64702 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Proposed Rules 

FCRA Section 609 through nonconsumer reporting agency subsidiaries? 

(5) Consumer reporting agencies can 

fulfill FCRA Section 609’s requirement 

by providing consumers with mortgage 

or educational scores. How will 

consumer reporting agencies choose to 

fulfill this requirement and what type of 

score are they most likely to provide to 

consumers? Why? 

(6) Among the potential approaches 

available to the Commission is 

determining a fee based on the market 

for scores. In that context, what is the 

appropriate market to consider: the 

market for stand-alone mortgage and 

educational scores sold by consumer 

reporting agencies, or the market for all 

credit scores sold by consumer reporting 

agencies and non-consumer reporting 

agencies? If a market-based approach is 

appropriate, are these two markets 

appropriate reference points? Are there 

other markets that should be 

considered? Overall, what is the 

appropriate market, and what are the 

factors that the Commission should 

consider in determining the appropriate 

market? 

(7) The Commission welcomes 

comment on whether other factors, in 

addition to prices charged in a 

competitive market, should be taken 

into account in determining a fair and 

reasonable fee for required disclosures 

(e.g., cost data, revenue data, other 

market conditions). Comments should 

discuss the pragmatic aspects of each 

factor advanced for consideration; for 

example, whether data underlying a 

given factor are readily available or 

difficult to obtain. 

(8) For any determination involving a 

specified dollar amount for a fair and 

reasonable fee, should the Commission 

include within a final determination a 

mechanism for periodic adjustment of 

the specified amount? If so, what 

approach is desirable for such 

adjustment and what entity or entities 

should determine the specific 

adjustment? Should the Commission 

initiate new assessments of all of the 

factors underlying its determination at a 

fixed time interval, or only when a 

factor changes significantly? Should the 

Commission’s determination include an 

‘‘automatic’’ adjustment keyed to the 

consumer price index or similar 

economic index? Should periodic 

adjustments be required to be both 

determined and implemented by the 

regulated entities based on a formula set 

forth within the Commission’s 

determination? Are there other bases for 

periodic adjustment that might be 

appropriate?

By direction of the Commission. 

Donald S. Clark, 

Secretary.

[FR Doc. 04–24841 Filed 11–5–04; 8:45 am] 

BILLING CODE 6750–01–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulation No. 4] 

RIN 0960–AF28

Revised Medical Criteria for Evaluating 

Impairments of the Digestive System

AGENCY: Social Security Administration.

ACTION: Proposed rules; limited 

reopening of comment period. 

SUMMARY: We are reopening for limited 

purposes the comment period for the 

notice of proposed rulemaking (NPRM) 

that we published in the Federal 

Register on November 14, 2001 (66 FR 

57009). We have decided to reopen the 

comment period for 60 days to solicit 

additional public comments on our 

proposal to revise and remove several of 

the chronic liver disease listings from 

the Listing of Impairments (the listings) 

because we believe that the revisions we 

propose are significant. We are 

reopening the comment period only to 

accept comments about chronic liver 

disease. Due to the limited reopening of 

the NPRM, we will not consider any 

comments on other aspects of the 

proposed listings for the digestive 

system.

DATES: To be sure your comments are 

considered, we must receive them by 

January 7, 2005.

ADDRESSES: You may give us your 

comments by: using our Internet site 

facility (i.e., Social Security Online) at: 

http://policy.ssa. gov/pnpublic.nsf/

LawsRegs or the Federal eRulemaking 

Portal at http://www.regulations.gov; email to regulations@ssa.gov; telefax to 

(410) 966–2830; or by letter to the 

Commissioner of Social Security, P.O. 

Box 17703, Baltimore, Maryland 21235–

7703. You may also deliver them to the 

Office of Regulations, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, 

Maryland 21235–6401, between 8 a.m. 

and 4:30 p.m. on regular business days. 

Comments are posted on our Internet 

site, at http://policy.ssa. gov/

pnpublic.nsf/LawsRegs or you may 

inspect them on regular business days 

by making arrangements with the 

contact person shown in this preamble. 

Electronic Version: The electronic file 

of this document is available on the date 

of publication in the Federal Register at 

http://www.gpoaccess. gov/fr/

index.html. It is also available on the 

Internet site for SSA (i.e., Social 

Security Online) at: http://policy.ssa. 

gov/pnpublic.nsf/LawsRegs.

FOR FURTHER INFORMATION CONTACT:

Suzanne DiMarino, Social Insurance 

Specialist, Office of Regulations, Social 

Security Administration, 107 Altmeyer 

Building, 6401 Security Boulevard, 

Baltimore, Maryland 21235–6401, (410) 

965–1767 or TTY (410) 966–5609. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet Web 

site, Social Security Online, at 

www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: On 

November 14, 2001, we published 

‘‘Revised Medical Criteria for Evaluating 

Impairments of the Digestive System’’ as 

an NPRM in the Federal Register (66 FR 

57009). You may find this document at 

our Web site: http://policy.ssa.gov/erm/ 

rules.nsf/5da82b031 

a6677dc85256b41006b7f8d/ 

a37bb476cb 227bdd85256b410067a74d? 

OpenDocument.

This NPRM proposed to revise the 

criteria in the Listings that we use to 

evaluate claims involving impairments 

of the digestive system. We explained in 

the proposed rules that we were revising 

and removing several of the chronic 

liver disease listings because of the 

progress in medical and surgical 

advancements in treating these diseases. 

When we published the NPRM, we 

provided a 60-day comment period that 

ended January 14, 2002. We have 

reviewed and considered all the 

comments we received during the 

comment period. However, we received 

few comments regarding our proposed 

revisions to the listings that specifically 

involve chronic liver disease. Because 

we believe that the revisions we propose 

are significant, we want to ensure that 

the public has another opportunity to 

review and comment on those proposals 

involving the evaluation of chronic liver 

disease. In order to allow the public 

sufficient time to review and comment 

on our proposals, we have decided to 

provide an additional 60-day comment 

period within which to comment on our 

proposal to revise and remove several of 

the listings for evaluating chronic liver 

disease. If you have already provided 

comments on the proposals, your 

comments will be considered and you 

do not need to resubmit them.

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Proposed Rules 64703

Dated: November 1, 2004. 

Jo Anne B. Barnhart, 

Commissioner of Social Security.

[FR Doc. 04–24782 Filed 11–5–04; 8:45 am] 

BILLING CODE 4191–02–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R05–OAR–2004–IN–0004; FRL–7820–5] 

Approval and Promulgation of 

Implementation Plans; Indiana

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing to 

approve revisions to volatile organic 

compound (VOC) requirements for Eli 

Lilly and Company (Eli Lilly). This 

facility is in Marion County, Indiana. 

The Indiana Department of 

Environmental Management (IDEM) 

submitted a Commissioner’s Order 

requesting the revision on February 11, 

2004 as an amendment to the Indiana 

State Implementation Plan (SIP). 

Eli Lilly operates a synthesized 

pharmaceutical manufacturing facility 

in Marion County. This SIP revision 

covers new and existing sources in Eli 

Lilly’s Building 110 pilot plant. Eli Lilly 

is seeking an exemption from 326 

Indiana Administrative Code (IAC) 8–5–

3, control requirements for synthesized 

pharmaceutical manufacturing, under 

the site-specific reasonably available 

control technology (RACT) rule, 326 

IAC 8–1–5. Eli Lilly is seeking this 

exemption for reactors, filters, 

centrifuges, and vacuum dryers. Other 

Building 110 sources such as air dryers, 

in-process tanks, and storage tanks 

comply with 326 IAC 8–5–3. The total 

VOC annual emissions from Building 

110 are limited to less than 10 tons per 

year (TPY).

DATES: The EPA must receive written 

comments by December 8, 2004.

ADDRESSES: Submit comments, 

identified by Docket ID No. R05–OAR–

2004–IN–0004 by one of the following 

methods: Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. E-mail: bortzer.jay@epa.gov.,

Fax: (312) 886–5824. Mail: You may 

send written comments to: J. Elmer 

Bortzer, Chief, Air Programs Branch, 

(AR–18J), Environmental Protection 

Agency, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

Hand delivery: Deliver your 

comments to: J. Elmer Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. R05–OAR–2004–IN–

0004. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov, or email. The Federal regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD-ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document.

Docket: All documents in the docket 

are listed in the EDOCKET index at 

http://www.epa.gov/edocket. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available either 

electronically in EDOCKET or in hard 

copy at Environmental Protection 

Agency, Region 5, Air and Radiation 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. (We recommend 

that you telephone Matt Rau, 

Environmental Engineer, at (312) 886–

6524 before visiting the Region 5 office.) 

This Facility is open from 8:30 AM to 

4:30 PM, Monday through Friday, 

excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Matt 

Rau, Environmental Engineer, Criteria 

Pollutant Section, Air Programs Branch 

(AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, Telephone: (312) 886–6524.

SUPPLEMENTARY INFORMATION:

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean 

the EPA.

Table of Contents 

I. What Actions Are the EPA Taking Today? 

II. General Information. 

III. Where Can I Find More Information 

About This Proposal and the 

Corresponding Direct Final Rule?

I. What Actions Are the EPA Taking 

Today? 

EPA is proposing to approve revisions 

to VOC requirements for the Eli Lilly 

pharmaceutical manufacturing facility 

in Marion County, Indiana. The 

revisions include an exemption from the 

control requirements of 326 IAC 8–5–3 

for reactors, centrifuges, filters, and 

vacuum dryers in Building 110, the 

pilot plant for Eli Lilly. This exemption 

can be approved under Indiana’s sitespecific RACT rule, 326 IAC 8–1–5. 

Another revision is that Eli Lilly can 

now add research and development 

equipment to Building 110 without a 

new SIP revision. Eli Lilly will follow 

the appropriate RACT plan for any new 

equipment and keep the total annual 

VOC limit for Building 110 to less than 

10 TPY. 

II. General Information 

What Should I Consider as I Prepare My 

Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through EDOCKET, 

regulations.gov, or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments.

When submitting comments, remember 

to: