64096 Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 

from Oct 1–March 31 and seasonally 

closed from April 1–Sept 30 each year. 

Future changes to these closure dates 

may be necessary as ongoing bat 

migration research at Crystal Cave is 

accomplished. Any changes to access 

dates will be given via subsequent 

Federal Register notice.

FOR FURTHER INFORMATION CONTACT: For 

information regarding public access to 

Crystal Cave, contact the BLM’s Salt 

Lake Field Office at (801) 977–4300.

SUPPLEMENTARY INFORMATION: This 

seasonal closure to public access of 

Crystal Cave will serve to protect both 

a maternity colony of Townsend’s Bigeared Bats and unique geologic cave 

formations, and to ensure visitor safety 

and compliance through the installation 

of a bat-friendly locking gate. The BLM 

decision is to manage access to Crystal 

Cave by constructing a bat-friendly gate 

and implementing a Cave Management 

Plan coupled with a visitor use permit 

system. 

With increasing visitation, additional 

measures are needed to effectively 

protect the cave. Formations are being 

illegally removed and critical bat habitat 

is being disturbed. A permit system will 

provide an opportunity to educate the 

public on the importance of protecting 

critical cave resources. 

Installation of a gate will provide the 

maximum security for Crystal Cave 

resources while minimizing the negative 

effects on the cave’s ecology. The gate 

will be constructed as a joint effort 

between the Salt Lake BLM Field Office, 

Timpanogos Cave National Monument, 

Salt Lake NSS Grotto, the Timpanogos 

NSS Grotto, and other interested 

individuals. 

The Crystal Cave Management Plan 

will set forth direction for long-range 

management planning and oversight of 

this important resource and identify 

specific management actions for 

recreation use at Crystal Cave. The 

management plan will emphasize 

recreational use while providing for 

natural resource conservation and 

enhancement. 

The authority for establishing this 

restriction is found at 43 CFR 8364.1(a). 

This restriction does not apply to: 

(1) Any Federal, State or local 

government officer or member of an 

organized rescue or fire fighting force 

while in the performance of an official 

duty. 

(2) Any Bureau of Land Management 

employee, agent, contractor, or 

cooperator while in the performance of 

an official duty. 

(3) Any Federal, State, local, or 

contract law enforcement officer, while 

in the performance of their official 

duties, or while enforcing this closure 

notice. 

Violation of this closure is punishable 

by a fine not to exceed $100,000 and/

or imprisonment not to exceed 12 

months as provided in 43 CFR 8360–0.7 

as further defined in 18 U.S.C. 3571.

Dated: September 20, 2004. 

Glenn A. Carpenter, 

Field Office Manager.

[FR Doc. 04–24662 Filed 11–1–04; 1:52 pm] 

BILLING CODE 4310–DQ–P

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation 

Review of Existing Coordinated LongRange Operating Criteria for Colorado 

River Reservoirs (Operating Criteria)

AGENCY: Bureau of Reclamation 

(Reclamation), Interior.

ACTION: Notice of proposed decision 

regarding the operating criteria and 

announcement of public consultation 

meeting. 

SUMMARY: The purpose of this action is 

to provide notice of a public 

consultation meeting. In addition, based 

on information submitted for review by 

the Department of the Interior, 

Reclamation is proposing that the 

Secretary of the Interior (Secretary) 

make a number of identified 

modifications to the text of the 

Operating Criteria developed pursuant 

to Section 602 of the Colorado River 

Basin Project Act of 1968. The bases for 

the proposed changes are: (1) Specific 

changes in Federal law applicable to the 

Operating Criteria, (2) language in the 

current text of the Operating Criteria 

that is outdated, and (3) specific 

modifications to Article IV(b) of the 

Operating Criteria that reflect actual 

operating experience.

DATES: To receive input on the proposed 

decision regarding specific limited 

changes to the Operating criteria, 

Reclamation will conduct a public 

consultation meeting in Henderson, 

Nevada. The meeting will be held at the 

following time and location: 

• November 19, 2004—9 a.m. to 1 

p.m. at the Henderson Convention 

Center, 200 South Water Street, 

Henderson, Nevada. 

All comments relevant to the 

proposed decision should be received 

no later than December 6, 2004.

ADDRESSES: Interested parties should 

send comments or questions to: 

Regional Director, Attention: BCOO–

4600, Bureau of Reclamation, Lower 

Colorado Region, P.O. Box 61470, 

Boulder City, Nevada 89006–1470.

FOR FURTHER INFORMATION CONTACT:

Jayne Harkins, Bureau of Reclamation, 

Lower Colorado Region, P.O. Box 61470, 

Boulder City, Nevada 89006–1470; 

telephone (702) 293–8411; faxogram 

(702) 293–8614; e-mail: 

jharkins@lc.usbr.gov; or Tom Ryan, 

Bureau of Reclamation, Upper Colorado 

Region, 125 South State Street, Room 

6107, Salt Lake City, Utah 84138–1147; 

telephone (801) 524–3732; faxogram 

(801) 524–5499; e-mail: 

tryan@uc.usbr.gov.

SUPPLEMENTARY INFORMATION: The 

public review process began with a 

Federal Register Notice published on 

January 15, 2002, announcing the sixth 

review of the Operating Criteria and 

inviting comments regarding whether 

the Operating Criteria should be 

modified, and if so, how they should be 

modified. The January 15, 2002, Notice 

provided for a comment period that 

ended on March 18, 2002. On March 6, 

2002, a second Notice was published in 

the Federal Register extending the 

comment period to March 29, 2002, and 

inviting public feedback on whether or 

not Reclamation should conduct a 

public meeting to solicit comments as 

part of the sixth review of the Operating 

Criteria. A letter was then sent to all 

interested parties, tribes, and 

stakeholders on March 7, 2002, that 

included copies of both Federal 

Register Notices and the Operating 

Criteria. 

On June 27, 2002, a Fact Sheet 

providing information on the Operating 

Criteria, scope of the review process, 

public participation, timeline for the 

review process, and contact information 

was sent to all interested parties and 

stakeholders. In addition to the Fact 

Sheet, Reclamation set up a Web site 

(http://www.usbr.gov/lc/region/g4000/

lroc) for the sixth review of the 

Operating Criteria that contained further 

information on the review, copies of all 

comment letters received, and links to 

technical documents Reclamation felt 

would be useful during the review 

process. 

Detailed written comments were 

received from 16 interested parties 

providing Reclamation with numerous 

issues, comments, and concerns 

regarding possible changes to the 

Operating Criteria. The comment letters 

were posted on the Operating Criteria 

Web site in May 2002 and have been 

reviewed by Reclamation for 

identification and analysis of the issues. 

As required by Federal law, formal 

consultation with the representatives of 

the seven Basin States, and with 

members of the general public, was 

conducted during this review of the 

Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64097

Operating Criteria. The January 15, 

2002, Federal Register Notice stated 

that open public meetings would be 

conducted as part of this review, and in 

the March 6, 2002, Federal Register

Notice, Reclamation asked for 

comments on whether or not a public 

meeting should be held. At the end of 

the comment period (March 29, 2002), 

several of those who provided 

comments stated that a public meeting 

to solicit comments on the need to 

revise the Operating Criteria was not 

needed. Accordingly, Reclamation did 

not conduct a public meeting at that 

point in the review process. However, 

pursuant to this Federal Register

Notice, a public consultation meeting 

will be conducted on November 19, 

2004, allowing interested parties and 

the general public an opportunity to 

provide comments on the proposed 

changes to the Operating Criteria 

identified in this Federal Register

Notice. This meeting will be considered 

a consultation with the States, 

interested parties, and stakeholders, as 

well as government-to-government 

consultation with tribal representatives.

Following analysis of any additional 

comments received as a result of this 

Notice, any proposed Federal action 

will be evaluated by Reclamation to 

determine the applicability of National 

Environmental Policy Act compliance. 

A final Secretarial decision regarding 

this five-year review will be published 

in the Federal Register. 

Public Disclosure 

It is Reclamation’s practice to make 

comments, including names and home 

addresses of respondents, available for 

public review. Individual respondents 

may request that we withhold their 

home address from public disclosure, 

which we will honor to the extent 

allowable by law. There also may be 

circumstances in which we would 

withhold a respondent’s identify from 

public disclosure, as allowable by law. 

If you wish us to withhold your name 

and/or address, you must state this 

prominently at the beginning of your 

comment. We will make all submissions 

from organizations or businesses, and 

from individuals identifying themselves 

as representatives or officials of 

organizations or businesses, available 

for public disclosure in their entirety. 

Background: The Operating Criteria, 

promulgated pursuant to Section 602 of 

the 1968 Colorado River Basin Project 

Act (Pub. L. 90–537), were published in 

the Federal Register on June 10, 1970 

(35 FR 8951). In order to comply with 

and carry out the provisions of the 

Colorado River Compact, the Upper 

Colorado River Basin Compact, and the 

Mexican Water Treaty, the Operating 

Criteria provide for the coordinated 

long-range operation of the reservoirs 

constructed and operated under the 

authority of the Colorado River Storage 

Project Act and the Boulder Canyon 

Project Act. 

The Operating Criteria state that the 

Secretary will sponsor a formal review 

of the Operating Criteria at least every 

five years with participation by 

Colorado River Basin State 

representatives as each Governor may 

designate and other parties and agencies 

as the Secretary may deem appropriate. 

As required by Pub. L. 102–575 (the 

Grand Canyon Protection Act of 1992), 

the Secretary also consults in this 

review process with the general public 

including representatives of academic 

and scientific communities, 

environmental organizations, the 

recreation industry, and contractors for 

the purchase of federal power produced 

at Glen Canyon Dam. 

Previous reviews of the Operating 

Criteria were conducted in 1975, 1980, 

1985, 1990, and 1995. These reviews 

did not propose any changes to the 

Operating Criteria. Prior to 1990, 

reviews were conducted primarily 

through meetings with and 

correspondence among representatives 

of the seven Basin States and 

Reclamation. Because the long-range 

operation of the Colorado River 

Reservoirs is important to many 

agencies and individuals, in 1990, 

through an active public involvement 

process, Reclamation expanded the 

review of the Operating Criteria to 

include all interested stakeholders. A 

team consisting of Reclamation staff 

from Salt Lake City, Utah, and Boulder 

City, Nevada, was organized to conduct 

the 1995 review. For this review, 

Reclamation staff from Boulder City and 

Salt Lake City followed a similar public 

process. 

The scope of the review has been 

consistent with the statutory purposes 

of the Operating Criteria which are ‘‘to 

comply with and carry out the 

provisions of the Colorado River 

Compact, Upper Colorado River Basin 

Compact, and Mexican Water Treaty’’

43 U.S.C. 1552(a). Long-range 

operations generally refer to the 

planning of reservoir operations over 

several decades, as opposed to the 

Annual Operating Plan which details 

specific reservoir operations for the next 

operating year, as required by 43 U.S.C. 

1552(b). 

Proposed Modifications to the 

Operating Criteria: As a result of this 

review, Reclamation is proposing the 

following modifications to the 

Operating Criteria (additions are shown 

with highlighted text and deletions are 

shown with a line): 

BILLING CODE 4310–MN–M

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Federal Register / Vol. 69, No. 212 / Wednesday, November 3, 2004 / Notices 64101

BILLING CODE 4310–MN–C 

Proposed Decision: The Department of 

the Interior has considered the 

comments received during this review 

of the Operating Criteria. After a careful 

review of the comments received, 

solicitation of public review to 

Reclamation’s responses, and 

consultation with the Governor’s 

representatives of the seven Basin 

States, Reclamation is proposing that 

the Secretary of the Interior make a 

number of identified modifications to 

the text of the Operating Criteria. The 

bases for the proposed changes are (1) 

specific changes in Federal law 

applicable to the Operating Criteria, (2) 

language in the current text of the 

Operating Criteria that is outdated, and 

(3) specific modifications to Article 

IV(b) of the Operating Criteria that 

reflect actual operating experience.

Dated: September 28, 2004. 

William E. Rinne, 

Deputy Commissioner, Bureau of 

Reclamation.

[FR Doc. 04–24552 Filed 11–2–04; 8:45 am] 

BILLING CODE 4310–MN–M

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. NAFTA–103–009] 

Certain Sanitary Articles of Tri-Lobal 

Rayon Staple Fibers: Effect of 

Modification of NAFTA Rules of Origin 

for Goods of Canada and Mexico

AGENCY: United States International 

Trade Commission.

ACTION: Institution of investigation and 

request for written submissions. 

EFFECTIVE DATE: October 27, 2004.

SUMMARY: Following receipt of a request 

on October 20, 2004, from the United 

States Trade Representative (USTR) 

under authority delegated by the 

President and pursuant to section 103 of 

the North American Free Trade 

Agreement (NAFTA) Implementation 

Act (19 U.S.C. 3313), the Commission 

instituted investigation No. NAFTA–

103–009, Certain Sanitary Articles of 

Tri-Lobal Rayon Staple Fibers: Effect of 

Modification of NAFTA Rules of Origin 

for Goods of Canada and Mexico.

FOR FURTHER INFORMATION CONTACT:

Information may be obtained from 

Kimberlie Freund, Office of Industries 

(202–708–5402, 

kimberlie.freund@usitc.gov); for 

information on legal aspects, contact 

William Gearhart of the Office of the 

General Counsel (202–205–3091, 

wgearhart@usitc.gov). The media should 

contact Margaret O’Laughlin, Office of 

Public Affairs (202–205–1819, 

margaret.olaughlin@usitc.gov). 

Background: Annex 300–B, Chapter 4, 

and Annex 401 of the NAFTA contain 

the rules of origin for textiles and 

apparel for application of the tariff 

provisions of the NAFTA. These rules 

are set forth for the United States in 

general note 12 to the Harmonized Tariff 

Schedule (HTS). According to the USTR 

request letter, U.S. negotiators have 

recently reached agreement in principle 

with representatives of the Governments 

of Canada and Mexico to modify the 

NAFTA rule of origin for certain 

sanitary towels or tampons classified in 

HTS subheading 5601.10 and made 

from tri-lobal rayon staple fibers (38 

mm, 3.3 decitex) of HTS subheading 

5504.10. If implemented, the proposed 

rule of origin would apply to U.S. 

imports from and exports to the NAFTA 

parties. Section 202(q) of the North 

American Free Trade Agreement 

Implementation Act (the Act) authorizes 

the President, subject to the 

consultation and layover requirements 

of section 103 of the Act, to proclaim 

such modifications to the rules of origin 

as are necessary to implement an 

agreement with one or more of the 

NAFTA countries pursuant to paragraph 

2 of section 7 of Annex 300–B of the 

Agreement. One of the requirements set 

out in section 103 of the Act is that the 

President obtain advice from the United 

States International Trade Commission. 

In his letter, the USTR requested that 

the Commission provide advice on the 

probable effect of the proposed 

modification of the NAFTA rule of 

origin for certain sanitary articles (as 

described above) on U.S. trade under 

the NAFTA, on total U.S. trade, and on 

domestic producers of the affected 

articles. As requested, the Commission 

will submit its advice to the USTR by 

December 20, 2004, and soon thereafter, 

issue a public version of the report with 

any confidential business information 

deleted. Additional information 

concerning the articles and the 

proposed modifications can be obtained 

by accessing the electronic version of 

this notice at the Commission Internet 

site (http://www.usitc.gov). The current 

NAFTA rules of origin applicable to 

U.S. imports can be found in general 

note 12 of the 2004 HTS (see ‘‘General 

Notes’’ link at http://hotdocs.usitc.gov/

tariff_chapters_current/toc.html). 

Written Submissions: No public 

hearing is planned. However, interested 

parties are invited to submit written 

statements concerning the matters to be 

addressed by the Commission in this 

investigation. Submissions should be 

addressed to the Secretary, United 

States International Trade Commission, 


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