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.

1. The findings and determinations, order

relative to handling, and the provisions of

§§ 1 to , all inclusive, of the

order regulating the handling of milk in the

Name of order ) marketing area

(7 CFR Part 2) which is annexed

hereto; and

II. The following provisions: § 3

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 4

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.

§ __3 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)

(Title)

(Address)

(Seal)

Attest

1 First and last sections of order.

2 Appropriate Part number.

3 Next consecutive section number.

4 Appropriate 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.

 EE-RM/STD-00-550 COMMENT 79
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 _stan 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/STD00-550; 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

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

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.msho.gov, at the "Statutory

and Regulatory Information" link.

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

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

Mine Safety and Health Administration miners; required control of exposure to

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.

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.

 EE-RM/STD-00-550 COMMENT 79