Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64659

PART 744—[AMENDED]

■ 3. The authority citation for 15 CFR 

part 744 continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–

387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43 

FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 12947, 60 FR 5079, 3 

CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 

58767, 3 CFR, 1996 Comp., p. 228; E.O. 

13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 

208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; E.O. 13224, 66 FR 49079, 3 

CFR, 2001 Comp., p. 786; Notice of October 

29, 2003, 68 FR 62209, 3 CFR, 2003 Comp., 

p. 347; Notice of August 6, 2004, 69 FR 48763 

(August 10, 2004).

■ 4. Section 744.3 is amended by 

revising the section heading and 

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

follows:

§ 744.3 Restrictions on Certain Rocket 

Systems (including ballistic missile 

systems and space launch vehicles and 

sounding rockets) and Unmanned Air 

Vehicles (including cruise missile systems, 

target drones and reconnaissance drones) 

End-Uses. 

(a) General prohibition. In addition to 

the license requirements for items 

specified on the CCL, you may not 

export, reexport, or transfer (in-country) 

an item subject to the EAR, without a 

license if at the time of the export, 

reexport or transfer you know the item: 

(1) Will be used in the design, 

development, production or use of 

rocket systems or unmanned air 

vehicles capable of a range of at least 

300 kilometers in or by a country listed 

in Country Group D:4 of Supplement 

No. 1 to part 740 of the EAR. 

(2) Will be used, anywhere in the 

world, in rocket systems or unmanned 

air vehicles, regardless of range 

capabilities, for the delivery of 

chemical, biological, or nuclear 

weapons; or 

(3) Will be used in the design, 

development, production or use of any 

rocket systems or unmanned air 

vehicles in or by a country listed in 

Country Group D:4, but you are unable 

to determine: 

(i) The characteristics (i.e., range 

capabilities) of the rocket systems or 

unmanned air vehicles, or 

(ii) Whether the rocket systems or 

unmanned air vehicles, regardless of 

range capabilities, will be used in a 

manner prohibited under paragraph 

(a)(2) of this section.

Note to paragraph (a) of this section: For 

the purposes of this section, ‘‘Rocket 

Systems’’ include, but are not limited to, 

ballistic missile systems, space launch 

vehicles, and sounding rockets. Also, for the 

purposes of this section, ‘‘unmanned air 

vehicles’’ include, but are not limited to, 

cruise missile systems, target drones and 

reconnaissance drones.

(b) Additional prohibition. BIS may 

inform, either individually, by specific 

notice, or generally through amendment 

to the EAR, that a license is required for 

a specific export, reexport or transfer of 

specified items to a certain end-user, 

anywhere in the world, because there is 

an unacceptable risk of use in or 

diversion to activities described in 

paragraphs (a)(1) or (a)(2) of this section. 

Specific notice is to be given only by, 

or at the direction of, the Deputy 

Assistant Secretary for Export 

Administration. When such notice is 

provided orally, it will be followed by 

a written notice within two working 

days signed by the Deputy Assistant 

Secretary for Export Administration. 

However, the absence of any such 

notification does not excuse noncompliance with the license 

requirements of paragraphs (a)(1), (a)(2), 

or (a)(3) of this section.

* * * * *

(d) License Review Standards. (1) 

Applications to export, reexport or 

transfer the items subject to this section 

will be considered on a case-by-case 

basis to determine whether the export, 

reexport or transfer would make a 

material contribution to the 

proliferation of certain rocket systems, 

or unmanned air vehicles. When an 

export, reexport or transfer is deemed to 

make a material contribution, the 

license will be denied. 

(2) The following factors are among 

those that will be considered to 

determine what action should be taken 

on an application required by this 

section: 

(i) The specific nature of the end use; 

(ii) The significance of the export, 

reexport or transfer in terms of its 

contribution to the design, 

development, production or use of 

certain rocket systems or unmanned air 

vehicles; 

(iii) The capabilities and objectives of 

the rocket systems or unmanned air 

vehicles of the recipient country; 

(iv) The nonproliferation credentials 

of the importing country; 

(v) The types of assurances or 

guarantees against design, development, 

production, or use for certain rocket 

system or unmanned air vehicle 

delivery purposes that are given in a 

particular case; and 

(vi) The existence of a pre-existing 

contract.

Dated: October 27, 2004. 

Peter Lichtenbaum, 

Assistant Secretary for Export 

Administration.

[FR Doc. 04–24857 Filed 11–5–04; 8:45 am] 

BILLING CODE 3510–33–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory 

Commission 

18 CFR Part 375

[Docket No. RM04–13–000] 

Delegations of Authority 

Issued November 1, 2004.

AGENCY: Federal Energy Regulatory 

Commission.

ACTION: Final rule.

SUMMARY: The Federal Energy 

Regulatory Commission is amending its 

regulations governing delegations of 

authority to reflect a recent internal 

reorganization. The change is necessary 

to transfer certain authority to the 

official now responsible for the affected 

functions.

EFFECTIVE DATE: The rule will become 

effective November 8, 2004.

FOR FURTHER INFORMATION CONTACT:

Wilbur Miller, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. 

(202) 502–8953.

SUPPLEMENTARY INFORMATION:

Before Commissioners: Pat Wood, III, 

Chairman; Nora Mead Brownell, Joseph T. 

Kelliher, and Suedeen G. Kelly.

Delegations of Authority; Docket No. 

RM04–13–000; Order No. 650; Final 

Rule 

1. This final rule revises the Federal 

Energy Regulatory Commission’s 

(Commission) regulations governing 

delegations of authority to reflect a 

recent internal reorganization. The 

changes will become effective 

immediately. 

2. The Commission’s Division of 

Regulatory Audits has been moved from 

the Office of the Executive Director 

(OED) to the Office of Market Oversight 

and Investigations (OMOI). It has been 

renamed the Division of Financial 

Audits (DFA). Among DFA’s duties are 

financial audits, in which it reviews the 

accounting records and financial 

statements of jurisdictional companies 

to determine if they are complying with 

requirements of the Uniform Systems of 

Accounts and related Regulations of the 

Commission. DFA also performs other 

types of audits, in which it reviews the

64660 Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 

1Order No. 486, 52 FR 47897 (Dec. 17, 1987), 

FERC Stats. & Regs., Regulations Preambles 1986–

1990, ¶ 30,783 (Dec. 10, 1987) (codified at 18 CFR 

part 380).

2 18 CFR 380.4(1) and (5).

3 5 U.S.C. 601–612.

performance of a program, activity, or 

function in order to provide information 

to improve public accountability and 

facilitate decision-making by parties 

with responsibility to oversee or initiate 

corrective action. 

3. The transfer of DFA to OMOI 

requires several revisions to the 

delegations made by the Commission to 

the Director of OMOI, which are found 

at 18 CFR 375.314. The changes are as 

follows: 

• The phrase ‘‘non-financial’’ has 

been deleted from references to ‘‘nonfinancial audits’’ or ‘‘non-financial 

auditing’’ in subsections (i) and (k). 

• Subsection (j) is being revised to 

include the authority to pass upon 

actual legitimate original cost and 

depreciation thereon, and net 

investment in jurisdictional companies 

under the conditions contained in that 

provision. 

• New subsection (1) is being added 

to allow the Director of OMOI to 

approve corrective measures with regard 

to billing errors, where the company 

agrees.

Parallel revisions are being made to 

delete these authorities from the 

Executive Director’s delegations, 

contained in 18 CFR 375.312. 

4. In addition, the Commission’s 

Division of Regulatory Accounting 

Policy has been moved from OED to the 

Office of Markets, Tariffs and Rates. 

Accounting Policy currently is headed 

by the Commission’s Chief Accountant. 

The Commission’s regulations, at 18 

CFR 375.303, already contain several 

delegations made directly to the Chief 

Accountant; these delegations remain 

unchanged, although they are being 

renumbered in this rule. The following 

delegations are being added to § 375.303 

to reflect the move from OED:

• The ability to sign correspondence 

relating to financial matters is added in 

new subsection (a). 

• New subsection (b) is being added 

to include the authority to pass upon 

actual legitimate original cost and 

depreciation thereon, and net 

investment in jurisdictional companies 

under the conditions contained in that 

provision. 

• New subsection (h) is being added 

to include the authority to pass upon 

requests for waiver under parts 352 and 

356, except in matters that are 

controversial or involve unusually large 

transactions.

As with the changes related to OMOI, 

parallel changes are being made to 

delete these authorities from the 

Executive Director’s delegations. 

Information Collection Statement 

5. The Office of Management and 

Budget’s (OMB) regulations require that 

OMB approve certain information 

collection requirements imposed by 

agency rule. 5 CFR part 1320. This final 

rule contains no information reporting 

requirements and thus is not subject to 

OMB approval. 

Environmental Analysis 

6. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.1 The Commission has 

categorically excluded certain actions 

from this requirement as not having a 

significant effect on the human 

environment. Included is an exemption 

for procedural, ministerial or internal 

administrative actions.2 This 

rulemaking is exempt under that 

provision.

Regulatory Flexibility Act Certification 

7. The Regulatory Flexibility Act of 

1980 (RFA) 3 generally requires a 

description and analysis of final rules 

that will have significant economic 

impact on a substantial number of small 

entities. This final rule concerns a 

matter of internal agency procedure and 

the Commission therefore certifies that 

it will not have such an impact. An 

analysis under the RFA is not required.

Document Availability 

8. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through 

FERC’s home page (http://www.ferc.gov) 

and in FERC’s Public Reference Room 

during normal business hours (8:30 a.m. 

to 5 p.m. eastern time) at 888 First 

Street, NE., Room 2A, Washington, DC 

20426. 

9. From FERC’s home page on the 

Internet, this information is available in 

the Commission’s document 

management system, eLibrary. The full 

text of this document is available on 

eLibrary in PDF and Microsoft Word 

format for viewing, printing, and/or 

downloading. To access this document 

in eLibrary, type the docket number 

excluding the last three digits of this 

document in the docket number field. 

10. User assistance is available for 

eLibrary and the FERC’s Web site during 

normal business hours. For assistance, 

please contact FERC Online Support at 

1–866–208–3676 (toll free) or 202–502–

6652 (e-mail at 

FERCOnlineSupport@FERC.gov), or the 

Public Reference Room at 202–502–

8371, TTY 202–502–8659 (e-mail at 

public.referenceroom@ferc.gov). 

Effective Date and Congressional 

Notification 

11. In accordance with 5 U.S.C. 

553(d)(3), the Commission finds that 

good cause exists to make this final rule 

effective immediately upon issuance. 

This rule affects only matters of internal 

organization. It will have no impact 

upon the rights of outside parties. The 

Commission further finds that a period 

for public comment on this rule is 

unnecessary. Under 5 U.S.C. 553(b), 

notice and comment procedures are 

unnecessary where a rulemaking 

concerns only agency procedure and 

practice, or where the agency finds that 

notice and comment is unnecessary. 

This rule concerns only matters of 

internal agency procedure and will not 

significantly affect regulated entities or 

the general public. 

12. The provisions of 5 U.S.C. 801 

regarding Congressional review of final 

rules do not apply to this final rule, 

because the rule concerns agency 

procedure and practice and will not 

substantially affect the rights of nonagency parties.

List of Subjects in 18 CFR Part 375

Authority delegations (Government 

agencies), Seals and insignia, Sunshine 

Act.

By the Commission. 

Linda Mitry, 

Deputy Secretary.

■ In consideration of the foregoing, the 

Commission amends part 375, chapter I, 

title 18, Code of Federal Regulations, as 

follows.

PART 375—THE COMMISSION

■ 1. The authority citation for part 375 

continues to read as follows:

Authority: 5 U.S.C. 551–557; 15 U.S.C. 

717–717w, 3301–3432; 16 U.S.C. 791–825r, 

2601–2645; 42 U.S.C. 7101–7352.

■ 2. Section 375.303 is amended by 

redesignating paragraphs (a) through (e) 

as paragraphs (c) through (g), and by 

adding new paragraphs (a), (b), and (h) 

as follows:

Federal Register / Vol. 69, No. 215 / Monday, November 8, 2004 / Rules and Regulations 64661

§ 375.303 Delegations to the Chief 

Accountant. 

The Commission authorizes the Chief 

Accountant or the Chief Accountant’s 

designee to: 

(a) Sign all correspondence with 

respect to financial accounting and 

reporting matters on behalf of the 

Commission. 

(b) Pass upon actual legitimate 

original cost and depreciation thereon 

and the net investment in jurisdictional 

companies and revisions thereof.

* * * * *

(h) Deny or grant, in whole or in part, 

requests for waiver of the requirements 

of parts 352 and 356 of this chapter, 

except if the matters involve unusually 

large transactions or unique or 

controversial features, the Chief 

Accountant must present the matters to 

the Commission for consideration.

§ 375.312 [Amended]

■ 3. Section 375.312 is amended by 

removing paragraphs (a) through (e), and 

by redesignating paragraphs (f) through 

(n) as paragraphs (a) through (i).

§ 375.314 [Amended]

■ 4. Section 375.314 is amended by 

removing the phrase ‘‘non-financial’’

from paragraphs (i) and (k), and by 

revising paragraph (j) and adding new 

paragraph (l) to read as follows:

§ 375.314 Delegations to the Director of 

the Office of Market Oversight and 

Investigations.

* * * * *

(j) Pass upon actual legitimate original 

cost and depreciation thereon and the 

net investment in jurisdictional 

companies and revisions thereof, and 

sign audit reports involving 

jurisdictional companies, 

(1) If the company agrees with the 

audit report, or 

(2) If the company does not agree with 

the audit report, provided that any 

notification of the opportunity for a 

hearing required under Section 301(a) of 

the Federal Power Act or Section 8(a) of 

the Natural Gas Act accompanies the 

audit report.

* * * * *

(l) With regard to billing errors noted 

as a result of the Commission staff’s 

examination of automatic adjustment 

tariffs approved by the Commission, 

approve corrective measures, including 

recomputation of billings and refunds, 

to the extent the company agrees.

[FR Doc. 04–24813 Filed 11–5–04; 8:45 am] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R05–OAR–2004–IN–0004; FRL–7820–4] 

Approval and Promulgation of 

Implementation Plans; Indiana

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving 

revisions to volatile organic compound 

(VOC) requirements for Eli Lilly and 

Company (Eli Lilly) for a facility which 

it owns and operates in Marion County, 

Indiana. On February 11, 2004, the 

Indiana Department of Environmental 

Management (IDEM) submitted a 

Commissioner’s Order requesting the 

revision as an amendment to the 

Indiana State Implementation Plan 

(SIP). The February 11, 2004 submission 

supplements a December 19, 2001 

submission. 

Eli Lilly owns and 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 at 

Building 110. 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: This rule is effective on January 

7, 2005, unless the EPA receives 

relevant adverse written comments by 

December 8, 2004. If adverse comment 

is received, the EPA will publish a 

timely withdrawal of the rule in the 

Federal Register and inform the public 

that the rule will not take effect.

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–AR–2004–N–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 the related proposed rule which is 

published in the Proposed Rules section 

of this Federal Register.

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