Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Notices 62047

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (703) 305–

5689; e-mail address: 

lowe.maryfrances@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

The Agency included in the August 

25, 2004 Federal Register notice a list 

of those who may be potentially affected 

by this action. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Copies of this 

Document and Other Related 

Information?

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2004–

0205. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Public 

Information and Records Integrity 

Branch (PIRIB), Rm. 119, Crystal Mall 

#2, 1801 S. Bell St., Arlington, VA. This 

docket facility is open from 8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays. The docket 

telephone number is (703) 305–5805.

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/.

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Once in the system, select ‘‘search,’’

then key in the appropriate docket ID 

number.

C. How and to Whom Do I Submit 

Comments?

To submit comments, or access the 

official public docket, please follow the 

detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION of the August 25, 2004 

Federal Register document. If you have 

questions, consult the person listed 

under FOR FURTHER INFORMATION

CONTACT.

II. What Action is EPA Taking?

This document extends the public 

comment period established in the 

Federal Register of August 25, 2004 (69 

FR 52262) (FRL–7367–3). In that 

document, EPA issued for comment a 

White Paper entitled, The Globally 

Harmonized System of Classification 

and Labeling of Chemicals: 

Implementation Planning Issues for the 

Office of Pesticide Programs. EPA is 

hereby extending the comment period, 

which was set to end on October 25, 

2004, to December 6, 2004.

III. What is the Agency’s Authority for 

Taking this Action?

The Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA), 7 U.S.C. 

136–136y, provides this authority.

List of Subjects

Environmental protection, Labeling, 

Occupational safety and health, 

Pesticides and pests, Reporting and 

recordkeeping requirements.

Dated: October 19, 2004.

James Jones, 

Director, Office of Pesticide Programs.

[FR Doc. 04–23836 Filed 10–20–04; 2:16 pm]

BILLING CODE 6560–50–S

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Sunshine Act Meeting

ACTION: Notice of a partially open 

meeting of the Board of Directors of the 

Export-Import Bank of the United 

States.

TIME AND PLACE: Tuesday, October 26, 

2004 at 9:30 a.m. The meeting will be 

held at Ex-Im Bank in Room 1143, 811 

Vermont Avenue, NW., Washington, DC 

20571.

OPEN AGENDA ITEM: Shipping Finance 

Program.

PUBLIC PARTICIPATION: The meeting will 

be open to public participation for Item 

No. 1 only.

FURTHER INFORMATION: For further 

information, contact: Office of the 

Secretary, 811 Vermont Avenue, NW., 

Washington, DC 20571 (Tele. No. 202–

565–3957).

Peter B. Saba, 

General Counsel.

[FR Doc. 04–23830 Filed 10–20–04; 12:28 

pm] 

BILLING CODE 6690–01–M

FARM CREDIT ADMINISTRATION

Farm Credit Administration Board; 

Regular Meeting

AGENCY: Farm Credit Administration.

SUMMARY: Notice is hereby given, 

pursuant to the Government in the 

Sunshine Act (5 U.S.C. 552b(e)(3)), that 

the November 10, 2004 regular meeting 

of the Farm Credit Administration 

Board (Board) has been rescheduled. 

The regular meeting of the Board will be 

held November 18, 2004 starting at 9 

a.m. An agenda for this meeting will be 

published at a later date.

FOR FURTHER INFORMATION CONTACT:

Jeanette C. Brinkley, Secretary to the 

Farm Credit Administration Board, 

(703) 883–4009, TTY (703) 883–4056.

ADDRESSES: Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, Virginia 22102–5090.

Dated: October 20, 2004. 

Jeanette C. Brinkley, 

Secretary, Farm Credit Administration Board.

[FR Doc. 04–23852 Filed 10–20–04; 2:11 pm] 

BILLING CODE 6705–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 04–3209] 

Notice of Suspension and of Proposed 

Debarment Proceedings; Schools and 

Libraries Universal Service Support 

Mechanism

AGENCY: Federal Communications 

Commission.

ACTION: Notice.

SUMMARY: The Enforcement Bureau 

(‘‘Bureau’’) gives notice of Mr. John 

Dotson’s suspension from the schools 

and libraries universal service support 

mechanism. In addition, the Bureau 

gives notice that debarment proceedings 

are commencing against him. Mr. 

Dotson, or any person who has an 

existing contract with or intends to 

contract with him to provide or receive 

services in matters arising out of 

activities associated with or related to 

the schools and libraries support, may 

respond by filing an opposition request, 

supported by documentation.

62048 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Notices 

1Any further reference in this letter to ‘‘your 

conviction’’ refers to your conviction on or about 

May 17, 2004 of this count based on your 

participation in a fraudulent scheme to obtain 

schools and libraries E-Rate program funds. See 

United States v. Dotson, Docket No. 

1:03cr01113BSJ, Indictment (S.D.N.Y. filed 

September 17, 2003) (‘‘Dotson Indictment’’); United 

States v. Dotson, Docket No. 1:03cr01113BSJ, 

Judgment (S.D.N.Y. May 17, 2004) (‘‘Dotson

Judgment’’).

2 47 C.F.R. § 54.521; 47 C.F.R. § 0.111(a)(14) 

(delegating to the Enforcement Bureau authority to 

resolve universal service suspension and debarment 

proceedings pursuant to 47 C.F.R. § 54.521).

3 47 C.F.R. § 54.521(a)(4). See Schools and 

Libraries Universal Service Support Mechanism, 

Second Report and Order and Further Notice of 

Proposed Rulemaking, 18 FCC Rcd 9202, 9225–

9227, ¶¶ 67–74 (2003) (‘‘Second Report and 

Order’’).

4Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 U.S.C. § 254; 47 C.F.R §§ 54.502–54.503; 47 

C.F.R. § 54.521(a)(4).

5Second Report and Order, 18 FCC Rcd at 9226, 

¶ 69; 47 C.F.R. § 54.521(e)(1).

6Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70; 47 C.F.R. § 54.521(e)(4).

7Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70.

8 47 C.F.R. § 54.521(f).

9See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 C.F.R. §§ 54.521(e)(5), 54.521(f).

10Second Report and Order, 18 FCC Rcd at 9225, 

¶ 66.

11See Dotson Indictment at 2, 3; Dotson

Judgment.

12 Dotson Indictment at 4–5.

13Second Report and Order, 18 FCC Rcd at 9226, 

¶ 70; 47 C.F.R. § 54.521(e)(2)(i).

14 ‘‘Causes for suspension and debarment are the 

conviction of or civil judgment for attempt or 

commission of criminal fraud, theft, embezzlement, 

forgery, bribery, falsification or destruction of 

records, making false statements, receiving stolen 

property, making false claims, obstruction of justice 

and other fraud or criminal offense arising out of 

activities associated with or related to the schools 

and libraries support mechanism.’’ 47 C.F.R. 

§ 54.521(c). Such activities ‘‘include the receipt of 

funds or discounted services through the schools 

and libraries support mechanism, or consulting 

with, assisting, or advising applicants or service 

providers regarding schools and libraries support 

mechanism described in this section ([47 C.F.R.] 

§ 54.500 et seq.).’’ 47 C.F.R. § 54.521(a)(1).

DATES: Opposition requests must be 

received by November 22, 2004. 

However, an opposition request by the 

party to be suspended must be received 

30 days from the receipt of suspension 

letter or November 22, 2004, whichever 

comes first. The Bureau will decide any 

opposition request for reversal or 

modification of suspension or 

debarment within 90 days of its receipt 

of such requests.

FOR FURTHER INFORMATION CONTACT:

Diana Lee, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4-A265, 445 12th Street, SW., 

Washington, DC 20554. Diana Lee may 

be contacted by phone at 202–418–1420 

or e-mail at diana.lee@fcc.gov.

SUPPLEMENTARY INFORMATION: The 

Bureau has suspension and debarment 

authority under 47 CFR 54.521 and 47 

CFR 0.111(a)(14). Suspension will help 

to ensure that the party to be suspended 

cannot continue to benefit from the 

schools and libraries mechanism 

pending resolution of the debarment 

process. Attached is the suspension 

letter, Notice of Suspension and of 

Proposed Debarment Proceedings. DA 

04–3209, which was mailed to Mr. 

Dotson and released on October 7, 2004. 

The letter (1) gives notice of the 

suspension and proposed debarment; (2) 

gives the reasons for the proposed 

debarment; (3) explains the debarment 

procedures, and (4) describes the 

potential effect of debarment. The 

complete text of the suspension letter is 

available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portals II, 445 12th Street, SW., 

Room CY–A257, Washington, DC, 

20554. In addition, the complete text of 

this letter may be retrieved from the 

FCC’s Web site at http://www.fcc.gov.

The text may also be purchased from the 

Commission’s duplicating contractor, 

Best Copy & Printing, Inc., Portals II, 

445 12th Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 202–

488–5300, facsimile 202–488–5563, or 

via e-mail fcc@bcpiweb.com.

Federal Communications Commission. 

William H. Davenport, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau.

The suspension letter follows:

Federal Communications Commission 

Enforcement Bureau, Investigations and 

Hearings Division, 445 12th Street, SW., 

Suite 4–C330, Washington, DC 20554, 

October 7, 2004. 

John Dotson, 2850 Webb Avenue, Apt. 4H, 

Bronx, NY 10468.

Re: Notice of Suspension and of Proposed 

Debarment File No. EB–04–IH–0460.

Dear Mr. Dotson: The Federal 

Communications Commission (‘‘FCC’’ or 

‘‘Commission’’) has received notice of your 

conviction on or about May 17, 2004 

pursuant to 18 U.S.C. § 371 for conspiracy to 

defraud the United States.1 Specifically, you 

were convicted of conspiracy to violate the 

following laws of the United States: (1) 18 

U.S.C. § 287 (false, fictitious, and fraudulent 

claims); (2) 18 U.S.C. § 1001 (false statements 

and entries generally); and (3) 18 U.S.C. 

§ 1343 (fraud by wire, radio, or television). 

Consequently, pursuant to 47 C.F.R. § 54.521, 

this letter constitutes official notice of your 

suspension from the schools and libraries 

universal service support mechanism, also 

known as the E-Rate program. In addition, 

the Enforcement Bureau (‘‘Bureau’’) hereby 

notifies you that we are commencing 

debarment proceedings against you.2

I. Notice of Suspension 

Pursuant to section 54.521(a)(4) of the 

Commission’s rules,3 your conviction 

requires the Bureau to suspend you from 

participating in any activities associated with 

or related to the schools and libraries fund 

mechanism, including the receipt of funds or 

discounted services through the schools and 

libraries fund mechanism, or consulting 

with, assisting, or advising applicants or 

service providers regarding the schools and 

libraries support mechanism.4 Your 

suspension becomes effective upon the 

earlier of your receipt of this letter or 

publication of notice in the Federal 

Register.5

Suspension is immediate pending the 

Bureau’s final debarment determination. You 

may contest this suspension or the scope of 

this suspension by filing arguments in 

opposition to the suspension, with any 

relevant documentation. Your request must 

be received within 30 days after you receive 

this letter or after notice is published in the 

Federal Register, whichever comes first.6

Such requests, however, will not ordinarily 

be granted.7 The Bureau may reverse or limit 

the scope of suspension only upon a finding 

of extraordinary circumstances.8 Absent 

extraordinary circumstances, the Bureau will 

decide any request for reversal or 

modification of suspension within 90 days of 

its receipt of such request.9

II. Notice of Proposed Debarment 

A. Reasons for and Cause of Debarment 

Commission rules establish procedures to 

prevent persons who have ‘‘defrauded the 

government or engaged in similar acts 

through activities associated with or related 

to the schools and libraries support 

mechanism’’ from receiving the benefits 

associated with that program.10 Based on 

your February 13, 2004 guilty plea, you were 

convicted on or about May 17, 2004 of 

conspiracy to defraud the Government by 

selling E-Rate services through 

Connect2Internet Networks, Inc. 

(‘‘Connect2’’) to certain schools participating 

in the E-Rate program but charging 100 

percent of the costs to the program rather 

than requiring the schools to pay ten percent 

of the costs as required by the program 

rules.11 In particular, you admitted to 

combining, conspiring and carrying out, with 

other co-conspirators, the following acts: (1) 

falsely representing to certain schools that 

they could participate in the E-Rate program 

at no cost to them, and that their share of the 

costs would be covered by outside sources 

donated to Connect2 for that purpose; (2) 

requesting certain school officials to write 

checks payable to Connect2 while agreeing 

either not to cash them or to return those 

monies to the schools or their designees; and 

(3) creating back-dated phony billing 

documents that give the false appearance that 

Connect2 had billed the schools for their 

costs.12 These actions constitute the conduct 

or transactions upon which this debarment 

proceeding is based.13 Moreover, your 

conviction on the basis of these acts falls 

within the categories of causes for debarment 

defined in section 54.521(c) of the 

Commission’s rules.14 Therefore, pursuant to 

Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Notices 62049

15See Second Report and Order, 18 FCC Rcd at 

9226, ¶ 70; 47 C.F.R. §§ 54.521(e)(2)(i), 54.521(e)(3).

16Second Report and Order, 18 FCC Rcd at 9227, 

¶ 74.

17See id., 18 FCC Rcd at 9226, ¶ 70; 47 C.F.R. 

§ 54.521(e)(5).

18 Id. The Commission may reverse a debarment, 

or may limit the scope or period of debarment upon 

a finding of extraordinary circumstances, following 

the filing of a petition by you or an interested party 

or upon motion by the Commission. 47 C.F.R. 

§ 54.521(f).

19Second Report and Order, 18 FCC Rcd at 9225, 

¶ 67; 47 C.F.R. §§ 54.521(d), 54.521(g).

20 Id.

section 54.521(a)(4) of the Commission’s 

rules, your conviction requires the Bureau to 

commence debarment proceedings against 

you.

B. Debarment Procedures 

You may contest debarment or the scope of 

the proposed debarment by filing arguments 

and any relevant documentation within 30 

calendar days of the earlier of the receipt of 

this letter or of publication in the Federal 

Register.15 Absent extraordinary 

circumstances, the Bureau will debar you.16

Within 90 days of receipt of any opposition 

to your suspension and proposed debarment, 

the Bureau, in the absence of extraordinary 

circumstances, will provide you with notice 

of its decision to debar.17 If the Bureau 

decides to debar you, its decision will 

become effective upon the earlier of your 

receipt of a debarment notice or publication 

of its decision in the Federal Register.18

C. Effect of Debarment 

If and when your debarment becomes 

effective, you will be prohibited from 

participating in activities associated with or 

related to the schools and libraries support 

mechanism for at least three years from the 

date of debarment.19 The Bureau may, if 

necessary to protect the public interest, 

extend the debarment period.20

Please direct any responses to the 

following address: Diana Lee, Esq., Federal 

Communications Commission, Enforcement 

Bureau, Investigations and Hearings Division, 

Room 4–A265, 445 12th Street, S.W., 

Washington, D.C. 20554. 

If you submit your response via handdelivery or non-United States Postal Service 

delivery (e.g., Federal Express, DHL, etc.), 

please send your response to Ms. Lee at the 

following address: Federal Communications 

Commission, 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

If you have any questions, please contact 

Ms. Lee via mail, by telephone at (202) 418–

1420 or by e-mail at diana.lee@fcc.gov. If Ms. 

Lee is unavailable, you may contact Eric Bash 

by telephone at (202) 418–1420 and by e-mail 

at eric.bash@fcc.gov.

Sincerely yours, 

William H. Davenport, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau.

[FR Doc. 04–23461 Filed 10–21–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL ELECTION COMMISSION

Sunshine Act Notices

DATE AND TIME: Thursday, October 28, 

2004 at 10 a.m.

PLACE: 999 E Street, NW., Washington, 

DC (Ninth Floor).

STATUS: This meeting will be open to the 

public.

ITEMS TO BE DISCUSSED:

Correction and Approval of Minutes. 

Draft Advisory Opinion 2004–38: 

George Nethercutt and the Nethercutt 

for Senate Committee by counsel, 

Stephen M. Hoersting and Tim 

McKeever. 

Draft Advisory Opinion 2004–39: 

Washington State Republican Party by 

Chris Vance, Chairman (Tentative). 

Explanation and justification for the 

Political Committee rulemaking. 

Routine administrative matters.

SPECIAL EXECUTIVE SESSION:

Date and Time: Thursday, October 28, 

2004, to follow the opening meeting. 

Place: 999 E Street, NW., Washington, 

DC. 

Status: This meeting will be closed to 

the public pursuant to 11 CFR 2.4(b)(7). 

Person to Contact for Information: Mr. 

Robert Biersack, Acting Press Officer, 

Telephone: (202) 694–1220.

Mary W. Dove, 

Secretary of the Commission.

[FR Doc. 04–23855 Filed 10–20–04; 2:53 pm] 

BILLING CODE 6715–01–M

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Agency for Toxic Substances and 

Disease Registry 

[ATSDR–205] 

Availability of Draft Toxicological 

Profiles

AGENCY: Agency for Toxic Substances 

and Disease Registry (ATSDR), 

Department of Health and Human 

Services (HHS).

ACTION: Notice of availability.

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(CERCLA), as amended by the 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA), 

Section 104(i)(3) [42 U.S.C. 9604(i)(3)] 

directs the Administrator of ATSDR to 

prepare toxicological profiles of priority 

hazardous substances and to revise and 

publish each updated toxicological 

profile as necessary. This notice 

announces the availability of the 18th 

set of toxicological profiles, which 

consists of one new draft and five 

updated drafts, prepared by ATSDR for 

review and comment.

DATES: In order to be considered, 

comments on these draft toxicological 

profiles must be received on or before 

February 23, 2005. Comments received 

after the close of the public comment 

period will be considered at the 

discretion of ATSDR based upon what 

is deemed to be in the best interest of 

the general public.

ADDRESSES: Requests for printed copies 

of the draft toxicological profiles should 

be sent to the attention of Ms. Yulandia 

Jordan, Division of Toxicology, Agency 

for Toxic Substances and Disease 

Registry, Mailstop E–29, 1600 Clifton 

Road, NE., Atlanta, Georgia 30333. 

Electronic access to these documents is 

also available at the ATSDR Web site: 

http://www.atsdr.cdc.gov/toxpro2.html.

Comments regarding the draft 

toxicological profiles should be sent to 

the attention of Ms. Nickolette Roney, 

Division of Toxicology, Agency for 

Toxic Substances and Disease Registry, 

Mailstop F–32, 1600 Clifton Road, NE., 

Atlanta, Georgia 30333. 

Requests for printed copies of the 

draft toxicological profiles must be in 

writing, and must specifically identify 

the hazardous substance(s) profile(s) 

that you wish to receive. ATSDR 

reserves the right to provide only one 

copy of each profile requested, free of 

charge. In case of extended distribution 

delays, requestors will be notified. 

Written comments and other data 

submitted in response to this notice and 

the draft toxicological profiles should 

bear the docket control number ATSDR–

205. Send one copy of all comments and 

three copies of all supporting 

documents to Ms. Roney at the above 

stated address by the end of the 

comment period. Because all public 

comments regarding ATSDR 

toxicological profiles are available for 

public inspection, no confidential 

business information or other 

confidential information should be 

submitted in response to this notice.

FOR FURTHER INFORMATION CONTACT: Ms. 

Yulandia Jordon, Division of 

Toxicology, Agency for Toxic 

Substances and Disease Registry, 

Mailstop E–29, 1600 Clifton Road, NE., 

Atlanta, Georgia 30333, telephone 1–

(888) 422–8737 or (404) 498–0261.

SUPPLEMENTARY INFORMATION: The 

Superfund Amendments and 

Reauthorization Act (SARA) (Pub. L. 

99–499) amends the Comprehensive 

Environmental Response, 

Compensation, and Liability Act