Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 59763

SURVEY AREAS—Continued

COLA and reference areas Survey areas and geographic coverage 

Washington, DC–MD ................................................................................ Montgomery County and Prince Georges County.1

Washington, DC–VA ................................................................................. Arlington County, Fairfax County, Prince William County, City of Alexandria, City of Fairfax, City of Falls Church, City of Manassas, and 

City of Manassas Park.1

1For selected items, such as golf, snow skiing, and air travel, these survey areas may include additional geographic locations beyond these jurisdictions. 2OPM may collect housing data in other areas in Puerto Rico that have a significant concentration of Federal employees stationed in those 

areas. 3OPM collects housing data in St. John. OPM also may collect non-housing data from selected outlets in St. John. 

* * * * *

■ 5. In § 591.216, revise paragraph (b) to 

read as follows:

§ 591.216 How does OPM combine survey 

data for the DC area and for COLA areas 

with multiple survey areas?

* * * * *

(b) COLA areas with multiple survey 

areas. OPM computes weighted average 

indexes at the item, PEG, MEG, and/or 

overall level by using the corresponding 

indexes and Federal employment 

weights from each survey area within 

the COLA area.

■ 6. In § 591.219, revise paragraph (b) to 

read as follows:

§ 591.219 How does OPM compute shelter 

price indexes?

* * * * *

(b) OPM then uses these 

characteristics and rental prices and/or 

estimates in hedonic regressions (a type 

of multiple regression) to compute for 

each COLA survey area the price index 

for rental and/or rental equivalent units 

of comparable quality and size between 

the COLA survey area and the 

Washington, DC, area.

■ 7. In § 591.222, revise paragraph (c) to 

read as follows:

§ 591.222 How does OPM use the 

expenditure weights to combine price 

indexes?

* * * * *

(c) Step 3. OPM repeats the process 

described in Step 2 at each level of 

aggregation within the PEG to produce 

a price index for the PEG, at the PEG 

level to produce an index for the MEG, 

and at the MEG level to produce the 

overall price index for the COLA area.

■ 8. In § 591.224, revise paragraph (b) 

and add paragraph (c) to read as follows:

§ 591.224 How does OPM adjust price 

indexes between surveys?

* * * * *

(b) Paragraph (a) of this section 

applies beginning with the effective date 

of the results of the 2005 survey 

conducted in Puerto Rico and the U.S. 

Virgin Islands. 

(c) Based on additional housing data 

that may be collected before the 2005 

survey conducted in Puerto Rico and 

the U.S. Virgin Islands, OPM will adjust 

as warranted the price indexes and 

COLA rates for Puerto Rico, the U.S. 

Virgin Islands, and the COLA areas in 

the State of Alaska. OPM will 

implement any such adjustments on a 

one-time basis on the effective date of 

the results of the 2004 surveys 

conducted in Hawaii and Guam/CNMI, 

and subject to § 591.228. OPM will 

publish such adjustments as provided in 

§ 591.229.

[FR Doc. 04–22531 Filed 10–5–04; 8:45 am] 

BILLING CODE 6325–39–P

DEPARTMENT OF AGRICULTURE

Office of the Secretary 

7 CFR Part 6 

Dairy Tariff-Rate Import Quota 

Licensing; Final Rule

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule; technical corrections.

SUMMARY: This document amends the 

Dairy Tariff-Rate Import Quota 

Licensing regulation to provide for 

applications to be submitted using the 

internet, while continuing to permit 

applicants to use the existing certified 

mail provision for applications. The 

requirement that applications be 

notarized is eliminated. Additionally, 

an incorrect section reference is 

corrected.

DATES: Effective on September 1, 2004.

FOR FURTHER INFORMATION CONTACT:

Bettyann Gonzales, Dairy Import 

Specialist, Import Policies and Programs 

Division, Foreign Agricultural Service, 

1400 Independence Avenue, SW, STOP 

1021, by e-mail at: 

gonzalesb@fas.usda.gov, telephone 202–

720–1344, or fax at 202–720–6556.

SUPPLEMENTARY INFORMATION: The Dairy 

Tariff-Rate Import Quota Licensing 

program regulation which is codified at 

7 CFR part 6, implements the licensing 

system for certain dairy products which 

are eligible for in-quota tariff rates 

proclaimed in the Harmonized Tariff 

Schedule of the United States. 

Currently, § 6.36(b) requires all 

submissions to be made by registered or 

certified mail, return receipt requested, 

with a postmarked receipt. The Dairy 

Import Licensing Authority will soon be 

implementing a software program to 

permit applications for dairy import 

licenses to be submitted electronically 

over the internet. Therefore, the 

regulation is amended in various 

sections to permit applications to be 

submitted over the Internet, or by mail. 

A final rule published on January 10, 

2000, (65 FR 1297–1298) redesignated 

§ 6.35 as § 6.36 and inserted a new 

§ 6.35, but did not change references to 

the original § 6.35 throughout the 

regulation. This rules corrects the 

references.

List of Subjects in 7 CFR Part 6 

Agricultural commodities, Cheese, 

Dairy Products, Imports, Reporting and 

record keeping requirements.

■ Accordingly, 7 CFR part 6 is amended 

as follows:

PART 6—IMPORT QUOTAS AND FEES

Subpart—Dairy Tariff-Rate Import 

Quota Licensing

■ 1. The authority citation for Part 6, 

Subpart—Dairy Tariff-Rate Import Quota 

Licensing continues to read as follows:

Authority: Additional U.S. Notes 6, 7, 8, 

12, 14, 16–23 and 25 to Chapter 4 and 

General Note 15 of the Harmonized Tariff 

Schedule of the United States (19 U.S.C. 

1202), Pub. L. 97–258, 96 Stat. 1051, as 

amended (31 U.S.C. 9701), and secs. 103 and 

404, Pub. L. 103–465, 108 Stat. 4819 (19 

U.S.C. 3513 and 3601).

■ 2. Amend § 6.24 by revising 

paragraphs (a) and (b)(1), and the 

introductory text of paragraph (c) to read 

as follows:

§ 6.24 Application for a license. 

(a) Application for license shall be 

made on either paper or electronic

59764 Federal Register / Vol. 69, No. 193 / Wednesday, October 6, 2004 / Rules and Regulations 

forms, provided or designated by the 

Licensing Authority, and shall be 

submitted in accordance with § 6.36(b). 

All parts of the application shall be 

completed. The application, if mailed, 

shall be postmarked no earlier than 

September 1 and no later than midnight 

October 15 of the year preceding that for 

which license application is made. The 

application, if submitted electronically, 

shall be transmitted no earlier than 

September 1 and no later than midnight 

October 15 of the year preceding that for 

which license application is made. The 

Licensing Authority will not accept 

incomplete applications or 

unpostmarked mailed applications.

(b)(1) Where the applicant seeks to 

establish eligibility on the basis of 

imports, applications shall include 

identification of entries (if submitted 

electronically) or Customs Form 7501 (if 

submitted by mail), sufficient to 

establish the applicant as the importer 

of record of entries required under 

§ 6.23, during the 12-month period 

ending August 31 prior to the quota year 

for which license is being sought.

* * * * *

(c) However, if the applicant is 

applying on the basis of more than eight 

shipments, the application, if mailed, 

shall include:

* * * * *

■ 3. Amend § 6.26 by revising paragraph 

(a) and the introductory text of paragraph 

(c) to read as follows:

§ 6.26 Surrender and reallocation. 

(a) If a licensee determines that it will 

not enter the entire amount of an article 

permitted under its license, such 

licensee shall surrender its license right 

to enter the amount that it does not 

intend to enter. Surrender shall be made 

to the Licensing Authority in writing by 

mail or electronic submission, 

postmarked or electronically submitted, 

in accordance with § 6.36(b), no later 

than October 1. Any surrender shall be 

final and shall be only for that quota 

year, except as provided in § 6.25(b). 

The amount of the license not 

surrendered shall be subject to the 

license use requirements of § 6.23(c)(1).

* * * * *

(c) Any person who has been issued 

a license for a quota year may apply to 

receive additional license, or addition to 

an existing license for a portion of the 

amount being reallocated. The 

application shall be submitted to the 

Licensing Authority by mail or 

electronic submission, in accordance 

with § 6.36(b), no earlier than 

September 1 and not later than 

September 15, and shall specify:

* * * * *

■ 4. Amend § 6.28 by revising paragraph 

(b) to read as follows:

§ 6.28 Transfer of license.

* * * * *

(b) The parties seeking transfer of 

license shall give written notice to the 

Licensing Authority of the intended sale 

or conveyance described in paragraph 

(a) of this section by mail as required in 

§ 6.36(b). The notice must be received 

by the Licensing Authority at least 20 

working days prior to the intended 

consummation of the sale or 

conveyance. Such written notice shall 

include copies of the documents of sale 

or conveyance. The Licensing Authority 

will review the documents for 

compliance with the requirements of 

paragraph (a) of this section and advise 

the parties in writing of its findings by 

the end of the 20-day period. The 

parties shall have the burden of 

demonstrating to the satisfaction of the 

Licensing Authority that the 

contemplated sale or conveyance 

complies with the requirements of 

paragraph (a) of this section. Within 15 

days of the consummation of the sale or 

conveyance, the parties shall mail 

copies of the final documents to the 

Licensing Authority, in accordance with 

§ 6.36(b). The Licensing Authority will 

not transfer the licenses unless the 

documents are submitted in accordance 

with this paragraph.

* * * * *

■ 5. Amend § 6.33 by revising 

paragraphs (b), (c), and (d) to read as 

follows:

§ 6.33 License fee.

* * * * *

(b) The license fee for each license 

issued is due and payable in full by mail 

or electronic submission, postmarked or 

electronically submitted in accordance 

with § 6.36(b), no later than May 1 of the 

year for which the license is issued. The 

fee for any license issued after May 1 of 

any quota year is due and payable in 

full by mail or electronic submission, 

postmarked or electronically submitted 

in accordance with § 6.36(b), no later 

than 30 days from the date of issuance 

of the license. Fee payments, if made by 

mail, shall be made by certified check 

or money order payable to the Treasurer 

of the United States. Fee payments, if 

made electronically, shall be made 

utilizing the electronic software 

designated for the purpose by the 

Licensing Authority. 

(c) If the license fee is not paid by the 

final payment date, a hold will be 

placed on the use of the license and no 

articles will be permitted entry under 

that license. The Licensing Authority 

shall send a warning letter by certified 

mail, return receipt requested, advising 

the licensee that if payment is not 

mailed in accordance with § 6.36(b) or 

received within 21 days from the date 

of the letter, that the license will be 

revoked. Where the license at issue is a 

historical license, this will result, 

pursuant to § 6.23(b), in the person’s 

loss of historical eligibility for such 

license. 

(d) Licensees may elect not to accept 

certain licenses issued to them; 

however, the Licensing Authority must 

be so notified by mail or electronic email, postmarked or electronically 

submitted in accordance with § 6.36(b) 

no later than May 1 of the year for 

which the license is issued.

■ 6. Amend § 6.36 by revising paragraph 

(b) to read as follows:

§ 6.36 Miscellaneous.

* * * * *

(b) All submissions required under 

this subpart shall be made either by 

registered or certified mail, return 

receipt requested, with a postmarked 

receipt, with proper postage affixed and 

properly addressed to the Dairy Import 

Licensing Group, STOP 1021, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW., Washington 

DC 20250–1021, or by electronic 

submission utilizing the electronic 

software designated for this purpose by 

the Licensing Authority.

Signed at Washington, DC, on September 

24, 2004. 

A. Ellen Terpstra, 

Administrator, Foreign Agricultural Service.

[FR Doc. 04–22444 Filed 10–5–04; 8:45 am] 

BILLING CODE 3410–10–P

DEPARTMENT OF AGRICULTURE

Rural Utilities Service 

7 CFR Part 1776 

RIN 0572–AB93 

Household Water Well System Grant 

Program

AGENCY: Rural Utilities Service, USDA.

ACTION: Direct final rule.

SUMMARY: The Rural Utilities Service 

(RUS), an agency delivering the United 

States Department of Agriculture’s Rural 

Development Utilities Programs, is 

issuing regulations in order to establish 

the Household Water System Program as 

authorized by section 306E of the 

Consolidated Farm and Rural 

Development Act (CONACT). This 

direct final rule will establish a lending 

program for the construction, 

refurbishing, and servicing of