic Region, same entity.

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(ii) A transferable permit may be (c) Renewal. The RA will not reissue spreads the net, or to a tow rope, cable, transferred upon a change of ownership a limited access endorsement for South pole, or extension, either on board or of a permitted vessel with such permit Atlantic rock shrimp if the endorsement attached to a shrimp trawler. from one to another of the following: is revoked or if the RA does not receive (2) Certified BRDs. The following husband, wife, son, daughter, brother, a complete application for renewal of BRDs are certified for use in the South sister, mother, or father. the endorsement within 1 year after the Atlantic EEZ. Specifications of these (iii) Except as provided in paragraphs endorsement’s expiration date. certified BRDs are contained in (b)(1)(i) and (ii) of this section, a person (d) Non-renewal of inactive Appendix D of this part. desiring to acquire a limited access, endorsements. In addition to the (i) Extended funnel. transferable permit for South Atlantic sanctions and denials specified in (ii) Expanded mesh. snapper-grouper must obtain and § 622.4(j)(1), a limited access (iii) Fisheye. exchange two such permits for one new endorsement for South Atlantic rock (iv) Gulf fisheye. permit. shrimp that is inactive for a period of 4 (v) Jones-Davis. (iv) A transfer of a permit that is consecutive calendar years will not be (3) Certification of additional BRDs. undertaken under paragraph (b)(1)(ii) of renewed. For the purpose of this (i) A person who proposes a BRD for this section will constitute a transfer of paragraph, ‘‘inactive’’ means that the certification for use in the South the vessel’s entire catch history to the vessel with the endorsement has not Atlantic EEZ must submit an new owner. landed at least 15,000 lb (6,804 kg) of application to test such BRD, conduct (2) Trip-limited permits. An owner of rock shrimp from the South Atlantic the testing, and submit the results of the a vessel with a trip- limited permit may EEZ in a calendar year. test in accordance with the Bycatch request that the RA transfer the permit (e) Reissuance of non-renewed Reduction Device Testing Protocol to another vessel owned by the same permits. A permit that is not renewed Manual, which is available from the RA entity. under paragraph (d) of this section will upon request. be made available to a vessel owner (c) Renewal. NMFS will not reissue a (ii) For a new BRD to be certified, it randomly selected from a list of owners commercial vessel permit for South must be statistically demonstrated that who had documented landings of rock Atlantic snapper-grouper if the permit is in testing under the Bycatch Reduction shrimp from the South Atlantic EEZ revoked or if the RA does not receive an Device Testing Protocol Manual the BRD prior to 1996 but who did not qualify for application for renewal within 60 days can reduce the total weight of finfish an initial limited access endorsement. of the permit’s expiration date. taken as bycatch by at least 30 percent. Owners’ names have been placed on the (iii) If a BRD meets the certification 10. § 622.19 is revised to read as list in accordance with the procedures follows: criterion, as determined under the specified in the FMP for the Shrimp testing protocol, NMFS will publish a § 622.19 South Atlantic rock shrimp Fishery of the South Atlantic Region. notice in the Federal Register adding limited access. 11. In § 622.41, paragraph (g) is the BRD to the list of certified BRDs in (a) Applicability. For a person aboard revised to read as follows: paragraph (g)(2) of this section and a vessel to fish for rock shrimp in the § 622.41 Species specific limitations. providing the specifications for the newly certified BRD, including any South Atlantic EEZ off Georgia or off * * * * * Florida or possess rock shrimp in or (g) Rock and penaeid shrimp in the special conditions deemed appropriate from the South Atlantic EEZ off Georgia South Atlantic—(1) BRD requirements. based on the certification testing results. or off Florida, a limited access Except as exempted in paragraph (g)(4) (4) Limited exemption. A rock or endorsement for South Atlantic rock of this section, BRDs are required as penaeid shrimp trawler that is shrimp must be issued to the vessel and follows: authorized by the RA to test a BRD in must be on board. (i) On a penaeid shrimp trawler in the the EEZ for possible certification, has (b) Transfer of an endorsement. A South Atlantic EEZ, each trawl net that such written authorization on board, limited access endorsement for South is rigged for fishing and has a mesh size and is conducting such test in Atlantic rock shrimp is valid only for less than 2.50 inches (6.35 cm), as accordance with the Bycatch Reduction the vessel and owner named on the measured between the centers of Device Testing Protocol Manual is permit/endorsement. To change either opposite knots when pulled taut, and granted a limited exemption from the the vessel or the owner, an application each try net that is rigged for fishing and BRD requirement specified in paragraph for transfer must be submitted to the has a headrope length longer than 16.0 (g)(1) of this section. The exemption RA. An owner of a vessel with an ft (4.9 m), must have a certified BRD from the BRD requirement is limited to endorsement may request that the RA installed. those trawls that are being used in the transfer the endorsement to another (ii) On a vessel that fishes for or certification trials. All other trawls vessel owned by the same entity, to the possesses rock shrimp in the South rigged for fishing must be equipped same vessel owned by another entity, or Atlantic EEZ, each trawl net or try net with certified BRDs. to another vessel with another owner. A that is rigged for fishing must have a * * * * * transfer of an endorsement under this certified BRD installed. 12. In Table 4 of Appendix A to Part paragraph will include the transfer of (iii) A trawl net or try net is rigged for 622—South Atlantic Snapper–Grouper, the vessel’s entire catch history of South fishing if it is in the water, or if it is the heading and species listed under Atlantic rock shrimp to a new owner; no shackled, tied, or otherwise connected Serranidae—Sea Basses and Groupers partial transfers are allowed. to a sled, door, or other device that are revised to read as follows:

TABLE 4 OF APPENDIX A TO PART 622—SOUTH ATLANTIC SNAPPER–GROUPER ******* Serranidae—Groupers Rock hind, Epinephelus adscensionis Graysby, Epinephelus cruentatus Speckled hind, Epinephelus drummondhayi

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TABLE 4 OF APPENDIX A TO PART 622—SOUTH ATLANTIC SNAPPER–GROUPER—Continued Yellowedge grouper, Epinephelus flavolimbatus Coney, Epinephelus fulvus Red hind, Epinephelus guttatus Goliath grouper, Epinephelus itajara Red grouper, Epinephelus morio Misty grouper, Epinephelus mystacinus Warsaw grouper, Epinephelus nigritus Snowy grouper, Epinephelus niveatus Nassau grouper, Epinephelus striatus Black grouper, Mycteroperca bonaci Yellowmouth grouper, Mycteroperca interstitialis Gag, Mycteroperca microlepis Scamp, Mycteroperca phenax Tiger grouper, Mycteroperca tigris Yellowfin grouper, Mycteroperca venenosa Serranidae—Sea Basses Bank sea bass, Centropristis ocyurus Rock sea bass, Centropristis philadelphica Black sea bass, Centropristis striata *******

PART 622—[AMENDED] ADDRESSES: Meeting addresses: The Reef Fish Resources of the Gulf of public hearings and workshops will be Mexico: Reef Fish Amendment 18A 13. In part 622, revise all references to held in Port Isabel, Galveston, and Port deals with enforcement and monitoring ‘‘jewfish’’ to read ‘‘goliath grouper’’. Aransas, Texas; St. Rose, Louisiana; issues, including simultaneous [FR Doc. 05–10671 Filed 5–26–05; 8:45 am] Biloxi, Mississippi; Orange Beach, commercial and recreational harvest on BILLING CODE 3510–22–S Alabama; and Destin, Madeira Beach, a vessel (to improve enforceability of Naples, and Key West, Florida. For prohibition on sale of recreationally specific locations see SUPPLEMENTARY caught reef fish), maximum crew size on DEPARTMENT OF COMMERCE INFORMATION. a Coast Guard inspected vessel when fishing commercially (to resolve a National Oceanic and Atmospheric Council address: Gulf of Mexico conflict between NMFS maximum crew Administration Fishery Management Council, 3018 North U.S. Highway 301, Suite 1000, size and USCG minimum crew size regulations), use of reef fish for bait, and 50 CFR Part 622 Tampa, FL 33619. FOR FURTHER INFORMATION CONTACT: Mr. vessel monitoring system (VMS) [I.D. 052405A] Stu Kennedy, Fishery Biologist, Gulf of requirements on commercial reef fish vessels. Amendment 18A also addresses Gulf of Mexico Fishery Management Mexico Fishery Management Council; telephone: 813.228.2815. administrative changes to the Council; Public Hearings framework procedure for setting total SUPPLEMENTARY INFORMATION: The Gulf allowable catch (TAC) of reef fish, and AGENCY: National Marine Fisheries of Mexico Fishery Management Council measures to reduce bycatch and bycatch Service (NMFS), National Oceanic and (Council) will convene pubic hearings mortality of endangered sea turtles and Atmospheric Administration (NOAA), to solicit comments on two issues in the smalltooth sawfish taken inadvertently Commerce. following order: in the commercial and charter/headboat ACTION: Proposed rule; public hearings. 1. Draft Amendment to the FMPs for reef fish fishery. Reef Fish (Amendment 25) and Coastal After the public hearings, workshops SUMMARY: The Gulf of Mexico Fishery Migratory Pelagics (Amendment 17) for will be held to address potential interim Management Council (Council) will extending the Charter Vessel/Headboat measures to reduce recreational red convene public hearings to solicit Permit Moratorium. Amendments grouper harvest in the Gulf of Mexico, comments on the Draft Amendment to establishing the charter vessel/headboat with associated impacts on gag and the FMPs for Reef Fish (Amendment 25) permit moratorium for the CMP fishery other groupers: Secretarial Amendment and Coastal Migratory Pelagics (CMP) and the Reef Fish fishery that were 1 to the Reef Fish Fishery Management (Amendment 17) for extending the approved by NOAA Fisheries on May 6, Plan of the Gulf of Mexico established Charter Vessel/Headboat Permit 2003, and implemented on June 16, a rebuilding plan and 6.56 mp GW Moratorium and Draft Amendment 18A 2003 (68 FR 26280). The intended effect allowable biological catch for red to the Reef Fish Fishery Management of these Amendments was to cap the grouper. During 2003 and 2004, Plan for the Reef Fish Resources of the number of for-hire vessels operating in recreational red grouper landings Gulf of Mexico, and to conduct a these two fisheries at the current level exceeded the 1.25 mp GW recreational workshop on potential interim measures (as of March 29, 2001) while the Council allocation. In March 2005, the Gulf to reduce recreational red grouper evaluated whether limited access Council requested NMFS implement an harvest in the Gulf of Mexico, with programs were needed to constrain interim rule to reduce the 2005 associated impacts on gag and other effort. In this amendment, the Council is recreational red grouper harvest to groupers. considering allowing the permit to levels in Secretarial Amendment 1. The DATES: The public hearings and expire on June 16, 2006 or extending the purpose of this action is to establish workshops will be held from June 13 moratorium on for-hire Reef Fish and interim regulations that reduce the through June 29, 2005, at 10 locations CMP permits for a finite period of time likelihood overfishing for red grouper throughout the Gulf of Mexico. For or indefinitely. will occur in 2005. Possible measures specific dates and times see 2. Draft Amendment 18A to the Reef include changes to the red grouper and SUPPLEMENTARY INFORMATION. Fish Fishery Management Plan for the aggregate grouper bag limits, changes in

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size limit, and a closed season for all Monday, June 20, 2005, The San Luis Madeira Beach, Florida 33708, 727– groupers. Resort, 5222 Seawall Boulevard, 391–9951. The public hearings and workshops Galveston Island, Texas 77551, 409– A copy of the Amendments and will begin at 6 p.m. and conclude no 744–1500. related materials can be obtained by later than 10 p.m. at each of the Wednesday June 22, 2005, University calling the Council office at following locations: of Texas Marine Science Institute 813.228.2815. Monday, June 13, 2005, New Orleans Auditorium, 750 Channel View Drive, Special Accomodations Airport Ramada Inn and Suites, 110 Port Aransas, Texas 78373, 361–749– James Drive East, St. Rose, Louisiana 6711. These meetings are physically 70087, 504–466–1355. Thursday, June 23, 2005, Port Isabel accessible to people with disabilities. Tuesday, June 14, 2005, Mississippi Community Center, 213 Yturria, Port Requests for sign language Department of Marine Resources, 1141 Isabel, Texas 78578, 956–943–2682. interpretation or other auxiliary aids Bayview Drive, Biloxi, Mississippi should be directed to Dawn Aring at the 39530, 228–374–5000. Monday, June 27, 2005, DoubleTree Grand Key Resort, 3990 S. Roosevelt Council (see ADDRESSES) by June 6, Wednesday, June 15, 2005, Orange 2005. Beach Community Center, 4849 Wilson Boulevard, Key West, Florida 33040, Boulevard, Orange Beach, Alabama 888–310–1540. Dated: May 24, 2005. 36561, 251–981–6028. Tuesday, June 28, 2005, Hilton, 5111 Alan D. Risenhoover Thursday, June 16, 2005, Destin Tamiami Trail North, Naples, Florida Acting Director, Office of Sustainable Community Center, 101 Stahlman 34103, 239–430–4900. Fisheries, National Marine Fisheries Service. Avenue, Destin, Florida 32541, 850– Wednesday, June 29, 2005, City of [FR Doc. 05–10665 Filed 5–26–05; 8:45 am] 654–5184. Madeira Beach, 300 Municipal Drive, BILLING CODE 3510–22–S

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Notices Federal Register Vol. 70, No. 102

Friday, May 27, 2005

This section of the FEDERAL REGISTER available for public inspection in the responsible for informing the public of contains documents other than rules or FSIS Docket Room at the address listed SPS standard-setting activities of each proposed rules that are applicable to the above between 8:30 a.m. and 4:30 p.m., international standard-setting public. Notices of hearings and investigations, Monday through Friday. The comments organization. The Secretary of committee meetings, agency decisions and also will be posted on the Agency’s Web Agriculture has delegated to the rulings, delegations of authority, filing of site at http://www.fsis.usda.gov/ Administrator, Food Safety and petitions and applications and agency _ _ statements of organization and functions are regulations/2005 notices index/. Inspection Service (FSIS), the examples of documents appearing in this FOR FURTHER INFORMATION CONTACT: F. responsibility to inform the public of section. Edward Scarbrough, Ph.D., United the SPS standard-setting activities of States Manager for Codex, U.S. Codex. The FSIS Administrator has, in Department of Agriculture, Office of the turn, assigned the responsibility for DEPARTMENT OF AGRICULTURE Under Secretary for Food Safety, Room informing the public of the SPS 4861, South Agriculture Building, 1400 standard-setting activities of Codex to Food Safety and Inspection Service Independence Avenue, SW., the U.S. Codex Office, FSIS. Codex was created in 1962 by two [Docket No. 05–003N] Washington, DC 20250–3700; (202) 205– 7760. For information pertaining to U.N. organizations, the Food and International Standard-Setting particular committees, the delegate of Agriculture Organization (FAO) and the Activities that committee may be contacted. (A World Health Organization (WHO). complete list of U.S. delegates and Codex is the principal international AGENCY: Food Safety and Inspection alternate delegates can be found in organization for encouraging fair Service, USDA. Attachment 2 to this notice.) Documents international trade in food and ACTION: Notice. pertaining to Codex are accessible via protecting the health and economic the World Wide Web at the following interests of consumers. Through SUMMARY: This notice informs the public address: http:// adoption of food standards, codes of of the sanitary and phytosanitary www.codexalimentarius.net/ practice, and other guidelines standard-setting activities of the Codex current.asp. The U.S. Codex Office also developed by its committees and by Alimentarius Commission (Codex), in maintains a Web site at http:// promoting their adoption and accordance with section 491 of the www.fsis.usda.gov/ implementation by governments, Codex Trade Agreements Act of 1979, as Regulations_&_Policies/Codex_Alime seeks to ensure that the world’s food amended, and the Uruguay Round ntarius/index.asp. supply is sound, wholesome, free from Agreements Act, Public Law 103–465, adulteration, and correctly labeled. In SUPPLEMENTARY INFORMATION: 108 Stat. 4809. This notice also provides the United States, the United States a list of other standard-setting activities Background Department of Agriculture (USDA); the of Codex, including commodity The World Trade Organization (WTO) Food and Drug Administration (FDA), standards, guidelines, codes of practice, was established on January 1, 1995, as Department of Health and Human and revised texts. This notice, which the common international institutional Services (HHS); and the Environmental covers the time periods from June 1, framework for the conduct of trade Protection Agency (EPA) manage and 2004, to May 31, 2005, and June 1, 2005, relations among its members in matters carry out U.S. Codex activities. to May 31, 2006, seeks comments on related to the Uruguay Round Trade As the agency responsible for standards currently under consideration Agreements. The WTO is the successor informing the public of the SPS and recommendations for new organization to the General Agreement standard-setting activities of Codex, standards. on Tariffs and Trade (GATT). U.S. FSIS publishes this notice in the Federal Register annually. Attachment ADDRESSES: Comments may be membership in the WTO was approved submitted by any of the following and the Uruguay Round Agreements Act 1 (Sanitary and Phytosanitary Activities methods: was signed into law by the President on of Codex) sets forth the following • Mail, including floppy disks or CD- December 8, 1994. The Uruguay Round information: 1. The SPS standards under ROM’s, and hand-or courier-delivered Agreements became effective, with consideration or planned for items: Send to Docket Clerk, U.S. respect to the United States, on January consideration; and Department of Agriculture, Food Safety 1, 1995. Pursuant to section 491 of the 2. For each SPS standard specified: and Inspection Service, 300 12th Street, Trade Agreements Act of 1979, as a. A description of the consideration SW., Room 102 Cotton Annex, amended, the President is required to or planned consideration of the Washington, DC 20250. designate an agency to be responsible standard; All submissions received must for informing the public of the sanitary b. Whether the United States is include the Agency name and docket and phytosanitary (SPS) standard- participating or plans to participate in number 05–003N. Please state that your setting activities of each international the consideration of the standard; comments refer to Codex and, if your standard-setting organization, Codex, c. The agenda for United States comments relate to specific Codex World Organization for Animal Health, participation, if any; and committees, please identify those and the International Plant Protection d. The agency responsible for committees in your comments and Convention. The President, pursuant to representing the United States with submit a copy of your comments to the Proclamation No. 6780 of March 23, respect to the standard. delegate from that particular committee. 1995 (60 FR 15845), designated the U.S. To obtain Copies of those Standards All comments submitted will be Department of Agriculture as the agency listed in Attachment 1 that are under

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consideration by Codex, please contact Additional Public Notification Codex committee structure and the Codex delegate or the U.S. Codex Public awareness of all segments of mandates of Codex committees and task Office. This notice also solicits public rulemaking and policy development is forces, as well as budgetary and strategic comment on those standards that are important. Consequently, in an effort to planning issues. At this Session, the currently under consideration or ensure that the public and in particular Commission will elect a Chair and three planned for consideration and minorities, women, and persons with Vice Chairs. The issue of Codex recommendations for new standards. disabilities, are aware of this notice, interaction with other international The delegate, in conjunction with the FSIS will announce it on-line through organizations will be discussed. Prior to the Commission meeting, the responsible agency, will take the the FSIS web page located at http:// comments received into account in Executive Committee will have met at www.fsis.usda.gov/regulations/ participating in the consideration of the its Fifty-fifth Session on February 9–11, 2005_Notices_Index/. 2005 and its Fifty-sixth Session on June standards and in proposing matters to FSIS also will make copies of this be considered by Codex. 30–July 2, 2005. It is composed of the Federal Register publication available The United States’ delegate will chairperson, vice-chairpersons, seven through the FSIS Constituent Update, facilitate public participation in the members elected from the Commission, United States Government’s activities which is used to provide information one from each of the following relating to Codex Alimentarius. The regarding FSIS policies, procedures, geographic regions: Africa, Asia, United States’ delegate will maintain a regulations, Federal Register notices, Europe, Latin America and the list of individuals, groups, and FSIS public meetings, recalls, and other Caribbean, Near East, North America, organizations that have expressed an types of information that could affect or and South-West Pacific. In addition, interest in the activities of the Codex would be of interest to our constituents regional coordinators from the six committees and will disseminate and stakeholders. The update is regional committees attend as observers. information regarding United States’ communicated via Listserv, a free e-mail It will consider the Codex Strategic Plan delegation activities to interested subscription service consisting of 2008–1013; review the Codex committee parties. This information will include industry, trade, and farm groups, structure and mandate of Codex the current status of each agenda item; consumer interest groups, allied health committees and task forces; review the United States Government’s position professionals, scientific professionals, matters arising from reports of Codex or preliminary position on the agenda and other individuals who have Committees, proposals for new work, items; and the time and place of requested to be included. The update and standards management issues; planning meetings and debriefing also is available on the FSIS web page. consider the implementation of the Joint meetings following Codex committee Through Listserv and the Web page, FAO/WHO Evaluation of the Codex sessions. In addition, the U.S. Codex FSIS is able to provide information to a Alimentarius and other FAO and WHO Office makes much of the same much broader, more diverse audience. Work on Food Standards; and review information available through its web In addition, FSIS offers an e-mail the Trust Fund for the Participation of page, http://www.fsis.usda.gov/ subscription service which provides an Developing Countries and Countries in Regulations_&_Policies/Codex_Alime automatic and customized notification Transition in the Work of the Codex ntarius/index.asp. Please visit the web when popular pages are updated, Alimentarius. page or notify the appropriate U.S. including Federal Register publications Responsible Agency: USDA/FSIS. delegate or the Office of U.S. Codex and related documents. This service is U.S. Participation: Yes. Alimentarius, Room 4861, South available at http://www.fsis.usda.gov/ news_and_events/email_subscription/ Codex Committee on Residues of Agriculture Building, 1400 Veterinary Drugs in Foods Independence Avenue, SW., and allows FSIS customers to sign up Washington, DC 20250–3700, if you for subscription options across eight The Codex Committee on Residues of would like to access or receive categories. Options range from recalls to Veterinary Drugs in Foods determines information about specific committees. export information to regulations, priorities for the consideration of The information provided in directives and notices. Customers can residues of veterinary drugs in foods Attachment 1 describes the status of add or delete subscriptions themselves and recommends Maximum Residue Codex standard-setting activities by the and have the option to password protect Limits (MRLs) for veterinary drugs. A Codex Committees for the time periods their account. veterinary drug is defined as any from June 1, 2004 to May 31, 2005, and Done at Washington, DC on May 24, 2005. substance applied or administered to a food producing animal, such as meat or June 1, 2005 to May 31, 2006. In F. Edward Scarbrough, dairy animals, poultry, fish or bees, for addition, the following attachments are United States Manager for Codex. included: therapeutic, prophylactic or diagnostic Attachment 2 List of U.S. Codex Attachment 1: Sanitary and purposes or for modification of Officials (includes U.S. delegates and Phytosanitary Activities of Codex physiological functions or behavior. alternate delegates) A Codex Maximum Limit for Codex Alimentarius Commission and Veterinary Drugs (MRLVD) is the Attachment 3 Timetable of Codex Executive Committee Sessions (June 2004 through June maximum concentration of residue 2006) The Codex Alimentarius Commission resulting from the use of a veterinary Attachment 4 Definitions for the will hold its Twenty-Eighth Session July drug (expressed in mg/kg or ug/kg on a Purpose of Codex Alimentarius 4–9, 2005 in Rome, Italy. At that time fresh weight basis) that is adopted by Attachment 5 Part 1—Uniform it will consider procedural matters, and the Codex Alimentarius Commission to Procedure for the Elaboration of the standards, codes of practice, and be permitted or recognized as acceptable Codex Standards and Related Texts related matters brought to its attention in or on a food. An MRLVD is based on Part 2—Uniform Accelerated Procedure by the general subject committees, the Acceptable Daily Intake (ADI) and for the Elaboration of Codex commodity committees, ad hoc Task indicates the amount of residue in food Standards and Related Texts Forces and member delegations. It will that is considered to be without Attachment 6 Nature of Codex also consider options to implement appreciable toxicological hazard. An Standards recommendations from the review of MRLVD also takes into account other

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relevant public health risks as well as U.S. Participation: Yes. To be considered for New Work: food technological aspects. When • Revision of Class Names and the Codex Committee on Food Additives establishing an MRLVD, consideration International Numbering System for and Contaminants is also given to residues that occur in Food Additives. food of plant origin and/or the The Codex Committee on Food The Committee is continuing work environment. Furthermore, the MRLVD Additives and Contaminants (CCFAC) on: may be reduced to be consistent with (a) establishes or endorses permitted • General Standard for Food good practices in the use of veterinary maximum or guideline levels for Additives: Draft Food Additive drugs and to the extent that practical individual food additives, Provisions (in Tables 1, 2 and 3). analytical methods are available. contaminants, and naturally occurring • General Standard for Food Acceptable Daily Intake (ADI): An toxicants in food and animal feed; (b) Additives: Revisions to the Preamble to estimate by the Joint FAO/WHO Expert prepares priority lists of food additives clarify relationship between the General Committee on Food Additives (JECFA) and contaminants for toxicological Standard and commodity standards. of the amount of a veterinary drug, evaluation by the Joint FAO/WHO • International Numbering System. expressed on a body weight basis, that Expert Committee on Food Additives • Specifications for the Identity and can be ingested daily over a lifetime (JECFA); (c) recommends specifications Purity of Food Additives. without appreciable health risk of identity and purity for food additives • Inventory of Processing Aids. (standard man = 60 kg). for adoption by the Commission; (d) • Discussion Paper on Flavoring The committee met in Arlington, VA considers methods of analysis for food Agents. (USA), October 25–28, 2004. The additives and contaminants; and (e) following will be under consideration considers and elaborates standards and Contaminants by the Commission at its 28th Session codes for related subjects such as To be considered at Step 8: in July 2005. The relevant document is labeling of food additives when sold as • Draft Code of Practice for the ALINORM 5/28/31. such and food irradiation. The Prevention and Reduction of Aflatoxin Draft MRLs at Step 8: committee met in The Hague, The Contamination in Tree Nuts. • Cyhalothrin. Netherlands, April 25–29, 2005. The • Draft Code of Practice for the • Flumequine. following matters are under Prevention and Reduction of Inorganic • Neomycin. consideration by the Commission at its Tin Contamination in Canned Foods. • Dicyclanil. 28th Session in July 2005. The relevant • Draft Maximum Levels for Proposed Draft MRLs at Step 5/8: document is ALINORM 5/28/12. Cadmium in wheat grain, potato, stem • • Imidocarb. Revised Terms of Reference of the and root vegetables, leafy vegetables, Proposed Draft Code of Practice to Codex Committee on Food Additives and other vegetables. Minimize and Contain Antimicrobial and Contaminants. To be considered at Step 5/8: • Resistance at Step 5/8. Terms of Reference for the FAO/ • Proposed Amendment to the Proposed Draft MRLs at Step 5: WHO Joint Expert Consultation to Preamble of the Codex General Standard • Flumequine (in black tiger shrimp). Conduct a Comprehensive Assessment for Contaminants and Toxins in Foods • Pirlimycin. of Use of Active Chlorine. • Cypermethrin and alpha- (GSCTF). cypermethrin. Food Additives To be considered at Step 5: • Proposed Draft Maximum Level for • Doramectin (in cow’s milk). To be considered at Step 8: Aflatoxin in unprocessed almonds, The Committee continues to work on: • General Standard for Food Additive hazelnuts and pistachios. • Draft MRLs for Trichlorfon (GSFA): Draft Food Additive Provisions • Proposed Draft Maximum Levels for (metrifonate) at step 7. in Tables 1 and 2. • Proposed Draft MRLs for • Amendment to Annex B (Food Cadmium in rice, cephalopod Ractopamine at step 4. Category System) of the GSFA (coconut (excluding viscera), and marine bivalve • Proposed Draft Revised Guidelines water). mollusks (excluding oysters and for the Establishment of a Regulatory To be considered at Step 5/8: scallops). Program for Control of Veterinary Drug • To be considered for Revocation: General Standard for Food • Residues in Foods. Additives: Proposed Draft Food List of Maximum Levels for • Discussion paper on Risk Additive Provisions in Tables 1, 2 and Contaminants and Toxins Contained in Management Methodologies, including 3. Codex Commodity Standards and Risk Assessment Policies in the Codex • Advisory Specifications for the Relevant Standards and Texts. Committee on Residues of Veterinary Identity and Purity of Food Additives. To be considered for New Work: • Drugs in Foods. • Proposed Draft Revisions to the Appendix to the Code of Practice • Proposed Draft Revised Part I, II, III Codex International Numbering System for the Prevention and Reduction of of Guidelines for the Establishment of a for Food Additives. Aflatoxin Contamination in Tree Nuts to Regulatory Program for the Control of To be considered at Step 5: address additional measures for the Veterinary Drug Residues in Foods. • Proposed Draft Revised Preamble to prevention and reduction of aflatoxins • Priority List of Veterinary Drugs the GSFA, including diagram. in Brazil nuts. Requiring Evaluation or Reevaluation. To be considered for Revocation and The Committee is continuing work • List of Methods of Analysis for Discontinuation of work: on: Veterinary Drug Residues and • General Principles for the Use of • Maximum levels for aflatoxin in Identification of Routine Methods of Food Additives. processed almonds, hazelnuts, and Analysis. • Proposed Amendments to the pistachios. • Recommendations on Residues of Codex Procedural Manual related to the • Discussion Paper on Aflatoxin Veterinary Drugs without ADI/MRL revocation of the General Principles for Contamination in Brazil Nuts. (Prioritization of work). the Use of Food Additives. • Proposed draft sampling plan for Responsible Agency: HHS/FDA; • Proposed Draft and Draft Food Aflatoxin contamination in Almonds, USDA/FSIS. Additive Provisions in the GSFA. Brazil nuts, Hazelnuts and Pistachios.

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• Discussion paper on derived from reviews conducted by the *Acceptable Daily Intake (ADI) of a Deoxynivalenol (DON) Contamination Joint Meeting on Pesticide Residues chemical is the daily intake which, during an in Cereals. (JMPR) following: entire lifetime, appears to be without • Maximum Level for lead in fish. (a) Review of residue data from appreciable risk to the health of the • Proposed Draft Code of Practice for supervised trials and supervised uses consumer on the basis of all the known facts at the time of the evaluation of the chemical Source Directed Measures to Reduce including those reflecting national good by the Joint FAO/WHO Meeting on Pesticide Dioxin and Dioxin-like PCB agricultural practices (GAP). Data from Residues. It is expressed in milligrams of the Contamination in Foods. supervised trials conducted at the chemical per kilogram of body weight. • Discussion paper with proposals for highest nationally recommended, maximum levels for 3- authorized, or registered uses are Responsible Agency: EPA, USDA/ monochloropropanediol in acid- included in the review. In order to AMS. U.S. Participation: Yes. hydrolyzed vegetable protein (acid- accommodate variations in national pest HVP) and acid-HVP containing foods. control requirements, Codex MRLPs Codex Committee on Methods of • Discussion paper on acrylamide, take into account the higher levels Analysis and Sampling including a project paper for new work shown to arise in such supervised trials, The Codex Committee on Methods of and an outline of a proposed draft code which are considered to represent Analysis and Sampling: of practice. effective pest control practices, and (a) Defines the criteria appropriate to • Draft Revised Guideline Levels for (b) Toxicological assessment of the Codex Methods of Analysis and Radionuclides in Foods Following pesticide and its residue. Accidental Nuclear Contamination for The committee met in The Hague, The Sampling; (b) Serves as a coordinating body for Use in International Trade, Including Netherlands, April 18–23, 2005. The Codex with other international groups Guideline Levels for Long-Term Use. following items will be considered by working in methods of analysis and • Discussion paper on polyaromatic the Commission at its 28th Session in sampling and quality assurance systems hydrocarbons, including a project paper July 2005. The relevant document is for laboratories; for new work and an outline of a ALINORM 05/28/24. proposed draft code of practice. To be considered at Step 8: (c) Specifies, on the basis of final • Discussion paper on methylmercury • Draft and Draft Revised Maximum recommendations submitted to it by the in fish. Residue Limits. other bodies referred to in (b) above, • Discussion paper on Code of To be considered at Step 8(I): Reference Methods of Analysis and Practice for the Prevention and Bifenazate. Sampling appropriate to Codex Reduction of Ochratoxin A (OTA) Fludioxonil. Standards which are generally Contamination in Coffee and Cocoa. Trifloxystrobin. applicable to a number of foods; • To be considered at Step 5/8: (d) Considers, amends, if necessary, Discussion paper on Maximum • level of Ochratoxin A in Wine. Proposed Draft and Proposed Draft and endorses, as appropriate, methods Revised Maximum Residue Limits of analysis and sampling proposed by General Issues including Proposed Draft MRLs for Codex (Commodity) Committees, except • Spices. that methods of analysis and sampling Priority List of Food Additives, • Contaminants and Naturally Occurring Proposed Draft Guidelines for the for residues of pesticides or veterinary Toxicants Proposed for Evaluation by Use of Mass Spectrometry (MS) for drugs in food, the assessment of JECFA. Identification, Confirmation and microbiological quality and safety in Quantitative Determination of Residues. food, and the assessment of Responsible Agency: HHS/FDA • U.S. Participation: Yes. Proposed New Food Classification specifications for food additives do not Codes for Commodities with Adopted fall within the terms of reference of this Codex Committee on Pesticide Residues MRLs. Committee; To be considered at Step 5: The Codex Committee on Pesticide • (e) Elaborates sampling plans and Residues recommends to the Codex Proposed Draft and Proposed Draft procedures, as may be required; Alimentarius Commission Revised Maximum Residue Limits (f) Considers specific sampling and establishment of maximum limits for including Proposed Draft MRLs for analysis problems submitted to it by the Dried Chili Peppers. pesticide residues for specific food • Commission or any of its Committees; items or in groups of food. A Codex Proposed Draft Guidelines on and Maximum Residue Limit for Pesticide Estimation of Uncertainty of Results. (g) Defines procedures, protocols, • Proposed Draft Risk Analysis (MRLP) is the maximum concentration guidelines or related texts for the Principles Applied by the Codex of a pesticide residue (expressed as mg/ assessment of food laboratory Committee on Pesticide Residues. kg), recommended by the Codex To be considered for Revocation: proficiency, as well as quality assurance Alimentarius Commission to be legally • Codex CLX–Ds. systems for laboratories. permitted in or on food commodities The committee is continuing work on: The 26th Session of the Committee and animal feeds. Foods derived from • Pilot Project for the examination of met in Budapest, Hungary, on April 4– commodities that comply with the national MRLs as Interim Codex MRLs 8, 2005. The relevant document is respective MRLPs are intended to be for safer replacement pesticides. ALINORM 05/28/23. The following will toxicologically acceptable, that is, • Revision of the List of be considered by the Commission at its consideration of the various dietary Recommended Methods of Analysis for 28th Session in July 2005. residue intake estimates and Pesticide Residues. To be considered at Step 5: determinations both at the national and • Criteria for Prioritization Process to • Proposed Draft Guidelines for international level in comparison with Recommend Compounds for Evaluation Evaluating Acceptable Methods of the ADI,* should indicate that foods by JMPR. Analysis. complying with Codex MRLPs are safe • Revision of the Codex Priority List The Committee will continue work for human consumption. of Pesticides for review by JMPR. on: Codex MRLPs are primarily intended • MRLs for Processed or Ready-to-Eat • Criteria for Evaluating Acceptable to apply in international trade and are Foods. Methods of Analysis.

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• Proposed Draft Guidelines for (b) Details on the process of acceptance procedures for Codex Settling of Disputes on Analytical (test) determining equivalence. Standards. Results. (c) Documentation for evaluation of • Draft Guidelines for Cooperation • Consideration of the Fitness-For- submissions of requests for equivalence with International Intergovernmental Purpose Approach to Evaluating determinations. Organizations. Methods of Analysis. • Proposed Draft Guidelines for Risk- The Committee continued work on: • Further Review of the Analytical based Inspection of Imported Foods. • Proposed Draft Working Principles Terminology for Codex Use in the New work: • for Risk Analysis for Food Safety Procedural Manual. Develop principles for product (Guidance to National Governments). • Endorsement of Methods of tracing/traceability within the context of • Proposed amendments to the Rules Analysis and Sampling Provisions in food inspection and certification of Procedure: Duration of the terms of Codex Standards. systems. the Members of the Executive • Criteria for Methods of Analysis for • Revise the Codex Guidelines for Committee. the Detection and Identification of Generic Official Certificate Formats and • Possible reorganization of the Foods derived from Biotechnology the Production and Issuance of structure, content and presentation of • Methods of Analysis for the Certification. determination of dioxins and PCBs. the Procedural Manual. Responsible Agency: HHS/FDA; • Responsible Agency: HHS/FDA; USDA/FSIS. Changes in the Elaboration USDA/MRP. U.S. Participation: Yes. Procedures. U.S. Participation: Yes. • Clarification of the term ‘‘interim’’ Codex Committee on General Principles as used for the adoption of Codex Codex Committee on Food Import and The Codex Committee on General standards at Step 8. Export Inspection and Certification Principles deals with procedure and • Possible definitions of ‘‘science- Systems general matters as are referred to it by based’’ and ‘‘risk-based’’. The Codex Committee on Food Import the Codex Alimentarius Commission. • Management of the work in the and Export Inspection and Certification The 21st Session addressed issues Codex Committee on Food Hygiene. Systems is charged with developing related to decisions made by the Responsible Agency: USDA/FSIS, principles and guidelines for food Commission regarding the FAO/WHO FDA/CFSAN. import and export inspection and Codex Evaluation. The 22nd Session U.S. Participation: Yes. certification systems to protect which met on April 11–15, 2005 in consumers and to facilitate trade. Paris, France, considered the regular Codex Committee on Food Labelling Additionally, the Committee develops work of the Committee. The relevant The Codex Committee on Food principles and guidelines for the documents are ALINORM 05/28/33 and Labelling is responsible for drafting application of measures by competent ALINORM 05/28/33A. Matters to be provisions on labelling issues assigned authorities to provide assurance that considered for adoption by the 28th by the Codex Alimentarius Commission. foods comply with essential Commission in July 2005: The reference document is ALINORM requirements, especially statutory To be considered at Step 8: 04/27/22. The Committee held its health requirements. This encompasses • Draft Risk Analysis Principles Thirty-third Session in Kota Kinabalu, work on: Equivalence of food inspection Applied by the Committee on Food Malaysia, on May 9–13, 2005. It systems including equivalence Additives and Contaminants (CCFAC). considered the following items: • agreements, processes and procedures to Draft CCFAC Policy for Exposure • Guidelines for the Production, ensure that sanitary measures are Assessment. Processing, Labelling and Marketing of implemented; guidelines on food import For consideration by the Commission: Organically Produced Foods Proposed control systems; and guidelines on food Amendments to the Rules of Revised Sections: Annex 2—Tables 3 product certification and information Procedure: • and 4, Revision to Table 1 (Natural exchange. The development of Proposed amendments concerning Sodium Nitrate). guidelines for the appropriate the enlargement of the Executive • Draft Amendment to the General utilization of quality assurance systems Committee, the functions of the Standard for the Labelling of to ensure that foodstuffs conform to Executive Committee and matters Prepackaged Foods—(Draft requirements and to facilitate trade also related to budget and expenses. • Recommendations for the Labelling of are included in the Committee’s terms Proposed Amendments to Rule Foods Obtained through Certain of reference. The reference document is VIII.5—Observers. Techniques of Genetic Modification/ • Proposed Amendment on the Right ALINORM 05/28/30. The committee Genetic Engineering) Section 2. to Address the Chair. met in Melbourne, Australia, on (Definitions). December 6–10, 2004. The following Amendments to the Procedure • Proposed Draft Guidelines for the will be considered for adoption by the Manual: Labelling of Food and food Ingredients Commission at its 28thSession in July • Draft Revised Criteria for the obtained through certain Techniques of 2005. Establishment of Work Priorities. Genetic Modification/Genetic To be considered at step 5/8: • Draft Guidelines on Physical • Engineering: Labelling Provisions. Draft Principles for Electronic Working Groups. • Certification. • Draft Guidelines on Electronic Proposed Draft Amendment to the The committee is continuing work on: Working Groups. General Standard for the Labelling of • Proposed Draft Appendices to the • Draft Revised Principles concerning Prepackaged Foods: Quantitative Guidelines on the Judgment of the Participation of International Non- Declaration of Ingredients. • Equivalence of Sanitary Measures Governmental Organizations in the Country of Origin Labelling. Associated with Food Inspection and Work of the Codex Alimentarius • Discussion paper on Advertising. Certification. Commission. Responsible Agency: HHS/FDA; (a) Determining an ‘‘objective basis of • Proposed Amendments to the USDA/FSIS. comparison’’ Procedural Manual to eliminate the U.S. Participation: Yes.

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Codex Committee on Food Hygiene U.S. Participation: Yes. • Proposed Draft Revision of the Advisory Lists of Nutrient Compounds The Codex Committee on Food Codex Committee on Fresh Fruits and for Use in Foods for Special Dietary Hygiene has four primary Vegetables responsibilities. First, to draft basic Uses Intended for Use by Infants and The Codex Committee on Fresh Fruits provisions on food hygiene applicable Young Children. and Vegetables is responsible for • to all food. These provisions normally Proposed Draft Recommendations elaborating world-wide standards and take the form of Codes of Hygienic on the Scientific Basis of Health Claims. codes of practice for fresh fruits and • Practice for a specific commodity (e.g. Discussion Paper on the vegetables. The Committee met in bottled water) or group of commodities Application of Risk Analysis to the Mexico City, Mexico, on May 16–20, (e.g., milk and milk products). Second, Work of the CCNFSDU. 2005. At the session they discussed the • to suggest and prioritize areas where Discussion Paper on Proposals for following items: Additional or Revised Nutrient there is a need for microbiological risk • Draft Standard for Tomatoes at Step assessment at the international level and Reference Values (NRVs). 7. Responsible Agency: HHS/FDA; FNS/ to consider microbiological risk • Draft Standard for Table Grapes management matters in relation to food USDA. retained at Step 7. U.S. Participation: Yes. hygiene and in relation to the risk • Proposed Draft Standard for assessment activities of FAO and WHO. Rambutan at Step 3. Codex Committee on Fish and Fishery Third, to consider, amend if necessary, • Proposed Draft Standard for Apples Products and endorse food hygiene provisions at Step 3. The Fish and Fishery Products that are incorporated into specific • Section 2.1.1 (Maturity Codex commodity standards by the Committee is responsible for elaborating Requirements) and Annex on Small- standards for fresh, frozen and Codex commodity committees. Fourth, berry Varieties (Section 3.1) (draft to provide such other general guidance otherwise processed fish, crustaceans Codex Standard for Table Grapes). and mollusks. The committee met in to the Commission on matters relating to • Guidelines for the Quality Control food hygiene as may be necessary. The Capetown, South Africa, February 28– of Fresh Fruits and Vegetables. March 4, 2005. The following will be following items will be considered by • Standard Layout for Codex the Codex Alimentarius Commission at considered by the 28th Session of the Standards for Fresh Fruits and Commission when it meets in July 2005. its 28th Session in Rome, Italy, July 4– Vegetables. 9, 2005. The relevant document is • The relevant document is ALINORM 05/ Priority List. 28/18. ALINORM 05/28/13. Responsible Agency: USDA/AMS. To be considered at Step 5: To be considered at Step 8: U.S. Participation: Yes. • • Proposed Draft Guidelines on the Draft Code of Practice for Fish and Application of the General Principles of Codex Committee on Nutrition and Fishery Products (Aquaculture). • Food Hygiene to the Control of Listeria Foods for Special Dietary Uses Draft Amendment to the Standard monocytogenes in Ready-to-Eat Foods. The Codex Committee on Nutrition for Salted Fish and Dried Salted Fish. • Proposed Draft Code of Hygienic To be considered at Step 5/8: and Foods for Special Dietary Uses • Practice for Eggs and Egg Products. (CCNFSDU) is responsible for studying Proposed Draft Code of Practice for • Proposed Draft Principles and nutritional problems referred by the Fish and Fishery Products (Shrimps and Guidelines for the Conduct of Codex Alimentarius Commission. The Prawns; Cephalopods; Transport; Retail; Microbiological Risk Management. Committee also drafts general and relevant Definitions). The committee continues to work on: provisions, as appropriate, on To be considered at Step 5: • • Proposed Draft Guidelines for nutritional aspects of all foods and Proposed Draft Standard for Validation of Food Hygienic Control develops standards, guidelines, or Sturgeon Caviar New work: • Measures. related texts for foods for special dietary Revision of the Procedure for the • Proposed Draft Code of Hygienic uses. The committee met in Bonn, Inclusion of Species. • Practice for Powdered Formulae for Germany, November 1–4, 2004. The Amendment of the Standard for Infants and Children. relevant document is ALINORM 05/28/ Canned Sardines and Sardine-Type • Endorsement of Hygiene Provisions 26. The following items will be Products. in Codex Standards and Codes of considered by the 28th Session of the The Committee continues work on the Practice. Commission in June 2005. following: • • Annexes to the step 5 documents. To be adopted at Step 8: Proposed Draft Standard for Live • Proposals/risk profiles: • Draft Guidelines for Vitamin and and Processed Bivalve Mollusks. • Guidelines for the Application of Mineral Food Supplements. • Proposed Draft Standard for the General Principles of Food Hygiene The Committee continues work on: Smoked Fish. to the Risk-Based Control of • Draft Revised Standard for Gluten- • Proposed Draft Standard for Quick Enterohemorrhagic E. coli in Ground Free Foods at Step 7. Frozen Scallop Adductor Muscle Meat. Beef and Fermented Sausages. • Draft Revised Standard for • Proposed Draft Code of Practice on • Guidelines for the Application of Processed Cereal-Based.Foods for the Processing of Scallop Meat. the General Principles of Food Hygiene Infants and Young Children at Step 6. • Proposed Draft Code of Practice for to the Risk-Based Control of Salmonella • Draft Revised Standard for Infant Fish and Fishery Products (other spp. in Broiler Chickens. Formula and Formulas for Special sections). • Guidelines for Risk Management Medical Purposes Intended for Infants at • Proposed Draft Amendment of the Options for Campylobacter in Broiler Steps 3 (Section A) and 6 (Section B). Standard for Canned Sardines and Chickens. • Guidelines for Use of Nutrition Sardine-Type Products (Clupea • Vibrio spp. in Seafood. Claims Draft Table of Conditions for bentincki). • Viruses in Food. Nutrient Content Claims (Part B Responsible Agency: HHS/FDA; Responsible Agency: HHS/FDA; FSIS/ containing Provisions on Dietary Fibre) USDC/NOAA/NMFS. USDA. at Step 6. U.S. Participation: Yes.

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Codex Committee on Milk and Milk To be considered at Step 5: U.S. Participation: Yes. Products • Proposed Draft Amendments to the Standard for Named Vegetable Oils: Codex Committee on Meat Hygiene The Codex Committee on Milk and Rice Bran Oil. The 24th Session of the Commission Milk Products is responsible for To be considered at Step 5 of the decided to reactivate the Codex establishing international codes and Accelerated Procedure: Committee on Meat Hygiene with New standards for milk and milk products. • Proposed Draft Revised Table 1 of Zealand as Host Government. The The Committee held its 6th Session in the Recommended International Code of Terms of Reference were amended to Auckland, NZ on April 26–30, 2004. Practice for the Storage and Transport of reflect the inclusion of poultry in its The relevant document is ALINORM 04/ Edible Fats and Oils in Bulk. mandate. The Committee completed its 27/11. New Work: work at its 11th Session and requested For discussion at the 28th Session of • Amendment of the Standard for the Commission that it be adjourned the Codex Alimentarius Commission in Named Vegetable Oils. sine die. The relevant document is July 2005. • Mid-oleic sunflowerseed oil. ALINORM 05/28/16. • Proposal for a new standard for • Mid-oleic acid soya bean oil. To be considered at Step 8: Parmesan Cheese At its 7th Session, the • Low linolenic acid soya bean oil. • Draft Code of Hygienic Practice for Committee will continue work on the • Unbleached palm oil: total Meat. following: carotenoids. Responsible Agency: USDA/FSIS. At Step 6: The Committee continues work on: U.S. Participation: Yes. • Draft Standard for a Blend of • Draft Standard for Fat Spreads and Evaporated Skimmed Milk and Blended Spreads: Food additives. Codex Committee on Cereals, Pulses, Vegetable Fat. • Draft List and Proposed Draft List of and Legumes • Draft Standard for a Blend of Acceptable Previous Cargoes. • The 26th Session of the Codex Skimmed Milk and Vegetable Fat in Proposed Draft Amendment to the Alimentarius Commission adopted the Powdered Form. Standard for Olive Oil: Linolenic Acid Proposed Draft Standard for Instant • Draft Standard for a Blend of content. • Noodles at Step 5, on the Sweetened Condensed Skimmed Milk Criteria for the Revision of Named recommendation of the Coordinating and Vegetable Fat. Vegetable oils. Committee for Asia, and advanced it to • • Consideration of ISO proposal to Draft Revised Standard for Whey Step 6 for consideration by the amend the nomenclature of oils. Cheese. Committee on Cereals, Pulses and • Responsible Agency: HHS/FDA; Draft Revised Standards for Legumes by correspondence. The USDA/ARS. Cheddar (C–1) and Danbo (C–3). United States, as host government, has Other work of the committee: U.S. Participation: Yes. • circulated the Draft Standard for two Proposed Draft Revised Standards Codex Committee on Processed Fruits rounds of comments. Consideration of for Individual Cheeses at Step 4. and Vegetables • the additives provisions will take place Proposed Template for Fermented in the Codex Committee on Food Milk Drinks Provisions. The Codex Committee on Processed • Fruits and Vegetables is responsible for Additives and Contaminants. Proposed Draft Model Export Responsible Agency: HHS/FDA; Certificate for Milk and Milk Products. elaborating standards for Processed • Fruits and Vegetables. After having been USDA/GIPSA. Methods of Analysis and Sampling U.S. Participation: Yes. for Milk Products. adjourned sine die, the Committee • Proposed Draft Revised Standard reconvened in Washington, DC, in Certain Codex Commodity Committees for Processed Cheese. March 1998 to begin work revising the standards. The Committee held its most Several Codex Alimentarius • Proposed Draft Revised Standard Commodity Committees have adjourned for Dairy Spreads. recent session on September 27 October 1, 2004. The relevant document is sine die. The following Committees fall • Discussion paper on Proposed into this category: Revision of the Codex Standard for ALINORM 05/28/27. • To be considered at Step 5: Cocoa Products and Chocolate. Extra Hard Grating Cheese. • Responsible Agency: HHS/FDA. • Processed Tomato Concentrates. Discussion paper on the Issue of • U.S. Participation: Yes. Preserved (Canned) Tomatoes. • Naming Non-standardized Dairy • Certain Canned Citrus Fruits. Natural Mineral Water. Products. The committee is continuing work on: Responsible Agency: HHS/FDA. Responsible Agency: USDA/AMS; • Draft Codex Standard for Pickled U.S. Participation: Yes. • HHS/FDA. Fruits and Vegetables. Sugars. U.S. Participation: Yes. • Proposed Draft Codex Standards Responsible Agency: USDA/ARS; Codex Committee on Fats and Oils for: HHS/FDA. • Jams, Jellies and Marmalades. U.S. Participation: Yes. The Codex Committee on Fats and • Certain Canned Vegetables and • Vegetable Proteins. Oils is responsible for elaborating Guidelines for Packing Media for Responsible Agency: USDA/ARS; standards for fats and oils of animal, Canned Vegetables. HHS/FDA. vegetable, and marine origin. The Other work: U.S. Participation: Yes. committee met in London, U.K., • Methods of Analysis for Processed February 21–25, 2005. The relevant Ad Hoc Intergovernmental Task Force Fruits and Vegetables. on Animal Feeding document is 05/28/17. The following • Priority List for the Standardization will be considered by the Commission of Processed Fruits and Vegetables. The Commission at its 23rd Session at its July 2005 session. Discontinued work in this committee: established the Ad Hoc To be considered at Step 5/8: • Proposed Draft Standard for Soy Intergovernmental Task Force on • Proposed Draft Amendments to the Sauce. Animal Feeding to develop guidelines Standard for Named Vegetable Oils: Responsible Agency: USDA/AMS; or standards as appropriate on good Sesameseed Oil. HHS/FDA. animal feeding practices. The Revised

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Draft Code of Practice for Good Animal • Coordinating Committee for • Trust Fund for the participation of Feeding was held at Step 8 by the Europe. Developing Countries in Codex. • Commission at its 26th Session in June Coordinating Committee for Latin Responsible Agency: USDA/FSIS. 2003, with the exception that the America and the Caribbean. definition of ‘‘feed additive’’ and • Coordinating Committee for the U.S. Participation: Yes. paragraphs 11, 12, and 13 were Near East. Codex Coordinating Committee for Asia advanced to step 6. The Task Force held • Coordinating Committee for North its 5th Session on May 17–19, 2004 and America and the South-West Pacific. The Coordinating Committee met in discussed: The United States participates as an Jeju-Do, Republic of Korea on • Revised Draft Code of Practice for active member of the Coordinating September 7–10, 2004. The relevant Good Animal Feeding (definition of Committee for North America and the document is ALINORM—5/15. ‘‘feed additive’’ and paragraphs 11, 12, South-West Pacific, and is informed of To be considered at Step 5: and 13). the other coordinating committees Responsible Agency: HHS/FDA; through meeting documents, final • Proposed Draft Standard for USDA/APHIS. reports, and representation at meetings. Ginseng Products. U.S. Participation: Yes. Each regional committee: • New work: Defines the problems and needs of • Ad Hoc Intergovernmental Task Force the region concerning food standards Refrigerated, Non-fermented on Fruit and Vegetable Juices and food control; Soybean Products. • The Commission at its 23rd Session Promotes within the committee Attachment 2—U.S. Codex established this Task Force to revise and contacts for the mutual exchange of Alimentarius Officials Codex consolidate the existing Codex information on proposed regulatory Committee Chairpersons standards and guidelines for fruit and initiatives and problems arising from vegetable juices and related products, food control and stimulates the Codex Committee on Food Hygiene giving preference to general standards. strengthening of food control These standards were originally infrastructures; Dr. Karen Hulebak, Chief Scientist, developed by the Joint UNECE/Codex • Recommends to the Commission Office of Public Health Science, Food Group of Experts on the Standardization the development of world-wide Safety and Inspection Service, U.S. of Fruit Juices which had been standards for products of interest to the Department of Agriculture, 1400 abolished by its parent organizations. region, including products considered Independence Avenue, SW., Room The Task Force held its fourth and final by the committee to have an 3130, South Building, Washington, DC session in Fortaleza, Brazil, on October international market potential in the 20250–3700, Phone: (202) 720–5735, 11–15, 2004. The Task Force completed future; and Fax: (202) 720–2980. E-mail: the work assigned to the Task Force in • Serves a general coordinating role [email protected]. its Terms of Reference. for the region and performs such other Codex Committee on Processed Fruits For Adoption at Step 8: functions as may be entrusted to it by • Draft Codex General Standard for the Commission. and Vegetables Fruit Juices and Nectars. Codex Coordinating Committee for Mr. David L. Priester, Head, • Draft Minimum Brix Level for North America and the South-West Standardization Section, AMS Fruit & Reconstituted Juice and Reconstituted Pacific Vegetable Programs, Fresh Products Pure and Minimum Juice and/or Pure The Coordinating Committee is Branch, U.S. Department of Agriculture, Content for Fruit Nectars (%v/v)— Room 1661, South Building, 1400 grapes, guava, mandarine/tangerine, responsible for defining problems and Independence Avenue, SW., mango, passion fruit and tamarind needs concerning food standards and Washington, DC 20250–0240. Phone: (Indian date) juices/nectars. food control of all Codex member For Adoption at Step 5/8: countries of the region. Items coming (202) 720–2185. Fax: (202) 720–8871. E- • Proposed Draft Minimum Brix before the Commission in July include mail: [email protected]. Level for Reconstituted Juice and the following. The committee met in Codex Committee on Residues of Reconstituted Pure and Minimum Juice Apia, Samoa, on October 19–22, 2004. Veterinary Drugs in Foods and/or Pure´e Content for Fruit nectars The relevant document is ALINORM 05/ (%v/v)—orange, lemon, lime, and 28/32. Dr. Stephen F. Sundlof, Director, pineapple juices/nectars. • Recommendation that Samoa be Center for Veterinary Medicine, Food Responsible Agency: HHS/FDA; reappointed as Regional Coordinator. and Drug Administration, 7500 Standish USDA/AMS. • Support the development of a new Place (HFV–1), Rockville, MD 20855, U.S. Participation: Yes. Standard for Parmesan cheese and adopt Phone: (301) 827–2950, Fax: (301) 827– the amendment of the Codex Standard 8401, E-mail: [email protected]. FAO/WHO Regional Coordinating for Canned Sardines and Sardine-Type Committees Products. Codex Committee on Cereals, Pulses The Codex Alimentarius Commission Items on the agenda for the next and Legumes (Adjourned sine die) is made up of an Executive Committee, meeting may include: as well as approximately 30 subsidiary • Codex working documents of Mr. Steven N. Tanner, Director, bodies. Included in these subsidiary special interest to regional member Technical Services Division, Grain bodies are coordinating committees for states. Inspection, Packers & Stockyards groups of countries located in proximity • Joint FAO/WHO Evaluation of the Administration, U.S. Department of to each other who share common Codex Alimentarius and other FAO and Agriculture, 10383 N. Executive Hills concerns. There are currently six WHO Work on Food Standards. Boulevard, Kansas City, MO 64153– Regional Coordinating Committees: • Strategic Plan for the Coordinating 1394, Phone: (816) 891–0401, Fax: (816) • Coordinating Committee for Africa. Committee for North America and the 891–0478, E-mail: • Coordinating Committee for Asia. Southwest Pacific. [email protected].

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Listing of U.S. Delegates and Alternates 96456, Room 3522S, Mail Stop 0222, Codex Committee on Food Labeling Worldwide General Subject Codex 1400 Independence Avenue, SW., (Host Government—Canada) Committees Washington, DC 20090, Phone (202) U.S. Delegate Codex Committee on Residues of 720–2158, Fax: (202) 720–1484, E-mail: Veterinary Drugs in Foods (Host [email protected]. Leslye Fraser, J.D., Director, Office of Government—United States) Regulations and Policy, Center for Food Codex Committee on Methods of Safety and Applied Nutrition, FDA, U.S. Delegate Analysis and Sampling (Host 5100 Paint Branch Parkway (HFS–004), Dr. Steven D. Vaughn, Director, Office Government—Hungary) College Park, MD 20740, Phone: (301) of New Animal Drug Evaluation, Center U.S. Delegate 436–2378, Fax: (301) 436–2637, E-mail: for Veterinary Medicine, Food and Drug [email protected]. Dr. Gregory Diachenko, Director, Administration, 7500 Standish Place, Alternate Delegate Rockville, MD 20855, Phone: (301) 827– Division of Chemistry Research and 1796, Fax: (301) 594–2297, E-mail: Environmental Review, Office of Food Ms. Danielle Schor, Chief of Staff, [email protected]. Additive Safety, Center for Food Safety Office of the Administrator, Food Safety and Inspection Service, U.S. Department Alternate Delegate and Applied Nutrition (CFSAN), Food and Drug Administration (HFS–245), of Agriculture, 1400 Independence Dr. Alice Thaler, Staff Director, Harvey W. Wiley Federal Building, 5100 Avenue, SW., Washington, DC 20250– Animal and Egg Production Food Safety Paint Branch Parkway, College Park, MD 1400, Phone: (202) 720–6618, Fax: (202) Staff, Food Safety and Inspection 20740–3835, Phone (301) 436–1898, 720–7771, E-mail: Service, 1400 Independence Avenue, Fax: (301) 436–2364, E-mail: [email protected]. SW., Washington, DC 20250, Phone: [email protected]. (202) 690–2683, Fax: (202) 720–8213, E- Codex Committee on Food Hygiene mail: [email protected]. Alternate Delegate (Host Government—United States) U.S. Delegate Codex Committee on Food Additives Mr. Donald C. Kendall, Technical and Contaminants (Host Government— Services Division, Grain, Inspection, Dr. Robert L. Buchanan, Director, The Netherlands) Packers & Stockyards Administration, Office of Science, Center for Food Safety U.S. Delegate U.S. Department of Agriculture, 10383 and Applied Nutrition, Food and Drug Administration (HFS–006), Harvey W. Dr. Terry C. Troxell, Director, Office N. Ambassador Drive, Kansas City, MO Wiley Federal Building, 5100 Paint of Plant and Dairy Foods and Beverages, 64153–1394, Phone: (816) 891–0463, Branch Parkway, College Park, MD Center for Food Safety and Applied Fax: (816) 891–0478, E-mail: 20740–3835, Phone: (301) 436–2369, Nutrition (HFS–300), Food and Drug [email protected]. Fax: (301) 436–2642, E-mail: Administration, Harvey W. Wiley Codex Committee on Food Import and [email protected]. Federal Building, 5100 Paint Branch Export Inspection and Certification Alternate Delegates Parkway, College Park, MD 20740–3835, Systems (Host Government—Australia) Phone: (301) 436–1700, Fax: (301) 436– 2632, E-mail: U.S. Delegate Dr. Daniel Engeljohn, Deputy [email protected]. Assistant Administrator, Office of Dr. Catherine Carnevale, Director, Policy, Program, and Employee Alternate Delegate Office of Constituent Operations, Center Development, Room 3149, South Dr. Dennis M. Keefe, Office of Food for Food Safety and Applied Nutrition, Building, U.S. Department of Additive Safety, Center for Food Safety Food and Drug Administration (HFS– Agriculture, 1400 Independence and Applied Nutrition (HFS–265), Food 550), Harvey W. Wiley Federal Building, Avenue, SW., Washington, DC 20250, and Drug Administration, Harvey W. 5100 Paint Branch Parkway, College Phone: (202) 205–0495, Fax: (202) 401– Wiley Federal Building, 5100 Paint Park, MD 20740–3835, Phone: (301) 1760, E-mail: Branch Parkway, College Park, MD 436–2380, Fax: (301) 436–2612, E-mail: [email protected]. 20740–3835, Phone: (301) 436–1284, [email protected]. Dr. Rebecca Buckner, Consumer Fax: (301) 436–2972, E-mail: Safety Officer, Center for Food Safety [email protected]. Alternate Delegate and Applied Nutrition, Food and Drug Administration, Room 3B–0033 Harvey Codex Committee on Pesticide Residues Karen Stuck, Chief, International Wiley Building, 5100 Paint Branch (Host Government—The Netherlands) Policy Staff, Food Safety and Inspection Parkway, College Park, MD 20740, U.S. Delegate Service, U.S. Department of Agriculture, Phone: (301) 436–1486, Fax: (301) 436– Room 2137, South Building, 1400 2632, E-mail: Lois Rossi, Director of Registration Independence Avenue, SW., Division, Office of Pesticide Programs, [email protected]. Washington, DC 20250–3700, Phone: U.S. Environmental Protection Agency, (202) 720–3470, Fax: (202) 720–7990, E- Codex Committee on Nutrition and Ariel Rios Building, 1200 Pennsylvania mail: [email protected]. Food for Special Dietary Uses (Host Avenue, NW., Washington, DC 20460, Government—Germany) U.S. Delegate Phone: (703) 305–5035, Fax: (703) 305– Codex Committee on General Principles 5147, E-mail: (Host Government—France) Barbara O. Schneeman, PhD, Director, [email protected],gov. Office of Nutritional Products, Labeling U.S.Delegate and Dietary Supplements, Center for Alternate Delegate Food Safety and Applied Nutrition, Dr. Robert Epstein, Associate Deputy Note: A member of the Steering Committee FDA, 5100 Paint Branch Highway, Administrator, Science and Technology, heads the delegation to meetings of the College Park, MD 20740, Tel: (301) 436– Agricultural Marketing Service, U.S. General Principles Committee. 2373, Fax: (301) 436–2636, E-mail: Department of Agriculture, P.O. Box [email protected].

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Alternate Delegate Department of Agriculture, Room 1661, Alternate Delegate Patricia McKinney, Senior Program South Building, 1400 Independence Dr. Michelle Smith, Food Analyst, Office of Analysis, Nutrition Avenue, SW., Washington, DC 20250, Technologist, Office of Plant and Dairy Service, Food and Nutrition Service, Phone: (202) 720–9170, Fax: (202) 205– Foods and Beverages, Center for Food USDA, 3101 Park Center Drive, Room 9237, E-mail: Safety and Applied Nutrition, Food and 1014, Alexandria, VA 22302, Tel: (703) [email protected]. Drug Administration (HFS–306), Harvey 305–2126, Fax: (703) 305–2576, E-mail: Codex Committee on Milk and Milk W. Wiley Federal Building, 5100 Paint [email protected]. Products (Host Government—New Branch Parkway, College Park, MD 20740–3835, Phone: 301–436–2024, Worldwide Commodity Codex Zealand) Fax: 301–436–2651, E-mail: Committees Codex Committee on Fresh U.S. Delegate [email protected]. Fruits and Vegetables (Host Government—Mexico) Mr. Duane Spomer, Associate Deputy Codex Committee on Sugars (Host Administrator for Standards and Government—United Kingdom) U.S. Delegate Grading, Dairy Programs, Agricultural Dorian LaFond, International Marketing Service, U.S. Department of U.S. Delegate Standards Coordinator, Fruit and Agriculture, Room 2746, South Dr. Thomas L. Tew, Research Vegetables Program, Agricultural Building, 1400 Independence Avenue, Geneticist, Sugarcane Research Unit, Marketing Service, Room 2086, South SW., Washington, DC 20250, Phone: Agricultural Research, USDA—FSIS, Building, 1400 Independence Avenue, (202) 720–3171, Fax: (202) 720–2643, E- 5883 USDA Road, Houma, LA 70360, SW., Washington, DC 20250, Phone mail: [email protected]. Phone: (504) 872–5042, Fax: (504) 868– (202) 690–4944, Fax: (202) 720–4722, E- Alternate Delegate 8369, E-mail: [email protected]. mail: [email protected]. Alternate Delegate John F. Sheehan, Director, Division of Alternate Delegate Dairy and Egg Safety, Office of Plant and Dr. Dennis M. Keefe, Office of Food Vacant. Dairy Foods, Center for Food Safety and Additive Safety, Center for Food Safety Applied Nutrition (HFS–306), Food and and Applied Nutrition, Food and Drug Codex Committee on Fish and Fishery Administration (HFS–265), Harvey W. Products (Host Government—Norway) Drug Administration, Harvey W. Wiley Federal Building, 5100 Paint Branch Wiley Federal Building, 5100 Paint U.S. Delegate Parkway, College Park, MD 20740, Branch Parkway, College Park, MD Mr. Philip C. Spiller, Director, Office Phone: (301) 436–1488, Fax: (301) 436– 20740–3835, Phone: (301) 436–1284, of Seafood, Center for Food Safety and 2632, E-mail: Fax: (301) 436–2972, E-mail: Applied Nutrition, Food and Drug [email protected]. [email protected]. Administration (HFS–400), Harvey W. Codex Committee on Fats and Oils Codex Committee on Processed Fruits Wiley Federal Building, 5100 Paint (Host Government—United Kingdom) and Vegetables (Host Government— Branch Parkway, College Park, MD United States) 20740–3835, Phone: (301) 436–2300, U.S. Delegate U.S. Delegate Fax: (301) 436–2599, E-mail: Mr. Charles W. Cooper, Director, Dorian Lafond, International [email protected]. International Activities Staff, Center for Standards Coordinator, Fruit and Food Safety and Applied Nutrition, Alternate Delegate Vegetable Division, Agricultural Food and Drug Administration (HFS– Mr. Richard V. Cano, Acting Director, Marketing Service, U.S. Department of 585), Harvey W. Wiley Federal Building, National Seafood Inspection Program, Agriculture, Room 2086, South 5100 Paint Branch Parkway, College NOAA, U.S. Department of Commerce, Building, 1400 Independence Avenue, Park, MD 20740–3835, Phone: (301) 1315 East-West Highway, Silver Spring, SW., Washington, DC 20250, Phone: 436–1714, Fax: (301) 436–2612, E-mail: MD 20910, Phone: (301) 713–2355, Fax: (202) 690–4944, Fax: (202) 720–0016, [email protected]. (301) 713–1081, E-mail: E-mail: [email protected]. [email protected]. Alternate Delegate Alternate Delegate Codex Committee on Cereals, Pulses Ms. Kathleen Warner, U.S. Mr. Charles W. Cooper, Director, and Legumes (Host Government— Department of Agriculture, 1815 N. International Activities Staff, Center for United States) University Street, Peoria, IL 61604, Food Safety and Applied Nutrition, U.S. Delegate Phone (309) 681–6584, Fax: (309) 681– Food and Drug Administration (HFS– 6668, E-mail: [email protected]. 585), Harvey W. Wiley Federal Building, Mr. Charles W. Cooper, Director, 5100 Paint Branch Parkway, College International Activities Staff, Center for Codex Committee on Cocoa Products Park, MD 20740–3835, Phone: (301) Food Safety and Applied Nutrition, and Chocolate (Host Government— 436–1714, Fax: (301) 436–2612, E-mail: Food and Drug Administration (HFS– Switzerland) [email protected]. 585), Harvey W. Wiley Federal Building, U.S. Delegate 5100 Paint Branch Parkway, College Codex Committee on Vegetable Proteins Park, MD 20740–3835, Phone: (301) Mr. Charles W. Cooper, Director, (Host Government—Canada) 436–1714, Fax: (301) 436–2612, E-mail: International Activities Staff, Center for U.S. Delegate [email protected]. Food Safety and Applied Nutrition, Food and Drug Administration (HFS– Dr. Wilda H. Martinez, Area Director, Alternate Delegate 585), Harvey W. Wiley Federal Building, ARS North Atlantic Area, Agricultural Mr. David Shipman, Deputy 5100 Paint Branch Parkway, College Research Service, USDA, 600 E. Administrator, Federal Grain Inspection Park, MD 20740–3835, Phone: (301) Mermaid Lane, Wyndmoor, PA 19038, Division, Grain Inspection, Packers and 436–1714, Fax: (301) 436–2612, E-mail: Phone: (215) 233–6593, Fax: (215) 233– Stockyards Administration, U.S. [email protected]. 6719, E-mail: [email protected].

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Alternate Delegate Center for Food Safety & Applied Ad Hoc Intergovernmental Task Force Dr. Jeanne Rader, Director, Division of Nutrition, Food and Drug on Foods Derived From Modern Research and Applied Technology, Administration (HFS–300), Harvey W. Biotechnology (Host Government— Office of Nutritional Products, Labeling Wiley Federal Building, 5100 Paint Japan) and Dietary Supplements, Center for Branch Parkway, College Park, MD U.S. Delegate Food Safety and Applied Nutrition, 20740–3835, Phone: (301) 436–1700, Bernice Slutsky, Ph.D., Special Food and Drug Administration, Harvey Fax: (301) 436–2632, E-mail: Assistant to the Secretary for W. Wiley Federal Building, 5100 Paint [email protected]. Biotechnology, Office of the Secretary, Branch Parkway, College Park, MD Alternate Delegate U.S. Department of Agriculture, 1400 20740–3835, Phone: (301) 436–1786, Independence Avenue, SW., Fax: (301) 436–2640, E-mail: Ms. Shellee Anderson, Office of Washington, DC 20250, Phone: (202) [email protected]. Nutritional Products, Labeling and 720–3631, Fax: (202) 720–6314, E-mail: Codex Committee on Meat Hygiene Dietary Supplements, Center for Food [email protected]. (Host Government—New Zealand) Safety and Applied Nutrition, Food and Drug Administration (HFS–830), Harvey Alternate Delegate U.S. Delegate W. Wiley Federal Building, 5100 Paint Eric Flamm, Ph.D., Senior Advisor, Dr. Perfecto Santiago, Deputy Branch Parkway, College Park, MD Office of the Commissioner, Food and Assistant Administrator, Office of Food 20740–3835, Phone: (301) 436–1491, Drug Administration, Room 1561 Security and Emergency Preparedness, Fax: (301) 436–2636, E-mail: Parklawn Building, Rockville, MD Room 3130, South Building, U.S. [email protected]. 20857, Phone: (301) 827–0591, FAX: Department of Agriculture, 1400 (301) 827–4774, E-mail: Independence Avenue, SW., Ad Hoc Intergovernmental Task Forces; [email protected]. Washington, DC 20250, Phone: (202) Ad Hoc Intergovernmental Task Force There are six regional coordinating 205–0452, Fax: (202) 690–5634. on Fruit and Vegetable Juices (Host committees: [email protected]. Government—Brazil) Coordinating Committee for Africa Alternate Delegate U.S. Delegate Coordinating Committee for Asia Coordinating Committee for Europe Dr. William O. James, Deputy Mr. Martin Stutsman, Office of Plant Coordinating Committee for Latin Assistant Administrator, Office of and Dairy Foods, Center for Food Safety America and the Caribbean International Affairs, Food Safety and and Applied Nutrition, Food and Drug Coordinating Committee for the Near Inspection Service, U.S. Department of Administration (HFS–306), Harvey W. East Agriculture, Room 3143, South Wiley Federal Building, 5100 Paint Coordinating Committee for North Building, Washington, DC 20250–3700, Branch Parkway, College Park, MD America and the South-West Phone: (202) 720–5362, Fax: (202) 690– 20740–3835, Phone: (301) 436–1642, Pacific 3856, E-mail: Contact: Paulo Almeida, Office [email protected]. Fax: (301) 436–2651, E-mail: [email protected]. Manager, U.S. Codex Office, Food Safety Codex Committee on Natural Mineral and Inspection Service, Room 4861, Waters (Host Government—Switzerland) Alternate Delegate South Building, 1400 Independence Avenue, SW., Washington, DC 20250– Vacant. U.S. Delegate 3700, Phone (202) 205–7760, Fax (202) Dr. Terry C. Troxell, Director, Office 720–3157, E-mail: of Plant and Dairy Foods and Beverages, [email protected].

ATTACHMENT 3.—TIMETABLE OF CODEX SESSIONS [June 2004 through June 2006]

2004: CX 702–54 ...... Executive Committee (54th session) ...... 24–26 June ...... Geneva (Switzerland). CX 701–27 ...... Codex Alimentarius Commission (27th Session) ...... 28 June–2 July ...... Geneva (Switzerland). CX 727–14 ...... Regional Coordinating Committee for Asia (14th Ses- 7–10 September ...... JeJu (City) Republic of Korea. sion). CX 706–24...... Regional Coordinating Committee for Europe (24th 20–23 September ...... Bratislava (Slovak Republic). Session). CX 713–22 ...... Codex Committee on Processed Fruits and Vegetables 27 September–1 October ...... Arlington, VA (USA). (22nd Session). CX 801–03 ...... Ad Hoc Intergovernmental Task Force on Fruit and 11–15 October ...... Fortaleza (Brazil). Vegetable Juices (3rd Session). CX 732–08 ...... Regional Coordinating Committee for North America 19–22 October ...... Apia (Samoa). and South West Pacific (8th Session). CX 730–15 ...... Codex Committee on Residue of Veterinary Drugs in 25–28 October ...... Arlington, VA (USA). Foods (15th Session). CX 720–26 ...... Codex Committee on Nutrition and Foods for Special 1–5 November ...... Bonn (Germany). Dietary Uses (26th Session). CX 716–21 ...... Codex Committee on General Principles (21st Ses- 15–19 November ...... Paris (France). sion). CX 725–14 ...... Regional Coordinating Committee for Latin America 29 November–3 December ... Buenos Aires (Argentina). and the Caribbean (14th Session). CX 733–13 ...... Codex Committee on Food Import and Export Certifi- 6–10 December ...... Melbourne (Australia). cation Systems (13th Session).

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ATTACHMENT 3.—TIMETABLE OF CODEX SESSIONS—Continued [June 2004 through June 2006] 2005: CX 707–16 ...... Regional Coordinating Committee for Africa (16th Ses- 25–28 January ...... Rome (FAO) (Italy). sion). CX 702–55 ...... Executive Committee (55th Session) ...... 9–11 February ...... Rome (FAO) (Italy). CX 723–11 ...... Codex Committee on Meat and Poultry Hygiene (11th 14–18 February ...... Christchurch (New Zealand). Session). CX 709–19 ...... Codex Committee on Fats and Oils (19th Session) ...... 21–25 February ...... London (United Kingdom). CX 722–27 ...... Codex Committee on Fish and Fishery Products (27th 28 February–4 March ...... Capetown (South Africa). Session). CX 734–03 ...... Regional Coordinating Committee for Near East (3rd 7–10 March ...... Amman (Jordan). Session). CX 712–37 ...... Codex Committee on Food Hygiene (37th Session) ..... 14–19 April ...... Buenos Aires (Argentina). CX 715–26 ...... Codex Committee on Methods of Analysis and Sam- 4–8 April ...... Budapest (Hungary). pling (26th Session). CX 716–22 ...... Codex Committee on General Principles (22nd Ses- 11–15 April ...... Paris (France). sion). CX 718–37 ...... Codex Committee on Pesticide Residues (37th Ses- 18–23 April ...... The Hague (The Netherlands). sion). CX 711–37 ...... Codex Committee on Food Additives and Contami- 25–29 April ...... The Hague (The Netherlands). nants (37th Session). CX 714–33 ...... Codex Committee on Food Labelling (33rd Session) .... 9–13 May ...... Kota Kinabalu (Malaysia). CX 731–12 ...... Codex Committee on Fresh Fruits and Vegetables 16–20 May ...... Mexico City Mexico). (12th Session). CX 702–56 ...... Executive Committee (56th Session) ...... 6 June–2 July ...... Rome (Italy). CX 701–28 ...... Codex Alimentarius Commission (28th Session) ...... 4–9 July ...... Rome (Italy). CX 804–1 ...... Ad Hoc Task Force on Biotechnology ...... 19–23 September ...... TBA (Japan). CX 720–14 ...... Codex Committee on Nutrition and Foods for Special 21–25 November ...... Bonn (Germany). Dietary Uses (27th Session). CX 733–14 ...... Codex Committee on Food Import and Export Inspec- 28 November–2 December .... TBA (Australia). tion and Certification Systems (14th Session). CX 702–57 ...... Executive Committee (57th Session) ...... 30 November–2 December .... Geneva (Switzerland). 2006: CX 703–7 ...... Codex Committee on Milk and Milk Products (7th Ses- 27–31 March ...... TBA (New Zealand). sion). CX 718–38 ...... Codex Committee on Pesticide Residues (38th Ses- 3–8 April ...... TBA (Brazil). sion). CX 716–23 ...... Codex Committee on General Principles (23rd Ses- 9–13 April ...... Paris (France). sion). CX 711–38 ...... Codex Committee on Food Additives and Contami- 24–28 April ...... The Hague (The Netherlands). nants (38th Session). CX 714–34 ...... Codex Committee on Food Labelling (34th Session) .... 1–5 May ...... Ottawa (Canada). CX 730–16 ...... Codex Committee on Residue of Veterinary Drugs in 8–12 May ...... Washington, DC (USA). Food (16th Session). CX 715–27 ...... Codex Committee on Methods of Analysis and Sam- 15–19 May ...... Budapest (Hungary). pling (27th Session). CX 702–58 ...... Executive Committee (58th Session) ...... 28–30 June ...... Geneva (Switzerland). CX 201–29 ...... Codex Alimentarius Commission (29th Session) ...... 3–8 July ...... Geneva (Switzerland).

Attachment 4—Definitions for the a safe, sound, wholesome product fit for added to food for maintaining or Purpose of Codex Alimentarius human consumption. improving nutritional qualities. Words and phrases have specific 3. Food additive means any substance 4. Contaminant means any substance meanings when used by the Codex not normally consumed as a food by not intentionally added to food, which Alimentarius. itself and not normally used as a typical is present in such food as a result of the For the purposes of Codex, the ingredient of the food, whether or not it production (including operations following definitions apply: has nutritive value, the intentional carried out in crop husbandry, animal 1. Food means any substance, addition of which to food for a husbandry, and veterinary medicine), whether processed, semi-processed or technological (including organoleptic) manufacture, processing, preparation, raw, which is intended for human purpose in the manufacture, processing, treatment, packing, packaging, transport consumption, and includes drink, preparation, treatment, packing, or holding of such food or as a result of chewing gum, and any substance which packaging, transport, or holding of such environmental contamination. The term does not include insect fragments, has been used in the manufacture, food results, or may be reasonably rodent hairs and other extraneous preparation or treatment of ‘‘food’’ but expected to result, (directly or matters. does not include cosmetics or tobacco or indirectly) in it or its by-products substances used only as drugs. becoming a component of or otherwise 5. Pesticide means any substance 2. Food hygiene comprises conditions affecting the characteristics of such intended for preventing, destroying, and measures necessary for the foods. The food additive term does not attracting, repelling, or controlling any production, processing, storage and include ‘‘contaminants’’ or substances pest including unwanted species of distribution of food designed to ensure plants or animals during the production,

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storage, transport, distribution and included in the review. In order to certain technological purpose during processing of food, agricultural accommodate variations in national pest treatment or processing and which may commodities, or animal feeds or which control requirements, Codex MRLPs result in the non-intentional but may be administered to animals for the take into account the higher levels unavoidable presence of residues or control of ectoparasites. The term shown to arise in such supervised trials, derivatives in the final product. includes substances intended for use as which are considered to represent Definitions of Risk Analysis Terms a plant-growth regulator, defoliant, effective pest control practices. Related to Food Safety Hazard: A desiccant, fruit thinning agent, or Consideration of the various dietary biological, chemical or physical agent sprouting inhibitor and substances residue intake estimates and in, or condition of, food with the applied to crops either before of after determinations both at the national and potential to cause an adverse health harvest to protect the commodity from international level in comparison with effect. deterioration during storage and the ADI, should indicate that foods Hazard Identification: The transport. The term pesticides excludes complying with Codex MRLPs are safe identification of biological, chemical, fertilizers, plant and animal nutrients, for human consumption. and physical agents capable of causing food additives, and animal drugs. 9. Veterinary Drug means any adverse health effects and which may be 6. Pesticide residue means any substance applied or administered to present in a particular food or group of specified substance in food, agricultural any food-producing animal, such as foods. commodities, or animal feed resulting meat or milk-producing animals, Hazard Characterization: The from the use of a pesticide. The term poultry, fish or bees, whether used for qualitative and/or quantitative includes any derivatives of a pesticide, therapeutic, prophylactic or diagnostic evaluation of the nature of the adverse such as conversion products, purposes or for modification of health effects associated with biological, metabolites, reaction products, and physiological functions or behavior. chemical and physical agents that may 10. Residues of Veterinary Drugs impurities considered to be of be present in food. For chemical agents, include the parent compounds and/or toxological significance. a dose-response assessment should be their metabolites in any edible portion 7. Good Agricultural Practice in the performed. For biological or physical of the animal product, and include Use of Pesticides (GAP) includes the agents, a dose-response assessment residues of associated impurities of the nationally authorized safe uses of should be performed if the data are veterinary drug concerned. pesticides under actual conditions obtainable. necessary for effective and reliable pest 11. Codex Maximum Limit for Residues of Veterinary Drugs (MRLVD) Dose-Response Assessment: The control. It encompasses a range of levels determination of the relationship of pesticide applications up to the is the maximum concentration of residue resulting from the use of a between the magnitude of exposure highest authorized use, applied in a (dose) to a chemical, biological or manner that leaves a residue, which is veterinary drug (expressed in mg/kg or µg/kg on a fresh weight basis) that is physical agent and the severity and/or the smallest amount practicable. frequency of associated adverse health Authorized safe uses are determined recommended by the Codex effects (response). at the national level and include Alimentarius Commission to be legally Exposure Assessment: The qualitative nationally registered or recommended permitted or recognized as acceptable in and/or quantitative evaluation of the uses, which take into account public or on food. likely intake of biological, chemical, and and occupational health and An MRLVD is based on the type and physical agents via food as well as environmental safety considerations. amount of residue considered to be Actual conditions include any stage without any toxological hazard for exposures from other sources if relevant. in the production, storage, transport, human health as expressed by the Risk: A function of the probability of distribution and processing of food Acceptable Daily Intake (ADI), or on the an adverse health effect and the severity commodities and animal feed. basis of a temporary ADI that utilizes an of that effect, consequential to a 8. Codex Maximum Limit for Pesticide additional safety factor. An MRLVD also hazard(s) in food. Residues (MRLP) is the maximum takes into account other relevant public Risk Analysis: A process consisting of concentration of a pesticide residue health risks as well as food three components: Risk assessment, risk (expressed as mg/kg), recommended by technological aspects. management and risk communication. the Codex Alimentarius Commission to When establishing an MRLVD, Risk Assessment: A scientifically be legally permitted in or on food consideration is also given to residues based process consisting of the commodities and animal feeds. MRLPs that occur in food of plant origin and/ following steps: (i) Hazard are based on their toxological affects or the environment. Furthermore, the identification, (ii) hazard and on GAP data and foods derived MRLVD may be reduced to be consistent characterization, (iii) exposure from commodities that comply with the with good practices in the use of assessment, and (iv) risk respective MRLPs are intended to be veterinary drugs and to the extent that characterization. toxologically acceptable. practical and analytical methods are Risk Assessment Policy: Documented Codex MRLPs, which are primarily available. guidelines on the choice of options and intended to apply in international trade, 12. Good Practice in the Use of associated judgments for their are derived from reviews conducted by Veterinary Drugs (GPVD) is the official application at appropriate decision the JMPR following: recommended or authorized usage points in the risk assessment such that (a) Toxological assessment of the including withdrawal periods approved the scientific integrity of the process is pesticide and its residue, and by national authorities, of veterinary maintained. (b) Review of residue data from drugs under practicable conditions. Risk Characterization: The qualitative supervised trials and supervised uses 13. Processing Aid means any and/or quantitative estimation, including those reflecting national good substance or material, not including including attendant uncertainties, of the agricultural practices. Data from apparatus or utensils, not consumed as probability of occurrence and severity of supervised trials conducted at the a food ingredient by itself, intentionally known or potential adverse health highest nationally recommended, used in the processing of raw materials, effects in a given population based on authorized, or registered uses are foods or its ingredients, to fulfill a hazard identification, hazard

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characterization and exposure of Codex Regional Standards, the standard may have for their economic assessment. Commission shall base its decision on interests. Risk Communication: The interactive the proposal of the majority of members Step 6 exchange of information and opinions belonging to a given region or group of throughout the risk analysis process countries submitted at a session of the The draft standard is sent by the concerning risk, related risk factors and Codex Alimentarius Commission. Secretariat to all members and risk perceptions, among risk assessors, (2) The Secretariat arranges for the interested international organizations risk managers, consumers, industry, the preparation of a proposed draft for comment on all aspects, including academic community and other standard. In the case of Maximum possible implications of the draft interested parties, including the Limits for Residues of Pesticides or standard for their economic interests. explanation of risk assessment findings Veterinary Drugs, the Secretariat Step 7 and the basis of risk management distributes the recommendations for decisions. maximum limits, when available from The comments received are sent by Risk Estimate: The quantitative the Joint Meetings of the FAO Panel of the Secretariat to the subsidiary body or estimation of risk resulting from risk Experts on Pesticide Residues in Food other body concerned, which has the characterization. and the Environment and the WHO power to consider such comments and Risk Management: The process, Panel of Experts on Pesticide Residues amend the draft standard. distinct from risk assessment, of (JMPR), or the Joint FAO/WHO Expert Step 8 weighing policy alternatives, in Committee on Food Additives (JECFA). The draft standard is submitted consultation with all interested parties, In the cases of milk and milk products through the Secretariat to the considering risk assessment and other or individual standards for cheeses, the Commission together with any written factors relevant for the health protection Secretariat distributes the proposals received from members and of consumers and for the promotion of recommendations of the International interested international organizations fair trade practices, and, if needed, Dairy Federation (IDF). for amendments at Step 8 with a view selecting appropriate prevention and (3) The proposed draft standard is to its adoption as a Codex Standard. In control options. sent to members of the Commission and the case of Regional standards, all Risk Profile: The description of the interested international organizations members and interested international food safety problem and its context. for comment on all aspects including Food Safety Objective (FSO): The possible implications of the proposed organizations may present their maximum frequency and/or draft standard for their economic comments, take part in the debate and concentration of a hazard in a food at interests. propose amendments but only the the time of consumption that provides majority of members of the region or Step 4 or contributes to the appropriate level of group of countries concerned attending protection (ALOP). The comments received are sent by the session can decide to amend and Performance Criterion (PC): The effect the Secretariat to the subsidiary body or adopt the draft. in frequency and/or concentration of a other body concerned which has the Part 2—Uniform Accelerated Procedure hazard in a food that must be achieved power to consider such comments and for the Elaboration of Codex Standards by the application of one or more to amend the proposed draft standard. and Related Texts control measures to provide or Step 5 contribute to a PO or an FSO. Steps 1, 2 and 3 Performance Objective (PO): The The proposed draft standard is (1) The Commission or the Executive maximum frequency and/or submitted through the Secretariat to the Committee between Commission concentration of a hazard in a food at a Commission or to the Executive sessions, on the basis of a two-thirds specified step in the food chain before Committee with a view to its adoption majority of votes cast, taking into the time of consumption that provides as a draft standard. When making any account the ‘‘Criteria for the or contributes to an FSO or ALOP, as decision at this step, the Commission or Establishment of Work Priorities and for applicable. the Executive Committee will give due the Establishment of Subsidiary consideration to any comments that may Bodies’’, shall identify those standards Attachment 5 be submitted by any of its members which shall be the subject of an Part 1—Uniform Procedure for the regarding the implications which the accelerated elaboration process. The Elaboration of Codex Standards and proposed draft standard or any identification of such standards may Related Texts provisions of the standard may have for also be made by subsidiary bodies of the their economic interests. In the case of Commission, on the basis of a two- Steps 1, 2 and 3 Regional Standards, all members of the thirds majority of votes cast, subject to (1) The Commission decides, taking Commission may present their confirmation at the earliest opportunity into account the ‘‘Criteria for the comments, take part in the debate and by the Commission or its Executive Establishment of Work Priorities and for propose amendments, but only the Committee by a two-thirds majority of the Establishment of Subsidiary majority of the Members of the region or votes cast. Bodies,’’ to elaborate a Worldwide group of countries concerned attending (2) The Secretariat arranges for the Codex Standard and also decides which the session can decide to amend or preparation of a proposed draft subsidiary body or other body should adopt the draft. When making any standard. In the case of Maximum undertake the work. A decision to decisions at this step, the members of Limits for Residues of Pesticides or elaborate a Worldwide Codex Standard the region or group of countries Veterinary Drugs, the Secretariat may also be taken by subsidiary bodies concerned will give due consideration distributes the recommendations for of the Commission in accordance with to any comments that may be submitted maximum limits, when available from the above-mentioned criteria, subject to by any of the members of the the Joint Meetings of the FAO Panel of subsequent approval by the Commission Commission regarding the implications Experts on Pesticide Residues in Food or its Executive Committee at the which the proposed draft standard or and the Environment and the WHO earliest possible opportunity. In the case any provisions of the proposed draft Panel of Experts on Pesticide Residues

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(JMPR), or the Joint FAO/WHO Expert standards. The format also indicates the composition of the product concerned. Committee on Food Additives (JECFA). statements which should be included in Such factors could include the quality In the cases of milk and milk products standards as appropriate under the of the raw material, with the object of or individual standards for cheeses, the relevant headings of the standard. The protecting the health of the consumer, Secretariat distributes the sections of the format required to be provisions on taste, odor, color, and recommendations of the International completed for a standard are only those texture which may be apprehended by Dairy Federation (IDF). provisions that are appropriate to an the senses, and basic quality criteria for (3) The proposed draft standard is international standard for the food in the finished products, with the object of sent to Members of the Commission and question. preventing fraud. This section may refer interested international organizations Name of the Standard to tolerances for defects, such as for comment on all aspects including Scope blemishes or imperfect material, but this possible implications of the proposed Description information should be contained in draft standard for their economic Essential Composition and Quality Factors appendix to the standard or in another interests. When standards are subject to Food Additives advisory text. an accelerated procedure, this fact shall Contaminants be notified to the Members of the Hygiene Food Additives Commission and the interested Weights and Measures This section should contain the international organizations. Labelling names of the additives permitted and, Methods of Analysis and Sampling Step 4 where appropriate, the maximum Format for Codex Standards amount permitted in the food. It should The comments received are sent by be prepared in accordance with Name of the Standard the Secretariat to the subsidiary body or guidance given on page of the Codex other body concerned which has the The name of the standard should be Procedural Manual and may take the power to consider such comments and clear and as concise as possible. It following form: to amend the proposed draft standard. should usually be the common name by ‘‘The following provisions in respect of Step 5 which the food covered by the standard food additives and their specifications is known or, if more than one food is In the case of standards identified as as contained in section * * * of the dealt with in the standard, by a generic Codex Alimentarius are subject to being subject to an accelerated name covering them all. If a fully elaboration procedure, the draft endorsement [have been endorsed] by informative title is inordinately long, a the Codex Committee on Food standard is submitted through the subtitle could be added. Secretariat to the Commission together Additives and Contaminants.’’ with any written proposals received Scope A tabulation should then follow, viz.: from Members and interested This section should contain a clear, ‘‘Name of additive, maximum level international organizations for concise statement as to the food or foods (in percentage or mg/kg).’’ amendments with a view to its adoption to which the standard is applicable Contaminants as a Codex standard. In taking any unless the name of the standard clearly decision at this step, the Commission and concisely identifies the food or (a) Pesticide Residues: This section will give due consideration to any foods. A generic standard covering more should include, by reference, any levels comments that may be submitted by any than one specific product should clearly for pesticide residues that have been of its Members regarding the identify the specific products to which established by the Codex Committee on implications which the proposed draft the standard applies. Pesticide Residues for the product standard or any provisions thereof may concerned. have for their economic interests. Description (b) Other Contaminants: In addition, this section should contain the names of Attachment 6—Nature of Codex This section should contain a other contaminants and where Standards definition of the product or products with an indication, where appropriate, appropriate the maximum level Codex standards contain requirements of the raw materials from which the permitted in the food, and the text to for food aimed at ensuring for the product or products are derived and any appear in the standard may take the consumer a sound, wholesome food necessary references to processes of following form: product free from adulteration, and manufacture. The description may also ‘‘The following provisions in respect of correctly labelled. A Codex standard for include references to types and styles of contaminants, other than pesticide any food or foods should be drawn up product and to type of pack. The residues, are subject to endorsement in accordance with the Format for description may also include additional [have been endorsed] by the Codex Codex Commodity Standards and definitions when these additional Committee on Food Additives and contain, as appropriate, the criteria definitions are required to clarify the Contaminants.’’ listed therein. meaning of the standard. A tabulation should then follow, viz.: Format for Codex Commodity Standards ‘‘Name of contaminant, maximum Essential Composition and Quality Including Standards Elaborated Under level (in percentage or mg/kg).’’ Factors the Code of Principles Concerning Milk Hygiene and Milk Products This section should contain all quantitative and other requirements as Any specific mandatory hygiene Introduction to composition including, where provisions considered necessary should The format is also intended for use as necessary, identity characteristics, be included in this section. They should a guide by the subsidiary bodies of the provisions on packing media and be prepared in accordance with the Codex Alimentarius Commission in requirements as to compulsory and guidance given in the Codex Procedural presenting their standards, with the optional ingredients. It should also Manual. Reference should also be made object of achieving, as far as possible, a include quality factors that are essential to applicable codes of hygienic practice. uniform presentation of commodity for the designation, definition, or Any parts of such codes, including in

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particular any end-product ‘‘The methods of analysis and sampling the Black Hills National Forest Land specifications, should be set out in the described hereunder are to be endorsed [have and Resource Management Plan (Forest standard, if it is considered necessary been endorsed] by the Codex Committee on Plan). The site-specific actions are based that they should be made mandatory. Methods of Analysis and Sampling.’’ on Forest Plan Standards and The following statement should also [FR Doc. 05–10636 Filed 5–26–05; 8:45 am] Guidelines to promote existing resource appear: BILLING CODE 3410–DM–P conditions in the Dean Project Area ‘‘The following provisions in respect of toward meeting Forest Plan Goals and the food hygiene of the product are Objectives. The project area lies in the subject to endorsement [have been DEPARTMENT OF AGRICULTURE Bear Lodge Mountains in the Black Hills National Forest, directly north of endorsed] by the Codex Committee on Forest Service Food Hygiene.’’ Sundance, Wyoming. Issues considered include: Fire and fuel hazard reduction; Weights and Measures Black Hills National Forest, Bearlodge Ranger District, Wyoming, Dean impacts of vegetation treatment and This section should include all Project Area Proposal and Analysis multiple forest uses on wildlife and fish provisions, other than labelling habitat; and travel management and provisions, relating to weights and AGENCY: Forest Service, USDA. recreation. measures, e.g., where appropriate, fill of ACTION: Revised notice of intent to Purpose of and Need for Action container, weight, measure or count of prepare an environmental impact units determined by an appropriate statement. There is a need to reduce the potential method of sampling and analysis. for uncharacteristically intense wildfire Weights and measures should be SUMMARY: The Forest Service will behavior and insect infestation, provide expressed in S.I. units. In the case of prepare an environmental impact diverse wildlife habitat, and manage standards which include provisions for statement on a proposal to implement motorized recreation in the Dean Project the sale of products in standardized multiple resource management actions Area. This project will address Forest amounts, e.g. multiples of 100 grams, within the Dean Area as directed by the Plan Goal 2 (providing for biologically S.I. units should be used, but this would Black Hills National Forest Land and diverse ecosystems) and Goal 3 not preclude additional statements in Resource Management Plan. The Dean (providing for sustained commodity the standards of these standardized Project Area covers about 12,468 acres uses) consistent with Forest Plan amounts in approximately similar of National Forest System land and Standards and Guidelines. about 2,256 acres of interspersed private amounts in other systems of weights Proposed Action and measures. land within the Redwater Creek watershed directly north of Sundance, Actions proposed in the Dean Project Labelling Wyoming. Proposed actions would Area include: • Modifying stand structure across This section should include all the modify the structure of forest stands the planning area to reduce potential for labelling provisions contained in the across the planning area to reduce fuel uncharacteristically intense wildfire standard and should be prepared in loads, potential for uncharacteristically behavior and benefit wildlife. This accordance with the guidance given in intense wildfire behavior, and risk of action includes thinning the forest, the Codex Procedural Manual. insect outbreaks; provide for diverse removing conifers from stands of Provisions should be included by wildlife habitat and restore hardwood; hardwoods such as aspen, bur oak, and reference to the General Standard for the and provide a mix of motorized and birch, and expanding and/or creating Labelling of Prepackaged Foods. The non-motorized use opportunities. This revised Notice of Intent is being issued meadows. section may also contain provisions • Reducing fuel loads by decreasing which are exemptions from, additions because of a change in the designated responsible official. the volume and arrangement of both to, or which are necessary for the existing fuels and those resulting from interpretation of the General Standard DATES: Scoping was conducting as described in the Notice of Intent of other vegetation treatment activities. in respect of the product concerned Treatment could include lopping, provided that these can be justified November 24, 2004 (69 FR 68303). Comments submitted during scoping for chipping, crushing, piling and burning, fully. The following statement should and prescribed burning on up to 2,971 also appear: the proposed action are part of the project record and were considered in acres. ‘‘The following provisions in respect of the • Reducing the density of pine stands developing the Draft EIS. The Draft EIS labelling of this product are subject to on up to 4,840 acres to decrease the was issued in March 2005 (70 FR endorsement [have been endorsed] by the potential for spreading crown fires, 12211), and the comment period was Codex Committee on Food Labelling.’’ increase tree growth and vigor, and extended once (70 FR 19951). lessen the risk of insect infestation and Methods of Analysis and Sampling Comments were accepted through May disease. This may be done by using 2, 2005. These comments are being This section should include, either commercial timber harvest to thin out considered during completion of the specifically or by reference, all methods merchantable trees and using other Final EIS. The Final environmental of analysis and sampling considered methods to thin small, unmerchantable impact statement is expected in June necessary and should be prepared in trees. These actions would provide 2005. accordance with the guidance given in wood fiber to local industry and would the Codex Procedural Manual. If two or FOR FURTHER INFORMATION CONTACT: require construction of up to 5.7 miles more methods have been proved to be Janis Bouma, Project Coordinator, Black of new specified roads. equivalent by the Codex Committee on Hills National Forest, Bearlodge Ranger • Modifying the Forest Plan through Methods of Analysis and Sampling, District, 121 S. 21st Street, Sundance, a non-significant amendment to change these could be regarded as alternatives Wyoming 82729, phone (307) 283–1361. Management Area (MA) designation in and included in this section either SUPPLEMENTARY INFORMATION: The part of the project area to better reflect specifically or by reference. The actions are proposed in direct response actual conditions. The entire project following statement should also appear: to management direction provided by area is currently in MA 5.4 (Big Game

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Winter Range Emphasis). The lower Responsible Official Dated: May 23, 2005. elevations and south aspects on the east Mark Romey, side of the project area currently Marisue Hilliard, Acting Forest Acting Forest Supervisor. Supervisor, Black Hills National Forest, provide appropriate and important [FR Doc. 05–10646 Filed 5–26–05; 8:45 am] is the responsible official. The address winter range for deer and elk and are BILLING CODE 3410–11–M utilized as such. However, the is Black Hills National Forest, 25041 N. remainder of the project area is heavily Highway 16, Custer, South Dakota 57730. The telephone is (605) 673–9200. used by deer and elk only during the COMMITTEE FOR PURCHASE FROM spring, summer, and fall, including Nature of Decision To Be Made PEOPLE WHO ARE BLIND OR calving and fawning periods. Therefore, SEVERELY DISABLED the Forest proposes to change the The decisions to be made are whether Management Area designation in a or not to implement the proposed action Procurement List Proposed Additions portion of the project area to MA 5.6 or alternatives at this time; and, whether and Deletion (Forest Products, Recreation, and Big to amend the Revised Forest Plan to AGENCY: Game Emphasis) to reflect the actual allow a change in management area Committee for Purchase from utilization and better manage the project designation for part of the project area, People Who Are Blind or Severely area to benefit a variety of wildlife, deviations in guidelines for thermal Disabled. including big game species, and better cover, and deviations in goshawk ACTION: Proposed additions to and reflect existing non-motorized habitat standards. deletion from Procurement List. recreation opportunities. Amendments Dated: May 23, 2005. SUMMARY: The Committee is proposing area also proposed to allow reduction of Marisue Hilliard, to add to the Procurement List products density in certain stands that provide Acting Forest Supervisor. and a service to be furnished by big game thermal cover and to allow [FR Doc. 05–10640 Filed 5–26–05; 8:45 am] nonprofit agencies employing persons treatment of three stands in goshawk BILLING CODE 3410–11–M who are blind or have other severe post-fledging family areas. disabilities, and to delete a service • Providing a mix of motorized and previously furnished by such agencies. non-motorized opportunities and DEPARTMENT OF AGRICULTURE Comments Must be Received on or protecting wildlife in the area by closing Before: June 26, 2005. the project area to off-road motorized Forest Service ADDRESSES: Committee for Purchase travel and restricting ATV use to From People Who Are Blind or Severely designated routes. Main system routes Notice of Lincoln County Resource Disabled, Jefferson Plaza 2, Suite 10800, currently open to motorized travel Advisory Meeting 1421 Jefferson Davis Highway, would remain open. Approximately Arlington, Virginia 22202–3259. AGENCY: Forest Service, USDA. 23.5 miles of roads would also be FOR FURTHER INFORMATION OR TO SUBMIT decommissioned. ACTION: Notice of meeting. COMMENTS CONTACT: Sheryl D. Kennerly, Alternatives Consider Telephone: (703) 603–7740, Fax: (703) SUMMARY: Pursuant to the authorities in 603–0655, or e-mail Four alternatives were analyzed in the Federal Advisory Committee Act [email protected]. (Pub. L. 92–463) and under the Secure detail in the Draft EIS. These SUPPLEMENTARY INFORMATION: This alternatives were: Rural Schools and Community Self- notice is published pursuant to 41 U.S.C • Alternative A, No Action— Determination Act of 2000 (Pub. L. 106– 47(a) (2) and 41 CFR 51–2.3. Its purpose Proposed actions would be deferred at 393) the Kootenai National Forest’s is to provide interested persons an this time. Lincoln County Resource Advisory opportunity to submit comments on the • Alternative B—Promote late Committee will meet on Wednesday, proposed actions. succession habitat and increase June 1, 2005 at 6 p.m. at the Additions: If the Committee approves diversity while reducing fuels and Supervisor’s Office in Libby, Montana the proposed additions, the entities of insect infestation risk; amend the Forest for a business meeting. The meeting is the Federal Government identified in Plan to allow deviations from thermal open to the public. this notice for each product or service cover and goshawk standards. DATES: June 1, 2005. will be required to procure the products • and service listed below from nonprofit Alternative C—Proposed Action— ADDRESSES: Kootenai National Forest, Aggressively treat forest vegetation to agencies employing persons who are Supervisor’s Office, 1101 U.S. Hwy 2, blind or have other severe disabilities. reduce fire and fuels hazards; prohibit West, Libby, Montana. off-road motorized travel in the project Regulatory Flexibility Act Certification area; amend the Forest Plan to allow for FOR FURTHER INFORMATION CONTACT: I certify that the following action will a change in management area Barbara Edgmon, Committee not have a significant impact on a designation and deviations from thermal Coordinator, Kootenai National Forest at substantial number of small entities. cover and goshawk standards. (406) 293–6211, or e-mail • [email protected]. The major factors considered for this Alternative D—Focus treatments certification were: near private lands and in other strategic SUPPLEMENTARY INFORMATION: Agenda 1. If approved, the action will not locations; de-emphasize the use of topics include acceptance of project result in any additional reporting, commercial timber harvest and feature proposals for funding in fiscal year recordkeeping or other compliance broadcast burning and fuel breaks; 2006, status of approved projects, and requirements for small entities other amend the Forest Plan to allow receiving public comment. If the than the small organizations that will deviations from thermal cover meeting date or location is changed, furnish the products and service to the guidelines. notice will be posted in the local Government. Alternative C was the preferred newspapers, including the Daily 2. If approved, the action will result alternative in the Draft EIS. Interlake based in Kalispell, Montana. in authorizing small entities to furnish

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the products and service to the Deletion Telephone: (703) 603–7740, Fax: (703) Government. 603–0655, or e-mail Regulatory Flexibility Act Certification 3. There are no known regulatory [email protected]. I certify that the following action will alternatives which would accomplish SUPPLEMENTARY INFORMATION: Additions: not have a significant impact on a the objectives of the Javits-Wagner- On March 18, and April 1, 2005, the substantial number of small entities. O’Day Act (41 U.S.C. 46–48c) in Committee for Purchase From People The major factors considered for this connection with the products and Who Are Blind or Severely Disabled certification were: service proposed for addition to the published notice (70 FR 13166, and 1. If approved, the action may result Procurement List. 16797) of proposed additions to the in additional reporting, recordkeeping Comments on this certification are Procurement List. invited. Commenters should identify the or other compliance requirements for After consideration of the material statement(s) underlying the certification small entities. presented to it concerning capability of on which they are providing additional 2. If approved, the action may result qualified nonprofit agencies to provide information. in authorizing small entities to furnish the services and impact of the additions the service to the Government. on the current or most recent End of Certification 3. There are no known regulatory contractors, the Committee has alternatives which would accomplish The following products and service determined that the services listed the objectives of the Javits-Wagner- are proposed for addition to below are suitable for procurement by O’Day Act (41 U.S.C. 46–48c) in Procurement List for production by the the Federal Government under 41 U.S.C. connection with the service proposed nonprofit agencies listed: 46–48c and 41 CFR 51–2.4. for deletion from the Procurement List. Products Regulatory Flexibility Act Certification End of Certification Product/NSN: Amazing Micro Mop I certify that the following action will Refill. The following service is proposed for not have a significant impact on a NSN: M.R. 1059—Amazing Micro deletion from the Procurement List: substantial number of small entities. Mop Refill. Service The major factors considered for this NPA: The Lighthouse for the Blind, Inc. certification were: (Seattle Lighthouse), Seattle, Service Type/Location: Maintenance and Repair of Portable Light Towers, 1. The action will not result in any Washington. Basewide, Fort Hood, Texas. additional reporting, recordkeeping or Contracting Activity: Defense NPA: Professional Contract Services, Inc., other compliance requirements for small Commissary Agency (DeCA), Fort Austin, Texas. entities other than the small Lee, Virginia. Contracting Activity: Army III Corps and Ft organizations that will furnish the Product/NSN: Cap, Utility, Camouflage Hood Contracting CMD, Ft. Hood, Texas. services to the Government. Type II without insignia. G. John Heyer, 2. The action will result in NSN: 8405–01–246–4182—Small. authorizing small entities to furnish the NSN: 8405–01–246–4183—Medium. General Counsel. [FR Doc. 05–10647 Filed 5–26–05; 8:45 am] services to the Government. NSN: 8405–01–246–4184—Large. 3. There are no known regulatory NSN: 8405–01–246–4185—X–Large. BILLING CODE 6353–01–P alternatives which would accomplish NSN: 8405–01–246–4181—X–Small. the objectives of the Javits-Wagner- NPA: Southeastern Kentucky O’Day Act (41 U.S.C. 46–48c) in Rehabilitation Industries, Inc., COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR connection with the services proposed Corbin, Kentucky. for addition to the Procurement List. Contracting Activity: Defense Supply SEVERELY DISABLED Center Philadelphia, Philadelphia, End of Certification Pennsylvania. Procurement List; Additions and Deletions Accordingly, the following services Product/NSN: Memorandum Book. are added to the Procurement List: NSN: 7530–00–222–0078— AGENCY: Committee for Purchase from ″ × 1 ″ Services Memorandum Book—6 3 ⁄2 . People Who Are Blind or Severely NSN: 7530–01–060–7511— Disabled. Service Type/Location: Custodial Services, Memorandum Book—31⁄2″ × 41⁄2″. U.S. Geological Survey—Office of ACTION: Additions to and deletions from NSN: 7530–00–243–9366— Acquisition & Grants, 12201 Sunrise Procurement List. Valley Drive, Reston, Virginia. Memorandum Book—31⁄2″ × 6″. NPA: Association for the Blind & NPA: Davis Memorial Goodwill Industries, SUMMARY: This action adds to the Washington, DC. Visually Impaired & Goodwill Procurement List services to be Contracting Activity: DOI–USGS Office of Industries of Greater Rochester, furnished by nonprofit agencies Acquisition and Grants, Reston, Virginia. Rochester, New York. employing persons who are blind or Service Type/Location: Document Contracting Activity: Government have other severe disabilities, and Destruction, USDA, Forest Service, 101 B Printing Office, Washington, DC. deletes from the Procurement List Sun Avenue, NE, Albuquerque, New Mexico. Service products and services previously furnished by such agencies. NPA: Adelante Development Center, Inc., Service Type/Location: Custodial Albuquerque, New Mexico. Services, Effective Date: June 26, 2005. Contracting Activity: USDA, Forest Service, Social Security Administration, 2401 ADDRESSES: Committee for Purchase Albuquerque, New Mexico. Lind Street, Quincy, Illinois. From People Who Are Blind or Severely Service Type/Location: Grounds Maintenance, Bureau of Engraving and NPA: Transitions of Western Illinois, Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Printing, 14th and C Streets, SW., Inc., Quincy, Illinois. Washington, DC. Contracting Activity: GSA, Public Arlington, Virginia, 22202–3259. NPA: Davis Memorial Goodwill Industries, Buildings Service—5P, Chicago, FOR FURTHER INFORMATION OR TO SUBMIT Washington, DC. Illinois. COMMENTS CONTACT: Sheryl D. Kennerly, Contracting Activity: Bureau of Engraving

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and Printing, Washington, DC. Contracting Activity: Defense Commissary Office of Bilateral Trade Affairs, Bureau Deletions: On April 1, 2005, the Agency, Fort Lee, Virginia. of Economic and Business Affairs, U.S. Service Type/Location: Commissary Shelf Committee for Purchase From People Department of State, Fax: (202) 647– Stocking & Custodial, Naval Training 8758; E-mail: [email protected]. Who Are Blind or Severely Disabled Center Complex, 2500 Leahy Avenue, published notice (70 FR 16797/98) of Orlando, Florida. FOR FURTHER INFORMATION CONTACT: proposed deletions to the Procurement NPA: None currently authorized. Eddy Aparicio, Office of Strategic List. After consideration of the relevant Contracting Activity: Defense Commissary Industries and Economic Security, matter presented, the Committee has Agency, Fort Lee, Virginia. Bureau of Industry and Security, U.S. determined that the product and Service Type/Location: Commissary Shelf Department of Commerce, telephone: services listed below are no longer Stocking & Custodial, Roosevelt Roads (202) 482–8234; e-mail: Naval Station, Cieba, Puerto Rico. [email protected]. suitable for procurement by the Federal NPA: Brevard Achievement Center, Inc., Government under 41 U.S.C. 46–48c Rockledge, Florida. SUPPLEMENTARY INFORMATION: Under the and 41 CFR 51–2.4. Contracting Activity: Defense Commissary authority of the Strategic and Critical Agency, Fort Lee, Virginia. Regulatory Flexibility Act Certification Materials Stock Piling Act of 1979, as Service Type/Location: Janitorial/Custodial, amended, (50 U.S.C. 98 et seq.), the I certify that the following action will Cecil Field Naval Air Station Department of Defense (‘‘DOD’’), as not have a significant impact on a Commissary, Jacksonville, Florida. NPA: CCAR Services, Inc., Green Cove National Defense Stockpile Manager, substantial number of small entities. maintains a stockpile of strategic and The major factors considered for this Springs, Florida. Contracting Activity: Defense Commissary critical materials to supply the military, certification were: industrial, and essential civilian needs 1. The action may result in additional Agency, Fort Lee, Virginia. of the United States for national reporting, recordkeeping or other G. John Heyer, defense. Section 3314 of the Fiscal Year compliance requirements for small General Counsel. (‘‘FY’’) 1993 National Defense entities. [FR Doc. 05–10648 Filed 5–26–05; 8:45 am] Authorization Act (‘‘NDAA’’) (50 U.S.C. 2. The action may result in BILLING CODE 6353–01–P 98h-1) formally established a Market authorizing small entities to furnish the Impact Committee (‘‘the Committee’’) to product and services to the Government. 3. There are no known regulatory ‘‘advise the National Defense Stockpile DEPARTMENT OF COMMERCE alternatives which would accomplish Manager on the projected domestic and foreign economic effects of all the objectives of the Javits-Wagner- Bureau of Industry and Security O’Day Act (41 U.S.C. 46–48c) in acquisitions and disposals of materials connection with the product and [Docket No. 050518134–5134–01] from the stockpile * * *.’’ The services deleted from the Procurement Committee must also balance market List. National Defense Stockpile Market impact concerns with the statutory Impact Committee Request for Public requirement to protect the Government End of Certification Comments on the Potential Market against avoidable loss. Accordingly, the following product Impact of Revised Stockpile Disposal The Committee is comprised of and services are deleted from the Levels for FY 2006 representatives from the Departments of Procurement List: Commerce, State, Agriculture, Defense, AGENCY: U.S. Department of Commerce. Energy, Interior, Treasury, and Product ACTION: Notice of inquiry. Homeland Security, and is co-chaired Product: Pen, Executive, In-Puria Tri-Wood, SUMMARY: This notice is to advise the by the Departments of Commerce and Rollerball. public that the National Defense State. The FY 1993 NDAA directs the NSN: 7520–01–484–4576—Pen Executive, In- Committee to ‘‘consult from time to time Puria Tri-Wood, Rollerball. Stockpile Market Impact Committee, co- chaired by the Departments of with representatives of producers, NPA: Tarrant County Association for the processors and consumers of the types Blind, Fort Worth, Texas. Commerce and State, is seeking public Contracting Activity: GSA/Office Supplies & comments on the potential market of materials stored in the stockpile.’’ The National Defense Stockpile Paper Products Acquisition Center New impact of proposed changes in the Administrator is proposing revisions of York, New York. disposal levels of excess Chromium the previously approved FY 2006 Metal, Ferrochromium, and Tungsten Services Annual Materials Plan (‘‘AMP’’) ores and concentrates under the Fiscal Service Type/Location: Commissary Shelf quantities for three materials, (1) Year (FY) 2006 Annual Materials Plan Stocking, Cecil Field Naval Air Station, Chromium Metal, from the previously (AMP). Jacksonville, Florida. approved 500 short tons to the newly NPA: CCAR Services, Inc., Green Cove DATES: Comments must be received by proposed 1000 short tons, (2) Springs, Florida. June 27, 2005. Contracting Activity: Defense Commissary Ferrochromium, from the previously Agency, Fort Lee, Virginia. ADDRESSES: Written comments should approved 110,000 short tons to the Service Type/Location: Commissary Shelf be sent to either William J. Denk, Co- newly proposed 150,000 short tons, and Stocking & Custodial, Defense Supply chair, National Defense Stockpile lastly (3) Tungsten ores and Center Richmond, 8000 Jefferson Davis Market Impact Committee, Office of concentrates from the previously Highway, Richmond, Virginia. Strategic Industries and Economic approved 5,000,000 pounds to the NPA: Goodwill Services, Inc., Richmond, Security, Room 3876, Bureau of newly proposed 20,000,000 pounds. Virginia. Industry and Security, U.S. Department The Committee is seeking public Contracting Activity: Defense Commissary of Commerce, 14th Street and Agency, Fort Lee, Virginia. comments on the potential market Service Type/Location: Commissary Shelf Constitution Avenue, NW., Washington, impact of the sale of these three Stocking & Custodial, Fort McClellan, DC 20230; Fax: (202) 482–5650; E-mail: materials at the newly proposed levels Alabama. [email protected]; or to E. James for the FY 2006 AMP. NPA: Alabama Goodwill Industries, Inc., Steele, Co-chair, National Defense The AMP quantities are not targets for Birmingham, Alabama. Stockpile Market Impact Committee, either sale or disposal. They are only a

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statement of the proposed maximum the regulations published in Part 4 of antidumping and countervailing duty disposal quantity of each listed material Title 15 of the Code of Federal orders and findings with April that may be sold in a particular fiscal Regulations (15 CFR 4.1, et seq.). anniversary dates. In accordance with year. The quantity of each material that Specifically, the Bureau of Industry and the Department’s regulations, we are will actually be offered for sale will Security’s Freedom of Information Act initiating those administrative reviews. depend on the market for the material (FOIA) reading room is located on its The Department of Commerce also at the time of the offering as well as on web page found at http:// received a request to revoke one the quantity of each material approved www.bis.doc.gov/foia/default.htm. antidumpting duty order in part. for disposal by Congress. Copies of the public comments received EFFECTIVE DATE: May 27, 2005. The Committee requests that will be maintained on the website. If interested parties provide written requesters cannot access the web site, FOR FURTHER INFORMATION CONTACT: comments, supporting data and they may call (202) 482–2165 for Holly A. Kuga, Office of AD/CVD documentation, and any other relevant assistance. Operations, Office 4, Import information on the potential market Administration, International Trade Dated: May 24, 2005. impact of the sale of these commodities. Administration, U.S. Department of Although comments in response to this Matthew S. Borman, Commerce, 14th Street and Constitution Notice must be received by June 27, Deputy Assistant Secretary for Export Avenue, NW., Washington, DC 20230, 2005, to ensure full consideration by the Administration. telephone (202) 482–4737. Committee, interested parties are [FR Doc. 05–10617 Filed 5–26–05; 8:45 am] SUPPLEMENTARY INFORMATION encouraged to submit comments and BILLING CODE 3510–33–P supporting information at any time Background thereafter to keep the Committee informed as to the market impact of the DEPARTMENT OF COMMERCE The Department has received timely sale of these commodities. Public requests, in accordance with 19 CFR International Trade Administration comments are an important element of 351.213(b)(2002), for administrative the Committee’s market impact review reviews of various antidumping and Initiation of Antidumping and countervailing duty orders and findings process. Countervailing Duty Administrative Public comments received will be with April anniversary dates. The Reviews and Request for Revocation Department also received a timely made available at the Department of in Part Commerce for public inspection and request to revoke in part the copying. Anyone submitting business AGENCY: Import Administration, antidumping duty order on Certain Steel confidential information should clearly International Trade Administration, Concrete Reinforcing Bars from Turkey. identify the business confidential Department of Commerce. Initiation of Reviews portion of the submission and also ACTION: Notice of Initiation of provide a non-confidential submission Anticumping and Countervailing Duty In accordance with section 19 CFR that can be placed in the public record. Administrative Reviews and Request for 351.221(c)(1)(i), we are initiating The Committee will seek to protect such Revocation in Part. administrative reviews of the following information to the extent permitted by antidumping and countervailing duty law. SUMMARY: The Department of Commerce orders and findings. We intend to issue The records related to this Notice will has received requests to conduct the final results of these reviews not be made accessible in accordance with administrative reviews of various later than April 30, 2006.

Period to be reviewed

Antidumping Duty Proceedings The People’s Republic of China: Automotive Replacement Glass Windshields 1 A–570–867 ...... 4/1/04–3/31/05 Changchum Pilkington Safety Glass Company, Ltd. Shenzen CSG Automotive Glass Co., Ltd. Wuhan Yaohua Pilkington Safety Glass Company, Ltd. The People’s Republic of China: Brake Rotors 2 A–570–846 ...... 4/1/04–3/31/05 China National Machinery and Equipment Import & Export (Xianjiang) Corporation, and manufactured by any com- pany other than Zibo Botai Manufacturing Co., Ltd. National Automotive Industry Import & Export Corporation or China National Automotive Industry Import & Export Corporation, and manufactured by any company other than Shandong Laizhou CAPCO Industry (‘‘Laizhou CAPCO’’) Laizhou CAPCO, and manufactured by any company other than Laizhou CAPCO Laizhou Luyuan Automobile Fittings Co., and manufactured by any company other than Laizhou Luyuan Automobile Fittings Co., or Shenyang Honbase Machinery Co., Ltd. Shenyang Honbase Machinery Co., Ltd., and manufactured by any company other than Laizhou Luyuan Automobile Fittings Co., or Shenyang Honbase Machinery Co., Ltd., China National Machinery Import & Export Company Laizhou Auto Brake Equipment Factory Qingdao Gren Co. Yantai Winhere Auto-Part Manufacturing Co., Ltd. Longkou Haimeng Machinery Co., Ltd. Zibo Luzhou Automobile Parts Co., Ltd. Laizhou Hongda Auto Replacement Parts Co., Ltd. Hongfa Machinery (Dalian) Co., Ltd. Qingdao Meita Automotive Industry Co., Ltd. Laizhou Huanri Automobile Parts Co., Ltd. Shangdong Huanri Group General Co. Longkou TLC Machinery Co., Ltd.

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Period to be reviewed

Zibo Golden Harvest Machinery Limited Company Shanxi Fengkun Metalurgical Limited Company Xianghe Xumingyuan Auto Parts Co., Ltd. Xiangfen Hengtai Brake System Co., Ltd. Laizhou City Luqi Machinery Co., Ltd. Qingdao Ro´tec Auto Parts Co., Ltd. Shenyang Yinghao Machinery Co. Longkou Jinzheng Machinery Co. Dixion Brake System (Longkou) Ltd. Laizhou Wally Automobile Co., Ltd. The People’s Republic of China: Non-Malleable Cast Iron Pipe Fittings 3 A–570–875 ...... 4/1/04–3/31/05 Buxin Myland (Foundry) Ltd. Myland Industrial Co., Ltd. Turkey: Certain Steel Concrete Reinforcing Bars A–489–807 ...... 4/1/04–3/31/05 Akmisa Foreign Trade Ltd., Co. Buyurgan Group Steel Division and Metalenerji A.S. Cag Celif Demir ve Celik Endustri A.S. Cebitas Demir Celik Endustrisi A.S. Cemtas Celik Makina Sanayi ve Ticaret A.S. Colakoglu Metalurji A.S. and Colokaglu Dis Ticaret Cukurova Celik Endustrisi A.S. Demirsan Haddecilik Sanayi ve Ticaret A.S. DHT Metal Diler Demir Celik Endustrisi ve Ticaret A.S. Efesan Demir Sanayi ve Ticaret A.S. and Efe Demir Celik (The Efe Group) Ege Celik Endustrisi Sanayi ve Ticaret A.S. Ege Metal Demir Celik Sanayi ve Ticaret A.S. Ekinciler Holding A.S. and Ekinciler Demir ve Celik Sanayi A.S. HABAS Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S. ICDAS Celik Enerji Tersane ve Ulasim Sanayi, A.S. Ilhanlar Rolling and Textile Industries, Ltd., Sti. and Ilhanlar Group Intermet A.S. Iskenderun Iron & Steel Works Co. Izmir Demir Celik Sanayi A.S. Kaptan Demir Celik Endustri ve Ticaret A.S. Kardemir—Karabuk Demir Celik Sanayi ve Ticaret A.S. Koc Dis Ticaret A.S. Kroman Steel Industries Co. (Droman Celik Sanayi A.S.) Kurum Steel Co. (Kurum Demir San. ve Ticaret Metalenerji A.S.) Metas Izmir Metalurji Fabrikasi Turk A.S. Nurmet Celik Sanayi ve Ticaret A.S. Nursan Celik Sanayi ve Haddecilik A.S. Sivas Demir Celik Isletmeleri A.S. Sozer Steel Works ST Steel Industry and Foreign Trade Ltd. Sti. Tosyali Demir Celik Sanayi A.S. Ucel Haddecilik Sanayi ve Ticaret A.S. Yazici Demir Celik Sanayi ve Ticaret A.S. and Diler Dis Ticaret A.S. Yesilyurt Demir Celik Yesilyurt Demir Cekme San ve Tic Ltd. Sirketi Yolbulan Group (Yolbulanlar Nak. ve Ticaret A.S., Yolbulan Metal Sanayi ve Ticaret A.S. and Yolbulan Dis Ticaret Ltd. Sti. Countervailing Duty Proceeding None. Suspension Agreements None. 1 If one of the named companies does not qualify for a separate rate, all other exporters of automotive replacement glass windshields from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part. 2 If one of the named companies does not qualify for a separate rate, all other exporters of brake rotors from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named export- ers are a part. 3 If one of the named companies does not qualify for a separate rate, all other exporters of non-malleable cast iron pipe fittings from the Peo- ple’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the single PRC entity of which the named exporters are a part.

During any administrative review determination under section notice of initiation of the review, will covering all or part of a period falling 351.218(f)(4) to continue an order or determine, consistent with FAG Italia v. between the first and second or third suspended investigation (after sunset United States, 291 F.3d 806 (Fed. Cir. and fourth anniversary of the review), the Secretary, if requested by a 2002), as appropriate, whether publication of an antidumping duty domestic interested party within 30 antidumping duties have been absorbed order under section 351.211 or a days of the date of publication of the by an exporter or producer subject to the

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review if the subject merchandise is Department’s April 14, 2005, request, demonstrate its eligibility for a separate sold in the United States through an Shanxi Zhongding provided rate, then it will be deemed to be importer that is affiliated with such supplemental information on April 29, affiliated with other companies that exporter or producer. The request must 2005. exported during the POI and not include the name(s) of the exporter or Shanxi Zhongding identified itself as entitled to a separate rate, and the producer for which the inquiry is the producer of the brake rotors it review of that respondent will be requested. exports. As required by 19 CFR rescinded. Interested parties must submit 351.214(b)(2)(i) and (iii)(A), Shanxi applications for disclosure under Zhongding has certified that it did not Initiation of Review administrative protective orders in export brake rotors to the United States accordance with 19 CFR 351.305. during the period of investigation In accordance with section These initiations and this notice are (‘‘POI’’), and that it has never been 751(a)(2)(B)(ii) of the Act and 19 CFR in accordance with section 751(a) of the affiliated with any exporter or producer 351.214(d)(1), we are initiating a new Tariff Act of 1930, as amended (19 which did export brake rotors during shipper review of the antidumping duty U.S.C. 1675(a)), and 19 CFR the POI (see Shanxi Zhongding’s March order on brake rotors from the PRC. 351.221(c)(1)(i). 23, 2005, submission). Shanxi Normally, we would issue the Dated: May 23, 2005. Zhongding has further certified that its preliminary results of this review not export activities are not controlled by later than 180 days after the date on Holly A. Kuga, the central government of the PRC, which the review is initiated. However, Senior Office Director, AD/CVD Operations, satisfying the requirements of 19 CFR Office for Import Administration. on April 29, 2005, Shanxi Zhongding 351.214(b)(2)(iii)(B). Pursuant to 19 CFR [FR Doc. 05–10673 Filed 5–26–05; 8:45 am] agreed to waive the time limits in order 351.214(b)(2)(iv)(A), Shanxi Zhongding that the Department, pursuant to 19 CFR BILLING CODE 3510–DS–M provided the date of the first sale to an 351.214(j)(3), may conduct this review unaffiliated customer in the United concurrent with the eighth States. Shanxi Zhongding submitted DEPARTMENT OF COMMERCE administrative review of this order for documentation establishing the date on the period April 1, 2004–March 31, which it first shipped the subject International Trade Administration 2005, which is being conducted merchandise to the United States and pursuant to section 751(a)(1) of the Act. [A–570–846] the volume and date of entry of that Therefore, we intend to issue the shipment. Brake Rotors From the People’s In accordance with section preliminary results of this review not Republic of China: Initiation of New 751(a)(2)(B) of the Tariff Act of 1930, as later than 245 days after the last day of Shipper Antidumping Duty Review amended (‘‘the Act’’), and 19 CFR the anniversary month. AGENCY: Import Administration, 351.214(b), and based on our analysis of the information and documentation Antidumping duty new Period to be International Trade Administration, shipper review reviewed Department of Commerce. provided with the new shipper review request, as well as our analysis of SUMMARY: The Department of Commerce PRC: Brake Rotors, proprietary import data from U.S. received a request on March 23, 2005, A–570–846: Shanxi Customs and Border Protection (‘‘CBP’’), to conduct a new shipper review of the Zhongding Auto we find that Shanxi Zhongding has met antidumping duty order on brake rotors Parts Co., Ltd ...... 04/01/04–03/31/05 the requirements for the Department to from the People’s Republic of China initiate a new shipper review (for more (‘‘PRC’’). In accordance with 19 CFR We will instruct CBP to allow, at the details, see New Shipper Initiation 351.214(d), we are initiating a new option of the importer, the posting, until Checklist for Shanxi Zhongding). the completion of the review, of a bond shipper review for the company that Therefore, we are initiating a new or security in lieu of a cash deposit for requested such a review: Shanxi shipper review for Shanxi Zhongding. Zhongding Auto Parts Co., Ltd. (‘‘Shanxi In cases involving non-market each entry of the subject merchandise Zhongding’’), which is a producer and economies, it is the Department’s from Shanxi Zhongding. This action is exporter of brake rotors from the PRC. normal practice to require that a in accordance with section EFFECTIVE DATE: May 27, 2005. company seeking to establish eligibility 751(a)(2)(B)(iii) of the Act, and 19 CFR FOR FURTHER INFORMATION CONTACT: for an antidumping duty rate separate 351.214(e). Because Shanxi Zhongding Edward Jacobson or Brian Smith, AD/ from the country-wide rate provide de has certified that it both produces and CVD Operations, Office 9, Import jure and de facto evidence of an absence exports the subject merchandise, the Administration, International Trade of government control over the sale of which was the basis for its new Administration, U.S. Department of company’s export activities (see Natural shipper review request, we will apply Commerce, 14th Street and Constitution Bristle Paintbrushes and Brush Heads the bonding privilege only to entries of Avenue, NW., Washington, DC 20230; from the People’s Republic of China, 68 subject merchandise for which it is both telephone (202) 482–5460 or (202) 482– FR 57875 (October 7, 2003)). the producer and exporter. 1766, respectively. Accordingly, we will issue a Interested parties that need access to SUPPLEMENTARY INFORMATION: questionnaire to Shanxi Zhongding proprietary information in this new (including a complete separate rates shipper review should submit Background section), allowing approximately 37 applications for disclosure under The Department received a timely days for response. If the response from administrative protective order in request on March 23, 2005, from Shanxi Shanxi Zhongding provides sufficient accordance with 19 CFR 351.305 and Zhongding in accordance with 19 CFR indication that it is not subject to either 351.214(c), for a new shipper review of de jure or de facto government control 351.306. the antidumping duty order on brake with respect to its exports of brake This initiation and notice are in rotors from the PRC, which has an April rotors, the review will proceed. If, on accordance with section 751(a)(2)(B) of anniversary month. In response to the the other hand, the respondent does not the Act and 19 CFR 351.214(d).

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Dated: May 23, 2005. products unique to the travel and FOR FURTHER INFORMATION CONTACT: Kaja Barbara E. Tillman, tourism industry. The Board was Brix, NOAA/NMFS, Alaska Region, Acting Deputy Assistant Secretary for Import chartered in August of 2003 and will (907)586–7235, or Brad Smith, NOAA/ Administration. expire on August 8, 2005. NMFS, Alaska Region, Anchorage Field [FR Doc. E5–2705 Filed 5–26–05; 8:45 am] This meeting is physically accessible Office, (907)271–5006. BILLING CODE 3510–DS–P to people with disabilities. Requests for SUPPLEMENTARY INFORMATION: On March sign language interpretation or other 16, 2005, NMFS announced the auxiliary aids should be directed to availability of a draft conservation plan DEPARTMENT OF COMMERCE OTTI. for Cook Inlet beluga whales for public Dated: May 26, 2005. review and comment (70 FR 12853). The International Trade Administration Julie P. Heizer, comment period for the draft plan ended May 16, 2005. During the United States Travel and Tourism Deputy Director, Industry Relations, Office comment period, several parties Promotion Advisory Board of Travel and Tourism Industries. [FR Doc. E5–2684 Filed 5–26–05; 8:45 am] requested additional time to review the AGENCY: document and develop comments. International Trade BILLING CODE 3510–DS–P Administration, U.S. Department of Pursuant to these requests, NMFS is Commerce reopening the comment period for the ACTION: Notice of open meeting. DEPARTMENT OF COMMERCE draft plan for an additional 30-day period. DATE: June 10, 2005. National Oceanic and Atmospheric Dated: May 23, 2005. TIME: 9–11:30 a.m. Administration P. Michael Payne, PLACE: Hotel George, 15 E Street, NW., [I.D. 031105D] Acting Deputy Director, Office of Protected Washington, DC 20001. Tel: (202) 347– Resources, National Marine Fisheries Service. 4213. Endangered Fish and Wildlife; Marine [FR Doc. 05–10668 Filed 5–26–05; 8:45 am] SUMMARY : The United States Travel and Mammal Protection Act; Draft BILLING CODE 3510–22–S Tourism Promotion Advisory Board Conservation Plan for the Cook Inlet (Board) will hold a Board meeting on Stock of Beluga Whales; Reopening of June 10, 2005 at the Hotel George, 15 E Comment Period DEPARTMENT OF COMMERCE Street, NW., Washington, DC 20001. The Board will discuss the results of AGENCY: National Marine Fisheries National Oceanic and Atmospheric the international advertising and Service (NMFS), National Oceanic and Administration Atmospheric Administration (NOAA), promotion campaign launched in the [I.D. 020205E] United Kingdom in 2004/2005, which Commerce. sought to encourage individuals to ACTION: Notice of availability of draft Small Takes of Marine Mammals travel to the United States for the conservation plan; reopening of public Incidental to Specified Activities; express purpose of engaging in tourism. comment period. Harbor Activities Related to the Delta The meeting will be open to the public. SUMMARY: NMFS is reopening the IV/Evolved Expendable Launch Vehicle Time will be permitted for public comment period for the draft at Vandenberg Air Force Base, CA comment. To sign up for public conservation plan for Cook Inlet beluga comment, please contact Julie Heizer at AGENCY: National Marine Fisheries whales. The initial comment period least 24 hours before the start of the Service (NMFS), National Oceanic and ended May 16, 2005. The draft meeting. Atmospheric Administration (NOAA), Julie Heizer may be contacted at U.S. conservation plan is intended to Commerce. Department of Commerce, 1401 promote the conservation and recovery ACTION: Notice of issuance of an Constitution Avenue, NW., Room 5204, of these whales so they are no longer incidental take permit. Washington, DC 20230; via fax at (202) considered depleted under the Marine 482–2887; or, via e-mail at Mammal Protection Act. SUMMARY: In accordance with provisions [email protected]. DATES: Written comments and of the Marine Mammal Protection Act Written comments concerning Board information must be received by June (MMPA) as amended, notification is affairs are welcome anytime before or 27, 2005. hereby given that NMFS has issued an after the meeting. Written comments ADDRESSES: Copies of the draft Incidental Harassment Authorization should be directed to Julie Heizer. conservation plan may be reviewed and/ (IHA) to The Boeing Company (Boeing) Minutes will be available within 60 or copied at NMFS, Protected Resources to take marine mammals by harassment days of this meeting. Division, 222 W. 7th Ave., (room 517), incidental to harbor activities related to The Board is mandated by Public Law Anchorage, AK 99513; or at the NMFS the Delta IV/Evolved Expendable 108–7, Section 210. As directed by Alaska Regional Office, Protected Launch Vehicle (EELV) at south Public Law 108–7, Section 210, the Resources Division, 709 W. 9th St., P.O. Vandenberg Air Force Base, CA (VAFB). Secretary of Commerce shall design, Box 21668, Juneau, AK 99802. It is DATES: Effective from May 20, 2005, develop and implement an international available on the Internet at the following through May 19, 2006. advertising and promotional campaign, address: http://www.fakr.noaa.gov/ ADDRESSES: A copy of the IHA and the which seeks to encourage individuals to protectedresources/whales/beluga.htm. application are available by writing to travel to the United States. The Board Comments on the draft conservation Steve Leathery, Chief, Permits, shall recommend to the Secretary of plan should be sent to the above Conservation, and Education Division, Commerce the appropriate coordinated addresses or may be submitted by email Office of Protected Resources, National activities for funding. This campaign to the following address: CIB-CP- Marine Fisheries Service, 1315 East- shall be a multi-media effort that seeks [email protected]. Please identify West Highway, Silver Spring, MD to leverage the Federal dollars with electronic comments with the subject 20910–3225, or by telephoning the contributions of cash and in-kind line: Beluga Whale Conservation Plan. contact listed here. A copy of the

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application containing a list of incidental harassment of small numbers marine mammals in the course of this references used in this document may of marine mammals. Within 45 days of project. Another individual asked be obtained by writing to this address, the close of the comment period, NMFS exactly what the harassment entailed. by telephoning the contact listed here must either issue or deny issuance of Response: Except for certain (see FOR FURTHER INFORMATION CONTACT) the authorization. categories of activities not pertinent or online at: http://www.nmfs.noaa.gov/ Summary of Request here, the MMPA defines ‘‘harassment’’ protlres/PR1/SmalllTake/ as: any act of pursuit, torment, or smalltakelinfo.htm#applications. On December 21, 2004, NMFS annoyance which (i) has the potential to received an application from Boeing FOR FURTHER INFORMATION CONTACT: injure a marine mammal or marine Jolie requesting a renewal of an authorization Harrison, (301) 713–2289, ext. 166 or mammal stock in the wild [‘‘Level A for the harassment of small numbers of harassment’’]; or (ii) has the potential to Monica DeAngelis, (562) 980–3232. Pacific harbor seals (Phoca vitulina SUPPLEMENTARY INFORMATION: disturb a marine mammal or marine richardsi) and California sea lions mammal stock in the wild by causing Background (Zalophus californianus) incidental to disruption of behavioral patterns, harbor activities related to the Delta IV/ including, but not limited to, migration, Sections 101(a)(5)(A) and (D) of the EELV, including: transport vessel MMPA (16 U.S.C. 1361 et seq.) direct breathing, nursing, breeding, feeding, or operations, cargo movement activities, sheltering [‘‘Level B harassment’’]. The the Secretary of Commerce to allow, harbor maintenance dredging, and kelp upon request, the incidental, but not harassment authorized under this IHA is habitat mitigation operations. In expected to be in the form of visual and intentional taking of small numbers of addition, northern elephant seals marine mammals by U.S. citizens who acoustic stimuli resulting from dredging (Mirounga angustirostris) may also be and vessel operations. engage in a specified activity (other than incidentally harassed but in even The taking by serious injury or death commercial fishing) within a specified smaller numbers. Incidental Harassment of any marine mammal is not authorized geographical region if certain findings Authorizations (IHAs) were issued to by this IHA and would result in the are made and either regulations are Boeing on May 15, 2002 (67 FR 36151, modification, suspension or revocation issued or, if the taking is limited to May 23, 2002), May 20, 2003 (68 FR of this Authorization. NMFS anticipates harassment, notice of a proposed 36540, June 18, 2003), and on May 20, that Boeing’s harbor activities will result authorization is provided to the public 2004 (69 FR 29696, May 25, 2004) each in no more than Level B Harassment for review. for a 1–year period. The harbor where Authorization for incidental takings that is limited to short term and activities will take place is on south may be granted if NMFS finds that the localized behavioral changes, such as VAFB approximately 2.5 mi (4.02 km) taking will have no more than a startle reactions or flushes of low south of Point Arguello, CA and negligible impact on the species or numbers of individuals from haul-out approximately 1 mi (1.61 km) north of stock(s), will not have an unmitigable sites. the nearest marine mammal pupping adverse impact on the availability of the Comment 3: One individual felt that site (i.e., Rocky Point). species or stock(s) for subsistence uses, Boeing should not be permitted to and that the permissible methods of Comments and Responses dredge the harbor at VAFB without taking and requirements pertaining to A notice of receipt of the Boeing disclosing to the public the reasons the monitoring and reporting of such application and proposed IHA was dredging is needed. Another individual taking are set forth. published in the Federal Register on also wanted to know why VAFB needed NMFS has defined ‘‘negligible March 23, 2005 (70 FR 14651). During to dredge the harbor. Another impact’’ in 50 CFR 216.103 as: the comment period, NMFS received individual, in reference to the dredging, an impact resulting from the specified thought that a blanket approval to activity that cannot be reasonably expected comments from the Marine Mammal Commission (Commission) and from six harass animals for 3–5 weeks was to, and is not reasonably likely to, adversely extreme. affect the species or stock through effects on individuals. annual rates of recruitment or survival. Comment 1: The Commission states Response: Boeing disclosed to the Subsection 101(a)(5)(D) of the MMPA that NMFS’ preliminary determinations public the need for dredging in the 2001 established an expedited process by are reasonable provided that all Final USAF EA for Harbor Activities which citizens of the United States can reasonable measures will be taken to Associated with the Delta IV Program at apply for an authorization to ensure the least practicable impact on VAFB. As explained in that document, incidentally take small numbers of the subject species and the required when this project was scheduled to marine mammals by harassment. Except mitigation and monitoring activities are begin, the harbor had not been dredged for certain categories of activities not carried out as described in the March since 1989 and was filled with sediment pertinent here, the MMPA defines 23, 2005 Federal Register notice and the to approximately the 0 foot mean lower ‘‘harassment’’ as: subject application. low water (MLLW) level at the foot of any act of pursuit, torment, or annoyance Response: NMFS appreciates the the dock. The Delta Mariner has an which (i) has the potential to injure a marine Commission’s comment and is requiring absolute minimum draft of mammal or marine mammal stock in the wild all mitigation and monitoring activities approximately 8 ft (2.4 m) and a [‘‘Level A harassment’’]; or (ii) has the that have been described in Boeing’s working minimum draft of potential to disturb a marine mammal or application. NMFS is also requiring approximately 9 ft (2.7 m). To marine mammal stock in the wild by causing disruption of behavioral patterns, including, Boeing to take all reasonable measures accommodate the Delta Mariner the but not limited to, migration, breathing, to ensure the least practicable impact on harbor needed to be dredged to its nursing, breeding, feeding, or sheltering the species, such as turning on lighting original working depth of 10 ft (3.0m) [‘‘Level B harassment’’]. before dusk and initiating activities MLLW plus a 2–ft (0.6 m) overdredge. Section 101(a)(5)(D) establishes a 45– before dusk if Boeing will be conducting VAFB is located along a very dynamic day time limit for NMFS review of an harbor activities at night. section of the coast and the sediment application followed by a 30–day public Comment 2: Two individuals accumulation rate is estimated at 1 foot notice and comment period on any expressed concerns that NMFS would per year. Boeing anticipates the need for proposed authorizations for the be authorizing Boeing to harm or kill dredging annually or twice per year,

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depending on the hardware delivery before dark, and the turning on of lights yards of sediment per dredging. schedule. prior to dusk when operations are to Dredging will involve the use of heavy The schedule for dredging is also take place at night. These measures are equipment, including a clamshell addressed in the 2001 USAF EA. Using intended to reduce marine mammal dredge, dredging crane, a small tug, methods outlined in a Water Quality startle reactions to the operations. dredging barge, dump trucks, and a skip Management Plan, dredging is expected Additionally, observers will monitor the loader. Measured sound levels from this to proceed at a rate of 2,000 cubic yards animals before, during, and after all equipment are roughly equivalent to per day (maximum total removal of harbor operations that occur when the those estimated for the wharf 3,000 cubic yards per maintenance tide is low enough for pinnipeds to be modification equipment: 43 to 81 dB A- dredge), which would take a maximum hauled out. weighted at 250 ft (76.2 m). Dredge of 2 days. A five-day buffer was added Comment 7: One individual was operations, from set-up to tear-down, to allow for bad weather or other concerned about the potential harm to would continue 24–hours a day for 2 to problems. Additionally, it takes the sea otter population. 3 weeks. Sedimentation surveys have approximately 1 week to stage the Response: VAFB formally consulted shown that initial dredging indicates equipment prior to dredging and with the U.S. Fish and Wildlife Service that maintenance dredging should be approximately 1 week to demobilize the (USFWS) regarding possible take of the required annually or twice per year, operation after the dredging. southern sea otter. A Biological Opinion depending on the hardware delivery Comment 4: One individual thought was issued in August 2001, which schedule. that Boeing should submit proposals for found that Boeing’s harbor activities A more detailed description of the alternate sites for the proposed will not jeopardize the continued work proposed for 2005 is contained in activities. existence of the southern sea otter. This the application which is available upon Response: As discussed in the 2001 IHA does not alter the action in a request (see ADDRESSES) and in the Final USAF EA, the VAFB harbor is the only manner that was not previously US Air Force Environmental existing facility along the VAFB coast analyzed in that consultation. Assessment for Harbor Activities that can be used for off-loading CBC’s Specified Activities Associated with the Delta IV Program at for ready transport to Space Launch Vandenberg Air Force Base (ENSR Delta Mariner off-loading operations Complex 6 (SLC–6), where Boeing’s International, 2001). Delta IV rockets will be launched. and associated cargo movements will Boeing completed a transportation study occur a maximum of 3 times per year. Habitat and Marine Mammals Affected and concluded that the common booster The Delta Mariner is a 312–ft (95.1–m) by the Activity long, 84–ft (25.6–m) wide steel hull cores are too large to be feasibly Pacific Harbor Seals transported from other harbors that ocean-going vessel capable of operating could accommodate the Delta Mariner. at a 8–ft (2.4–m) draft. For all visits to The marine mammal species likely to In the Final Environmental Impact the south VAFB harbor, tug boats will be harassed incidental to harbor Statement for the Evolved Expendable accompany the Delta Mariner. Sources activities at south VAFB are the Pacific Launch Vehicle Program (1998), of noise from the Delta Mariner include harbor seal and the California sea lion. alternate sites to VAFB for the whole ventilating propellers used for The most recent estimate of the Pacific program were considered. maneuvering into position and the cargo harbor seal population in California is Comment 5: One individual thought bay door when it becomes disengaged. 27,863 seals. Since 1990 there has been that work done on or near a National Removal of the common booster core no net population growth along the Wildlife Reserve must be conducted (CBC) from the Delta Mariner requires mainland or the Channel Islands. The with extreme caution. use of an elevating platform transporter decrease in population growth rate has Response: VAFB is sometimes (EPT), an additional source of noise occurred at the same time as a decrease referred to as a National Wildlife with sound levels measured at in human-caused mortality and may Reserve to illustrate its commitment to approximately 85 dB A-weighted (re 20 indicate that the population has reached protecting natural resources. National microPascals at 1–m) 20 ft (6.1 m) from its environmental carrying capacity Wildlife Reserve is not an official the engine exhaust when the engine is (Carretta et al., 2004). The total designation as applied to VAFB and running mid-speed (Acentech, 1998). population of harbor seals on VAFB is does not have any associated Procedures require two short now estimated to be 1,099 (maximum of requirements. (approximately 1/3 second) beeps of the 515 seals hauled out at one time on Comment 6: One individual asked horn prior to starting the ignition. The south VAFB) based on sighting surveys what kind of precautions Boeing would sound level of the EPT horn ranged from and telemetry data (SRS Technologies, use when doing the dredging. The 62–70 dB A-weighted at 200 ft (60.9 m) 2003). individual also asked if barriers could away, and 84–112 dB A-weighted at 25 The daily haul-out behavior of harbor be used. ft (7.6 m) away. Containers containing seals along the south VAFB coastline is Response: Due to methods used for flight hardware items will be towed off primarily dependent on time of day. dredging, which involve a crane with a the Delta Mariner by a tractor tug that The highest number of seals haul-out at clamshell dredge positioned either on generates a sound level of south VAFB between 1100 through 1600 the dock or a barge, NMFS does not approximately 87 dB A-weighted at 50 hours. In addition, haul-out behavior at believe that the construction of a barrier ft (15.2 m) while in operational mode. all sites seems to be influenced by would be an effective way to reduce the Total time of Delta Mariner docking and environmental factors such as high visual or audio stimuli that the affected cargo movement has been 4 to 8 hours, swell, tide height, and wind. The pinnipeds are exposed to. The during periods of daylight and high tide, combination of all three may prevent precautions to be taken during dredging for the first two arrivals. Maximum seals from hauling out at most sites. The are outlined in the Mitigation section of anticipated time is 14 hours. number of seals hauled out at any site this document and include the To continue to accommodate the can vary greatly from day to day based continuous, versus start and stop, Delta Mariner, the harbor will need to on environmental conditions. Harbor operation of heavy machinery, the be maintenance dredged, removing seals occasionally haul out at a beach initiation of all nighttime activities approximately 3,000 to 5,000 cubic 250 ft (76.2 m) west of the south VAFB

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harbor and on rocks outside the harbor VAFB vicinity occur at Lion Rock, 0.4 northern fur seal (Callorhinus ursinus), breakwater where Boeing will be mi (0.64 km) southeast of Point Sal. This Guadalupe fur seal (Arctocephalus conducting Delta Mariner operations, area is approximately 1.5 mi (2.41 km) townsendi), and Steller sea lion cargo loading, dredging activities, and north of the VAFB boundary. At least (Eumetopias jubatus). Northern reef enhancement activities. The 100 sea lions can be observed during elephant seals may occur on VAFB but maximum number of seals present any season at this site. The Point do not haul out in the harbor area. during the 2001 dredging of the harbor Arguello beaches and the rocky ledges Northern fur seals, Guadalupe fur seals was 23 (averaging 7 per observation of South Rocky Point on south VAFB and Steller sea lions occur along the period) and the maximum number are haulout areas that may be used by California coast and Northern Channel hauled out during the 2002 wharf California sea lions. In 2003, at least 145 Islands but are not likely to be found on modification activities was 43, sea lions were observed at Rocky Point, VAFB. Descriptions of the biology and averaging 21 per day when tidal including five pups that did not survive local distribution of these species can be conditions were favorable for hauling due to abandonment shortly after birth. found in the application as well as other out. Dredging and reef enhancement did This was thought to be an El Nino effect, sources such as Stewart and Yochem not occur in 2004. The harbor seal as there had never been any previously (1994, 1984), Forney et al. (2000), Koski pupping site closest to south VAFB reported sea lion births at VAFB et al. (1998), Barlow et al. (1993), harbor is at Rocky Point, approximately (Thorson, 2003). Stewart and DeLong (1995), and Lowry 1 mi (1.6 km) north of the harbor. Each year, small groups of sea lions et al. (1992). NMFS Stock Assessments Several factors affect the seasonal have been observed heading south along can be viewed at: http:// haul-out behavior of harbor seals the VAFB coastline in April and May www.NMFS.noaa.gov/pr/PR2/ including environmental conditions, (Tetra Tech, 1997). Starting in August, StocklAssessmentlProgram/ reproduction, and molting. Harbor seal large groups of sea lions can be seen sars.html. Please refer to those numbers at VAFB begin to increase in moving north, in groups varying in size documents for information on these March during the pupping season from 25 to more than 300 (Roest, 1995). species. (March to June) as females spend more This concurs with established migration Southern sea otters have occasionally time on shore nursing pups. The patterns (Reeves et al., 1992; Roest, been observed foraging in the kelp beds number of hauled-out seals is at its 1995). Juvenile sea lions can be in the VAFB harbor. Potential take of highest during the molt which occurs observed hauled-out with harbor seals sea otters during Boeing’s harbor from May through July. During the along the South Base sites from July activities was addressed by the USFWS molting season, tagged harbor seals at through September (Tetra Tech, 1997). in their 2001 Biological Opinion, which VAFB increased their time spent on Starving and exhausted subadult sea found that Boeing’s harbor activities shore by 22.4 percent; however, all seals lions are fairly common on central will not jeopardize the continued continued to make daily trips to sea to California beaches during the months of existence of the southern sea otter. forage. Molting harbor seals entering the July and August (Roest, 1995). Potential Effects of Activities on Marine water because of a disturbance are not During the breeding season, most of Mammals adversely affected in their ability to California sea lions inhabit southern molt and do not endure California and Mexico. Rookery sites in Acoustic and visual stimuli generated thermoregulatory stress. During pupping southern California are limited to San by the use of heavy equipment during and molting season, harbor seals at the Miguel Island and to the southerly the Delta Mariner off-loading south VAFB sites expand into haul-out Channel Islands of San Nicolas, Santa operations, dredging, and kelp habitat areas that are not used the rest of the Barbara, and San Clemente. Breeding mitigation, as well as the increased year. The number of seals hauled out season begins in mid-May, occurring presence of personnel, may cause short- begins to decrease in August after the within 10 days of arrival at the term disturbance to harbor seals and molt is complete and reaches the lowest rookeries. Molting occurs gradually over California sea lions hauled out along the number in late fall and early winter. several months in the late summer and beach and rocks in the vicinity of the fall. Because the molt is not south VAFB harbor. This disturbance California Sea Lions catastrophic, the sea lions can enter the from acoustic and visual stimuli is the During the wharf modification water to feed. principal means of marine mammal activity in June-July 2002, California sea Male California sea lions migrate taking associated with these activities. lions were observed hauling out on the annually. In the spring they migrate Based on the measured sounds of breakwater in small numbers (up to 6 southward to breeding rookeries in the construction equipment, such as might individuals). Although this is Channel Islands and Mexico, then be used during Boeing’s activities, considered to be an unusual occurrence migrate northward in the late summer sound level intensity decreases and is possibly related to fish schooling following breeding season. Females proportional to the square root of the in the area, Boeing included sea lions in appear to remain near the breeding distance from the source. A dredging their request. rookeries. The greatest number on land crane at the end of the dock producing California sea lions range from British occurs in September and October during 88 dBA of noise would be Columbia to Mexico. The most recent the post-breeding dispersal, although approximately 72 dBA at the nearest population estimates for the California many of the sea lions, particularly beach or the end of the breakwater, sea lions range from 237,000 to 244,000 juveniles and sub-adult and adult males, roughly 250 ft (76.2 m) away. The EPT individuals (Caretta et al., 2004). may move north away from the Channel produces approximately 85 dBA, Between 1975 and 2001, the population Islands. measured less than 20 ft (6 m) from the growth rate was 5.4–6.1 percent. A engine exhaust, when the engine is 1985–1987 population survey indicated Other Marine Mammals running at mid speed. The EPT that most individuals on the Northern Other pinniped species are rare to operation procedure requires two short Channel Islands were on San Miguel infrequent along the south VAFB coast beeps of the horn (approximately 1/3 of Island, with the population ranging and are unlikely to be harassed by a second each) prior to starting the from 2,235 to over 17,000. The largest Boeing’s activities. These four species ignition. Sound level measurements for numbers of California sea lions in the are: the northern elephant seal, the the horn ranged from 84 to 112 dBA at

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25 ft (7.6 m) away and 62 to 70 dBA at According to the June 2002 dock and the vessel will reduce speed 1.5 to 200 ft (61 m) away. The highest modification construction report 2 knots (1.5–2.0 nm/hr; 2.8–3.7 km/hr) measurement was taken from the side of (ENSRI, 2002), the maximum number of once the vessel is within 3 mi (4.83 km) the vehicle where the horn is mounted. harbor seals hauled out each day ranged of the harbor. The vessel will enter the Ambient background noise measured from 23 to 25 animals. There were 15 harbor stern first, approaching the wharf approximately 250 ft (76.2 m) from the occasions in which construction noise, and mooring dolphins at less than 0.75 beach was estimated to be 35–48 dB A- vehicle noise, or noise from a fishing knot (1.4 km/hr). weighted (Acentech, 1998; EPA, 1971). boat caused the seals to lift their heads. (7) As alternate dredge methods are Pinnipeds sometimes show startle Flushing only occurred due to fishing explored, the dredge contractor may reactions when exposed to sudden brief activities which were unrelated to the introduce quieter techniques and sounds. An acoustic stimulus with construction activities. The sea lions equipment. sudden onset (such as a sonic boom) were less reactive to the construction Monitoring may be analogous to a ‘‘looming’’ visual noise than the harbor seals. None of the stimulus (Hayes and Saif, 1967), which construction activities caused any of the As part of its 2002 application, Boeing may elicit flight away from the source sea lions to leave the jetty rocks and provided a proposed monitoring plan (Berrens et al., 1988). The onset of there was only one incident of a head for assessing impacts to harbor seals operations by a loud sound source, such alert reaction. from the activities at south VAFB harbor as the EPT during CBC off-loading The report from the December 2002 and for determining when mitigation procedures, may elicit such a reaction. dredging activities show that the measures should be employed. NMFS In addition, the movements of cranes number of Pacific harbor seals ranged proposes the same plan for this IHA. and dredges may represent a ‘‘looming’’ from 0 to 19 and that California sea A NMFS-approved and VAFB- visual stimulus to seals hauled out in lions did not haul out during the designated biologically trained observer close proximity. Seals and sea lions monitoring period. On 10 occasions, will monitor the area for pinnipeds exposed to such acoustic and visual harbor seals showed head alerts during all harbor activities. During stimuli may either exhibit a startle although two of the alerts were for nighttime activities, the harbor area will response and/or leave the haul-out site. disturbances that were not related to the be illuminated, and the monitor will use According to the MMPA, if harbor project. No harbor seals flushed during a night vision scope. Monitoring activities disrupt the behavioral patterns the activities on the dock. activities will consist of: of harbor seals, these activities would For a further discussion of the (1) Conducting baseline observation of take marine mammals by Level B anticipated effects of the planned pinnipeds in the project area prior to harassment. In general, if the received activities on harbor seals in the area, initiating project activities. level of the noise stimulus exceeds both please refer to the application and (2) Conducting and recording the background (ambient) noise level NMFS’ 2005 Environmental observations on pinnipeds in the and the auditory threshold of the Assessment. Information contained in vicinity of the harbor for the duration of animals, and especially if the stimulus the application and referenced sources the activity occurring when tides are is novel to them, there may be a as updated by recent monitoring reports low enough for pinnipeds to haul out behavioral response. The probability is adopted by NMFS as the best (2 ft, 0.61 m, or less). and degree of response will also depend information available on this subject. (3) Conducting post-construction on the season, the group composition of observations of pinniped haul-outs in the pinnipeds, and the type of activity Mitigation the project area to determine whether in which they are engaged. Minor and To reduce the potential for animals disturbed by the project brief responses, such as short-duration disturbance from visual and acoustic activities return to the haul-out. startle or alert reactions, are not likely stimuli associated with the activities Reporting to constitute disruption of behavioral Boeing will undertake the following patterns, such as migration, nursing, marine mammal mitigating measures: Boeing will notify NMFS 2 weeks breeding, feeding, or sheltering (i.e., (1) If activities occur during nighttime prior to initiation of each activity. After Level B harassment) and would not hours, lighting will be turned on before each activity is completed, Boeing will cause serious injury or mortality to dusk and left on the entire night to provide a report to NMFS within 90 marine mammals. avoid startling harbor seals at night. days. This report will provide dates and On the other hand, startle and alert (2) Activities will be initiated before locations of specific activities, details of reactions accompanied by large-scale dusk. seal behavioral observations, and movements, such as stampedes into the (3) Construction noises must be kept estimates of the amount and nature of water, may rise to the level of Level B constant (i.e., not interrupted by periods all takes of seals by harassment or in harassment and could result in injury of of quiet in excess of 30 minutes) while other ways. In addition, the report will individuals. In addition, such large- harbor seals are present. include information on the weather, the scale movements by dense aggregations (4) If activities cease for longer than tidal state, the horizontal visibility, and of marine mammals or on pupping sites 30 minutes and harbor seals are in the the composition (species, gender, and could potentially lead to takes by area, start-up of activities will include a age class) and locations of haul-out serious injury or death. However, there gradual increase in noise levels. group(s). In the unanticipated event that is no potential for large-scale (5) A NMFS-approved marine any cases of pinniped injury or movements leading to serious injury or mammal observer will visually monitor mortality are judged to result from these mortality near the south VAFB harbor, the harbor seals on the beach adjacent activities, this will be reported to NMFS because on average the number of to the harbor and on rocks for any immediately. harbor seals hauled out near the site on flushing or other behaviors as a result of average is less than 30 and there is no Boeing’s activities (see Monitoring). Numbers of Marine Mammals Expected pupping at nearby sites. The effects of (6) The Delta Mariner and to be Harassed the harbor activities are expected to be accompanying vessels will enter the Boeing estimates that a maximum of limited to short-term startle responses harbor only when the tide is too high for 43 harbor seals per day may be hauled and localized behavioral changes. harbor seals to haul-out on the rocks out near the south VAFB harbor, with a

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daily average of 21 seals sighted when Possible Effects of Activities on harbor activities will not jeopardize the tidal conditions were favorable during Subsistence Needs continued existence of the southern sea previous dredging operations in the There are no subsistence uses for otter. The activities covered by this IHA harbor. Considering the maximum and Pacific harbor seals in California waters, are analyzed in that Biological Opinion, average number of seals hauled out per and thus, there are no anticipated effects and this IHA does not modify the action day, assuming that the seals may be on subsistence needs. in a manner that was not previously seen twice a day, and using a maximum analyzed. total of 73 operating days in 2005–2006, Conclusions National Environmental Policy Act NMFS estimates that a maximum of 767 NMFS has determined that the impact to 1570 Pacific harbor seals may be of conducting harbor activities related to In 2001, the USAF prepared an subject to Level B harassment. the Delta IV/EELV at VAFB, including: Environmental Assessment (EA) for During wharf modification activities, transport vessel operations, cargo Harbor Activities Associated with the a maximum of six California sea lions movement activities, harbor Delta IV Program at Vandenberg Air were seen hauling out in a single day. maintenance dredging, and kelp habitat Force Base. In 2005, NMFS prepared an Based on the above-mentioned mitigation would result in the EA supplementing the information calculation, NMFS believes that a harassment of small numbers of Pacific contained in the USAF EA and issued maximum of 219 California sea lions harbor seals, California sea lions, and a Finding of No Significant Impact on and 10 northern elephant seals (because northern elephant seals; would have no the issuance of an IHA for Boeing’s they may be in nearby waters) may be harbor activities in accordance with subject to Level B harassment. more than a negligible impact on these marine mammal stocks; and would not section 6.01 of the National Oceanic and Possible Effects of Activities on Marine have an unmitigable adverse impact on Atmospheric Administration Mammal Habitat the availability of marine mammal Administrative Order (NAO) 216–6 (Environmental Review Procedures for Boeing anticipates no loss or stocks for subsistence uses. Northern fur seals, Guadalupe fur seals, and Steller Implementing the National modification to the habitat used by Environmental Policy Act, May 20, Pacific harbor seals or California sea sea lions are unlikely to be found in the area and, therefore, will not be affected. 1999). Accordingly, an Environmental lions that haul out near the south VAFB Impact Statement is not required. harbor. The harbor seal and sea lion While behavioral modifications may be haul-out sites near south VAFB harbor made by harbor seals and California sea Authorization lions to avoid the resultant acoustic and are not used as breeding, molting, or NMFS has issued an IHA to take visual stimuli, there is no potential for mating sites; therefore, it is not expected marine mammals, by harassment, large-scale movements, such as that the activities in the harbor will incidental to conducting harbor stampedes, since these species haul out have any impact on the ability of Pacific activities at VAFB to Boeing for a 1–year in such small numbers near the site harbor seals or California sea lions in period, provided the mitigation, (maximum number of harbor seals the area to reproduce. monitoring, and reporting requirements Boeing anticipates unavoidable kelp hauled out in one day estimated at 43 are undertaken. removal during dredging. This habitat seals, averaging at 21 seals per day, modification will not affect the marine maximum number of California sea Dated: May 23, 2005. mammal habitat. However, Boeing will lions hauled out in one day is estimated Laurie K. Allen, mitigate for the removal of kelp habitat at six). The effects of Boeing’s harbor Director, Office of Protected Resources, by placing 150 tons of rocky substrate in activities are expected to be limited to National Marine Fisheries Service. a sandy area between the breakwater short-term and localized behavioral [FR Doc. 05–10669 Filed 5–26–05; 8:45 am] and the mooring dolphins to enhance an changes. BILLING CODE 3510–22–S existing artificial reef. This type of Due to the localized nature of these mitigation was implemented by the activities, the number of marine Army Corps of Engineers following the mammals potentially taken by DEPARTMENT OF COMMERCE 1984 and 1989 dredging. A lush kelp harassment are estimated to be small. In bed adjacent to the sandy area has addition, no take by injury or death is National Oceanic and Atmospheric developed from the efforts. The anticipated, and the potential for Administration substrate will consist of approximately temporary or permanent hearing [I.D. 052305B] 150 sharp-faced boulders, each with a impairment is unlikely given the low diameter of about 2 ft (0.61 m) and each noise levels expected at the site. No Mid-Atlantic Fishery Management weighing about one ton. The boulders rookeries, mating grounds, areas of Council (MAFMC); Meetings will be brought in by truck from an off- concentrated feeding, or other areas of AGENCY: site quarry and loaded by crane onto a special significance for marine National Marine Fisheries small barge at the wharf. The barge is mammals occur within or near south Service (NMFS), National Oceanic and towed by a tugboat to a location along VAFB harbor. Atmospheric Administration (NOAA), the mooring dolphins from which a Commerce. small barge-mounted crane can place Endangered Species Act ACTION: Notice; public meetings. them into the sandy area. Boeing plans This action will not affect species to perform the reef enhancement in listed under the Endangered Species Act SUMMARY: The Mid-Atlantic Fishery conjunction with the next maintenance (ESA) that are under the jurisdiction of Management Council (Council) and its dredging event in order to minimize NMFS. VAFB formally consulted with Atlantic Mackerel, Squid, Butterfish cost and disturbances to animals. Noise U.S. Fish and Wildlife Service (FWS) in Committee; its Tilefish Committee; its will be generated by the trucks 1998 on the possible take of southern Ecosystems Committee; and, its delivering the boulders to the harbor sea otters during Boeing’s harbor Executive Committee will hold public and during the operation of unloading activities at south VAFB. A Biological meetings. the boulders onto the barges and into Opinion was issued by the USFWS in DATES: The meetings will be held on the water. August 2001, which found that Boeing’s Tuesday, June 14, 2005, through

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Thursday, June 16, 2005. For specific document. On Thursday, June 16, the Monday, June 13 to address litigation dates, times, and agendas, see Executive Committee will meet from 8 and personnel matters. The Council will SUPPLEMENTARY INFORMATION. a.m. to 9 a.m., to review the Statement meet as late as necessary each day to ADDRESSES: Meeting address: This of Operating Practices and Procedures complete its scheduled business. meeting will be at the Wyndham Hotel, (SOPP) for needed changes; the Council ADDRESSES: The meetings will be held at 700 King Street, Wilmington, DE 19801; will meet from 9 a.m. to 11:30 a.m., to the Crowne Plaza Hotel, 1221 Chess telephone: 302–655–0400. develop and adopt multi-year quota Drive, Foster City, CA 94404; telephone: Council address: Mid-Atlantic Fishery specifications and associated 650–570–5700. Management Council, 300 S. New management measures for surfclams and Council address: Pacific Fishery Street, Dover, DE 19904; telephone: ocean quahogs; and at 11:30 a.m., will Management Council, 7700 NE 302–674–2331. hear Committee reports, and entertain Ambassador Place, Suite 200, Portland, FOR FURTHER INFORMATION CONTACT: any new and/or continuing business. OR 97220. Daniel T. Furlong, Executive Director, Although non-emergency issues not FOR FURTHER INFORMATION CONTACT: Dr. Mid-Atlantic Fishery Management contained in this agenda may come Donald O. McIsaac, Executive Director; Council; telephone: 302–674–2331, ext. before the Council for discussion, these telephone: 503–820–2280. 19. issues may not be the subject of formal SUPPLEMENTARY INFORMATION: The Council action during this meeting. SUPPLEMENTARY INFORMATION: Agenda following items are on the Council Council action will be restricted to those items for the Council’s committees and agenda, but not necessarily in this order: issues specifically listed in this notice the Council itself are: on Tuesday, June A. Call to Order and any issues arising after publication 14, 2005, from 10 a.m. to 1 p.m.; the 1. Opening Remarks, Introductions of this notice that require emergency Atlantic Mackerel, Squid, and Butterfish 2. Roll Call action under section 305(c) of the Committee will meet to review the 3. Executive Director’s Report Monitoring Committee’s Magnuson-Stevens Act, provided the 4. Approve Agenda recommendations for 2006 quota levels public has been notified of the Council(s B. Administrative Matters and associated management measures, intent to take final actions to address 1. Approval of Council Meeting and develop recommendations for 2006 such emergencies. Minutes quota specifications and associated Special Accommodations 2. Legislative Matters management measures for Council 3. Appointments to Advisory Bodies, This meeting is physically accessible consideration and action. The Tilefish Standing Committees, and Other to people with disabilities. Requests for Committee and its advisors will meet Forums sign language interpretation or other from 2 p.m. to 5 p.m., to review and 4. Work Load Priorities and Draft auxiliary aids should be directed to discuss comments received during the September 2005 Council Meeting Kathy Collins (302–674–2331) at least 5 scoping process, review and discuss Agenda days prior to the meeting date. Amendment 1 options paper, and select C. Groundfish Management management measures for inclusion in Dated: May 24, 2005. 1. Preparatory Informational Briefing the Draft Environmental Impact Emily Menashes, on Trawl Individual Quota (TIQ) Statement (DEIS) in support of Acting Director, Office of Sustainable Program Development Amendment 1. On Wednesday, June 15, Fisheries, National Marine Fisheries Service. 2. Initial Consideration of Opening the Council will convene from 8:30 a.m. [FR Doc. E5–2697 Filed 5–26–05; 8:45 am] Date of California Shore-based Whiting to 10:30 a.m., to review the Atlantic BILLING CODE 3510–22–S Fishery Mackerel, Squid, and Butterfish 3. Groundfish Essential Fish Habitat Committee’s recommendations and (EFH) Environmental Impact Statement develop and adopt 2006 quota DEPARTMENT OF COMMERCE - Final Preferred Alternative specifications and associated 4. Status of 2005 Groundfish Fisheries management measures; from 10:30 a.m. National Oceanic and Atmospheric and Consideration of Inseason to 12 noon, the Council will approve the Administration Adjustments May Council meeting minutes and [I.D. 052305C] 5. TIQ Program Development action items from the May Council 6. Rebuilding Plan Revision Rules meeting. The Council will also hear Pacific Fishery Management Council; 7. Final Consideration of Inseason organizational and liaison reports, the Public Meetings Adjustments, if necessary Executive Director’s report, and a report D. Salmon Management on the status of the MAFMC’s FMPs. AGENCY: National Marine Fisheries 1. Technical Basis for the Klamath From 1 p.m. to 3 p.m., the Council will Service (NMFS), National Oceanic and River Fall Chinook Conservation hold its first meeting for Framework 6 Atmospheric Administration (NOAA), Objective to the Summer Flounder, Scup, and Commerce. 2. Status Report on Reinitiation of Black Sea Bass FMP to review options ACTION: Notice; public meetings. Consultation for California Coastal regarding sub-regionalization of state Chinook SUMMARY: jurisdictions for the recreational fishery The Pacific Fishery E. Highly Migratory Species and utilization of multiple years for data Management Council (Council) and its Management analyses, and review and address advisory entities will hold public 1. NMFS Report compatibility with ASMFC’s Addendum meetings. 2. Draft Inter-American Tropical Tuna 17; from 3 p.m. to 3:15 p.m., the Council DATES: The Council and its advisory Commission Resolution on Albacore will approve Framework 1 to the Spiny entities will meet June 12–17, 2005. The Tuna Dogfish FMP for submission to the Council meeting will begin on Monday, 3. Status of Fisheries and Preliminary Secretary; and, the Ecosystems June 13, at 1 p.m., reconvening each day Stock Assessment and Fishery Committee will meet from 3:15 p.m. to through Friday. All meetings are open to Evaluation (SAFE) Report 5 p.m., to review draft background the public, except a closed session will 4. Response to Overfishing of Bigeye information for the public meeting be held at 1 p.m. until 2 p.m. on Tuna

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5. Exempted Fishing Permits before this Council for discussion, those Written comments or requests for a 6. Management Regime for High Seas issues may not be the subject of formal public hearing on this application Longline Fishery Council action during this meeting. should be mailed to the Chief, Permits, F. Coastal Pelagic Species Management Council action will be restricted to those Conservation and Education Division, 1. Pacific Mackerel Harvest issues specifically listed in this notice F/PR1, Office of Protected Resources, Guidelines for 2005/06 Fishery and any issues arising after publication NMFS, 1315 East-West Highway, Room 2. Fishery Management Plan of this notice that require emergency 13705, Silver Spring, MD 20910. Those Amendment 11 - Sardine Allocation action under Section 305(c) of the individuals requesting a hearing should 3. SAFE Document and Five-Year Magnuson-Stevens Fishery set forth the specific reasons why a EFH Review Conservation and Management Act, hearing on this particular request would provided the public has been notified of SCHEDULE OF ANCILLARY be appropriate. MEETINGS the Council’s intent to take final action to address the emergency. Comments may also be submitted by SUNDAY, JUNE 12, 2005 facsimile at (301)427–2521, provided Groundfish Advisory Subpanel–1 p.m. Special Accommodations the facsimile is confirmed by hard copy Groundfish Management Team–1 p.m. These meetings are physically submitted by mail and postmarked no MONDAY, JUNE 13, 2005 accessible to people with disabilities. later than the closing date of the Council Secretariat–8 a.m. Requests for sign language comment period. Groundfish Advisory Subpanel–8 a.m. interpretation or other auxiliary aids Groundfish Management Team–8 a.m. should be directed to Ms. Carolyn Porter Comments may also be submitted by Highly Migratory Species Advisory at (503) 820–2280 at least 5 days prior e-mail. The mailbox address for Subpanel– 8 a.m. to the meeting date. providing email comments is Highly Migratory Species Management [email protected]. Include Dated: May 24, 2005. Team–8 a.m. in the subject line of the e-mail Scientific and Statistical Committee–8 Emily Menashes, comment the following document a.m. Acting Director, Office of Sustainable identifier: File No. 1518. Special Session: Ocean Regime Shifts–9 Fisheries, National Marine Fisheries Service. a.m. [FR Doc. E5–2696 Filed 5–26–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: Legislative Committee–9 a.m. BILLING CODE 3510–22–S Patrick Opay or Amy Sloan, (301)713– Special Session: Rebuilding Plan 2289. Revision Rules Policy –10:30 a.m. DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: The Enforcement Consultants–5 p.m. subject permit is requested under the TUESDAY, JUNE 14, 2005 National Oceanic and Atmospheric authority of the Endangered Species Act Council Secretariat–7 a.m. Administration California State Delegation–7 a.m. of 1973, as amended (ESA; 16 U.S.C. Oregon State Delegation–7 a.m. [I.D. 051305C] 1531 et seq.) and the regulations Washington State Delegation–7 a.m. governing the taking, importing, and Groundfish Advisory Subpanel–8 a.m. Endangered Species; File No. 1518 exporting of endangered and threatened Groundfish Management Team–8 a.m. species (50 CFR 222–226). AGENCY: National Marine Fisheries Scientific and Statistical Committee–8 Service (NMFS), National Oceanic and The applicant proposes to annually a.m. Atmospheric Administration (NOAA), capture up to 250 green and 320 Enforcement Consultants–As necessary Commerce. hawksbill sea turtles to provide WEDNESDAY, JUNE 15, 2005 information on the ecology and Council Secretariat–7 a.m. ACTION: Receipt of application. population dynamics of these species. California State Delegation–7 a.m. SUMMARY: Notice is hereby given that The research would take place in the Oregon State Delegation–7 a.m. Carlos Diez, Departamento de Recursos Washington State Delegation–7 a.m. waters surrounding Puerto Rico and its Naturales y Abmientales de Puerto Rico, adjacent islands including Mona, Coastal Pelagic Species Advisory P.O. Box 9066600, San Juan, Puerto Rico Subpanel– 8 a.m. Monito, Desecheo, Caja-de-Muertos, 00906–6600, has applied in due form for Vieques and Culebra. Researchers Groundfish Advisory Subpanel–8 a.m. a permit to take hawksbill would identify marine habitat, Groundfish Management Team–8 a.m. (Eretmochelys imbricata) and green determine distribution and abundance, Scientific and Statistical Committee–8 (Chelonia mydas) sea turtles for a.m. purposes of scientific research. determine sex ratios, evaluate the extent Enforcement Consultants–As necessary of ingestion of marine debris, determine DATES: Written, telefaxed, or e-mail THURSDAY, JUNE 16, 2005 growth rates and sexual maturity, and Council Secretariat–7 a.m. comments must be received on or before June 27, 2005. quantify threats. All turtles would be California State Delegation–7 a.m. measured, weighed, tagged, and blood ADDRESSES: The application and related Oregon State Delegation–7 a.m. sampled. A subset of animals would be documents are available for review Washington State Delegation–7 a.m. lavaged and have transmitters attached Groundfish Advisory Subpanel–8 a.m. upon written request or by appointment to them. The permit would be issued for Groundfish Management Team–8 a.m. in the following office(s): Enforcement Consultants–As necessary Permits, Conservation and Education 5 years. FRIDAY, JUNE 17, 2005 Division, Office of Protected Resources, Dated: May 20, 2005. Council Secretariat–7 a.m. NMFS, 1315 East-West Highway, Room Stephen L. Leathery, 13705, Silver Spring, MD 20910; phone California State Delegation–7 a.m. Chief, Permits, Conservation and Education Oregon State Delegation–7 a.m. (301)713–2289; fax (301)427–2521; and Division, Office of Protected Resources, Washington State Delegation–7 a.m. Southeast Region, NMFS, 9721 National Marine Fisheries Service. Enforcement Consultants–As necessary Executive Center Drive North, St. [FR Doc. 05–10667 Filed 5–26–05; 8:45 am] Although non-emergency issues not Petersburg, FL 33702–2432; phone contained in this agenda may come (727)570–5301; fax (727)570–5320. BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE COMMITTEE FOR THE (b)(3)(B)(ii) of the ATPDEA; Presidential IMPLEMENTATION OF TEXTILE Proclamation 7616 of October 31, 2002, National Oceanic and Atmospheric AGREEMENTS Executive Order 13277 of November 19, Administration 2002, and the United States Trade Request for Public Comments on Representative’s Notice of Further Commercial Availability Petition under Assignment of Functions of November 25, [I.D. 051305B] 2002. the United States-Caribbean Basin Marine Mammals; File No. 116–1742 Trade Partnership Act (CBTPA) and the BACKGROUND: Andean Trade Promotion and Drug The CBTPA and the ATPDEA provide AGENCY: National Marine Fisheries Eradication Act (ATPDEA) for duty-free treatment for qualifying Service (NMFS), National Oceanic and May 25, 2005. textile and apparel products. Such Atmospheric Administration (NOAA), AGENCY: The Committee for the treatment is generally limited to Commerce. Implementation of Textile Agreements products manufactured from yarns and fabrics formed in the United States or a ACTION: Issuance of permit amendment. (CITA) ACTION: Request for public comments beneficiary country. The CBTPA and the concerning a petition for a ATPDEA also provide for duty-free SUMMARY: Notice is hereby given that treatment for apparel articles that are Sea World, Inc., 7007 Sea World Drive, determination that certain compacted, plied, ring spun cotton yarns cannot be both cut (or knit-to-shape) and sewn or Orlando, FL 32821, has been issued an otherwise assembled in one or more amendment to public display Permit supplied by the domestic industry in commercial quantities in a timely beneficiary countries from fabric or yarn No. 116–1742–00 to extend the that is not formed in the United States, expiration date through May 21, 2006. manner under the CBTPA and the ATPDEA. if it has been determined that such ADDRESSES: The amendment and related fabric or yarn cannot be supplied by the documents are available for review SUMMARY: On May 23, 2005, the domestic industry in commercial upon written request or by appointment Chairman of CITA received a petition quantities in a timely manner. In Executive Order No. 13191 (66 FR 7271) in the following office(s): from AM&S Trade Service, L.L.P., on behalf of their client, Galey and Lord, and pursuant to Executive Order No. Permits, Conservation and Education Inc., alleging that certain compacted, 13277 (67 FR 70305) and the United Division, Office of Protected Resources, plied, ring spun cotton yarns, with yarn States Trade Representative’s Notice of NMFS, 1315 East-West Highway, Room counts in the range from 42 to 102 Redelegation of Authority and Further 13705, Silver Spring, MD 20910; phone metric, classified in subheadings Assignment of Functions (67 FR 71606), (301)713–2289; fax (301)713–0376; and 5205.42.0020, 5205.43.0020, the President delegated to CITA the Southwest Region, NMFS, 501 West 5205.44.0020, 5205.46.0020, authority to determine whether yarns or Ocean Blvd., Suite 4200, Long Beach, 5205.47.0020 of the Harmonized Tariff fabrics cannot be supplied by the CA 90802–4213; phone (562)980–4001; Schedule of the United States (HTSUS), domestic industry in commercial fax (562)980–4018. cannot be supplied by the domestic quantities in a timely manner under the industry in commercial quantities in a CBTPA or the ATPDEA. On March 6, FOR FURTHER INFORMATION CONTACT: timely manner. The petition requests 2001, CITA published procedures that it Jennifer Skidmore or Amy Sloan, that men’s and boys’ woven cotton will follow in considering requests (66 (301)713–2289. trousers and shirts and women’s and FR 13502). girls’ woven cotton trousers, shirts and On May 23, 2005, the Chairman of SUPPLEMENTARY INFORMATION: On May blouses from U.S.-formed fabrics CITA received a petition from AM&S 27, 2004, notice was published in the containing such yarns be eligible for Trade Service, L.L.P., on behalf of their Federal Register (69 FR 30287) that preferential treatment under the CBTPA client, Galey and Lord, Inc., alleging Permit No. 116–1742–00 had been and the ATPDEA. CITA hereby solicits that certain compacted, plied, ring spun issued to Sea World, Inc., 7007 Sea public comments on this request, in cotton yarns, with yarn counts in the World Drive, Orlando, FL 32821, for the particular with regard to whether such range from 42 to 102 metric, classified importation of one beluga whale yarns can be supplied by the domestic in HTSUS subheadings 5205.42.0020, (Delphinapterus leucas) for the industry in commercial quantities in a 5205.43.0020, 5205.44.0020, purposes of public display. This permit timely manner. Comments must be 5205.46.0020, 5205.47.0020, cannot be amendment (No. 116-1742-01) extends submitted by June 13, 2005 to the supplied by the domestic industry in the duration of the permit from May 21, Chairman, Committee for the commercial quantities in a timely 2005, to May 21, 2006. The requested Implementation of Textile Agreements, manner. It requests duty-free treatment permit amendment has been issued Room 3001, United States Department under the CBTPA and the ATPDEA for under the authority of the Marine of Commerce, 14th and Constitution men’s and boys’ woven cotton trousers Mammal Protection Act of 1972, as Avenue, N.W. Washington, D.C. 20230. and shirts and women’s and girls’ amended (16 U.S.C. 1361 et seq.), and FOR FURTHER INFORMATION CONTACT: woven cotton trousers, shirts and the Regulations Governing the Taking Richard Stetson, International Trade blouses that are both cut (or knit-to- and Importing of Marine Mammals (50 Specialist, Office of Textiles and shape) and sewn in one or more CBTPA CFR part 216). Apparel, U.S. Department of Commerce, or ATPDEA beneficiary countries from U.S.-formed fabrics containing such Dated: May 20, 2005. (202) 482-2582. SUPPLEMENTARY INFORMATION: yarns. Stephen L. Leathery, CITA is soliciting public comments Chief, Permits, Conservation and Education Authority: Section 213(b)(2)(A)(v)(II) of the regarding this request, particularly with Caribbean Basin Economic Recovery Act, as Division, Office of Protected Resources, respect to whether this yarn can be National Marine Fisheries Service. added by Section 211(a) of the CBTPA; Section 6 of Executive Order No. 13191 of supplied by the domestic industry in [FR Doc. 05–10666 Filed 5–26–05; 8:45 am] January 17, 2001; Presidential Proclamation commercial quantities in a timely BILLING CODE 3510–22–S 7351 of October 2, 2000; Section 204 manner. Also relevant is whether other

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yarns that are supplied by the domestic COMMITTEE FOR THE such yarns or fabrics cannot be supplied industry in commercial quantities in a IMPLEMENTATION OF TEXTILE by the domestic industry in commercial timely manner are substitutable for this AGREEMENTS quantities in a timely manner and yarn for purposes of the intended use. certain procedural requirements have Comments must be received no later Designation under the Textile and been met. In Presidential Proclamation than June 13, 2005. Interested persons Apparel Commercial Availability 7351, the President proclaimed that this are invited to submit six copies of such Provision of the U.S. - Caribbean Basin treatment would apply to such apparel comments or information to the Trade Partnership Act (CBTPA) articles from fabrics or yarns designated Chairman, Committee for the by the appropriate U.S. government May 24, 2005. authority in the Federal Register. In Implementation of Textile Agreements, AGENCY: The Committee for the Executive Order No. 13191, the room 3100, U.S. Department of Implementation of Textile Agreements President authorized CITA to determine Commerce, 14th and Constitution (CITA). whether yarns or fabrics cannot be Avenue, N.W., Washington, DC 20230. ACTION: Designation. supplied by the domestic industry in If a comment alleges that this yarn can commercial quantities in a timely be supplied by the domestic industry in EFFECTIVE DATE: May 27, 2005. manner. SUMMARY: CITA has determined that commercial quantities in a timely On January 14, 2005, CITA received a certain colored, open-end spun yarns, manner, CITA will closely review any request alleging that certain colored, ranging in size from 6/1 to 18/1 English supporting documentation, such as a open end spun yarns, of a blend of count (10.16/1 to 30.47/1 metric) of a reclaimed and reprocessed cotton and signed statement by a manufacturer of blend of reclaimed and reprocessed the yarn stating that it produces the yarn not less than 35 percent nor more than cotton and not less than 35 percent nor 49 percent by weight of Outlast licensed that is the subject of the request, more than 49 percent by weight of including the quantities that can be phase change acrylic staple fibers, Outlast licensed phase change acrylic described above, for use in chief weight supplied and the time necessary to fill staple fibers, produced under license cotton sweaters, cannot be supplied by an order, as well as any relevant from Outlast, classified in subheadings the domestic industry in commercial information regarding past production. 5206.11.00.00 and 5206.12.00.00 of the quantities in a timely manner under the CITA will protect any business Harmonized Tariff Schedule of the CBTPA. It requested that such apparel confidential information that is marked United States (HTSUS), for use in chief articles, made from knit fabrics formed ‘‘business confidential’’ from disclosure weight cotton sweaters, cannot be in the United States or an eligible to the full extent permitted by law. supplied by the domestic industry in beneficiary CBTPA country of such CITA generally considers specific commercial quantities in a timely yarns, be eligible for preferential details, such as quantities and lead manner under the CBTPA. CITA hereby treatment under the CBTPA. On January times for providing the subject product designates chief weight cotton sweaters, 25, 2005, CITA requested public made from knit fabrics formed in the as business confidential. However, comment on the petition. See Request United States or an eligible beneficiary information such as the names of for Public Comments on Commercial CBTPA country from such yarns, that domestic manufacturers who were Availability Petition under the United are both cut and sewn or otherwise contacted, questions concerning the States - Caribbean Basin Trade assembled in one or more eligible Partnership Act (CBTPA) (70 FR 3251, capability to manufacture the subject CBTPA beneficiary country as eligible to published on January 25, 2005). On product, and the responses thereto enter free of quotas and duties under February 10, 2005, CITA and the U.S. should be available for public review to HTSUS subheading 9820.11.27, Trade Representative (USTR) sought the ensure proper public participation in provided all other yarns used in the advice of the Industry Trade Advisory the process. If this is not possible, an referenced apparel articles are U.S. Committee for Textiles and Clothing explanation of the necessity for treating formed and all other fabrics used in the and the Industry Trade Advisory such information as business referenced apparel articles are U.S. Committee for Distribution Services. On confidential must be provided. CITA formed from yarns wholly formed in the February 10, 2005, CITA and USTR will make available to the public non- United States. offered to hold consultations with the confidential versions of the request and FOR FURTHER INFORMATION CONTACT: Committee on Ways and Means of the non-confidential versions of any public Janet Heinzen, Office of Textiles and House of Representatives and the comments received with respect to a Apparel, U.S. Department of Commerce, Committee on Finance of the Senate request in room 3100 in the Herbert (202)482–3400. (collectively, the Congressional Hoover Building, 14th and Constitution SUPPLEMENTARY INFORMATION: Committees). On February 25, 2005, the U.S. International Trade Commission Avenue, N.W., Washington, DC 20230. Authority: Section 211(a) of the CBTPA, Persons submitting comments on a amending Section 213(b)(2)(A)(v)(II) of the provided advice on the request. request are encouraged to include a non- Caribbean Basin Recovery Act (CBERA); Based on the information and advice confidential version and a non- Executive Order No. 13191 of January 17, received and its understanding of the confidential summary. 2001; Presidential Proclamation 7351 of industry, CITA determined that the October 2, 2000. yarns set forth in the request cannot be James C. Leonard III, supplied by the domestic industry in Background Chairman, Committee for the Implementation commercial quantities in a timely of Textile Agreements. The commercial availability provision manner. On March 15, 2005, CITA and [FR Doc.05–10742 Filed 5–25–05; 2:08 pm] of the CBTPA provides for duty-free and USTR submitted a report to the quota-free treatment for apparel articles Congressional Committees that set forth BILLING CODE 3510–DS–S that are both cut (or knit-to-shape) and the action proposed, the reasons for sewn or otherwise assembled in one or such action, and advice obtained. A more beneficiary countries from fabric period of 60 calendar days since this or yarn that is not formed in the United report was submitted has expired, as States if it has been determined that required by the CBTPA.

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CITA hereby designates chief weight notice of proposed rulemaking or notice Infrastructure Project,’’ for up to $18 cotton sweaters that are both cut and of proposed rulemaking concerning the billion total, but no more than 80 sewn or otherwise assembled in one or loan guarantee provisions of the ‘‘Alaska percent of the capital costs of a project. more eligible beneficiary CBTPA Natural Gas Pipeline Act.’’ The Act Section 114 of Title I of Division J of the beneficiary country, from knit fabrics authorizes the Secretary of Energy Consolidated Appropriations Act, 2005 formed in the United States or a (Secretary) to issue Federal loan (Pub. L. 108–447) amended section 116 beneficiary CBTPA country, from the guarantees to facilitate the construction of the Act to add authority for the yarns specified below, as eligible to of a pipeline or liquefied natural gas Secretary to enter into LGAs with an enter free of quotas and duties under project to bring natural gas from the entity the Secretary determines is HTSUS subheading 9820.11.27, Alaska North Slope to the continental qualified to construct and operate an provided all other yarns used in the United States. LNG project to transport LNG from referenced apparel articles are U.S. DATES: Interested persons must submit ‘‘Southcentral Alaska to West Coast formed and all other fabrics used in the written comments by July 26, 2005. States.’’ The Act also authorizes the referenced apparel articles are U.S. Comments may be mailed to the address Secretary to issue loan guarantee formed from yarns wholly formed in the given in the ADDRESSES section below. regulations. The definition of ‘‘qualified United States, subject to the special Comments also may be submitted lender’’ in the Act does not include the rules for findings and trimmings, certain electronically by e-mailing them to: Federal Financing Bank. interlinings and de minimis fibers and [email protected]. We note that e- Questions for Public Comment yarns under section 211(vii) of the mail submissions will avoid delay DOE may issue regulations CBTPA, and that such articles are currently associated with security implementing the Act’s loan guarantee imported directly into the customs screening of U.S. Postal Service mail. territory of the United States from an authority and is currently analyzing this ADDRESSES: Office of the General authority in the context of the Act’s eligible CBTPA beneficiary country. The Counsel, GC–72, Attention: Lawrence R. knit fabric used in the chief weight other provisions. Since the Act is silent Oliver, U.S. Department of Energy, on many of the customary loan cotton sweaters is made from colored, Forrestal Building, Room 6B–256, 1000 open-end spun yarns, ranging in size guarantee requirements, DOE is Independence Avenue, SW., considering the development and from 6/1 to 18/1 English count (10.16/ Washington, DC 20585. DOE requires, in 1 to 30.47/1 metric) of a blend of issuance of regulations that would hard copy, a signed original and three establish certain minimum requirements reclaimed and reprocessed cotton and copies of all comments. or terms for such LGAs. In an effort to not less than 35 percent nor more than FOR FURTHER INFORMATION CONTACT: identify issues potentially affecting 49 percent by weight of Outlast licensed Lawrence R. Oliver, Esq., Assistant implementation of the loan guarantee phase change acrylic staple fibers, General Counsel, U.S. Department of authority, DOE invites interested produced under license from Outlast, Energy, Office of the General Counsel, members of the public, including classified in HTSUS subheadings GC–72, 1000 Independence Avenue, lending and other financial institutions, 5206.11.0000 and 5206.12.0000. SW., Washington, DC 20585, (202) 586– potential project sponsors, and An ‘‘eligible CBTPA beneficiary 9507, [email protected]. individuals to comment, in writing, on country’’ means a country which the SUPPLEMENTARY INFORMATION: the following questions and to provide President has designated as a CBTPA DOE with other information or analyses Background beneficiary country under section potentially relevant to the development 213(b)(5)(B) of the CBERA (19 U.S.C. On October 13, 2004, the ‘‘Alaska of loan guarantee regulations and the 2703(b)(5)(B)), and which has been the Natural Gas Pipeline Act,’’ Division C of implementation of the loan guarantee subject of a finding, published in the Pub. L. 108–324 (the ‘‘Act’’), was provisions in the Act. Federal Register, that the country has enacted as part of the Military 1. Conditional Commitment. Section satisfied the requirements of section Construction Appropriations and 116(a)(3) of the Act provides that ‘‘[t]he 213(b)(4)(A)(ii) of the CBERA (19 U.S.C. Emergency Hurricane Supplemental authority of the Secretary to issue 2703(b)(4)(A)(ii)), and resulting in the Appropriations Act, 2005. The Act, as Federal guarantee instruments under enumeration of such country in U.S. amended, generally is intended to this section for a qualified infrastructure note 1 to subchapter XX of Chapter 98 expedite regulatory consideration, project shall expire on the date that is of the HTSUS. approval and construction of a pipeline 2 years after the date on which the final James C. Leonard III, or liquefied natural gas (LNG) project certificate of public convenience and Chairman, Committee for the Implementation that would be used to transport Alaska necessity (including any Canadian of Textile Agreements. North Slope natural gas to the certificates of public convenience and [FR Doc. E5–2706 Filed 5–26–05; 8:45 am] continental United States, and provide necessity) is issued for the project.’’ financial incentives in the form of Section 116(b)(1) of the Act provides BILLING CODE 3510–DS–S Federal loan guarantees for construction that ‘‘[t]he Secretary may issue a Federal of such a pipeline or project. guarantee instrument for a qualified Section 116 of the Act authorizes the infrastructure project only after a DEPARTMENT OF ENERGY Secretary to enter into Federal loan certificate of public convenience and Alaska Natural Gas Pipeline Loan guarantee agreements (LGAs) for a necessity * * * has been issued for the Guarantee ‘‘Qualified Infrastructure Project’’ (1) project, or after the Secretary certifies with one or more holders of a final there exists a qualified entity to AGENCY: Department of Energy. certificate issued by the Federal Energy construct and operate a liquefied natural ACTION: Notice of inquiry. Regulatory Commission (FERC) under gas project to transport liquefied natural either section 103(b) of the Act or gas from Southcentral Alaska to West SUMMARY: The Department of Energy section 9 of the Alaska Natural Gas Coast States.’’ (DOE) is seeking comments and Transportation Act of 1976 (15 U.S.C. Under these provisions the Secretary information from the public to assist 719g), and (2) with one or more owners may not enter into an LGA (a negotiated DOE in developing a possible advance of the Canadian portion of a ‘‘Qualified document which sets forth in writing

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the terms and conditions that must be than the usual project financing part, that ‘‘[t]he term of any loan met before the Secretary will issue the requirements, that are unique to guarantee under this section shall not loan guarantees) until a certificate of construction of a natural gas pipeline or exceed 30 years.’’ DOE requests public convenience and necessity has LNG facility, should be included in the comments on whether the calculation of been issued by FERC or the Secretary regulations and whether the regulations the maximum loan guarantee ‘‘term’’, has issued an appropriate certification should include requirements for such for purposes of this provision, should in the case of an LNG project. DOE is unique terms and conditions in the commence with the first construction considering whether it can or should LGAs. loan borrowing and include the sum of 4. Lender Risk. Section 116(g)(3) of negotiate a conditional commitment both the construction period and long- the Act provides that ‘‘the term ‘Federal with one or more potential project term debt period. sponsors prior to the time that a final guarantee instrument’ means any certificate is issued by FERC or the guarantee or other pledge by the 8. Collateral/Recourse/Default. The Secretary issues the required Secretary to pledge the full faith and Act is silent with regard to requirements certifications with respect to an LNG credit of the United States to pay all of and procedures relating to collateral for project. A conditional commitment the principal and interest on any loan or the Federally guaranteed debt. What would, after the terms and conditions other debt obligation entered into by a recourse or options should the Secretary specified therein have been satisfied, holder of a certificate of public have in the event of a default. For lead to the execution of an LGA after the convenience and necessity.’’ DOE instance, should security other than the required subsequent conditions occur. requests comments on whether this project assets be pledged to secure the DOE is requesting comments on provision precludes any ‘‘lender risk’’ guarantee, credit and related agreements potential advantages and disadvantages on the project debt that receives a and should DOE have a first lien on all of this approach including whether it Federal guarantee and also the potential project assets? DOE requests comments would expedite the loan guarantee impact of 100 percent guaranteed debt on what should be included in any on project evaluation and servicing application process and at what point in regulations, should DOE decide to requirements. the certificate application and/or project promulgate regulations, regarding consideration process the loan 5. Guarantee Fee. DOE is considering collateral requirements, recourse and guarantee application and/or the imposition of a loan guarantee fee negotiation process with DOE should on the portion of the loan that is default procedures. begin. guaranteed by DOE. DOE requests 9. Cost Overruns. The Act is silent on 2. Determinations and Findings by the comments on how the amount of any how LGAs might address cost overruns Secretary. DOE is considering the loan guarantee fee should be determined on a Qualified Infrastructure Project, or desirability of requiring by rule the and whether the fee should be an how a debt instrument guaranteed following findings and determinations origination or an annual fee. pursuant to an LGA might be used to as conditions for approval of an 6. Equity Funding Commitment. fund cost overruns. The Act, therefore, application for loan guarantees for a Section 116(c)(1) provides that ‘‘[t]he provides no guidance on whether cost ‘‘Qualified Infrastructure Project’’: (A) amount of loans and other debt overruns can or should be funded obligations guaranteed under this That the applicant has received a final through the authorized guaranteed debt, section for a qualified infrastructure certificate from FERC or, with respect to other debt, equity or some combination. an LNG project, that the Secretary has project shall not exceed 80 percent of DOE is requesting comments on how made a determination that the entity the total capital costs of the project, cost overruns can or should be funded applying for loan guarantees is qualified including interest during construction.’’ to construct and operate a liquefied Section 116(b)(3) provides that ‘‘[t]he and the appropriate mechanism or natural gas project ‘‘to transport Secretary shall not require as a formula for addressing cost overruns in liquefied natural gas from Southcentral condition of issuing a Federal guarantee the LGAs and any appropriate Alaska to West Coast States’’; (B) That instrument under this section any regulations. the project submitted for approval is a contractual commitment or other form 10. Monitoring and Reporting ‘‘Qualified Infrastructure Project’’ as of credit support of the sponsors (other Requirements. DOE is requesting defined in section 116(g)(4) of the Act; than equity contribution commitments comments on appropriate required (C) That there is a reasonable assurance and completion guarantees).’’ These reporting to DOE to assist DOE in its of repayment of the guaranteed debt; (D) provisions may be interpreted as in monitoring responsibilities including That the guaranteed loan funds and the effect requiring the project sponsor to the content and timing of such reporting make at least a twenty (20) percent equity contribution of the project generally, whether reports should equity contribution to the project. At the sponsors will be sufficient to complete address the status of loan disbursement time of the execution of the LGA and the construction and start-up of the requests, whether loan repayment status ‘‘Qualified Infrastructure Project’’ and related documents DOE must be reports should be required, and the fund any cost overruns; and (E) That the satisfied that necessary equity terms and conditions of the LGA contributions can and will be made timing and content of construction provide adequate terms and security to during the construction and startup status reports and other appropriate appropriately protect the financial phase of the project consistent with an information submissions from the interests of the United States established equity contribution project sponsors. Government. DOE is requesting schedule. DOE requests comments as to Dated: May 23, 2005. comments on what determinations and/ what type and form of assurance DOE Mark R. Maddox, or findings the Secretary should make should require from the project sponsors Principal Deputy Assistant Secretary for to assure that the scheduled equity prior to approving an LGA for one or Fossil Energy. more parts of a ‘‘Qualified Infrastructure contributions to the project will be Project.’’ available and will be made when [FR Doc. 05–10629 Filed 5–26–05; 8:45 am] 3. Special Terms and Conditions. needed. BILLING CODE 6450–01–P DOE is also requesting comments on 7. Thirty year loan guarantee term. what other terms and conditions, other Section 116(d)(1) of the Act provides, in

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DEPARTMENT OF ENERGY copying within 30 days at the Freedom Commission’s Rules of Practice and of Information Public Reading Room; Procedure (18 CFR 385.214 or 385.211) Office of Science Room 1E–190; Forrestal Building; 1000 and the Regulations under the NGA (18 Independence Avenue, SW., CFR 157.10). A person obtaining party DOE/NSF Nuclear Science Advisory Washington, DC, between 9 a.m. and 4 status will be placed on the service list Committee p.m., Monday through Friday, except maintained by the Secretary of the AGENCY: Department of Energy. Federal holidays. Commission and will receive copies of ACTION: Notice of open meeting. Issued at Washington, DC on May 23, 2005. all documents filed by the applicant and R. Samuel, by all other parties. A party must submit SUMMARY: 14 copies of filings made with the This notice announces a Deputy Advisory Committee Management meeting of the DOE/NSF Nuclear Officer. Commission and must mail a copy to the applicant and to every other party in Science Advisory Committee (NSAC). [FR Doc. 05–10630 Filed 5–26–05; 8:45 am] Federal Advisory Committee Act (Pub. the proceeding. Only parties to the L. 92–463, 86 Stat. 770) requires that BILLING CODE 6450–01–P proceeding can ask for court review of public notice of these meetings be Commission orders in the proceeding. announced in the Federal Register. However, a person does not have to DEPARTMENT OF ENERGY DATES: Wednesday, June 15, 2005; 8:30 intervene in order to have comments a.m. to 5 p.m. Federal Energy Regulatory considered. The second way to ADDRESSES: Marriott Crystal Gateway, Commission participate is by filing with the 1700 Jefferson Davis Highway, Secretary of the Commission, as soon as [Docket No. CP05–353–000] Arlington, VA 22202. possible, an original and two copies of comments in support of or in opposition FOR FURTHER INFORMATION CONTACT: El Paso Natural Gas Company; Notice to this project. The Commission will Brenda L. May, U.S. Department of of Application Energy; SC–26/Germantown Building, consider these comments in 1000 Independence Avenue, SW., May 19, 2005. determining the appropriate action to be Washington, DC 20585–1290; Take notice that El Paso Natural Gas taken, but the filing of a comment alone Telephone: 301–903–0536. Company (El Paso), Post Office Box will not serve to make the filer a party to the proceeding. The Commission’s SUPPLEMENTARY INFORMATION: 1087, Colorado Springs, Colorado, rules require that persons filing Purpose of Meeting: To provide 80944, filed in Docket No. CP05–353– comments in opposition to the project advice and guidance on a continuing 000 on May 16, 2005, an application provide copies of their protests only to basis to the Department of Energy and pursuant to section 7(b) of the Natural the party or parties directly involved in the National Science Foundation on Gas Act (NGA), for authorization to the protest. scientific priorities within the field of abandon, in place, its Benson basic nuclear science research. Compressor Station facilities, with Persons who wish to comment only Tentative Agenda: Agenda will appurtenances, located in Cochise on the environmental review of this include discussions of the following: County, Arizona. El Paso states that this project should submit an original and station which has approximately 13,340 two copies of their comments to the Wednesday, June 15, 2005 horsepower has become functionally Secretary of the Commission. • Reports from Department of Energy obsolete and is no longer required for Environmental commenters will be and National Science Foundation natural gas service, all as more fully set placed on the Commission’s • Perspectives from Department of forth in the application which is on file environmental mailing list, will receive Energy and National Science with the Commission and open to copies of the environmental documents, Foundation public inspection. This filing may be and will be notified of meetings • Presentation of the Implementation also viewed on the Web at http:// associated with the Commission’s of the 2002 Long Range Plan www.ferc.gov using the ‘‘eLibrary’’ link. environmental review process. Subcommittee Report Enter the docket number excluding the Environmental commenters will not be • Public Comment (10-minute rule) last three digits in the docket number required to serve copies of filed Public Participation: The meeting is field to access the document. For documents on all other parties. open to the public. If you would like to assistance, call (202) 502–8659 or TTY, However, the non-party commenters file a written statement with the (202) 208–3676. will not receive copies of all documents Committee, you may do so either before Any questions regarding this filed by other parties or issued by the or after the meeting. If you would like application should be directed to Commission (except for the mailing of to make oral statements regarding any of Richard Derryberry, Director, Regulatory environmental documents issued by the these items on the agenda, you should Affairs, El Paso Natural Gas Company, Commission) and will not have the right contact Brenda L. May, 301–903–0536 P.O. Box 1087, Colorado Springs, to seek court review of the or [email protected] (e- Colorado, 80944, at (719) 520–3782 or Commission’s final order. mail). You must make your request for facsimile at (719) 667–7534. Comments, protests and interventions an oral statement at least 5 business There are two ways to become may be filed electronically via the days before the meeting. Reasonable involved in the Commission’s review of Internet in lieu of paper. See 18 CFR provision will be made to include the this project. First, any person wishing to 385.2001(a)(1)(iii) and the instructions scheduled oral statements on the obtain legal status by becoming a party on the Commission’s Web site under the agenda. The Chairperson of the to the proceedings for this project ‘‘e-Filing’’ link. Committee will conduct the meeting to should, on or before the comment date Comment Date: June 9, 2005. facilitate the orderly conduct of stated below, file with the Federal business. Public comment will follow Energy Regulatory Commission, 888 Magalie R. Salas, the 10-minute rule. First Street, NE., Washington, DC 20426, Secretary. Minutes: The minutes of the meeting a motion to intervene in accordance [FR Doc. E5–2704 Filed 5–26–05; 8:45 am] will be available for public review and with the requirements of the BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY 20426. The Order may also be viewed Notice is hereby given that the on the Commission’s Web site at deadline for filing motions to intervene Federal Energy Regulatory http://www.ferc.gov, using the eLibrary or protest is June 16, 2005. Commission link. Enter the docket number excluding Absent a request to be heard in [Docket Nos. ER05–714–000 and ER05–714– the last three digits in the docket opposition by the deadline above, 001] number filed to access the document. Applicants are authorized to issue Comments, protests, and interventions securities and assume obligations or Gexa Energy LLC; Notice of Issuance may be filed electronically via the liabilities as a guarantor, indorser, of Order Internet in lieu of paper. See 18 CFR surety, or otherwise in respect of any 385.2001(a)(1)(iii) and the instructions security of another person; provided May 19, 2005. on the Commission’s Web site under the that such issuance or assumption is for Gexa Energy LLC (Gexa) filed an ‘‘e-Filing’’ link. The Commission some lawful object within the corporate application for market-based rate strongly encourages electronic filings. purposes of Applicants, compatible authority, with an accompanying rate with the public interest, and is schedule. The proposed rate schedule Magalie R. Salas, reasonably necessary or appropriate for provides for the sales of capacity and Secretary. such purposes. energy at market-based rates. Gexa also [FR Doc. E5–2700 Filed 5–26–05; 8:45 am] The Commission reserves the right to requested waiver of various Commission BILLING CODE 6717–01–P require a further showing that neither regulations. In particular, Gexa public nor private interests will be requested that the Commission grant adversely affected by continued blanket approval under 18 CFR part 34 DEPARTMENT OF ENERGY approval of Applicants issuances of of all future issuances of securities and securities or assumptions of liability. assumptions of liability by Gexa. Federal Energy Regulatory Copies of the full text of the Director’s On May 18, 2005, pursuant to Commission Order are available from the delegated authority, the Director, [Docket Nos. ER05–679–000, ER05–698– Commission’s Public Reference Room, Division of Tariffs and Market 001, and ER05–787–000] 888 First Street, NE., Washington, DC Development—South, granted the 20426. The Order may also be viewed request for blanket approval under part Gulf States Wholesale Equity Partners, on the Commission’s Web site at http:/ 34. The Director’s order also stated that LP, Gulf States Wholesale Equity /www.ferc.gov, using the eLibrary link. the Commission would publish a Partners II, LP; Notice of Issuance of Enter the docket number excluding the separate notice in the Federal Register Order last three digits in the docket number establishing a period of time for the May 19, 2005. filed to access the document. filing of protests. Accordingly, any Comments, protests, and interventions person desiring to be heard or to protest Gulf States Wholesale Equity Partners, LP and Gulf States Wholesale Equity may be filed electronically via the the blanket approval of issuances of Internet in lieu of paper. See 18 CFR securities or assumptions of liability by Partners II, LP (together, Applicants) filed an application for market-based 385.2001(a)(1)(iii) and the instructions Gexa should file a motion to intervene on the Commission’s Web site under the or protest with the Federal Energy rate authority, with an accompanying rate tariffs. The proposed rate tariffs ‘‘e-Filing’’ link. The Commission Regulatory Commission, 888 First strongly encourages electronic filings. Street, NE., Washington, DC 20426, in provide for the sales of capacity and accordance with Rules 211 and 214 of energy at market-based rates. Applicants Magalie R. Salas, the Commission’s Rules of Practice and also requested waiver of various Secretary. Procedure. 18 CFR 385.211, 385.214 Commission regulations. In particular, [FR Doc. E5–2699 Filed 5–26–05; 8:45 am] (2004). Applicants requested that the BILLING CODE 6717–01–P Notice is hereby given that the Commission grant blanket approval deadline for filing motions to intervene under 18 CFR part 34 of all future or protest is June 17, 2005. issuances of securities and assumptions DEPARTMENT OF ENERGY Absent a request to be heard in of liability by Applicants. opposition by the deadline above, Gexa On May 17, 2005, pursuant to Federal Energy Regulatory are authorized to issue securities and delegated authority, the Director, Commission Division of Tariffs and Market assume obligations or liabilities as a [Docket No. ER05–836–001, et al.] guarantor, indorser, surety, or otherwise Development—South, granted the in respect of any security of another request for blanket approval under Part American Electric Power Service person; provided that such issuance or 34. The Director’s order also stated that Corporation, et al.; Electric Rate and assumption is for some lawful object the Commission would publish a Corporate Filings within the corporate purposes of Gexa, separate notice in the Federal Register compatible with the public interest, and establishing a period of time for the May 18, 2005. is reasonably necessary or appropriate filing of protests. Accordingly, any The following filings have been made for such purposes. person desiring to be heard or to protest with the Commission. The filings are The Commission reserves the right to the blanket approval of issuances of listed in ascending order within each require a further showing that neither securities or assumptions of liability by docket classification. Applicants should file a motion to public nor private interests will be 1. American Electric Power Service intervene or protest with the Federal adversely affected by continued Corporation approval of Gexa’s issuances of Energy Regulatory Commission, 888 securities or assumptions of liability. First Street, NE., Washington, DC 20426, [Docket No. ER05–836–001] Copies of the full text of the Director’s in accordance with Rules 211 and 214 Take notice that on May 2, 2005 Order are available from the of the Commission’s Rules of Practice American Electric Power Service Commission’s Public Reference Room, and Procedure. 18 CFR 385.211, 385.214 Corporation, (AEP), on behalf of Public 888 First Street, NE., Washington, DC (2004). Service Company of Oklahoma,

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submitted an amendment to its April 15, document is added to a subscribed Rosita Energy, B.V. (La Rosita), InterGen 2005 filing of a Construction Agreement docket(s). For assistance with any FERC Aztec Energy III B.V. (InterGen Aztec) between AEP and Blue Canyon Online service, please e-mail and Ocean Star V.O.F. (collectively, the Windpower II, LLC. [email protected], or call Applicants) submitted an application Comment Date: 5 p.m. eastern time of (866) 208–3676 (toll free). For TTY, call pursuant to section 203 of the Federal May 25, 2005. (202) 502–8659. Power Act for authorization of an indirect disposition of jurisdictional 2. Virginia Electric and Power Linda Mitry, Company facilities. The Applicants state that the Deputy Secretary. proposed indirect disposition of [Docket No. ER05–885–000] [FR Doc. E5–2693 Filed 5–26–05; 8:45 am] jurisdictional facilities will occur in Take notice that on April 28, 2005, BILLING CODE 6717–01–P connection with the sale by Shell Virginia Electric and Power Company, Generating (Holding) B.V. and Bechtel (Dominion Virginia Power) submitted Enterprises Energy B.V. to Ocean Star amendments to its Generator DEPARTMENT OF ENERGY V.O.F. of all of their interests in Interconnection and Operating InterGen N.V. InterGen N.V. indirectly Federal Energy Regulatory Agreements with Industrial Power owns all of the equity interests of BCP, Commission Generating Corporation. La Rosita and InterGen Aztec, which Comment Date: 5 p.m. eastern time on [Docket No. EC05–70–000, et al.] own and operate a six mile electric May 27, 2005. transmission line interconnecting Neptune Regional Transmission 3. Southwest Power Pool, Inc. certain generating facilities in Mexico System, LLC, et al.; Electric Rate and with the San Diego Gas and Electric [Docket Nos. RT04–1–011 and ER04–48–011] Corporate Filings transmission grid. Take notice that on May 13, 2005, Comment Date: 5 p.m. Eastern Time Southwest Power Pool, Inc. (SPP) May 19, 2005. on June 8, 2005. submitted a compliance filing pursuant The following filings have been made 3. Klondike Wind Power LLC and to the Commission’s order issued with the Commission. The filings are Klondike Wind Power II LLC February 11, 2005, in Docket Nos. listed in ascending order within each RT04–1–005 and ER04–48–005, 110 docket classification. [Docket No. EC05–82–000] FERC ¶ 61,137. 1. Neptune Regional Transmission Take notice that on May 17, 2005, Comment Date: 5 p.m. eastern time on System, LLC; Atlantic Energy Partners Klondike Wind Power LLC (Klondike I) June 3, 2005. LLC; NewCo LLC; EIF Neptune, LLC; and Klondike Wind Power II LLC Standard Paragraph Starwood Energy Investors, L.L.C. (Klondike II) (collectively, Applicants) filed with the Federal Energy Regulatory Any person desiring to intervene or to [Docket Nos. EC05–70–000 and EL05–116– Commission an application pursuant to 000] protest this filing must file in section 203 of the Federal Power Act accordance with Rules 211 and 214 of On April 22, 2005, the Commission and Part 33 of the Commission’s the Commission’s Rules of Practice and issued a Notice of Filing (Filing) regulations for authorization of a change Procedure (18 CFR 385.211 and regarding the application filed on April in ownership of jurisdictional facilities. 385.214). Protests will be considered by 18, 2005 by Neptune Regional Applicants states that they seek the Commission in determining the Transmission System, LLC (Neptune) on Commission authorization to complete a appropriate action to be taken, but will behalf of Atlantic Energy Partners LLC proposed transaction relating to certain not serve to make protestants parties to (AEP), NewCo LLC (NewCo), EIF jurisdictional interconnection facilities the proceeding. Any person wishing to Neptune, LLC (EIF) and Starwood located in Sherman County, Oregon. become a party must file a notice of Energy Investors L.L.C. (Starwood) Comment Date: 5 p.m. Eastern Time intervention or motion to intervene, as (collectively with Neptune, the on June 8, 2005. appropriate. Such notices, motions, or Applicants) on April 18, 2005, protests must be filed on or before the requesting all necessary authorizations 4. California Independent System comment date. Anyone filing a motion under section 203 of the Federal Power Operator Corporation to intervene or protest must serve a copy Act, for a transfer of jurisdictional [Docket No. EL05–114–000] of that document on the Applicant and facilities to facilitate financing and Take notice that on May 13, 2005, the all parties to this proceeding. investment arrangements and for a California Independent System Operator The Commission encourages Commission determination that AEP, Corporation (CAISO) tendered for filing electronic submission of protests and EIF and Starwood are not public a Petition requesting that the interventions in lieu of paper using the utilities under the Federal Power Act. Commission issue a Declaratory Order ‘‘eFiling’’ link at http://www.ferc.gov. The Commission has determined that finding that changes to the selection Persons unable to file electronically Docket No. EL05–116–000 should be process for the CAISO Board of should submit an original and 14 copies assigned to the April 18, 2005 filing. Governors (Board) recently adopted by of the protest or intervention to the Accordingly, by this notice Docket No. the Board result in a CAISO governance Federal Energy Regulatory Commission, EL05–116–000 is added to the caption structure that is acceptable to the 888 First Street, NE., Washington, DC of the April 22, 2005 Notice. Commission. 20426. Comment Date: 5 p.m. Eastern Time The CAISO states that this filing has This filing is accessible on-line at on May 27, 2005–05–21. been served upon the Public Utilities http://www.ferc.gov, using the 2. Baja California Power, Inc.; La Rosita Commission, the California Energy ‘‘eLibrary’’ link and is available for Energy, B.V.; InterGen Aztec Energy III Commission, the California Electricity review in the Commission’s Public B.V.; Ocean Star V.O.F. Oversight Board, and all parties with Reference Room in Washington, DC. effective Scheduling Coordinator There is an ‘‘eSubscription’’ link on the [Docket No. EC05–81–000] Agreements under the CAISO Tariff. Web site that enables subscribers to Take notice that on May 17, 2005, Comment Date: 5 p.m. on May 31, receive e-mail notification when a Baja California Power, Inc. (BCP), La 2005.

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5. PTO Administrative Committee Washington, DC. There is an recent execution (and receipt of [Docket Nos. RT04–2–015 and ER04–116– eSubscription link on the web site that regulatory and bankruptcy court 015] enables subscribers to receive email approval) of a power purchase contract notification when a document is added Take notice that on May 12, 2005, (the Second Wraparound Agreement) to a subscribed docket(s). For Assistance PTO Administrative Committee (PTO with Mirant Corporation and its with any FERC Online service, please AC), an informational filing was made affiliates. email [email protected] or by the New England Participating Comment Date: 5 p.m. June 6, 2005. call (866) 208–3676 (toll free). For TTY, Transmission Owners Administrative call (202) 502–8659. Committee updating informational 4. Bellows Falls Power Company, LLC filings related to regional transmission Linda Mitry, [Docket No. EG05–57–00] charges previously submitted by the Deputy Secretary. New England Power Pool (NEPOOL) on Take notice that on May 19, 2005, [FR Doc. E5–2694 Filed 5–26–05; 8:45 am] Bellows Falls Power Company, LLC December 9, 2004 under the NEPOOL BILLING CODE 6717–01–P Open Access Transmission Tariff. The (BFPC or Applicant) filed an PTO AC states that the informational amendment to its April 4, 2005, filing identifies adjustments to regional DEPARTMENT OF ENERGY application for a determination of transmission service charges under exempt wholesale generator status section II of the ISO New England Inc. Federal Energy Regulatory pursuant to section 365.5 of the Transmission Markets and Services Commission Commission’s regulations, 18 CFR 365.5 Tariff, designated FERC Electric Tariff [Docket No. EC05–83–000, et al.] (2004). No. 3 (ISO Tariff) permitted by the BFPC is a Delaware limited liability Commission to become effective as of Worthington Generation, LLC, et al.; company that will lease and operate the February 1, 2005. Electric Rate and Corporate Filings Bellows Falls Hydroelectric Project from The PTO AC states that copies of the Town of Rockingham, Vermont. these materials were sent to the New May 20, 2005. England state regulatory commissions, The following filings have been made Comment Date: 5 p.m. June 10, 2005. with the Commission. The filings are NECPUC, the Power Planning 5. Midwest Independent Transmission listed in ascending order within each Committee of the New England System Operator, Inc., Public Utilities docket classification. Governors, ISO New England, Inc., and With Grandfathered Agreements in the NEPOOL. 1. Worthington Generation, LLC Midwest ISO Region Comment Date: 5 p.m. Eastern Time on June 2, 2005. [Docket No. EC05–83–000] [Docket Nos. ER04–691–039, ER04–106–009, Take notice that on May 18, 2005, and EL04–104–037] Standard Paragraph Worthington Generation, LLC Take notice that on May 16, 2005, the Any person desiring to intervene or to (Worthington) submitted an application Midwest Independent Transmission protest this filing must file in pursuant to section 203 of the Federal accordance with Rules 211 and 214 of Power Act for authorization of a system Operator, Inc. (Midwest ISO) the Commission’s Rules of Practice and disposition of jurisdictional facilities submitted revisions to its open access Procedure (18 CFR 385.211 and whereby Worthington, a wholly owned transmission and energy tariff pursuant 385.214). Protests will be considered by subsidiary of Hoosier Energy Rural the Commission’s order issued April 15, the Commission in determining the Electric Cooperative, Inc. (Hoosier), 2005.1 The Midwest ISO requests an appropriate action to be taken, but will proposes to transfer title to certain effective date of April 1, 2005. not serve to make protestants parties to generator step-up transformers to The Midwest ISO states that it has the proceeding. Any person wishing to Hoosier without consideration. electronically served a copy of this become a party must file a notice of Comment Date: June 8, 2005. filing, with attachments, upon all intervention or motion to intervene, as 2. Deer Park Energy Center Limited Midwest ISO Tariff Customers, Midwest appropriate. Such notices, motions, or Partnership ISO Members, Member representatives protests must be filed on or before the of Transmission Owners and Non- [Docket No. EG05–55–000] comment date. Anyone filing a motion Transmission Owners, the Midwest ISO to intervene or protest must serve a copy Take notice that on May 2, 2005, Deer Advisory Committee participants, as of that document on the Applicant and Park Energy Center Limited Partnership well as all state commissions within the all parties to this proceeding. (Applicant) filed with the Commission region. In addition, the Midwest ISO The Commission encourages an amendment to its application for also states that the filing has been electronic submission of protests and determination of exempt wholesale interventions in lieu of paper using the generator status pursuant to Part 365 of posted electronically on the Midwest ‘‘eFiling’’ link at http://www.ferc.gov. the Commission’s regulations. ISO’s Web site at http:// Persons unable to file electronically Applicant states that copies of the www.midwestiso.org under the heading should submit an original and 14 copies amendment were served upon the U.S. ‘‘Filings to FERC’’ for other interested of the protest or intervention to the Securities and Exchange Commission parties in this matter. The Midwest ISO Federal Energy Regulatory Commission, and Public Utility Commission of Texas. will provide hard copies to any 888 First Street, NE., Washington, DC Comment Date: 5 p.m. June 3, 2005. interested parties upon request. 20426. 3. Pacific Gas & Electric Company Comment Date: 5 p.m. June 6, 2005. The filings in the above proceedings are accessible in the Commission’s [Docket No. ER03–198–003] eLibrary system by clicking on the Take notice that on May 16, 2005, appropriate link in the above list. They Pacific Gas & Electric Company (PG&E) are also available for review in the submitted notification of a change in 1 Midwest Independent Transmission System Commission’s Public Reference Room in status due to Pacific Gas & Electric’s Operator, Inc., et al., 111 FERC ¶ 61,042 (2005).

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6. Midwest Independent Transmission heading ‘‘Filings to FERC’’ for other of that document on the Applicant. In System Operator, Inc. Public Utilities interested parties in this matter. The reference to filings initiating a new With Grandfathered Agreements In the Parties also state that the copies of this proceeding, interventions or protests Midwest ISO Region filing were also served upon all MAPP submitted on or before the comment members, and each state electric utility [Docket No. ER04–691–040 and EL04–104– deadline need not be served on persons 038] regulatory commission in the MAPP other than the Applicant. region. Take notice that on May 16, 2005, the The Commission encourages Comment date: 5 p.m. on June 6, electronic submission of protests and Midwest Independent Transmission 2005. System Operator, Inc. (Midwest ISO) interventions in lieu of paper, using the submitted an informational filing in 8. American Electric Power Service FERC Online links at http:// compliance with the Commission’s Corporation www.ferc.gov. To facilitate electronic service, persons with Internet access March 16, 2005, order in this [Docket Nos. ER05–31–003 and EL05–70– proceeding, Midwest Independent who will eFile a document and/or be 003] listed as a contact for an intervenor Transmission System Operator, Inc., Take notice that on May 10, 2005, 110 FERC ¶ 61,289 (2005). must create and validate an American Electric Power Service eRegistration account using the The Midwest ISO states that it has Corporation, (AEPSC) on behalf of the served a copy of this filing eRegistration link. Select the eFiling AEP operating companies in its East line to log on and submit the electronically, including attachments, Zone, (namely Appalachian Power upon all Tariff Customers under the intervention or protests. Company, Columbus Southern Power Persons unable to file electronically Energy Markets Tariff, Midwest ISO Company, Indiana Michigan Power members, Member representatives of should submit an original and 14 copies Company, Kentucky Power Company, of the intervention or protest to the Transmission Owners and Non- Kingsport Power Company, Ohio Power Transmission Owners, the Midwest ISO Federal Energy Regulatory Commission, Company, and Wheeling Power 888 First Street, NE., Washington, DC Advisory Committee participants, as Company), submitted a compliance well as all state commissions within the 20426. filing pursuant to the Commission’s The filings in the above proceedings Region. In addition, the Midwest ISO order issued March 9, 2005, in Docket states that the filing has been are accessible in the Commission’s Nos. ER05–31–000, ER05–31–001 and eLibrary system by clicking on the electronically posted on the Midwest EL05–70–000, 110 FERC ¶ 61,276 ISO’s Web site at http:// appropriate link in the above list. They (2005). are also available for review in the www.midwestiso.org under the heading AEPSC states that copies of the filing Commission’s Public Reference Room in ‘‘Filings to FERC’’ for other interested were served on all parties on the official Washington, DC. There is an parties in this matter. The Midwest ISO service lists in these proceedings. eSubscription link on the Web site that indicates that it will provide hard Comment Date: 5 p.m. May 31, 2005. copies to any interested parties upon enables subscribers to receive e-mail request. 9. PJM Interconnection, L.L.C. notification when a document is added Comment Date: 5 p.m. June 6, 2005. [Docket No. ER05–697–001] to a subscribed docket(s). For Assistance Take notice that on May 13, 2005, with any FERC Online service, please e- 7. Midwest Independent Transmission mail [email protected] or System Operator, Inc., Public Utilities PJM Interconnection, L.L.C. (PJM), pursuant to the Commission’s call (866) 208–3676 (toll free). For TTY, With Grandfathered Agreements in the call (202) 502–8659. Midwest ISO Region Mid-Continent deficiency letter issued April 28, 2005, Area Power Pool submitted an amendment to its March Linda Mitry, 11, 2005, filing of revisions to Schedule Deputy Secretary. [Docket Nos. ER04–691–041, EL04–104–039, 2 of the PJM Open Access Transmission and ER04–960–005] [FR Doc. E5–2695 Filed 5–26–05; 8:45 am] Tariff. BILLING CODE 6717–01–P Take notice that on May 16, 2005, the PJM states that copies of this filing Midwest Independent Transmission have been served on all parties on the system Operator, Inc. (Midwest ISO) service list compiled by the Secretary in DEPARTMENT OF ENERGY and Mid-Continent Area Power Pool this proceeding. (MAPP) (jointly, the Parties), submitted Comment Date: 5 p.m. June 3, 2005. Federal Energy Regulatory for filing a revised seams operating Commission agreement between The Midwest Standard Paragraph Independent Transmission System Any person desiring to intervene or to Notice of Application for Change in Operator, Inc. and MAPPCOR. The protest in any of the above proceedings Land Rights and Non-Project Use of Parties request an effective date of must file in accordance with Rules 211 Project Lands and Soliciting March 1, 2005. and 214 of the Commission’s Rules of Comments, Motions To Intervene, and The Parties state that it has served a Practice and Procedure (18 CFR 385.211 Protests copy of this filing electronically, and 385.214) on or before 5 p.m. eastern including attachments, upon all Tariff time on the specified comment date. It May 19, 2005. Customers under the EMT, Midwest ISO is not necessary to separately intervene Take notice that the following Members, Member representatives of again in a subdocket related to a application has been filed with the Transmission Owners and Non- compliance filing if you have previously Commission and is available for public Transmission Owners, the Midwest ISO intervened in the same docket. Protests inspection: Advisory Committee participants, as will be considered by the Commission a. Application Type: Change in land well as all State commissions within the in determining the appropriate action to rights and non-project use of project region. In addition, the Parties state that be taken, but will not serve to make lands. the filing has been posted electronically protestants parties to the proceeding to b. Project No.: 2221–034. on the Midwest ISO’s Web site at the proceeding. Anyone filing a motion c. Date Filed: July 7, 2004 and http://www.midwestiso.org under the to intervene or protest must serve a copy supplemented on May 12, 2005.

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d. Applicant: Empire District Electric [email protected] or toll- PJM Interconnection, L.L.C. (PJM) Company. free at (866) 208–3676, or for TTY, region. The technical conference is e. Name of Project: Ozark Beach contact (202) 502–8659. intended to provide a forum through Hydroelectric Project. m. Individuals desiring to be included which Federal and State regulators and f. Location: The project is located on on the Commission’s mailing list should participants in the PJM market may the White River in Taney County, so indicate by writing to the Secretary come to a common understanding of the Missouri. of the Commission. current PJM capacity situation, the g. Filed Pursuant to: Federal Power n. Comments, Protests, or Motions to problems perceived in the market and Act, 16 U.S.C. 791(a)–825(r), 799 and Intervene—Anyone may submit 801. what deficiencies, if any, exist in the comments, a protest, or a motion to current PJM market construct that h. Applicant Contact: Mr. David intervene in accordance with the contribute to, or do not properly Gibson, 602 Joplin Street; P.O. Box 127; requirements of Rules of Practice and address, those perceived problems, and Joplin, MO 64802; (417) 625–5100. Procedure, 18 CFR 385.210, .211, .214. i. FERC Contact: Any questions on In determining the appropriate action to potential alternative solutions. this notice should be addressed to Isis take, the Commission will consider all The conference will be held from 9 Johnson at (202) 502–6346, or by e-mail: protests or other comments filed, but a.m. to 5 p.m. (e.d.t.) in the meeting [email protected]. only those who file a motion to room of the Federal Energy Regulatory j. Deadline for filing comments and or intervene in accordance with the Commission, 888 First St., NE., motions: June 10, 2005. All documents (original and eight Commission’s Rules may become a Washington, DC 20426. Members of the copies) should be filed with: Ms. party to the proceeding. Any comments, Federal Energy Regulatory Commission, Magalie R. Salas, Secretary, Federal protests, or motions to intervene must state public utilities commissions and Energy Regulatory Commission, 888 be received on or before the specified their respective staffs are expected to First Street, NE., Washington DC, 20426. comment date for the particular participate. The Commission will issue Please include the project number (P– application. a supplemental notice with the detailed o. Filing and Service of Responsive 2221–034) on any comments or motions agenda prior to the conference. Documents—Any filings must bear in filed. Comments, protests, and all capital letters the title The conference is open for the public interventions may be filed electronically ‘‘COMMENTS’’, to attend. Transcripts of the conference via the internet in lieu of paper. See, 18 ‘‘RECOMMENDATIONS FOR TERMS will be immediately available from Ace CFR 385.2001(a)(1)(iii) and the AND CONDITIONS’’, ‘‘PROTEST’’, or Reporting Company (202–347–3700 or instructions on the Commission’s web ‘‘MOTION TO INTERVENE’’, as 1–800–336–6646) for a fee. They will be site under the ‘‘e-Filing’’ link. The applicable, and the Project Number of available for the public on the Commission strongly encourages e- the particular application to which the Commission’s eLibrary system seven filings. calendar days after FERC receives the k. Description of Request: Empire filing refers. A copy of any motion to District Electric Company, licensee for intervene must also be served upon each transcript. Additionally, Capitol the Ozark Beach Hydroelectric Project, representative of the Applicant Connection offers the opportunity for has requested Commission approval to specified in the particular application. remote listening and viewing of the lease approximately 10 acres of project p. Agency Comments—Federal, state, conference. It is available for a fee, live lands to The City of Branson, Missouri and local agencies are invited to file over the Internet, by phone or via (City) for commercial and retail comments on the described satellite. Persons interested in receiving development. The property will be applications. A copy of the applications the broadcast or who need information leased in three separate parcels. The may be obtained by agencies directly on making arrangements should contact first parcel is 9.37 acres and located from the Applicant. If an agency does David Reininger or Julia Morelli at the south of Roark Creek. This area not file comments within the time Capitol Connection (703–993–3100) as presently includes a parking lot, public specified for filing comments, it will be soon as possible or visit the Capitol park and streets, and will remain the presumed to have no comments. One Connection Web site at http:// copy of an agency’s comments must also same with the exception that 3.5 acres www.capitolconnection.org and click on be sent to the Applicant’s of green space, tennis courts, and a ‘‘FERC.’’ representatives. pavilion will be converted into a FERC conferences are accessible parking lot. The second parcel is 0.43 Magalie R. Salas, under section 508 of the Rehabilitation acres of green space, tennis courts and Secretary. Act of 1973. For accessibility parking lot that will be converted to a [FR Doc. E5–2701 Filed 5–26–05; 8:45 am] accommodations please send an e-mail building site for retail merchants. The BILLING CODE 6717–01–P last parcel is a 0.59 acre strip of green to [email protected] or call toll free space that runs perpendicular to Lake 866–208–3372 (voice) or 202–208–1659 (TTY), or send a FAX to 202–208–2106 Taneycomo and will be used for DEPARTMENT OF ENERGY merchant building sites, streets and with the required accommodations. parking. Federal Energy Regulatory For additional information, please l. Location of the Application: This Commission contact Morris Margolis at (202) 502– filing is available for review at the [Docket No. PL05–7–000] 8611; [email protected], or Commission or may be viewed on the Sarah McKinley at (202) 502–8004; Commission’s Web site at http:// Capacity Markets in the PJM Region; [email protected]. www.ferc.gov, using the ‘‘eLibrary’’ link. Notice of Technical Conference Enter the docket number excluding the Magalie R. Salas, last three digits in the docket number May 19, 2005. Secretary. field to access the document. For A technical conference will be held [FR Doc. E5–2703 Filed 5–26–05; 8:45 am] assistance, contact FERC Online June 16, 2005, to discuss the capacity BILLING CODE 6717–01–P Support at market construct currently in use in the

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DEPARTMENT OF ENERGY associated with, but not a part of, the Exempt off-the-record decisional record of the proceeding. communications are included in the Federal Energy Regulatory Unless the Commission determines that decisional record of the proceeding, Commission the prohibited communication and any unless the communication was with a [Docket No. RM98–1–000] responses thereto should become a part cooperating agency as described by 40 of the decisional record, the prohibited CFR 1501.6, made under 18 CFR Records Governing Off-the Record off-the-record communication will not 385.2201(e)(1)(v). Communications; Public Notice be considered by the Commission in The following is a list of off-the- reaching its decision. Parties to a May 19, 2005. record communications recently proceeding may seek the opportunity to This constitutes notice, in accordance received in the Office of the Secretary. respond to any facts or contentions with 18 CFR 385.2201(b), of the receipt The communications listed are grouped of prohibited and exempt off-the-record made in a prohibited off-the-record by docket numbers in ascending order. communications. communication, and may request that These filings are available for review at Order No. 607 (64 FR 51222, the Commission place the prohibited the Commission in the Public Reference September 22, 1999) requires communication and responses thereto Room or may be viewed on the Commission decisional employees, who in the decisional record. The Commission’s Web site at http:// make or receive a prohibited or exempt Commission will grant such a request www.ferc.gov using the eLibrary off-the-record communication relevant only when it determines that fairness so (FERRIS) link. Enter the docket number, to the merits of a contested proceeding, requires. Any person identified below as excluding the last three digits, in the to deliver to the Secretary, a copy of the having made a prohibited off-the-record docket number field to access the communication, if written, or a communication shall serve the document. For assistance, please contact summary of the substance of any oral document on all parties listed on the FERC, Online Support at communication. official service list for the applicable [email protected] or toll Prohibited communications are proceeding in accordance with Rule free at (866)208–3676, or for TTY, included in a public, non-decisional file 2010, 18 CFR 385.2010. contact (202)502–8659.

Docket No. Date filed Presenter or requester

Prohibited: 1. ER03–563–000 ...... 5–4–05 Mary H. Smith. 2. Project No. 2210–000 ...... 4–27–05 Tom Merriman. Exempt: 1. CP02–378–002 ...... 4–7–05 Hon. Gerald Theunissen. Hon. Mickey Frith. Hon. Elcie Guillory. Hon. Chuck Kleckley. Hon. Willie Mount. Hon. Brett Geymann. Hon. Ronnie Johns. Hon. Dan Morrish. 2. CP04–386–000 ...... 5–3–05 Hon. Kay Bailey Hutchison. 3. Project No. 620–009 ...... 5–6–05 Gregory S. Risdahl. 4. Project No. 2150–033 ...... 5–6–05 Steve Hocking. 5. Project No. 2150–033 ...... 5–9–05 Steve Hocking. 6 Project No. 2210–090 ...... 4–25–05 Hon. Virgil H. Goode, Jr. 7. Project No. 2671–000 ...... 4–27–05 Hon. Susan M. Collins. 8. Project No. 7528–004 ...... 4–28–05 Anthony Tur.

Magalie R. Salas, Liquid Hydrocarbon Drop Out in Chairman Wood further stated that Secretary. Natural Gas Infrastructure and White the Commission would also entertain [FR Doc. E5–2698 Filed 5–26–05; 8:45 am] Paper on Natural Gas Interchangeability comment on a petition for rulemaking BILLING CODE 6717–01–P and Non-Combustion End Use. At the filed by the Natural Gas Supply conclusion of the technical conference, Association (NGSA) in the captioned Chairman Pat Wood announced that the docket. Comments on the NGSA DEPARTMENT OF ENERGY Commission would entertain further petition for rulemaking also will be comment on the white papers for accepted for twenty-one days. Federal Energy Regulatory Commission twenty-one days. The NGC white papers Comments requested by this Notice are accessible on-line at http:// should be filed no later than twenty-one [Docket No. PL04–3–000] www.ferc.gov, using the ‘‘eLibrary’’ link days from the date of this Notice, as and are available for review in the Natural Gas Interchangeability; Notice indicated by the comment date below. Commission’s Public Reference Room in Seeking Comments The Commission encourages electronic Washington, DC. The Commission will submission of comments in lieu of May 19, 2005. use the reports and comments received paper using the ‘‘eFiling’’ link at On May 17, 2005, the Commission to inform its decisions as to how it http://www.ferc.gov. Persons unable to held a technical conference on the should address issues of natural gas file electronically should submit an above-captioned docket to receive quality and natural gas original and 14 copies of their further comments on the Natural Gas interchangeability. comments to the Federal Energy Council’s reports: White Paper on

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Regulatory Commission, 888 First Dakota and Minnesota. The June 14, alternatives defined as a result of the Street, NE., Washington, DC 20426. 2005, meeting will be held at the EIS scoping process will also be Note that also there is an Lantern Inn, 1010 S. Dakota Street in addressed in the EIS. The EIS process ‘‘eSubscription’’ link on the web site Milbank, South Dakota. On June 15, will comply with NEPA (42 U.S.C. that enables subscribers to receive e- 2005, the meeting will be held at the 4321–4347, as amended), Council on mail notification when a document is Best Western Prairie Inn, 200 E. Environmental Quality regulations for added to a subscribed docket(s). For Highway 28 in Morris, Minnesota. The implementing NEPA (40 CFR parts assistance with any FERC Online June 16, 2005, meeting will be held at 1500–1508), and DOE NEPA service, please e-mail the Kilowatt Community Center, 600 implementing procedures (10 CFR part [email protected], or call Kilowatt Drive in Granite Falls, 1021). (866) 208–3676 (toll free). For TTY, call Minnesota. Written comments regarding MRES has applied to interconnect the (202) 502–8659. the scoping process should be addressed proposed Project to Western’s power Comment Date: June 9, 2005. to NEPA Document Manager, Big Stone transmission system. Western is a power Magalie R. Salas, II EIS, A7400, Western Area Power marketing agency of DOE that markets Secretary. Administration, P.O. Box 281213, Federal electric power to municipalities, [FR Doc. E5–2702 Filed 5–26–05; 8:45 am] Lakewood, CO 80228–8213, telephone public utilities, and Native American (800) 336–7288, fax (720) 962–7263 or tribes. Western offers capacity on its BILLING CODE 6717–01–P 7269, e-mail [email protected]. transmission system to deliver FOR FURTHER INFORMATION CONTACT: electricity when such capacity is DEPARTMENT OF ENERGY NEPA Document Manager, Big Stone II available, under Western’s Open Access EIS, A7400, Western Area Power Transmission Service Tariff (63 FR Western Area Power Administration Administration, P.O. Box 281213, 5376). The Tariff has been approved by Lakewood, CO 80228–8213, telephone the Federal Energy Regulatory Construction and Operation of the (800) 336–7288, fax (720) 962–7263 or Commission (Commission) as meeting Proposed Big Stone II Power Plant and 7269, e-mail [email protected]. or exceeding the requirements of the Transmission Project, South Dakota For general information on DOE’s Commission’s Final Order Nos. 888, and Minnesota National Environmental Policy Act 888A, 888B and 888C, which are AGENCY: Western Area Power (NEPA) review procedures or status of a intended to ensure non-discriminatory Administration, DOE. NEPA review, contact Ms. Carol M. transmission system access. Pursuant to ACTION: Notice of intent. Borgstrom, Director of NEPA Policy and the Commission’s Order Nos. 2003, Compliance, EH–42, U.S. Department of 2003–A and 2003–B, Western submitted SUMMARY: The Western Area Power Energy, 1000 Independence Avenue revisions to its non-jurisdictional Tariff Administration (Western), U.S. SW., Washington, DC 20585, telephone on January 25, 2005, to the Commission. Department of Energy (DOE) intends to (202) 586–4600 or (800) 472–2756. The purpose of the filing was to revise prepare an Environmental Impact SUPPLEMENTARY INFORMATION: Western certain terms of Western’s original Tariff Statement (EIS) for the construction and intends to prepare an EIS on the and to incorporate the Large Generator operation of the proposed Big Stone II proposal by the Project co-owners to Interconnection Procedures, and a Large Power Plant and Transmission Project construct and operate the Project in Generator Interconnection Agreement. (Project) in South Dakota and eastern South Dakota and western Western needs to grant or deny MRES’s Minnesota. The Rural Utilities Service, Minnesota. The Project co-owners interconnection request under the U.S. Department of Agriculture (RUS), include: provisions of its revised Tariff. will participate as a cooperating agency. • Otter Tail Corporation dba Otter Seven co-owners are proposing to Missouri River Energy Services (MRES, Tail Power Company, lead developer, construct a second electric generating Applicant), on behalf of the Big Stone II Fergus Falls, Minnesota unit, named Big Stone II, on an Project co-owners, has applied to • Missouri River Energy Services, industrial site adjacent to the existing interconnect the proposed Project to applicant, Sioux Falls, South Dakota Big Stone Plant (unit 1) located in Grant Western’s power transmission system. • Central Minnesota Municipal Power County east of Milbank and northwest The EIS will address the construction Agency, Blue Earth, Minnesota of Big Stone City, South Dakota. On-site and operation of the proposed Project, • Great River Energy, Elk River, construction is proposed to begin in the which includes a nominal 600 megawatt Minnesota spring of 2007, with proposed (MW) (net) coal-fired power plant and • Heartland Consumers Power commercial operation in 2011. The ancillary equipment and facilities in District, Madison, South Dakota Project would serve the co-owners’ eastern South Dakota, upgrades of • Montana-Dakota Utilities Co., a customer base loads. existing transmission lines and Division of MDU Resources Group, Inc., The existing Big Stone Plant is located facilities, and up to 129 miles of new Bismarck, North Dakota on an approximately 2,200-acre site. transmission lines in South Dakota and • Southern Minnesota Municipal Otter Tail Power Company owns a 295- Minnesota. Western will hold a 60-day Power Agency, Rochester, Minnesota acre parcel adjacent to the existing site scoping period and scoping meetings The EIS will address the construction and has under option to purchase, on near the Project area to receive input on and operation of the proposed Project, behalf of the Project, an additional 625 the scope of the EIS. which includes a nominal 600 MW (net) acres. Based on preliminary project DATES: Open-house public scoping coal-fired power plant and ancillary engineering, the Project co-owners have meetings will be held June 14–16, 2005, equipment and facilities in eastern legal access to all plant site property between 5 and 8 p.m. Written comments South Dakota, upgrades of existing that is necessary to complete Big Stone on the scope of the EIS must be received transmission lines and facilities, and up II construction. A portion of the existing by 11:59 p.m., July 26, 2005 which to 129 miles of new transmission lines Big Stone Plant site is leased to the marks the end of the EIS scoping period. in South Dakota and Minnesota. In Northern Lights Ethanol Plant and ADDRESSES: The open-house public addition to the proposed action, the no- provides steam and process water to scoping meetings will be held in South action alternative, and any action that facility.

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Constructing Big Stone II at the site of energy recovery. Sanitary waste from B. Alternative B would include an existing facility would considerably showers, wash basins, and toilets would approximately 129 miles of new reduce the construction costs of a new be collected for treatment in the existing transmission line and approximately 39 plant. The proposed plant would share Big Stone Plant treatment system. miles of line upgrades: a new 230-kV existing infrastructure, including The Project co-owners intend to line from the existing Big Stone Plant cooling water intake structure, pumping market ash as a commodity suitable for site to just east of Spicer, Minnesota system, and delivery line; plant road use in a number of applications (about 80 miles), and a new 230-kV line and rail spur; coal unloading facilities; including replacement of Portland from the existing Big Stone Plant site to and solid waste disposal facilities. The cement in concrete, soil stabilization, Canby (about 49 miles) with an upgrade existing plant road and rail spur would and structural fill. Excess ash, and ash of the Canby to Granite Falls, Minnesota provide site access. No changes are not meeting marketable specifications, line from 115 kV to 230 kV (about 39 expected to these existing features to would be disposed of in the existing Big miles). Western is the owner of the accommodate the Project. Stone Plant on-site ash landfill. The Granite Falls Substation where the latter The Project co-owners would existing Big Stone Plant and the line would interconnect. Modifications construct a nominal 600 MW (net) proposed Big Stone II would produce to the Granite Falls Substation and a electric generating station using a single approximately 300,000 to 350,000 cubic new substation at Spicer would be pulverized coal fired steam generator yards of ash annually, based on required. (boiler) with balanced-draft combustion expected average coal characteristics. Under the current MISO tariff and and a single reheat steam turbine. The Operating both units until 2040 could Western interconnection requirements, plant would be designed to burn require development of approximately further analysis is required before firm approximately 2.5 to 3 million tons of 95 acres of new landfill. transmission service can be granted for Powder River Basin sub-bituminous Electric output from the proposed Big the Project. This analysis will be coal annually. This fuel is relatively Stone II would be stepped up to 230 performed through a System Impact (or high-moisture, low-sulfur coal with kilovolts (kV) and interconnected to the ‘‘Delivery Service’’) Study. The results excellent combustion but low transmission system at the existing Big of this study and other regional grindability qualities. Big Stone II Stone Plant site. The existing plant site planning may also identify additional would be designed to normally operate currently has four transmission outlets. transmission system improvements or at its maximum continuous rating Two of these outlets are operated at 230 other design criteria needed to output. The Project would serve the co- kV, one terminates north of the existing accommodate the reliable delivery of owners’ customer base loads. plant site near Hankinson, North the electric output from the Project to Subject to a final design and Dakota, and the other terminates south the co-owners’ systems. These regulatory approval, emissions control of the existing plant site near Blair, additional improvements would be equipment would likely include South Dakota. The other two analyzed for environmental impacts. selective catalytic reduction for nitrogen transmission outlets are operated at 115 Any necessary transmission line oxide reduction, a fabric filter kV; one terminates north of Big Stone construction would be owned and (baghouse) for particulate collection, City on the Graceville-Morris 115-kV maintained by one or more of the followed by a wet scrubber for sulfur line, and the other terminates at Project co-owners. dioxide removal. The proposed Western’s Granite Falls Substation in The states of Minnesota and South emission control technologies are Minnesota. Dakota require the project co-owners to configured to provide the greatest The Midwest Independent System meet certain requirements for siting mercury emission reductions. Operator (MISO) conducted an private transmission lines within their Treated cooling water for the water- Interconnection Study for the Project states. In Minnesota, a Certificate of cooled surface condenser at the (MISO project number G392, queue Need from the Public Utilities proposed plant would be provided from number 38020–01) that outlines Commission and a Route Permit for a a closed-loop circulating water system required upgrades for interconnecting Large High-Voltage Transmission Line that includes a new mechanical draft the proposed Big Stone II to the current from the Environmental Quality Board cooling tower and circulating water interstate transmission system. The for the portion of the transmission lines pumps. Raw water for the cooling study proposed two different located in Minnesota would be required. system would be supplied from the interconnection alternatives to meet the In South Dakota, a Transmission existing Big Stone Plant cooling pond. steady-state system requirements: Facility Route Permit for the portion of The water for the cooling pond would A. Alternative A would include the transmission lines in South Dakota be supplied from Big Stone Lake via an approximately 56 miles of new would be required. existing water line and intake structure. transmission line and approximately 80 Interconnection of the proposed Big Potable water for drinking fountains, miles of line upgrades: A new 230-kV Stone II Project would incorporate a washrooms, showers, and toilet line from the existing Big Stone Plant major new generation resource into facilities would be supplied from the site to Ortonville, Minnesota (about Western’s power transmission system, area’s rural water system. seven miles) with an upgrade of the including upgrades to existing The design of the wastewater Ortonville to Johnson Junction to substations and construction of new treatment system for Big Stone II would Morris, Minnesota line (about 41 miles) transmission lines. Therefore, Western maintain the ‘‘zero discharge’’ design of from 115 kV to 230 kV, and a new 230- has determined that an EIS is required the existing Big Stone Plant. Design kV line from the existing Big Stone under DOE NEPA Implementing features would include containment Plant site to Canby, Minnesota (about 49 Procedures, 10 CFR part 1021, Subpart areas around equipment, oil/water miles) with an upgrade of the Canby to D, Appendix D, class of action D6. separator, brine concentrator, and on- Granite Falls, Minnesota line (about 39 Western will be the lead Federal agency site storm water collection system. In miles) from 115 kV to 230 kV. The lines for preparing the EIS, as defined at 40 addition, oil collected from the oil/ would interconnect at Western’s Morris CFR 1501.5. In addition, Great River water separator and other plant- and Granite Falls substations, and Energy anticipates applying for a loan generated waste oils would be burned in modifications to these substations from the RUS to finance its portion of one of the two coal-fired boilers for would be required. the proposed Project, so RUS has been

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designated a cooperating agency. regarding the scoping process may be Sales, To Implementation Western will invite other Federal, state, left with one of Western’s Management Direction, Roque River- local, and tribal agencies with representatives at the scoping meetings, Siskiyou National Forest, Butte Falls jurisdiction by law or special expertise or may be provided by fax, e-mail or Ranger District, Cascade Zone, with respect to environmental issues to U.S. Postal Service mail to Western as Jackson County, OR. be cooperating agencies on the EIS, as noted above. Summary: EPA has environmental defined at 40 CFR 1501.6. Such agencies R. Jack Dodd, concerns about potential adverse may also make a request to Western to impacts to water quality and natural be a cooperating agency. Designated Assistant Administrator for Washington Liaison. resources. cooperating agencies have certain Rating EC1. responsibilities to support the NEPA [FR Doc. 05–10662 Filed 5–26–05; 8:45 am] BILLING CODE 6450–01–P EIS No. 20050119, ERP No. D–AFS– process, as specified at 40 CFR 1501.6 L65479–OR, Timberline Express (b). Project, To Improve the Winter Full public participation and Recreational Opportunities, disclosure are planned for the entire EIS ENVIRONMENTAL PROTECTION Implementation, Zigzag Ranger process. Western anticipates the EIS AGENCY District, Mt. Hood National Forest, process will take about 15 months, and [ER–FRL–6663–8] Clackamas County, OR. will include the open-house public scoping meetings; consultation and Environmental Impact Statements and Summary: EPA has environmental involvement with appropriate Federal, Regulations; Availability of EPA concerns about water resources, habitat state, local, and tribal governmental Comments fragmentation, and whether agencies; public review and hearings on infrastructure constraints will the published draft EIS; a review period; Availability of EPA comments accommodate the proposed ski a published final EIS; and publication of prepared pursuant to the Environmental expansion. a record of decision expected in mid- Review Process (ERP), under section Rating EC1. 309 of the Clean Air Act and section summer 2006. Additional informal Final EISs public meetings may be held in the 102(2)(c) of the National Environmental EIS No. 20050098, ERP No. F–FAA– proposed Project area if public interest Policy Act as amended. Requests for D51050–PA, Philadelphia and issues indicate a need. Western will copies of EPA comments can be directed also mail newsletters to the proposed to the Office of Federal Activities at International Airport, Runway 17–35 Project mailing list to communicate 202–564–7167. Extension Project, Construction and Project status and developments. An explanation of the ratings assigned Operation, US Army COE Section 404 Western will hold a 60-day scoping to draft environmental impact Permit, NPDES Permit, Delaware and period to ensure that interested statements (EISs) was published in the Philadelphia Counties, PA. members of the public and Federal Register dated April 1, 2005 (70 Summary: EPA’s previous issues have representatives of groups, and Federal, FR 16815). been resolved, therefore, EPA has no state, local, and tribal agencies have an Draft EISs objection to that action as proposed. opportunity to provide input on the EIS No. 20050150, ERP No. F–NAS– EIS No. 20050052, ERP No. D–FHW– scope of the process and the alternatives A12042–00, PROGRAMMATIC—Mars F40429–WI, US–131 Improvement that will be addressed in the EIS. Study, from the Indiana Toll Road (1– Exploration Program (MEP) Western will also hold public open- 80/90) to a Point One Mile North of Implementation. house scoping meetings near the Project Cowling Road, U.S. Army COE Summary: No formal comment letter area during the scoping period. The Section 404 Permit, St. Joseph was sent to the preparing agency. purpose of the scoping meetings will be County, MI and Elkhart County, IN. EIS No. 20050159, ERP No. F–NIH– to provide information about the Summary: EPA has environmental D81035–MD, National Institutes of proposed Project, answer questions, and Health (NIH) Master Plan 2003 take written comments from interested objections to two alternatives under consideration (Alternatives PA–3 and Update, National Institutes of Health parties. Main Campus—Bethesda, MD, The open-house public scoping PA–4) because of direct and indirect Montgomery County, MD. meetings will be held on June 14, 2005, impacts to high quality wetlands, at the Lantern Inn, 1010 S. Dakota impacts to trout habitat in the St. Joseph Summary: The FEIS adequately Street, Milbank, South Dakota; on June River, wildlife corridor impacts for the addressed EPA’s comments. 15, 2005, at the Best Western Prairie White Pigeon, St. Joseph, and Rocky Dated: May 24, 2005. Inn, 200 E. Highway 28, Morris, Rivers, and migratory bird impacts. Robert W. Hargrove, Rating EO2. Minnesota; and on June 16, 2005, at the Director, NEPA Compliance Division, Office Kilowatt Community Center, 600 EIS No. 20050095, ERP No. D–FTA– of Federal Activities. K54030–CA, Warm Springs Kilowatt Drive, Granite Falls, [FR Doc. 05–10675 Filed 5–26–05; 8:45 am] Extension, Proposing 5.4 mile Minnesota. Members of the public and BILLING CODE 6560–50–P representatives of groups, Federal, state, Extension of the BART System in the local and tribal agencies are invited to City of Fremont, Funding, San attend anytime between 5 and 8 p.m. Francisco Bay Area Rapid Transit ENVIRONMENTAL PROTECTION Attendees at the scoping meetings will District, Alameda County, CA. AGENCY have the opportunity to view proposed Summary: While EPA has no Project and NEPA process displays and objection to the proposed action, but [ER–FRL–6663–7] other information. The open-house requested clarification on mitigation for Environmental Impacts Statements; scoping meetings will be informal, with noise and aquatic resource impacts. Notice of Availability Western and Project representatives Rating LO. available for one-on-one discussions EIS No. 20050099, ERP No. D–AFS– Responsible Agency: Office of Federal with attendees. Written comments L65478–OR, Big Butte Springs Timber Activities, General Information (202)

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564–7167 or http://www.epa.gov/ Amended Notices ENVIRONMENTAL PROTECTION compliance/nepa/. EIS No. 20050077, Draft EIS, AFS, AR, AGENCY Weekly receipt of Environmental Impact Ozark-St. Francis National Forests [OPP–2005–0102; FRL–7717-7] Statements Proposed Revised Land and Resource Filed 05/16/2005 Through 05/20/2005 Management Plan, Implementation, FIFRA Scientific Advisory Panel; Pursuant to 40 CFR 1506.9. Several Counties, AR, Comment Notice of Cancellation of Public EIS No. 20050200, Draft EIS, AFS, CA, Period Ends: 06/27/2005, Contact: Meeting Creeks Forest Health Recovery Cary Frost (479) 964–7507. Revision Project, To Develop a Network of of FR Notice Published on 02/25/ AGENCY: Environmental Protection Defensible Fuel Profile Zones 2005: CEQ Comment Period Ending Agency (EPA). (DFPZs), Group-Selection Timber 05/26/2005 has been extended to 06/ ACTION: Notice. Harvest, Individual Tree Selection, 27/2005. SUMMARY: Lassen National Forest, Almanor EIS No. 20050114, Draft EIS, AFS, IN, The June 14 – 15, 2005, Ranger District, Plumas County, CA, Hoosier National Forest Land and Federal Insecticide, Fungicide, and Comment Period Ends: 07/11/2005, Resource Management Plan, Rodenticide Act Scientific Advisory Contact: Robin Bryant (530) 258– Implementation, Brown, Crawford, Panel (FIFRA SAP) meeting to consider 2141. Dubois, Jackson, Lawrence, Martin, and review issues related to the EIS No. 20050201, Final EIS, AFS, NM, Monroe, Orange, Perry Counties, IN, carbamate dietary exposure assessment San Diego Range Allotment Project, Comment Period Ends: 06/27/2005, incorporating cholinesterase recovery Proposes To Revise Grazing Program, Contact: JEDI Perez (812) 275–5987. into CARES-compatible modules has Santa Fe National Forest, Jemez Revision of FR Notice Published on been cancelled. For further information, Ranger District, Township 17–19 03/25/2005: CEQ Comment Period please notify the Designated Federal North, Range 1–3 East, Sandoval Ending 06/23/2005 has been extended Official (DFO) listed under FOR FURTHER County, NM, Wait Period Ends: 06/27/ to 06/27/2005. INFORMATION CONTACT or see the Federal 2005, Contact: Derek Padilla (505) EIS No. 20050127, Draft EIS, AFS, MI, Register of April 27, 2005 (70 FR 21746) 829–3535. Hathaway National Forest, Proposed (FRL–7710–7). EIS No. 20050202, Draft EIS, CGD, 00, Land and Resource Management Plan, FOR FURTHER INFORMATION CONTACT: Programmatic—Vessel and Facility Forest Plan Revision, Implementation, Joseph E. Bailey, Designated Federal Response Plans for Oil: 2003 Removal Alder, Sheboygan, Chippewa, Delta, Official, Office of Science Coordination Equipment Requirements and Luce and Mackinac Counties, MI, and Policy (7201M), Environmental Alternative Technology Revisions, To Comment Period Ends: 06/27/2005, Protection Agency, 1200 Pennsylvania Increase the Oil Removal Capability, Contact: Dave Maercklein (906) 786– Ave., NW., Washington, DC 20460; U.S. Exclusive Economic Zone (EEZ), 4062. Revision of FR Notice Published telephone number: (202) 564–2045; fax United States, Alaska, Guam, Puerto on 03/25/2005: CEQ Comment Period number: (202) 564–8382; e-mail address: Rico and other U.S. Territories, Ending 06/23/2005 has been extended [email protected]. Comment Period Ends: 07/11/2005, to 06/27/2005. EIS No. 20050139, Draft EIS, COE, AR, List of Subjects Contact: Brad McKitrick (202) 267– Arkansas River Navigation Study, To 0995. Environmental protection, Pesticides Maintain and Improve the Navigation EIS No. 20050203, Draft EIS, NPS, WA, and pests. Channel in Order To Enhance Mountain Lake Fisheries Management Dated: May 23, 2005. Commercial Navigation on the Plan for the North Cascades National McCellan Kerr Arkansas River Clifford Gabriel, Service Complex, Implementation, Navigation System (MKARNS), Director, Office of Science Coordination and North Cascades National Park, Several Counties, AR and Several Policy. Whatcom, Skagit and Chelan Counties, OK, Comment Period Ends: [FR Doc. 05–10678 Filed 5–26–05; 8:45 am] Counties, WA, Comment Period Ends: 06/23/2005, Contact: Renee Wright BILLING CODE 6560–50–S 08/26/2005, Contact: Roy Zipp (360) (501) 324–6139. Revision of FR Notice 873–4590. Ext. 31. Published on 04/08/2005: CEQ EIS No. 20050204, Final EIS, FRC, MA, Comment Period Ending on 05/24/ ENVIRONMENTAL PROTECTION Weaver’s Cove Liquefied Natural Gas 2005 has been extended to 06/23/ AGENCY (LNG) Project, Construct and Operate 2005. Onshore Liquefied Natural Gas Import [OPP–2002–0262; FRL–7714–9] EIS No. 20050145, Final EIS, FHW, MO, and Interstate Natural Gas I–64/US 40 Corridor, Reconstruction Endosulfan; Notice of Receipt of Transmission Facilities, Falls River, of the Existing 1–64/US 40 Facility Requests to Voluntarily Cancel Uses of Bristol County, MA, Wait Period with New Interchange Configurations Certain Pesticide Registrations Ends: 06/27/2005, Contact: Roberta and Roadway, Funding, City of St. Coulter (202) 502–8584. AGENCY Louis, St. Louis County, MO, Wait : Environmental Protection EIS No. 20050205, Final EIS, FRC, RI, Period Ends: 06/20/2005, Contact: Agency (EPA). KeySpan Liquefied Natural Gas (LNG) Don Neumann (573) 636–7104. ACTION: Notice. Facility Upgrade Project, Construction Revision of FR Notice Published on 4/ and Operation, and Algonquin Gas SUMMARY: In accordance with section 15/05: Wait Period Ending 05/20/2005 Transmission Project, Proposal for 6(f)(1) of the Federal Insecticide, has been extended to 06/20/2005. Site, Construct and Operate a New Fungicide, and Rodenticide Act Natural Gas Pipeline, Coast Guard Dated: May 24, 2005. (FIFRA), as amended, EPA is issuing a Permit, U.S. Army COE Section 10 Robert W. Hargrove, notice of receipt of requests by the and 404 Permits, Providence County, Director, NEPA Compliance Division, Office endosulfan registrant(s) to voluntarily RI and New England, Wait Period of Federal Activities. amend their registrations to terminate Ends: 06/27/2005, Contact: Thomas [FR Doc. 05–10676 Filed 5–26–05; 8:45 am] use of certain products on succulent Russo 1–866–20–3372. BILLING CODE 6560–50–P beans, succulent beans, spinach, grapes,

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and pecans. The requests would not Although a part of the official docket, without change, unless the comment terminate the last endosulfan product(s) the public docket does not include contains copyrighted material, CBI, or registered for use in the U.S. EPA Confidential Business Information (CBI) other information whose disclosure is intends to grant these requests at the or other information whose disclosure is restricted by statute.When EPA close of the comment period for this restricted by statute. The official public identifies a comment containing announcement unless the Agency docket is the collection of materials that copyrighted material, EPA will provide receives substantive comments within is available for public viewing at the a reference to that material in the the comment period that would merit its Public Information and Records version of the comment that is placed in further review of the request(s), or Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The unless the registrants withdraw their Crystal Mall #2, 1801 S. Bell St., entire printed comment, including the requests within this period. Upon Arlington, VA. This docket facility is copyrighted material, will be available acceptance of these requests, any sale, open from 8:30 a.m. to 4 p.m., Monday in the public docket. distribution, or use of products listed in through Friday, excluding legal Public comments submitted on this notice will be permitted only if holidays. The docket telephone number computer disks that are mailed or such sale, distribution, or use is is (703) 305–5805. delivered to the docket will be consistent with the terms as described 2. Electronic access. You may access transferred to EPA’s electronic public in the final order. this Federal Register document docket. Public comments that are electronically through the EPA Internet mailed or delivered to the docket will be DATES: Comments, identified by docket ID number OPP–2002–0262, must be under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic received on or before June 27, 2005. http://www.epa.gov/fedrgstr/. public docket. Where practical, physical An electronic version of the public objects will be photographed, and the ADDRESSES: Comments may be docket is available through EPA’s photograph will be placed in EPA’s submitted electronically, by mail, or electronic public docket and comment electronic public docket along with a through hand delivery/courier. Follow system, EPA Dockets. You may use EPA brief description written by the docket the detailed instructions as provided in Dockets at http://www.epa.gov/edocket/ staff. Unit I. of the SUPPLEMENTARY to submit or view public comments, INFORMATION. access the index listing of the contents C. How and to Whom Do I Submit Comments? FOR FURTHER INFORMATION CONTACT: of the official public docket, and to Meghan French, Special Review and access those documents in the public You may submit comments Reregistration Division (7508C), Office docket that are available electronically. electronically, by mail, or through hand of Pesticide Programs, Environmental Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper Protection Agency, 1200 Pennsylvania then key in the appropriate docket ID receipt by EPA, identify the appropriate Ave., NW., Washington, DC 20460– number. docket ID number in the subject line on 0001; telephone number: (703) 308– Certain types of information will not the first page of your comment. Please 8004; fax number: (703) 308–8005; e- be placed in the EPA Dockets. ensure that your comments are mail address: [email protected]. Information claimed as CBI and other submitted within the specified comment information whose disclosure is period. Comments received after the SUPPLEMENTARY INFORMATION: restricted by statute, which is not close of the comment period will be I. General Information included in the official public docket, marked ‘‘late.’’ EPA is not required to will not be available for public viewing consider these late comments. If you A. Does this Action Apply to Me? in EPA’s electronic public docket. EPA’s wish to submit CBI or information that This action is directed to the public policy is that copyrighted material will is otherwise protected by statute, please in general, and may be of interest to a not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do wide range of stakeholders including docket but will be available only in not use EPA Dockets or e-mail to submit environmental, human health, and printed, paper form in the official public CBI or information protected by statute. agricultural advocates; the chemical docket. To the extent feasible, publicly 1. Electronically. If you submit an industry; pesticide users; and members available docket materials will be made electronic comment as prescribed in this of the public interested in the sale, available in EPA’s electronic public unit, EPA recommends that you include distribution, or use of pesticides. Since docket. When a document is selected your name, mailing address, and an e- others also may be interested, the from the index list in EPA Dockets, the mail address or other contact Agency has not attempted to describe all system will identify whether the information in the body of your the specific entities that may be affected document is available for viewing in comment. Also include this contact by this action. If you have any questions EPA’s electronic public docket. information on the outside of any disk regarding the applicability of this action Although not all docket materials may or CD ROM you submit, and in any to a particular entity, consult the person be available electronically, you may still cover letter accompanying the disk or listed under FOR FURTHER INFORMATION access any of the publicly available CD ROM. This ensures that you can be CONTACT. docket materials through the docket identified as the submitter of the facility identified in Unit I.B.1. EPA comment and allows EPA to contact you B. How Can I Get Copies of this intends to work towards providing in case EPA cannot read your comment Document and Other Related electronic access to all of the publicly due to technical difficulties or needs Information? available docket materials through further information on the substance of 1. Docket. EPA has established an EPA’s electronic public docket. your comment. EPA’s policy is that EPA official public docket for this action For public commenters, it is will not edit your comment, and any under docket identification (ID) number important to note that EPA’s policy is identifying or contact information OPP–2002–0262. The official public that public comments, whether provided in the body of a comment will docket consists of the documents submitted electronically or in paper, be included as part of the comment that specifically referenced in this action, will be made available for public is placed in the official public docket, any public comments received, and viewing in EPA’s electronic public and made available in EPA’s electronic other information related to this action. docket as EPA receives them and public docket. If EPA cannot read your

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comment due to technical difficulties through EPA’s electronic public docket endosulfan product registrations. and cannot contact you for clarification, or by e-mail. You may claim Endosulfan is a broad spectrum contact EPA may not be able to consider your information that you submit to EPA as insecticide used on a variety of foods comment. CBI by marking any part or all of that (vegetables, fruits and some grains) and i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI non-food use crops (cotton and nursery electronic public docket to submit on disk or CD ROM, mark the outside stock). comments to EPA electronically is of the disk or CD ROM as CBI and then EPA received requests to amend EPA’s preferred method for receiving identify electronically within the disk or registrations to terminate uses of comments. Go directly to EPA Dockets CD ROM the specific information that is pesticide product registrations at http://www.epa.gov/edocket/, and CBI). Information so marked will not be identified in this notice (Table 1) from follow the online instructions for disclosed except in accordance with Bayer Crop Science, Makhteshim North submitting comments. Once in the procedures set forth in 40 CFR part 2. America, Fuller Systems, and Drexel system, select ‘‘search,’’ and then key in In addition to one complete version of Chemicals. Specifically, registrants docket ID number OPP–2002–0262. The the comment that includes any requested the termination of use on system is an ‘‘anonymous access’’ information claimed as CBI, a copy of succulent beans and peas, grapes, system, which means EPA will not the comment that does not contain the pecans and spinach and will remove know your identity, e-mail address, or information claimed as CBI must be these uses from all endosulfan products other contact information unless you submitted for inclusion in the public registered in the United States, or the provide it in the body of your comment. docket and EPA’s electronic public ii. E-mail. Comments may be sent by last pesticide products registered in the docket. If you submit the copy that does United States for these uses. e-mail to [email protected], not contain CBI on disk or CD ROM, Attention: Docket ID Number OPP– mark the outside of the disk or CD ROM III. What Action is the Agency Taking? 2002–0262. In contrast to EPA’s clearly that it does not contain CBI. electronic public docket, EPA’s e-mail Information not marked as CBI will be This notice announces receipt by EPA system is not an ‘‘anonymous access’’ included in the public docket and EPA’s of requests from Bayer Crop Science, system. If you send an e-mail comment electronic public docket without prior Makhteshim-Agan North America, directly to the docket without going notice. If you have any questions about Fuller System, Inc., and Drexel through EPA’s electronic public docket, CBI or the procedures for claiming CBI, Chemicals to terminate uses of EPA’s e-mail system automatically please consult the person listed under endosulfan product registrations. The affected products and the registrants captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. addresses that are automatically making the requests are identified in captured by EPA’s e-mail system are E. What Should I Consider as I Prepare Table 1 of this unit. included as part of the comment that is My Comments for EPA? Under section 6(f)(1)(A) of FIFRA, placed in the official public docket, and You may find the following registrants may request, at any time, that made available in EPA’s electronic suggestions helpful for preparing your their pesticide registrations be canceled public docket. comments: or amended to terminate one or more iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as pesticide uses. Section 6(f)(1)(B) of comments on a disk or CD ROM that possible. FIFRA requires that before acting on a you mail to the mailing address 2. Describe any assumptions that you request for voluntary cancellation, EPA identified in Unit I.C.2. These electronic used. must provide a 30–day public comment submissions will be accepted in 3. Provide any technical information period on the request for voluntary WordPerfect or ASCII file format. Avoid and/or data you used that support your cancellation or use termination. In the use of special characters and any views. addition, section 6(f)(1)(C) of FIFRA form of encryption. 4. If you estimate potential burden or requires that EPA provide a 180–day 2. By mail. Send your comments to: costs, explain how you arrived at your comment period on a request for Public Information and Records estimate. voluntary cancellation or termination of Integrity Branch (PIRIB) (7502C), Office 5. Provide specific examples to any minor agricultural use before of Pesticide Programs (OPP), illustrate your concerns. granting the request, unless: Environmental Protection Agency, 1200 6. Offer alternatives. Pennsylvania Ave., NW., Washington, 7. Make sure to submit your 1. The registrants request a waiver of DC 20460–0001, Attention: Docket ID comments by the comment period the comment period, or Number OPP–2002–0262. deadline identified. 2. The Administrator determines that 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, continued use of the pesticide would your comments to: Public Information identify the appropriate docket ID pose an unreasonable adverse effect on and Records Integrity Branch (PIRIB), number in the subject line on the first the environment. Office of Pesticide Programs (OPP), page of your response. It would also be In this case, endosulfan registrants Environmental Protection Agency, Rm. helpful if you provided the name, date, requested that EPA waive the 180–day 119, Crystal Mall #2, 1801 S. Bell St., and Federal Register citation related to comment period. EPA will therefore Arlington, VA, Attention: Docket ID your comments. provide a 30–day comment period on Number OPP–2002–0262. Such II. Background on the Receipt of the proposed requests. deliveries are only accepted during the Requests to Cancel and/or Amend docket’s normal hours of operation as Unless a request is withdrawn by the Registrations to Delete Uses identified in Unit I.B.1. registrant within 30–days of publication This notice announces receipt by EPA of this notice, or if the Agency D. How Should I Submit CBI to the of requests from registrants Bayer Crop determines that there are substantive Agency? Science, Makhteshim North America, comments that warrant further review of Do not submit information that you Fuller Systems, and Drexel Chemicals to this request, an order will be issued consider to be CBI electronically amend to terminate uses of 13 amending the affected registrations.

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TABLE 1.—ENDOSULFAN PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration No. Product name Company

264–637 Thiodan Technical Bayer Crop Science LP

264–638 Phaser 3EC Bayer Crop Science LP

264–656 Phaser 50 WP/WSB Bayer Crop Science LP

264–658 Phaser 3EC Bayer Crop Science LP

264–659 Phaser 50 WP/WSB Bayer Crop Science LP

11678–5 Thionex Technical Makhteshim Chemical Works

11678–25 Thionex 35 EC Makhteshim Chemical Works

66222–62 Thionex 50W Makhteshim-Agan NA

66222–63 Thionex 3EC Makhteshim-Agan NA

66222–64 Thionex Technical Makhteshim-Agan NA

1327–35 Fulex Thiodan Smoke Fuller System, Inc.

19713–99 Drexel Endosulfan 2EC Drexel Chemicals

19713–319 Drexel Endosulfan Technical Drexel Chemicals

19713–399 Drexel Endosulfan 3EC Drexel Chemicals

Table 2 of this unit includes the registrants of the products listed in names and addresses of record for the Table 1 of this unit.

TABLE 2.—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION OF USES

EPA Company No. Company name and address

264 Bayer CropScience LP 2 T.W. Alexander Drive Research Triangle Park, North Carolina 27709

11678 Makhteshim Chemical Works 551 Fifth Avenue, Suite 1100 New York, New York 10176

66222 Makhteshim-AGAN of North America 551 Fifth Avenue, Suite 1100 New York, New York 10176

19713 Drexel Chemical Company 1700 Channel Avenue, PO Box 13327 Memphis, Tennessee 38113–0327

1327 Fuller System, Inc. PO Box 3053 Woburn, Massachusetts 01888

IV. What is the Agency’s Authority for the Administrator may approve such a withdrawal of the request for Taking this Action? request. cancellation will apply only to the V. Procedures for Withdrawal of applicable FIFRA section 6(f)(1) request Section 6(f)(1) of FIFRA provides that listed in this notice. If the products(s) a registrant of a pesticide product may Request and Considerations for Reregistration of Endosulfan have been subject to a previous at any time request that any of its cancellation action, the effective date of pesticide registrations be canceled or Registrants who choose to withdraw a cancellation and all other provisions of amended to terminate one or more uses. request for cancellation must submit any earlier cancellation action are FIFRA further provides that, before such withdrawal in writing to the controlling. acting on the request, EPA must publish person listed under FOR FURTHER a notice of receipt of any such request INFORMATION CONTACT, postmarked in the Federal Register. Thereafter, before 30 days after date of publication following the public comment period, in the Federal Register. This written

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VI. Provisions for Disposition of OPP–2005–0113, must be received on or Integrity Branch (PIRIB), Rm. 119, Existing Stocks before June 27, 2005. Crystal Mall #2, 1801 S. Bell St., Existing stocks are those stocks of ADDRESSES: Comments may be Arlington, VA. This docket facility is registered pesticide products which are submitted electronically, by mail, or open from 8:30 a.m. to 4 p.m., Monday currently in the United States and through hand delivery/courier. Follow through Friday, excluding legal which were packaged, labeled, and the detailed instructions as provided in holidays. The docket telephone number released for shipment prior to the Unit I. of the SUPPLEMENTARY is (703) 305–5805. 2. Electronic access. You may access effective date of the cancellation action. INFORMATION. this Federal Register document If the request for voluntary FOR FURTHER INFORMATION CONTACT: cancellation of uses is granted as electronically through the EPA Internet Tessa Milofsky, Regulatory Action under the ‘‘Federal Register’’ listings at discussed above, the Agency intends to Leader, Biopesticides and Pollution http://www.epa.gov/fedrgstr/. issue a cancellation order that will Prevention Division (7511C), Office of An electronic version of the public allow persons other than the registrant Pesticide Programs, Environmental docket is available through EPA’s to continue to sell and/or use existing Protection Agency, 1200 Pennsylvania electronic public docket and comment stocks of cancelled products until such Ave., NW., Washington, DC 20460– system, EPA Dockets. You may use EPA stocks are exhausted, provided that such 0001; telephone number: (703) 308– Dockets at http://www.epa.gov/edocket/ use is consistent with the terms of the 0455; e-mail address: to submit or view public comments, previously approved labeling on, or that [email protected]. access the index listing of the contents accompanied, the cancelled product. SUPPLEMENTARY INFORMATION: of the official public docket, and to The order will specifically prohibit any access those documents in the public use of existing stocks that is not I. General Information docket that are available electronically. consistent with such previously A. Does this Action Apply to Me? Once in the system, select ‘‘search,’’ approved labeling. If, as the Agency then key in the appropriate docket ID currently intends, the final cancellation You may be potentially affected by number. order contains the existing stocks this action if you manufacture Certain types of information will not provision just described, the order will pesticides or apply pesticides to be placed in the EPA Dockets. be sent only to the affected registrants growing crops. Potentially affected Information claimed as CBI and other of the cancelled products. If the Agency entities may include, but are not limited information whose disclosure is determines that the final cancellation to: restricted by statute, which is not order should contain existing stocks • Crop production included in the official public docket, provisions different than the ones just • Animal production will not be available for public viewing described, the Agency will publish the • Food manufacturing in EPA’s electronic public docket. EPA’s cancellation order in the Federal • Pesticide manufacturing policy is that copyrighted material will Register. This listing is not intended to be not be placed in EPA’s electronic public exhaustive, but rather provides a guide List of Subjects docket but will be available only in for readers regarding entities likely to be printed, paper form in the official public Environmental protection, Pesticides affected by this action. Other types of docket. To the extent feasible, publicly and pests. entities not listed in this unit could also available docket materials will be made Dated: May 19, 2005. be affected. The North American available in EPA’s electronic public Robert McNally, Industrial Classification System docket. When a document is selected Acting Director, Special Review and (NAICS) codes have been provided to from the index list in EPA Dockets, the Reregistration Division, Office of Pesticide assist you and others in determining system will identify whether the Programs. whether this action might apply to document is available for viewing in [FR Doc. 05–10679 Filed 5–26–05; 8:45 am] certain entities. If you have any EPA’s electronic public docket. BILLING CODE 6560–50–S questions regarding the applicability of Although not all docket materials may this action to a particular entity, consult be available electronically, you may still the person listed under FOR FURTHER access any of the publicly available ENVIRONMENTAL PROTECTION INFORMATION CONTACT. docket materials through the docket facility identified in Unit I.B.1. EPA AGENCY B. How Can I Get Copies of this intends to work towards providing Document and Other Related [OPP–2005–0113; FRL–7711–1] electronic access to all of the publicly Information? Pesticide Product; Registration available docket materials through Applications 1. Docket. EPA has established an EPA’s electronic public docket. official public docket for this action For public commenters, it is AGENCY: Environmental Protection under docket identification (ID) number important to note that EPA’s policy is Agency (EPA). OPP–2005–0113. The official public that public comments, whether ACTION: Notice. docket consists of the documents submitted electronically or in paper, specifically referenced in this action, will be made available for public SUMMARY: This notice announces receipt any public comments received, and viewing in EPA’s electronic public of applications to register pesticide other information related to this action. docket as EPA receives them and products containing new active Although a part of the official docket, without change, unless the comment ingredients not included in any the public docket does not include contains copyrighted material, CBI, or previously registered products pursuant Confidential Business Information (CBI) other information whose disclosure is to the provisions of section 3(c)(4) of the or other information whose disclosure is restricted by statute. When EPA Federal Insecticide, Fungicide, and restricted by statute. The official public identifies a comment containing Rodenticide Act (FIFRA), as amended. docket is the collection of materials that copyrighted material, EPA will provide DATES: Written comments, identified by is available for public viewing at the a reference to that material in the the docket identification (ID) number Public Information and Records version of the comment that is placed in

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EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). Information so marked will not be entire printed comment, including the at http://www.epa.gov/edocket/, and disclosed except in accordance with copyrighted material, will be available follow the online instructions for procedures set forth in 40 CFR part 2. in the public docket. submitting comments. Once in the In addition to one complete version of Public comments submitted on system, select ‘‘search,’’ and then key in the comment that includes any computer disks that are mailed or docket ID number OPP–2005–0113. The information claimed as CBI, a copy of delivered to the docket will be system is an ‘‘anonymous access’’ the comment that does not contain the transferred to EPA’s electronic public system, which means EPA will not information claimed as CBI must be docket. Public comments that are know your identity, e-mail address, or submitted for inclusion in the public mailed or delivered to the Docket will other contact information unless you docket and EPA’s electronic public be scanned and placed in EPA’s provide it in the body of your comment. docket. If you submit the copy that does electronic public docket. Where ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, practical, physical objects will be e-mail to [email protected], mark the outside of the disk or CD ROM photographed, and the photograph will Attention: Docket ID Number OPP– clearly that it does not contain CBI. be placed in EPA’s electronic public 2005–0113. In contrast to EPA’s Information not marked as CBI will be docket along with a brief description electronic public docket, EPA’s e-mail included in the public docket and EPA’s written by the docket staff. system is not an ‘‘anonymous access’’ electronic public docket without prior system. If you send an e-mail comment C. How and to Whom Do I Submit notice. If you have any questions about directly to the docket without going Comments? CBI or the procedures for claiming CBI, through EPA’s electronic public docket, please consult the person listed under You may submit comments EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. electronically, by mail, or through hand captures your e-mail address. E-mail delivery/courier. To ensure proper addresses that are automatically E. What Should I Consider as I Prepare receipt by EPA, identify the appropriate captured by EPA’s e-mail system are My Comments for EPA? docket ID number in the subject line on included as part of the comment that is You may find the following the first page of your comment. Please placed in the official public docket, and suggestions helpful for preparing your ensure that your comments are made available in EPA’s electronic comments: submitted within the specified comment public docket. 1. Explain your views as clearly as period. Comments received after the iii. Disk or CD ROM. You may submit possible. close of the comment period will be comments on a disk or CD ROM that 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to you mail to the mailing address used. consider these late comments. If you identified in Unit I.C.2. These electronic 3. Provide copies of any technical wish to submit CBI or information that submissions will be accepted in information and/or data you used that is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid support your views. follow the instructions in Unit I.D. Do the use of special characters and any 4. If you estimate potential burden or not use EPA Dockets or e-mail to submit form of encryption. costs, explain how you arrived at the CBI or information protected by statute. 2. By mail. Send your comments to: estimate that you provide. 1. Electronically. If you submit an Public Information and Records 5. Provide specific examples to electronic comment as prescribed in this Integrity Branch (PIRIB), Office of illustrate your concerns. unit, EPA recommends that you include Pesticide Programs (OPP), 6. Offer alternative ways to improve your name, mailing address, and an e- Environmental Protection Agency the registration activity. mail address or other contact (7502C), 1200 Pennsylvania Ave., NW., 7. Make sure to submit your information in the body of your Washington, DC 20460–0001, Attention: comments by the deadline in this comment. Also include this contact Docket ID Number OPP–2005–0113. notice. information on the outside of any disk 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, or CD ROM you submit, and in any your comments to: Public Information be sure to identify the docket ID number cover letter accompanying the disk or and Records Integrity Branch (PIRIB), assigned to this action in the subject CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), line on the first page of your response. identified as the submitter of the Environmental Protection Agency, Rm. You may also provide the name, date, comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., and Federal Register citation. in case EPA cannot read your comment Arlington, VA, Attention: Docket ID due to technical difficulties or needs Number OPP–2005–0113. Such II. Registration Applications further information on the substance of deliveries are only accepted during the EPA received applications as follows your comment. EPA’s policy is that EPA docket’s normal hours of operation as to register pesticide products containing will not edit your comment, and any identified in Unit I.B.1. active ingredients not included in any identifying or contact information previously registered products pursuant D. How Should I Submit CBI to the provided in the body of a comment will to the provision of section 3(c)(4) of Agency? be included as part of the comment that FIFRA. Notice of receipt of these is placed in the official public docket, Do not submit information that you applications does not imply a decision and made available in EPA’s electronic consider to be CBI electronically by the Agency on the applications. public docket. If EPA cannot read your through EPA’s electronic public docket comment due to technical difficulties or by e-mail. You may claim Products Containing Active Ingredients and cannot contact you for clarification, information that you submit to EPA as not Included in any Previously EPA may not be able to consider your CBI by marking any part or all of that Registered Products comment. information as CBI (if you submit CBI 1. File Symbol: 81606–E. Applicant: i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside Biopreparaty Co. Ltd. Tylisovska 1, electronic public docket to submit of the disk or CD ROM as CBI and then Prague 6, Czech Republic. Product comments to EPA electronically is identify electronically within the disk or Name: Polyversum. Fungicide and plant EPA’s preferred method for receiving CD ROM the specific information that is growth stimulant. Active ingredient:

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Pythium oligandrum DV 74 at 5%. OPPT–2005–0031 and the specific PMN electronically through the EPA Internet Proposed classification/Use: For number or TME number, must be under the ‘‘Federal Register’’ listings at controlling plant diseases and received on or before June 27, 2005. http://www.epa.gov/fedrgstr/. stimulating SAR in agricultural crops, ADDRESSES: Comments may be An electronic version of the public ornamental plants, and turf grasses. submitted electronically, by mail, or docket is available through EPA’s 2. File Symbol: 81606–R. Applicant: through hand delivery/courier. Follow electronic public docket and comment Biopreparaty Co. Ltd. Tylisovska 1, the detailed instructions as provided in system, EPA Dockets. You may use EPA Prague 6, Czech Republic. Product Unit I. of the SUPPLEMENTARY Dockets at http://www.epa.gov/edocket/ Name: Technical DV 74. Fungicide and INFORMATION. to submit or view public comments, plant growth stimulant. Active access the index listing of the contents FOR FURTHER INFORMATION CONTACT: ingredient: Pythium oligandrum DV 74 of the official public docket, and to Colby Lintner, Regulatory Coordinator, at 1%. Proposed classification/Use: access those documents in the public Environmental Assistance Division, Manufacturing use product for docket that are available electronically. Office of Pollution Prevention and formulation into end-use products used Although not all docket materials may Toxics (7408M), Environmental to control plant diseases and stimulate be available electronically, you may still Protection Agency, 1200 Pennsylvania SAR in agricultural crops, ornamental access any of the publicly available Ave., NW., Washington, DC 20460– plants, and turf grasses. docket materials through the docket 0001; telephone number: (202) 554– facility identified in Unit I.B.1. Once in List of Subjects 1404; e-mail address: TSCA- the system, select ‘‘search,’’ then key in [email protected]. Environmental protection, Pesticides the appropriate docket ID number. and pest. SUPPLEMENTARY INFORMATION: Certain types of information will not Dated: May 16, 2005. I. General Information be placed in the EPA Dockets. Janet L. Andersen, Information claimed as CBI and other Director, Biopesticides and Pollution A. Does this Action Apply to Me? information whose disclosure is Prevention Division, Office of Pesticide This action is directed to the public restricted by statute, which is not Programs. in general. As such, the Agency has not included in the official public docket, [FR Doc. 05–10479 Filed 5–26–05; 8:45am] attempted to describe the specific will not be available for public viewing in EPA’s electronic public docket. EPA’s BILLING CODE 6560–50–S entities that this action may apply to. Although others may be affected, this policy is that copyrighted material will action applies directly to the submitter not be placed in EPA’s electronic public ENVIRONMENTAL PROTECTION of the premanufacture notices addressed docket but will be available only in AGENCY in the action. If you have any questions printed, paper form in the official public regarding the applicability of this action docket. To the extent feasible, publicly [OPPT–2005–0031; FRL–7717–3 to a particular entity, consult the person available docket materials will be made available in EPA’s electronic public Certain New Chemicals; Receipt and listed under FOR FURTHER INFORMATION docket. When a document is selected Status Information CONTACT. from the index list in EPA Dockets, the AGENCY: Environmental Protection B. How Can I Get Copies of this system will identify whether the Agency (EPA). Document and Other Related document is available for viewing in Information? ACTION: Notice. EPA’s electronic public docket. 1. Docket. EPA has established an Although not all docket materials may SUMMARY: Section 5 of the Toxic official public docket for this action be available electronically, you may still Substances Control Act (TSCA) requires under docket ID number OPPT–2005– access any of the publicly available any person who intends to manufacture 0031. The official public docket consists docket materials through the docket (defined by statute to include import) a of the documents specifically referenced facility identified in Unit I.B.1. EPA new chemical (i.e., a chemical not on in this action, any public comments intends to work towards providing the TSCA Inventory) to notify EPA and received, and other information related electronic access to all of the publicly comply with the statutory provisions to this action. Although a part of the available docket materials through pertaining to the manufacture of new official docket, the public docket does EPA’s electronic public docket. chemicals. Under sections 5(d)(2) and not include Confidential Business For public commenters, it is 5(d)(3) of TSCA, EPA is required to Information (CBI) or other information important to note that EPA’s policy is publish a notice of receipt of a whose disclosure is restricted by statute. that public comments, whether premanufacture notice (PMN) or an The official public docket is the submitted electronically or in paper, application for a test marketing collection of materials that is available will be made available for public exemption (TME), and to publish for public viewing at the EPA Docket viewing in EPA’s electronic public periodic status reports on the chemicals Center, Rm. B102-Reading Room, EPA docket as EPA receives them and under review and the receipt of notices West, 1301 Constitution Ave., NW., without change, unless the comment of commencement to manufacture those Washington, DC. The EPA Docket contains copyrighted material, CBI, or chemicals. This status report, which Center is open from 8:30 a.m. to 4:30 other information whose disclosure is covers the period from April 28, 2005 to p.m., Monday through Friday, excluding restricted by statute. When EPA May 10, 2005, consists of the PMNs legal holidays. The EPA Docket Center identifies a comment containing pending or expired, and the notices of Reading Room telephone number is copyrighted material, EPA will provide commencement to manufacture a new (202) 566–1744 and the telephone a reference to that material in the chemical that the Agency has received number for the OPPT Docket, which is version of the comment that is placed in under TSCA section 5 during this time located in EPA Docket Center, is (202) EPA’s electronic public docket. The period. 566–0280. entire printed comment, including the DATES: Comments identified by the 2. Electronic access. You may access copyrighted material, will be available docket identification (ID) number this Federal Register document in the public docket.

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Public comments submitted on submitting comments. Once in the In addition to one complete version of computer disks that are mailed or system, select ‘‘search,’’ and then key in the comment that includes any delivered to the docket will be docket ID number OPPT–2005–0031. information claimed as CBI, a copy of transferred to EPA’s electronic public The system is an ‘‘anonymous access’’ the comment that does not contain the docket. Public comments that are system, which means EPA will not information claimed as CBI must be mailed or delivered to the docket will be know your identity, e-mail address, or submitted for inclusion in the public scanned and placed in EPA’s electronic other contact information unless you docket and EPA’s electronic public public docket. Where practical, physical provide it in the body of your comment. docket. If you submit the copy that does objects will be photographed, and the ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, photograph will be placed in EPA’s e-mail to [email protected], Attention: mark the outside of the disk or CD ROM electronic public docket along with a Docket ID Number OPPT–2005–[insert clearly that it does not contain CBI. brief description written by the docket e-docket no.] and PMN Number or TME Information not marked as CBI will be staff. Number. In contrast to EPA’s electronic included in the public docket and EPA’s C. How and To Whom Do I Submit public docket, EPA’s e-mail system is electronic public docket without prior Comments? not an ‘‘anonymous access’’ system. If notice. If you have any questions about you send an e-mail comment directly to CBI or the procedures for claiming CBI, You may submit comments the docket without going through EPA’s please consult the technical person electronically, by mail, or through hand electronic public docket, EPA’s e-mail listed under FOR FURTHER INFORMATION delivery/courier. To ensure proper system automatically captures your e- CONTACT. receipt by EPA, identify the appropriate mail address. E-mail addresses that are docket ID number and specific PMN E. What Should I Consider as I Prepare automatically captured by EPA’s e-mail My Comments for EPA? number or TME number in the subject system are included as part of the line on the first page of your comment. comment that is placed in the official You may find the following Please ensure that your comments are public docket, and made available in suggestions helpful for preparing your submitted within the specified comment EPA’s electronic public docket. comments: period. Comments received after the iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as close of the comment period will be comments on a disk or CD ROM that possible. marked ‘‘late.’’ EPA is not required to 2. Describe any assumptions that you consider these late comments. If you you mail to the mailing address identified in Unit I.C.2. These electronic used. wish to submit CBI or information that 3. Provide copies of any technical submissions will be accepted in is otherwise protected by statute, please information and/or data you used that WordPerfect or ASCII file format. Avoid follow the instructions in Unit I.D. Do support your views. the use of special characters and any not use EPA Dockets or e-mail to submit 4. If you estimate potential burden or form of encryption. CBI or information protected by statute. costs, explain how you arrived at the 1. Electronically. If you submit an 2. By mail. Send your comments to: estimate that you provide. electronic comment as prescribed in this Document Control Office (7407M), 5. Provide specific examples to unit, EPA recommends that you include Office of Pollution Prevention and illustrate your concerns. your name, mailing address, and an e- Toxics (OPPT), Environmental 6. Offer alternative ways to improve mail address or other contact Protection Agency, 1200 Pennsylvania the notice or collection activity. information in the body of your Ave., NW., Washington, DC 20460– 7. Make sure to submit your comment. Also include this contact 0001. comments by the deadline in this information on the outside of any disk 3. By hand delivery or courier. Deliver document. or CD ROM you submit, and in any your comments to: OPPT Document 8. To ensure proper receipt by EPA, cover letter accompanying the disk or Control Office (DCO) in EPA East Bldg., be sure to identify the docket ID number CD ROM. This ensures that you can be Rm. 6428, 1201 Constitution Ave., NW., assigned to this action and the specific identified as the submitter of the Washington, DC. Attention: Docket ID PMN number you are commenting on in comment and allows EPA to contact you Number OPPT–2005– 0031 and PMN the subject line on the first page of your in case EPA cannot read your comment Number or TME Number. The DCO is response. You may also provide the due to technical difficulties or needs open from 8 a.m. to 4 p.m., Monday name, date, and Federal Register further information on the substance of through Friday, excluding legal citation. your comment. EPA’s policy is that EPA holidays. The telephone number for the will not edit your comment, and any DCO is (202) 564–8930. II. Why is EPA Taking this Action? identifying or contact information Section 5 of TSCA requires any D. How Should I Submit CBI to the provided in the body of a comment will person who intends to manufacture Agency? be included as part of the comment that (defined by statute to include import) a is placed in the official public docket, Do not submit information that you new chemical (i.e., a chemical not on and made available in EPA’s electronic consider to be CBI electronically the TSCA Inventory to notify EPA and public docket. If EPA cannot read your through EPA’s electronic public docket comply with the statutory provisions comment due to technical difficulties or by e-mail. You may claim pertaining to the manufacture of new and cannot contact you for clarification, information that you submit to EPA as chemicals. Under sections 5(d)(2) and EPA may not be able to consider your CBI by marking any part or all of that 5(d)(3) of TSCA, EPA is required to comment. information as CBI (if you submit CBI publish a notice of receipt of a PMN or i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside an application for a TME and to publish electronic public docket to submit of the disk or CD ROM as CBI and then periodic status reports on the chemicals comments to EPA electronically is identify electronically within the disk or under review and the receipt of notices EPA’s preferred method for receiving CD ROM the specific information that is of commencement to manufacture those comments. Go directly to EPA Dockets CBI). Information so marked will not be chemicals. This status report, which at http://www.epa.gov/edocket/, and disclosed except in accordance with covers the period from April 28, 2005 to follow the online instructions for procedures set forth in 40 CFR part 2. May 10, 2005, consists of the PMNs

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pending or expired, and the notices of chemical that the Agency has received that such information is not claimed as commencement to manufacture a new under TSCA section 5 during this time CBI) on the PMNs received by EPA chemical that the Agency has received period. If you are interested in during this period: the EPA case number under TSCA section 5 during this time information that is not included in the assigned to the PMN; the date the PMN period. following tables, you may contact EPA was received by EPA; the projected end as described in Unit II. to access III. Receipt and Status Report for PMNs date for EPA’s review of the PMN; the additional non-CBI information that submitting manufacturer; the potential This status report identifies the PMNs may be available. uses identified by the manufacturer in pending or expired, and the notices of In Table I of this unit, EPA provides the PMN; and the chemical identity. commencement to manufacture a new the following information (to the extent

I. 22 PREMANUFACTURE NOTICES RECEIVED FROM: 04/28/05 TO 05/10/05

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P–05–0523 04/28/05 07/26/05 CBI (G) Water repellant (G) Polymeric sulfurized phenolic compound sulfur mixture P–05–0524 04/29/05 07/27/05 CBI (G) Latex binder (G) Vinyl acetate terpolymer P–05–0525 04/29/05 07/27/05 CBI (G) Site-limited intermediate (G) Alkyl amidoamine P–05–0526 05/02/05 07/30/05 CBI (G) Open non-dispersive (coatings) (G) Polyurethane resin P–05–0527 05/02/05 07/30/05 CBI (G) Specialty additive (G) Polymer of formaldehyde and substituted phenols P–05–0528 05/03/05 07/31/05 Octel Starreon (G) Fuel additive. Destructive use. (G) Polyolefin esters PMN chemical is destroyed when fuel is burned. P–05–0529 05/03/05 07/31/05 Octel Starreon (G) Fuel additive. Destructive use. (G) Polyolefin ester PMN chemical is destroyed when fuel is burned. P–05–0530 05/03/05 07/31/05 Octel Starreon (G) Fuel additive. Destructive use. (G) Polyolefin ester PMN chemical is destroyed when fuel is burned. P–05–0531 05/03/05 07/31/05 Octel Starreon (G) Fuel additive. Destructive use. (G) Polyolefin ester PMN chemical is destroyed when fuel is burned. P–05–0532 05/03/05 07/31/05 Octel Starreon (G) Fuel additive. Destructive use. (G) Polyolefin ester PMN chemical is destroyed when fuel is burned. P–05–0533 05/03/05 07/31/05 CBI (G) A raw material for electronic ma- (G) Phenol, 2,6-dialkyl-, terials homopolymer, alkenylarene alkyl ether P–05–0534 05/04/05 08/01/05 Mayzo, Inc. (S) Stabilizer and antioxidant for plas- (S) Benzenepropanoic acid, 3,5- tics, rubber, adhesives, coatings, bis(1,1-dimethylethyl)-4-hydroxy-, and oils isotridecyl ester P–05–0535 05/04/05 08/01/05 CBI (G) Chemical intermediate (G) Arylsulfonate salt P–05–0536 05/04/05 08/01/05 CBI (G) Chemical intermediate (G) Substituted alkylsulfonate salt P–05–0537 05/04/05 08/01/05 CBI (G) Chemical intermediate (G) Quaternary ammonium bromide P–05–0538 05/05/05 08/02/05 CBI (G) Inks and coatings (G) Acrylic oligomer P–05–0539 05/05/05 08/02/05 CBI (S) Epoxy curing agent for (S) Poly[oxy(methyl-1,2-ethanediyl)], crosslinking and use in other coat- .alpha.-(3-aminopropyl)-.omega.-(3- ings aminopropoxy)- P–05–0540 05/05/05 08/02/05 CBI (S) Site limited intermediate to manu- (S) Poly[oxy(methyl-1,2-ethanediyl)], facture ts sk0501 .alpha.-(2-cyanoethyl)-.omega.-(2- cyanoethoxy)- P–05–0541 05/06/05 08/03/05 CBI (G) Open non-dispersive (binder) (G) Aliphatic polyurethane resin P–05–0542 05/06/05 08/03/05 CBI (G) Resin coating (G) Alkanedioic acid, polymer with 1,3-diisocyanatomethylbenzene, 2,2-dimethyl-1,3-propanediol, 3-hy- droxy-2-(hydroxymethyl)- 2- methylpropanoic acid and 2,2′-[(1- methylethylidene)bis(4,1- phenyleneoxy)] bis[ethanol], 2- ethyl-2-[[2-(hydroxymethyl)-2-[[(1- oxo-2-propenyl)oxy]methyl] but- oxy]methyl]-1 ,3-propanediyl diacrylate blocked, compounds with triethylamine P–05–0543 05/09/05 08/06/05 CBI (G) Machine seals, wheels and rollers (G) Aromatic diisocyanate based polyurethane polymer P–05–0544 05/10/05 08/07/05 CBI (G) Raw material ingredient (S) Benzenepentanal, .alpha.-methyl-

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In Table II of this unit, EPA provides CBI) on the Notices of Commencement the following information (to the extent to manufacture received: that such information is not claimed as

II. 12 NOTICES OF COMMENCEMENT FROM: 04/28/05 TO 05/10/05

Commencement Case No. Received Date Notice End Date Chemical

P–00–1013 05/02/05 03/25/05 (G) Alkylborane complex P–03–0604 05/09/05 04/21/05 (G) Fluorinated methacrylated monomer P–03–0706 05/06/05 04/06/05 (G) Alkylcarboxyalkenyl dihydroxyalkylate, polymer with carboxyalkenyl and alkylalkenyl sodium sulfonate, calcium salt P–03–0753 05/06/05 04/29/05 (S) 6-nonen-1-ol, acetate, (6z)- P–04–0122 05/03/05 04/05/05 (G) Mdi/carbonate prepolymer P–04–0316 05/04/05 04/18/05 (G) Polyisobutenylsuccinic acid, metal salt P–04–0586 04/28/05 04/08/05 (G) Mdi based polyurethane polymer P–04–0908 04/28/05 04/05/05 (G) Polyolefin esters P–05–0054 05/03/05 04/14/05 (G) Neodecanoic acid, 1,6-hexanediylbis[imino(2-hydroxy-3,1-propanediyl)] ester, polymer with (chloromethyl)oxirane, alkyldiamine, 4,4′-(1- methylethylidene)bis[phenol] and 2,2′-[(1-methylethylidene)bis (4,1- phenyleneoxymethylene)]bis [oxirane], reaction products with diethanolamine, acetates (salts) formates (salts) P–05–0192 05/04/05 03/29/05 (S) 2-propenoic acid, 2-methyl-, polymer with butyl 2-propenoate, ethenylbenzene, .alpha.-(2-methyl-1-oxo-2-propenyl)-.omega.-[(2-methyl-1- oxo-2-propenyl)oxy]poly(oxy-1,2-ethanediyl) and 2-propenamide P–05–0236 05/09/05 04/29/05 (G) Aromatic-modified aliphatic hydrocarbon resin P–05–0244 05/09/05 04/29/05 (G) Substituted cycloalkenone

List of Subjects Correction representative. In lieu of signing the SF– Environmental protection, Chemicals, In the Federal Register of April 13, 424 form, representatives may type their name, title, and organization on plain Premanufacturer notices. 2005, page 19472, correct the SUMMARY bond paper with a signature line signed section to read: Dated: May 18, 2005. and dated, in accordance with block 18 SUMMARY: The Federal Mediation and of the SF–424 form. The individual Vicki A. Simons, Conciliation Service (FMCS) is listed as a contact person in block 6 on Acting Director, Information Management publishing the final Fiscal Year 2005 the application form will generally be Division, Office of Pollution Prevention and Program Guidelines/Application the person with whom FMCS will Toxics. Solicitation for the Labor-Management communicate during the application [FR Doc. 05–10478 Filed 5–26–05; 8:45 am] Cooperation Program to inform the review process. Please be sure that BILLING CODE 6560–50–S public. The program is supported by person is available once the application Federal funds authorized by the Labor- has been submitted. Additionally, it is Management Cooperation Act of 1978, the applicant’s responsibility to notify subject to annual appropriations. This FMCS in writing of any changes (e.g. if FEDERAL MEDIATION AND solicitation contains a change in the the address or contact person has CONCILIATION SERVICE application process in an effort to changed). maximize participation under current We will accept applications beginning Labor Management Cooperation budget constraints. In the past, May 15, 2005, and continue to do so Program; Correction on Application applicants were required to submit until July 31, 2006 or until all FY 2005 Submission Deadline applications by a fixed date. In Fiscal funds are obligated, with awards being Year 2005, the date for application made by September 30, 2006. While AGENCY: Federal Mediation and submission will be open, contingent proposals may be accepted at anytime Conciliation Service. upon fund availability. Applications between May 15, 2005 and July 31, ACTION: Notice; correction. will be accepted for consideration after 2006, proposals received late in the May 15, 2005 and continued to do so cycle have a greater risk of not being SUMMARY: The Federal Mediation and until July 31, 2006, or until all FY 2005 funded due to unavailability of funds. Conciliation Service (FMCS) published grant funds are obligated, with awards Once your application has been a document in the Federal Register on being made by September 30, 2006. received and acknowledged by FMCS, April 13, 2005, concerning the no applications or supplementary Correction Application Solicitation for the Labor materials will be accepted thereafter. Management Cooperation Program. The In the Federal Register of April 13, Applicants are highly advised to contact document contained an inadvertent 2005, page 19472, correct Section G. the grants office prior to committing any omission of the date upon which Application Submission and Review resources to the preparation of a applications would be accepted and also Process to read: proposal. changes the term ‘‘Director, Labor- An original application containing Management Grants Program’’ to the G. Application Submission and Review numbered pages, plus three copies ‘‘Director or their designee’’. Process should be addressed to the Federal FOR FURTHER INFORMATION CONTACT: The Application for Federal Mediation and Conciliation Service, Maria A Fried, Federal Register Liaison Assistance (SF–24) form must be signed Labor-Management Grants Program, at 202–606–8090. by both a labor and management 2100 K Street, NW., Washington, DC

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20427. FMCS will not consider Unless otherwise noted, comments ACTION: Notice of request for comments videotaped submissions or video regarding each of these applications regarding a renewal to an existing OMB attachments to submissions. FMCS will must be received at the Reserve Bank clearance. confirm receipt of all applications indicated or the offices of the Board of within 10 days thereof. Governors not later than June 20, 2005. SUMMARY: Under the provisions of the All eligible applications will be A. Federal Reserve Bank of Kansas Paperwork Reduction Act of 1995 (44 reviewed and scored preliminarily by City (Donna J. Ward, Assistant Vice U.S.C. Chapter 35), the General Services one or more Grant Review Boards. The President) 925 Grand Avenue, Kansas Administration will be submitting to the Board(s) will recommend selected City, Missouri 64198-0001: Office of Management and Budget applications for rejection or further 1. Ameribank Holding Company, (OMB) a request to review and approve funding consideration. The Director or Collinsville, Oklahoma; to acquire up to a renewal of a currently approved their designee, will finalize the scoring 100 percent of the voting shares of information collection requirement and selection process. All FY 2005 grant Boynton Holding Company, Inc, and regarding identification of products applications will be notified of results thereby indirectly acquire voting shares with environmental attributes. and all grants awards will be made by of Territory Bank, both of Muskogee, Public comments are particularly September 30, 2006. Applications that Oklahoma. invited on: Whether this collection of fail to adhere to eligibility or other information is necessary and whether it Board of Governors of the Federal Reserve will have practical utility; whether our major requirements will be System, May 23, 2005. administratively rejected. estimate of the public burden of this Jennifer J. Johnson, collection of information is accurate, Dated: May 23, 2005. Secretary of the Board. and based on valid assumptions and Maria A. Fried, [FR Doc. 05–10623 Filed 5–26–05; 8:45 am] methodology; ways to enhance the Federal Register Liaison. BILLING CODE 6210–01–S quality, utility, and clarity of the [FR Doc. 05–10622 Filed 5–26–05; 8:45 am] information to be collected. BILLING CODE 6732–01–M DATES: Submit comments on or before: FEDERAL TRADE COMMISSION July 26, 2005. Sunshine Act Meeting Notice FOR FURTHER INFORMATION CONTACT: Linda Nelson, Procurement Analyst, FEDERAL RESERVE SYSTEM AGENCY: Federal Trade Commission. Contract Policy Division, at telephone Formations of, Acquisitions by, and TIME AND DATE: 11 a.m., Friday, June 10, (202) 501–1900 or via email at Mergers of Bank Holding Companies 2005. [email protected]. PLACE: Federal Trade Commission ADDRESSES: Submit comments regarding The companies listed in this notice Building, Room 532, 600 Pennsylvania this burden estimate or any other aspect have applied to the Board for approval, Avenue, NW., Washington, DC 20580. of this collection of information, pursuant to the Bank Holding Company STATUS: Part of this meeting will be including suggestions for reducing this Act of 1956 (12 U.S.C. 1841 et seq.) open to the public. The rest of the burden to the Regulatory Secretariat (BHC Act), Regulation Y (12 CFR Part meeting will be closed to the public. (VIR), General Services Administration, 225), and all other applicable statutes MATTERS TO BE CONSIDERED: Room 4035, 1800 F Street, NW., and regulations to become a bank Portion Open to Public: Washington, DC 20405. Please cite OMB holding company and/or to acquire the (1) Oral Argument in the matter of Control No. 3090–0262, Identification of assets or the ownership of, control of, or North Texas Specialty Physicians, Products with Environmental the power to vote shares of a bank or Docket 9312. Attributes, in all correspondence. bank holding company and all of the Portion Closed to the Public: SUPPLEMENTARY INFORMATION: banks and nonbanking companies (2) Executive Session to follow Oral owned by the bank holding company, Argument in North Texas Speciality A. Purpose including the companies listed below. Physicians, Docket 9312. General Services Administration The applications listed below, as well CONTACT PERSON FOR MORE INFORMATION: (GSA) requires contractors submitting as other related filings required by the Mitch Katz, Office of Public Affairs: Multiple Award Schedule Contracts to Board, are available for immediate (202) 326–2180. Recorded Message: identify in their GSA price lists those inspection at the Federal Reserve Bank (202) 326–2711. products that they market commercially indicated. The application also will be that have environmental attributes. The available for inspection at the offices of Donald S. Clark, identification of these products will the Board of Governors. Interested Secretary. enable Federal agencies to maximize the persons may express their views in [FR Doc. 05–10779 Filed 5–25–05; 8:45 am] use of these products to meet the writing on the standards enumerated in BILLING CODE 6750–01–M responsibilities expressed in statutes the BHC Act (12 U.S.C. 1842(c)). If the and executive orders. proposal also involves the acquisition of a nonbanking company, the review also GENERAL SERVICES B. Annual Reporting Burden includes whether the acquisition of the ADMINISTRATION Respondents: 16,941. nonbanking company complies with the Responses Per Respondent: 1. standards in section 4 of the BHC Act [OMB Control No. 3090–0262] Annual Responses: 16,941. (12 U.S.C. 1843). Unless otherwise General Services Administration Hours Per Response: 5. noted, nonbanking activities will be Acquisition Regulation; Information Total Burden Hours: 84,705. conducted throughout the United States. Collection; Identification of Products Obtaining Copies of Proposals: Additional information on all bank with Environmental Attributes Requesters may obtain a copy of the holding companies may be obtained information collection documents from from the National Information Center AGENCY: Office of the Chief Acquisition the General Services Administration, website at www.ffiec.gov/nic/. Officer, GSA. Regulatory Secretariat (VIR), 1800 F

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Street, NW., Room 4035, Washington, 1800 F Street, NW., Washington, DC Times and Dates: 12 p.m.–5:30 p.m., June DC 20405, telephone (202) 208–7312. 20405. Please cite OMB Control No. 15, 2005 (Closed). 8:30 a.m.–5 p.m., June 16, Please cite OMB Control No. 3090–0262, 3090–0027, Contract Administration, 2005 (Closed). 8:30 a.m.–5 p.m., June 17, Identification of Products with Quality Assurance (GSAR Parts 542 and 2005 (Closed). Environmental Attributes, in all 546; GSA Form 1678, DD Form 250, and Place: Westin Hotel at Perimeter North, 7 correspondence. GSA Form 308), in all correspondence. Concourse Parkway, Atlanta, GA 30328, SUPPLEMENTARY INFORMATION: Telephone Number 770.395.3900. Dated: May 20, 2005. Status: The meeting will be closed to the Julia Wise, A. Purpose public in accordance with provisions set Director,Contract Policy Division. Under certain contracts, because of forth in Section 552b(c)(4) and (6), Title 5 [FR Doc. 05–10610 Filed 5–26–05; 8:45 am] reliance on contractor inspection in lieu U.S.C., and the Determination of the Director, BILLING CODE 6820–61–S of Government inspection, GSA’s Management Analysis and Services Office, Federal Supply Service (FSS) requires CDC, pursuant to Public Law 92–463. documentation from its contractors to Matters to be Discussed: The meeting will GENERAL SERVICES effectively monitor contractor include the review, discussion, and ADMINISTRATION performance and ensure that it will be evaluation of applications received in response to: Capacity Building Assistance to [OMB Control No. 3090–0027] able to take timely action should that Improve the Delivery and Effectiveness of performance be deficient. General Services Administration Human Immunodeficiency Virus (HIV) Acquisition Regulation; Information B. Annual Reporting Burden Prevention Interventions for High-Risk Racial/Ethnic Minority Subpopulations, Collection; Contract Administration, Respondents: 4,604 Program Announcement 05051. Quality Assurance (GSAR Parts 542 Total Responses: 116,869 Total Burden Hours: 7,830 Contact Person for More Information: Beth and 546; GSA Form 1678, DD Form Obtaining Copies of Proposals: Wolfe, Designated Federal Official, National 250, and GSA Form 308) Requesters may obtain a copy of the Center for HIV, STD, and TB Prevention, AGENCY: Office of the Chief Acquisition information collection documents from CDC, Corporate Square Office Park, 8 Officer, GSA. the General Services Administration, Corporate Square Boulevard, Mailstop E07, ACTION: Notice of request for comments Regulatory Secretariat (VIR), 1800 F Atlanta, GA 30329, Telephone (404) 639– regarding a renewal to an existing OMB Street, NW., Room 4035, Washington, 8531. The Director, Management Analysis and clearance. DC 20405, telephone (202) 208–7312. Please cite OMB Control No. 3090–0027, Services Office, has been delegated the SUMMARY: Under the provisions of the Contract Administration, Quality authority to sign Federal Register notices pertaining to announcements of meetings and Paperwork Reduction Act of 1995 (44 Assurance (GSAR Parts 542 and 546; U.S.C. Chapter 35), the General Services other committee management activities, for GSA Form 1678, DD Form 250, and GSA both CDC and the Agency for Toxic Administration will be submitting to the Form 308), in all correspondence. Office of Management and Budget Substances and Disease Registry. Dated: May 20, 2005. (OMB) a request to review and approve Dated: May 23, 2005. Julia Wise, a renewal of a currently approved Alvin Hall, Director,Contract Policy Division information collection requirement Director, Management Analysis and Services regarding contract administration, and [FR Doc. 05–10611 Filed 5–26–05; 8:45 am] Office, Centers for Disease Control and quality assurance. A request for public BILLING CODE 6820–61–S Prevention. comments was published at 70 FR 8589, [FR Doc. 05–10644 Filed 5–26–05; 8:45 am] February 22, 2005. No comments were BILLING CODE 4163–18–P received. DEPARTMENT OF HEALTH AND Public comments are particularly HUMAN SERVICES invited on: Whether this collection of Centers for Disease Control and DEPARTMENT OF HEALTH AND information is necessary and whether it HUMAN SERVICES will have practical utility; whether our Prevention estimate of the public burden of this Disease, Disability, and Injury Centers for Medicare and Medicaid collection of information is accurate, Prevention and Control Special Services and based on valid assumptions and Emphasis Panel (SEP): Capacity methodology; ways to enhance the Building Assistance To Improve the [Document Identifier: CMS–10158] quality, utility, and clarity of the Delivery and Effectiveness of Human information to be collected. Immunodeficiency Virus (HIV) Emergency Clearance: Public DATES: Submit comments on or before: Prevention Interventions for High-Risk Information Collection Requirements June 27, 2005. Racial/Ethnic Minority Subpopulations, Submitted to the Office of Management FOR FURTHER INFORMATION CONTACT: Ms. Program Announcement 05051 and Budget (OMB) Jeritta Parnell, Procurement Analyst, Contract Policy Division, at telephone In accordance with Section 10(a)(2) of AGENCY: Center for Medicare and (202) 501–4082 or via e-mail to the Federal Advisory Committee Act Medicaid Services. [email protected]. (Pub. L. 92–463), the Centers for Disease In compliance with the requirement ADDRESSES: Submit comments regarding Control and Prevention (CDC) of section 3506(c)(2)(A) of the this burden estimate or any other aspect announces the following meeting: Paperwork Reduction Act of 1995, the of this collection of information, Name: Disease, Disability, and Injury Centers for Medicare and Medicaid including suggestions for reducing this Prevention and Control Special Emphasis Services (CMS), Department of Health burden to Ms. Jeanette Thornton, GSA Panel (SEP): Capacity Building Assistance to and Human Services, is publishing the Improve the Delivery and Effectiveness of Desk Officer, OMB, Room 10236, NEOB, Human Immunodeficiency Virus (HIV) following summary of proposed Washington, DC 20503, and a copy to Prevention Interventions for High-Risk collections for public comment. the Regulatory Secretariat (VIR), General Racial/Ethnic Minority Subpopulations, Interested persons are invited to send Services Administration, Room 4035, Program Announcement 05051. comments regarding this burden

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estimate or any other aspect of this received by the individuals designated furnished by an ambulatory surgical collection of information, including any below by June 27, 2005. center. of the following subjects: (1) The To obtain copies of the supporting DATES: Requests for review must be necessity and utility of the proposed statement and any related forms for the received at the address provided no information collection for the proper proposed paperwork collections later than 5 pm E.S.T. on June 27, 2005. performance of the agency’s functions; referenced above, access CMS’ Web site ADDRESSES: Mail requests for review (2) the accuracy of the estimated address at http://www.cms.hhs.gov/ (one original and three copies) to the burden; (3) ways to enhance the quality, regulations/pra or e-mail your request, Centers for Medicare & Medicaid utility, and clarity of the information to including your address, phone number, Services, Department of Health and be collected; and (4) the use of OMB number, and CMS document Human Services, Attention: Michael automated collection techniques or identifier, to [email protected], Lyman, Mailstop C1–09–06, 7500 other forms of information technology to or call the Reports Clearance Office on Security Blvd., Baltimore, Maryland minimize the information collection (410) 786–1326. 21244–1850. burden. Interested persons are invited to send FOR FURTHER INFORMATION CONTACT: comments regarding the burden or any We are, however, requesting an Michael Lyman, (410) 786–6938. emergency review of the information other aspect of these collections of SUPPLEMENTARY INFORMATION: On collection referenced below. In information requirements. However, as October 31, 1994, the Social Security compliance with the requirement of noted above, comments on these Act Amendments of 1994 (SSAA 1994) section 3506(c)(2)(A) of the Paperwork information collection and (Pub. L. 103–432) were enacted. Section Reduction Act of 1995, we have recordkeeping requirements must be 141(b)(1) of SSAA 1994 required us to submitted to the Office of Management mailed and/or faxed to the designees develop and implement a process under referenced below by June 27, 2005: and Budget (OMB) the following which interested parties may request a requirements for emergency review. We Centers for Medicare and Medicaid review of the appropriateness of the are requesting an emergency review Services, Office of Strategic payment amount for intraocular lenses because the collection of this Operations and Regulatory Affairs, (IOLs) furnished by ambulatory surgical information is needed before the Room C5–13–27, 7500 Security centers (ASCs) under section expiration of the normal time limits Boulevard, Baltimore, MD 21244– 1833(i)(2)(A)(iii) of the Social Security under OMB’s regulations at 5 CFR part 1850. Fax Number: (410) 786–0262, Act (the Act) on the basis that those 1320. This is necessary to ensure Attn: William N. Parham, III, CMS– lenses constitute a class of new compliance with an initiative of the 10158; and, technology intraocular lenses (NTIOLs). Administration. We cannot reasonably OMB Human Resources and Housing On June 16, 1999, we published a comply with the normal clearance Branch, Attention: Christopher final rule in the Federal Register procedures. The use of normal clearance Martin, New Executive Office entitled ‘‘Adjustment in Payment procedures is reasonably likely to cause Building, Room 10235, Washington, Amounts for New Technology a statutory deadline to be missed. DC 20503. Intraocular Lenses Furnished by This survey will support the required Ambulatory Surgical Centers’’ (64 FR evaluation of the Medicare Home Health Dated: May 23, 2005. Michelle Shortt, 32198) which added subpart F to 42 Independence Demonstration mandated CFR part 416. The June 16, 1999 final under Section 702 of the Medicare Acting Director, Regulations Development Group, Office of Strategic Operations and rule established a process for adjusting Prescription Drug, Improvement, and payment amounts for NTIOLs furnished Modernization Act of 2003 (MMA). Regulatory Affairs. [FR Doc. 05–10706 Filed 5–25–05; 9:15 am] by ambulatory surgical centers (ASCs); Section 702 of the MMA requires the defined the terms relevant to the BILLING CODE 4120–01–P Secretary to collect data on effects of the process; and established an initial flat demonstration on quality of care, rate payment adjustment of $50 for IOLs patient outcomes, and any additional DEPARTMENT OF HEALTH AND that we determine are NTIOLs. The costs to Medicare. One year after the HUMAN SERVICES payment adjustment applies for a 5-year project’s termination (currently period that begins when we recognize a projected to be October, 2006), the Centers for Medicare & Medicaid payment adjustment for the first IOL in Secretary is to submit a report including Services a new class of technology, as explained recommendations to exempt below. Any subsequent IOLs with the permanently and severely disabled [CMS–3144–N] same characteristics as the first IOL homebound beneficiaries from the recognized for a payment adjustment RIN 0938–ZA49 traditional homebound restrictions. The will receive the adjustment for the purpose of this survey is to develop the Medicare Program; Calendar Year 2005 remainder of the 5-year period information Congress seeks, and to Review of the Appropriateness of established by the first recognized provide CMS with a sound basis for Payment Amounts for New Technology NTIOL. After July 16, 2002, we have the making the mandated Intraocular Lenses (NTIOLs) Furnished option of changing the $50 adjustment recommendations. This survey is by Ambulatory Surgical Centers amount through proposed and final designed to study the health and quality (ASCs) rulemaking in connection with of life impacts of changing the eligibility ambulatory surgical center services. We requirement, and to provide descriptive AGENCY: Centers for Medicare & have opted not to change the adjustment information about the demonstration’s Medicaid Services (CMS), HHS. amount for calendar year 2005 (CY 05). target population. ACTION: Notice. CMS is requesting OMB review and Review Process for Establishing Classes approval of this collection by June 27, SUMMARY: This notice solicits interested of New Technology Intraocular Lenses 2005, with a 180-day approval period. parties to submit requests for review of (NTIOLs) Written comments and recommendation the appropriateness of the payment We will classify an IOL as a NTIOL if will be accepted from the public if amount for a particular intraocular lens the lens meets the definition of a ‘‘new

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technology IOL’’ in 42 CFR 416.180, (8) Publishing a notice in the Federal definition of a new technology IOL for which incorporates section 141(b)(2) of Register (within 90 days after we purposes of subpart F of part 416 as SSAA 1994. Under that section, a ‘‘new publish the notice identified in belonging to a class of NTIOLs for a technology IOL’’ is defined as ‘‘an IOL paragraph (4) of this section) that period of 5 years effective from the date that CMS determines has been approved announces the IOLs that we have that we recognize the first NTIOL in that by the Food and Drug Administration determined are ‘‘new technology’’ IOLs. subset. Any IOL that we subsequently (FDA) for use in labeling and These NTIOLs qualify for a $50 (or other recognize as belonging to a new advertising the IOL’s claims of specific amount that we may adopt through technology subset receives the new clinical advantages and superiority over notice and comment rulemaking) technology payment adjustment for the existing IOLs with regard to reduced payment adjustment for a 5-year period. remainder of the 5-year period risk of intraoperative or postoperative (9) Adjusting payments effective 30 established with our recognition of the complication or trauma, accelerated days after the publication of the final first NTIOL in the subset. Beginning 5 postoperative recovery, reduced notice announcing our determinations years after the effective date of our induced astigmatism, improved described in paragraph (8) of this initial recognition of a new technology postoperative visual acuity, more stable section. subset, the payment adjustment ceases postoperative vision, or other for all IOLs that we have designated as comparable clinical advantages.’’ Who May Request a Review belonging to that subset. We evaluate requests for the As specified in § 416.190, any party I. Provisions of This Notice designation of an IOL as an NTIOL by who is able to furnish the information doing the following: required in § 416.195 may request that Under our rules at 42 CFR part 416, (1) Publishing a public notice in the we review the appropriateness of the subpart F, we are soliciting requests for Federal Register that identifies the payment amount provided under review of the appropriateness of the requirements and deadline for § 1833(i)(2)(A)(iii) of the Act for an IOL payment amount for IOLs furnished by submitting a request for a review of the that, as claimed by the party, meets the an ASC. Requests for review must appropriateness of the payment amount definition of a new technology IOL in comply with our regulations at for an IOL. § 416.180. § 416.195 and be received at the address (2) Processing requests to review the provided by the date specified in the appropriateness of the payment amount Requests To Review DATES section of this notice. We will for an IOL. As specified in § 416.195(a), a request announce timely requests for review in (3) Compiling a list of the requests we to review must include all of the a subsequent notice that will allow for receive that identify the IOL following information: public comment. Currently, if we manufacturer, IOL model number under • The name of the manufacturer, the determine that an intraocular lens meets review, name of the requester, and a model number, and the trade name of the definition of a new technology summary of the request for review of the the IOL. intraocular lens, the lens will be eligible appropriateness of the IOL payment • A copy of the FDA’s summary of for a payment adjustment of $50. amount. the IOL’s safety and effectiveness. (4) Publishing an annual public notice • A copy of the labeling claims of II. Collection of Information in the Federal Register that lists the specific clinical advantages approved by Requirements requests and provides the public with the FDA for the IOL. Because the requirements referenced 30 days to submit comments on the • A copy of the IOL’s original FDA in this notice will not affect 10 or more IOLs for which a review was requested. approval notification. persons on an annual basis, this notice (5) Reviewing the information • Reports of modifications made after does not impose any information submitted with the applicant’s request the original FDA approval. collection and record keeping for review, and requesting confirmation • Other information that supports the requirements that are subject to review from the FDA about labeling requestor’s claim (including clinical by the Office of Management and applications that have been approved on trials, case studies, journal articles, etc.). Budget (OMB) under the Paperwork the IOL model under review. We also Reduction Act of 1995 (44 U.S.C. 3501 Privileged or Confidential Information request FDA’s recommendations as to et seq.). whether or not the IOL model submitted To the extent that information represents a new class of technology received from an IOL manufacturer can III. Regulatory Impact Statement that sets it apart from other IOLs. reasonably be characterized as a trade We have examined the impact of this (6) Determining which lenses meet secret or as privileged or confidential notice as required by Executive Order the criteria to qualify for the payment commercial or financial information, 12866 (September 1993, Regulatory adjustment based on clinical data and § 416.195(b) requires that we maintain Planning and Review), the Regulatory evidence submitted for review, the the confidentiality of the information Flexibility Act (RFA) (September 19, FDA’s analysis, public comments on the and protect it from disclosure not 1980, Pub. L. 96–354), section 1102(b) of lenses, and other available information. otherwise authorized or required by the Social Security Act, the Unfunded NTIOL applicants should provide good Federal law as allowed under Mandates Reform Act of 1995 (Pub. L. evidence-based studies supporting the Exemption 4 of the Freedom of 104–4), and Executive Order 13132. claimed clinical benefits. We are Information Act (5 U.S.C. 552(b)(4)) and, Executive Order 12866 directs interested in receiving data showing with respect to trade secrets, the Trade agencies to assess all costs and benefits functional clinical improvements, as Secrets Act (18 U.S.C. 1905). We of available regulatory alternatives and, opposed to improvements that have recommend that the requestor clearly if regulation is necessary, to select statistical significance without identify all information that is to be regulatory approaches that maximize functional clinical significance. characterized as confidential. net benefits (including potential (7) Designating a type of material or economic, environmental, public health a predominant characteristic of an Application of the Payment Adjustment and safety effects, distributive impacts, NTIOL that sets it apart from other IOLs As provided in § 416.200, we and equity). A regulatory impact to establish a new class. recognize all IOL(s) that meet the analysis (RIA) must be prepared for

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major rules with economically determined that it does not have an Development, Center for Beneficiary significant effects ($100 million or more economic impact on State, local, or Choices, Centers for Medicare & annually). We have determined that this tribal governments. Medicaid Services, 7500 Security notice is not a major rule because it In accordance with the provisions of Boulevard, Mail stop S2–23–05, merely solicits interested parties to Executive Order 12866, this notice was Baltimore, MD 21244–1850, (410) 786– submit requests for review of the not reviewed by the Office of 0090. Please refer to the CMS Advisory appropriateness of the payment amount Management and Budget. Committees’ Information Line (1–877– with regard to a particular IOL Authority: Sections 1832(a)(2)(F)(i) and 449–5659 toll free)/(410–786–9379 furnished by an ASC. 1833(i)(2)(a)(iii) of the Social Security Act (42 local) or the Internet (http:// The RFA requires agencies to analyze U.S.C. 1395k(a)(2)(F)(i) and www.cms.hhs.gov/faca/apme/ options for small business regulatory 1395l(i)(2)(A)(iii)). default.asp) for additional information relief. For purposes of the RFA, small (Catalog of Federal Domestic Assistance and updates on committee activities, or entities include small businesses, Program No. 93.773 Medicare—Hospital contact Ms. Johnson via e-mail at nonprofit organizations, and Insurance Program; and No. 93.774, [email protected]. Press government agencies. Most hospitals Medicare—Supplementary Medical inquiries are handled through the CMS and most other providers and suppliers Insurance Program) Press Office at (202) 690–6145. are small entities, either by nonprofit Dated: April 21, 2005. status or by having revenues of $6 SUPPLEMENTARY INFORMATION: Section Mark B. McClellan, 222 of the Public Health Service Act (42 million to 29 million or less in any 1 Administrator, Centers for Medicare & year period. Approximately 83 percent U.S.C. 217a), as amended, grants to the Medicaid Services. Secretary of Health and Human Services of ASCs generate revenues of $18.5 [FR Doc. 05–10760 Filed 5–26–05; 8:45 am] million or less and are considered small (the Secretary) the authority to establish business entities according to the Small BILLING CODE 4120–01–P an advisory panel for the purpose of Business Administration. Although a advising the Secretary in connection substantial number of ASCs may be with any of his functions. The Secretary DEPARTMENT OF HEALTH AND signed the charter establishing this affected, we do not believe there will be HUMAN SERVICES significant economic impact on small Panel on January 21, 1999 (64 FR 7849), businesses for the reason stated above. Centers for Medicare & Medicaid and approved the renewal of the charter In addition, section 1102(b) of the Act Services on January 14, 2005. The Panel advises requires us to prepare a regulatory and makes recommendations to the impact analysis if a rule may have a [CMS–4095–N] Secretary and the Administrator of the significant impact on the operations of Centers for Medicare & Medicaid Medicare Program; Meeting of the a substantial number of small rural Services (CMS) on opportunities to Advisory Panel on Medicare hospitals. This analysis must conform to enhance the effectiveness of consumer Education, June 21, 2005 the provisions of section 604 of the education strategies concerning the RFA. For purposes of section 1102(b) of AGENCY: Centers for Medicare & Medicare program. the Act, we define a small rural hospital Medicaid Services (CMS), HHS. The goals of the Panel are as follows: • To develop and implement a as a hospital that is located outside of ACTION: Notice of meeting. a Metropolitan Statistical Area and has national Medicare education program fewer than 100 beds. We have SUMMARY: In accordance with the that describes the options for selecting determined that this notice, which Federal Advisory Committee Act, 5 a health plan under Medicare. affects only ASCs, will have no affect on U.S.C. Appendix 2, section 10(a) (Pub. • To enhance the Federal small rural hospitals. L. 92–463), this notice announces a government’s effectiveness in informing Section 202 of the Unfunded meeting of the Advisory Panel on the Medicare consumer, including the Mandates Reform Act of 1995 also Medicare Education (the Panel) on June appropriate use of public-private requires that agencies assess anticipated 21, 2005. The Panel advises and makes partnerships. costs and benefits before issuing any recommendations to the Secretary of • To expand outreach to vulnerable rule that may result in an expenditure Health and Human Services and the and underserved communities, in any one year by State, local, or tribal Administrator of the Centers for including racial and ethnic minorities, governments, in the aggregate, or by the Medicare & Medicaid Services on in the context of a national Medicare private sector, of $110 million. Because opportunities to enhance the education program. this notice only affects ASCs, we have effectiveness of consumer education • To assemble an information base of determined that it will not have a strategies concerning the Medicare best practices for helping consumers consequential effect on the governments program. This meeting is open to the evaluate health plan options and build mentioned or on the private sector. public. a community infrastructure for Executive Order 13132 establishes information, counseling, and assistance. DATES: certain requirements that an agency The meeting is scheduled for The current members of the Panel are: must meet when it promulgates a June 21, 2005, from 9 a.m. to 3:30 p.m., Dr. Drew E. Altman, President and Chief proposed rule (and subsequent final e.d.t. Executive Officer, Henry J. Kaiser Deadline for Presentations and rule) that imposes substantial direct Family Foundation; Dr. Jane Delgado, Comments: June 14, 2005, 12 noon, requirement costs on State, local, or Chief Executive Officer, National e.d.t. tribal governments, preempts State law, Alliance for Hispanic Health; Clayton or otherwise has Federalism ADDRESSES: The meeting will be held at Fong, President and Chief Executive implications. Because this notice merely the Marriot at Metro Center, 775 12th Officer, National Asian Pacific Center solicits interested parties to submit Street, NW., Washington, DC 20005, on Aging; Thomas Hall, Chairman and requests for review of the (202) 737–2200. Chief Executive Officer, Cardio-Kinetics, appropriateness of the payment amount FOR FURTHER INFORMATION CONTACT: Inc.; The Honorable Bobby Jindal, with regard to a particular IOL Lynne Johnson, Health Insurance United States Congress; David Knutson, furnished by an ASC, we have Specialist, Division of Partnership Director, Health System Studies, Park

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Nicollet Institute for Research and of Pub. L. 92–463 (5 U.S.C. App. 2, sec. 10(a) 2000 (BIPA), Pub. L. 106–554, mandated Education; Dr. David Lansky, Director, and 41 CFR 102–3). procedures that permit public Health Program, Markle Foundation; (Catalog of Federal Domestic Assistance consultation for payment Donald J. Lott, Executive Director, Program No. 93.733, Medicare—Hospital determinations for new clinical Indian Family Health Clinic; Dr. Frank Insurance Program; and Program No. 93.774, laboratory tests under Part B of title I. Luntz, President and Chief Executive Medicare—Supplementary Medical XVIII of the Social Security Act (the Insurance Program) Officer, Luntz Research Companies; Dr. Act) in a manner consistent with the Daniel Lyons, Senior Vice President, Dated: May 18, 2005. procedures established for Government Programs, Independence Mark B. McClellan, implementing coding modifications for Blue Cross; Katherine Metzger, Director, Administrator, Centers for Medicare & International Classification of Diseases Medicare and Medicaid Programs, Medicaid Services. (ICD–9–CM). The procedures and public Fallon Community Health Plan; Dr. [FR Doc. 05–10569 Filed 5–26–05; 8:45 am] meeting announced in this notice for Keith Mueller, Professor and Section BILLING CODE 4120–01–P new clinical laboratory tests are in Head, Health Services Research and accordance with the procedures Rural Health Policy, University of published on November 23, 2001, in the Nebraska; David Null, Financial DEPARTMENT OF HEALTH AND Federal Register (66 FR 58743) to Advisor, Merrill Lynch; Lee Partridge, HUMAN SERVICES implement section 531(b) of BIPA. Also, Senior Health Policy Advisor, National section 942(b) of the Medicare Partnership for Women and Families; Centers for Medicare & Medicaid Prescription Drug, Improvement, and Dr. Marlon Priest, Professor of Services Modernization Act of 2003 (MMA), Pub. Emergency Medicine, University of [CMS–1293–N] L. 108–173, amends section Alabama at Birmingham; Susan O. 1833(h)(8)(B)(iii) of the Act to require Raetzman, Associate Director, Public Medicare Program; Public Meeting in that we convene a public meeting to Policy Institute, AARP; Catherine Calendar Year 2005 for New Clinical receive comments and Valenti, Chairperson and Chief Laboratory Tests Payment recommendations (and data on which Executive Officer, Caring Voice Determinations recommendations are based) for Coalition, and Grant Wedner, Senior establishing payment amounts for new AGENCY: Director, New Services Department, Centers for Medicare & clinical laboratory tests. WebMD. Medicaid Services (CMS), HHS. The public meeting is intended to The agenda for the June 21, 2005, ACTION: Notice. provide expert input on the nature of meeting will include the following: new clinical laboratory tests and receive SUMMARY: This notice announces a • Recap of the previous meeting recommendations to either cross-walk public meeting to discuss payment (March 22, 2005). or gap-fill for payment. Decisions determinations for specific new • Centers for Medicare & Medicaid regarding payment for the newly created Physicians’ Current Procedural Services update. Physicians’ Current Procedural Terminology (CPT) codes for clinical • Medicare Modernization Act: Terminology (CPT) codes will not be laboratory tests. The meeting provides a Education and outreach strategies. made at this meeting. A summary of the forum for interested parties to make oral • Public comment. new codes and the payment presentations and submit written • Listening session with CMS recommendations that are presented comments on the new codes that will be leadership. during the public meeting will be included in Medicare’s Clinical • Next steps. posted on our website by September 8, Laboratory Fee Schedule for calendar Individuals or organizations that wish 2005 and can be accessed at http:// year 2006, which will be effective on to make a 5-minute oral presentation on www.cms.hhs.gov/suppliers/clinlab. January 1, 2006. Discussion is directed an agenda topic should submit a written The summary will also display our toward technical issues relating to copy of the oral presentation to Lynne tentative payment determinations, and payment determinations for a specified Johnson, Health Insurance Specialist, interested parties may submit written list of new clinical laboratory codes. Division of Partnership Development, comments on the tentative payment The development of the codes for Center for Beneficiary Choices, Centers determinations by September 23, 2005, clinical laboratory tests is largely for Medicare & Medicaid Services, 7500 to the address specified in the summary. performed by the CPT Editorial Panel Security Boulevard, Mail stop S2–23– and will not be further discussed at the II. Registration 05, Baltimore, MD 21244–1850 or by e- CMS meeting. mail at [email protected], no Registration Procedures: later than 12 noon, e.d.t., June 14, 2005. DATES: The public meeting is scheduled Beginning June 20, 2005, registration The number of oral presentations may for Monday, July 18, 2005, from 10 a.m. may be completed on-line at http:// be limited by the time available. to 4 p.m., e.d.t. www.cms.hhs.gov/suppliers/clinlab. To Individuals not wishing to make a ADDRESSES: The meeting will be held in register by telephone contact Anita presentation may submit written the auditorium at the Centers for Greenberg at (410) 786–4601. The comments to Ms. Johnson by 12 noon, Medicare & Medicaid Services, located following information must be at 7500 Security Boulevard, Baltimore, submitted when registering: (e.d.t.), June 14, 2005. The meeting is • open to the public, but attendance is Maryland 21244. Name; • Company name; limited to the space available. FOR FURTHER INFORMATION CONTACT: • Address; Special Accommodation: Individuals Anita Greenberg, (410) 786–4601. • Telephone number(s); and requiring sign language interpretation or SUPPLEMENTARY INFORMATION: • E-mail address(es). other special accommodations should When registering, individuals who contact Ms. Johnson at least 15 days I. Background want to make a presentation must also before the meeting. Section 531(b) of the Medicare, specify which new clinical laboratory Authority: Sec. 222 of the Public Health Medicaid, and SCHIP Benefits test code(s) they will be presenting. A Service Act (42 U.S.C. 217a) and sec. 10(a) Improvement and Protection Act of confirmation will be sent upon receipt

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of the registration. Individuals may also identification and a copy of your written amended to reflect changes to the register by calling Anita Greenberg at meeting registration confirmation. organizational structure of CMS. The (410) 786–4601. Registration Deadline: Persons without proper identification changes include: (1) Renaming the Individuals must register by July 14, may be denied access. Public Affairs Office to the Office of 2005. Individuals who are not registered in External Affairs, (2) restructuring the advance will not be permitted to enter III. Presentations Center for Beneficiary Choices to the building and will be unable to implement Titles I and II of the This meeting is open to the public. attend the meeting. The public may not Medicare Prescription Drug, The on-site check-in for visitors will be enter the building earlier than 30 to 45 Improvement and Modernization Act of held from 9:30 a.m. to 10 a.m., followed minutes prior to the convening of the 2003, (3) realigning functions of the by opening remarks. Registered persons meeting each day. Center for Medicaid and State from the public may discuss and Security measures also include Operations, (4) renaming the Office of recommend payment determinations for inspection of vehicles, inside and out, at Health Insurance Portability and specific new CPT codes for the 2005 the entrance to the grounds. In addition, Accountability Acts Standards to the Clinical Laboratory Fee Schedule. A all persons entering the building must Office of E-Health Standards and newly created CPT code can either pass through a metal detector. All items Services, and (5) establishing the Office represent a refinement or modification brought to CMS, whether personal or for of Acquisition and Grants Management. of existing test methods, or a the purpose of demonstration or to The specific amendments to Part F. substantially new test method. The support a presentation, are subject to are described below: newly created CPT codes for the inspection. We cannot assume • Section F.10. (Organization) is calendar year 2005 will be listed at the responsibility for coordinating the amended to read as follows: Web site http://www.cms.hhs.gov/ receipt, transfer, transport, storage, set- 1. Office of External Affairs (FAC). suppliers/clinlab on or after June 20, up, safety, or timely arrival of any 2. Center for Beneficiary Choices 2005. personal belongings or items used for (FAE). Oral presentations must be brief, and demonstration or to support a 3. Office of Legislation (FAF). must be accompanied by three written presentation. 4. Center for Medicare Management copies. Parking permits and instructions are (FAH). Presenters may also make copies issued upon arrival by the guards at the 5. Office of Equal Opportunity and available for approximately 50 meeting main entrance. Civil Rights (FAJ). participants. Presenters should address All visitors must be escorted in areas 6. Office of Research, Development, the new test code(s) and descriptor, the other than the lower and first-floor and Information (FAK). test purpose and method, costs, charges, levels in the Central Building. 7. Office of Clinical Standards and and a recommendation with rationale Quality (FAM). for one of two methods (cross-walking V. Special Accommodations 8. Office of the Actuary (FAN). or gap-fill) for determining payment for Individuals attending a meeting who 9. Center for Medicaid and State new clinical laboratory codes. are hearing or visually impaired and Operations (FAS). The first method, called cross- have special requirements, or a 10. Office of Operations Management walking, a new test is determined to be condition that requires special (FAY). similar to an existing test, multiple assistance or accommodations, must 11. Office of Information Services existing test codes, or a portion of an provide this information when (FBB). existing test code. The new test code is registering for the meeting. 12. Office of Financial Management then assigned the related existing local Authority: Section 1102 and 1871 of the (FBC). fee schedule amounts and resulting Social Security Act (42 U.S.C. 1302 and 42 13. Office of Strategic Operations and national limitation amount. The second U.S.C. 1395hh). Regulatory Affairs (FGA). method, called gap-filling, is used when 14. Office of E-Health Standards and no comparable, existing test is available. Dated: May 12, 2005. Services (FHA). When using this method, instructions Mark B. McClellan, 15. Office of Acquisition and Grants are provided to each Medicare carrier to Administrator, Centers for Medicare & Management (FKA). determine a payment amount for its Medicaid Services. • Section F. 20. (Functions) is geographic area(s) for use in the first [FR Doc. 05–10263– 5–26–05; 8:45 am] amended by deleting the functional year, and the carrier-specific amounts BILLING CODE 4120–01–P statements in their entirety for the are used to establish a national Public Affairs Office, the Center for limitation amount for following years. Beneficiary Choices, the Office of Health For each new clinical laboratory test DEPARTMENT OF HEALTH AND Insurance Portability and code, a determination must be made to HUMAN SERVICES Accountability Act Standards, and the Center for Medicaid and State either cross-walk or to gap-fill, and, if Centers for Medicare & Medicaid Operations. The new functional cross-walking is appropriate, to know Services what tests to which to cross-walk. statements for the Office of External Affairs, Center for Beneficiary Choices, IV. Security, Building, and Parking Statement of Organization, Functions, Center for Medicaid and State Guidelines and Delegations of Authority Operations, Office of E-Health The meetings are held in a Federal Part F of the Statement of Standards and Services, and the Office government building; therefore, Federal Organization, Functions, and of Acquisition and Grants Management security measures are applicable. In Delegations of Authority for the read as follows: planning your arrival time, we Department of Health and Human recommend allowing additional time to Services, Centers for Medicare & 1. Office of External Affairs (FAC) clear security. In order to gain access to Medicaid Services (CMS), (Federal • Serves as the focal point for the the building and grounds, participants Register, Vol. 68, No. 34, pp. 8297– Agency to the news media and provides must bring government-issued photo 8299, dated February 20, 2003) is leadership for the Agency in the area of

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intergovernmental affairs. Advises the • Serves as coordinator of State for all Agency interactions with Administrator and other Agency health care policy and as liaison beneficiaries, their families, care givers, components in all activities related to between CMS and State and local health care providers, and others the media and on matters that affect officials, and individual lobbyists operating on their behalf concerning other units and levels of government. representing State and local officials improving beneficiaries ability to make • Coordinates CMS activities with the and advocate groups. informed decisions about their health Office of the Assistant Secretary for • Serves as coordinator of tribal and about program benefits Public Affairs and the Secretary’s affairs issues and liaison between CMS administered by the Agency. These intergovernmental affairs officials. and State and local officials activities include strategic and • Serves as senior counsel to the representing tribal affairs groups. implementation planning, execution, Administrator in all activities related to • Responsible for handling highly assessment and communications. the media. Provides consultation, sensitive and complex correspondence • Assesses beneficiary and other advice, and training to the Agency’s from and to State and local elected consumer needs, develops and oversees senior staff with respect to relations officials. Reviews proposed regulations activities targeted to meet these needs, with the news media. affecting States. and documents and disseminates results • • Develops and executes strategies to Coordinates roll-out of waivers or of these activities. These activities focus further the Agency’s relationship and other significant announcements on Agency beneficiary service goals and relating to States. objectives and include: development of dealings with the media. Maintains a • broad based knowledge of the Agency’s Manages CMS activities to better baseline and ongoing monitoring structure, responsibilities, mission, hear and interact with those information concerning populations goals, programs, and initiatives in order beneficiaries, providers, and other affected by Agency programs; to provide or arrange for rapid and stakeholders interested in the delivery development of performance measures accurate response to news media needs. of quality healthcare for our nation’s and assessment programs; design and • Prepares and edits appropriate seniors and beneficiaries with implementation of beneficiary services materials about the Agency, its policies, disabilities. Leads and coordinates an initiatives; development of actions and findings, and provides them ongoing series of ‘Open Door Forums’ communications channels and feedback to the public through the print and that provide a dialogue about both the mechanisms within the Agency and broadcast media. Develops and directs many individual service areas and between the Agency and its beneficiary needs within CMS. beneficiaries and their representatives; media relations strategies for the • Agency. Manages and coordinates the and close collaboration with other Physicians Regulatory Issues Team • Responds to inquiries from a broad Federal and State agencies and other (PRIT) consisting of CMS subject matter variety of news media, including major stakeholders with a shared interest in experts who work to reduce the newspapers, national television and better serving our beneficiaries. regulatory burden on physicians who • Develops national policy for all radio networks, national news participate with the Medicare program. Medicare Parts A, B, C and D magazines, local newspapers and radio • Manages and operates CMS’ video beneficiary eligibility, enrollment, and television stations, publications production studio and satellite network entitlement, premium billing and directed toward the Agency’s to include product activities, design, collection, coordination of benefits, beneficiary populations, and newsletters development, installation, and rights and protections, dispute serving the health care industry. monitoring of technological aspects of resolution process, as well as policy for • Manages press inquiries, video broadcast and projection systems, managed care enrollment and coordinates sensitive press issues, and and the development of policies and disenrollment to assure the effective develops policies and procedures for procedures for production operations. administration of the Medicare program, how press and media inquiries are • Administers CMS’ identity and including the development of related handled. • branding programs, develops related legislative proposals. Arranges formal interviews for communication policies, standards and • Oversees the development of journalists with the Agency’s procedures, and oversees, executes and privacy and confidentiality policies Administrator or other appropriate evaluates communication strategies. pertaining to the collection, use, and senior Agency staff; identifies for • Represents the Administrator and release of individually identifiable data. interviewees the issues to be addressed, senior executive staff in speaking • Coordinates beneficiary-centered and prepares or obtains background engagements with Physician and information, education, and service materials as needed. Provider groups on the Agency’s initiatives. • For significant Agency initiatives, expectations regarding ongoing patient • Develops and tests new and issues media advisories and arranges care. Serves as an Agency liaison with innovative methods to improve press conferences as appropriate; physician and provider groups on the beneficiary aspects of health care coordinates material and personnel as development and implementation of delivery systems through Title XVIII, necessary. evaluation management guidelines. XIX, and XXI demonstrations and other • Serves as liaison with the • In cooperation with senior creative approaches to meeting the Department of Health and Human executive staff, oversees and needs of Agency beneficiaries. Services and White House press offices. implements an outreach strategy to • Assures, in coordination with other • Serves as focal point for all Agency physicians and other provider Centers and Offices, the activities of interactions with Native American and organizations in order to educate them Medicare contractors, including Alaskan Native tribes. regarding the various options available managed care plans, agents, and State • Coordinates State program issues/ under the Medicare program and how to Agencies, meet the Agency’s concerns (i.e., waiver reviews, Medigap, discuss those options with patients. requirements on matters concerning Medicare-Select, survey and beneficiaries and other consumers. certification, Clinical Laboratory 2. Center for Beneficiary Choices (FAE) • Plans and administers the contracts Improvement Act (CLIA), tribal affairs) • Serves as Medicare Beneficiary and grants related to beneficiary and with program staff and regional offices. Ombudsman, as well as the focal point customer service, including the State

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Health Insurance Assistance Program resolution processes that are provide input in the development of grants. beneficiary-centered. program integrity policy. • Formulates strategies to advance • Develops, evaluates, and reviews • Through administration of the overall beneficiary communications regulations, guidelines, and instructions home and community-based services goals and coordinates the design and required for the dissemination of program and policy collaboration with publication process for all beneficiary- appeals policies to Medicare other Agency components and the centered information, education, and beneficiaries, Medicare contractors, States, promotes the appropriate choice service initiatives. Medicare Advantage (MA) plans, and continuity of quality services • Builds a range of partnerships with Prescription Drug Plans (PDPs), CMS available to frail elderly, disabled and other national organizations for effective regional offices, beneficiary advocacy chronically ill beneficiaries. consumer outreach, awareness, and groups and other interested parties. • Directs the planning, coordination, and implementation of the survey, education efforts in support of Agency 9. Center for Medicaid and State certification, and enforcement programs programs. Operations (FAS) • for all Medicare and Medicaid providers Serves as the focal point for all • Agency interactions with managed Serves as the focal point for all and suppliers, and for laboratories health care organizations for issues Centers for Medicare & Medicaid under the auspices of the CLIA. Reviews relating to Agency programs, policy and Services activities relating to Medicaid, and approves applications by States for operations. the State Children’s Health Insurance ‘‘exemption’’ from CLIA and • Develops national policies and Program, the Clinical Laboratory applications from private accreditation procedures related to the development, Improvement Act (CLIA), the survey organizations for deeming authority. qualification and compliance of health and certification of health facilities and Develops assessment techniques and maintenance organizations, competitive all interactions with States and local protocols for periodically evaluating the medical plans and other health care governments (including the Territories). performance of these entities. Monitors • Develops national Medicaid delivery systems and purchasing the performance of proficiency testing policies and procedures which support arrangements (such as prospective pay, programs under the auspices of CLIA. and assure effective State program case management, differential payment, administration and beneficiary 14. Office of E-Health Standards and selective contracting, etc.) necessary to protection. In partnership with States, Services (FHA) assure the effective administration of evaluates the success of State Agencies • the Agency’s programs, including the Develops and coordinates in carrying out their responsibilities development of statutory proposals. implementation of a comprehensive e- and, as necessary, assists States in • Handles all phases of contracts with health strategy for CMS. Coordinates correcting problems and improving the managed health care organizations and supports internal and external quality of their operations. technical activities related to e-health eligible to provide care to Medicare • Develops, interprets, and applies beneficiaries. services and ensures that individual specific laws, regulations, and policies initiatives tie to the overall agency and • Coordinates the administration of that directly govern the financial Federal e-health goals strategies. individual benefits to assure appropriate operation and management of the • Promotes and leverages innovative focus on long term care, where Medicaid program and the related component initiatives. Facilitates cross- applicable, and assumes responsibility interactions with States and regional component awareness of various e- for the operational efforts related to the offices. health projects. payment aspects of long term care and • In coordination with other • Develops regulations and guidance post-acute care services. components, develops, implements, • materials, and provides technical Serves as the focal point for all evaluates and refines standardized assistance on the Administrative Agency interactions with employers, provider performance measures used Simplification provisions of the Health employees, retirees and others operating within provider certification programs. Insurance Portability and on their behalf pertaining to issues Supports States in their use of Accountability Act of 1996 (HIPAA), related to Agency policies and standardized measures for provider including transactions, code sets, operations concerning employer feedback and quality improvement identifiers, and security. sponsored prescription drug coverage activities. Develops, implements and • Develops and implements the for their retirees. supports the data collection and enforcement program for HIPAA • Develops national policies and analysis systems needed by States to Administrative Simplification procedures to support and assure administer the certification program. provisions. appropriate State implementation of the • Reviews, approves and conducts • Develops and implements an rules and processes governing group oversight of Medicaid managed care outreach program for HIPAA and individual health insurance markets waiver programs. Provides assistance to Administrative Simplification and the sale of health insurance policies States and external customers on all provisions. Formulates and coordinates that supplement Medicare coverage. Medicaid managed care issues. a public relations campaign, prepares • Primarily responsible for all • Develops national policies and and delivers presentations and operations related to Medicare procedures on Medicaid automated speeches, responds to inquiries on Prescription Drug Plans and Medicare claims/encounter processing and HIPAA issues, and maintains liaison Advantage Prescription Drug (Part D) information retrieval systems such as with industry representatives. plans. the Medicaid Management Information • Adopts and maintains messaging • Performs activities related to the System (MMIS) and integrated and vocabulary standards supporting Medicare Parts A & B processes (42 CFR eligibility determination systems. electronic prescribing under Medicare Part 405, Subparts G and H), Part C (42 • In coordination with the Office of Part D. CFR Part 422, Subpart M), Part D (42 Financial Management (OFM), directs, • Serves as agency point of reference CFR Part 423, Subpart M) and the PACE coordinates, and monitors program on Federal and private sector e-health program for claims-related hearings, integrity efforts and activities by States initiatives. Works with Federal appeals, grievances and other dispute and regions. Works with OFM to departments and agencies to identify

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and adopt universal messaging and Provides support for field audit components may include but are not clinical health data standards, and capability during the pre-award and limited to: Healthy relationship skills, represents CMS and HHS in national closeout phases of contract and grant communication skills, conflict projects supporting the national health activities. resolution, foster parenting, marital enterprise architecture and the national • Develops and maintains an counseling, abstinence education, and health information infrastructure. automated procurement management fatherhood accountability. • Coordinates and provides guidance system. Manages procurement Financial assistance under this on legislative and regulatory issues information activities (i.e., collecting, program is provided utilizing a related to e-health standards and reporting, and analyzing procurement competitive process in accordance with services. data). the Native American Programs Act of • Collaborates with HHS on policy Dated: April 28, 2005. 1974, as amended. The purpose of this issues related to e-health standards, and Karen Pellham O’Steen, Act is to promote the goal of social self- serves as the central point of contact for sufficiency for American Indians, Native the Office of the National Coordinator Director, Office of Operations Management, Centers for Medicare & Medicaid Services. Hawaiians, Alaskan Natives, and other for Health Information Technology. Native American Pacific Islanders, [FR Doc. 05–10262 Filed 5–26–05; 8:45 am] including American Samoa natives. 15. Office of Acquisition and Grants BILLING CODE 4120–01–P Management (FKA) I. Funding Opportunity Description • Serves as the Agency’s Head of the This funding announcement seeks to Contracting Activity. Plans, organizes, DEPARTMENT OF HEALTH AND fund projects that offer approaches to coordinates and manages the activities HUMAN SERVICES remove barriers to forming lasting required to maintain an agency-wide Administration for Children and families and healthy marriages in Native acquisition program. Families communities. Such projects shall • Serves as the Agency’s Grants consider activities that provide Management Office, with responsibility Administration for Native Americans; community supports, relationship skills for all CMS discretionary grants. Funding Opportunity education, and other activities necessary • Ensures the effective management to promote the well-being of Native of the Agency’s acquisition and grant Funding Opportunity Title: Projects American children and families. resources. that Improve Child Well-Being by The Administration for Children and • Serves as the lead for developing Fostering Healthy Marriages within Families (ACF) Healthy Marriage and overseeing the Agency’s acquisition Native Communities. Initiative (HMI) seeks to improve child planning efforts. Announcement Type: Initial. well-being by helping those who choose • Develops policy and procedures for Funding Opportunity Number: HHS– marriage for themselves to develop the use by acquisition staff and internal 2005–ACF–ANA–NA–0021. skills and knowledge necessary to form CMS staff necessary to maintain CFDA Number: 93.612. and sustain healthy marriages. Research efficient and effective acquisition and Due Date for Applications: 07/8/2005. demonstrates the strong correlation grant programs. Executive Summary: The between family structure and a family’s • Advises and assists the Administration for Native Americans, social and economic well-being. More Administrator, senior staff, and Agency within the Administration for Children information on the HMI is available at components on acquisition and grant and Families, announces the availability http://www.acf.hhs.gov/ related issues. of fiscal year (FY) 2005 funds for healthymarriage/index.html. • Plans, develops, and interprets projects that include approaches to The Native American Healthy comprehensive policies, procedures, improve child well-being by removing Marriage Initiative (NAHMI) is a regulations, and directives for CMS barriers associated with forming and component of the ACF Healthy Marriage acquisition functions. sustaining healthy families and Initiative and specifically promotes a • Represents CMS at departmental marriages in Native American culturally competent strategy for acquisition and grant forums and communities. The Administration for fostering healthy marriage, responsible functions, such as the Executive Council Native Americans (ANA’s) FY 2005 fatherhood, child well-being, and on Acquisition and the Executive goals and program areas of interest are strengthening families within the Native Council for Grants Administration focused on strengthening children, American Community. ANA believes a Policy. families, and communities through focused strategy is needed to support • Serves as the CMS contact point financial assistance to community-based the Native American Community with HHS and other Federal agencies organizations including faith-based because: relative to grant and cooperative organizations, Tribes, and Village • There is a perception the Healthy agreement policy matters. governments. Marriage Initiative has not considered • Coordinates and/or conducts The Program Areas of Interest are the unique experiences of the Native training for contracts and grant projects that ANA considers supportive American population; personnel, as well as project officers in to Native American communities. • There is a clear link between CMS components. Eligibility for funding is restricted to healthy marriage and child well-being; • Develops agency-specific projects of the type listed in this • There are crisis-level statistics (e.g. procurement guidelines for the program announcement and these rates of divorce and non-married child- utilization of small and disadvantaged Program Areas of Interest are ones bearing). business concerns in achieving an which ANA sees as particularly Æ 34.4% of Native-American (NA) equitable percentage of CMS’ beneficial to the development of healthy adults are married, compared to 51.3% contracting requirements. Native American communities. The of white adults, 41% of African • Provides cost/price analyses and primary objectives of these projects are Americans, and 60% of Hispanic adults evaluations required for the review, pre-marital education, marriage (2002). negotiation, award, administration, and education and relationship skills for Æ 25.6% of NA couples divorce per closeout of grants and contracts. youth, adults, and couples. Project year, compared to 20.4% of white

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couples, 22.7% of African Americans, certificate; or (iii) a statement from a writing which application should be and 15.2% of Hispanic couples (2002). State taxing body, State Attorney considered for competitive review. Æ 58.7% of NA births are to General, or other appropriate State • ANA funds short-term projects not unmarried women, compared to 27.7% official certifying that the applicant programs. Projects must have definitive for white women, 68.4% for African- organization has a non-profit status and goals and objectives that will be American women, and 42.5% of none of the net earnings accrue to any achieved by the end of the project Hispanic women (2001). private shareholders or individuals; or period. All projects funded by ANA Æ 36.6% of NA children live with (iv) a certified copy of the organization’s must be complete, self-sustaining, or single parents, compared to 18.7% of certificate of incorporation or similar supported by other than ANA funding at white children, and 32.6% of Hispanic document that clearly establishes non- the end of the project period. children (2000). profit status; or (v) any of the items in • Before funding the second year of a The NAHMI focused strategy includes the subparagraphs immediately above multi-year grant, ANA will require three components: for a State or national parent verification and support documentation 1. Education and Communication. organization and a statement signed by from the grantee that objectives and 2. Creation and Enhancement of the parent organization that the outcomes proposed in the preceding Collaborations and Partnerships. applicant organization is a local non- year were accomplished, and the non- 3. Identifying Resources. profit affiliate. Organizations Federal share requirement has been met. NAHMI Goals and Objectives are to: • ANA reviews the quarterly and • incorporating in American Samoa are Improve the well-being of Native cautioned that the Samoan government annual reports of grantees to determine American children. if the grantee is meeting its goals, • relies exclusively upon IRS Improve the well-being of Native determination of non-profit status; objectives and activities identified in American children living in healthy, the Objective Work Plan (OWP). therefore, articles of incorporation • two-parent married households. approved by the Samoan government do Applications from National and • Improve the number of healthy not establish non-profit status for the Regional organizations must clearly marriages in the Native American purpose of ANA eligibility. demonstrate a need for the project, community. • If the applicant, other than a tribe explain how the project originated, and • Improve the overall well-being of or an Alaska Native Village government, discuss the community-based delivery the Native American community. strategy of the project, identify and • Develop and improve the capacity is proposing a project benefiting Native Americans, Alaska Natives, or both, it describe the intended beneficiaries, within the Native American community describe and relate the actual project to provide healthy marriage activities. must provide assurance that its duly elected or appointed board of directors benefits to the community and Projects funded under this organization, and describe a announcement will be expected to: is representative of the community to be served. Applicants must provide community-based delivery system. Provide for the project director and National and Regional organizations the evaluator to attend an early kickoff information that at least a majority of the individuals serving on a non-profit must describe their membership, define meeting for grantees funded under this how the organization operates, and priority area to be held within the first applicant’s board fall into one or more of the following categories: (1) A current demonstrate native community and/or three months of the project (first year Tribal government support for the only) in Washington, DC. or past member of the community to be served; (2) a prospective participant or project. The type of community to be ANA Administrative Policies: served will determine the type of Applicants must comply with the beneficiary of the project to be funded; or (3) have a cultural relationship with documentation necessary to support the following ANA Administrative Policies: project. • An applicant must provide a 20% the community be to served. non-Federal match of the approved • Applicants must describe how the Definitions project costs. Applications originating proposed project objectives and Program specific terms and concepts from American Samoa, Guam, or the activities relate to a locally determined are defined and must be used as a guide Commonwealth of the Northern Mariana strategy. • in writing and submitting the proposed Islands are covered under section 501(d) ANA will review proposed projects project. The funding for allowable of Public Law 95–134, as amended (48 to ensure applicants have considered all projects in this program announcement U.S.C. 1469a), under which HHS waives resources available to the community to is based on the following definitions: any requirement for matching funds support the project. Authorized Representative: The • under $200,000 (including in-kind Proposed projects must present a person or person(s) authorized by Tribal contributions). strategy to overcome the challenges that or Organizational resolution to execute • An application from a Tribe, Alaska hinder movement toward self- documents and other actions required Native Village or Native American sufficiency in the community. by outside agencies. organization must be from the governing • All funded applications will be Budget Period: The interval of time body. reviewed to ensure that the applicant into which the project period is divided • A non-profit organization has provided a positive statement to for budgetary or funding purposes, and submitting an application must submit give credit to ANA on all materials for which a grant is made. A budget proof of its non-profit status at the time developed using ANA funds. period usually lasts one year in a multi- of submission. The non-profit • ANA will not accept applications year project period. organization can accomplish this by from tribal components that are tribally Community: A group of people providing one of the following verifiable authorized divisions unless the ANA residing in the same geographic area documents: (i) A reference to the application includes a tribal resolution. that can apply their own cultural and applicant organization’s listing in the • ANA will only accept one socio-economic values in implementing Internal Revenue Service’s (IRS) most application per eligible entity. The first ANA’s program objectives and goals. In recent list of tax-exempt organizations application received by ANA shall be discussing the applicant’s community, described in the IRS Code; or (ii) a copy the application considered for the following information must be of the currently valid IRS tax exemption competition unless ANA is notified in provided: (1) A description of the

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population segment within the exercise local control and decision- from construction and major community to be served or impacted; (2) making over their resources. renovations. A minor alteration and or the size of the community; (3) Impact Indicators: Measurement renovation must be incidental and geographic description or location, descriptions used to identify the essential for the project (‘‘incidental’’ including the boundaries of the outcomes or results of the project. meaning the total alteration and community; (4) demographic data on Outcomes or results must be renovation budget must not exceed the the target population; and (5) the quantifiable, measurable, verifiable and lesser of $150,000 or 25 percent of total relationship of the community to any related to the outcome of the project to direct costs approved for the entire larger group or tribe. determine that the project has achieved project period.). Community Involvement: How the its desired objective and can be Multi-purpose Organization: A community participated in the independently verified through ANA community-based corporation whose development of the proposed project, monitoring and evaluation. charter specifies that the community how the community will be involved In-kind Contributions: In-kind designates the Board of Directors and/or during the project implementation and contributions are property or services officers of the organization through an after the project is completed. Evidence that benefit a federally assisted project elective procedure and that the of community involvement can include, which are contributed by the grantee, organization functions in several but is not limited to, certified petitions, non-Federal third parties without charge different areas of concern to the public meeting minutes, surveys, needs to the grantee, or a cost-type contractor members of the local Native American assessments, newsletters, special under the grant agreement. Any community. These areas are specified in meetings, public Council meetings, proposed in-kind match must meet the the by-laws and/or policies adopted by public committee meetings, public applicable requirements found in 45 the organization. They may include, but hearings, and annual meetings with CFR parts 74 and Part 92. need not be limited to, economic, representatives from the community. Letter of Commitment: A third party artistic, cultural, and recreational Completed Project: A project funded statement to document the intent to activities, and the delivery of human by ANA is finished, self-sustaining, or provide specific in-kind contributions services such as day care, education, funded by other than ANA funds, and or cash to support the applicant. The and training. the results and outcomes are achieved Letter of Commitment must state the Multi-year Project: Encompasses a by the end of the project period. dollar amount (if applicable), the length single theme and requires more than 12 Consortium-Tribal/Village: A group of of time the commitment will be or 17 months and up to 24 or 36 months Tribes or Villages that join together honored, and the conditions under to complete. A multi-year project affords either for long-term purposes or for the which the organization will support the the applicant an opportunity to develop purpose of an ANA project. proposed ANA project. If a dollar and address more complex and in-depth Construction: The initial building of a amount is included, the amount must be strategies that cannot be completed in facility. based on market and historical rates one year. A multi-year project is a series Core Administration: Salaries and charged and paid. The resources to be of related objectives with activities other expenses for those functions that committed may be human, natural, presented in chronological order over a support the applicant’s organization as physical, or financial, and may include two or three-year period. a whole or for purposes unrelated to the other Federal and non-Federal Objective(s): Specific outcomes or actual management or implementation resources. Statements in an application results to be achieved within the of the ANA project. about resources which have been proposed project period that are Economic Development: Involves the committed to or support a proposed specified in the Objective Work Plan. promotion of the physical, commercial, ANA project, but not supported with Completion of objectives must result in technological, industrial, and/or documentation, will be disregarded. specific, measurable outcomes that agricultural capacities necessary for a Leveraged Resources: The total dollar would benefit the community and sustainable local community. Economic value of all non-ANA resources that are directly contribute to the achievement development includes activities and committed to a proposed ANA project of the stated community goals. actions that develop sustainable, stable, and are supported by documentation Applicants should relate their proposed and diversified private sector local that exceed the 20% non-Federal match project objectives to outcomes that economies. For example, initiatives that required for an ANA grant. Such support the community’s long-range support employment options, business resources may include any natural, goals. Objectives are an important opportunities, development and financial, and physical resources component of Criterion III and are the formation of a community’s economic available within the tribe, organization, foundation for the Objective Work infrastructure, laws and policies that or community to assist in the successful Plans. result in the creation of businesses and completion of the project. An example Objective Work Plan (OWP): The employment options, and opportunities would be a letter from an organization project plan the applicant will use in that provide for the foundation of that agrees to provide a supportive meeting the results and benefits healthy communities and strong action, product, and service, human or expected for the project. The results and families. financial contribution that will add to benefits are directly related to the Equipment: Tangible, non-expendable the potential success of the project. Impact Indicators. The OWP provides personal property, including exempt Minor Renovation or Alteration: Work detailed descriptions of how, when, property, charged directly to the award required to change the interior where, by whom and why activities are having a useful life of more than one arrangements or other physical proposed for the project and is year and an acquisition cost of $5,000 or characteristics of an existing facility, or complemented and condensed in the more per unit. However, consistent with install equipment so that it may be more Objective Work Plan. ANA will require recipient policy, lower limits may be effectively used for the project. Minor separate OWPs for each year of the established. alteration and renovation may include project (Form OMB# 0980–0204 exp 10/ Governance: Involves assistance to work referred to as improvements, 31/2006). Tribal and Alaska Native village conversion, rehabilitation, remodeling, Partnerships: Agreements between governments to increase their ability to or modernization, but is distinguished two or more parties that will support the

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development and implementation of the • Projects that test whether a program • Non-profit Alaska Native Regional proposed project. Partnerships include or service that has proven successful in Corporations/Associations in Alaska other community-based organizations or one location or setting can work in a with village specific projects; associations including faith-based different context. • Non-profit Native organizations in organizations, Tribes, Federal and State • Projects that test a theory, idea, or Alaska with village specific projects; agencies, and private or non-profit method that reflects a new and different • Public and non-profit private organizations. way of thinking about service delivery. agencies serving Native Hawaiians; Real Property: Land, including land ACF strongly encourages applicants to • Public and non-profit private improvements, structures, and consult their local domestic violence agencies serving native peoples from appurtenances thereto, excluding coalition to learn more about the Guam, American Samoa, or the movable machinery and equipment. information and services they provide to Commonwealth of the Northern Mariana Resolution: Applicants are required to the community. Islands (the populations served may be include a current signed and dated located on these islands or in the United II. Award Information Resolution (a formal decision voted on States); by the official governing body) in Funding Instrument Type: Grant. • Tribally-controlled Community support of the project for the entire Anticipated Total Priority Area Colleges, Tribally-controlled Post- project period. The Resolution must Funding: $1,000,000. Secondary Vocational Institutions, and indicate who is authorized to sign Anticipated Number of Awards: 5 to colleges and universities located in documents and negotiate on behalf of 8. Hawaii, Guam, American Samoa or the the Tribe or organization. The Ceiling on Amount of Individual Commonwealth of the Northern Mariana Resolution must indicate that the Awards Per Budget Period: $150,000. Islands which serve Native Pacific community was involved in the project Floor on Amount of Individual Islanders; and planning process, and indicate the Awards Per Budget Period: $50,000. • Non-profit Alaska Native specific dollar amount of any eligible Average Projected Award Amount Per community entities or Tribal governing matching funds (if applicable). Budget Period: $125,000. bodies (Indian Reorganization Act or Length of Project Periods: 36 month Sustainable Project: A sustainable Traditional Councils) as recognized by project with three 12 month budget project is an ongoing program or service the Bureau of Indian Affairs. periods. that can be maintained without Applications that exceed the ceiling 2. Cost Sharing/Matching additional ANA funds. amount will be considered non- Self-Sufficiency: The ability to Yes responsive and will not be considered generate resources to meet a for competition. Grantees are required to meet a non- community’s needs in a sustainable Federal share of the project costs, in manner. A community’s progress III. Eligibility Information accordance with 42 U.S.C. toward self-sufficiency is based on its 1. Eligible Applicants 2991(b)(3)(e)(1). Grantees must provide efforts to plan, organize, and direct at least 20% of the total approved cost resources in a comprehensive manner Native American tribal governments (Federally recognized); Native American of the project. The total approved cost that is consistent with its established of the project is the sum of the ACF long-range goals. For a community to be tribal organizations (other than Federally recognized tribal share and the non-Federal share. The self-sufficient, it must have local access non-Federal share may be met by cash to, control of, and coordination of governments); Non-profits having a 501(c)(3) status or in-kind contributions, although services and programs that safeguard the applicants are encouraged to meet their health, well-being, and culture of the with the IRS, other than institutions of higher education; match requirements through cash people that reside and work in the contributions. For example, in order to community. Non-profits that do not have a 501(c)(3) status with the IRS, other than meet the match requirements, a project Social Development: Investment in with a total approved cost of $125,000, human and social capital for advancing institutions of higher education. Additional Information on Eligibility: requesting $100,000 in ACF funds, must the well-being of members of the Native provide a non-Federal share of at least American community served. Social An applicant must be one of the following to be eligible under this $25,000 (20% of total approved project development is the action taken to cost of $125,000.) Grantees will be held support the health, education, culture, announcement: • Federally recognized Indian Tribes; accountable for commitments of non- and employment options that expand an • federal resources even if over the individual’s capabilities and Consortia of Indian Tribes; • Incorporated non-Federally amount of the required match. Failure to opportunities, and that promote social provide the amount will result in inclusion and combat social ills. recognized Tribes: • Incorporated non-profit multi- disallowance of Federal funds. Lack of Total Approved Project Costs: The purpose community-based Indian supporting documentation at the time of sum of the Federal request plus the non- organizations; application will not impact the Federal share. • Urban Indian Centers; responsiveness of the application for Priority Area 1 • National or regional incorporated competitive review. non-profit Native American 3. Other Projects That Improve Child Well-Being organizations with Native American by Fostering Healthy Marriage Within community-specific objectives; All applicants must have a Dun & Native Communities • Alaska Native villages, as defined in Bradstreet number. On June 27, 2003 the Description: the Alaska Native Claims Settlement Act Office of Management and Budget Program Areas of Interest are: (ANCSA) and/or non-profit village published in the Federal Register a new • Projects that implement and test consortia; Federal policy applicable to all Federal new, unique or distinctive approaches • Incorporated non-profit Alaska grant applicants. The policy requires for delivering services to a specific Native multi-purpose community-based Federal grant applicants to provide a population. organizations; Dun & Bradstreet Data Universal

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Numbering System (DUNS) number responsive and will not be considered 521–5011, Fax: 808–521–4111, Lilia when applying for Federal grants or for funding under this announcement. Kapuniai, Vice President, Community cooperative agreements on or after Applications that do not include a Development; E-Mail: October 1, 2003. The DUNS number will current signed and dated Resolution (a [email protected]; URL: http:// be required whether an applicant is formal decision voted on by the official www.anapacific.org. governing body) in support of the submitting a paper application or using 2. Content and Form of Application project for the entire project period will the government-wide electronic portal Submission (http://www.Grants.gov). A DUNS be considered non-responsive and will number will be required for every not be considered for competition. [See Please refer to Section I. Funding application for a new award or renewal/ Section I. Funding Opportunity Opportunity Description, to review continuation of an award, including Description—Definitions, for general ANA Administrative Policies applications or plans under formula, information on resolutions] and Section IV. 5. Funding Restrictions. entitlement and block grant programs, Applications, if the applicant is other Application Submission: Each submitted on or after October 1, 2003. than a Tribe or Alaska Native Village application should include one signed Please ensure that your organization government, that do not include proof original and two additional copies of the has a DUNS number. You may acquire that a majority of the governing board of complete application. The original must a DUNS number at no cost by calling the directors is representative of the include all required forms, dedicated toll-free DUNS number community to be served, will be certifications, assurances, and appendices, contain an original request line on 1–866–705–5711 or you considered non-responsive and will not signature by an authorized may request a number on-line at be considered for competition. representative, and be submitted http://www.dnb.com. Please see Section III.2 Other, unbound. The two additional copies of Non-profit organizations applying for concerning requirements for the cost the complete application must include funding are required to submit proof of matching which do not impact the all required forms, certifications, their non-profit status. Proof of non- responsiveness of an application for assurances, and appendices and must profit status is any one of the following: competitive review. • also be submitted unbound. A reference to the applicant IV. Application and Submission Applicants have the option of organization’s listing in the Internal Information omitting from the application copies Revenue Service’s (IRS) most recent list (not the original) specific salary rates or 1. Address To Request Application of tax-exempt organizations described in amounts for individuals specified in the Package the IRS Code. application budget. A complete • A copy of a currently valid IRS tax To learn more about ANA and receive application for assistance under this exemption certificate. information about Training and Program Announcement consists of • A statement from a State taxing Technical Assistance (T/TA) contact: three parts. Part One includes the SF body, State attorney general, or other Region I: AL, AR, CT, DC, DE, FL, GA, 424, other required government forms, appropriate State official certifying that IA, IL, IN, KS, KY, LA, MA, MD, ME, and other required documentation. Part the applicant organization has a non- MI, MN, MO, MS, NC, ND, NE, NH, NJ, Two of the application is the project profit status and that none of the net NY, OH, OK, PA, RI, SC, SD, TN, TX, narrative. This section of the application earning accrue to any private VA, VT, WI, WV. Native American may not exceed 40 pages. The line-item shareholders or individuals. Management Services, Inc., 6858 Old budgets, budget justifications and the • A certified copy of the Dominion Drive, Suite 302, McLean, VA OWP form (OMB Control Number 0980– organization’s certificate of 22101, Phone: 888–221–9686, Fax: 703– 0204, exp 10/31/2006) will be exempt incorporation or similar document that 821–3680, Rondelle Clay, Project from the page limitation. Part Three of clearly establishes non-profit status. Manager; Email: [email protected]; the application is the Appendix. This • Any of the items in the URL: http://www.anaeastern.org. section of the application may not subparagraphs immediately above for a Region II: AZ, CA, CO, ID, MT, NM, exceed 20 pages (the exception to this State or national parent organization NV, OR, UT, WA, WY. ACKCO, Inc., 20-page limit applies only to projects and a statement signed by the parent 1326 N. Central, Suite 208, Phoenix, that require, if relevant to the project, a organization that the applicant Arizona 85004, Toll Free: 800–525– Business Plan or any Third-Party organization is a local non-profit 2859, Direct: 602–253–9211, Fax: 602– Agreements). affiliate. 253–9135, Theron Wauneka, Project Electronic Submission: While ACF Private, non-profit organizations are Manager; Email: does have the capability to receive encouraged to submit with their [email protected]; URL: program announcement applications applications the survey located under http://www.anawestern.org. electronically through Grants.gov, ‘‘Grant Related Documents and Forms,’’ Region III: Alaska. Native American electronic submission of applications ‘‘Survey for Private, Non-Profit Grant Management Services, Inc., 11723 Old will not be available for this particular Applicants,’’ titled, ‘‘Survey on Glenn Highway, Suite 201, Eagle River, announcement. There are required Ensuring Equal Opportunity for Alaska 99577, Toll Free: 877–770–6230, application form(s) specific to ANA that Applicants,’’ at: http://www.acf.hhs.gov/ Direct: 907–694–5711, Fax: 907–694– have not yet received clearance from programs/ofs/forms.htm. 5775, P.J. Bell, Project Manager; Email: Grants.gov. While electronic submission [email protected]; URL: http:// of applications may be available in the Disqualification Factors www.anaalaska.org. next fiscal year for this program, no Applications that exceed the ceiling Region IV: American Samoa (AS), electronic submission of applications amount will be considered non- Guam, Hawaii (HI), Commonwealth of will be accepted for this announcement responsive and will not be considered Northern Mariana Islands (CNMI). this year as they would be missing those for funding under this announcement. Council for Native Hawaiian required ANA forms and be considered Any application that fails to satisfy Advancement, 33 South King Street, incomplete. the deadline requirements referenced in Suite 513, Honolulu, Hawaii 96813, Organization and Preparation of Section IV.3 will be considered non- Toll-Free: 800–709–2642, Local: 808– Application: Due to the intensity and

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pace of the application review and applications for awards under this referenced above. Applications received evaluation process, ANA strongly announcement. after 4:30 p.m. eastern time on the recommends applicants organize, label, Applicants seeking financial closing date will be classified as late. and insert required information in assistance under this announcement Deadline: Applications shall be accordance with Part One, Part Two and must file the Standard Form (SF) 424, considered as meeting an announced Part Three as presented in the table Application for Federal Assistance; SF– deadline if they are received on or below. ANA strongly suggests 424A, Budget Information—Non- before the deadline time and date applicants label the application for ease Construction Programs; SF–424B, referenced in Section IV.6. Applicants of reviewing. The application must Assurances—Non-Construction are responsible for ensuring begin with the information requested in Programs. The forms may be reproduced applications are mailed or submitted Part One of the chart in the prescribed for use in submitting applications. electronically well in advance of the order. Utilizing this format will insure Applicants must sign and return the application due date. all information submitted to support an standard forms with their application. Applications hand carried by applicant’s request for funding is Applicants must furnish prior to applicants, applicant couriers, other thoroughly reviewed. Submitting award an executed copy of the Standard representatives of the applicant, or by information in this format will assist the Form LLL, Certification Regarding overnight/express mail couriers shall be panel reviewer in locating and Lobbying, when applying for an award considered as meeting an announced evaluating the information. Deviation in excess of $100,000. Applicants who deadline if they are received on or from this suggested format will reduce have used non-Federal funds for before the deadline date, between the the applicant’s ability to receive lobbying activities in connection with hours of 8 a.m. and 4:30 p.m., eastern maximum points, which are directly receiving assistance under this time, at the address referenced in related to ANA’s funding review announcement shall complete a Section IV.6., between Monday and decisions. disclosure form, if applicable, with their Friday (excluding Federal holidays). ANA Application Format: ANA applications (approved by the Office of ACF cannot accommodate requires all applications to be labeled in Management and Budget under control transmission of applications by compliance with the format provided in number 0348–0046). Applicants must facsimile. Therefore, applications the program announcement. This format sign and return the certification with transmitted to ACF by fax will not be applies to all applicants submitting their application. accepted regardless of date or time of applications for funding. All pages Applicants must also understand they submission and time of receipt. submitted (including Government will be held accountable for the Receipt acknowledgement for Forms, certifications and assurances) smoking prohibition included within application packages will not be must be numbered consecutively (for Public Law 103–227, Title XII provided to applicants who submit their example, the first page of the Environmental Tobacco Smoke (also package via mail, courier services, or by application is the SF 424 and must be known as the PRO-KIDS Act of 1994). A hand delivery. However, applicants will labeled as page one). The paper size copy of the Federal Register notice receive an electronic acknowledgement shall be 8.5 x 11 inches, line spacing which implements the smoking for applications that are submitted via shall be a space and a half (1.5 line prohibition is included with forms. By http://www.Grants.gov. spacing), printed only on one side, and signing and submitting the application, Late Applications: Applications that have a half-inch margin on all sides of applicants are providing the do not meet the criteria above are the paper. (Note: the 1.5 line spacing certification and need not mail back the considered late applications. ACF shall does not apply to the Project Abstract certification with the application. notify each late applicant that its Form, Appendices, the Table of Applicants must make the appropriate application will not be considered in Contents, the Objective Work Plans, and certification of their compliance with all the current competition. the Budget.) The font size shall be 12- Federal statutes relating to point and the font type shall be Times nondiscrimination. By signing and Any application received after 4:30 New Roman. submitting the applications, applicants p.m. eastern time on the deadline date Private, non-profit organizations are are providing the certification and need will not be considered for competition. encouraged to submit with their not mail back the certification form. Applicants using express/overnight applications the survey located under Complete the standard forms and the mail services should allow two working ‘‘Grant Related Documents and Forms,’’ associated certifications and assurances days prior to the deadline date for ‘‘Survey for Private, Non-Profit Grant based on the instructions on the forms. receipt of applications. Applicants are Applicants,’’ titled, ‘‘Survey on The forms and certifications may be cautioned that express/overnight mail Ensuring Equal Opportunity for found at: http://www.acf.hhs.gov/ services do not always deliver as agreed. Applicants,’’ at: http://www.acf.hhs.gov/ programs/ofs/forms.htm. Extension of deadlines: ACF may programs/ofs/forms.htm. Those organizations required to extend application deadlines when Standard Forms and Certifications: provide proof of non-profit status, circumstances such as acts of God The project description should include please refer to Section III.3. (floods, hurricanes, etc.) occur, or when all the information requirements Please see Section V.1, for there are widespread disruptions of mail described in the specific evaluation instructions on preparing the full service, or in other rare cases. A criteria outlined in the program project description. determination to extend or waive announcement under Section V deadline requirements rests with the Application Review Information. In 3. Submission Dates and Times Chief Grants Management Officer. addition to the project description, the Due Date for Applications: 7/8/2005. Checklist: You may use the checklist applicant needs to complete all the Explanation of Due Dates: The closing below as a guide when preparing your standard forms required for making date for receipt of applications is application package.

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PART ONE.—FEDERAL FORMS AND OTHER REQUIRED DOCUMENTS

What to submit Required content Required form or format When to submit

Table of Contents ...... See Section IV ...... Applicant must include a table of contents that accurately By application due date. identifies the page number and where the information can be located. Table of Contents does not count against application page limit. SF424 ...... See Section IV ...... http://www.acf.hhs.gov/programs/ofs/forms.htm ...... By application due date. SF424A ...... See Section IV ...... http://www.acf.hhs.gov/programs/ofs/forms.htm ...... By application due date. Assurances and Certifi- See Section IV ...... http://www.acf.hhs.gov/programs/ofs/forms.htm ...... By award date. cations. Indirect Cost Agree- See Section V ...... Organizations and Tribes must submit a current indirect By award date. ment. cost agreement (if claiming indirect costs) that aligns with the approved ANA project period. The Indirect Cost Agreement must identify the individual components and percentages that make up the indirect cost rate. Proof of Non-Profit Sta- See Section III ...... As described in this announcement under Section III ‘‘Ad- By award date. tus. ditional Information on Eligibility’’. Resolution ...... See Section I ...... Information for submission can be found in the Program By application due date. Announcement Section I, ‘‘Definitions’’. Board of Directors Doc- See Section I ...... As described in this announcement under Section I ‘‘ANA By application due date. umentation. Administrative Policies’’. Audit Letter ...... See Section I ...... A Certified Public Accountant’s ‘‘Independent Auditors’ Re- By application due date. port on Financial Statement.’’ This is usually only a two to three page document. (This requirement applies only to applicants with annual expenditures of $500,000 or more of Federal funds). Applicant must also include that portion of the audit document that identifies all other Fed- eral sources of funding entitled ‘‘Supplemental Schedule of Expenditures of Federal Awards’’. Non-Federal Share of See Section I ...... A request for a waiver of the non-Federal share require- By award date. Waiver Request, per ment may be submitted in accordance with 45 CFR CFR 1336.50(b). 1336.50(b)(3) of the Native American Program regula- tions. (if applicable). Certification regarding See Section IV.2..... May be found at http://www.acf.hhs.gov/programs/ofs/ By award date. Maintenance of Effort. forms.htm. Certification regarding See Section IV.2..... May be found at http://www.acf.hhs.gov/programs/ofs/ By award date. Lobbying Disclosure forms.htm. of Lobbying Activi- ties—SF LLL. Environmental Tobacco See Section IV.2..... May be found at http://www.acf.hhs.gov/programs/ofs/ By award date. Smoke Certification. forms.htm.

PART TWO.—ANA APPLICATION REVIEW CRITERIA

Required form or format; ANA application re- What to submit Required content view criteria; this section may not exceed 40 When to submit pages

Criteria One (10 pts) ...... See Section V ...... Introduction and Project Summary/Applica- By application due date. tion Format: Include the ANA Project Ab- stract form (OMB # 0980–0204 exp. 10/31/ 2006). Criteria Two (20 pts) ...... See Section V ...... Need for Assistance ...... By application due date. Criteria Three (25 pts) ...... See Section V ...... Project Approach ...... By application due date. Include an Objective Work Plan (OWP) form (OMB # 0980–0204, exp. 10/31/2006) for each 12-month budget period. A 17-month project period requires only one OWP Note: The OWP is not included in the page count for this Part. Criteria Four (15 pts) ...... See Section V ...... Organizational Capacity ...... By application due date. Criteria Five (15 pts) ...... See Section V ...... Project Impact/Evaluation ...... By application due date. Criteria Six (15 pts) ...... See Section V ...... Budget and Budget Justification/Cost Effec- By application due date. tiveness. Note: The Budget and Budget Justification is not included in the page count for this Part.

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PART THREE.—APPENDIX

Required form or format; this section may not exceed 20 What to submit Required content pages When to submit

Appendix ...... See Section I ...... Part Three includes only supplemental information or re- By application due date. quired support documentation that addresses the appli- cant’s capacity to carry out and fulfill the proposed project. These items include: Letters of agreement with cooperating entities, in-kind commitment and support let- ters, business plans, and a summary of the Third Party Agreements. Do not include books, videotapes, studies or published reports and articles, as they will not be made available to the reviewers or returned to the appli- cant.

Additional Forms applications the survey located under Ensuring Equal Opportunity for ‘‘Grant Related Documents and Forms,’’ Applicants,’’ at: http://www.acf.hhs.gov/ Private, non-profit organizations are ‘‘Survey for Private, Non-Profit Grant programs/ofs/forms.htm. encouraged to submit with their Applicants,’’ titled, ‘‘Survey on

What to submit Required content Location When to submit

Survey for Private, See form ...... Found in http://www.acf.hhs.gov/programs/ofs/forms.htm .... By application due date. Non-Profit Grant Ap- plicants.

4. Intergovernmental Review Description—ANA Administrative • Projects that request funds for Policies regarding short-term projects]. feasibility studies, business plans, This program is not subject to • marketing plans or written materials, Executive Order 12372, Projects in which a grantee would such as manuals, that are not an ‘‘Intergovernmental Review of Federal provide training and/or technical essential part of the applicant’s long Programs,’’ or 45 CFR Part 100, assistance (T/TA) to other tribes or range development plan. ‘‘Intergovernmental Review of Native American organizations that are otherwise eligible to apply for ANA • The support of ongoing social Department of Health and Human service delivery programs or the Services Programs and Activities’’. funding. However, ANA will fund T/TA requested by a grantee for its own use expansion, or continuation, of existing 5. Funding Restrictions or for its members’ use (as in the case social service delivery programs. • of a consortium), when the T/TA is ANA will not fund activities by a ANA does not fund: consortium of tribes that duplicate • Activities in support of any necessary to carry out project objectives. • activities for which a consortium foreseeable litigation against the United The purchase of real property or construction because these activities are member tribe also receives funding from States Government that are unallowable ANA. under OMB Circulars A–87 and A–122. not authorized by the Native American • ANA does not fund duplicative Programs Act of 1974, as amended. 6. Other Submission Requirements • projects or allow any one community or Core administration (See Submission by Mail: An applicant region to receive a disproportionate Definitions) functions, or other must provide an original application share of the funds available for award. activities, that essentially support only with all attachments, signed by an When making decisions on awards of the applicant’s ongoing administrative authorized representative and two grants the Agency will consider whether functions and are not related to the copies. Please see Section IV.3 for an the project is essentially identical or proposed project. explanation of due dates. Applications • similar, in whole or significant part, to Costs associated with fundraising, should be mailed to: Tim Chappelle, projects in the same community including financial campaigns, U.S. Department of Health and Human previously funded or being funded endowment drives, solicitation of gifts Services, Administration for Children under the same competition. The and bequests, and similar expenses and Families, Office of Grants Agency will also consider whether the incurred solely to raise capital or obtain Management, Division of Discretionary grantee is already receiving funding for contributions are unallowable under an Grants, 370 L’Enfant Promenade SW., a SEDS, Language, or Environmental ANA grant award. Washington, DC 20447. project from ANA. The Agency will also • Projects originated and designed by Hand Delivery: An applicant must take into account in making funding consultants who provide a major role for provide an original application with all decisions whether a proposed project themselves and are not members of the attachments signed by an authorized would require funding on an indefinite applicant organization, Tribe, or village. representative and two copies. The or recurring basis. This determination • Major renovations or alterations are application must be received at the will be made after it is determined prohibited activities because these address below by 4:30 p.m. eastern time whether the application meets the activities are not authorized under the on or before the closing date. requirements for eligibility as set forth Native American Programs Act of 1974 Applications that are hand delivered in 45 CFR 1336, Subpart C, but before as amended. Minor alterations, as will be accepted between the hours of funding decisions are complete [See defined in this announcement, may be 8 a.m. to 4:30 p.m. eastern time, Section I. Funding Opportunity allowable. Monday through Friday. Applications

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should be delivered to: Tim Chappelle, achieving intended performance. Project that might accelerate or decelerate the U.S. Department of Health and Human descriptions are evaluated on the basis work and state your reason for taking Services, Administration for Children of substance and measurable outcomes, the proposed approach rather than and Families, Office of Grants not length. Extensive exhibits are not others. Describe any unusual features of Management—Discretionary Grants, required. Cross-referencing should be the project such as design or ACF Mail Room, Second Floor Loading used rather than repetition. Supporting technological innovations, reductions in Dock, Aerospace Center, 901 D Street information concerning activities that cost or time, or extraordinary social and SW., Washington, DC 20447. will not be directly funded by the grant community involvement. or information that does not directly Provide quantitative monthly or V. Application Review Information pertain to an integral part of the grant quarterly projections of the The Paperwork Reduction Act of 1995 funded activity should be placed in an accomplishments to be achieved for (Pub. L. 104–13) appendix. Pages should be numbered each function or activity in such terms Public reporting burden for this and a table of contents should be as the number of people to be served and the number of activities collection of information is estimated to included for easy reference. accomplished. When accomplishments average 20 hours per response, Introduction cannot be quantified by activity or including the time for reviewing function, list them in chronological instructions, gathering and maintaining Applicants required to submit a full order to show the schedule of the data needed and reviewing the project description shall prepare the project description statement in accomplishments and their target dates. collection information. If any data is to be collected, The project description is approved accordance with the following maintained, and/or disseminated, under OMB control number 0970–0139 instructions while being aware of the specified evaluation criteria. The text clearance may be required from the U.S. which expires 4/30/2007. Office of Management and Budget An agency may not conduct or options give a broad overview of what (OMB). This clearance pertains to any sponsor, and a person is not required to your project description should include ‘‘collection of information that is respond to, a collection of information while the evaluation criteria identifies conducted or sponsored by ACF.’’ unless it displays a currently valid OMB the measures that will be used to evaluate applications. List organizations, cooperating control number. entities, consultants, or other key 1. Criteria Project Summary/Abstract individuals who will work on the project, along with a short description of The following are instructions and Provide a summary of the project the nature of their effort or contribution. guidelines on how to prepare the description (a page or less) with ‘‘project summary/abstract’’ and ‘‘full reference to the funding request. Organizational Profiles project description’’ sections of the Objectives and Need for Assistance Provide information on the applicant application. Under the evaluation Clearly identify the physical, organization(s) and cooperating criteria section, note that each criterion economic, social, financial, partners, such as organizational charts, is preceded by the generic evaluation institutional, and/or other problem(s) financial statements, audit reports or requirement under the ACF Uniform requiring a solution. The need for statements from CPAs/Licensed Public Project Description (UPD). assistance must be demonstrated and Accountants, Employer Identification Part I—The Project Description the principal and subordinate objectives Numbers, names of bond carriers, Overview of the project must be clearly stated; contact persons and telephone numbers, supporting documentation, such as child care licenses and other Purpose letters of support and testimonials from documentation of professional The project description provides a concerned interests other than the accreditation, information on major means by which an application is applicant, may be included. Any compliance with Federal/State/local evaluated and ranked to compete with relevant data based on planning studies government standards, documentation other applications for available should be included or referred to in the of experience in the program area, and assistance. The project description endnotes/footnotes. Incorporate other pertinent information. If the should be concise and complete and demographic data and participant/ applicant is a non-profit organization, should address the activity for which beneficiary information, as needed. In submit proof of non-profit status in its Federal funds are being requested. developing the project description, the application. Supporting documents should be applicant may volunteer or be requested The non-profit agency can accomplish included where they can present to provide information on the total this by providing: (a) A reference to the information clearly and succinctly. In range of projects currently being applicant organization’s listing in the preparing your project description, conducted and supported (or to be Internal Revenue Service’s (IRS) most information responsive to each of the initiated), some of which may be recent list of tax-exempt organizations requested evaluation criteria must be outside the scope of the program described in the IRS Code; (b) a copy of provided. Awarding offices use this and announcement. a currently valid IRS tax exemption other information in making their certificate, (c) a statement from a State funding recommendations. It is Results or Benefits Expected taxing body, State attorney general, or important, therefore, that this Identify the results and benefits to be other appropriate State official information be included in the derived. certifying that the applicant application in a manner that is clear and organization has a non-profit status and Approach complete. that none of the net earnings accrue to Outline a plan of action that describes any private shareholders or individuals; General Instructions the scope and detail of how the (d) a certified copy of the organization’s ACF is particularly interested in proposed work will be accomplished. certificate of incorporation or similar specific project descriptions that focus Account for all functions or activities document that clearly establishes non- on outcomes and convey strategies for identified in the application. Cite factors profit status, (e) any of the items

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immediately above for a State or Travel project(s) or businesses to be financed national parent organization and a Description: Costs of project-related by the applicant. Justification: Demonstrate that all statement signed by the parent travel by employees of the applicant procurement transactions will be organization that the applicant organization (does not include costs of conducted in a manner to provide, to organization is a local non-profit consultant travel). affiliate. the maximum extent practical, open and Justification: For each trip, show the free competition. Recipients and Budget and Budget Justification total number of traveler(s), travel subrecipients, other than States that are Provide a budget with line item detail destination, duration of trip, per diem, required to use Part 92 procedures, must and detailed calculations for each mileage allowances, if privately owned justify any anticipated procurement budget object class identified on the vehicles will be used, and other action that is expected to be awarded Budget Information form. Detailed transportation costs and subsistence without competition and exceed the calculations must include estimation allowances. Travel costs for key staff to simplified acquisition threshold fixed at methods, quantities, unit costs, and attend ACF-sponsored workshops 41 U.S.C. 403(11) (currently set at other similar quantitative detail should be detailed in the budget. $100,000). sufficient for the calculation to be Equipment Recipients might be required to make duplicated. Also include a breakout by available to ACF pre-award review and Description: ‘‘Equipment’’ means an the funding sources identified in Block procurement documents, such as article of nonexpendable, tangible 15 of the SF–424. request for proposals or invitations for Provide a narrative budget personal property having a useful life of bids, independent cost estimates, etc. more than one year and an acquisition justification that describes how the Note: Whenever the applicant intends to categorical costs are derived. Discuss cost which equals or exceeds the lesser of (a) the capitalization level established delegate part of the project to another agency, the necessity, reasonableness, and the applicant must provide a detailed budget allocability of the proposed costs. by the organization for the financial and budget narrative for each delegate statement purposes, or (b) $5,000. (Note: agency, by agency title, along with the General Acquisition cost means the net invoice required supporting information referred to Use the following guidelines for unit price of an item of equipment, in these instructions. preparing the budget and budget including the cost of any modifications, justification. Both Federal and non- attachments, accessories, or auxiliary Other Federal resources shall be detailed and apparatus necessary to make it usable Enter the total of all other costs. Such justified in the budget and narrative for the purpose for which it is acquired. costs, where applicable and appropriate, justification. ‘‘Federal resources’’ refers Ancillary charges, such as taxes, duty, may include but are not limited to only to the ACF grant for which you are protective in-transit insurance, freight, insurance, food, medical and dental applying. ‘‘Non-Federal resources’’ are and installation shall be included in or costs (noncontractual), professional all other Federal and non-Federal excluded from acquisition cost in services costs, space and equipment resources. It is suggested that budget accordance with the organization’s rentals, printing and publication, amounts and computations be presented regular written accounting practices.) computer use, training costs, such as in a columnar format: first column, Justification: For each type of tuition and stipends, staff development object class categories; second column, equipment requested, provide a costs, and administrative costs. Federal budget; next column(s), non- description of the equipment, the cost Justification: Provide computations, a Federal budget(s), and last column, total per unit, the number of units, the total narrative description and a justification budget. The budget justification should cost, and a plan for use on the project, for each cost under this category. be a narrative. as well as use or disposal of the equipment after the project ends. An Indirect Charges Personnel applicant organization that uses its own Description: Total amount of indirect Description: Costs of employee definition for equipment should provide costs. This category should be used only salaries and wages. a copy of its policy or section of its when the applicant currently has an Justification: Identify the project policy which includes the equipment indirect cost rate approved by the director or principal investigator, if definition. Department of Health and Human known. For each staff person, provide Services (HHS) or another cognizant Supplies the title, time commitment to the project Federal agency. (in months), time commitment to the Description: Costs of all tangible Justification: An applicant that will project (as a percentage or full-time personal property other than that charge indirect costs to the grant must equivalent), annual salary, grant salary, included under the Equipment category. enclose a copy of the current rate wage rates, etc. Do not include the costs Justification: Specify general agreement. If the applicant organization of consultants or personnel costs of categories of supplies and their costs. is in the process of initially developing delegate agencies or of specific Show computations and provide other or renegotiating a rate, upon notification project(s) or businesses to be financed information which supports the amount that an award will be made, it should by the applicant. requested. immediately develop a tentative indirect cost rate proposal based on its most Fringe Benefits Contractual recently completed fiscal year, in Description: Costs of employee fringe Description: Costs of all contracts for accordance with the cognizant agency’s benefits unless treated as part of an services and goods except for those that guidelines for establishing indirect cost approved indirect cost rate. belong under other categories such as rates, and submit it to the cognizant Justification: Provide a breakdown of equipment, supplies, construction, etc. agency. Applicants awaiting approval of the amounts and percentages that Include third party evaluation contracts their indirect cost proposals may also comprise fringe benefit costs such as (if applicable) and contracts with request indirect costs. When an indirect health insurance, FICA, retirement secondary recipient organizations, cost rate is requested, those costs insurance, taxes, etc. including delegate agencies and specific included in the indirect cost pool

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should not also be charged as direct results and benefits section of the OWP, organization, and describe a costs to the grant. Also, if the applicant the applicant must provide quantitative community-based project delivery is requesting a rate which is less than quarterly projections of the strategy. National and Regional what is allowed under the program, the accomplishments to be achieved for organizations must also identify their authorized representative of the each function or activity. The extent to membership and specifically discuss applicant organization must submit a which the applicant can effectively how the organization operates and signed acknowledgement that the demonstrate that they have adequate impacts Native American people and applicant is accepting a lower rate than knowledge of the information and communities. Proposed project allowed. services provided by domestic violence objectives support the identified need coalitions within their community. and must be measurable. Program Income The applicant must also include the Description: The estimated amount of names and activities of any Budget and Budget Justification—15 income, if any, expected to be generated organizations, consultants, or other key Points from this project. individuals who will contribute to the Budget and Budget Justification/Cost Justification: Describe the nature, project, utilizing the column for Non- Effectiveness: An applicant must submit source and anticipated use of program Salaried Personnel to list the hours an itemized budget detailing the income in the budget or refer to the incurred for these activities. The applicant’s Federal and non-Federal pages in the application which contain applicant must discuss ‘‘Leveraged share and cite source(s) of funding. The this information. Resources’’ (see Definitions) used to applicant must provide a detailed line- strengthen and broaden the impact of item Federal and Non-Federal share Non-Federal Resources the proposed project. The applicant budget by year for each year of project Description: Amounts of non-Federal must discuss how commitments and funds requested. A budget justification resources that will be used to support contributions from other entities will narrative to support the line-item budget the project as identified in Block 15 of enhance the project. Applicants must request must be included for each year the SF–424. discuss the relationship of non-ANA of project funds requested. The budget Justification: The firm commitment of funded activities to those objectives and must include a line-item justification for these resources must be documented activities that will be funded with ANA each Object Class Category listed under and submitted with the application so grant funds. Section B ‘‘Budget Categories’’ of the SF the applicant is given credit in the 424 A ‘‘Budget Information-Non review process. A detailed budget must Objectives and Need for Assistance—20 Construction Programs’’ form. The line- be prepared for each funding source. Points item budget and budget justification Evaluation Criteria: The following Need for Assistance: Applicant must narrative must include the necessary evaluation criteria appear in weighted show a clear relationship between the details to facilitate the determination of descending order. The corresponding proposed project, the social and allowable costs and the relevance of score values indicate the relative economic development strategy, and the these costs to the proposed project. importance that ACF places on each community’s long-range goals. The need The non-Federal budget share must evaluation criterion; however, for assistance must clearly identify the identify the source and be supported by applicants need not develop their physical, economic, social, financial, letters of commitment (see Definitions). applications precisely according to the governmental, and institutional Letters of commitment are binding order presented. Application challenges and problem(s) requiring a when they specifically state the nature, components may be organized such that solution that supports the funding the amount, and conditions under a reviewer will be able to follow a request. Describe the community (see which another agency or organization or seamless and logical flow of information Definitions) to be affected by the project individual will support a project. These (i.e., from a broad overview of the and the community involvement in the resources may be human, natural, or project to more detailed information project. The applicant must describe the financial, and may include other about how it will be conducted). community’s long-range goals, the Federal and non-Federal resources. In considering how applicants will community planning process, and how Statements that additional funding will carry out the responsibilities addressed the project supports the community be sought from other specific sources under this announcement, competing goals. The applicant must describe how are not considered a binding applications for financial assistance will the proposed goals, objectives, and commitment of outside resources. be reviewed and evaluated against the activities reflect either the economic Letters of Support merely express following criteria: and social development or governance another organization’s endorsement of a needs of the local community. Discuss proposed project. Support letters are not Approach—25 Points the geographic location of the project binding commitment letters, as they do Project Approach: The applicant’s and where the project and grant will be not factually establish the authenticity narrative must be clear and concise. The administered. Applicant must describe of other resources and do not offer or narrative must include a detailed project how the proposed project objectives and bind specific resources to the project. description with goals and objectives. It activities relate to a locally determined If an applicant plans to charge or must discuss the project strategy and strategy. otherwise seek credit for indirect costs implementation plan over the project The applicant must provide in its ANA application, a copy of its period. The applicant must use the documentation of the community’s current Indirect Cost Rate Agreement Objective Work Plan (OWP) form to support for the proposed project. must be included in the application, identify the project objectives, time Applications from National and with all costs broken down by category frames, proposed activities, results and Regional organizations must clearly so ANA reviewers can be certain that no benefits expected and criteria for demonstrate a need for the project, budgeted line items are included in the evaluating results and benefits, as well explain how the project originated, indirect cost pool. Applicants that do as the individuals responsible for identify the intended beneficiaries, not submit a current Indirect Cost Rate completing the objectives and describe and relate the actual project Agreement may not be able to claim the performing the activities. Within the benefits to the community and allowable cost, may have the grant

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award amount reduced, or may (b) Amount of dollars leveraged beyond implementation plan. Applicants are experience a delay in grant award. the required NFS match. The applicant required to affirm that they will credit Applicants are strongly encouraged to must also choose three indicators from the Administration for Native include sufficient funds for principal the list below or submit three other Americans, and reference the ANA representatives, such as the applicant’s project specific indicators: (1) Number funded project on any audio, video, chief financial officer or project director of infrastructures and administrative and/or printed materials developed in to travel to one ANA post-award grant systems, including policies and whole or in part with ANA funds. training and technical assistance procedures developed and Applicants must list all current workshop. This expenditure is implemented; (2) Number of people to sources of Federal funding, the agency, allowable for new grant recipients and successfully complete a workshop/ purpose, amount, and provide the most optional for grantees that have had training; (3) Number of children, youth, recent certified signed audit letter for previous ANA grant awards. Applicants families or elders assisted or the organization to be included in Part may also include costs for two staff participating; (4) Number of volunteer One of the application. If the applicant persons to attend the ACF National hours; (5) Number of faith-based and has audit exceptions, these issues must Native American Conference, Marriage community-based partnerships; (6) be discussed in this criterion. Best Practices Conference, and an ACF Number of jobs created. Applicants must provide ‘‘staffing and Consultation Conference. The applicant should discuss the position data’’ to include a proposed Cost Effectiveness: This section of the projects value and long-tem impact to staffing pattern for the project where the criterion reflects ANA’s concern with the participants and the community and applicant highlights the new project ensuring that the expenditure of its explain how the information relates to staff. Positions discussed in this section limited resources yields the greatest the proposed project goals, objectives must match the positions identified in benefit possible in achieving economic and outcomes. The applicant should the Objective Work Plan and in the and social self-sufficiency for Native discuss how the project will be proposed budget. Applicant must American communities. Applicants complete, self-sustaining, or supported provide a paragraph of the duties and demonstrate this by: summarizing by other than ANA funds at the end of skills required for the proposed staff and partnerships and the efficient use of the project period. Applicants should a paragraph on qualifications and leveraged resources; explaining the discuss and present objectives and goals experience of current staff. Full position impact on the identified community to be achieved and evaluated at the end descriptions are required to be through measurable project outcomes, of each budget period or quarter (if submitted and included in the and presenting a project that is applicable). Project outcomes should Appendix. Applicant must explain how completed, self-sustaining or supported support the identified need and should the current and future staff will manage by other than ANA funds by the end of be measurable and quantifiable. the project period. ANA suggests applicants describe a the proposed project. Brief biographies logic model that presents the conceptual of key positions or individuals must be Results or Benefits Expected—15 Points framework for the proposed project and included. Note: Applicants are strongly Project Impact/Evaluation: the linkages among the project elements. encouraged to give preference to In this criterion, the applicant will While there are many versions of the qualified Native Americans in hiring discuss the ‘‘Impact Indicators’’ (see logic model, they generally summarize project staff and in contracting services Definitions) and the benefits expected as the logical connections among the needs under an approved ANA grant. a result of this project. Impact indicators that are the focus of the project, project If applicable, applicant must identify identify qualitative and quantitative goals and objectives, the target consortium membership. The data directly associated with the project. population, project resources, the consortium applicant must be the Each applicant must submit five impact proposed activities/processes/outcomes recipient of the funds. A consortium indicators to support the applicant’s directed toward the target population, applicant must be an ‘‘eligible entity’’ as project. Two of the five are standard and the expected short- and long-term defined by this Program Announcement required across all ANA programs. For outcomes the initiative is designed to and the ANA regulations. Consortium each impact indicator submitted the achieve, and the evaluation plan for applicants must include documentation applicant must discuss the relevance of measuring the extent to which proposed (a resolution adopted pursuant to the the impact indicator to the project, the processes and outcomes actually occur. organization’s established procedures method used to track the indicator, and and signed by an authorized the method used to determine project Organizational Profiles—15 Points representative) from all consortium success. Impact indicators will be Organizational Capacity: In this members supporting the ANA reported to ANA in the grantee’s criterion, the application provides application. An application from a quarterly report. The applicant must information on the management consortium must have goals and indicate a target number to be achieved structure of the applicant and the objectives that will create positive for the required standard impact organizational relationships with its impacts and outcomes in the indicators. In addition to the two cooperating partners. Applicants and communities of its members. ANA will standard required impact indicators, an their partner organizations (if any) not fund activities by a consortium of applicant must also submit three should demonstrate experience and tribes that duplicate activities for which additional impact indicators. These background in providing family support member Tribes also receive funding three impact indicators may be selected and healthy marriage activities. Include from ANA. The consortium application from the suggested list given below, or an organizational chart that indicates must identify the role and responsibility they may be developed for the specific where the proposed project will fit in of each participating consortia member proposed project, or the applicant may the existing structure. Demonstrate and a copy of the consortia legal submit a combination of both the ANA experience in the program area. agreement or Memoranda of Agreement suggested indicators and applicant Describe the administrative structure, to support the proposed project. project-specific indicators. The two and the applicant’s ability to administer If relevant to the project, applicants standard required impact indicators are; and implement a project of the proposed must provide a Business Plan or any (a) Number of partnerships formed; and scope and its capacity to fulfill the Third-Party Agreements in the

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appendices. (Not counted in Appendix regarding funding decisions prior to the announcement, and the availability of page limit). official applicant notification. After the appropriated funds. The Commissioner Commissioner has made decisions on Introduction Project Summary/ reserves the right to award more, or less, all applications, unsuccessful applicants Abstract—10 Points than the funds described or under such will be notified in writing within 90 circumstances as may be deemed to be Introduction and Project Summary/ days. The notification will include the in the best interest of the Federal Application Format: Using the ANA reviewer comments. Applicants are not Government. Applicants may be Project Abstract form (OMB Control ranked based on general financial need. required to reduce the scope of projects Number 0980–0204, Exp. 10/31/2006), Applicants, who are initially excluded based on the amount of approved the applicant must include: the name of from competition because of award. the applicant, the project title, the ineligibility, may appeal the agency’s Federal amount requested, the amount decision. Applicants may also appeal an Since ACF will be using non-Federal of matching funds to be provided, ANA decision that an applicant’s reviewers in the process, applicants length of time required to accomplish proposed activities are ineligible for have the option of omitting from the the project, the goal of the project, a list funding consideration. The appeals application copies (not the original) of the project objectives (not activities), process is stated in the final rule specific salary rates or amounts for the estimated number of people to be published in the Federal Register on individuals specified in the application served, and the expected outcomes of August 19, 1996 (61 FR 42817 and 45 budget and Social Security Numbers, if the project. CFR part 1336, subpart C). otherwise required for individuals. The In addition to the Project Abstract Competitive Review Process: copies may include summary salary form, the applicant will provide an Applications that pass the initial ANA information. introductory narrative that includes: an screening process will be analyzed, Approved but Unfunded overview of the project, a description of evaluated and rated by a review panel Applications: Applications that are the community to be served, the on the basis of the Evaluation Criteria. approved but unfunded may be held location of the identified community, a The evaluation criteria were designed to over for funding in the next funding declarative statement identifying the analyze and assess the quality of a cycle, pending the availability of funds, need for the project, and a brief proposed community-based project, the for a period not to exceed one year. overview of the project objectives, likelihood of its success, and the ability strategy and community or of ANA to monitor and evaluate 3. Anticipated Announcement and organizational impact. community impact and long-term Award Dates Application Format: Applicants are results. The evaluation criteria and required to submit applications in a analysis are closely related and are Approximately 120 days after the standard format, following the ANA wholly considered in judging the overall application due date, the successful requirements on application length, quality of an application. In addition, applicants will be notified by mail font, numbering, line spacing, etc. the evaluation criteria standardizes the through the issuance of a Financial Please refer to Section IV Part 2, review of each application and Assistance Award document which will ‘‘Content and Form of Application distributes the number of points more set forth the amount of funds granted, Submission’’ for detailed formatting equitably. Applications will be the terms and conditions of the grant, instructions. evaluated in accordance with the the effective date of the grant, the 2. Review and Selection Process program announcement criteria and budget period for which initial support ANA’s program areas of interest. A will be given, the non-Federal share to No grant award will be made under determination will be made as to be provided and the total project period this announcement on the basis of an whether the project is an effective use for which support is contemplated. The incomplete application. of Federal funds. Financial Assistance Award will be Initial Screening: Each application Application Review Criteria: signed by the Grants Officer and sent to submitted under an ANA program Applicants will be reviewed based on the applicants Authorizing Official. announcement will undergo a pre- the following criteria and points: ANA’s Applications not funded in this review screening for: (a) timeliness-the six criteria categories are Introduction competition will be notified in writing. application was received by 4:30 pm and Project Summary/Application eastern time on the closing date; (b) the Format; Need for Assistance; Project VI. Award Administration Information applicant has submitted a current dated Approach; Organizational Capacity; 1. Award Notices and signed resolution from the Project Impact/Evaluation; and Budget governing body; (c) the federal request and Budget Narrative/Cost The successful applicants will be does not exceed the upper value of the Effectiveness. notified through the issuance of a dollar range specified; and, (d) if the Application Consideration: The Financial Assistance Award document applicant is not a Tribe or Alaska Native Commissioner’s funding decision is which sets forth the amount of funds village government, there is proof a based on an analysis of the application granted, the terms and conditions of the majority of the board of directors is by the review panel, panel review scores grant, the effective date of the grant, the representative of the community to be and recommendations; an analysis by budget period for which initial support served. An application that does not ANA staff; review of previous ANA meet one of the above elements will be grantee’s past performance; comments will be given, the non-Federal share to determined to be incomplete and from State and Federal agencies having be provided (if applicable), and the total excluded from the competitive review contract and grant performance related project period for which support is process. Applicants, with incomplete information; and other interested contemplated. The Financial Assistance applications, will be notified by mail parties. The Commissioner makes grant Award will be signed by the Grants within 30 business days from the awards consistent with the purpose of Officer and transmitted via postal mail. closing date of this program the Native American Programs Act Organizations whose applications will announcement. ANA staff cannot (NAPA), all relevant statutory and not be funded will be notified in respond to requests for information regulatory requirements, this program writing.

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2. Administrative and National Policy Washington, DC 20447, Phone: 202– under the Refugee Resettlement Program Requirements 401–2344; Email: (RRP). The final notice will reflect Grantees are subject to the [email protected]. amounts adjusted based upon final adjustments to FY 2002, FY 2003 and requirements in 45 CFR part 74 (non- VIII. Other Information governmental) or 45 CFR part 92 FY 2004 (October 1, 2001 through (governmental); 45 CFR part 1336, Notice: Beginning with FY 2006, the September 30, 2004) data submitted to subpart C; and, 42 U.S.C. 2991 et seq.— Administration for Children and Families ORR by States. Native American Programs Act of 1974. (ACF) will no longer publish grant FOR FURTHER INFORMATION CONTACT: announcements in the Federal Register. Direct Federal grants, subaward Kathy Do, Division of Budget, Policy, Beginning October 1, 2005 applicants will be and Data Analysis (BPDA), telephone: funds, or contracts under this Program able to find a synopsis of all ACF grant shall not be used to support inherently opportunities and apply electronically for (202) 401–4579, e-mail: religious activities such as religious opportunities via: http://www.Grants.gov. [email protected]. instruction, worship, or proselytization. Applicants will also be able to find the SUPPLEMENTARY INFORMATION: Therefore, organizations must take steps complete text of all ACF grant I. Amounts for Allocation to separate, in time or location, their announcements on the ACF Web site located inherently religious activities from the at: http://www.acf.hhs.gov/grants/index.html. The Office of Refugee Resettlement services funded under this Program. Training and Technical Assistance: (ORR) has available (after rescission and Regulations pertaining to the Equal All potential ANA applicants are adjustments) $164,888,000 in Fiscal Treatment For Faith-Based eligible to receive free T&TA in this Year 2005 refugee social service funds Organizations, which includes the program area. Prospective applicants as part of the FY 2005 appropriation prohibition against Federal funding of must check ANA’s Web site for training under the Consolidated Appropriations inherently religious activities, can be and technical assistance dates and Act, 2005, (Pub. L. 108–447). This found at either 45 CFR 87.1 or the HHS locations, or contact the ANA Help Desk amount reflects a rescission of 0.008 Web site at: http://www.os.dhhs.gov/ at 1–877–922–9262. applied across the board to all line fbci/waisgate21.pdf. Please reference Section IV.3 for items. details about acknowledgement of The FY 2005 Conference Report (H. 3. Reporting Requirements received applications. Rpt. No. 108–792) reads as follows with Program Progress Reports: Quarterly. Dated: May 24, 2005. respect to Refugee and Entrant Financial Reports: Quarterly. Kimberly Romine, Assistance: An original and one copy of each Deputy Commissioner, Administration for ‘‘The conference agreement includes performance report and financial status Native Americans. $488,336,000 for the refugee and entrant report must be submitted to the Grants [FR Doc. 05–10661 Filed 5–26–05; 8:45 am] assistance programs rather than $491,336,000 as proposed by the House and $477,239,000 Officer. Failure to submit these reports BILLING CODE 4184–01–P when required will mean the grantee is as proposed by the Senate * * * non-compliant with the terms and The conference agreement provides conditions of the grant award and $166,218,000 for social services, the same DEPARTMENT OF HEALTH AND level as proposed in the House bill. The subject to administrative action or HUMAN SERVICES Senate had proposed $155,121,000 for this termination. Program Progress reports program. Within the funds provided, the are submitted 30 days after each quarter Administration for Children and conference agreement includes $19,000,000 (3-month intervals) of the budget period. Families as outlined in the House report. The conferees intend that funds provided above The final Program Progress report, due [CFDA No.: 93.566, Refugee Assistance— the request for social services shall be used 90 days after the project period end State Administered Programs] date, shall cover grantee performance for refugee school impact grants and for during the entire project period. All Office of Refugee Resettlement; additional assistance in resettling and grantees shall use the SF 269 (Long meeting the needs of the Hmong and Somali Proposed Notice of Allocations to Bantu refugees expected to arrive during Form) to report the status of funds. States of FY 2005 Funds for Refugee 2004 and 2005. Financial Status Reports are submitted Social Services The conferees also urge the Office of 30 days after each quarter (3-month Refugee Resettlement to continue supporting AGENCY: intervals) of the budget period. The final Office of Refugee Resettlement discretionary grant activities, such as the SF 269 report shall be due 90 days after (ORR), ACF, HHS. individual development accounts, the end of the project period. In ACTION: Proposed notice of allocations to community service employment, and elderly addition, these demonstration projects States of FY 2005 funds for refugee refugee programs to the extent they have will participate in monthly regional social services. been successful in integrating refugees into society and promoting their self sufficiency.’’ conference calls to discuss the SUMMARY: This notice establishes the The House Committee Report, H. Rpt. implementation of the NAHMI project. proposed allocations to States of FY 1 No. 108–636 states under Social VII. Agency Contacts 2005 funds for refugee social services Services: Program Office Contact: ANA 1 Eligibility for refugee social services include ‘‘The Committee provides $166,218,000 for Applicant Help Desk, Aerospace Center, refugees, asylees, Cuban and Haitian entrants, social services. This is $15,097,000 more 8th Floor West, 370 L’Enfant Promenade certain Amerasians from Viet Nam who are than the budget request and $14,000,000 SW., Washington, DC 20447, Phone: admitted to the U.S. as immigrants, certain more than the fiscal year 2004 level. Funds 877–922–9262; Email: [email protected]. Amerasians from Viet Nam who are U.S. citizens, are distributed by formula as well as through and victims of a severe form of trafficking who the discretionary grant making process for Grants Management Office Contact: receive certification or eligibility letters from ORR, Tim Chappelle, Administration for and certain other specified family members. See 45 special projects. The Committee intends that Children and Families, Office of Grants CFR 400.43 and ORR State Letter #01–13 on the Trafficking Victims Protection Act, dated May 3, The term ‘‘refugee,’’ used in this notice for Management, Division of Discretionary 2001, as modified by ORR State Letter #02–01, convenience, is intended to encompass such Grants Aerospace Center—8th Floor January 4, 2002, and ORR State Letter #04–12, June additional persons who are eligible to participate in West, 370 L’Enfant Promenade SW., 18, 2004. refugee program services.

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funds provided above the request shall be Section IV. Basis of Population Letter No. 00–12, effective June 15, used for Refugee School Impact Grants and Estimates.) 2000, as clarified by ORR State Letter for additional assistance in resettling and The Director proposes to allocate No. 00–15, August 3, 2000). Victims of meeting the needs of the Hmong refugees $77,136,460 to States on the basis of a severe form of trafficking who have expected to arrive during 2004 and 2005. each State’s proportion of the national received a certification or eligibility Within the funds provided, the Committee has included $19,000,000 for increased population of refugees who have been in letter from ORR and certain other support to communities with large the U.S. three years or less as of October specified family members are eligible concentrations of Cuban and Haitian refugees 1, 2004 (including a floor amount for from the date on the certification letter of varying ages whose cultural differences States that have small refugee (see ORR State Letter No. 01–13, May 3, make assimilation especially difficult, populations). Of the amount proposed 2001, as modified by ORR State Letter justifying a more intense level and longer to be awarded, approximately $6.4 No. 02–01, January 4, 2002, and ORR duration of Federal assistance for healthcare million is expected to be awarded to State Letter, No.04–12, June 18, 2004). and education.’’ Wilson/Fish Alternative Projects Services to refugees must be provided ORR intends to use the $164,888,000 providing social services. As previously in accordance with the rules of 45 CFR appropriated (after rescission) for FY stated, $2,000,000 will be allocated as a part 400 Subpart I—Refugee Social 2005 social services as follows: set-aside for citizenship and Services. Although the allocation • $77M will be allocated under the 3- naturalization preparation services for formula is based on the 3-year refugee year population (FYs 2002, 2003, and the elderly. population (FYs 2002, 2003, and 2004), 2004) formula, as set forth in this notice The use of the 3-year population base States may provide services to refugees for the purpose of providing in the allocation formula is required by who have been in the country up to 60 employment services and other needed section 412(c)(1)(B) of the Immigration months (5 years), with the exception of services to refugees. and Nationality Act (INA) which states referral and interpreter services and that ‘‘funds available for a fiscal year for • $2M will be allocated under the 3- citizenship and naturalization grants and contracts [for social services] year population formula, as a set-aside preparation services for which there is * * * shall be allocated among the for citizenship and naturalization no time limitation (45 CFR 400.152(b)). States based on the total number of Under waiver authority at 45 CFR preparation services for the elderly. refugees (including children and adults) 400.300, the Director of ORR may issue • Approximately $17M is expected to who arrived in the United States not a waiver of the limitation on eligibility be awarded as new social service more than 36 months before the for social services contained in 45 CFR discretionary grants under new and beginning of such fiscal year and who 400.152(b). There is no blanket waiver prior year standing competitive grant are actually residing in each State of this provision in effect for FY 2004. announcements issued separately from (taking into account secondary States may apply for a waiver of 45 CFR this proposed notice. migration) as of the beginning of the 400.152(b) in writing to the Director of • Approximately $19M is expected to fiscal year.’’ ORR. Each waiver request will be be awarded to serve communities most As established in the FY 1992 social reviewed based on supporting data and heavily affected by recent Cuban and services notice published in the Federal information provided. The Director of Haitian entrant and refugee arrivals. Register on August 29, 1991, section I, ORR will approve or disapprove each These funds will be awarded under a ‘‘Allocation Amounts’’ (56 FR 42745), a waiver request as expeditiously as prior year separate announcement. • variable floor amount for States which possible. Approximately $24M is expected to have small refugee populations is A State must, however, have an be awarded through discretionary grants calculated as follows: If the application approved State plan for the Cuban/ for continuation of awards made in of the regular allocation formula yields Haitian Entrant Program or indicate in prior years. less than $100,000, then— its refugee program State plan that • Approximately $15M in FY 2005 (1) A base amount of $75,000 is Cuban/Haitian entrants will be served in social services funding will be awarded provided for a State with a population order to use funds on behalf of entrants under a separate announcement for of 50 or fewer refugees who have been as well as refugees. educational support to schools with a in the U.S. 3 years or less; and Allowable social services are those significant proportion of refugee (2) For a State with more than 50 indicated in 45 CFR 400.154 and children, consistent with previous refugees who have been in the U.S. 3 400.155. Additional services not support to schools heavily impacted by years or less: (a) A floor has been included in these sections that the State large concentrations of refugees. calculated consisting of $50,000 plus may wish to provide must be submitted • Approximately $9.6M is reserved the regular per capita allocation for to and approved by the Director of ORR for future distribution. refugees above 50 up to a total of as required under 45 CFR 400.155(h). $100,000 (in other words, the maximum Refugee Social Service Funds Service Priorities under the floor formula is $100,000); (b) The FY 2005 population figures that if this calculation has yielded less than In accordance with 45 CFR 400.147, have been used for this proposed $75,000, a base amount of $75,000 is States are required to provide social formula social services allocation provided for the State. services to refugees in the following include refugees, Amerasians from Viet order of priority, except in certain Nam, Cuban/Haitian entrants, Havana Population To Be Served and Allowable individual extreme circumstances: (a) parolees, asylees, and victims of severe Services All newly arriving refugees during their forms of trafficking for FYs 2002, 2003, Eligibility for refugee social services first year in the U.S. who apply for and 2004. These population figures includes persons who meet all services; (b) refugees who are receiving were adjusted in the proposed requirements of 45 CFR 400.43 (see cash assistance; (c) unemployed allocation to reflect more accurate Footnote 1 on page 1 for service refugees who are not receiving cash information on arrivals, secondary populations). In addition, persons assistance; and (d) employed refugees in migration (including that of victims of granted asylum are eligible for refugee need of services to retain employment severe forms of trafficking), asylees, and benefits and services from the date that or to attain economic independence. In entrant data submitted by States. (See asylum was granted (See ORR State order for refugees to leave Temporary

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Assistance for Needy Families (TANF) to be allocated to States in accordance by ORR to submit the data on asylees, quickly, States should, to the extent with the formula specified in A. below. entrants, and/or family members of possible, ensure that all newly arriving A. A State’s allowable formula victims of a severe form of trafficking refugees receive refugee-specific allocation is calculated as follows: served during FY 2004. Data for each services designed to address the 1. The total amount of funds population group was to be submitted employment barriers that refugees determined by the Director to be separately on an EXCEL spreadsheet. typically face. available for this purpose; divided by The spreadsheet(s) was due at ORR on ORR encourages States to re-examine 2. The total number of refugees, February 8, 2005, as an attachment to an the range of services they currently offer Cuban/Haitian entrants, parolees, and e-mail to: [email protected]. States to refugees. Those States that have had Amerasians from Viet Nam, as shown by that did not respond to the December success in helping refugees achieve the ORR Refugee Arrivals Data System 20, 2004 request are hereby notified that early employment may find it to be a (RADS) for FYs 2002, 2003, and 2004, ORR will accept data from States in good time to expand beyond the and victims of severe forms of response to this proposed social services provision of basic employment services trafficking as shown by the certification notice. Data to be submitted by States and address the broader needs that and eligibility letters issued by ORR, will be verified by ORR against the ORR refugees have in order to enhance their who arrived in the United States not arrival database (RADS), and ability to maintain financial security more than 3 years prior to the beginning adjustments may be included, as a result and to successfully integrate into the of the fiscal year for which the funds are of this process, in the final notice of community. Other States may need to appropriated. This total also includes social service allocation for FY 2005. reassess the delivery of employment the total number of asylees who have Deadline for submission of data or services in light of local economic been served by a State through its comments to ORR is 30 days from conditions and develop new strategies refugee resettlement or social services publication of this proposed notice. to better serve the newly arriving system in FYs 2002, 2003, and 2004. This is the final opportunity for States refugee groups. The resulting per capita amount is to submit data to ORR on the number of States should also be aware that ORR multiplied by— asylees, entrants or family members of 3. The number of persons in item 2, will make social services formula funds trafficking victims served during FY above, in the State as of October 1, 2004, available to pay for social services that 2004. The EXCEL format for data adjusted for estimated secondary are provided to refugees who participate submission is available from Kathy Do migration. in Wilson/Fish projects which can be by e-mail at [email protected]. The calculation above yields the As previously stated, ORR proposed administered by public or private non- formula allocation for each State. profit agencies, including refugee, faith- formula social service allocations for the Minimum allocations for small States States for FY 2005 are based on the based and community organizations. are taken into account. Section 412(e)(7)(A) of the INA provides numbers of refugee arrivals, that: IV. Basis of Population Estimates Amerasians, entrants, Havana parolees, asylees, and victims of a severe form of The Secretary [of HHS] shall develop and The population estimates for the trafficking. Refugee numbers are based implement alternative projects for refugees proposed allocation of funds in Fiscal upon the arrivals during the preceding who have been in the United States less than Year 2005 for the formula social service FYs 2002, 2003, and 2004 adjusted as of thirty-six months, under which refugees are allocation are based on data on refugee provided interim support, medical services, September 30, 2004, for estimated arrivals for FYs 2002, 2003, and 2004 secondary migration. The proposed support [social] services, and case from the ORR Refugee Arrivals Data management, as needed, in a manner that allocations also reflect adjustments for encourages self-sufficiency, reduces welfare System (RADS), adjusted as of family members of victims of severe dependency, and fosters greater coordination September 30, 2004, for estimated forms of trafficking served in FY 2004, among the resettlement agencies and service secondary migration. The data base and asylees who have been served by providers. includes refugees of all nationalities, the States in FYs 2002, 2003, and 2004 Amerasians from Viet Nam, Cuban and This provision is generally known as through the refugee resettlement Haitian entrants, Havana parolees, the Wilson/Fish Amendment. The program or social service system. Data asylees, and trafficking victims. Data on Department has already issued a on Havana parolees who entered the the number of asylees who have been separate standing notice with respect to U.S. through a controlled process at the served in FYs 2002, 2003, and 2004 applications for such projects. The Port of Miami are also included in the through the refugee resettlement notice can be found in the Federal proposed allocations. Data on entrants program or social service system are Register [Volume 69, FR 65, pages includes information on those who provided by States. Data on trafficking 17692–17700, (April 5, 2004)]. arrived in the U.S. through Miami, data victims are taken from the total number States are encouraged to consider on entrants submitted by States on of trafficking victims’ certification and eligible sub-recipients for formula social entrants who arrived in the U.S. through eligibility letters issued by ORR. a land border or port of entry other than service funds, including public or Consistent with States’ requests, in private non-profit agencies such as, Miami, and information on those who Fiscal Year 2005, ORR implemented a have migrated from southern Florida refugee, faith-based, and community new voluntary process for data organizations. and are receiving services in another submission by States prior to issuance State. II. Comments and Response of the proposed allocations in an effort The data on secondary migration are to minimize adjustments of final based on data submitted by all Note: This section is reserved for allocations. Prior to the publication of participating States on Form ORR–11 on discussion of comments and response in the the proposed notice, the request for refugee secondary migrants who have Final Notice. voluntary data submission was sent to resided in the U.S. for 36 months or States via e-mail on December 20, 2004 less, as of September 30, 2004. The total III. Allocation Formulas with a due date of February 8, 2005. migration reported by each State was Of the funds available for FY 2005 for States were requested to follow the due to ORR on January 5, 2005. Asylees social services, $77,136,460 is proposed standardized EXCEL format suggested and victims of trafficking data are not

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captured on the Form ORR–11, enumerated in a separate column in be contingent upon the submission and therefore, State’s data on asylees, Table 1, below, because they are approval of a State annual services plan victims of trafficking and their family tabulated separately from other entrants. that is developed on the basis of a local members accessing benefits and services Havana parolee arrivals for all States are consultative process, as required by 45 are used to ensure current information based on actual data. CFR 400.11(b)(2) in the ORR for allocations purposes. The total Table 1 (attached) shows the regulations. estimated 3-year populations, as of migration data from Form ORR–11 is Table 1, attached, represents the FY summed, yielding in- and out-migration October 1, 2004, of refugees (col. 1), entrants (col. 2), asylees (col. 3), Havana 2005 proposed social service formula figures and a net migration figure for parolees (col.4), victims of trafficking allocations. each State. The net migration figure is (col. 5), total population, (col. 6), the VI. Paperwork Reduction Act applied to the State’s total arrival figure, proposed formula amounts which the resulting in a revised ORR population population yields (col. 7), proposed This notice does not create any estimate. ORR calculations are allocation (col. 8), elderly set-aside (col. reporting or record keeping developed separately for refugees and 9), and total proposed allocations (col. requirements requiring OMB clearance. entrants and then combined into a total 10). proposed 3-year refugee/entrant Dated: May 19, 2005. population for each State. Eligible V. Proposed Allocation Amounts Nguyen Van Hanh, Amerasians are included in the refugee Funding subsequent to the Director, Office of Refugee Resettlement. figures. Havana parolees (HP’s) are publication of this proposed notice will TABLE 1.—ESTIMATED THREE-YEAR REFUGEE/ENTRANT/ASYLEE/PAROLEE/TRAFFICKING VICTIM POPULATIONS OF STATES PARTICIPATING IN THE REFUGEE RESETTLEMENT PROGRAM AND PROPOSED SOCIAL SERVICE FORMULA ALLOCATIONS FOR FY 2005 (ADJUSTED FOR SECONDARY MIGRATION BASED ON THE ORR–11) [Proposed FY 2005 Social Services Formula Notice]

Proposed Total 1 2 Havana Trafficking Total Proposed Elderly State Refugees Entrants Asylees 3 formula proposed parolees victims population amount allocation Set-aside allocation

Alabama 4 ...... 120 0 0 23 ...... 143 61,999 90,321 2,342 92,663 Alaska 4 ...... 102 0 31 0 ...... 133 57,663 85,985 2,229 88,214 Arizona ...... 3,564 510 258 14 7 4,353 1,887,272 1,887,272 48,933 1,936,205 Arkansas ...... 9 1 5 1 ...... 16 6,937 75,000 1,945 76,945 California 4 ...... 14,773 26 3,406 79 64 18,348 7,954,897 7,954,895 206,254 8,161,149 Colorado 4 ...... 1,677 1 199 9 ...... 1,886 817,688 817,688 21,201 838,889 Connecticut ...... 959 12 103 30 ...... 1,104 478,646 478,646 12,410 491,056 Delaware ...... 87 5 0 0 ...... 92 39,887 75,000 1,945 76,945 Dist. of Columbia ...... 0 0 579 1 3 583 252,763 252,763 6,554 259,317 Florida ...... 6,911 11,272 7,806 30,591 27 56,607 24,542,335 24,542,335 636,336 25,178,671 Georgia ...... 4,312 15 331 119 5 4,782 2,073,267 2,073,267 53,756 2,127,023 Hawaii ...... 12 0 0 0 8 20 8,671 75,000 1,945 76,945 Idaho 4 ...... 819 2 0 1 3 825 357,684 357,684 9,274 366,958 Illinois ...... 3,019 14 0 63 13 3,109 1,347,927 1,347,927 34,949 1,382,876 Indiana ...... 773 1 0 12 ...... 786 340,775 340,775 8,836 349,611 Iowa ...... 1,122 0 6 0 ...... 1,128 489,052 489,052 12,680 501,732 Kansas ...... 263 0 0 11 ...... 274 118,794 118,794 3,080 121,874 Kentucky 4 ...... 1,243 1,284 36 31 1 2,595 1,125,079 1,125,079 29,171 1,154,250 Louisiana ...... 339 99 9 48 ...... 495 214,610 214,610 5,564 220,174 Maine ...... 862 0 0 1 ...... 863 374,159 374,159 9,701 383,860 Maryland ...... 2,009 6 1,567 14 6 3,602 1,561,671 1,561,671 40,491 1,602,162 Massachusetts 4 ...... 2,832 91 514 18 4 3,459 1,499,672 1,499,672 38,884 1,538,556 Michigan ...... 1,835 607 0 52 5 2,499 1,083,458 1,083,458 28,092 1,111,550 Minnesota ...... 9,543 1 164 1 3 9,712 4,210,701 4,210,701 109,175 4,319,876 Mississippi ...... 24 5 0 8 ...... 37 16,042 75,000 1,945 76,945 Missouri ...... 2,238 20 119 10 3 2,390 1,036,200 1,036,200 26,867 1,063,067 Montana ...... 38 0 0 0 ...... 38 16,475 75,000 1,945 76,945 Nebraska ...... 815 1 0 2 ...... 818 354,649 354,649 9,195 363,844 Nevada 4 ...... 676 716 0 69 4 1,465 635,160 635,160 16,468 651,628 New Hampshire ...... 960 0 1 1 2 964 417,949 417,949 10,837 428,786 New Jersey ...... 576 164 0 375 7 1,122 486,450 486,450 12,613 499,063 New Mexico ...... 141 282 0 3 ...... 426 184,695 184,695 4,789 189,484 New York ...... 6,466 1,262 0 115 106 7,949 3,446,341 3,446,341 89,357 3,535,598 North Carolina ...... 3,073 9 418 65 1 3,566 1,546,063 1,546,063 40,086 1,586,149 North Dakota 4 ...... 457 0 6 0 ...... 463 200,737 200,737 5,205 205,942 Ohio ...... 4,801 1 180 6 2 4,990 2,163,447 2,163,447 56,094 2,219,541 Oklahoma ...... 169 0 36 1 52 258 111,858 11,858 2,900 114,758 Oregon ...... 2,715 420 66 3 1 3,205 1,389,549 1,389,549 36,028 1,425,577 Pennsylvania ...... 3,686 540 494 33 5 4,758 2,062,862 2,062,862 53,486 2,116,348 Rhode Island ...... 477 5 55 0 ...... 537 232,820 232,820 6,037 238,857 South Carolina ...... 292 0 ...... 16 ...... 308 133,535 133,535 3,462 136,997 South Dakota 4 ...... 814 0 0 4 ...... 818 354,649 354,649 9,195 363,844 Tennessee ...... 1,442 5 0 60 ...... 1,507 653,370 653,370 16,941 670,311 Texas ...... 5,365 1,337 431 99 61 7,293 3,161,928 3,161,928 81,983 3,243,911 Utah ...... 1,327 3 90 1 ...... 1,421 616,084 616,084 15,974 632,058 Vermont ...... 397 0 10 0 ...... 407 176,458 176,458 4,575 181,033 Virginia ...... 2,451 429 332 37 12 3,261 1,413,828 1,413,828 36,658 1,450,486 Washington ...... 9,348 0 0 7 7 9,362 4,058,956 4,058,956 105,241 4,164,197 West Virginia ...... 7 0 0 0 ...... 7 3,035 75,00 1,945 76,945 Wisconsin ...... 2,146 1 23 3 ...... 2,173 942,118 942,118 24,427 966,545 Wyoming 5 ......

Total ...... 108,086 19,147 17,275 32,037 412 176,957 76,720,865 77,136,460 2,000,000 79,136,460 1 Includes Amerasian immigrants. Adjusted for secondary migration. 2 Asylee counts are submitted by States and verified by matching against data from the Department of Justice/Executive Office of Immigration Review, and the U.S. Citizenship and Immigra- tion Service. 3 For all years, Havana Parolee arrivals for all States are based on actual data. 4 The allocations for the States of Alabama, Alaska, Colorado, Idaho, Kentucky, Massachusetts, Nevada, North Dakota, and South Dakota, and for the county of San Diego, California are ex- pected to be awarded to Wilson/Fish projects.

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5 Wyoming no longer participates in the Refugee Resettlement Program.

[FR Doc. 05–10674 Filed 5–26–05; 8:45 am] members of the public at the remove the last sentence ‘‘Under Alaska BILLING CODE 4184–01–P Administration for Native Americans, SEDS projects, ANA will consider Aerospace Center, 901 D Street, SW., funding core administrative capacity Washington, DC 20447. building projects at the village DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: government level if the village does not HUMAN SERVICES Sheila Cooper, toll free at (877) 922– have governing systems in place.’’ and Administration for Children and 9262. ‘‘Projects that do not further the three Families SUPPLEMENTARY INFORMATION: Section interrelated ANA goals of economic 814 of the Native American Programs development, social development and Notice of Public Comment on the Act of 1974 (the Act), as amended, governance or meet the purpose of this Proposed Adoption of ANA Program; requires ANA to provide notice of its program announcement.’’ This Policies and Procedures proposed interpretive rules, statements demonstration project is not associated of policy and rule of agency with the Alaska SEDS program area nor AGENCY: Administration for Native is it intended to interrelate to the goals Americans (ANA). organization, procedure or practice. These proposed clarifications, of economic development, social SUMMARY: Pursuant to section 814 of the development or governance. (Legal Native American Programs Act of 1974; modifications and new text will appear in the ANA FY 2005 program authority: Sections 803(a) and (d) and as amended, 42 U.S.C., 2991b–1, the 803C of the Native Americans Programs Administration for Native Americans announcements: SEDS—SMART NA Communities. Act of 1974 as amended, 42 U.S.C. (ANA) herein describes its proposed 2991b and 2991b–3 and 45 CFR interpretive rules, general statement of Additional Information 1336.33) policy and rules of agency procedure or practice in relation to the Social and 1. General 4. Administrative Policies Economic Development Strategies This SEDS SMART NA Communities (SEDS) project SMART NA program area incorporates a majority of ANA will be using the administrative Communities (Strengthening Marriages the requirements as contained in the policies as included in the FY 2005 and Relationships in Tribal and Native SEDS program announcement. There are SEDS program announcement except: American Communities). For FY 2005, a few instances where ANA has opted ‘‘An applicant can have only one active ANA reserved an amount of funding to change the request for information for ANA SEDS grant operating at any given under the SEDS program to fund this program area only. The differences time’’ and ‘‘Applicants proposing an projects that are beneficial to the are noted below. Economic Development project must development of healthy Native address the project’s viability. A American communities. ANA has 2. Evaluation Criteria business plan, if applicable, must be decided to participate in ACF’s Healthy The Impact Indicators, as established included to describe the project’s Marriage Initiative, and intends to use in the FY 2005 SEDS program feasibility, cash flow and approach for the reserved SEDS funds to support announcement under ANA Evaluation the implementation and marketing of projects that improve child well-being Criteria Five, will be used for this the business.’’ Neither of these policies by removing barriers associated with demonstration project except for the apply to this program. Special initiative forming and retaining healthy families following: (2) Number of codes or awards such as this program will be and marriages in Native American ordinances developed and issued a SEDS grant number and communities. Under the statute, ANA is implemented; (3) number of people to therefore an entity will be able to required to provide members of the successfully complete a workshop/ administer a regular SEDS award in public an opportunity to comment on training; (8) number of community- addition to this project. Business proposed changes in interpretive rules, based small businesses established or development and the promotion of statements of general policy, and rule of expanded; (9) identification of Tribal or economic development are not agency procedure or practice and to give Village government business, industry, components of this demonstration. notice of the final adoption of such energy or financial codes or ordinances (Legal authority: Sections 803(a) and (d) changes at least 30 days before the that were adopted or enacted; and (10) and 803C of the Native American changes become effective. The notice number of micro-businesses started. Programs Act of 1974, as amended, and also provides additional information ANA does not believe that the capture 45 U.S.C. 2991b and 2991b–3). about ANA’s plan for administering the of this data will affect the impact or programs. demonstrate the success of the grants. 5. Funding Thresholds DATES: The deadline for receipt of The number of suggested ANA Impact comments is 30 days from date of Indicators has been reduced to five The funding threshold for this publication in the Federal Register. indicators. (Legal authority: Section demonstration project will be ADDRESSES: Comments in response to 803(a) and (d), 803B and 803C of the $50,000.00 (floor amount) to this notice should be addressed to Native Americans Programs Act of 1974, $150,000.00 (ceiling amount) per budget Sheila Cooper, Director of Programs as amended, 42 U.S.C. 2991b, 2991b–2 period. Applications exceeding the Operations, Administration for Native and 2991b–3). $150,000.00 threshold will be Americans, 370 L’Enfant Promenade, considered non-responsive and will not 3. ANA Funding Restrictions SW., Mail Stop: Aerospace 8—West, be considered for funding under this Washington, DC 20447. Delays may ANA will use the Funding announcement. (Legal authority: occur in mail delivery to Federal offices; Restrictions established under the FY Sections 803(a) and (d) and 803C of the therefore, a copy of comments should be 2005 SEDS program announcement, Native American Programs Act of 1974, faxed to: (202) 690–7441. Comments except for the following: Core as amended, 42 U.S.C. 2991b and will be available for inspection by Administration has been modified to 2991b–3.)

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Dated: May 24, 2005. Send two self-addressed adhesive labels October 2, 2002 (67 FR 61893), April 28, Kimberly Romine, to assist that office in processing your 2003 (68 FR 22391), March 8, 2004 (69 Deputy Commissioner, Administration for requests, or fax your request to 301– FR 10712), June 18, 2004 (69 FR 34176), Native Americans. 443–8818. Submit written comments and October 4, 2004 (69 FR 59240), FDA [FR Doc. 05–10660 Filed 5–26–05; 8:45 am] concerning this document, or modified its initial list of FDA BILLING CODE 4184–01–P recommendations for additional recognized consensus standards. These standards for recognition, to the contact notices described the addition, person (see FOR FURTHER INFORMATION withdrawal, and revision of certain DEPARTMENT OF HEALTH AND CONTACT). Submit electronic comments standards recognized by FDA. The HUMAN SERVICES by e-mail: [email protected]. This agency maintains ‘‘hypertext markup document may also be accessed on language’’ (HTML) and ‘‘portable Food and Drug Administration FDA’s Internet site at http:// document format’’ (PDF) versions of the [Docket No. 2004N–0226] www.fda.gov/cdrh/fedregin.html. See list of FDA recognized consensus section VI of this document for standards. Both versions are publicly Food and Drug Administration electronic access to the searchable accessible at the agency’s Internet site at Modernization Act of 1997; database for the current list of FDA http://www.fda.gov/cdrh/stdsprog.html. Modifications to the List of Recognized recognized consensus standards, See section VI of this document for Standards, Recognition List Number: including Recognition List Number: 012 electronic access information. Interested 012 modifications and other standards persons should review the related information. supplementary information sheet for the AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: standard to understand fully the extent HHS. Carol L. Herman, Center for Devices and to which FDA recognizes the standard. ACTION: Notice. Radiological Health (HFZ–84), Food and II. Modifications to Recognition List Drug Administration, 12720 Twinbrook SUMMARY: The Food and Drug Number: 012 Administration (FDA) is announcing a Pkwy., MD 20857, 301–827–0021. publication containing modifications SUPPLEMENTARY INFORMATION: FDA is announcing the addition, the agency is making to the list of I. Background withdrawal, correction, and revision of standards FDA recognizes for use in certain consensus standards the agency Section 204 of the Food and Drug premarket reviews (FDA recognized will recognize for use in satisfying Administration Modernization Act of consensus standards). This publication, premarket reviews and other 1997 (FDAMA) (Public Law 105–115) entitled ‘‘Modifications to the List of requirements for devices. FDA will amended section 514 of the Federal Recognized Standards, Recognition List incorporate these modifications in the Food, Drug, and Cosmetic Act (the act) Number: 012’’ (Recognition List list of FDA recognized consensus (21 U.S.C. 360d). Amended section 514 Number: 012), will assist manufacturers standards in the agency’s searchable allows FDA to recognize consensus who elect to declare conformity with database. FDA will use the term standards, developed by international consensus standards to meet certain ‘‘Recognition List Number: 012’’ to and national organizations, for use in requirements for medical devices. identify these current modifications. satisfying portions of device premarket In table 1 of this document, FDA DATES: Submit written or electronic review submissions or other describes the following modifications: comments concerning this document at requirements. any time. See section VII of this In a notice published in the Federal (1) The withdrawal of standards and document for the effective date of the Register of February 25, 1998 (63 FR their replacement by others, (2) the recognition of standards announced in 9561), FDA announced the availability correction of errors made by FDA in this document. of a guidance entitled ‘‘Recognition and listing previously recognized standards, ADDRESSES: Submit written requests for Use of Consensus Standards.’’ The and (3) the changes to the single copies on a 3.5″ diskette of notice described how FDA will supplementary information sheets of ‘‘Modifications to the List of Recognized implement its standard recognition recognized standards that describe Standards, Recognition List Number: program and provided the initial list of revisions to the applicability of the 012’’ to the Division of Small FDA recognized consensus standards. standards. Manufacturers, International and In Federal Register notices published In section III of this document, FDA Consumer Assistance, Center for on October 16, 1998 (63 FR 55617), July lists modifications the agency is making Devices and Radiological Health (HFZ– 12, 1999 (64 FR 37546), November 15, that involve the initial addition of 220), Food and Drug Administration, 2000 (65 FR 69022), May 7, 2001 (66 FR standards not previously recognized by 1350 Piccard Dr., Rockville, MD 20850. 23032), January 14, 2002 (67 FR 1774), FDA.

TABLE 1.

Old Item Replacement No. Standard Change Item No.

A. Anesthesia

3 ASTM F1161–88, Standard Specification for Minimum Performance and Safety Re- Contact person quirements for Components and Systems of Anesthesia Gas Machines

4 ASTM F1242–96, Standard Specification for Cuffed and Uncuffed Tracheal Tubes Withdrawn

7 ASTM F1627–95, Standard Specification for Pediatric Tracheostomy Tubes Withdrawn

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TABLE 1.—Continued

Old Item Replacement No. Standard Change Item No.

9 IEC 60601–2–12 (2001–10), Medical Electrical Equipment—Part 2–12: Particular Re- Withdrawn and replaced 60 quirements for the Safety of Lung Ventilators—Critical Care Ventilators with newer version

15 ISO 5361–4: 1987, Tracheal Tubes—Part 4: Cole Type Contact person

18 ISO 8359: 1996, Oxygen Concentrators for Medical Use—Safety Requirements Contact person

19 ISO 8382: 1988, Resuscitators Intended for Use With Humans Contact person

20 ISO 9703–1: 1992, Anesthesia and Respiratory Care Alarm Signals—Part 1: Visual Withdrawn Alarm Signals

21 ISO 9703–2: 1994, Anesthesia and Respiratory Care Alarm Signals—Part 2: Auditory Withdrawn Alarm Signals

30 IEC 60601–2–13 (2003–05), Medical Electrical Equipment—Part 2–13: Particular Re- Withdrawn and replaced 61 quirements for the Safety and Essential Performance of Anesthetic Systems with newer version

31 ISO 5356–1: 2004, Anaesthetic and Respiratory Equipment—Conical Connectors— Withdrawn and replaced 62 Part 1: Cones and Sockets with newer version

35 ISO 5361: 1999, Anaesthetic and Respiratory Equipment—Tracheal Tubes and Con- Contact person nectors

38 CGA V–1: 2003, Standard for Compressed Gas Cylinder Valve Outlet and Inlet Con- Withdrawn and replaced 63 nections with newer version

42 ISO 5360: 1993, Anaesthetic Vaporizers—Agent Specific Filling Systems Contact person

44 ISO 5366–1: 2000, Anaesthetic and Respiratory Equipment—Tracheostomy Tubes— Contact person and type Part 1: Tubes and Connectors for Use in Adults of standard

50 ASTM F920–93 (1999), Standard Specification for Minimum Performance and Safety Contact person Requirements for Resuscitators Intended for Use With Humans

52 ASTM F1463–93 (1999), Standard Specification for Alarm Signals in Medical Equip- Contact person ment Used in Anesthesia and Respiratory Care

53 ASTM F1464–93 (1999), Standard Specification for Oxygen Concentrators for Domi- Contact person ciliary Use

54 ASME PVHO–1–2002–2003, Safety Standard for Pressure Vessels for Human Occu- Withdrawn and replaced 64 pancy with newer version

55 ASTM F1054–01, Standard Specification for Conical Fittings Contact person

57 ASTM F1101–90 (2003)e1, Standard Specification for Ventilators Intended for Use Contact person During Anesthesia

59 ASTM F1456–01, Standard Specification for Minimum Performance and Safety Re- Contact person quirements for Capnometers

B. Cardiovascular/Neurology

3 AAMI NS28: 1988/(R)1993, Intracranial Pressure Monitoring Contact person

18 IEC 60601–2–27 (1994), Medical Electrical Equipment—Part 2: Particular Require- Contact person and ments for the Safety of Electrocardiographic Monitoring Equipment processes affected

43 ANSI/AAMI EC38: 1998, Ambulatory Electrocardiographs Contact person, proc- esses affected and ex- tent of recognition

C. Dental/Ear, Nose, and Throat

61 ISO 1562: 1993, Dental Casting Gold Alloys Contact person

116 ISO 10139–1: 1991, Dentistry—Resilient Lining Materials for Removable Dentures— Date of standard Part 1: Short-Term Materials

D. General Hospital/General Plastic Surgery

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TABLE 1.—Continued

Old Item Replacement No. Standard Change Item No.

1 AAMI BF7: (R2002), Blood Transfusion Micro-Filters Withdrawn and replaced 119 with newer version

29 IEC 60601–2–19 1996–10, ‘‘Amendment 1’’—Medical Electrical Equipment—Part 2: Title Particular Requirements for Safety of Baby Incubators

32 IEC 60601–2–20 1996–10, ‘‘Amendment 1’’—Medical Electrical Equipment—Part 2: Title Particular Requirements for the Safety of Transport Incubators

37 ASTM F1054–01, Standard Specification for Conical Fittings Withdrawn and replaced 120 with newer version

63 ISO 8536–7–1999, Infusion Equipment for Medical Use—Part 7: Caps Made of Alu- Title minum-Plastics Combinations for Infusion Bottles

65 ISO 8536–2–2001, Infusion Equipment for Medical Use—Part 2: Closures for Infusion Withdrawn and replaced 121 Bottles with newer version

67 ISO 8536–5–2004, Infusion Equipment for Medical Use—Part 5: Burette Type Infusion Withdrawn and replaced 122 Sets for Single Use, Gravity Feed with newer version

71 ASTM E667–03, Standard Specification for Mercury-in-Glass, Maximum Self-Reg- Withdrawn and replaced 123 istering Clinical Thermometers with newer version

73 ASTM E1104–03, Standard Specification for Clinical Thermometer Probe Covers and Withdrawn and replaced 124 Sheaths with newer version

74 ASTM E1965–03, Standard Specification for Infrared Thermometers for Intermittent Withdrawn and replaced 125 Determination of Patient Temperature with newer version

75 ISO 8536–4–2004, Infusion Equipment for Medical Use—Part 4: Infusion Sets for Sin- Withdrawn and replaced 126 gle Use, Gravity Feed with newer version

76 ISO 1135–4–2004, Transfusion Equipment for Medical Use—Part 4: Transfusion Sets Withdrawn and replaced 127 for Single Use with newer version

78 ASTM F1670–03, Standard Test Method for Resistance of Materials Used in Protec- Withdrawn and replaced 128 tive Clothing to Penetration by Synthetic Blood with newer version

79 ISO 594/2–1998, Conical Fittings With a 6% (Luer) Taper for Syringes, Needles and Withdrawn and replaced 129 Certain Other Medical Equipment—Part 2: Lock Fittings with newer version

E. Materials

36 ASTM F1801–97 (2004), Standard Practice for Corrosion Fatigue Testing of Metallic Withdrawn and replaced 103 Implant Materials with newer version

51 ASTM F1108–04, Standard Specification for Titanium-6Aluminum-4Vanadium Alloy Withdrawn and replaced 104 Castings for Surgical Implants (UNS R56406) with newer version

69 Title: ISO 5832–10: 1996, Implants for Surgery—Metallic Materials—Part 10: Wrought Withdrawn Titanium 5-Aluminum 2,5-Iron

70 Title: ASTM F2052–02, Standard Test Method for Measurement of Magnetically In- Error in October 4, 2004 70 duced Displacement Force on Medical Devices in the Magnetic Resonance Environ- FEDERAL REGISTER ment Notice (69 FR 59240) (Recognition List Number: 011) [Docket No. 2004N–0226]— not withdrawn

96 ASTM F1635–04(a), Standard Test Method for In Vitro Degradation Testing of Withdrawn and replaced 105 Hydrolytically Degradable Polymer Resins and Fabricated Forms for Surgical Im- with newer version plants

F. Ophthalmic

5 ISO 9363–1: 1994, Optics and Optical Instruments—Contact Lenses—Determination Withdrawn of Cytotoxicity of Contact Lens Material—Part 1: Agar Overlay Test and Growth Inhi- bition Test

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TABLE 1.—Continued

Old Item Replacement No. Standard Change Item No.

14 ANSI Z80.20–2004, Ophthalmics—Contact Lenses—Standard Terminology, Toler- Withdrawn and replaced 34 ances, Measurements and Physicochemical Properties with newer version

15 ISO 9394:1998, Ophthalmic Optics—Contact Lenses and Contact Lens Care Prod- Title ucts—Determination of Biocompatibility by Ocular Study Using Rabbit Eyes

30 ANSI Z80.7–2002, Ophthalmics—Intraocular Lenses Title

G. Radiology

1 ANSI PH 2.43–1982, Method for Sensitometry/Medical X-Ray Screen-Film Title

5 ANSI PH 2.50–1983, Method/Sensitometry Direct-Exposure Medical/Dental Title

7 IEC/ISO 10918–1: 1994, Information Technology—Digital Compression and Coding of Title Continuous-Tone Still Images—Part 1: Requirements and Guidelines

8 IEC 60336 (R1993), X-Ray Tube Assemblies for Medical Diagnosis—Characteristics of Title and standards de- Focal Spots velopment organiza- tion

14 NEMA MS 5–2003, Determination of Slice Thickness in Diagnostic Magnetic Reso- Withdrawn and replaced 125 nance Imaging with newer version

22 IEC NEMA XR5–1992 (R1999), Measurement of Dimensions and Properties of Focal Withdrawn Spots of Diagnostic X-Ray Tubes

23 NEMA XR 10–1986 (R1992, R1998), Measurement of the Maximum Symmetrical Ra- Contact person, title, diation Field From a Rotating Anode X-Ray Tube Used for Medical Diagnosis and standards devel- opment organization

33 IEC 60601–2–1: 1998, Medical Electrical Equipment—Part 2: Particular Requirements Withdrawn for Medical Electron Accelerators in the Range 1 MeV to 50 MeV

36 IEC 60601–2–9 (1996–10), Medical Electrical Equipment—Part 2: Particular Require- Title ments for the Safety of Patient Contact Dosimeters Used in Radiotherapy With Elec- trically Connected Radiation Detectors—ed. 2.0

40 IEC 60601–2–28: 2003, Medical Electrical Equipment—Part 2: Particular Require- Withdrawn and replaced 126 ments for the Safety of X-Ray Source Assemblies and X-Ray Tube Assemblies for with newer version Medical Diagnosis—ed. 1.0

42 IEC 60601–2–32: 2003, Medical Electrical Equipment—Part 2: Particular Require- Withdrawn and replaced 127 ments for the Safety of Associated Equipment of X-Ray Equipment—ed. 1.0 with newer version

50 IEEE N42.13–1993, Calibration and Usage of ‘‘Dose Calibrator’’ Ionization Chambers Withdrawn and replaced 128 for the Assay of Radionuclides with newer version

52 UL 544 (1998), Standard for Medical and Dental Equipment—ed. 4.0 Title

58 ANSI N43.6–1997, Sealed Radioactive Sources, Classification Title and standards de- velopment organiza- tion

61 UL 122 (1999), Standard for Photographic Equipment—ed. 4.0 Title

62 UL 187 (1998), Standard for X-Ray Equipment—ed. 7.0 Title

74 NEMA MS 7–1998, Measurement Procedure for Time-Varying Gradient Fields (dB/dt) Withdrawn for Magnetic Resonance Imaging Systems

75 NEMA NU 1–2004, Performance Measurements of Scintillation Cameras Withdrawn and replaced 129 with newer version

83 IEC 60601–2–37 2004, Medical Electrical Equipment—Part 2–37: Particular Require- Withdrawn and replaced 130 ments for the Safety of Ultrasonic Medical Diagnostic and Monitoring Equipment with newer version Consolidated, ed. 1.1

87 IEC 61217 2003, Radiotherapy Equipment—Coordinates, Movements and Scales Withdrawn and replaced 131 Consolidated, ed. 1.1 with newer version

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TABLE 1.—Continued

Old Item Replacement No. Standard Change Item No.

90 IEC 60601–2–1 (1998–06), Medical Electrical Equipment—Part 2–1: Particular Re- Title quirements for the Safety of Electron Accelerators in the Range 1 MeV to 50 MeV

91 IEC 60601–2–8 (1997–08), Amendment 1—Medical Electrical Equipment—Part 2: Par- Title ticular Requirements for the Safety of Therapeutic X-Ray Equipment Operating in the Range 10 kV to 1 MV

98 IEC 60731 (2002–06), Amendment 1—Medical Electrical Equipment—Dosimeters With Withdrawn and replaced 132 Ionization Chambers as Used in Radiotherapy with newer version

120 IEC 60601–2–44 (2002–11), Medical Electrical Equipment—Part 2–44: Particular Re- Title quirements for the Safety of X-Ray Equipment for Computed Tomography—ed. 2.1

H. Sterility

121 ASTM D4169–04a, Standard Practice for Performance Testing of Shipping Containers Extent of recognition and Systems

123 ASTM F2096–04, Standard Test Method for Detecting Gross Leaks in Medical Pack- Title aging by Internal Pressurization (Bubble Test)

135 ANSI/AAMI ST63: 2002, Sterilization of Health Care Products—Requirements for the Title Development, Validation and Routine Control of an Industrial Sterilization Process for Medical Devices—Dry Heat

III. Listing of New Entries modifications to the list of recognized The listing of new entries and standards under Recognition List consensus standards added as Number: 012, follows:

TABLE 2.

Item No. Title of Standard Reference No. and Date

A. General Hospital/General Plastic Surgery

114 Pen-Injectors for Medical Use—Part 1: Pen-Injectors—Requirements and Test Methods ISO 11608–1: 2000

115 Pen-Injectors for Medical Use—Part 2: Needles—Requirements and Test Methods ISO 11608–2: 2000

116 Pen-Injectors for Medical Use—Part 3: Finished Cartridges—Requirements and Test Methods ISO 11608–3: 2000

117 Standard Specification for Blood/Intravenous Fluid/Irrigation Fluid Warmers ASTM F2172–02

118 Standard Specification for Circulating Liquid and Forced Air Patient Temperature Management ASTM F2196–02 Devices

B. Radiology

121 Ultrasonics—Surgical Systems—Measurement and Declaration of the Basic Output Characteris- IEC 61847: 1998 tics, ed. 1.0

122 Medical Electrical Equipment—Requirements for the Safety of Radiotherapy Treatment Planning IEC 62083: 2000 Systems, ed. 1.0

123 Ultrasonics—Physiotherapy Systems—Performance Requirements and Methods of Measure- IEC 61689: 1996 ment in the Frequency Range 0.5 MHz to 5 MHz, ed. 1.0

C. Sterility

144 Standard Test Method for Linear Measurement Using Precision Steel Rule ASTM F2203–02ε1

145 Standard Practice for Coating/Adhesive Weight Determination ASTM F2217–02

146 Standard Test Method of Leaks in Non-Sealed and Empty Medical Packaging Trays by CO2 ASTM F2227–02 Tracer Gas Method

147 Standard Test Method for Non-Destructive Detection of Leaks in Medical Packaging Which In- ASTM F2228–02 corporates Porous Barrier Material by CO2 Tracer Gas Method

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TABLE 2.—Continued

Item No. Title of Standard Reference No. and Date

148 Standard Practice for Evaluation of Chemical Resistance of Printed Inks and Coatings on Flexi- ASTM F2250–03 ble Packaging Materials

149 Standard Test Method for Thickness Measurement of Flexible Packaging Materials ASTM F2251–03ε1

150 Standard Practice for Evaluating Ink or Coating Adhesion to Flexible Packaging Materials Using ASTM F2252–03 Tape

151 Standard Test Method for Nondestructive Detection of Leaks in Packages by Vacuum Decay ASTM F2338–04 Method

IV. List of Recognized Standards 0111 from a touch-tone telephone. Press modifications to the list of recognized FDA maintains the agency’s current 1 to enter the system. At the second standards, Recognition List Number: list of FDA recognized consensus voice prompt, press 1 to order a 012. These modifications to the list or standards in a searchable database that document. Enter the document number recognized standards are effective upon may be accessed directly at FDA’s 321 followed by the pound sign. Follow publication of this notice in the Federal Internet site at http:// the remaining voice prompts to Register. www.accessdata.fda.gov/scripts/cdrh/ complete your request. Dated: May 16, 2005. cfdocs/cfStandards/search.cfm. You may also obtain a copy of Linda S. Kahan, ‘‘Guidance on the Recognition and Use FDA will incorporate the Deputy Director, Center for Devices and modifications and minor revisions of Consensus Standards’’ by using the Radiological Health. Internet. CDRH maintains a site on the described in this document into the [FR Doc. 05–10626 Filed 5–26–05; 8:45 am] Internet for easy access to information database and, upon publication in the BILLING CODE 4160–01–S Federal Register, this recognition of including text, graphics, and files that consensus standards will be effective. you may download to a personal FDA will announce additional computer with access to the Internet. DEPARTMENT OF HEALTH AND modifications and minor revisions to Updated on a regular basis, the CDRH HUMAN SERVICES the list of recognized consensus home page includes the guidance as standards, as needed, in the Federal well as the current list of recognized Food and Drug Administration standards and other standards related Register once a year, or more often, if [Docket No. 2005D–0199] necessary. documents. After publication in the Federal Register, this document International Cooperation on V. Recommendation of Standards for announcing ‘‘Modification to the List of Recognition by FDA Harmonization of Technical Recognized Standards, Recognition List Requirements for Registration of Any person may recommend Number: 012’’ will be available on the Veterinary Medicinal Products (VICH); consensus standards as candidates for CDRH home page. You may access the Draft Guidance for Industry on recognition under the new provision of CDRH home page at http://www.fda.gov/ Specifications: Test Procedures and section 514 of the act by submitting cdrh. Acceptance Criteria for New Veterinary such recommendations, with reasons for You may access ‘‘Guidance on the Drug Substances and New Medicinal the recommendation, to the contact Recognition and Use of Consensus Products: Chemical Substances; person (see FOR FURTHER INFORMATION Standards,’’ and the searchable database Request for Comments; Availability CONTACT). To be properly considered, for FDA recognized consensus standards such recommendations should contain, through the hyperlink at http:// AGENCY: Food and Drug Administration, at a minimum, the following www.fda.gov/cdrh/stdsprog.html. HHS. information: (1) Title of the standard, (2) This Federal Register document on ACTION: Notice; request for comments. any reference number and date, (3) modifications in FDA’s recognition of name and address of the national or consensus standards is available at SUMMARY: The Food and Drug international standards development http://www.fda.gov/cdrh/fedregin.html. Administration (FDA) is announcing the organization, (4) a proposed list of availability for comments of a draft VII. Submission of Comments and guidance document for industry (#176) devices for which a declaration of Effective Date conformity to this standard should entitled ‘‘Specifications: Test routinely apply, and (5) a brief Interested persons may submit to the Procedures and Acceptance Criteria for identification of the testing or contact person (see FOR FURTHER New Veterinary Drug Substances and performance or other characteristics of INFORMATION CONTACT) written or New Medicinal Products: Chemical the device(s) that would be addressed electronic comments regarding this Substances’’ (VICH GL39). This draft by a declaration of conformity. document. Two copies of any mailed guidance has been developed for comments are to be submitted, except veterinary use by the International VI. Electronic Access that individuals may submit one paper Cooperation on Harmonization of In order to receive ‘‘Guidance on the copy. Comments are to be identified Technical Requirements for Registration Recognition and Use of Consensus with the docket number found in of Veterinary Medicinal Products Standards’’ via your fax machine, call brackets in the heading of this (VICH). This draft VICH guidance the Center for Devices and Radiological document. FDA will consider any document is intended to assist to the Health (CDRH) Facts-On-Demand comments received in determining extent possible, in the establishment of system at 800–899–0381 or 301–827– whether to amend the current listing of a single set of recommended global

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specifications for new veterinary drug Harmonization of Technical III. Significance of Guidance substances and medicinal products. It Requirements for Approval of This draft document, developed provides guidance through Pharmaceuticals for Human Use for under the VICH process, has been recommendations on the setting and several years to develop harmonized revised to conform to FDA’s good justification of acceptance criteria and technical requirements for the approval guidance practices regulation (21 CFR the selection of test procedures for new of human pharmaceutical and biological 10.115). For example, the document has drug substances of synthetic chemical products among the European Union, been designated ‘‘guidance’’ rather than origin, and new medicinal products Japan, and the United States. The VICH ‘‘guideline.’’ Because guidance produced from them, which have not is a parallel initiative for veterinary documents are not binding, mandatory been registered previously in the United medicinal products. The VICH is words such as ‘‘must,’’ ‘‘shall,’’ and States, the European Union, or Japan. concerned with developing harmonized ‘‘will’’ in the original VICH document DATES: Submit written or electronic technical requirements for the approval have been substituted with ‘‘should.’’ comments on the draft guidance by June of veterinary medicinal products in the Similarly, words such as ‘‘require’’ or 27, 2005, to ensure their adequate European Union, Japan, and the United ‘‘requirement’’ have been replaced by consideration in preparation of the final States, and includes input from both ‘‘recommend’’ or ‘‘recommendation’’ as document. General comments on agency regulatory and industry representatives. appropriate to the context. The draft guidance documents are welcome at any The VICH Steering Committee is VICH guidance (#176) is consistent with time. composed of member representatives the agency’s current thinking on the ADDRESSES: Submit written requests for from the European Commission; new veterinary drug substances and single copies of the draft guidance to the European Medicines Evaluation Agency; medicinal products. This guidance does Communications Staff (HFV–12), Center European Federation of Animal Health; not create or confer any rights for or on for Veterinary Medicine, Food and Drug Committee on Veterinary Medicinal any person and will not operate to bind Administration, 7519 Standish Pl., Products; FDA; the U.S. Department of FDA or the public. An alternative Rockville, MD 20855. Send one self- Agriculture; the Animal Health method may be used as long as it addressed adhesive label to assist that Institute; the Japanese Veterinary satisfies the requirements of applicable office in processing your requests. See Pharmaceutical Association; the statutes and regulations. the SUPPLEMENTARY INFORMATION section Japanese Association of Veterinary for electronic access to the draft Biologics; and the Japanese Ministry of IV. Comments guidance document. Agriculture, Forestry, and Fisheries. This draft guidance document is being Submit written comments on the draft Four observers are eligible to distributed for comment purposes only guidance to the Division of Dockets participate in the VICH Steering and is not intended for implementation Management (HFA–305), Food and Drug Committee: One representative from the at this time. Interested persons may Administration, 5630 Fishers Lane, rm. government of Australia/New Zealand, submit to the Division of Dockets 1061, Rockville, MD 20852. Submit one representative from the industry in Management (see ADDRESSES) written or electronic comments to http:// Australia/New Zealand, one electronic comments regarding this draft www.fda.gov/dockets/ecomments. representative from the government of guidance document. Submit a single Comments should be identified with the Canada, and one representative from the copy of electronic comments or two full title of the draft guidance and the industry of Canada. The VICH paper copies of any mailed comments, docket number found in brackets in the Secretariat, which coordinates the except that individuals may submit one heading of this document. preparation of documentation, is paper copy. Comments are to be FOR FURTHER INFORMATION CONTACT: provided by the International identified with the docket number Dennis Bensley, Center for Veterinary Federation for Animal Health (IFAH). found in brackets in the heading of this Medicine, (HFV–143), Food and Drug An IFAH representative also document. A copy of the draft guidance Administration, 7500 Standish Pl., participates in the VICH Steering and received comments are available for Rockville, MD 20855, 301–827–6956, e- Committee meetings. public examination in the Division of mail: [email protected]. II. Draft Guidance on Chemical Dockets Management between 9 a.m. SUPPLEMENTARY INFORMATION: Substance and 4 p.m., Monday through Friday. I. Background The VICH Steering Committee held a V. Electronic Access In recent years, many important meeting in August 2004 and agreed that Comments may be submitted initiatives have been undertaken by the draft guidance document entitled electronically on the Internet at http:// regulatory authorities and industry ‘‘Specifications: Test Procedures and www.fda.gov/dockets/ecomments. Once associations to promote the Acceptance Criteria for New Veterinary on this Internet site, select Docket No. international harmonization of Drug Substances and New Medicinal 2005D–0199 entitled ‘‘Specifications: regulatory requirements. FDA has Products: Chemical Substances’’ (VICH Test Procedures and Acceptance Criteria participated in efforts to enhance GL39) should be made available for for New Veterinary Drug Substances and harmonization and has expressed its public comment. This draft VICH New Medicinal Products: Chemical commitment to seek scientifically based guidance addresses specifications, i.e., Substances’’ (VICH GL39), and follow harmonized technical procedures for the those tests, procedures, and acceptance the directions. development of pharmaceutical criteria which play a major role in Copies of the draft guidance products. One of the goals of assuring the quality of the new document entitled ‘‘Specifications: Test harmonization is to identify and then veterinary drug substance and Procedures and Acceptance Criteria for reduce differences in technical medicinal product at release and during New Veterinary Drug Substances and requirements for drug development shelf life. FDA and the VICH Safety New Medicinal Products: Chemical among regulatory agencies in different Working Group will consider comments Substances’’ (VICH GL39) may be countries. about the draft guidance document. obtained on the Internet from the Center FDA has actively participated in the Information collection is covered under for Veterinary Medicine’s home page at International Conference on OMB control number 0910–0032. http://www.fda.gov/cvm.

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Dated: May 23, 2005. Submit written comments on the draft Four observers are eligible to Jeffrey Shuren, guidance to the Division of Dockets participate in the VICH Steering Assistant Commissioner for Policy. Management (HFA–305), Food and Drug Committee: One representative from the [FR Doc. 05–10624 Filed 5–24–05; 11:50 am] Administration, 5630 Fishers Lane, rm. government of Australia/New Zealand, BILLING CODE 4160–01–S 1061, Rockville, MD 20852. Submit one representative from the industry in electronic comments to http:// Australia/New Zealand, one www.fda.gov/dockets/ecomments. representative from the government of DEPARTMENT OF HEALTH AND Comments should be identified with the Canada, and one representative from the HUMAN SERVICES full title of the draft guidance and the industry of Canada. The VICH docket number found in brackets in the Secretariat, which coordinates the Food and Drug Administration heading of this document. preparation of documentation, is provided by the International [Docket No. 2005D–0200] FOR FURTHER INFORMATION CONTACT: Dennis Bensley, Center for Veterinary Federation for Animal Health (IFAH). International Cooperation on Medicine (HFV–143), Food and Drug An IFAH representative also Harmonization of Technical Administration, 7500 Standish Pl., participates in the VICH Steering Requirements for Registration of Rockville, MD 20855, 301–827–6956, e- Committee meetings. Veterinary Medicinal Products (VICH); mail: [email protected]. II. Draft Guidance on Biotechnological/ Draft Guidance for Industry on SUPPLEMENTARY INFORMATION: Biological Veterinary Medicinal Specifications: Test Procedures and Products Acceptance Criteria for New I. Background The VICH Steering Committee held a Biotechnological/Biological Veterinary In recent years, many important meeting in August 2004 and agreed that Medicinal Products; Request for initiatives have been undertaken by the draft guidance document entitled Comments; Availability regulatory authorities and industry ‘‘Specifications: Test Procedures and associations to promote the AGENCY: Food and Drug Administration, Acceptance Criteria for New international harmonization of HHS. Biotechnological/Biological Veterinary regulatory requirements. FDA has ACTION: Notice; request for comments. Medicinal Products,’’ (VICH GL40) participated in efforts to enhance should be made available for public SUMMARY: The Food and Drug harmonization and has expressed its comment. This draft VICH guidance Administration (FDA) is announcing the commitment to seek scientifically based document provides general principles availability of a draft guidance harmonized technical procedures for the through recommendations on the setting document for industry (#177) entitled development of pharmaceutical and justification, to the extent possible, ‘‘Specifications: Test Procedures and products. One of the goals of of a uniform set of international Acceptance Criteria for New harmonization is to identify and then specifications for biotechnological and Biotechnological/Biological Veterinary reduce differences in technical biological products to support new Medicinal Products’’ (VICH GL40). This requirements for drug development marketing applications. The draft guidance has been developed for among regulatory agencies in different recommendations in this document veterinary use by the International countries. apply to products composed of well- Cooperation on Harmonization of FDA has actively participated in the characterized proteins and Technical Requirements for Registration International Conference on polypeptides, and their derivatives of Veterinary Medicinal Products Harmonisation of Technical which are isolated from tissues, body (VICH). This draft VICH guidance Requirements for Approval of fluids, cell cultures, or produced using document is intended to provide general Pharmaceuticals for Human Use for recombinant deoxyribonucleic acid (r- principles through recommendations on several years to develop harmonized DNA) technology. Thus, the document the setting and justification, to the technical requirements for the approval covers the generation and submission of extent possible, of a uniform set of of human pharmaceutical and biological specifications for products such as international specifications for products among the European Union, cytokines, growth hormones and growth biotechnological and biological Japan, and the United States. The VICH factors, insulins, and monoclonal products to support new marketing is a parallel initiative for veterinary antibodies. This document does not applications. medicinal products. The VICH is cover antibiotics, heparins, vitamins, concerned with developing harmonized cell metabolites, DNA products, DATES: Submit written or electronic technical requirements for the approval allergenic extracts, vaccines, cells, comments on the draft guidance by June of veterinary medicinal products in the whole blood, and cellular blood 27, 2005, to ensure their adequate European Union, Japan, and the United components. consideration in preparation of the final States, and includes input from both FDA and the VICH Safety Working document. General comments on agency regulatory and industry representatives. Group will consider comments about guidance documents are welcome at any The VICH Steering Committee is the draft guidance document. time. composed of member representatives Information collection is covered under ADDRESSES: Submit written requests for from the European Commission; OMB control number 0910–0032. single copies of the draft guidance to the European Medicines Evaluation Agency; Communications Staff (HFV–12), Center European Federation of Animal Health; III. Significance of Guidance for Veterinary Medicine, Food and Drug Committee on Veterinary Medicinal The draft guidance document, Administration, 7519 Standish Pl., Products; FDA; the U.S. Department of developed under the VICH process, has Rockville, MD 20855. Send one self- Agriculture; the Animal Health been revised to conform to FDA’s good addressed adhesive label to assist that Institute; the Japanese Veterinary guidance practices regulation (21 CFR office in processing your requests. See Pharmaceutical Association; the 10.115). For example, the document has the SUPPLEMENTARY INFORMATION section Japanese Association of Veterinary been designated ‘‘guidance’’ rather than for electronic access to the draft Biologics; and the Japanese Ministry of ‘‘guideline.’’ Because guidance guidance document. Agriculture, Forestry and Fisheries. documents are not binding, mandatory

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words such as ‘‘must,’’ ‘‘shall,’’ and DEPARTMENT OF HEALTH AND Effective Date for Calendar Year 2005 ‘‘will’’ in the original VICH document HUMAN SERVICES Rates have been substituted with ‘‘should.’’ Indian Health Service Consistent with previous annual rate Similarly, words such as ‘‘require’’ or revisions, the Calendar Year 2005 rates ‘‘requirement’’ have been replaced by Reimbursement Rates for Calendar will be effective for services provided ‘‘recommend’’ or ‘‘recommendation’’ as Year 2005 on/or after January 1, 2005 to the extent appropriate to the context. consistent with payment authorities The draft VICH guidance (#177) is AGENCY: Indian Health Service, HHS. including the applicable Medicaid State consistent with the agency’s current ACTION: Notice. plan. thinking on the subject matter. This SUMMARY: Notice is given that the Dated: May 20, 2005 guidance does not create or confer any Director of Indian Health Service (IHS), Charles W. Grimm, rights for or on any person and will not under the authority of sections 321(a) Assistant Surgeon General, Director, Indian operate to bind FDA or the public. An and 322(b) of the Public Health Service Health Service. alternative method may be used as long Act (42 U.S.C. 248 and 249(b)), Public [FR Doc. 05–10650 Filed 5–26–05; 8:45 am] as it satisfies the requirements of Law 83–568 (42 U.S.C. 2001(a)) and the BILLING CODE 4165–16–P applicable statutes and regulations. Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), has approved IV. Comments the following rates for inpatient and DEPARTMENT OF HOMELAND This draft guidance document is being outpatient medical care provided by IHS SECURITY distributed for comment purposes only facilities for Calendar Year 2005 for Medicare and Medicaid Beneficiaries and is not intended for implementation Coast Guard and Beneficiaries of other Federal at this time. Interested persons may Agencies. The Medicare Part A inpatient [USCG–2005–21202] submit to the Division of Dockets rates are excluded from the table below Collection of Information Under Management (see ADDRESSES) written or as they are paid based on the Review by Office of Management and electronic comments regarding this draft prospective payment system. Since the Budget (OMB): OMB Control Number: guidance document. Submit a single inpatient rates set forth below do not 1625–0018 copy of electronic comments or two include all physician services and paper copies of any mailed comments, practitioner services, additional AGENCY: Coast Guard, DHS. except that individuals may submit one payment may be available to the extent ACTION: Request for comments. paper copy. Comments are to be that those services meet applicable identified with the docket number requirements. Public Law 106–554, SUMMARY: In compliance with the found in brackets in the heading of this dated December 21, 2000, authorized Paperwork Reduction Act of 1995, the document. A copy of the draft guidance IHS facilities to file Medicare Part B Coast Guard intends to seek the and received comments are available for claims with the carrier for payment for approval of OMB for the renewal of one public examination in the Division of physician and certain other practitioner Information Collection Request (ICR). Dockets Management between 9 a.m. services provided on or after July 1, The ICR comprises (1) 1625–0018, and 4 p.m., Monday through Friday. 2001. Official Logbook. Before submitting the ICR to OMB, the Coast Guard is inviting V. Electronic Access Inpatient Hospital Per Diem Rate (Excludes Physician/Practitioner comments on it as described below. Electronic comments may also be Services) DATES: Comments must reach the Coast Guard on or before July 26, 2005. submitted via the Internet at http:// Calendar Year 2005 www.fda.gov/dockets/ecomments. Once ADDRESSES: To make sure that your on this Internet site, select Docket No. Lower 48 States—$1,542 comments and related material do not Alaska—$2,032 2005D–0200 entitled ‘‘Specifications: enter the docket [USCG–2005–21202] Test Procedures and Acceptance Criteria Outpatient Per Visit Rate (Excluding more than once, please submit them by for New Biotechnological/Biological Medicare) only one of the following means: (1) By mail to the Docket Management Veterinary Medicinal Products’’ (VICH Calendar Year 2005 GL40) and follow the directions. Facility, U.S. Department of Lower 48 States—$223 Transportation (DOT), room PL–401, Copies of the draft guidance Alaska—$391 400 Seventh Street, SW., Washington, document entitled ‘‘Specifications: Test Outpatient Per Visit Rate (Medicare) DC 20590–0001. Procedures and Acceptance Criteria for (2) By delivery to room PL–401 on the New Biotechnological/Biological Calendar Year 2005 Plaza level of the Nassif Building, 400 Veterinary Medicinal Products’’ (VICH Lower 48 States—$181 Seventh Street, SW., Washington, DC, GL40) may be obtained on the Internet Alaska—$371 between 9 a.m. and 5 p.m., Monday from the Center for Veterinary Medicine through Friday, except Federal holidays. Medicare Part B Inpatient Ancillary Per home page at http://www.fda.gov/cvm. The telephone number is 202–366– Diem Rate Dated: May 23, 2005. 9329. Calendar Year 2005 (3) By fax to the Docket Management Jeffrey Shuren, Facility at 202–493–2251. Assistant Commissioner for Policy. Lower 48 States—$312 Alaska—$635 (4) Electronically through the Web [FR Doc. 05–10625 Filed 5–24–05; 11:50 am] site for the Docket Management System BILLING CODE 4160–01–S Outpatient Surgery Rate (Medicare) at http://dms.dot.gov. Established Medicare rates for The Docket Management Facility freestanding Ambulatory Surgery maintains the public docket for this Centers. notice. Comments and material received

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from the public, as well as documents underlying requirements in view of Guard’s commercial vessel safety mentioned in this notice as being them. program would suffer, as there would be available in the docket, will become part Viewing comments and documents: no official record of U.S. merchant of this docket and will be available for To view comments, as well as vessel voyages. Similarly, those seeking inspection or copying at room PL–401 documents mentioned in this notice as to prove that an event occurred would on the Plaza level of the Nassif Building, being available in the docket, go to not have any record available. 400 Seventh Street, SW., Washington, http://dms.dot.gov at any time and Respondents: Shipping Companies. DC, between 9 a.m. and 5 p.m., Monday conduct a simple search using the Frequency: On occasion. through Friday, except Federal holidays. docket number. You may also visit the Burden Estimate: The estimated You may also find this docket on the Docket Management Facility in room burden remains the same, 1,750 hours a Internet at http://dms.dot.gov. PL–401 on the Plaza level of the Nassif year. Building, 400 Seventh Street, SW., Copies of the complete ICR are Dated: May 19, 2005. available through this docket on the Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Dr. Nathaniel Heiner, Internet at http://dms.dot.gov, and also Acting, Assistant Commandant for from Commandant (CG–611), U.S. Coast Federal holidays. Privacy Act: Anyone can search the Command, Control, Communications, Guard Headquarters, room 6106 (Attn: electronic form of all comments Computers and Information Technology. Ms. Barbara Davis), 2100 Second Street, received in dockets by the name of the [FR Doc. 05–10589 Filed 5–26–05; 8:45 am] SW., Washington, DC 20593–0001. The individual submitting the comment (or BILLING CODE 4910–15–P telephone number is 202–267–2326. signing the comment, if submitted on FOR FURTHER INFORMATION CONTACT: Ms. behalf of an association, business, labor Barbara Davis, Office of Information union, etc.). You may review the DEPARTMENT OF HOMELAND Management, telephone 202–267–2326, Privacy Act Statement of DOT in the SECURITY or fax 202–267–4814, for questions on Federal Register published on April 11, Coast Guard these documents; or telephone Ms. 2000 (65 FR 19477), or you may visit Andrea M. Jenkins, Program Manager, http://dms.dot.gov. [USCG–2005–20457] Docket Operations, 202–366–0271, for questions on the docket. Information Collection Requests Collection of Information under Review 1. Title: Official logbook. by Office of Management and Budget SUPPLEMENTARY INFORMATION: OMB Control Number: 1625–0018. (OMB): 1625–0013, 1625–0032, 1625– Public Participation and Request for Summary: The Official Logbook 0037, 1625–0041, and 1625–0042. Comments contains information about the voyage, the vessel’s crew, drills, and operations AGENCY: Coast Guard, DHS. We encourage you to respond to this conducted during the voyage. Official ACTION: Request for comments. request for comment by submitting Logbook entries identify all particulars SUMMARY: In compliance with the comments and related materials. We of the voyage, including the name of the Paperwork Reduction Act of 1995, this will post all comments received, ship, official number, port of registry, request for comments announces that without change, to http://dms.dot.gov, tonnage, names and merchant mariner the Coast Guard has forwarded five and they will include any personal document numbers of the master and Information Collection Reports (ICRs)— information you have provided. We crew, the nature of the voyage, and class (1) 1625–0013, Plan Approval and have an agreement with DOT to use the of ship. In addition, it also contains Records for Load Lines; (2) 1625–0032, Docket Management Facility. Please see entries for the vessel’s drafts, Vessel Inspection Related Forms and the paragraph on DOT’s ‘‘Privacy Act maintenance of watertight integrity of Reporting Requirements Under Title 46 Policy’’ below. the ship, drills and inspections, crew U.S. Code; (3) 1625–0037, Certificates of Submitting comments: If you submit a list and report of character, a summary Compliance, Boiler/Pressure Vessel comment, please include your name and of laws applicable to Logbooks, and Repairs, Cargo Gear Records, and address, identify the docket number for miscellaneous entries. this request for comment [USCG–2005– Need: Title 46, United States Code Shipping Papers; (4) 1625–0041, 21202], indicate the specific section of (USC) 11301 requires most merchant Various International Agreement this document to which each comment vessels to maintain an Official Logbook. Pollution Prevention Certificates and applies, and give the reason for each The manner of making entries and Documents, and Equivalency comment. You may submit your penalties are set forth in 46 U.S.C. Certificates, and (5) 1625–0042, comments and material by electronic 11302 and 11303. The Official Logbook Requirements for Lightering of Oil and means, mail, fax, or delivery to the contains information about the vessel, Hazardous Material Cargoes—abstracted Docket Management Facility at the voyage, and crew. Lack of these below, to the Office of Information and address under ADDRESSES; but please particulars would make it difficult for a Regulatory Affairs (OIRA) of the Office submit them by only one means. If you seaman to verify vessel employment and of Management and Budget (OMB) for submit them by mail or delivery, submit wages, and for the Coast Guard to verify review and comment. Our ICR describes them in an unbound format, no larger compliance with laws and regulations the information we seek to collect from the public. Review and comment by than 81⁄2 by 11 inches, suitable for concerning vessel operations and safety copying and electronic filing. If you procedures. The Official Log serves as OIRA ensures that we impose only submit them by mail and would like to an official record of recordable events paperwork burdens commensurate with know that they reached the Facility, transpiring at sea such as births, deaths, our performance of duties. please enclose a stamped, self-addressed marriages, and disciplinary actions. DATES: Please submit comments on or postcard or envelope. We will consider Absent the Official Log, there would be before June 27, 2005. all comments and material received no official civil record of these events. ADDRESSES: To make sure that your during the comment period. We may The courts accept log entries as proof comments and related material do not change the documents supporting this that the logged event occurred. If this reach the docket [USCG–2005–20457] or collection of information or even the information was not collected, the Coast OIRA more than once, please submit

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them by only one of the following (2) the accuracy of the estimated burden p.m., Monday through Friday, except means: of the collections; (3) ways to enhance Federal holidays. (1) (a) By mail to the Docket the quality, utility, and clarity of the Privacy Act: Anyone can search the Management Facility, U.S. Department information that is the subject of the electronic form of all comments of Transportation (DOT), room PL–401, collections; and (4) ways to minimize received in dockets by the name of the 400 Seventh Street SW., Washington, the burden of collections on individual submitting the comment (or DC 20590–0001. (b) By mail to OIRA, respondents, including the use of signing the comment, if submitted on 725 17th St NW., Washington, DC automated collection techniques or behalf of an association, business, labor 20503, to the attention of the Desk other forms of information technology. union, etc.). You may review the Officer for the Coast Guard. Comments to DMS or OIRA must Privacy Act Statement of DOT in the (2) (a) By delivery to room PL–401 at contain the OMB Control Number of the Federal Register published on April 11, the address given in paragraph (1)(a) Information Collection Reports (ICRs) 2000 (65 FR 19477), or you may visit above, between 9 a.m. and 5 p.m., addressed. Comments to DMS must http://dms.dot.gov. Monday through Friday, except Federal contain the docket number of this Previous Request for Comments holidays. The telephone number is (202) request, [USCG 2005–20457]. For your 366–9329. (b) By delivery to OIRA, at comments to OIRA to be considered, it This request provides a 30-day the address given in paragraph (1)(b) is best if OIRA receives them on or comment period required by OIRA. The above, to the attention of the Desk before the June 27, 2005. Coast Guard has already published the Officer for the Coast Guard. Public participation and request for 60-day notice required by 44 U.S.C. (3) By fax to (a) the Facility at (202) comments: We encourage you to 3506(c)(2) (70 FR 11018, March 7, 2005). 493–2298 and (b) OIRA at (202) 395– respond to this request for comments by That notice elicited no comments. submitting comments and related 6566, or e-mail to OIRA at oira- Information Collection Request [email protected] attention: Desk materials. We will post all comments Officer for the Coast Guard. received, without change, to http:// 1. Title: Plan Approval and Records (4) (a) Electronically through the Web dms.dot.gov, and they will include any for Load Lines. site for the Docket Management System personal information you have OMB Control Number: 1625–0013. at http://dms.dot.gov. (b) OIRA does not provided. We have an agreement with Type of Request: Extension. have a Web site on which you can post DOT to use their Docket Management Affected Public: Owners and your comments. Facility. Please see the paragraph on operators of vessels. The Docket Management Facility DOT’s ‘‘Privacy Act Policy’’ below. Forms: 88 USA LL, A21 HSSC LL– maintains the public docket for this Submitting comments: If you submit a EXEMPT, LL 14–A, LL 18–E, LL 40–A, notice. Comments and material received comment, please include your name and LL 19, LL 13–C, LL 18–F. from the public, as well as documents address, identify the docket number for Abstract: This information collection mentioned in this notice as being this request for comment [USCG–2005– is required to ensure that certain vessels available in the docket, will become part 20457], indicate the specific section of are not loaded deeper than appropriate of this docket and will be available for this document or the ICR to which each for safety. Vessels over 150 gross tons or inspection or copying at room PL–401 comment applies, and give the reason 79 feet in length engaged in commerce on the Plaza level of the Nassif Building, for each comment. You may submit on international or coastwise voyages by 400 Seventh Street SW., Washington, your comments and material by sea are required to obtain a Load Line electronic means, mail, fax, or delivery DC, between 9 a.m. and 5 p.m., Monday Certificate. This collection also to the Docket Management Facility at through Friday, except Federal holidays. incorporates the Great Lakes load lines the address under ADDRESSES, but You may also find this docket on the rule. please submit them by only one means. Internet at http://dms.dot.gov. Burden Estimates: The estimated If you submit them by mail or delivery, Copies of the complete ICRs are burden has decreased from 1,979 hours submit them in an unbound format, no available through this docket on the to 1,681 hours a year. larger than 81⁄2 by 11 inches, suitable for Internet at http://dms.dot.gov, and also 2. Title: Vessel Inspection Related copying and electronic filing. If you from Commandant (CG–611), U.S. Coast Forms and Reporting Requirements submit them by mail and would like to Guard Headquarters, room 6106 (Attn: Under Title 46 U.S. Code. know that they reached the Facility, Ms. Barbara Davis), 2100 Second Street OMB Control Number: 1625–0032. please enclose a stamped, self-addressed SW., Washington, DC 20593–0001. The Type of Request: Extension. postcard or envelope. Affected Public: Owners, operators, telephone number is (202) 267–2326. The Coast Guard and OIRA will agents and masters of vessels. FOR FURTHER INFORMATION CONTACT: Ms. consider all comments and material Forms: CG–841, CG–854, CG–948, Barbara Davis, Office of Information received during the comment period. CG–949, CG–950, CG–950A and CG– Management, telephone (202) 267–2326 We may change the documents 2832. or fax (202) 267–4814, for questions on supporting this collection of Abstract: This collection of these documents; or Ms. Andrea M. information or even the underlying information requires owners, operators, Jenkins, Program Manager, Docket requirements in view of them. agents or masters of certain inspected Operations, (202) 366–0271, for Viewing comments and documents: vessels to obtain and/or post various questions on the docket. To view comments, as well as forms as part of the Coast Guard’s SUPPLEMENTARY INFORMATION: The Coast documents mentioned in this notice as Commercial Vessel Safety Program. Guard invites comments on the being available in the docket, go to Burden Estimates: The estimated proposed collections of information to http://dms.dot.gov at any time and burden has decreased from 1,578 hours determine whether the collections are conduct a simple search using the to 1,471 hours a year. necessary for the proper performance of docket number. You may also visit the 3. Title: Certificates of Compliance, the functions of the Department. In Docket Management Facility in room Boiler/Pressure Vessel Repairs, Cargo particular, the Coast Guard would PL–401 on the Plaza level of the Nassif Gear Records, and Shipping Papers. appreciate comments addressing: (1) Building, 400 Seventh Street, SW., OMB Control Number: 1625–0037. The practical utility of the collections; Washington, DC, between 9 a.m. and 5 Type of Request: Extension.

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Affected Public: Owners and Burden Estimates: The estimated in a Special Flood Hazard Area (SFHA). operators of vessels. burden has increased from 228 hours to In order to remove an area from a SFHA, Forms: CG–3585. 324 hours a year. the requester must submit scientific or Abstract: This information is needed Dated: May 19, 2005. technical data demonstrating that the to enable the Coast Guard to fulfill its Dr. Nathaniel S. Heiner, area is ‘‘reasonably safe from flooding’’ responsibilities for maritime safety Acting, Assistant Commandant for and not in the SFHA. SFHAs have been under Title 46, U.S. Code. It is solely for Command, Control, Communications, mapped in over 19,000 communities this purpose. The affected public Computers and Information Technology. nationwide. includes some owners or operators of [FR Doc. 05–10590 Filed 5–26–05; 8:45 am] Collection of Information large merchant vessels and all foreign- BILLING CODE 4910–15–P flag tankers calling at U.S. ports. Title: Instructions and Application Burden Estimates: The estimated Form for Single Lot or Structure burden has decreased from 17,555 hours DEPARTMENT OF HOMELAND Amendments to National Flood to 13,577 hours a year. SECURITY Insurance Program Maps. 4. Title: Various International Type of Information Collection: Agreement Pollution Prevention Federal Emergency Management Revision of a currently approved Certificates and Documents, and Agency collection. Equivalency Certificates. OMB Number: 1660–0037. OMB Control Number: 1625–0041. Agency Information Collection Form Numbers: FEMA Form 81–92, Type of Request: Revision. Activities: Proposed Collection; Amendments to National Flood Affected Public: Owners and Comment Request Insurance Program Maps Application operators of vessels. AGENCY: Federal Emergency Form for Single Residential Structure or Forms: CG–5352, CG–5352A, CG– Management Agency, Emergency Lot, (English version) and FEMA Form 5352B, CG–6047, CG–6056, CG–6056A Preparedness and Response Directorate, 81–92A (Spanish version). and CG–6057. U.S. Department of Homeland Security. Abstract: Requesters complete and Abstract: Required by the adoption of Licensed Land Surveyors or ACTION: Notice and request for the International Convention for the comments. Professional Engineers certify FEMA Prevention of Pollution from Ships Form 81–92 or 81–92A to request that (MARPOL 73/78), these certificates and SUMMARY: The Federal Emergency FEMA remove a single structure or a documents are evidence of compliance Management Agency, as part of its legally recorded parcel of land or with this convention for U.S. vessels on continuing effort to reduce paperwork portions thereof from a designated international voyages. Without the and respondent burden, invites the SFHA via a Letter of Map Amendment proper certificates or documents, a U.S. general public and other Federal (LOMA). A SFHA is an area that would vessel could be detained in a foreign agencies to take this opportunity to be inundated by a flood event that has port. comment on a revision of a currently a one-percent-annual-chance of being Burden Estimates: The estimated approved information collection equaled or exceeded in any given year burden has increased from 6,780 hours requirement. In accordance with the (base flood). FEMA uses the information to 6,874 hours a year. Paperwork Reduction Act of 1995 (44 provided in FEMA Form 81–92 or 81– 5. Title: Requirements for Lightering U.S.C. 3506(c)(2)(A)), this notice seeks 92A to make a LOMA determination. A of Oil and Hazardous Material Cargoes. comments concerning the use of FEMA LOMA is a letter from FEMA stating that OMB Control Number: 1625–0042. Forms 81–92 and 81–92A, Amendments an existing structure or parcel of land Type of Request: Extension. to National Flood Insurance Program that has not been elevated by fill would Affected Public: Owners and Maps Application Form for Single not be inundated by the base flood. Fill operators of vessels. Residential Structure or Lot (English is defined as material placed to raise the Forms: None. and Spanish versions). ground to or above the Base Flood Abstract: The information for this SUPPLEMENTARY INFORMATION: The Elevation (BFE). report allows the U.S. Coast Guard to National Flood Insurance Program Affected Public: Individuals or provide a timely response to an (NFIP) regulations, 44 CFR Parts 65 and households (property owners or emergency and minimize the 70, outline the data that must be lessees); Business or other for-profit environmental damage from an oil or submitted by an owner or lessee of the (Licensed Land Surveyors or hazardous material spill. The property (requester) and certified by a Professional Engineers). information also allows the Coast Guard Licensed Land Surveyor or Registered Number of Respondents: 26,400. to control the location and procedures Professional Engineer who believes the Estimated Total Annual Burden for lightering activities. property has been incorrectly included Hours: 31,680.

Annual Number of Frequency of Hours per burden Annualized FEMA forms respondents response response hours cost all (A) (B) (C) (A × B × C) respondents

81–92 (English): Owners/Lessees ...... 11,550 Annual ...... 1.0 11,550 $157,658 Surveyors/Engineers ...... 11,550 ...... 1.4 16,170 442,735 81–92A (Spanish): Owners/Lessees ...... 1,650 Annual ...... 1.0 1,650 22,523 Surveyors/Engineers ...... 1,650 ...... 1.4 2,310 63,248

Total ...... 26,400 Annual ...... 2.4 31,680 686,164

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Estimated Cost. The total estimated DEPARTMENT OF HOMELAND What is the purpose of the Form I–90? annual cost is $686,164.00. This SECURITY Form I–90 is used to apply for a estimate is based on the average annual replacement or renewal of Form I–551, U.S. Citizenship and Immigration cost per respondent as follows: owners/ Permanent Resident Card. The specific Services lessees $13.65 and surveyors/engineers requirements and procedures to obtain a is $38.33. Permanent Resident Card can be found Comments: Written comments are [CIS No. 2346–05] at 8 CFR 264.5. Approximately one solicited to (a) evaluate whether the million of these forms are filed proposed data collection is necessary for RIN 1615–ZA22 annually. the proper performance of the agency, Direct Mail Program for Submitting Why is a Permanent Resident Card including whether the information shall Application To Replace Permanent necessary? have practical utility; (b) evaluate the Resident Card, Form I–90 Section 264(d) of the Immigration and accuracy of the agency’s estimate of the Nationality Act (INA) provides that, burden of the proposed collection of AGENCY: U.S. Citizenship and every alien in the United States who has information, including the validity of Immigration Services, Department of been registered and fingerprinted ‘‘shall the methodology and assumptions used; Homeland Security. be issued a certificate of alien (c) enhance the quality, utility, and ACTION: Notice. registration or an alien registration clarity of the information to be receipt card in such form and manner collected; and (d) minimize the burden SUMMARY: U.S. Citizenship and and at such time as shall be prescribed of the collection of information on those Immigration Services is expanding its under regulations * * *.’’ Section who are to respond, including through Direct Mail Program to provide that 264(e) of the INA also provides that the use of appropriate automated, aliens seeking to renew or replace their ‘‘[e]very alien, eighteen years of age and electronic, mechanical, or other Permanent Resident Card using the over, shall at all times carry with him technological collection techniques or newly revised Form I–90, Application to and have in his personal possession any other forms of information technology, Replace Permanent Resident Card, must certificate of alien registration or alien e.g., permitting electronic submission of file their application at a designated registration receipt card issued to him responses. Comments should be lock-box facility for initial processing, * * *. Any alien who fails to comply received within 60 days of the date of instead of at their local U.S. Citizenship with [these] provisions shall be guilty of and Immigration Services office, Service this notice. a misdemeanor * * *.’’ The Permanent Center, or Application Support Center. Resident Card provides documentary ADDRESSES: Interested persons should The Direct Mail Program allows U.S. evidence that the bearer has been submit written comments to the Section Citizenship and Immigration Services to granted lawful permanent residence in Chief, Records Management Section, more efficiently process applications by the United States and has been Information Resources Management eliminating duplicative work, registered. Branch, Information Technology maximizing staff productivity, and The specific requirements and Services Division, Federal Emergency introducing better information procedures for applying to replace a Management Agency, Emergency management tools. permanent resident card (including Preparedness and Response Directorate, DATES: This Notice is effective May 31, renewals of expiring permanent resident Department of Homeland Security, 500 2005. cards) via submission of a Form I–90 C Street, SW., Room 316, Washington, FOR FURTHER INFORMATION CONTACT: with the required initial evidence are set DC 20472. Rebecca Watson, Lockbox Project forth at 8 CFR 264.5. FOR FURTHER INFORMATION CONTACT: Manager, U.S. Citizenship and Explanation of Changes Contact Cecelia Lynch, Program Immigration Services, Department of Homeland Security, 20 Massachusetts Does this Notice make any changes Specialist, Mitigation Division at 202– Avenue, NW., Room 1000, Washington, relating to an alien’s eligibility for 646–7045 for additional information. DC 20529, Telephone (202) 272–1001. issuance of a replacement permanent You may contact the Records resident card? SUPPLEMENTARY INFORMATION: Management Section for copies of the No. This Notice only effects a change proposed information collection at Background in the filing location for these facsimile number (202) 646–3347 or e- applications. mail address: FEMA–Information- What is the Direct Mail program? [email protected]. Under the Direct Mail program, Will applicants for replacement permanent resident cards be required to Dated: May 23, 2005. applicants for certain immigration benefits mail the designated application make a personal appearance to have George S. Trotter, or petition directly to a U.S. Citizenship their biometrics captured? Acting Branch Chief, Information Resources and Immigration Services (USCIS) Yes, in accordance with the Management Branch, Information processing center instead of submitting instructions contained on the newly Technology Services Division. it to their local USCIS office. The revised Form I–90, applicants will be [FR Doc. 05–10587 Filed 5–26–05; 8:45 am] purpose and strategy of the Direct Mail notified how to make an appointment to BILLING CODE 9110–12–P program have been discussed in detail appear for biometrics processing. Due to in previous rulemakings and Notices new technological capabilities, USCIS is (see 59 FR 33903, 59 FR 33985, 60 FR now able to store captured biometrics 22408, 61 FR 2266, 61 FR 56060, 62 FR data to be utilized in the future. This 16607, 63 FR 891, 63 FR 892, 63 FR enhancement will assist applicants by 13434, 63 FR 13878, 63 FR 16828, 63 FR reducing the number of future visits 50584, 63 FR8688, 63 FR 8689, 64 FR needed to the local Application Support 67323, 69 FR 3380, and 69 FR 4210). Center throughout the entire

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immigration process. The applicants and any supporting documentation Dated: May 24, 2005. will now appear and have their must be submitted at the time of the Eduardo Aguirre, photograph, fingerprints, and signature applicant’s in-person appearance at the Director, U.S. Citizenship and Immigration captured in this single visit. Due to the local USCIS Application Support Services. fact that USCIS is now taking Center. [FR Doc. 05–10708 Filed 5–25–05; 9:56 am] photographs of applicants, there is no BILLING CODE 4410–10–P longer the requirement to submit Which version of the Form I–90 will photographs with the Form I–90. The USCIS accept? biometrics fee covering this service is As of May 31, 2005, USCIS will DEPARTMENT OF HOUSING AND $70. accept Form I–90 (edition date 5–06–05, URBAN DEVELOPMENT Which applicants for replacement or OMB 1615–0082). Any prior versions of [Docket No. FR–4980–N–21] renewal of Permanent Resident Cards the Form I–90, submitted after May 31, are affected by this Notice? 2005, without the required biometric Federal Property Suitable as Facilities This Notice affects those aliens who fee, will be rejected and returned to the To Assist the Homeless are required to file for a replacement applicant with accompanying fees for AGENCY: Office of the Assistant Permanent Resident Card pursuant to 8 resubmission with the proper version of Secretary for Community Planning and CFR 264.5(b), for example, when: the form. Development, HUD. (1) The previous card has been lost, ACTION: Notice. stolen, or destroyed; What will happen to Forms I–90 covered by this Notice that are filed at other (2) The existing 10-year card is SUMMARY: This Notice identifies expiring within 6 months; USCIS locations? unutilized, underutilized, excess, and (3) The existing card has been USCIS will have a 45-day transition surplus Federal property reviewed by mutilated; period, beginning from May 31, 2005, HUD for suitability for possible use to (4) The bearer’s name or other assist the homeless. biographic information has been legally through July 15, 2005, during which it FOR FURTHER INFORMATION CONTACT: changed since the issuance of the will automatically forward to the Los Angeles/La Mirada Lockbox address any Kathy Ezzell, room 7266, Department of existing card; Housing and Urban Development, 451 (5) The applicant is taking up actual Form I–90s filed at a location other than Seventh Street SW., Washington, DC residence in the United States after the Lockbox (i.e., a local USCIS district 20410; telephone (202) 708–1234; TTY having been a commuter, or is a office, Service Center or Application number for the hearing- and speech- permanent resident taking up commuter Support Center). Applications impaired (202) 708–2565 (these status; forwarded from other USCIS offices will telephone numbers are not toll-free), or (6) The applicant has automatically be considered properly filed when call the toll-free Title V information line converted to permanent resident status; receipted at the Lockbox. After the 45- at 1–800–927–7588. (7) The previous card issued was day transition period, any Form I–90 SUPPLEMENTARY INFORMATION: In never received; received at a location other than the accordance with 24 CFR part 581 and (8) The bearer of the card reaches the Lockbox address will be returned with section 501 of the Stewart B. McKinney age of 14 years (unless the existing card an explanation directing the applicant will expire prior to the bearer’s 16th Homeless Assistance Act (42 U.S.C. to mail the application directly to the 11411), as amended, HUD is publishing birthday); or Los Angeles/La Mirada Lockbox address (9) The existing card contains this Notice to identify Federal buildings for processing. incorrect data on account of USCIS or and other real property that HUD has former INS error. How will your check be processed once reviewed for suitability for use to assist it reaches the Lockbox facility? the homeless. The properties were To what address should aliens filing reviewed using information provided to Form I–90 send their application? If you send us a check, it will be HUD by Federal landholding agencies Effective May 31, 2005, all applicants converted into an electronic funds regarding unutilized and underutilized for replacement permanent resident transfer (EFT). This means we (USCIS buildings and real property controlled cards (including applicants seeking to and the Lockbox facility) will copy your by such agencies or by GSA regarding renew expiring 10-year Permanent check and use the account information its inventory of excess or surplus Resident Cards) should submit their on it to electronically debit your Federal property. This Notice is also Form I–90 directly to the following account for the amount of the check. published in order to comply with the address: The debit from your account will December 12, 1988 Court Order in For United States Postal Service usually occur within 24 hours, and will National Coalition for the Homeless v. (USPS) deliveries: U.S. Citizenship and be shown on your regular account Veterans Administration, No. 88–2503– Immigration Services, P.O. Box 54870, statement. OG (D.D.C.). Los Angeles, CA 90054–0870. Properties reviewed are listed in this For non-United States Postal Service You will not receive your original Notice according to the following (USPS) deliveries (e.g., Federal Express, check back. We will destroy your categories: Suitable/available, suitable/ UPS, or DHL): U.S. Citizenship and original check, but will keep the copy of unavailable, suitable/to be excess, and Immigration Services, Attention: I–90, it. If the EFT cannot be processed for unsuitable. The properties listed in the 16420 Valley View Avenue, La Mirada, technical reasons, you authorize us to three suitable categories have been CA 90638. process the copy in place of your reviewed by the landholding agencies, Applicants should NOT submit the original check. If the EFT cannot be and each agency has transmitted to required initial evidence (i.e. your prior completed because of insufficient funds, HUD: (1) Its intention to make the card or other evidence of identity) or we may try to make the transfer up to property available for use to assist the any supporting documentation with the two times. homeless, (2) its intention to declare the Form I–90. All required initial evidence property excess to the agency’s needs, or

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(3) a statement of the reasons that the providers should contact the Status: Unutilized property cannot be declared excess or appropriate landholding agencies at the Comment: 7243 sq. ft., poor condition, most made available for use as facilities to following addresses: ARMY: Ms. Audrey recent use—BN HQ Bldg., off-site use only assist the homeless. C. Ormerod, Department of the Army, Bldgs. 9027, 9036, 9044 Properties listed as suitable/available Office of the Assistant Chief of Staff for Fort Benning will be available exclusively for Installation Management, Attn: DAIM– Chattachoochee Co: GA 31905– homeless use for a period of 60 days Landholding Agency: Army MD, Room 1E677, 600 Army Pentagon, Property Number: 21200520103 from the date of this Notice. Where Washington, DC 20310–0600; (703) 601– Status: Unutilized property is described as for ‘‘off-site use 2520; ENERGY: Mr. Andy Duran, Comment: Various sq. ft., poor condition, only’’ recipients of the property will be Department of Energy, Office of most recent use—CO HQ Bldg., off-site use required to relocate the building to their Engineering & Construction only own site at their own expense. Management, ME–90, 1000 Bldg. 9100 Homeless assistance providers Independence Ave, SW., Washington, Fort Benning interested in any such property should DC 20585: (202) 586–4548; GSA: Mr. Chattachoochee Co: GA 31905– send a written expression of interest to Brian K. Polly, Assistant Commissioner, Landholding Agency: Army HHS, addressed to John Hicks, Division General Services Administration, Office Property Number: 21200520107 Status: Unutilized of Property Management, Program of Property Disposal, 18th and F Streets, Support Center, HHS, room 5B–17, 5600 Comment: 4875 sq. ft., poor condition, most NW., Washington, DC 20405; (202) 501– recent use—BDE HQ Bldg., off-site use Fishers Lane, Rockville, MD 20857; 0084; NAVY: Mr. Charles C. Cocks, only (301) 443–2265. (This is not a toll-free Department of the Navy, Real Estate Bldgs. 9198, 9199 number.) HHS will mail to the Policy Division, Naval Facilities Fort Benning interested provider an application Engineering Command, Washington Chattachoochee Co: GA 31905– packet, which will include instructions Navy Yard, 1322 Patterson Ave., SE., Landholding Agency: Army for completing the application. In order Suite 1000, Washington, DC 20374– Property Number: 21200520108 to maximize the opportunity to utilize a 5065; (202) 685–9200; VA: Ms. Amelia Status: Unutilized suitable property, providers should Comment: 1008 sq. ft., poor condition, most E. McLellan, Director, Real Property recent use—admin., off-site use only submit their written expressions of Service, Department of Veterans Affairs, Bldg. 10642 interest as soon as possible. For 810 Vermont Avenue, NW., Room 419, complete details concerning the Fort Benning Washington, DC 20420; (202) 565–5398; Chattachoochee Co: GA 31905– processing of applications, the reader is (These are not toll-free numbers). encouraged to refer to the interim rule Landholding Agency: Army Dated: May 19, 2005. Property Number: 21200520111 governing this program, 24 CFR part Status: Unutilized Mark R. Johnston, 581. Comment: 176 sq. ft., poor condition, most For properties listed as suitable/to be Director, Office of Special Needs, Assistance recent use—storage shed, off-site use only Programs. excess, that property may, if Iowa subsequently accepted as excess by Title V, Federal Surplus Property Program GSA, be made available for use by the Bldg. 00691 Federal Register Report For 5/27/05 Iowa Army Ammo Plant homeless in accordance with applicable Suitable/Available Properties Middletown Co: Des Moines IA 52638– law, subject to screening for other Landholding Agency: Army Federal use. At the appropriate time, Buildings (by State) Property Number: 21200520113 HUD will publish the property in a Georgia Status: Unutilized Notice showing it as either suitable/ Bldg. 05955 Comment: 2581 sq. ft., presence of asbestos/ available or suitable/unavailable. Fort Benning lead paint, most recent use—residential For properties listed as suitable/ Chattachoochee Co: GA 31905– New York unavailable, the landholding agency has Landholding Agency: Army Bldg. 3 decided that the property cannot be Property Number: 21200520097 VA Medical Center declared excess or made available for Status: Unutilized Batavia Co: Genesee NY 14020– use to assist the homeless, and the Comment: 95 sq. ft., poor condition, most Landholding Agency: VA property will not be available. recent use—dispatch, off-site use only Property Number: 97200520001 Properties listed as unsuitable will Bldg. 9012 Status: Unutilized not be made available for any other Fort Benning Comment: 5840 sq. ft., needs rehab, presence purpose for 20 days from the date of this Chattachoochee Co: GA 31905– of asbestos, most recent use—offices, Notice. Homeless assistance providers Landholding Agency: Army eligible for Natl Register of Historic Places Property Number: 21200520098 Oklahoma interested in a review by HUD of the Status: Unutilized determination of unsuitability should Comment: 40,442 sq. ft., poor condition, most Bldgs. 01276, 01278 call the toll free information line at 1– recent use—enlisted housing, off-site use Fort Sill 800–927–7588 for detailed instructions only Lawton Co: Comanche OK 73501–5100 or write a letter to Mark Johnston at the Bldg. 9016 Landholding Agency: Army Property Number: 21200520119 address listed at the beginning of this Fort Benning Chattachoochee Co: GA 31905– Status: Unutilized Notice. Included in the request for Comment: 1533 & 2700 sq. ft., most recent review should be the property address Landholding Agency: Army Property Number: 21200520101 use—maintenance, off-site use only (including zip code), the date of Status: Unutilized Wisconsin publication in the Federal Register, the Comment: 6138 sq. ft., poor condition, most landholding agency, and the property Bldg. 01567 recent use—BN HQ Bldg., off-site use only Fort McCoy number. Bldg. 9019 Monroe Co: WI 54656– For more information regarding Fort Benning Landholding Agency: Army particular properties identified in this Chattachoochee Co: GA 31905– Property Number: 21200520122 Notice (i.e., acreage, floor plan, existing Landholding Agency: Army Status: Unutilized sanitary facilities, exact street address), Property Number: 21200520102 Comment: 112 sq. ft. shelter, off-site use only

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Suitable/Unavailable Properties Status: Excess Property Number: 21200520091 Comment: 165 sq. ft., most recent use— Status: Excess Buildings (by State) storage, off-site use only Comment: 2750 sq. ft., most recent use— Alabama Bldg. 90311 exchange service, off-site use only Bldg. 25303 Fort Huachuca Bldg. 00106 Fort Rucker Cochise Co: AZ 85613–7010 Fort Benning Dale Co: AL 36362– Landholding Agency: Army Chattachoochee Co: GA 31905—Landholding Landholding Agency: Army Property Number: 21200520083 Agency: Army Property Number: 21200520074 Status: Excess Property Number: 21200520092 Status: Excess Comment: 1357 sq. ft., most recent use— Status: Unutilized Comment: 800 sq. ft., most recent use— storage, off-site use only Comment: 3625 sq. ft., poor condition, most airfield operations, off-site use only recent use—snack bar, off-site use only Colorado Bldg. 25304 Bldg. 02023 Fort Rucker Bldg. 06225 Fort Benning Dale Co: AL 36362– Fort Carson Chattahoochee Co: GA 31905—Landholding Landholding Agency: Army El Paso Co: CO 80913–4001 Agency: Army Property Number: 21200520075 Landholding Agency: Army Property Number: 21200520093 Status: Excess Property Number: 21200520084 Status: Unutilized Comment: 1200 sq. ft., poor condition, most Status: Unutilized Comment: 6138 sq. ft., poor condition, most recent use—fire station, off-site use only Comment: 24,263 sq. ft., most recent use— recent use—Fh Sr NCO, off-site use only admin., off-site use only Arizona Bldg. 2750 Bldg. 06280 Fort Benning Bldg. 13570 Fort Carson Chattachoochee Co: GA 31905—Landholding Fort Huachuca El Paso Co: CO 80913–4001 Agency: Army Cochise Co: AZ 85613–7010 Landholding Agency: Army Property Number: 21200520094 Landholding Agency: Army Property Number: 21200520085 Status: Unutilized Property Number: 21200520076 Status: Unutilized Comment: 3707 sq. ft., poor condition, most Status: Excess Comment: 20597 sq. ft., most recent use— recent use—health clinic, off-site use only Comment: 4000 sq. ft., most recent use— gen. inst., off-site use only Bldg. 2819 storage, off-site use only Bldgs. 06281, 06282, 06283 Fort Benning Bldg. 22529 Fort Carson Chattachoochee Co: GA 31905—Landholding Fort Huachuca El Pase Co: CO 80913–4001 Agency: Army Cochise Co: AZ 85613–7010 Landholding Agency: Army Property Number: 21200520095 Landholding Agency: Army Property Number: 21200520086 Status: Unutilized Property Number: 21200520077 Status: Unutilized Comment: 40,442 sq. ft., poor condition, off- Status: Excess Comment: 19478 sq. ft., most recent use— site use only Comment: 2543 sq. ft., most recent use— gen. inst., off-site use only Bldg. 2843 storage, off-site use only Georgia Fort Benning Bldg. 22541 Chattachoochee Co: GA 31905—Landholding Fort Huachuca Bldg. 00051 Agency: Army Cochise Co: AZ 85613–7010 Fort Stewart Property Number: 21200520096 Landholding Agency: Army Liberty Co: GA 31314– Status: Unutilized Property Number: 21200520078 Landholding Agency: Army Comment: 9000 sq. ft., poor condition, most Status: Excess Property Number: 21200520087 recent use—auto center, off-site use only Status: Excess Comment: 1300 sq. ft., most recent use— Bldg. 9013 Comment: 3196 sq. ft., most recent use— storage, off-site use only Fort Benning court room, off-site use only Bldg. 30020 Chattachoochee Co: GA 31905—Landholding Fort Huachuca Bldg. 00052 Agency: Army Cochise Co: AZ 85613–7010 Fort Stewart Property Number: 21200520099 Landholding Agency: Army Liberty Co: GA 31314– Status: Unutilized Property Number: 21200520079 Landholding Agency: Army Comment: 40303 sq. ft., poor condition, most Status: Excess Property Number: 21200520088 recent use—enlisted housing, off-site use Comment: 1305 sq. ft., most recent use— Status: Excess only Comment: 1250 sq. ft., most recent use— storage, off-site use only 5 Bldgs. admin., off-site use only Bldg. 30021 Fort Benning 9014, 9015, 9018, 9022, 9053 Fort Huachuca Bldg. 00053 Chattachoochee Co: GA 31905—Landholding Cochise Co: AZ 85613–7010 Fort Stewart Agency: Army Landholding Agency: Army Liberty Co: GA 31314– Property Number: 21200520100 Property Number: 21200520080 Landholding Agency: Army Status: Unutilized Status: Excess Property Number: 21200520089 Comment: 50620 sq. ft., poor condition, most Comment: 144 sq. ft., most recent use— Status: Excess recent use—enlisted housing, off-site use storage, off-site use only Comment: 2844 sq. ft., most recent use— only Bldgs. 80709, 80710 admin., off-site use only Bldg. 9050 Fort Huachuca Bldg. 00054 Fort Benning Cochise Co: AZ 85613–7010 Fort Stewart Chattachoochee Co: GA 31905—Landholding Landholding Agency: Army Liberty Co: GA 31314– Agency: Army Property Number: 21200520081 Landholding Agency: Army Property Number: 21200520104 Status: Excess Property Number: 21200520090 Status: Unutilized Comment: 1231 sq. ft., most recent use— Status: Excess Comment: 9313 sq. ft., poor condition, most admin., off-site use only Comment: 4425 sq. ft., most recent use— recent use—BDE HQ Bldg., off-site use Bldg. 90203 admin., off-site use only only Fort Huachuca Bldg. 00451 Bldg. 9051 Cochise Co: AZ 85613–7010 Fort Stewart Fort Benning Landholding Agency: Army Liberty Co: GA 31314– Chattachoochee Co: GA 31905—Landholding Property Number: 21200520082 Landholding Agency: Army Agency: Army

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Property Number: 21200520105 Olney Co: Montgomery MD 20882– SUMMARY: The public is invited to Status: Unutilized Landholding Agency: Army comment on the following applications Comment: 684 sq. ft., poor condition, most Property Number: 21200520118 to conduct certain activities with recent use—health clinic, off-site use only Status: Unutilized Comment: 2160/469 sq. ft., most recent use— endangered species and/or marine Bldg. 09075 mammals. Fort Benning vehicle maintenance Chattachoochee Co: GA 31905—Landholding Texas DATES: Written data, comments or Agency: Army Bldg. 00127 requests must be received by June 27, Property Number: 21200520106 Fort Hood 2005. Status: Unutilized Bell Co: TX 76544– Comment: 1500 sq. ft., poor condition, most ADDRESSES: Documents and other Landholding Agency: Army information submitted with these recent use—BN HQ Bldg., off-site use only Property Number: 21200520120 Bldg. 9234 Status: Excess applications are available for review, Fort Benning Comment: 3753 sq. ft., presence of asbestos, subject to the requirements of the Chattachoochee Co: GA 31905—Landholding most recent use—admin., off-site use only Privacy Act and Freedom of Information Agency: Army Bldg. 00131 Act, by any party who submits a written Property Number: 21200520109 Fort Hood request for a copy of such documents Status: Unutilized Bell Co: TX 76544– within 30 days of the date of publication Comment: 1200 sq. ft., poor condition, most Landholding Agency: Army of this notice to: U.S. Fish and Wildlife recent use—exchange outlet, off-site use Property Number: 21200520121 Service, Division of Management only Status: Excess Authority, 4401 North Fairfax Drive, Bldgs. 10039, 10041 Comment: 2250 sq. ft., most recent use— Fort Benning admin., off-site use only Room 700, Arlington, Virginia 22203; Muscogee Co: GA 31905– fax 703/358–2281. Landholding Agency: Army Unsuitable Properties FOR FURTHER INFORMATION CONTACT: Property Number: 21200520110 Buildings (by State) Division of Management Authority, Status: Unutilized telephone 703/358–2104. Comment: 2375 sq. ft., poor condition, most Illinois recent use—FH JR NCO/ENL, off-site use #903 Site 3 SUPPLEMENTARY INFORMATION: only FERMILAB Endangered Species Bldg. 11326 Batavia Co: DuPage IL 60510– Fort Benning Landholding Agency: Energy The public is invited to comment on Muscogee Co: GA 31905– Property Number: 41200520006 the following application(s) for a permit Landholding Agency: Army Status: Excess to conduct certain activities with Property Number: 21200520112 Reason: Extensive deterioration endangered species. This notice is Status: Unutilized #951 Site 50 provided pursuant to Section 10(c) of Comment: 9602 sq. ft., poor condition, most FERMILAB the Endangered Species Act of 1973, as recent use—FH JR NCO/ENL, off-site use Batavia Co: DuPage IL 60510– amended (16 U.S.C. 1531, et seq.). only Landholding Agency: Energy Written data, comments, or requests for Maryland Property Number: 41200520007 Status: Excess copies of these complete applications Bldg. 0001A Reason: Extensive deterioration should be submitted to the Director Federal Support Center #993 Site 65 (address above). Olney Co: Montgomery MD 20882– FERMILAB Landholding Agency: Army Applicant: Houston Zoo, Houston, Batavia Co: DuPage IL 60510– Property Number: 21200520114 Texas, PRT–104269 Landholding Agency: Energy Status: Unutilized Property Number: 41200520008 The applicant requests a permit to Comment: 9000 sq. ft., most recent use— Status: Excess import post-mortem collected tissue storage Reason: Extensive deterioration samples of captive held specimens of Bldg. 0001C Oregon Baird’s tapir (Tapirus bairdii) from the Federal Support Center Olney Co: Montgomery MD 20882– Parking Lot Parque Summit Zoo, Panama for the Landholding Agency: Army 511 NW Broadway purpose of scientific research. Property Number: 21200520115 Portland Co: Multnomah OR 97209– Landholding Agency: GSA Applicant: Mark Harrison Vanness, Status: Unutilized Houston, TX, PRT–103034 Comment: 2904 sq. ft., most recent use—mess Property Number: 54200520014 hall Status: Excess The applicant requests a permit to Bldgs. 00032, 00H14, 00H24 Reason: Within 2000 ft. of flammable or import the sport-hunted trophy of one explosive material Federal Support Center male bontebok (Damaliscus pygargus GSA Number: 9–G–OR–0721 Olney Co: Montgomery MD 20882– pygargus) culled from a captive herd Landholding Agency: Army [FR Doc. 05–10379 Filed 5–26–05; 8:45 am] maintained under the management Property Number: 21200520116 BILLING CODE 4210–29–P program of the Republic of South Africa, Status: Unutilized for the purpose of enhancement of the Comment: Various sq. ft., most recent use— survival of the species. storage DEPARTMENT OF THE INTERIOR Bldgs. 00034, 00H016 Marine Mammals Federal Support Center Fish and Wildlife Service The public is invited to comment on Olney Co: Montgomery MD 20882– the following application(s) for a permit Landholding Agency: Army Receipt of Applications for Permit Property Number: 21200520117 to conduct certain activities with marine Status: Unutilized AGENCY: Fish and Wildlife Service, mammals. The application was Comment: 400/39 sq. ft., most recent use— Interior. submitted to satisfy requirements of the storage Marine Mammal Protection Act of 1972, ACTION: Notice of receipt of applications as amended (16 U.S.C. 1361, et seq.), Bldgs. 00H10, 00H12 for permit. Federal Support Center and the regulations governing marine

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mammals (50 CFR Part 18). Written of the Interior, through the Bureau of education in the country. Applications data, comments, or requests for copies Land Management, on a variety of must respond to the entire Statement of of the complete applications or requests planning and management issues Work outlined in this solicitation. In for a public hearing on these associated with public land Mozambique, activities under these applications should be submitted to the management in western Montana. At the cooperative agreements will provide the Director (address above). Anyone July 11 meeting, topics we plan to direct delivery of quality basic requesting a hearing should give discuss include: The Butte Resource education to working children and those specific reasons why a hearing would be Management Plan travel management at risk of entering work, and will result appropriate. The holding of such a and proposed planning scenario, in their enrollment, persistence, and hearing is at the discretion of the community wildfire protection plans, completion of an education or training Director. and elect a chair and vice-chair. program. All meetings are open to the public. Applicant: Lloyd Don Whaley, I. Funding Opportunity Description The public may present written Brookings, OR, PRT–101095 comments to the Council. Each formal The U.S. Department of Labor The applicant requests a permit to Council meeting will also have time (USDOL), Bureau of International Labor import a polar bear (Ursus maritimus) allocated for hearing public comments. Affairs (ILAB), announces the sport hunted from the Baffin Bay polar Depending on the number of persons availability of funds to be awarded by bear population in Canada prior to wishing to comment and time available, cooperative agreement to one or more February 18, 1997, for personal, the time for individual oral comments qualifying organizations for the purpose noncommercial use. may be limited. Individuals who plan to of expanding access to and quality of Dated: May 13, 2005. attend and need special assistance, such basic education and strengthening Lisa J. Lierheimer, as sign language interpretation, or other government and civil society’s capacity Senior Permit Biologist, Branch of Permits, reasonable accommodations, should to address the education needs of Division of Management Authority. contact the BLM as provided below. working children and those at risk of entering in work in Mozambique. The [FR Doc. 05–10607 Filed 5–26–05; 8:45 am] Dated: May 23, 2005. overall purpose of USDOL’s Child Labor BILLING CODE 4310–55–P Steven Hartmann, Education Initiative, as consistently Acting Field Manager. enunciated in USDOL appropriations [FR Doc. 05–10645 Filed 5–26–05; 8:45 am] DEPARTMENT OF THE INTERIOR FY 2000 through FY 2005, is to work BILLING CODE 4310–$$–P toward the elimination of the worst Bureau of Land Management forms of child labor through the provision of basic education. [MT–070–05–1020–PH] DEPARTMENT OF LABOR Accordingly, entities applying under this solicitation must develop and Notice of Public Meeting, Western Office of the Secretary Montana Resource Advisory Council implement strategies for the prevention and withdrawal of children from the Meeting Combating Exploitive Child Labor worst forms of child labor, consistent Through Education in Mozambique AGENCY: Bureau of Land Management, with this purpose. ILAB is authorized to Interior. AGENCY: Bureau of International Labor award and administer this program by ACTION: Notice of public meeting. Affairs, Department of Labor. the Consolidated Appropriations Act, Announcement Type: New. Notice of 2005, Public Law 108–447, 118 Stat. SUMMARY: In accordance with the 2809 (2004). The cooperative agreement Federal Land Policy and Management Availability of Funds and Solicitation for Cooperative Agreement or cooperative agreements awarded Act (FLPMA) and the Federal Advisory under this initiative will be managed by Committee Act of 1972 (FACA), the U.S. Applications. Funding Opportunity Number: SGA ILAB’s International Child Labor Department of the Interior, Bureau of Program (ICLP) to assure achievement of Land Management (BLM), the Western 05–04. Catalog of Federal Domestic the stated goals. Applicants are Montana Resource Advisory Council encouraged to be creative in proposing will meet as indicated below. Assistance (CFDA) Number: Not applicable. cost-effective interventions that will DATES: The next regular meeting of the Key Dates: Deadline for Submission of have a demonstrable impact in Western Montana RAC will be held July Application is July 11, 2005. promoting school attendance and 11, 2005 at the Butte Field Office, 106 SUMMARY: The U.S. Department of completion in the geographical areas N. Parkmont, Butte, Montana beginning where children are engaged in or are at 9 a.m. The public comment period Labor, Bureau of International Labor Affairs, will award up to U.S. $3 million most at risk of working in the worst will begin at 11:30 a.m. and the meeting forms of child labor. is expected to adjourn at approximately through one or more cooperative 3 p.m. This meeting replaces the May 4 agreements to an organization or 1. Background and Program Scope organizations to improve access to and meeting, cancelled due to lack of a A. USDOL Support of Global quorum. quality of education programs as a means to combat exploitive child labor Elimination of Exploitive Child Labor FOR FURTHER INFORMATION CONTACT: For in Mozambique. Projects funded under The International Labor Organization the Western Montana RAC, contact this solicitation will provide (ILO) estimated that 211 million Marilyn Krause, Resource Advisory educational and training opportunities children ages 5 to 14 were working Council Coordinator, at the Butte Field to children as a means of removing and/ around the world in 2000. Full-time Office, 106 North Parkmont, Butte, or preventing them from engaging in child workers are generally unable to Montana 59701, telephone 406–533– exploitive work or the worst forms of attend school, and part-time child 7617. child labor. The activities funded will laborers balance economic survival with SUPPLEMENTARY INFORMATION: The 15- complement and expand upon existing schooling from an early age, often to the member Council advises the Secretary projects and programs to improve basic detriment of their education. Since

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1995, USDOL has provided close to U.S. access to and quality of basic education be used to address particular barriers $400 million in technical assistance for working children and those at risk of and needs. Brief background funding to combat exploitive child labor entering work. The elimination of information on education and exploitive in approximately 70 countries around exploitive child labor depends, to a child labor in the country of interest is the world. large extent, on improving access to, provided below. Programs funded by USDOL range quality of, and relevance of education. For additional information on from targeted action programs in In addition to providing direct exploitive child labor in Mozambique, specific sectors to more comprehensive education and training opportunities to applicants are strongly encouraged to efforts that target the worst forms of working children and those engaged in refer to The Department of Labor’s 2004 child labor as defined by ILO or at risk of engaging in exploitive work, Findings on the Worst Forms of Child Convention 182. Convention 182 lists the Child Labor Education Initiative has Labor available at http://www.dol.gov/ four categories of the worst forms of four goals: ILAB/media/reports/iclp/tda2004/ child labor, and calls for their i. Raise awareness of the importance overview.htm or in hard copy from Lisa immediate elimination: of education for all children and Harvey, U.S. Department of Labor, • All forms of slavery or practices mobilize a wide array of actors to Procurement Services Center, telephone similar to slavery, such as the sale and improve and expand education (202) 693–4570 (this is not a toll-free- trafficking of children, debt bondage infrastructures; number) or e-mail: [email protected]. and serfdom and forced or compulsory ii. Strengthen formal and transitional labor, including force or compulsory education systems that encourage Barriers to Education for Working recruitment of children for use in armed working children and those at risk of Children in Mozambique conflict; working to attend school; In 2002, the ILO estimated that 31.9 • The use, procurement or offering of iii. Strengthen national institutions percent of children aged 10 to 14 years a child for prostitution, production of and policies on education and child in Mozambique were working. A joint pornography or pornographic labor; and Ministry of Labor and UNICEF rapid performances; iv. Ensure the long-term sustainability assessment survey of children under 18 • The use, procurement or offering of of these efforts. working in selected areas estimated that approximately 50 percent of children a child for illicit activities, in particular B. Barriers to Education for Working begin to work before the age of 12. for the production and trafficking of Children, Country Background, and Eighty percent of working children are drugs as defined in the relevant Focus of Solicitation international treaties; between the ages of 12 and 15 years. • Work which, by its nature or by the Throughout the world, there are Children work most frequently within circumstances by which it is carried out, complex causes of exploitive child labor the context of the family economy, is likely to harm the health, safety, and as well as barriers to education for assisting their parents in carrying out morals of children. children engaged in or at risk of entering household chores, working in the fields, In determining the types of work exploitive child labor. These include: or selling small goods. likely to harm the health, safety and Poverty; education system barriers; In other cases, children work outside morals of children, ILO infrastructure barriers; legal and policy their families in factories and small Recommendation 190 considers the barriers; resource gaps; institutional mining to provide for their families. following: Work which exposes a child barriers; informational gaps; Boys are reported to work in informal to physical, psychological or sexual demographic characteristics of children trading in the streets, in markets, and at abuse; work underground, underwater, and/or families; cultural and traditional bus stations and bus stops. Many of at dangerous heights or in confined practices; and weak labor markets and them also work in commercial workplaces; work with dangerous enforcement. agriculture—particularly in cotton fields machinery, equipment and tools or Although these elements and in the Cabo Delgado and Nampula handling or transporting heavy loads; characteristics tend to exist throughout provinces—and in fishing and forestry. work in an unhealthy environment the world in areas with a high incidence Girls reportedly tend to work as including exposure to hazardous of exploitive child labor, they manifest domestic servants and traders, as well as substances, agents or processes, or to themselves in specific ways in the in commercial agriculture. Girls are also temperatures, noise levels or vibrations country of interest in this solicitation. reported to be involved in commercial damaging to the health; and work for Therefore, specific, targeted sexual exploitation. There have been long hours or night work where the interventions are required in the reports of child trafficking. child is unreasonably confined to the country. In Mozambique, this project HIV/AIDS has severely impacted premises. must provide or facilitate the delivery of children participation in the worst From FY 2001 to FY 2005, the U.S. educational services to at risk or forms of child labor in Mozambique. An Congress has appropriated over U.S. working children, support the collection estimated 420,000 children under the $180 million to USDOL for a Child of data on this target population, and age of 15 have lost one or both parents Labor Education Initiative to fund build the capacity of national to AIDS. Increasing numbers of orphans programs aimed at increasing access to institutions to address child labor and and other children affected by HIV/ quality, basic education in areas with a education issues. For this project, AIDS are dropping out of school due to high incidence of abusive and exploitive applicants must be able to identify the their inability to pay school fees, to care child labor. The cooperative specific barriers to education and the for sick relatives, and to provide for agreement(s) awarded under this education needs of specific children their families and themselves through solicitation will be funded through this targeted in their project (e.g., children paid work. Children living with initiative. withdrawn from work, children at high extended family may place an added USDOL’s Child Labor Education risk of dropping out of school and strain on already scarce resources, Initiative seeks to nurture the joining the labor force, and/or children making them targets of physical or development, health, safety and still working in a particular sector) and emotional abuse, causing them to drop enhanced future employability of how direct education service delivery, out of school, and leaving them children around the world by increasing capacity building and policy change can vulnerable to labor exploitation.

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According to a Ministry of Labor of Matriculation fees are considered to be negative social stigma from other Mozambique and UNICEF rapid prohibitive for many prospective students and teachers, as well as assessment conducted in 2001, the students. The cost of additional school curriculum and teaching techniques that following worst forms of child labor supplies also serves as an impediment do not meet their special needs. were found as being particularly to children’s schooling. Enforcement of The Government of Mozambique prevalent in Mozambique: compulsory education laws is ratified ILO Conventions 138 and 182 Domestic work: Most domestic inconsistent because of the lack of on June 16, 2003. The Ministry of Labor servants are girls between the ages of 13 resources and the lack of schools in has worked with UNICEF to develop a and 15 years. Many have begun to work upper grades. Although free books were Draft Strategy for the Eradication of as young as 8 or 9 years old. Some are introduced in 1996, these are in short Child Labor. The government is also paid for their services in cash and others supply. Secondary students must buy collaborating with UNICEF and ILO- receive in kind payment. Many send their own books. IPEC to implement a plan of action, their earnings to their families at the In 2000, the gross primary enrollment which calls for the prevention of child end of the month. A majority of rate was 91.5 percent, and the net labor and for the protection and domestic servants work 7 days a week, primary enrollment rate was 54.4 rehabilitation of child workers. and are often on call for 24 hours a day. percent. In 1995, the latest year for The government works against child Traders and Hawkers: Children, which figures are available, 46 percent prostitution and sexual abuse through a predominantly boys, work as traders or of students who entered primary school variety of public awareness activities. hawkers at the market, at bus and train reached grade five. Enrollment and drop The government has trained police stations, harbors, and ferry landings, on out rates differ according to geographic about child prostitution and the streets, and soliciting door to door. location and gender. Children, pornography and initiated a Other children work in urban areas as particularly girls, living in the Northern rehabilitation program for children in car washers and guards, collecting scrap and Central provinces and rural areas prostitution by providing education metal and portering, and as taxi tend to have the lowest enrollment referrals and training opportunities. The conductors collecting fares in numbers. Ministry of Women and Social Action minibuses. Children working in these Access to education is also restricted Co-ordination is increasing the birth urban settings are exposed to a variety by insufficient infrastructure. About one registration of children as a means of of dangers, such as traffic accidents, car half of the country’s schools were protecting them against abuse and exhaust and inclement weather, destroyed in the 1980s and early 1990s exploitation. The government has also harassment, and abuse. during the civil war. Following the 1992 launched a program to enhance child Agriculture: Although children peace agreements, efforts were made to protection laws and develop legislation assisting their families in subsistence rebuild the education system. However, to cover child trafficking. The agriculture, especially low technology the floods in 2000 destroyed many more government participates in the agriculture, are not usually exposed to schools in several areas of the country Campaign Against Trafficking in serious health hazards, their work and prevented more than 105,000 Children, which is establishing an occasionally conflicts with school. In primary school students from attending assistance center to aid repatriated contrast, children working in classes. Inadequate numbers of victims of child trafficking at the border commercial agriculture are significantly bathrooms, including those that are post of Ressano Garcia. more vulnerable. Children work in the gender segregated, discourage children, The Government of Mozambique has cotton fields in the Cabo Delgado especially girls, from attending school. developed an education sector strategic province. Children were also found More recently, drought conditions have plan that includes policy support to working on tea plantations in Zambezia/ placed pressure on families to withdraw improve girls’ access and retention Gurue and in commercial fishing and children from school in order to save (through a Gender Action Plan), seaweed cultivation. These children money for food. improving school quality, creating an work long hours for extremely low The quality of basic education is also enabling environment for peer wages, are exposed to harmful of great concern in Mozambique. The education and communication among pesticides and adverse weather ratio of students to teachers in primary young people, and building capacity for conditions, and are often out of school. schools is extremely high and expected contingency planning in response to Commercial Sexual Exploitation: The to rise during the next decade as a result emergencies. As a means to increase number of children in prostitution is of increases in deaths among teachers access to school and reduce drop out, growing in both urban and rural regions due to the HIV/AIDS pandemic. Reports the government has introduced a such as the Maputo, Beira, and Nacala indicate that an average of 25 percent of reformed basic education curriculum areas. A recent survey found that 69 children repeat one or more school that is adapted to community and percent of girls involved in prostitution years. Successive grade repetition often regional economic development needs. had dropped out of school. Most work leads to increased drop outs. for themselves but visit bars and discos HIV/AIDS has had an extremely Note to Applicants: All applicants must in small groups. Few girls reportedly negative impact on the quality of and have country presence, or partner with an require their clients to wear condoms, children’s access to education. The HIV/ established and eligible organization within explaining that they could earn greater AIDS rate among teachers is higher than the target country. compensation for unprotected sex, the national prevalence rate among thereby exposing themselves to a greater people aged 15 to 49. This has resulted 2. Statement of Work risk of contracting HIV/AIDS. in teachers who are less effective in the Taking into account the challenges of Primary education in Mozambique is classroom and often absent from school. educating working children in divided into two cycles: a lower level, Turnover is high, and schools often Mozambique, the applicant must EP1, consisting of 5 years and a higher have to resort to hiring untrained implement creative and innovative level, EP2, consisting of 2 years. teachers. It is estimated that AIDS could approaches to promote policies and Education is compulsory and free lead to a 17 percent decline in teacher services that will enhance the provision through the age of 12, but there is a numbers by 2010. HIV/AIDS-affected of educational opportunities for matriculation fee for each child. children that remain in school face children involved in or at risk of

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entering exploitive child labor. Projects applicable, the expected outcomes/ among target children, hours of work, funded under this cooperative results of the project are to: (1) Reduce age and sex distribution of the proposed agreement solicitation must focus on the number of children engaged in or at beneficiaries, educational performance direct education service(s) delivery to risk of entering exploitive child labor, relative to other children, if available, targeted children, including the (2) increase educational opportunities and any research or other data that provision of educational services that and access (enrollment) for children might indicate correlations between address the specific gaps/challenges that who are at risk of, engaging in, and/or educational performance and hours of working or at-risk children from removed from exploitive child labor, work. Applicants are also encouraged to attending or staying in school. particularly its worst forms; (3) propose strategies for collecting further USDOL defines educational services encourage retention in and completion data on exploitive child labor and and/or training opportunities as follows: of educational programs; and (4) expand children’s participation in schooling in (1) Non-formal or basic literacy the successful transition of children the early stages of the project’s baseline education, as demonstrated by from non-formal education programs data collection. enrollment in educational classes into formal schools or vocational When developing their proposed provided by the program. These classes programs. strategy and writing the application, may include transitional, leveling, or The applicant must identify a target applicants must consult and make literacy classes so that a child may number of urban and/or rural children reference to relevant literature and either be mainstreamed into formal engaged in or at risk engaging in documents relating to child labor and school and/or can participate in exploitive and/or worst forms of child the education of target children in vocational training activities; (2) labor in Mozambique, who would be the Mozambique. Furthermore, the Vocational, pre-vocational, or skills direct beneficiaries of a Child Labor application must demonstrate training, as demonstrated by enrollment Education Initiative project, and the familiarity with existing child labor, in training courses in order to develop geographic areas of greatest need. Direct education and social welfare policies, a particular skill (e.g., mechanics, beneficiaries are children who are plans and projects in Mozambique, sewing, etc); (3) Mainstreaming/ withdrawn or prevented from entering which the applicant is using to inform Transitioning into the formal education exploitive child labor, particularly its project design for target children. system, non-formal education, worst forms, by USDOL-funded projects. Applicants will also be evaluated on vocational, pre-vocational, or skills Children withdrawn from exploitive their knowledge of other donors’ training after having received assistance work are those children who were found programs as they pertain to the from the project to enable them to enroll working and no longer work as a result education of target children in in such programs. The assistance of a project intervention. This category Mozambique. In identifying unmet provided by the project could include also includes those children that were needs, gaps and opportunities not being one or more of the following services: engaged in exploitive work and as a addressed by existing programs and the provision of school meals, uniforms, result of a project’s intervention now current efforts, and in proposing their books, school supplies and materials, work shorter hours under safer own strategy, applicants must show tuition and transportation vouchers, or conditions. Children prevented from how their knowledge of the school other types of incentives that enable the entering work are those children who calendar and the requirements of basic, child to be enrolled in an education are either siblings of (ex) working non-formal, and vocational education program; and (4) Formal school children or those children who are systems will be used to develop an enrollment, by directly supporting a considered to be at high risk of engaging approach that successfully enrolls child’s enrollment, retention, and in exploitive work. In order to be children in educational programs as completion in the formal school system. considered withdrawn or prevented, the quickly as possible and without missing Similar to the assistance provided under child must benefit from educational or an academic year or program cycle. The mainstreaming, assistance provided by training opportunities. This is measured applicant must identify the direct cost the project could include one or more of by enrollment into school or training per child of maintaining the child in the the following services: The provision of programs. The project’s strategy must be educational program, and of uniforms, books, school supplies and to remove these children from or withdrawing the child from exploitive/ materials, tuition and transportation prevent them from entering exploitive hazardous or worst forms of child labor. vouchers, or other types of incentives child labor and to provide them with These costs must be realistic, and based that enable the child to be enrolled and educational and other services to on existing costs of similar programs. maintained in the formal school system. prevent them from engaging in such Applicants must design and implement Activities such as awareness raising exploitive and/or worst forms of child a project monitoring system that allows and social mobilization campaigns, labor in the future. for the tracking of direct beneficiaries’ psychosocial services for children, In preparing the application, in order work and school status. In addition, as improvements in curriculum, teacher to identify gaps, unmet needs, and child labor projects tend to be training or improvements to school opportunities that could be addressed implemented in resource-poor infrastructure are important for through a USDOL Child Labor environments where government improving access to and quality of basic Education Initiative project, applicants education and labor inspection systems education. While grantees are must conduct a needs assessment to may be limited, applicants are encouraged to address the needs of make a preliminary identification of the encouraged to work with local working children in a comprehensive current working and educational status stakeholders to develop sustainable manner, these activities will not be of the children who the applicant child labor and education monitoring considered as direct services for proposes as beneficiaries. It is expected systems, including community-based individual children. Rather, direct that the information gathered during systems, that can complement services are those that meet the basic this assessment will be refined after government efforts to monitor children’s needs of individual children that are award. The assessment, with data working and educational status beyond direct beneficiaries of the project. sources, must include information on the life of the project and enforce the Through improved policies and direct the incidence and nature of exploitive country’s child labor and education education service delivery, as child labor, particularly the worst forms, laws. The applicant must also identify

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organizations in Mozambique, including develop synergies, the cooperative foundation for the final project type of local organizations (e.g, rural, agreement awardee (hereafter referred to document that must be approved within indigenous), which could potentially as ‘‘Grantee’’) must work cooperatively six months after award of the implement or contribute to a future with national stakeholders in cooperative agreement. project. Applicants are encouraged to developing project interventions. If the application does not propose develop approaches that support youth Applicants are expected to consider the interventions aimed toward the target participation within efforts to eliminate economic and social contexts of the group or geographical area as identified, the worst forms of child labor. Mozambique when formulating project then the application will be considered The application must also take into strategies and to recognize that unresponsive and will be rejected. account cross-cutting themes that could approaches applicable in one country affect project results in Mozambique, Note to All Applicants: Grantees are may not be relevant to others. expected to consult with and work and meaningfully incorporate them into USDOL will notify host government cooperatively with stakeholders in the the proposed strategy, either to increase ministry officials of the proposed country, including the Ministries of opportunities or reduce threats to project. During the preparation of an Education, Labor, and other relevant successful implementation. In application for this cooperative ministries, non-governmental organizations Mozambique, these include: (1) The agreement solicitation, applicants may (NGOs), national steering/advisory impact that HIV/AIDS is having in terms discuss proposed interventions, committees on child labor, education, faith of increasing children’s vulnerability to strategies, and activities with host and community-based organizations, and exploitive labor and decreasing their government officials and civil society working children and their families. Grantees should ensure that their proposed activities access to quality educational organizations. and interventions are within those of the opportunities; (2) barriers to children’s Partnerships between more than one country’s national child labor and education access to schooling, including organization are also eligible for award frameworks and priorities, as applicable. matriculation fees and other related and are encouraged, in particular with Grantees are strongly encouraged to schooling costs, and deficiencies in the qualified, target country based collaborate with existing projects, country’s educational infrastructure; (3) organizations in order to build local particularly those funded by USDOL, non-education system barriers that capacity; in such a case, however, a lead including Timebound Programs and other could prevent the withdrawal of organization must be identified, and projects implemented by the International relationships with partner organizations Labor Organization’s International Program children from work and their on the Elimination of Child Labor (ILO/ participation in education programs, receiving funds must be codified in an IPEC). such as family income, cultural appropriate joint venture, partnership, attitudes; (4) factors affecting the quality or other contractual agreement. Copies As discussed in Section V(1)(D), up to and relevance of education available to of such agreements should be submitted five (5) extra points will be given to children, such as high student to teacher as an attachment to the application, and applications that include committed ratios, the loss of teachers to HIV/AIDS, will not count toward the page limit. non-Federal resources that significantly and curriculum that does not meet the Applicants are strongly encouraged to expand the project’s scope. However, needs of students; (5) government efforts enroll at least one-quarter of the applicants are instructed that the project to implement a plan of action to prevent children targeted by the proposed budget submitted with the application child labor and provide education for program in educational activities during must include all necessary and all; (6) the role of teachers, parents, and the first year of project implementation. sufficient funds, without reliance on community organizations; (7) the level Under this cooperative agreement other contracts, grants, or awards, to of awareness on the worst forms of child solicitation, vocational training for implement the applicant’s proposed labor and the importance of education, adolescents and income generating project activities and to achieve especially for girls, by key stakeholders; alternatives for parents are allowable proposed project goals and objectives and (8) strengths and weaknesses in the activities. Please note: USDOL reserves under this solicitation. If anticipated capacity of and coordination between the right to approve or disapprove funding from another contract, grant, or local organizations. alternative income-generating activities award fails to materialize, USDOL will In the course of implementation, each after award of the cooperative not provide additional funding to cover project must promote the goals of agreement. Permissible costs related to these costs. USDOL’s Child Labor Education alternative income-generating activities Initiative listed above in Section I(1)(A). for target families may include, but are II. Award Information In addition, each project funded under not limited to, skills training, tools, Type of assistance instrument: this solicitation must provide equipment, guides, manuals, and market cooperative agreement. USDOL’s educational and training opportunities feasibility studies. However, as stated in involvement in project implementation to children as a means to remove and/ Section IV(5)(B)(i), Grantees and sub- and oversight is outlined in Section or prevent them from engaging in contractors may not provide direct cash VI(2). The duration of the project(s) exploitive work. Because of the limited transfers to communities, parents, or funded by this solicitation is four (4) resources available under this award, children. years. The start date of program applicants are expected to implement Although USDOL is open to all activities will be negotiated upon programs that complement existing proposals for innovative solutions to awarding of the cooperative agreement, efforts and, where appropriate, replicate address the challenges of providing but will be no later than September 30, or enhance successful models to serve a increased access to education for the 2005. greater number of children and children targeted, the applicant must, at Up to U.S. $3 million will be awarded communities. However, applicants must a minimum, follow the outline of a under this solicitation. USDOL may not duplicate the activities of existing preliminary project design document award one or more cooperative efforts and/or projects and are expected presented in Appendix A, and, within agreements to one, several, or a to work within host government child that format, address all criteria, factors, partnership of more than one labor and education frameworks. To and required descriptions identified in organization(s) that may apply to avoid duplication, enhance Sections IV(2), V(1)(A), VI(3)(A) and implement the program. A Grantee must collaboration, expand impact, and VI(3)(D). This response will be the obtain prior USDOL approval for any

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sub-contractor proposed in the eligible for the receipt of Federal funds religious instruction, worship, prayer, application before award of the constituting an award, grant, proselytizing or other inherently cooperative agreement. The Grantee cooperative agreement, or loan. religious activities. may not sub-grant any of the funds 2. Cost Sharing or Matching Funds IV. Application and Submission obligated under this cooperative Information agreement. See Section VI(2)(B) for This solicitation does not require further information on sub-contracts. applicants to share costs or provide 1. Address To Request Application matching funds. However, the Package III. Eligibility Information leveraging of resources and in-kind This solicitation contains all of the 1. Eligible Applicants contributions is strongly encouraged and is a rating factor worth up to five necessary information and forms needed Any commercial, international, (5) additional points. to apply for cooperative agreement educational, or non-profit organization, funding. This solicitation is published including any faith-based, community- 3. Other Eligibility Criteria as part of this Federal Register notice. based, or public international In accordance with 29 CFR Part 98, Additional copies of the Federal organization capable of successfully entities that are debarred or suspended Register may be obtained from your developing and implementing education from receiving federal contracts or nearest U.S. Government office or programs for working children or grants shall be excluded from Federal public library or online at http:// children at risk of entering exploitive financial assistance and are ineligible to www.archives.gov/federal_register/ work in the country of interest is receive funding under this solicitation. index.html. eligible to apply. Partnerships of more In judging organizational capacity, 2. Content and Form of Application than one organization are also eligible, USDOL will take into account not only Submission and applicants are strongly encouraged information provided by an applicant, to work with organizations already but also information from USDOL, other Applicants must submit one (1) blue undertaking projects in the country of Federal agencies, and other ink-signed original, complete interest, particularly local NGOs, organizations regarding past application in English, plus two (2) including faith-based and community- performance of organizations that have copies of the application. based organizations. In the case of implemented or are implementing Child The application must consist of two partnership applications, a lead Labor Education Initiative projects, or (2) separate parts, as well as a table of organization must be identified, and the other projects or activities for USDOL contents and an abstract summarizing relationship with any partner and other Federal agencies (see Section the application in not more than two (2) organizations receiving funds must be V(1)(B)). Past performance will be rated pages. The table of contents and the set forth in an appropriate joint venture, by such factors as the timeliness of abstract are not included in the 45-page partnership, or other contractual deliverables, and the responsiveness of limit for Part II. Applicants should agreement. An applicant must the organization and its staff to USDOL number all pages of the application. demonstrate a country presence, or grantor communications regarding Part I of the application, the cost independently or through a relationship deliverables and cooperative agreement proposal, must contain the Standard with another organization(s) with or contractual requirements. In addition, Form (SF) 424, Application for Federal country presence, which gives it the USDOL will consider the performance Assistance and Sections A–F of the ability to initiate program activities of the organization’s key personnel on Budget Information Form SF 424A, upon award of the cooperative existing projects with USDOL or other available from ILAB’s Web site at http:/ agreement. See Section V(1)(B)(ii). entities, the frequency of the /www.dol.gov/ilab/grants/bkgrd.htm. Please Note: Applications from foreign organization’s replacement of key Copies of these forms are also available government and quasi-government personnel, and the quality and online from the General Services agencies will not be considered. timeliness of such key personnel Administration Web site at All applicants are requested to replacements. Lack of past experience http://contacts.gsa.gov/webforms.nsf/0/ complete the Survey on Ensuring Equal with USDOL projects, cooperative B835648D66D Opportunity for Applicants (OMB No. agreements, grants, or contracts is not a 1B8F985256A72004C58C2/$file/ 1225–0083, which is available online at bar to eligibility or selection under this sf424.pdf and http://contacts.gsa.gov/ http://www.dol.gov/ilab/grants/ solicitation. webforms.nsf/0/5AEB1FA6FB3B8 bkgrd.htm). The capability of an Faith-based organizations may apply 32385256A72004C8E77/$file/ applicant or applicants to perform for Federal funds under this solicitation. Sf424a.pdf. The individual signing the necessary aspects of this solicitation Neutral, non-religious criteria that SF 424 on behalf of the applicant must will be determined under the criteria neither favor nor disfavor religion will be authorized to bind the applicant. The outlined in the Application Review be employed in the selection of budget/cost proposal and any other Information section of this solicitation cooperative agreement recipients. accompanying charts or graphs must be (Section V(1)). Similarly, neutral, non-religious criteria written in 10–12 pitch font size. Please note that to be eligible, that neither favor nor disfavor religion Part II, the technical proposal, must cooperative agreement applicants must be employed by Grantees in the provide a technical application that classified under the Internal Revenue selection of project beneficiaries and identifies and explains the proposed Code as a 501(c)(4) entity (see 26 U.S.C. sub-contractors. program and demonstrates the 501(c)(4)), may not engage in lobbying In addition, per the provisions applicant’s capabilities to carry out that activities. According to the Lobbying outlined in Section 2 of Executive Order proposal. The technical application Disclosure Act of 1995, as codified at 2 13279 and 29 CFR 2.33(b), the U.S. must identify how the applicant will U.S.C. 1611, an organization, as Government is generally prohibited carry out the Statement of Work described in Section 501(c)(4) of the from providing direct financial (Section I(2) of this solicitation) and Internal Revenue Code of 1986, that assistance for inherently religious address each of the Application engages in lobbying activities directed activities. Funds awarded under this Evaluation Criteria found in Section toward the U.S. Government will not be solicitation may not be used for V(1).

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The Part II technical application must The only acceptable evidence to i. Construction with funds under this not exceed 45 single-sided (81⁄2″ x 11″), establish the date of mailing of a late cooperative agreement is subject to double-spaced, 10 to 12 pitch typed application sent by registered or USDOL approval and ordinarily should pages, and must include responses to certified mail is the U.S. Postal Service not exceed 10 percent of the project the application evaluation criteria postmark on the envelope or wrapper budget’s direct costs and is expected to outlined in Section V(1) of this and on the original receipt from the U.S. be limited to improving existing school solicitation. Part II must include a Postal Service. If the postmark is not infrastructure and facilities in the preliminary project design document legible, an application received after the project’s targeted communities. USDOL submitted in the format shown in above closing time and date shall be encourages applicants to cost-share and/ Appendix A and discussed further in processed as if mailed late. ‘‘Postmark’’ or leverage funds or in-kind Section VI(3)(A). The application must means a printed, stamped, or otherwise contributions from local partners when include the name, address, telephone placed impression (not a postage meter proposing construction activities in and fax numbers, and e-mail address (if machine impression) that is readily order to ensure sustainability. applicable) of a key contact person at identifiable without further action as ii. Under these cooperative the applicant’s organization in case having been applied and affixed by an agreements, vocational training for questions should arise. employee of the U.S. Postal Service on adolescents and income-generating Applications will only be accepted in the date of mailing. Therefore, alternatives for parents are allowable English. To be considered responsive to applicants should request that the postal activities. However, Federal funds this solicitation, the application must clerk place a legible hand cancellation under these cooperative agreements consist of the above-mentioned separate ‘‘bull’s-eye’’ postmark on both the cannot be used to provide micro-credits, parts. Any Applications that do not receipt and the envelope or wrapper. revolving funds, or loan guarantees. conform to these standards may be The only acceptable evidence to Please note: USDOL reserves the right to deemed unresponsive to this solicitation establish the date of mailing of a late negotiate the exact nature, form, or and may be rejected. Standard forms application sent by U.S. Postal Service scope of alternative income-generating and attachments are not included in the Express Mail Next Day Service-Post activities after award of the cooperative 45-page limit for Part II. However, any Office to Addressee is the date entered agreement. Permissible costs relating to additional information not required by the Post Office clerk on the ‘‘Express alternative income-generating activities under this solicitation will not be Mail Next Day Service-Post Office to may include, but are not limited to, considered. Addressee’’ label and the postmark on skills training, tools, equipment, guides, the envelope or wrapper on the original manuals, and market feasibility studies. 3. Submission Dates, Times, and iii. Awards will not allow receipt from the U.S. Postal Service. Address reimbursement of pre-award costs. Applications must be delivered (by ‘‘Postmark’’ has the same meaning as B. The following activities are also hand or mail) by 4:45 p.m., Eastern defined above. Therefore, applicants unallowable under this solicitation: Time, July 11, 2005 to: U.S. Department should request that the postal clerk i. The Grantee may not sub-grant any of Labor, Procurement Services Center, place a legible hand cancellation of the funds obligated under this 200 Constitution Avenue, NW., Room ‘‘bull’s-eye’’ postmark on both the cooperative agreement. Sub-granting N–5416, Washington, DC 20210, receipt and the envelope or wrapper. may not appear or be included in the Attention: Lisa Harvey, Reference: The only acceptable evidence to budget as a line item. In addition, Solicitation 05–04. Applications sent by establish the time of receipt at USDOL Grantees may not provide direct cash e-mail, telegram, or facsimile (FAX) will is the date/time stamp of the transfers to communities, parents, or not be accepted. Applications sent by Procurement Service Center on the children. The funding for this program non-Postal Service delivery services, application wrapper or other does not include authority for sub- such as Federal Express or UPS, will be documentary evidence of receipt grants and, as a matter of policy, USDOL accepted; however, the applicant bears maintained by that office. does not allow for direct cash transfers the responsibility for timely submission. Confirmation of receipt can be to target beneficiaries. USDOL, however, The application package must be obtained from Lisa Harvey, U.S. would support the purchase of received at the designated place by the Department of Labor, Procurement incidental items in the nature of date and time specified or it will be Services Center, telephone (202) 693– ‘‘participant support costs’’ under OMB considered unresponsive and will be 4570 (this is not a toll-free-number) or Circular A–122, Attachment B, No. 34, rejected. Any application received at the e-mail: [email protected]. All which are necessary to ensure that target Procurement Services Center after the applicants are advised that U.S. mail children have access to schooling. These deadline will not be considered unless delivery in the Washington DC area can participant support costs may include it is received before the award is made be slow and erratic due to concerns such items as uniforms and school and: involving contamination. All applicants supplies, and the provision of tuition A. It is determined by the Government must take this into consideration when and transportation costs in the form of that the late receipt was due solely to preparing to meet the application vouchers to the provider of services. If mishandling by the Government after deadline. an applicant proposes the provision of participant support costs, the applicant receipt at USDOL at the address 4. Intergovernmental Review indicated; and/or must specify: (1) Why these activities B. It was sent by registered or certified This funding opportunity is not and interventions are necessary, and mail not later than the fifth calendar day subject to Executive Order 12372, how they will contribute to the overall before the deadline; or ‘‘Intergovernmental Review of Federal project goals; and (2) how the C. It was sent by U.S. Postal Service Programs.’’ disbursement of funds will be Express Mail Next Day Service-Post administered in order to maximize 5. Funding Restrictions Office to Addressee, not later than 5 pm efficiency and minimize the risk of at the place of mailing two (2) working A. In addition to those specified misuse. The applicant must also address days, excluding weekends and Federal under OMB Circular A–122, the how participant support costs being holidays, prior to the deadline. following costs are also unallowable: funded by the project will be made

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sustainable once the project is form of work. Foreign non-governmental information provided in the project completed. organizations, and their sub-contractors, design document. If proposed participant support costs that receive U.S. Government funds to This component of the application are approved by USDOL, these items fight trafficking in persons cannot lobby must demonstrate the applicant’s must be purchased or paid for directly for, promote or advocate the legalization thorough knowledge and understanding by the Grantee or its sub-contractor(s), or regulation of prostitution as a of the issues, barriers, and challenges as opposed to handing cash directly to legitimate form of work. It is the involved in providing education to children or other individuals. responsibility of the Grantee to ensure children engaged in or at risk of ii. Under these cooperative its sub-contractors meet these criteria. engaging in exploitive child labor, agreements, awareness raising and (The U.S. Government is currently particularly its worst forms; best- advocacy activities cannot include fund- developing language to specifically practice solutions to address their raising or lobbying of the U.S. Federal, address Public International needs; and the policy and implementing State or Local Governments (see OMB Organizations’ implementation of the environment in the selected country. Circular A–122). above anti-prostitution prohibition. If a When preparing the technical proposal, iii. In accordance with OMB Circular project under this solicitation is the applicant must follow the outline A–122, funds awarded under this awarded to such an organization, provided in Appendix A, and at cooperative agreement may be used to appropriate substitute language for the minimum include a description of: cover the costs of meetings and above prohibition will be included in i. Children Targeted—The applicant conferences, as long as the primary the project’s cooperative agreement.) must identify which and how many purpose of such an event is the children are expected to receive direct dissemination of technical information. FOR FURTHER INFORMATION CONTACT: Lisa Harvey. E-mail address: and indirect services from the project, These costs include meals, including the sectors in which they transportation, rental of facilities, [email protected]. For a list of frequently asked questions on USDOL’s work, geographical location, and other speakers’ fees, and other items relevant characteristics. Please refer to incidental to such meetings or Child Labor Education Initiative Solicitation for Cooperative Agreement, Section I(2) for USDOL’s definition of conference. educational services and training iv. USDOL funds awarded under this please visit http://www.dol.gov/ILAB/ faq/faq36.htm. opportunities for children targeted solicitation are not intended to under this solicitation. duplicate or substitute for host-country V. Application Review Information Children are defined as persons under government efforts or resources the age of 18 who have been engaged or 1. Application Evaluation Criteria intended for child labor or education at risk of engaging in the worst forms of programs. Thus, Grantees may not Technical panels will review child labor as defined by ILO provide any of the funds awarded under applications written in the specified Convention 182, or those under the legal this cooperative agreement to foreign format (see Section I, Section IV(2) and working age of the country and who are government entities, ministries, Appendix A) against the various criteria engaged or at risk of engaging in other officials, or political parties. However, on the basis of 100 points. Up to five hazardous and/or exploitive activities. sub-contracts with foreign government additional points will be given for the Under this solicitation, at-risk children agencies may be awarded to provide inclusion of non-Federal leveraged are defined as siblings of working direct services or undertake project resources as described below in Section children, or children living in areas activities subject to applicable laws and V(1)(D). Applicants are requested to with a high incidence of exploitive only after a competitive procurement prepare their technical proposal (45 child labor. process has been conducted and no page maximum) organized in ii. Needs/Gaps/Barriers—The other entity in the country is able to accordance with Appendix A, and applicant must describe the specific provide these services. The Grantee address all of the following rating gaps/educational needs of the children must receive prior USDOL approval factors, which are presented in the order targeted that the project will address. before sub-contracting the provision of of emphasis that they will receive, and direct services to foreign government Note: The number of children targeted by the maximum rating points for each the project must be commensurate with the agencies. factor. v. Applicants are reminded that U.S. need in the geographical area or sector where Executive Orders and U.S. law prohibit Program Design/Budget-Cost the project will be implemented. In addition, transactions with, and the provision of Effectiveness: 45 points. the budget proposed should take into account Organizational Capacity: 30 points. the type of work in which the target children resources and support to, individuals are currently engaged. and organizations associated with Management Plan/Key Personnel/ terrorism. It is the legal responsibility of Staffing: 25 points. iii. Proposed Strategy—The applicant the Grantee to ensure compliance with Leveraging Resources: 5 extra points. must discuss the proposed strategy to these Executive Orders and laws. This A. Project/Program Design/Budget-Cost address gaps/needs/barriers of the provision must be included in all sub- Effectiveness: (45 Points) children targeted and its rationale. contracts issued under the cooperative Applicants will be rated based on the agreement. This part of the application quality and pertinence of proposed vi. The U.S. Government is opposed constitutes the preliminary project strategies. Please refer to Section I(2) for to prostitution and related activities, design document described in Section USDOL’s definition of educational which are inherently harmful and VI(3)(A), and outlined in Appendix A. services and training opportunities for dehumanizing, and contribute to the The applicant’s proposal must describe children targeted under this solicitation. phenomenon of trafficking in persons. in detail the proposed approach to iv. Sustainability Plan—The applicant U.S. non-governmental organizations, comply with each requirement. must discuss a proposed plan for and their sub-contractors, cannot use Applicants will be rated based on their sustainability of project efforts. To U.S. Government funds to lobby for, understanding of the child labor and USDOL, sustainability is linked to promote or advocate the legalization or education context in the host country, project impact and the ability of regulation of prostitution as a legitimate as well as on the clarity and quality of individuals, communities, and a nation

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to ensure that the activities or changes guidance on common indicators will be unexpected expenses essential to implemented by a project endure. A provided after award, thus applicants meeting project goals, such as host project’s impact is manifested at the should focus their program management country currency devaluations, security level of individuals, organizations, and and performance assessment responses costs, etc. USDOL will not provide systems. For individual children and toward the development of their additional funding to cover their families this would mean a project’s monitoring strategy in support unanticipated costs. Grantees must positive and enduring change in their of the delivery of direct education and obtain prior approval from USDOL life conditions as a result of project training opportunities to working before using contingency funds. If these interventions. At the level of children and those engaged in or at risk funds have not been exhausted toward organizations and systems, sustained of engaging in exploitive work, and the the end of the project period, USDOL impact would involve continued four goals of the Child Labor Education and the Grantee will determine whether commitment and ability (including Initiative set out in Section I(1)(A). it is appropriate to reallocate the funds financial commitment and policy Because of the potentially significant to direct educational or training services change) by project partners to continue links between hours worked, working or return the funds to USDOL. the actions generated by the project, conditions, and school performance, Grantees should also budget for a including enforcement of existing Grantees are encouraged to collect facilitator-led project launch meeting in policies that target child labor and information to track this correlation the target country, which will allow key school attendance. Applicants will be among project beneficiaries. Applicants stakeholders to discuss issues of project rated based on the pertinence and proposing innovative methodologies in design and monitoring. appropriateness of the proposed this area will be rated more highly. When developing their applications, sustainability plan. Please note: In addition to reporting on the applicants are also expected to allocate v. Description of Activities—The the largest proportion of resources to applicant must provide a detailed common indicators, applicants will be expected to track the working status, educational activities aimed at targeted description of proposed activities that conditions, and hours of targeted children, children, rather than direct and/or relate to the gaps/needs/barriers to be including the withdrawal of children from indirect administrative costs. Higher addressed, including training and exploitive/hazardous working conditions. ratings may be given to applicants with technical assistance to be provided to Applicants are also expected to explore cost- low administrative costs and with a project staff, host country nationals and effective ways of assessing the impact of budget breakdown that provides a larger community groups involved in the proposed services/interventions to indirect amount of resources to project activities. beneficiaries. project. The proposed approach is All projected costs should be reported, expected to build upon existing Applicants are expected to budget for as they will become part of the activities, government policies, and costs associated with collecting and cooperative agreement upon award. In plans, and avoid needless duplication. reporting on the common indicators their cost proposal (Part I of the Please refer to Section I(2) for USDOL’s (enrollment, retention, and completion), application), applicants must reflect a definition of educational services and data management, tracking the working breakdown of the total administrative training opportunities for children status children, and assessing the costs into direct administrative costs targeted under this solicitation. impact of services/interventions to and indirect administrative costs. This vi. Work Plan—The applicant must indirect beneficiaries. section will be evaluated in accordance provide a detailed work plan and viii. Budget/Cost Effectiveness—The with applicable Federal laws and timeline for the proposed project, applicant must show how the budget regulations. The budget must comply preferably with a visual such as a Gantt reflects program goals and design in a with Federal cost principles (which can chart. Applicants will be rated based on cost-effective way to reflect budget/ be found in the applicable OMB the clarity and quality of the performance integration. The budget Circulars). An example of an Outputs information provided in the work plan. must be linked to the activities and Based Budget has been provided as Note: Applicants are also encouraged to outputs of the implementation plan Annex B. enroll one-quarter of the targeted children in listed above. The budget proposed Applicants are encouraged to discuss educational activities during the first year of should also take into account the type the possibility of exemption from project implementation. of work in which the target children are customs and Value Added Tax (VAT) vii. Program Management and currently engaged. with host government officials during Performance Assessment—The This section of the application must the preparation of an application for this applicant must describe: (1) How explain the costs for performing all of cooperative agreement. While USDOL management will ensure that the goals the requirements presented in this encourages host governments to not and objectives will be met; (2) how solicitation, and for producing all apply custom or VAT taxes to USDOL- information and data will be collected required reports and other deliverables. funded programs, some host and used to demonstrate the impacts of Costs must include labor; equipment; governments may nevertheless choose the project; and (3) what systems will be travel; annual single audits or to assess such taxes. USDOL may not be put in place for self-assessment, attestation engagements (as applicable); able to provide assistance in this regard. evaluation, and continuous midterm and final evaluations; and Applicants should take into account improvement. Note to All Applicants: other related costs. Applications are such costs in budget preparation. If USDOL has already developed common expected to allocate sufficient resources major costs are omitted, a Grantee may indicators (enrollment, retention, and to proposed studies, assessments, not be allowed to include them later. completion) and a database system for surveys, and monitoring and evaluation B. Organizational Capacity (30 Points) monitoring children’s educational activities, including costs associated progress that can be used and adapted with collecting information for and Under this criterion, the applicant by Grantees after award. However, reporting on the common indicators. In must present the qualifications of the Grantees will be responsible for entering addition, the budget should include a organization(s) implementing the information on each project beneficiary contingency provision, calculated at 5% program/project. The evaluation criteria into this database system. Further of the project’s total direct costs, for in this category are as follows:

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i. International Experience—The audit, the application will be considered v. Experience—The application must organization applying for the award has unresponsive and will be rejected. include information on previous and international experience implementing If the applicant is a for-profit or current grants, cooperative agreements, basic, transitional, non-formal, or foreign-based organization, a copy of its or contracts of the applicant with vocational education programs that most current independent financial USDOL and other Federal agencies that address issues of access, quality, and audit must accompany the application are relevant to this solicitation, policy reform for vulnerable children as an attachment. including: including children at risk of or engaging Applicants should also submit a copy (a) The organizations for which the in exploitive child labor, preferably in of the most recent single audit report for work was done; the country of interest. all proposed U.S.-based, non-profit (b) A contact person in that ii. Country Presence—Given the need partners, and sub-contractors that are organization with his/her current phone to provide children engaged in the worst subject to the Single Audit Act. If the number; forms of child labor with immediate proposed partner(s) is a for-profit or (c) The dollar value of the grant, assistance in accessing educational and foreign-based organization, a copy of its contract, or cooperative agreement for training opportunities, applicants will most current independent financial the project; be evaluated on their ability to start up audit should accompany the application (d) The time frame and professional project activities soon after signing a as an attachment. Applicants may wish effort involved in the project; cooperative agreement. Having country to review the audits of prospective (e) A brief summary of the work presence, or partnering with in-country organizations before deciding whether performed; and organizations, presents the best chance they want to partner with or sub- (f) A brief summary of of expediting the delivery of services to contract to them under an Education accomplishments. children engaged or at risk of engaging Initiative cooperative agreement. This information on previous grants, in the worst forms of child labor. In cooperative agreements, and contracts their application, applicants must Note to All Applicants: In order to expedite the Procurement screening of held by the applicant must be provided address country presence; outreach to applications, and to ensure that the in appendices and will not count government and non-governmental appropriate audits are attached to the against the maximum page requirement. organizations, including local and proposals, the applicant must provide a cover USDOL reserves the right to contact the community-based organizations; and the sheet to the audit attachments listing all organizations listed and use the ability of the organization to start up proposed partners and sub-contractors. These information provided in evaluating project activities in a timely fashion. attachments will not count toward the applications. Applicants may submit supporting application page limit. documentation with their application Note to All Applicants: In judging USDOL reserves the right to ask organizational capacity, USDOL will take demonstrating country presence and/or further questions on any audit report outreach to host government ministries into account not only information provided submitted as part of an application. by an applicant, but also information from and non-governmental organizations in USDOL also reserves the right to place the Department and others regarding past the country. These attachments will not special conditions on Grantees if performance of organizations already count toward the page limit. concerns are raised in their audit implementing Child Labor Education Within 60 days of award, an reports. Initiative projects or activities for USDOL applicant, or its partners, must be and others. Past performance will be rated by formally recognized by the host Note to All Applicants: If a copy of the such factors as the timeliness of deliverables, government using the appropriate most recent audit report is not submitted as and the responsiveness of the organization mechanism, e.g., Memorandum of part of the application, the application will and its staff to USDOL or grantor Understanding or local registration of be considered unresponsive and will be communications regarding deliverables and the organization. An applicant must rejected. In addition, if the audit submitted cooperative agreement or contractual demonstrate, independently or through by the applicant reflects any adverse requirements. In addition, the performance of opinions, the application will not be further the organization’s key personnel on existing a relationship with another considered by the technical review panel and projects with USDOL or other entities, organization(s), the ability to initiate will be rejected. whether the organization has a history of program activities upon award of the replacing key personnel with similarly cooperative agreement, as well as the iv. Coordination—If two or more qualified staff, and the timeliness of capability to work directly with organizations are applying for the award replacing key personnel, will also be taken government ministries, educators, civil in the form of a partnership or joint into consideration when rating past society leaders, and other local faith- venture, they must demonstrate an performance. Lack of past experience with based or community organizations. approach to ensure the successful USDOL projects, cooperative agreements, iii. Fiscal Oversight—The collaboration including clear grants, or contracts is not a bar to eligibility organization shows evidence of a sound delineation of respective roles and or selection under this solicitation. financial system. responsibilities. Although each partner If the applicant is a U.S.-based, non- will bear independent legal liability for C. Management Plan/Key Personnel/ profit organization already subject to the the entire project, the applicants must Staffing (25 Points) single audit requirements, the identify a lead organization and must Successful performance of the applicant’s most recent single audit, as submit the joint venture, partnership, or proposed work depends heavily on the submitted to the Federal Audit other contractual agreement as an management skills and qualifications of Clearinghouse, must accompany the attachment (which will not count the individuals committed to the application as an attachment. In toward the page limit). If a partnership project. Accordingly, in its evaluation of addition, applications must show that between two or more organizations is each application, USDOL will place they have complied with report proposed, applicants are encouraged to emphasis on the applicant’s submission timeframes established in outline the deliverables, activities, and management approach and commitment OMB Circular A–133. If an applicant is corresponding timeline for which each of personnel qualified for the work not in compliance with the organization will be responsible for involved in accomplishing the assigned requirements for completing their single completing. tasks. This section of the application

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must include sufficient information to Director must have a minimum of three and knowledge of the Government judge management and staffing plans, years of professional experience in a Performance and Results Act. and the experience and competence of leadership role in implementation of Individuals with a demonstrated ability program staff proposed for the project to complex basic education programs in to build capacity of the project team and assure that they meet the required developing countries in areas such as: partners in these domains will be given qualifications. Education policy; improving special consideration. Note that management and educational quality and access; Information provided on key professional technical staff members educational assessment of personnel candidates must include the comprising the applicant’s proposed disadvantaged students; development of following: team should be individuals who have community participation in the • The educational background and prior experience with organizations improvement of basic education for experience of all key personnel to be working in similar efforts, and who are disadvantaged children; and monitoring assigned to the project. fully qualified to perform work and evaluation of basic education • The special capabilities of key specified in the Statement of Work. projects. Consideration will be given to personnel that demonstrate prior Where sub-contractors or outside candidates with additional years of experience in organizing, managing and assistance are proposed, organizational experience including experience performing similar efforts. lines of authority and responsibility working with officials of ministries of • The current employment status of should be clearly delineated to ensure education and/or labor. Preferred key personnel and availability for this responsiveness to the needs of USDOL. candidates must also have knowledge of project. The applicant must also exploitive child labor issues, and indicate whether the proposed work Note to All Applicants: All key personnel experience in the development of must allocate 100 percent of their time to the will be performed by persons currently project and be present within the target transitional, formal, and vocational employed by the applying organization country. Key personnel positions must not be education of children removed from or is dependent upon planned combined. Proposed key personnel exploitive child labor and/or victims of recruitment or sub-contracting. candidates must sign letters of agreement to the worst forms of child labor. Fluency ii. Other Professional Personnel—The serve on the project, and indicate availability in English is required and working applicant must identify other program to commence work within 30 days of knowledge of the official language of the cooperative agreement award. Applicants personnel proposed to carry out the target country, or at least one of the requirements of this solicitation. The must submit these letters as an attachment to official languages if there is more than the application. (These will not count toward applicant must also indicate whether one, is preferred. the proposed work by other professional the page limit). If key personnel letters of (b) An Education Specialist who will agreement to serve on the project are not personnel will be performed by persons provide leadership in developing the submitted as part of the application, the currently employed by the organization technical aspects of this project in application will be considered unresponsive or is dependent upon planned and will be rejected. collaboration with the Project Director. This person must have at least three recruitment or sub-contracting. i. Key personnel—The applicant must years experience in basic education iii. Management Plan—The identify all key personnel candidates projects in developing countries in areas management plan must include the proposed to carry out the requirements including student assessment, teacher following: of this solicitation. ‘‘Key personnel’’ are training, educational materials (a) A description of the functional staff (Project Director, Education development, educational management, relationship between elements of the Specialist, and Monitoring and and educational monitoring and project’s management structure; and Evaluation Officer) who are essential to information systems. This person must (b) The responsibilities of project staff the successful operation of the project have experience in working successfully and management and the lines of and completion of the proposed work with ministries of education, networks authority between project staff and other and, therefore, as detailed in Section of educators, employers’ organizations elements of the project. VI(2)(C), may not be replaced or have and trade union representatives or Note: Applicants will be rated based on the hours reduced without the approval of comparable entities. Additional clarity and quality of the information the Grant Officer. If key personnel experience with exploitive child labor/ provided in the management plan. candidates are not designated, the education policy and monitoring and application will be considered evaluation is an asset. A working iv. Staff Loading Plan—The staff unresponsive and will be rejected. Note: knowledge of English is preferred, as is loading plan must identify all key tasks preference may be given to applicants a similar knowledge of the official and the person-days required to who propose qualified key personnel language(s) spoken in the target country. complete each task. Labor estimated for who have extensive experience in the (c) A Monitoring and Evaluation each task must be broken down by host country. Officer who will oversee the individuals assigned to the task, (a) A Project Director who will be implementation of the project’s including sub-contractors and responsible for overall project monitoring and evaluation strategies consultants. All key tasks should be management, supervision, and requirements. This person should charted to show time required to administration, and implementation of have at least three years progressively perform them by months or weeks. the requirements of the cooperative responsible experience in the v. Roles and Responsibilities—The agreement. He/she will establish and monitoring and evaluation of applicant must include a resume, as maintain systems for project operations; international development projects, well as a description of the roles and ensure that all cooperative agreement preferably in education and training or responsibilities of all key and deadlines are met and targets are a related field. Related experience can professional personnel proposed. achieved; maintain working include strategic planning and Resumes must be submitted as an relationships with project stakeholders performance measurement, indicator attachment to the application and will and partners; and oversee the selection, quantitative and qualitative not count toward the page limit. If preparation and submission of progress data collection and analysis resumes of key personnel candidates are and financial reports. The Project methodologies, database management, not submitted as part of the application,

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the application will be considered iv. Resumes of all key personnel solicitation. Unless specifically unresponsive and will be rejected. candidates. provided in the cooperative agreement, At a minimum, each resume must v. Signed letters of agreement to serve USDOL’s acceptance of a proposal and/ include: The individual’s current on the project from all key personnel or award of Federal funds does not employment status and previous work candidates. waive any cooperative agreement experience, including position title, Each complete application will be requirements and/or procedures. duties, dates in position, employing objectively rated by a technical review VI. Award Administration Information organizations, and educational panel against the criteria described in background. Duties must be clearly this announcement. Applicants are 1. Award Notices defined in terms of role performed, e.g., advised that panel recommendations to The Grant Officer will notify manager, team leader, and/or the Grant Officer are advisory in nature. applicants of designation results as consultant. The application must The Grant Officer may elect to select a follows: indicate whether the individual is Grantee on the basis of the initial Designation Letter: The designation currently employed by the applicant, application submission; or, the Grant letter signed by the Grant Officer will and (if so) for how long. Officer may establish a competitive or serve as official notice of an technically acceptable range from which D. Leveraging Resources (5 Points) organization’s designation. The qualified applicants will be selected. If designation letter will be accompanied USDOL will give up to five (5) deemed appropriate, the Grant Officer by a cooperative agreement and ICLP’s additional rating points to applications may call for the preparation and receipt Management Procedures and Guidelines that include committed non-Federal of final revisions of applications, (MPG). resources that significantly expand the following which the evaluation process Non-Designation Letter: Any dollar amount, size and scope of the described above may be repeated, in organization not designated will be application. These programs or whole or in part, to consider such notified formally of the non-designation activities will not be financed by the revisions. The Grant Officer will make and given the basic reasons for the project, but can complement and final selection determinations based on determination. enhance project objectives. Applicants panel findings and consideration of Notification by a person or entity are also encouraged to leverage factors that represent the greatest other than the Grant Officer that an activities, such as micro-credit, advantage to the government, such as organization has or has not been revolving funds, or loan guarantees, cost, the availability of funds, and other designated is not valid. which are not directly allowable under factors. If USDOL does not receive 2. Administrative and National Policy the cooperative agreement. To be technically acceptable applications in Requirements eligible for the additional points, the response to this solicitation, USDOL applicant must list the source(s) of reserves the right to terminate the A. General resources, the nature, and possible competition and not make any award. activities anticipated with these Grantee organizations are subject to The Grant Officer’s determinations for applicable U.S. Federal laws (including resources under this cooperative awards under this solicitation are final. agreement and any partnerships, provisions of appropriations law) and linkages or coordination of activities, Note to All Applicants: Selection of an regulations, Executive Orders, cooperative funding, etc. Staff time of organization as a cooperative agreement applicable Office of Management and recipient does not constitute approval of the Budget (OMB) Circulars, and USDOL proposed key personnel may not be cooperative agreement application as submitted as a leveraged resource. policies. If during project submitted. Before the actual cooperative implementation a Grantee is found in 2. Review and Selection Process agreement is awarded, USDOL may enter into violation of U.S. government laws and best and final negotiations about such items regulations, the terms of the cooperative The Office of Procurement Services at as program components, funding levels, and USDOL will screen all applications to administrative systems in place to support agreement awarded under this determine whether all required cooperative agreement implementation. If the solicitation may be modified by USDOL, elements, as identified in section IV(2) negotiations do not result in an acceptable costs may be disallowed and recovered, above, are present and clearly submission, the Grant Officer reserves the the cooperative agreement may be identifiable. If an application does not right to terminate the negotiation and decline terminated, and USDOL may take other include all of the required elements, to fund the application. In addition, USDOL action permitted by law. Determinations reserves the right to further negotiate of allowable costs will be made in including required attachments, it will program components after award, during the be considered unresponsive and will be accordance with the applicable U.S. project design document submission and Federal cost principles. rejected. Once an application is deemed review process. See Section VI(3)(A). unresponsive, the Office of Procurement Grantees must also submit to an Services will send a letter to the Award of a cooperative agreement annual independent audit. Single audits applicant, which will state that the under this solicitation may also be conducted under the provisions of OMB application was incomplete, indicate contingent upon an exchange of project Circular A–133 are to be submitted by which document was missing from the support letters between USDOL and the U.S. based non-profit organizations to application, and explain that the relevant ministries in the target country. meet the annual independent audit technical review panel will be unable to requirement. For foreign-based and 3. Anticipated Announcement and private for-profit Grantees, an attestation rate the application. Award Dates The following documents must be engagement, conducted in accordance included in the application package in Designation decisions will be made, with U.S. ‘‘Government Auditing order for the application to be deemed where possible, within 45 days after the Standards,’’ that includes an auditor’s complete and responsive: deadline for submission of proposals. opinions on (1) compliance with the i. A cost proposal. USDOL is not obligated to make any Department’s regulations and the ii. A technical proposal. awards as result of this solicitation, and provisions of the cooperative agreement iii. The applicant’s most recent audit only the Grant Officer can bind USDOL and (2) the reliability of the Grantee’s report. to the provision of funds under this financial and performance reports must

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be submitted to meet the annual audit attestation engagements (as applicable); on the project as planned. A Grantee requirement. Costs for these audits or closeout; mid-term and final may nominate substitute key personnel attestation engagements should be evaluations; project-related document and submit the nominations to the included in direct or indirect costs, preparation, including deliverables; as GOTR. A Grantee may also propose whichever is appropriate. well as compliance with procurement reducing the hours of key personnel; The cooperative agreements awarded and property standards. Copies of all however, a Grantee must obtain prior under this solicitation are subject to the regulations referenced in this approval from the Grant Officer for all following administrative standards and solicitation are available at no cost, on- such changes to key personnel. If the provisions, and any other applicable line, at http://www.dol.gov. Grant Officer is unable to approve the standards that come into effect during Grantees should be aware that terms key personnel change, he/she reserves the term of the cooperative agreement, outlined in this solicitation, the the right to terminate the cooperative if applicable to a particular Grantee: cooperative agreement, and the MPGs agreement or disallow costs. Please i. 29 CFR Part 2 Subpart D—Equal are all applicable to the implementation note: As stated in Section V(1)(B)(v), the Treatment in Department of Labor of projects awarded under this performance of the organization’s key Programs for Religious Organizations; solicitation. personnel on existing projects with Protection of Religious Liberty of USDOL or other entities, and whether B. Sub-Contracts Department of Labor Social Service the organization has a history of Providers and Beneficiaries. The Grantee may not sub-grant any of replacing key personnel with equally ii. 29 CFR Part 31— the funds obligated under this qualified staff, will be taken into Nondiscrimination in Federally cooperative agreement. Sub-granting consideration when rating past Assisted Programs of the Department of may not appear or be included in the performance. budget as a line item. However, sub- Labor— Effectuation of Title VI of the D. Encumbrance of Cooperative contracts may be included as a budget Civil Rights Act of 1964. Agreement Funds iii. 29 CFR Part 32— line item. Nondiscrimination on the Basis of All relationships between the Grantee Cooperative agreement funds may not Handicap in Programs and Activities and partner organizations receiving be encumbered/obligated by a Grantee Receiving or Benefiting from Federal funds under this solicitation must be set before or after the period of Financial Assistance. forth in an appropriate joint venture, performance. Encumbrances/obligations outstanding as of the end of the iv. 29 CFR Part 33—Enforcement of partnership, or other contractual cooperative agreement period may be Nondiscrimination on the Basis of agreement. Copies of such agreements liquidated (paid out) after the end of the Handicap in Programs or Activities should be provided to USDOL as an cooperative agreement period. Such Conducted by the Department of Labor. attachment to the application; copies of encumbrances/obligations may involve v. 29 CFR Part 35—Nondiscrimination such agreements will not count toward only specified commitments for which a on the Basis of Age in Programs or the page limit. need existed during the cooperative Activities Receiving Federal Financial Sub-contracts must be awarded in agreement period and that are supported Assistance from the Department of accordance with 29 CFR 95.40–48. Sub- by approved contracts, purchase orders, Labor. contracts awarded after the cooperative requisitions, invoices, bills, or other vi. 29 CFR Part 36—Federal Standards agreement is signed, and not proposed evidence of liability consistent with a for Nondiscrimination on the Basis of in the application, must be awarded Grantee’s purchasing procedures and Sex in Education Programs or Activities through a formal competitive bidding incurred within the cooperative Receiving Federal Financial Assistance. process, unless prior written approval is agreement period. All encumbrances/ vii. 29 CFR Part 93—New Restrictions obtained from USDOL. In compliance with Executive Orders obligations incurred during the on Lobbying. 12876, as amended, 13230, 12928 and cooperative agreement period must be viii. 29 CFR Part 95—Uniform 13021, as amended, Grantees are liquidated within 90 days after the end Administrative Requirements for Grants strongly encouraged to provide sub- of the cooperative agreement period, and Agreements with Institutions of contracting opportunities to Historically unless a longer period of time is granted Higher Education, Hospitals and other Black Colleges and Universities, by USDOL. Non-Profit Organizations, and with Hispanic-Serving Institutions and Tribal All equipment purchased with project Commercial Organizations, Foreign Colleges and Universities. funds must be inventoried and secured Governments, Organizations Under the throughout the life of the project. At the Jurisdiction of Foreign Governments C. Key Personnel end of the project, USDOL and the and International Organizations. As noted in Section V(1)(C), the Grantee is expected to determine how to ix. 29 CFR Part 96—Federal Standards applicant must list the individuals who best allocate equipment purchased with for Audit of Federally Funded Grants, have been designated as having primary project funds in order to ensure Contracts and Agreements. responsibility for the conduct and sustainability of efforts in the projects’ x. 29 CFR Part 98—Federal Standards completion of all project work. The implementing areas. for Government-wide Debarment and applicant must submit written proof Suspension (Nonprocurement) and that key personnel (Project Director, E. Site Visits Government-wide Requirements for Education Specialist, and Monitoring USDOL, through its authorized Drug-Free Workplace (Grants). and Evaluation Officer) will be available representatives, has the right, at all xi. 29 CFR Part 99—Federal Standards to begin work on the project no later reasonable times, to make site visits to for Audits of States, Local Governments, than 30 days after award. review project accomplishments and and Non-Profit Organizations. After the cooperative agreement has management control systems and to Applicants are reminded to budget for been awarded and throughout the life of provide such technical assistance as compliance with the administrative the project, Grantees agree to inform the may be required. If USDOL makes any requirements set forth. This includes the Grant Officer’s Technical Representative site visit on the premises of a Grantee cost of performing administrative (GOTR) whenever it appears impossible or a sub-contractor(s) under this activities such as annual single audits or for any key personnel to continue work cooperative agreement, a Grantee shall

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provide and shall require its sub- framework matrix for a hypothetical for reporting selected by USDOL. The contractors to provide all reasonable Child Labor Education Initiative project plan must include a limited number of facilities and assistance for the safety is available at http://www.dol.gov/ilab/ key indicators that can be realistically and convenience of government grants/bkgrd.htm.). The preliminary measured within the cost parameters representatives in the performance of project document must include all allocated to project monitoring. Baseline their duties. All site visits and sections identified in Appendix A, data collection is expected to be tied to evaluations are expected to be including a background/justification the indicators of the project design performed in a manner that will not section, project strategy (goal, purpose, document and the performance unduly delay the implementation of the outputs, activities, indicators, means of monitoring plan. A draft monitoring and project. verification, assumptions), project evaluation plan must be submitted to implementation timetable, and project USDOL within six months of project 3. Reporting and Deliverables budget. The narrative must address the award. In addition to meeting the above criteria/themes described in the E. Project Evaluations requirements, a Grantee is expected to Program Design/Budget-Cost monitor the implementation of the Effectiveness section (Section V(1)(A) Grantees and the GOTR will program; report to USDOL on a semi- above). determine on a case-by-case basis annual basis or more frequently if Within six months after the time of whether mid-term evaluations will be deemed necessary by USDOL; and the award, the Grantee must deliver the conducted by an internal or external undergo evaluations of program results. final project design document, based on evaluation team. All final evaluations Guidance on USDOL procedures and the application written in response to must be external and independent in management requirements will be this solicitation, including the results of nature. A Grantee must respond in provided to Grantees in the MPGs with additional consultation with writing to any comments and the cooperative agreement. The project stakeholders, partners, and USDOL. The recommendations provided in the mid- budget must include funds to: plan, final project design document must also term evaluation report. The budget must implement, monitor, report on, and include sections that address include the projected cost of mid-term evaluate programs and activities coordination strategies, project and final evaluations. (including mid-term and final management and sustainability. VII. Agency Contacts evaluations and annual single audits or attestation engagements, as applicable); B. Progress and Financial Reports All inquiries regarding this conduct studies pertinent to project The format for the progress reports solicitation should be directed to: Ms. implementation; establish education will be provided in the MPG distributed Lisa Harvey, U.S. Department of Labor, baselines to measure program results; after the award. Grantees must furnish Procurement Services Center, 200 and finance travel by field staff and key a typed technical progress report and a Constitution Avenue, NW., Room N– personnel to meet annually with financial report (SF 269) to USDOL on 5416, Washington, DC 20210; telephone USDOL officials in Washington, DC or a semi-annual basis by 31 March and 30 (202) 693–4570 (this is not a toll-free- within the project’s region (e.g. Africa, September of each year during the number) or e-mail: [email protected]. Asia, Latin America, Middle East and cooperative agreement period. However, For a list of frequently asked questions North Africa, and Europe). Applicants USDOL reserves the right to require up on USDOL’s Child Labor Education based both within and outside the to four reports a year, as necessary. Initiative Solicitation for Cooperative United States should also budget for Also, a copy of the Federal Cash Agreement, please visit http:// travel by field staff and other key Transactions Report (PSC 272) must be www.dol.gov/ILAB/faq/faq36.htm. personnel to Washington, DC at the submitted to USDOL upon submission VIII. Other Information beginning of the project for a post-award to the Health and Human Services— meeting with USDOL. Indicators of Payment Management System (HHS– 1. Materials Prepared Under the project performance must also be PMS). Cooperative Agreement proposed by a Grantee and approved by Grantees must submit to USDOL, for USDOL in the Performance Monitoring C. Annual Work Plan approval, all media-related, awareness- Plan, as discussed in Section VI(3)(D) Grantees must develop an annual raising, and educational materials below. Unless otherwise indicated, a work plan within six months of project developed by the Grantee or its sub- Grantee must submit copies of all award for approval by USDOL so as to contractors before they are reproduced, required reports to USDOL by the ensure coordination with other relevant published, or used. USDOL considers specified due dates. Exact timeframes social actors throughout the country. such materials to include brochures, for completion of deliverables will be Subsequent annual work plans must be pamphlets, videotapes, slide-tape addressed in the cooperative agreement delivered no later than one year after the shows, curricula, and any other training and the MPGs. previous one. materials used in the program. USDOL Specific deliverables are the D. Performance Monitoring and will review materials for technical following: Evaluation Plan accuracy and other issues. In addition, USDOL reserves a A. Project Design Document Grantees must develop a performance royalty-free, nonexclusive, and As stated in Sections I(2) and IV(2), monitoring and evaluation plan in irrevocable right to reproduce, publish, applications must include a preliminary collaboration with USDOL, including or otherwise use for Federal purposes, project design document in the format beginning and ending dates for the and authorize others to do so, all described in Appendix A, with design project, indicators and methods and cost materials that are developed or for elements linked to a logical framework of data collection, planned and actual which ownership is purchased by the matrix. (Note: The supporting logical dates for mid-term review, and final end Grantee under an award. framework matrix will not count in the of project evaluations. The performance 45-page limit but should be included as monitoring plan must be developed in 2. Acknowledgment of USDOL Funding an annex to the project document. To conjunction with the logical framework USDOL has established procedures guide applicants, a sample logical project design and common indicators and guidelines regarding

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acknowledgement of funding. USDOL 3.2 Project Implementation Timeline expand upon existing projects and requires, in most circumstances, that the (Gantt Chart of Activities linked to programs to improve basic education in following be displayed on printed Logical Framework matrix in Annex A) the country. Applications must respond materials: 3.3 Budget (with cost of Activities linked to the entire Statement of Work outlined ‘‘Funding provided by the United to Outputs for Budget Performance Integration in Annex B) in this solicitation. In Angola, activities States Department of Labor under 4. Project Monitoring and Evaluation under these cooperative agreements will Cooperative Agreement No. E–9–X–X– 4.1 Indicators and Means of Verification provide the direct delivery of quality XXXX.’’ 4.2 Baseline Data Collection Plan basic education to working children and With regard to press releases, requests 5. Institutional and Management Framework those at risk of entering work, and will for proposals, bid solicitations, and 5.1 Institutional Arrangements for result in their enrollment, persistence, other documents describing projects or Implementation and completion of an education or programs funded in whole or in part 5.2 Collaborating and Implementing training program. under this cooperative agreement, all Institutions (Partners) and Grantees are required to consult with Responsibilities I. Funding Opportunity Description USDOL on: acknowledgment of USDOL 5.3 Other Donor or International The U.S. Department of Labor Organization Activity and Coordination funding; general policy issues regarding 5.4 Project Management Organizational (USDOL), Bureau of International Labor international child labor; and informing Chart Affairs (ILAB), announces the USDOL, to the extent possible, of major 6. Inputs availability of funds to be awarded by press events and/or interviews. More 6.1 Inputs provided by USDOL cooperative agreement to one or more detailed guidance on acknowledgement 6.2 Inputs provided by the Grantee qualifying organizations for the purpose of USDOL funding will be provided 6.3 National and/or Other Contributions of expanding access to and quality of upon award to the Grantee(s) in the 7. Sustainability basic education and strengthening cooperative agreement and the MPG. In Annex A: Full presentation of the Logical government and civil society’s capacity consultation with USDOL, USDOL will Framework matrix to address the education needs of Annex B: Outputs Based Budget example be acknowledged in one of the following working children and those at risk of ways: (A worked example of a Logical Framework entering in work in Angola. The overall A. The USDOL logo may be applied matrix, an Outputs Based Budget, and other background documentation for this purpose of USDOL’s Child Labor to USDOL-funded material prepared for solicitation are available from ILAB’s Web Education Initiative, as consistently worldwide distribution, including site at http://www.dol.gov/ilab/grants/ enunciated in USDOL appropriations posters, videos, pamphlets, research bkgrd.htm.) FY 2000 through FY 2005, is to work documents, national survey results, toward the elimination of the worst [FR Doc. 05–10619 Filed 5–26–05; 8:45 am] impact evaluations, best practice forms of child labor through the reports, and other publications of global BILLING CODE 4510–28–P provision of basic education. interest. A Grantee must consult with Accordingly, entities applying under USDOL on whether the logo may be DEPARTMENT OF LABOR this solicitation must develop and used on any such items prior to final implement strategies for the prevention draft or final preparation for Office of the Secretary and withdrawal of children from the distribution. In no event will the worst forms of child labor, consistent USDOL logo be placed on any item until Combating Exploitive Child Labor with this purpose. ILAB is authorized to USDOL has given a Grantee written Through Education in Angola award and administer this program by permission to use the logo on the item. the Consolidated Appropriations Act, AGENCY: Bureau of International Labor B. The following notice must appear 2005, Pub. L. 108–447, 118 Stat. 2809 on all documents: ‘‘This document does Affairs, Department of Labor. Announcement Type: New. Notice of (2004). The cooperative agreement or not necessarily reflect the views or cooperative agreements awarded under policies of the U.S. Department of Availability of Funds and Solicitation for Cooperative Agreement this initiative will be managed by Labor, nor does mention of trade names, ILAB’s International Child Labor commercial products, or organizations Applications. Funding Opportunity Number: SGA Program (ICLP) to assure achievement of imply endorsement by the U.S. the stated goals. Applicants are Government.’’ 05–05. Catalog of Federal Domestic encouraged to be creative in proposing 3. Privacy and Freedom of Information Assistance (CFDA) Number: Not cost-effective interventions that will have a demonstrable impact in Any information submitted in applicable. Key Dates: Deadline for Submission of promoting school attendance and response to this solicitation will be completion in the geographical areas subject to the provisions of the Privacy Application is July 11, 2005. SUMMARY: The U.S. Department of where children are engaged in or are Act and the Freedom of Information most at risk of working in the worst Act, as appropriate. Labor, Bureau of International Labor Affairs, will award up to U.S. $2 million forms of child labor. Signed at Washington, DC, this 23rd day of May, 2005. through one or more cooperative 1. Background and Program Scope agreements to an organization or Lisa Harvey, organizations to improve access to and A. USDOL Support of Global Grant Officer. quality of education programs as a Elimination of Exploitive Child Labor Appendix A: Project Document Format means to combat exploitive child labor The International Labor Organization Executive Summary in Angola. Projects funded under this (ILO) estimated that 211 million solicitation will provide educational children ages 5 to 14 were working 1. Background and Justification and training opportunities to children as around the world in 2000. Full-time 2. Target Groups 3. Program Approach and Strategy a means of removing and/or preventing child workers are generally unable to 3.1 Narrative of Approach and Strategy them from engaging in exploitive work attend school, and part-time child (linked to Logical Framework matrix in or the worst forms of child labor. The laborers balance economic survival with Annex A) activities funded will complement and schooling from an early age, often to the

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detriment of their education. Since children around the world by increasing capacity building and policy change can 1995, USDOL has provided close to U.S. access to and quality of basic education be used to address particular barriers $400 million in technical assistance for working children and those at risk of and needs. Brief background funding to combat exploitive child labor entering work. The elimination of information on education and exploitive in approximately 70 countries around exploitive child labor depends, to a child labor in the country of interest is the world. large extent, on improving access to, provided below. Programs funded by USDOL range quality of, and relevance of education. For additional information on from targeted action programs in In addition to providing direct exploitive child labor in Angola, specific sectors to more comprehensive education and training opportunities to applicants are strongly encouraged to efforts that target the worst forms of working children and those at risk of refer to The Department of Labor’s 2004 child labor as defined by ILO engaging in exploitive work, the Child Findings on the Worst Forms of Child Convention 182. Convention 182 lists Labor Education Initiative has four Labor available at http://www.dol.gov/ four categories of the worst forms of goals: ILAB/media/reports/iclp/tda2004/ child labor, and calls for their i. Raise awareness of the importance overview.htm or in hard copy from Lisa immediate elimination: of education for all children and Harvey, U.S. Department of Labor, • All forms of slavery or practices mobilize a wide array of actors to Procurement Services Center, telephone similar to slavery, such as the sale and improve and expand education (202) 693–4570 (this is not a toll-free- trafficking of children, debt bondage infrastructures; number) or e-mail: [email protected]. and serfdom and forced or compulsory ii. Strengthen formal and transitional labor, including force or compulsory education systems that encourage Barriers to Education for Working Children in Angola recruitment of children for use in armed working children and those at risk of conflict; working to attend school; UNICEF estimated that 29.9 percent of • The use, procurement or offering of iii. Strengthen national institutions children ages 5 to 14 years in Angola a child for prostitution, production of and policies on education and child were working in 2001. It is believed that pornography or pornographic labor; and the majority of working children live in performances; iv. Ensure the long-term sustainability rural areas, particularly areas in which • The use, procurement or offering of of these efforts. many of Angola’s approximately 4 million refugees, displaced persons and a child for illicit activities, in particular B. Barriers to Education for Working demobilized soldiers have resettled for the production and trafficking of Children, Country Background, and following the end of the country’s 30- drugs as defined in the relevant Focus of Solicitation international treaties; year civil war in 2002. In Angola’s • Work which, by its nature or by the Throughout the world, there are urban areas, many working children live circumstances by which it is carried out, complex causes of exploitive child labor on the streets. Some of these children is likely to harm the health, safety, and as well as barriers to education for were displaced or separated from their morals of children. children engaged in or at risk of entering families during the civil war and have In determining the types of work exploitive child labor. These include: yet to be reunited with their families likely to harm the health, safety and Poverty; education system barriers; and communities. Many more come morals of children, ILO infrastructure barriers; legal and policy from families living in extreme poverty Recommendation 190 considers the barriers; resource gaps; institutional on the outskirts of major cities and other following: Work which exposes a child barriers; informational gaps; areas of the country that have been slow to physical, psychological or sexual demographic characteristics of children to recover from the war. These children, abuse; work underground, underwater, and/or families; cultural and traditional particularly girls, are at high risk of at dangerous heights or in confined practices; and weak labor markets and trafficking, commercial sexual workplaces; work with dangerous enforcement. exploitation, involvement in machinery, equipment and tools or Although these elements and pornography, forced labor, sexual handling or transporting heavy loads; characteristics tend to exist throughout slavery, and other forms of exploitation. work in an unhealthy environment the world in areas with a high incidence Angola is considered to be a country of including exposure to hazardous of exploitive child labor, they manifest origin for trafficked children. Children substances, agents or processes, or to themselves in specific ways in the have been trafficked internally to temperatures, noise levels or vibrations country of interest in this solicitation. various parts of the country as well as damaging to the health; and work for Therefore, specific, targeted to Namibia and South Africa for the long hours or night work where the interventions are required in the purposes of sexual exploitation, child is unreasonably confined to the country. In Angola, this project must commercial labor, and to work under premises. provide or facilitate the delivery of exploitive conditions as domestic From FY 2001 to FY 2005, the U.S. educational services to at risk or workers. In addition, the incidence of Congress has appropriated over U.S. working children, support the collection HIV/AIDS in Angola is reported to have $180 million to USDOL for a Child of data on this target population, and grown since the end of the war. Young Labor Education Initiative to fund build the capacity of national people are considered to be particularly programs aimed at increasing access to institutions to address child labor and at risk of infection and the effects of the quality, basic education in areas with a education issues. For this project, disease on caregivers have left many high incidence of abusive and exploitive applicants must be able to identify the children vulnerable to exploitive child child labor. The cooperative specific barriers to education and the labor. agreement(s) awarded under this education needs of specific children Although there are no recent reports solicitation will be funded through this targeted in their project (e.g., children indicating the involvement of underage initiative. withdrawn from work, children at high children in armed forces, during the war USDOL’s Child Labor Education risk of dropping out of school and it is estimated as many as 14,000 Initiative seeks to nurture the joining the labor force, and/or children children under the age of 15 served in development, health, safety and still working in a particular sector) and the conflict. Tens of thousands of girls enhanced future employability of how direct education service delivery, were estimated to have been abducted

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by fighting forces during the war to already operating beyond capacity. labor. Projects funded under this serve as ‘‘wives’’ to soldiers and to assist Although primary school construction cooperative agreement solicitation must with other duties. In May 2002, the has received significant support from focus on direct education service(s) government adopted a ‘‘Post-war Child donors, many of these newly delivery to targeted children, including Protection Strategy.’’ Under this constructed schools lack qualified The provision of educational services strategy, former child soldiers and war teachers, curricula, staff, and much that address the specific gaps/challenges affected children received a ‘‘child needed resources and support. Viable that working or at-risk children from rights package,’’ including birth non-formal education, accelerated attending or staying in school. registration, civil identification education, vocational training, and USDOL defines educational services documents, family tracing and other alternative educational and/or training opportunities as follows: reintegration services, education and opportunities are also scarce, and lack (1) Non-formal or basic literacy skills training, and psychosocial qualified teachers, staff, resources and education, as demonstrated by support. This ongoing reintegration support. enrollment in educational classes program, focusing on family Years of conflict have left many provided by the program. These classes reunification efforts, identified 11,076 students, including former child may include transitional, leveling, or separated children and reunited 3,670 soldiers, severely traumatized and some literacy classes so that a child may with their families as of March 2004. physically disabled. Abuse experienced either be mainstreamed into formal Demobilization and reintegration by many abducted and war-affected girls school and/or can participate in programs in Angola generally provided has left them especially vulnerable, and vocational training activities; (2) little, if any, assistance to the women some with young children requiring Vocational, pre-vocational, or skills and girls abducted by fighting forces care during school hours. During the training, as demonstrated by enrollment and tended to give less comprehensive conflict, many students missed years of in training courses in order to develop resettlement packages to soldiers under schooling, resulting in classrooms a particular skill (e.g., mechanics, 18 years, many of whom performed the populated by many overage students. sewing); (3) Mainstreaming/ same duties as adult soldiers. Despite For these young people, the services Transitioning into the formal education assistance efforts, former child soldiers that are available to them are often system, non-formal education, and war-affected children have been inadequate to meet their special needs. vocational, pre-vocational, or skills found to be especially vulnerable to the Appropriate educational, vocational and training after having received assistance worst forms of child labor. social services for youth between the from the project to enable them to enroll In Angola in 1999–2000, the gross ages of 12 and 18 are considered to be in such programs. The assistance primary enrollment rate was particularly critical due to the provided by the project could include approximately 74 percent and the net potentially volatile nature of this age one or more of the following services: primary enrollment rate was group. The provision of school meals, approximately 30 percent. In provinces Some teacher training and community uniforms, books, school supplies and hardest hit by the war, gross enrollment programs have included special training materials, tuition and transportation rates averaged less than 40 percent. In for adults working with former child vouchers, or other types of incentives 2002, 26 percent of children who were soldiers, war-affected children, and that enable the child to be enrolled in enrolled in primary school reached children engaged in or at risk of an education program; and (4) Formal grade 4. Rates of enrollment, retention, engaging in the worst forms of child school enrollment, by directly and completion in Angola tend to be labor. Some social protection and supporting a child’s enrollment, lower among girls. educational programs, curricula, retention, and completion in the formal Several recent programs are expected policies, and resources have also been school system. Similar to the assistance to improve education in Angola. In revised and made more suitable for this provided under mainstreaming, 2004, the Government of Angola population. However, there continues to assistance provided by the project could concluded its national child registration be a need for more relevant and include one or more of the following campaign, which has documented 3.8 adequate teaching techniques; services: The provision of uniforms, million children under the age of 18 books, school supplies and materials, resources, curricula, and teaching tools; years since August 2002. UNICEF and tuition and transportation vouchers, or formal, vocational, and alternative the Government of Angola expanded other types of incentives that enable the educational programs; life skills their existing Back-to-School campaign child to be enrolled and maintained in training; social services; community by recruiting and training 29,000 new the formal school system. primary school teachers for the 2004 support; educational and social polices Activities such as awareness raising school year. As a result, student and programs; and opportunities for and social mobilization campaigns, enrollment has increased by nearly 1 young people to develop into psychosocial services for children, million, primarily in grades 1 through 4. productive and responsible citizens. improvements in curriculum, teacher The program is developing into an Note to Applicants: All applicants must training or improvements to school Education for All Program. In April have country presence, or partner with an infrastructure are important for 2004, the Ministry of Education held established and eligible organization within improving access to and quality of basic public consultations on the proposed the target country. education. While grantees are National Plan of Action for Education encouraged to address the needs of for All. 2. Statement of Work working children in a comprehensive Many areas of rapid resettlement, Taking into account the challenges of manner, these activities will not be areas hardest hit by the war, and remote educating working children in Angola, considered as direct services for rural areas, however, continue to lack the applicant must implement creative individual children. Rather, direct basic social services, including and innovative approaches to promote services are those that meet the basic education. This absence of services has policies and services that will enhance needs of individual children that are led to an increased migration to the provision of educational direct beneficiaries of the project. municipal and provincial capitals, opportunities for children involved in Through improved policies and direct where basic services and schools are or at risk of entering exploitive child education service delivery, as

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applicable, the expected outcomes/ among target children, hours of work, organizations in Angola, including types results of the project are to: (1) Reduce age and sex distribution of the proposed of local organizations (e.g., rural, the number of children engaged in or at beneficiaries, educational performance indigenous), which could potentially risk of entering exploitive child labor, relative to other children, if available, implement or contribute to a future (2) increase educational opportunities and any research or other data that project. Applicants are encouraged to and access (enrollment) for children might indicate correlations between develop approaches that support youth who are at risk of engaging in, engaging educational performance and hours of participation within efforts to eliminate in, and/or removed from exploitive work. Applicants are also encouraged to the worst forms of child labor. child labor, particularly its worst forms; propose strategies for collecting further The application must also take into (3) encourage retention in and data on exploitive child labor and account cross-cutting themes that could completion of educational programs; children’s participation in schooling in affect project results in Angola, and and (4) expand the successful transition the early stages of the project’s baseline meaningfully incorporate them into the of children from non-formal education data collection. proposed strategy, either to increase programs into formal schools or When developing their proposed opportunities or reduce threats to vocational programs. strategy and writing the application, successful implementation. In Angola The applicant must identify a target applicants must consult and make these include: (1) The enduring impact number of urban and/or rural children reference to relevant literature and of the civil war in terms of increasing engaged in or at risk of engaging in documents relating to child labor and children’s vulnerability to exploitive exploitive and/or worst forms of child the education of target children in labor and decreasing their access to labor in Angola, who would be the Angola. Furthermore, the application quality educational opportunities; (2) direct beneficiaries of a Child Labor must demonstrate familiarity with The impact of HIV/AIDS in terms of Education Initiative project, and the existing child labor, education and increasing children’s vulnerability to geographic areas of greatest need. Direct social welfare policies, plans and exploitive labor and decreasing their beneficiaries are children who are projects in Angola, which the applicant access to quality educational withdrawn or prevented from entering is using to inform project design for opportunities; (3) The incidence and exploitive child labor, particularly its target children. nature of child trafficking for exploitive worst forms, by USDOL-funded projects. Applicants will also be evaluated on labor internally and internationally, Children withdrawn from exploitive their knowledge of other donors’ geographical areas from which children work are those children who were found programs as they pertain to the are trafficked and areas receiving working and no longer work as a result education of target children in Angola. trafficked children, as well as factors of a project intervention. This category In identifying unmet needs, gaps and contributing to the supply of and also includes those children who were opportunities not being addressed by demand for trafficked children; (4) engaged in exploitive work and as a existing programs and current efforts, Barriers that could prevent the result of a project’s intervention now and in proposing their own strategy, withdrawal of children from exploitive work shorter hours under safer applicants must show how their work and prevent their participation in conditions. Children prevented from knowledge of the school calendar and education programs; (5) Factors entering work are those children who the requirements of basic, non-formal, affecting the quality and relevance of are either siblings of (ex) working and vocational education systems will education available to children; and (6) children or those children who are be used to develop an approach that The level of awareness of worst forms of considered to be at high risk of engaging successfully enrolls children in child labor and the importance of in exploitive work. In order to be educational programs as quickly as education, especially for girls, among considered withdrawn or prevented, the possible and without missing an key stakeholders. The application child must benefit from educational or academic year or program cycle. The should consider existing efforts to training opportunities. This is measured applicant must identify the direct cost combat exploitive child labor and by enrollment into school or training per child of maintaining the child in the promote education for children being programs. The project’s strategy must be educational program, and of undertaken by government, to remove these children from, child withdrawing the child from exploitive/ international organizations, and civil labor and to provide them with hazardous or worst forms of child labor. society, including community-based educational and other services to These costs must be realistic, and based and youth led efforts, and gaps in prevent them from engaging in or on existing costs of similar programs. services that these efforts may not have prevent them form entering exploitive Applicants must design and implement addressed. and/or worst forms of child labor in the a project monitoring system that allows In the course of implementation, each future. for the tracking of direct beneficiaries’ project must promote the goals of In preparing the application, in order work and school status. In addition, as USDOL’s Child Labor Education to identify gaps, unmet needs, and child labor projects tend to be Initiative listed above in Section I(1)(A). opportunities that could be addressed implemented in resource-poor In addition, each project funded under through a USDOL Child Labor environments where government this solicitation must provide Education Initiative project, applicants education and labor inspection systems educational and training opportunities must conduct a needs assessment to may be limited, applicants are to children as a means to remove and/ make a preliminary identification of the encouraged to work with local or prevent them from engaging in current working and educational status stakeholders to develop sustainable exploitive work. Because of the limited of the children who the applicant child labor and education monitoring resources available under this award, proposes as beneficiaries. It is expected systems, including community-based applicants are expected to implement that the information gathered during systems, that can complement programs that complement existing this assessment will be refined after government efforts to monitor children’s efforts and, where appropriate, replicate award. The assessment, with data working and educational status beyond or enhance successful models to serve a sources, must include information on the life of the project and enforce the greater number of children and the incidence and nature of exploitive country’s child labor and education communities. However, applicants must child labor, particularly the worst forms, laws. The applicant must also identify not duplicate the activities of existing

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efforts and/or projects and are expected presented in Appendix A, and, within agreements to one, several, or a to work within host government child that format, address all criteria, factors, partnership of more than one labor and education frameworks. To and required descriptions identified in organization(s) that may apply to avoid duplication, enhance Sections IV(2), V(1)(A), VI(3)(A) and implement the program. A Grantee must collaboration, expand impact, and VI(3)(D). This response will be the obtain prior USDOL approval for any develop synergies, the cooperative foundation for the final project sub-contractor proposed in the agreement awardee (hereafter referred to document that must be approved within application before award of the as ‘‘Grantee’’) must work cooperatively six months after award of the cooperative agreement. The Grantee with national stakeholders in cooperative agreement. may not sub-grant any of the funds developing project interventions. If the application does not propose obligated under this cooperative Applicants are expected to consider the interventions aimed toward the target agreement. See Section VI(2)(B) for economic and social contexts of the group or geographical area as identified, further information on sub-contracts. country when formulating project then the application will be considered strategies and to recognize that unresponsive and will be rejected. III. Eligibility Information approaches applicable in one country Note to All Applicants: Grantees are 1. Eligible Applicants may not be relevant to others. expected to consult with and work Any commercial, international, USDOL will notify host government cooperatively with stakeholders in the ministry officials of the proposed educational, or non-profit organization, country, including the Ministries of including any faith-based, community- project. During the preparation of an Education, Labor, and other relevant application for this cooperative ministries, non-governmental organizations based, or public international agreement solicitation, applicants may (NGOs), national steering/advisory organization capable of successfully discuss proposed interventions, committees on child labor, education, faith developing and implementing education strategies, and activities with host and community-based organizations, and programs for working children or government officials and civil society working children and their families. Grantees children at risk of entering exploitive organizations. should ensure that their proposed activities work in the country of interest is and interventions are consistent with the eligible to apply. Partnerships of more Partnerships between more than one country’s national child labor and education organization are also eligible for award than one organization are also eligible, frameworks and priorities, as applicable. and applicants are strongly encouraged and are encouraged, in particular with Grantees are strongly encouraged to qualified, target country-based collaborate with existing projects, to work with organizations already organizations in order to build local particularly those funded by USDOL, undertaking projects in the country of capacity; in such a case, however, a lead including Timebound Programs and other interest, particularly local NGOs, organization must be identified, and projects implemented by the International including faith-based and community- relationships with partner organizations Labor Organization’s International Program based organizations. In the case of receiving funds must be codified in an on the Elimination of Child Labor (ILO/ partnership applications, a lead appropriate joint venture, partnership, IPEC). organization must be identified, and the or other contractual agreement. Copies As discussed in Section V(1)(D), up to relationship with any partner of such agreements should be submitted five (5) extra points will be given to organizations receiving funds must be as an attachment to the application, and applications that include committed set forth in an appropriate joint venture, will not count toward the page limit. non-Federal resources that significantly partnership, or other contractual Applicants are strongly encouraged to expand the project’s scope. However, agreement. An applicant must enroll at least one-quarter of the applicants are instructed that the project demonstrate a country presence, children targeted by the proposed budget submitted with the application independently or through a relationship program in educational activities during must include all necessary and with another organization(s) with the first year of project implementation. sufficient funds, without reliance on country presence, which gives it the Under this cooperative agreement other contracts, grants, or awards, to ability to initiate program activities solicitation, vocational training for implement the applicant’s proposed upon award of the cooperative adolescents and income generating project activities and to achieve agreement. See Section V(1)(B)(ii). alternatives for parents are allowable proposed project goals and objectives Please Note: Applications from foreign activities. Please note: USDOL reserves under this solicitation. If anticipated government and quasi-government the right to approve or disapprove funding from another contract, grant, or agencies will not be considered. alternative income-generating activities award fails to materialize, USDOL will All applicants are requested to after award of the cooperative not provide additional funding to cover complete the Survey on Ensuring Equal agreement. Permissible costs relating to these costs. Opportunity for Applicants (OMB No. alternative income-generating activities 1225–0083), which is available online at for target families may include, but are II. Award Information http://www.dol.gov/ilab/grants/ not limited to, skills training, tools, Type of assistance instrument: bkgrd.htm. The capability of an equipment, guides, manuals, and market cooperative agreement. USDOL’s applicant or applicants to perform feasibility studies. However, as stated in involvement in project implementation necessary aspects of this solicitation Section IV(5)(B)(i), Grantees and sub- and oversight is outlined in Section will be determined under the criteria contractors may not provide direct cash VI(2). The duration of the project(s) outlined in the Application Review transfers to communities, parents, or funded by this solicitation is four (4) Information section of this solicitation children. years. The start date of program (Section V(1)). Although USDOL is open to all activities will be negotiated upon Please note that to be eligible, proposals for innovative solutions to awarding of the cooperative agreement, Cooperative Agreement applicants address the challenges of providing but will be no later than September 30, classified under the Internal Revenue increased access to education for the 2005. Code as a 501(c)(4) entity (see 26 U.S.C. children targeted, the applicant must, at Up to U.S. $2 million will be awarded 501(c)(4)), may not engage in lobbying a minimum, follow the outline of a under this solicitation. USDOL may activities. According to the Lobbying preliminary project design document award one or more cooperative Disclosure Act of 1995, as codified at 2

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U.S.C. 1611, an organization, as Government is generally prohibited carry out the Statement of Work described in Section 501(c)(4) of the from providing direct financial (Section I(2) of this solicitation) and Internal Revenue Code of 1986, that assistance for inherently religious address each of the Application engages in lobbying activities directed activities. Funds awarded under this Evaluation Criteria found in Section toward the U.S. Government will not be solicitation may not be used for V(1). eligible for the receipt of Federal funds religious instruction, worship, prayer, The Part II technical application must constituting an award, grant, proselytizing or other inherently not exceed 45 single-sided (81⁄2″ x 11″), cooperative agreement, or loan. religious activities. double-spaced, 10 to 12 pitch typed 2. Cost Sharing or Matching Funds IV. Application and Submission pages, and must include responses to Information the application evaluation criteria This solicitation does not require outlined in Section V(1) of this applicants to share costs or provide 1. Address To Request Application solicitation. Part II must include a matching funds. However, the Package preliminary project design document leveraging of resources and in-kind submitted in the format shown in contributions is strongly encouraged This solicitation contains all of the necessary information and forms needed Appendix A and discussed further in and is a rating factor worth up to five Section VI(3)(A). The application must (5) additional points. to apply for cooperative agreement funding. This solicitation is published include the name, address, telephone 3. Other Eligibility Criteria as part of this Federal Register notice. and fax numbers, and e-mail address (if In accordance with 29 CFR Part 98, Additional copies of the Federal applicable) of a key contact person at entities that are debarred or suspended Register may be obtained from your the applicant’s organization in case from receiving federal contracts or nearest U.S. Government office or questions should arise. grants shall be excluded from Federal public library or online at http:// Applications will only be accepted in financial assistance and are ineligible to www.archives.gov/federal_register/ English. To be considered responsive to receive funding under this solicitation. index.html. this solicitation, the application must In judging organizational capacity, consist of the above-mentioned separate 2. Content and Form of Application USDOL will take into account not only parts. Any applications that do not Submission information provided by an applicant, conform to these standards may be but also information from USDOL, other Applicants must submit one (1) blue deemed unresponsive to this solicitation Federal agencies, and other ink-signed original, complete and will be rejected. Standard forms and organizations regarding past application in English, plus two (2) attachments are not included in the 45- performance of organizations that have copies of the application. The page limit for Part II. However, any implemented or are implementing Child application must consist of two (2) additional information not required Labor Education Initiative projects, or separate parts, as well as a table of under this solicitation will not be other projects or activities for USDOL contents and an abstract summarizing considered. and other Federal agencies (see Section the application in not more than two (2) 3. Submission Dates, Times, and V(1)(B)). Past performance will be rated pages. The table of contents and the Address by such factors as the timeliness of abstract are not included in the 45-page deliverables, and the responsiveness of limit for Part II. Applicants should Applications must be delivered (by the organization and its staff to USDOL number all pages of the application. hand or mail) by 4:45 p.m., Eastern or grantor communications regarding Part I of the application, the cost Time, July 11, 2005, to: U.S. Department deliverables and cooperative agreement proposal, must contain the Standard of Labor, Procurement Services Center, or contractual requirements. In addition, Form (SF) 424, Application for Federal 200 Constitution Avenue, NW., Room USDOL will consider the performance Assistance and Sections A–F of the N–5416, Washington, DC 20210, of the organization’s key personnel on Budget Information Form SF 424A, Attention: Lisa Harvey, Reference: existing projects with USDOL or other available from ILAB’s Web site at Solicitation 05–05. Applications sent by entities, the frequency of the http://www.dol.gov/ilab/grants/ e-mail, telegram, or facsimile (FAX) will organization’s replacement of key bkgrd.htm. Copies of these forms are not be accepted. Applications sent by personnel, and the quality and also available online from the General non-Postal Service delivery services, timeliness of such key personnel Services Administration Web site at such as Federal Express or UPS, will be replacements. Lack of past experience http://contacts.gsa.gov/webforms.nsf/0/ accepted; however, the applicant bears with USDOL projects, cooperative B835648D66D1B8F the responsibility for timely submission. agreements, grants, or contracts is not a 985256A72004C58C2/$file/sf424.pdf The application package must be bar to eligibility or selection under this and http://contacts.gsa.gov/webforms. received at the designated place by the solicitation. nsf/0/5AEB1FA6FB3B date and time specified or it will be Faith-based organizations may apply 832385256A72004C8E77/$file/ considered unresponsive and will be for Federal funds under this solicitation. Sf424a.pdf. The individual signing the rejected. Any application received at the Neutral, non-religious criteria that SF 424 on behalf of the applicant must Procurement Services Center after the neither favor nor disfavor religion will be authorized to bind the applicant. The deadline will not be considered unless be employed in the selection of budget/cost proposal and any other it is received before the award is made cooperative agreement recipients. accompanying charts or graphs must be and: Similarly, neutral, non-religious criteria written in 10–12 pitch font size. A. It is determined by the Government that neither favor nor disfavor religion Part II, the technical proposal, must that the late receipt was due solely to must be employed by Grantees in the provide a technical application that mishandling by the Government after selection of project beneficiaries and identifies and explains the proposed receipt at USDOL at the address sub-contractors. program and demonstrates the indicated; and/or In addition, per the provisions applicant’s capabilities to carry out that B. It was sent by registered or certified outlined in Section 2 of Executive Order proposal. The technical application mail not later than the fifth calendar day 13279 and 29 CFR 2.33(b), the U.S. must identify how the applicant will before the deadline; or

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C. It was sent by U.S. Postal Service 5. Funding Restrictions administered in order to maximize Express Mail Next Day Service-Post A. In addition to those specified efficiency and minimize the risk of Office to Addressee, not later than 5:00 under OMB Circular A–122, the misuse. The applicant must also address pm at the place of mailing two (2) following costs are also unallowable: how participant support costs being working days, excluding weekends and i. Construction with funds under this funded by the project will be made Federal holidays, prior to the deadline. cooperative agreement is subject to sustainable once the project is The only acceptable evidence to USDOL approval and ordinarily should completed. establish the date of mailing of a late If proposed participant support costs not exceed 10 percent of the project application sent by registered or are approved by USDOL, these items budget’s direct costs and is expected to certified mail is the U.S. Postal Service must be purchased or paid for directly be limited to improving existing school postmark on the envelope or wrapper by the Grantee or its sub-contractor(s), infrastructure and facilities in the and on the original receipt from the U.S. as opposed to handing cash directly to project’s targeted communities. USDOL Postal Service. If the postmark is not children or other individuals. encourages applicants to cost-share and/ legible, an application received after the ii. Under these cooperative or leverage funds or in-kind above closing time and date shall be agreements, awareness raising and contributions from local partners when processed as if mailed late. ‘‘Postmark’’ advocacy activities cannot include fund- proposing construction activities in means a printed, stamped, or otherwise raising or lobbying of the U. S. Federal, placed impression (not a postage meter order to ensure sustainability. State or Local Governments (see OMB ii. Under these cooperative machine impression) that is readily Circular A–122). agreements, vocational training for identifiable without further action as iii. In accordance with OMB Circular having been applied and affixed by an adolescents and income-generating A–122, funds awarded under this employee of the U.S. Postal Service on alternatives for parents are allowable cooperative agreement may be used to the date of mailing. Therefore, activities. However, Federal funds cover the costs of meetings and applicants should request that the postal under these cooperative agreements conferences, as long as the primary clerk place a legible hand cancellation cannot be used to provide micro-credits, purpose of such an event is the ‘‘bull’s-eye’’ postmark on both the revolving funds, or loan guarantees. dissemination of technical information. receipt and the envelope or wrapper. Please note: USDOL reserves the right to These costs include meals, The only acceptable evidence to negotiate the exact nature, form, or transportation, rental of facilities, establish the date of mailing of a late scope of alternative income-generating speakers’ fees, and other items application sent by U.S. Postal Service activities after award of the cooperative incidental to such meetings or Express Mail Next Day Service-Post agreement. Alternative income- conference. Office to Addressee is the date entered generating activities may include, but iv. USDOL funds awarded under this by the Post Office clerk on the ‘‘Express are not limited to, skills training, tools, solicitation are not intended to Mail Next Day Service-Post Office to equipment, guides, manuals, and market duplicate or substitute for host-country Addressee’’ label and the postmark on feasibility studies. government efforts or resources the envelope or wrapper on the original iii. Awards will not allow intended for child labor or education receipt from the U.S. Postal Service. reimbursement of pre-award costs. programs. Thus, Grantees may not ‘‘Postmark’’ has the same meaning as B. The following activities are also provide any of the funds awarded under defined above. Therefore, applicants unallowable under this solicitation: this cooperative agreement to foreign should request that the postal clerk i. The Grantee may not sub-grant any government entities, ministries, place a legible hand cancellation of the funds obligated under this officials, or political parties. However, ‘‘bull’s-eye’’ postmark on both the cooperative agreement. Sub-granting sub-contracts with foreign government receipt and the envelope or wrapper. may not appear or be included in the agencies may be awarded to provide The only acceptable evidence to budget as a line item. In addition, direct services or undertake project establish the time of receipt at USDOL Grantees may not provide direct cash activities subject to applicable laws and is the date/time stamp of the transfers to communities, parents, or only after a competitive procurement Procurement Service Center on the children. The funding for this program process has been conducted and no application wrapper or other does not include authority for sub- other entity in the country is able to documentary evidence of receipt grants and, as a matter of policy, USDOL provide these services. The Grantee maintained by that office. does not allow for direct cash transfers must receive prior USDOL approval Confirmation of receipt can be to target beneficiaries. USDOL, however, before sub-contracting the provision of obtained from Lisa Harvey, U.S. would support the purchase of direct services to foreign government Department of Labor, Procurement incidental items in the nature of agencies. Services Center, telephone (202) 693– ‘‘participant support costs’’ under OMB v. Applicants are reminded that U.S. 4570 (this is not a toll-free-number) or Circular A–122, Attachment B, No. 34, Executive Orders and U.S. law prohibit e-mail: [email protected]. All which are necessary to ensure that target transactions with, and the provision of applicants are advised that U.S. mail children have access to schooling. These resources and support to, individuals delivery in the Washington DC area can participant support costs may include and organizations associated with be slow and erratic due to concerns such items as uniforms and school terrorism. It is the legal responsibility of involving contamination. All applicants supplies, and the provision of tuition the Grantee to ensure compliance with must take this into consideration when and transportation costs in the form of these Executive Orders and laws. This preparing to meet the application vouchers to the provider of services. If provision must be included in all sub- deadline. an applicant proposes the provision of contracts issued under the cooperative participant support costs, the applicant agreement. 4. Intergovernmental Review must specify: (1) Why these activities vi. The U.S. Government is opposed This funding opportunity is not and interventions are necessary, and to prostitution and related activities, subject to Executive Order 12372, how they will contribute to the overall which are inherently harmful and ‘‘Intergovernmental Review of Federal project goals; and (2) how the dehumanizing, and contribute to the Programs.’’ disbursement of funds will be phenomenon of trafficking in persons.

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U.S. non-governmental organizations, Applicants will be rated based on their USDOL, sustainability is linked to and their sub-contractors, cannot use understanding of the child labor and project impact and the ability of U.S. Government funds to lobby for, education context in the host country, individuals, communities, and a nation promote or advocate the legalization or as well as on the clarity and quality of to ensure that the activities or changes regulation of prostitution as a legitimate information provided in the project implemented by a project endure. A form of work. Foreign non-governmental design document. project’s impact is manifested at the organizations, and their sub-contractors, This component of the application level of individuals, organizations, and that receive U.S. Government funds to must demonstrate the applicant’s systems. For individual children and fight trafficking in persons cannot lobby thorough knowledge and understanding their families this would mean a for, promote or advocate the legalization of the issues, barriers, and challenges positive and enduring change in their or regulation of prostitution as a involved in providing education to life conditions as a result of project legitimate form of work. It is the children engaged in or at risk of interventions. At the level of responsibility of the Grantee to ensure engaging in exploitive child labor, organizations and systems, sustained its sub-contractors meet these criteria. particularly its worst forms; best- impact would involve continued (The U.S. Government is currently practice solutions to address their commitment and ability (including developing language to specifically needs; and the policy and implementing financial commitment and policy address Public International environment in the selected country. change) by project partners to continue Organizations’ implementation of the When preparing the technical proposal, the actions generated by the project, above anti-prostitution prohibition. If a the applicant must follow the outline including enforcement of existing project under this solicitation is provided in Appendix A, and at policies that target child labor and awarded to such an organization, minimum include a description of: school attendance. Applicants will be appropriate substitute language for the i. Children Targeted—The applicant rated based on the pertinence and above prohibition will be included in must identify which and how many appropriateness of the proposed the project’s cooperative agreement.) children are expected to receive direct sustainability plan. v. Description of Activities—The FOR FURTHER INFORMATION CONTACT: Lisa and indirect services from the project, applicant must provide a detailed Harvey. E-mail address: including the sectors in which they description of proposed activities that [email protected]. For a list of work, geographical location, and other relate to the gaps/needs/barriers to be frequently asked questions on USDOL’s relevant characteristics. Please refer to addressed, including training and Child Labor Education Initiative Section I(2) for USDOL’s definition of technical assistance to be provided to Solicitation for Cooperative Agreement, educational services and training project staff, host country nationals and please visit http://www.dol.gov/ILAB/ opportunities for children targeted community groups involved in the faq/faq36.htm. under this solicitation. Children are defined as persons under the age of 18 project. The proposed approach is V. Application Review Information who have been engaged or at risk of expected to build upon existing activities, government policies, and 1. Application Evaluation Criteria engaging in the worst forms of child labor as defined by ILO Convention 182, plans, and avoid needless duplication. Technical panels will review or those under the legal working age of Please refer to Section I(2) for USDOL’s applications written in the specified the country and who are engaged or at definition of educational services and format (see Section I, Section IV(2) and risk of engaging in other hazardous and/ training opportunities for children Appendix A) against the various criteria or exploitive activities. Under this targeted under this solicitation. on the basis of 100 points. Up to five solicitation, at-risk children are defined vi. Work Plan—The applicant must additional points will be given for the as siblings of working children, or provide a detailed work plan and inclusion of non-Federal leveraged children living in areas with a high timeline for the proposed project, resources as described below in Section incidence of exploitive child labor. preferably with a visual such as a Gantt V(1)(D). Applicants are requested to ii. Needs/Gaps/Barriers—The chart. Applicants will be rated based on prepare their technical proposal (45 applicant must describe the specific the clarity and quality of the page maximum) organized in gaps/educational needs of the children information provided in the work plan. accordance with Appendix A, and targeted that the project will address. address all of the following rating Note: Applicants are also encouraged to Note: The number of children targeted by enroll one-quarter of the targeted children in factors, which are presented in the order educational activities during the first year of the project must be commensurate with the of emphasis that they will receive, and project implementation. the maximum rating points for each need in the geographical area or sector where the project will be implemented. In addition, vii. Program Management and factor. the budget proposed should take into account Program Design/Budget-Cost Performance Assessment—The the type of work in which the target children applicant must describe: (1) How Effectiveness: 45 points. are currently engaged. Organizational Capacity: 30 points. management will ensure that the goals Management Plan/Key Personnel/ iii. Proposed Strategy—The applicant and objectives will be met; (2) how Staffing: 25 points. must discuss the proposed strategy to information and data will be collected Leveraging Resources: 5 extra points. address gaps/needs/barriers of the and used to demonstrate the impacts of children targeted and its rationale. the project; and (3) what systems will be A. Project/Program Design/Budget-Cost Applicants will be rated based on the put in place for self-assessment, Effectiveness (45 points) quality and pertinence of proposed evaluation, and continuous This part of the application strategies. Please refer to Section I(2) for improvement. Note to All Applicants: constitutes the preliminary project USDOL’s definition of educational USDOL has already developed common design document described in Section services and training opportunities for indicators (enrollment, retention, and VI(3)(A), and outlined in Appendix A. children targeted under this solicitation. completion) and a database system for The applicant’s proposal must describe iv. Sustainability Plan—The applicant monitoring children’s educational in detail the proposed approach to must discuss a proposed plan for progress that can be used and adapted comply with each requirement. sustainability of project efforts. To by Grantees after award. Grantees will

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be responsible for entering information addition, the budget should include a program/project. The evaluation criteria on each project beneficiary into this contingency provision, calculated at 5% in this category are as follows: database system. Further guidance on of the project’s total direct costs, for i. International Experience—The common indicators will be provided unexpected expenses essential to organization applying for the award has after award, thus applicants should meeting project goals, such as host international experience implementing focus their program management and country currency devaluations, security basic, transitional, non-formal, or performance assessment responses costs, etc. USDOL will not provide vocational education programs that toward the development of their additional funding to cover address issues of access, quality, and project’s monitoring strategy in support unanticipated costs. Grantees must policy reform for vulnerable children of the delivery of direct education and obtain prior approval from USDOL including children engaging in or at risk training opportunities to working before using contingency funds. If these of engaging in exploitive child labor, children and those at risk of engaging in funds have not been exhausted toward preferably in the country of interest. exploitive work, and the four goals of the end of the project period, USDOL ii. Country Presence—Given the need the Child Labor Education Initiative set and the Grantee will determine whether to provide children engaged in the worst out in Section I(1)(A). Because of the it is appropriate to reallocate the funds forms of child labor with immediate potentially significant links between to direct educational or training services assistance in accessing educational and hours worked, working conditions, and or return the funds to USDOL. training opportunities, applicants will school performance, Grantees are Grantees should also budget for a be evaluated on their ability to start up encouraged to collect information to facilitator-led project launch meeting in project activities soon after signing a track this correlation among project the target country, which will allow key cooperative agreement. Having country beneficiaries. Applicants proposing stakeholders to discuss issues of project presence, or partnering with in-country innovative methodologies in this area design and monitoring. organizations, presents the best chance will be rated more highly. When developing their applications, of expediting the delivery of services to applicants are also expected to allocate children engaged or at risk of engaging Please note: In addition to reporting on the the largest proportion of resources to in the worst forms of child labor. In common indicators, applicants will be educational activities aimed at targeted their application, applicants must expected to track the working status, children, rather than direct and/or address country presence; outreach to conditions, and hours of targeted children, indirect administrative costs. Higher government and non-governmental including the withdrawal of children from exploitive/hazardous working conditions. ratings may be given to applicants with organizations, including local and Applicants are also expected to explore cost- low administrative costs and with a community-based organizations; and the effective ways of assessing the impact of budget breakdown that provides a larger ability of the organization to start up proposed services/interventions to indirect amount of resources to project activities. project activities in a timely fashion. beneficiaries. All projected costs should be reported, Applicants may submit supporting as they will become part of the documentation with their application Applicants are expected to budget for cooperative agreement upon award. In demonstrating country presence and/or costs associated with collecting and their cost proposal (Part I of the outreach to host government ministries reporting on the common indicators application), applicants must reflect a and non-governmental organizations in (enrollment, retention, and completion), breakdown of the total administrative the country. These attachments will not data management, tracking the working costs into direct administrative costs count toward the page limit. status children, and assessing the and indirect administrative costs. This Within 60 days of award, an impact of services/interventions to section will be evaluated in accordance applicant, or its partners, must be indirect beneficiaries. with applicable Federal laws and formally recognized by the host viii. Budget/Cost Effectiveness—The regulations. The budget must comply government using the appropriate applicant must show how the budget with Federal cost principles (which can mechanism, e.g., Memorandum of reflects program goals and design in a be found in the applicable OMB Understanding or local registration of cost-effective way to reflect budget/ Circulars). An example of an Outputs the organization. An applicant must performance integration. The budget Based Budget has been provided as demonstrate, independently or through must be linked to the activities and Annex B. a relationship with another outputs of the implementation plan Applicants are encouraged to discuss organization(s), the ability to initiate listed above. The budget proposed the possibility of exemption from program activities upon award of the should also take into account the type customs and Value Added Tax (VAT) cooperative agreement, as well as the of work in which the target children are with host government officials during capability to work directly with currently engaged. the preparation of an application for this government ministries, educators, civil This section of the application must cooperative agreement. While USDOL society leaders, and other local faith- explain the costs for performing all of encourages host governments to not based or community organizations. the requirements presented in this apply custom or VAT taxes to USDOL- iii. Fiscal Oversight—The solicitation, and for producing all funded programs, some host organization shows evidence of a sound required reports and other deliverables. governments may nevertheless choose financial system. If the applicant is a Costs must include labor; equipment; to assess such taxes. USDOL may not be U.S.-based, non-profit organization travel; annual single audits or able to provide assistance in this regard. already subject to the single audit attestation engagements (as applicable); Applicants should take into account requirements, the applicant’s most midterm and final evaluations; and such costs in budget preparation. If recent single audit, as submitted to the other related costs. Applications are major costs are omitted, a Grantee may Federal Audit Clearinghouse, must expected to allocate sufficient resources not be allowed to include them later. accompany the application as an to proposed studies, assessments, attachment. In addition, applications surveys, and monitoring and evaluation B. Organizational Capacity (30 Points) must show that they have complied activities, including costs associated Under this criterion, the applicant with report submission timeframes with collecting information for and must present the qualifications of the established in OMB Circular A–133. If reporting on the common indicators. In organization(s) implementing the an applicant is not in compliance with

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the requirements for completing their organization will be responsible for involved in accomplishing the assigned single audit, the application will be completing. tasks. This section of the application considered unresponsive and will be v. Experience—The application must must include sufficient information to rejected. include information on previous and judge management and staffing plans, If the applicant is a for-profit or current grants, cooperative agreements, and the experience and competence of foreign-based organization, a copy of its or contracts of the applicant with program staff proposed for the project to most current independent financial USDOL and other Federal agencies that assure that they meet the required audit must accompany the application are relevant to this solicitation, qualifications. as an attachment. including: Note that management and Applicants should also submit a copy (a) The organizations for which the professional technical staff members of the most recent single audit report for work was done; comprising the applicant’s proposed all proposed U.S.-based, non-profit (b) A contact person in that team should be individuals who have partners, and sub-contractors that are organization with his/her current phone prior experience with organizations subject to the Single Audit Act. If the number; working in similar efforts, and who are proposed partner(s) is a for-profit or (c) The dollar value of the grant, fully qualified to perform work foreign-based organization, a copy of its contract, or cooperative agreement for specified in the Statement of Work. most current independent financial the project; Where sub-contractors or outside audit should accompany the application (d) The time frame and professional assistance are proposed, organizational as an attachment. Applicants may wish effort involved in the project; lines of authority and responsibility to review the audits of prospective (e) A brief summary of the work should be clearly delineated to ensure organizations before deciding whether performed; and responsiveness to the needs of USDOL. (f) A brief summary of they want to partner with or sub- Note to All Applicants: All key personnel accomplishments. contract to them under an Education must allocate 100 percent of their time to the This information on previous grants, Initiative cooperative agreement. project and be present within the target cooperative agreements, and contracts country. Key personnel positions must not be Note to All Applicants: In order to held by the applicant must be provided combined. Proposed key personnel expedite the screening of applications, and to in appendices and will not count candidates must sign letters of agreement to ensure that the appropriate audits are against the maximum page requirement. serve on the project, and indicate availability attached to the proposals, the applicant must USDOL reserves the right to contact the to commence work within 30 days of provide a cover sheet to the audit organizations listed and use the cooperative agreement award. Applicants attachments listing all proposed partners and information provided in evaluating must submit these letters as an attachment to sub-contractors. These attachments will not the application. (These will not count toward count toward the application page limit. applications. the page limit). If key personnel letters of Note to All Applicants: In judging agreement to serve on the project are not USDOL reserves the right to ask submitted as part of the application, the further questions on any audit report organizational capacity, USDOL will take into account not only information provided application will be considered unresponsive submitted as part of an application. by an applicant, but also information from and will be rejected. USDOL also reserves the right to place the Department and others regarding past i. Key personnel—The applicant must special conditions on Grantees if performance of organizations already identify all key personnel candidates concerns are raised in their audit implementing Child Labor Education proposed to carry out the requirements reports. Initiative projects or activities for USDOL and others. Past performance will be rated by of this solicitation. ‘‘Key personnel’’ are Note to All Applicants: If a copy of the such factors as the timeliness of deliverables, staff (Project Director, Education most recent audit report is not submitted as and the responsiveness of the organization Specialist, and Monitoring and part of the application, the application will and its staff to USDOL or grantor Evaluation Officer) who are essential to be considered unresponsive and will be communications regarding deliverables and the successful operation of the project rejected. In addition, if the audit submitted cooperative agreement or contractual and completion of the proposed work by the applicant reflects any adverse requirements. In addition, the performance of and, therefore, as detailed in Section opinions, the application will not be further the organization’s key personnel on existing considered by the technical review panel and VI(2)(C), may not be replaced or have projects with USDOL or other entities, hours reduced without the approval of will be rejected. whether the organization has a history of replacing key personnel with similarly the Grant Officer. If key personnel iv. Coordination—If two or more qualified staff, and the timeliness of candidates are not designated, the organizations are applying for the award replacing key personnel, will also be taken application will be considered in the form of a partnership or joint into consideration when rating past unresponsive and will be rejected. Note: venture, they must demonstrate an performance. Lack of past experience with preference may be given to applicants approach to ensure the successful USDOL projects, cooperative agreements, who propose qualified key personnel collaboration including clear grants, or contracts is not a bar to eligibility who have extensive experience in the delineation of respective roles and or selection under this solicitation. host country. responsibilities. Although each partner (a) A Project Director who will be will bear independent legal liability for C. Management Plan/Key Personnel/ responsible for overall project the entire project, the applicants must Staffing (25 Points) management, supervision, identify a lead organization and must Successful performance of the administration, and implementation of submit the joint venture, partnership, or proposed work depends heavily on the the requirements of the cooperative other contractual agreement as an management skills and qualifications of agreement. He/she will establish and attachment (which will not count the individuals committed to the maintain systems for project operations; toward the page limit). If a partnership project. Accordingly, in its evaluation of ensure that all cooperative agreement between two or more organizations is each application, USDOL will place deadlines are met and targets are proposed, applicants are encouraged to emphasis on the applicant’s achieved; maintain working outline the deliverables, activities, and management approach and commitment relationships with project stakeholders corresponding timeline for which each of personnel qualified for the work and partners; and oversee the

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preparation and submission of progress data collection and analysis not submitted as part of the application, and financial reports. The Project methodologies, database management, the application will be considered Director must have a minimum of three and knowledge of the Government unresponsive and will be rejected. years of professional experience in a Performance and Results Act. At a minimum, each resume must leadership role in implementation of Individuals with a demonstrated ability include: The individual’s current complex basic education programs in to build capacity of the project team and employment status and previous work developing countries in areas such as: partners in these domains will be given experience, including position title, Education policy; improving special consideration. duties, dates in position, employing educational quality and access; Information provided on key organizations, and educational educational assessment of personnel candidates must include the background. Duties must be clearly disadvantaged students; development of following: defined in terms of role performed, e.g., community participation in the • The educational background and manager, team leader, and/or improvement of basic education for experience of all key personnel to be consultant. The application must disadvantaged children; and monitoring assigned to the project. indicate whether the individual is • and evaluation of basic education The special capabilities of key currently employed by the applicant, projects. Consideration will be given to personnel that demonstrate prior and (if so) for how long. candidates with additional years of experience in organizing, managing and experience including experience performing similar efforts. D. Leveraging Resources (5 Points) • working with officials of ministries of The current employment status of USDOL will give up to five (5) education and/or labor. Preferred key personnel and availability for this additional rating points to applications candidates must also have knowledge of project. The applicant must also that include committed non-Federal exploitive child labor issues, and indicate whether the proposed work resources that significantly expand the experience in the development of will be performed by persons currently dollar amount, size and scope of the transitional, formal, and vocational employed by the applying organization application. These programs or education of children removed from or is dependent upon planned activities will not be financed by the exploitive child labor and/or victims of recruitment or sub-contracting. project, but can complement and the worst forms of child labor. Fluency ii. Other Professional Personnel—The enhance project objectives. Applicants in English is required and working applicant must identify other program are also encouraged to leverage knowledge of the official language of the personnel proposed to carry out the activities, such as micro-credit, target country, or at least one of the requirements of this solicitation. The revolving funds, or loan guarantees, official languages if there is more than applicant must also indicate whether which are not directly allowable under one, is preferred. the proposed work by other professional the cooperative agreement. To be (b) An Education Specialist who will personnel will be performed by persons eligible for the additional points, the provide leadership in developing the currently employed by the organization applicant must list the source(s) of technical aspects of this project in or is dependent upon planned resources, the nature, and possible collaboration with the Project Director. recruitment or sub-contracting. activities anticipated with these This person must have at least three iii. Management Plan—The resources under this cooperative years experience in basic education management plan must include the agreement and any partnerships, projects in developing countries in areas following: linkages or coordination of activities, including student assessment, teacher (a) A description of the functional cooperative funding, etc. Staff time of training, educational materials relationship between elements of the proposed key personnel may not be development, educational management, project’s management structure; and submitted as a leveraged resource. and educational monitoring and (b) The responsibilities of project staff information systems. This person must and management and the lines of 2. Review and Selection Process have experience in working successfully authority between project staff and other The Office of Procurement Services at with ministries of education, networks elements of the project. USDOL will screen all applications to of educators, employers’ organizations Note: Applicants will be rated based on the determine whether all required and trade union representatives or clarity and quality of the information elements, as identified in section IV(2) comparable entities. Additional provided in the management plan. experience with exploitive child labor/ above, are present and clearly education policy and monitoring and iv. Staff Loading Plan—The staff identifiable. If an application does not evaluation is an asset. A working loading plan must identify all key tasks include all of the required elements, knowledge of English is preferred, as is and the person-days required to including required attachments, it will a similar knowledge of the official complete each task. Labor estimated for be considered unresponsive and will be language(s) spoken in the target country. each task must be broken down by rejected. Once an application is deemed (c) A Monitoring and Evaluation individuals assigned to the task, unresponsive, the Office of Procurement Officer who will oversee the including sub-contractors and Services will send a letter to the implementation of the project’s consultants. All key tasks should be applicant, which will state that the monitoring and evaluation strategies charted to show time required to application was incomplete, indicate and requirements. This person should perform them by months or weeks. which document was missing from the have at least three years progressively v. Roles and Responsibilities—The application, and explain that the responsible experience in the applicant must include a resume, as technical review panel will be unable to monitoring and evaluation of well as a description of the roles and rate the application. international development projects, responsibilities of all key and The following documents must be preferably in education and training or professional personnel proposed. included in the application package in a related field. Related experience can Resumes must be submitted as an order for the application to be deemed include strategic planning and attachment to the application and will complete and responsive: performance measurement, indicator not count toward the page limit. If i. A cost proposal. selection, quantitative and qualitative resumes of key personnel candidates are ii. A technical proposal.

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iii. The applicant’s most recent audit to the provision of funds under this financial and performance reports must report. solicitation. Unless specifically be submitted to meet the annual audit iv. Resumes of all key personnel provided in the cooperative agreement, requirement. Costs for these audits or candidates. USDOL’s acceptance of a proposal and/ attestation engagements should be v. Signed letters of agreement to serve or award of Federal funds does not included in direct or indirect costs, on the project from all key personnel waive any cooperative agreement whichever is appropriate. candidates. requirements and/or procedures. The cooperative agreements awarded Each complete application will be VI. Award Administration Information under this solicitation are subject to the objectively rated by a technical review following administrative standards and panel against the criteria described in 1. Award Notices provisions, and any other applicable this announcement. Applicants are standards that come into effect during advised that panel recommendations to The Grant Officer will notify applicants of designation results as the term of the cooperative agreement, the Grant Officer are advisory in nature. if applicable to a particular Grantee: The Grant Officer may elect to select a follows: Designation Letter: The designation i. 29 CFR Part 2 Subpart D—Equal Grantee on the basis of the initial letter signed by the Grant Officer will Treatment in Department of Labor application submission; or, the Grant serve as official notice of an Programs for Religious Organizations; Officer may establish a competitive or organization’s designation. The Protection of Religious Liberty of technically acceptable range from which designation letter will be accompanied Department of Labor Social Service qualified applicants will be selected. If by a cooperative agreement and ICLP’s Providers and Beneficiaries. deemed appropriate, the Grant Officer Management Procedures and Guidelines ii. 29 CFR Part 31— may call for the preparation and receipt (MPG). Nondiscrimination in Federally of final revisions of applications, Non-Designation Letter: Any Assisted Programs of the Department of following which the evaluation process organization not designated will be Labor—Effectuation of Title VI of the described above may be repeated, in notified formally of the non-designation Civil Rights Act of 1964. whole or in part, to consider such and given the basic reasons for the iii. 29 CFR Part 32— revisions. The Grant Officer will make determination. Nondiscrimination on the Basis of final selection determinations based on Notification by a person or entity Handicap in Programs and Activities panel findings and consideration of other than the Grant Officer that an Receiving or Benefiting from Federal factors that represent the greatest organization has or has not been Financial Assistance. advantage to the government, such as designated is not valid. iv. 29 CFR Part 33—Enforcement of cost, the availability of funds, and other Nondiscrimination on the Basis of 2. Administrative and National Policy factors. If USDOL does not receive Handicap in Programs or Activities Requirements technically acceptable applications in Conducted by the Department of Labor. response to this solicitation, USDOL A. General v. 29 CFR Part 35—Nondiscrimination reserves the right to terminate the on the Basis of Age in Programs or competition and not make any award. Grantee organizations are subject to applicable U.S. Federal laws (including Activities Receiving Federal Financial The Grant Officer’s determinations for Assistance from the Department of awards under this solicitation are final. provisions of appropriations law) and regulations, Executive Orders, Labor. Note to All Applicants: Selection of an applicable Office of Management and vi. 29 CFR Part 36—Federal Standards organization as a cooperative agreement Budget (OMB) Circulars, and USDOL for Nondiscrimination on the Basis of recipient does not constitute approval of the policies. If during project Sex in Education Programs or Activities cooperative agreement application as implementation a Grantee is found in Receiving Federal Financial Assistance. submitted. Before the actual cooperative vii. 29 CFR Part 93—New Restrictions agreement is awarded, USDOL may enter into violation of U.S. government laws and best and final negotiations about such items regulations, the terms of the cooperative on Lobbying. as program components, funding levels, and agreement awarded under this viii. 29 CFR Part 95—Uniform administrative systems in place to support solicitation may be modified by USDOL, Administrative Requirements for Grants cooperative agreement implementation. If the costs may be disallowed and recovered, and Agreements with Institutions of negotiations do not result in an acceptable the cooperative agreement may be Higher Education, Hospitals and other submission, the Grant Officer reserves the Non-Profit Organizations, and with right to terminate the negotiation and decline terminated, and USDOL may take other action permitted by law. Determinations Commercial Organizations, Foreign to fund the application. In addition, USDOL Governments, Organizations Under the reserves the right to further negotiate of allowable costs will be made in program components after award, during the accordance with the applicable U.S. Jurisdiction of Foreign Governments project design document submission and Federal cost principles. and International Organizations. review process. See Section VI(3)(A). Grantees must also submit to an ix. 29 CFR Part 96—Federal Standards Award of a cooperative agreement annual independent audit. Single audits for Audit of Federally Funded Grants, under this solicitation may also be conducted under the provisions of OMB Contracts and Agreements. contingent upon an exchange of project Circular A–133 are to be submitted by x. 29 CFR Part 98—Federal Standards support letters between USDOL and the U.S. based non-profit organizations to for Government-wide Debarment and relevant ministries in the target country. meet the annual independent audit Suspension (Nonprocurement) and requirement. For foreign-based and Government-wide Requirements for 3. Anticipated Announcement and private for-profit Grantees, an attestation Drug-Free Workplace (Grants). Award Dates engagement, conducted in accordance xi. 29 CFR Part 99—Federal Standards Designation decisions will be made, with U.S. ‘‘Government Auditing for Audits of States, Local Governments, where possible, within 45 days after the Standards,’’ that includes an auditor’s and Non-Profit Organizations. deadline for submission of proposals. opinions on (1) compliance with the Applicants are reminded to budget for USDOL is not obligated to make any Department’s regulations and the compliance with the administrative awards as result of this solicitation, and provisions of the cooperative agreement requirements set forth. This includes the only the Grant Officer can bind USDOL and (2) the reliability of the Grantee’s cost of performing administrative

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activities such as annual single audits or for any key personnel to continue work cooperative agreement, a Grantee shall attestation engagements (as applicable); on the project as planned. A Grantee provide and shall require its sub- closeout; mid-term and final may nominate substitute key personnel contractors to provide all reasonable evaluations; project-related document and submit the nominations to the facilities and assistance for the safety preparation, including deliverables; as GOTR. A Grantee may also propose and convenience of government well as compliance with procurement reducing the hours of key personnel; representatives in the performance of and property standards. Copies of all however, a Grantee must obtain prior their duties. All site visits and regulations referenced in this approval from the Grant Officer for all evaluations are expected to be solicitation are available at no cost, on- such changes to key personnel. If the performed in a manner that will not line, at http://www.dol.gov. Grant Officer is unable to approve the unduly delay the implementation of the Grantees should be aware that terms key personnel change, he/she reserves project. outlined in this solicitation, the the right to terminate the cooperative 3. Reporting and Deliverables cooperative agreement, and the MPGs agreement or disallow costs. Please are all applicable to the implementation note: As stated in Section V(1)(B)(v), the In addition to meeting the above of projects awarded under this performance of the organization’s key requirements, a Grantee is expected to solicitation. personnel on existing projects with monitor the implementation of the USDOL or other entities, and whether program; report to USDOL on a semi- B. Sub-Contracts the organization has a history of annual basis or more frequently if The Grantee may not sub-grant any of replacing key personnel with equally deemed necessary by USDOL; and the funds obligated under this qualified staff, will be taken into undergo evaluations of program results. cooperative agreement. Sub-granting consideration when rating past Guidance on USDOL procedures and may not appear or be included in the performance. management requirements will be budget as a line item. However, sub- provided to Grantees in the MPGs with D. Encumbrance of Cooperative contracts may be included as a budget the cooperative agreement. The project Agreement Funds line item. budget must include funds to: Plan, All relationships between the Grantee Cooperative agreement funds may not implement, monitor, report on, and and partner organizations receiving be encumbered/obligated by a Grantee evaluate programs and activities funds under this solicitation must be set before or after the period of (including mid-term and final forth in an appropriate joint venture, performance. Encumbrances/obligations evaluations and annual single audits or partnership, or other contractual outstanding as of the end of the attestation engagements, as applicable); agreement. Copies of such agreements cooperative agreement period may be conduct studies pertinent to project should be provided to USDOL as an liquidated (paid out) after the end of the implementation; establish education attachment to the application; copies of cooperative agreement period. Such baselines to measure program results; such agreements will not count toward encumbrances/obligations may involve and finance travel by field staff and key the page limit. only specified commitments for which a personnel to meet annually with Sub-contracts must be awarded in need existed during the cooperative USDOL officials in Washington, DC or accordance with 29 CFR 95.40–48. Sub- agreement period and that are supported within the project’s region (e.g., Africa, contracts awarded after the cooperative by approved contracts, purchase orders, Asia, Latin America, Middle East and agreement is signed, and not proposed requisitions, invoices, bills, or other North Africa, and Europe). Applicants in the application, must be awarded evidence of liability consistent with a based both within and outside the through a formal competitive bidding Grantee’s purchasing procedures and United States should also budget for process, unless prior written approval is incurred within the cooperative travel by field staff and other key obtained from USDOL. agreement period. All encumbrances/ personnel to Washington, DC at the In compliance with Executive Orders obligations incurred during the beginning of the project for a post-award 12876, as amended, 13230, 12928 and cooperative agreement period must be meeting with USDOL. Indicators of 13021, as amended, Grantees are liquidated within 90 days after the end project performance must also be strongly encouraged to provide sub- of the cooperative agreement period, proposed by a Grantee and approved by contracting opportunities to Historically unless a longer period of time is granted USDOL in the Performance Monitoring Black Colleges and Universities, by USDOL. Plan, as discussed in Section VI(3)(D) Hispanic-Serving Institutions and Tribal All equipment purchased with project below. Unless otherwise indicated, a Colleges and Universities. funds must be inventoried and secured Grantee must submit copies of all throughout the life of the project. At the required reports to USDOL by the C. Key Personnel end of the project, USDOL and the specified due dates. Exact timeframes As noted in Section V(1)(C), the Grantee are expected to determine how for completion of deliverables will be applicant must list the individuals who to best allocate equipment purchased addressed in the cooperative agreement have been designated as having primary with project funds in order to ensure and the MPGs. responsibility for the conduct and sustainability of efforts in the projects’ Specific deliverables are the completion of all project work. The implementing areas. following: applicant must submit written proof that key personnel (Project Director, E. Site Visits A. Project Design Document Education Specialist, and Monitoring USDOL, through its authorized As stated in Sections I(2) and IV(2), and Evaluation Officer) will be available representatives, has the right, at all applications must include a preliminary to begin work on the project no later reasonable times, to make site visits to project design document in the format than 30 days after award. review project accomplishments and described in Appendix A, with design After the cooperative agreement has management control systems and to elements linked to a logical framework been awarded and throughout the life of provide such technical assistance as matrix. (Note: The supporting logical the project, Grantees agree to inform the may be required. If USDOL makes any framework matrix will not count in the Grant Officer’s Technical Representative site visit on the premises of a Grantee 45-page limit but should be included as (GOTR) whenever it appears impossible or a sub-contractor(s) under this an annex to the project document. To

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guide applicants, a sample logical project design and common indicators 2. Acknowledgment of USDOL Funding framework matrix for a hypothetical for reporting selected by USDOL. The USDOL has established procedures Child Labor Education Initiative project plan must include a limited number of and guidelines regarding is available at http://www.dol.gov/ilab/ key indicators that can be realistically acknowledgement of funding. USDOL grants/bkgrd.htm). The preliminary measured within the cost parameters requires, in most circumstances, that the project document must include all allocated to project monitoring. Baseline following be displayed on printed sections identified in Appendix A, data collection is expected to be tied to materials: including a background/justification the indicators of the project design ‘‘Funding provided by the United section, project strategy (goal, purpose, document and the performance States Department of Labor under outputs, activities, indicators, means of monitoring plan. A draft monitoring and Cooperative Agreement No. E–9–X–X– verification, assumptions), project evaluation plan must be submitted to XXXX.’’ implementation timetable, and project USDOL within six months of project With regard to press releases, requests budget. The narrative must address the award. for proposals, bid solicitations, and criteria/themes described in the other documents describing projects or E. Project Evaluations Program Design/Budget-Cost programs funded in whole or in part Effectiveness section (Section V(1)(A) Grantees and the GOTR will under this cooperative agreement, all above). determine on a case-by-case basis Grantees are required to consult with Within six months after the time of USDOL on: Acknowledgment of USDOL the award, the Grantee must deliver the whether mid-term evaluations will be conducted by an internal or external funding; general policy issues regarding final project design document, based on international child labor; and informing the application written in response to evaluation team. All final evaluations must be external and independent in USDOL, to the extent possible, of major this solicitation, including the results of press events and/or interviews. More additional consultation with nature. A Grantee must respond in writing to any comments and detailed guidance on acknowledgement stakeholders, partners, and USDOL. The of USDOL funding will be provided final project design document must also recommendations provided in the mid- term evaluation report. The budget must upon award to the Grantee(s) in the include sections that address cooperative agreement and the MPG. In coordination strategies, project include the projected cost of mid-term and final evaluations. consultation with USDOL, USDOL will management and sustainability. be acknowledged in one of the following B. Progress and Financial Reports VII. Agency Contacts ways: A. The USDOL logo may be applied The format for the progress reports All inquiries regarding this to USDOL-funded material prepared for will be provided in the MPG distributed solicitation should be directed to: Ms. worldwide distribution, including after the award. Grantees must furnish Lisa Harvey, U.S. Department of Labor, posters, videos, pamphlets, research a typed technical progress report and a Procurement Services Center, 200 documents, national survey results, financial report (SF 269) to USDOL on Constitution Avenue, NW., Room N– impact evaluations, best practice a semi-annual basis by 31 March and 30 5416, Washington, DC 20210; telephone reports, and other publications of global September of each year during the (202) 693–4570 (this is not a toll-free- interest. A Grantee must consult with cooperative agreement period. However, number) or e-mail: [email protected]. USDOL on whether the logo may be USDOL reserves the right to require up For a list of frequently asked questions used on any such items prior to final to four reports a year, as necessary. on USDOL’s Child Labor Education draft or final preparation for Also, a copy of the Federal Cash Initiative Solicitation for Cooperative distribution. In no event will the Transactions Report (PSC 272) must be Agreement, please visit http:// USDOL logo be placed on any item until submitted to USDOL upon submission www.dol.gov/ILAB/faq/faq36.htm. USDOL has given a Grantee written to the Health and Human Services— permission to use the logo on the item. VIII. Other Information Payment Management System (HHS– B. The following notice must appear PMS). 1. Materials Prepared Under the on all documents: ‘‘This document does C. Annual Work Plan Cooperative Agreement not necessarily reflect the views or Grantees must develop an annual policies of the U.S. Department of Grantees must submit to USDOL, for Labor, nor does mention of trade names, work plan within six months of project approval, all media-related, awareness- award for approval by USDOL so as to commercial products, or organizations raising, and educational materials ensure coordination with other relevant imply endorsement by the U.S. developed by the Grantee or its sub- social actors throughout the country. Government.’’ contractors before they are reproduced, Subsequent annual work plans must be published, or used. USDOL considers 3. Privacy and Freedom of Information delivered no later than one year after the such materials to include brochures, Any information submitted in previous one. pamphlets, videotapes, slide-tape response to this solicitation will be D. Performance Monitoring and shows, curricula, and any other training subject to the provisions of the Privacy Evaluation Plan materials used in the program. USDOL Act and the Freedom of Information Grantees must develop a performance will review materials for technical Act, as appropriate. monitoring and evaluation plan in accuracy and other issues. Signed at Washington, DC, this 23rd day of collaboration with USDOL, including In addition, USDOL reserves a May, 2005. beginning and ending dates for the royalty-free, nonexclusive, and Lisa Harvey, project, indicators and methods and cost irrevocable right to reproduce, publish, Grant Officer. of data collection, planned and actual or otherwise use for Federal purposes, Appendix A: Project Document Format dates for mid-term review, and final end and authorize others to do so, all of project evaluations. The performance materials that are developed or for Executive Summary monitoring plan must be developed in which ownership is purchased by the 1. Background and Justification conjunction with the logical framework Grantee under an award. 2. Target Groups

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3. Program Approach and Strategy removing and/or preventing them from around the world in 2000. Full-time 3.1 Narrative of Approach and Strategy engaging in exploitive work or the worst child workers are generally unable to (linked to Logical Framework matrix in forms of child labor. The activities attend school, and part-time child Annex A) funded will complement and expand laborers balance economic survival with 3.2 Project Implementation Timeline (Gantt Chart of Activities linked to upon existing projects and programs to schooling from an early age, often to the Logical Framework matrix in Annex A) improve basic education in the detriment of their education. Since 3.3 Budget (with cost of Activities linked countries. Applications must respond to 1995, USDOL has provided close to U.S. to Outputs for Budget Performance the entire Statement of Work outlined in $400 million in technical assistance Integration in Annex B) this solicitation. In Sierra Leone and funding to combat exploitive child labor 4. Project Monitoring and Evaluation Liberia, activities under these in approximately 70 countries around 4.1 Indicators and Means of Verification cooperative agreements will provide the the world. 4.2 Baseline Data Collection Plan direct delivery of quality basic Programs funded by USDOL range 5. Institutional and Management Framework education to working children and those from targeted action programs in 5.1 Institutional Arrangements for Implementation at risk of entering work, and will result specific sectors to more comprehensive 5.2 Responsibilities in their enrollment, persistence, and efforts that target the worst forms of 5.3 Other Donor or International completion of an education or training child labor as defined by ILO Organization Activity and Coordination program. Convention 182. Convention 182 lists 5.4 Project Management Organizational four categories of the worst forms of I. Funding Opportunity Description Chart child labor, and calls for their 6. Inputs The U.S. Department of Labor immediate elimination: 6.1 Inputs provided by USDOL (USDOL), Bureau of International Labor • All forms of slavery or practices 6.2 Inputs provided by the Grantee 6.3 Affairs (ILAB), announces the similar to slavery, such as the sale and National and/or Other Contributions availability of funds to be awarded by trafficking of children, debt bondage 7. Sustainability cooperative agreement to one or more Annex A: Full presentation of the Logical and serfdom and forced or compulsory Framework matrix qualifying organizations for the purpose labor, including force or compulsory Annex B: Outputs Based Budget example of expanding access to and quality of recruitment of children for use in armed (A worked example of a Logical Framework basic education and strengthening conflict; matrix, an Outputs Based Budget, and other government and civil society’s capacity • The use, procurement or offering of background documentation for this to address the education needs of a child for prostitution, production of solicitation are available from ILAB’s Web working children and those at risk of pornography or pornographic site at http://www.dol.gov/ilab/grants/ entering in work in Sierra Leone and performances; bkgrd.htm) Liberia. The overall purpose of USDOL’s • The use, procurement or offering of [FR Doc. 05–10620 Filed 5–26–05; 8:45 am] Child Labor Education Initiative, as a child for illicit activities, in particular BILLING CODE 4510–28–P consistently enunciated in USDOL for the production and trafficking of appropriations FY 2000 through FY drugs, as defined in the relevant 2005, is to work toward the elimination international treaties; DEPARTMENT OF LABOR of the worst forms of child labor through • Work which, by its nature or by the the provision of basic education. circumstances by which it is carried out, Office of the Secretary Accordingly, entities applying under is likely to harm the health, safety, and this solicitation must develop and Combating Exploitive Child Labor morals of children. implement strategies for the prevention In determining the types of work Through Education in Sierra Leone and withdrawal of children from the and Liberia likely to harm the health, safety and worst forms of child labor, consistent morals of children, ILO AGENCY: Bureau of International Labor with this purpose. ILAB is authorized to Recommendation 190 considers the Affairs, Department of Labor. award and administer this program by following: work which exposes a child Announcement Type: New. Notice of the Consolidated Appropriations Act, to physical, psychological or sexual Availability of Funds and Solicitation 2005, Pub. L. 108–447, 118 Stat. 2809 abuse; work underground, underwater, for Cooperative Agreement (2004). The cooperative agreement or at dangerous heights or in confined Applications. cooperative agreements awarded under workplaces; work with dangerous Funding Opportunity Number: SGA this initiative will be managed by machinery, equipment and tools or 05–03. ILAB’s International Child Labor handling or transporting heavy loads; Catalog of Federal Domestic Program (ICLP) to assure achievement of work in an unhealthy environment Assistance (CFDA) Number: Not the stated goals. Applicants are including exposure to hazardous applicable. encouraged to be creative in proposing substances, agents or processes, or to Key Dates: Deadline for Submission of cost-effective interventions that will temperatures, noise levels or vibrations Application is July 11, 2005. have a demonstrable impact in damaging to the health; and work for SUMMARY: The U.S. Department of promoting school attendance and long hours or night work where the Labor, Bureau of International Labor completion in the geographical areas child is unreasonably confined to the Affairs, will award up to U.S. $5 million where children are engaged in or are premises. through one or more cooperative most at risk of working in the worst From FY 2001 to FY 2005, the U.S. agreements to an organization or forms of child labor. Congress has appropriated over U.S. organizations to improve access to and 1. Background and Program Scope $180 million to USDOL for a Child quality of education programs as a Labor Education Initiative to fund means to combat exploitive child labor A. USDOL Support of Global programs aimed at increasing access to in Sierra Leone and Liberia. Projects Elimination of Exploitive Child Labor quality, basic education in areas with a funded under this solicitation will The International Labor Organization high incidence of abusive and exploitive provide educational and training (ILO) estimated that 211 million child labor. The cooperative opportunities to children as a means of children ages 5 to 14 were working agreement(s) awarded under this

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solicitation will be funded through this specific children targeted in their Trafficking in Persons Action initiative. project (e.g., children withdrawn from Committee and has held anti-trafficking USDOL’s Child Labor Education work, children at high risk of dropping training for police officers. Child Initiative seeks to nurture the out of school and joining the labor force, prostitution is an increasing problem in development, health, safety and and/or children still working in a both countries. In addition, experts enhanced future employability of particular sector) and how direct expect the incidence of HIV/AIDS in children around the world by increasing education service delivery, capacity Sierra Leone and Liberia will grow as access to and quality of basic education building and policy change can be used these countries emerge from the for working children and those at risk of to address particular barriers and needs. isolation of war. Young people are entering work. The elimination of Brief background information on considered to be particularly at risk of exploitive child labor depends, to a education and exploitive child labor in infection and the effects of the disease large extent, on improving access to, the countries of interest is provided on caregivers are expected to leave quality of, and relevance of education. below. many children vulnerable to child labor. In addition to providing direct For additional information on Throughout the past decade, child education and training opportunities to exploitive child labor in Sierra Leone soldiers were common among working children and those at risk of and Liberia, applicants are strongly government armed forces and rebels engaging in exploitive work, the Child encouraged to refer to The Department groups in Sierra Leone and Liberia. As Labor Education Initiative has four of Labor’s 2004 Findings on the Worst of 2004, there were no indications of goals: Forms of Child Labor available at http:/ children serving in government forces in i. Raise awareness of the importance /www.dol.gov/ILAB/media/reports/iclp/ either country. Former rebel combatants of education for all children and tda2004/overview.htm or in hard copy in Liberia, however, continue to forcibly mobilize a wide array of actors to from Lisa Harvey, U.S. Department of recruit children in Liberia and Sierra improve and expand education Labor, Procurement Services Center, Leone to serve as porters, laborers, and infrastructures; telephone (202) 693–4570 (this is not a sex slaves. Former child soldiers and ii. Strengthen formal and transitional toll-free-number) or e-mail: war-affected children have been found education systems that encourage [email protected]. to be especially vulnerable to the worst working children and those at risk of forms of child labor. There are Barriers to Education for Working working to attend school; indications that many former child Children in Sierra Leone and Liberia iii. Strengthen national institutions soldiers in Sierra Leone and Liberia and policies on education and child In 2000, UNICEF estimated that 71.6 have been re-recruited by fighting forces labor; and percent of children aged 5 to 14 years in Cote d’Ivoire. iv. Ensure the long-term sustainability in Sierra Leone were working. Estimates The Government of Sierra Leone of these efforts. are unavailable for Liberia. Reports established a National Commission for indicate that, in both countries, a B. Barriers to Education for Working War-Affected Children to provide majority of working children are Children, Country Backgrounds, and support to demobilized child soldiers unpaid. Many work in family businesses and children who are separated from Focus of Solicitation and on family subsistence farms. their parents. Official demobilization Throughout the world, there are Children also work for low wages as and reintegration programs for former complex causes of exploitive child labor domestic workers. Street children in fighters in Sierra Leone, including as well as barriers to education for Monrovia, Freetown and other major nearly 7,000 former child soldiers, children engaged in or at risk of entering cities number in the thousands. Many of ended around the beginning of 2004. exploitive child labor. These include: these children are contracted by adults These programs offered little assistance Poverty; education system barriers; to steal, beg and work as street vendors. to the thousands of abducted women, infrastructure barriers; legal and policy Children have also been reported to girls, and the children born to them barriers; resource gaps; institutional work in alluvial diamond fields in both during their service to fighting forces in barriers; informational gaps; countries, some under forced labor Sierra Leone. Several international demographic characteristics of children conditions. organizations implemented programs to and/or families; cultural and traditional Trafficking in persons is a problem, assist these girls during the later stages practices; and weak labor markets and particularly in Sierra Leone. Although of demobilization. enforcement. reports of trafficking in persons in Sierra Sierra Leone’s National Youth Policy, Although these elements and Leone have declined with the approved in 2003, is also intended to characteristics tend to exist throughout demobilization of child soldiers target assistance to groups whose needs the world in areas with a high incidence following the end of the civil conflict, may have been neglected, such as young of exploitive child labor, they manifest children continue to be trafficked to girls. Child Welfare Committees were themselves in specific ways in the countries in West Africa, including trained to provide support to girls and countries of interest in this solicitation. Liberia, for labor and commercial sexual to child diamond miners, but funding Therefore, specific, targeted exploitation, as well as to Lebanon, for these efforts has been limited. The interventions are required in the Europe, and North America. From Government of Liberia recently countries. In Sierra Leone and Liberia Liberia, children are trafficked to Sierra established a National Commission on this project must provide or facilitate Leone and Cote d’Ivoire, some for Child Labor intended to support efforts the delivery of educational services to at purposes of commercial sexual to eliminate the worst forms of child risk or working children, support the exploitation. Internally, within both labor within the country, particularly collection of data on this target Liberia and Sierra Leone, children are among children made vulnerable by population, and build the capacity of trafficked from rural to urban areas and war. However, the Commission has had national institutions to address child to diamond mining areas for purposes of difficulty operationalizing their charter labor and education issues. For this sexual exploitation and forced labor. In and objectives. project, applicants must be able to Sierra Leone, the government has made Reports indicate that approximately identify the specific barriers to efforts to address this problem through 21,000 child soldiers still require education and the education needs of the creation of a multi-sectoral demobilization in Liberia, including an

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unknown number of abducted girls. has left them especially vulnerable, and vocational training activities; (2) Despite a peace agreement in Liberia in some with young children requiring Vocational, pre-vocational, or skills August 2003, demobilization and care during school hours. During the training, as demonstrated by enrollment reintegration programs have been slow conflict, many students missed years of in training courses in order to develop to start. The programs are expected to schooling, resulting in classrooms a particular skill (e.g., mechanics, provide former child soldiers with populated by many overage students. sewing); (3) Mainstreaming/ access to healthcare, skills training, For these young people, the services Transitioning into the formal education family tracing and reunification, and to that are available to them are often system, non-formal education, increase awareness and improve the inadequate to meet their special needs. vocational, pre-vocational, or skills capacity of non-governmental Appropriate educational, vocational and training after having received assistance organizations (NGOs) and agencies to social services for youth between the from the project to enable them to enroll address the immediate and longer-term ages of 12 and 18 are considered to be in such programs. The assistance needs of former child soldiers. particularly critical due to the provided by the project could include Provisions for girls and women were potentially volatile nature of this age one or more of the following services: also included. group. the provision of school meals, uniforms, Statistics on education in Sierra Some teacher training and community books, school supplies and materials, Leone and Liberia are minimal. In both programs have included special training tuition and transportation vouchers, or countries, nearly half of primary school for adults working with former child other types of incentives that enable the age children are not enrolled in school. soldiers, war-affected children, and child to be enrolled in an education Persistence rates are also low with children engaged in or at risk of program; and (4) Formal school approximately one-third of students in engaging in the worst forms of child enrollment, by directly supporting a Liberia reaching grade five. Rates of labor. Some social protection and child’s enrollment, retention, and enrollment, retention, and completion educational programs, curricula, completion in the formal school system. tend to be lower among girls and among policies, and resources have also been Similar to the assistance provided under children in areas of rapid resettlement, revised and made more suitable for this mainstreaming, assistance provided by camps for Internally Displaced Persons population. However, there continues to the project could include one or more of and refugees, remote rural areas, and be a need for more relevant and the following services: the provision of areas hardest hit by the war. adequate teaching techniques; resources uniforms, books, school supplies and Several recent programs are expected and teaching tools; formal, vocational materials, tuition and transportation to improve education in Sierra Leone and alternative educational programs; vouchers, or other types of incentives and Liberia. The Government of Sierra life skills training; social services; that enable the child to be enrolled and Leone has created a National Education community support; polices and maintained in the formal school system. Action Plan that emphasizes improving programs; and opportunities for young Activities such as awareness raising the quality and relevance of education, people to develop into productive and and social mobilization campaigns, expanding access to primary education, responsible citizens. psychosocial services for children, especially for girls and the rural poor, improvements in curriculum, teacher and enhancing the planning and Note to Applicants: All applicants must training or improvements to school management capacity of the Ministry of have country presence, or partner with an infrastructure are important for Education, Science and Technology. In established and eligible organization within improving access to and quality of basic both Sierra Leone and Liberia, UNICEF the target countries. education. While grantees are has launched projects to renovate 2. Statement of Work encouraged to address the needs of schools, distribute teaching materials working children in a comprehensive and equipment, retrain teachers, and Taking into account the challenges of manner, these activities will not be promote girls’ education. educating working children in Sierra considered as direct services for Many areas of rapid resettlement, Leone and Liberia, the applicant must individual children. Rather, direct areas hardest hit by the war, and remote implement creative and innovative services are those that meet the basic rural areas continue, however, to lack approaches to promote policies and needs of individual children that are basic social services, including services that will enhance the provision direct beneficiaries of the project. education. This absence of services has of educational opportunities for Through improved policies and direct led to an increased migration to children involved in or at risk of education service delivery, as municipal and provincial capitals, entering exploitive child labor. Projects applicable, the expected outcomes/ where basic services and schools are funded under this cooperative results of the project are to: (1) Reduce already operating beyond capacity. agreement solicitation must focus on the number of children engaged in or at Although primary school construction direct education service(s) delivery to risk of entering exploitive child labor, has received significant support from targeted children, including the (2) increase educational opportunities donors, many of these newly provision of educational services that and access (enrollment) for children constructed schools lack qualified address the specific gaps/challenges that who are at risk of, engaging in, and/or teachers, curricula, staff, and much working or at-risk children from removed from exploitive child labor, needed resources and support. Viable attending or staying in school. particularly its worst forms; (3) non-formal education, accelerated USDOL defines educational services encourage retention in and completion education, vocational training, and and/or training opportunities as follows: of educational programs; and (4) expand other alternative educational (1) Non-formal or basic literacy the successful transition of children opportunities are also scarce, and lack education, as demonstrated by from non-formal education programs qualified staff, resources and support. enrollment in educational classes into formal schools or vocational Years of conflict have left many provided by the program. These classes programs. students, including former child may include transitional, leveling, or The applicant must identify a target soldiers, severely traumatized and some literacy classes so that a child may number of urban and/or rural children physically disabled. Abuse experienced either be mainstreamed into formal engaged in or at risk of engaging in by many abducted and war-affected girls school and/or can participate in exploitive and/or worst forms of child

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labor in Sierra Leone and Liberia, who Leone and Liberia. Furthermore, the education alternatives for children in would be the direct beneficiaries of a application must demonstrate both countries. Strategies should Child Labor Education Initiative project, familiarity with existing child labor, include approaches that are country and the geographic areas of greatest education and social welfare policies, specific, as well as regional, that address need. Direct beneficiaries are children plans and projects in Sierra Leone and child labor and education issues in both who are withdrawn or prevented from Liberia, which the applicant is using to countries. The application must also entering exploitive child labor, inform project design for target children. take into account cross-cutting themes particularly its worst forms, by USDOL- Applicants will also be evaluated on that could affect project results, and funded projects. Children withdrawn their knowledge of other donors’ meaningfully incorporate them into the from exploitive work are those children programs as they pertain to the proposed strategy, either to increase who were found working and no longer education of target children in Sierra opportunities for, or reduce threats to, work as a result of a project Leone and Liberia. In identifying unmet successful implementation. In Sierra intervention. This category also needs, gaps and opportunities not being Leone and Liberia these include: (1) The includes those children who were addressed by existing programs and enduring impact of the civil war in engaged in exploitive work and as a current efforts, and in proposing their terms of increasing children’s result of a project’s intervention now own strategy, applicants must show vulnerability to exploitive labor and work shorter hours under safer how their knowledge of the school decreasing their access to quality conditions. Children prevented from calendar and the requirements of basic, educational opportunities; (2) The entering work are those children who non-formal, and vocational education impact of HIV/AIDS in terms of are either siblings of (ex) working systems will be used to develop an increasing children’s vulnerability to children or those children who are approach that successfully enrolls exploitive labor and decreasing their considered to be at high risk of engaging children in educational programs as access to quality educational in exploitive work. In order to be quickly as possible without missing an opportunities; (3) The incidence and considered withdrawn or prevented, the academic year or program cycle. The nature of child trafficking for exploitive child must benefit from educational or applicant must identify the direct cost labor internally within Sierra Leone and training opportunities. This is measured per child of maintaining the child in the Liberia and internationally, by enrollment into school or training educational program, and of geographical areas from which children programs. The project’s strategy must be withdrawing the child from exploitive/ are trafficked and areas receiving to remove these children from, or to hazardous or worst forms of child labor. trafficked children, as well as factors prevent them from entering, child labor These costs must be realistic, and based contributing to the supply of and and to provide them with educational on existing costs of similar programs. demand for trafficked children; (4) and other services to prevent them from Applicants must design and implement Barriers that could prevent the engaging in such exploitive and/or a project monitoring system that allows withdrawal of children from exploitive worst forms of child labor in the future. for the tracking of direct beneficiaries’ work and prevent their participation in In preparing the application, in order work and school status. In addition, as education programs; (5) Factors to identify gaps, unmet needs, and child labor projects tend to be affecting the quality and relevance of opportunities that could be addressed implemented in resource-poor education available to children; (6) The through a USDOL Child Labor environments where government level of awareness of worst forms of Education Initiative project, applicants education and labor inspection systems child labor and the importance of must conduct a needs assessment to may be limited, applicants are education, especially for girls, among make a preliminary identification of the encouraged to work with local key stakeholders; and (7) Cross-border current working and educational status stakeholders to develop sustainable issues that might impact child labor of the children who the applicant child labor and education monitoring trends in Sierra Leona and Liberia, and proposes as beneficiaries. It is expected systems, including community-based opportunities for cooperation and that the information gathered during systems, that can complement collaboration among efforts to reduce this assessment will be refined after government efforts to monitor children’s the worst forms of child labor in Sierra award. The assessment, with data working and educational status beyond Leone and Liberia. The application sources, must include information on the life of the project and enforce each should consider existing efforts to the incidence and nature of exploitive country’s child labor and education child labor, particularly the worst forms, laws. The applicant must also identify combat exploitive child labor and among target children, hours of work, organizations in Sierra Leone and promote education for children being age and sex distribution of the proposed Liberia, including types of local undertaken by government, beneficiaries, educational performance organizations (e.g., rural, indigenous), international organizations, and civil relative to other children, if available, which could potentially implement or society, including community-based and any research or other data that contribute to a future project. and youth-led efforts, and gaps in might indicate correlations between Applicants are encouraged to develop services that these efforts may not have educational performance and hours of approaches that support youth addressed. work. Applicants are also encouraged to participation within efforts to eliminate In the course of implementation, each propose strategies for collecting further the worst forms of child labor. project must promote the goals of data on exploitive child labor and Due to similarities in the nature of USDOL’s Child Labor Education children’s participation in schooling in child labor and the challenges faced by Initiative listed above in Section I(1)(A). the early stages of the project’s baseline the current education systems in Sierra In addition, each project funded under data collection. Leone and Liberia, as well as cross- this solicitation must provide When developing their proposed border issues such as trafficking and educational and training opportunities strategy and writing the application, refugee migration between the two to children as a means to remove them applicants must consult and make countries, applicants must submit one from and/or prevent them from engaging reference to relevant literature and application that proposes strategies that in exploitive work. Because of the documents relating to child labor and seek to prevent or eliminate exploitive limited resources available under this the education of target children in Sierra child labor through the promotion of award, applicants are expected to

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implement programs that complement Although USDOL is open to all awarding of the cooperative agreement, existing efforts and, where appropriate, proposals for innovative solutions to but will be no later than September 30, replicate or enhance successful models address the challenges of providing 2005. to serve a greater number of children increased access to education for the Up to U.S. $5 million will be awarded and communities. However, applicants children targeted, the applicant must, at under this solicitation. USDOL may must not duplicate the activities of a minimum, follow the outline of a award one or more cooperative existing efforts and/or projects and are preliminary project design document agreements to one, several, or a expected to work within host presented in Appendix A, and, within partnership of more than one government child labor and education that format, address all criteria, factors, organization(s) that may apply to frameworks. To avoid duplication, and required descriptions identified in implement the program. A Grantee must enhance collaboration, expand impact, Sections IV(2), V(1)(A), VI(3)(A) and obtain prior USDOL approval for any and develop synergies, the cooperative VI(3)(D). This response will be the sub-contractor proposed in the agreement awardee (hereafter referred to foundation for the final project application before award of the as ‘‘Grantee’’) must work cooperatively document that must be approved within cooperative agreement. The Grantee with national stakeholders in six months after award of the may not sub-grant any of the funds developing project interventions. cooperative agreement. obligated under this cooperative If the application does not propose Applicants are expected to consider the agreement. See Section VI(2)(B) for interventions aimed toward the target economic and social contexts of the further information on sub-contracts. countries when formulating project group or geographical area as identified, strategies and to recognize that then the application will be considered III. Eligibility Information unresponsive and will be rejected. approaches applicable in one country 1. Eligible Applicants may not be relevant to others. Note to All Applicants: Grantees are USDOL will notify host government expected to consult with and work Any commercial, international, ministry officials of the proposed cooperatively with stakeholders in the educational, or non-profit organization, project. During the preparation of an countries, including the Ministries of including any faith-based, community- application for this cooperative Education, Labor, and other relevant based, or public international agreement solicitation, applicants may ministries, NGOs, national steering/advisory organization capable of successfully committees on child labor, education, faith developing and implementing education discuss proposed interventions, and community-based organizations, and strategies, and activities with host working children and their families. Grantees programs for working children or government officials and civil society should ensure that their proposed activities children at risk of entering exploitive organizations. and interventions are consistent with those of work in the countries of interest is Partnerships between more than one the countries’ national child labor and eligible to apply. Partnerships of more organization are also eligible for award education frameworks and priorities, as than one organization are also eligible, and are encouraged, in particular with applicable. Grantees are strongly encouraged and applicants are strongly encouraged to collaborate with existing projects, to work with organizations already qualified, target country-based particularly those funded by USDOL, organizations in order to build local including Timebound Programs and other undertaking projects in the countries of capacity; in such a case, however, a lead projects implemented by the International interest, particularly local NGOs, organization must be identified, and Labor Organization’s International Program including faith-based and community- relationships with partner organizations on the Elimination of Child Labor (ILO/ based organizations. In the case of receiving funds must be codified in an IPEC). partnership applications, a lead organization must be identified, and the appropriate joint venture, partnership, As discussed in Section V(1)(D), up to relationship with any partner or other contractual agreement. Copies five (5) extra points will be given to organizations receiving funds must be of such agreements should be submitted applications that include committed set forth in an appropriate joint venture, as an attachment to the application, and non-Federal resources that significantly partnership, or other contractual will not count toward the page limit. expand the project’s scope. However, agreement. An applicant must Applicants are strongly encouraged to applicants are instructed that the project demonstrate a country presence, enroll at least one-quarter of the budget submitted with the application independently or through a relationship children targeted by the proposed must include all necessary and with another organization(s) with program in educational activities during sufficient funds, without reliance on country presence, which gives it the the first year of project implementation. other contracts, grants, or awards, to ability to initiate program activities Under this cooperative agreement implement the applicant’s proposed upon award of the cooperative solicitation, vocational training for project activities and to achieve agreement. See Section V(1)(B)(ii). adolescents and income generating proposed project goals and objectives Please Note: Applications from foreign alternatives for parents are allowable under this solicitation. If anticipated government and quasi-government activities. Please note: USDOL reserves funding from another contract, grant, or agencies will not be considered. the right to approve or disapprove award fails to materialize, USDOL will alternative income-generating activities not provide additional funding to cover All applicants are requested to after award of the cooperative these costs. complete the Survey on Ensuring Equal agreement. Permissible costs relating to Opportunity for Applicants (OMB No. alternative income-generating activities II. Award Information 1225–0083), which is available online at for target families may include, but are Type of assistance instrument: http://www.dol.gov/ilab/grants/ not limited to, skills training, tools, Cooperative agreement. USDOL’s bkgrd.htm). The capability of an equipment, guides, manuals, and market involvement in project implementation applicant or applicants to perform feasibility studies. However, as stated in and oversight is outlined in Section necessary aspects of this solicitation Section IV(5)(B)(i), Grantees and sub- VI(2). The duration of the project(s) will be determined under the criteria contractors may not provide direct cash funded by this solicitation is four (4) outlined in the Application Review transfers to communities, parents, or years. The start date of program Information section of this solicitation children. activities will be negotiated upon (Section V(1)).

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Please note that to be eligible, that neither favor nor disfavor religion Part II, the technical proposal, must Cooperative Agreement applicants must be employed by Grantees in the provide a technical application that classified under the Internal Revenue selection of project beneficiaries and identifies and explains the proposed Code as a 501(c)(4) entity (see 26 U.S.C. sub-contractors. program and demonstrates the 501(c)(4)), may not engage in lobbying In addition, per the provisions applicant’s capabilities to carry out that activities. According to the Lobbying outlined in Section 2 of Executive Order proposal. The technical application Disclosure Act of 1995, as codified at 2 13279 and 29 CFR 2.33(b), the U.S. must identify how the applicant will U.S.C. 1611, an organization, as Government is generally prohibited carry out the Statement of Work described in Section 501(c)(4) of the from providing direct financial (Section I(2) of this solicitation) and Internal Revenue Code of 1986, that assistance for inherently religious address each of the Application engages in lobbying activities directed activities. Funds awarded under this Evaluation Criteria found in Section toward the U.S. Government will not be solicitation may not be used for V(1). eligible for the receipt of Federal funds religious instruction, worship, prayer, The Part II technical application must constituting an award, grant, proselytizing or other inherently not exceed 45 single-sided (81⁄2″ x 11″), cooperative agreement, or loan. religious activities. double-spaced, 10 to 12 pitch typed pages, and must include responses to 2. Cost Sharing or Matching Funds IV. Application and Submission the application evaluation criteria This solicitation does not require Information outlined in Section V(1) of this applicants to share costs or provide 1. Address To Request Application solicitation. Part II must include a matching funds. However, the Package preliminary project design document leveraging of resources and in-kind submitted in the format shown in contributions is strongly encouraged This solicitation contains all of the Appendix A and discussed further in and is a rating factor worth up to five necessary information and forms needed Section VI(3)(A). The application must (5) additional points. to apply for cooperative agreement include the name, address, telephone funding. This solicitation is published 3. Other Eligibility Criteria and fax numbers, and e-mail address (if as part of this Federal Register notice. applicable) of a key contact person at In accordance with 29 CFR Part 98, Additional copies of the Federal the applicant’s organization in case entities that are debarred or suspended Register may be obtained from your questions should arise. from receiving federal contracts or nearest U.S. Government office or Applications will only be accepted in grants shall be excluded from Federal public library or online at http:// English. To be considered responsive to financial assistance and are ineligible to www.archives.gov/federal_register/ this solicitation, the application must receive funding under this solicitation. index.html. consist of the above-mentioned separate In judging organizational capacity, 2. Content and Form of Application parts. Any applications that do not USDOL will take into account not only Submission conform to these standards may be information provided by an applicant, deemed unresponsive to this solicitation but also information from USDOL, other Applicants must submit one (1) blue and will be rejected. Standard forms and Federal agencies, and other ink-signed original, complete attachments are not included in the 45- organizations regarding past application in English, plus two (2) page limit for Part II. However, any performance of organizations that have copies of the application. The additional information not required implemented or are implementing Child application must consist of two (2) under this solicitation will not be Labor Education Initiative projects, or separate parts, as well as a table of considered. other projects or activities for USDOL contents and an abstract summarizing and other Federal agencies (see Section the application in not more than two (2) 3. Submission Dates, Times, and V(1)(B)). Past performance will be rated pages. The table of contents and the Address by such factors as the timeliness of abstract are not included in the 45-page Applications must be delivered (by deliverables, and the responsiveness of limit for Part II. Applicants should hand or mail) by 4:45 p.m., Eastern the organization and its staff to USDOL number all pages of the application. Time, July 11, 2005, to: U.S. Department or grantor communications regarding Part I of the application, the cost of Labor, Procurement Services Center, deliverables and cooperative agreement proposal, must contain the Standard 200 Constitution Avenue, NW., Room or contractual requirements. In addition, Form (SF) 424, Application for Federal N–5416, Washington, DC 20210, USDOL will consider the performance Assistance and Sections A–F of the Attention: Lisa Harvey, Reference: of the organization’s key personnel on Budget Information Form SF 424A, Solicitation 05–03. Applications sent by existing projects with USDOL or other available from ILAB’s Web site at e-mail, telegram, or facsimile (FAX) will entities, the frequency of the http://www.dol.gov/ilab/grants/ not be accepted. Applications sent by organization’s replacement of key bkgrd.htm. Copies of these forms are non-Postal Service delivery services, personnel, and the quality and also available online from the General such as Federal Express or UPS, will be timeliness of such key personnel Services Administration Web site at accepted; however, the applicant bears replacements. Lack of past experience http://contacts.gsa.gov/webforms.nsf/0/ the responsibility for timely submission. with USDOL projects, cooperative B835648D66D1B8F The application package must be agreements, grants, or contracts is not a 985256A72004C58C2/$file/sf424.pdf received at the designated place by the bar to eligibility or selection under this and http://contacts.gsa.gov/webforms. date and time specified or it will be solicitation. nsf/0/5AEB1FA6FB3B8 considered unresponsive and will be Faith-based organizations may apply 32385256A72004C8E77/$file/ rejected. Any application received at the for Federal funds under this solicitation. Sf424a.pdf. The individual signing the Procurement Services Center after the Neutral, non-religious criteria that SF 424 on behalf of the applicant must deadline will not be considered unless neither favor nor disfavor religion will be authorized to bind the applicant. The it is received before the award is made be employed in the selection of budget/cost proposal and any other and: cooperative agreement recipients. accompanying charts or graphs must be A. It is determined by the Government Similarly, neutral, non-religious criteria written in 10–12 pitch font size. that the late receipt was due solely to

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mishandling by the Government after 4. Intergovernmental Review participant support costs, the applicant receipt at USDOL at the address This funding opportunity is not must specify: (1) Why these activities indicated; and/or subject to Executive Order 12372, and interventions are necessary, and B. It was sent by registered or certified ‘‘Intergovernmental Review of Federal how they will contribute to the overall mail not later than the fifth calendar day Programs.’’ project goals; and (2) how the before the deadline; or disbursement of funds will be C. It was sent by U.S. Postal Service 5. Funding Restrictions administered in order to maximize Express Mail Next Day Service-Post A. In addition to those specified efficiency and minimize the risk of Office to Addressee, not later than 5 under OMB Circular A–122, the misuse. The applicant must also address p.m. at the place of mailing two (2) following costs are also unallowable: how participant support costs being working days, excluding weekends and i. Construction with funds under this funded by the project will be made Federal holidays, prior to the deadline. cooperative agreement is subject to sustainable once the project is The only acceptable evidence to completed. establish the date of mailing of a late USDOL approval and ordinarily should not exceed 10 percent of the project If proposed participant support costs application sent by registered or are approved by USDOL, these items certified mail is the U.S. Postal Service budget’s direct costs and is expected to be limited to improving existing school must be purchased or paid for directly postmark on the envelope or wrapper by the Grantee or its sub-contractor(s), and on the original receipt from the U.S. infrastructure and facilities in the project’s targeted communities. USDOL as opposed to handing cash directly to Postal Service. If the postmark is not children or other individuals. legible, an application received after the encourages applicants to cost-share and/ ii. Under these cooperative above closing time and date shall be or leverage funds or in-kind agreements, awareness raising and processed as if mailed late. ‘‘Postmark’’ contributions from local partners when advocacy activities cannot include fund- means a printed, stamped, or otherwise proposing construction activities in raising or lobbying of the U.S. Federal, placed impression (not a postage meter order to ensure sustainability. State or Local Governments (see OMB machine impression) that is readily ii. Under these cooperative Circular A–122). identifiable without further action as agreements, vocational training for having been applied and affixed by an adolescents and income-generating iii. In accordance with OMB Circular employee of the U.S. Postal Service on alternatives for parents are allowable A–122, funds awarded under this the date of mailing. Therefore, activities. However, Federal funds cooperative agreement may be used to applicants should request that the postal under these cooperative agreements cover the costs of meetings and clerk place a legible hand cancellation cannot be used to provide micro-credits, conferences, as long as the primary ‘‘bull’s-eye’’ postmark on both the revolving funds, or loan guarantees. purpose of such an event is the receipt and the envelope or wrapper. Please note: USDOL reserves the right to dissemination of technical information. The only acceptable evidence to negotiate the exact nature, form, or These costs include meals, establish the date of mailing of a late scope of alternative income-generating transportation, rental of facilities, application sent by U.S. Postal Service activities after award of the cooperative speakers’ fees, and other items Express Mail Next Day Service-Post agreement. Alternative income- incidental to such meetings or Office to Addressee is the date entered generating activities may include, but conference. by the Post Office clerk on the ‘‘Express are not limited to, skills training, tools, iv. USDOL funds awarded under this Mail Next Day Service-Post Office to equipment, guides, manuals, and market solicitation are not intended to Addressee’’ label and the postmark on feasibility studies. duplicate or substitute for host- the envelope or wrapper on the original iii. Awards will not allow countries government efforts or receipt from the U.S. Postal Service. reimbursement of pre-award costs. resources intended for child labor or ‘‘Postmark’’ has the same meaning as B. The following activities are also education programs. Thus, Grantees defined above. Therefore, applicants unallowable under this solicitation: may not provide any of the funds should request that the postal clerk i. The Grantee may not sub-grant any awarded under this cooperative place a legible hand cancellation of the funds obligated under this agreement to foreign government ‘‘bull’s-eye’’ postmark on both the cooperative agreement. Sub-granting entities, ministries, officials, or political receipt and the envelope or wrapper. may not appear or be included in the parties. However, sub-contracts with The only acceptable evidence to budget as a line item. In addition, foreign government agencies may be establish the time of receipt at USDOL Grantees may not provide direct cash awarded to provide direct services or is the date/time stamp of the transfers to communities, parents, or undertake project activities subject to Procurement Service Center on the children. The funding for this program applicable laws and only after a application wrapper or other does not include authority for sub- competitive procurement process has documentary evidence of receipt grants and, as a matter of policy, USDOL been conducted and no other entity in maintained by that office. does not allow for direct cash transfers the countries is able to provide these Confirmation of receipt can be to target beneficiaries. USDOL, however, services. The Grantee must receive prior obtained from Lisa Harvey, U.S. would support the purchase of USDOL approval before sub-contracting Department of Labor, Procurement incidental items in the nature of the provision of direct services to Services Center, telephone (202) 693– ‘‘participant support costs’’ under OMB foreign government agencies. 4570 (this is not a toll-free-number) or Circular A–122, Attachment B, No. 34, v. Applicants are reminded that U.S. e-mail: [email protected]. All which are necessary to ensure that target Executive Orders and U.S. law prohibit applicants are advised that U.S. mail children have access to schooling. These transactions with, and the provision of delivery in the Washington, DC area can participant support costs may include resources and support to, individuals be slow and erratic due to concerns such items as uniforms and school and organizations associated with involving contamination. All applicants supplies, and the provision of tuition terrorism. It is the legal responsibility of must take this into consideration when and transportation costs in the form of the Grantee to ensure compliance with preparing to meet the application vouchers to the provider of services. If these Executive Orders and laws. This deadline. an applicant proposes the provision of provision must be included in all sub-

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contracts issued under the cooperative A. Project/Program Design/Budget-Cost children targeted and its rationale. agreement. Effectiveness (45 Points) Applicants will be rated based on the vi. The U.S. Government is opposed This part of the application quality and pertinence of proposed to prostitution and related activities, constitutes the preliminary project strategies. Please refer to Section I(2) for which are inherently harmful and design document described in Section USDOL’s definition of educational dehumanizing, and contribute to the VI(3)(A), and outlined in Appendix A. services and training opportunities for phenomenon of trafficking in persons. The applicant’s proposal must describe children targeted under this solicitation. iv. Sustainability Plan—The applicant U.S. non-governmental organizations, in detail the proposed approach to must discuss a proposed plan for and their sub-contractors, cannot use comply with each requirement. Applicants will be rated based on their sustainability of project efforts. To U.S. Government funds to lobby for, USDOL, sustainability is linked to promote or advocate the legalization or understanding of the child labor and education context in the host countries, project impact and the ability of regulation of prostitution as a legitimate individuals, communities, and a nation form of work. Foreign non-governmental as well as on the clarity and quality of information provided in the project to ensure that the activities or changes organizations, and their sub-contractors, implemented by a project endure. A that receive U.S. Government funds to design document. This component of the application project’s impact is manifested at the fight trafficking in persons cannot lobby level of individuals, organizations, and for, promote or advocate the legalization must demonstrate the applicant’s thorough knowledge and understanding systems. For individual children and or regulation of prostitution as a their families this would mean a legitimate form of work. It is the of the issues, barriers, and challenges involved in providing education to positive and enduring change in their responsibility of the Grantee to ensure life conditions as a result of project its sub-contractors meet these criteria. children engaged in or at risk of engaging in exploitive child labor, interventions. At the level of (The U.S. Government is currently organizations and systems, sustained developing language to specifically particularly its worst forms; best- practice solutions to address their impact would involve continued address Public International commitment and ability (including Organizations’ implementation of the needs; and the policy and implementing environment in the selected countries. financial commitment and policy above anti-prostitution prohibition. If a change) by project partners to continue project under this solicitation is When preparing the technical proposal, the applicant must follow the outline the actions generated by the project, awarded to such an organization, including enforcement of existing appropriate substitute language for the provided in Appendix A, and at minimum include a description of: policies that target child labor and above prohibition will be included in school attendance. Applicants will be the project’s cooperative agreement.) i. Children Targeted—The applicant must identify which and how many rated based on the pertinence and FOR FURTHER INFORMATION CONTACT: Lisa children are expected to receive direct appropriateness of the proposed Harvey. E-mail address: and indirect services from the project, sustainability plan. [email protected]. For a list of including the sectors in which they v. Description of Activities—The frequently asked questions on USDOL’s work, geographical location, and other applicant must provide a detailed Child Labor Education Initiative relevant characteristics. Please refer to description of proposed activities that Solicitation for Cooperative Agreement, Section I(2) for USDOL’s definition of relate to the gaps/needs/barriers to be please visit http://www.dol.gov/ILAB/ educational services and training addressed, including training and faq/faq36.htm. opportunities for children targeted technical assistance to be provided to under this solicitation. project staff, host countries nationals V. Application Review Information Children are defined as persons under and community groups involved in the project. The proposed approach is 1. Application Evaluation Criteria the age of 18 who have been engaged or at risk of engaging in the worst forms of expected to build upon existing Technical panels will review child labor as defined by ILO activities, government policies, and applications written in the specified Convention 182, or those under the legal plans, and avoid needless duplication. format (see Section I, Section IV(2) and working age of the countries and who Please refer to Section I(2) for USDOL’s Appendix A) against the various criteria are engaged or at risk of engaging in definition of educational services and on the basis of 100 points. Up to five other hazardous and/or exploitive training opportunities for children additional points will be given for the activities. Under this solicitation, at-risk targeted under this solicitation. inclusion of non-Federal leveraged children are defined as siblings of vi. Work Plan—The applicant must resources as described below in Section working children, or children living in provide a detailed work plan and V(1)(D). Applicants are requested to areas with a high incidence of exploitive timeline for the proposed project, prepare their technical proposal (45 child labor. preferably with a visual such as a Gantt page maximum) organized in ii. Needs/Gaps/Barriers—The chart. Applicants will be rated based on accordance with Appendix A, and applicant must describe the specific the clarity and quality of the address all of the following rating gaps/educational needs of the children information provided in the work plan. factors, which are presented in the order targeted that the project will address. Note: Applicants are also encouraged to of emphasis that they will receive, and enroll one-quarter of the targeted children in Note: The number of children targeted by educational activities during the first year of the maximum rating points for each the project must be commensurate with the project implementation. factor. need in the geographical area or sector where Program Design/Budget-Cost the project will be implemented. In addition, vii. Program Management and Effectiveness: 45 points. the budget proposed should take into account Performance Assessment—The the type of work in which the target children applicant must describe: (1) How Organizational Capacity: 30 points. are currently engaged. management will ensure that the goals Management Plan/Key Personnel/ iii. Proposed Strategy—The applicant and objectives will be met; (2) how Staffing: 25 points. must discuss the proposed strategy to information and data will be collected Leveraging Resources: 5 extra points. address gaps/needs/barriers of the and used to demonstrate the impacts of

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the project; and (3) what systems will be attestation engagements (as applicable); Applicants should take into account put in place for self-assessment, midterm and final evaluations; and such costs in budget preparation. If evaluation, and continuous other related costs. Applications are major costs are omitted, a Grantee may improvement. Note to All Applicants: expected to allocate sufficient resources not be allowed to include them later. USDOL has already developed common to proposed studies, assessments, B. Organizational Capacity (30 Points) indicators (enrollment, retention, and surveys, and monitoring and evaluation completion) and a database system for activities, including costs associated Under this criterion, the applicant monitoring children’s educational with collecting information for and must present the qualifications of the progress that can be used and adapted reporting on the common indicators. In organization(s) implementing the by Grantees after award. Grantees will addition, the budget should include a program/project. The evaluation criteria be responsible for entering information contingency provision, calculated at 5% in this category are as follows: on each project beneficiary into this of the project’s total direct costs, for i. International Experience—The database system. Further guidance on unexpected expenses essential to organization applying for the award has common indicators will be provided meeting project goals, such as host international experience implementing after award, thus applicants should countries currency devaluations, basic, transitional, non-formal, or focus their program management and security costs, etc. USDOL will not vocational education programs that performance assessment responses provide additional funding to cover address issues of access, quality, and toward the development of their unanticipated costs. Grantees must policy reform for vulnerable children project’s monitoring strategy in support obtain prior approval from USDOL including children engaging in or at risk of the delivery of direct education and before using contingency funds. If these of engaging in exploitive child labor, training opportunities to working funds have not been exhausted toward preferably in the countries of interest. children and those at risk of engaging in the end of the project period, USDOL ii. Country Presence—Given the need exploitive work, and the four goals of and the Grantee will determine whether to provide children engaged in the worst the Child Labor Education Initiative set it is appropriate to reallocate the funds forms of child labor with immediate out in Section I(1)(A). Because of the to direct educational or training services assistance in accessing educational and potentially significant links between or return the funds to USDOL. training opportunities, applicants will hours worked, working conditions, and Grantees should also budget for a be evaluated on their ability to start up school performance, Grantees are facilitator-led project launch meeting in project activities soon after signing a encouraged to collect information to the target countries, which will allow cooperative agreement. Having country track this correlation among project key stakeholders to discuss issues of presence, or partnering with in-country beneficiaries. Applicants proposing project design and monitoring. organizations, presents the best chance innovative methodologies in this area When developing their applications, of expediting the delivery of services to will be rated more highly. applicants are also expected to allocate children engaged or at risk of engaging the largest proportion of resources to in the worst forms of child labor. In Please note: In addition to reporting on the educational activities aimed at targeted their application, applicants must common indicators, applicants will be address country presence; outreach to expected to track the working status, children, rather than direct and/or conditions, and hours of targeted children, indirect administrative costs. Higher government and NGOs, including local including the withdrawal of children from ratings may be given to applicants with and community-based organizations; exploitive/hazardous working conditions. low administrative costs and with a and the ability of the organization to Applicants are also expected to explore cost- budget breakdown that provides a larger start up project activities in a timely effective ways of assessing the impact of amount of resources to project activities. fashion. Applicants may submit proposed services/interventions to indirect All projected costs should be reported, supporting documentation with their beneficiaries. as they will become part of the application demonstrating country Applicants are expected to budget for cooperative agreement upon award. In presence and/or outreach to host costs associated with collecting and their cost proposal (Part I of the government ministries and NGOs in reporting on the common indicators application), applicants must reflect a each country. These attachments will (enrollment, retention, and completion), breakdown of the total administrative not count toward the page limit. data management, tracking the working costs into direct administrative costs Within 60 days of award, an status children, and assessing the and indirect administrative costs. This applicant, or its partners, must be impact of services/interventions to section will be evaluated in accordance formally recognized by the host indirect beneficiaries. with applicable Federal laws and governments using the appropriate viii. Budget/Cost Effectiveness—The regulations. The budget must comply mechanism, e.g., Memorandum of applicant must show how the budget with Federal cost principles (which can Understanding or local registration of reflects program goals and design in a be found in the applicable OMB the organization. An applicant must cost-effective way to reflect budget/ Circulars). An example of an Outputs demonstrate, independently or through performance integration. The budget Based Budget has been provided as a relationship with another must be linked to the activities and Annex B. organization(s), the ability to initiate outputs of the implementation plan Applicants are encouraged to discuss program activities upon award of the listed above. The budget proposed the possibility of exemption from cooperative agreement, as well as the should also take into account the type customs and Value Added Tax (VAT) capability to work directly with of work in which the target children are with host government officials during government ministries, educators, civil currently engaged. the preparation of an application for this society leaders, and other local faith- This section of the application must cooperative agreement. While USDOL based or community organizations. explain the costs for performing all of encourages host governments to not iii. Fiscal Oversight—The the requirements presented in this apply custom or VAT taxes to USDOL- organization shows evidence of a sound solicitation, and for producing all funded programs, some host financial system. required reports and other deliverables. governments may nevertheless choose If the applicant is a U.S.-based, non- Costs must include labor; equipment; to assess such taxes. USDOL may not be profit organization already subject to the travel; annual single audits or able to provide assistance in this regard. single audit requirements, the

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applicant’s most recent single audit, as other contractual agreement as an the individuals committed to the submitted to the Federal Audit attachment (which will not count project. Accordingly, in its evaluation of Clearinghouse, must accompany the toward the page limit). If a partnership each application, USDOL will place application as an attachment. In between two or more organizations is emphasis on the applicant’s addition, applications must show that proposed, applicants are encouraged to management approach and commitment they have complied with report outline the deliverables, activities, and of personnel qualified for the work submission timeframes established in corresponding timeline for which each involved in accomplishing the assigned OMB Circular A–133. If an applicant is organization will be responsible for tasks. This section of the application not in compliance with the completing. must include sufficient information to requirements for completing their single v. Experience—The application must judge management and staffing plans, audit, the application will be considered include information on previous and and the experience and competence of unresponsive and will be rejected. current grants, cooperative agreements, program staff proposed for the project to If the applicant is a for-profit or or contracts of the applicant with assure that they meet the required foreign-based organization, a copy of its USDOL and other Federal agencies that qualifications. most current independent financial are relevant to this solicitation, Note that management and audit must accompany the application including: professional technical staff members as an attachment. (a) The organizations for which the comprising the applicant’s proposed Applicants should also submit a copy work was done; team should be individuals who have of the most recent single audit report for (b) A contact person in that prior experience with organizations all proposed U.S.-based, non-profit organization with his/her current phone working in similar efforts, and who are partners, and sub-contractors that are number; fully qualified to perform work subject to the Single Audit Act. If the (c) The dollar value of the grant, specified in the Statement of Work. proposed partner(s) is a for-profit or contract, or cooperative agreement for Where sub-contractors or outside foreign-based organization, a copy of its the project; assistance are proposed, organizational most current independent financial (d) The time frame and professional lines of authority and responsibility audit should accompany the application effort involved in the project; should be clearly delineated to ensure as an attachment. Applicants may wish (e) A brief summary of the work responsiveness to the needs of USDOL. to review the audits of prospective performed; and organizations before deciding whether (f) A brief summary of Note to All Applicants: All key personnel must allocate 100 percent of their time to the they want to partner with or sub- accomplishments. This information on previous grants, project and be present within the target contract to them under an Education cooperative agreements, and contracts countries. Key personnel positions must not Initiative cooperative agreement. held by the applicant must be provided be combined. Proposed key personnel candidates must sign letters of agreement to Note to All Applicants: In order to in appendices and will not count serve on the project, and indicate availability expedite the screening of applications, and to against the maximum page requirement. to commence work within 30 days of ensure that the appropriate audits are USDOL reserves the right to contact the cooperative agreement award. Applicants attached to the proposals, the applicant must organizations listed and use the must submit these letters as an attachment to provide a cover sheet to the audit information provided in evaluating the application. (These will not count toward attachments listing all proposed partners and applications. the page limit.) If key personnel letters of sub-contractors. These attachments will not agreement to serve on the project are not count toward the application page limit. Note to All Applicants: In judging submitted as part of the application, the organizational capacity, USDOL will take USDOL reserves the right to ask application will be considered unresponsive into account not only information provided and will be rejected. further questions on any audit report by an applicant, but also information from submitted as part of an application. the Department and others regarding past i. Key personnel—The applicant must USDOL also reserves the right to place performance of organizations already identify all key personnel candidates special conditions on Grantees if implementing Child Labor Education proposed to carry out the requirements concerns are raised in their audit Initiative projects or activities for USDOL of this solicitation. ‘‘Key personnel’’ are reports. and others. Past performance will be rated by such factors as the timeliness of deliverables, staff (Project Director, Education Note to All Applicants: If a copy of the and the responsiveness of the organization Specialist, and Monitoring and most recent audit report is not submitted as and its staff to USDOL or grantor Evaluation Officer) who are essential to part of the application, the application will communications regarding deliverables and the successful operation of the project be considered unresponsive and will be cooperative agreement or contractual and completion of the proposed work rejected. In addition, if the audit submitted requirements. In addition, the performance of and, therefore, as detailed in Section by the applicant reflects any adverse the organization’s key personnel on existing VI(2)(C), may not be replaced or have opinions, the application will not be further projects with USDOL or other entities, hours reduced without the approval of considered by the technical review panel and whether the organization has a history of will be rejected. replacing key personnel with similarly the Grant Officer. If key personnel qualified staff, and the timeliness of candidates are not designated, the iv. Coordination—If two or more replacing key personnel, will also be taken application will be considered organizations are applying for the award into consideration when rating past unresponsive and will be rejected. Note: in the form of a partnership or joint performance. Lack of past experience with preference may be given to applicants venture, they must demonstrate an USDOL projects, cooperative agreements, who propose qualified key personnel approach to ensure the successful grants, or contracts is not a bar to eligibility who have extensive experience in the collaboration including clear or selection under this solicitation. host countries. delineation of respective roles and (a) A Project Director who will be responsibilities. Although each partner C. Management Plan/Key Personnel/ responsible for overall project will bear independent legal liability for Staffing (25 Points) management, supervision, the entire project, the applicants must Successful performance of the administration, and implementation of identify a lead organization and must proposed work depends heavily on the the requirements of the cooperative submit the joint venture, partnership, or management skills and qualifications of agreement. He/she will establish and

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maintain systems for project operations; monitoring and evaluation of well as a description of the roles and ensure that all cooperative agreement international development projects, responsibilities of all key and deadlines are met and targets are preferably in education and training or professional personnel proposed. achieved; maintain working a related field. Related experience can Resumes must be submitted as an relationships with project stakeholders include strategic planning and attachment to the application and will and partners; and oversee the performance measurement, indicator not count toward the page limit. If preparation and submission of progress selection, quantitative and qualitative resumes of key personnel candidates are and financial reports. The Project data collection and analysis not submitted as part of the application, Director must have a minimum of three methodologies, database management, the application will be considered years of professional experience in a and knowledge of the Government unresponsive and will be rejected. leadership role in implementation of Performance and Results Act. At a minimum, each resume must complex basic education programs in Individuals with a demonstrated ability include: the individual’s current developing countries in areas such as: to build capacity of the project team and employment status and previous work education policy; improving partners in these domains will be given experience, including position title, educational quality and access; special consideration. duties, dates in position, employing educational assessment of Information provided on key organizations, and educational disadvantaged students; development of personnel candidates must include the background. Duties must be clearly community participation in the following: defined in terms of role performed, e.g., improvement of basic education for • The educational background and manager, team leader, and/or disadvantaged children; and monitoring experience of all key personnel to be consultant. The application must and evaluation of basic education assigned to the project. indicate whether the individual is projects. Consideration will be given to • The special capabilities of key currently employed by the applicant, candidates with additional years of personnel that demonstrate prior and (if so) for how long. experience including experience experience in organizing, managing and D. Leveraging Resources (5 Points) working with officials of ministries of performing similar efforts. education and/or labor. Preferred • The current employment status of USDOL will give up to five (5) candidates must also have knowledge of key personnel and availability for this additional rating points to applications exploitive child labor issues, and project. The applicant must also that include committed non-Federal experience in the development of indicate whether the proposed work resources that significantly expand the transitional, formal, and vocational will be performed by persons currently dollar amount, size and scope of the education of children removed from employed by the applying organization application. These programs or exploitive child labor and/or victims of or is dependent upon planned activities will not be financed by the the worst forms of child labor. Fluency recruitment or sub-contracting. project, but can complement and in English is required and working ii. Other Professional Personnel—The enhance project objectives. Applicants knowledge of the official language of the applicant must identify other program are also encouraged to leverage target countries, or at least one of the personnel proposed to carry out the activities, such as micro-credits, official languages if there is more than requirements of this solicitation. The revolving funds, or loan guarantees, one, is preferred. applicant must also indicate whether which are not directly allowable under (b) An Education Specialist who will the proposed work by other professional the cooperative agreement. To be provide leadership in developing the personnel will be performed by persons eligible for the additional points, the technical aspects of this project in currently employed by the organization applicant must list the source(s) of collaboration with the Project Director. or is dependent upon planned resources, the nature, and possible This person must have at least three recruitment or sub-contracting. activities anticipated with these years of experience in basic education iii. Management Plan—The resources under this cooperative projects in developing countries in areas management plan must include the agreement and any partnerships, including student assessment, teacher following: linkages or coordination of activities, training, educational materials (a) A description of the functional cooperative funding, etc. Staff time of development, educational management, relationship between elements of the proposed key personnel may not be and educational monitoring and project’s management structure; and submitted as a leveraged resource. information systems. This person must (b) The responsibilities of project staff 2. Review and Selection Process have experience in working successfully and management and the lines of with ministries of education, networks authority between project staff and other The Office of Procurement Services at of educators, employers’ organizations elements of the project. USDOL will screen all applications to and trade union representatives or determine whether all required comparable entities. Additional Note: Applicants will be rated based on the elements, as identified in section IV(2) clarity and quality of the information above, are present and clearly experience with exploitive child labor/ provided in the management plan. education policy and monitoring and identifiable. If an application does not evaluation is an asset. A working iv. Staff Loading Plan—The staff include all of the required elements, knowledge of English is preferred, as is loading plan must identify all key tasks including required attachments, it will a similar knowledge of the official and the person-days required to be considered unresponsive and will be language(s) spoken in the target complete each task. Labor estimated for rejected. Once an application is deemed countries. each task must be broken down by unresponsive, the Office of Procurement (c) A Monitoring and Evaluation individuals assigned to the task, Services will send a letter to the Officer who will oversee the including sub-contractors and applicant, which will state that the implementation of the project’s consultants. All key tasks should be application was incomplete, indicate monitoring and evaluation strategies charted to show time required to which document was missing from the and requirements. This person should perform them by months or weeks. application, and explain that the have at least three years of progressively v. Roles and Responsibilities—The technical review panel will be unable to responsible experience in the applicant must include a resume, as rate the application.

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The following documents must be 3. Anticipated Announcement and private for-profit Grantees, an attestation included in the application package in Award Dates engagement, conducted in accordance order for the application to be deemed Designation decisions will be made, with U.S. ‘‘Government Auditing complete and responsive: where possible, within 45 days after the Standards,’’ that includes an auditor’s i. A cost proposal. deadline for submission of proposals. opinions on (1) compliance with the ii. A technical proposal. USDOL is not obligated to make any Department’s regulations and the iii. The applicant’s most recent audit awards as result of this solicitation, and provisions of the cooperative agreement report. only the Grant Officer can bind USDOL and (2) the reliability of the Grantee’s financial and performance reports must iv. Resumes of all key personnel to the provision of funds under this be submitted to meet the annual audit candidates. solicitation. Unless specifically requirement. Costs for these audits or v. Signed letters of agreement to serve provided in the cooperative agreement, USDOL’s acceptance of a proposal attestation engagements should be on the project from all key personnel included in direct or indirect costs, candidates. and/or award of Federal funds does not waive any cooperative agreement whichever is appropriate. Each complete application will be The cooperative agreements awarded requirements and/or procedures. objectively rated by a technical review under this solicitation are subject to the panel against the criteria described in VI. Award Administration Information following administrative standards and this announcement. Applicants are provisions, and any other applicable 1. Award Notices advised that panel recommendations to standards that come into effect during the Grant Officer are advisory in nature. The Grant Officer will notify the term of the cooperative agreement, The Grant Officer may elect to select a applicants of designation results as if applicable to a particular Grantee: Grantee on the basis of the initial follows: Designation Letter: The i. 29 CFR Part 2 Subpart D—Equal application submission; or, the Grant designation letter signed by the Grant Treatment in Department of Labor Officer may establish a competitive or Officer will serve as official notice of an Programs for Religious Organizations; technically acceptable range from which organization’s designation. The Protection of Religious Liberty of qualified applicants will be selected. If designation letter will be accompanied Department of Labor Social Service deemed appropriate, the Grant Officer by a cooperative agreement and ICLP’s Providers and Beneficiaries. may call for the preparation and receipt Management Procedures and Guidelines ii. 29 CFR Part 31— of final revisions of applications, (MPG). Nondiscrimination in Federally following which the evaluation process Non-Designation Letter: Any Assisted Programs of the Department of described above may be repeated, in organization not designated will be Labor— Effectuation of Title VI of the whole or in part, to consider such notified formally of the non-designation Civil Rights Act of 1964. revisions. The Grant Officer will make and given the basic reasons for the iii. 29 CFR Part 32— final selection determinations based on determination. Nondiscrimination on the Basis of panel findings and consideration of Notification by a person or entity Handicap in Programs and Activities factors that represent the greatest other than the Grant Officer that an Receiving or Benefiting from Federal advantage to the government, such as organization has or has not been Financial Assistance. cost, the availability of funds, and other designated is not valid. iv. 29 CFR Part 33—Enforcement of factors. If USDOL does not receive Nondiscrimination on the Basis of technically acceptable applications in 2. Administrative and National Policy Handicap in Programs or Activities response to this solicitation, USDOL Requirements Conducted by the Department of Labor. reserves the right to terminate the A. General v. 29 CFR Part 35—Nondiscrimination competition and not make any award. on the Basis of Age in Programs or Grantee organizations are subject to The Grant Officer’s determinations for Activities Receiving Federal Financial applicable U.S. Federal laws (including awards under this solicitation are final. Assistance from the Department of provisions of appropriations law) and Labor. Note to All Applicants: Selection of an regulations, Executive Orders, vi. 29 CFR Part 36—Federal Standards organization as a cooperative agreement applicable Office of Management and for Nondiscrimination on the Basis of recipient does not constitute approval of the Budget (OMB) Circulars, and USDOL cooperative agreement application as Sex in Education Programs or Activities policies. If during project Receiving Federal Financial Assistance. submitted. Before the actual cooperative implementation a Grantee is found in agreement is awarded, USDOL may enter into vii. 29 CFR Part 93—New Restrictions best and final negotiations about such items violation of U.S. government laws and on Lobbying. as program components, funding levels, and regulations, the terms of the cooperative viii. 29 CFR Part 95—Uniform administrative systems in place to support agreement awarded under this Administrative Requirements for Grants cooperative agreement implementation. If the solicitation may be modified by USDOL, and Agreements with Institutions of negotiations do not result in an acceptable costs may be disallowed and recovered, Higher Education, Hospitals and other submission, the Grant Officer reserves the the cooperative agreement may be Non-Profit Organizations, and with right to terminate the negotiation and decline terminated, and USDOL may take other Commercial Organizations, Foreign to fund the application. In addition, USDOL action permitted by law. Determinations Governments, Organizations Under the reserves the right to further negotiate of allowable costs will be made in program components after award, during the Jurisdiction of Foreign Governments project design document submission and accordance with the applicable U.S. and International Organizations. review process. See Section VI(3)(A). Federal cost principles. ix. 29 CFR Part 96—Federal Standards Grantees must also submit to an for Audit of Federally Funded Grants, Award of a cooperative agreement annual independent audit. Single audits Contracts and Agreements. under this solicitation may also be conducted under the provisions of OMB x. 29 CFR Part 98—Federal Standards contingent upon an exchange of project Circular A–133 are to be submitted by for Government-wide Debarment and support letters between USDOL and the U.S. based non-profit organizations to Suspension (Nonprocurement) and relevant ministries in the target meet the annual independent audit Government-wide Requirements for countries. requirement. For foreign-based and Drug-Free Workplace (Grants).

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xi. 29 CFR Part 99—Federal Standards to begin work on the project no later reasonable times, to make site visits to for Audits of States, Local Governments, than 30 days after award. review project accomplishments and and Non-Profit Organizations. After the cooperative agreement has management control systems and to Applicants are reminded to budget for been awarded and throughout the life of provide such technical assistance as compliance with the administrative the project, Grantees agree to inform the may be required. If USDOL makes any requirements set forth. This includes the Grant Officer’s Technical Representative site visit on the premises of a Grantee cost of performing administrative (GOTR) whenever it appears impossible or a sub-contractor(s) under this activities such as annual single audits or for any key personnel to continue work cooperative agreement, a Grantee shall attestation engagements (as applicable); on the project as planned. A Grantee provide and shall require its sub- closeout; mid-term and final may nominate substitute key personnel contractors to provide all reasonable evaluations; project-related document and submit the nominations to the facilities and assistance for the safety preparation, including deliverables; as GOTR. A Grantee may also propose and convenience of government well as compliance with procurement reducing the hours of key personnel; representatives in the performance of and property standards. Copies of all however, a Grantee must obtain prior their duties. All site visits and regulations referenced in this approval from the Grant Officer for all evaluations are expected to be solicitation are available at no cost, on- such changes to key personnel. If the performed in a manner that will not line, at http://www.dol.gov. Grant Officer is unable to approve the unduly delay the implementation of the Grantees should be aware that terms key personnel change, he/she reserves project. outlined in this solicitation, the the right to terminate the cooperative 3. Reporting and Deliverables cooperative agreement, and the MPGs agreement or disallow costs. Please are all applicable to the implementation note: As stated in Section V(1)(B)(v), the In addition to meeting the above of projects awarded under this performance of the organization’s key requirements, a Grantee is expected to solicitation. personnel on existing projects with monitor the implementation of the USDOL or other entities, and whether program; report to USDOL on a semi- B. Sub-Contracts the organization has a history of annual basis or more frequently if The Grantee may not sub-grant any of replacing key personnel with equally deemed necessary by USDOL; and the funds obligated under this qualified staff, will be taken into undergo evaluations of program results. cooperative agreement. Sub-granting consideration when rating past Guidance on USDOL procedures and may not appear or be included in the performance. management requirements will be budget as a line item. However, sub- provided to Grantees in the MPGs with D. Encumbrance of Cooperative contracts may be included as a budget the cooperative agreement. The project Agreement Funds line item. budget must include funds to: plan, All relationships between the Grantee Cooperative agreement funds may not implement, monitor, report on, and and partner organizations receiving be encumbered/obligated by a Grantee evaluate programs and activities funds under this solicitation must be set before or after the period of (including mid-term and final forth in an appropriate joint venture, performance. Encumbrances/obligations evaluations and annual single audits or partnership, or other contractual outstanding as of the end of the attestation engagements, as applicable); agreement. Copies of such agreements cooperative agreement period may be conduct studies pertinent to project should be provided to USDOL as an liquidated (paid out) after the end of the implementation; establish education attachment to the application; copies of cooperative agreement period. Such baselines to measure program results; such agreements will not count toward encumbrances/obligations may involve and finance travel by field staff and key the page limit. only specified commitments for which a personnel to meet annually with Sub-contracts must be awarded in need existed during the cooperative USDOL officials in Washington, DC or accordance with 29 CFR 95.40–48. Sub- agreement period and that are supported within the project’s region (e.g., Africa, contracts awarded after the cooperative by approved contracts, purchase orders, Asia, Latin America, Middle East and agreement is signed, and not proposed requisitions, invoices, bills, or other North Africa, and Europe). Applicants in the application, must be awarded evidence of liability consistent with a based both within and outside the through a formal competitive bidding Grantee’s purchasing procedures and United States should also budget for process, unless prior written approval is incurred within the cooperative travel by field staff and other key obtained from USDOL. agreement period. All encumbrances/ personnel to Washington, DC at the In compliance with Executive Orders obligations incurred during the beginning of the project for a post-award 12876, as amended, 13230, 12928 and cooperative agreement period must be meeting with USDOL. Indicators of 13021, as amended, Grantees are liquidated within 90 days after the end project performance must also be strongly encouraged to provide sub- of the cooperative agreement period, proposed by a Grantee and approved by contracting opportunities to Historically unless a longer period of time is granted USDOL in the Performance Monitoring Black Colleges and Universities, by USDOL. Plan, as discussed in Section VI(3)(D) Hispanic-Serving Institutions and Tribal All equipment purchased with project below. Unless otherwise indicated, a Colleges and Universities. funds must be inventoried and secured Grantee must submit copies of all throughout the life of the project. At the C. Key Personnel required reports to USDOL by the end of the project, USDOL and the specified due dates. Exact timeframes As noted in Section V(1)(C), the Grantee are expected to determine how for completion of deliverables will be applicant must list the individuals who to best allocate equipment purchased addressed in the cooperative agreement have been designated as having primary with project funds in order to ensure and the MPGs. responsibility for the conduct and sustainability of efforts in the projects’ Specific deliverables are the completion of all project work. The implementing areas. following: applicant must submit written proof that key personnel (Project Director, E. Site Visits A. Project Design Document Education Specialist, and Monitoring USDOL, through its authorized As stated in Sections I(2) and IV(2), and Evaluation Officer) will be available representatives, has the right, at all applications must include a preliminary

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project design document in the format beginning and ending dates for the or otherwise use for Federal purposes, described in Appendix A, with design project, indicators and methods and cost and authorize others to do so, all elements linked to a logical framework of data collection, planned and actual materials that are developed or for matrix. (Note: The supporting logical dates for mid-term review, and final end which ownership is purchased by the framework matrix will not count in the of project evaluations. The performance Grantee under an award. 45-page limit but should be included as monitoring plan must be developed in an annex to the project document. To conjunction with the logical framework 2. Acknowledgment of USDOL Funding guide applicants, a sample logical project design and common indicators USDOL has established procedures framework matrix for a hypothetical for reporting selected by USDOL. The and guidelines regarding Child Labor Education Initiative project plan must include a limited number of acknowledgement of funding. USDOL is available at http://www.dol.gov/ilab/ key indicators that can be realistically requires, in most circumstances, that the grants/bkgrd.htm). The preliminary measured within the cost parameters following be displayed on printed project document must include all allocated to project monitoring. Baseline sections identified in Appendix A, data collection is expected to be tied to materials: including a background/justification the indicators of the project design ‘‘Funding provided by the United section, project strategy (goal, purpose, document and the performance States Department of Labor under outputs, activities, indicators, means of monitoring plan. A draft monitoring and Cooperative Agreement No. E–9–X–X– verification, assumptions), project evaluation plan must be submitted to XXXX.’’ implementation timetable, and project USDOL within six months of project With regard to press releases, requests budget. The narrative must address the award. for proposals, bid solicitations, and criteria/themes described in the other documents describing projects or Program Design/Budget-Cost E. Project Evaluations programs funded in whole or in part Effectiveness section (Section V(1)(A) Grantees and the GOTR will under this cooperative agreement, all above). determine on a case-by-case basis Grantees are required to consult with Within six months after the time of whether mid-term evaluations will be the award, the Grantee must deliver the conducted by an internal or external USDOL on: acknowledgment of USDOL final project design document, based on evaluation team. All final evaluations funding; general policy issues regarding the application written in response to must be external and independent in international child labor; and informing this solicitation, including the results of nature. A Grantee must respond in USDOL, to the extent possible, of major additional consultation with writing to any comments and press events and/or interviews. More stakeholders, partners, and USDOL. The recommendations provided in the mid- detailed guidance on acknowledgement final project design document must also term evaluation report. The budget must of USDOL funding will be provided include sections that address include the projected cost of mid-term upon award to the Grantee(s) in the coordination strategies, project and final evaluations. cooperative agreement and the MPG. In management and sustainability. consultation with USDOL, USDOL will VII. Agency Contacts be acknowledged in one of the following B. Progress and Financial Reports All inquiries regarding this ways: The format for the progress reports solicitation should be directed to: Ms. A. The USDOL logo may be applied will be provided in the MPG distributed Lisa Harvey, U.S. Department of Labor, to USDOL-funded material prepared for after the award. Grantees must furnish Procurement Services Center, 200 worldwide distribution, including a typed technical progress report and a Constitution Avenue, NW, Room N– posters, videos, pamphlets, research financial report (SF 269) to USDOL on 5416, Washington, DC 20210; telephone documents, national survey results, a semi-annual basis by 31 March and 30 (202) 693–4570 (this is not a toll-free- September of each year during the impact evaluations, best practice number) or e-mail: [email protected]. reports, and other publications of global cooperative agreement period. However, For a list of frequently asked questions USDOL reserves the right to require up interest. A Grantee must consult with on USDOL’s Child Labor Education USDOL on whether the logo may be to four reports a year, as necessary. Initiative Solicitation for Cooperative used on any such items prior to final Also, a copy of the Federal Cash Agreement, please visit http:// draft or final preparation for Transactions Report (PSC 272) must be www.dol.gov/ILAB/faq/faq36.htm. submitted to USDOL upon submission distribution. In no event will the to the Health and Human Services— VIII. Other Information USDOL logo be placed on any item until USDOL has given a Grantee written Payment Management System (HHS– 1. Materials Prepared Under the PMS). Cooperative Agreement permission to use the logo on the item. B. The following notice must appear C. Annual Work Plan Grantees must submit to USDOL, for on all documents: ‘‘This document does approval, all media-related, awareness- Grantees must develop an annual not necessarily reflect the views or raising, and educational materials work plan within six months of project policies of the U.S. Department of award for approval by USDOL so as to developed by the Grantee or its sub- contractors before they are reproduced, Labor, nor does mention of trade names, ensure coordination with other relevant commercial products, or organizations social actors throughout the countries. published, or used. USDOL considers such materials to include brochures, imply endorsement by the U.S. Subsequent annual work plans must be Government.’’ delivered no later than one year after the pamphlets, videotapes, slide-tape previous one. shows, curricula, and any other training 3. Privacy and Freedom of Information materials used in the program. USDOL D. Performance Monitoring and will review materials for technical Any information submitted in Evaluation Plan accuracy and other issues. response to this solicitation will be Grantees must develop a performance In addition, USDOL reserves a subject to the provisions of the Privacy monitoring and evaluation plan in royalty-free, nonexclusive, and Act and the Freedom of Information collaboration with USDOL, including irrevocable right to reproduce, publish, Act, as appropriate.

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Signed at Washington, DC, this 23rd day of format, reporting burden (time and II. Review Focus May, 2005. financial resources) is minimized, The Department of Labor is Lisa Harvey, collection instruments are clearly particularly interested in comments Grant Officer. understood, and the impact of collection which: Appendix A: Project Document Format requirements on respondents can be • Evaluate whether the proposed properly assessed. Currently, the Executive Summary collection of information is necessary Employment and Training for the proper performance of the 1. Background and Justification Administration is soliciting comments functions of the agency, including 2. Target Groups concerning the proposed new collection 3. Program Approach and Strategy whether the information will have of data concerning the operation and practical utility; 3.1 Narrative of Approach and Strategy accuracy of state worker profiling (linked to Logical Framework matrix in • Evaluate the accuracy of the Annex A) models. A copy of the proposed agency’s estimate of the burden of the 3.2 Project Implementation Timeline information collection request (ICR) can proposed collection of information, (Gantt Chart of Activities linked to be obtained at no charge by contacting including the validity of the Logical Framework matrix in Annex A) the office listed below in the addressee methodology and assumptions used; 3.3 Budget (with cost of Activities linked section of this notice. • Enhance the quality, utility, and to Outputs for Budget Performance DATES: Written comments must be Integration in Annex B) clarity of the information to be 4. Project Monitoring and Evaluation submitted to the office listed in the collected; and 4.1 Indicators and Means of Verification addressee section below on or before • Minimize the burden of the 4.2 Baseline Data Collection Plan July 26, 2005. collection of information on those who 5. Institutional and Management Framework ADDRESSES: Scott Gibbons, Office of are to respond, including through the 5.1 Institutional Arrangements for Workforce Security, U.S. Department of use of appropriate automated, Implementation Labor, Room S–4231, 200 Constitution electronic, mechanical, or other 5.2 Collaborating and Implementing technological collection techniques or Institutions (Partners) and Avenue, NW., Washington, DC 20210. e- Responsibilities mail: [email protected]; phone: other forms of information technology, 5.3 Other Donor or International 202–693–3008; fax: 202–693–2874. e.g., permitting electronic submissions of responses. Organization Activity and Coordination FOR FURTHER INFORMATION CONTACT: 5.4 Project Management Organizational Scott Gibbons, e-mail: III. Current Actions Chart 6. Inputs [email protected]; phone: 202–693– This project has two primary 6.1 Inputs provided by USDOL 3008; fax: 202–693–2874. objectives. The first objective is to 6.2 Inputs provided by the Grantee SUPPLEMENTARY INFORMATION: collect information concerning the 6.3 National and/or Other Contributions I. Background characteristics of worker profiling 7. Sustainability models that states currently use. To Annex A: Full presentation of the Logical Worker Profiling and Reemployment Framework matrix accomplish this, a survey on the Annex B: Outputs Based Budget example Services (WPRS), as specified in Pub. L. operational and structural aspects of the (A worked example of a Logical Framework 103–152, is a system that attempts to worker profiling models will be sent to matrix, an Outputs Based Budget, and other identify UI claimants with a high states. The second objective is to background documentation for this potential for exhausting their regular evaluate the accuracy of predictions solicitation are available from ILAB’s Web benefit entitlement and directs them to from worker profiling models. To site at http://www.dol.gov/ilab/grants/ re-employment services to hasten their accomplish this, a methodology to bkgrd.htm). return to work. Under this program, the evaluate model performance has been [FR Doc. 05–10621 Filed 5–26–05; 8:45 am] worker profiling model is responsible developed. Data provided by states will BILLING CODE 4510–28–P for discriminating between those be used to measure and analyze the claimants who are likely to exhaust accuracy of state worker profiling their UI benefits and those who are not. models, and to identify, to the greatest DEPARTMENT OF LABOR In spite of the importance the model extent possible given the available data plays in this process, limited research and analysis results, factors correlated Employment and Training has been done to determine how with good or poor model performance. Administration effective states are at targeting those A report detailing the results of the most likely to exhaust their benefits. analysis and the collected survey Proposed Collection; Comment There are barriers to performing clear information will be produced. This Request research on this topic. The purpose of report will summarize the analysis into ACTION: Notice. this study is to improve state worker conclusions and/or suggestions (i.e., profiling models by: (1) Establishing an best practices) for how states can SUMMARY: The Department of Labor, as approach for evaluating the accuracy of improve systems that are under- part of its continuing effort to reduce worker profiling models, (2) applying performing. paperwork and respondent burden, this approach to current state models to Type of Review: New. conducts a pre-clearance consultation determine how effective they are at Agency: U.S. Department of Labor, program to provide the general public predicting Unemployment Insurance Employment and Training and Federal agencies with an (UI) benefit exhaustion, and (3) based on Administration. opportunity to comment on proposed the results, developing guidance on best Title: Evaluation of State Worker and/or continuing collections of practices in operating and maintaining Profiling Models. information in accordance with the worker profiling models. Ideally, we Affected Public: State Government Paperwork Reduction Act of 1995 would like to evaluate every state’s Workforce Agencies. (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This profiling model. In order to accomplish Cite/Reference/Form/etc.: See chart program helps to ensure that requested this goal, the proposed data collection below. data can be provided in the desired will be mandatory. Total Respondents: 53.

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Frequency: One-time survey and data collection.

Average time Cite/reference Total Frequency Total per response Burden respondents responses (hours) (hours)

Survey ...... 53 One-time request 53 2 106 Data request ...... 53 One-time request 53 30 1590

Totals ...... 106 ...... 1696

Total Burden Cost (capital/startup): be obtained directly from the ETA Web • Enhance the quality, utility, and Based on an hourly rate of $31.38 for Page: http://www.doleta.gov/ clarity of the information to be fiscal year 2005, estimated cost burden Performance/Guidance/ collected; and is $53,220.48. OMBControlNumber.cfm or by • Minimize the burden of the Total Burden Cost (operating/ contacting the office listed below in the collection of information on those who maintaining): There are no ongoing ADDRESSEE section of this notice. are to respond, including through the costs for this project. DATES: Written comments must be use of appropriate automated, Comments submitted in response to submitted to the office listed in the electronic, mechanical, or other this comment request will be ADDRESSEE section below on or before technological collection techniques or summarized and/or included in the July 26, 2005. other forms of information technology, request for Office of Management and ADDRESSEE: Bill Whitt, Room S–4522, e.g., permitting electronic submissions Budget approval of the information 200 Constitution Avenue, NW., of responses. collection request; they will also Washington, DC 20210; telephone become a matter of public record. III. Current Actions number: 202–693–3219 (this is not a It is important that approval of the Dated: May 23, 2005. toll-free number); internet address: ETA 581 report be extended because Emily Stover DeRocco, [email protected]; facsimile number: this report is the only vehicle for Assistant Secretary, Employment and 202–693–3229. Training Administration. collection of information required under SUPPLEMENTARY INFORMATION: the TPS program. If ETA 581 data were [FR Doc. E5–2692 Filed 5–26–05; 8:45 am] I. Background not collected, there would be no basis BILLING CODE 4510–30–P for determining the adequacy of funding The Office of Workforce Security for states’ UI tax operations, making (OWS) of the Employment and Training projections and forecasts in the DEPARTMENT OF LABOR Administration (ETA) has responsibility budgetary process, nor measuring for the Tax Performance System (TPS) program performance and effectiveness. Employment and Training which evaluates the employer-related or The ETA 581 accounts receivable data Administration tax functions of the UI program. The are necessary in the preparation of Contribution Operations report (Form ETA–581 Report on Contribution complete and accurate financial ETA 581) is a comprehensive report of Operations; Comment Request statements for the Unemployment Trust each state’s UI tax operations and is Fund (UTF) and the maintenance of a essential in providing quarterly tax ACTION: Notice. modified accrual system for UTF performance data to OWS. ETA 581 data SUMMARY: The Department of Labor accounting. are the basis for measuring the Type of Review: Extension without (DOL), as part of its continuing effort to performance and effectiveness of the reduce paperwork and respondent change. states’ UI tax operations. Using ETA 581 Agency: Employment and Training burden conducts a preclearance data, the TPS program measures consultation program to provide the Administration. performance, accuracy, and promptness Title: ETA 581, Report on general public and Federal agencies in employer registration (status with an opportunity to comment on Contribution Operations. determinations), report delinquency, OMB Number: 1205–0178. proposed and/or continuing collections collections (accounts receivable), and Agency Number: ETA 581. of information in accordance with the the audit function. Recordkeeping: Respondent is Paperwork Reduction Act of 1995 II. Review Focus expected to maintain data which (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This support the reported data for three program helps to ensure that requested The Department of Labor is years. data can be provided in the desired particularly interested in comments Affected Public: State Government. format, reporting burden (time and which: Cite/Reference/Form/etc: ETA 581. financial resources) is minimized, • Evaluate whether the proposed Total Respondents: 53. collection instruments are clearly collection of information is necessary Frequency: Quarterly. understood, and the impact of collection for the proper performance of the Total Responses: 212. requirements on respondents can be functions of the agency, including Average Time per Response: 8.5 properly assessed. Currently, the whether the information will have hours. Employment and Training practical utility; Estimated Total Burden Hours: 1,802. Administration is soliciting comments • Evaluate the accuracy of the Total Burden Cost (operating/ concerning the proposed extension of agency’s estimate of the burden of the maintaining): $-0-. approval of Form ETA 581, Contribution proposed collection of information, Comments submitted in response to Operations. A copy of the proposed including the validity of the this comment request will be information collection request (ICR) can methodology and assumptions used; summarized and/or included in the

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request for Office of Management and volume causes procedures to be IL20030012 (Jun. 13, 2003) Budget approval of the information impractical and contrary to the public IL20030013 (Jun. 13, 2003) collection request; they will also interest. IL20030014 (Jun. 13, 2003) become a matter of public record. General wage determination IL20030015 (Jun. 13, 2003) decisions, and modifications and IL20030016 (Jun. 13, 2003) Dated: May 9, 2005. IL20030042 (Jun. 13, 2003) supersedeas decisions thereto, contain Cheryl Atkinson, IL20030047 (Jun. 13, 2003) no expiration dates and are effective Administrator, Office of Workforce Security. IL20030049 (Jun. 13, 2003) from the date of notice in the Federal IL20030058 (Jun. 13, 2003) [FR Doc. E5–2691 Filed 5–26–05; 8:45 am] Register, or on the date written notice IL20030059 (Jun. 13, 2003) BILLING CODE 4510–30–P is received by the agency, whichever is earlier. These decisions are to be used Volume V: in accordance with the provisions of 29 Iowa DEPARTMENT OF LABOR CFR parts 1 and 5. Accordingly, the IA20030004 (Jun. 13, 2003) applicable decision, together with any IA20030005 (Jun. 13, 2003) Employment Standards IA20030006 (Jun. 13, 2003) Administration; Wage and Hour modifications issued, must be made a IA20030016 (Jun. 13, 2003) Division part of every contract for performance of IA20030037 (Jun. 13, 2003) the described work within the IA20030040 (Jun. 13, 2003) Minimum Wages for Federal and geographic area indicated as required by IA20030054 (Jun. 13, 2003) Federally Assisted Construction; an applicable Federal prevailing wage IA20030059 (Jun. 13, 2003) General Wage Determination Decisions law and 29 CFR part 5. The wage rates Kansas and fringe benefits, notice of which is KS20030006 (Jun. 13, 2003) General wage determination decisions published herein, and which are KS20030008 (Jun. 13, 2003) of the Secretary of Labor are issued in contained in the Government Printing KS20030010 (Jun. 13, 2003) accordance with applicable law and are Office (GPO) document entitled KS20030012 (Jun. 13, 2003) based on the information obtained by KS20030015 (Jun. 13, 2003) ‘‘General Wage Determinations Issued Oklahoma the Department of Labor from its study Under The Davis-Bacon and Related of local wage conditions and data made OK20030030 (Jun. 13, 2003) Acts,’’ shall be the minimum paid by OK20030034 (Jun. 13, 2003) available from other sources. They contractors and subcontractors to Texas specify the basic hourly wage rates and laborers and mechanics. TX20030125 (Jun. 13, 2003) fringe benefits which are determined to Any person, organization, or be prevailing for the described classes of governmental agency having an interest Volume VI: laborers and mechanics employed on in the rates determined as prevailing is Montana construction projects of a similar encouraged to submit wage rate and MT20030001 (Jun. 13, 2003) character and in the localities specified fringe benefit information for MT20030004 (Jun. 13, 2003) MT20030005 (Jun. 13, 2003) therein. consideration by the Department. The determinations in these decisions MT20030007 (Jun. 13, 2003) Further information and self- MT20030035 (Jun. 13, 2003) of prevailing rates and fringe benefits explanatory forms for the purpose of North Dakota have been made in accordance with 29 submitting this data may be obtained by ND20030007 (Jun. 13, 2003) CFR part 1, by authority of the Secretary writing to the U.S. Department of Labor, ND20030011 (Jun. 13, 2003) of Labor pursuant to the provisions of Employment Standards Administration, ND20030018 (Jun. 13, 2003) the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of ND20030019 (Jun. 13, 2003) as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution South Dakota 40 U.S.C. 276a) and of other Federal Avenue, NW., Room S–3014, SD20030002 (Jun. 13, 2003) SD20030007 (Jun. 13, 2003) statutes referred to in 29 CFR part 1, Washington, DC 20210. appendix, as well as such additional SD20030010 (Jun. 13, 2003) statutes as may from time to time be Modification to General Wage Volume VII: Determination Decisions enacted containing provisions for the Hawaii payment of wages determined to be The number of decisions listed to the HI20030001 (Jun. 13, 2003) prevailing by the Secretary of Labor in Government Printing Office document accordance with the Davis-Bacon Act. entitled ‘‘General Wage Determinations General Wage Determination The prevailing rates and fringe benefits Issued Under the Davis-Bacon and Publication determined in these decisions shall, in Related Acts’’ being modified are listed General wage determinations issued accordance with the provisions of the by Volume and State. Dates of under the Davis-Bacon and related Acts, foregoing statutes, constitute the publication in the Federal Register are including those noted above, may be minimum wages payable on Federal and in parentheses following the decision found in the Government Printing Office federally assisted construction projects being modified. (GPO) document entitled ‘‘General Wage Determinations Issued Under The Davis- to laborers and mechanics of the Volume I specified classes engaged on contract Bacon And Related Acts’’. This work of the character and in the None publication is available at each of the 50 localities described therein. Volume II Regional Government Depository Good cause is hereby found for not None Libraries and many of the 1,400 utilizing notice and public comment Government Depository Libraries across procedure thereon prior to the issuance Volume III the country. of these determinations as prescribed in None General wage determinations issued 5 U.S.C. 553 and not providing for delay Volume IV under the Davis-Bacon and related Acts in the effective date as prescribed in that Illinois are available electronically at no cost on section, because the necessity to issue IL20030001 (Jun. 13, 2003) the Government Printing Office site at current construction industry wage IL20030003 (Jun. 13, 2003) http://www.access.gpo.gov/davisbacon. determinations frequently and in large IL20030011 (Jun. 13, 2003) They are also available electronically by

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subscription to the Davis-Bacon Online Agenda NUCLEAR REGULATORY Service (http:// COMMISSION davisbacon.fedworld.gov) of the Capitol Visitor Center Update on National Technical Information Service Exhibitry/Construction; Association of Agency Information Collection (NTIS) of the U.S. Department of Centers for the Study of Congress; Activities: Submission for the Office of Commerce at 1–800–363–2068. This Institute on the Teaching of Congress Management and Budget (OMB) subscription offers value-added features and the Presidency; Web Harvest; Review; Comment Request such as electronic delivery of modified Fourth Advisory Committee on the AGENCY: U.S. Nuclear Regulatory wage decisions directly to the user’s Records of Congress Report; Activities Commission (NRC). desktop, the ability to access prior wage Report of the Center for Legislative decisions issued during the year, Archives; Other current issues and new ACTION: Notice of the OMB review of extensive Help desk Support, etc. business. information collection and solicitation of public comment. Hard-copy subscriptions may be The meeting is open to the public. purchased from: Superintendent of SUMMARY: Dated: May 23, 2005. The NRC has recently Documents, U.S. Government Printing submitted to OMB for review the Office, Washington, DC 20402, (202) Mary Ann Hadyka, following proposal for the collection of 512–1800. Committee Management Officer. information under the provisions of the When ordering hard-copy [FR Doc. 05–10628 Filed 5–26–05; 8:45 am] Paperwork Reduction Act of 1995 (44 subscription(s), be sure to specify the BILLING CODE 7515–01–P U.S.C. Chapter 35). The NRC hereby State(s) of interest, since subscriptions informs potential respondents that an may be ordered for any or all of the six agency may not conduct or sponsor, and separate volumes, arranged by State. that a person is not required to respond Subscriptions include an annual edition NATIONAL SCIENCE FOUNDATION to, a collection of information unless it (issued in January or February) which displays a currently valid OMB control includes all current general wage Proposal Review Panel for Materials number. determinations for the States covered by Research; Notice of Meeting 1. Type of submission, new, revision, each volume. Throughout the remainder or extension: Extension. of the year, regular weekly updates will In accordance with the Federal 2. The title of the information be distributed to subscribers. Advisory Committee Act (Pub. L. 92– collection: Design Information Signed at Washington, DC, this 19th day of 463 as amended), the National Science Questionnaire—IAEA—N–71 and May 2005. Foundation announces the following associated Forms N–72, N–73, N–74, N– John Frank, meeting: 75, N–91, N–92, N–93, N–94. 3. The form number if applicable: Acting Chief, Branch of Construction Wage Name: Proposal Review Panel for Materials IAEA Form N–71 and associated Forms Determinations. Research (DMR) #1203. [FR Doc. 05–10345 Filed 5–26–05; 8:45 am] Dates & Times: June 26, 2005; 7 p.m.–9 N–72, N–73, N–74, N–75, N–91, N–92, N–93, N–94. BILLING CODE 4510–27–M p.m. (Closed). June 27, 2005; 7:45 a.m.–9:30 p.m. (Open 8:15–12:15, 1:15–3:45). June 28, 4. How often the collection is 2005; 8 a.m.–4 p.m. (Closed). required: Approximately 1 time Place: Rensselaer Polytechnic Institute, annually. NATIONAL ARCHIVES AND RECORDS Troy, New York. 5. Who will be required or asked to ADMINISTRATION Type of Meeting: Part Open. report: Licensees of facilities on the U.S. Contact Person: Dr. David L. Nelson, eligible list who have been notified in Advisory Committee on the Records of Program Director, Solid State Chemistry writing by the Commission to submit Congress; Meeting Program, Division of Materials Research, the form. Room 1065, National Science Foundation, 6. An estimate of the number of AGENCY: National Archives and Records 4201 Wilson Boulevard, Arlington, VA annual responses: 1. Administration. 22230, Telephone (703) 292–4932. 7. The estimated number of annual ACTION: Notice of meeting. Agenda: June 26, 2005—Closed. June 27, respondents: 1. 2005—Open for Director’s overview of 8. An estimate of the total number of SUMMARY: In accordance with the Nanoscale Science and Engineering Center hours needed annually to complete the Federal Advisory Committee Act, the and presentations. June 28, 2005—Closed to requirement or request: 360 reporting National Archives and Records review and evaluate progress of Nanoscale hours (360 hours per response). Administration (NARA) announces a Science and Engineering Center. 9. An indication of whether Section meeting of the Advisory Committee on Reason for Closing: The work being 3507(d), Pub. L. 104–13 applies: N/A. the Records of Congress. The committee reviewed may include information of a 10. Abstract: Licensees of facilities advises NARA on the full range of proprietary or confidential nature, including that appear on the U.S. eligible list, programs, policies, and plans for the technical information; financial data, such as pursuant to the US/IAEA Safeguards Center for Legislative Archives in the salaries and personal information concerning Agreement, and who have been notified Office of Records Services. individuals associated with the proposals. in writing by the Commission, are DATES: June 13, 2005 from 10 a.m. to 11 These matters are exempt under 5 U.S.C. required to complete and submit a a.m. 552b(c), (4) and (6) of the Government in the Design Information Questionnaire, IAEA Sunshine Act. Form N–71 (and the appropriate ADDRESSES: The U.S. Capitol Building, associated IAEA Form) or Form N–91, to Room H–137, Washington, DC. Dated: May 24, 2005. provide information concerning their FOR FURTHER INFORMATION CONTACT: Susanne Bolton, installation for use of the International Richard H. Hunt, Director; Center for Committee Management Officer. Atomic Energy Agency. Legislative Archives; (202) 501–5350. [FR Doc. 05–10654 Filed 5–26–05; 8:45 am] A copy of the final supporting SUPPLEMENTARY INFORMATION: BILLING CODE 7555–01–M statement may be viewed free of charge

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at the NRC Public Document Room, One The petition is being treated pursuant Environmental Assessment White Flint North, 11555 Rockville to 10 CFR 2.206 of the Commission’s Identification of the Proposed Action Pike, Room O–1 F21, Rockville, MD regulations. The petition has been 20852. OMB clearance requests are referred to the Director of the Office of The proposed action would exempt available at the NRC worldwide Web Nuclear Reactor Regulation. As 10 CFR Part 50, Appendix R, Section site: http://www.nrc.gov/public-involve/ provided by Section 2.206, appropriate III.G.1.a as it applies to the PBNP, Unit 1 auxiliary and turbine buildings; and doc-comment/omb/index.html. The action will be taken on this petition the PBNP, Unit 2 auxiliary and turbine document will be available on the NRC within a reasonable time. Mr. Lochbaum buildings, and the control building. The home page site for 60 days after the declined to meet with or participate in signature date of this notice. exemption requested is from the a telephone conference with the Petition Comments and questions should be requirement that, ‘‘one train of systems directed to the OMB reviewer listed Review Board on this matter stating that necessary to achieve and maintain hot below by June 27, 2005. Comments all pertinent facts were contained shutdown from either the control room received after this date will be within his petition. Copies of the or emergency control station(s) is free of considered if it is practical to do so, but petition are available for inspection at fire damage,’’ as it applies to the PBNP, assurance of consideration cannot be the Commission’s Public Document Unit 1 auxiliary and turbine buildings; given to comments received after this Room, located at One White Flint North, the PBNP, Unit 2 auxiliary and turbine date. John Asalone, Office of Public File Area O–1F21, 11555 buildings, and the control building. Information and Regulatory Affairs Rockville Pike (first floor), Rockville, Specifically, NMC has asked for a repair (3150–0056), NEOB–10202, Office of Maryland. Publicly available records consisting of powering a dedicated air Management and Budget, Washington, will be accessible from the Agencywide compressor from one of two pre- DC 20503. Documents Access and Management planned 480 volt power sources using Comments can also be e-mailed to System (ADAMS) Public Electronic pre-staged power cords and connecting _ _ John A. [email protected] or Reading Room on the Internet at the the air compressor to nitrogen bottle submitted by telephone at (202) 395– NRC Web site, http://www.nrc.gov/ manifolds on one or both reactor units 3087. reading-rm/adams.html (Accession No. using pre-staged pneumatic hose with The NRC Clearance Officer is Brenda ML051100297). Persons who do not quick connect fittings. The repair would Jo. Shelton, 301–415–7233. be required no earlier than 8 hours into have access to ADAMS, should contact an event in which instrument air is Dated at Rockville, Maryland, this 23rd day the NRC PDR Reference staff by of May, 2005. disabled. telephone at 1–800–397–4209 or 301– The proposed action is in accordance For the Nuclear Regulatory Commission. 415–4737, or by e-mail to [email protected]. Brenda Jo. Shelton, with the licensee’s application dated March 5, 2004, as supplemented by NRC Clearance Officer, Office of the Chief For the Nuclear Regulatory Commission. Information Officer. Dated at Rockville, Maryland this 20th day letter dated November 8, 2004. [FR Doc. E5–2689 Filed 5–26–05; 8:45 am] of May 2005. The Need for the Proposed Action BILLING CODE 7590–01–P J. E. Dyer, Appendix R, Section Ill.G.1.a of 10 Director, Office of Nuclear Reactor CFR Part 50 requires that, ‘‘one train of Regulation. systems necessary to achieve and NUCLEAR REGULATORY [FR Doc. E5–2687 Filed 5–26–05; 8:45 am] maintain hot shutdown conditions from COMMISSION BILLING CODE 7590–01–P either the control room or emergency [Docket Nos. 50–334 AND 50–412 and control station(s) is free of fire damage.’’ License Nos. DPR–66 and NPF–73] Appendix R, Section Ill.L.1 of 10 CFR NUCLEAR REGULATORY Part 50 requires that an alternative or FirstEnergy Nuclear Operating COMMISSION dedicated shutdown capability shall be Company (FENOC) Receipt of Request able to, among other things, ‘‘(c) achieve for Action Under 10 CFR 2.2206 [Docket Nos. 50–266 and 50–301] and maintain hot standby conditions for Notice is hereby given that by petition a pressurized water reactor (PWR)’’; and dated April 12, 2005, Mr. David Nuclear Management Company, LLC; ‘‘(d) achieve cold shutdown conditions Lochbaum of the Union of Concerned Point Beach Nuclear Plant, Units 1 and within 72 hours.’’ NRC Inspection Scientists requested that the Nuclear 2; Environmental Assessment and Report 50–266/2003–007; 50–301/2003– Regulatory Commission (NRC) take Finding of No Significant Impact 007, dated February 4, 2004, documents action with regard to Beaver Valley a Non-Cited Violation of Appendix R, Power Station, Unit Nos. 1 and 2. The The U.S. Nuclear Regulatory Section III.L.1.c, in that NMC, ‘‘failed to petitioner requests that the NRC take Commission (NRC) is considering ensure, without the need for ’hot enforcement action against FENOC and issuance of an exemption from Title 10 standby repairs,’ adequate control air to impose a civil penalty of at least of the Code of Federal Regulations (10 the speed controllers for the charging $55,000. CFR) Part 50, Appendix R, Section pumps during a postulated fire As the basis for this request, the IlI.G.1.a for Facility Operating License requiring an alternative shutdown petitioner states that the licensee’s Nos. DPR–24 and DPR–27, issued to method.’’ The installed backup nitrogen February 9, 2005, license renewal gas bottle bank (for the charging pump Nuclear Management Company, LLC submittal was not complete and speed controllers) meets the (NMC), the licensee, for operation of the accurate in all material respects and that requirements of the regulation, with the this is a violation of 10 CFR 50.9, Point Beach Nuclear Plant (PBNP), exception that it is of limited capacity. paragraph (a) which requires in part, Units 1 and 2, located in Manitowoc This means that the hot shutdown that information provided to the County, Wisconsin. Therefore, as conditions could not be maintained Commission by a licensee shall be required by 10 CFR 51.21, the NRC is indefinitely while relying only on the complete and accurate in all material issuing this environmental assessment installed bottle bank. However, the 8 to respects. and finding of no significant impact. 14 hour capacity of the bottle banks is

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ample time to extinguish the fire, application would result in no change NUCLEAR REGULATORY achieve stable plant conditions in hot in current environmental impacts. The COMMISSION shutdown, augment staff with personnel environmental impacts of the proposed from the emergency response action and the alternative action are [Docket No. PAPO–00; ASLBP No. 04–829– 01–PAPO] organization, and connect dedicated similar. power cabling and hoses to the Alternative Use of Resources Atomic Safety and Licensing Board; In dedicated compressor using the the Matter of U.S. Department of furnished plugs and quick connect The action does not involve the use of Energy (High Level Waste Repository: fittings (i.e., no tools required). any different resources than those Pre-Application Matters) Because the bottle banks, hoses, previously considered in the Final cables, and compressor are all located in May 23, 2005. areas that would not be affected by the Environmental Statement for the Point Beach Nuclear Plant, Units 1 and 2. Before Administrative Judges: Thomas fires of concern, none would be S. Moore, Chairman, Alex S. Karlin damaged. Thus, the proposed Agencies and Persons Consulted Alan S. Rosenthal. exemption is fully consistent with the intent of the applicable sections of 10 In accordance with its stated policy, Order CFR Part 50, Appendix R, and literal on April 4, 2005, the NRC staff The Pre-License Application compliance is not necessary to achieve consulted with the Wisconsin State Presiding Officer (PAPO) Board held its the underlying purpose of the rules. official, Jeffery Kitsembel of the Public second case management conference in Environmental Impacts of the Proposed Service Commission of Wisconsin, this proceeding on May 18, 2005. The Action regarding the environmental impact of Department of Energy (DOE), the NRC the proposed action. The State official Staff, the State of Nevada (State), the The NRC has completed its safety had no comments. Nuclear Energy Institute (NEI), and the evaluation of the proposed action and Nuclear Information and Research concludes that pursuant to 10 CFR Finding of No Significant Impact Service (NIRS) attended the conference. 50.12(a)(2)(ii), the level of fire safety During this meeting the Board heard provided is equivalent to the technical On the basis of the environmental discussion on a written request, filed by requirements of 10 CFR Part 50 assessment, the NRC concludes that the DOE on May 12, 2005, that the Board Appendix R, Section IlI.G.1.a. As such, proposed action will not have a establish uniform requirements for the the requested exemption does not pose significant effect on the quality of the retention of e-mails and other an undue risk to the health and safety human environment. Accordingly, the documents that constitute or may of the public. NRC has determined not to prepare an The details of the NRC staff’s safety environmental impact statement for the constitute documentary material as evaluation will be provided in the proposed action. defined in 10 CFR 2.1001. DOE exemption that will be issued as part of suggested that document retention For further details with respect to the requirements should be part of the the letter to the licensee approving the proposed action, see the licensee’s letter exemption to the regulation. procedures required under 10 CFR dated March 5, 2004, as supplemented 2.1009, and that participation as a party The proposed action will not by letter dated November 8, 2004. significantly increase the probability or in this proceeding requires substantial Documents may be examined, and/or compliance with such procedures under consequences of accidents. No changes copied for a fee, at the NRC’s Public are being made in the types of effluents 10 CFR 2.1012(b). DOE, the NRC Staff, Document Room (PDR), located at One the State, and NIRS participated in the that may be released off site. There is no White Flint North, 11555 Rockville Pike significant increase in the amount of discussion of this proposal. (first floor), Rockville, Maryland. Upon consideration of this matter, any effluent released off site. There is no Publicly available records will be significant increase in occupational or and hearing no objection from any of the accessible electronically from the public radiation exposure. Therefore, participants during the May 18, 2005 Agencywide Documents Access and there are no significant radiological conference, the Board agreed that the Management System (ADAMS) Public environmental impacts associated with matter warranted further consideration Electronic Reading Room on the Internet the proposed action. and attention. The Board is concerned With regard to potential non- at the NRC Web site, http:// that, absent a uniform procedure radiological impacts, the proposed www.nrc.gov/reading-rm/adams.html. prescribed by a case management order, action does not have a potential to affect Persons who do not have access to some of the current participants, as well any historic sites. It does not affect non- ADAMS or who encounter problems in as other potential parties, might not radiological plant effluents and has no accessing the documents located in have timely instituted documentary other environmental impact. Therefore, ADAMS should contact the NRC PDR material retention policies or been there are no significant non-radiological Reference staff by telephone at 1–800– aware of the need to adopt and follow environmental impacts associated with 397–4209 or 301–415–4737, or send an retention policies for such material. The the proposed action. e-mail to [email protected]. development and specification at this time of reasonable uniform Accordingly, the NRC concludes that Dated at Rockville, Maryland, this 23rd day there are no significant environmental of May, 2005. documentary material retention procedures should enable all current impacts associated with the proposed For the Nuclear Regulatory Commission. action. participants and potential parties to Harold K. Chernoff, avoid unnecessary burdens and Environmental Impacts of the Project Manager, Section 1, Project expense. Alternatives to the Proposed Action Directorate III, Division of Licensing Project Accordingly, the Board orders the As an alternative to the proposed Management, Office of Nuclear Reactor participants attending the second case action, the NRC staff considered denial Regulation. management conference to meet and to of the proposed action (i.e., the ‘‘no- [FR Doc. E5–2688 Filed 5–26–05; 8:45 am] confer for the purpose of developing a action’’ alternative). Denial of the BILLING CODE 7590–01–P joint proposed minimum acceptable

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standard of documentary material OFFICE OF MANAGEMENT AND at the February 28, 2005 public meeting retention for this proceeding. The joint BUDGET of the AAP (see http://www.acqnet.gov/ proposal shall be submitted to the Board aap for a list of working groups), will by July 1, 2005. In the event the Acquisition Advisory Panel; report on the scope of their review participants cannot agree on a joint Notification of Upcoming Meetings of during this meeting, which may include proposal, then DOE, the NRC Staff, and the Acquisition Advisory Panel any follow-up recommendations for the State each shall submit by that date additional working groups or other AGENCY: Office of Management and their respective, individual proposals. issues to be examined. The Panel also Budget, Executive Office of the All other potential parties are expects to hear from additional invited President. encouraged to participate in the meeting speakers from the public and private with DOE, the State, and the NRC Staff ACTION: Notice of Federal Advisory sectors who will address issues related and to contribute to the discussion and Committee meetings. to the Panel’s statutory charter. In proposed resolution of these issues. If addition to working group scope reports SUMMARY: The Office of Management and invited speakers, the Panel also agreement is not possible, NEI, NIRS, or and Budget announces a meeting of the any other participating potential party invites oral public comments at this Acquisition Advisory Panel (AAP or meeting and has reserved an estimated may submit an independent proposal to ‘‘Panel’’) established in accordance with the Board by July 1, 2005. Any potential one hour for this purpose. Members of the Services Acquisition Reform Act of the public wishing to address the Panel party may submit comments on the 2003. proposals of any other potential party by during the meeting must contact Ms. July 8, 2005. DATES: A public meeting of the Panel Anne Terry, in writing, as soon as At the second case management will be held on June 14, 2005 beginning possible to reserve time (see contact conference, counsel for DOE offered to at 9 a.m. eastern time and ending no information above). Additional time for host the meeting of the participants and later than 5 p.m. oral public comments is expected at potential participants. All of the ADDRESSES: The June 14, 2005 meeting future public meetings to be announced participants agreed that the meeting will be held at the Federal Deposit in the Federal Register. should be held on Wednesday, June 15, Insurance Corporation (FDIC), Basement (b) Availability of Materials for the 2005 at 10 a.m., EDT, in the main Auditorium, 801 17th Street, NW., Meetings: Please see the Acquisition conference room of the law firm of Washington, DC 20434. The public is Advisory Panel Web site for any Hunton & Williams (counsel for DOE), asked to pre-register one week in available materials, including draft 1900 K Street, NW., 12th floor, advance for the meeting due to security agendas, for this meeting (http:// Washington, DC. Any person desiring to and seating limitations (see below for www.acqnet.gov/aap). Questions/issues participate in the meeting and information on pre-registration). of particular interest to the Panel are discussion of this issue should provide FOR FURTHER INFORMATION CONTACT: also available to the public on this Web telephone or e-mail notice, not later Members of the public wishing further site. The Panel asks that the public than 5 p.m. EDT, June 8, 2005, to information concerning this meeting, focus on these questions/issues when counsel for DOE via Ms. Belinda Wright, the Acquisition Advisory Panel, or to presenting oral public comments or telephone 804–788–8581, e-mail pre-register for the meeting, should submitting written statements to the [email protected]. Such notice shall contact Ms. Laura Auletta, Designated Panel. The public may also obtain copies of Initial Working Group Reports contain the following information: (a) Federal Officer (DFO), at: presented at the March 30, 2005 public Name of person desiring to attend; (b) [email protected], phone/voice mail meeting and public presentations made organizational affiliation, if any; (c) (202) 208–7279, or mail at: General to the Panel at its Web site under daytime phone number; (d) e-mail Services Administration, 1800 F Street, ‘‘Meeting Materials’’ at http:// address; (e) mailing address; and (f) NW., Room 4006, Washington, DC statement as to whether the person www.acqnet.gov/aap. 20405. Members of the public wishing (c) Procedures for Providing Public intends to participate in person, or to reserve speaking time must contact Comments: It is the policy of the desires to participate remotely in the Ms. Anne Terry, AAP Staff Analyst, in Acquisition Advisory Panel to accept event that electronic facilities can be writing at: [email protected], by FAX written public statements of any length, made available. at 202–501–3341, or mail at the address and to accommodate oral public DOE, the State, NRC Staff, NEI, and given above for the DFO, no later than NIRS are strongly encouraged, through comments whenever possible. To one week prior to the meeting. facilitate Panel discussions at its appropriate notices on their respective SUPPLEMENTARY INFORMATION: meetings, the Panel may not accept oral web sites, and other reasonable (a) Background: The purpose of the comments at all meetings. The Panel methods, to inform the public, their Panel is to provide independent advice Staff expects that public statements stakeholders, and any other interested and recommendations to the Office of presented at Panel meetings will be persons or entities of the proposal to Federal Procurement Policy and focused on the Panel’s statutory charter, develop uniform procedures, applicable Congress pursuant to Section 1423 of working group topics, and posted to all potential parties, concerning the the Services Acquisition Reform Act of questions/issues, and not be repetitive retention of e-mails and other 2003. The Panel’s statutory charter is to of previously submitted oral or written documents. review Federal contracting laws, statements, and that comments will be It is so Ordered. regulations, and governmentwide relevant to the issues under discussion. Dated in Rockville, Maryland, on May 23, policies, including the use of Oral Comments: Speaking times will 2005. commercial practices, performance- be confirmed by Panel staff on a ‘‘first- For the Pre-license Application Presiding based contracting, performance of come/first-serve’’ basis. To Officer Board. acquisition functions across agency accommodate as many speakers as Thomas S. Moore, lines of responsibility, and possible, oral public comments must be Chairman, Administrative Judge. governmentwide contracts. Interested no longer than 10 minutes for the June [FR Doc. E5–2690 Filed 5–26–05; 8:45 am] parties are invited to attend the meeting. 14th meeting. Because Panel members BILLING CODE 7590–01–P The Panel working groups, established may ask questions, reserved times will

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be approximate. Interested parties must submitted to OMB within 60 days from impediment either to the current contact Ms. Anne Terry, in writing (via the date of this notice. marriage between the employee and his mail, e-mail, or fax identified above for Comments are Invited On: (a) or her spouse or to the marriage which Ms. Terry) at least one week prior to the Whether the proposed information previously existed between the meeting in order to be placed on the collection is necessary for the proper employee and his or her former spouse. public speaker list for the meeting. Oral performance of the functions of the The requirements relating to obtaining requests for speaking time will not be agency, including whether the evidence for determining valid marital taken. Speakers are requested to bring information has practical utility; (b) the extra copies of their comments and accuracy of the RRB’s estimate of the relationships are prescribed in 20 CFR presentation slides for distribution to burden of the collection of the 219.30 through 219.35. the Panel at the meeting. Speakers information; (c) ways to enhance the Section 2(e) of the RRA requires that wishing to use a Power Point quality, utility, and clarity of the an employee must relinquish all rights presentation must e-mail the information to be collected; and (d) to any railroad employer service before presentation to Ms. Terry one week in ways to minimize the burden related to a spouse annuity can be paid. advance of the meeting. the collection of information on respondents, including the use of The RRB uses Form G–346 to obtain Written Statements: Although written the information needed for determining statements are accepted until the date of automated collection techniques or other forms of information technology. if any of the employee’s previous the meeting (unless otherwise stated), marriages create an impediment to the written statements should be received 1. Title and Purpose of Information current marriage. Form G–346 is by the Panel Staff at least one week Collection completed by the retired employee who prior to the meeting date so that they Application for Benefits Due but is the husband or wife of the applicant may be made available to the Panel for Unpaid at Death; OMB 3220–0055. their consideration prior to the meeting. for a spouse annuity. Completion is Under section 2(g) of the Railroad Written statements should be supplied required to obtain a benefit. One Unemployment Insurance Act (RUIA), to the DFO at the address/contact response is requested of each benefits under that Act that accrued but information given in this Federal respondent. were not paid because of the death of an Register Notice in one of the following The RRB proposes to change the employee shall be paid to the same formats (Adobe Acrobat, WordPerfect, individual(s) to whom benefits are function of Form G–346 by requiring Word, or Rich Text files, in IBM–PC/ payable under section 6(a)(1) of the that it be completed in all cases where Windows 98/2000/XP format). Please Railroad Retirement Act. The provisions the employee and spouse do not file note: Since the Panel operates under the relating to the payment of such benefits simultaneously. Currently, Form G–346 provisions of the Federal Advisory are prescribed in 20 CFR 325.5 and 20 is only completed when the spouse filed Committee Act, as amended, all public CFR 335.5. for an annuity more than 1 year after the presentations or written statements will The RRB provides Form UI–63 for use employee filed. The RRB also proposes be treated as public documents and will in applying for the accrued sickness or to make minor editorial and formatting be made available for public inspection, unemployment benefits unpaid at the changes to Form G–346. The RRB up to and including being posted on the death of the employee and for securing estimates that 7,610 G–346’s will be Panel’s Web site. the information needed by the RRB to completed annually at an estimated (d) Meeting Accommodations: identify the proper payee. Completion is completion time of five minutes per Individuals requiring special required to obtain a benefit. One response. Total respondent burden is accommodation to access the public response is requested of each estimated at 634 hours. meetings listed above should contact respondent. Ms. Auletta at least five business days The RRB proposes minor editorial and Additional Information or Comments: prior to the meeting so that appropriate formatting changes to the UI–63. A To request more information regarding arrangements can be made. column has been added to request the any of the information collections listed above or to obtain copies of the Laura Auletta, telephone number of the payer of burial expenses and a check box has been information collection justifications, Designated Federal Officer (Executive forms, and/or supporting material, Director), Acquisition Advisory Panel. added to remind survivors of the please call the RRB Clearance Officer at [FR Doc. 05–10707 Filed 5–25–05; 9:56 am] deceased employee that proof of relationship is needed to determine the (312) 751–3363 or send an e-mail BILLING CODE 3110–01–P person(s) entitled to unpaid benefits due request to [email protected]. at the time of death. The completion Comments regarding the information time for the UI–63 is estimated at 7 collections should be addressed to RAILROAD RETIREMENT BOARD minutes. The RRB estimates that Ronald J. Hodapp, Railroad Retirement approximately 200 responses are Board, 844 North Rush Street, Chicago, Proposed Collections; Comment received annually. Illinois 60611–2092 or send an e-mail to Request 2. Title and Purpose of Information [email protected]. Written Collection comments should be received within 60 Summary: In accordance with the days of this notice. requirement of section 3506 (c)(2)(A) of Employee’s Certification; OMB 3220– the Paperwork Reduction Act of 1995 0140. Section 2 of the Railroad Charles Mierzwa, which provides opportunity for public Retirement Act (RRA), provides for the Clearance Officer. comment on new or revised data payment of an annuity to the spouse or [FR Doc. 05–10631 Filed 5–26–05; 8:45 am] collections, the Railroad Retirement divorced spouse of a retired railroad BILLING CODE 7905–01–P Board (RRB) publishes periodic employee. For the spouse or divorced summaries of proposed data collections. spouse to qualify for an annuity, the The information collections numbered RRB must determine if any of the below are pending at RRB and will be employee’s previous marriages create an

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SECURITIES AND EXCHANGE Applicant’s Representations Offers’ in-kind payments will minimize COMMISSION 1. The Fund, a Maryland corporation, market disruption, while allowing the is registered under the Act as a closed- Fund to avoid a cascade of distributions, [Investment Company Act Release No. end management investment company. required to preserve its tax status, that 26876; 812–13111] The Fund’s investment objective is to would reduce the size of the Fund drastically. Applicant requests relief to The Korea Fund; Notice of Application provide long-term capital appreciation through investment primarily in equity permit any shareholder of the Fund who May 23, 2005. securities of Korean companies. is an ‘‘affiliated person’’ of the Fund solely by reason of owning, controlling, AGENCY: Securities and Exchange Applicant states that under normal or holding with the power to vote, 5% Commission (‘‘Commission’’). circumstances it invests at least 80% of or more of the Fund’s shares (‘‘Affiliated APPLICANT: The Korea Fund, Inc. (the its net assets in securities listed on the 1 Shareholder’’) to participate in the ‘‘Fund’’). Korea Stock Exchange. Shares of the Fund are listed and trade on the New proposed In-Kind Repurchase Offers. ACTIONS: Notice of application for an York Stock Exchange and the Osaka Applicant’s Legal Analysis order under sections 6(c) and 17(b) of Stock Exchange. Deutsche Investment 1. Section 17(a) of the Act prohibits the Investment Company Act of 1940 Management Americas Inc. (the an affiliated person of a registered (the ‘‘Act’’) for an exemption from ‘‘Investment Manager’’) is registered investment company, or any affiliated section 17(a) of the Act. under the Investment Advisers Act of person of the person, acting as SUMMARY OF APPLICATION: Applicant 1940 and serves as the investment principal, from knowingly purchasing seeks an order that would permit in- manager to the Fund. kind repurchases of shares of the Fund 2. The Fund proposes to repurchase or selling any security or other property held by certain affiliated shareholders of up to 50% of its outstanding shares at from or to the company. Section 2(a)(3) the Fund. 98% of net asset value (‘‘NAV’’) on an of the Act defines an ‘‘affiliated person’’ of another person to include any person FILING DATES: The application was filed in-kind basis with a pro rata distribution of the Fund’s portfolio securities (with who directly or indirectly owns, on July 21, 2004, and amended on May controls, or holds with power to vote exceptions generally for odd lots, 20, 2005. 5% or more of the outstanding voting fractional shares, and cash items) (the HEARING OR NOTIFICATION OF HEARING: An securities of the other person. Applicant ‘‘Initial Repurchase Offer’’). The Fund order granting the requested relief will states that to the extent that the In-Kind also proposes to conduct six subsequent be issued unless the Commission orders Repurchase Offers would constitute the semi-annual repurchase offers, also on a hearing. Interested persons may purchase or sale of securities by an an in-kind basis, each for 10% of the request a hearing by writing to the Affiliated Shareholder, the transactions Fund’s then outstanding shares at 98% Commission’s Secretary and serving would be prohibited by section 17(a). of NAV (‘‘Subsequent Repurchase applicants with a copy of the request, Accordingly, applicant requests an Offers’’ together with the Initial personally or by mail. Hearing requests exemption from section 17(a) of the Act should be received by the Commission Repurchase Offer, the ‘‘In-Kind 2 to the extent necessary to permit the by 5:30 p.m. on June 17, 2005, and Repurchase Offers’’). The In-Kind participation of Affiliated Shareholders should be accompanied by proof of Repurchase Offers will be made in the In-Kind Repurchase Offers. service on applicants, in the form of an pursuant to section 23(c)(2) of the Act 2. Section 17(b) of the Act authorizes affidavit or, for lawyers, a certificate of and conducted in accordance with rule the Commission to exempt any service. Hearing requests should state 13e–4 under the Securities Exchange transaction from the provisions of the nature of the writer’s interest, the Act of 1934. section 17(a) if the terms of the reason for the request, and the issues 3. Applicant states that the In-Kind transaction, including the consideration contested. Persons who wish to be Repurchase Offers are designed to to be paid or received, are reasonable notified of a hearing may request accommodate the needs of shareholders and fair and do not involve notification by writing to the who wish to participate in the In-Kind overreaching on the part of any person Commission’s Secretary. Repurchase Offers and long-term concerned, and the transaction is shareholders who would prefer to ADDRESSES: Secretary, Securities and consistent with the policy of each remain invested in a closed-end registered investment company and Exchange Commission, 450 Fifth Street, investment vehicle. Under the In-Kind NW., Washington, DC, 20549–0609. with the general purposes of the Act. Repurchase Offers, only participating Section 6(c) of the Act provides that the Applicant, Bruce Rosenblum, Esq., c/o shareholders will pay taxes on the gain Deutsche Investment Management Commission may exempt any person, on appreciated securities distributed in security, or transaction or any class or Americas, Inc., 345 Park Avenue, New the In-Kind Repurchase Offers. Non- York, NY 10154. classes of persons, securities, or participating shareholders would avoid transactions, from any provision of the FOR FURTHER INFORMATION CONTACT: Julia the imposition of a significant tax Act or rule thereunder, if and to the Kim Gilmer, Senior Counsel, at (202) liability, which would occur if the Fund extent that such exemption is necessary 551–6871, or Janet M. Grossnickle, sold the appreciated securities to make or appropriate in the public interest and Branch Chief, at (202) 551–6821 payments in cash. Applicant further consistent with the protection of (Division of Investment Management, states that the In-Kind Repurchase investors and the purposes fairly Office of Investment Company intended by the policy and provisions of Regulation). 1 Applicant states that as of April 13, 2005, the Act. approximately 97% of its assets were invested in SUPPLEMENTARY INFORMATION: The equity stocks of Korean issuers, 92% of which were 3. Applicant asserts that the terms of following is a summary of the listed on the Korea Stock Exchange. the In-Kind Repurchase Offers meet the application. The complete application 2 Each Subsequent Repurchase Offer would be requirements of sections 17(b) and 6(c) may be obtained for a fee at the conducted only if the Fund’s shares trade on the of the Act. Applicant asserts that neither New York Stock Exchange at an average weekly Commission’s Public Reference Desk, discount from NAV greater than 5% during a 13- the Fund nor an Affiliated Shareholder 450 Fifth Street, NW., Washington, DC, week measuring period ending the last day of the has any choice as to the portfolio 20549–0102 (tel. 202–551–5850). preceding half-year. securities to be received as proceeds

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from the In-Kind Repurchase Offers. (including accounts payable). In DEPARTMENT OF STATE Instead, shareholders will receive their addition, applicant will distribute cash [Public Notice 5091] pro rata portion of each of the Fund’s in lieu of fractional shares and accruals portfolio securities, excluding (a) on such securities. Applicant may 30-Day Notice of Proposed Information securities which, if distributed, would round down the proportionate Collection: Form DS–3057, Medical have to be registered under the distribution of each portfolio security to Clearance Update, OMB 1405–0131 Securities Act of 1933 (‘‘Securities the nearest round lot amount and will Act’’), and (b) securities issued by distribute the remaining odd lot in cash. ACTION: Notice of request for public entities in countries which restrict or Applicant may also distribute a higher comments. prohibit the holding of securities by pro rata percentage of other portfolio non-residents other than through SUMMARY: The Department of State has securities to represent such items. qualified investment vehicles, or whose submitted the following information distributions would otherwise be 2. The securities distributed to collection request to the Office of contrary to applicable local laws, rules shareholders pursuant to the In-Kind Management and Budget (OMB) for or regulations, and (c) certain portfolio Repurchase Offers will be limited to approval in accordance with the assets that involve the assumption of securities that are traded on a public Paperwork Reduction Act of 1995. contractual obligations, require special securities market or for which quoted Title of Information Collection: trading facilities, or may only be traded bid and asked prices are available. Medical Clearance Update. OMB Control Number: 1405–0131. with the counterparty to the transaction. 3. The securities distributed to Moreover, applicant states that the Type of Request: Extension of shareholders pursuant to the In-Kind portfolio securities to be distributed in Currently Approved Collection. Repurchase Offers will be valued in the the In-Kind Repurchase Offer will be Originating Office: Office of Medical valued according to an objective, same manner as they would be valued Services, M/MED/EX. verifiable standard, and the In-Kind for purposes of computing applicant’s Form Number: DS–3057. Repurchase Offers are consistent with net asset value, which, in the case of Respondents: Foreign Service the investment policies of the Fund. securities traded on a public securities Officers, Federal Government Applicant also believes that the In-Kind market for which quotations are Employees and family members. Repurchase Offers are consistent with available, is their last reported sales Estimated Number of Respondents: the general purposes of the Act because price on the exchange on which the 9,800. the interests of all shareholders are securities are primarily traded or at the Estimated Number of Responses: equally protected and no Affiliated last sales price on a public securities 9,800. Shareholder would receive an advantage market, or, if the securities are not listed Average Hours Per Response: 30 or special benefit not available to any on an exchange or a public securities minutes. other shareholder participating in the market or if there is no such reported Total Estimated Burden: 4,900. In-Kind Repurchase Offers. price, the average of the most recent bid Frequency: On occasion. Obligation to Respond: Required to Applicant’s Conditions and asked price (or, if no such asked price is available, the last quoted bid Obtain or Retain a Benefit. Applicant agrees that any order price). DATES: Submit comments to the Office granting the requested relief will be 4. Applicant will maintain and of Management and Budget (OMB) for subject to the following conditions: up to 30 days from June 27, 2005. 1. Applicant will distribute to preserve for a period of not less than six shareholders participating in the In- years from the end of the fiscal year in ADDRESSES: Direct comments and Kind Repurchase Offers an in-kind pro which any In-Kind Repurchase Offer questions to Katherine Astrich, the rata distribution of portfolio securities occurs, the first two years in an easily Department of State Desk Officer in the of applicant. The pro rata distribution accessible place, a written record of Office of Information and Regulatory Affairs at the Office of Management and will not include: (a) Securities that, if such In-Kind Repurchase Offer that Budget (OMB), who may be reached at distributed, would be required to be includes the identity of each 202–395–4718. You may submit registered under the Securities Act; (b) shareholder of record that participated securities issued by entities in countries comments by any of the following in such In-Kind Repurchase Offer, methods: that restrict or prohibit the holdings of whether that shareholder was an securities by non-residents other than E-mail: Affiliated Shareholder, a description of through qualified investment vehicles, [email protected]. each security distributed, the terms of or whose distribution would otherwise You must include the DS form number, be contrary to applicable local laws, the distribution, and the information or information collection title, and OMB rules or regulations; and (c) certain materials upon which the valuation was control number in the subject line of portfolio assets, such as derivative made. your message. instruments or repurchase agreements, For the Commission, by the Division of Mail (paper, disk, or CD-ROM that involve the assumption of Investment Management, under delegated submissions): Office of Foreign contractual obligations, require special authority. Missions, U.S. Department of State, trading facilities, or can only be traded Jill M. Peterson, 2201 C Street, NW., Washington, DC 20520. with the counterparty to the transaction. Assistant Secretary. Cash will be paid for that portion of Fax: 202–395–6974. [FR Doc. E5–2686 Filed 5–26–05; 8:45 am] applicant’s assets represented by cash FOR FURTHER INFORMATION CONTACT: and cash equivalents (such as BILLING CODE 8010–01–P Direct requests for additional certificates of deposit, commercial paper information regarding the collection and repurchase agreements) and other listed in this notice, including requests assets which are not readily for copies of the proposed information distributable (including receivables and collection and supporting documents, to prepaid expenses), net of all liabilities Susan Willig, Department of State,

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Office of Medical Services, SA–1 Room during the months of July and August. ACTION: Notice of request to release L101, 2401 E St., NW., Washington, DC During the remainder of the year, both airport property. 20052–0101, telephone 202–663–1754, the Authority and Airport will use the or [email protected]. lot for overflow parking. The property SUMMARY: The FAA proposes to rule and invite public comment on the release of SUPPLEMENTARY INFORMATION: We are was acquired under the Surplus land at City-County Airport under the soliciting public comments to permit Property Act and Airport Development provisions of Section 125 of the the Department to: Aid Projects 6–25–0025–07 and 6–25– Wendell H. Ford Aviation Investment Evaluate whether the proposed 0025–10. These lease term is for five Reform Act for the 21st Century (AIR information collection is necessary for years with three additional five-year 21), now 49 U.S.C. 47107(h)(2). the proper performance of our terms. Should the land be required for functions. airport purposes, the lease can be DATES: Comments must be received on Evaluate the accuracy of our estimate terminated at any time upon six month or before June 27, 2005. of the burden of the proposed written notice to the Authority. ADDRESSES: Comments on this collection, including the validity of the The disposition of proceeds from the application may be mailed or delivered methodology and assumptions used. disposal of airport property will be in to the FAA at the following address: Mr. Enhance the quality, utility, and accordance with FAA’s Policy and J. Wade Bryant, Manager, Federal clarity of the information to be Procedures Concerning the Use of Aviation Administration, Northwest collected. Airport Revenue, published in the Mountain Region, Airports Division, Minimize the reporting burden on Federal Register on February 16, 1999. Seattle Airports District Office, 1601 those who are to respond, including the Lind Avenue, SW., Suite 250, Renton, use of automated collection techniques DATES: Comments must be received on Washington 98055–4056. or other forms of technology. or before June 27, 2005. In addition, one copy of any Abstract of proposed collection: Form ADDRESSES: Documents are available for comments submitted to the FAA must DS–3057 is designed to collect medical review by appointment by contacting be mailed or delivered to The Honorable information for the Office of Medical Dr. Quincy Mosby, Manager, Barnstable Rick Allen, Mayor of City of Madras, at Services to decide whether a federal Municipal Airport, Hyannis, MA at the following address: The Honorable employee and family members will have Barnstable Municipal Airport, 480 Rick Allen, Mayor, City of Madras, 71 sufficient medical resources at a Barnstable Road, Hyannis, MA 02601, SE D Street, Madras, OR 97741. diplomatic mission abroad to maintain Telephone 508–775–2020 or by FOR FURTHER INFORMATION CONTACT: Mr. health and fitness. contacting Donna R. Witte, Federal William L. Watson, OR/ID Section Methodology: The information Aviation Administration, 16 New Supervisor, Federal Aviation collected will be collected through the England Executive Park, Burlington, Administration, Northwest Mountain use of an electronic forms engine or by Massachusetts, Telephone 781–238– Region, Seattle Airports District Office, hand written submission using a pre- 7624. 1601 Lind Avenue, SW., Suite 250, printed form. Renton, Washington, 98055–4056. FOR FURTHER INFORMATION CONTACT: Dated: April 28, 2005. The request to release property may Donna R. Witte at the Federal Aviation be reviewed, by appointment, in person Maria C. Melchiorre, Administration, 12 New England at this same location. Administrative Officer, Office of Medical Executive Park, Burlington, Services, Department of State. SUPPLEMENTARY INFORMATION: The FAA Massachusetts 01803, Telephone 781– invites public comment on the request [FR Doc. 05–10653 Filed 5–26–05; 8:45 am] 238–7624. to release property at the City-County BILLING CODE 4710–36–P SUPPLEMENTARY INFORMATION: Section Airport under the provisions of the AIR 125 of The Wendell H. Ford Aviation 21 (49 U.S.C. 47107(h)(2)). Investment and Reform Act for the 21st On April 21, 2005, the FAA DEPARTMENT OF TRANSPORTATION Century (AIR 21) requires the FAA to determined that the request to release provide an opportunity for public notice property at City-County Airport Federal Aviation Administration and comment to the ‘‘waiver’’ or submitted by the airport meets the Public Notice for a Change in Use of ‘‘modification’’ of a sponsor’s Federal procedural requirements of the Federal Aeronautical Property at Barnstable obligation to use certain airport property Aviation Administration. The FAA may Municipal Airport, Hyannis, MA for aeronautical purposes. approve the request, in whole or in part, Issued in Burlington, Massachusetts on no later than June 27, 2005. AGENCY: Federal Aviation May 10, 2005. The following is a brief overview of Administration (FAA), DOT. Bryon H. Rakoff, the request: ACTION: Request for Public Comments. City-County Airport is proposing the Acting Manager, Airports Division, New release of approximately 2.52 acres of England Region. SUMMARY: The FAA is requesting public airport property so the property can be comment on the Town of Barnstable, [FR Doc. 05–10598 Filed 5–26–05; 8:45 am] sold to the business wishing to locate in MA request to change a portion (6.94 BILLING CODE 4910–13–M the airport industrial park. The revenue acres) of Airport property from made from this sale will be used toward aeronautical use to non-aeronautical Airport Capital Improvement. use. The property is located behind the DEPARTMENT OF TRANSPORTATION Any person may inspect, by Airport’s East Ramp and adjacent to the Federal Aviation Administration appointment, the request in person at railroad right-of-way on land located on the FAA office listed above under FOR along the former Mary Dunn Way. The Notice of Intent To Rule on Request To FURTHER INFORMATION CONTACT. land is currently a land locked vacant Release Airport Property at the City- In addition, any person may, upon parcel. The parcel will be leased to the County Airport, Madras, OR appointment and request, inspect the Woods Hole, Martha’s Vineyard and application, notice and other documents Nantucket Steamship Authority AGENCY: Federal Aviation germane to the application in person at (‘‘Authority’’) for use as a parking area Administration (FAA), DOT. City-County Airport.

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Issued in Renton, Washington on April 21, Ilia A. Quinones, Program Manager, And 2005. 5950 Hazeltine National Drive, Suite Parcel ‘‘B’’—Northwest corner of NW. 8th J. Wade Bryant, 400, Orlando, Florida 32822, telephone Street Site. The metes and bounds Manager, Seattle Airports District Office. number (407) 812–6331. description is as follows: [FR Doc. 05–10599 Filed 5–26–05; 8:45 am] SUPPLEMENTARY INFORMATION: Section Parcel ‘‘B’’— BILLING CODE 4910–13–M 125 of The Wendell H. Ford Aviation That portion of Lots 42, and 41, Block 2 of Investment and Reform Act for the 21st WOOD FARMS SUBDIVISION according to Century (AIR–21) requires the FAA to the plat thereof recorded in Plat Book 43 at DEPARTMENT OF TRANSPORTATION provide an opportunity for public notice Page 49 of the Public Records of Miami-Dade and comment prior to the ‘‘waiver’’ or Federal Aviation Administration County, Florida being more particularly ‘‘modification’’ of a sponsor’s Federal described as follows: obligation to use certain airport land for Public Notice for a Change in Use of BEGINNING at the Northeast corner of said non-aeronautical purposes. ° ′ ″ Aeronautical Property at Miami Lot 42; thence run S01 25 46 E, along the Items to address: East line of said Lot 42 said line being also International Airport, Miami-Dade • Property location. County, FL the westerly Right-of-Way line of NW 72 Parcel ‘‘A’’—NW. 8th Street Site. The Avenue, for a distance of 121.14 feet to the AGENCY: Federal Aviation metes and bounds description is as follows: point of intersection with the Limited Access Administration (FAA), DOT. Parcel ‘‘A’’— Right of Way line of NW 72 Avenue Realignment as shown in the State of Florida ACTION: Request for public comment. That portion of Lots 37, 38, and 39, Block 2 of WOOD FARMS SUBDIVISION according Department of Transportation Right-of-Way SUMMARY: The Federal Aviation to the plat thereof recorded in Plat Book 43 Map of Section 87502–2672 dated June 23, Administration is requesting public at Page 49 of the Public Records of Miami- 1976, recorded in Road Plat Book 112 at Page comment on the Miami-Dade Aviation Dade County, Florida, being more 50 of the Public Records of Miami-Dade Department (MDAD) request to release a particularly described as follows: County, Florida, said point also being a point portion of airport property ±50.661 COMMENCE at the Southwest corner of of curvature of a circular curve concave to square feet/±1.163 acres. said Lot 37; thence run N01°25′51″ W, along the Northwest; thence run Southerly and The Property Location: the West line of said Lot 37, for a distance Southwesterly along the arc of said circular Parcel ‘A’ located at 7275 NW., 8th of 10.05 feet to a point of intersection with curve concave to the Northwest, having a Street, Miami-Dade County, Florida. a line parallel to and 10.00 feet North of the radius of 25.00 feet, through a central angle South line of said Lot 37; thence run Parcel ‘B’ located at the Northwest of 74°34′34″, for an arc distance of 32.54 feet N87°38′21″ E, along a line 10.00 North of the corner of NW., 8th Street and NW. 12th South line of said Lot 37, for a distance of to a point of reverse curvature with a curve Avenue, Miami-Dade County Florida. 15.00 feet to a point of intersection with a concave to the Southeast, having a radius of The Property is currently vacant and line parallel to and 15.00 feet East of the 257.00 feet, through a central angle of is remnants of the land acquired by West line of said Lot 37 as conveyed to 5°44′36″, for an arc distance of 25.76 feet to Miami-Dade Aviation Department Richard Electric Supply Co. Inc., by County a point of intersection with the Northeasterly (MDAD) in order to extend Runway 9 to Deed dated January 5, 1983, recorded in Limited Access Right of Way line of NW 72 the West. Official Records Book 11689 at Page 134 of Avenue Realignment; thence run N36°13′31″ The Sponsor’s proposed non- the Public Records of Miami-Dade County, W, along the said Northeasterly Limited aeronautical use of the property is for Florida, said point being also the POINT OF Access Right of Way line of NW 72 Avenue BEGINNING; thence run N01°25′51″ W, along the release of the land to the Florida Realignment, for a distance of 183.27 feet to the line 15.00 East and parallel to the West a point of intersection with the North line of Department of Transportation (FDOT) line of said Lot 37, for a distance of 268.97 said Lot 42, thence run N87°28′21″ E, along for the construction of an Interchange at feet to the point of intersection with the the North line of said Lot 42, for a distance State Road (S.R.) 826, the Palmetto Southwesterly Limited Access Right of Way Expressway, and State Road (S.R.) 836, line of NW 72 Avenue Realignment as shown of 147.41 feet to the point of intersection the Dolphin Expressway. in the State of Florida Department of with the Westerly Right-of-Way line of NW Documents reflecting the Sponsor’s Transportation Right-of-Way Map of Section 72 Avenue, said point being also the POINT request are available, by appointment 87502–2672 dated June 23, 1976, recorded in OF BEGINNING, containing 14,151 square- only, for inspection of the Miami-Dade Road Plat Book 112 at Page 50 of the Public feet or 0.325 acres more or less. Aviation Department (MDAD) Manager Records of Miami-Dade County, Florida; thence run S50°29′10″ E, along the • Property’s existing aeronautical use. for Development’s Office and at the Southwesterly Limited Access Right of Way The subject property consists of two Orlando FAA Airports District Office. line, for a distance of 112.49 feet; thence run physically non-contiguous parcels DATES: Comments must be received on S44°47′46″ E, along the Southwesterly separated by Milam Dairy Road in or before June 27, 2005. Limited Access Right of Way line, for a unincorporated Miami Dade County, distance of 145.58 feet; thence run ADDRESSES: Documents are available for ° ′ ″ Florida. The land is vacant and outside S36 44 25 E, along the Southwesterly of the airfield operational area of the review at the MDAD Manager of Limited Access Right of Way line, for a Development Office, Miami distance of 103.81 feet to the point of airport. International Airport, Miami-Dade intersection with a line 10.00 feet North and • Sponsor’s proposed non- County Aviation Department, Mr. parallel with the South line of Lot 39 as aeronautical use. The purpose of the Manuel A. Rodriguez, 4200 NW., 36th shown in the State of Florida Department of release of this land is to facilitate the Street, Building 5A, Suite 400, Miami, Transportation Right-of-Way Map of Section transfer of the property to the Florida Florida 33122, telephone (305) 876– 87502–2672 dated June 23, 1976, recorded in Road Plat Book 112 at Page 50 of the Public Department of Transportation (FDOT) 7090 and at the FAA Orlando Airports for the expansion of the State Road District Office, Ilia A. Quinones, 5950 Records of Miami-Dade County, Florida; thence run S87°28′11″ W, along the said line (S.R.) 826/State Road (S.R.) 836 Hazeltine National Drive, Suite 400, parallel to and 10.00 feet North of the South interchange. Orlando, Florida 32822 and telephone line of Lot 39, 38 and 37, for a distance of number (407) 812–6331. Written 244.98 to the POINT OF BEGINNING, FOR FURTHER INFORMATION CONTACT: Ilia comments on the Sponsor’s request containing 36,197 square-feet or 0.831 acres A. Quinones, Program Manager, must be delivered or mailed, 2 copies to more or less. Orlando Airports District Office, 5950

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Hazeltine National Drive, Suite 400, Abstract: This information collected DEPARTMENT OF TRANSPORTATION Orlando, FL 32822–5024. is required for the issuance and administration of aviation insurance Federal Aviation Administration W. Dean Stringer, policies. Manager, Orlando Airports District Office, Notice of Intent To Rule on Application Southern Region. Estimated Annual Burden Hours: An To Impose and Use the Revenue From [FR Doc. 05–10597 Filed 5–26–05; 8:45 am] estimated 4,394 hours annually. a Passenger Facility Charge (PFC) at BILLING CODE 4910–13–M 3. Title: License Requirements for the Daytona Beach International Airport, Operation of a Launch Site. Daytona Beach, FL Type of Request: Extension of a DEPARTMENT OF TRANSPORTATION AGENCY: Federal Aviation currently approved collection. Administration (FAA), DOT. Federal Aviation Administration OMB Control Number: 2120–0644. ACTION: Notice of intent to rule on forms: NA. application. Agency Information Collection Activities Under OMB Review Affected Public: 2 commercial space SUMMARY: The FAA proposes to rule and launch site operators. invites public comment on the AGENCY: Federal Aviation Abstract: The information to be application to impose and use the Administration (FAA), DOT. collected includes data required for revenue from a PFC at Daytona Beach ACTION: Notice. performing launch site location International Airport under the analysis. The launch site license is valid provisions of the Aviation Safety and SUMMARY: In compliance with the for a period of 5 years. Respondents are Capacity Expansion Act of 1990 (Title Paperwork Reduction Act of 1995 (44 licensees authorized to operate sites. IX of the Omnibus Budget U.S.C. 3501 et seq.), this notice Reconciliation Act of 1990) (Pub. L. announces that the Information Estimated Annual Burden Hours: An estimated 3,102 hours annually. 101–508) and part 158 of the Federal Collection Requests (ICR) abstracted Aviation Regulations (14 CFR part 158). below have been forwarded to the Office 4. Title: Advisory Circular (AC): DATES: of Management and Budget (OMB) for Reporting of Laser Illumination of Comments must be received on extension of the currently approved Aircraft. or before June 27, 2005. collections. The ICR describes the Type of Request: Extension of a ADDRESSES: Comments on this nature of the information collection and currently approved collection. application may be mailed or delivered the expected burden. The Federal in triplicate to the FAA at the following OMB Control Number: 2120–0698. Register Notice with a 60-day comment address: Orlando Airports District period soliciting comments on the Forms: NA. Office, 5950 Hazeltine National Drive, following collections of information was Affected Public: 400 pilots. Suite 400, Orlando, Florida 32822–5024. published on February 17, 2005, pages Abstract: This collection covers the In addition, one copy of any 8132–8133. reporting of unauthorized illumination comments submitted to the FAA must DATES: Comments must be submitted on of aircraft by lasers. be mailed or delivered to Dennis R. or before June 27, 2005. A comment to McGee, Director of Aviation of the Estimated Annual burden Hours: An County of Volusia at the following OMB is most effective if OMB receives estimated 100 hours annually. it within 30 days of publication. address: 700 Catalina Drive, Suite 300, ADDRESSES: Send comment to the Office Daytona Beach, FL 32114. FOR FURTHER INFORMATION CONTACT: Judy Air carriers and foreign air carriers Street on (202) 267–9895. of Information and Regulatory Affairs, Office of Management and budget, 725 may submit copies of written comments SUPPLEMENTARY INFORMATION: 17th Street, NW., Washington, DC previously provided to the County of Federal Aviation Administration (FAA) 20503, Attention FAA Desk Officer. Volusia under section 158.23 of Part 158. 1. Title: Malfunction or Defect Report. Comments are invited on: Whether Type of Request: Extension of a the proposed collection of information FOR FURTHER INFORMATION CONTACT: currently approved collection. is necessary for the proper performance Krystal Hudson, Program Manager, OMB Control Number: 2120–0003. of the functions of the Department, Orlando Airports District Office, 5950 Form(s): FAA Form 8010–4. including whether the information will Hazeltine National Drive, Suite 400, Affected Public: A total of 56,045 air have practical utility; the accuracy of Orlando, FL 32822–5024, 407–812– carriers and commercial operators. the Department’s estimates of the 6331, ext. 136. The application may be Abstract: This information allows the burden of the proposed information reviewed in person at this same FAA to evaluate its certification collection; ways to enhance the quality, location. utility and clarity of the information to standards, maintenance programs, and SUPPLEMENTARY INFORMATION: The FAA regulatory requirements. It is also the be collected; and ways to minimize the proposes to rule and invites public basis for issuance of Airworthiness burden of the collection of information comment on the application to impose Directives designed to prevent unsafe on respondents, including the use of and use the revenue from a PFC at conditions and accidents. automated collection techniques or Daytona Beach International Airport Estimated Annual Burden Hours: An other forms of information technology. under the provisions of the Aviation estimated 8,407 hours annually. Dated: Issued in Washington, DC, on May Safety and Capacity Expansion Act of 2. Title: Aviation Insurance. 20, 2005. 1990 (Title IX of the Omnibus Budget Type of Request: Extension of a Judith D. Street, Reconciliation Act of 1990) (Pub. L. currently approved collection. FAA Information Collection Clearance 101–508) and Part 158 of the Federal OMB Control Number: 2120–0514. Officer, Information Systems and Technology Aviation Regulations (14 CFR part 158). Forms: NA. Services Staff, ABA–20. On May 20, 2005, the FAA Affected Public: A total of 76 air [FR Doc. 05–10603 Filed 5–26–05; 8:45 am] determined that the application to carriers. BILLING CODE 4910–13–M impose and use the revenue from a PFC

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submitted by County of Volusia was ADDRESSES: Comments on this regional Airports office located at: 901 substantially complete within the application may be mailed or delivered Locust, Kansas City, MO 64106. requirements of section 158.25 of Part in triplicate to the FAA at the following In addition, any person may, upon 158. The FAA will approve or address: 901 Locust, Kansas City, MO request, inspect the application, notice disapprove the application, in whole or 64106. and other documents germane to the in part, no later than September 3, 2005. In addition, one copy of any application in person at the Des Moines The following is a brief overview of comments submitted to the FAA must International Airport. the application. be mailed or delivered to Michael R. Issued in Kansas City, Missouri on May 16, PFC Application No.: 05–03–C–00– Salamone, Deputy Director Aviation 2005. DAB. Finance and Administration, Des George A. Hendon, Level of the proposed PFC: $4.50. Moines International Airport, 5800 Manager, Airports Division Central Region. Proposed charge effective date: March Fleur Drive, Des Moines, IA 50321. 1, 2010. Air carriers and foreign air carriers [FR Doc. 05–10605 Filed 5–26–05; 8:45 am] Proposed charge expiration date: may submit copies of written comments BILLING CODE 4910–13–M March 1, 2020. previously provided to the City of Des Total estimated net PFC revenue: Moines under section 158.23 of Part DEPARTMENT OF TRANSPORTATION $12,302,869. 158. Brief description of proposed FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration project(s): Bond issuance costs and Lorna K. Sandridge, PFC Program interest for the terminal facility opened Manager, 901 Locust, Kansas City, MO Notice of Intent To Rule on Application in 1992. 64106, (816) 329–2641. The application 05–05–C–00–IAD To Impose and Use Class or classes of air carriers which the Revenue From a Passenger Facility the public agency has requested not be may be reviewed in person at this same location. Charge (PFC) at Washington Dulles required to collect PFCs: None. International Airport, Dulles, VA Any person may inspect the SUPPLEMENTARY INFORMATION: The FAA application in person at the FAA office proposed to rule and invites public AGENCY: Federal Aviation listed above under FOR FURTHER comment on the application to impose Administration (FAA), DOT. INFORMATION CONTACT. and use the revenue from a PFC at Des ACTION: Notice of intent to rule on In addition, any person may, upon Moines International Airport under the application. request, inspect the application, notice provisions of the 49 U.S.C. 40117 and and other documents germane to the Part 158 of the Federal Aviation SUMMARY: The FAA proposes to rule and application in person at the County of Regulations (14 CFR Part 158). invites public comment on the Volusia. On May 16, 2005, the FAA application to impose and use the determined that the application to revenue from a PFC at Washington Issued in Orlando, Florida on May 20, 2005. impose and use the revenue from a PFC Dulles International Airport under the submitted by the City of Des Moines provisions of the 49 U.S.C. 40117 and W. Dean Stringer, was substantially complete within the Part 158 of the Federal Aviation Manager, Orlando Airports District Office, requirements of section 158.25 of Part Regulations (14 CFR part 158). Southern Region. 158. The FAA will approve or DATES: [FR Doc. 05–10601 Filed 5–26–05; 8:45 am] Comments must be received on disapprove the application, in whole or or before June 27, 2005. BILLING CODE 4910–13–M in part, no later than August 16, 2005. ADDRESSES: Comments on this The following is a brief overview of application may be mailed or delivered the application. in triplicate to the FAA at the following DEPARTMENT OF TRANSPORTATION Proposed charge effective date: address: Washington Airports District January 1, 2012. Federal Aviation Administration Office, 23723 Air Freight Lane, Suite Proposed charge expiration date: 210, Dulles, Virginia 20166. August 1, 2015. Notice of Intent To Rule on Application In addition, one copy of any Level of the proposed PFC: $4.50. 05–09–C–00–DSM To Impose and Use comments submitted to the FAA must the Revenue From a Passenger Facility Total estimated PFC revenue: $10,577,162. be mailed or delivered to Ms. E. Lynn Charge (PFC) at Des Moines Hampton; Vice President and Chief International Airport, Des Moines, IA Brief description of proposed project(s): Airport access control system, Financial Officer of the Metropolitan AGENCY: Federal Aviation construct Runway 5/23 extension, noise Washington Airports Authority at the Administration (FAA), DOT. compatibility program, extend Taxiway following address: 1 Aviation Circle, Washington, DC 20001–6000. ACTION: Notice of intent to rule on P, runway and taxiway signage, terminal Air carriers and foreign air carriers application. apron reconstruction, Runway 31 Category II centerline lights, south cargo may submit copies of written comments SUMMARY: The FAA proposes to rule ramp extension, southeast service road previously provided to the Metropolitan land invites public comment on the relocation, security gate upgrade, Washington Airports Authority under application to impose and use the rehabilitation of Runway 13L/3R, and § 158.23 of Part 158. revenue from a PFC at Des Moines land acquisition for Runway 13R/31L. FOR FURTHER INFORMATION CONTACT: Mr. International Airport under the Class or classes of air carriers which Terry J. Page, Manager, Washington provisions of the 49 U.S.C. 40117 and the public agency has requested not be Airports District Office, 23723 Air Part 158 of the Federal Aviation required to collect PFCs: Part 135 Air Freight Lane, Suite 210, Dulles, Virginia Regulations (14 CFR Part 158). Taxi/Commercial Operators (ATCO). 20166, Telephone: 703–661–1354. DATES: Comments must be received on Any person may inspect the The application maybe reviewed in or before date which is 30 days after application in person at the FAA office person at this same location. date of the publication in the Federal listed above under FOR FURTHER SUPPLEMENTARY INFORMATION: The FAA Register. INFORMATION CONTACT and at the FASA proposes to rule and invites public

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comment on the application to impose ACTION: Notice of availability; request Copies of the proposed policy and use the revenue from a PFC at for comments. statement, PS–ACE100–2005–10038, Washington Dulles International Airport may be requested from the following: under the provisions of the 49 U.S.C. SUMMARY: This notice announces a Small Airplane Directorate, Standards 40117 and Part 158 of the Federal Federal Aviation Administration (FAA) Office (ACE–110), Aircraft Certification Aviation Regulations (14 CFR Part 158). proposed policy statement on bonded Service, Federal Aviation On April 21, 2005, the FAA joints and structures. This notice Administration, 901 Locust Street, determined that the application to advises the public, especially Room 301, Kansas City, MO 64106. In impose and use the revenue from a PFC manufacturers and repair facilities for a few days, the proposed policy submitted by the Metropolitan aircraft structures that the FAA intends statement will also be available on the Washington Airports Authority was to adopt this policy. This notice is Internet at the following address substantially complete within the necessary to advise the public of this http://www.airweb.faa.gov/policy. requirements of section 158.25 of Part FAA policy and give all interested persons an opportunity to present their Issued in Kansas City, Missouri, on May 158. The FAA will approve or 19, 2005. views on it. disapprove the application, in whole or John Colomy, DATES: Comments must be received on in part, no later than August 19, 2005. Acting Manager, Small Airplane Directorate, The following is a brief overview of or before June 27, 2005. Aircraft Certification Service. the application. ADDRESSES: Send all comments on the [FR Doc. 05–10602 Filed 5–26–05; 8:45 am] Proposed charge effective date: proposed policy statement to the BILLING CODE 4910–13–P February 1, 2007. individual identified under FOR FURTHER Proposed charge expiration date: May INFORMATION CONTACT. Comments may 27, 2017. be inspected at the Small Airplane DEPARTMENT OF TRANSPORTATION Level of the proposed PFC: $4.50. Directorate, Standards Office (ACE– Total estimated PFC revenue: 110), Aircraft Certification Service, Federal Highway Administration $672,867,249. Federal Aviation Administration, 901 Brief description of proposed Locust, Room 301, Kansas City, Environmental Impact Statement: project(s): People Mover System, Missouri, between the hours of 8 and 4 Kootenai County, ID Tunnels, and Stations. p.m. weekdays, except Federal holidays. AGENCY: Federal Highway Class or classes of air carriers which FOR FURTHER INFORMATION CONTACT: Administration, (FHWA), DOT. the public agency has requested not be Lester Cheng, Federal Aviation ACTION: Notice of Intent. required to collect PFCs: Air Taxi/ Administration, Small Airplane Commercial Operators (ATCO) required Directorate, Regulations & Policy, ACE– SUMMARY: The FHWA is issuing this to file FAA form 1800–31. 111, 901 Locust Street, Room 301, notice to advise the public that an Any person may inspect the Kansas City, Missouri 64106; telephone: environmental impact statement will be application in person at the FAA office (316) 946–4111; fax: 816–329–4090; e- prepared for a proposed highway project listed above under FOR FURTHER mail: [email protected]. in Kootenai County, Idaho. INFORMATION CONTACT and at the FAA SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Mr. regional Airports office located at: Edwin B. Johnson, Field Operations Federal Aviation Administration, Comments Invited Engineer, Federal Highway Eastern Region, 1 Aviation Plaza, Interested persons are invited to Administration, 3050 Lake Harbor Lane, Jamaica, New York 11434–4809. comment on this proposed policy Suite 126, Boise, Idaho 83703, In addition, any person may, upon statement by submitting written data, Telephone: (208) 334–9180; or Mr. request, inspect the application, notice views, or arguments. Identify the David Karsann, Senior Environmental and other documents germane to the proposed policy statement number, PS- Planner, Idaho Transportation application in person at the ACE100–2005–10038, on your Department, District 1 Office, 600 West Metropolitan Washington Airports comments. If you submit your Prairie, Coeur d’Alene, ID 83815. Authority. comments in writing, send two copies of SUPPLEMENTARY INFORMATION: The Issued in Dulles, Virginia, on May 19, your comments to the above address. FHWA, in cooperation with the Idaho 2005. The Small Airplane Directorate will Transportation Department, will prepare Terry J. Page, consider all communications received an environmental impact statement Manager, Washington Airports District Office, on or before the closing date for (EIS) on a proposal to improve Interstate Eastern Region. comments. We may change the proposal 90 (I–90) in Kootenai County, Idaho. [FR Doc. 05–10604 Filed 5–26–05; 8:45 am] contained in the policy because of the The proposed improvements would BILLING CODE 4910–13–M comments received. involve access and mobility Comments sent by fax or the Internet enhancements on I–90 between the must contain ‘‘Comments to proposed Spokane Street west terminus DEPARTMENT OF TRANSPORTATION policy statement PS–ACE100–2005– interchange (approximately milepost 10038’’ in the subject line. You do not (MP) 4.3) and State Highway (SH) 41 Federal Aviation Administration need to send two copies if you fax your east terminus interchange comments or send them through the (approximately MP 7.6) for a distance of [Policy Statement Number PS–ACE100– Internet. If you send comments over the about three (3) miles. 2005–10038] Internet as an attached electronic file, The purpose of this project is to Proposed Policy on Bonded Joints and format it in Microsoft Word for provide transportation system solutions Structures—Technical Issues and Windows. State what specific change on the I–90 corridor, from the Spokane Certification Considerations you are seeking to the proposed policy Street Interchange through the SH 41 memorandum and include justification Interchange, that will enhance access AGENCY: Federal Aviation (for example, reasons or data) for each and cross-freeway mobility, improve Administration, DOT. request. traffic operations within the corridor

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and provide safe and efficient Federal programs and activities apply to the Board decisions and notices are movement of people, goods and program.) available on our Web site at ‘‘http:// services, while giving full consideration Issued on: May 4, 2005. www.stb.dot.gov.’’ to local roads as primary transportation Renee Sigel, Decided: May 24, 2005. corridors. This project is needed Assistant Division Administrator, Federal By the Board, Joseph H. Dettmar, Acting because congestion and safety concerns Highway Administration, Boise, Idaho. Director, Office of Proceedings. are rising within the project corridor [FR Doc. 05–10608 Filed 5–26–05; 8:45 am] Vernon A. Williams, and travel times for local and through BILLING CODE 4910–22–M Secretary. traffic have increased. These conditions [FR Doc. 05–10649 Filed 5–26–05; 8:45 am] have arisen from increased and BILLING CODE 4915–01–P projected regional travel demand due to DEPARTMENT OF TRANSPORTATION planned community growth, limited local city street connectivity to and Surface Transportation Board DEPARTMENT OF THE TREASURY across I–90, and mobility limitations at [STB Finance Docket No. 34702] existing interchanges. Submission for OMB Review; Ten alternatives under consideration BNSF Railway Company—Temporary Comment Request include (a) taking no action, (b) Trackage Rights Exemption—Norfolk applying enhanced Transportation Southern Railway Company May 23, 2005. Systems and Transportation Demand Management methods on existing Norfolk Southern Railway Company The Department of Treasury has transportation systems, (c) Transit, and (NSR) has agreed to grant temporary submitted the following public (d) seven combinations of actions that overhead trackage rights to BNSF information collection requirement(s) to combine some or all of the following: Railway Company (BNSF) between C.A. OMB for review and clearance under the Interchange modifications at the Junction, MO (milepost S241.9) and Paperwork Reduction Act of 1995, Spokane Street Interchange, interchange Maxwell, MO (milepost S250.6), a Public Law 104–13. Copies of the modifications at the SH 41 Interchange, distance of approximately 8.7 miles, submission(s) may be obtained by expansion of SH 41 to six lanes; connecting with BNSF’s existing calling the Treasury Bureau Clearance interchange modifications at the Seltice trackage rights over NSR between W.B. Officer listed. Comments regarding this Way Interchange, a new interchange or Junction, MO and C.A. Junction. information collection should be an I–90 grade separation at Greensferry The transaction is scheduled to be addressed to the OMB reviewer listed Road, an I–90 grade separation at consummated on May 30, 2005, and the and to the Treasury Department Syringa Street, applying access temporary trackage rights will expire on Clearance Officer, Department of the management on Seltice Way, and or about June 1, 2005. The purpose of Treasury, Room 11000, 1750 auxiliary lanes and/or collector the temporary trackage rights is to Pennsylvania Avenue, NW., distributor roads on I–90 from the bridge BNSF’s trains while BNSF’s main Washington, DC 20220. Spokane Street Interchange to the SH 41 lines are out of service due to Dates: Written comments should be Interchange. programmed track, roadbed and received on or before June 27, 2005 to Letters describing the proposed action structural maintenance. be assured of consideration. and soliciting comments will be sent to As a condition to this exemption, any Departmental Offices appropriate Federal, State, and local employees affected by the acquisition of agencies, and to provide organizations the temporary trackage rights will be OMB Number: 1505–0186. and citizens who have previously protected by the conditions imposed in Form Numbers: None. expressed or are known to have interest Norfolk and Western Ry. Co.—Trackage Type of Review: Extension. in this proposal. A series of public Rights—BN, 354 I.C.C. 605 (1978), as Title: Customer Satisfaction Measure meetings will be held in Post Falls. A modified in Mendocino Coast Ry., Inc.— of Government Web sites. scoping meeting will be noticed and Lease and Operate, 360 I.C.C. 653 Description: The objectives of held in Post Falls. In addition, a public (1980), and any employees affected by surveying citizen users of federal agency hearing will be held. Public notice will the discontinuance of those trackage websites are to: (1) Provide information be given of the time and place of the rights will be protected by the for improving the quality of and meetings and hearing. The draft EIS will conditions set out in Oregon Short Line satisfaction with agency websites; (2) be available for public and agency R. Co.—Abandonment—Goshen, 360 ensure continuous assessment and review and comment prior to the public I.C.C. 91 (1979). improvement capabilities; (3) hearing. This notice is filed under 49 CFR benchmark results against other To ensure that the full range of issues 1180.2(d)(8). If it contains false or agencies and private companies; (4) related to this proposed action are misleading information, the exemption determine how different types of addressed and all significant issues is void ab initio. Petitions to revoke the changes to the websites will impact identified, comments, and suggestions exemption under 49 U.S.C. 10502(d) future citizen behaviors; and (5) make are invited from all interested parties. may be filed at any time. The filing of the agencies part of a quarterly E- Comments or questions concerning this a petition to revoke will not Government customer satisfaction proposed action and the EIS should be automatically stay the transaction. benchmark and annual index for all directed to the FHWA or ITD at the An original and 10 copies of all measured Federal Government address provided above. pleadings, referring to STB Finance activities. Docket No. 34702, must be filed with Respondents: Individuals or Authority: 23 U.S.C. 315; 23 CFR 771.123; 49 CFR 1.48. the Surface Transportation Board, 1925 households, Business and other for- K Street, N.W., Washington, DC 20423– profit, Not-for-profit institutions, Farms, (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, 0001. In addition, a copy of each Federal Government, State, Local, or Planning, and Construction. The regulations pleading must be served on Sarah W. Tribal Government. implementing Executive Order 12372 Bailiff, 2500 Lou Menk Drive, P.O. Box Estimated Number of Respondents/ regarding intergovernmental consultation on 961039, Fort Worth, TX 76161–0039. Recordkeepers: 1,000,000.

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Estimated Burden Hours Per DEPARTMENT OF THE TREASURY Form Numbers: IRS Forms 8329 and Respondent/Recordkeeper: Various. 8330. Submission for OMB Review; Frequency of Response: Quarterly. Type of Review: Extension. Comment Request Estimated Total Reporting/ Title: Form 8329: Lender’s Recordkeeping Burden: 41,667 hours. May 23, 2005. Information Return for Mortgage Credit The Department of Treasury has Certificates (MCCs); and Clearance Officer: Lois K. Holland submitted the following public (202) 622–1563, Departmental Offices, Form 8330: Issuer’s Quarterly information collection requirement(s) to Information Return for Mortgage Credit Room 11000, 1750 Pennsylvania OMB for review and clearance under the Certificates (MCCs). Avenue, NW., Washington, DC 20220. Paperwork Reduction Act of 1995, OMB Reviewer: Alexander T. Hunt Public Law 104–13. Copies of the Description: Form 8329 is used by (202) 395–7316, Office of Management submission(s) may be obtained by lending institutions and Form 8330 is and Budget, Room 10235, New calling the Treasury Bureau Clearance used by state and local government to Executive Office Building, Washington, Officer listed. Comments regarding this report on mortgage credit certificates DC 20503. information collection should be (MCCs) authorized under Internal addressed to the OMB reviewer listed Revenue Code (IRC) Section 25. IRS Lois K. Holland, and to the Treasury Department matches the information supplied by Treasury PRA Clearance Officer. Clearance Officer, Department of the lenders and issuers to ensure that the [FR Doc. 05–10637 Filed 5–26–05; 8:45 am] Treasury, Room 11000, 1750 credit is computed properly. BILLING CODE 4811–16–P Pennsylvania Avenue, NW., Respondents: Business or other for- Washington, DC 20220. profit, State, Local or Tribal Dates: Written comments should be Government. received on or before June 27, 2005 to Estimated Number of Respondents/ be assured of consideration. Recordkeepers: 10,500. Internal Revenue Service (IRS) Estimated Burden Hours Respondent/ OMB Number: 1545–0922. Recordkeeper:

Form 8329 Form 8330

Recordkeeping ...... 3 hr., 35 min ...... 4 hr., 32 min. Learning about the law or the form ...... 1 hr., 5 min ...... 1 hr., 23 min. Preparing and sending the form to the IRS ...... 1 hr., 12 min ...... 1 hr., 31 min.

Frequency of response: Quarterly Description: These regulations Respondents: Business or other for- (Form 8330); Annually (Form 8329). provide for a joint election to have the profit. Estimated Total Reporting/ regulations apply to certain bankruptcy Estimated Number of Respondents/ Recordkeeping Burden: 73,720 hours. cases. In a chapter 7 case, the written Recordkeepers: 1,700. OMB Number: 1545–1100. consent of the trustee must be obtained. Regulation Project Number: REG– In a chapter 11 case the election must Estimated Burden Hours Respondent/ 209106–89 NPRM (formerly EE–84–89). be in the reorganization plan or in a Recordkeeper: Type of Review: Extension. court order. Recordkeeping—1 hr., 55 min. Title: Changes with Respect to Prizes Respondents: Individuals or and Awards and Employee households. Learning about the law or the form—6 Achievement Awards. Estimated Number of Respondents: min. Description: This regulation requires 500. Preparing and sending the form to the recipients of prizes and awards to Estimated Burden Hours Respondent: IRS—8 min. maintain records to determine whether 1 hour. Frequency of response: On occasion. a qualifying designation has been made. Frequency of response: Annually. The affected public are prize and award Estimated Total Reporting Burden: Estimated Total Reporting/ recipients who seek to exclude the cost 100 hours. Recordkeeping Burden: 4,335 hours. of qualifying prize or award. Clearance Officer: Glenn P. Kirkland, Respondents: Individuals and OMB Number: 1545–1409. (202) 622–3428, Internal Revenue households. Form Number: IRS Form 8842. Estimated Number of Respondents: Type of Review: Extension. Service, Room 6516, 1111 Constitution 5,100. Title: Election to Use Different Avenue, NW., Washington, DC 20224. Estimated Burden Hours Respondent: Annualization Periods for Corporate OMB Reviewer: Alexander T. Hunt, 15 minutes. Estimated Tax. (202) 395–7316, Office of Management Frequency of response: On occasion. Description: Form 8842 is used by and Budget, Room 10235, New Estimated Total Reporting Burden: corporations (including S corporations), Executive Office Building, Washington, 1,275 hours. tax-exempt organizations subject to the DC 20503. OMB Number: 1545–1375. unrelated business income tax, and Regulation Project Number: IA–5–92 private foundations to annually elect the Lois K. Holland, Final. use of an annualization period in Treasury PRA Clearance Officer. Type of Review: Extension. section 6655(e)(2)(c)(i) or (ii) for [FR Doc. 05–10638 Filed 5–26–05; 8:45 am] Title: Carryover of Passive Activity purpose of figuring the corporation’s BILLING CODE 4830–01–P Losses and Credit and At Risk Losses to estimated tax payments under the Bankruptcy Estates of Individuals. annualized income installment method.

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DEPARTMENT OF THE TREASURY DEPARTMENT OF VETERANS respondents, including through the use AFFAIRS of automated collection techniques or Submission for OMB Review; the use of other forms of information [OMB Control No. 2900–0251] Comment Request technology. Title: Present Status of Loan, VA Form May 23, 2005. Proposed Information Collection Activity: Proposed Collection; 26–8778. The Department of the Treasury has Comment Request OMB Control Number: 2900–0251. submitted the following public Type of Review: Extension of a information collection requirement(s) to AGENCY: Veterans Benefits currently approved collection. OMB for review and clearance under the Administration, Department of Veterans Abstract: VA Form 26–8778 is used to Paperwork Reduction Act of 1995, Affairs. obtain pertinent data from servicers Public Law 104–13. Copies of the ACTION: Notice. regarding the status of defaulted loans. submission(s) may be obtained by VA uses the information collected to calling the Treasury Bureau Clearance SUMMARY: The Veterans Benefits properly service all defaulted loans. Officer listed. Comments regarding this Administration (VBA) is announcing an Affected Public: Business or other for- information collection should be opportunity for public comment on the profit. addressed to the OMB reviewer listed proposed collection of certain Estimated Annual Burden: 29,167 and to the Treasury Department information by the agency. Under the hours. Clearance Officer, Department of the Paperwork Reduction Act (PRA) of Estimated Average Burden Per Treasury, Room 11000, 1750 1995, Federal agencies are required to Respondent: 10 minutes. Pennsylvania Avenue, NW., publish notice in the Federal Register Frequency of Response: On occasion. Washington, DC 20220. concerning each proposed collection of Estimated Number of Respondents: information, including each proposed 175,000. DATES: Written comments should be extension of a currently approved Dated: May 20, 2005. received on or before June 27, 2005 to collection, and allow 60 days for public By direction of the Secretary. be assured of consideration. comment in response to the notice. This Denise McLamb, Internal Revenue Service (IRS) notice solicits comments for information needed to determine the status of a Program Analyst, Records Management OMB Number: 1545–1762. defaulted loan account. Service. [FR Doc. E5–2707 Filed 5–26–05; 8:45 am] Form Numbers: IRS Form 8050. DATES: Written comments and BILLING CODE 8320–01–P Type of Review: Extension. recommendations on the proposed Title: Direct Deposit of corporate Tax collection of information should be Refund. received on or before July 26, 2005. DEPARTMENT OF VETERANS ADDRESSES: Submit written comments Description: This form is used to AFFAIRS on the collection of information to request a deposit of a tax refund directly Nancy J. Kessinger, Veterans Benefits [OMB Control No. 2900–0657] into an account at any U.S. bank or Administration (20M35), Department of other financial institution. Proposed Information Collection Veterans Affairs, 810 Vermont Avenue, Activity: Proposed Collection; Respondents: Business or other for- NW., Washington, DC 20420 or e-mail: Comment Request profit, Individuals or households. [email protected]. Please Estimated Number of Respondents/ refer to ‘‘OMB Control No. 2900–0251’’ AGENCY: Veterans Benefits Recordkeepers: 210,000. in any correspondence. Administration, Department of Veterans Estimated Burden Hours Respondent/ FOR FURTHER INFORMATION CONTACT: Affairs. Recordkeeper: Nancy J. Kessinger at (202) 273–7079 or ACTION: Notice. FAX (202) 275–5947. Recordkeeping—1 hr., 25 min. SUPPLEMENTARY INFORMATION: Under the SUMMARY: The Veterans Benefits Learning about the law or the form—6 PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Administration (VBA), Department of min. 3501–3521), Federal agencies must Veterans Affairs (VA), is announcing an Preparing, copying, assembling, and obtain approval from the Office of opportunity for public comment on the sending the form to the IRS—7 min. Management and Budget (OMB) for each proposed collection of certain information by the agency. Under the Frequency of response: Annually. collection of information they conduct or sponsor. This request for comment is Paperwork Reduction Act (PRA) of Estimated Total Reporting/ being made pursuant to Section 1995, Federal agencies are required to Recordkeeping Burden: 348,600 hours. 3506(c)(2)(A) of the PRA. publish notice in the Federal Register Clearance Officer: Glenn P. Kirkland, With respect to the following concerning each proposed collection of (202) 622–3428, Internal Revenue collection of information, VBA invites information, including each proposed Service, Room 6516, 1111 Constitution comments on: (1) Whether the proposed extension of a currently approved Avenue, NW., Washington, DC 20224. collection of information is necessary collection, and allow 60 days for public OMB Reviewer: Alexander T. Hunt for the proper performance of VBA’s comment in response to the notice. This (202) 395–7316, Office of Management functions, including whether the notice solicits comments for information and Budget, Room 10235, New information will have practical utility; needed to obtain certification from State Executive Office Building, Washington, (2) the accuracy of VBA’s estimate of the approving agency and employees of VA DC 20503. burden of the proposed collection of certifying that they do not own any information; (3) ways to enhance the interest in a proprietary profit school. Lois K. Holland, quality, utility, and clarity of the DATES: Written comments and Treasury PRA Clearance Officer. information to be collected; and (4) recommendations on the proposed [FR Doc. 05–10639 Filed 5–26–05; 8:45 am] ways to minimize the burden of the collection of information should be BILLING CODE 4830–01–P collection of information on received on or before July 26, 2005.

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ADDRESSES: Submit written comments Frequency of Response: On occasion. expenses can be reduced or income on the collection of information to Estimated Number of Respondents: increased. VA performs financial Nancy J. Kessinger, Veterans Benefits 150. counseling in some cases to provide Administration (20M35), Department of Dated: May 20, 2005. veteran-borrowers the maximum Veterans Affairs, 810 Vermont Avenue, By direction of the Secretary. assistance possible to retain their home NW, Washington, DC 20420 or e-mail during periods of temporary financial Denise McLamb, [email protected]. Please difficulty. VA uses the information refer to ‘‘OMB Control No. 2900–0657’’ Program Analyst, Records Management collected to help borrowers who are Service. in any correspondence. seriously delinquent on guaranteed or [FR Doc. E5–2708 Filed 5–26–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: insured VA home loans to budget and Nancy J. Kessinger at (202) 273–7079 or BILLING CODE 8320–01–P establish a repayment schedule for the FAX (202) 275–5947. loan. An agency may not conduct or SUPPLEMENTARY INFORMATION: Under the DEPARTMENT OF VETERANS sponsor, and a person is not required to PRA of 1995 (Pub. L. 104–13; 44 U.S.C. AFFAIRS 3501–3521), Federal agencies must respond to a collection of information obtain approval from the Office of [OMB Control No. 2900–0270] unless it displays a currently valid OMB Management and Budget (OMB) for each control number. The Federal Register collection of information they conduct Agency Information Collection Notice with a 60-day comment period or sponsor. This request for comment is Activities Under OMB Review soliciting comments on this collection of information was published on being made pursuant to Section AGENCY: Veterans Benefits January 31, 2005, at page 4920. 3506(c)(2)(A) of the PRA. Administration, Department of Veterans With respect to the following Affected Public: Individuals or Affairs. collection of information, VBA invites households. comments on: (1) Whether the proposed ACTION: Notice. Estimated Annual Burden: 3,750 collection of information is necessary SUMMARY: In compliance with the hours. for the proper performance of VBA’s Paperwork Reduction Act (PRA) of 1995 Estimated Average Burden Per functions, including whether the (44 U.S.C. 3501–3521), this notice Respondent: 45 minutes. information will have practical utility; announces that the Veterans Benefits Frequency of Response: On occasion. (2) the accuracy of VBA’s estimate of the Administration (VBA), Department of Estimated Number of Respondents: burden of the proposed collection of Veterans Affairs, has submitted the 5,000. information; (3) ways to enhance the collection of information abstracted Dated: May 20, 2005. quality, utility, and clarity of the below to the Office of Management and By direction of the Secretary. information to be collected; and (4) Budget (OMB) for review and comment. ways to minimize the burden of the Denise McLamb, The PRA submission describes the collection of information on Program Analyst, Records Management respondents, including through the use nature of the information collection and Service. of automated collection techniques or its expected cost and burden; it includes [FR Doc. E5–2709 Filed 5–26–05; 8:45 am] the actual data collection instrument. the use of other forms of information BILLING CODE 8320–01–P technology. DATES: Comments must be submitted on Title: Conflicting Interests or before June 27, 2005. Certification for Proprietary Schools, VA FOR FURTHER INFORMATION OR A COPY OF DEPARTMENT OF VETERANS form 22–1919. THE SUBMISSION CONTACT: Denise AFFAIRS OMB Control Number: 2900–0657. McLamb, Records Management Service Type of Review: Extension of a (005E3), Department of Veterans Affairs, [OMB Control No. 2900–0658] currently approved collection. 810 Vermont Avenue, NW., Abstract: VA pays education benefits Agency Information Collection Washington, DC 20420, (202) 273–8030 Activities Under OMB Review to veterans and other eligible person or FAX (202) 273–5981. Please refer to pursuing approved programs of ‘‘OMB Control No. 2900–0270.’’ Send AGENCY: Veterans Benefits education. 38 U.S.C. 3683 prohibits comments and recommendations Administration, Department of Veterans employees of VA and State approving concerning any aspect of the Affairs. agency enrolled in a proprietary profit information collection to VA’s Desk ACTION: Notice. school from owning any interest in the Officer, OMB Human Resources and school. Veterans or eligible person who Housing Branch, New Executive Office SUMMARY: In compliance with the is an official authorized to signed Building, Room 10235, Washington, DC Paperwork Reduction Act (PRA) of 1995 certificates of enrollment or verification/ 20503 (202) 395–7316. Please refer to (44 U.S.C. 3501–21), this notice certifications of attendance, an owner or ‘‘OMB Control No. 2900–0270’’ in any announces that the Veterans Benefits an officer are prohibited from receiving correspondence. Administration (VBA), Department of educational assistance based on their Veterans Affairs, has submitted the enrollment in any proprietary school. SUPPLEMENTARY INFORMATION: Title: Financial Counseling Statement, collection of information abstracted The information contained on VA Form below to the Office of Management and 22–1919 completed by propriety schools VA Form 26–8844. OMB Control Number: 2900–0270. Budget (OMB) for review and comment. officials certifying that the institution The PRA submission describes the and enrollees do not have any conflict Type of Review: Extension of a currently approved collection. nature of the information collection and of interest. its expected cost and burden and Affected Public: Business or other for- Abstract: VA personnel and veteran- borrower use VA Form 26–8844 during includes the actual data collection profit. instrument. Estimated Annual Burden: 25 hours. financial counseling service to record Estimated Average Burden Per net income, total expenditure, net DATES: Comments must be submitted on Respondent: 10 minutes. worth, and to suggest areas where or before June 27, 2005.

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FOR FURTHER INFORMATION OR A COPY OF DEPARTMENT OF VETERANS Affected Public: Individuals or THE SUBMISSION CONTACT: Denise AFFAIRS households. Estimated Annual Burden: 1,039 McLamb, Records Management Service [OMB Control No. 2900–0469] (005E3), Department of Veterans Affairs, hours. 810 Vermont Avenue, NW, Washington, Agency Information Collection Estimated Average Burden Per DC 20420, (202) 273–8030 or FAX (202) Activities Under OMB Review Respondent: 30 minutes. Frequency of Response: On occasion. 273–5981 or e-mail: AGENCY: Veterans Benefits Estimated Number of Respondents: [email protected]. Please 2,078. refer to ‘‘OMB Control No. 2900–0658.’’ Administration, Department of Veterans Affairs. Dated: May 20, 2005. Send comments and ACTION: Notice. By direction of the Secretary. recommendations concerning any Denise McLamb, aspect of the information collection to SUMMARY: In compliance with the VA’s OMB Desk Officer, OMB Human Paperwork Reduction Act (PRA) of 1995 Program Analyst, Records Management Service. Resources and Housing Branch, New (44 U.S.C. 3501–3521), this notice [FR Doc. E5–2711 Filed 5–26–05; 8:45 am] Executive Office Building, Room 10235, announces that the Veterans Benefits Washington, DC 20503 (202) 395–7316. Administration (VBA), Department of BILLING CODE 8320–01–P Please refer to ‘‘OMB Control No. 2900– Veterans Affairs, has submitted the collection of information abstracted 0658’’ in any correspondence. DEPARTMENT OF VETERANS below to the Office of Management and AFFAIRS SUPPLEMENTARY INFORMATION: Budget (OMB) for review and comment. Title: Lender Appraisal Processing The PRA submission describes the [OMB Control No. 2900–0623] Program Certification, VA Form 26– nature of the information collection and 0785. its expected cost and burden and Agency Information Collection includes the actual data collection Activities Under OMB Review OMB Control Number: 2900–0658. instrument. AGENCY: Office of Management, Type of Review: Extension of a DATES: Comments must be submitted on Department of Veterans Affairs. currently approved collection. or before June 27, 2005. ACTION: Notice. Abstract: Lenders complete VA Form FOR FURTHER INFORMATION OR A COPY OF SUMMARY: In compliance with the 26–0785 to nominate employees for THE SUBMISSION CONTACT: Denise approval as a VA approved Staff McLamb, Records Management Service Paperwork Reduction Act (PRA) of 1995 Appraisal Reviewer (SAR). Once (005E3), Department of Veterans Affairs, (44 U.S.C. 3501–3521), this notice approved, SAR’s will have the authority 810 Vermont Avenue, NW., announces that the Office of to review real estate appraisals and to Washington, DC 20420, (202) 273–8030, Management (OM), Department of issue notices of values on behalf of VA. FAX (202) 273–5981 or e-mail: Veterans Affairs, has submitted the VA uses the information colleted to [email protected]. Please collection of information abstracted perform oversight of work delegated to refer to ‘‘OMB Control No. 2900–0469.’’ below to the Office of Management and lenders responsible for making Send comments and Budget (OMB) for review and comment. guaranteed VA loans. recommendations concerning any The PRA submission describes the aspect of the information collection to nature of the information collection and An agency may not conduct or its expected cost and burden; it includes sponsor, and a person is not required to VA’s OMB Desk Officer, OMB Human Resources and Housing Branch, New the actual data collection instrument. respond to a collection of information Executive Office Building, Room 10235, DATES: Comments must be submitted on unless it displays a currently valid OMB Washington, DC 20503 (202) 395–7316. or before June 27, 2005. control number. The Federal Register Please refer to ‘‘OMB Control No. 2900– FOR FURTHER INFORMATION OR A COPY OF Notice with a 60-day comment period 0469’’ in any correspondence. THE SUBMISSION CONTACT: Denise soliciting comments on this collection SUPPLEMENTARY INFORMATION: McLamb, Records Management Service of information was published on Title: Certificate Showing Residence (005E3), Department of Veterans Affairs, February 15, 2005, at page 7794–7795. and Heirs of Deceased Veteran or 810 Vermont Avenue, NW., Affected Public: Business or other for- Beneficiary, VA Form 29–541. Washington, DC 20420, (202) 273–8030 profit. OMB Control Number: 2900–0469. or FAX (202) 273–5981 or e-mail [email protected]. Please Estimated Annual Burden: 83 hours. Type of Review: Extension of a currently approved collection. refer to ‘‘OMB Control No. 2900–0623.’’ Estimated Average Burden Per Abstract: VA uses the information Send comments and Respondent: 5 minutes. collected on VA Form 29–541 to recommendations concerning any Frequency of Response: On occasion. establish a claimant’s entitlement to aspect of the information collection to VA’s Desk Officer, OMB Human Estimated Number of Respondents: Government Life Insurance proceeds in Resources and Housing Branch, New 1,000. estate cases when formal administration of the estate is not required. Executive Office Building, Room 10235, Dated: May 20, 2005. An agency may not conduct or Washington, DC 20503 (202) 395–7316. By direction of the Secretary. sponsor, and a person is not required to Please refer to ‘‘OMB Control No. 2900– Denise McLamb, respond to a collection of information 0623’’ in any correspondence. Program Analyst, Records Management unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION: Under the Service. control number. The Federal Register PRA of 1995 (Pub. L. 104–13; 44 U.S.C. [FR Doc. E5–2710 Filed 5–26–05; 8:45 am] Notice with a 60-day comment period 3501–3521), Federal agencies must soliciting comments on this collection obtain approval from the Office of BILLING CODE 8320–01–P of information was published on Management and Budget (OMB) for each January 5, 2005, at page 940. collection of information they conduct

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or sponsor. This request for comment is By direction of the Secretary. (2) the accuracy of (OM)’s estimate of being made pursuant to Section Denise McLamb, the burden of the proposed collection of 3506(c)(2)(A) of the PRA. Program Analyst, Records Management information; (3) ways to enhance the With respect to the following Service. quality, utility, and clarity of the collection of information, (OM) invites [FR Doc. E5–2712 Filed 5–26–05; 8:45 am] information to be collected; and (4) comments on: (1) Whether the proposed BILLING CODE 8320–01–P ways to minimize the burden of the collection of information is necessary collection of information on for the proper performance of (OM)’s respondents, including through the use functions, including whether the DEPARTMENT OF VETERANS of automated collection techniques or information will have practical utility; AFFAIRS the use of other forms of information (2) the accuracy of (OM)’s estimate of [OMB Control No. 2900–0622] technology. the burden of the proposed collection of Title: Department of Veterans Affairs information; (3) ways to enhance the Agency Information Collection Acquisition Regulation (VAAR) Clause quality, utility, and clarity of the Activities Under OMB Review information to be collected; and (4) 852.236–89, Buy American Act. ways to minimize the burden of the AGENCY: Office of Management, OMB Control Number: 2900–0622. collection of information on Department of Veterans Affairs. Type of Review: Extension of a respondents, including through the use ACTION: Notice. of automated collection techniques or currently approved collection. the use of other forms of information SUMMARY: In compliance with the Abstract: The Buy American Act technology. Paperwork Reduction Act (PRA) of 1995 requires that only domestic construction Title: Department of Veterans Affairs (44 U.S.C. 3501–3521), this notice material shall be used to perform Acquisition Regulation (VAAR) Clause announces that the Office of domestic Federal contracts for 852.236.91, Special Notes. Management (OM), Department of construction, with certain exceptions. OMB Control Number: 2900–0623. Veterans Affairs, has submitted the Despite the allowable exceptions, it is Type of Review: Extension of a collection of information abstracted VA policy not to accept foreign currently approved collection. below to the Office of Management and construction material. VAAR clause Abstract: VAAR Clause 852.236.91 Budget (OMB) for review and comment. 852.236–89 advises bidders of theses requires bidders to furnish information The PRA submission describes the provisions and requires bidders who on previous experience, technical nature of the information collection and choose to submit a bid that includes qualifications, financial resources, and its expected cost and burden; it includes foreign construction material to identify facilities available to perform the work. the actual data collection instrument. and list the price of such material. VA The clause also requires contractors DATES: Comments must be submitted on uses the information to determine submitting a claim for price adjustment or before June 27, 2005. whether to accept or not accept a bid due to severe weather delay to provide FOR FURTHER INFORMATION OR A COPY OF climatologically data covering the that includes foreign construction THE SUBMISSION CONTACT: Denise material. period of the claim and covering the McLamb, Records Management Service same period for the ten preceding years. (005E3), Department of Veterans Affairs, An agency may not conduct or VA uses the data collected to evaluate 810 Vermont Avenue, NW, Washington, sponsor, and a person is not required to the bidder’s qualification and DC 20420, (202) 273–8030 or FAX (202) respond to a collection of information responsibility, and to evaluate the 273–5981 or e-mail unless it displays a currently valid OMB contractor’s claims for contract price [email protected]. Please control number. The Federal Register adjustment due to weather-related refer to ‘‘OMB Control No. 2900–0622.’’ Notice with a 60-day comment period delays. Send comments and soliciting comments on this collection An agency may not conduct or recommendations concerning any of information was published on sponsor, and a person is not required to aspect of the information collection to January 5, 2005, at page 941. respond to a collection of information VA’s Desk Officer, OMB Human unless it displays a currently valid OMB Affected Public: Business or other for- Resources and Housing Branch, New control number. The Federal Register profit; Individuals and households; and Executive Office Building, Room 10235, Notice with a 60-day comment period Not-for-profit institutions. Washington, DC 20503 (202) 395–7316. soliciting comments on this collection Please refer to ‘‘OMB Control No. 2900– Estimated Annual Burden: 20 hours. of information was published on 0622’’ in any correspondence. Estimated Average Burden Per January 5, 2005, at page 939. Affected Public: Business or other for- SUPPLEMENTARY INFORMATION: Under the Respondent: 30 min. profit; Individuals and households; and PRA of 1995 (Public Law 104–13; 44 Frequency of Response: On occasion. Not-for-profit institutions. U.S.C. 3501–3521), Federal agencies must obtain approval from the Office of Estimated Number of Respondents: Estimated Annual Burden: 778 hours. 40. a. Qualifications Data: 758 hours. Management and Budget (OMB) for each b. Weather Data: 20 hours. collection of information they conduct Dated: May 20, 2005. Estimated Average Burden Per or sponsor. This request for comment is By direction of the Secretary. Respondent: being made pursuant to Section Denise McLamb, a. Qualifications Data: 30 min. 3506(c)(2)(A) of the PRA. b. Weather Data: 1 hour. With respect to the following Program Analyst, Records Management Service. Frequency of Response: On occasion. collection of information, (OM) invites Estimated Number of Respondents: comments on: (1) Whether the proposed [FR Doc. E5–2713 Filed 5–26–05; 8:45 am] 1,536. collection of information is necessary BILLING CODE 8320–01–P a. Qualifications Data: 1516. for the proper performance of (OM)’s b. Weather Data: 20. functions, including whether the Dated: May 20, 2005. information will have practical utility;

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DEPARTMENT OF VETERANS Estimated Annual Burden: 5,069 release of liability and substitution of AFFAIRS hours. entitlement cases. VA may release Estimated Average Burden Per original veteran obligors from personal [OMB Control No. 2900–0120] Respondent: 15 minutes. liability arising from the original Agency Information Collection Frequency of Response: On occasion. guaranty of their home loans, or the Activities Under OMB Review Estimated Number of Respondents: making of a direct loan, provided the 20,277. purchasers/assumers meet the AGENCY: Veterans Benefits Dated: May 20, 2005. creditworthiness requirements. It is also Administration, Department of Veterans By direction of the Secretary. used to determine a borrower’s financial Affairs. Denise McLamb, condition in connection with efforts to ACTION: reinstate a seriously defaulted Notice. Program Analyst, Records Management Service. guaranteed, insured, or portfolio loan, SUMMARY: In compliance with the and to determine homeowners’ [FR Doc. E5–2714 Filed 5–26–05; 8:45 am] Paperwork Reduction Act (PRA) of 1995 eligibility for aid under the (44 U.S.C. 3501–3521), this notice BILLING CODE 8320–01–P Homeowners Assistance Program, announces that the Veterans Benefits which provides assistance by reducing Administration (VBA), Department of losses incident to the disposal of homes Veterans Affairs, has submitted the DEPARTMENT OF VETERANS AFFAIRS when military installations at which the collection of information abstracted homeowners were employed or serving below to the Office of Management and [OMB Control No. 2900–0047] are ordered closed. Budget (OMB) for review and comment. An agency may not conduct or The PRA submission describes the Agency Information Collection sponsor, and a person is not required to nature of the information collection and Activities Under OMB Review respond to a collection of information its expected cost and burden and AGENCY: Veterans Benefits unless it displays a currently valid OMB includes the actual data collection Administration, Department of Veterans control number. The Federal Register instrument. Affairs. Notice with a 60-day comment period DATES: Comments must be submitted on ACTION: Notice. soliciting comments on this collection or before June 27, 2005. of information was published on FOR FURTHER INFORMATION OR A COPY OF SUMMARY: In compliance with the January 5, 2005, at page 942. Affected Public: Individuals or THE SUBMISSION CONTACT: Denise Paperwork Reduction Act (PRA) of 1995 McLamb, Records Management Service (44 U.S.C. 3501–3521), this notice households. Estimated Annual Burden: 7,500 (005E3), Department of Veterans Affairs, announces that the Veterans Benefits hours. 810 Vermont Avenue, NW., Administration (VBA), Department of Veterans Affairs, has submitted the Estimated Average Burden Per Washington, DC 20420, (202) 273–8030, Respondent: 45 minutes. FAX (202) 273–5981 or e-mail: collection of information abstracted below to the Office of Management and Frequency of Response: On Occasion. [email protected]. Please Estimated Number of Respondents: Budget (OMB) for review and comment. refer to ‘‘OMB Control No. 2900–0120.’’ 10,000. Send comments and The PRA submission describes the recommendations concerning any nature of the information collection and Dated: May 20, 2005. aspect of the information collection to its expected cost and burden; it includes By direction of the Secretary. VA’s OMB Desk Officer, OMB Human the actual data collection instrument. Cindy Stewart, Resources and Housing Branch, New DATES: Comments must be submitted on Program Analyst, Records Management Executive Office Building, Room 10235, or before June 27, 2005. Service. Washington, DC 20503 (202) 395–7316. FOR FURTHER INFORMATION OR A COPY OF [FR Doc. E5–2715 Filed 5–26–05; 8:45 am] Please refer to ‘‘OMB Control No. 2900– THE SUBMISSION CONTACT: Denise BILLING CODE 8320–01–P 0120’’ in any correspondence. McLamb, Records Management Service SUPPLEMENTARY INFORMATION: (005E3), Department of Veterans Affairs, Title: Report of Treatment by 810 Vermont Avenue, NW, Washington, DEPARTMENT OF VETERANS Attending Physician, VA Form 29–551a. DC 20420, (202) 273–8030 or FAX (202) AFFAIRS OMB Control Number: 2900–0120. 273–5981. Please refer to ‘‘OMB Control Cost-of-Living Adjustments and Type of Review: Extension of a No. 2900–0047.’’ Headstone or Marker Allowance Rate currently approved collection. Send comments and Abstract: VA Form 29–551a is used to recommendations concerning any AGENCY: Department of Veterans Affairs. collect information from attending aspect of the information collection to ACTION: Notice. physician to determine the claimant’s VA’s Desk Officer, OMB Human eligibility for disability insurance Resources and Housing Branch, New SUMMARY: As required by law, the benefits. Executive Office Building, Room 10235, Department of Veterans Affairs (VA) is An agency may not conduct or Washington, DC 20503 (202) 395–7316. hereby giving notice of cost-of-living sponsor, and a person is not required to Please refer to ‘‘OMB Control No. 2900– adjustments (COLAs) in certain benefit respond to a collection of information 0047’’ in any correspondence. rates and income limitations. These unless it displays a currently valid OMB SUPPLEMENTARY INFORMATION: COLAs affect the pension, parents’ control number. The Federal Register Title: Financial Statement, VA Form dependency and indemnity Notice with a 60-day comment period 26–6807. compensation (DIC), spina bifida, and soliciting comments on this collection OMB Control Number: 2900–0047. birth defects programs. These of information was published on Type of Review: Extension of a adjustments are based on the rise in the January 5, 2005, at page 940–941. currently approved collection. Consumer Price Index (CPI) during the Affected Public: Individuals or Abstract: The data collected on VA one year period ending September 30, households. Form 26–6807 is used to determine 2004. VA is also giving notice of the

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maximum amount of reimbursement the same percentage, and effective the American War veteran alone, that may be paid for headstones or same date, as increases in the benefit $11,596 markers purchased in lieu of amounts payable under title II of the Surviving Spouse of Spanish- Government-furnished headstones or Social Security Act. The increased rates American War veteran with one markers in Fiscal Year 2005, which and income limitations are also required child in custody, $13,699 began on October 1, 2004. to be published in the Federal Register. For each additional child in his or her DATES: These COLAs are effective The Social Security Administration custody, $1,734 December 1, 2004. The headstone or has announced that there will be a 2.7 (7) Surviving spouses who are marker allowance rate is effective percent cost-of-living increase in Social housebound (38 U.S.C. 1541): October 1, 2004. Security benefits effective December 1, Surviving spouse alone, $8,328 FOR FURTHER INFORMATION CONTACT: 2004. Therefore, applying the same Surviving spouse and one child in his Pamela C. Liverman, Consultant, percentage and rounding up in or her custody, $10,432 Compensation and Pension Service accordance with 38 CFR 3.29, the For each additional child in his or her (212A), Veterans Benefits following increased rates and income custody, $1,734 Administration, Department of Veterans limitations for the VA pension and (8) Surviving child alone (38 U.S.C. Affairs, 810 Vermont Avenue, NW., parents’ DIC programs will be effective 1542), $1,734 Washington, DC 20420, (757) 858–6148, December 1, 2004: Reduction for income. The rate ext. 107. Table 1.—Improved Pension payable is the applicable maximum rate SUPPLEMENTARY INFORMATION: Under 38 minus the countable annual income of Maximum Annual Rates U.S.C. 2306(d), VA may provide the eligible person. (38 U.S.C. 1521, reimbursement for the cost of non- (1) Veterans permanently and totally 1541 and 1542). Government headstones or markers at a disabled (38 U.S.C. 1521): Mexican border period and World rate equal to the actual cost or the Veteran with no dependents, $10,162 War I veterans. The applicable average actual cost of Government- Veteran with one dependent, $13,309 maximum annual rate payable to a furnished headstones or markers during For each additional dependent, Mexican border period or World War I the fiscal year preceding the fiscal year $1,734 veteran under this table shall be in which the non-Government (2) Veterans in need of aid and increased by $2,305 . (38 U.S.C. 1521(g)) headstone or marker was purchased, attendance (38 U.S.C. 1521): Parents’ DIC whichever is less. Veteran with no dependents, $16,955 Section 8041 of Pub. L. 101–508 Veteran with one dependent, $20,099 DIC shall be paid monthly to parents amended 38 U.S.C. 2306(d) to eliminate For each additional dependent, of a deceased veteran in the following the payment of the monetary allowance $1,734 amounts (38 U.S.C. 1315): in lieu of VA-provided headstone or (3) Veterans who are housebound (38 One parent. If there is only one marker for deaths occurring on or after U.S.C. 1521): parent, the monthly rate of DIC paid to November 1, 1990. However, in a Veteran with no dependents, $12,419 such parent shall be $487 reduced on precedent opinion (O. G. C. Prec. 17– Veteran with one dependent, $15,566 the basis of the parent’s annual income 90), VA’s General Counsel held that For each additional dependent, according to the following formula: there is no limitation period applicable $1,734 to claims for benefits under the (4) Two veterans married to one TABLE 2 provisions of 38 U.S.C. 2306(d). another, combined rates (38 U.S.C. [For each $1 of annual income] The average actual cost of 1521): Government-furnished headstones or Neither veteran in need of aid and The $487 monthly rate— attendance or housebound, $13,309 markers during any fiscal year is Shall be reduced Which is But not determined by dividing the sum of VA Either veteran in need of aid and by more than more than costs during that fiscal year for attendance, $20,099 procurement, transportation, and Both veterans in need of aid and $0.00 ...... 0 $800 miscellaneous administration, attendance, $26,187 .08 ...... $800 11,560 inspection and support staff by the total Either veteran housebound, $15,566 number of headstones and markers Both veterans housebound, $17,824 No DIC is payable under this table if procured by VA during that fiscal year One veteran housebound and one annual income exceeds $11,560. and rounding to the nearest whole veteran in need of aid and One parent who has remarried. If dollar amount. attendance, $22,353 there is only one parent and the parent The average actual cost of For each dependent child, $1,734 has remarried and is living with the Government-furnished headstones or (5) Surviving spouse alone and with a parent’s spouse, DIC shall be paid under markers for Fiscal Year 2004 under the child or children of the deceased Table 2 or under Table 4, whichever above computation method was $113. veteran in custody of the surviving shall result in the greater benefit being Therefore, effective October 1, 2004, the spouse (38 U.S.C. 1541): paid to the veteran’s parent. In the case maximum rate of reimbursement for Surviving spouse alone, $6,814 of remarriage, the total combined annual non-Government headstones or markers Surviving spouse and one child in his income of the parent and the parent’s purchased during Fiscal Year 2005 is or her custody, $8,921 spouse shall be counted in determining $113. For each additional child in his or her the monthly rate of DIC. custody, $1,734 Two parents not living together. The Cost of Living Adjustments (6) Surviving spouses in need of aid and rates in Table 3 apply to (1) two parents Under the provisions of 38 U.S.C. attendance (38 U.S.C. 1541): who are not living together, or (2) an 5312 and section 306 of Pub. L. 95–588, Surviving spouse alone, $10,893 unmarried parent when both parents are VA is required to increase the benefit Surviving spouse with one child in living and the other parent has rates and income limitations in the custody, $12,996 remarried. The monthly rate of DIC paid pension and parents’ DIC programs by Surviving Spouse of Spanish- to each such parent shall be $352

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reduced on the basis of each parent’s The rates in this table are also Spina Bifida Benefits annual income, according to the applicable in the case of one surviving Section 421 of Public Law 104–204 following formula: parent who has remarried, computed on added a new chapter 18 to title 38, the basis of the combined income of the United States Code, authorizing VA to TABLE 3 parent and spouse, if this would be a provide certain benefits, including a [For each $1 of annual income] greater benefit than that specified in monthly monetary allowance, to Table 2 for one parent. children born with spina bifida who are The $352 monthly rate— Aid and attendance. The monthly rate natural children of veterans who served of DIC payable to a parent under Tables in the Republic of Vietnam during the Shall be reduced Which is But not 2 through 4 shall be increased by $263 by more than more than Vietnam era. Pursuant to 38 U.S.C. if such parent is (1) a patient in a 1805(b)(3), spina bifida rates are subject $0.00 ...... 0 $800 nursing home, or (2) helpless or blind, to adjustment under the provisions of 38 .06 ...... $800 900 or so nearly helpless or blind as to need U.S.C. 5312, which provides for the .07 ...... 900 1,100 or require the regular aid and adjustment of certain VA benefit rates .08 ...... 1,100 11,560 attendance of another person. whenever there is an increase in benefit Minimum rate. The monthly rate of amounts payable under title II of the DIC payable to any parent under Tables No DIC is payable under this table if Social Security Act (42 U.S.C. 401 et 2 through 4 shall not be less than $5. annual income exceeds $11,560. seq.). Effective December 1, 2004, spina Two parents living together or TABLE 5.—SECTION 306 PENSION bifida monthly rates are as follows: remarried parents living with spouses. INCOME LIMITATIONS Level I: $244. The rates in Table 4 apply to each (1) Veteran or surviving spouse with Level II: $844. parent living with another parent; and no dependents, $11,560 (Pub. L. 95–588, Level III: $1,440. each remarried parent, when both section 306(a)). Birth Defects Benefits parents are alive. The monthly rate of (2) Veteran with no dependents in DIC paid to such parents will be $330 need of aid and attendance, $12,060 (38 Section 401 of Public Law 106–419 reduced on the basis of the combined U.S.C. 1521(d) as in effect on December authorizes the payment of monetary annual income of the two parents living 31, 1978). benefits to, or on behalf of, children of together or the remarried parent or (3) Veteran or surviving spouse with female Vietnam veterans born with parents and spouse or spouses, as one or more dependents, $15,538 (Pub. certain birth defects. Pursuant to 38 computed under the following formula: L. 95–588, section 306(a)). U.S.C. 1815(d), birth defects rates are (4) Veteran with one or more subject to adjustment under the TABLE 4 dependents in need of aid and provisions of 38 U.S.C. 5312, which [For each $1 of annual income] attendance, $16,038 (38 U.S.C. 1521(d) provides for the adjustment of certain as in effect on December 31, 1978). VA benefit rates whenever there is an The $330 monthly rate (5) Child (no entitled veteran or increase in benefit amounts payable surviving spouse), $9,450 (Pub. L. 95– under title II of the Social Security Act Shall be reduced Which is But not by more than more than 588, section 306(a)). (42 U.S.C. 401 et seq.). Effective (6) Spouse income exclusion (38 CFR December 1, 2004, birth defects monthly $.00 ...... 0 $1,000 3.262), $3,688 (Pub. L. 95–588, section rates are as follows: .03 ...... $1,000 1,500 306(a)(2)(B)). Level I: $111. .04 ...... 1,500 1,900 TABLE 6.—OLD-LAW PENSION Level II: $244. .05 ...... 1,900 2,400 Level III: $844. .06 ...... 2,400 2,900 INCOME LIMITATIONS Level IV: $1,440. .07 ...... 2,900 3,200 (1) Veteran or surviving spouse .08 ...... 3,200 15,538 without dependents or an entitled child, Dated: May 19, 2005. $10,120 (Pub. L. 95–588, section 306(b)). Gordon H. Mansfield, No DIC is payable under this table if (2) Veteran or surviving spouse with Deputy Secretary of Veterans Affairs. combined annual income exceeds one or more dependents, $14,589 (Pub. [FR Doc. 05–10609 Filed 5–26–05; 8:45 am] $15,538. L. 95–588, section 306(b)). BILLING CODE 8320–01–P

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Part II

Department of Health and Human Services Centers for Medicare & Medicaid Services

42 CFR Part 418 Medicare and Medicaid Programs: Hospice Conditions of Participation; Proposed Rule

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DEPARTMENT OF HEALTH AND please call telephone number (410) 786– programs. Historically, we have adopted HUMAN SERVICES 9994 in advance to schedule your a quality assurance approach that has arrival with one of our staff members. been directed toward identifying health Centers for Medicare & Medicaid Room 445–G, Hubert H. Humphrey care providers that furnish poor quality Services Building, 200 Independence Avenue, care or fail to meet minimum Federal SW., Washington, DC 20201; or 7500 standards. These problems would either 42 CFR Part 418 Security Boulevard, Baltimore, MD be corrected or would lead to the [CMS–3844–P] 21244–1850. exclusion of the provider from (Because access to the interior of the participation in the Medicare or RIN 0938–AH27 HHH Building is not readily available to Medicaid programs. However, we have persons without Federal Government found that this problem-focused Medicare and Medicaid Programs: identification, commenters are approach has inherent limits. Ensuring Hospice Conditions of Participation encouraged to leave their comments in quality through the enforcement of AGENCY: Centers for Medicare & the CMS drop slots located in the main prescriptive health and safety standards, Medicaid Services (CMS), HHS. lobby of the building. A stamp-in clock rather than improving the quality of care ACTION: Proposed rule. is available for persons wishing to retain for all patients, has resulted in our a proof of filing by stamping in and expending much of our resources on SUMMARY: This proposed rule would retaining an extra copy of the comments dealing with marginal providers, rather revise the existing conditions of being filed.) than on stimulating broad-based participation that hospices must meet to Comments mailed to the addresses improvements in quality of care. participate in the Medicare and indicated as appropriate for hand or Eliciting quality health care for Medicaid programs. The proposed courier delivery may be delayed and Federal beneficiaries from CMS-certified requirements focus on the care received after the comment period. providers and suppliers requires taking delivered to patients and their families Submission of comments on advantage of continuing advances in the by hospices and the outcomes of that paperwork requirements. You may health care delivery field. As a result, care. The proposed requirements submit comments on this document’s we are revising the Medicare hospice continue to reflect an interdisciplinary paperwork requirements by mailing requirements, which are also used by view of patient care and allow hospices your comments to the addresses Medicaid, to focus on a patient- flexibility in meeting quality standards. provided at the end of the ‘‘Collection centered, outcome-oriented process that These changes are an integral part of the of Information Requirements’’ section in promotes patient care foremost, rather Administration’s efforts to achieve this document. than penalizing unproductive providers. broad-based improvements in the For information on viewing public We have developed a set of core quality of health care furnished through comments, see the beginning of the requirements for hospice services that the Medicare and Medicaid programs. SUPPLEMENTARY INFORMATION section. encompass the following: Patient rights, DATES: We will consider comments if FOR FURTHER INFORMATION CONTACT: comprehensive assessment, and patient we receive them at the appropriate Mary Rossi-Coajou, (410) 786–6051. care planning and coordination by a address, as provided below, no later Danielle Shearer, (410) 786–6617. hospice interdisciplinary group (IDG). than 5 p.m. on July 26, 2005. Steve Miller, (410) 786–6656. Overarching these requirements is a quality assessment and performance ADDRESSES: In commenting, please refer SUPPLEMENTARY INFORMATION: to file code CMS–3844–P. Because of Submitting Comments: We welcome improvement program that builds on the staff and resource limitations, we cannot comments from the public on all issues philosophy that a provider’s own accept comments by facsimile (FAX) set forth in this rule to assist us in fully quality management system is key to transmission. considering issues and developing improved patient care performance. The You may submit comments in one of policies. You can assist us by objective is to achieve a balanced three ways (no duplicates, please): referencing the file code CMS–3844–P regulatory approach by ensuring that a 1. Electronically. You may submit and the specific ‘‘issue identifier’’ that hospice furnishes health care that meets electronic comments to http:// precedes the section on which you essential health and quality standards, www.cms.hhs.gov/regulations/ choose to comment. while ensuring that it monitors and ecomments (attachments should be in Inspection of Public Comments: improves its own performance. Microsoft Word, WordPerfect, or Excel; Comments received timely will be To achieve this objective, we are however, we prefer Microsoft Word). available for public inspection as they working to revise not only the hospice 2. By mail. You may mail written are received, generally beginning requirements but the requirements for comments (one original and two copies) approximately 3 weeks after publication several other major health care provider to the following address ONLY: Centers of a document, at the headquarters of types, such as hospitals, home health for Medicare & Medicaid Services, the Centers for Medicare & Medicaid agencies, and end-stage renal disease Department of Health and Human Services, 7500 Security Boulevard, facilities, through separate rules. All of Services, Attention: CMS–3844–P, P.O. Baltimore, Maryland 21244, Monday the revised requirements are directed Box 8010, Baltimore, MD 21244–8010. through Friday of each week from 8:30 towards improving patient outcomes of Please allow sufficient time for mailed a.m. to 4 p.m. To schedule an care and satisfaction. comments to be received before the appointment to view public comments, II. Background close of the comment period. phone 1–800–743–3951. 3. By hand or courier. If you prefer, A. The Medicare Hospice Benefit you may deliver (by hand or courier) I. Introduction Hospice care is an approach to caring your written comments (one original As the single largest payer for health for the terminally ill individual that and two copies) before the close of the care services in the United States, the provides palliative care rather than comment period to one of the following Federal Government assumes a critical traditional medical care and curative addresses. If you intend to deliver your responsibility for the delivery and treatment. Palliative care is treatment comments to the Baltimore address, quality of care furnished under its for the relief of pain and other

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uncomfortable symptoms through the two largest changes that resulted from even though the requirements had no appropriate coordination of all aspects the Committee’s recommendations are relevance to the needs of the patient. of care needed to maximize personal the clarification of the relationship Thus, revisions to the hospice CoPs are comfort and relieve distress. Hospice between nursing facilities and hospices essential. care allows the patient to remain at at proposed § 418.112, and the changes C. Transforming the Hospice Conditions home as long as possible by providing to the nursing services standard at support to the patient and family, and proposed § 418.110(b). of Participation keeping the patient as comfortable as Our second consideration was the Before developing these proposed possible while maintaining his or her Balanced Budget Act of 1997 (Pub. L. CoPs for hospices, we received advice dignity and quality of life. A hospice 105–33) because it made changes to the and suggestions from the hospice uses an interdisciplinary approach to hospice statute that need to be industry, professional associations, deliver medical, social, physical, incorporated into the CoPs. practitioner communities, consumer emotional, and spiritual services Our third consideration was advocates, and State and other through the use of a broad spectrum of prompted by sections 408 and 946 of the governmental agencies with an interest caregivers. Medicare Prescription Drug, in, or responsibility for, hospice Section 122 of the Tax Equity and Improvement, and Modernization Act of regulation and oversight. Based on these Fiscal Responsibility Act of 1982 2003 (Pub. L. 108–173). Section 408 suggestions, we have developed the (TEFRA), Public Law 97–248, added amended the Social Security Act to following principles: section 1861(dd) to the Social Security permit a nurse practitioner to be • Focus on the continuous, integrated Act (the Act) to provide coverage for deemed a patient’s attending physician health care process that a patient/family hospice care to terminally ill Medicare when the patient elects hospice care. experiences across all aspects of hospice beneficiaries who elect to receive care Section 946 amended section 1861(dd), care, and on activities that center from a Medicare-participating hospice. Hospice Care: Hospice Program, of the around patient assessment, care Under the authority of section Act to permit a hospice to enter into an planning, service delivery, and quality 1861(dd) of the Act, the Secretary has arrangement with another hospice to assessment and performance established the Conditions of provide core hospice services, or to improvement. Participation (CoPs) that a hospice must provide highly specialized services of a • Use a patient-centered, meet to participate in Medicare and/or registered professional nurse, in certain interdisciplinary approach that Medicaid, and these are currently set circumstances. recognizes the contributions of various forth at 42 CFR part 418. The CoPs Finally, this revision is part of a larger skilled professionals and other support apply to a hospice as an entity as well effort to bring about improvements in personnel and their interaction with as to the services furnished to each the quality of care furnished to each other to meet the patient’s needs. individual under hospice care. Under Medicare and Medicaid beneficiaries • Incorporate an outcome-oriented section 1861(dd) of the Act, the through an outcome-oriented approach quality assessment and performance Secretary is responsible for ensuring to quality of care responsibilities. The improvement program. that the CoPs, and their enforcement, existing hospice CoPs do not contain • Facilitate flexibility in how a are adequate to protect the health and patient-centered, outcome-oriented hospice meets performance safety of individuals under hospice care standards, nor do they provide for the expectations. and to promote the effective and operation of a quality assessment and • Require that patient rights are efficient use of Medicare funds. To performance improvement program. ensured. implement this requirement, State Historically, we have established • Use performance measurement survey agencies conduct surveys of requirements for participation in the systems to evaluate and improve care. hospices to assess their compliance with Medicare program that address the Based on these principles, we are the CoPs. structure and process of health care. proposing to set forth four core These early requirements are the result conditions of participation: Patient B. Why Revise the Conditions of of professional consensus. Enforcing Rights, Patient/Family Assessment, Participation? structure and process requirements by Interdisciplinary Care Planning and The hospice CoPs were originally identifying deficient providers has not Coordination of Services, and Quality promulgated on December 16, 1983 (48 been adequate to meet the growing Assessment and Performance FR 56008) and were amended on challenges associated with the changing Improvement. December 11, 1990 (55 FR 50831) hospice care environment. For example, • The Patient Rights CoP emphasizes largely to implement provisions of rather than focusing on the relationship a hospice’s responsibility to respect and section 6005(b) of the Omnibus Budget between the needs of patients and the promote the rights of each hospice Reconciliation Act of 1989 (Pub. L. 101– staff available in an inpatient facility, patient. 239). However, many of the current the current regulations require that a • The comprehensive Patient/Family CoPs have remained unchanged since registered nurse be present on every Assessment CoP reflects the critical their inception. shift. Hospices often contract with local nature of a comprehensive assessment We are proposing changes to the nursing facilities to provide inpatient in determining appropriate treatments current CoPs based on four main respite care, and these facilities are only and accomplishing desired health considerations. First, we considered the required to have a registered nurse on outcomes. suggestions that emerged from the duty for a single eight hour shift each • The Care Planning and Secretary’s Advisory Committee on day. A hospice would have to Coordination of Services CoP Regulatory Reform. In an effort to make supplement the nursing facility’s staff incorporates the interdisciplinary team regulations more predictable and with its own, at a significant cost to the approach to providing hospice care. responsive to relevant stakeholders, the hospice, even if the needs and acuity of • The Quality Assessment and Committee heard public testimony on a the patient do not require a registered Performance Improvement CoP charges variety of hospice related topics and nurse. A hospice that did not each hospice with the responsibility for developed recommendations to address supplement the facility’s staff could be carrying out a performance effort to key issues that were highlighted. The cited for not meeting the requirements, effect continuing improvement in the

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quality of care it furnishes to its patients These requirements would focus (NHWG) and the National Hospice and and their families. provider and surveyor efforts on the Palliative Care Organization (NHPCO) in The last three requirements establish actual care delivered to the patient, the 1999. We participated in the a cycle of individual care and hospice- performance of the hospice as an development of the measures and wide performance improvement. First, organization, and the impact of the provided technical assistance for pilot the patient’s needs are comprehensively medical, physical, social, emotional, testing of the measures. The Task Force assessed and outcome measure data are and spiritual care delivered to the was invited to present the results of the collected. Second, the interdisciplinary patient. measurement development work and group, in consultation with the patient’s We are proposing to retain some of results of the pilot studies to us in attending physician, establishes a plan the current process-oriented November 2000. of care to address those needs. Third, requirements when they are likely to The work of the Task Force resulted the plan of care is implemented and the produce desirable outcomes and/or in four measures for the outcome results of the care are evaluated through prevent harmful outcomes. These domains of self-determination, comfort, updates of the comprehensive proposed CoPs invest in hospices the safety, and effective grieving. The assessment and plan of care. Fourth, the responsibility for improving patient care hospice industry rapidly moved to outcome measure data collected during performance, rather than relying on an include these four measures in the data the initial and updated comprehensive externally based approach where set that they encourage member assessments are analyzed to identify prescriptive requirements are enforced hospices to use and report. The data practices that lead to positive outcomes through the punitive aspects of the elements and instructions for using the as well as opportunities for survey process. measures are publicly available on the improvement. Finally, the hospice uses This change signals an opportunity NHPCO Web site at http:// the results of such analyses to for CMS, hospices, and States to join in www.nhpco.org. a partnership for improvement. When implement performance improvement These outcome-based measures are implemented, hospice programming activities. These activities will influence part of a national reporting process will reflect a patient-centered, outcome- the establishment of plans of care and created by the hospice industry. If a oriented approach that will likely alter their implementation, thus creating a hospice chooses to participate in the the manner in which CMS and States continuous cycle of individual care and NHCPO process, it submits its data to manage the survey process. We believe an ongoing effort to improve the the NHPCO (or its contractor). Reports that this approach will provide hospice’s performance related to are then generated for a hospice to opportunities for improvement in identified outcomes of care for all compare its performance with other patient care that have been lacking in patients. hospices. The hospice may also choose the past. The addition of a strong quality This cycle of care adapts to changing to send additional information for the assessment and performance standards of practice while addressing NHPCO reporting process in the areas of improvement requirement will issues that surveyors have identified. pertinent utilization data, stimulate the hospice to continuously Below is a list of the most cited appropriateness and effectiveness of monitor its performance and find deficiencies found by surveyors (year services, and patient/family satisfaction. opportunities for improvement. ending September 3, 2002): All hospices that participate in the 1. Plan of care was not complete. D. Development of Outcome-Based NHPCO reporting process must comply 2. No written plan was established. Performance Measures for Hospices with regulations mandated by the 3. Plan was not reviewed at specific [If you choose to comment on issues in Health Insurance Portability and intervals. Accountability Act of 1996 (Pub.L. 104– 4. Plan did not include an assessment this section, please include the caption 191, ‘‘HIPAA’’). Regulations of needs. ‘‘OUTCOME-BASED PERFORMANCE implementing HIPAA were published 5. Plan was not established before MEASURES’’ at the beginning of your on December 28, 2000 (65 FR 82462) providing care. comments.] 6. RN supervisory visits were not We are proposing to require that and were amended on August 14, 2002 made for home health aide services. hospices implement an outcome-based (67 FR 53182). 7. No plan of care was included for internal performance improvement We are not proposing to require that bereavement services. program that can be used to measure hospices participate in the NHPCO 8. Hospice did not conduct a self- individual patient outcomes. The process described above, but hospices assessment of quality and care provided. information a hospice gleans from its may choose to use some of the measures 9. Clinical record was not maintained own data analysis will serve as a the NHPCO is already using as part of for every patient. baseline for hospice quality its comprehensive assessment of the 10. Interdisciplinary group did not improvement. Measures quantify quality patient, and as part of the organization’s review and update the plan of care for and are tools for the hospice to use in quality assessment and performance each patient. assessing and improving patient care, improvement program. Hospices may We note that 8 of the 10 top outcomes, and satisfaction. An outcome also develop their own data elements deficiencies are related to plan of care, based performance program can help and measurement processes. assessment, and quality assurance. hospices improve the effectiveness and Participating in the NHPCO outcome Based on industry comments and our efficiency of their services, improve the measurement and reporting process own surveys, we believe that the current outcomes of care they provide, and would assist hospices in meeting the plan of care condition contained in increase patient satisfaction with their requirements of proposed § 418.54(e). At § 418.58 must be strengthened. We did services. this time, we are neither proposing that this by creating a separate condition for Hospice outcome measures, data hospices use any particular measures of the assessment of individual needs and elements, tools, and instructions for outcomes, nor that they report data to for the time frames related to that using them have already been us. However, we may consider doing so assessment. We also revised the quality developed by the industry. A Task Force in the future. assurance requirement and strengthened initiative was sponsored and convened We invite comments from the public the plan of care requirement. by the National Hospice Work Group on this aspect of the proposed rule.

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III. Provisions of the Proposed Attending physician means a— Clinical note means a notation of a Regulations (a)(1) Doctor of medicine or contact with the patient that is written osteopathy legally authorized to practice and dated by any person providing A. Overview medicine and surgery by the State in services, and that describes signs and Under our proposal, the hospice which he or she performs that function symptoms, treatments and medications conditions of participation would or action; or (2) Nurse practitioner who administered, including the patient’s continue to be set forth in regulations meets the training, education and reaction and/or response, and any under 42 CFR part 418. However, since experience requirements as the changes in physical or emotional many of the existing requirements in Secretary may prescribe; and condition. part 418 would be revised, consolidated (b) Is identified by the individual, at Drug restraint means a medication with other requirements, or eliminated, the time he or she elects to receive used to control behavior or to restrict we are proposing changes to the existing hospice care, as having the most the patient’s freedom of movement organizational scheme. A significant significant role in the determination and which is not a standard treatment for a change would be to group all CoPs delivery of the individual’s medical patient’s medical or psychiatric directly related to patient care and place care. condition. them together in a separate subpart. Here after, except as indicated, the Employee means a person who works CoPs concerning hospice organization term ‘‘attending physician’’ includes for the hospice and for whom the and administration would be contained nurse practitioners. hospice is required to issue a W–2 form in another subpart. We believe that this We modified this definition to on his or her behalf, or if the hospice is proposed organization better reflects a address changes made to the Act by a subdivision of an agency or patient/family-centered orientation and Congress in section 408 of the Medicare organization, an employee of the agency helps illustrate that patient assessment, Prescription Drug, Improvement, and or organization who is appropriately care planning, and quality assessment Modernization Act of 2003 (Pub. L. 108– trained and assigned to the hospice or and improvement efforts are central to 173) (‘‘MMA’’). Nurse practitioners are is a volunteer under the jurisdiction of the delivery of high quality care. often the primary medical health care the hospice. Hospice means a public agency or professionals for some patients, B. Subpart A, General Provisions private organization or subdivision of particularly those residing in rural The revised conditions would begin either of these that is primarily engaged areas. For example, a nurse practitioner with existing § 418.2 that specifies the in providing hospice care as defined in that works in conjunction with a doctor statutory authority and scope of the part this section. may be the health care professional a for the ensuing regulations. Section Hospice care means a comprehensive patient sees most often. The patient 418.1 would remain unchanged. set of services described in 1861(dd)(1) would develop a relationship with the of the Act, identified and coordinated 1. Scope of the Part (Proposed § 418.2) nurse practitioner, and would like the by an interdisciplinary team to provide Section 418.2 would be revised to nurse practitioner to continue to be for the physical, psychosocial, spiritual, reflect the reorganization of the part and involved in his or her care once he or and emotional needs of a terminally ill to include an introductory statement she elects the hospice benefit. Under the patient and/or family members, as describing the purpose of the part. current regulations, this is not allowed. delineated in a specific patient plan of Under the proposed regulations, we 2. Definitions (Proposed § 418.3) care. would permit a nurse practitioner to Licensed professional means a Existing § 418.3 sets forth definitions continue serving his or her patient as licensed person sanctioned by the State for terms used in the hospice CoPs. This that patient’s attending physician once in which services are delivered, section is being revised in order to that patient elects to receive hospice furnishing services such as skilled provide further clarification. We are care. We believe that this would ensure nursing care, physical therapy, speech- proposing to move existing definitions the continuity of care and improve the language pathology, occupational of ‘‘physician’’ and ‘‘social worker’’ to quality of care because the health care therapy, and medical social services. proposed § 418.114, personnel professional most familiar with the Palliative care means patient and requirements. We believe these patient, his or her conditions, and his or family-centered care that optimizes definitions better fit in this new her personal situation would be quality of life by anticipating, condition. We propose to include the involved in developing the plan of care preventing, and treating suffering. following definitions: and in making other important Palliative care throughout the • Attending physician (revised) decisions. continuum of illness involves • Bereavement counseling (revised) Within the provisions of section 408 addressing physical, intellectual, • Cap Period (same) of the MMA nurse practitioners are emotional, social, and spiritual needs • Clinical note (new) prohibited from certifying or • and to facilitate patient autonomy, Drug restraint (new) recertifying a patient’s terminal illness. • access to information, and choice. Employee (revised) CMS will publish additional Physical restraint means any manual • Hospice (revised) • information regarding section 408 in a method or physical or mechanical Hospice care (new) forthcoming Federal Register document. • Licensed professional (new) device, material, or equipment attached • Palliative care (new) Bereavement counseling means to the patient’s body that he or she • Physical restraint (new) emotional, psychosocial, and spiritual cannot easily remove that restricts • Progress note (new) support and services provided after the freedom of movement or normal access • Representative (revised) death of the patient to assist with issues to one’s body. • Restraint (new) related to grief, loss, and adjusting. Progress note means a written • Satellite location (new) Cap period means the 12-month notation, dated and signed by any • Seclusion (new) period ending October 31 used in the person providing services, that • Terminally ill (revised) application of the cap on overall summarizes facts about the care These definitions would be revised to hospice reimbursement as specified in furnished and the patient’s response read as follows: § 418.309. during a given period of time.

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Representative means an individual D. Subpart C, Conditions of subsequent care decisions, and the cycle who has the authority under State law Participation—Patient Care begins anew. Through this cycle, (whether by statute or pursuant to an accurate patient and family information 1. Patient’s Rights, Condition of appointment by the courts of the State) obtained from each comprehensive Participation (Proposed § 418.52) to authorize or terminate medical care assessment should yield effective and or to elect or revoke the election of [If you choose to comment on issues in appropriate palliative care decisions, hospice care on behalf of a terminally ill this section, please include the caption thus generating a positive effect on patient who is mentally or physically ‘‘PATIENTS RIGHTS’’ at the beginning patient care and desired outcomes. of your comments.] incapacitated. This may include a legal Condition of Participation: guardian. This section would replace the current condition of participation, Comprehensive Assessment of the Restraint means either a physical Informed consent, laid out at § 418.62. Patient (Proposed § 418.54) restraint or a drug used as a restraint. This condition would set forth certain The proposed comprehensive Satellite location means a Medicare- rights to which hospice patients would assessment requirement reflects our approved location from which the be entitled, and would require that view that a patient-centered, hospice provides hospice care and hospices inform each patient of these interdisciplinary, and systematic patient services within a portion of the total rights and that hospice personnel ensure assessment is essential to improving geographic area served by the hospice and support these rights. Among these patient quality of care and patient provider issued the provider agreement rights would be the following, laid out outcomes. number. The satellite location is part of at proposed § 418.52: Being informed in In hospice care, the comprehensive the hospice and shares administration, advance regarding the care to be assessment of the patient contributes to supervision, and services in a manner provided; having an opportunity to quality of care improvements in closely that renders it unnecessary for the participate in care planning; voicing linked stages. First, the information satellite location to independently meet grievances; being assured of generated from an interdisciplinary the conditions of participation as a confidentiality of records; having comprehensive assessment is a vital tool hospice. personal property respected; being for developing a hospice patient’s plan We are proposing to add this informed whether services are covered of care that will guide decisions on how definition to recognize long-standing or not covered, and having information best to determine the individual care Medicare survey and certification provided in writing. We are proposing and support needs of the patient. policies, which allow for the operation to specify that the patient must also be Second, based on updates of the of multiple locations by a single hospice informed about factors that affect comprehensive assessment, a hospice is provider. We are proposing that a palliation and comfort. We believe that able to track the patient’s progress hospice satellite location be approved these revisions would act as an towards achieving the desired care by CMS before it begins to furnish additional safeguard of patient health outcomes, and where this does not service to patients. In the past, some and safety. Open communication occur, make appropriate changes to the hospices were found to be furnishing between hospice staff and the patient, patient’s plan of care. Finally, the services from locations that had not and patient access to palliative hospice is able to evaluate the results of been shown to be in compliance with information is vital to enhancing the its care decisions, thus yielding applicable regulations. We envision the patient’s participation in his or her information to help form the hospice’s approval process to be consistent with coordinated care planning. All hospices future care planning process. We believe determining that patients receive safe must also comply with the Privacy Rule this approach reflects contemporary services from the satellite location in published in the Federal Register on standard practice for many hospices, question. As is done for other December 28, 2000 (65 FR 82461) as and we are proposing to revise the CoPs appropriate providers and suppliers, we amended on August 14, 2002 (67 FR to support this outcome-oriented are accepting comment on applying the 53182) and contained in 45 CFR parts approach. Medicare Appeals Procedures that affect 160 and 164. The centerpiece of this outcome- participation in the Medicare program We are specifically soliciting public oriented approach is that each patient (42 CFR 498.3). If a hospice, including comment on this proposed condition of receives a patient-specific comprehensive assessment that any or all satellite locations, is participation. identifies the patient’s need for medical, accredited by an accrediting 2. The Cycle of Care: Assessment, nursing, psychosocial, emotional and organization such as JCAHO or CHAP, Planning, and Delivery (Proposed spiritual care. The care needs identified the hospice and each satellite location § 418.54 Through § 418.62) in the assessment would include, but must still receive Medicare approval. The patient care assessment, not be limited to, those necessary for Seclusion means the confinement of a planning, and palliative care process palliation and management of the person in a room or an area where a represented by the next four CoPs terminal illness and related medical person is isolated and physically (§ 418.54 through § 418.62) can be seen conditions. The comprehensive prevented from leaving. as a cycle. Through the use of a assessment would be completed by the Terminally ill means that a patient has comprehensive assessment, accurate interdisciplinary group in consultation a medical prognosis that his or her life and timely patient information is made with the individual’s attending expectancy is six months or less if the available for use in the patient care physician to ensure that each member of illness runs its normal course. process. The palliative care process the interdisciplinary group provided C. Subpart B, Eligibility, Election and consists of all hospice care and services input within the scope of that Duration of Benefits furnished to the patient and family. The individual’s practice. We believe that patient palliative care process results in the patient-specific comprehensive Subpart B concerns eligibility, an effect on the patient’s condition, assessment requirement we are election, and duration of hospice whether it is positive or negative. The proposing is already recognized and benefits. We are not proposing changes assessment of the effectiveness of practiced by the hospice industry in to this subpart at this time. palliative care then results in general.

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The existing CoPs contain few complete the comprehensive assessment necessary reviews and/or changes to the requirements that address the need for in a timely manner consistent with the patient’s plan of care. patient assessment; therefore, we are patient’s immediate needs, but no later (2) We are proposing that a hospice emphasizing the importance of the than 4 calendar days after the patient medical director or physician designee comprehensive assessment by elects the hospice benefit. We believe be required to recertify a patient for establishing it as a separate CoP. In that most hospices already complete the hospice care at specific intervals as hospice surveys nationwide, we have assessment within this time frame and, stated in § 418.21. We believe identified a pattern of healthcare related due to the decreased length of stay, as recertification, which occurs at the end deficiencies that indicate that the explained in the discussion of of the initial and subsequent 90-day current assessment requirements are not § 418.54(d), Update of the benefit periods (and at the end of the sufficient. The fourth most frequently comprehensive assessment, and the remaining benefit periods as described cited deficiency is that the plan of care potential severity of the patient’s in § 418.21), serves as a logical point for did not include an assessment of the condition, we believe it is essential to updating an assessment in addition to patient’s needs. The frequency with ensure that patients are assessed in a the minimum 14 days and when the which this area is cited indicates that timely manner. patient’s condition changes. there are a significant number of Section § 418.54(c), Content of the We believe that to ensure quality and hospices that are not doing enough to comprehensive assessment, would timely care for our hospice properly assess their patients. describe the requirements for the beneficiaries, timely completion of the The expanded assessment condition content of the comprehensive initial assessment requirement and the would guide these deficient hospices in assessment that we believe are critical to comprehensive assessment update thoroughly assessing their patients by quality hospice care. These content requirement is necessary. In 2001 the identifying the general areas that should requirements are at the core of hospice average length of enrollment in hospice be included in each assessment and by care and are needed to evaluate the care was 51 days (2002 Nov. Medicare identifying time frames for the patient’s need for physical, social, National Summary for HHA, Hospice, completion of assessments. We believe emotional, medical, and spiritual care. SNF, and outpatient CY 1999–2001, http://www.cms.hhs.gov/statistics/ that this proposed CoP would enable Under proposed § 418.54(c)(3)(ii), feeforservice/National Summary.pdf). hospices to specifically identify patient Drug therapy, the patient’s According to research by the NHPCO, in care needs. Once a hospice has comprehensive assessment would have 2000 the average length of enrollment in completed a timely and thorough to‘include a review of the patient’s hospice care was 48 days (2000 NHPCO assessment of the patient, it can develop current medication. The review and National Data Set Summary Report, an accurate plan of care that reflects the accompanying documentation would 2001 Nov.). There has been some needs identified during the assessment. include identification of the following concern regarding short lengths of stay. The accuracy and timeliness of the plan items: of care may lead to an improvement in Hospices have been admitting patients • Ineffective drug therapy; the quality of the hospice experience for late in their terminal illness and those • Unwanted side and toxic effects; the patient and his or her family. patients need extensive hospice services and In addition, we believe that the broad • and resources initially, and right before assessment outline we are proposing Drug interactions. death. In order to ensure that patients will encourage hospices to exercise This review must be repeated as receive the necessary services and thus flexibility in determining how best to necessary to ensure that the patient begin to benefit from hospice care at the achieve positive outcomes. We believe continues to receive drug therapy that is earliest time possible, we believe that it that this approach is consistent with effective and appropriate for his or her is important that the comprehensive currently accepted practices in needs. A review of a patient’s drugs patient assessment be completed within hospices. would be included in the initial the time frame that we have proposed. In § 418.54(a), Initial assessment, we assessment and in the development of A delay in completing the initial are proposing that a registered nurse the plan of care. This review could comprehensive assessment and the make the initial assessment visit to occur at any time, but specifically when updated assessments is ultimately not as determine the patient’s immediate care a patient is prescribed or begins to take beneficial to the patient and family as if and support needs within 24 hours after any new drug and/or when use of a drug the patient had entered hospice care and the hospice receives a physician’s is discontinued. received timely assessments to admission order for care (unless another In § 418.54(d), Update of the determine the proper care to be date is specified by the physician). We comprehensive assessment, we are provided. realize that some hospices meet with proposing that the comprehensive These requirements, though process- patients and their families, at their assessment be updated by the oriented in part, are predictive of good request, before the actual admission for interdisciplinary group as frequently as patient care and safety. Our rationale for care orders are received, and this the patient’s condition requires, but no requiring the completion of the initial regulation would not prevent this less frequently than every 14 days. We comprehensive assessment is that a new practice. However, meeting with a believe that these frequent reviews are patient being referred to a hospice for patient and his or her family before the necessary and predictive of quality initiation of services is at a point of patient’s physician orders hospice care outcomes for two reasons: immediate need and often in crisis. would not satisfy the initial assessment (1) In the terminal stages of care, Likewise, maintaining an ineffective requirement. patient status needs, circumstances, and plan of care could jeopardize patient In § 418.54(b), Time frame for family expectations can change greatly, health and safety. Regular assessment completion of the comprehensive affecting the type and frequency of updates would minimize this assessment, we are proposing that the services that should be furnished. possibility. hospice interdisciplinary group, in Reassessments assist the hospice in We believe that the comprehensive consultation with the hospice medical developing a more responsive care plan. assessment requirements pose little or director or physician designee and/or The interdisciplinary group would use no burden for hospices because it is a the individual’s attending physician, assessment information to guide current standard of practice to

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comprehensively assess hospice the hospice quality assessment and (proposed § 418.56). The proposed patients. However, we recognize that the performance improvement program. condition would contain five standards proposed 4-day timeframe for We want to emphasize that we are not that reflect the interdisciplinary completing the initial comprehensive proposing that hospices use any specific approach to hospice care delivery. assessment as proposed in § 418.54(b) data elements to measure domain As proposed, each patient and family and 14-day timeframe for updating the outcomes. We are simply proposing that would have a written plan of care comprehensive assessment as proposed hospices collect the data necessary to developed by the hospice in § 418.54(d) may set higher evaluate the quality of care they are interdisciplinary group in consultation performance expectations for some providing and use this information in a with the patient’s attending physician hospices then the self-imposed systematic and retrievable way. that specifies the hospice care and standards they currently utilize. We Hospices may develop their own data services necessary to meet the patient/ believe that if a hospice recognizes that elements related to the aspects of care family-specific needs identified in the it is not capable of furnishing services related to hospice and palliation, such comprehensive and updated within these timeframes, new patients as self-determination, comfort, safety, assessments. All hospice services should not be accepted for care. and effective grieving, or may use the furnished to patients and their families data elements related to the seven must follow this written plan of care. We welcome public comments on the outcome measures in the NHPCO data Under proposed § 418.56(a), review of our proposed timeframes for set (http://www.nhpco.org). Approach to service delivery, we are the initial comprehensive assessment Currently, there is insufficient proposing that the hospice designate an and updated comprehensive evidence for a valid and reliable interdisciplinary group or groups assessment. We believe the timeframes common set of measures (that is, data composed of individuals who work are reasonable and consistent with elements) for use in hospice care. We together to meet the physical, medical, current hospice practice. are aware that the industry is studying social, emotional, and spiritual needs of [If you choose to comment on issues in this area. We also know that there are the hospice patients and families facing this section, please include the caption many measures that are currently used terminal illness and bereavement. We ‘‘ASSESSMENT TIME FRAMES’’ at the to help gauge the processes of care for believe that the role of the beginning of your comments.] hospice patients and to make interdisciplinary group is paramount in Under the proposed § 418.54(e), adjustments to care on their basis. For directing and monitoring the patient Patient outcome measures, we are example, there are multiple scales for care and is one of the factors that makes proposing that a patient’s use in pain management, anxiety, and the hospice benefit unique. The hospice comprehensive assessment include depression, and there are several would designate a qualified health care measurement and documentation of quality-of-life scales appearing in the professional who is a member of the aspects of care that are essential relevant literature (http:// interdisciplinary group to provide outcomes of optimal hospice care. www.nhpco.org and http:// program coordination, ensure the Documentation is carried out in the www.chcr.brown.edu/pcoc/toolkit.htm). continuous assessment of each patient’s same way for all patients through what Some measurable outcomes can be and family’s needs, and ensure the captured in single items while others we refer to as data elements. The implementation and revision of the plan require multiple items to capture the hospice may develop its own data of care. full range of measurement issues. The proposed standard at § 418.56(b), elements or use existing, externally We welcome comments on our Plan of care, is the same as the existing developed data elements. However, ‘‘outcome measures’’ approach to this standard at § 418.58(a), with one some of the data elements should be proposed regulation. We are particularly addition. We are including a reference related to the domains of self- interested in comments as to whether to the patient’s family when establishing determination, comfort, safety, and this approach is necessary in the plan of care. We would require that effective grieving related to bereavement assessment, care planning, service all hospice services furnished to services. If a hospice chooses to collect delivery, and most importantly, to the patients and their families follow a information for the data elements hospice’s quality assessment and written plan of care established by the developed by the NHPCO, it may also performance improvement program. hospice interdisciplinary group in choose to submit this information to the [If you choose to comment on issues in collaboration with the attending NHCPO. However, submission must be this section, please include the caption physician. Family plays an important in accordance with the HIPAA privacy ‘‘OUTCOME MEASURES’’ at the role in the care of a hospice patient, and rule (45 CFR Parts 160 and 164). The beginning of your comments.] this change reflects that role. hospice may also choose to send Under the proposed standard at additional information for the NHPCO Condition of Participation: § 418.56(c), Content of the plan of care, reporting process in the areas of Interdisciplinary Group Care Planning we would require that each patient’s pertinent utilization data, and Coordination of Services (Proposed plan of care reflect interventions for appropriateness and effectiveness of § 418.56) problems identified in the services, and patient/family satisfaction. [If you choose to comment on issues in comprehensive and updated The data elements used by the this section, please include the caption assessments. This requirement ensures hospice must be an integral part of both ‘‘PLAN OF CARE’’ or ‘‘COORDINATION that care and services are appropriate to the initial comprehensive and updated OF SERVICES’’ where appropriate, at the level of each patient’s and family’s assessments. The application of these the beginning of your comments.] specific needs. The plan of care must data elements to the identified domains The existing condition of include the following: must be documented in a systematic participation concerning the plan of • Interventions to facilitate the and retrievable way for each patient, as care is set forth at § 418.58. We are management of pain and symptoms; the outcome measurements will be used proposing to revise the contents of this • A detailed statement of the scope in patient care planning and section and place them in a new and frequency of services required to coordinating services. Measurements condition, ‘‘Interdisciplinary group care meet the patient’s and family’s specific will also be used (in the aggregate) for planning and coordination of services’’ needs;

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• Measurable outcomes anticipated collaborate with the patient’s attending ‘‘QAPI’’ at the beginning of your from implementing and coordinating physician to the extent possible when comments.] the plan of care; reviewing the plan of care. We believe The existing § 418.66, Condition of • Drugs and treatment necessary to that requiring hospices to involve participation—Quality assurance, relies meet the needs of the patient; interested attending physicians will on a problem-oriented approach to • Medical supplies and appliances benefit patients by helping to ensure identify and resolve patient care issues. required to meet the needs of the that the care described in the plan of Failure to meet the quality assurance patient; and care reflects the needs and desires of condition is consistently one of the top • The interdisciplinary group’s patients and their families. 10 deficiencies cited by surveyors documentation in the clinical record We are proposing to add a new nationwide. According to the hospice indicating the patient’s and family’s standard, Coordination of services, at industry associations, hospices are no understanding, involvement, and § 418.56(e). This standard would require longer using the quality assurance agreement with the plan. that the hospice maintain a system of model. During the last decade the health As we noted in the description of the communication and integration to care industry, including the hospice previous standard, we are proposing to enable the interdisciplinary group to industry, has moved beyond the add a requirement that the plan address ensure the overall provision of care and problem-oriented, after-the-fact the patient’s and family’s expectations, the efficient implementation of the day- corrective approach of quality assurance understanding, agreement, and ability to to-day policies. These new standards to an approach that focuses on a pre- participate in the care as the patient and would also make it easier for the emptive plan that continuously family desire. Since family members hospice to ensure that the care and addresses quality assessment and need to understand the importance of services are provided in accordance performance improvement (QAPI). their role in care of the hospice patient, Hospice industry associations have their input and agreement regarding with the plan of care, and that all care and services provided are based on the indicated that their upgraded QAPI care is essential in developing a systems are incompatible with the productive relationship with the comprehensive and updated assessments of the patient’s and family’s existing quality assurance condition. hospice. We would expect a hospice to Therefore, the providers who have document the patient’s and family’s needs. An effective communication system would also enable the hospice to moved beyond quality assurance in understanding of and agreement to the order to make meaningful and sustained plan of care in accordance with its own ensure ongoing liaison of all disciplines providing care and services in the home, quality improvements in their own policies. This could include an programs are actually in violation of the attestation signed by the patient and outpatient, and inpatient settings, notwithstanding the manner in which outdated quality assurance condition. family, a note in the clinical record, On the other end of the spectrum are the care and services are furnished. and/or another form of documentation providers who are truly deficient decided upon by the hospice governing We believe that this standard is because they do not have any quality body. appropriate for two reasons. First, a program. These providers would find Proposed standard § 418.56(d), hospice patient typically encounters more guidance in the proposed Review of the plan of care, would many services delivered at different regulation. In the following section of require that a revised plan of care times by a variety of individuals with this preamble we will discuss two include current information from the different skills. An efficient method of publicly available resources for data patient’s updated comprehensive communication and integration of measures, an integral part of the assessment and information concerning observations among members of the proposed QAPI requirement. In the the patient’s progress toward achieving interdisciplinary group and others proposed regulation we have outlined outcomes specified in the plan of care. providing care is essential to meet and when those should be collected and The plan of care must be reviewed at respond to the patient’s and family’s what role they play in the proposed intervals specified in the plan but no needs in a timely manner. Second, QAPI condition. In addition, we have less frequently than every 14 calendar effective communication and described the scope of the proposed days. We believe that it is essential to coordination of services will assist a QAPI program requirement, the include the requirement that actual care hospice in avoiding a duplication of guidelines for identifying performance provided also be changed as needed, effort or a furnishing of conflicting improvement activities, and the thus establishing the essential linkage services. individuals responsible for ensuring between assessment information, We recognize the value of an that a hospice has a QAPI program. The evaluation of treatment results, and plan interdisciplinary approach to the proposed regulations provide hospices of care modification. delivery of hospice services. This that are unsure of what is expected of We also propose to require that the approach to care reflects actual industry them with the guidelines to begin hospice take steps to involve the practice, and as a result, we believe the tailoring a QAPI program that meets patient’s attending physician in the proposed requirement is in step with their needs and circumstances. review of the patient’s plan of care. The the hospice industry. Therefore, we believe that this attending physician often has had a We are specifically soliciting public proposed condition will reduce the lengthy relationship with the patient; comment on the proposed requirements number of deficient providers by and his or her input into the review of for the content of the plan of care, the recognizing those who are practicing the plan of care can be invaluable. We time frames for review of the plan of QAPI and guiding reluctant providers to do not have the authority in the care, and the new coordination of meet current standards of practice. The Conditions of Participation governing services standard. proposed QAPI requirement would raise hospices to require that an attending the performance expectations for Condition of Participation: Quality physician, an individual who is not an hospices seeking entrance into the Assessment and Performance employee of the hospice and thus not Medicare program, as well the Improvement (Proposed § 418.58) governed by these hospice regulations, expectations of those currently participate in this process. However, we [If you choose to comments on issues in participating in Medicare. We are can and are proposing that the hospice this section, please include the caption proposing that each hospice develop,

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implement, and maintain an effective, quality indicator data, including patient available on the NHPCO website continuous quality assessment and care data and other relevant data, into http://www.nhpco.org. performance improvement program that its QAPI program. This would include If a hospice chooses to participate in stimulates the hospice to constantly data that are received from or submitted this voluntary process as described in monitor and improve its own to hospice professional organizations. A the NHPCO web site, it would collect performance, and to be responsive to the fundamental barrier in identifying the specified data elements, analyze the needs, desires, and satisfaction levels of quality care at the end of life is the lack data to assess its performance, and the patients and families it serves. of measurement tools. Measurement implement performance improvement The desired overall outcome of this tools can identify opportunities for projects to address weaknesses while proposed CoP is that the hospice will improving medical care and examining reinforcing strengths. A hospice may drive its own quality improvement the impact of interventions. also choose to submit its data to the activities and improve its provision of CMS does not currently require the NHPCO or its contractor. The national services. With an effective quality submission of data from hospices to reporting process includes pertinent assessment and performance calculate quality measures but is utilization data, appropriateness and improvement program in place and interested in the development of a set of effectiveness of services, and patient operating properly, the hospice can measures. Hospice measures were and family satisfaction. Reports are then better identify and reinforce the submitted and discussed as part of the generated by the NHPCO for hospices to activities it is doing well, identify its recent National Quality Forum process compare their performance with other activities that are leading to poor patient identifying home health measures but hospices. outcomes, and take actions to improve were withdrawn and added to the more All hospices that choose to utilize the performance. focused end of life discussions. CMS NHPCO reporting process will need to This proposed condition requires the would be interested in comments follow the HIPAA Privacy Rule. We hospice to develop, implement, and regarding clinical measures, patient believe that participating in the NHPCO maintain an effective data driven quality experience of care measures, and reporting process in order to improve the quality of care delivered to patients assessment and performance systems measures (use of information improvement program (QAPI). The would probably be deemed to be part of technology, staffing, follow up program establishes a planned approach the hospice’s health care operations mechanisms) specific to hospice care. to quality improvement and takes into under the HIPAA Privacy Rule. The These comments should include account the complexity of the hospice’s NHPCO would be doing work on behalf existing measures in use, measures to be organization and services, including of the hospice. Therefore, it appears that developed, data collection methods and those provided directly or under the hospice and the NHPCO would be issues, and how measures are currently arrangement. The hospice must take required to have a business associate being used. We are especially interested whatever actions are necessary to agreement, ensuring that the NHPCO in the feasibility, usability, if the implement improvements in its would protect the health information measures presented are proprietary or performance as identified by its quality submitted by the hospice. Sample assessment and performance publicly available, and burden of business associate language is available improvement program. The hospice is collecting and reporting the measures. at http://www.hhs.gov/ocr/hipaa/ also responsible for ensuring that the An example of available measurement contractprov.html. Hospices should professional services it offers are carried tools would be the hospice outcome confer with their legal counsel to ensure out within current clinical practice measures, data elements, tools, and that their disclosures are in compliance guidelines as well as professional instructions developed by a hospice with the Department’s rules. Once the practice standards applicable to hospice industry task force in which the CMS business associate agreement was in care. participated as a stakeholder. A Task place and the hospice began to submit In the first proposed standard under Force initiative was sponsored and its data, it would not need individual this condition at § 418.58(a), Standard: convened by the National Hospice Work authorization to disclose protected Program scope, we are proposing that Group (NHWG) and the National health information to the NHPCO. In the hospice’s quality assessment and Hospice and Palliative Care addition, the hospice would not need to performance improvement program Organization (NHPCO) in 1999. We account for the disclosures to the must include, but not be limited to, an participated in developing the measures NHPCO. ongoing program that is able to show and provided technical assistance for We are not proposing to require that measurable improvement in indicators pilot testing the measures. In addition to hospices use any particular process or that are linked to improving palliative the work that has already been done in outcome measures. However, a hospice outcomes and end-of-life support this area, we are committed to working that uses the available quality measures services. We expect that a hospice will with all relevant interest groups and may be able to expect an enhanced use standards of care and the findings associations as they develop and degree of insight into the quality of its made available in current literature to provide hospices with model quality services and patient satisfaction than if select indicators to monitor its program. assessment and performance it began the outcome-measure The hospice must measure, analyze, and improvement programs and other development process anew. In addition track these quality indicators, including services. to the NHPCO measures, there are many areas such as adverse patient events and The work of the Task Force resulted other resources available. One of these other aspects of performance that assess in measures addressing the outcome resources, for example, is the ‘‘TIME: processes of care, hospice services, and domains of self-determined life closure, Toolkit of Instruments to Measure End operations. Adverse patient events, as comfortable dying, safe dying, and of life care,’’ developed by Brown used in the field, are occurrences that effective grieving. The hospice industry University. It can be found at http:// are harmful or contrary to the targeted moved to include these measures in the www.chcr.brown.edu/pcoc/toolkit.htm. patient outcomes. data set that they encourage member This Toolkit takes steps toward crossing The second proposed standard under hospices to use and report. The data the measurement barrier by creating § 418.58(b) Program data, would require elements, tools, and instructions for patient-focused, family-centered survey the hospice program to incorporate using the measures are publicly instruments that address the needs and

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concerns of patients and their families, improvement program is expected to now proposing a new CoP due to the as defined by them. view staff as full partners in quality seriousness and hazards of infectious The hospice could also develop its improvement. Because staff members and communicable diseases. There is a own data elements and measurement are in a unique position to provide the substantial amount of research from process as part of its quality assessment hospice with structured feedback on its government agencies and private and performance improvement program. performance and suggestions on how organizations regarding the effect of A hospice is free to develop a program performance can be improved, we infections and communicable diseases that meets its needs. We recognize the expect the hospice to demonstrate how in the inpatient environment. This diversity of provider needs and staff contribute to its quality research documents their widespread concerns with respect to QAPI improvement program. prevalence. While there is less research programs. As such, a provider’s QAPI We are proposing at § 418.58(d), that examines infections and program will not be judged against a Performance improvement projects, to communicable diseases in the home, the specific model. require that the number and scope of effect of both on the health and safety Under the proposed standard, improvement projects conducted of patients and the cost of patient care Program data, found at § 418.58(b), the annually must reflect the scope, cannot be dismissed. In response, the hospice is expected to monitor the complexity, and past performance of the health care industry has developed effectiveness of services and be able to hospice’s services and operations. The guidelines and recommendations for target areas for improvement. The main hospice must document what managing preventative programs. For goal of the quality assessment and improvement projects are being example, the Association for performance improvement standard is conducted, the reasons for conducting Professionals in Infection Control and to identify and correct ineffective and/ them, and the measurable progress Epidemiology, Inc. have published or unsafe care. We expect hospices to achieved on these projects. We believe ‘‘Requirements for infrastructure and assess their patient load and identify that giving hospices the flexibility to essential activities of infection control circumstances that could lead to review their own organization and and epidemiology in out-of-hospital significant patient care issues and quality performance and improvement settings: A Consensus Panel report’’ concentrate quality assessment and program may improve the effectiveness (http://www.apic.org/pdf/cpinfra2.pdf). performance improvement energies in and efficiency of their services, improve The Joint Commission on Accreditation these areas. For example, patients with the outcomes of care they provide, and of Healthcare Organizations (JCAHO) minimal support care, those potentially improve beneficiary responded to the issue by designing new experiencing frequent exacerbations of satisfaction with their services. infection control standards for, among symptoms, and those whose diagnosis We are proposing at § 418.58(e), others, home care providers. These and care may be unique to the hospice, Executive responsibilities, to require the standards will become effective in 2005. may be the subject of more intense hospice’s governing body to be Due to the negative effects on patient quality assessment and performance responsible and accountable for health and safety that are posed by improvement activity. We expect a ensuring that the ongoing quality infections and communicable diseases, hospice to be able to demonstrate improvement program is defined, and due to the significant amount of consistent performance progress in implemented, and maintained. The public, industry, and government successful quality assessment and governing body must ensure that the attention that this issue has generated, performance improvement program addresses priorities for we believe that hospices need to address interventions. improved quality of care and patient The third standard under the quality infection control in a more complete safety. The governing body must also manner. assessment and performance specify the frequency and detail of the In this proposed CoP, we are requiring improvement program at proposed data collection and ensure that all hospices to take specific actions to § 418.58(c), Program activities, states quality improvement actions are address the prevention and control of that the hospice must set priorities for evaluated for effectiveness. The infections and disease, and to educate its performance improvement activities governing body’s most important role is patients, staff, and caregivers on their that: focus on high risk, high volume to ensure that staff are furnishing and hazards, prevention, and control. It is and problem-prone areas; consider the patients are receiving the most essential that agencies consider the prevalence and severity of identified appropriate level of care. Therefore, it is devastating effects of rampant problems; and give priority to incumbent on the governing body to communicable disease as they carry out improvement activities that affect lend its full support to agency quality their quality assessment and palliative, patient safety, and quality of improvement and performance performance improvement programs. As care outcomes. We expect that a hospice improvement efforts. would take immediate action to correct We are specifically soliciting public a result, we expect the hospice to any identified problems that directly or comments on this proposed condition of maintain an effective and up-to-date potentially threatened the care and participation. infection control program that may be safety of patients. Prioritizing areas of part of its overall quality assessment improvement is essential for the hospice Condition of Participation: Infection and performance improvement program. to gain a strategic view of its operating Control (Proposed § 418.60) We recognize that a hospice cannot be environment and to ensure the [If you choose to comments on issues in directly responsible for the maintenance consistent quality of care provided over this section, please include the caption of an infection-free environment in an time. ‘‘INFECTION CONTROL’’ at the individual’s home or inpatient setting. In § 418.58(c) we are also proposing to beginning of your comments.] We are proposing in § 418.60(a), require the hospice to track adverse There is no current requirement for Prevention, that hospices follow patient events, analyze their causes, and infection control other than the accepted infection control standards of implement preventive actions that requirement at § 418.100(a) that ‘‘*** practice and ensure that all staff that include feedback and learning each patient is to be kept comfortable, provide hospice services know and use throughout the hospice. The hospice’s clean, well groomed, and protected from these current best prevention practices quality assessment and performance accident, injury, and infection.’’ We are to curb the spread of infection. Periodic

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training is one way to assure staff We are proposing that licensed be provided in a manner consistent with understanding. professionals who provide services to accepted standards of practice. In § 418.60(b),Control, we are hospice patients either directly or under This section has been revised to proposing that the hospice engage in an arrangement must participate in reflect changes to the Act made by ongoing system-wide program that coordinating all aspects of care, section 946 of the Medicare Prescription focuses on the surveillance, including updating the interdisciplinary Drug, Improvement, and Modernization identification, prevention, control, and comprehensive assessments, developing Act of 2003 (‘‘MMA’’). In accordance investigation of infections and and evaluating plans of care, with that provision, we are proposing to communicable disease. We expect the participating in patient and family allow a hospice (the primary hospice) to hospice to use best control practices in counseling, participating in the quality enter into arrangements with another this endeavor. We are also expecting assessment and performance Medicare certified hospice to obtain that each hospice educate its staff, as improvement plan, and participating in core hospice services. This could be well as patients, families, and other in-service training. The expected done under extraordinary or other non- caregivers in the ‘‘current best outcome is the coordinated, routine circumstances. Pursuant to practices’’ for controlling the spread of comprehensive, interdisciplinary Section 1861(dd)(5)(D) of the Act, as infections within the home during the delivery of appropriate and effective added by section 946(a) of the MMA, course of the family/care givers’ licensed professional services delivered those circumstances are: Unanticipated interactions. Where infection and/or and supervised by health care periods of high patient loads; staffing communicable disease is identified, we professionals who practice under State shortages due to illness or other short- expect that this information is made licensure requirements and the term temporary situations that interrupt part of the hospice’s quality assessment hospice’s policies and procedures. patient care such as natural disasters; and performance improvement program. Licensed professional services, for and temporary travel of a patient In § 418.60(c), Education, we are purposes of this section, include skilled outside the hospice’s service area. We proposing a standard allowing the nursing care, physical therapy, speech- believe that the new MMA provision hospice flexibility in meeting its language pathology, occupational authorizes us to propose that hospices infection control, prevention and therapy, and medical social services. may not routinely contract for a specific education objectives. For example, the The services of these licensed level of care (e.g., continuous care) or amount of training in infection control professionals are described in more for specific hours of care (e.g., evenings necessary for the hospice’s personnel detail under the core services condition and week-ends), as these are regularly would depend on the patient mix and proposed at § 418.64 and the non-core occurring situations that hospices are experience of the staff. While we would services condition at § 418.70. able to plan staffing for. expect that established best practices be Medicare makes a distinction between We propose to require that contractual adhered to, we are not proposing any providing services directly, as opposed arrangements under the provision be set specific approaches to meeting this to providing services under forth in a legally binding written requirement. However, all staff and arrangement. The most common way agreement between the hospices. The family will be educated on the use of services are provided directly is through written agreement would ensure that standard precautions for the safety of the use of employees. The common law contracted staff meet all hospice the patient, family and caregivers. We definition of ‘‘employee’’ fundamentally personnel qualifications and receive will expect to see clear evidence that the relates to whether a person is under necessary training. The primary hospice hospice aggressively seeks to minimize control by the entity or individual would be responsible for enforcing the the spread of disease and infection providing the services. The ‘‘physician contractual provisions. This would through the use of effective techniques referral provisions’’ at section 1877(h)(2) ensure that the primary hospice by its staff and through its efforts to help of the Act references the Internal maintains professional management families and care givers understand Revenue Service (IRS) ‘‘employee’’ responsibility for the service(s) being what can and should be done to definition. Section 1877(h)(2) provides provided and the individual(s) minimize infection. that an individual is considered to be providing such service(s), as described We are specifically soliciting public ‘‘employed by’’ or an ‘‘employee’’ of an in sections 418.62, Skilled professional comments on this proposed condition of entity if the individual would be services and 418.100, Organization and participation. considered to be an employee of the administration of services. These entity under the usual common law sections require contracted services to Condition of Participation: Licensed rules applicable in determining the be provided according to professional Professional Services (Proposed employer-employee relationship (as standards and practices. Finally, § 418.62) applied for purposes of section contracted individuals would be Sections of current regulations at 3121(d)(2) of the Internal Revenue Code required to actively participate in the § 418.82, Nursing services; § 418.84, of 1986). coordination of care, including patient Medical social services; and § 418.92, assessment and care planning, and in Condition of Participation: Core Physical therapy, occupational therapy the primary hospice’s in-service training Services (Proposed § 418.64) and speech-language pathology, identify and quality assessment and performance detailed tasks that must be performed by The conditions of participation improvement programs. agency staff. containing the current core services The physician services requirement We are proposing to delete § 418.82, requirements are in § 418.80, Furnishing would be changed to allow the use of § 418.84, and § 418.92, and replace them of core services; § 418.82, Nursing contracted physicians, including the with a more simplified condition, services; § 418.84, Medical social medical director (see proposed 418.102). licensed professional services. Instead services; § 418.86, Physician services; In proposed § 418.64(b), Nursing of identifying detailed tasks, we are and § 418.88, Counseling services. We services, we would add specific broadly describing the expected are proposing to combine these into a language to address the role of nurse contributions of the licensed single condition. We are also proposing practitioners in providing hospice care. professionals who are furnishing to incorporate the requirement at The services provided by nurse hospice services. existing § 418.50(b)(3) that core services practitioners continue to be guided by

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Medicare statutory requirements. physician. This standard would also Condition of Participation: Nursing Within these statutory requirements, we require that medical social services, Services Waiver of Requirement That propose to allow nurse practitioners to when accepted by a patient and family, Substantially All Nursing Services Be perform many other hospice functions be based on an assessment of that Routinely Provided Directly by a that are in the scope of their practice patient’s psychosocial needs. Hospice (Proposed § 418.66) and license, as well as within the laws In proposed § 418.64(d), we address [If you choose to comment on issues in of the State in which they practice. the counseling services that would be this section, please include the caption In this standard we have also available to hospice patients. Those ‘‘STATUTORY NURSING WAIVER’’ at proposed to allow hospices to provide services would be bereavement, certain types of nursing services under the beginning of your comments.] a legally binding written contract. This nutritional, and spiritual counseling. In The requirements for obtaining a change also results from section 946 of the bereavement counseling section, we nursing services waiver as provided by the Medicare Prescription Drug, propose that a hospice would be section 1861(dd)(5) of the Act is Improvement, and Modernization Act of required to have an organized program currently set forth in § 418.83, and 2003, which added new 1861(dd)(5)(E) of bereavement services furnished under remains virtually unchanged in this to the Act. These nursing services must the supervision of a qualified proposal. This condition provides be highly specialized and provided non professional with experience in grief/ hospices the opportunity to obtain a routinely and so infrequently that their loss counseling. These services would waiver from the requirement that provision by hospice employees would be required to be made available to substantially all nursing services be be impracticable and prohibitively individuals identified in the routinely provided directly by the expensive. We recognize that it may be bereavement plan of care up to one year hospice. The Act specifies that to obtain cost-prohibitive for a hospice to employ following the death of the patient and a waiver a hospice must be located in a nurse that possesses very highly would reflect the needs of those an area that is not an urbanized area, specialized skills when he or she may individuals. When appropriate, must have been in operation on or only care for a few patients a year. By residents and staff of a SNF/NF, ICF/ before January 1, 1983, and must allowing hospices to contract with MR, or other facility would be offered demonstrate a good faith effort to hire a specialized nursing providers or others bereavement services. sufficient number of nurse employees. Section 1861(dd)(5)(B) of the Act to provide these highly specialized In the nutritional counseling section, specifies that if a waiver is requested by nursing services to the few patients who we propose to alter the standard to an organization that meets the statutory require them, hospices will be able to allow qualified individuals such as requirements, and if it is submitted in better implement an efficient staffing dietitians and nurses to furnish this the form and contains the information plan and ensure proficiency in the service, provided that it is within their required by the Secretary, the waiver skilled service being provided. Highly scope of practice and expertise will be deemed granted unless the specialized services, as described, according to State law. We believe that request is denied in 60 days after the would not include continuous care allowing other qualified individuals to request is received by the Secretary. because, while time intensive, such care participate in nutritional counseling This waiver, set in statute, may be does not require highly specialized will give hospices greater flexibility and obsolete. We do not know how many nursing skills. will help ensure that all hospice hospices meet the criteria for the As with all other contracting patients have access to this service waiver, nor do we know if any hospices arrangements, the hospice would be when needed. This proposal for actually use the waiver. We request required to maintain professional increased flexibility is a result of comments on the use of this waiver. management responsibility for the recommendations made by the service(s) being provided under Secretary’s Advisory Committee on Condition of Participation: Furnishing arrangement as well as the individual(s) Regulatory Reform. of Non-Core Services (Proposed providing them. The responsibilities of § 418.70) both the primary hospice and the In the spiritual counseling section we ‘‘lending’’ nursing provider would need propose that a hospice would be The current CoP governing the to be outlined in the written agreement, required to assess the patient’s and provision of other services is contained and there would have to be a family’s spiritual needs and provide in § 418.90. The hospice must ensure mechanism in place to ensure that the spiritual counseling to meet those needs that the services described in § 418.72 terms of the agreement were met. To in accordance with the patient’s and through § 418.78 are provided directly that end, the contracted individual(s) family’s beliefs and desires. If a patient by employees of the hospice or by would have to provide care in and family do not desire spiritual others under an arrangement with the accordance with professional standards counseling, then they would not have to hospice. This is discussed further in of practice; actively participate in the be provided this service. If a patient and proposed § 418.100. As with core coordination of care, including the family do desire spiritual counseling, services, non-core services should be comprehensive patient assessment and then a hospice would be expected to provided in a manner consistent with the formulation of the plan of care; and facilitate visits by local clergy, pastoral current standards of practice. actively participate in the hospice’s counselors, or others to the best of its Condition of Participation: Physical inservice training and quality ability. We have examined the relevant Therapy, Occupational Therapy, and assessment and performance jurisprudence regarding the provision of Speech-Language Pathology (Proposed improvement programs. spiritual counseling by Medicare In proposed § 418.64(c), we are certified hospices (Kong v. Scully et al. § 418.72) proposing to maintain the current 341 F.3d 1132 (9th Cir. 2003) reh. den. Currently, the CoP concerning medical social services requirement as amended, 357 F.3d 895 (9th Cir. physical therapy, occupational therapy, found at § 418.84. This standard would 2004). We do not see any impediment and speech language pathology is laid continue to require that medical social to requiring hospices to offer spiritual out at § 418.92. We are proposing to services be provided by a qualified services if a patient and family so recodify this CoP at § 418.72 without social worker under the direction of a desire. changes.

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Condition of Participation: Waiver of proposed § 418.76(a), Home health aide with a terminal illness. Homemaker Requirement—Physical Therapy, qualifications, requirement in one of services may include assistance in Occupational Therapy, Speech- three ways: by completing a training maintenance of a safe and healthy Language Pathology, and Dietary and competency evaluation program environment to enable the patient to Counseling (Proposed § 418.74) that meets the proposed training benefit from care that is furnished. We are proposing a new CoP that requirements, by completing a Second, § 418.76(h), Supervision of provides for a waiver of the requirement competency evaluation program, or by home health aides, would be revised that physical therapy (PT), occupational completing a State licensure program from the current § 484.36(d) to require therapy (OT), speech-language that meets the proposed training that a registered nurse or appropriate pathology (SLP) and dietary counseling requirements. We propose to include qualified therapist conduct an on-site services be provided as needed on a 24- three separate ways to meet the supervisory visit every 28 days while hour basis. In addition, the waiver proposed requirement because we the home health aide is providing care. allows the hospice to provide the above understand that home health aides come Thorough supervision of home health services directly or under arrangements to hospices with various levels of aides is crucial to ensuring that the made by the hospice, as specified in experience and qualifications. We patient’s and family’s needs are being current § 418.56. would expect that, if a State licenses met, and conducting supervisory visits We may approve a hospice’s request home health aides, then an aide would when the aide is present and performing for a waiver of the requirement that it meet those licensure requirements and his or her duties is the only way to furnish PT, OT, SLP and/or dietary would, in fact, be licensed by that State. provide such thorough supervision. On- counseling services if it is located in a If a State does not have licensure site supervisory visits will still be nonurbanized area and can demonstrate requirements, then we would expect required every 14 days as in the current that it has been unable, despite diligent that a home health aide who had not rule at § 484.36(d)(2), but the aide efforts, to recruit appropriate personnel. previously participated in a training would not be required to be present for Hospices will be required to submit program that meets the proposed these visits. This supervision schedule evidence of their efforts to hire. We will requirements would be trained in a would allow hospices to maintain apply similar requirements as are used program that meets the proposed control over the quality and continuity for the nursing services waiver requests requirements. In addition, we would of care being provided, and would help found in proposed § 418.66. As in the expect that, following such training, that ensure that all patients receiving home case for a waiver of nursing services, aide would be evaluated in a systematic health aide services are having their eligibility for a waiver is based on the way to assess his or her skills and needs met by such services. primary location of a hospice. For a competencies before performing patient Finally, § 418.76(k) would require a hospice that operates in several areas, care. If, however, a home health aide member of the interdisciplinary group its primary location is considered to be has already completed a training to coordinate homemaker services, and the location of its central office. The program that meets the proposed supply instructions for the homemaker hospice must provide evidence that it requirements while employed at another on duties to be performed. The made a good faith effort to hire a provider, then we would only expect homemaker would be required to report sufficient number of PTs, SLPs, OTs, the aide to complete a competency all concerns about the patient or family and dietary counselors to provide evaluation program at his or her new to the member of the IDG who was services directly through hospice employer. We believe that this would coordinating the homemaker services. employees or under arrangement. make it easier for aides to change We have proposed these changes to employers and faster for hospices to get ensure proper training and supervision, Condition of Participation: Home Health qualified new employees out in the and to protect the quality of the Aide and Homemaker Services field. One of the skills a home health homemaker services provided. (Proposed § 418.76) aide would be required to master is the Condition of Participation: Volunteers Section 1861(dd)(1)(D) of the Act ability to observe, report, and document (Proposed § 418.78) requires Medicare covered home health patient status and the care or service aide services to be furnished by an furnished. We believe that clear and The current CoP for volunteers is individual who has successfully effective communication between the located at § 418.70. We are proposing to completed training or a competency many providers of hospice care is an recodify this CoP at § 418.78 with minor evaluation program that meets the important part of ensuring high quality changes. We are removing the existing requirements established by the patient care. We believe that a home § 418.70(f), regarding the availability of Secretary. This section also provides for health aide should be able to both clergy, because the role of the pastoral, coverage of ‘‘homemaker’’ services. verbally report and document in writing clergy, or other spiritual counselor is Currently, the condition of what he or she observes and does at a described in proposed § 418.56(a)(1)(iv), participation concerning home health patient’s home. Interdisciplinary group, care planning aide and homemaker services is set forth Three standards have been and coordination of services. This at § 418.94. We are proposing in particularly adapted for the hospice change does not preclude the hospice § 418.76 that a home health aide conditions of participation. First, from continuing to use or starting to use completes a State-established or other § 418.76(j), homemaker qualifications, clergy as volunteers. training program, and in § 418.76(b) we has been adapted from the existing Subpart D, Conditions of Participation, outline requirements that this training § 418.94. The proposed standard Organizational Environment must meet. Except for minor clarifies that a qualified homemaker is reorganization, these training a home health aide as described in Condition of Participation: Organization requirements are consistent with § 418.76 or an individual who has met and Administration of Services existing home health aide requirements the standards in § 418.202(g) and has (Proposed § 418.100) in § 484.36. successfully completed hospice [If you choose to comment on issues in For example, we would continue to orientation addressing the needs and this section, please include the caption permit a home health aide to meet the concerns of patients and families coping ‘‘ORGANIZATION AND

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ADMINISTRATION’’ at the beginning of supplier requirements, (such as in the multiple service locations. Our goal is to your comments.] existing § 418.82(c)) to set a establish clear requirements in order to We are proposing to revise existing performance expectation and to be able ensure patient comfort, patient safety, regulations at § 418.50, General to employ regulatory authority to shed and the provision of a consistent level provisions, § 418.52, Governing body, light on inappropriate and/or dangerous of care throughout the hospice and § 418.56, Professional management, practices. We are proposing to retain organization. This provision is intended by creating a new condition. This new this authority and move the existing to codify long-standing Medicare survey condition would simplify the structure § 418.82(c) into § 418.64, Core services and certification policy, which allows of these current requirements and and § 418.70, Furnishing of non-core for the operation of multiple locations clarify new performance expectations services. by a single hospice provider with a for the governing body. We believe the In the proposed governing body and single Medicare agreement. structure of the current requirements administrator standard at § 418.100(b) We are adding the definition of a does not establish clear performance we emphasize the responsibility of the hospice satellite location. The way in expectations for the operation of all hospice governing body (or designated which hospices are organized has services. The overall goal of the revised persons so functioning) for the changed since the original regulations requirement would be to ensure a management and provision of all were promulgated. Today, unlike small management structure that is organized hospice services including fiscal community based hospices that were and accountable. We believe that a well- operations, quality assessment, operating when the Medicare hospice managed hospice will be more likely to performance improvement, and the benefit first began, it is common to find allocate resources so that patients appointment of the administrator. The large hospice organizations serving a maintain their highest functional actual approach to the administration of patient population widely dispersed capacity. the hospice is left to the discretion of throughout a sizeable geographic area. In the proposed organization and the governing body, thereby affording Some existing hospices operate from administration of services condition the hospice management flexibility. The multiple locations. We believe it is (that is, § 418.100), we have taken the proposed governing body standard appropriate to develop a basis in current CoPs and proposed changing reflects our goal of promoting the regulation to better clarify this them to standards: effective management and organizational structure and we have • Governing body and administrator administration of the hospice as an been asked by hospices to more fully (existing § 418.52). organizational entity without dictating consider the nature of the relationship • Continuation of care (existing prescriptive requirements for how a between a hospice and a satellite § 418.60). hospice must meet that goal. location. • Professional management Section 418.100(c), Services, includes We expect that any hospice that responsibility (existing § 418.56). nursing, medical social services, requests to establish a satellite location • In-service training (existing physician services, counseling services, will be able to demonstrate how it is § 418.64). home health aide and homemaker able to manage and monitor all of the We would also include a standard services, therapy services, short-term services provided in its entire service clearly listing the services that the inpatient care and medical supplies. area, including services from a satellite statute requires hospices to furnish. We The nursing services, physician location. Patients who receive care and are also proposing to add a new services, and drugs/biologicals as services from a hospice satellite location standard for in-service training that specified in § 418.100(c)(2) must be must receive the full range of services would require a hospice to provide in- routinely available on a 24-hour basis. that are documented in the plan of care. service training to all individuals, All other covered services must be We will consider the following factors including volunteers, to address available on a 24-hour basis when in our review of a hospice’s request to identified skill and competency gaps. reasonable and necessary to meet the establish a satellite location: The hospice would be required to have needs of the patient and family. • The hospice’s ability to supervise written policies and procedures In § 418.100(d), Continuation of care, the satellite location to ensure the describing its methods for assessing the current standard is at § 418.60. We timely provision of quality care for skills and competency. It would also be are proposing to recodify this section at patients and families receiving care. required to maintain a written § 418.100(d) without change. • The hospice’s past compliance description of in-service trainings In § 418.100(e), Professional history. offered during the previous 12 months. management responsibility, we are • Relevant State issues and Currently, § 418.50(b)(3), Required proposing to revise some of the current recommendations including a reciprocal services; § 418.52, Governing body; requirements found at § 418.56(b) and agreement between the States to assure § 418.82(c), Acceptable standards of (c). This standard would require written that at least one of the State agencies practice; § 418.92(a), PT, OT and SLP; agreements for services furnished under assumes responsibility for any necessary and § 418.96(a), Administration of drugs arrangement, and would require that the surveys of the satellite location in and biologics, all exist as separate hospice retain professional management situations in which a hospice provides standards. To emphasize the importance and supervisory and financial services in satellite locations across of continuity of care and the focus on responsibility for all services that are state lines. quality, regardless of the site of service, provided to the patient and family. The • The hospice’s assurance that each we are proposing to move these existing hospice would be required to ensure patient receives care from an assigned provisions and incorporate their that all services provided are authorized interdisciplinary group that works performance expectation into the by the hospice, are furnished in a safe effectively together to identify and meet quality assessment and performance and effective manner by qualified the physical, social, emotional, and improvement program that is proposed personnel, and that items and/or spiritual needs of the hospice patients at § 418.58. services specified in the plan of care are and families receiving care. We have long used the term ‘‘in provided. Before operating a satellite location, a accordance with accepted standards of In § 418.100(f)(1), we are proposing a hospice must enroll with the fiscal practice,’’ in various provider and new standard to address the issue of intermediary and notify the State agency

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and CMS of all currently approved clinical information and provide written We are also providing an opportunity satellite locations at the time it requests certification that the individual has a for the hospice to choose to maintain approval for any additional satellite medical prognosis that his/her life clinical records electronically if it locations. If a hospice provides care and expectancy is 6 months or less if the desires and recognize that some services to Medicare beneficiaries at an illness runs its normal course. The hospices are beginning to maintain unapproved or disapproved satellite certification would have to be based on electronic records. The use of electronic location, such services may be the medical director’s or physician health records (EHRs) has the potential determined to be non-covered. At the designee’s clinical judgment regarding to improve patient care and improve time of any satellite location closure the the normal course of the individual’s efficiency. We anticipate that the use of hospice is expected to notify the fiscal illness. electronic health records will become intermediary, State agency and CMS. In the second standard, § 418.102(b), widespread, and will be required in Hospice satellite locations are also Recertification of the terminal illness, future hospice conditions of subject to survey by the State survey we would require that the medical participation. agency or CMS regional office. director or physician designee review We also recognize that there may be Deficiencies that are identified at any the clinical information and the patient significant barriers for hospices that are satellite location will apply to the entire and family’s expectations and wishes interested in maintaining electronic hospice issued the provider agreement for hospice care on an ongoing basis and health records (EHRs) for their patients. number. Satellite locations must comply before each updated assessment. We are interested in learning how the with the hospice conditions of Assessments would be required to be final hospice CoPs and/or other future participation at § 418.52 through updated at least every 14 calendar days regulations can reduce or eliminate § 418.116. according to § 418.54(d). In addition, those barriers. Proposed § 418.100(g), Inservice this standard would also require that the We are interested in public comments training, applies to volunteers and assessment be updated at the time of on the following areas: employees, including those employed each recertification. The timeframes for 1. What are the components of an under arrangement or contract. We are recertification are described in § 418.21. electronic health record (EHR)? What expecting a hospice to take steps to Within § 418.102(c), Coordination of are the advantages and disadvantages of develop appropriate inservice programs medical care, we are proposing that the using an EHR in a hospice setting? or to arrange to acquire training from medical director or physician designee 2. Should an EHR include a personal others. and the hospice interdisciplinary group health record which is accessible to the We are not dictating a specific maintain responsibility for coordinating patient? What are the positive and inservice training program, but rather a patient’s medical care in all settings, negative consequences (e.g. caregivers we expect each hospice to determine the even when multiple physicians are less likely to record certain procedures scope of its own program, including the participating in the care. This level of or observations) of personal health manner in which it chooses to assess coordination ensures that the patient records? competence levels, determine training receives continuous medical care and 3. What are the barriers (e.g. technical, content, and determine the duration and services that are consistent with the clinical) to implementing an EHR frequency of training. hospice philosophy. system in a hospice? We are specifically soliciting public We are also proposing to require that It is obvious that there are many comment on this proposed condition of the medical director or physician different issues regarding the participation. designee be responsible for the institutionalization of EHRs. We are aware that some hospices have already Condition of Participation: Medical hospice’s quality assessment and chosen to pursue this option to one Director (Proposed § 418.102) performance improvement program. This program and implementation of its degree or another. We are interested in [If you choose to comment on issues in findings are critical to ensuring that knowing what their experience has been this section, please include the caption patients receive effective and thus far. How have electronic health ‘‘MEDICAL DIRECTOR’’ at the meaningful care. records impacted the way they allocate beginning of your comments.] We are specifically soliciting public and deliver patient care, and how has We would revise the existing medical comment on this proposed condition. this, in turn, impacted patient director CoP at § 418.54 by outcomes? Condition of Participation: Clinical incorporating current requirements and At § 418.104(a), Content, we would Records (Proposed § 418.104) expanding it to illustrate the importance retain the requirement that the record of having a medical director or [If you choose to comment on issues in include all assessments (including the physician designee coordinate the this section, please include the caption initial assessment and all updated activities of physicians and other health ‘‘CLINICAL RECORDS’’ at the beginning assessments), plan of care, consent and care professionals to ensure that care is of your comments.] election forms, and clinical and progress appropriate and reflects the hospice The proposed condition of notes. We are proposing the following philosophy. To maintain patient care participation, Clinical records, would requirements for the content of the and coordination of services, the incorporate several of the existing clinical record— medical director or physician designee requirements in § 418.74 of the current • Advance directive information as appointed by the medical director, must regulation, Central clinical records. We described in proposed § 418.52(a)(3); either be a hospice employee or under are proposing to add a new requirement • Informed consent, authorization contract with the hospice. A contractual that the clinical record contain accurate and election forms; arrangement with another agency or clinical information that is available to • Responses to medications, symptom organization is not permitted. the physician and hospice staff. management, treatments and services; Section 418.102(a), Initial certification The proposed condition continues to • Patient process and outcome of terminal illness, would incorporate require that all clinical records contain measures as they relate to the plan of the provisions of current § 418.22, and past and current findings and that they care; and require that the medical director or are maintained for each patient who is • Physician certification of terminal physician designee review the patient’s admitted by the hospice. illness as required in § 418.22(c) and

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described in proposed § 418.102(a) and required to provide for the retention and This condition of participation revises (b). storage of clinical records. The hospice the current requirement, found at We recognize that there has been would be required to notify the State § 418.96, and would clarify that durable some confusion between the meaning of agency and its CMS regional office medical equipment, supplies, clinical note and progress note. To where the clinical records would be appliances, and drugs and biologicals eliminate this confusion, we have stored. related to the palliation and defined ‘‘clinical note’’ and ‘‘progress Under proposed § 418.104(e)(1), management of the terminal illness and note’’ in the definitions section. The key Discharge or transfer of care, we have related conditions, as identified in the differences between clinical and proposed a new requirement that plan of care, must be provided by the progress notes are that: Medicare/ Medicaid-approved hospice hospice while the patient is under 1. Clinical notes summarize an actual facilities forward a copy of the patient’s hospice care. patient encounter (as this term is used clinical record and hospice discharge In addition, restrictions regarding the in the field) while progress notes do not summary to the facility to which the use of controlled substances in the necessarily have to; and patient is being transferred. This would patient’s home would be conveyed more 2. Clinical notes comprehensively help to ensure that the information flow clearly. We believe that the hospice, as describe the care provided during that between the hospice and the transfer well as the patient and family, need to encounter while progress notes briefly facility is smooth, so that the level of share in the responsibility and summarize care furnished (which could care will continue without being accountability for maintaining cover a span of time) and the patient’s compromised. controlled substances in the home. response. We believe that these Under § 418.104(e)(2), we would add Primary responsibility rests with the definitions, adopted from the current a new requirement that the hospice hospice, and the hospice must assume conditions of participation for home provide a copy of the patient’s clinical responsibility to educate the family health agencies (42 CFR part 484) will record and hospice discharge summary about the proper use and disposal of provide needed clarity and will ensure to the attending physician if the patient drugs and biologicals and the that the records contain information revoked the election of hospice care or consequences of misuse. necessary to provide high quality was discharged from hospice because Section 418.106(a)(1), Administration patient care. eligibility criteria were no longer met. of drugs and biologicals, would require We are proposing to add a new This requirement was added to ensure that all drugs and biologicals be standard at § 418.104(b), that the patient’s attending physician administered in accordance with Authentication, that requires would be aware of the most current accepted hospice and palliative care authentication of clinical records. All clinical information. standards of practice and according to entries must be legible, clear, complete, The hospice discharge summary the patient’s plan of care. In and appropriately authenticated and requirement proposed at § 418.104(e)(3) § 418.106(a)(2) we are proposing to add dated. Authentication would include would be a new requirement and would a new requirement that the verification of handwritten and/or detail what would be required to be interdisciplinary group be responsible electronic signatures by signature logs contained in the discharge summary. for periodically reviewing the plan of or a computer secure entry of a unique The purpose of the discharge summary care to determine whether the patient identifier for a primary author who has is to provide important clinical and/or family continues to have the reviewed and approved the entry. This information to those medical and other ability to safely administer drugs and new standard addresses technological health professionals who will be biologicals. changes in information management assuming the care of the patient upon Under proposed § 418.106(b), such as the computerization of records discharge from the hospice. At a Controlled drugs in the patient’s home, as well as electronic signatures. A minimum, the discharge summary the hospice would ensure the safe similar requirement is in the conditions would contain information that delivery and accountability of of participation for hospitals. accurately describes the patient’s stay, controlled drugs in the patient’s home. We are proposing to re-codify the current plan of care, recent treatment, The hospice would have to have a existing requirement found in symptom, and pain management policy for the tracking, collecting, and § 418.74(b) as § 418.104(c), Protection of information, most recent physician disposing of controlled drugs information. This re-codified provision orders, and any other documentation maintained in the patient’s home. would require that all patient that would assist in post-discharge During the initial assessment, the information, including the clinical continuity of care. hospice policy regarding the use and record and its contents, be safeguarded Under § 418.104(f), Retrieval of disposal of controlled drugs would be against loss or unauthorized use. The clinical records, we would require that required to be discussed with the text would also be revised to reflect that clinical records, whether in hard copy patient and family, and the hospice all hospices must also comply with the or electronic form, be made readily nurse would be required to document Privacy Rule published in the Federal available to, and retrievable by, an that the policy had been discussed with Register on December 28, 2000 (65 FR appropriate authority. the patient and family. Because 82461) as amended on August 14, 2002 We are specifically soliciting public controlled drugs can pose significant (67 FR 53182) and contained in 45 CFR comment on this proposed condition of danger to patients if improperly parts 160 and 164. participation. ingested or abused, educating patients Under § 418.104(d), Retention of and families may prevent unwanted records, we propose to ensure Condition of Participation: Drugs, complications. protection of the patients information by Controlled Drugs, Biologicals, Medical In § 418.106(c), Use and maintenance adding a new requirement that patient Supplies, and Durable Medical of equipment and supplies, a hospice records be retained for 5 years after the Equipment (Proposed § 418.106) would be responsible for overseeing the death or discharge of the patient, unless [If you choose to comment on issues in use of durable medical equipment and State law stipulates a longer period of this section, please include the caption supplies in the patient’s home. Through time. If the hospice discontinues ‘‘DRUGS, SUPPLIES, and DME’’ at the the Medicare survey process and operation, hospice policies would be beginning of your comments.] beneficiary complaints, we have found

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that equipment that is not properly attendance on a particular shift to serve that meet the nursing needs of all maintained does not perform properly the patient will have no effect on the patients and are furnished in and may harm the patient. Under this patient’s care. accordance with each patient’s plan of proposal, the hospice would be Under proposed § 418.108(c), care, as well as the skill level of the staff responsible for making certain that Inpatient care provided under that provides care, in accordance with equipment being furnished under the arrangement, we would incorporate State licensing requirements. We would plan of care is operating safely. The many of the existing requirements in require that each patient be kept hospice may carry out this existing § 418.56(e). In particular, we comfortable, clean, well-groomed and responsibility through a contractual would require that a hospice train the protected from accident, injury, and arrangement with others, but would personnel who would be providing infection. continue to maintain primary patient care in an inpatient facility. The When assessing a facility’s responsibility. hospice model of patient care is very compliance with this proposed Stressing the importance of providing different from the curative model of regulation, we would expect to see that families with information and levels of patient care that medical personnel are the staffing level met the needs of the comfort relative to the care being trained in. Therefore, in order to ensure patients. For example, if a patient furnished to family members, we are that patients in inpatient facilities experiences unexpected break-through proposing a new medical equipment continue to receive care that is pain and needs additional pain and supplies requirement. The hospice consistent with the hospice philosophy management, we would expect that a would be required to take action to (i.e., proactive pain management, staff member with the appropriate skills ensure that the family received interdisciplinary care), it is important be available to care for that patient. If a instruction in the safe use of equipment that inpatient facility personnel be staff member with the appropriate skills, and supplies. In order for the family to trained to understand the hospice and knowledge is not available to care participate in providing quality care to philosophy and model of care. for that patient and assure that his or the patient, the family members would Under proposed § 418.108(d), her pain is effectively managed, then the need to understand how and when to Inpatient care limitation, and hospice would be considered to be out use equipment and supplies. § 418.108(e), Exemption from limitation, of compliance with this proposed We are specifically soliciting public we are proposing to re-codify the regulation. comment on this proposed condition of existing requirements at § 418.98(c) and In § 418.110(c), Physical environment, participation. (d), respectively, without changes. we are proposing that the hospice maintain a safe physical environment Condition of Participation: Hospices Condition of Participation: Short-Term that is free of hazards for patients, staff, That Provide Inpatient Care Directly Inpatient Care (Proposed § 418.108) and visitors. In § 418.110(c)(1), Safety (Proposed § 418.110) [If you choose to comment on issues in management, in paragraphs (c)(1)(i) and this section, please include the caption [If you choose to comment on issues in (c)(1)(ii), we are proposing that the ‘‘SHORT TERM INPATIENT CARE’’ at this section, please include the caption hospice prevent situations that pose a the beginning of your comments.] ‘‘INPATIENT CARE’’ at the beginning of threat to the health and safety of the Under proposed § 418.108, we would your comments.] patients, others, or property whenever retain the requirement that hospices Under proposed § 418.110, we are possible. The hospice would be required make inpatient care available for pain proposing to revise the existing to promptly report and investigate all control, symptom management, and requirements, currently located at incidents that involve injury to patients, respite purposes, and that care be § 418.100, as follows: staff or visitors, or that involve damage provided either in the hospice or in a Under § 418.110(a), Staffing, we to property. The hospice would be participating Medicare or Medicaid would include the expectation that required to report such incidents to the facility. staffing for all services provided by the appropriate State and local bodies We would recodify the current hospice reflect the volume of patients, having regulatory jurisdiction. The requirement found at § 418.98(a), Short- patient acuity, and the level of intensity hospice would also be required to take term inpatient care, as § 418.108(a), of the services as reflected in the plan action to correct the problems promptly. Inpatient care for symptom management of care to ensure that expected outcomes The hospice would be required to take and pain control. of care are achieved and negative steps to prevent equipment failures and The references to the condition at outcomes are avoided. We also would correct and report any equipment § 418.108(b), Inpatient care for respite eliminate our requirement that a failures promptly. In § 418.110(c)(1)(iii) purposes, would no longer focus on registered nurse provide direct patient we have retained the existing process as in the existing § 418.98. care each shift when the condition of requirement at § 418.100(b) that the Rather, the updated standards reflect the patient does not require the care of hospice periodically rehearse with staff expected outcomes of care. a registered nurse on each shift. This a disaster preparedness plan for We would eliminate the existing change would reduce the staffing managing the consequences of natural requirement found at § 418.100(a)(2), burden for hospices and is a result of disasters and other emergencies that requiring a registered nurse to provide recommendations made by the affect the hospice’s ability to provide direct patient care on each shift. We Secretary’s Advisory Committee on care. We believe that special emphasis believe that the patient’s plan of care Regulatory Reform.We are proposing to should be placed on carrying out the and the patient’s condition should remove the requirement in the existing procedures necessary to protect the determine the amount and skill level of § 418.100(a)(2) that each shift include a patients and others. nursing care required, as well as the registered nurse that provides direct In § 418.110(c)(2), Physical plant and skill level and State licensing patient care for those patients who are equipment, paragraphs (c)(2)(i) through requirements of the staff to provide receiving short-term inpatient care for (c)(2)(iv), we are proposing that there be requisite care. If the patient does not symptom management. We are procedures for the management of light, need care by a registered nurse, proposing in § 418.110(b), 24-hour temperature, and ventilation controls imposing a requirement on a hospice nursing services, that the hospice throughout the hospice (including air that mandates a registered nurse to be in facility provide 24-hour nursing services exchange) for patient care. The hospice

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would be required to make battery Proposed § 418.110(g), Toilet/bathing evening and breakfast meals, and having lamps and flashlights available in all facilities, is linked with patient rooms a staff member trained in food areas not served by an emergency in the current requirement found at management or nutrition. electrical supply source. The hospice § 418.100(f). We are proposing to revise In § 418.110(m), Pharmaceutical would be required to make available an this requirement as a stand-alone services, we are proposing to re-codify emergency gas and water supply. All standard. As such, it would highlight the existing requirement found at equipment would be required to be our concern for the adequacy of toilet § 418.100(k) without substantive properly maintained. and bathing facilities, and would change. In § 418.110(d), Fire protection, we provide more flexibility for State agency In § 418.110(n), Pharmacist, we would are proposing to recodify, without surveyors in evaluating the assign this requirement a higher level of change, the existing provisions in appropriateness of these facilities. We importance by making it a standard. § 418.100(d). These provisions were believe it is important for the privacy However, we would retain the essential amended on January 10, 2003 (68 FR and comfort of the patient and family to elements of the current requirement. 1374) to adopt the year 2000 version of have toilet and bathing facilities in each [If you choose to comment on the issues the Life Safety Code. They were also patient room, or conveniently located contained in paragraph (o) of this amended on August 11, 2004 to clarify near the patient’s room. section, please include the caption the effective date of the roller latch We are proposing no changes to ‘‘SECLUSION AND RESTRAINT’’ at the prohibition (69 FR 49266). In addition, existing § 418.100(g) bathroom facilities, beginning of your comments.] they were amended on March 25, 2005 except to recodify it at § 418.110(h) and Section 418.110(o), Seclusion and (70 FR 15229) to address the use and rename it, Plumbing facilities. restraint, would be a new standard. A placement of alcohol-based hand rubs. In § 418.110(i), Infection control, we number of accidental injuries and Proposed § 418.110(e), Patient areas, are proposing to revise infection control would be recodified from § 418.100(e) standards to conform to those required deaths across inpatient providers due to without change. of other provider types, such as home the use of seclusion and restraints have Proposed § 418.110(f), Patient rooms, health agencies and hospitals. We been documented. Therefore, we would be revised. We are proposing in would require a hospice to establish an discourage the use of seclusion and § 418.110(f)(3)(iv) that each room infection control program that protects restraints, but are aware that their accommodate no more than two patients, families, and staff against application may be warranted for brief patients. We are proposing the two communicable diseases and would periods or in rare instances. In response patients per room requirement in prevent and control the spread of to the accidental deaths and injuries, we recognition of the fact that hospice infections. The infection control published (in 1999) a new condition in patients in the inpatient setting are program would be required to follow the hospital CoPs that included a new critically ill and may be actively dying. national infection control standards and standard at § 482.13(f), Standard: These patients and their families need be part of the hospice’s overall quality Seclusion and restraint for behavior the additional privacy that a two patient assurance and performance management. room affords them in order to help improvement and education program. The hospital seclusion and restraint preserve the patient’s comfort and We also propose to retain the CoP was the basis for the proposed dignity during the dying process. We requirement that hospices provide a hospice seclusion and restraint CoP. We believe this is the standard sanitary environment by following also considered the seclusion and accommodation in most facilities. accepted standards of practice. restraint language in section 3207 of the Due to the potentially high cost of We are not proposing any specific Children’s Health Act (CHA), Public retrofitting older buildings, the approaches to meeting the infection Law 106–310, codified at section 591 of proposed rule would allow existing control requirement, but we would the Public Health Service Act (42 U.S.C. hospice facilities with more than two expect to see clear evidence that the 290ii). The CHA provision requires that patients in each room to receive a hospice aggressively sought to minimize any health care facility that receives waiver of this requirement. This waiver the spread of infection through the use Federal funds, including Medicare would be based on whether or not the of infection control techniques, such as approved hospices, protect and promote hospice was already providing direct standard precautions by its staff, and every patient’s right to be free from ‘‘any inpatient care when this regulation through the efforts made by the hospice restraints or involuntary seclusions would become effective. That is, if a to help families and caregivers imposed for purposes of discipline or hospice is providing direct inpatient minimize the spread of infection. convenience.’’ The CHA clearly care in a building on the day before the We are proposing to re-codify the described the circumstances in which effective date of a final rule, and they current requirement § 418.100(h), Linen, restraints or seclusion may be had more than two patients in each as § 418.110(k) without substantive appropriate. The proposed seclusion room, then the hospice would qualify change. and restraint requirement for hospices for a waiver of the proposed In proposed § 418.110(l), Meal service would codify the changes made to the requirement. If a hospice chose to begin and menu planning, we are proposing to Act by the CHA. We believe that adding operating its own inpatient unit after the revise the existing § 418.100(j). We this new requirement to the hospice effective date of a final rule, then it would make this standard less CoPs may promote safe use of seclusion would not qualify for the proposed restrictive, and would emphasize the and restraints and may prevent waiver, and would thus be required to need for a hospice to focus more on accidental injury or death while a have no more than two patients per outcomes rather than process. patient is receiving care as an inpatient room. Specifically, we believe that a hospice in a hospice. The remaining paragraphs in this should focus on meeting the patient’s We have focused this standard on the standard would be virtually the same as nutritional and plan of care needs. We proper use of seclusion and restraints, in the current requirement (§ 418.100(f), would eliminate several structural the need for hospice personnel to with only minor language changes that requirements, such as serving at least receive training and education in the would not change the substantive three meals at regular times, with no proper use of seclusion and restraint requirements of the regulation. more than 14 hours between substantial application and techniques, and the

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need for hospice personnel to receive and Recommendations’’ (Harvell, delegate any of its standard hospice core training and education in alternative Jennie; Jackson, Beth; Gage, Barbara; services to the nursing or residential methods for handling situations that Miller, Susan; and Mor, Vincent, 2000 facility staff. arise. We emphasize that seclusion and March). This report made several In proposed § 418.112(d), Medical restraint may only be used if needed to recommendations, some of which director, a hospice medical director improve the resident’s well-being or related to training and hospice care would be expected to play an integral protect him or her or others from harm, outcome measurement. role in providing medical supervision to and only when less restrictive The relationship between hospices the hospice interdisciplinary group and interventions have been determined and nursing facilities was also in providing overall coordination of the ineffective. We encourage the public to addressed by the Secretary’s Advisory patient’s plan of care. The medical comment on this standard, especially Committee on Regulatory Reform. The director’s expertise in managing pain with respect to instances where committee focused on clarifying the and symptoms associated with the seclusion and restraint are appropriate responsibilities of each provider and on patient’s terminal disease is necessary, and inappropriate. the patients accessing the hospice regardless of the setting in which the benefit while they are facility residents. patient is receiving hospice services to Condition of Participation: Hospices Based on the recommendations of the That Provide Hospice Care to Residents ensure that the hospice patient has committee, as well as the reports from access to quality hospice care. of a SNF/NF, ICF/MR, or Other Operation Restore Trust, the Office of Facilities (Proposed § 418.112) Therefore, the medical director must Inspector General, and the Assistant communicate with all facility [If you choose to comment on issues in Secretary for Planning and Evaluation, physicians and the attending physician this section, please include the caption we would add this new condition of and other professionals involved in ‘‘RESIDENTS RESIDING IN A participation. We are preparing a developing and/or implementing the FACILITY’’ at the beginning of your separate regulatory document to address patient’s plan of care. comments.] long-term care facility obligations Under proposed § 418.112(e), Written Hospice care is an approach to regarding residents receiving hospice agreement, we are proposing that a treatment that recognizes that the services. comprehensive and legally binding impending death of an individual To ensure that quality hospice care is written agreement be developed warrants a change in the focus from provided to eligible patients, we are between the hospice and facility and curative care to palliative care (relief of proposing a new condition at § 418.112, that it be in effect before any hospice pain and other uncomfortable Hospices that provide care to residents care is provided to a facility resident. symptoms). The goal of hospice care is of a SNF/NF, ICF/MR or other facility. The purpose of the written agreement to help terminally ill individuals to Regardless of where the hospice patient would be to ensure that the duties and continue life with minimal disruption to resides, the responsibility for responsibilities of the hospice and normal activities while remaining developing and implementing an facility are clearly articulated and primarily in the home environment. appropriate plan of care rests with the executed in a manner that ensures that A participating hospice may provide hospice. the resident will receive quality hospice care to an eligible patient in an Under proposed § 418.112(a), care. The written agreement would be environment that the patient chooses to Resident eligibility, election and required to include the following: be his or her home. This includes duration of benefits, we would specify (1) Written consent and hospice care provided to residents who that it is incumbent upon the hospice to documentation of the patient or the choose to live in skilled nursing ensure that the resident meets all the patient’s representative that hospice facilities, nursing facilities, intermediate same Medicare eligibility requirements services were desired; care facilities, mental retardation for hospice care (found at § 418.20 to (2) Identification of the services that facilities, and other facilities. § 418.30), as a patient who resides in his the hospice and the facility would The provision of hospice care to or her home in the community. provide; residents of those facilities has come At proposed § 418.112(b), Professional (3) The manner in which the facility under scrutiny as a result of Operation management, the hospice would be and the hospice would communicate to Restore Trust (ORT) activities and expected to assume full responsibility ensure that the needs of the patient were Inspector General (OIG) reports from for all of the hospice care provided to addressed and met 24 hours a day; and 1996, 1997, and 1998. An OIG report the resident. This would include (4) A requirement that the facility released in 1997 found that ‘‘contractual making arrangements for any inpatient immediately notify the hospice when— arrangements between hospices and care that the patient would require in (i) A significant change in the nursing homes present vulnerabilities accordance with § 418.100. This patient’s physical, mental, social or for inappropriate use of excessive standard reinforces our belief that emotional status occurred; Medicare and Medicaid payments being continuity of care is crucial for hospice (ii) Clinical complications appeared made to hospices or to nursing homes’’ care in any setting. that suggested a need to alter the plan (U.S. D.H.H.S. OIG, Hospice and In proposed § 418.112(c), Core of care; Nursing Home Contractual services, (and in accordance with (iii) A life threatening condition(s) Relationships, Nov. 1997, OEI–05–95– sections 1861(dd)(1) and (2)(A) of the appeared; 00251. See also, OIG Special Fraud Act), the hospice would be required to (iv) A need to transfer the patient Alert, Fraud and Abuse, Nursing Home provide all necessary core services to its from the facility arose; and Arrangements with Hospices, Mar. patients in the same manner that it (v) The patient died. 1998). In addition, in 2000 the Assistant would provide core services to a patient As the primary entity responsible for Secretary for Planning and Evaluation residing in a home in the community. the patient’s care, the hospice should (ASPE) Office of Disability, Aging and The plan of care would have to identify assume responsibility for determining Long-Term Care Policy and the Urban the care and services that were needed the appropriate course of care and the Institute published a report entitled and specify which provider would be decision to change the level of services ‘‘Synthesis and Analysis of Medicare responsible for providing that care. It is provided. The hospice would make Hospice Benefit Executive Summary not reasonable to expect the hospice to arrangements for, and remain

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responsible for, any necessary would be needed and specifically ‘‘PERSONNEL QUALIFICATIONS’’ at continuous care or necessary inpatient identify which provider would be the beginning of your comments.] care related to the terminal illness. responsible for performing the We are proposing significant revisions We would require that the agreement respective functions that were agreed to the personnel qualifications for delineate the facility’s responsibilities, upon and included in the plan of care. hospice employees. Specifically, we including room and board and other The performance of the functions would provide that in cases where services and treatment, support or should reflect the participation of the personnel requirements are not otherwise. We would also require a hospice, SNF/NF, ICF/MR, or other statutory, or do not relate to a specific delineation of the hospice’s facility, and the patient and family to payment provision, we would require responsibilities including medical the extent possible. The plan of care personnel to meet State certification or direction and management of the would need to be reviewed at least licensure requirements. Under our patient, as well as nursing, counseling every 14 days and as needed to reflect proposal, the personnel qualifications (including spiritual and dietary changes in the patient’s condition. In would fall into three basic categories counseling), social work, bereavement conjunction with members of the that include: (1) General qualifications, counseling for family members, the facility’s team, the hospice and the (2) personnel qualifications for provision of medical supplies and attending physician would have to physicians, speech-language durable medical equipment, and the discuss any changes in the plan of care, pathologists, and home health aides, provision of drugs necessary for the and these changes would have to be and (3) personnel qualifications when palliation of pain and symptoms approved by the hospice before no State licensing laws or State associated with the terminal illness. The implementation. certification or registration requirements hospice would be required to provide At proposed § 418.112(g), exist. Under our proposed directly substantially all of the services Coordination of services, we are reorganization of part 418, the personnel necessary for the care of the patient’s proposing that the hospice designate a qualifications would be located at terminal illness. member of the interdisciplinary group § 418.114. We discuss the personnel The hospice would be able to utilize to coordinate the implementation of the qualifications in detail below. the facility’s nursing personnel (where plan. The hospice would provide the (1) General qualifications (proposed permitted by the facility and by law), for facility with the plan of care, hospice § 418.114(a)). the administration of prescribed consent form, contact information for This category would encompass therapies included in the plan of care, hospice personnel involved in the care but only to the extent that the hospice of the resident, instructions on licensed professionals who provide would routinely use the services of a accessing the hospice 24-hour on-call hospice services directly, either as hospice patient’s family in system, medication information specific employees or under individual contract, implementing the plan of care. to the patient, physician orders, and any or under arrangement with a hospice. These would be mandatory agreement advance directives. We believe that These professionals must be licensed, or provisions, but would not limit the these requirements would ensure certified or registered to practice by the scope of the relationship between the effective communication between the State in which they perform the hospice and the facility. Additional hospice and the facility. functions, as applicable. All personnel provisions could be added subject to Under proposed § 418.112(h), who fall into this category must act mutual agreement. Transfer, revocation, or discharge from exclusively within the scope of the State Under proposed § 418.112(f), Hospice hospice care, we would specify that the license, certification or registration. plan of care, just as required for hospice proposed requirement for discharge or Examples of personnel who fall into this services furnished to patients not revocation found at § 418.104(e) applies. category are registered nurses, licensed residing in an inpatient facility, we are In addition, we would specify that practical nurses, physical therapists, proposing that a written plan of care discharge or revocation of the hospice and physical therapist assistants; all would be required to be established and care would not impact the eligibility to States currently have licensing or maintained for each facility patient. The continue to reside in a SNF/NF, ICF/ certification requirements for these plan of care would be required to be MR, or other facility. caregivers. coordinated with and developed by the At proposed § 418.112(i), Orientation (2) Personnel qualifications for hospice interdisciplinary group and and training of staff, we would specify physicians, speech-language SNF/NF, ICF/MR, or other facility in that the hospice staff would be required pathologists, and home health aides collaboration with the attending to train facility staff who provide care to (proposed § 418.114(b)). physician. The care provided would hospice patients on aspects of the Section 1861(r) of the Act defines a have to be in accordance with the plan. hospice philosophy and unique program physician as a doctor of medicine, The plan would have to reflect the features, including policies and osteopathy, or podiatry legally hospice philosophy in all aspects and be procedures, methods of comfort, pain authorized to practice medicine and/or based on an assessment of the patient’s control and symptom management, surgery by the State in which that needs and unique living situation in the general principles about death and function or action is performed. We facility. The plan would have to address dying and individual responses, patient would refer to this definition at the patient’s current medical, physical, rights, appropriate forms, and record § 418.114(b)(1). Sections 1861(ll)(1) and social, emotional, and spiritual needs keeping requirements. (3)(A) of the Act define a qualified based on the problems identified in the We are specifically soliciting public speech-language pathologist as an initial comprehensive and updated comment on this proposed condition of individual with a master’s or doctoral comprehensive assessments, and other participation. degree in speech-language pathology who is licensed as a speech-language assessments. Directives for the Condition of Participation: Personnel pathologist by the State in which the management of pain would have to be Qualifications for Licensed individual furnishes those services. In addressed and updated as necessary to Professionals (Proposed § 418.114) reflect the patient’s status. the case of an individual who furnishes We are proposing that the plan of care [If you choose to comment on issues in services in a State that does not license identify the care and services that this section, please include the caption speech-language pathologists, the

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individual must have successfully bereavement process through in-depth Work Education, or a bachelor’s degree completed 350 clock hours of counseling. Bereavement counseling can in psychology, sociology or another supervised clinical practicum (or is in take many forms, depending on the field related to social work. the process of accumulating the individuals who will be receiving it. For In 2001, 4,087 MSWs were employed supervised clinical experience), example, one patient’s family may by the nation’s 2,316 hospices (National performed not less than 9 months of require intimate counseling sessions for Association for Homecare, 2002 Hospice supervised full-time speech-language the patient’s children while a large Industry Report, http://www.nahc.org/ pathology services after obtaining a group session may be more appropriate Consumer/hpcstats.html). We recognize master’s or doctoral degree in speech- for nursing facility staff and residents. that MSWs may not be available in all language pathology or a related field, Determining the exact needs of these areas. If a hospice chooses to also utilize and successfully completed a national individuals and meeting those needs the services of a social work assistant, examination in speech-language through counseling sessions and other then the MSW would only have to be pathology approved by the Secretary. support mechanisms requires the employed part-time to supervise the Section 1891(a) of the Act also defines expertise of a qualified social worker. services. According to the NHPCO the qualifications for home health aides. At present, a social worker is required study, ‘‘[a]ppropriate clinical However, we believe that the to possess a bachelor’s degree in social supervision is essential for social description of qualifications for home work from an accredited school. There workers. Like any other profession, health aides would be more is no consensus regarding the optimum social workers require supervision by appropriately located under the home qualifications that a social worker must seasoned social work practitioners to health aide services CoP. Thus, the possess when furnishing services to a continue to grow into high quality requirement would be cross-referenced hospice patient. However, there is skilled professionals.’’ at proposed § 418.76(a). strong anecdotal evidence that a social We are specifically soliciting (3) Personnel qualifications when no worker who possess a Master’s of Social comments about whether the care State licensing laws or State Work (MSW) degree from an accredited furnished by an MSW should be certification or registration requirements institution and who has at least one year considered the standard of care for exist. of health care experience would provide hospice patients. Would an MSW When a State does not have a a higher level patient care. Anecdotal provide a higher level of care than a licensure, certification, or registration evidence also exists that suggests that social worker with a bachelor’s degree? requirement, the hospice would apply patients and families that receive Should CMS require that any social the qualifications in § 418.114(c). This services from a Master’s of social work worker, regardless of the degree, have at category would consist of all current are more satisfied with the care they least one year of experience in a health personnel qualifications specified in receive. care setting? Should CMS allow social proposed § 418.3, Definitions. We In addition to the patient care work assistants with bachelor’s degrees understand that portion of these advantages that MSWs offer, a hospice to function under the supervision of an qualifications may seem outdated. may anticipate a reduction in overall MSW? Would increasing the However, we believe that there may still and per patient costs when utilizing qualifications for social workers to an be individuals who met the MSWs who have at least one year of MSW while retaining social work requirements of the 1960s and 1970s experience. A study conducted by the assistants with bachelor’s degrees and who are still practicing in their National Hospice and Palliative Care impact patient access to social work chosen field today. Therefore, we Organization (NHPCO) found that an services? Would employing both social propose to include these personnel increase in social work experience after workers and social work assistants qualifications. We welcome comments academic training resulted in decreased ensure that hospices have the flexibility on these revisions. overall care costs, including nights of to meet the needs of patients and their [If you choose to comment on issues continuous care. The study concludes families? related to the qualification standards for that, ‘‘[h]ospice programs will benefit by Please note that the policy regarding social workers, please include the hiring the best qualified and most credentialing would not apply under caption ‘‘SOCIAL WORK’’ at the experienced social workers available.’’ Medicare Part B, when a specific level beginning of your comments.] (Reese, Dana J.; Raymer, Mary; and or education or training is specified as We are specifically requesting Richardson, Joan, National Hospice a precondition for reimbursement. For comment on the qualifications for a Social Work Survey, 2000 March). example, Part B payment may be made social worker. Hospice care marks the Two issues may contribute to limiting for the services of clinical social passage from life to death. The services any change in the social work workers, and the law specifically furnished by a hospice takes on a higher qualification requirement— the defines a clinical social worker in level of importance that greatly affects a availability of personnel to work full section 1861(hh) of the Act. Thus, the patient’s physical and emotional time, and the availability of personnel to definitions contained in this section comfort, and which will be remembered serve rural areas. Some hospices may generally would apply for hospice by family members forever. The social not be able to employ an MSW on a full- certification purposes only in States worker plays an important role in time basis. Even if CMS were to increase where there were no State licensure providing these services to patients and the education requirement to an MSW requirements. their families. Patients often enter level, hospices would still be allowed to In § 418.114(d), we are proposing a hospice care in a time of crisis and they employ individuals with a bachelor’s new requirement that a hospice be along with their families sometimes degree in some circumstances. These required to obtain a criminal require intense interventions that are individuals would be able to work background check for all hospice and handled by a social worker. Patients and under the supervision of an MSW and contract employees before employment their families rely on social workers for would be identified as social work at the hospice. We believe that this is an emotional support and guidance during assistants. A social work assistant important safety measure to protect both the patient’s care. would be defined as an individual who patients and the hospice. We are Later, the social worker’s goal is to has a bachelor’s degree from a school soliciting public comment on this help family members during the accredited by the Council on Social proposed standard.

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Condition of Participation: Compliance would be cited as a violation under the be reimbursed for Medicare services. With Federal State and Local Laws and Medicare CoPs. We would not cite a This provision seeks to ensure that Regulations Related to Health and hospice whose problem was remedied. hospice patients receive the same level Safety of Patients (Proposed § 418.116) We will cite hospices when violations of of quality care from the appropriate The provisions concerning licensure Federal, State, and local laws and personnel at all sites of service. The requirements for hospices are currently regulations affect the health and safety requirement that hospices comply with located at § 418.72, Condition of of patients; the ability of hospices to State licensure laws before providing participation: Licensure. We are deliver quality services; the rights and services to Medicare beneficiaries proposing to expand this condition in well-being of patients; and/or the would apply to the hospice as an entity the following manner: management of the hospice and its as well as to any personnel furnishing We would make a minor revision to ability to recruit qualified staff. services to hospice patients. the language at existing § 418.72(a), Under § 418.116(b), Multiple We are proposing to recodify the which would require the hospice and its locations, we would continue to require current requirements at § 418.92(b), staff to operate and furnish services in that the hospice comply with the regarding laboratory services, at compliance with all Federal, State, and requirements of § 420.206 regarding § 418.116(c). local laws and regulations applicable to disclosure of ownership and control IV. Hospice Crosswalk (Cross Refers hospices related to health and safety of information. We would also provide Existing Requirements to Proposed patients. The State agency and CMS that the hospice and any other satellite Requirements) would exercise discretion in locations operated under the same determining whether a violation of an provider number be licensed in The following table shows the applicable Federal, State, or local law or accordance with applicable State relationship of the former sections to the regulation related to health and safety licensure laws before the hospice could current ones.

DERIVATION TABLE

Citation Current conditions existing Proposed condition Citation (Part 418, subpart C, D, E) section

Scope of Subpart Definitions ...... 418.3 Definitions ...... 418.3 General provisions ...... 418.50 (a) Compliance...... Organization and Administration 418.100(c)(2) of Services. (b) Required services ...... Organization and Administration 418.100(c)(2) of Services. (c)(1) 24 hour nursing, physician services, and drugs and ...... Organization and Administration 418.100(c)(1) biologics. of Services. (2) Other 24 hour services. (3) Utilize accepted standards of practice ...... Core Services and Furnishing of 418.64 and 418.72 Non-core Services. (d) Disclosure of information ...... Deleted. Medical director: The medical director is: A hospice employee, a 418.54 Medical Director...... 418.102 doctor of medicine or osteopathy, responsible for the medical component of the hospice’s patient care program. Professional management ...... 418.56 (a) Continuity of care ...... Deleted. (b) Written agreement: (1) Identification of services to be provided ...... Interdisciplinary Group Care 418.56(c) Planning and Coordination of services. (2) Express authorization of the hospice required for all ...... Organization and Administration 418.100(e)(1) services. of Services. (3) Coordination, supervision, and evaluation of con- ...... Organization and Administration 418.100(e) tracted services. of Services. (4) Roles of hospice and contractor in admission, assess- ...... Deleted ment, and interdisciplinary group. (5) Documentation of services furnished by contractor ...... Organization and administration 418.100(e) of services. (6) Personnel qualifications ...... Organization and administration 418.100(e)(2) of services. (c) Professional management ...... Organization and administration 418.100(e) of services. (d) Financial responsibility. (e) Inpatient care: (1) Copy of the patient plan of care specifying the serv- ...... Short term inpatient care ...... 418.108(c)(1) ices to be provided is given to inpatient provider. (2) Inpatient provider abides by hospice patient care pro- ...... Short term inpatient care ...... 418.108(c)(2) tocols and maintains compatible policies. (3) Medical record provided to hospice upon request...... Short term inpatient care ...... 418.108(c)(3) Must include all inpatient services and events and a copy of the discharge summary. (4) Responsibility for implementing agreement provisions ...... Short term inpatient care ...... 418.108(c)(4)

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DERIVATION TABLE—Continued

Citation Current conditions existing Proposed condition Citation (Part 418, subpart C, D, E) section

(5) Hospice responsible for training all care providers ...... Short term inpatient care ...... 418.108(c)(5) NEW Comprehensive Assessment of 418.54 the Patient Initial assessment...... (a) Time frame for the completion of the comprehensive assess- ment ...... (b) Content of the comprehensive assessment ...... (c) Update of the comprehensive assessment ...... (d) Outcome measures on the patient Plan of Care ...... 418.58 A written plan of care must be established and maintained for ...... Interdisciplinary Group Care 418.56 each individual admitted to a hospice program and the care pro- Planning and Coordination of vided to an individual must be in accordance with the plan. Services. (a) Plan established by attending physician, medical director ...... Interdisciplinary Group Care 418.56(b) or physician designee and interdisciplinary group prior to planning and Coordination of providing care. Service. (b) Plan reviewed, updated, and documented at specified in- ...... Interdisciplinary Group Care 418.56(d) tervals by attending physician, medical director or physician Planning and Coordination of designee and the interdisciplinary group. Services. (c) Plan includes assessment of needs and identification of ...... Interdisciplinary Group Care 418.56(c) services. It state in the scope and frequency of services Planning and Coordination of needed. Services. Continuation of care: No discontinuation or diminishment of care 418.60 Organization and Administration 418.100(d) due to the Medicare beneficiary’s inability to pay for that care. of Services. Informed Consent: The Informed consent form specifies the type 418.62 Patient Rights ...... 418.52(a) of care and services that may be provided during the course of the illness, and it must be completed for every individual, either from the individual or representative as defined in 418.3. Inservice training: A hospice must provide an ongoing program for 418.64 Organization and Administration 418.100(g) the training of its employees. of services. Quality assurance: A hospice must conduct an ongoing, com- 418.66 Quality Assessment and perform- 418.60 prehensive, intetrated, self-assessment of the quality and appro- ance Improvement. priateness of all care provided. The findings are used to correct problems and revise hospice policies. Those responsible for the quality assurance program must. (a) Implement and report on activities and mechanisms for ...... Quality Assessment and perform- 418.60(d) monitoring the quality of patient care. ance Improvement. (b) Identify and resolve problems ...... Deleted. (c) Make suggesitons for improving patient care ...... Quality Assessment performance 418.60(c)(3) Improvement. Interdisciplinary group: The hospice must designate an inter- 418.68 IDG Group Care Planning and 418.56(a) disciplinary group(s) composed of individuals who provide or su- Coordination of Services. pervise care and services offered by the hospice. (a) The interdisciplinary group(s) must include certain special- ...... IDG Care Planning and Coordi- 418.56(a) ists. nation of Services (b) The interdisciplinary group is responsible for— (1) Participation in the establishment of the plan of care ...... IDG Care Planning and Coordi- 418.56(b) nation of Services. (2) Provision of supervision of hospice care and services ...... IDG Care Planning and Coordi- 418.56(a)(1)(3) nation of Services. (3) Periodic review and updating of the plan of care for ...... IDG Care Planning and Coordi- 418.56(d) each individual receiving hospice care; and. nation of Services. (4) Establishment of policies governing the day-to-day ...... IDG Care Planning and Coordi- 418.56(a)(2) provision of hospice care and services. nation of Services. Only one interdisciplinary group chosen in advance may exe- ...... Deleted. cute the functions described in the paragraph (b)(4) of this section. (d) Designating a registered nurse to coordinate the imple- ...... IDG Care Planning and Coordi- 418.56(a)(1) mentation of the plan of care for each patient. nation of Services. Volunteers: The hospice in accordance with the numerical stand- 418.70 Volunteers ...... 418.78 ards, specified in paragraph (e) of this section, uses volunteers, in defined roles, under the supervision of a designated hospice employee. (a) The hospice must provide appropriate orientation and ...... Volunteers ...... 418.78(a) training. (b) Volunteers must be used in direct patient care or adminis- ...... Volunteers ...... 418.78(b) trative roles.

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DERIVATION TABLE—Continued

Citation Current conditions existing Proposed condition Citation (Part 418, subpart C, D, E) section

(c) The hospice must document active and ongoing efforts to ...... Volunteers ...... 418.78(c) recruit and retain volunteers. (d) The hospice must document the cost savings achieved ...... Volunteers ...... 418.78(d) through volunteer use. Documentation must include— (1) Necessary positions which are occupied by volun- teers. (2) The work time spent by volunteers occupying those positions; and (3) Estimates of the dollar costs of paying employees to occupy the positions identified in (d)(1) for the time specified in (d)(2). (e) Volunteer staff providing direct patient care and adminis- ...... Volunteers ...... 418.78(e) trative support must equal at least 5 percent of the total pa- tient care hours of all paid hospice employees and contract staff. Any expansion of care and services achieved by using volunteers, including the type of services and time worked, must be recorded. (f) Reasonable efforts made to arrange for visits of members ...... Deleted. of religious organizations to patients who request such visits and must advise patients of this opportunity. Licensure: The hospice and all its employees must be licensed in 418.72 Compliance with Federal, State & 418.116 accordance with applicable Federal, State, and local laws and local laws & regulations related regulations. to health & safety of patients. (a) The hospice must be licensed if State or local law provides ...... Personnel Qualifications for 418.114 and for licensure. Skilled Professionals; and 418.116(a) Compliance with Federal, State & local laws & regulations re- lated to health & safety of pa- tients. (b) Employees who provide services must be licensed, cer- tified or registered in accordance with applicable Federal or State laws. Central Clinical Records: Establishment and maintenance of a clin- 418.74 Clinical Records...... 418.104 ical record for every patient. The record must be complete, promptly and accurately documented, readily accessible and systematically organized to facilitate retrieval. (a) Clinical record is comprehensive. Entries are made and ...... Clinical Records ...... 418.104(a) signed for all services provided whether furnished directly or under arrangements made by the hospice. Each individual’s record contains—. (1) Initial and subsequent assessments ...... Clinical Records ...... 418.104(a)(1) (2) Plan of care ...... Clinical Records ...... 418.104(a)(1) (3) Identification data ...... Deleted. (4) Consent and authorization and election forms ...... Clinical Records ...... 418.104(a)(2) (5) Pertinent medical history ...... Deleted. (6) Complete documentation of all services and events ...... Clinical Records ...... 418.104(a)(1) (b) Protection of information. The hospice must safeguard the ...... Clinical Records ...... 418.104(c) clinical record against loss, destruction, and unauthorized use. Subpart D—Condition of Participation: Core Services: Furnishing of Core Services: Hospice employees must routinely 418.80 Core services ...... 418.64 provide all core services. Contracted staff may supplement hos- pice employees to meet patient needs during peak periods or under extraordinary circumstances. The hospice must maintain professional, financial, and administrative responsibility for con- tracted services and must assure that the qualifications of staff and services provided meet specified requirements. See excep- tion in 418.83. Nursing services: Nursing care and services provided by or under 418.82 Core services ...... 418.64(b) the supervision of a registered nurse. (a) The nursing needs of the patients must be met ...... Core services ...... 418.64(b) (b) Patient care responsibility of nursing personnel must be ...... Deleted. specified. (c) Services are provided in accordance with recognized ...... Core services ...... 418.66 standards of practice. Waiver of all requirements that substantially all nursing services be 418.83 Nursing service waver (re-codi- 418.66 routinely services be routinely provided directly by a hospice. fied). (a) Waiver if located in non-urbanized area, operational on or before January 1, 1983, and good faith effort made to fulfill staffing needs.

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DERIVATION TABLE—Continued

Citation Current conditions existing Proposed condition Citation (Part 418, subpart C, D, E) section

(b) Any waiver request is deemed to be granted unless it is denied within 60 days after it is received. (c) Waivers will remain effective for one year at a time. (d) HCFAa may approve a maximum of two one-year exten- sions for each initial waiver. Medical social services: Medical social services must be provided 418.84 Core services ...... 418.64(c) by a qualified social worker, under the direction of a physician. Physician services: In addition to palliation and management of 418.86 Core services ...... 418.64(a) terminal illness and related conditions, physician employees of the hospice must also meet the general medical needs of the patient. Counseling services: Counseling services, including bereavement, 418.88 Core services...... 418.64(d) dietary, and spiritual counseling, must be available to both the individual and the family. (a) Organized program for the provision of bereavement serv- ...... Core services ...... 418.64(d)(1) ices under the supervision of a qualified professional. A special coverage is specified in 418.204(c). (b) Provision of dietary counseling ...... Core services ...... 418.64(d)(2) (c) Spiritual counseling must include notice to patients as to ...... Core services ...... 418.64(d)(3) the availability of the clergy as provided in 418.70(f). (d) Counseling may be provided by others ...... Deleted. Subpart E—Condition of Participation: Other services: Furnishing other services: The services described in this subpart 418.90 Furnishing of non core services .. 418.70 must be provided directly by hospice employees or under ar- rangements made by the hospice as specified in 418.56. Physical therapy, occupational therapy and speech language pa- 418.92(a) 418.70, 418.72 thology. (a) Physical therapy, occupational therapy, and speech-lan- ...... Physical therapy, occupational 418.70, 418.72 guage pathology services must be available and provided therapy and speech language under acceptable standards of practice. pathology and dietary coun- seling, Non-core services. (b)(1) Laboratory testing services must be in compliance with ...... Compliance with Federal, State & 418.116(c)(1) all applicable requirements of part 493 of this chapter. local laws & regulations related to the health & safety of pa- tients. (2) All referral laboratories must be certified in the appropriate ...... Compliance with Federal, State & 418.116(c)(2) specialties and subspecialties of services. See part 493 of local laws & regulations & re- this chapter. lated to the health & safety of patients. Home health aide and homemaker service: Home health aide and 418.94 Home Health Aide and home- 418.76 homemaker must be services available and adequate in fre- maker services. quency to meet the needs of the patients. A home health aide is a person who meets the training, attitude and skill requirements specified in 484.36 of this chapter. (a) Standard: A registered nurse visits the home site at least ...... Home health aide and home- 418.76(h)(1) every two weeks when aide services arebeing provided, maker services (revised). and conducts an assessment of the aide services. (b) Standard: A registered nurse prepares written instructions ...... Home health aide and home- 418.76(g)(1) for patient care. Duties include, but may not be limited to, maker services. the duties specified in 484.36(c) of this chapter. Medical supplies: Medical supplies, appliances, drugs and 418.96 Drugs, controlled drugs, and 418.106 biologicals must be provided for the palliation and management biologicals, medical supplies of the terminal illness and related conditions. and durable medical equip- ment. (a) All drugs and biologicals must be administered in accord- ...... Drugs, controlled drugs, and 418.106(a) ance with accepted standards of practice. biologicals, medical supplies and durable medical equip- ment. (b) The hospice must have a policy for the disposal of extra- ...... Drugs, controlled drugs, and 418.106(b) neous controlled drugs maintained in the patient’s home. biologicals, medical supplies and durable medical equip- ment. (c) Only certain individuals may administer drugs and ...... Deleted. biologicals. Short term inpatient care: Inpatient care must be available for pain ...... Short term inpatient care ...... 418.108 control, symptom management and respite purposes, and must be provided in a participating Medicare or Medicaid facility. (a) Inpatient care for pain control and symptom management ...... Short term inpatient care ...... 418.108(a) must be provided in one of the following:

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DERIVATION TABLE—Continued

Citation Current conditions existing Proposed condition Citation (Part 418, subpart C, D, E) section

(1) A hospice that meets the standards for providing inpa- ...... Short term inpatient care ...... 418.108(a)(1) tient care directly specified in 418.100. (2) A hospice or skilled nursing facility that also meets the ...... Short term inpatient care ...... 418.108(a)(2) standards of 418.100(a) and (e). (b) Inpatient care for respite purposes must be provided by: ...... Short term inpatient care ...... 418.108(b) (1) A provider specified in paragraph (a) of this section ...... Short term inpatient care ...... 418.108(b)(1) (2) An intermediate care facility (ICF) meeting the stand- ...... Short term inpatient care (delete 418.108(b)(2) ards in 418.100 (a) and (e). ICF and replace with nursing facility (NF)). (c) Inpatient care for Medicare beneficiaries may not exceed ...... Short term inpatient care ...... 418.108(d) 20 percent of the total number of days for this beneficiary group. (d) Exemption from limitation in paragraph (c) ...... Short term inpatient care ...... 418.108(e) Hospices that provide inpatient care directly: A hospice that pro- 418.100 Hospices that provide inpatient 418.110 vides inpatient care directly must comply with all of the following care directly. standards. (a) Twenty-four hour nursing services: (1) The facility provides 24-hour nursing services in ac- ...... Hospices that provide inpatient 418.110(b) cordance with patient plan of care sufficient to meet care directly. total nursing needs. (2) Each shift includes a direct care registered nurse ...... Deleted. (b) The hospice has an acceptable written plan, periodically ...... Hospices that provide inpatient 418.110(c)(1)(iii) rehearsed with staff, with internal and external disaster pro- care directly. cedures. (c) The hospice must meet all Federal, State and local laws, ...... Compliance with Federal, State & 418.116 regulations, and codes pertaining to health and safety. local laws and regulations re- lated to health and safety of patients. (d) Fire protection ...... Hospices that provide inpatient 418.110(d)(1) care directly. (1) Hospices must comply with the 1985 edition of the Life Safety Code of the NFPA. See exceptions in (d)(2) and (3). (2) Waiver for specific provisions of Life Safety Code. (3) 1981 edition compliance by May 9, 1988 will be con- sidered as meeting this standard. (4) Restrictions on facilities of two or more stories not of fire resistive construction. (e) Patient areas...... Hospices that provide inpatient 418.110(e) care directly. (1) Design and equipment of patient/family areas. (2) Specifications for patient/family accommodations (3) Visitor specifications. (f) Patient rooms and toilet facilities...... Hospices that provide inpatient 418.110(f) care directly. (1) Specifications for equipment, size, and location of pa- tient rooms and toilet. (2) Waiver of space and occupancy requirements for un- reasonable hardships. (g) Requirements for bathroom facilities ...... Hospices that provide inpatient 418.110(g), care directly. 418.110(h) (h) Requirements for linens ...... Hospices that provide inpatient 418.110(k) care directly. (i) Isolating areas for patients with infectious diseases ...... Hospices that provide inpatient 418.110(j), care directly. 418.110(i) (j) Meal service and menu planning ...... Hospices that provide inpatient 418.110(l) care directly. (1) Three meals a day served at regular times; no more 418.100 Deleted. than 14 hours between substantial evening meal and breakfast. (2) Procure, store, prepare, distribute, and serve all food ...... Deleted. under sanitary conditions. (3) Have a staff member trained or experienced in food management or nutrition. (4) A professionally qualified dietitian must plan and su- pervise a menu for patients requiring special diets. (k) Pharmaceutical services. The hospice provides appropriate ...... Hospices that provide inpatient 418.110(m) methods and procedures for the dispensing and admin- care directly. istering of drugs and biologicals.

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DERIVATION TABLE—Continued

Citation Current conditions existing Proposed condition Citation (Part 418, subpart C, D, E) section

(1) Licensed pharmacist The hospice must— ...... Hospices that provide inpatient 418.110(n) care. (i) employ a licensed pharmacist; or (ii) have a formal agreement with a licensed phar- macist to advise the hospice on ordering, storage, administration, disposal and record keeping of drugs and biologicals. (2) Orders for medications...... Hospices that provide inpatient 418.110(n) care directly. (i) Physician orders all patient medications. (ii) Verbal medication order: (A) Only given to a registered nurse, pharmacist, or physician. (B) the individual receiving the order must record and sign it immediately and have the pre- scribing physician sign it in a manner con- sistent with good medical practice. (3) Medications are administered only by one of the indi- viduals specified. (4) The pharmaceutical service has procedures for control and accountability of all drugs and biological throughout the facility, including record keeping and reconciliation procedures. (5) The labeling of drugs and biologicals is based on cur- rently accepted professional principles, and includes the appropriate accessory and cautionary instructions, as well as the expiration date when applicable. (6) All drugs and biologicals are stored and locked in compartments under proper temperature controls and only authorized personnel have access to the keys. Separately locked compartments are provided for schedule II and other drugs subject to abuse, except under single unit package drug distribution systems. An emergency medication kit is kept readily available. (7) Extraneous controlled drugs are disposed of in compli- ance with State requirements. When none apply, the pharmacist and a registered nurse must dispose of the drugs and prepare a record of the disposal. NEW Hospices that provide inpatient 418.110(o) care directly: Seclusion and Restraint. NEW Waiver of Physical therapy, occu- 418.74 pational therapy and speech language pathology and die- tary counseling. NEW Hospices that provide hospices 418.112 care to residents of a SNF/NF, ICF/MR or other facility In ad- dition to meeting the conditions of participation at 418.10 through 418.116, a hospice that provides hospice care to residents of a SNF/NF, ICF/ MR, or other residential facility abide by the following addi- tional standards. (a) Standard: Resident eligibility, 418.112(a) election, and duration of bene- fits. (b) Standard: Professional man- 418.112(b) agement. (c) Standard: Core services ...... 418.112(c) (d) Standard: Medical director ..... 418.112(d) (e) Standard: Written agreement 418.112(e) (f) Standard: Hospice plan of 418.112(f) care. (g) Standard: Coordination of 418.112(g) services. (h) Standard: Transfer, revoca- 418.112(h) tion, or discharge from hospice.

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DERIVATION TABLE—Continued

Citation Current conditions existing Proposed condition Citation (Part 418, subpart C, D, E) section

(i) Standard: Orientation and 418.112(i) training of staff. NEW Personnel qualifications ...... 418.114 (a) General qualification require- 418.114(a) ments. (b) Federally defined qualifica- 418.114(b) tions. (c) Personnel qualifications when 418.114(c) no States licensing laws, cer- tification or registration require- ments exist. Criminal background checks ...... 418.114(d) NEW Compliance with Federal, State, 418.116 & local laws and regulations related to health and safety of patients The hospice and its staff must operate and furnish services in compliance with all applicable Federal, State, & local laws & regulations related to the health & safety of pa- tients. If State and local law provides for licensing of hos- pices, the hospice must be li- censed. (a) Standard: Licensure of staff .. 418.116(a) (b) Standard: Multiple locations .. 418.116(b) (c) Standard: Laboratory services 418.116(c)

V. Collection of Information Section 418.52 Condition of The burden associated with this Requirements Participation: Patient’s Rights requirement would be the time it took to document the necessary aspects of Under the Paperwork Reduction Act Paragraph (a) of this section would require that the hospice provide each the issues. We anticipate 15 complaints (PRA) of 1995, we are required to per year per hospice and 15 minutes to provide 60-day notice in the Federal patient with: a verbal and written notice of the patient’s rights and document the complaint and resolution Register and solicit public comment activities, for a total of 9,045 hours before a collection of information is responsibilities during the initial evaluation visit, in advance of annually. submitted to the Office of Management Paragraph (e) of this section would and Budget (OMB) for review and furnishing care; written information concerning its policies on advance require the patient to be informed of the approval. In order to fairly evaluate extent to which payment may be whether an information collection directives, including a description of applicable State law; and written or expected from the patient, Medicare or should be approved by OMB, section Medicaid, third-party payers, or other 3506(c)(2)(A) of the PRA requires that verbal information regarding the hospice’s drug policies and procedures, resources of funding known to the we solicit comment on the following hospice, verbally and in writing, and in issues: including the tracking and disposing of controlled substances. The hospice a language that he or she can • The need for the information would also be required to maintain understand, before care is initiated. The collection and its usefulness in carrying documentation showing that it burden associated with this requirement out the proper functions of our agency. complied with the requirements of this would be the time it would take to • The accuracy of our estimate of the section and that the patient or notify patients. We estimate that it information collection burden. representative demonstrated an would take no more than 5 minutes per patient, for a total of 24.58 hours per • The quality, utility, and clarity of understanding of these rights. hospice and 59,417 hours nationally. the information to be collected. The burden associated with these • requirements would be the time Section 418.54 Condition of Recommendations to minimize the associated with disclosing the information collection burden on the Participation: Comprehensive information and documenting that the Assessment of the Patient affected public, including automated hospice did disclose the information. collection techniques. We estimate that this would take This section would require each We are soliciting public comment on approximately 5 minutes per patient or hospice to conduct and document in each of these issues for the information 24.58 hours per hospice, for an annual writing a comprehensive patient- collection requirements discussed total of 59,417 hours. specific assessment, and maintain below. The following information Paragraph (b) of this section would documentation of the assessment and collection requirements in this proposed require a hospice to document a patient/ any updates. rule and the associated burdens are representative complaint, and the steps The burden associated with this subject to PRA. taken by the hospice to resolve it. requirement would be the time it would

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take to record the assessment and any services furnished under contract or enter into a written agreement for the changes/updates to it. We believe that arrangement; focused on indicators provision of certain nursing services by documenting a patient assessment is a related to improved palliative outcomes an outside body. The burden associated usual and customary business practice and end-of-life support services with this requirement would be the time and as such the burden is not subject to provided; and took actions to required to negotiate, draft and sign an the PRA. demonstrate improvement in hospice agreement. We believe that this requirement is a customary and usual Section 418.56 Condition of performance. The hospice would be business practice. Thus, the burden Participation: Interdisciplinary Group required to maintain and demonstrate evidence of its quality assessment and would not be subject to the PRA. Care Planning and Coordination of Under the counseling standard for Services performance improvement program and be able to demonstrate its operation to this condition, the hospice would be This section would require all hospice the CMS. required to advise the patient/family care and services furnished to patients The hospice would be required to take that the hospice would facilitate visits and their families to follow a written actions aimed at performance by local clergy, pastoral counselor, or plan of care established by the hospice improvement and, after implementing other individuals who could support the interdisciplinary group in collaboration those actions, the hospice must measure patient’s spiritual needs. We believe with the attending physician. The its success and track its performance to that this requirement is a customary and hospice would be required to ensure ensure that improvements were usual hospice practice, and is therefore that each patient/family and primary sustained. not subject to the PRA. caregiver(s) receive education and The hospice would be required to Section 418.66 Condition of training provided by the hospice as document what quality improvement appropriate to the care and services Participation: Nursing Services Waiver projects were being conducted, the of Requirement That Substantially all identified in the plan of care. The reasons for conducting these projects, section would specify the minimum Nursing Services Be Routinely Provided and the measurable progress achieved Directly by a Hospice elements the plan of care must include. on these projects. In addition, the medical director or The burden associated with this Under this section, if a hospice physician designee and the hospice requirement would be the time it would wanted a waiver from the requirement interdisciplinary team, in collaboration take to document the development of that substantially all nursing services be with the individual’s attending the quality assessment and performance routinely provided by the hospice, it physician, would be required to review, improvement and associated activities. would be required to provide evidence revise and document the plan as We estimate that it would take each that it made a good faith effort to hire necessary at intervals specified in the hospice an average of 24 hours per year a sufficient number of nurses to provide plan, but no less than every 14 calendar to comply with these requirements for a services. To extend the waiver, the days. A revised plan of care would have total of 57,888 hours annually. hospice would be required to submit a to include information from the request to CMS attesting that the patient’s updated comprehensive Section 418.60 Condition of conditions under which it originally assessment, and would have to Participation: Infection Control requested the initial waiver had not document the patient’s progress toward The hospice would be required to changed since the initial waiver was the outcomes specified in the plan of maintain and document a coordinated granted. care. infection control program that protected The burden associated with this These requirements are subject to the patients, families and hospice personnel requirement would be the time it would PRA; however, they are currently by preventing and controlling infections take to provide the necessary approved under OMB control number and communicable diseases. documentation, and the time it would 0938–0302 with a current expiration The burden associated with this take to request an extension. We date of September 30, 2006. requirement would be the time it would estimate that there will be no more than The burden associated with these take to document the program. We 5 hospices providing the information requirements would be the time it believe that this proposed requirement and requesting extensions. Under would take to document the plan of care reflects usual and customary medical section 1320.3, this requirement would (10 minutes) and any revisions to it (15 and business practice; thus the burden not be subject to the PRA as it would minutes) in the clinical record. We is not subject to the PRA. affect fewer than 10 entities. estimate that it would take 25 minutes Section 418.74 Condition of to comply with these requirements per Section 418.64 Condition of Participation: Waiver of Requirement- patient, for a total of 123 hours on Participation: Core Services Physical Therapy, Occupational average per hospice, and 297,083 hours We are proposing that a hospice could Therapy, Speech-Language Pathology, nationally. choose to enter into an arrangement with another hospice to obtain and Dietary Counseling Section 418.58 Condition of personnel to furnish core hospice A hospice located in a non-urbanized Participation: Quality Assessment and services under certain circumstances. area would be able to submit a written Performance Improvement Such an arrangement would have to be request for a waiver of the requirement This section would require a hospice supported by a legally binding written that the hospice directly provide to develop, implement, and maintain an agreement. The burden associated with physical therapy, occupational therapy, effective ongoing hospice-wide data- this requirement would be the time speech-language pathology, and dietary driven quality assessment and required to negotiate, draft and sign an counseling services. The hospice would performance improvement (QAPI) agreement. We believe that this be able to seek a waiver of the program. The hospice’s governing body requirement is a customary and usual requirement that it make physical would have to ensure that the program business practice. Thus, the burden therapy, occupational therapy, speech- reflected the complexity of its would not be subject to the PRA. language pathology, and dietary organization and services; involved all Under the nursing services standard counseling services (as needed) hospice services, including those for this condition, the hospice could available on a 24-hour basis. The

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hospice would also be able to seek a interdisciplinary group who was to review the clinical information for waiver of the requirement that it coordinating homemaker services. each hospice patient and provide provide dietary counseling directly. The We believe that reporting and written certification that it was hospice would have to provide evidence documenting this is a usual and anticipated that the patient’s life that it had made a good faith effort to customary business practice and, as expectancy was 6 months or less if the meet the requirements for these services such, the burden would not be subject illness were to run its normal course. before it sought such a waiver. To to the PRA. The burden associated with this extend the waiver, the hospice would be would be the review time and the Section 418.78 Conditions of required to submit a request to CMS written certification. We estimate that it Participation—Volunteers recertifying that the conditions under would take approximately 10 minutes which it originally requested the initial Under this section, the hospice would per patient, for a total of 49 hours per waiver had not changed since the initial be required to maintain, document and hospice annually and 118,833 waiver was granted. provide volunteer orientation and nationally. The burden associated with this training that was consistent with requirement would be the time it would hospice industry standards. Section 418.104 Condition of take to provide the necessary We estimate that on average a hospice Participation: Clinical Records documentation and the time it would would provide orientation and training Under this section the hospice would take to request an extension. We 6 times per year and that it would take be required to maintain on each patient estimate that there would be no more no more than five minutes to document a clinical record that contained accurate than 5 hospices providing the each orientation session, for a total of 30 clinical information and was available information and requesting extensions. minutes per year, and a national total of to the patient’s attending physician and Under section 1320.3, this requirement 1,206 hours. hospice staff. would not be subject to the PRA, since Under this section, the hospice would The burden associated with this it would affect fewer than 10 entities. be required to document savings requirement would be the time it would achieved through the use of volunteers. take to maintain a record on each Section 418.76 Condition of We estimate that this activity would patient. We believe that the requirement Participation: Home Health Aide and take approximately 3 hours per hospice reflects usual and customary medical Homemaker Services per year, or 7,236 hours nationally. practices and, as such, the burden Under this section, the hospice would The hospice would also be required to would not be subject to the PRA. be required to maintain documentation record examples of patient care tasks Paragraph (e) of this section would that it met the requirements of the and administrative services performed require that, if the care of a patient were standard concerning the content and by volunteers, including the type of transferred to another Medicare/ duration of home health aide classroom services and time worked. Medicaid-approved facility, the hospice and supervised practical training, We estimate that recording these would be required to forward a copy of competency evaluation, and in-service examples would take approximately 600 the patient’s clinical record and the training. hours per year per hospice, or 1,447,200 hospice discharge summary to that We estimate that it would take hours nationally. facility. If a patient revoked the election approximately 5 minutes per home of hospice care, or was discharged from Section 418.100 Condition of health aide to document meeting this hospice because eligibility criteria were Participation: Organization and standard and that 2,412 home health no longer met, the hospice would have Administration of Services aides would be trained each year to provide a copy of the clinical record nationally, for a total of 201 hours Under paragraph (e) of this section, and the hospice discharge summary of annually. arranged services would be required to this section to the patient’s attending Under this section, written patient be supported by written agreements that physician. care instructions would have to be would have to require specified The burden associated with this prepared by a registered nurse or other activities. requirement would be the time it took licensed professional. Written agreements are a necessary to forward the clinical record and We believe that this requirement part of usual and customary business discharge summary. This is a usual and reflects a usual and customary business practice; thus, the burden would be customary business practice, and as practice and the burden would not be exempt from the PRA under section such the burden would not be subject to subject to the PRA. 1320.3(b)(2). the PRA. Home health aides would be required Under paragraph (g), the hospice to report changes in the patient’s would be required to have written Section 418.106 Condition of medical, nursing, rehabilitative, and policies and procedures describing its Participation: Drugs, Controlled Drugs social needs to a registered nurse or method(s) of assessing competency and and Biologicals, Medical Supplies, and other appropriate licensed professional, would be required to maintain a written Durable Medical Equipment and complete appropriate records in description of the in-service training Under paragraph (b), the hospice compliance with the hospice’s policies provided during the previous 12 would be required to have a written and procedures. In addition, as months. policy for tracking, collecting, and members of the interdisciplinary team, Written policies and procedures are a disposing of controlled drugs home health aides would be required to necessary part of usual and customary maintained in the patient’s home. report any change in a patient’s business practice; thus, we believe that The burden associated with this condition as the change related to the the burden would be exempt from the requirement would be the time it would plan of care and quality assessment and PRA under section 1320.3(b)(2). require to put the policy in writing. performance improvement activities. Written policies are a necessary part of Under this section as well, Section 418.102 Condition of usual and customary business practice; homemakers would be required to Participation: Medical Director thus, we believe that the burden would report all concerns about the patient or This section would require the be exempt from the PRA under section family to the member of the medical director or physician designee 1320.3(b)(2).

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Under paragraph (b) of this section, 30 minutes per event for a total of 55 would require one hour of labor to meet during the initial hospice assessment, hours annually nationwide. the proposed requirements for a total of the use and disposal of controlled Under paragraph (c)(1)(iii) of this 55 hours nationally annually. substances would be required to be section, the hospice would be required Paragraph (o) of this section would discussed with the patient and family to to have a written disaster preparedness require orders for a physical restraint or ensure the patient and family were plan in effect for managing the seclusion to be written, and that educated regarding the use and consequences of power failures, natural physical restraint or seclusion be potential danger of controlled disasters, and other emergencies that supported by a documented order and substances. The hospice nurse would be might affect the hospice’s ability to the patient’s response or outcome and required to document that the policy provide care. documented in the patient’s clinical was discussed with the patient and The burden associated with this record. In addition, the hospice must family. requirement would be the time it took report any death that occurs while the We anticipate that the discussion and to write the disaster preparedness plan. patient is restrained or in seclusion. documentation of the discussion would We believe that hospices will each We estimate that there would be take approximately 5 minutes per spend 1 hour developing a disaster plan approximately 7,130 incidents of patient, and 24.58 hours per hospice, for for a total of 2,412 hours on a one time physical restraint or seclusion and that a total of 59,417 hours annually for all basis. it would take approximately 4 minutes patients. Under paragraph (m) of this section, to write the orders and to document the under the direction of a qualified Under paragraph (c) of this section, if, incident, for an annual national total of pharmacist, the hospice would be 475 hours. Additionally, it would take for a piece of equipment, there were no required to provide pharmaceutical six hours for a hospice to develop a manufacturer recommendations for services such as drugs and biologicals customized pre-printed seclusion and repair and routine maintenance, the and have a written protocol in place that restraint order, totaling 14,472 hours hospice would be required to develop in would ensure dispensing accuracy. nationwide on a one-time basis. writing its own repair and routine The burden associated with this We have no concrete estimate of the maintenance policy. requirement would be the time it took number of deaths that would occur per The burden associated with this to devise and write down the protocol. year that occurred while the patient was requirement would be the time required We believe that having such a protocol restrained or secluded. We believe that to put the policy in writing. Written in writing is a usual and customary the number of deaths is less than 10 per policies are a necessary part of usual business practice, and, as such, we year, and we would expect that number and customary business practice; thus, believe that the burden would be to decrease as hospices implement the we believe that the burden would be exempt from the PRA. proposed new seclusion and restraint exempt from the PRA under section Paragraph (n) of this section would requirements. Therefore, under section 1320.3(b)(2). require a physician to order all 1320.3, this requirement is not subject Section 418.108 Condition of medications for a patient; all drugs and to the PRA, as it would affect fewer than Participation—Short-Term Inpatient biologicals to be labeled in accordance 10 entities. Care with accepted professional practice, containing specified information; and Section 418.112 Condition of If the hospice had an arrangement would require the hospice to keep Participation: Hospices That Provide with a facility to provide for short-term current and accurate records of the Hospice Care to Residents of a SNF/NF, inpatient care, the arrangement would receipt and disposition of all controlled ICF/MR, or Other Facility have to be described in a legally binding drugs. Any discrepancies in the Paragraph (e) of this section would written agreement that at a minimum acquisition, storage, use, disposal, or require the hospice and the other contained specified elements. return of controlled drugs would have to facility to have a written agreement that The burden associated with this be investigated immediately by the would specify the terms under which requirement would be the time it took pharmacist and hospice administrator the hospice would provide hospice to negotiate, draft, and sign the and, where required, reported to the services in the facility, and would agreement. Having written agreements is appropriate State agency; a written require the agreement to be signed by a usual and customary business practice account of the investigation would be authorized representatives of the and, as such, we believe that the burden required to be made available to State hospice and the facility, before the would not be subject to the PRA. and Federal officials. hospice could provide such hospice The burden associated with these Section 418.110 Condition of services. The written agreement would requirements would be the time Participation: Hospices That Provide have to include specified information required to (1) document orders, label Inpatient Care Directly and documents. drugs, and maintain current and The burden associated with this Under paragraph (c)(1)(i) of this accurate records of the receipt and requirement would be the time required section, we would require a hospice to disposition of all controlled drugs; and to draft and sign an agreement and to report breaches of safety and equipment (2) document, investigate, and report gather the information to be sent on failures to the appropriate State and drug discrepancies. We believe that the each patient. Both of these requirements local bodies having regulatory first requirement, concerning ongoing can be considered customary and usual jurisdiction. documentation, reflects customary and medical and business practices. Thus, The reporting burden associated with usual medical and business practices the burden would not be subject to the this requirement would be the time and the burden would therefore be PRA. required to report such safety and exempt under the PRA. For the Paragraph (f) of this section would equipment breaches. We estimate that documentation, investigation and require a written plan of care to be there would be approximately 110 reporting of drug discrepancies, we established and maintained for each safety and equipment breaches annually estimate that there are 55 events facility patient, developed by and nationwide. Filing a report regarding annually that would require such coordinated with the hospice these events would take approximately documentation, and that each event interdisciplinary group in consultation

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with facility representatives, and in Issuances Group, Attn: William Palliative Care Organization estimates collaboration with the individual’s Parham, Room C5–14–03, 7500 that 79 percent of hospice patients are attending physician. The plan of care Security Boulevard, Baltimore, MD Medicare beneficiaries, thus we have would be required to include specified 21244–1850. not considered other sources of revenue information. Office of Information and Regulatory in this analysis. This proposed burden is included Affairs, Office of Management and We certify that this rule would not with the burden discussed under Budget, Room 10235, New Executive have a significant impact on a section 418.56. Office Building, Washington, DC substantial number of small entities Under paragraph (g) of this section we 20503, Attn: Christopher Martin, CMS because the cost of this rule is less than would require a hospice to provide the Desk Officer, (CMS–3844–P), 1 percent of total hospice Medicare facility with the following information [email protected]. revenue. According to the CMS 2003 specified in this paragraph. Fax: (202) 395–6974. national expenditure data, Medicare The burden associated with this paid $5.7 billion to providers for requirement would be the time required VI. Impact Analysis hospice care in 2003. We estimate this by staff to compile the information. A. Overall Impact rule will cost hospices approximately However, we believe that such $16.9 million or approximately $7,389 We have examined the impacts of this information compilation is a usual and per statistically average hospice rule as required by Executive Order customary medical and business annually. practice. Thus, the burden would not be 12866 (September 1993, Regulatory We understand that there are different subject to the PRA. Planning and Review), the Regulatory sizes of hospices and that the burden for Flexibility Act (RFA) (September 16, Section 418.114 Condition of hospices of different sizes will vary. 1980, Pub. L. 96–354), section 1102(b) of Therefore, we have assessed the burden Participation: Personnel Qualifications the Social Security Act, the Unfunded for Skilled Professionals for hospices that are smaller than the Mandates Reform Act of 1995 (Pub. L. statistically average hospice used for Paragraph (d) of this section would 104–4), and Executive Order 13132. calculations in part B of this section, require each hospice to obtain a Executive Order 12866 (as amended Anticipated effects on hospices. The criminal background check on each by Executive Order 13258, which smaller hospices have been broken up employee, including but not limited to merely reassigns responsibility of into three categories based on the those employees who have hands-on duties) directs agencies to assess all number of routine home care days, the patient contact, those who are employed costs and benefits of available regulatory most common level of hospice care in an administrative or maintenance alternatives and, if regulation is provided. The categories are: group 1 capacity, those who are volunteers, and necessary, to select regulatory hospices providing 0 to 1,754 routine those who provide services under approaches that maximize net benefits home care days; group 2 hospices contract. The background check would (including potential economic, providing 1,755 to 4,373 routine home be required to be obtained before the environmental, public health and safety care days; and group 3 hospices hospice would employ that person. effects, distributive impacts, and providing 4,374 to 9,681 routine home In 2002, 39 states required criminal equity). A regulatory impact analysis care days. Group 1 hospices, averaging background checks for hospice (RIA) must be prepared for major rules 23 patients per year, would spend employees. In these states with economically significant effects approximately $1,845 to comply with approximately 70,395 hospice ($110 million or more in any 1 year). the proposed regulations. The average employees have already received a This is not a major rule, since the hospice in this group received $101,181 criminal background check, thus greatly overall economic impact for all from Medicare for routine home care reducing the overall burden. We proposed new Conditions of days under the 2002 hospice payment estimate that hospices that have not Participation is estimated to be $13.7 rates. Group 2 hospices, averaging 77 previously performed background million annually. patients per year would spend checks, accounting for 19,876 hospice The RFA requires agencies to analyze approximately $2,936 to comply with employees, would each obtain 39 options for regulatory relief of small the proposed regulations. The average criminal background checks initially. entities. For purposes of the RFA, small hospice in this group received $325,533 Each background check request form entities include small businesses, from Medicare for routine home care would take 6 minutes to prepare and nonprofit organizations, and days under the 2002 rates. Group 3 send, for a total of 4 hours per hospice government agencies. Individuals and hospices, averaging 173 patients per the first year. For each year thereafter all States are not included in the definition year, will spend approximately $4,889 hospices would complete background of a small entity. For purposes of the to comply with the proposed checks on approximately 8 new RFA, most hospices (approximately regulations. The average hospice in this employees per year for a total of 48 73% of Medicare certified facilities) are group received $767,550 from Medicare minutes per hospice per year and 1,852 considered to be small entities, either by for routine home care days under the hours nationally per year. virtue of their nonprofit or government 2002 rates. The total burden of these status or by having revenues of $6 The time and cost burden for these requirements would be 2,117,529 hours million to $29 million in any one year providers is significantly less than that annually and 16,888 hours on a one- (for details, see the Small Business of the statistically average hospice used time basis. Administration’s regulation that sets in part B of this section because the To comment on these information forth size standards for health care majority of the burden imposed by the collection and record keeping industries at 65 FR 69432). We estimate proposed regulations is directly tied to requirements, please mail copies there are approximately 2,412 hospices patient care and the staff necessary to directly to the following: with average admissions of provide care. Therefore, a reduced Centers for Medicare & Medicaid approximately 295 patients per hospice patient census leads to reduced burden. Services, Office of Strategic (based on the number of patients in These figures do not, however, adjust Operations and Regulatory Affairs, 2003 divided by the number of hospices the estimated quality assessment and Regulations Development and in 2003). The National Hospice and performance improvement burden

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described in part B of this section. We provisions and the associated costs of • $27 hour/60 minutes = $0.45 estimate that the financial burden for compliance. We have detailed these minute × 5 minutes = $2.25 group 1 hospices would be 1.75 percent assumptions and estimates in the table (b) Standard: Exercise of rights and of the payment received for routine below. We have also detailed many, but respect for property and person. A home care days. For group 2 hospices not all, of the standards within each hospice would be required to investigate the financial burden would be less than CoP, and have noted whether or not and document all allegations, 1 percent, and for group 3 hospices the there is an impact for each. However, unexplained injuries, and financial burden would be less than the requirements contained in many misappropriations. It would be required 0.75 percent of Medicare payments for provisions are already standard medical to report such incidents to the hospice routine home care days. These or business practices. These administrator and appropriate State and percentages do not include amounts requirements would, therefore, not local bodies having jurisdiction, and paid by Medicare for continuous home provide additional burden to hospice take action to correct problems once care days, respite care days, and regular providers. they were identified. inpatient care days. The percentages We expect that a hospice also do not include amounts paid by TABLE 1.—ASSUMPTIONS AND ESTI- administrator would handle the Medicaid, private insurers, and MATES USED THROUGHOUT THE IM- investigations. We estimate that as many individual patients, which account for PACT ANALYSIS SECTION as 5% (15) of an average hospice’s approximately 21 percent of hospice patients would require a one hour-long revenue. Number of Medicare hospices na- investigational session, for a total of 15 In addition, section 1102 (b) of the tionwide ...... 2,412 hours per hospice. We estimate that Act requires us to prepare a regulatory Number of hospice patients na- hospices will spend, on average, three impact analysis if a rule may have a tionwide ...... 713,000 minutes per patient, at a cost of $2.10 significant impact on the operations of Number of patients per average per patient per year to comply with this a substantial number of small rural hospice ...... 295 provision. The cost for the entire hospitals. We believe that this rule Hourly rate of registered nurse .... $27 Hourly rate of office employee ..... $19 hospice industry would be $1,497,300 a would not have a significant impact on year, while the cost for an average the operations of a substantial number Hourly rate of administrator ...... $42 Hourly rate of home health aide ... $14 hospice would be $619.50 a year. of small rural hospitals, since there are Hourly rate of pharmacist ...... $45 • 15 hours × 60 minutes = 900 few hospice programs in those facilities. Hourly rate of medical director ..... $84 minutes, 900 minutes/295 patients = 3 Section 202 of the Unfunded minutes per patient Mandates Reform Act of 1995 also Patient Rights (§ 418.52) • $42 hour/60 minutes = $0.70 per requires that agencies assess anticipated The proposed rule would expand on minute x 3 minutes per patient = $2.10 costs and benefits before issuing any per patient proposed rule that may result in an the informed consent section (§ 418.62) • $2.10 per patient × 713,000 patients expenditure of $110 million or more in of the current rule, recognizing that = 1,497,300, any one year by a State, local, or tribal hospice patients are entitled to certain • $2.10 per patient × 295 patients = government, in the aggregate, or by the rights that must be protected and $619.50 private sector. This rule has no impact preserved, and that all patients must be (c) Standard: Pain management and on the expenditures of State, local, or able to freely exercise those rights. symptom control. There is no burden tribal governments, and the impact on (a) Standard: Notice of Rights. A associated with this standard. the private sector is estimated to be far hospice would be required to provide (d) Standard: Confidentiality of less than $110 million. patients or their representatives with Executive Order 13132 establishes written and verbal notice of the patient’s clinical records. There is no burden certain requirements that an agency rights and responsibilities during the associated with this standard. must meet when it promulgates a initial evaluation and would have to (e) Standard: Patient liability. A proposed rule (and subsequent final document this notification as well as hospice would be required to inform a rule) that imposes substantial direct document that the patient/ patient verbally and in writing about his compliance costs on State or local representative understands their rights. or her payment liability. Developing a governments, preempts State law, or A hospice would also be required to form to notify patients is not a burden otherwise has Federalism implications. inform and distribute written because CMS has already developed this This rule has no Federalism information regarding its policies on form, CMS–R131, Advanced Beneficiary implications. advance directives, and it would have to Notice (ABN). Informing the patient inform the patient, representative, and verbally and in writing would take five B. Anticipated Effects on Hospices family of its drug policies and minutes per patient to fulfill, or 24.58 As described in the preamble, this procedures. We estimate that it would hours per average hospice and 59,417 proposed regulation contains both new take eight hours on a one-time basis for hours nationwide. The estimated cost provisions and provisions that are a hospice to develop a patient rights would be $2.25 per patient, $663.75 per carried over from the existing hospice form, at a cost of $336, based on the hospice, and $1,604,250 nationwide. regulations. For purposes of this section, assumption that an administrator will • 5 minutes per patient × 295 patients we have assessed the impact of the new develop the form. We estimate that it = 24.58 hours provisions. The provisions contained in would take approximately five minutes • 5 minutes per patient × 713,000 the existing regulations are simply being per patient to incorporate this patients = 59,417 hours re-codified and therefore do not present information into the existing informed • $27 hour/60 minutes = $0.45 a new burden to hospices. consent process. At the average hourly minute × 5 minutes = $2.25 Within this section, we have made rate for a registered nurse, it would cost • $2.25 per patient × 295 patients = several assumptions and estimates in $2.25 per patient to fulfill the $663.75 order to assess the time that it would requirement. • $2.25 per patient × 713,000 patients take for a hospice to comply with the • 8 hours × $42 an hour = $336 = $1,604,250

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TABLE 2.—PATIENT RIGHTS BURDEN ASSESSMENT

Time per Time per Cost per Standard patient hospice Total time Cost per average Total cost (minutes) (hours) (hours) patient hospice

Notice of rights ...... 5 24.58 59,417 $2.25 $663.75 $1,604,250 Exercise of rights ...... 3 15 34,740 2.10 630 1,408,325 Notice of liability ...... 5 24.58 59,417 2.25 663.75 1,604,250

Totals ...... 13 64.16 153,574 6.60 1,947 4,705,800

Comprehensive Patient Assessment the rapidly changing status of hospice lessening the burden on hospices and (§ 418.54) patients it is standard practice for the demand on registered nurses. The existing rule (§ 418.58(c)) requires hospices to update patient assessments (c) Standard: Content of the plan of the hospice to assess the patient’s needs at least every 14 days, and often more care. This section goes into further and to state in detail the scope and frequently; therefore, this proposed new detail about the content of each patient’s frequency of services needed. The standard is simply codifying current plan of care than the existing regulation proposed rule would go beyond this by industry practice and should not does. The burden of including these specifying the time for completing the present a burden. items is accounted for in the assessment, the factors to be included in Standard: Patient outcome measures. development of the plan of care, as the assessment, and the time for The comprehensive assessment would described in part 2 of this section. The updating the assessment. However, we have to include consistent pre- items that would be required under the do not believe this will add any determined data elements that allowed proposed rule are already included in additional burden, since this section of for the measurement of outcomes. (Note: the standard industry patient plan of the proposed rule reflects the There is no data reporting element.) care. (d) Standard: Review of the plan of contemporary standard practice of We believe this standard would pose hospice programs. care. The existing rule states that a a burden on the hospice provider. patient’s plan of care should be Standard: Content of the However, the burden of collecting comprehensive assessment. The reviewed at intervals specified in the information related to these outcome initial plan of care. The proposed rule assessment would be required to measures is calculated as part of a identify the physical, psychosocial, would require that it be reviewed at hospice’s quality assessment and least every two weeks. We estimate that emotional, and spiritual needs related to performance improvement program. If a the terminal illness. Every assessment documenting the update of a patient’s hospice currently collects data and plan of care would take five minutes per would likely include factors such as the calculates values for measures that are patient’s physical and nutritional needs, patient and that each patient’s plan of reported to the NHPCO, it will meet the care would be updated 3 times, based pain status, and psychological state. requirement in the proposed rule. This differs from the current rule in that on a an average 51 day length of stay it describes what would be included in Interdisciplinary Group, Care Planning (2002 nov., Medicare National Summary the plan of care. The factors that are and Coordination of Services (§ 418.56) for HHA, Hospice, SNF, and outpatient described were identified by the CY 1999–2001). This amounts to 15 industry and reflect standard industry The proposed rule makes several minutes per patient, or 73.75 hours per practice. changes to the existing rule to improve hospice, at a cost of $6.75 per patient for Standard: Update of the patient care and lessen burden. a registered nurse to complete the comprehensive assessment. Updates of (a) Standard: Approach to service and updates. the patient’s comprehensive assessment delivery. Unlike the existing • $27 hour/60 minutes = $0.45 would have to be conducted at least requirement that a registered nurse must minute × 15 minutes = $6.75 every 14 days and at the time of each implement a patient’s plan of care, this • $6.75 per patient × 295 patients = recertification. The current regulation new rule would allow any qualified $1,991.25 allows the plan of care to determine the member of the interdisciplinary group • $6.75 per patient × 713,000 patients frequency of updates. However, due to to implement a patient’s plan of care, = $4,812,750

TABLE 3.—INTERDISCIPLINARY GROUP, CARE, PLANNING, AND COORDINATION OF SERVICES BURDEN ASSESSMENT

Time per Time per Cost per Standard patient hospice Total time Cost per average Total cost (minutes) (hours) (hours) patient hospice

Update plan of care ...... 15 73.75 178,250 $6.75 $1,991.25 $4,812,750

Totals ...... 15 73.75 178,250 6.75 1,991.25 4,812,750

Quality Assessment and Performance comprehensive, integrated self- require approximately 24 hours a year to Improvement (§ 418.58) assessment by the hospice of the quality implement. Many providers are already and appropriateness of care (§ 418.66). using comprehensive quality assessment The current rule requires a hospice to The proposed rule would provide more and performance improvement maintain a quality assurance program guidance to providers and would programs for accreditation or that involves an ongoing,

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independent improvement purposes, 3435 (January 24, 2003). CMS estimated assess the quality and appropriateness including one designed by the NHPCO. that a hospital would spend 80 hours of the care they provide. This new For those providers who choose to collecting and analyzing data on 12 standard would expand on the rule by develop their own quality assessment identified measures. According to 2002 requiring that the existing assessment and performance improvement program, CMS statistics, in 2000, 5,985 hospitals become a formal quality assessment and we estimate that it would take 12 hours discharged 11.8 million patients. This performance improvement program that to create a program. We also estimate means that the statistically average is capable of showing measurable that hospices would spend 4 hours a hospital discharged approximately improvement through the use of quality year collecting and analyzing data. In 2,000 patients that year. Therefore, indicator data. addition, we estimate that hospices collecting and analyzing data for 2,000 (b) Standard: Program data. The would spend 3 hours a year training patients would take 80 hours, for a ratio proposed rule would require the use of their staff and 5 hours a year of 80 hours/2,000 patients (or 4 hours/ implementing performance 100 patients). Based on this estimate, for quality indicator data in a quality improvement activities. Both the the average 295 patient hospice, we assessment and performance program development and believe that this ratio would be 12 improvement program, but would not implementation would most likely be hours/295 patients. However, we do not require any specific data collection or managed by that hospice’s expect hospices to collect information utilization, nor would it require administration. Based on an on 12 measures, as hospitals are hospices to report the collected data. administrator’s hourly rate, the total required to do. Hospices that collect This would give hospices flexibility and cost of the quality assessment and information in the four suggested areas minimize burden. performance improvement condition of (self-determination, comfort, safety, and (c) Standard: Program activities. This participation would be $1,008 per effective grieving) would have one third hospice. new standard would identify certain the burden required to collect the 12 • $42 per hour × 24 hours = $1,008 areas that would be required to be Our hourly burden estimates are hospital measures, or 4 hours. This ratio covered in a hospice’s customized based on the proportion of patients to methodology is also used to assess the quality assessment and performance hours that is found in the CMS final burden in all other quality assessment improvement program. The categories rule, Hospital Conditions of and performance improvement areas. would be sufficiently broad to allow for Participation: Quality Assessment and (a) Standard: Program scope. Under a vast range of acceptable compliance Performance Improvement at 68 FR the existing regulation, hospices must methods. This would minimize burden.

TABLE 4.—QUALITY ASSESSMENT AND PERFORMANCE IMPROVEMENT BURDEN ASSESSMENT

Time per Standard hospice Total time Cost per Total cost (hours) (hours) hospice

QAPI development ...... 12 28,944 $504 $1,215,648 QAPI implementation ...... 12 28,944 504 1,215,648

Total annually ...... 24 57,888 1,008 2,431,296

Infection Control (§ 418.60) to address the prevention and control of services. We are proposing that hospices infections, and to educate the patients, that choose to contract for core services There is no specific existing staff and caregivers on the hazards, or highly specialized nursing services requirement for infection control other prevention and control of infections. We must have a contract with the entity than what is briefly mentioned in the acknowledge that this is a new focus; providing the contracted services. existing § 418.100(i), Standard: Isolation however, we do not believe this would Negotiating, documenting and signing a areas. However, we believe that hospice add any regulatory burden, since this business contract is a standard business clinicians such as nurses, physicians, section of the proposed rule reflects practice and does not impose a burden. and therapists are already using contemporary standard practice in The proposed rule also would require infection control practice as part of the hospice programs. that a psychosocial assessment of the current requirement that hospice patient be undertaken by the social clinicians provide services to patients in Core Services (§ 418.64) worker providing medical social accordance with accepted standards of The proposed rule would allow core services. There is no substantive change practice. It is an accepted standard of services to be provided under contract to this regulatory burden. practice to use infection control with another Medicare certified hospice methods when caring for patients. This in certain extraordinary or other non- Waiver of Requirement—Physical proposed regulation would reinforce routine circumstances as described, Therapy, Occupational Therapy, those positive infection control allowing hospices more flexibility. In Speech-Language Pathology, and practices and would address the serious addition, it would allow hospices to Dietary Counseling (§ 418.74) nature and potential hazards of contract for highly specialized nursing This proposed waiver, currently infectious and communicable diseases. services, allowing for even more implemented through a memorandum Infection control and standard flexibility. The option to contract out for from CMS’s Center for Medicaid and precautions are long-standing clinical highly specialized nursing services State Operations, would reduce the practices that are standard throughout would allow hospices to provide such compliance burden on hospices located the medical industry. This proposed highly specialized services at a lower in non-urbanized areas. If the hospice CoP would require hospices to continue cost than if the hospice directly program could demonstrate that to take specific and appropriate actions employed individuals to perform such recruitment efforts were unsuccessful, it

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could request certain waivers with that it would take five minutes to (h) Standard: Supervision of home respect to PT, OT, speech-language document the information and that an health aides. This standard would retain pathology, and dietary counseling. Thus office employee would complete this the current rule’s requirement that a far there have been less than five task. In addition, we have calculated the registered nurse or qualified therapist applications for this waiver in the last burden based on an assumed employee visit the patient’s home to assess home four years; therefore we believe that the turnover rate of 20%, meaning that we health aide services every 14 days. It burden is negligible. expect that the average hospice would also would add a requirement that a replace 20% of its home health aides in Home Health Aide and Homemaker registered nurse or qualified therapist a given year, or roughly one home Services (§ 418.76) visit the patient’s home every 28 days health aide a year based on the when the aide is providing services in Home health aide and homemaker employment of 5 home health aides. We services are an integral part of hospice the home. We believe that thoroughly believe that this is a reasonable supervising employees is standard care, yet they receive little attention in assumption. Based on the above- practice and does not increase burden. the current regulation. These services mentioned estimates and assumptions, are briefly addressed in § 418.94 with a we estimate that will cost an average (j) Standard: Homemaker standard regarding the supervision of hospice $1.60 to document that its home qualifications. The proposed regulation home health aide services and a health aides meet the proposed would require homemakers to complete standard regarding written patient care qualification requirements, for a total a hospice orientation program instructions. These two standards cost of $3,859.20 nationwide. addressing the needs and concerns of appear in the proposed regulation, with • 19 an hour/60 minutes = $0.32 patients and families coping with a some minor alterations. The proposed minute × 5 minutes to document that terminal illness. We believe that this regulation also would add several new requirements are met per home health standard would not impose any requirements. aide = $1.60 × 1 document per year = additional regulatory burden because (b) Standard: Content and duration of $1.60 per hospice hospices train all their employees, • × home health aide classroom and $1.60 per hospice 2,412 hospices including homemakers, to deal with the supervised practical training; (c) = $3,859.20 realities of hospice care; this is already Standard: Competency evaluation; (d) (g) Standard: Home health aide accepted standard practice in the Standard: In-service training. These assignments and duties. The home industry. three standards would describe the health aide would be required to report ways in which a home health aide could changes in the patient’s needs to a (k) Standard: Homemaker supervision meet the proposed qualification registered nurse, and complete and duties. The interdisciplinary group requirements. All of these standards appropriate records in compliance with would be required to develop written would require the hospice to maintain the hospice’s policies and procedures. instructions for the homemaker. We documentation that each home health This new requirement reflects the believe that providing patient care aide met these qualifications. The standard industry practice of instructions is a usual and customary burden associated with these standards maintaining communication between all medical practice; therefore, this is the time it would take to complete the healthcare providers and maintaining a requirement would not impose any required documentation. We estimate complete patient record. additional regulatory burden.

TABLE 5.—HOME HEALTH AIDE AND HOMEMAKER SERVICES BURDEN ASSESSMENT

Time per Time per Cost per Standard aid hospice Total time Cost per aid average Total cost (minutes) (minutes) (hours) hospice

Documentation (based on 1 new HHA per year) * ...... 5 5 201 $1.60 $1.60 $3,859.20

Totals ...... 5 5 201 1.60 1.60 3,859.20

Organization and Administration of in the industry and present no appropriate, and reviewing relevant Services (§ 418.100) additional burden. information prior to the date that re- Medical Director (§ 418.102) certification is necessary are all The proposed requirement is standard procedures. essentially the same as the current The existing rule requires that the regarding the organization and medical director be an employee of the Clinical Records (§ 418.104) administration of services. However, the hospice. The proposed rule would proposed rule would add a specification permit the medical director to work The proposed rule would permit that a hospice’s satellite locations be under a contractual arrangement; this hospices to maintain records approved by CMS, a practice that is would reduce the program and hiring electronically. This would provide currently mandated through a June 1997 burden on the hospice, particularly if flexibility and reduce burden. While the memorandum from CMS’ Center for the hospice is in a rural area. proposed rule also would add Medicaid and State Operations. A We believe that the proposed rule specificity in regard to content, specification for the maintenance of in- would merely codify the current authentication, retrievability, retention, service training records and a standards of practice to which medical and transfer of records, we believe that requirement that education/training be directors adhere. For example, these additions reflect standard industry given to the patient, family and primary coordinating with other physicians and practice and would therefore add no caregiver would also be new health care professionals, considering burden. regulations. However, we believe all of broad criteria when making the these additions reflect standard practice determination that hospice care is

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Drugs, Medical Supplies and Durable maintained in the patient’s home. The • $2.25 per patient × 713,000 patients Medical Equipment (§ 418.106) proposed rule would add to the existing = $1,604,250 (a) Standard: Administration of drugs rule a requirement that the hospice have (c) Standard: Use and maintenance of and biologicals. The proposed rule a policy for tracking and collecting these equipment and supplies. The existing would require the interdisciplinary drugs. The proposed rule would require rule does not address the use of durable group to periodically review the plan of the use and disposal of controlled medical equipment, but the proposed care to determine whether the patient substances to be discussed with the regulation would do so. The proposed and/or family continued to have the family, and would require the hospice rule would add a requirement that the ability to safely administer drugs and nurse to document this discussion. hospice ensure that there is a process for biologicals. This review, however, Developing written policies is part of routine and preventive maintenance of would not burden hospices because it usual and customary medical and equipment, that the family receives would be part of the standard 14 day business practices. Thus, this standard instruction in regard to the use of review of the patient’s plan of care that would create no additional burden. equipment and supplies, and that the already would be performed by the The second requirement, a safe use of equipment and supplies be interdisciplinary group. The current documented education session demonstrated and monitored. This rule details persons permitted to regarding hospice drug policies would requirement would be fulfilled by the administer drugs. The proposed rule require approximately five minutes individual most frequently at the home, would eliminate this level of specificity, during the initial evaluation conducted usually a home health aide. Performing thus giving the hospice greater by a registered nurse. Fulfilling the these duties would take approximately flexibility. The proposed rule would requirement would cost $2.25 per 15 minutes per patient. require only that drugs be administered • $14 hour/60 minutes = $0.23 patient based upon the average hourly × in accordance with standards of practice rate for a registered nurse. minute 15 minutes per patient= $3.45 per patient and the patient’s plan of care. • (b) Standard: Controlled drugs in the $27 hour/60 minutes = $0.45 • $3.45 per patient × 295 patients = × patient’s home. The current rule minute 5 minutes = $2.25 $1,017.75 requires that the hospice have a policy • $2.25 per patient × 295 patients = • $3.45 per patient × 713,000 patients for the disposal of controlled drugs $663.75 = $2,459,850

TABLE 6.—DRUGS, MEDICAL SUPPLIES AND DURABLE MEDICAL EQUIPMENT BURDEN ASSESSMENT

Time per Time per average Total indus- Cost per Cost per Total indus- Standard patient hospice try time patient average try cost (minutes) (minutes) (hours) hospice

Drug Education ...... 5 24.58 59,417 $2.25 $663.75 $1,604,250 Equipment ...... 15 73.75 178,250 3.45 1,017.75 2,459,850

Totals ...... 20 98.33 237,667 5.70 1,681.50 4,064,100≤

Short Term Inpatient Care (§ 418.108) therefore reduce the hospice’s equipment failures would need to be regulatory burden. reported annually by the hospice The proposed rule would be more (c) Standard: Physical Environment. industry. specific than the current rule with In addition to the existing requirement We estimate that reporting safety respect to the substance of the written of having and practicing a disaster plan, breaches and equipment failures would agreement, which we believe is a usual under the proposed regulations a take 30 minutes per episode to and customary business practice. This hospice would be required to report complete. This task would be completed provision therefore would not increase safety breaches and equipment failures by a hospice administrator. Each report, regulatory burden. to the appropriate State and local bodies therefore, would cost $21, for an having jurisdiction. The entities to industry total of $2,310 annually. Hospices That Provide Inpatient Care • 110 reports × 30 minutes per report which a hospice would report a breach Directly (§ 418.110) = 55 hours nationwide or failure would depend on the nature • $42 hour/60 minutes = $0.70 (a) Standard: Staffing. The existing of the breach or failure. Additional minute × 30 minutes = $21 per report rule is highly prescriptive in requiring guidance on this standard would be • $21 per report × 110 reports = a registered nurse to provide direct included in another CMS document, $2,310 patient care on each shift. We would such as the State Operations Manual. (i) Standard: Infection Control, eliminate this requirement, to reflect the Complying with this standard would contains a cross-reference to standards proposed regulation’s focus on expected require additional staff time. In 2001, contained in § 418.60. A discussion of outcomes of care. We believe that the 1,375 deficiencies were issued by State the burden of those requirements is patient plan of care drives the amount surveyors for violations of the Medicare discussed in that section. and skill level of the nursing care that hospice Conditions of Participation. At (l) Standard: Meal service and menu would be required and therefore would least some of these deficiencies were planning. The existing rule is highly help the hospice determine staffing related to the physical environment of prescriptive in terms of specifying the levels that would reflect the volume of inpatient hospices. We estimate that 110 number of meals, meal spacing, meal patients, patient acuity, and the level of of those deficiencies were related to the planning, and menu planning. The intensity of the nursing care required. safety of the physical environment and proposed rule would give these This approach would give the hospice equipment. Therefore, we believe that hospices far greater flexibility by greater flexibility in staffing and approximately 110 safety breaches and requiring only that the food be sanitary,

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nutritious (including therapeutic diets • $42 hour + $45 hour = $87 hour × patients per hospice requiring seclusion that are in the plan of care), fulfilling, 1 hour investigation = $87 per or restraint palatable and attractive. We believe that investigation • $84 hour/60 minutes = $1.40 this would reduce the hospice’s burden. • $87 per investigation × 55 minute × 4 minutes per patient to (n) Standard: Pharmacist. The investigations = $4,785 complete form = $5.60 per patient to proposed rule would provide greater (o) Standard: Seclusion and restraint. complete form The proposed rule would add • $5.60 per patient × 3 patients per flexibility in regard to administering considerable detail in regard to hospice requiring seclusion or restraint medication by permitting any health seclusion and restraint. This section = $16.80 per hospice care professional to carry out this would be adapted from the language of • $5.60 per patient × 7,130 patients = function, if it were in accordance with the Patient’s Rights Condition of $39,928 his/her scope of practice. We believe Participation for hospitals published as There would also be costs associated that this would reduce the hospice’s an Interim Final Rule in the Federal with developing training programs for regulatory burden. Register in July 1999, currently codified staff regarding restraint and seclusion The proposed rule also would require at 42 CFR 482.13. The burden associated use and alternative interventions; hospices to investigate discrepancies with this standard would be the time it however, we are not dictating how a involving controlled drugs and to would take to document the need for hospice meets this requirement. document an account of the seclusion and/or restraint, and the time Therefore, hospices would have the investigation. Of the 1,375 deficiencies to write the order. We estimate that a flexibility to decide how to meet this issued by State surveyors in 2001, we hospice would spend 6 hours to develop requirement. We believe that the estimate that 55 were related to this form, for a nationwide total of benefits associated with training staff controlled drug violations. We do not 14,472 hours. After this one-time would far outweigh the costs involved, expect a significant increase in expenditure, it would take four minutes since proper training would protect the violations, and estimate that 55 per patient to meet this documentation hospice from situations of inappropriate investigations would be conducted and requirement for a total of 475 hours restraint and seclusion use and documented throughout the hospice nationwide, based on an estimate of the situations that could lead to patient industry. use of seclusion and/or restraint on 1% injuries and/or deaths. of the entire patient population. The Finally, hospices would have to The proposed rule would require the annual cost of this standard would report to CMS, through the appropriate hospice’s pharmacist and administrator therefore be $39,928 nationwide. CMS regional office, all deaths that to conduct controlled drug • 6 hours per hospice × 2,412 occur while a patient is restrained or in investigations. We estimate that a hospices = 14,472 hours to develop form seclusion. We have no concrete estimate thorough investigation, including an • 6 hours per hospice × $42 hour = of the number of deaths that occur per examination of the records of incoming $252 to develop form year. There could be a nominal cost and outgoing drugs and biologicals, and • $252 to develop form × 2,412 involved in making a telephone call to report would require one additional hospices = $607,824 the appropriate CMS regional office; hour per incident. The entire industry • 713,000 patients × 0.01 percent = however, because we expect that this would thus spend 55 hours annually at 7,130 patients nationwide requiring regulation would reduce the number of a cost of $4,785 to fulfill this seclusion or restraint × 4 minutes per deaths from restraint and seclusion use, requirement. Maintaining inventory patient to complete form = 475 hours we estimate that the number of reports records incoming and outgoing drugs nationwide to complete form would average less than one call per and biologicals is a usual and customary • 7,130 patients nationwide requiring hospice per year. Therefore, we think business practice and is not a burden. seclusion or restraint/2,412 hospices = 3 the cost will be negligible.

TABLE 7.—HOSPICES THAT PROVIDE INPATIENT CARE DIRECTLY BURDEN ASSESSMENT

Time per Time per Total time Cost per Cost per aver- Standard patient hospice (hours) patient age hospice Total cost

Physical environment ...... 1 second ..... 5 minutes .... 55 $0.01 $1.00 $2,310 Pharmacist ...... 1 second ..... 5 minutes .... 55 0.01 2.06 4,785 Seclusion form development ...... 1 minute ...... 6 hours ...... 14,472 0.84 252 607,824 Seclusion form completion ...... 4 minutes .... 12 minutes .. 475 5.60 16.80 39,928

Totals ...... 5 minutes .... 6.25 hours ... 15,057 6.46 271.86 $654,847

Hospices That Provide Hospice Care to and would not increase a hospice’s for each employee involved in direct Residents of a SNF/NF, ICF/MR or regulatory burden. patient care. In 2002, 39 states required criminal background checks for hospice Other Facility (§ 418.112) Personnel Qualifications (§ 418.114) employees. In these states, The proposed rule would specify the The proposed rule’s personnel approximately 70,411 hospice minimum content of the written qualification section would specify that employees already received a criminal agreement hospice providers and the current qualifications would apply background check, thus greatly reducing facilities would be required to have and only where there were no State the overall potential burden. We would recodify existing regulations licensing laws, or State certification or estimate that hospices that have not concerning information sharing registration requirements for the previously performed background practices. These requirements reflect profession. Additionally, the proposed checks, accounting for approximately usual and customary business practices rule would require a background check 19,876 hospice employees, would each

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obtain 39 criminal background checks 70,395 already required to have conduct a background check. In initially. Each background check request background checks addition, some hospices may choose to form would take 6 minutes to prepare • 90,271 total employees × 70,395 conduct more extensive background and send, for a total of 4 hours per already required to have background checks that may cost more. We are not hospice the first year. For each year checks = 19,876 employees not already proposing to require that hospices thereafter, we estimate that all hospices required to have background checks conduct a specific type of background would complete background checks on • 90,271 employees/2,316 hospices in check or obtain such a check from a approximately 8 new employees per 2001 = 39 employees per average specific source. The flexibility of the year for a total of 48 minutes per hospice proposed requirement would allow • × hospice per year and 408 hours 39 employees 6 minutes per check hospices to identify the most cost nationally per year. = 4 hours per hospice efficient method of meeting the • • × 90,271 employees in 2001 19,876 employees 6 minutes per requirement. according to National Association for check = 1,988 hours nationwide • × Home Care 2002 Hospice Industry We estimate that the average cost for $12.50 per check 39 employees Report/50 states = 1,805 average number an individual background check is requiring checks = $487.50 of employees per state × 39 states $12.50. We understand that some states • $12.50 per check × 19,876 already requiring background checks = may charge more or less that this fee to employees requiring checks = $248,250

TABLE 8.—PERSONNEL QUALIFICATIONS BURDEN ASSESSMENT

Time per check Time per average hospice Total industry time Cost per Total cost per average hos- Total industry cost (minutes) (minutes) (hours) check pice

6 ...... 1st year—4 hours annu- 1st year—1,988 hours an- $12.50 1st year—$487.50 annu- 1st year—$248,250 annu- ally—48. nually—408. ally—$100. ally—51,000.

TABLE 9.—TOTAL BURDEN ASSESSMENT PROPOSED REQUIREMENTS [Total time and cost for all altered or new CoPs:]

Total time per pa- Total time per hospice Total industry time tient (min- (hours) (hours) Total cost per patient Total cost per hospice Total industry cost utes)

53 ...... 275 644,625 $25.51 $7,389 $16,920,902

2. Effects on other providers: Patient’s Rights (§ 418.52) Interdisciplinary Group Care Planning Effects on other providers: We do not and Coordination of Services (§ 418.56) expect this regulation to affect any other We considered including more prescriptive rights regarding privacy of We considered leaving the current provider. CoPs as written. However, it was logical 3. Effects on the Medicare and a hospice patient’s medical information. However, the privacy rule published in to have the coordination of services, the Medicaid programs: interdisciplinary group requirements, the Federal Register on December 28, The costs to the Medicare and and the care planning requirements in 2000 (65 FR 82461) as amended on Medicaid programs resulting from this one CoP. Since the interdisciplinary August 14, 2002 (67 FR 53182) and rule will be negligible. approach to the delivery of hospice contained in 45 CFR parts 160 and 164, C. Alternatives Considered services reflects actual practice for protects patient privacy adequately. hospices, we believe that this new One alternative was to keep the Comprehensive Assessment of the proposed regulation would support existing CoPs. We concluded this was Patient (§ 418.54) current industry practice. not a reasonable option because our Quality Assessment and Performance existing CoPs are problem-focused. As We considered not proposing the Improvement § 418.58 discussed in the preamble, the problem- Comprehensive Assessment CoP. focused approach has inherent limits. However, because the third most cited We discussed eliminating any Trying to ensure quality through the deficiency noted during hospice surveys reference to the use of quality indicator enforcement of prescriptive health and is the absence of the assessment of data, including patient care data, for safety standards, rather than trying to needs, we believe it is essential to regulatory purposes. But, in light of the improve quality of care for all patients, address this area. We also heard from existing hospital and home health would not contribute to hospice hospice industry representatives, who quality assessment and performance improvement or stimulate broad-based recommended that we include a improvement activities requirements, quality of care initiatives. provision dealing with comprehensive we believe hospices must begin to build Revising the existing CoPs would take assessment. Our decision to propose a a foundation where quality indicators advantage of continuing advances in the can be used to gather patient-related general assessment requirement is based health care delivery field. We believe it information. The use of quality on the knowledge that individual is necessary to keep pace with growing indicator data would help in creating an demands for services. hospices understand patient effective quality assessment and In addition, listed below are other assessments and why an assessment is performance improvement program. As alternatives. important to overall quality of care. a result, the hospices would be able to

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better identify activities that lead to family to share in the accountability of this preamble, and, if we proceed with poor patient outcomes, and would be controlled substances in the home. a subsequent document, we will able to take corrective action to improve respond to the comments in the Inpatient Care (Short-Term, Long-Term, performance. preamble to that document. and ICFs/MR) (§ 418.108, § 418.112) Infection Control (§ 418.60) Consideration was given to List of Subjects in 42 CFR Part 418 We considered leaving the existing maintaining this CoP and revising the Health facilities, Hospice care, CoP, which has very little reference to Long Term Care CoPs. However, we Medicare, Reporting and recordkeeping infection control. We also considered decided against relying on a future requirements. making infection control a standard change in the Long Term Care CoPs and For the reasons set forth in the under proposed § 418.58, Quality revised the hospice CoPs to the extent preamble, the Centers for Medicare & assessment and performance possible, to clarify the roles of SNF/NFs Medicaid Services proposes to amend improvement. However, we believe that and hospices. 42 CFR part 418 as follows: the serious nature and potential hazards We also decided to separate out of infectious and communicable hospice care provided to hospice PART 418—HOSPICE CARE diseases warrants a separate and patients in SNF/NF, ICF/MR and other facilities. Thus, instead of a single CoP 1. The authority citation for part 418 identifiable CoP. This new condition continues to read as follows: would work in concert with the that addresses hospice care provided in hospice’s responsibility to carry out a all inpatient facilities, we created a CoP Authority: Secs. 1102 and 1871 of the quality assessment and performance entitled Short Term Inpatient Care and Social Security Act (42 U.S.C. 1302 and 1395hh). improvement program that is geared to then a second CoP entitled Hospices patient health and safety. that Provide Care to Residents in a SNF/ 2. Section 418.2 is revised to read as NF, ICF/MR or Non certified facility. We follows: Licensed Professionals (§ 418.62) chose this alternative because the § 418.2 Scope of the part. We considered rewriting each existing concerns were related to coordination of This part establishes requirements CoP instead of combining all of them care issues expressed by hospice and and the conditions of participation that into the proposed CoP, § 418.62. inpatient facility providers. hospices must meet, and be in However, we decided that the current Personnel Qualifications (§ 418.114) compliance with, in order to participate CoPs were outdated and too More prescriptive requirements in the Medicare program. Subpart A of prescriptive, and that a new condition addressing personnel qualifications this part sets forth the statutory basis would offer hospices more flexibility. were considered. As an example, we and scope and defines terms used in Medical Director (§ 418.102) considered utilizing only Federal this part. Subpart B of this part specifies definitions for personnel qualifications the eligibility requirements and the We changed part of this CoP because instead of deferring to State law. benefit periods. Subpart C of this part section 4445 of the Balanced Budget Act However, we decided to defer to State specifies the conditions of participation of 1997 mandated that CMS give law for two reasons. First, we wanted to that hospice providers must meet hospices the option to utilize be consistent with other health care regarding patient and family care. contractual relationships between providers, and second, we believe a Subpart D of this part specifies the hospices and physicians. Previously, State can best determine what organizational environment that hospice physicians could only furnish services qualifications are needed to fit its providers must meet as conditions of as direct hospice employees. population’s needs. Each hospice has participation. Subpart E is reserved for Clinical Records (§ 418.104) the option to require more stringent future use. Subpart F specifies qualifications of its practitioners. coinsurance amounts applicable to We considered keeping the current D. Conclusion hospice care. CoP as written, but opted to clarify some 3. Section 418.3 is revised to read as of its standards to reflect current We are not preparing analyses for follows: hospice practice. For example, we either the RFA or section 1102(b) of the included the provision that hospices Act because we have determined, and § 418.3 Definitions may use electronic records. we certify, that this proposed rule For the purposes of this part— Drugs, Controlled Drugs, Biologicals, would not have a significant economic Attending physician means a— Medical Supplies, and Durable Medical impact on a substantial number of small (1)(i) Doctor of medicine or Equipment (§ 418.106) entities or a significant impact on the osteopathy legally authorized to practice operations of a substantial number of medicine and surgery by the State in We considered a wide range of small rural hospitals. which he or she performs that function changes for this CoP. We enhanced the In accordance with the provisions of or action; or requirement for controlled substances in Executive Order 12866, this regulation (ii) Nurse practitioner who meets the the home. We considered requiring the was reviewed by the Office of training, education and experience hospice, patient, and family to account Management and Budget. requirements as the Secretary may for the controlled substance including prescribe; and disposal of the substance. We also VII. Response to Comments (2) Is identified by the individual, at considered requiring a pharmacist to Because of the large number of items the time he or she elects to receive conduct drug reviews on each patient of correspondence we normally receive hospice care, as having the most record. However, we decided to discard on Federal Register documents significant role in the determination and these suggestions because they could published for comment, we are not able delivery of the individual’s medical place too much burden on hospices. We to acknowledge or respond to them care. believe that the current CoPs needed to individually. We will consider all Bereavement counseling means be strengthened and therefore, we opted comments we receive by the date and emotional, psychosocial, and spiritual to require the hospice, patient, and time specified in the DATES section of support and services provided after the

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death of the patient to assist with issues freedom of movement or normal access substantially all nursing services be related to grief, loss, and adjusting. to one’s body. routinely provided directly by a hospice. Cap period means the 12-month Progress note means a written Noncore Services period ending October 31 used in the notation, dated and signed by any 418.70 Condition of participation: application of the cap on overall person providing services, that Furnishing of noncore services. hospice reimbursement specified in summarizes facts about the care 418.72 Condition of participation: Physical § 418.309. furnished and the patient’s response therapy, occupational therapy, and Clinical note means a notation of a during a given period of time. speech-language pathology. contact with the patient that is written Representative means an individual 418.74 Waiver of requirement-Physical and dated by any person providing who has the authority under State law therapy, occupational therapy, speech- (whether by statute or pursuant to an language pathology and dietary services and that describes signs and counseling. symptoms, treatments and medications appointment by the courts of the State) 418.76 Condition of participation: Home administered, including the patient’s to authorize or terminate medical care health aide and homemaker services. reaction and/or response, and any or to elect or revoke the election of 418.78 Condition of participation: changes in physical or emotional hospice care on behalf of a terminally ill Volunteers. condition. patient who is mentally or physically Subpart D—Conditions of Participation: Drug restraint means a medication incapacitated. This may include a legal Organizational Environment used to control behavior or to restrict guardian. Restraint means either a physical 418.100 Condition of participation: the patient’s freedom of movement Organization and administration of which is not a standard treatment for a restraint or a drug used as a restraint. services. patient’s medical or psychiatric Satellite location means a Medicare- 418.102 Condition of participation: Medical condition. approved location from which the director. Employee means a person who works hospice provides hospice care and 418.104 Conditions of participation: services within a portion of the total Clinical records. for the hospice and for whom the 418.106 Condition of participation: Drugs, hospice is required to issue a W–2 form geographic area served by the hospice location issued the provider agreement controlled drugs and biologicals, medical on his or her behalf, or if the hospice is supplies, and durable medical a subdivision of an agency or number. The satellite location is part of equipment. organization, an employee of the agency the hospice and shares administration, 418.108 Condition of participation: Short- or organization who is appropriately supervision, and services in a manner term inpatient care. trained and assigned to the hospice or that renders it unnecessary for the 418.110 Condition of participation: is a volunteer under the jurisdiction of satellite location to independently meet Hospices that provide inpatient care the conditions of participation as a directly. the hospice. 418.112 Condition of participation: Hospice means a public agency or hospice. Seclusion means the confinement of a Hospices that provide hospice care to private organization or subdivision of residents of a SNF/NF, ICF/MR, or other person in a room or an area where a either of these that is primarily engaged facilities. in providing hospice care as defined in person is isolated and physically 418.114 Condition of participation: this section. prevented from leaving. Personnel qualifications for licensed Terminally ill means that the patient Hospice care means a comprehensive professionals. has a medical prognosis that his or her 418.116 Condition of participation: set of services described in 1861(dd)(1) life expectancy is 6 months or less if the Compliance with Federal, State, and of the Act, identified and coordinated illness runs its normal course. local laws and regulations related to by an interdisciplinary team to provide health and safety of patients. for the physical, psychosocial, spiritual, Subpart E—[Removed and Reserved] and emotional needs of a terminally ill Subpart C—Conditions of patient and/or family members, as 4. Subpart E is removed and reserved. Participation: Patient Care delineated in a specific patient plan of 5. Subparts C and D are revised to read as follows: § 418.52 Condition of participation: care. Patient’s rights. Licensed professional means a Subpart C—Conditions of Participation: The patient has the right to be licensed person sanctioned by the State Patient Care informed of his or her rights, and the in which services are delivered, Sec. hospice must protect and promote the furnishing services such as skilled 418.52 Condition of participation: Patient’s exercise of these rights. nursing care, physical therapy, speech- rights. (a) Standard: Notice of rights. (1) The language pathology, occupational 418.54 Condition of participation: hospice must provide the patient or therapy, and medical social services. Comprehensive assessment of the representative with verbal and written patient. Palliative care means patient and notice of the patient’s rights and family-centered care that optimizes 418.56 Condition of participation: Interdisciplinary group care planning responsibilities in a language and quality of life by anticipating, and coordination of services. manner that the patient understands preventing, and treating suffering. 418.58 Condition of participation: Quality during the initial evaluation visit in Palliative care throughout the assessment and performance advance of furnishing care. continuum of illness involves improvement. (2) The hospice must comply with the addressing physical, intellectual, 418.60 Condition of participation: Infection requirements of subpart I of part 489 of emotional, social, and spiritual needs control. this chapter regarding advance and to facilitate patient autonomy, 418.62 Condition of participation: Licensed directives. The hospice must inform and access to information, and choice. professional services. distribute written information to the Physical restraint means any manual Core Services patient concerning its policies on method or physical or mechanical 418.64 Condition of participation: Core advance directives, including a device, material, or equipment attached services. description of applicable State law. to the patient’s body that he or she 418.66 Condition of participation: Nursing (3) The hospice must inform the cannot easily remove that restricts services—waiver of requirement that patient and family of the hospice’s drug

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policies and procedures, including the patient’s property by anyone furnishing lack of objective data and subjective policies and procedures regarding the services on behalf of the hospice, and complaints); tracking and disposing of controlled document both the existence of the (2) Complications and risk factors that substances. complaint and the steps taken to resolve affect care planning; (4) The hospice must maintain the complaint. documentation showing that it has (c) Standard: Pain management and (3) Factors that must be considered in complied with the requirements of this symptom control. The patient has a right developing individualized care plan section and that the patient or to receive effective pain management interventions, including— representative has demonstrated an and symptom control from the hospice. (i) Bereavement. An initial understanding of these rights. (d) Standard: Confidentiality of bereavement assessment of the needs of (b) Standard: Exercise of rights and clinical records. The hospice must the patient’s family and other respect for property and person. (1) The maintain the confidentiality of clinical individuals focusing on the social, patient has the right— records. Access to or release of patient spiritual, and cultural factors that may (i) To exercise his or her rights as a information and clinical records is impact their ability to cope with the patient of the hospice; permitted in accordance with 45 CFR patient’s death. Information gathered (ii) To have his or her property and parts 160 and 164. from the initial bereavement assessment person treated with respect; and (e) Standard: Patient liability. Before must be incorporated into the (iii) To voice grievances regarding care is initiated, the patient must be bereavement plan of care. treatment or care that is (or fails to be) informed, verbally and in writing, and (ii) Drug therapy. A review of the furnished and the lack of respect for in a language that he or she can patient’s prescription and over-the- property by anyone who is furnishing understand, of the extent to which counter drug profile, including but not services on behalf of the hospice; and payment may be expected from the limited to identification of the (iv) To not be subjected to patient, Medicare or Medicaid, third- following— discrimination or reprisal for exercising party payers, or other resources of (A) Ineffective drug therapy; his or her rights. funding known to the hospice. (2) If a patient has been adjudged (B) Unwanted drug side and toxic incompetent under State law by a court § 418.54 Condition of participation: effects; and Comprehensive assessment of the patient. of proper jurisdiction, the rights of the (C) Drug interactions. The hospice must conduct and patient are exercised by the person (4) The need for referrals and further appointed pursuant to State law to act document in writing a patient-specific comprehensive assessment that evaluation by appropriate health on the patient’s behalf. professionals. (3) If a State court has not adjudged identifies the patient’s need for hospice a patient incompetent, any legal care and services, and the patient’s need (d) Standard: Update of the representative designated by the patient for medical, nursing, psychosocial, comprehensive assessment. The update in accordance with State law may emotional, and spiritual care. This care of the comprehensive assessment must exercise the patient’s rights to the extent includes, but is not limited to, the be accomplished by the hospice allowed by State law. palliation and management of the interdisciplinary group and must (4) The hospice must— terminal illness and related medical consider changes that have taken place (i) Ensure that all alleged violations conditions. since the initial assessment. It must involving mistreatment, neglect, or (a) Standard: Initial assessment. The include information on the patient’s verbal, mental, sexual, and physical hospice registered nurse must make an progress toward desired outcomes, as abuse, including injuries of unknown initial assessment visit within 24 hours well as a reassessment of the patient’s source, and misappropriation of patient after the hospice receives a physician’s response to care. The assessment update property are reported to State and local admission order for care (unless ordered must be accomplished— bodies having jurisdiction (including to otherwise by the physician), to (1) As frequently as the condition of the State survey and certification determine the patient’s immediate care the patient requires, but no less agency) within at least 5 working days and support needs. frequently than every 14 days; and of the incident, and immediately to the (b) Standard: Time frame for (2) At the time of each recertification. hospice administrator. Investigations completion of the comprehensive and/or documentation of all alleged assessment. The hospice (e) Standard: Patient outcome violations must be conducted in interdisciplinary group in consultation measures. (1) The comprehensive accordance with established with the individual’s attending assessment must include data elements procedures.; physician, must complete the that allow for measurement of (ii) Immediately investigate all alleged comprehensive assessment no later than outcomes. The hospice must measure violations and immediately take action 4 calendar days after the patient elects and document data in the same way for to prevent further potential abuse while the hospice benefit. all patients. The data elements must the alleged violation is being verified; (c) Standard: Content of the take into consideration aspects of care (iii) Take appropriate corrective comprehensive assessment. The related to hospice and palliation. action in accordance with State law if comprehensive assessment must (2) The data elements must be an the alleged violation is verified by the identify the physical, psychosocial, integral part of the comprehensive hospice administration or an outside emotional, and spiritual needs related to assessment and must be documented in body having jurisdiction, such as the the terminal illness that must be a systematic and retrievable way for State survey agency or local law addressed in order to promote the each patient. The data elements for each enforcement agency; and hospice patient’s well-being, comfort, patient must be used in individual (iv) Investigate complaints made by a and dignity throughout the dying patient care planning and in the patient or the patient’s family or process. The comprehensive assessment coordination of services, and must be representative regarding treatment or describes— used in the aggregate for the hospice’s care that is (or fails to be) furnished, (1) The nature and condition causing quality assessment and performance lack of respect for the patient or the admission (including the presence or improvement program.

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§ 418.56 Condition of participation: comprehensive and updated improvement program. The hospice’s Interdisciplinary group care planning and comprehensive assessments, and other governing body must ensure that the coordination of services. assessments. The plan of care must program: Reflects the complexity of its The hospice must designate an include but not be limited to— organization and services; involves all interdisciplinary group or groups as (1) Interventions to facilitate the hospice services (including those specified in paragraph (a) of this section management of pain and symptoms; services furnished under contract or which, in consultation with the (2) A detailed statement of the scope arrangement); focuses on indicators patient’s attending physician, must and frequency of services necessary to related to improved palliative outcomes; prepare a written plan of care for each meet the specific patient and family focuses on the end-of-life support patient. The plan of care must specify needs; services provided; and takes actions to the hospice care and services necessary (3) Measurable targeted outcomes demonstrate improvement in hospice to meet the patient and family-specific anticipated from implementing and performance. The hospice must needs identified in the comprehensive coordinating the plan of care; maintain documentary evidence of its assessment and as it relates to the (4) Drugs and treatment necessary to quality assessment and performance terminal illness and related conditions. meet the needs of the patient; improvement program and be able to (a) Standard: Approach to service (5) Medical supplies and appliances demonstrate its operation to CMS. delivery. (1) The hospice must designate necessary to meet the needs of the (a) Standard: Program scope. (1) The an interdisciplinary group or groups patient; and program must at least be capable of composed of individuals who work (6) The interdisciplinary group’s showing measurable improvement in together to meet the physical, medical, documentation of patient and family indicators for which there is evidence social, emotional, and spiritual needs of understanding, involvement, and that improvement in those indicators the hospice patients and families facing agreement with the plan of care, in will improve palliative outcomes and terminal illness and bereavement. accordance with the hospice’s own end-of-life support services. Interdisciplinary group members must policies, in the clinical record. (2) The hospice must measure, provide the care and services offered by (d) Standard: Review of the plan of analyze, and track quality indicators, the hospice, and the group in its entirety care. The medical director or physician including adverse patient events, and must supervise the care and services. designee, and the hospice other aspects of performance that enable The hospice must designate a qualified interdisciplinary team (in collaboration the hospice to assess processes of care, health care professional that is a with the individual’s attending hospice services, and operations. member of the interdisciplinary group physician to the extent possible) must (b) Standard: Program data. (1) The to provide coordination of care and to review, revise and document the plan as program must utilize quality indicator ensure continuous assessment of each necessary at intervals specified in the data, including patient care, and other patient’s and family’s needs and plan but no less than every 14 calendar relevant data, in the design of its implementation of the interdisciplinary days. A revised plan of care must program. plan of care. The interdisciplinary group include information from the patient’s (2) The hospice must use the data must include, but is not limited to, updated comprehensive assessment and collected to— individuals who are qualified and the patient’s progress toward outcomes (i) Monitor the effectiveness and competent to practice in the following specified in the plan of care. safety of services and quality of care; professional roles: (e) Standard: Coordination of services. and (i) A doctor of medicine or osteopathy The hospice must develop and maintain (ii) Identify opportunities for (who is not the patient’s attending a system of communication and improvement. physician). integration, in accordance with the (3) The frequency and detail of the (ii) A registered nurse. hospice’s own policies and procedures, data collection must be specified by the (iii) A social worker. to— hospice’s governing body. (iv) A pastoral, clergy, or other (1) Ensure the interdisciplinary group, (c) Standard: Program activities. (1) spiritual counselor. through its designated professionals, The hospice’s performance (2) If the hospice has more than one maintains responsibility for directing, improvement activities must— interdisciplinary group, it must coordinating, and supervising the care (i) Focus on high risk, high volume, designate in advance only one of those and services provided; or problem-prone areas; groups to establish policies governing (2) Ensure that care and services are (ii) Consider incidence, prevalence, the day-to-day provision of hospice care provided in accordance with the plan of and severity of problems in those areas; and services. care; and (b) Standard: Plan of care. All hospice (3) Ensure that the care and services (iii) Affect palliative outcomes, care and services furnished to patients provided are based on all assessments of patient safety, and quality of care. and their families must follow a written the patient and family needs; and (2) Performance improvement plan of care established by the hospice (4) Provide for and ensure the ongoing activities must track adverse patient interdisciplinary group in collaboration sharing of information between all events, analyze their causes, and with the attending physician. The disciplines providing care and services implement preventive actions and hospice must ensure that each patient in the home, in outpatient settings, and mechanisms that include feedback and and family and primary caregiver(s) in inpatient settings, irrespective learning throughout the hospice. receive education and training provided whether the care and services are (3) The hospice must take actions by the hospice as appropriate to the care provided directly or under arrangement. aimed at performance improvement and services identified in the plan of and, after implementing those actions, care. § 418.58 Condition of participation: Quality the hospice must measure its success (c) Standard: Content of the plan of assessment and performance improvement. and track performance to ensure that care. The hospice must develop a The hospice must develop, improvements are sustained. written plan of care for each patient that implement, and maintain an effective, (d) Standard: Performance reflects prescribed interventions based ongoing, hospice-wide data-driven improvement projects. (1) The number on the problems identified in the initial quality assessment and performance and scope of distinct improvement

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projects conducted annually must and who practice under the hospice’s (3) If the attending physician is reflect the scope, complexity, and past policies and procedures. unavailable, the medical director, performance of the hospice’s services (b) Licensed professionals must contracted physician, and/or hospice and operations. actively participate in the coordination physician employee is responsible for (2) The hospice must document what of all aspects of the patient’s care, in meeting the medical needs of the quality improvement projects are being accordance with current professional patient. conducted, the reasons for conducting standards and practice, including (b) Standard: Nursing services. (1) these projects, and the measurable participating in ongoing The hospice must provide nursing care progress achieved on these projects. interdisciplinary comprehensive and services by or under the supervision (e) Standard: Executive assessments, developing and evaluating of a registered nurse. Nursing services responsibilities. The hospice’s the plan of care, and contributing to must ensure that the nursing needs of governing body is responsible for patient and family counseling and the patient are met as identified in the ensuring the following: education; and patient’s initial comprehensive (1) That an ongoing program for (c) Licensed professionals must assessment and updated assessments. quality improvement and patient safety participate in the hospice’s quality (2) If State law permits nurse is defined, implemented and assessment and performance practitioners (NPs) to see, treat and maintained; improvement program and hospice write orders for patients, then NPs may (2) That the hospice-wide quality sponsored in-service training. provide services to beneficiaries assessment and performance receiving hospice care. The role and Core Services improvement efforts address priorities scope of the services provided by a NP for improved quality of care and patient § 418.64 Condition of participation: Core that is not the individual’s attending safety, and that all improvement actions services. physician must be specified in the are evaluated for effectiveness; and A hospice must routinely provide individual’s plan of care. (3) That clear expectations for patient substantially all core services directly (3) Highly specialized nursing safety are established. by hospice employees. These services services that are provided so § 418.60 Condition of participation: must be provided in a manner infrequently that the provision of such Infection control. consistent with acceptable standards of services by direct hospice employees would be impracticable and The hospice must maintain and practice. These services include nursing prohibitively expensive, may be document an effective infection control services, medical social services, and provided under contract. program that protects patients, families counseling. The hospice may contract (c) Standard: Medical social services. and hospice personnel by preventing for physician services as specified in Medical social services must be and controlling infections and § 418.64(a). A hospice may, under provided by a qualified social worker, communicable diseases. extraordinary or other non-routine under the direction of a physician. (a) Standard: Prevention. The hospice circumstances, enter into a written Social work services must be based on must follow accepted standards of arrangement with another Medicare the patient’s psychosocial assessment practice to prevent the transmission of certified hospice program for the and the patient’s and family’s needs and infections and communicable diseases, provision of core services to supplement acceptance of these services. including the use of standard hospice employee/staff to meet the (d) Standard: Counseling services. precautions. needs of patients. Circumstances under Counseling services for adjustment to (b) Standard: Control. The hospice which a hospice may enter into a death and dying must be available to must maintain a coordinated agency- written arrangement for the provision of both the patient and the family. wide program for the surveillance, core services include: Unanticipated Counseling services must include but identification, prevention, control, and periods of high patient loads, staffing are not limited to the following: investigation of infectious and shortages due to illness or other short- communicable diseases that— term temporary situations that interrupt (1) Bereavement counseling. The (1) Is an integral part of the hospice’s patient care; and temporary travel of a hospice must: quality assessment and performance patient outside of the hospice’s service (i) Have an organized program for the improvement program; and area. provision of bereavement services (2) Includes: (a) Standard: Physician services. The furnished under the supervision of a (i) A method of identifying infectious; hospice medical director, physician qualified professional with experience and communicable disease problems; employees, and contracted physician(s) in grief/loss counseling. and of the hospice, in conjunction with the (ii) Make bereavement services (ii) A plan for the appropriate actions patient’s attending physician, are available to the family and other that are expected to result in responsible for the palliation and individuals in the bereavement plan of improvement and disease prevention. management of the terminal illness, care up to one year following the death (c) Standard: Education. The hospice conditions related to the terminal of the patient. Bereavement counseling must provide infection control illness, and the general medical needs of also extends to residents and employees education to staff, patients, and family the patient. of a SNF/NF, ICF/MR, or other facility members or other caregivers. (1) All physician employees and those when appropriate and identified in the under contract, must function under the bereavement plan of care. § 418.62 Condition of participation: supervision of the hospice medical (iii) Ensure that bereavement services Licensed professional services. director. reflect the needs of the bereaved. (a) Licensed professional services (2) All physician employees and those (iv) Develop a bereavement plan of provided directly or under arrangement under contract shall meet this care that notes the kind of bereavement must be authorized, delivered, and requirement by either providing the services to be provided and the supervised only by health care services directly or through frequency of service delivery. A special professionals who meet the appropriate coordinating patient care with the coverage provision for bereavement qualifications specified under 418.114 attending physician. counseling is specified in § 418.204(c).

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(2) Nutritional counseling. Nutritional (iii) Evidence that salary and benefits (1) The hospice is located in a non- counseling, when identified in the plan are competitive for the area; and urbanized area as determined by the of care, must be performed by a (iv) Evidence of any other recruiting Bureau of the Census. qualified individual, which include activities (for example, recruiting efforts (2) The hospice provides evidence dietitians as well as nurses and other at health fairs and contacts with nurses that it had made a good faith effort to individuals who are able to address and at other providers in the area). make available physical therapy, assure that the dietary needs of the (b) Any waiver request is deemed to occupational therapy, speech-language patient are met. be granted unless it is denied within 60 pathology, and dietary counseling (3) Spiritual counseling. The hospice days after it is received. services on a 24-hour basis and/or to must: (c) Waivers will remain effective for 1 hire a dietary counselor to furnish (i) Provide an assessment of the year at a time from the date of the services directly. This evidence must patient’s and family’s spiritual needs; request. include— (ii) Provide spiritual counseling to (d) CMS may approve a maximum of (i) Copies of advertisements in local meet these needs in accordance with the two 1-year extensions for each initial newspapers that demonstrate patient’s and family’s acceptance of this waiver. If a hospice wishes to receive a recruitment efforts; service, and in a manner consistent with 1-year extension, it must submit a (ii) Physical therapy, occupational patient and family beliefs and desires; request to CMS before the expiration of therapy, speech-language pathology, (iii) Facilitate visits by local clergy, the waiver period, and certify that the and dietary counselor job descriptions; pastoral counselors, or other individuals conditions under which it originally (iii) Evidence that salary and benefits who can support the patient’s spiritual requested the initial waiver have not are competitive for the area; and needs to the best of its ability. The changed since the initial waiver was (iv) Evidence of any other recruiting hospice is not required to go to granted. activities (for example, recruiting efforts extraordinary lengths to do so; and Non-Core Services at health fairs and contact discussions (iv) Advise the patient and family of with physical therapy, occupational this service. § 418.70 Condition of participation: therapy, speech-language pathology, Furnishing of non-core services. and dietary counseling service providers § 418.66 Condition of participation: A hospice must ensure that the in the area). Nursing services—Waiver of requirement services described in § 418.72 through (b) Any waiver request is deemed to that substantially all nursing services be § 418.78 are provided directly by the routinely provided directly by a hospice. be granted unless it is denied within 60 hospice or under arrangements made by days after it is received. (a) CMS may waive the requirement the hospice as specified in § 418.100. (c) An initial waiver will remain in § 418.64(b) that a hospice provide These services must be provided in a effective for 1 year at a time from the nursing services directly, if the hospice manner consistent with current date of the request. is located in a nonurbanized area. The standards of practice. (d) CMS may approve a maximum of location of a hospice that operates in § 418.72 Condition of participation: two 1-year extensions for each initial several areas is considered to be the waiver. If a hospice wishes to receive a location of its central office. The Physical therapy, occupational therapy, and speech-language pathology. 1-year extension, it must submit a hospice must provide evidence to CMS request to CMS prior to the expiration that it has made a good faith effort to Physical therapy services, occupational therapy services, and of the waiver period and certify that hire a sufficient number of nurses to conditions under which it originally provide services. CMS may waive the speech-language pathology services must be available, and when provided, requested the waiver have not changed requirement that nursing services be since the initial waiver was granted. furnished by employees based on the offered in a manner consistent with following criteria: accepted standards of practice. § 418.76 Condition of participation: Home (1) The location of the hospice’s § 418.74 Waiver of requirement—Physical health aide and homemaker services. central office is in a nonurbanized area therapy, occupational therapy, speech- All home health aide services must be as determined by the Bureau of the language pathology, and dietary provided by individuals who meet the Census. counseling. personnel requirements specified in (2) There is evidence that a hospice (a) A hospice located in a non- paragraph (a) of this section. was operational on or before January 1, urbanized area may submit a written Homemaker services must be provided 1983 including— request for a waiver of the requirement by individuals who meet the personnel (i) Proof that the organization was for providing physical therapy, requirements specified in paragraph (j) established to provide hospice services occupational therapy, speech-language of this section. on or before January 1, 1983; pathology, and dietary counseling (a) Standard: Home health aide (ii) Evidence that hospice-type services. The hospice may seek a waiver qualifications. (1) A qualified home services were furnished to patients on or of the requirement that it make physical health aide is a person who has before January 1, 1983; and therapy, occupational therapy, speech- successfully completed— (iii) Evidence that hospice care was a language pathology, and dietary (i) A training program and discrete activity rather than an aspect of counseling services (as needed) competency evaluation as specified in another type of provider’s patient care available on a 24-hour basis. The paragraphs (b) and (c) of this section program on or before January 1, 1983. hospice may also seek a waiver of the respectively; or (3) By virtue of the following evidence requirement that it provide dietary (ii) A competency evaluation that a hospice made a good faith effort counseling directly. The hospice must program; or to hire nurses: provide evidence that it has made a (iii) A State licensure program that (i) Copies of advertisements in local good faith effort to meet the meets the requirements of paragraphs newspapers that demonstrate requirements for these services before it (b) and (c) of this section. recruitment efforts; seeks a waiver. CMS may approve a (2) A home health aide is not (ii) Job descriptions for nurse waiver application on the basis of the considered to have completed a training employees; following criteria: program, or a competency evaluation

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program if, since the individual’s most (F) Toileting and elimination; section, and must be supervised by a recent completion of the program(s), (x) Safe transfer techniques and registered nurse. there has been a continuous period of 24 ambulation. (2) The hospice must maintain consecutive months during which none (xi) Normal range of motion and documentation that demonstrates the of the services furnished by the positioning. requirements of this standard are met. individual as described in § 409.40 of (xii) Adequate nutrition and fluid (e) Standard: Qualifications for this chapter were for compensation. If intake. instructors conducting classroom there has been a 24-month lapse in (xiii) Any other task that the hospice supervised practical training, furnishing services, the individual must may choose to have an aide perform. competency evaluations and in-service complete another training and/or The hospice is responsible for training training. Classroom supervised practical competency evaluation program before home health aides, as needed, for skills training must be performed by or under providing services, as specified in not covered in the basic checklist, as the supervision of a registered nurse paragraph (a)(1) of this section. described in paragraph (b)(3)(ix) of this who possesses a minimum of two years (b) Standard: Content and duration of section. nursing experience, at least one year of home health aide classroom and (4) The hospice must maintain which must be in home health care. supervised practical training. (1) Home documentation that demonstrates that Other individuals may provide health aide training must include the requirements of this standard are instruction under the general classroom and supervised practical met. supervision of a registered nurse. classroom training in a practicum (c) Standard: Competency evaluation. (f) Standard: Eligible training laboratory or other setting in which the An individual may furnish home health organizations. A home health aide trainee demonstrates knowledge while services on behalf of a hospice only after training program may be offered by any performing tasks on an individual under that individual has successfully organization except by a home health the direct supervision of a registered completed a competency evaluation agency that, within the previous 2 nurse or licensed practical nurse, who is program as described in this section. years— (1) The competency evaluation must under the supervision of a registered (1) Was out of compliance with the address each of the subjects listed in nurse. Classroom and supervised requirements of paragraphs (b) or (c) of paragraphs (b)(1) through (b)(3) of this practical training combined must total this section; section. Subject areas specified under at least 75 hours. (2) Permitted an individual that does paragraphs (b)(3)(i), (b)(3)(iii), (b)(3)(ix), (2) A minimum of 16 hours of not meet the definition of a ‘‘qualified (b)(3)(x) and (b)(3)(xi) of this section classroom training must precede a home health aide’’ as specified in must be evaluated by observing an minimum of 16 hours of supervised paragraph (a) of this section to furnish aide’s performance of the task with a practical training as part of the 75 hours. home health aide services (with the patient. The remaining subject areas (3) A home health aide training exception of licensed health may be evaluated through written program must address each of the professionals and volunteers); following subject areas: examination, oral examination, or after observation of a home health aide with (3) Was subjected to an extended (or (i) Communication skills, including partial extended) survey as a result of the ability to read, write, and verbally a patient. (2) A home health aide competency having been found to have furnished report clinical information to patients, substandard care (or for other reasons at care givers, and other hospice staff; evaluation program may be offered by any organization, except as specified in the discretion of CMS or the State); (ii) Observation, reporting, and (4) Was assessed a civil monetary documentation of patient status and the paragraph (f) of this section. (3) The competency evaluation must penalty of $5,000 or more as an care or service furnished; intermediate sanction; (iii) Reading and recording be performed by a registered nurse in consultation with other skilled (5) Was found by CMS to have temperature, pulse, and respiration; compliance deficiencies that (iv) Basic infection control professionals, as appropriate. endangered the health and safety of the procedures; (4) A home health aide is not home health agency’s patients and had (v) Basic elements of body functioning considered competent in any task for temporary management appointed to and changes in body function that must which he or she is evaluated as oversee the management of the home be reported to an aide’s supervisor; unsatisfactory. An aide must not (vi) Maintenance of a clean, safe, and perform that task without direct health agency; healthy environment; supervision by a registered nurse until (6) Had all or part of its Medicare (vii) Recognizing emergencies and the after he or she has received training in payments suspended; or knowledge of emergency procedures the task for which he or she was (7) Was found by CMS or the State and their application; evaluated as ‘‘unsatisfactory,’’ and under any Federal or State law to have: (viii) The physical, emotional, and successfully completes a subsequent (i) Had its participation in the developmental needs of and ways to evaluation. Medicare program terminated; work with the populations served by the (5) The hospice must maintain (ii) Been assessed a penalty of $5,000 hospice, including the need for respect documentation that demonstrates the or more for deficiencies in Federal or for the patient, his or her privacy, and requirements of this standard are being State standards for home health his or her property; met. agencies; (ix) Appropriate and safe techniques (d) Standard: In-service training. A (iii) Been subjected to a suspension of in performing personal hygiene and home health aide must receive at least Medicare payments to which it grooming tasks, including items on the l2 hours of in-service training during otherwise would have been entitled; following basic checklist— each 12-month period. In-service (iv) Operated under temporary (A) Bed bath; training may occur while an aide is management that was appointed by a (B) Sponge, tub, and shower bath; furnishing care to a patient. governmental authority to oversee the (C) Hair shampoo (sink, tub, and bed); (1) In-service training may be offered operation of the home health agency (D) Nail and skin care; by any organization except one that is and to ensure the health and safety of (E) Oral hygiene; and excluded by paragraph (f) of this the home health agency’s patients; or

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(v) Been closed by CMS or the State, demonstrate initial and continued § 418.78 Conditions of participation: or had its patients transferred by the satisfactory performance in meeting Volunteers. State. outcome criteria that include, but is not The hospice must use volunteers to (g) Standard: Home health aide limited to— the extent specified in paragraph (e) of assignments and duties. A registered (i) Following the patient’s plan of care this section. These volunteers must be nurse or the appropriate qualified for completion of tasks assigned to the used in defined roles and under the therapist that is a member of the home health aide by the registered nurse supervision of a designated hospice interdisciplinary team makes home or qualified therapist; employee. health aide assignments. (ii) Creating successful interpersonal (a) Standard: Training. The hospice (l) Home health aides are assigned to relationships with the patient and must maintain, document and provide a specific patient by a registered nurse family; volunteer orientation and training that is consistent with hospice industry or the appropriate qualified therapist. (iii) Demonstrating competency with standards. Written patient care instructions for a assigned tasks; home health aide must be prepared by (b) Standard: Role. Volunteers must (iv) Complying with infection control a registered nurse or other appropriate be used in day-to-day administrative policies and procedures; and skilled professional (i.e., a physical and/or direct patient care roles. therapist, speech-language pathologist, (v) Reporting changes in the patient’s (c) Standard: Recruiting and or occupational therapist) who is condition. retaining. The hospice must document responsible for the supervision of a (3) If the hospice chooses to provide and demonstrate viable and ongoing home health aide as specified under home health aide services under efforts to recruit and retain volunteers. paragraph (h) of this section. contract with another organization, the (d) Standard: Cost saving. The (2) A home health aide provides hospice’s responsibilities include, but hospice must document the cost savings services that are: are not limited to— achieved through the use of volunteers. (i) Ordered by the physician or nurse (i) Ensuring the overall quality of care Documentation must include— practitioner; provided by an aide; (1) The identification of each position (ii) Included in the plan of care; (ii) Supervising an aide’s services as that is occupied by a volunteer; (iii) Permitted to be performed under described in paragraphs (h)(1) and (h)(2) (2) The work time spent by volunteers State law by such home health aide; and of this section; and occupying those positions; and (3) Estimates of the dollar costs that (iv) Consistent with the home health (iii) Ensuring that home health aides the hospice would have incurred if paid aide training. who provide services under employees occupied the positions (3) The duties of a home health aide arrangement have met the training and/ identified in paragraph (d)(1) of this include: or competency evaluation requirements section for the amount of time specified (i) The provision of hands-on personal of this condition. care; in paragraph (d)(2) of this section. (i) Standard: Individuals furnishing (e) Standard: Level of activity. (ii) The performance of simple Medicaid personal care aide-only procedures as an extension of therapy or Volunteers must provide day-to-day services under a Medicaid personal care administrative and/or direct patient care nursing services; benefit. An individual may furnish (iii) Assistance in ambulation or services in an amount that, at a personal care services, as defined in exercises; and minimum, equals 5 percent of the total § 440.167 of the Code of Federal (iv) Assistance in administering patient care hours of all paid hospice Regulations, on behalf of a hospice or medications that are ordinarily self- employees and contract staff. The home health agency. Before the administered. hospice must maintain records on the (4) Home health aides must report individual may furnish personal care use of volunteers for patient care and changes in the patient’s medical, services, the individual must be found administrative services, including the nursing, rehabilitative, and social needs competent by the State to furnish those type of services and time worked. to a registered nurse or other services. The individual only needs to appropriate licensed professional, as the demonstrate competency in the services Subpart D—Conditions of changes relate to the plan of care and the individual is required to furnish. Participation: Organizational quality assessment and improvement (j) Standard: Homemaker Environment activities. Home health aides must also qualifications. A qualified homemaker is a home health aide as described in § 418.100 Condition of participation: complete appropriate records in Organization and administration of compliance with the hospice’s policies § 418.76 or an individual who meets the services. standards in § 418.202(g) and has and procedures. The hospice must organize, manage, (h) Standard: Supervision of home successfully completed hospice orientation addressing the needs and and administer its resources to provide health aides. (1) A registered nurse or the hospice care and services to qualified therapist must make an onsite concerns of patients and families coping with a terminal illness. patients, caregivers and families visit to the patient’s home no less necessary for the palliation and (k) Standard: Homemaker supervision frequently than every 14 days to assess management of terminal illness. the home health aide’s services. The and duties. (1) Homemaker services (a) Standard: Serving the hospice home health aide does not have to be must be coordinated by a member of the patient and family. The hospice must present during this visit. A registered interdisciplinary group. ensure— nurse or qualified therapist must make (2) Instructions for homemaker duties (1) That each patient receives and an onsite visit to the location where the must be prepared by a member of the experiences hospice care that optimizes patient is receiving care in order to interdisciplinary group. comfort and dignity; and observe and assess each aide while he (3) Homemakers must report all (2) That each patient experience or she is performing care no less concerns about the patient or family to hospice care that is consistent with frequently than every 28 days. the member of the interdisciplinary patient and family needs and desires. (2) The supervising nurse or therapist group who is coordinating homemaker (b) Standard: Governing body and must assess an aide’s ability to services. administrator. A governing body (or

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designated persons so functioning) locations must be approved by CMS (b) Standard: Recertification of the assumes full legal authority and before providing hospice care and terminal illness. Before the responsibility for the management of the services to Medicare patients. The recertification period for each patient, as hospice, the provision of all hospice determination that a satellite location described in § 418.21(a), the medical services, its fiscal operations, and does or does not meet the definition of director or physician designee must continuous quality assessment and a satellite location, as set forth in this review: performance improvement. A qualified part, is an initial determination, as set (1) The patient’s clinical information; administrator reports to the governing forth in § 498.3. and body and is responsible for the day-to- (2) The hospice must continually (2) The patient’s and family’s day operation of the hospice. The monitor and manage all services expectations and wishes for the administrator must be a hospice provided at all of its locations to ensure continuation of hospice care. employee and possess education and that services are delivered in a safe and (c) Standard: Coordination of medical experience required by the hospice’s effective manner and to ensure that each care. The medical director or physician governing body. patient and family receives the designee, and the other members of the (c) Standard: Services. (1) A hospice necessary care and services outlined in interdisciplinary group are jointly must be primarily engaged in providing the plan of care. responsible for the coordination of the the following care and services and (g) Standard: In-service training. A patient’s medical care in its entirety. must do so in a manner that is hospice must assess the skills and The medical director or physician consistent within accepted standards of competence of all individuals designee is also responsible for directing practice: furnishing care, including volunteers the hospice’s quality assessment and (i) Nursing services. furnishing services, and, as necessary, performance improvement program. (ii) Medical social services. (iii) Physician services. provide in-service training and § 418.104 Condition of participation: (iv) Counseling services, including education programs where required. Clinical records. spiritual counseling, dietary counseling, The hospice must have written policies A clinical record containing past and and bereavement counseling. and procedures describing its method(s) current findings is maintained for each (v) Home health aide, volunteer, and of assessment of competency and hospice patient. The clinical record homemaker services. maintain a written description of the in- must contain accurate clinical (vi) Physical therapy, occupational service training provided during the information that is available to the therapy and speech-language pathology previous 12 months. patient’s attending physician and therapy services. § 418.102 Condition of participation: hospice staff. The clinical record may be (vii) Short-term inpatient care. maintained electronically. (viii) Medical supplies (including Medical director. (a) Standard: Content. Each patient’s drugs and biologicals) and medical The hospice must designate a physician to serve as medical director. record must include the following: appliances. (1) The plan of care, initial (2) Nursing services, physician The medical director must be a doctor assessment, comprehensive assessment, services, and drugs and biologicals (as of medicine or osteopathy who is either and updated comprehensive specified in § 418.106) must be made employed by, or under contract with, assessments, clinical notes, and progress routinely available on a 24-hour basis 7 the hospice. When the medical director days a week. Other covered services is not available, a physician designated notes. (2) Informed consent, authorization, must be available on a 24-hour basis by the medical director assumes the and election forms. when reasonable and necessary to meet same responsibilities and obligations as (3) Responses to medications, the needs of the patient and family. the medical director. The medical symptom management, treatments, and (d) Standard: Continuation of care. A director and physician designee services. hospice may not discontinue or reduce coordinate with other physicians and (4) Outcome measure data elements, care provided to a Medicare or Medicaid health care professionals to ensure that as described in § 418.54(e) of this beneficiary because of the beneficiary’s each patient experiences medical care subpart. inability to pay for that care. that reflects hospice policy. (e) Standard: Professional (5) Physician certification and (a) Standard: Initial certification of recertification of terminal illness as management responsibility. A hospice terminal illness. The medical director or that has a written agreement with required in § 418.22 and described in physician designee reviews the clinical § 418.102(a) and § 418.102(b) another agency, individual, or information for each hospice patient organization to furnish any services respectively. and provides written certification that it (6) Any advance directives as under arrangement, must retain is anticipated that the patient’s life administrative and financial described in § 418.52(a)(3). expectancy is 6 months or less if the (b) Standard: Authentication. All management, and supervision of staff illness runs its normal course. The and services for all arranged services, to entries must be legible, clear, complete, physician must consider the following and appropriately authenticated and ensure the provision of quality care. criteria when making this Arranged services must be supported by dated. All entries must be signed, and determination: the hospice must be able to authenticate written agreements that require that all (1) The primary terminal condition. services be— each handwritten and electronic (1) Authorized by the hospice; (2) Related diagnosis(es), if any. signature of a primary author who has (2) Furnished in a safe and effective (3) Current subjective and objective reviewed and approved the entry. manner by personnel having at least the medical findings. (c) Standard: Protection of same qualifications as hospice (4) Current medication and treatment information. The clinical record, its employees; and orders. contents and the information contained (3) Delivered in accordance with the (5) Information about the medical therein must be safeguarded against loss patient’s plan of care. management of any of the patient’s or unauthorized use. The hospice must (f) Standard: Hospice satellite conditions unrelated to the terminal be in compliance with the Department’s locations. (1) All hospice satellite illness. rules regarding personal health

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information set out at 45 CFR parts 160 and/or family to safely self-administer (1) A provider specified in paragraph and 164. drugs and biologicals. (a) of this section. (d) Standard: Retention of records. (b) Standard: Controlled drugs in the (2) A Medicare/Medicaid approved Patient clinical records must be retained patient’s home. The hospice must have nursing facility that also meets the for 5 years after the death or discharge a written policy for tracking, collecting, standards specified in § 418.110(b) and of the patient, unless State law and disposing of controlled drugs (f). stipulates a longer period of time. If the maintained in the patient’s home. (c) Standard: Inpatient care provided hospice discontinues operation, hospice During the initial hospice assessment, under arrangements. If the hospice has policies must provide for retention and the use and disposal of controlled an arrangement with a facility to storage of clinical records. The hospice substances must be discussed with the provide for short-term inpatient care, must inform its State agency and its patient and family to ensure the patient the arrangement is described in a legally CMS Regional office where such clinical and family are educated regarding the binding written agreement that at a records will be stored and how they uses and potential dangers of controlled minimum specifies— may be accessed. substances. The hospice nurse must (1) That the hospice supplies the (e) Standard: Discharge or transfer of document that the policy was discussed inpatient provider a copy of the care. (1) If the care of a patient is with the patient and family. patient’s plan of care and specifies the transferred to another Medicare/ inpatient services to be furnished; (c) Standard: Use and maintenance of (2) That the inpatient provider has Medicaid-approved facility, the hospice equipment and supplies. (1) The must forward a copy of the patient’s established patient care policies hospice must follow manufacturer consistent with those of the hospice and clinical record and the hospice recommendations for performing discharge summary to that facility. agrees to abide by the palliative care routine and preventive maintenance on protocols and plan of care established (2) If a patient revokes the election of durable medical equipment. The hospice care, or is discharged from by the hospice for its patients; equipment must be safe and work as (3) That the hospice patient’s hospice because eligibility criteria are intended for use in the patient’s inpatient clinical record includes a no longer met, the hospice must provide environment. Where there is no record of all inpatient services a copy of the clinical record and the manufacturer recommendation for a furnished, events regarding care that hospice discharge summary of this piece of equipment, the hospice must occurred at the facility, and that a copy section to the patient’s attending develop in writing its own repair and of the inpatient clinical record and physician. routine maintenance policy. The discharge summary is available to the (3) The hospice discharge summary hospice may use persons under contract hospice at the time of discharge; must include— to ensure the maintenance and repair of (4) That the inpatient facility has (i) A summary of the patient’s stay durable medical equipment. identified a individual within the including treatments, symptoms and (2) The hospice must ensure that the facility who is responsible for the pain management; patient, where appropriate, as well as implementation of the provisions of the (ii) The patient’s current plan of care; the family and/or other caregiver(s), agreement; (iii) The patient’s latest physician receive instruction in the safe use of (5) That the hospice retains orders; and durable medical equipment and responsibility for arranging the training (iv) Any other documentation that supplies. The patient, family, and/or of personnel who will be providing the will assist in post-discharge continuity caregiver must be able to demonstrate patient’s care in the inpatient facility of care. the appropriate use of durable medical and that a description of the training (f) Standard: Retrieval of clinical equipment to the satisfaction of the and the names of those giving the records. The clinical record, whether hospice staff. training is documented; and hard copy or in electronic form, must be (6) That a way to verify that made readily available on request by an § 418.108 Condition of participation: requirements in paragraphs (c)(1) appropriate authority. Short-term inpatient care. through (c)(5) of this section have been § 418.106 Condition of participation: Inpatient care must be available for met is established. Drugs, controlled drugs and biologicals, pain control, symptom management, (d) Standard: Inpatient care medical supplies, and durable medical and respite purposes, and must be limitation. The total number of inpatient equipment. provided in a participating Medicare or days used by Medicare beneficiaries Medical supplies and appliances, as Medicaid facility. who elected hospice coverage in a 12- described in § 410.36 of this chapter; (a) Standard: Inpatient care for month period in a particular hospice durable medical equipment, as symptom management and pain may not exceed 20 percent of the total described in § 410.38 of this chapter; control. Inpatient care for pain control number of hospice days consumed in and drugs and biologicals related to the and symptom management must be total by this group of beneficiaries. (e) Standard: Exemption from palliation and management of the provided in one of the following: limitation. Before October 1, 1986, any terminal illness and related conditions, (1) A Medicare-approved hospice that hospice that began operation before as identified in the hospice plan of care, meets the conditions of participation for January 1, 1975, is not subject to the must be provided by the hospice while providing inpatient care directly as limitation specified in paragraph (d) of the patient is under hospice care. specified in § 418.110. (a) Standard: Administration of drugs (2) A Medicare-participating hospital this section. and biologicals. (1) All drugs and or a skilled nursing facility that also § 418.110 Condition of participation: biologicals must be administered in meets the standards specified in Hospices that provide inpatient care accordance with accepted hospice and § 418.110(b) and (f) regarding 24-hour directly. palliative care standards of practice and nursing services and patient areas. A hospice that provides inpatient care according to the patient’s plan of care. (b) Standard: Inpatient care for respite directly must demonstrate compliance (2) The interdisciplinary group, as purposes. Inpatient care for respite with all of the following standards: part of the review of the plan of care, purposes must be provided by one of (a) Standard: Staffing. The hospice is must determine the ability of the patient the following: responsible for ensuring that staffing for

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all services reflects its volume of 2000, for incorporation by reference in Register has approved NFPA Temporary patients, their acuity, and the level of accordance with 5 U.S.C. 552(a) and 1 Interim Amendment 00–1(101) for intensity of services needed to ensure CFR part 51. A copy of the code is incorporation by reference in that plan of care outcomes are achieved available for inspection at the CMS accordance with 5 U.S.C. 552(a) and 1 and negative outcomes are avoided. Information Resource Center, 7500 CFR part 51. A copy of the amendment (b) Standard: Twenty-four hour Security Boulevard, Baltimore, MD or at is available for inspection at the CMS nursing services. The hospice facility the National Archives and Records Information Resource Center, 7500 must provide 24-hour nursing services Administration (NARA). For Security Boulevard, Baltimore MD and that meet the nursing needs of all information on the availability of this at the Office of the Federal Register, 800 patients and are furnished in material at NARA, call 202–741–6030, North Capitol Street NW., Suite 700, accordance with each patient’s plan of or go to: http://www.archives.gov/ Washington, DC. Copies may be care. Each patient must receive all federal register/code of federal obtained from the National Fire nursing services as prescribed and must regulations/ibr locations.html. Copies Protection Association, 1 Batterymarch be kept comfortable, clean, well- may be obtained from the National Fire Park, Quincy, MA 02269. If any groomed, and protected from accident, Protection Association, 1 Batterymarch additional changes are made to this injury, and infection. Park, Quincy, MA 02269. If any changes amendment, CMS will publish notice in (c) Standard: Physical environment. in the edition of the Code are the Federal Register to announce the The hospice must maintain a safe incorporated by reference, CMS will changes. physical environment free of hazards for publish a notice in the Federal Register (e) Standard: Patient areas. The patients, staff, and visitors. to announce the changes. hospice must provide a home-like (1) Safety management. (i) The (ii) Chapter 19.3.6.3.2, exception atmosphere and ensure that patient hospice must address real or potential number 2 of the adopted edition of the areas are designed to preserve the threats to the health and safety of the LSC does not apply to hospice. dignity, comfort, and privacy of patients, others, and property. The (2) In consideration of a patients. hospice must report a breach of safety recommendation by the State survey (1) The hospice must provide— to appropriate State and local bodies agency, CMS may waive, for periods (i) Physical space for private patient having regulatory jurisdiction and deemed appropriate, specific provisions and family visiting; correct it promptly. of the Life Safety Code which, if rigidly (ii) Accommodations for family (ii) The hospice must take steps to applied would result in unreasonable members to remain with the patient prevent equipment failure and when a hardship for the hospice, but only if the throughout the night; and failure occurs, report it appropriate waiver would not adversely affect the (iii) Physical space for family privacy State and local bodies having regulatory health and safety of patients. after a patient’s death. jurisdiction and correct it promptly. (3) The provisions of the adopted (2) The hospice must provide the (iii) The hospice must have a written edition of the Life Safety Code do not opportunity for patients to receive disaster preparedness plan in effect for apply in a State if CMS finds that a fire visitors at any hour, including infants managing the consequences of power and safety code imposed by State law and small children. failures, natural disasters, and other adequately protects patients in hospices. (f) Standard: Patient rooms. (1) The emergencies that would affect the (4) Beginning March 13, 2006, a hospice must ensure that patient rooms hospice’s ability to provide care. The hospice must be in compliance with are designed and equipped for nursing plan must be periodically reviewed and Chapter 9.2.9, Emergency lighting. care, as well as the dignity, comfort, and rehearsed with staff (including non- (5) Beginning March 13, 2006, privacy of patients. employee staff) with special emphasis Chapter 19.3.6.3.2, exception number 2 (2) The hospice must accommodate a placed on carrying out the procedures does not apply to hospices. patient and family request for a single necessary to protect patients and others. (6) Notwithstanding any provisions of room whenever possible. (2) Physical plant and equipment. The the 2000 edition of the Life Safety Code (3) Each patient’s room must— hospice must develop procedures for to the contrary, a hospice may place (i) Be at or above grade level; managing the control, reliability, and alcohol-based hand rub dispensers in its (ii) Contain a suitable bed and other quality of— facility if— appropriate furniture for each patient; (i) The routine storage and prompt (i) Use of alcohol-based hand rub (iii) Have closet space that provides disposal of trash and medical waste; dispensers does not conflict with any security and privacy for clothing and (ii) Light, temperature, and State or local codes that prohibit or personal belongings; ventilation/air exchanges throughout otherwise restrict the placement of (iv) Accommodate no more than two the hospice; alcohol-based hand rub dispensers in patients; (iii) Emergency gas and water supply; health care facilities; (v) Provide at least 80 square feet for and (ii) The dispensers are installed in a each residing patient in a double room (iv) The scheduled and emergency manner that minimizes leaks and spills and at least 100 square feet for each maintenance and repair of all that could lead to falls; patient residing in a single room; and equipment. (iii) The dispensers are installed in a (vi) Be equipped with an easily- (d) Standard: Fire protection. (1) manner that adequately protects against activated, functioning device accessible Except as otherwise provided in this access by vulnerable populations; and to the patient, that is used for calling for section— (iv) The dispensers are installed in assistance. (i) The hospice must meet the accordance with chapter 18.3.2.7 or (4) For an existing building, CMS may provisions applicable to nursing homes chapter 19.3.2.7 of the 2000 edition of waive the space and occupancy of the 2000 edition of the Life Safety the Life Safety Code, as amended by requirements of paragraphs (f)(2)(iv) and Code (LSC) of the National Fire NFPA Temporary Interim Amendment (f)(2)(v) of this section for a period of Protection Association The Director of 00–1(101), issued by the Standards time if it determines that— the Office of the Federal Register has Council of the National Fire Protection (i) Imposition of the requirements approved the NFPA 101 2000 edition of Association on April 15, 2004. The would result in unreasonable hardship the Life Safety Code, issued January 14, Director of the Office of the Federal on the hospice if strictly enforced; or

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jeopardize its ability to continue to professional principles and appropriate (5) Drug disposal. Controlled drugs no participate in the Medicare program; Federal, State, and local laws. longer needed by a patient must be and (n) Pharmacist. A licensed pharmacist disposed of in compliance with the (ii) The waiver serves the needs of the must provide consultation on all aspects hospice policy and in accordance with patient and does not adversely affect of the provision of pharmaceutical care State and Federal requirements. their health and safety. in the facility, including ordering, (o) Standard: Seclusion and restraint. (g) Standard: Toilet/bathing facilities. storage, administration, disposal, and (1) The patient has the right to be free Each patient room must be equipped record keeping of drugs and biologicals. from seclusion and restraint, of any with, or conveniently located near, (1) Orders for medications. (i) A form, imposed as a means of coercion, toilet and bathing facilities. physician as defined by section discipline, convenience, or retaliation (h) Standard: Plumbing facilities. The 1861(r)(1) of the Act, or a nurse by staff. The term restraint includes hospice must— practitioner in accordance with the plan either a physical restraint or a drug that (1) Have an adequate supply of hot of care and State law, must order all is being used as a restraint. A physical water at all times; and medications for the patient. restraint is any manual method or (2) Have plumbing fixtures with (ii) If the medication order is verbal or physical or mechanical device, material control valves that automatically given by or through electronic or equipment attached or adjacent to the regulate the temperature of the hot transmission— patient’s body that he or she cannot water used by patients. (A) The physician must give it only to easily remove, that restricts free (i) Standard: Infection control. The a licensed nurse, nurse practitioner movement of, normal function of, or hospice must maintain an infection (where appropriate), pharmacist, or normal access to one’s body. A drug control program that protects patients, another physician; and used as a restraint is a medication used staff and others by preventing and (B) The individual receiving the order to control behavior or to restrict the controlling infections and must record and sign it immediately and patient’s freedom of movement and is communicable disease as stipulated in have the prescribing physician sign it in not a standard treatment for a patient’s § 418.60. accordance with State and Federal medical or psychiatric condition. (j) Standard: Sanitary environment. regulations. Seclusion is the confinement of a person The hospice must provide a sanitary alone in a room or an area where a environment by following current (2) Administration of medications. Medications must be administered by person is physically prevented from standards of practice, including leaving. nationally recognized infection control only the following individuals: (i) A licensed nurse, physician, or (2) Seclusion and restraint can only be precautions, and avoid sources and used in emergency situations if needed transmission of infections and other health care professional in accordance with their scope of practice. to ensure the patient’s or others’ communicable diseases. physical safety, and only if less (k) Standard: Linen. The hospice must (ii) An employee who has completed a State-approved training program in restrictive interventions have been tried, have available at all times a quantity of determined and documented to be clean linen in sufficient amounts for all medication administration. (iii) The patient, upon approval by the ineffective. patient uses. Linens must be handled, (3) The use of restraint and seclusion attending physician. stored, processed, and transported in must be— such a manner as to prevent the spread (3) Labeling of drugs and biologicals. (i) Selected only when less restrictive of contaminants. Drugs and biologicals must be labeled in measures have been found ineffective to (l) Standard: Meal service and menu accordance with currently accepted protect the patient or others from harm; planning. The hospice must furnish professional practice and must include (ii) Carried out in accordance with the meals to each patient that are— appropriate accessory and cautionary order of a physician. The following will (1) Consistent with the patient’s plan instructions, as well as an expiration be superseded by more restrictive State of care, nutritional needs, and date (if applicable). laws: therapeutic diet; (4) Drug management procedures. (i) (A) Orders for seclusion or restraints (2) Palatable, attractive, and served at All drugs and biologicals must be stored must never be written as a standing the proper temperature; and in secure areas. All drugs listed in order or an as needed basis (that is, (3) Obtained, stored, prepared, Schedules II, III, IV, and V of the PRN). distributed, and served under sanitary Comprehensive Drug Abuse Prevention (B) The hospice medical director or conditions. and Control Act of 1976 must be stored physician designee must be consulted as (m) Standard: Pharmaceutical in locked compartments within such soon as possible if restraint or seclusion services. Under the direction of a secure storage areas. Only personnel is not ordered by the hospice medical qualified pharmacist, the hospice must authorized to administer controlled director or physician designee. provide pharmaceutical services such as medications may have access to the (C) A hospice medical director or drugs and biologicals and have a written locked compartments. physician designee must see the patient process in place that ensures dispensing (ii) The hospice must keep current and evaluate the need for restraint or accuracy. The hospice will evaluate a and accurate records of the receipt and seclusion within 1 hour after initiation patient’s response to the medication disposition of all controlled drugs. of this intervention. therapy, identify adverse drug reactions, (iii) Any discrepancies in the (D) Each order for a physical restraint and take appropriate corrective action. acquisition, storage, use, disposal, or or seclusion must be in writing and Drugs and biologicals must be obtained return of controlled drugs must be limited to 4 hours for adults; 2 hours for from community or institutional investigated immediately by the children and adolescents ages 9 through pharmacists or stocked by the hospice. pharmacist and hospice administrator 17; or 1 hour for patients under the age The hospice must furnish the drugs and and where required reported to the of 9. The original order may only be biologicals for each patient, as specified appropriate State agency. A written renewed in accordance with these limits in each patient’s plan care. The use of account of the investigation must be for up to a total of 24 hours. After the drugs and biologicals must be provided made available to State and Federal original order expires, a physician must in accordance with accepted officials. reassess the patient’s need before

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issuing another seclusion and restraint management of the resident’s hospice necessary related to the terminal illness; order. care, in accordance with the hospice or (iii) In accordance with the conditions of participation and make (v) The patient dies. interdisciplinary group and a written any arrangements necessary for (5) A provision stating that the modification to the patient’s plan of inpatient care in a participating hospice assumes responsibility for care; Medicare/Medicaid facility according to determining the appropriate course of (iv) Implemented in the least § 418.100. care, including the determination to restrictive manner possible not to (c) Standard: Core services. A hospice change the level of services provided. interfere with the palliative care being must routinely provide all core services. (6) An agreement that it is the provided; These services include nursing services, facility’s primary responsibility to (v) In accordance with safe, medical social services, and counseling furnish room and board. appropriate restraining techniques; services. The hospice may contract for (7) A delineation of the hospice’s (vi) Ended at the earliest possible physician services as stated in responsibilities, which include, but are time; and § 418.64(a). A hospice may use not limited to, providing medical (vii) Supported by medical necessity contracted staff provided by another direction and management of the and the patient’s response or outcome, Medicare certified hospice to furnish patient, nursing, counseling (including and documented in the patient’s clinical core services, if necessary, to spiritual and dietary counseling), social record. supplement hospice employees in order work, bereavement counseling for (4) A restraint and seclusion may not to meet the needs of patients under immediate family members, provision of be used simultaneously unless the extraordinary or other non-routine medical supplies and durable medical patient is— circumstances, as described in § 418.64. equipment, and drugs necessary for the (i) Continually monitored face to face (d) Standard: Medical director. The palliation of pain and symptoms by an assigned staff member; or medical director and physician designee associated with the terminal illness, as (ii) Continually monitored by staff of the hospice must provide overall well as all other hospice services that using video and audio equipment. Staff coordination of the medical care of the are necessary for the care of the must be in immediate response hospice resident that resides in an SNF, resident’s terminal illness. proximity to the patient. NF, or other facility. The medical (8) A provision that the hospice may (5) The condition of the patient who director and physician designee must use the facility’s nursing personnel is in a restraint or in seclusion must communicate with the medical director where permitted by law and as specified continually be assessed, monitored, and of the SNF/NF, the patient’s attending by the facility to assist in the reevaluated by an assigned staff physician, and other physicians administration of prescribed therapies member. participating in the provision of care for included in the plan of care only to the (6) All staff who have direct patient the terminal and related conditions to extent that the hospice would routinely contact must have ongoing education ensure quality care for the patient and utilize the services of a hospice and training in the proper and safe use family. resident’s family in implementing the of seclusion and restraint application (e) Standard: Written agreement. The plan of care. and techniques and alternative methods hospice and the facility must have a (f) Standard: Hospice plan of care. A for handling behavior, symptoms, and written agreement that specifies the written plan of care must be established situations that traditionally have been provision of hospice services in the and maintained for each facility patient treated through the use of restraints or facility. The agreement must be signed and must be developed by and seclusion. by authorized representatives of the coordinated with the hospice (7) The hospice must report to the hospice and the facility before the interdisciplinary group in consultation CMS regional office any death that provision of hospice services. The with facility representatives and in occurs while the patient is restrained or written agreement must include at least collaboration with the attending in seclusion, within 24 hours after a the following: physician. All care provided must be in (1) The written consent of the patient patient has been removed from restraint accordance with this plan. The plan or the patient’s representative that or seclusion. must reflect the hospice’s policies and hospice services are desired. procedures in all aspects and be based § 418.112 Condition of participation: (2) The services that the hospice will on an assessment of the patient’s needs Hospices that provide hospice care to furnish and that the facility will furnish. residents of a SNF/NF, ICF/MR, or other (3) The manner in which the facility and unique living situation in the facilities. and the hospice are to communicate facility. It must include the patient’s In addition to meeting the conditions with each other to ensure that the needs current medical, physical, social, of participation at § 418.10 through of the patient are addressed and met 24 emotional, and spiritual needs. § 418.116, a hospice that provides hours a day. Directives for management of pain and hospice care to residents of a SNF/NF, (4) A provision that the facility other symptoms must be addressed and ICF/MR, or other residential facility immediately notifies the hospice if— updated as necessary to reflect the must abide by the following additional (i) A significant change in the patient’s status. standards. patient’s physical, mental, social, or (1) The plan of care must identify the (a) Standard: Resident eligibility, emotional status occurs; care and services that are needed and election, and duration of benefits. (ii) Clinical complications appear that specifically identify which provider is Medicare patients receiving hospice suggest a need to alter the plan of care; responsible for performing the services and residing in a SNF, NF, or (iii) A life threatening condition respective functions that have been other facility must meet the Medicare appears; agreed upon and included in the plan of hospice eligibility criteria as identified (iv) A need to transfer the patient care. in § 418.20 through § 418.30. from the facility and the hospice makes (2) The plan of care reflects the (b) Standard: Professional arrangements for, and remains participation of the hospice, the facility, management. The hospice must assume responsible for, any necessary and the patient and family to the extent full responsibility for professional continuous care or inpatient care possible.

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(3) In conjunction with pathologists, and home health aides. (i) Meet the requirements for representatives of the facility, the plan The following qualifications must be certification as an occupational therapy of care must be reviewed at intervals met: assistant established by the American specified in the plan but no less often (1) Physicians. Physicians must meet Occupational Therapy Association; or than every 14 calendar days. the qualifications and conditions as (ii) Have 2 years of appropriate (4) Any changes in the plan of care defined in section 1861(r) of the Act and experience as an occupational therapy must be discussed among all caregivers implemented at § 410.20 of this chapter. assistant, and have achieved a and must be approved by the hospice (2) Speech language pathologists. satisfactory grade on a proficiency before implementation. Speech language pathologists must meet examination conducted, approved, or (g) Standard: Coordination of services. the qualifications specified in section sponsored by the U.S. Public Health The hospice must designate a member 1861(ll)(1) of the Act. The individual Service, except that such determinations of its interdisciplinary group to must have a master’s or doctoral degree of proficiency do not apply with respect coordinate the implementation of the in speech-language pathology and to persons initially licensed by a State plan of care with the representatives of must— or seeking initial qualification as an the facility. The hospice must provide (i) Be licensed as a speech-language occupational therapy assistant after the facility with the following pathologist by the State in which the December 31, 1977. information: individual furnishes such services, or, (3) Physical therapist. A person (1) Plan of care. (ii) In the case of an individual who who— (2) Patient or patient’s representative furnishes services in a State which does (i) Has graduated from a physical hospice consent form and advance not license speech-language therapy curriculum approved by— directives. pathologists, must: (A) The American Physical Therapy (3) Names and contact information for (A) Have successfully completed 350 Association; hospice personnel involved in hospice clock hours of supervised clinical (B) The Council on Medical Education care of the patient. practicum (or is in the process of of the American Medical Association (4) Instructions on how to access the accumulating such supervised clinical and the American Physical Therapy hospice’s 24-hour on-call system. experience), Association; or (5) Medication information specific to (B) Have performed not less than 9 (ii) Prior to January 1, 1966— the patient months of supervised full-time speech (A) Was admitted to membership by (6) Physician orders. language pathology services after the American Physical Therapy (h) Standard: Transfer, revocation, or obtaining a master’s or doctoral degree Association; discharge from hospice care. in speech-language pathology or a (B) Was admitted to registration by Requirements for discharge or related field, and successfully the American Registry of Physical revocation from hospice care, completed the Praxis National Therapists; or § 418.104(e), apply. Discharge from or Examination in Speech-Language (C) Has graduated from a physical revocation of hospice care does not Pathology. therapy curriculum in a 4-year college directly impact the eligibility to (3) Home health aides. Home health or university approved by a State continue to reside in an SNF, NF, ICF/ aides must meet the qualifications department of education; or MR, or other facility. required by section 1891(a)(3) of the Act (iii) Has 2 years of appropriate (i) Standard: Orientation and training and implemented at § 484.75. experience as a physical therapist, and of staff. Hospice staff must orient (c) Personnel qualifications when no has achieved a satisfactory grade on a facility staff furnishing care to hospice State licensing, certification or proficiency examination conducted, patients in the hospice philosophy, registration requirements exist. If no approved, or sponsored by the U.S. including hospice policies and State licensing laws, certification or Public Health Service except that such procedures regarding methods of registration requirements exist for the determinations of proficiency do not comfort, pain control, symptom profession, the following requirements apply with respect to persons initially management, as well as principles about must be met: licensed by a State or seeking death and dying, individual responses (1) Occupational therapist. An qualification as a physical therapist after to death, patient rights, appropriate occupational therapist must— December 31, 1977; or forms, and record keeping requirements. (i) Be a graduate of an occupational (iv) Was licensed or registered prior to therapy curriculum accredited by the January 1, 1966, and prior to January 1, § 418.114 Condition of participation: American Occupational Therapy 1970, had 15 years of full-time Personnel qualifications for licensed Association, and be eligible for the experience in the treatment of illness or professionals. National Registration Examination of injury through the practice of physical (a) General qualification the American Occupational Therapy therapy in which services were requirements. Except as specified in Association; or rendered under the order and direction paragraph (c) of this section, all (ii) Have 2 years of appropriate of attending and referring doctors of professionals who furnish services experience as an occupational therapist, medicine or osteopathy; or directly, under an individual contract, and have achieved a satisfactory grade (v) If trained outside the United or under arrangements with a hospice, on a proficiency examination States— must be legally authorized (licensed, conducted, approved, or sponsored by (A) Has graduated, since 1928, from a certified or registered) to practice by the the U.S. Public Health Service, except physical therapy curriculum approved State in which he or she performs such that such determinations of proficiency in the country in which the curriculum functions or actions, and must act only do not apply with respect to persons was located and in which there is a within the scope of his or her State initially licensed by a State or seeking member organization of the World license, or State certification, or initial qualification as an occupational Confederation for Physical Therapy; registration. All personnel qualifications therapist after December 31, 1977. (B) Meets the requirements for must be kept current at all times. (2) Occupational therapy assistant. membership in a member organization (b) Personnel qualifications for An occupational therapy assistant of the World Confederation for Physical physicians, speech-language must— Therapy.

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(4) Physical therapist assistant. A § 418.116 Condition of participation: reference laboratory, the reference person who— Compliance with Federal, State, and local laboratory must be certified in the laws and regulations related to health and (i) Has graduated from a 2-year appropriate specialties and safety of patients. subspecialties of services in accordance college-level program approved by the The hospice and its staff must operate American Physical Therapy with the applicable requirements of part and furnish services in compliance with 493 of this chapter. Association; or all applicable Federal, State, and local (ii) Has 2 years of appropriate laws and regulations related to the § 418.200 [Amended] health and safety of patients. If State or experience as a physical therapy 6. Section 418.200 is amended by local law provides for licensing of assistant, and has achieved a revising the reference ‘‘§ 418.58’’ to read hospices, the hospice must be licensed. satisfactory grade on a proficiency ‘‘§ 418.56’’. examination conducted, approved, or (a) Standard: Licensure of staff. Any persons who provide hospice services sponsored by the U.S. Public Health § 418.202 [Amended] must be licensed, certified, or registered Service, except that these in accordance with applicable Federal, 7. In § 418.202, paragraph (e) is determinations of proficiency do not State and local laws. amended by revising the reference apply with respect to persons initially (b) Standard: Multiple locations. ‘‘§ 418.98(b)’’ to read ‘‘§ 418.108(b)’’ and licensed by a State or seeking initial Every hospice must comply with the paragraph (g) is amended by revising the qualification as a physical therapy requirements of § 420.206 of this reference ‘‘§ 418.94’’ to read ‘‘§ 418.76’’. assistant after December 31, 1977. chapter regarding disclosure of (Catalog of Federal Domestic Assistance (5) Registered nurse. A graduate of a ownership and control information. All Program No. 93.778, Medical Assistance school of professional nursing. hospice satellite locations must be Program) approved by CMS and licensed in (6) Licensed practical nurse. A person (Catalog of Federal Domestic Assistance accordance with State licensure laws, if Program No. 93.773, Medicare—Hospital who has completed a practical nursing applicable, before providing Medicare Insurance; and Program No. 93.774, program. reimbursed services. Medicare—Supplementary Medical (7) Social worker. A person who has (c) Standard: Laboratory services. (1) Insurance Program) a baccalaureate degree from a school of If the hospice engages in laboratory Dated: February 7, 2005. social work accredited by the Council testing other than assisting a patient in Mark B. McClellan, self-administering a test with an on Social Work Education. Administrator, Centers for Medicare & appliance that has been approved for Medicaid Services. (d) Standard: Criminal background that purpose by the FDA, the hospice Approved: February 7, 2005. checks. The hospice must obtain a must be in compliance with all criminal background check on each applicable requirements of part 493 of Michael O. Leavitt, hospice employee and contracted this chapter. Secretary. employee before employment at the (2) If the hospice chooses to refer [FR Doc. 05–9935 Filed 5–26–05; 8:45 am] hospice. specimens for laboratory testing to a BILLING CODE 4120–01–P

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Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. Presidential Documents 3 CFR 2005 ...... 24697 Notice of May 17, Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 2005 ...... 28771 7890...... 23007 Notice of May 19, Other Services 7891...... 23771 2005 ...... 29435 Electronic and on-line services (voice) 741–6020 7892...... 23773 Privacy Act Compilation 741–6064 7893...... 23915 5 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 7894...... 23917 213...... 28775 TTY for the deaf-and-hard-of-hearing 741–6086 7895...... 23919 297...... 28775 7896...... 23921 315...... 28775 7897...... 24475 ELECTRONIC RESEARCH 334...... 28775 7898...... 24695 World Wide Web 362...... 28775 7899...... 25459 530...... 25732 Full text of the daily Federal Register, CFR and other publications 7900...... 28411 532...... 28425 is located at: http://www.gpoaccess.gov/nara/index.html 7901...... 28765 537...... 28775 Federal Register information and research tools, including Public 7902...... 28767 550...... 24477, 28775 Inspection List, indexes, and links to GPO Access are located at: 7903...... 29569 575...... 25732 http://www.archives.gov/federallregister/ 7904...... 29571 875...... 30605 7905...... 29915 E-mail 1200...... 30607 Administrative Orders: 1201...... 30607 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Presidential 1207...... 24293 an open e-mail service that provides subscribers with a digital Determinations: Proposed Rules: form of the Federal Register Table of Contents. The digital form No. 2005–23 of April 410...... 30647 of the Federal Register Table of Contents includes HTML and 29, 2005 ...... 25457 532...... 28488 PDF links to the full text of each document. Executive Orders: 724...... 30380 To join or leave, go to http://listserv.access.gpo.gov and select 12722 (See Notice of Ch. LXXXI...... 23065 Online mailing list archives, FEDREGTOC-L, Join or leave the list May 19, 2005)...... 29435 (or change settings); then follow the instructions. 12724 (See Notice of 7 CFR PENS (Public Law Electronic Notification Service) is an e-mail May 19, 2005)...... 29435 1...... 24935 service that notifies subscribers of recently enacted laws. 12788 (Amended by 2...... 23927, 30609 EO 13378)...... 28413 3...... 29573 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 13047 (See Notice of 46...... 29573 and select Join or leave the list (or change settings); then follow May 17, 2005)...... 28771 97...... 28783 the instructions. 13290 (See Notice of 110...... 29573 FEDREGTOC-L and PENS are mailing lists only. We cannot May 19, 2005)...... 28413 205...... 29573 respond to specific inquiries. 13303 (See Notice of 246...... 29573 Reference questions. Send questions and comments about the May 19, 2005)...... 29435 278...... 29573 Federal Register system to: [email protected] 13310 (See Notice of 301...... 24297, 30329 The Federal Register staff cannot interpret specific documents or May 17, 2005)...... 28771 319...... 22585 regulations. 13315 (See Notice of 340...... 23009 May 19, 2005)...... 29435 905...... 23928 FEDERAL REGISTER PAGES AND DATE, MAY 13338 (See Notice of 927...... 29388 May 5, 2005)...... 24697 985...... 29917 22585–22780...... 2 13350 (See Notice of 993...... 30610 22781–23008...... 3 May 19, 2005)...... 29435 999...... 30610 23009–23774...... 4 13364 (See Notice of 1150...... 29573 23775–23926...... 5 May 19, 2005)...... 29435 1160...... 29573 23927–24292...... 6 13378...... 28413 1435...... 28181 24293–24476...... 9 Administrative Orders: 1439...... 29920 24477–24698...... 10 Memorandums: 1770...... 25753 24699–24934...... 11 Memorandum of March 1776...... 28786 24935–25456...... 12 11, 2003 1944...... 29927 25457–25752...... 13 (Superceded by Proposed Rules: 25753–28180...... 16 Memorandum of 249...... 30558 28181–28414...... 17 May 5, 2005)...... 28773 319...... 22612, 29212 28415–28772...... 18 Memorandum of April 925...... 30001 28773–29188...... 19 21, 2005 ...... 23925 944...... 30001 29189–29436...... 20 Memorandum of May 946...... 25790 29437–29572...... 23 5, 2005 ...... 28773 948...... 23942 29573–29914...... 24 Memorandum of May 966...... 30647 29915–30328...... 25 13, 2005 ...... 29431 983...... 23065 30329–30604...... 26 Notices: 1005...... 29410 30605–30894...... 27 Notice of May 5, 1007...... 29410

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1430...... 30009 389...... 25765 1300...... 22591, 25462 33 CFR 1260...... 28808 1301...... 22591, 25462 8 CFR 100 ...... 23936, 25778, 25780, 1273...... 28808 1304...... 22591, 25462 29195, 29197 214...... 23775 1274...... 28808 1305...... 22591 110...... 28424, 29953 Proposed Rules: 1307...... 22591, 25462 9 CFR 117 ...... 24482, 25781, 25783, 25...... 30020 Proposed Rules: 28426, 29622 77...... 29579 39 ...... 22613, 22615, 22618, 1...... 24490 150...... 24707 78...... 22588 22620, 22826, 24326, 24331, 101...... 23813, 25496 165 ...... 22800, 24309, 24955, 417...... 30331 24335, 24338, 24341, 24488, 130...... 29214 28426, 28428, 28826, 29200, Proposed Rules: 24731, 24994, 24997, 28220, 361...... 24491 29202, 29623, 29624, 30358, 94...... 23809 28489, 28491, 28854, 28857, 1308...... 25502 30360, 30634, 30635, 30638 327...... 24485 28988, 30028, 30651, 30653 22 CFR 402...... 28212 410...... 29214 71 ...... 23810, 30031, 30033, Proposed Rules: 30034, 30035, 30036 62...... 28815 10 CFR 203...... 25466 100 ...... 23821, 23946, 30656 401...... 29164 117...... 24492 72 ...... 22781, 24936, 29931 404...... 29164 23 CFR 165 ...... 23821, 23824, 23948, 110...... 29934 413...... 29164 23950, 24342, 24344, 25505, 170...... 30526 771...... 24468 415...... 29164 25507, 25509, 25511, 25514, 171...... 30526 420...... 29164 24 CFR 29235, 30040, 30656 300...... 24302 Proposed Rules: 207...... 30042 Proposed Rules: 15 CFR 115...... 28748 71...... 23303 30...... 25773 207...... 24272 36 CFR 72...... 30015 335...... 24941, 25774 1253...... 22800 340...... 24941, 25774 25 CFR 11 CFR 294...... 25654 Proposed Rules: 542...... 23011 Proposed Rules: Proposed Rules: 734...... 30655 Proposed Rules: 100...... 23068 1195...... 30381 738...... 29660 61...... 28859 106...... 23072 742...... 29660 37 CFR 300...... 23072 26 CFR 772...... 30655 1...... 30360 12 CFR 801...... 23811 1 ...... 23790, 28211, 28702, 201...... 30366 960...... 29380 28818, 29447, 29450, 29596, 201...... 24303 270...... 24309 30334 230...... 29582 16 CFR 31...... 28211 37 CFR 748...... 22764 Proposed Rules: 301...... 28702, 29452 Proposed Rules: Proposed Rules: 316...... 25426 602 ...... 28702, 29450, 30334 258...... 28231 713...... 30017 Proposed Rules: 741...... 30017 17 CFR 1 ...... 24999, 28230, 28743, 38 CFR Ch. 18 ...... 29658 1...... 28190 29460, 29662, 29663, 29671, 3...... 23027 13 CFR 150...... 24705 29675, 29868, 30036, 30380 17...... 22595, 29626 31...... 28231 102...... 29936 450...... 29445 21...... 25785 301...... 24999, 28743 36...... 22596 134...... 29936 18 CFR 27 CFR Proposed Rules: 14 CFR 284...... 28204 5...... 24680 555...... 30626 25...... 24478, 29937 Proposed Rules: 35 ...... 23945, 28221, 28222 Proposed Rules: 39 CFR 39 ...... 23783, 23784, 23911, 9 ...... 25000, 28861, 28865, 37...... 28222 111...... 29958 23930, 24304, 24305, 24307, 28870, 28873 24480, 24481, 24699, 24701, 38...... 28222 254...... 28213 24703, 24936, 24937, 28181, 131...... 23945, 28221 28 CFR 154...... 23945, 28221 40 CFR 28184, 28186, 28187, 28188, 75...... 29607 157...... 23945, 28221 28415, 28417, 28419, 28420, 501...... 29189 35...... 29627 28791, 28793, 28795, 28797, 250...... 23945, 28221 549...... 29191, 29194 51...... 25162, 30592 28800, 28803, 28806, 29437, 281...... 23945, 28221 571...... 29195 52 ...... 22597, 22599, 22603, 29440, 29442, 29940, 30613, 284...... 23945, 28221 23029, 24310, 24959, 24970, 30615, 30617, 30621 300...... 23945, 28221 29 CFR 24979, 29487, 24991, 25688, 61...... 25761 341...... 23945, 28221 1952...... 24947 25719, 28215, 28429, 28826, 63...... 25761 344...... 23945, 28221 2200...... 22785, 25652 28988, 29202, 30367, 30370, 65...... 25761, 30624 346...... 23945, 28221 2204...... 22785 30373, 30376, 30377, 30378 71 ...... 22590, 23002, 23786, 347...... 23945, 28221 4022...... 25470 60...... 28436 23787, 23788, 23789, 23790, 348...... 23945, 28221 4044...... 25470 63 ...... 25666, 25676, 28360, 23934, 23935, 24677, 24939, 375...... 23945, 28221 Proposed Rules: 29400 24940, 28423, 29941, 29942, 385...... 23945, 28221 1910...... 22828 70...... 22599, 22603 29943, 29944, 30624 72...... 25162, 28606 73...... 29946 19 CFR 30 CFR 73...... 25162 93...... 29062 122...... 22782, 22783 913...... 28820 74...... 25162 97 ...... 22781, 23002, 25764 915...... 22792 75...... 28606 121...... 23935 917...... 22795 77...... 25162 20 CFR 129...... 23935 938...... 25472 78...... 25162 150...... 29066 404...... 28809 80...... 28606 201...... 25765 1001...... 28402 31 CFR 81...... 22801, 22803 203...... 25765 10...... 28824 93...... 24280 205...... 25765 21 CFR 285...... 22797 96...... 25162 215...... 25765 1...... 25461 356...... 29454 180 ...... 24709, 28436, 28443, 298...... 25765 520...... 30625 28447, 28452, 28455 380...... 25765 555...... 29447 32 CFR 262...... 29910 385...... 25765 1271...... 29949 701...... 25492 282...... 29628

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300...... 22606, 24314 412...... 23306, 30188 64...... 29979 545...... 28843 Proposed Rules: 413...... 23306 73 ...... 24322, 24727, 28461, 565...... 23938 51...... 25408 415...... 23306 28462, 28463, 29983, 29984, 571...... 25788 52 ...... 22623, 23075, 24347, 418...... 30840 29985 622...... 24468 24348, 24734, 25000, 25004, 419...... 23306 76...... 24727 Proposed Rules: 25008, 25516, 25794, 28233, 422...... 23306 90 ...... 24712, 28463, 29959 Subt. A...... 23953 28239, 28252, 28256, 28260, 424...... 29070 101...... 29985 171...... 29170 28264, 28267, 28495, 28878, 485...... 23306 Proposed Rules: 172...... 29170 29238, 29239, 29243, 29461, 64...... 24740, 30044 173...... 29170 29466, 30382, 30389, 30396, 43 CFR 73 ...... 24748, 24749, 24750, 175...... 29170 30405, 30406, 30407 1600...... 29207 28503, 30049, 30050 360...... 28990 63 ...... 25671, 25684, 28366, 76...... 24350, 29252 365...... 28990 29406, 30407 44 CFR 90...... 23080 366...... 28990 70...... 22623 368...... 28990 64...... 25787 48 CFR 81...... 29243 65...... 29633, 30643 383...... 24358 82...... 25726 67 ...... 29634, 29637, 29638, Ch. 2 ...... 29644 387...... 28990 96...... 25408 29639, 30645 207...... 23790, 29640 390...... 28990 141...... 25520 Proposed Rules: 208...... 29640 571 ...... 23081, 23953, 28878, 180...... 28497 67 ...... 29683, 29692, 29694, 211...... 23804 28888, 29470 271...... 25795 30658 212...... 23790 578...... 30051 300...... 22624 215...... 29643 216...... 29640, 29643 50 CFR 41 CFR 45 CFR 217...... 24323, 29640 17...... 29458, 29998 80...... 24314 301–2...... 28459 219...... 29644 229...... 25492 84...... 24314 301–10...... 28459 225...... 23790 635...... 28218 86...... 24314 301–11...... 28459 237...... 29640 648 ...... 22806, 23939, 29645 90...... 24314 301–13...... 28459 252...... 23790 660 ...... 22808, 23040, 23054, 91...... 24314 301–50...... 28459 1437...... 29208 23804, 24728, 25789, 28852, 301–70...... 28459 Proposed Rules: 1452...... 29208 29646 301–71...... 28459 1611...... 29695 1802...... 29456 679 ...... 23940, 24992, 28486, 304–3...... 28459 9903...... 29457 29458 46 CFR 304–5...... 28459 Proposed Rules: Proposed Rules: Proposed Rules: 310...... 24483, 28829 204...... 23826 15...... 29711 102–117...... 23078 Proposed Rules: 232...... 23827 17 ...... 22835, 23083, 24750, 102–118...... 23078 388...... 25010 246...... 29710 24870, 28895, 29253, 29471 20 ...... 22624, 22625, 23954 42 CFR 47 CFR 49 CFR 222...... 30660 50...... 28370 0...... 23032 Subtitle A ...... 30378 223...... 24359, 30660 93...... 28370 1...... 24712 192...... 28833 622 ...... 25012, 30666, 30673 412...... 24168 2 ...... 23032, 24712, 29959 195...... 28833 635...... 24494 413...... 30640 15...... 23032 224...... 30378 648...... 29265 416...... 23690 25...... 24712 386...... 28467 660...... 29713 Proposed Rules: 27...... 22610 541...... 28843 679...... 23829 405...... 23306 54...... 29960 543...... 28843 697...... 24495

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REMINDERS safety zones, security due by 5-31-05; published until further notice; The items in this list were zones, etc.: 3-31-05 [FR 05-06269] published 11-19-04 [FR editorially compiled as an aid Jones Beach Air Show, NY; AGRICULTURE 04-25693] to Federal Register users. published 5-26-05 DEPARTMENT ENERGY DEPARTMENT Inclusion or exclusion from St. Johns River, Palatka, Natural Resources Energy Efficiency and this list has no legal FL; published 5-24-05 Conservation Service Renewable Energy Office significance. MERIT SYSTEMS Reports and guidance Commercial and industrial PROTECTION BOARD documents; availability, etc.: equipment; energy efficiency RULES GOING INTO Practice and procedure: National Handbook of program: EFFECT MAY 27, 2005 Board organization and Conservation Practices; Test procedures and functions and statutory Open for comments until efficiency standards— further notice; published AGRICULTURE references and Commercial packaged 5-9-05 [FR 05-09150] DEPARTMENT clarification practices and boilers; Open for Organization, functions, and procedures; amendments; COMMERCE DEPARTMENT comments until further authority delegations: published 5-27-05 National Oceanic and notice; published 10-21- 04 [FR 04-17730] Revisions; published 5-27-05 PERSONNEL MANAGEMENT Atmospheric Administration ENERGY DEPARTMENT ENVIRONMENTAL OFFICE Fishery conservation and PROTECTION AGENCY Civil Service regulations: management: Federal Energy Regulatory Hazardous waste program Federal Long Term Care Alaska; fisheries of Commission authorizations: Insurance Program; Exclusive Economic Electric rate and corporate Zone— South Carolina; published 3- published 5-27-05 regulation filings: 28-05 TRANSPORTATION Scallop; comments due by Virginia Electric & Power 5-31-05; published 4-13- Superfund program: DEPARTMENT Co. et al.; Open for 05 [FR 05-07448] National oil and hazardous Federal Aviation comments until further substances contingency Administration West Coast States and notice; published 10-1-03 Western Pacific [FR 03-24818] plan— Airworthiness directives: fisheries— ENVIRONMENTAL National priorities list Bombardier; published 5-27- Pacific Coast groundfish; PROTECTION AGENCY update; published 4-27- 05 05 correction; comments Air pollutants, hazardous; due by 6-3-05; national emission standards: FEDERAL published 5-4-05 [FR RULES GOING INTO Ethylene manufacturing COMMUNICATIONS 05-08695] COMMISSION EFFECT MAY 29, 2005 process units; heat COURT SERVICES AND Radio services, special: exchange systems and HOMELAND SECURITY OFFENDER SUPERVISION waste operations; Private land mobile radio AGENCY FOR THE services— DEPARTMENT comments due by 5-31- DISTRICT OF COLUMBIA 05; published 4-13-05 [FR 764-776 MHz and 794- Coast Guard Semi-annual agenda; Open for 05-07404] 806 Mhz public safety Ports and waterways safety; comments until further bands; operational, regulated navigation areas, Air quality implementation notice; published 12-22-03 technical, and spectrum safety zones, security plans; approval and [FR 03-25121] requirements; published zones, etc.: promulgation; various 4-27-05 Tampa Bay, FL; published DEFENSE DEPARTMENT States: 764-776 MHz and 794- 5-27-05 Acquisition regulations: Iowa; comments due by 6- 806 Mhz public safety Pilot Mentor-Protege 1-05; published 5-2-05 [FR 05-08708] bands; operational, COMMENTS DUE NEXT Program; Open for technical, and spectrum comments until further Missouri; comments due by requirements; published WEEK notice; published 12-15-04 6-1-05; published 5-2-05 4-27-05 [FR 04-27351] [FR 05-08703] Narrowbanding; published AGRICULTURE Contractors’ safety standards New Mexico; comments due 4-27-05 DEPARTMENT for explosives and by 6-3-05; published 5-4- Narrowbanding; correction; Agricultural Marketing ammunition; revision; 05 [FR 05-08867] published 5-25-05 Service comments due by 5-31-05; Pennsylvania; comments Television broadcasting: Cotton classing, testing and published 3-29-05 [FR 05- due by 5-31-05; published Cable television systems— standards: 05429] 4-29-05 [FR 05-08609] Satellite Home Viewer Classification services to EDUCATION DEPARTMENT Virginia; comments due by Extension and growers; 2004 user fees; Grants and cooperative 5-31-05; published 4-29- Reauthorization Act; Open for comments until agreements; availability, etc.: 05 [FR 05-08605] implementation; further notice; published Vocational and adult Environmental statements; published 4-27-05 5-28-04 [FR 04-12138] education— availability, etc.: HEALTH AND HUMAN Nectarines and peaches Smaller Learning Coastal nonpoint pollution SERVICES DEPARTMENT grown in— Communities Program; control program— Food and Drug California; comments due by Open for comments Minnesota and Texas; Administration 5-31-05; published 3-31- until further notice; Open for comments Animal drugs, feeds, and 05 [FR 05-06418] published 2-25-05 [FR until further notice; related products: AGRICULTURE E5-00767] published 10-16-03 [FR Carprofen; published 5-27- DEPARTMENT ENERGY DEPARTMENT 03-26087] 05 Animal and Plant Health Meetings: Superfund program: HOMELAND SECURITY Inspection Service Environmental Management National oil and hazardous DEPARTMENT Plant-related quarantine, Site-Specific Advisory substances contingency Coast Guard foreign: Board— plan— Ports and waterways safety; Fruits and vegetables Oak Ridge Reservation, National priorities list regulated navigation areas, importation; list; comments TN; Open for comments update; comments due

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by 6-1-05; published 5- comments due by 6-3-05; Ports and waterways safety: by 5-31-05; published 2-05 [FR 05-08601] published 5-4-05 [FR 05- Willamette River, Portland, 9-30-04 [FR 04-21875] National priorities list 08863] OR; security zone; Nondiscrimination on basis of update; comments due Federal election activity; comments due by 5-31- disability: by 6-1-05; published 5- definition; comments due 05; published 5-9-05 [FR State and local government 2-05 [FR 05-08602] by 6-3-05; published 5-4- 05-09154] services and public accommodations and Water pollution control: 05 [FR 05-08864] HOUSING AND URBAN commercial facilities; Internet communications; DEVELOPMENT National Pollutant Discharge comments due by 5-31- Elimination System— comments due by 6-3-05; DEPARTMENT published 4-4-05 [FR 05- 05; published 1-19-05 [FR Concentrated animal Mortgage and loan insurance 06521] 05-01015] feeding operations in programs: NUCLEAR REGULATORY FEDERAL TRADE New Mexico and Single family mortgage COMMISSION COMMISSION Oklahoma; general insurance— Environmental statements; permit for discharges; Telemarketing sales rule: Adjustable rate availability, etc.: Open for comments National Do Not Call mortgages; eligibility; Fort Wayne State until further notice; Registry; access fees; comments due by 5-31- Developmental Center; published 12-7-04 [FR comments due by 6-1-05; 05; published 3-29-05 Open for comments until 04-26817] published 4-22-05 [FR 05- [FR 05-06061] further notice; published Water pollution; effluent 08044] INTERIOR DEPARTMENT 5-10-04 [FR 04-10516] guidelines for point source HEALTH AND HUMAN Indian Affairs Bureau PERSONNEL MANAGEMENT categories: SERVICES DEPARTMENT OFFICE Law and order on Indian Meat and poultry products Practice and procedure: Food and Drug reservations: processing facilities; Open Administration Solicitation of Federal for comments until further Winnemucca Reservation Color additives: civilian and uniformed notice; published 9-8-04 and Colony, NV; Courts service personnel for [FR 04-12017] Certification services fee of Indian Offenses; contributions to private increase; comments due comments due by 5-31- FEDERAL voluntary organizations- by 5-31-05; published 3- 05; published 3-29-05 [FR COMMUNICATIONS Combined Federal 29-05 [FR 05-06155] 05-06113] COMMISSION Campaign; comments Food for human consumption: Committees; establishment, INTERIOR DEPARTMENT due by 5-31-05; renewal, termination, etc.: Food labeling— Fish and Wildlife Service published 3-29-05 [FR 05-06023] Technological Advisory Raw fruits, vegetables, Endangered and threatened Council; Open for and fish; voluntary species permit applications SECURITIES AND nutrition labeling; 20 EXCHANGE COMMISSION comments until further Recovery plans— most frequently Rules of practice and related notice; published 3-18-05 Paiute cutthroat trout; [FR 05-05403] consumed raw fruits, provisions; amendments; vegetables, and fish Open for comments comments due by 5-31-05; Common carrier services: identification; comments until further notice; published 4-28-05 [FR 05- Interconnection— due by 6-3-05; published 9-10-04 [FR 08484] 04-20517] Incumbent local exchange published 4-4-05 [FR SMALL BUSINESS carriers unbounding 05-06475] Endangered and threatened ADMINISTRATION obligations; local Uniform compliance date; species: Disaster loan areas: competition provisions; comments due by 5-31- Critical habitat Maine; Open for comments wireline services 05; published 3-14-05 designations— until further notice; offering advanced [FR 05-04956] Bull trout; Jarbidge River, published 2-17-04 [FR 04- telecommunications Reports and guidance Coastal-Puget Sound, 03374] capability; Open for documents; availability, etc.: and Saint Mary-Belly SOCIAL SECURITY comments until further River populations; ADMINISTRATION notice; published 12-29- Evaluating safety of comments due by 6-2- Supplemental standards of 04 [FR 04-28531] antimicrobial new animal drugs with regard to their 05; published 5-3-05 conduct for agency Radio stations; table of microbiological effects on [FR 05-08837] employees; comments due assignments: bacteria of human health Roswell springsnail, etc.; by 6-3-05; published 5-4-05 Oklahoma; comments due concern; Open for comments due by 6-3- [FR 05-08848] by 5-31-05; published 4- comments until further 05; published 5-4-05 OFFICE OF UNITED STATES 27-05 [FR 05-08212] notice; published 10-27-03 [FR 05-08836] TRADE REPRESENTATIVE Various States; comments [FR 03-27113] Southwestern willow Trade Representative, Office due by 5-31-05; published Medical devices— flycatcher; comments of United States 4-27-05 [FR 05-08207] Dental noble metal alloys due by 5-31-05; Generalized System of FEDERAL DEPOSIT and base metal alloys; published 3-31-05 [FR Preferences: INSURANCE CORPORATION Class II special 05-06413] 2003 Annual Product Review, 2002 Annual Nonmember insured banks; controls; Open for Southwestern willow Country Practices Review, securities disclosure; comments until further flycatcher; comments and previously deferred comments due by 5-31-05; notice; published 8-23- due by 5-31-05; product decisions; published 3-31-05 [FR 05- 04 [FR 04-19179] published 4-28-05 [FR petitions disposition; Open 06175] 05-08488] HOMELAND SECURITY for comments until further FEDERAL ELECTION DEPARTMENT JUSTICE DEPARTMENT notice; published 7-6-04 COMMISSION Coast Guard Americans with Disabilities [FR 04-15361] Bipartisan Campaign Reform Anchorage regulations: Act, implementation: TRANSPORTATION Act; implementation: Maryland; Open for Accessibility guidelines— DEPARTMENT Certain salaries and wages; comments until further ADA standards revisions; Federal Aviation State, district and local notice; published 1-14-04 adoption; comment Administration party committee payment; [FR 04-00749] request; comments due Airworthiness directives:

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BAE Systems (Operations) TREASURY DEPARTMENT Ramona Valley, San Diego H.R. 1268/P.L. 109–13 Ltd.; comments due by 6- Internal Revenue Service County, CA; comments 1-05; published 5-2-05 Income taxes: due by 5-31-05; published Emergency Supplemental [FR 05-08656] 401(k) plans; designated 3-31-05 [FR 05-06352] Appropriations Act for Boeing; comments due by Roth contributions to cash Defense, the Global War on Terror, and Tsunami Relief, 5-31-05; published 4-13- or deferred arrangements; LIST OF PUBLIC LAWS 05 [FR 05-07380] comments due by 5-31- 2005 (May 11, 2005; 119 Cessna; comments due by 05; published 3-2-05 [FR This is a continuing list of Stat. 231) 6-2-05; published 4-18-05 05-04020] public bills from the current Last List May 9, 2005 [FR 05-07674] Qualified amended returns; session of Congress which General Electric Co.; temporary regulations; have become Federal laws. It comments due by 5-31- cross-reference; may be used in conjunction 05; published 3-31-05 [FR comments due by 5-31- with ‘‘PLUS’’ (Public Laws 05-06247] 05; published 3-2-05 [FR Update Service) on 202–741– Public Laws Electronic Learjet; comments due by 6043. This list is also 05-03945] Notification Service 5-31-05; published 4-14- Procedure and administration: available online at http:// 05 [FR 05-07484] www.archives.gov/ (PENS) Collection after assessment; Raytheon; comments due by federal—register/public—laws/ comments due by 6-2-05; 6-2-05; published 4-18-05 public—laws.html. published 3-4-05 [FR 05- [FR 05-07673] The text of laws is not 04280] PENS is a free electronic mail Rolls-Royce Corp.; published in the Federal TREASURY DEPARTMENT notification service of newly comments due by 5-31- Register but may be ordered Alcohol and Tobacco Tax enacted public laws. To 05; published 3-29-05 [FR in ‘‘slip law’’ (individual and Trade Bureau subscribe, go to http:// 05-06108] pamphlet) form from the listserv.gsa.gov/archives/ Class E airspace; comments Alcohol; viticultural area Superintendent of Documents, publaws-l.html due by 6-2-05; published 4- designations: U.S. Government Printing 18-05 [FR 05-07620] Calistoga, Napa County, Office, Washington, DC 20402 Commercial space CA; comments due by 5- (phone, 202–512–1808). The Note: This service is strictly transportation: 31-05; published 3-31-05 text will also be made for E-mail notification of new Licensing and safety [FR 05-06350] available on the Internet from laws. The text of laws is not requirements for launch; Dos Rios, Mendocino GPO Access at http:// available through this service. comments due by 6-1-05; County, CA; comments www.gpoaccess.gov/plaws/ PENS cannot respond to published 4-14-05 [FR 05- due by 5-31-05; published index.html. Some laws may specific inquiries sent to this 07521] 3-31-05 [FR 05-06351] not yet be available. address.

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