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Federal Register / Vol. 70, No.

13 / Friday, January 21, 2005 / Proposed Rules 3179

DATES: Submit comments on or before (c) A Scholar who fails to be DEPARTMENT OF TRANSPORTATION
March 22, 2005. employed in public service for three out
ADDRESSES: Send comments to Louis H. of the first seven years following Research and Special Programs
Blair, Executive Secretary, Harry S. completion of his or her Foundation Administration
Truman Scholarship Foundation, 712 funded graduate education must repay
Jackson Place, NW., Washington, DC to the Foundation an amount equal to: 49 CFR Parts 171, 172, 173 and 175
20005 or send e-mail to (1) All of the Scholarship stipends [Docket No. RSPA–02–11654 (HM–228)]
lblair@truman.gov. received, RIN 2137–AD18
FOR FURTHER INFORMATION CONTACT:
(2) Interest at the rate of 6% per
Louis H. Blair, Harry S. Truman annum from the date of receipt of each Hazardous Materials: Revision of
Scholarship Foundation, 202–395–4831. Requirements for Carriage by Aircraft
payment until repayment is made to the
SUPPLEMENTARY INFORMATION: This
Foundation, and AGENCY: Research and Special Programs
proposed rule was developed by the
(3) Reasonable collection fees. Administration (RSPA), Department of
Accountability Task Force, established
Transportation (DOT).
at the Spring 2003 Board of Trustees (d)(1) The repayment obligation of
Meeting. The Task Force researched and ACTION: Notice of proposed rulemaking
paragraph (c) of this section accrues on
considered a number of options and (NPRM); extension of comment period.
the first July 15 on which it becomes
recommended this rule to the Board of impossible for a Scholar to fulfill the SUMMARY: RSPA is extending until
Trustees in Spring 2004. The Board three year public service requirement of March 18, 2005, the period for
adopted the recommendations of the paragraph (a) of this section. For interested persons to submit comments
Trustees and required the Foundation example, July 15 of the sixth year on the November 10, 2004 notice of
provide an implementation plan. This following completion of Foundation proposed rulemaking in response to a
implementation plan was received and funded graduate education for a Scholar request by the Air Transport Association
approved at the Fall 2004 Board who has been employed in the public of America, Inc. (ATA). In the
Meeting. service for only one of those six years. November 10, 2004 NPRM, we proposed
List of Subjects in 45 CFR Part 1801 (2) The Foundation will send to the to amend the requirements in the
Hazardous Materials Regulations (HMR)
Grant Programs—education, Scholar’s last known address a notice
for the transportation of hazardous
Scholarships and fellowships. that his or her repayment obligation has
materials by aircraft. The proposed
For the reasons set forth in the accrued. The failure, however, of the changes include clarifying the
preamble, the Foundation proposes to Foundation to send, or the Scholar to applicability of part 175; excepting
amend 45 CFR part 1801 as follows: receive, such a notice does not alter or cargo aircraft from the quantity limits in
delay the Scholar’s repayment § 175.75; reformatting the exceptions in
PART 1801—HARRY S. TRUMAN obligation. § 175.10 into three sections based on
SCHOLARSHIP PROGRAM
(e) The Foundation may employ applicability; and providing new
1. The authority citation for part 1801 whatever remedies are available to it to separation distances for the shipment of
continues to read as follows: collect any unpaid obligation accruing radioactive materials by cargo aircraft.
Authority: Pub. L. 93–642, 88 Stat. 2276 under this § 1801.63. These changes are being proposed in
(20 U.S.C. 2001–2012). order to clarify requirements to promote
(f) Upon application by the Scholar
safer transportation practices; promote
2. Add §1801.63 to read as follows: showing good cause for doing so, the
compliance and enforcement; eliminate
Foundation may waive or modify the unnecessary regulatory requirements;
§ 1801.63 Scholar accountability.
repayment obligation established by convert certain exemptions into
(a) A Scholar selected after January paragraph (c) of this section.
2005 must be employed in public regulations of general applicability;
service for three of the seven years (g) The Foundation will establish a finalize outstanding petitions for
following completion of his or her process for appealing any disputes rulemaking; facilitate international
Foundation funded graduate education. concerning the accrual of the repayment commerce; and make these
(b) Following completion of obligation imposed by paragraph (c) of requirements easier to understand.
Foundation funded graduate education, this section. The Foundation will DATES: Submit comments by March 18,
Scholars must submit a report to the publish on its Web site http:// 2005. To the extent possible, we will
Foundation by July 15 of each year. This www.truman.gov information about this consider comments received after this
report will include the Scholar’s current appeals process and other information date.
contact information as well as a brief pertinent to repayment obligations ADDRESSES: You may submit comments
description of his or her employment accruing under this § 1801.63. identified by any of the following
during the past twelve months. This Dated: January 11, 2005. methods:
reporting requirement ends when the Web Site: http://dms.dot.gov. Follow
Foundation determines that a Scholar Louis H. Blair,
the instructions for submitting
has reported three years of public Executive Secretary. comments on the DOT electronic docket
service employment and the Foundation [FR Doc. 05–1045 Filed 1–19–05; 8:45 am] site.
notifies him or her that he or she no BILLING CODE 6820–AD–P Fax: 1–202–493–2251.
longer is required to submit reports. Mail: Docket Management System:
Scholars who fail for two consecutive U.S. Department of Transportation, 400
years to submit the required report to Seventh Street, SW., Nassif Building,
the Foundation will be considered to Room PL–401, Washington, DC 20590–
have failed to complete the three year 001.
public service requirement of paragraph Hand Delivery: To the Docket
(a) of this section. Management System; Room PL–401 on

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3180 Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Proposed Rules

the plaza level of the Nassif Building, on board an aircraft under certain DEPARTMENT OF THE INTERIOR
400 Seventh Street, SW., Washington, conditions.
DC between 9 a.m. and 5 p.m., Monday Fish and Wildlife Service
RSPA and the Federal Aviation
through Friday, except Federal holidays. Administration (FAA) are proposing
http://www.Regulations.gov. 50 CFR Part 20
changes to part 175 and other sections
Instructions: You must include the RIN 1018–AU04
of the HMR applicable to transportation
agency name and docket number
of hazardous materials by aircraft. These
[RSPA–02–11654 (HM–228)] or the Migratory Bird Hunting; Application for
Regulatory Identification Number (RIN changes are being proposed in order to
Approval of Tungsten-Iron-Copper-
2137–AD18) for this notice at the clarify requirements to promote safer
Nickel Shot as Nontoxic for Waterfowl
beginning of your comment. You should transportation practices; promote
Hunting
identify the docket number RSPA–02– compliance and enforcement; eliminate
11654 (HM–228) at the beginning of unnecessary regulatory requirements; AGENCY: Fish and Wildlife Service,
your comments. You should submit two convert certain exemptions into Interior.
copies of your comments, if you submit regulations of general applicability; ACTION: Advance notice of proposed
them by mail. If you wish to receive finalize outstanding petitions for rulemaking.
confirmation that RSPA received your rulemaking; facilitate international
SUMMARY: The U.S. Fish and Wildlife
comments, you should include a self- commerce; and make these
Service (Service) hereby provides public
addressed stamped postcard. Internet requirements easier to understand.
notice that Spherical Precision, Inc. of
users may submit comments at http:// On November 19, 2004, the Air Tustin, California, has applied for
www.Regulations.gov and may access all Transport Association (ATA) requested approval of 40 to 76 percent tungsten,
comments received by DOT at http:// an extension of the comment period by 10 to 37 percent iron, 9 to 16 percent
dms.dot.gov. Note that all comments an additional 90 days until April 29, copper, and 5 to 7 percent nickel shot
received will be posted without change
2005. ATA indicated the part 175 as nontoxic for waterfowl hunting in the
to http://dms.dot.gov including any
provisions are of particular significance United States. The Service has initiated
personal information provided. Please
to ATA carriers and the carriers will review of the shot under the criteria set
see the Privacy Act section of this rule.
wish to submit detailed comments. ATA out in Tier 1 of the nontoxic shot
Docket: You may view the public
stated that the current comment period approval procedures given at 50 CFR
docket through the Internet at http://
spans the Thanksgiving, Christmas and 20.134.
dms.dot.gov or in person at the Docket
management System office at the above New Year holiday period, which is also DATES: A comprehensive review of the
address. the operational rush period for both Tier 1 information is to be concluded by
FOR FURTHER INFORMATION CONTACT:
passenger and cargo airlines. ATA also March 22, 2005.
Deborah Boothe, Office of Hazardous indicated that responsible persons at ADDRESSES: The Spherical Precision,
Materials Standards, (202) 366–8553, several key carriers have pre-existing Inc. application may be reviewed in
Research and Special Programs commitments for early 2005 and that Room 4091 at the Fish and Wildlife
Administration, U.S. Department of ATA will not be able to hold the Service, Division of Migratory Bird
Transportation, 400 Seventh Street, relevant carrier discussions and prepare Management, 4501 North Fairfax Drive,
SW., Washington, DC 20590. comments by January 31, 2005. We are Arlington, Virginia. Comments on this
SUPPLEMENTARY INFORMATION: willing to extend the comment period to notice may be submitted to the Division
provide ATA and others additional time of Migratory Bird Management at 4401
I. Background to provide comments. However, we North Fairfax Drive, MS MBSP–4107,
On November 10, 2004, the Research believe that an extension of 45 days Arlington, VA 22203–1610. Comments
and Special Programs Administration should be sufficient to accommodate will become part of the Administrative
(RSPA) published a notice of proposed commenters’ need for additional time. Record for the review of the application.
rulemaking (NPRM) (69 FR 65294) The public may review the record at the
Therefore, we are denying the request Division of Migratory Bird Management,
under Docket RSPA–02–11654 (HM– for extension of the comment period
228) to propose changes to the Room 4091, 4501 North Fairfax Drive,
until April 29, 2005. Accordingly, the Arlington, Virginia.
requirements in the Hazardous
closing date of the comment period is FOR FURTHER INFORMATION CONTACT:
Materials Regulations (HMR) for the
extended to until March 18, 2005. Brian Millsap, Chief, Division of
transportation of hazardous material by
aircraft. The HMR (49 CFR parts 171– Issued in Washington, DC, on January 13, Migratory Bird Management, (703) 358–
180) govern the transportation of 2005 under the authority delegated in 49 CFR 1714, or George T. Allen, Wildlife
hazardous materials in commerce by all Part 106. Biologist, Division of Migratory Bird
modes of transportation, including Robert A McGuire, Management, (703) 358–1825.
aircraft (49 CFR 171.1(a)(1)). Parts 172 Associate Administrator for Hazardous SUPPLEMENTARY INFORMATION: The
and 173 of the HMR include Materials Safety. Migratory Bird Treaty Act of 1918 (Act)
requirements for classification and [FR Doc. 05–1105 Filed 1–19–05; 8:45 am] (16 U.S.C. 703–712 and 16 U.S.C. 742a–
packaging of hazardous materials, BILLING CODE 4910–60–P
j) implements migratory bird treaties
hazard communication, and training of between the United States and Great
employees who perform functions Britain for Canada (1916 and 1996 as
subject to the requirements in the HMR. amended), Mexico (1936 and 1972 as
Part 175 contains additional amended), Japan (1972 and 1974 as
requirements applicable to aircraft amended), and Russia (then the Soviet
operators transporting hazardous Union, 1978). These treaties protect
materials aboard an aircraft, and certain migratory birds from take, except
authorizes passengers and crew as permitted under the Act. The Act
members to carry hazardous materials authorizes the Secretary of the Interior

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