Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 67503

1 69 FR 44981.

2The rule proposal indicated that the identical 

sections of applications seeking designation or 

registration as a DCM or DTEF under section 6(a) 

of the CEA would be publicly available.

3Commission Regulations 40.6(a) and 41.24.

4Commission Regulations 40.2 and 41.23.

5Commission Regulations 40.4(a) and 40.5.

6Commission Regulation 40.3.

7Commission Regulation 40.6(c).

‘‘Arkansas,’’ ‘‘Louisiana,’’ and 

‘‘Michigan,’’.

Done in Washington, DC, this 12th day of 

November 2004. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service.

[FR Doc. 04–25600 Filed 11–17–04; 8:45 am] 

BILLING CODE 3410–34–P

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Parts 40, 41, and 145

Confidential Information and 

Commission Records and Information

AGENCY: Commodity Futures Trading 

Commission.

ACTION: Final rules.

SUMMARY: The Commodity Futures 

Trading Commission is amending its 

regulations to specify which portions of 

an application for registration as a 

derivatives transaction execution 

facility (DTEF) or derivatives clearing 

organization (DCO), or for designation 

as a contract market (DCM), will be 

public. The amendments also 

implement a procedure requiring 

registered entities to submit a cover 

sheet for all rule submissions. 

Additionally, the Commission is 

updating its regulations under the 

Freedom of Information Act (FOIA) to 

implement expedited processing and 

increased time limits; revise the 

schedule of fees for FOIA requests; and 

correct certain provisions concerning 

publicly available records.

DATES: Effective December 20, 2004.

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov.

• Mail/Hand Deliver: Jean A. Webb, 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581. 

E-mail: secretary@cftc.gov.

FOR FURTHER INFORMATION CONTACT:

Eileen A. Donovan, Assistant Secretary 

to the Commission for FOIA Matters, 

(202) 418–5096, electronic mail: 

edonovan@cftc.gov, or David Steinberg, 

Attorney Advisor, (202) 418–5102, 

electronic mail: dsteinberg@cftc.gov,

Office of the Secretariat, Commodity 

Futures Trading Commission, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC 20581.

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Public Availability of Applications 

Submitted by DTEFs, DCOs, and DCMs 

On July 28, 2004, the Commission 

requested comment from the public 

regarding its proposal to specify that the 

following portions of DTEF, DCO, and 

DCM applications are publicly 

available:1 transmittal letter, proposed 

rules, the applicant’s regulatory 

compliance chart, documents 

establishing the applicant’s legal status 

(e.g., corporate charters), and documents 

setting forth the applicant’s governance 

structure.2 The proposed change to 

§ 40.8 addresses the absence in the 

Commission’s regulations of any 

guidance to applicants or the public 

about the availability of the 

applications.

In response to this proposal, the 

Commission received comment letters 

from the Chicago Mercantile Exchange 

(‘‘CME’’) and the Chicago Board of 

Trade (‘‘CBOT’’) (collectively, 

‘‘exchanges’’). Both exchanges noted 

strong support for the rule proposal, but 

requested that the Commission expand 

the proposal to make additional 

information public as a matter of course. 

The Commission has carefully 

considered the comments from the 

exchanges and does not believe the 

proposal should be expanded at this 

time. First, the exchanges contend that 

the Commission should ensure the 

public has the opportunity to comment 

meaningfully on the salient operational 

features of the proposed exchange, as 

well as any proposed plans that could 

adversely impact market integrity, such 

as payment for order flow or 

internalization plans. The CBOT also 

believes that applicant plans to allow or 

encourage trading off the centralized 

market should be public. The 

Commission understands the 

importance of interested parties being 

able to comment meaningfully on this 

information. The Commission notes that 

applicant plans regarding payment for 

order flow or internalization plans are 

either submitted in the rules section of 

the proposed application or may be part 

of the applicant’s future plans filed 

separately from the application. 

Applicant plans for trading off the 

centralized market are also submitted in 

the rules section of the proposal. Rules 

are defined in § 40.1 and are already 

generally considered public 

information. Consequently, the 

Commission does not believe it is 

necessary to separately list this 

information in § 40.8(a). 

Second, both exchanges assert that 

information concerning outsourcing 

arrangements upon which the applicant 

tends to rely should be made public. 

The CME notes that to the extent that an 

applicant proposes to outsource any of 

its operational, self-regulatory, or 

clearing functions, the public cannot 

provide the Commission with useful 

comments regarding the applicant’s 

proposed compliance with the 

Commodity Exchange Act’s core 

principles or designation criteria unless 

the key provisions are made public. 

Again, the Commission recognizes the 

importance of interested parties being 

able to comment on a proposed 

application, but must balance this with 

the intent of the applicant to protect 

commercially sensitive information. 

Outsourcing arrangements often include 

compliance and surveillance techniques 

and the public release of this 

information could cause competitive 

harm to the applicant. The Commission 

notes that § 40.8(a) is not intended to 

limit which applicant information will 

be released, but to specify the portions 

of an application that are automatically 

public and therefore would not be 

granted confidential treatment under 

any circumstances. Therefore, even 

though the Commission does not specify 

outsourcing information in § 40.8(a), 

portions of this material in a redacted 

form could still be made public if 

requested under the Freedom of 

Information Act. The Commission also 

notes that the rule states that any 

portion of the application not covered 

by a request for confidential treatment 

will also be made public. The 

Commission is committed to providing 

transparency in the application process 

and will continue to evaluate whether 

additional information should be 

included in § 40.8(a).

B. Appendix D—Submission Cover 

Sheet and Instructions and Public 

Availability of Rule Submissions 

The Commission proposed to amend 

the part 40 and 41 regulations requiring 

DTEFs, DCOs, and DTEFs to attach a 

Commission-generated submission 

cover sheet with all self-certified rules,3

self-certified products,4 rules submitted 

for Commission approval,5 products 

submitted for Commission approval,6

notifications of rule amendments,7 and

67504 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 

8Commission Regulation 40.4(b).

9 47 FR 18618–18621 (Apr. 30, 1982).

10 47 FR 18618, 18619 (April 30, 1982) 

(discussing contract markets); 66 FR 42256, 42268 

(August 10, 2001) (discussing DTEFs); 66 FR 45605, 

45609 (August 29, 2001) (discussing DCOs). 11Pub. L. 104–13 (May 13, 1995). 12 69 FR 44981 at 44984 (July 28, 2004).

non-material agricultural rule changes.8

This cover sheet will assist Commission 

staff in preparing and maintaining the 

accuracy of the submissions being 

published on the Commission’s website. 

The Commission also proposed adding 

appendix D to part 40 to include a copy 

of the submission cover sheet along 

with step-by-step instructions for 

completing and returning the form to 

the Commission. Although the 

Commission did not receive any public 

comments regarding this proposal, the 

Commission is amending the 

instructions in appendix D by adding an 

instruction to ensure that registered 

entities are fully aware that completing 

and returning the cover sheet to the 

Commission does not obviate the 

responsibility to comply with the other 

filing requirements for the underlying 

rule or rule amendment. The 

Commission has observed, during the 

past year of requesting the cover sheet, 

that some rule submissions have not 

been accompanied by all of the required 

components of the rule filing.

C. Freedom of Information Act 

Amendments 

The Commission did not receive any 

comments regarding the proposed 

amendments to 17 CFR part 145. 

Therefore, all of the proposed 

amendments are being adopted in the 

final rules. 

II. Related Matters 

A. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq. (2000), requires that 

agencies, in proposing regulations, 

consider the impact of those regulations 

on small entities. The regulations 

discussed herein would affect contract 

markets and other registered entities. 

The Commission has previously 

established certain definitions of ‘‘small 

entities’’ to be used by the Commission 

in evaluating the impact of its 

regulations in accordance with the 

RFA.9 In its previous determinations, 

the Commission has concluded that 

DCMs, DTEFs, and DCOs are not small 

entities for purposes of the RFA.10

The Commission has previously 

determined, pursuant to 5 U.S.C. 605(b), 

that part 145 regulations do not have a 

significant economic impact on a 

substantial number of small entities. 

Because they do not impose regulatory 

obligations on commodity professionals 

and small commodity firms and because 

the changes will improve public access 

to Commission records and information, 

the Commission does not expect the 

regulations to have a significant 

economic impact on a substantial 

number of small entities. 

In the proposed rules, the 

Commission solicited comment on 

whether the rules as proposed would 

have a significant impact on a 

substantial number of small entities. 

The Commission received no comments 

in response to this request. The 

Commission hereby determines that the 

rules, as adopted herein, will not have 

a significant impact on a substantial 

number of small entities. Therefore, the 

Chairman, on behalf of the Commission, 

hereby certifies, pursuant to 5 U.S.C. 

605(b), that the amendments will not 

have a significant impact on a 

substantial number of small entities. 

B. Paperwork Reduction Act 

As required by the Paperwork 

Reduction Act of 1995,11 the 

Commission submitted a copy of the 

proposed rule amendments to the Office 

of Management and Budget for its 

review. The Commission did not receive 

any public comments relative to its 

analysis of paperwork burdens 

associated with this rulemaking.

C. Cost-Benefit Analysis

Section 15(a) of the Act, as amended 

by section 119 of the CFMA, requires 

the Commission to consider the costs 

and benefits of its action before issuing 

a new regulation under the Act. By its 

terms, section 15(a) as amended does 

not require the Commission to quantify 

the costs and benefits of a new 

regulation or to determine whether the 

benefits of the regulation outweigh its 

costs. Rather, section 15(a) simply 

requires the Commission to ‘‘consider 

the costs and benefits’’ of its action. 

Section 15(a) of the Act further 

specifies that costs and benefits shall be 

evaluated in light of five broad areas of 

market and public concern: Protection 

of market participants and the public; 

efficiency, competitiveness, and 

financial integrity of futures markets; 

price discovery; sound risk management 

practices; and other public interest 

considerations. Accordingly, the 

Commission could in its discretion give 

greater weight to any one of the five 

enumerated areas and could in its 

discretion determine that, 

notwithstanding its costs, a particular 

rule was necessary or appropriate to 

protect the public interest or to 

effectuate any of the provisions or to 

accomplish any of the purposes of the 

Act. 

The Commission published an 

analysis of costs and benefits when it 

proposed the rule amendments that 

have now been adopted.12 It did not 

receive any public comments pertaining 

to the analysis.

List of Subjects 

17 CFR Part 40 

Commodity futures, Contract markets, 

Designation application, Reporting and 

recordkeeping requirements. 

17 CFR Part 41 

Security futures. 

17 CFR Part 145 

Freedom of information.

■ For the reasons stated in the preamble, 

the Commodity Futures Trading 

Commission amends 17 CFR parts 40, 41, 

and 145 as follows:

PART 40—PROVISIONS COMMON TO 

CONTRACT MARKETS, DERIVATIVES 

TRANSACTION EXECUTION 

FACILITIES AND DERIVATIVES 

CLEARING ORGANIZATIONS

■ 1. The authority for part 40 continues 

to read as follows:

Authority: 7 U.S.C. 1a, 2, 5, 6, 6c, 7, 7a, 

8 and 12a, as amended by appendix E of Pub. 

L. 106–554, 114 Stat. 2763A–365.

■ 2. Section 40.2 is revised to read as 

follows:

§ 40.2 Listing products for trading by 

certification. 

To list a new product for trading, to 

list a product for trading that has 

become dormant, or to accept for 

clearing a product (not traded on a 

designated contract market or a 

registered derivatives transaction 

execution facility), a registered entity 

must file with the Secretary of the 

Commission at its Washington, DC, 

headquarters no later than the close of 

business of the business day preceding 

the product’s listing or acceptance for 

clearing, either in electronic or hard 

copy form, a copy of the submission 

cover sheet in accordance with the 

instructions in appendix D to this part, 

a copy of the product’s rules, including 

its terms and conditions, or the rules 

establishing the terms and conditions of 

products that make them acceptable for 

clearing, and a certification by the 

registered entity that the trading product 

or other instrument, or the clearing of 

the trading product or other instrument, 

including any rules establishing the 

Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 67505

terms and conditions of products that 

make them acceptable for clearing, 

complies with the Act and regulations 

thereunder.

■ 3. Section 40.3 is amended by revising 

paragraphs (a)(4) and (a)(5) and by 

adding paragraph (a)(6) to read as 

follows:

§ 40.3 Voluntary submission of new 

products for Commission review and 

approval. 

(a) * * * 

(4) The submission identifies with 

particularity information in the 

submission (except for the product’s 

terms and conditions which are made 

publicly available at the time of 

submission) that will be subject to a 

request for confidential treatment and 

supports that request for confidential 

treatment with reasonable justification; 

(5) The submission includes the fee 

required under appendix B to this part; 

and 

(6) The submission includes a copy of 

the submission cover sheet in 

accordance with the instructions in 

appendix D to this part.

* * * * *

■ 4. Section 40.5 is amended by revising 

paragraphs (a)(1)(vi) and (a)(1)(vii) and 

by adding paragraph (a)(1)(viii) to read as 

follows:

§ 40.5 Voluntary submission of rules for 

Commission review and approval. 

(a) * * * 

(1) * * * 

(vi) Identify any Commission 

regulation that the Commission may 

need to amend, or sections of the Act or 

Commission regulations that the 

Commission may need to interpret in 

order to approve the proposed rule. To 

the extent that such an amendment or 

interpretation is necessary to 

accommodate a proposed rule, the 

submission should include a reasoned 

analysis supporting the amendment to 

the Commission regulation or the 

interpretation; 

(vii) Identify with particularity 

information in the submission (except 

for a product’s terms and conditions, 

which are made publicly available at the 

time of submission) that will be subject 

to a request for confidential treatment 

and support that request for confidential 

treatment with reasonable justification; 

and 

(viii) Include a copy of the submission 

cover sheet in accordance with the 

instructions in appendix D to this part.

* * * * *

■ 5. Section 40.6 is amended by revising 

paragraphs (a)(3)(iv) and (a)(3)(v) and 

adding paragraph (a)(3)(vi) to read as 

follows:

§ 40.6 Self-certification of rules by 

designated contract markets and registered 

derivatives clearing organizations. 

(a) * * * 

(3) * * * 

(iv) A brief explanation of any 

substantive opposing views not 

incorporated into the rule; 

(v) A certification by the entity that 

the rule complies with the Act and 

regulations thereunder; and 

(vi) A copy of the submission cover 

sheet in accordance with the 

instructions in appendix D to this part.

* * * * *

■ 6. Section 40.8 is amended by 

redesignating the current paragraph as 

paragraph (b) and by adding new 

paragraph (a) to read as follows:

§ 40.8 Availability of public information. 

(a) The following sections of all 

applications to become a registered 

entity will be public: transmittal letter, 

proposed rules, the applicant’s 

regulatory compliance chart, documents 

establishing the applicant’s legal status, 

documents setting forth the applicant’s 

governance structure, and any other part 

of the application not covered by a 

request for confidential treatment.

* * * * *

Appendix C to Part 40 [Added and 

Reserved]

■ 6a. Appendix C to part 40 is added and 

reserved.

■ 7. Appendix D is added to read as 

follows: 

Appendix D to Part 40—Submission 

Cover Sheet and Instructions

A properly completed submission cover 

sheet must accompany all rule submissions 

submitted by a designated contract market, 

registered derivatives clearing organization, 

or registered derivatives transaction 

execution facility and forwarded either in 

hard copy form or electronically to the 

Secretary of the Commodity Futures Trading 

Commission, Three Lafayette Centre, 1155 

21st Street NW, Washington, DC 20581 or 

electronically to submissions@cftc.gov in a 

format specified by the Secretary of the 

Commission. Each submission should 

include the following: 

1. Identifier Code (optional)—If applicable, 

the exchange or clearing organization 

Identifier Code at the top of the cover sheet. 

Such codes are commonly generated by the 

exchanges or clearing organizations to 

provide an identifier that is unique to each 

filing (e.g., NYMEX Submission 03–116). 

2. Date—The date of the filing. 

3. Organization—The name of the 

organization filing the submission (e.g., 

CBOT). 

4. Filing as a—Check the appropriate box 

for a designated contract market (DCM), 

derivatives clearing organization (DCO), or 

derivatives transaction execution facility 

(DTEF). 

5. Type of Filing—Indicate whether the 

filing is a rule amendment or new product 

and the applicable category under that 

heading. 

6. Rule Numbers—For rule filings only, 

identify rule number(s) being adopted or 

modified in the case of rule amendment 

filings. 

7. Description—For rule or rule 

amendment filings only, enter a brief 

description of the new rule or rule 

amendment. This narrative should describe 

the substance of the submission with enough 

specificity to characterize all essential 

aspects of the filing. 

8. Other Requirements—Comply with all 

filing requirements for the underlying 

proposed rule or rule amendment. The filing 

of the submission cover sheet does not 

obviate the responsibility to comply with any 

applicable filing requirement (e.g., rules 

submitted for Commission approval under 

§ 40.5 must be accompanied by an 

explanation of the purpose and effect of the 

proposed rule along with a description of any 

substantive opposing views). 

A sample of the required submission cover 

sheet follows.

BILLING CODE 6351–01–P

67506 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 

BILLING CODE 6351–01–C


Er18no04.000</GPH>
Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 67507

PART 41—SECURITY FUTURES 

PRODUCTS

■ 8. The authority citation for part 41 

continues to read as follows:

Authority: Sections 206, 251 and 252, Pub. 

L. 106–554, 114 Stat. 2763, 7 U.S.C. 1a, 2, 6f, 

6j, 7a–2, 12a; 15 U.S.C. 78g(c)(2).

■ 9. Section 41.23 is amended by 

revising paragraphs (a)(4) and (a)(5) and 

by adding paragraph (a)(6) to read as 

follows:

§ 41.23 Listing of security futures 

products for trading. 

(a) * * *

(4) Includes a certification that the 

terms and conditions of the contract 

comply with the additional conditions 

for trading of § 41.25; 

(5) If the board of trade is a designated 

contract market pursuant to section 5 of 

the Act or a registered derivatives 

transaction execution facility pursuant 

to section 5a of the Act, it includes a 

certification that the security futures 

product complies with the Act and rules 

thereunder; and 

(6) Includes a copy of the submission 

cover sheet in accordance with the 

instructions in appendix D of part 40.

* * * * *

■ 10. Section 41.24 is amended by 

revising paragraphs (a)(3) and (a)(4) and 

by adding paragraph (a)(5) to read as 

follows:

§ 41.24 Rule amendments to security 

futures products. 

(a) * * *

(3) Includes a certification that the 

designated contract market or registered 

derivatives clearing organization has 

filed the rule or rule amendment with 

the Securities and Exchange 

Commission, if such a filing is required; 

(4) If the board of trade is a designated 

contract market pursuant to section 5 of 

the Act or is a registered derivatives 

clearing organization pursuant to 

section 5b of the Act, it includes the 

documents and certifications required to 

be filed with the Commission pursuant 

to § 40.6 of this chapter, including a 

certification that the security futures 

product complies with the Act and rules 

thereunder; and 

(5) Includes a copy of the submission 

cover sheet in accordance with the 

instructions in appendix D of part 40.

* * * * *

PART 145—COMMISSION RECORDS 

AND INFORMATION

■ 11. The authority citation for part 145 

continues to read as follows:

Authority: Pub. L. 99–570, 100 Stat. 3207, 

Pub. L. 89–554, 80 Stat. 383, Pub. L. 90–23, 

81 Stat. 54, Pub. L. 93–502, 88 Stat. 1561–

1564 (5 U.S.C. 552); Sec. 101(a), Pub. L. 93–

463, 88 Stat. 1389 (5 U.S.C. 4a(j)); unless 

otherwise noted.

■ 12. Section 145.7 is amended by 

revising the first sentence of paragraph 

(h)(3), by redesignating paragraph (j) as 

paragraph (i)(7), and by adding a new 

paragraph (j) to read as follows:

§ 145.7 Requests for Commission records 

and copies thereof.

* * * * *

(h) * * * 

(3) The Assistant Secretary, or his or 

her designee, will issue an initial 

determination with respect to a FOIA 

request within twenty business days 

after receipt by the Assistant Secretary. 

***

* * * * *

(j) Expedited processing. A request 

may be given expedited processing if 

the requester demonstrates a compelling 

need for the requested records. For 

purposes of this provision, the term 

‘‘compelling need’’ means: That a 

failure to obtain requested records on an 

expedited basis could reasonably be 

expected to pose an imminent threat to 

the life or physical safety of an 

individual; or with respect to a request 

made by a person primarily engaged in 

disseminating information, urgency to 

inform the public concerning actual or 

alleged federal government activity. A 

requester who seeks expedited 

processing must demonstrate a 

compelling need by submitting a 

statement that is certified by the 

requester to be true and correct to the 

best of that person’s knowledge and 

belief. The Assistant Secretary, or his or 

her designee, will determine whether to 

provide expedited processing, and 

notice of the determination will be 

provided to the requester, within ten 

days after the date of the request. If the 

request for expedited processing is 

denied, the requester may file an appeal 

with the Office of General Counsel 

within ten days of the date of the denial 

by the Assistant Secretary. The Office of 

General Counsel will respond to the 

appeal within ten days after the date of 

the appeal.

■ 13. Section 145.9 is amended by 

revising paragraph (e)(2) to read as 

follows:

§ 145.9 Petition for confidential treatment 

of information submitted to the 

Commission.

* * * * *

(e) * * * 

(2) The period for filing a detailed 

written justification may be extended 

upon request and for good cause shown.

* * * * *

■ 14. Appendix A is amended by 

revising paragraph (a)(2), the heading of 

paragraph (b), paragraphs (b)(2) and 

(b)(3), and adding paragraph (b)(13) to 

read as follows: 

Appendix A to Part 145—Compilation 

of Commission Records Available to the 

Public

* * * * *

(a) * * *

(2) Weekly Advisory (solely available on 

the Commission’s Web site at http://

www.cftc.gov/cftc/cftcpressoffice.htm).

* * * * *

(b) Office of the Secretariat (Public reading 

area with copying facilities available). * * * 

(2) Terms and conditions of proposed 

contracts. 

(3) Registered entity filings relating to rules 

as defined in § 40.1 of this chapter, unless 

covered by a request for confidential 

treatment.

* * * * *

(13) Publicly available portions of 

applications to become a registered entity 

including the transmittal letter, proposed 

rules, proposed bylaws, corporate 

documents, any overview or similar 

summary provided by the applicant, any 

documents pertaining to the applicant’s legal 

status and governance structure, including 

governance fitness information, and any 

other part of the application not covered by 

a request for confidential treatment.

* * * * *

■ 15. Appendix B is amended by revising 

paragraphs (a)(1), (a)(2), (a)(3), (a)(5), 

(a)(6) and (b) to read as follows: 

Appendix B to Part 145—Schedule of 

Fees

(a) * * * 

(1) $4.75 for each quarter hour spent by 

clerical personnel in searching for or 

reviewing records. 

(2) When a search or review cannot be 

performed by clerical personnel, $10.25 for 

each quarter hour spent by professional 

personnel in searching or reviewing records. 

(3) When searches require the expertise of 

a computer specialist, staff time for 

programming and performing searches will 

be charged at $10.25 per quarter hour. For 

searches of records stored on personal 

computers used as workstations by 

Commission staff and shared access network 

servers, the computer processing time is 

included in the search time for the staff 

member using the workstation as set forth in 

paragraph (a) of this appendix.

* * * * *

(5) For copies of materials other than paper 

records, the requester will be charged the 

actual cost of materials and reproduction, 

including the time of clerical personnel at a 

rate of $4.75 per quarter hour. 

(6) When a request has been made and 

granted to examine Commission records at an 

office of the Commission other than the office 

in which the records are routinely 

maintained, the requester: 

(i) Will reimburse the Commission for the 

actual cost of transporting the records; and 

67508 Federal Register / Vol. 69, No. 222 / Thursday, November 18, 2004 / Rules and Regulations 

(ii) Will be charged at a rate of $4.75 for 

each quarter hour spent by clerical personnel 

in preparing the records for transit.

* * * * *

(b) Waiver or reduction of fees. Fees will 

be waived or reduced by the Commission if: 

(1) The fee is less than or equal to $10.00, 

the approximate cost to the Commission of 

collecting the fee; or, 

(2) If the Commission determines that the 

disclosure of the information is likely to 

contribute significantly to public 

understanding of the operations or activities 

of the government and is not primarily in the 

commercial interest of the requester.

* * * * *

Appendix D [Removed]

■ 16. Appendix D is removed.

Issued in Washington, DC, on November 

12, 2004, by the Commission. 

Jean A. Webb, 

Secretary of the Commission.

[FR Doc. 04–25613 Filed 11–17–04; 8:45 am] 

BILLING CODE 6351–01–P

POSTAL SERVICE

39 CFR Part 501

Authorization to Manufacture and 

Distribute Postage Meters

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: This rule provides contact 

information for submission of questions 

or comments and all notification, plans, 

and reports directed by regulation 

throughout 39 CFR Part 501—

Authorization to Manufacture and 

Distribute Postage Meters.

DATES: This rule is effective November 

18, 2004.

FOR FURTHER INFORMATION CONTACT:

Wayne Wilkerson, manager of Postage 

Technology Management, at 1735 N. 

Lynn Street, Rosslyn, VA 22209 by 

phone at (703) 292–3691 or by fax at 

(703) 292–4073.

SUPPLEMENTARY INFORMATION: Title 39, 

Code of Federal Regulations (CFR) Part 

501, Sections 501.1 through 501.30 

provide Federal rules and regulations 

governing the manufacture and 

distribution of postage meters. These 

sections reference requirements that 

must be submitted to Postal ServiceTM

or Postage Technology Management 

without identification of contact 

information for submission of 

requirements or inquiries. Section 501.1 

gives the contact information for Postage 

Technology Management, the Postal 

Service office responsible for 

authorization.

List of Subjects in 39 CFR Part 501

Administrative practice and 

procedure, Postal Service.

The Amendment

■ For the reasons set out in the preamble, 

the Postal Service is amending 39 CFR 

part 501 as follows:

PART 501—AUTHORIZATION TO 

MANUFACTURE AND DISTRIBUTE 

POSTAGE METERS

■ 1. The authority citation for part 501 

continues to read as follows:

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 410, 2601, 2605; Inspector 

General Act of 1978, as amended (Pub. L. 95–

452, as amended), 5 U.S.C. App. 3.

■ 2. Add § 501.1(f) to read as follows:

§ 501.1 Postage evidencing system/

infrastructure authorization.

* * * * *

(f) The Postal Service functional area 

charged with administering 

authorization as described in this part 

501 is the Postage Technology 

Management program office. All 

submissions cited throughout all 

sections of 39 CFR part 501 are to be 

made to this office in person or via U.S. 

mail to 1735 N. Lynn Street Room 5011, 

Rosslyn, VA 22209–6370 or via fax to 

703–292–4073. Inquiries may be made 

via telephone to 703–292–3691, and 

information updates may be found on 

the U.S. Postal Service Web page at 

www.usps.com/postagesolutions/

flash.htm.

Neva Watson, 

Attorney, Legislative.

[FR Doc. 04–25558 Filed 11–17–04; 8:45 am] 

BILLING CODE 7710–12–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660 

[Docket No. 040429134–4135–01; I.D. 

111004C]

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action 

#17—Adjustment of the Commercial 

Salmon Fishery from the OregonCalifornia Border to Humboldt South 

Jetty, California

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure; request for comments.

SUMMARY: NMFS announces that the 

commercial salmon fishery in the area 

from the Oregon-California Border to 

Humboldt South Jetty, CA was modified 

to close at midnight on Friday, 

September 17, 2004. This action was 

necessary to conform to the 2004 

management goals. The intended effect 

of this action is to allow the fishery to 

operate within the seasons and quotas 

as specified in the 2004 annual 

management measures.

DATES: Closure effective 2359 hours 

local time (l.t.), September 17, 2004, 

after which the fishery will remain 

closed until opened through an 

additional inseason action for the west 

coast salmon fisheries, which will be 

published in the Federal Register, or 

until the effective date of the next 

scheduled open period announced in 

the 2005 annual management measures. 

Comments will be accepted through 

December 3, 2004.

ADDRESSES: Comments on this action 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, NOAA, 7600 Sand Point 

Way N.E., Bldg. 1, Seattle, WA 98115–

0070; or faxed to 206–526–6376; or Rod 

McInnis, Regional Administrator, 

Southwest Region, NMFS, NOAA, 501 

W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2004salmonIA17.nwr@noaa.gov

address, or through the internet at the 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

and include the docket number in the 

subject line of the message. Information 

relevant to this document is available 

for public review during business hours 

at the Office of the Regional 

Administrator, Northwest Region, 

NMFS.

FOR FURTHER INFORMATION CONTACT:

Christopher Wright, 206–526–6140.

SUPPLEMENTARY INFORMATION: The 

NMFS Regional Administrator closed 

the commercial salmon fishery in the 

area from the Oregon-California Border 

to Humboldt South Jetty, CA, effective 

at midnight on Friday, September 17, 

2004. On September 15, the Regional 

Administrator determined that available 

catch and effort data indicated that the 

quota of 6,000 chinook salmon would be 

reached by midnight on Friday, 

September 17, 2004.

Automatic season closures based on 

quotas are authorized by regulations at 

50 CFR 660.409(a)(1).

In the 2004 annual management 

measures for ocean salmon fisheries (69 

FR 25026, May 5, 2004), NMFS