Regulatory Flexibility Act Section 610 and Plain Language Reviews, 7670-7672 [05-2873]

Download as PDF 7670 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Rules and Regulations This rule is being published as a final rule and made effective upon signature by the Secretary. As the rule relates to Departmental management, procedures, and practices, notice and comment on it are unnecessary under 5 U.S.C. 553(b)(3)(A). In addition, the Secretary finds that there is good cause to make this rule effective upon publication pursuant to 5 U.S.C. 553(d)(2), as a change to internal policy. Regulatory Analyses and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures The final rule is not considered a significant regulatory action under Executive Order 12866 and the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). There are no costs associated with this rule. B. Executive Order 13132 This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, dated August 4, 1999. This final rule does not have a substantial direct effect on, or sufficient federalism implications for, the States, nor would it limit the policymaking discretion of the States. Therefore, the consultation and funding requirements do not apply. C. Executive Order 13084 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13084 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because this final rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial direct compliance costs, the funding and consultation requirements of Executive Order 13084 do not apply. D. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities unless the agency determines that a rule is not expected to have a significant impact on a substantial number of small entities. I hereby certify this final rule, which amends the CFR to reflect a modification of authority from the Secretary, will not have a significant economic impact on a substantial number of small businesses. E. Paperwork Reduction Act This rule contains no information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). VerDate jul<14>2003 14:53 Feb 14, 2005 Jkt 205001 F. Unfunded Mandates Reform Act The Department has determined that the requirements of Title II of the Unfunded Mandates Reform Act of 1995 do not apply to this rulemaking. List of Subjects in 49 CFR Part 1 Authority delegations (Government agencies), Organization and functions (Government agencies). I In consideration of the foregoing, Part 1 of Title 49, Code of Federal Regulations, is amended as follows: PART 1—[AMENDED] 1. The authority citation for Part 1 is revised to read as follows: I Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106– 159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat. 597; Pub. L. 107–295, 116 Stat. 2064; Pub L. 107–296, 116 Stat. 2135; Pub. L. 108–447, div. H, 118 Stat. 3199. 2. In § 1.23, revise paragraph (o) to read as follows: I § 1.23 Spheres of primary responsibility. * * * * * (o) Office of Intelligence, Security and Emergency Response. Responsible for intelligence and security matters within the Department of Transportation that affect the safety of the traveling public, and for emergency preparedness and response functions and activities within the Department and operation of the Department’s Crisis Management Center. * * * * * I 3. In § 1.53, remove and reserve paragraph (e). I 4. Revise § 1.69 to read as follows: § 1.69 Delegations to the Director of Intelligence, Security, and Emergency Response. The Director of Intelligence, Security, and Emergency Response is delegated authority for the following: (a) Intelligence and Security. Carry out the functions assigned to the Secretary by the Aviation Security Improvement Act of 1990, section 101 (Pub. L. 101–508; November 16, 1990) relating to intelligence and security matters in all modes of transportation. (b) Emergency preparedness and response. Carry out the functions related to emergency preparedness vested in the Secretary by 49 U.S.C. 101 and 301 or delegated to the Secretary by or through the Defense Production Act of 1950, 50 U.S.C. App. 2061 et seq.; Executive Order 10480, as amended; Executive Order 12148; Executive Order 12656; Executive Order 12742; Executive Order PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 12919, as amended; Reorganization Plan No. 3 or 1978; and such other statutes, executive orders, and other directives as may pertain to emergency preparedness. Issued this 4th day of February 2005, at Washington, DC. Norman Y. Mineta, Secretary of Transportation. [FR Doc. 05–2803 Filed 2–14–05; 8:45 am] BILLING CODE 4910–62–P DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Part 173 [Docket No. RSPA–2005–20104 (Notice No. 05–02)] Regulatory Flexibility Act Section 610 and Plain Language Reviews Research and Special Programs Administration (RSPA), DOT. ACTION: Notice of regulatory review; request for comments. AGENCY: SUMMARY: RSPA requests comments on the economic impact of its regulations on small entities. As required by the Regulatory Flexibility Act and as published in DOT’s Semi-Annual Regulatory Agenda, we are analyzing the rules applicable to general shipment and packaging requirements for shippers to identify requirements that may have a significant economic impact on a substantial number of small entities. We also request comments on ways to make these regulations easier to read and understand. DATES: Comments must be received by May 16, 2005. ADDRESSES: You may submit comments identified by the docket number RSPA– 2005–20104 (Notice No. 05–02) by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Web Site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. • Fax: 1–202–493–2251. • Mail: Docket Management System; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL–401, Washington, DC 20590– 0001. • Hand Delivery: To the Docket Management System; Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC between 9 am and 5 pm, Monday through Friday, except Federal Holidays. E:\FR\FM\15FER1.SGM 15FER1 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Rules and Regulations Instructions: You must include the agency name and docket number RSPA– 2005–20104 (Notice No. 05–02) at the beginning of your comment. Note that all comments received will be posted without change to http://dms.dot.gov including any personal information provided. Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or you may visit http:// dms.dot.gov. Docket: You may view the public docket through the Internet at http:// dms.dot.gov or in person at the Docket Management System office at the above address. FOR FURTHER INFORMATION CONTACT: Susan Gorsky, Office of Hazardous Materials Standards, Research and Special Programs Administration, U.S. Department of Transportation, telephone (202) 366–8553; or Donna O’Berry, Office of Chief Counsel, Research and Special Programs Administration, U.S. Department of Transportation, telephone (202) 366– 4400. SUPPLEMENTARY INFORMATION: I. Section 610 of the Regulatory Flexibility Act A. Background and Purpose Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96–354), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L.104–121), requires agencies to conduct periodic reviews of rules that have a significant economic impact on a substantial number of small business entities. The purpose of the review is to determine whether such rules should be continued without change, amended, or rescinded, consistent with the objectives of applicable statutes, to minimize any significant economic impact of the rules on a substantial number of such small entities. B. Review Schedule The Department of Transportation (DOT) published its Semiannual Regulatory Agenda on December 13, 2004 (69 FR 73492), listing in Appendix D (69 FR 73505) those regulations that each operating administration will review under section 610 during the next 12 months. Appendix D also contains DOT’s 10-year review plan for all of its existing regulations. The Research and Special Programs Administration (RSPA, we) has divided its Hazardous Materials Regulations (HMR; 49 CFR Parts 171–180) into 10 groups by subject area. Each group will be reviewed once every 10 years, undergoing a two-stage process—an Analysis Year and Section 610 Review Year. For purposes of the review announced in this notice, the Analysis year began in December 2004, 7671 coincident with the fall 2004 publication of the Semiannual Regulatory Agenda, and will conclude in the fall of 2005. During the Analysis Year, we will analyze each of the rules in a given year’s group to determine whether any rule has a significant impact on a substantial number of small entities and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. In each fall’s Regulatory Agenda, we will publish the results of the analyses we completed during the previous year. For rules that have a negative finding, we will provide a short explanation. For parts, subparts, or other discrete sections of rules that do have a significant impact on a substantial number of small entities, we will announce that we will be conducting a formal section 610 review during the following 12 months. The section 610 review will determine whether a specific rule should be revised or revoked to lessen its impact on small entities. We will consider: (1) The continued need for the rule; (2) the nature of complaints or comments received from the public; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other federal rules or with state or local government rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. At the end of the Review Year, we will publish the results of our review. The following table shows the 10-year analysis and review schedule: RSPA SECTION 610 REVIEW PLAN 1999–2009 Analysis year Title Regulation Incident reports ............................................................................................... Hazmat safety procedures .............................................................................. General Information, Regulations, and Definitions ......................................... Carriage by Rail and Highway ........................................................................ Carriage by Vessel .......................................................................................... Radioactive Materials ...................................................................................... §§ 171.15 and 171.16 ........................ Parts 106 and 107 ............................. Part 171. Parts 174 and 177 ............................. Part 176 ............................................. Parts 172, 173, 174, 175, 176, 177, 178. Parts 172, 173, 174, 176, 177 ........... Parts 172, 173, 174, 176, 177, 178, 180. Part 173 ............................................. Part 178 ............................................. Part 110. Parts 178, 179, 180 ........................... Part 172 ............................................. Explosives ....................................................................................................... Cylinders ......................................................................................................... Shippers—General Requirements for Shipments and Packagings ................ Specifications for Non-bulk Packagings ......................................................... Training and planning grants .......................................................................... Specifications for Bulk Packagings ................................................................. Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements. Carriage by Aircraft ......................................................................................... VerDate jul<14>2003 14:53 Feb 14, 2005 Jkt 205001 PO 00000 Frm 00039 Fmt 4700 Part 175. Sfmt 4700 E:\FR\FM\15FER1.SGM 15FER1 Review year 1998 1999 N/A N/A 2000 2001 2002 N/A N/A N/A 2003 N/A 2004 2005 2005 2006 2006 2007 2007 2008 7672 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Rules and Regulations C. Regulations Under Analysis During Year 6 (2004–2005), the Analysis Year, we will conduct a preliminary assessment of the rules in 49 CFR Part 173 applicable to general shipment and packaging requirements for shippers. The review will include the following subparts: PART 173 Subpart Title Subpart A .... Subpart B .... General. Preparation of Hazardous Materials for Transportation. Definitions, Classification, Packing Group Assignments and Exceptions for Hazardous Materials Other Than Class 1 and Class 7. Non-bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7. Bulk Packaging for Hazardous Materials Other Than Class 1 and Class 7. Gases; Preparation and Packaging. Class 7 (Radioactive) Materials. Subpart D .... Subpart E .... Subpart F .... Subpart G .... Subpart I ..... We are seeking comments on whether any requirements for shippers in Part 173 have a significant impact on a substantial number of small entities. ‘‘Small entities’’ include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions VerDate jul<14>2003 14:53 Feb 14, 2005 Jkt 205001 with populations under 50,000. If your business or organization is a small entity and if any of the transportation requirements applicable to shippers in Part 173 has a significant economic impact on your business or organization, please submit a comment explaining how and to what degree these rules affect you, the extent of the economic impact on your business or organization, and why you believe the economic impact is significant. II. Plain Language A. Background and Purpose Plain language helps readers find requirements quickly and understand them easily. Examples of plain language techniques include: (1) Undesignated center headings to cluster related sections within subparts. (2) Short words, sentences, paragraphs, and sections to speed up reading and enhance understanding. (3) Sections as questions and answers to provide focus. (4) Personal pronouns to reduce passive voice and draw readers into the writing. (5) Tables to display complex information in a simple, easy-to-read format. For an example of a rule drafted in plain language, you can refer to RSPA’s final rule entitled ‘‘Revised and Clarified Hazardous Materials Safety Rulemaking and Program Procedures,’’ which was published June 25, 2002 (67 FR 42948). This final rule revised and PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 clarified the hazardous materials safety rulemaking and program procedures by rewriting 49 CFR Part 106 and Subpart A of Part 107 in plain language and creating a new part 105 that contains definitions and general procedures. B. Review Schedule In conjunction with our section 610 reviews, we will be performing plain language reviews of the HMR over a 10year period on a schedule consistent with the section 610 review schedule. Thus, our review of requirements in Part 173 applicable to general shipment and packaging requirements for shippers will also include a plain language review to determine if the regulations can be reorganized and/or rewritten to make them easier to read, understand, and use. We encourage interested persons to submit draft regulatory language that clearly and simply communicates regulatory requirements, and other recommendations, such as putting information in tables or consolidating regulatory requirements, that may make the regulations easier to use. Issued in Washington, DC on February 9, 2005 under authority delegated in 49 CFR Part 106. Robert A. McGuire, Associate Administrator for Hazardous Materials Safety, Research and Special Programs Administration. [FR Doc. 05–2873 Filed 2–14–05; 8:45 am] BILLING CODE 4910–60–P E:\FR\FM\15FER1.SGM 15FER1

Agencies

[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Rules and Regulations]
[Pages 7670-7672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2873]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 173

[Docket No. RSPA-2005-20104 (Notice No. 05-02)]


Regulatory Flexibility Act Section 610 and Plain Language Reviews

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of regulatory review; request for comments.

-----------------------------------------------------------------------

SUMMARY: RSPA requests comments on the economic impact of its 
regulations on small entities. As required by the Regulatory 
Flexibility Act and as published in DOT's Semi-Annual Regulatory 
Agenda, we are analyzing the rules applicable to general shipment and 
packaging requirements for shippers to identify requirements that may 
have a significant economic impact on a substantial number of small 
entities. We also request comments on ways to make these regulations 
easier to read and understand.

DATES: Comments must be received by May 16, 2005.

ADDRESSES: You may submit comments identified by the docket number 
RSPA-2005-20104 (Notice No. 05-02) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: To the Docket Management System; Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC between 9 am and 5 pm, Monday through Friday, except 
Federal Holidays.

[[Page 7671]]

    Instructions: You must include the agency name and docket number 
RSPA-2005-20104 (Notice No. 05-02) at the beginning of your comment. 
Note that all comments received will be posted without change to http:/
/dms.dot.gov including any personal information provided. Anyone is 
able to search the electronic form of any written communications and 
comments received into any of our dockets by the name of the individual 
submitting the document (or signing the document, if submitted on 
behalf of an association, business, labor union, etc.). You may review 
DOT's complete Privacy Act Statement in the Federal Register published 
on April 11, 2000 (65 FR 19477) or you may visit http://dms.dot.gov.
    Docket: You may view the public docket through the Internet at 
http://dms.dot.gov or in person at the Docket Management System office 
at the above address.

FOR FURTHER INFORMATION CONTACT: Susan Gorsky, Office of Hazardous 
Materials Standards, Research and Special Programs Administration, U.S. 
Department of Transportation, telephone (202) 366-8553; or Donna 
O'Berry, Office of Chief Counsel, Research and Special Programs 
Administration, U.S. Department of Transportation, telephone (202) 366-
4400.

SUPPLEMENTARY INFORMATION:

I. Section 610 of the Regulatory Flexibility Act

A. Background and Purpose

    Section 610 of the Regulatory Flexibility Act of 1980 (Pub. L. 96-
354), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Pub. L.104-121), requires agencies to conduct periodic 
reviews of rules that have a significant economic impact on a 
substantial number of small business entities. The purpose of the 
review is to determine whether such rules should be continued without 
change, amended, or rescinded, consistent with the objectives of 
applicable statutes, to minimize any significant economic impact of the 
rules on a substantial number of such small entities.

B. Review Schedule

    The Department of Transportation (DOT) published its Semiannual 
Regulatory Agenda on December 13, 2004 (69 FR 73492), listing in 
Appendix D (69 FR 73505) those regulations that each operating 
administration will review under section 610 during the next 12 months. 
Appendix D also contains DOT's 10-year review plan for all of its 
existing regulations.
    The Research and Special Programs Administration (RSPA, we) has 
divided its Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) 
into 10 groups by subject area. Each group will be reviewed once every 
10 years, undergoing a two-stage process--an Analysis Year and Section 
610 Review Year. For purposes of the review announced in this notice, 
the Analysis year began in December 2004, coincident with the fall 2004 
publication of the Semiannual Regulatory Agenda, and will conclude in 
the fall of 2005.
    During the Analysis Year, we will analyze each of the rules in a 
given year's group to determine whether any rule has a significant 
impact on a substantial number of small entities and, thus, requires 
review in accordance with section 610 of the Regulatory Flexibility 
Act. In each fall's Regulatory Agenda, we will publish the results of 
the analyses we completed during the previous year. For rules that have 
a negative finding, we will provide a short explanation. For parts, 
subparts, or other discrete sections of rules that do have a 
significant impact on a substantial number of small entities, we will 
announce that we will be conducting a formal section 610 review during 
the following 12 months.
    The section 610 review will determine whether a specific rule 
should be revised or revoked to lessen its impact on small entities. We 
will consider: (1) The continued need for the rule; (2) the nature of 
complaints or comments received from the public; (3) the complexity of 
the rule; (4) the extent to which the rule overlaps, duplicates, or 
conflicts with other federal rules or with state or local government 
rules; and (5) the length of time since the rule has been evaluated or 
the degree to which technology, economic conditions, or other factors 
have changed in the area affected by the rule. At the end of the Review 
Year, we will publish the results of our review.
    The following table shows the 10-year analysis and review schedule:

                 RSPA Section 610 Review Plan 1999-2009
------------------------------------------------------------------------
                                                  Analysis
            Title                 Regulation        year     Review year
------------------------------------------------------------------------
Incident reports.............  Sec.  Sec.              1998          N/A
                                171.15 and
                                171.16.
Hazmat safety procedures.....  Parts 106 and           1999          N/A
                                107.
General Information,           Part 171.
 Regulations, and Definitions.
Carriage by Rail and Highway.  Parts 174 and           2000          N/A
                                177.
Carriage by Vessel...........  Part 176.......         2001          N/A
Radioactive Materials........  Parts 172, 173,         2002          N/A
                                174, 175, 176,
                                177, 178.
Explosives...................  Parts 172, 173,         2003          N/A
                                174, 176, 177.
Cylinders....................  Parts 172, 173,
                                174, 176, 177,
                                178, 180.
Shippers--General              Part 173.......         2004         2005
 Requirements for Shipments
 and Packagings.
Specifications for Non-bulk    Part 178.......         2005         2006
 Packagings.
Training and planning grants.  Part 110.......
Specifications for Bulk        Parts 178, 179,         2006         2007
 Packagings.                    180.
Hazardous Materials Table,     Part 172.......         2007         2008
 Special Provisions,
 Hazardous Materials
 Communications, Emergency
 Response Information, and
 Training Requirements.
Carriage by Aircraft.........  Part 175.
------------------------------------------------------------------------


[[Page 7672]]

C. Regulations Under Analysis

    During Year 6 (2004-2005), the Analysis Year, we will conduct a 
preliminary assessment of the rules in 49 CFR Part 173 applicable to 
general shipment and packaging requirements for shippers. The review 
will include the following subparts:

                                Part 173
------------------------------------------------------------------------
               Subpart                               Title
------------------------------------------------------------------------
Subpart A...........................  General.
Subpart B...........................  Preparation of Hazardous Materials
                                       for Transportation.
Subpart D...........................  Definitions, Classification,
                                       Packing Group Assignments and
                                       Exceptions for Hazardous
                                       Materials Other Than Class 1 and
                                       Class 7.
Subpart E...........................  Non-bulk Packaging for Hazardous
                                       Materials Other Than Class 1 and
                                       Class 7.
Subpart F...........................  Bulk Packaging for Hazardous
                                       Materials Other Than Class 1 and
                                       Class 7.
Subpart G...........................  Gases; Preparation and Packaging.
Subpart I...........................  Class 7 (Radioactive) Materials.
------------------------------------------------------------------------

    We are seeking comments on whether any requirements for shippers in 
Part 173 have a significant impact on a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations under 50,000. If your business or organization is a small 
entity and if any of the transportation requirements applicable to 
shippers in Part 173 has a significant economic impact on your business 
or organization, please submit a comment explaining how and to what 
degree these rules affect you, the extent of the economic impact on 
your business or organization, and why you believe the economic impact 
is significant.

II. Plain Language

A. Background and Purpose

    Plain language helps readers find requirements quickly and 
understand them easily. Examples of plain language techniques include:
    (1) Undesignated center headings to cluster related sections within 
subparts.
    (2) Short words, sentences, paragraphs, and sections to speed up 
reading and enhance understanding.
    (3) Sections as questions and answers to provide focus.
    (4) Personal pronouns to reduce passive voice and draw readers into 
the writing.
    (5) Tables to display complex information in a simple, easy-to-read 
format.
    For an example of a rule drafted in plain language, you can refer 
to RSPA's final rule entitled ``Revised and Clarified Hazardous 
Materials Safety Rulemaking and Program Procedures,'' which was 
published June 25, 2002 (67 FR 42948). This final rule revised and 
clarified the hazardous materials safety rulemaking and program 
procedures by rewriting 49 CFR Part 106 and Subpart A of Part 107 in 
plain language and creating a new part 105 that contains definitions 
and general procedures.

B. Review Schedule

    In conjunction with our section 610 reviews, we will be performing 
plain language reviews of the HMR over a 10-year period on a schedule 
consistent with the section 610 review schedule. Thus, our review of 
requirements in Part 173 applicable to general shipment and packaging 
requirements for shippers will also include a plain language review to 
determine if the regulations can be reorganized and/or rewritten to 
make them easier to read, understand, and use. We encourage interested 
persons to submit draft regulatory language that clearly and simply 
communicates regulatory requirements, and other recommendations, such 
as putting information in tables or consolidating regulatory 
requirements, that may make the regulations easier to use.

    Issued in Washington, DC on February 9, 2005 under authority 
delegated in 49 CFR Part 106.
Robert A. McGuire,
Associate Administrator for Hazardous Materials Safety, Research and 
Special Programs Administration.
[FR Doc. 05-2873 Filed 2-14-05; 8:45 am]
BILLING CODE 4910-60-P