Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64875

12Pub. L. 104–13 (May 13, 1995).

13See 66 FR 45221, 45228 (August 28, 2001).

economic impact on a substantial 

number of small entities.

B. Paperwork Reduction Act 

The Paperwork Reduction Act of 

1995 12 imposes certain requirements on 

federal agencies (including the 

Commission) in connection with their 

conducting or sponsoring any collection 

of information as defined by the 

Paperwork Reduction Act (‘‘PRA’’). The 

amendment to Rule 1.55(d) that is the 

subject of this proposed rulemaking 

does not alter the paperwork burden 

associated with the OMB Collection of 

Information submission, OMB Control 

Number 3038–0022, Rules Pertaining to 

Contract Markets and Their Members, 

where the Commission most recently 

described the paperwork burden 

associated with the 2001 rulemaking 

amendments.13 Thus, there is no need 

for an additional submission pursuant 

to the PRA.

List of Subjects in 17 CFR Part 1 

Brokers, Commodity Futures, 

Consumer protection, Disclosure, 

Reporting and recordkeeping 

requirements.

In consideration of the foregoing, and 

pursuant to the authority contained in 

the Commodity Exchange Act and, in 

particular, Sections 4b, 4c(b), and 8a(5) 

thereof, 7 U.S.C. 6b, 6c(b), and 12a(5) 

(2000), and pursuant to the authority 

contained in 5 U.S.C. 552 and 552b 

(2003), the Commission hereby proposes 

to amend Chapter I of Title 17 of the 

Code of Federal Regulations as follows:

PART 1—GENERAL REGULATIONS 

UNDER THE COMMODITY EXCHANGE 

ACT 

1. The authority citation for Part 1 

continues to read as follows:

Authority: 7 U.S.C. 1a, 2, 4, 6, 6a, 6b, 6c, 

6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m, 6n, 6o, 

6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a, 13a–1, 

16, 16a, 19, 21, 23, and 24, as amended by 

the Commodity Futures Modernization Act of 

2000, appendix E of Pub. L. 106–554, 114 

Stat. 2763 (2000).

2. Section 1.55 is proposed to be 

amended by revising paragraph (d)(1) to 

read as follows:

§ 1.55 Distribution of ‘‘Risk Disclosure 

Statement’’ by futures commission 

merchants and introducing brokers.

* * * * *

(d) * * * 

(1) Prior to the opening of such 

account, the futures commission 

merchant or introducing broker obtains 

an acknowledgment from the customer, 

which may consist of a single signature 

at the end of the futures commission 

merchant’s or introducing broker’s 

customer account agreement, or on a 

separate page, of the disclosure 

statements, consents and elections 

specified in this section and § 1.33(g), 

and in § 33.7, § 155.3(b)(2), § 155.4(b)(2), 

and § 190.06 of this chapter, and which 

may include authorization for the 

transfer of funds from a segregated 

customer account to another account of 

such customer, as listed directly above 

the signature line, provided the 

customer has acknowledged by check or 

other indication next to a description of 

each specified disclosure statement, 

consent or election that the customer 

has received and understood such 

disclosure statement or made such 

consent or election; and

* * * * *

Dated: November 4, 2004.

By the Commission. 

Jean A. Webb, 

Secretary of the Commission.

[FR Doc. 04–24949 Filed 11–8–04; 8:45 am] 

BILLING CODE 6351–01–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117

[CGD08–04–040] 

RIN 1625–AA09

Drawbridge Operation Regulation; 

Mississippi River, Iowa and Illinois

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to 

change the regulation governing the 

Clinton Railroad Drawbridge, Mile 

518.0, Upper Mississippi River, at 

Clinton, Iowa. The drawbridge would 

open on signal if at least 24 hours 

advance notice is given from 7:30 a.m., 

on December 15, 2004, until 7:30 a.m. 

on March 1, 2005. This proposed rule 

would allow time for making upgrades 

to critical mechanical components and 

perform scheduled annual maintenance 

and repairs.

DATES: Comments and related material 

must reach the Coast Guard on or before 

December 9, 2004.

ADDRESSES: You may mail comments 

and related material to Commander, 

Eighth Coast Guard District, Bridge 

Branch, 1222 Spruce Street, St. Louis, 

MO 63103–2832. Commander (obr) 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, will 

become part of this docket and will be 

available for inspection or copying at 

room 2.107f in the Robert A. Young 

Federal Building, Eighth Coast Guard 

District, between 8 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays.

FOR FURTHER INFORMATION CONTACT: Mr. 

Roger K. Wiebusch, Bridge 

Administrator, (314) 539–3900, 

extension 2378.

SUPPLEMENTARY INFORMATION: 

Request for Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD08–04–040), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know that they reached us, please 

enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period. We may 

change this proposed rule in view of 

them. 

Public Meeting

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to the Eighth 

Coast Guard District, Bridge Branch, at 

the address under ADDRESSES explaining 

why one would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

On September 7, 2004, the Union 

Pacific Railroad Company requested a 

temporary change to the operation of the 

Clinton Railroad Drawbridge across the 

Upper Mississippi River, Mile 518.0 at 

Clinton, Iowa to open on signal if at 

least 24 hours advance notice is given 

to facilitate critical bridge repair and 

annual maintenance. Advance notice 

may be given by calling the Clinton 

Yardmaster’s office at (563) 244–3204 at 

any time; or (563) 244–3269 weekdays 

between 7 a.m. and 3:30 p.m.; or Mr. 

Tomaz Gawronski, office (515) 263–

4536 or cell phone (515) 229–2993. 

64876 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 

The Clinton Railroad Drawbridge 

navigation span has a vertical clearance 

of 18.7 feet above normal pool in the 

closed to navigation position. 

Navigation on the waterway consists 

primarily of commercial tows and 

recreational watercraft and will not be 

significantly impacted due to the 

reduced navigation in winter months. 

Presently, the draw opens on signal for 

passage of river traffic. The Union 

Pacific Railroad Company requested the 

drawbridge be permitted to remain 

closed-to-navigation from 7:30 a.m., 

December 15, 2004 until 7:30 a.m., 

March 1, 2005, unless 24 hours advance 

notice is given of the need to open. 

Winter conditions on the Upper 

Mississippi River coupled with the 

closure of Rock Island Railroad & 

Highway Drawbridge, Mile 482.9, Upper 

Mississippi River, at Rock Island, 

Illinois will preclude any significant 

navigation demands for the drawspan 

opening. The Clinton Railroad 

Drawbridge, Mile 518.0 Upper 

Mississippi River is located upstream 

from the Rock Island Railroad & 

Highway Drawbridge. Performing 

maintenance on the bridge during the 

winter, when the number of vessels 

likely to be impacted is minimal, is 

preferred to bridge closure or advance 

notification requirements during the 

navigation season. This temporary 

change to the drawbridge’s operation 

has been coordinated with the 

commercial waterway operators. 

Regulatory Evaluation 

This rulemaking is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). 

The Coast Guard expects that this 

temporary change to operation of the 

Clinton Railroad Drawbridge will have 

minimal economic impact on 

commercial traffic operating on the 

Upper Mississippi River. This 

temporary change has been written in 

such a manner as to allow for minimal 

interruption of the drawbridge’s regular 

operation. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. This 

proposed rule will have a negligible 

impact on vessel traffic. The primary 

users of the Upper Mississippi River in 

Clinton, Iowa are commercial towboat 

operators. With the onset of winter 

conditions most activity on the Upper 

Mississippi River is curtailed and there 

are few, if any, significant navigation 

demands for opening the drawspan.

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we want to assist small entities in 

understanding this proposed rule so that 

they could better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Mr. Roger K. 

Wiebusch, Bridge Administrator, Eighth 

Coast Guard District, Bridge Branch, at 

(314) 539–3900, extension 2378. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule will not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule will not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This rule is not an economically 

significant rule and does not create an 

environmental risk to health or risk to 

safety that may disproportionately affect 

children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Proposed Rules 64877

does not require a Statement of Energy 

Effects under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards.

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e), of the 

Instruction, from further environmental 

documentation. Paragraph 32(e) 

excludes the promulgation of operating 

regulations or procedures for 

drawbridges from the environmental 

documentation requirements of the 

National Environmental Policy Act 

(NEPA). Since this proposed regulation 

would alter the normal operating 

conditions of the drawbridge, it falls 

within this exclusion. A ‘‘Categorical 

Exclusion Determination’’ is available in 

the docket for inspection or copying 

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117 

Bridges.

Regulations 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows:

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; Department of 

Homeland Security Delegation No. 0170.1; 33 

CFR 1.05–1(g); section 117.255 also issued 

under the authority of Pub. L. 102–587, 106 

Stat. 5039.

2. From 7:30 a.m., December 15, 2004 

until 7:30 a.m. March 1, 2005, in 

§ 117.671 add new paragraph (c) to read 

as follows:

§ 117.671 Upper Mississippi River.

* * * * *

The Clinton Railroad Drawbridge, 

Mile 518.0, Upper Mississippi River at 

Clinton, Iowa shall open on signal if at 

least 24 hours notice is given. Notice 

may be given by calling Clinton 

Yardmaster’s office at (563) 244–3204 at 

anytime; or (563) 244–3269 weekdays 

between 7 a.m. and 3:30 p.m.; or Mr. 

Tomaz Gawronski, office (515) 263–

4536 or cell phone (515) 229–2793.

Dated: October 27, 2004. 

R.F. Duncan, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District.

[FR Doc. 04–24972 Filed 11–8–04; 8:45 am] 

BILLING CODE 4910–15–P

POSTAL SERVICE

39 CFR Part 111 

Address Sequencing Services

AGENCY: Postal Service.

ACTION: Proposed rule.

SUMMARY: The United States Postal 

Service provides mailers with both 

manual and electronic address 

sequencing services for their address 

lists, including electronic address 

sequencing (EAS) service and 

computerized delivery sequencing 

(CDS) service. Mailers who prepare their 

mail using these services may qualify 

for postage discounts. In addition, these 

services help mailers use the best 

possible addresses on their mail. This 

improves mail deliverability and 

reduces the costs of the Postal Service. 

Mailers who qualify for, and obtain, 

the highest level of address sequencing 

service (Level 3 Service) from the Postal 

Service for an address list, may then 

apply to obtain a CDS subscription for 

each separate address group in each 5-

digit ZIP Code within that address list. 

The Postal Service proposes to 

streamline the process by which it 

provides seed addresses to CDS 

subscribers and accepts address lists 

from mailers for Level 3 Service. The 

Postal Service proposes to provide 

mailers with more detailed information 

so that they may properly submit 

address lists to the Postal Service in 

order to obtain address sequencing 

services. CDS subscribers will continue 

to obtain the benefit of using seed 

addresses to assist them in protecting 

their address lists. The Postal Service 

also proposes to clarify that the 

requirements for obtaining Level 3 

Service and CDS subscriptions for Post 

Office box address groups is the same as 

for other address groups.

DATES: Written comments must be 

received on or before December 9, 2004.

ADDRESSES: Written comments should 

be mailed to the Computerized Delivery 

Sequence (CDS) Department, National 

Customer Support Center, United States 

Postal Service, 6060 Primacy Pkwy Ste 

201, Memphis TN 38188–0001. Copies 

of all written comments will be 

available at this address for public 

inspection and photocopying between 9 

a.m. and 4 p.m., Monday through 

Friday.

FOR FURTHER INFORMATION CONTACT:

Becky Dunn, National Customer 

Support Center, United States Postal 

Service, (800)-238–3150.

SUPPLEMENTARY INFORMATION: The Postal 

Service offers a range of manual and 

electronic address sequencing services 

not only to mailers who develop or own 

address lists, but also to mailers who 

use address lists they obtain from third 

parties. Mailers, as well as parties acting 

on behalf of mailers, may obtain address 

sequencing services by submitting 

address lists to the Postal Service either 

in the form of address cards or 

electronic address files (both forms are 

referred to as ‘‘address lists’’). The 

Postal Service only provides address 

sequencing and correction services. It 

does not provide address lists of postal 

customers to the public. See 39 U.S.C. 

412.The Postal Service offers mailers 

three levels of address sequencing 

services for address lists: 

Level 1 Service: The Postal Service 

arranges addresses in delivery sequence 

and removes undeliverable addresses 

from address lists.

Level 2 Service: In addition to Level 

1 Service, the Postal Service inserts 

blank cards for missing addresses in an 

address list submitted as address cards, 

or delivery sequence numbers for 

addresses missing from the mailer’s 

electronic address list file. 

Level 3 Service: In addition to Levels 

1 and 2 Service, the Postal Service 

inserts addresses for missing or new 

addresses either by address cards or into 

electronic address files, depending on 

whether the mailer has submitted its 

address list as address cards or as an 

electronic address list file. In order to 

obtain Level 3 Service, a mailer must 

satisfy the Postal Service requirements 

summarized below.