58008 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Notices 

10 15 U.S.C. 78f(b)(4).

11 15 U.S.C. 78s(b)(2).

12 15 U.S.C. 78s(b)(3)(C).

13 15 U.S.C. 78s(b)(1).

14 15 U.S.C. 78s(b)(2).

15 17 CFR 200.30–3(a)(58).

Specifically, the proposed rule changes 

appear to raise serious questions as to 

whether they provide for the equitable 

allocation of reasonable dues, fees, and 

other charges among the Phlx’s 

members and issuers and other persons 

using its facilities.10

Accordingly, the Commission believes 

that the procedures provided by Section 

19(b)(2) of the Act 11 will provide a more 

appropriate mechanism for determining 

whether the proposed rule changes are 

consistent with the Act. Therefore, the 

Commission finds that it is appropriate 

in the public interest, for the protection 

of investors, and otherwise in 

furtherance of the purposes of the Act, 

to abrogate the proposed rule changes.

It is therefore ordered, pursuant to 

Section 19(b)(3)(C) of the Act,12 that File 

Nos. SR–Phlx–2004–50 and SR–Phlx–

2004–56 be, and they hereby are, 

summarily abrogated. If the Phlx 

chooses to re-file the proposed rule 

changes, it must do so pursuant to 

Sections 19(b)(1)13 and 19(b)(2) of the 

Act.14

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.15

Margaret H. McFarland, 

Deputy Secretary.

[FR Doc. E4–2398 Filed 9–27–04; 8:45 am] 

BILLING CODE 8010–01–P

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Request for Comments on Additional 

Items for Potential Withdrawal of Tariff 

Concessions and Increase in Applied 

Duties in Response to European Union 

(EU) Enlargement and EU Changes to 

its Rice Import Regime

AGENCY: Office of the United States 

Trade Representative.

ACTION: Request for comments.

SUMMARY: The Office of the U.S. Trade 

Representative seeks comments 

concerning the addition of several types 

of cheese, peaches, mandarins and 

clementines, to a list of goods for which 

tariff concessions may be withdrawn 

and duties may be increased in the 

event the United States cannot reach 

agreement with the European Union 

(EU) for adequate compensation owed 

under World Trade Organization (WTO) 

rules as a result of EU enlargement and 

EU changes to its rice import regime.

DATES: Persons wishing to provide 

written public comments are required to 

do so no later than noon on Wednesday, 

September 29, 2004.

ADDRESSES: Submissions by electronic 

mail to FR0443@ustr.eop.gov. 

Submissions by facsimile to: Anita 

Thomas at fax: (202) 395–3974. The 

public is strongly encouraged to submit 

documents electronically rather than by 

facsimile. (See requirements for 

submissions below).

FOR FURTHER INFORMATION CONTACT: For 

questions contact Lisa Errion, Office of 

Europe and the Mediterranean, at (202) 

395–3320.

SUPPLEMENTARY INFORMATION: By 

Federal Register Vol. 69, No. 175/

Friday, September 10, 2004, p. 54827–

54849, ‘‘Request for Comments and 

Notice of Public Hearing on Potential 

Withdrawal of Tariff Concessions and 

Increase in Applied Duties in Response 

to European Union (EU) Enlargement 

and EU Changes to Its Rice Regime,’’ the 

Office of the U.S. Trade Representative 

sought comments concerning the list of 

goods for which tariff concessions might 

be withdrawn and duties might be 

increased in the event the United States 

could not reach agreement with the 

European Union (EU) for adequate 

compensation owed under World Trade 

Organization (WTO) rules as a result of 

EU enlargement and EU changes to its 

rice import regime. The United States 

has received public comment regarding 

the addition of several types of cheese, 

peaches, mandarins and clementines to 

this list. Public written testimony 

requesting the addition of several types 

of cheese and of peaches is available in 

the USTR Reading Room, by 

appointment only, from 10 a.m. to 12 

noon and 1 p.m. to 4 p.m., Monday 

through Friday. An appointment to 

review the file may be made by calling 

(202) 395–6186. It is also available on 

USTR’s Web site at: www.ustr.gov/

World_Regions/Europe_Mediterranean/

European_Union/Section_Index.html.

Public Comment 

Written comments of interested 

persons should be limited to the 

following issues: (1) The 

appropriateness of withdrawing WTO 

tariff concessions upon the products 

listed in the Annex to this notice; (2) the 

appropriateness of imposing increased 

duties upon the products listed in the 

Annex to this notice; (3) the levels at 

which U.S. customs duties should be set 

for particular items; and (4) the degree 

to which increased duties might have an 

adverse effect upon U.S. consumers of 

the products listed in the Annex. 

Requirements for Submissions 

In order to facilitate prompt 

processing of submissions, the TPSC 

strongly urges and prefers electronic (email) submissions in response to this 

notice. In the event that an e-mail 

submission is impossible, submissions 

should be made by facsimile. 

Persons making submissions by email should use the following subject 

line: ‘‘EU Enlargement/EU Rice Import 

Regime’’ followed by ‘‘Written 

Comments.’’ Documents should be 

submitted as either Adobe PDF, 

WordPerfect, MSWord, or text (.TXT) 

files. Supporting documentation 

submitted as spreadsheets are 

acceptable as Quattro Pro or Excel. For 

any document containing business 

confidential information submitted 

electronically, the file name of the 

business confidential version should 

begin with the characters ‘‘BC-’’, and the 

file name of the public version should 

begin with the character ‘‘P-’’. The

‘‘P-’’ or ‘‘BC-’’ should be followed by the 

name of the submitter. Persons who 

make submissions by e-mail should not 

provide separate cover letters; 

information that might appear in a cover 

letter should be included in the 

submission itself. Similarly, to the 

extent possible, any attachments to the 

submission should be included in the 

same file as the submission itself, and 

not as separate files. 

Written comments, notices of 

testimony, and testimony will be placed 

in a file open to public inspection 

pursuant to 15 CFR 2003.5, except 

confidential business information 

exempt from public inspection in 

accordance with 15 CFR 2003.6. 

Confidential business information 

submitted in accordance with 15 CFR 

2003.6 must be clearly marked 

‘‘BUSINESS CONFIDENTIAL’’ at the top 

of each page, including any cover letter 

or cover page, and must be accompanied 

by a non-confidential summary of the 

confidential information. All public 

documents and non-confidential 

summaries shall be available for public 

inspection in the USTR Reading Room. 

The USTR Reading Room is open to the 

public, by appointment only, from 10 

a.m. to 12 noon and 1 p.m. to 4 p.m., 

Monday through Friday. An 

appointment to review the file may be 

made by calling (202) 395–6186. 

General information concerning USTR 

may be obtained by accessing its 

Internet Web site (www.ustr.gov). 

Annex: Proposed Additional Items

Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Notices 58009

HTS# Description 

In 

quota/

out of 

quota 

MFN rate 

2004 

MFN 

unit 

2004 

Proposed new tariff rate unit 

04062085 ....................... Cheese (including mixtures), nesoi, n/o 0.5% by 

wt. of butterfat, grated or powdered, subject to 

add. U.S. note 23 to Ch. 4.

IQ ........ 10% ...... 55%

04062089 ....................... Cheese (including mixtures), nesoi, o/0.5% by 

wt. of butterfat, w/cow’s milk, grated or powdered, subject to add. U.S. note 16 to Ch. 4.

IQ ........ 10% ...... 55% 

04063085 ....................... Processed cheese (incl. mixtures), nesoi, n/o 

0.5% by wt. butterfat, not grated or powdered, 

subject to Ch. 4 U.S. note 23, not GN15.

IQ ........ 10% ...... 55% 

04064048 ....................... Stilton cheese, nesoi, not in original loaves, subject to add. U.S. note 24 to Ch. 4.IQ ........ 17% ...... 55% 

04069016 ....................... Edam and gouda cheese, nesoi, subject to add. 

U.S. note 20 to Ch. 4.

IQ ........ 15% ...... 55% 

04069042 ....................... Romano, Reggiano, Parmesan, Provolone, and 

Provoletti cheese, nesoi, from cow’s milk, not 

subj. to GN 15 or Ch. 4 U.S. note 21.

OQ ...... 2.146 $/kg ... 3.7875 $/kg 

04069093 ....................... Cheeses & subst. for cheese (incl. mixt.), nesoi, 

w/butterfat n/o 0.5% by wt., subject to add. 

U.S. note 23 to Ch. 4, not GN15.

........ 10% ...... 55% 

04069099 ....................... Cheeses & subst. for cheese (incl. mixt.), nesoi, 

w/o cow’s milk, w/butterfat o/0.5% by wt., not 

GN15.

........ 8.5% ...... 55% 

08052000 ....................... Mandarins (including tangerines and satsumas); 

clementines, wilkings and similar citrus hybrids, fresh or dried.

........ 1.9 cents/

kg.

3.3 cents/kg 

20087020 ....................... Peaches (excluding nectarines), otherwise prepared or preserved, not elsewhere specified or 

included.

........ 17% ...... 55% 

Carmen Suro-Bredie, 

Chairman, Trade Policy Staff Committee.

[FR Doc. 04–21762 Filed 9–27–04; 8:45 am] 

BILLING CODE 3190–W4–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

RTCA Special Committee 159: Global 

Positioning Systems (GPS)

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of RTCA Special 

Committee 159 meeting. 

SUMMARY: The FAA is issuing this notice 

to advise the public of a meeting of 

RTCA Special Committee 159: Global 

Positioning System.

DATES: The meeting will be held on 

October 4–8, 2004, from 9 a.m. to 4:30 

p.m. (unless stated otherwise).

ADDRESSES: The meeting will be held at 

RTCA, Inc., 1828 L Street, NW., Suite 

805, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT:

RTCA Secretariat, 1828 L Street, NW., 

Suite 805, Washington, DC 20036; 

telephone (202) 833–9339; fax (202) 

833–9434; Web site http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant 

to section 10(a)(2) of the Federal 

Advisory Committee Act (Pub. L. 92–

463, 5 U.S.C., Appendix 2), notice is 

hereby given for a Special Committee 

159 meeting. Note: Specific working 

group sessions will be held October 4–

7. The plenary agenda will include: 

• October 8:

—Opening Plenary Session (Welcome 

and Introductory Remarks, Approve 

Minutes of Previous Meeting) 

—Review Working Group Progress and 

Identify Issues for Resolution 

—Global Positioning System (GPS)/3rd 

Civil Frequency (WG–1) 

—GPS/Wide Area Augmentation System 

(WAAS) (WG–2) 

—GPS/GLONASS (WG–2A) 

—GPS/Inertial (WG–2C) 

—GPS/Precision Landing Guidance 

(WG–4) 

—GPS/Airport Surface Surveillance 

(WG–5) 

—GPS/Interference (WG–6) 

—GPS/GRAS (WG–8) 

—Review of EUROCAE activities 

—Review/Approval, Revised DO–245—

Minimum aviation System 

Performance Standards for Local Area 

Augmentation System (LAAS), RTCA 

Paper No. 141–04/SC159–919. 

—Closing Plenary Session (Assignment/

Review of Future Work, Other 

Business, Data and Place of Next 

Meeting)

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time.

Issued in Washington, DC, on September 

14, 2004. 

Robert Zoldos, 

FAA System Engineer, RTCA Advisory 

Committee.

[FR Doc. 04–21740 Filed 9–27–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

Notice of Intent to Rule on Application 

to Use the Revenue from a Passenger 

Facility Charge (PFC) at San Antonio 

International Airport, San Antonio, 

Texas

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Notice of Intent to Rule on 

application. 

SUMMARY: The FAA proposes to rule and 

invites public comment on the 

application to use the revenue from a 

PFC at San Antonio International 

Airport under the provisions of the