Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 65241

6See Securities Exchange Act Release No. 50405 

(Sept. 16, 2004); 69 FR 57118 (Sept. 23, 2004) (SR–

NASD–2004–071).

7Telephone conversation between Jeffrey S. 

Davis, Associate Vice President and Associate 

General Counsel, Nasdaq, and Terri L. Evans, 

Special Counsel, Commission, on November 4, 2004 

(replacing the word ‘‘close’’ with ‘‘opening’’).

8Nasdaq established a similar pilot fee waiver 

with respect to the Nasdaq Closing Cross. See

Securities Exchange Act Release No. 49576 (April 

16, 2004); 69 FR 22112 (April 23, 2004) (SR–NASD–

2004–048).

9Nasdaq would consider extending the pilot if 

more information is needed at the end of the threemonth period.

10 10 15 U.S.C. 78o–3.

11 15 U.S.C. 78o–3(b)(5).

12 15 U.S.C. 78s(b)(3)(a)(ii).

13 17 CFR 240.19b–4(f)(2). 14 17 CFR 200.30–3(a)(12).

most liquid Nasdaq stocks.6 The Nasdaq 

Opening Cross is designed to create a 

more robust opening 7 that allows for 

price discovery, and an execution that 

results in an accurate, tradable opening 

price. Nasdaq is seeking to establish a 

three-month pilot program, commencing 

with the launch of the Opening Cross, 

during which no Nasdaq Market Center 

execution charges will be charged, and 

no liquidity provider credits will be 

offered, for those quotes and orders 

executed in the Nasdaq market center as 

part of the Nasdaq Opening Cross.8 The 

pilot program will enable Nasdaq to 

evaluate more accurately the 

effectiveness of the Opening Cross in 

establishing the NOOP by eliminating 

any pricing disincentives that could 

arise as a result of a price schedule not 

established on the basis of actual trading 

data. During the pilot program, Nasdaq 

staff will study the behavior and 

participation in the Opening Cross to 

determine the optimum pricing 

schedule.9

2. Statutory Basis 

Nasdaq believes that the proposed 

rule change is consistent with the 

provisions of section 15A of the Act,10

in general, and with section 15A(b)(5) of 

the Act,11 in particular, in that it 

provides for the equitable allocation of 

reasonable dues, fees and other charges 

among members and issuers and other 

persons using any facility or system 

which the NASD operates or controls. 

Nasdaq believes that the proposed pilot 

program is an equitable allocation of 

fees because the program will apply 

equally to all members whose quotes 

and orders are executed as part of the 

Nasdaq Opening Cross. Furthermore, 

Nasdaq believes that the program is 

reasonable because it will allow Nasdaq, 

for a limited period of time, to analyze 

participation in the process and use the 

results to create an optimum fee 

schedule based on actual trading data.

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

Nasdaq does not believe that the 

proposed rule change will result in any 

burden on competition that is not 

necessary or appropriate in furtherance 

of the purposes of the Act, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change has become 

immediately effective pursuant to 

section 19(b)(3)(A)(ii) of the Act 12 and 

subparagraph (f)(2) of Rule 19b–4 

thereunder,13 because it establishes or 

changes a due, fee, or other charge 

imposed by Nasdaq. At any time within 

60 days of the filing of the proposed rule 

change, the Commission may summarily 

abrogate such rule change if it appears 

to the Commission that such action is 

necessary or appropriate in the public 

interest, for the protection of investors, 

or otherwise in furtherance of the 

purposes of the Act.

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NASD–2004–161 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Jonathan G. Katz, Secretary, 

Securities and Exchange Commission, 

450 Fifth Street, NW., Washington, DC 

20549–0609. 

All submissions should refer to File 

Number SR–NASD–2004–161. This file 

number should be included on the 

subject line if e-mail is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for inspection and copying in 

the Commission’s Public Reference 

Section, 450 Fifth Street, NW., 

Washington, DC 20549. Copies of such 

filing also will be available for 

inspection and copying at the principal 

office of the NASD. All comments 

received will be posted without change; 

the Commission does not edit personal 

identifying information from 

submissions. You should submit only 

information that you wish to make 

available publicly. 

All submissions should refer to File 

Number SR–NASD–2004–161 and 

should be submitted on or before 

December 1, 2004.

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.14

J. Lynn Taylor, 

Assistant Secretary.

[FR Doc. E4–3125 Filed 11–9–04; 8:45 am] 

BILLING CODE 8010–01–P

DEPARTMENT OF STATE

[Public Notice 4889] 

Bureau of Political-Military Affairs: 

Directorate of Defense Trade Controls; 

Notifications to the Congress of 

Proposed Commercial Export Licenses

AGENCY: Department of State.

ACTION: Notice.

SUMMARY: Notice is hereby given that 

the Department of State has forwarded 

the attached Notifications of Proposed 

Export Licenses to the Congress on the 

dates shown on the attachments 

pursuant to sections 36(c) and 36(d) and 

in compliance with section 36(f) of the 

Arms Export Control Act (22 U.S.C. 

2776).

EFFECTIVE DATE: As shown on each of 

the nineteen letters.

FOR FURTHER INFORMATION CONTACT: Mr. 

Peter J. Berry, Director, Office of Defense 

Trade Controls Licensing, Directorate of 

Defense Trade Controls, Bureau of 

65242 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 

Political-Military Affairs, Department of 

State (202) 663–2700.

SUPPLEMENTARY INFORMATION: Section 

36(f) of the Arms Export Control Act 

mandates that notifications to the 

Congress pursuant to sections 36(c) and 

36(d) must be published in the Federal 

Register when they are transmitted to 

Congress or as soon thereafter as 

practicable.

Dated: November 2, 2004. 

Peter J. Berry,

Director, Office of Defense Trade Controls 

Licensing, Directorate of Defense Trade 

Controls, Bureau of Political-Military Affairs, 

Department of State.

September 8, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) and (d) of the 

Arms Export Control Act, I am transmitting, 

herewith, certification of a proposed 

manufacturing license agreement for the 

manufacture of significant military 

equipment abroad and the export of defense 

articles or defense services in the amount of 

$100,000,000 or more. 

The transaction contained in the attached 

certification involves the export of defense 

services, technical data and defense articles 

to Germany to support the manufacture of 

PAC–3 (Patriot Advanced Capability) 

Missiles. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations.

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 072–04

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 13, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles or defense 

services sold commercially under a contract 

in the amount of $50,000,000 or more. 

The transaction contained in the attached 

certification involves the export of technical 

data, defense services and hardware to Israel 

for the production of AN/APG–68(V)9 radar 

antenna LRU, transmitter LRU, antenna and 

transmitter subassemblies and test equipment 

for end-use in Israel, Greece, Singapore, 

Chile, Oman and Poland. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 077–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 14, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) and (d) of the 

Arms Export Control Act, I am transmitting, 

herewith, certification of a proposed 

manufacturing license agreement for the 

manufacture of significant military 

equipment abroad and the export of defense 

articles or defense services in the amount of 

$100,000,000 or more. 

The transaction contained in the attached 

certification involves the export of defense 

services, technical data and defense articles 

for the manufacture in Japan of the AN/APG–

63(V)1 Radar System Retrofit Kits for the 

Japanese Defense Agency. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 076–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 14, 2004.

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles that are 

firearms controlled under category I of the 

United States Munitions List sold 

commercially under a contract in the amount 

of $1,000,000 or more. 

The transaction contained in the attached 

certification involves the export of 554 M4 

carbines with 100 M–203 grenade launchers 

and supporting equipment to the Italian 

Ministry of Defense, Military Police. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 075–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 14, 2004 

Dear Mr. Speaker: 

Pursuant to Section 36(d) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed 

manufacturing license agreement for the 

manufacture of significant military 

equipment abroad. 

The transaction described in the attached 

certification involves the transfer of technical 

data, assistance and manufacturing knowhow to Spain for the manufacture of M76 

periscopes and components of the M86 

Optronic Masts for the S–80 Submarines for 

end use by the Spanish Navy. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 074–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 14, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(d) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed 

manufacturing license agreement for the 

manufacture of significant military 

equipment abroad. 

The transaction contained in the attached 

certification involves the export of technical 

data and defense services to Egypt for the 

manufacture, assembly and test training for 

assembly of the AN/VVS–2(V)4, AN/VVS–

1924 and AN/VVS YPR Night Driver’s 

Viewers for the Egyptian Government. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 65243

Enclosure: Transmittal No. DDTC 070–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 14, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles or defense 

services sold commercially under a contract 

in the amount of $100,000,000 or more. 

The transaction contained in the attached 

certification involves the export to Canada of 

technical data and defense services necessary 

for the manufacture in Canada of Exhaust 

Frame Assemblies and Front Frame 

Assembly for F404 and F414 Aircraft Engines 

for end-use in U.S. aircraft. This is an 

increase in scope and continuation of an ongoing contract signed between the parties in 

1991.

The United States Government is prepared 

to license the export of this manufacturing 

know-how having taken into account 

political, military, economic, human rights 

and arms control considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 058–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 14, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles or defense 

services sold commercially under a contract 

in the amount of $100,000,000 or more. 

The transaction contained in the attached 

certification involves the export of technical 

data, defense services and hardware to 

Germany to support the manufacturing of 

solid polymer electrolyte fuel cell batteries 

for use in U212 and U214 diesel submarines. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 055–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 15, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles or defense 

services sold commercially under a contract 

in the amount of $100,000,000 or more. 

The transaction contained in the attached 

certification involves the export of twelve 

modified S–92A helicopters with related 

spare parts, to DHC Helicopter Corporation, 

Canada to perform offshore oil operations, 

civil search and rescue, and other civil 

missions in Canada. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 073–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 16, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles or defense 

services sold commercially under a contract 

in the amount of $100,000,000 or more. 

The transaction contained in the attached 

certification involves the export of technical 

data, defense services and hardware to 

Australia for the refurbishment and upgrade 

of mission systems equipment on 18 P–3C 

Orion aircraft owned by the Royal Australian 

Air Force. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely, 

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 069–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 16, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles or defense 

services sold commercially under a contract 

in the amount of $100,000,000 or more. 

The transaction contained in the attached 

certification involves the export to Germany 

of technical data, defense services and 

hardware for the manufacture of components 

for the Patriot Advanced Capability (PAC–3) 

Missile for use in the U.S. and Foreign 

Military Sales (FMS) projects. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 061–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 16, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles or defense 

services sold commercially under a contract 

in the amount of $50,000,000 or more. 

The transaction contained in the attached 

certification involves the export to India of 

sixteen F404-GE-IN20 aircraft engines, 

technical data and defense services necessary 

for operation, organizational and I–3 

maintenance, and to refurbish one of the 

eleven engines notified under DTC 19–87 for 

the Light Combat Aircraft of the Indian 

Government. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 057–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 24, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) and (d) of the 

Arms Export Control Act, I am transmitting, 

herewith, certification of a proposed 

manufacturing license agreement for the 

manufacture of significant military 

equipment abroad and the export of defense 

65244 Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 

articles or defense services in the amount of 

$100,000,000 or more. 

The transaction contained in the attached 

certification involves the export of technical 

data and defense services to the United 

Kingdom and Italy for the manufacture, 

production, maintenance, modification and 

integration of 2,303 Paveway IV Weapon 

System on aircraft in the inventory of the 

United Kingdom Ministry of Defence. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 047–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

September 28, 2004. 

Dear Mr. Speaker:

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed lease of 

defense articles or defense services in the 

amount of $100,000,000 or more. 

The transaction contained in the attached 

certification involves the ten-year lease of 

fourteen (14) Gripen Aircraft containing U.S.-

origin content and spare parts, ground 

support equipment and integrated logistics 

support, from Sweden to the Government of 

the Czech Republic. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 078–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

October 6, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of major defense equipment 

and defense articles in the amount of 

$50,000,000 or more. 

The transaction contained in the attached 

certification involves the export of technical 

data, defense services and hardware to 

France, Russia, Spain, Sweden and 

Kazakhstan for the launch of the Galaxy XIV 

commercial satellite to be owned and 

operated by a U.S. company. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC: 079–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

October 6, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for export of defense articles or defense 

services sold commercially under a contract 

in the amount of $50,000,000 or more. 

The transaction described in the attached 

certification involves the transfer of technical 

data, assistance and defense articles to Israel 

for the sale of the MATBAT Phase II combat 

simulator for the Israeli Ministry of Defense. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely,

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 049–04A.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

October 7, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for export of defense articles or defense 

services sold commercially under a contract 

in the amount of $50,000,000 or more. 

The transaction described in the attached 

certification involves the transfer of technical 

data, assistance and defense articles to the 

United Kingdom and France for the 

integration and sale of CTS800–4F engines 

into the FutureLynx Helicopter for the UK 

Ministry of Defence. Sublicensees may 

include foreign nationals from Belgium, 

Canada, Czech Republic, Denmark, Germany, 

Greece, Hungary, Iceland, Italy, Luxembourg, 

the Netherlands, Norway, Poland, Portugal, 

Spain, Turkey, Australia and Ireland. Testing 

of the engines will be performed in Sweden, 

and Morocco.

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely, 

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 042–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

October 12, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting, 

herewith, certification of a proposed license 

for the export of defense articles that are 

firearms controlled under category I of the 

United States Munitions List sold 

commercially under a contract in the amount 

of $1,000,000 or more. 

The transaction contained in the attached 

certification involves the export of revolvers 

and pistols (calibers .17, .22, .32, .38, .357, 

.40, .41, .44, .45, .50, 9mm and .10mm) for 

export to Belgium for distribution to 

governments and private entities in the 

following sales territories: Austria, Belgium, 

Czech Republic, Denmark, Finland, France, 

Germany, Greece, Hungary, Italy, Ireland, 

Luxembourg, Netherlands, Norway, Portugal, 

Poland, Spain, Sweden, Switzerland and 

United Kingdom. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely, 

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 080–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

October 15, 2004. 

Dear Mr. Speaker: 

Pursuant to Section 36(c) of the Arms 

Export Control Act, I am transmitting 

herewith, certification of a proposed license 

for the export of major defense equipment 

and defense articles in the amount of 

$50,000,000 or more. 

The transaction contained in the attached 

certification involves the export of technical 

data, defense services and controlled 

hardware to support continued cooperation 

Federal Register / Vol. 69, No. 217 / Wednesday, November 10, 2004 / Notices 65245

in Japan’s Galaxy Express space launch 

vehicle program. 

The United States Government is prepared 

to license the export of these items having 

taken into account political, military, 

economic, human rights and arms control 

considerations. 

More detailed information is contained in 

the formal certification which, though 

unclassified, contains business information 

submitted to the Department of State by the 

applicant, publication of which could cause 

competitive harm to the United States firm 

concerned.

Sincerely, 

Paul V. Kelly, 

Assistant Secretary Legislative Affairs.

Enclosure: Transmittal No. DDTC 087–04.

The Honorable J. Dennis Hastert, Speaker of 

the House of Representatives.

Dated: November 4, 2004. 

Peter J. Berry, 

Director, Office of Defense Trade Controls 

Licensing, Department of State.

[FR Doc. 04–25107 Filed 11–9–04; 8:45 am] 

BILLING CODE 4710–25–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34601] 

Union Pacific Railroad Company—

Trackage Rights Exemption—The 

Burlington Northern and Santa Fe 

Railway Company 

The Burlington Northern and Santa Fe 

Railway Company (BNSF) has agreed to 

grant overhead trackage rights to Union 

Pacific Railroad Company (UP) over 

BNSF’s rail line between BNSF milepost 

0.0 (Tower 55) and BNSF milepost 4.8 

(New Connection) near Fort Worth, TX, 

a distance of approximately 4.8 miles. 

The transaction was scheduled to be 

consummated on October 29, 2004. 

The purpose of the trackage rights is 

to facilitate directional running by UP 

and BNSF in the Fort Worth area. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk and 

Western Ry. Co.—Trackage Rights—BN, 

354 I.C.C. 605 (1978), as modified in 

Mendocino Coast Ry., Inc.—Lease and 

Operate, 360 I.C.C. 653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If the notice contains false 

or misleading information, the 

exemption is void ab initio. Petitions to 

revoke the exemption under 49 U.S.C. 

10502(d) may be filed at any time. The 

filing of a petition to revoke will not 

automatically stay the transaction. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 34601, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW, Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Robert T. 

Opal, 1400 Douglas Street, STOP 1580, 

Omaha, NE 68179. 

Board decisions and notices are 

available on our Web site at ‘‘http://

www.stb.dot.gov.’’

Decided: November 3, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–24901 Filed 11–9–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Docket No. AB–57 (Sub–No. 55X)] 

Soo Line Railroad Company—

Abandonment Exemption—in 

Milwaukee County, WI 

On October 21, 2004, Soo Line 

Railroad Company (Soo Line) filed with 

the Surface Transportation Board a 

petition under 49 U.S.C. 10502 for 

exemption from the provisions of 49 

U.S.C. 10903 to abandon a 5-mile line 

of railroad known as the West Allis 

Line, extending from milepost 88.2 +/¥

near the State Highway 41 crossing in 

Milwaukee to milepost 93.2 +/¥ near 

North 123rd Street in Wauwatosa, in 

Milwaukee County, WI. The line 

traverses United States Postal Service 

Zip Codes 53215, 53295, 53214, and 

53226. 

The line does not contain federally 

granted rights-of-way. Any 

documentation in Soo Line’s possession 

will be made available promptly to 

those requesting it. 

The interest of railroad employees 

will be protected by the conditions set 

forth in Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). 

By issuing this notice, the Board is 

instituting an exemption proceeding 

pursuant to 49 U.S.C. 10502(b). A final 

decision will be issued by February 8, 

2005. 

Any offer of financial assistance 

(OFA) will be due no later than 10 days 

after service of a decision granting the 

petition for exemption. See 49 CFR 

1152.27(b)(2). Each OFA must be 

accompanied by a $1,200 filing fee. See

49 CFR 1002.2(f)(25). 

All interested persons should be 

aware that, following abandonment of 

rail service and salvage of the line, the 

line may be suitable for other public 

use, including interim trail use. Any 

request for a public use condition under 

49 CFR 1152.28 or for trail use/rail 

banking under 49 CFR 1152.29 will be 

due no later than November 30, 2004. 

Each trail use request must be 

accompanied by a $200 filing fee. See 49 

CFR 1002.2(f)(27). 

All filings in response to this notice 

must refer to STB Docket No. AB–57 

(Sub-No. 55X) and must be sent to: (1) 

Surface Transportation Board, 1925 K 

Street, NW., Washington, DC 20423–

0001; and (2) Annie Littlefield, 150 

South 5th Street, Suite 2300, 

Minneapolis, MN 55402. Replies to the 

Soo Line petition are due on or before 

November 30, 2004. 

Persons seeking further information 

concerning abandonment procedures 

may contact the Board’s Office of Public 

Services at (202) 565–1592 or refer to 

the full abandonment or discontinuance 

regulations at 49 CFR part 1152. 

Questions concerning environmental 

issues may be directed to the Board’s 

Section of Environmental Analysis 

(SEA) at (202) 565–1539. [Assistance for 

the hearing impaired is available 

through the Federal Information Relay 

Service (FIRS) at 1–800–877–8339.] 

An environmental assessment (EA) (or 

environmental impact statement (EIS), if 

necessary), prepared by SEA, will be 

served upon all parties of record and 

upon any agencies or other persons who 

commented during its preparation. 

Other interested persons may contact 

SEA to obtain a copy of the EA (or EIS). 

EAs in these abandonment proceedings 

normally will be made available within 

60 days after the filing of the petition. 

The deadline for submission of 

comments on the EA will generally be 

within 30 days of its service. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: November 3, 2004.

By the Board, David M. Director, Office of 

Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–25053 Filed 11–9–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY

Submission for OMB Review; 

Comment Request 

November 2, 2004. 

The Department of Treasury has 

submitted the following public 

information collection requirement(s) to 

OMB for review and clearance under the