67680 Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Proposed Rules 

announced along with the prices 

announced in § 1000.53(b);

* * * * *

(g) For the months of January 2005 

through March 2005 for handlers who 

have submitted proof satisfactory to the 

market administrator to determine 

eligibility for reimbursement of 

transportation costs, subtract an amount 

equal to: 

(1) The cost of transportation on loads 

of producer milk delivered or rerouted 

to a pool distributing plant which were 

delivered as a result of hurricanes 

Charley, Frances, Ivan and Jeanne. 

(2) The cost of transportation on loads 

of producer milk delivered or rerouted 

to a pool supply plant that was then 

transferred to a pool distributing plant 

which were delivered as a result of 

hurricanes Charley, Frances, Ivan and 

Jeanne, and;

(3) The cost of transportation on loads 

of bulk milk delivered or rerouted to a 

pool distributing plant from a pool 

supply plant which were delivered as a 

result of hurricanes Charley, Frances, 

Ivan and Jeanne. 

(4) The cost of transportation on loads 

of bulk milk delivered or rerouted to a 

pool distributing plant from another 

order plant which were delivered as a 

result of hurricanes Charley, Frances, 

Ivan and Jeanne. 

(5) The cost of transportation on loads 

of bulk milk transferred or diverted to 

a plant regulated under another Federal 

order or to other nonpool plants which 

were delivered as a result of hurricanes 

Charley, Frances, Ivan and Jeanne. 

(6) The total amount of payment to all 

handlers under this section shall be 

limited for each month to an amount 

determined by multiplying the total 

Class I producer milk for all handlers 

pursuant to § 1000.44(c) times $0.04 per 

hundredweight. 

(7) If the cost of transportation 

computed pursuant to paragraphs (g)(1) 

through (5) of this section exceeds the 

amount computed pursuant to 

paragraph (g)(6) of this section, the 

market administrator shall prorate such 

payments to each handler based on each 

handler’s proportion of transportation 

costs submitted pursuant to paragraphs 

(g)(1) through (5) of this section. 

Transportation costs submitted pursuant 

to paragraphs (g)(1) through (5) of this 

section which are not paid as a result of 

such a proration shall be included in 

each subsequent month’s transportation 

costs submitted pursuant to paragraphs 

(g)(1) through (5) of this section until 

paid, or until the time period for such 

payments has concluded. 

(8) The reimbursement of 

transportation costs pursuant to this 

section shall be the actual demonstrated 

cost of such transportation of bulk milk 

delivered or rerouted as described in 

paragraphs (g)(1) through (5) of this 

section, or the miles of transportation on 

loads of bulk milk delivered or rerouted 

as described in paragraphs (g)(1) 

through (5) of this section multiplied by 

$2.25 per loaded mile, whichever is 

less. 

(9) For each handler, the 

reimbursement of transportation costs 

pursuant to paragraph (g) of this section 

for bulk milk delivered or rerouted as 

described in paragraphs (g)(1) through 

(5) of this section shall be reduced by 

the amount of payments received for 

such milk movements from the 

transportation credit balancing fund 

pursuant to § 1007.82.

* * * * *

[This marketing agreement will not appear in 

the Code of Federal Regulations]

Marketing Agreement Regulating the 

Handling of Milk in Certain Marketing 

Areas 

The parties hereto, in order to effectuate 

the declared policy of the Act, and in 

accordance with the rules of practice and 

procedure effective thereunder (7 CFR Part 

900), desire to enter into this marketing 

agreement and do hereby agree that the 

provisions referred to in paragraph I hereof 

as augmented by the provisions specified in 

paragraph II hereof, shall be and are the 

provisions of this marketing agreement as if 

set out in full herein. 

I. The findings and determinations, order 

relative to handling, and the provisions of 

§§lll1 to lll, all inclusive, of the 

order regulating the handling of milk in the 

(lllName of order lll) marketing area 

(7 CFR Part lll2) which is annexed 

hereto; and

II. The following provisions: §lll3

Record of milk handled and authorization to 

correct typographical errors. 

(a) Record of milk handled. The 

undersigned certifies that he/she handled 

during the month of lll4, lll

hundredweight of milk covered by this 

marketing agreement. 

(b) Authorization to correct typographical 

errors. The undersigned hereby authorizes 

the Deputy Administrator, or Acting Deputy 

Administrator, Dairy Programs, Agricultural 

Marketing Service, to correct any 

typographical errors which may have been 

made in this marketing agreement. 

§lll3 Effective date. This marketing 

agreement shall become effective upon the 

execution of a counterpart hereof by the 

Secretary in accordance with Section 

900.14(a) of the aforesaid rules of practice 

and procedure. 

In Witness Whereof, The contracting 

handlers, acting under the provisions of the 

Act, for the purposes and subject to the 

limitations herein contained and not 

otherwise, have hereunto set their respective 

hands and seals.

Signature

By (Name) lllllllllllllll

(Title) lllllllllllllllll

(Address) llllllllllllllll

(Seal) 

Attest

1First and last sections of order. 

2Appropriate Part number. 

3Next consecutive section number. 

4Appropriate representative period for the 

order.

[FR Doc. 04–25684 Filed 11–16–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 430

[Docket No. EE–RM/STD–00–550] 

RIN 1904–AB08

Energy Conservation Program for 

Commercial and Industrial Equipment: 

Energy Conservation Standards for 

Distribution Transformers

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy.

ACTION: Advance notice of proposed 

rulemaking; notice of availability of a 

supplemental technical support 

document appendix, and correction. 

SUMMARY: In conjunction with an earlier 

advance notice of proposed rulemaking 

(ANOPR) to establish energy 

conservation standards for distribution 

transformers, DOE announces the 

availability of a supplemental technical 

support document (TSD) appendix. DOE 

has also identified a mislabeling found 

in the ANOPR.

SUPPLEMENTARY INFORMATION: As 

indicated at the public meeting on 

September 28, 2004, the Department of 

Energy (DOE) announces the availability 

of a supplemental TSD appendix 

entitled, ‘‘Appendix 8E: Average 

Transformer Design Properties from 

Life-Cycle Cost Model.’’ This appendix 

provides information for the public to 

consider in connection with the July 29, 

2004, ANOPR (69 FR 45375). 

DOE has also identified a mislabeling 

found in the ANOPR on pages 45401 

through 45404 and in Chapter 8 of the 

TSD on pages 8–38 through 8–43. On 

these pages, the text mistakenly labels 

some reported values as an ‘‘average 

manufacturer’s selling price’’ when they 

should be referred to as the ‘‘consumer 

equipment cost before installation.’’

This mislabeling does not impact the 

inputs, results, or any other aspect of 

the ANOPR. 

Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Proposed Rules 67681

Stakeholders can locate and 

download the TSD Chapter 8 as well as 

the newly posted supplemental 

Appendix 8E on the Distribution 

Transformers ANOPR TSD page: http://

www.eere.energy.gov/buildings/

appliance_standards/commercial/

dist_trans_tsd_061404.html.

FOR FURTHER INFORMATION CONTACT: Sam 

Johnson, Project Manager, Energy 

Conservation Standards for Distribution 

Transformers; Docket No. EE–RM/STD–

00–550; U.S. Department of Energy, 

Office of Building Technologies, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121; (202) 586–

0854. E-mail: Sam.Johnson@ee.doe.gov.

Thomas B. DePriest, Esq.; U.S. 

Department of Energy, Office of General 

Counsel, GC–72, 1000 Independence 

Avenue, SW., Washington, DC 20585–

0121; (202) 586–9507. E-mail: 

Thomas.DePriest@hq.doe.gov.

Issued in Washington, DC on November 8, 

2004. 

David K. Garman, 

Assistant Secretary, Office of Energy 

Efficiency and Renewable Energy.

[FR Doc. 04–25609 Filed 11–18–04; 8:45 am] 

BILLING CODE 6450–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 1

[REG–152549–03] 

RIN 1545–BC69

Section 179 Elections; Hearing 

Cancellation

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Cancellation of notice of public 

hearing on proposed rulemaking. 

SUMMARY: This document provides 

notice of cancellation of public hearing 

relating to the election to expense the 

cost of property subject to section 179.

DATES: The public hearing originally 

scheduled for November 30, 2004, at 10 

a.m., is cancelled.

FOR FURTHER INFORMATION CONTACT:

Robin R. Jones of the Publications and 

Regulations Branch, Legal Processing 

Division at (202) 622–7180 (not a tollfree number).

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and notice of 

public hearing that appeared in the 

Federal Register on Wednesday, August 

4, 2004 (69 FR 47043), announced that 

a public hearing was scheduled for 

November 30, 2004, at 10 a.m., in the 

auditorium. The subject of the public 

hearing is proposed regulations under 

section 179 of the Internal Revenue 

Code. The public comment period for 

these regulations expired on November 

2, 2004. Outlines of oral testimony was 

due on November 9, 2004. 

The notice of proposed rulemaking 

and notice of public hearing, instructed 

those interested in testifying at the 

public hearing to submit an outline of 

the topics to be addressed. As of 

Monday, November 15, 2004, no one 

has requested to speak. Therefore, the 

public hearing scheduled for November 

30, 2004, is cancelled.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel, (Procedure and 

Administration).

[FR Doc. 04–25650 Filed 11–18–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration 

30 CFR Parts 56, 57, 58, 70, 71, 72, 75 

and 90

RIN 1219–AA48

Air Quality, Chemical Substances, and 

Respiratory Protection Standards

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor.

ACTION: Withdrawal of proposed rule.

SUMMARY: The Mine Safety and Health 

Administration (MSHA) is withdrawing 

the remaining phases of its 1989 ‘‘Air 

Quality, Chemical Substances, and 

Respiratory Protection’’ proposed rule, 

and is providing further explanation of 

its September 26, 2002, Federal Register

document regarding withdrawal of the 

proposed rule. MSHA’s 2002 decision to 

withdraw the remaining phases of the 

proposed rule was based on adverse 

case law, a change in Agency priorities, 

and the staleness of the rulemaking 

record. Although the September 26, 

2002, document was intended to 

withdraw the rule as of that date, the 

U.S. Court of Appeals for the District of 

Columbia Circuit found that the 

document provided inadequate 

explanation of the Agency’s decision to 

terminate the rulemaking. The court 

ordered MSHA to either proceed with 

the Air Quality rulemaking or give a 

reasoned account of its decision not to 

do so. This document provides a 

reasoned account of MSHA’s decision to 

terminate the rulemaking and to 

withdraw the remaining phases of the 

Air Quality rule.

DATES: The proposed rule published on 

August 29, 1989 (54 FR 35760) is 

withdrawn as of November 19, 2004.

FOR FURTHER INFORMATION CONTACT:

Marvin W. Nichols, Jr., Director, Office 

of Standards, Regulations, and 

Variances, MSHA, 1100 Wilson 

Boulevard, Room 2313, Arlington, 

Virginia 22209–3939, 

Nichols.Marvin@dol.gov, (202) 693–

9440 (telephone), or (202) 693–9441 

(facsimile). This document is available 

in alternative formats, such as large 

print and electronic format, and can be 

accessed on MSHA’s Internet site,

http://www.msha.gov, at the ‘‘Statutory 

and Regulatory Information’’ link.

SUPPLEMENTARY INFORMATION: 

A. Rulemaking Background 

On August 29, 1989, MSHA proposed 

a rule, 54 FR 35760, that would have, 

among other things, established 

permissible exposure limits (PELs) for 

substances that the Agency believed 

might adversely affect the health of 

miners; required control of exposure to 

such substances; prescribed methods 

and frequency of monitoring to evaluate 

exposure; and revised requirements for 

respiratory protection programs for 

metal and nonmetal mines and 

established similar requirements for 

coal mines. 54 FR 35760, 35761 (August 

29, 1989). Additionally, the proposed 

rule included provisions addressing 

carcinogens, asbestos construction 

work, dangerous atmospheres, medical 

surveillance, prohibited areas for food 

and beverages, and abrasive blasting and 

drill dust control. Of the more than 600 

chemical substances for which MSHA 

sought to establish PELs, 165 of those 

substances would have been regulated 

for the first time. Because of the scope 

and complexity of the Air Quality rule, 

MSHA divided the rulemaking 

provisions into three groups or 

‘‘phases.’’ The Agency set separate 

comment periods for each of the three 

groups and announced that it would 

hold three sets of public hearings, with 

each set addressing one group of the 

proposed rule’s provisions. 

The first group of provisions included 

abrasive blasting and drill dust control; 

dangerous atmospheres; exposure 

monitoring; prohibited areas for food 

and beverages; and PELs for nitrogen 

dioxide, nitric oxide, carbon monoxide, 

and sulfur dioxide. Two public hearings 

were held for this group of provisions, 

the first on June 4, 1990, in Denver, 

Colorado, and the second on June 7, 

1990, in Coraopolis, Pennsylvania. The 

comment period for this group of 

provisions closed on March 2, 1990.