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48920 Federal Register / Vol. 70, No.

161 / Monday, August 22, 2005 / Proposed Rules

The Proposed Amendment CENTRAIR: Docket No. FAA–2005–21951; What Is the Unsafe Condition Presented in
Directorate Identifier 2005–CE–39–AD. This AD?
Accordingly, under the authority
delegated to me by the Administrator, When Is the Last Date I Can Submit (d) This AD is the result of a review by
the Federal Aviation Administration Comments on This Proposed AD? FAA of the Limitations Section of the
proposes to amend 14 CFR part 39 as CENTRAIR Model 101AP glider maintenance
(a) We must receive comments on this
follows: manual that revealed conflicting information
proposed airworthiness directive (AD) by
concerning the structural life limit. The
September 26, 2005.
PART 39—AIRWORTHINESS actions specified in this AD are intended to
DIRECTIVES What Other ADs Are Affected by This assure that the published life limit is adhered
Action? to and to prevent structural failure of the
1. The authority citation for part 39 glider once this life limit is reached.
continues to read as follows: (b) None.
What Gliders Are Affected by This AD? What Must I Do To Address This Problem?
Authority: 49 U.S.C. 106(g), 40113, 44701.
(c) This AD affects Models 101, 101A, (e) To address this problem, you must do
§ 39.13 [Amended] the following:
101AP, and 101P gliders, all serial numbers,
2. The FAA amends § 39.13 by adding certificated in any category.
the following new airworthiness
directive (AD):

Actions Compliance Procedures

Using pen and ink, change Section 5.1 of the Within the next 30 days after the effective The owner/operator holding at least a private
Limitations Section of the CENTRAIR Gliders date of this AD. pilot certificate as authorized by section
CENTRAIR 101–101 P–101 A–101 AP Main- 43.7 of the Federal Aviation Regulations
tenance Manual under ‘‘General Inspection,’’ (14 CFR 43.7) may modify the maintenance
to read, ‘‘The general inspection should be manual as specified in paragraph (e) of this
executed every 5 years until the 3,000-hour AD. Make an entry into the aircraft records
time-in-service structural life limit is met.’’ The showing compliance with this portion of the
above change enforces the 3,000-hour struc- AD following section 43.9 of the Federal
tural life limit set out in page 5.01—Life Lim- Aviation Regulations (14 CFR 43.9).
its of the maintenance manual.
Note: Section 5.0 of the Limitations Section of the CENTRAIR Gliders CENTRAIR 101–101 P–101 A–101 AP Maintenance Manual, date of
approval, December 16, 1983, references 14 CFR Section 91.163. The Code of Federal Regulations has changed. The correct reference is Sec-
tion 91.403.

May I Request an Alternative Method of Issued in Kansas City, Missouri, on August covering the overall operations of
Compliance? 15, 2005. nonbank U.S. parent companies and
(f) You may request a different method of Terry L. Chasteen, their nonbank foreign affiliates. To
compliance or a different compliance time Acting Manager, Small Airplane Directorate, address the current needs of data users
for this AD by following the procedures in 14 Aircraft Certification Service. while at the same time keeping the
CFR 39.19. Unless FAA authorizes otherwise, [FR Doc. 05–16529 Filed 8–19–05; 8:45 am] respondent burden as low as possible,
send your request to your principal BILLING CODE 4910–13–P BEA proposes modification, addition, or
inspector. The principal inspector may add deletion of items on the survey forms
comments and will send your request to the and in the reporting criteria. Most of the
Manager, Standards Office, Small Airplane DEPARTMENT OF COMMERCE changes are proposed to bring the BE–
Directorate, FAA. For information on any 11 forms and related instructions into
already approved alternative methods of Bureau of Economic Analysis conformity with the 2004 BE–10,
compliance, contact Greg Davison, Aerospace Benchmark Survey of U.S. Direct
Engineer, FAA, Small Airplane Directorate, 15 CFR Part 806 Investment Abroad.
901 Locust, Room 301, Kansas City, Missouri DATES: Comments on this proposed rule
[Docket No. 050726200–5200–01]
64106; telephone: (816) 329–4130; facsimile: will receive consideration if submitted
(816) 329–4090. RIN 0691–AA58 on or before 5 p.m. October 21, 2005.
May I Get Copies of the Documents ADDRESSES: You may submit comments,
Direct Investment Surveys: BE–11,
Referenced in This AD?
Annual Survey of U.S. Direct identified by RIN 0691–AA58, and
(g) To get copies of the documents Investment Abroad referencing the agency name (Bureau of
referenced in this AD, contact CENTRAIR, Economic Analysis), by any of the
Aerodome B.P.N. 44, 36300 Le Blanc, France; AGENCY: Bureau of Economic Analysis, following methods:
telephone: 02.54.37.07.96; facsimile: Commerce. • Federal eRulemaking Portal: http://
02.54.37.48.64. To view the AD docket, go to ACTION: Notice of proposed rulemaking. www.regulations.gov. Follow the
the Docket Management Facility; U.S. instructions for submitting comments.
Department of Transportation, 400 Seventh SUMMARY: This proposed rule amends For agency, select ‘‘Commerce
Street, SW., Nassif Building, Room PL–401, regulations of the Bureau of Economic Department—all.’’
Washington, DC, or on the Internet at http:/ Analysis, Department of Commerce • E-mail: Obie.Whichard@bea.gov.
/dms.dot.gov. This is docket number FAA– (BEA) to set forth the reporting • Fax: Office of the Chief,
2005–21951; Directorate Identifier 2005–CE– requirements for the BE–11, Annual International Investment Division, (202)
39–AD. Survey of U.S. Direct Investment 606–5318.
Abroad. The BE–11 survey is conducted • Mail: Office of the Chief,
annually and is a sample survey that International Investment Division, U.S.
obtains financial and operating data Department of Commerce, Bureau of

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Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Proposed Rules 48921

Economic Analysis, BE–50, Washington, Direct U.S. Reporters to file selected Survey Background
DC 20230. affiliates on the BE–11B(EZ) form; (2) The Bureau of Economic Analysis
• Hand Delivery/Courier: Office of increase the exemption level for (BEA), U.S. Department of Commerce,
the Chief, International Investment reporting on the BE–11B(SF) form and will conduct the survey under the
Division, U.S. Department of Commerce, BE–11C form from $30 million to $40 International Investment and Trade in
Bureau of Economic Analysis, BE–50, million; (3) increase the exemption level Services Survey Act (22 U.S.C. 3101–
Shipping and Receiving, Section M100, for reporting on the BE–11B(LF) form 3108), hereinafter, ‘‘the Act.’’ Section
1441 L Street, NW., Washington, DC from $100 million to $150 million; and 4(a) of the Act requires that with respect
20005. (4) increase the exemption level for to United States direct investment
Public Inspection: Comments may be reporting only selected items on Form abroad, the President shall, to the extent
inspected at BEA’s offices, 1441 L Street BE–11A from $100 million to $150 he deems necessary and feasible,
NW, Room 7006, between 8:30 a.m. and million. In addition to certain conduct a regular data collection
5 p.m., Eastern Time Monday through identification items, U.S. Reporters with program to secure current information
Friday. total assets, sales or gross operating on international financial flows and
FOR FURTHER INFORMATION CONTACT: Obie revenues, and net income (loss) less other information related to
G. Whichard, Chief, International than or equal to $150 million would international investment and trade in
Investment Division (BE–50), Bureau of report only selected items on the BE– services, including (but not limited to)
Economic Analysis, U.S. Department of 11A report. The foreign affiliate such information as may be necessary
Commerce, Washington, DC 20230; exemption level is the level of a foreign for computing and analyzing the United
affiliate’s assets, sales, or net income States balance of payments, the
phone (202) 606–9890.
below which a Form BE–11B(LF), (SF), employment and taxes of United States
SUPPLEMENTARY INFORMATION: This (EZ) or BE–11C is not required. The
proposed rule would amend 15 CFR parents and affiliates, and the
exemption levels for the BE–11 survey international investment and trade in
Part 806.14 to set forth the reporting were last raised following the 1999
requirements for the BE–11, Annual services position of the United States.
benchmark survey and were effective In Section 3 of Executive Order
Survey of U.S. Direct Investment with the annual survey covering the
Abroad. The Department of Commerce, 11961, the President delegated authority
year 2000. granted under the Act as concerns direct
as part of its continuing effort to reduce In conjunction with the increase in
paperwork and respondent burden, investment to the Secretary of
the exemption level for reporting on Commerce, who has redelegated it to
invites the general public and other Forms BE–11B(SF) and BE–11C, BEA BEA. The annual survey of U.S. direct
Federal agencies to comment on proposes to introduce a schedule on investment abroad is a sample survey
proposed and/or continuing information Form BE–11A to collect a few data items that provides a variety of measures of
collections, as required by the for affiliates with assets, sales, and net the overall operations of U.S. parent
Paperwork Reduction Act of 1995. income between $10 million and $40 companies and their foreign affiliates,
Description of Changes million that were established or including total assets, sales, net income,
acquired during the year. The employment and employee
The BE–11 survey is a mandatory information collected on the new
survey and is conducted annually by compensation, research and
schedule is needed to maintain data development expenditures, and exports
BEA under the International Investment quality in the face of the proposed
and Trade in Services Survey Act (22 and imports of goods. The sample data
increase in the short-form exemption are used to derive universe estimates in
U.S.C. 3101–3108), hereinafter, ‘‘the level, and will help to avoid
Act.’’ BEA will send the survey to nonbenchmark years from similar data
understatement of estimates for foreign- reported in the BE–10, Benchmark
potential respondents in March of each affiliate activities in emerging
year; responses will be due by May 31. Survey of U.S. Direct Investment
economies, where there may be Abroad, which is taken every five years.
As described below, BEA is proposing significant entry of smaller affiliates
several changes to the survey. Most of The data are needed to measure the size
between benchmark surveys. and economic significance of direct
the changes are to bring the survey into BEA is proposing a few changes to the
conformity with the most recent investment abroad, measure changes in
report forms themselves. BEA proposes such investment, and assess its impact
Benchmark Survey of U.S. Direct to add questions to the BE–11A form,
Investment Abroad, which covered on the U.S. and foreign economies. The
BE–11B(LF) form, and BE–11B(SF) form data are disaggregated by country and
2004. Changes also are proposed to to bring the annual survey into
introduce a statistical sampling industry of the foreign affiliate and by
conformity with the BE–10 benchmark industry of the U.S. parent.
procedure and to introduce a schedule survey. BEA proposes to collect
for reporting summary information on information on: (1) The broad Executive Order 12866
foreign affiliates that were established or occupational structure of employment, This proposed rule has been
acquired during the year but fell below (2) premiums earned and claims paid by determined to be not significant for
the threshold for being reported on U.S. Reporters and foreign affiliates purposes of E.O. 12866.
separate foreign-affiliate report forms. operating in the insurance industry, and
BEA proposes to introduce a sampling (3) finished goods purchased for resale Executive Order 13132
procedure that will utilize a new BE– for U.S. Reporters and foreign affiliates This proposed rule does not contain
11B(EZ) form. This form will provide a operating in the wholesale and retail policies with Federalism implications
few basic indicators for non-sample trade industries. In addition, BEA sufficient to warrant preparation of a
foreign affiliates that can be used as a proposes to expand the ownership Federalism assessment under E.O.
basis for estimating data that otherwise section on the BE–11B(LF) and (SF) 13132.
would have to be reported on the forms to include components that are
lengthier BE–11B(LF) and BE–11B(SF) collected on the benchmark survey and Paperwork Reduction Act
forms. To reduce respondent burden, to add a retained earnings reconciliation This proposed rule contains a
BEA proposes the following changes to section on the BE–11B(LF) form similar collection-of-information requirement
the Code of Federal Regulations: (1) to that on the benchmark survey. subject to review and approval by the

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48922 Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Proposed Rules

Office of Management and Budget Flexibility Act (5 U.S.C. 605(b)), that 2. Section 806.14(f)(3) is revised to
(OMB) under the Paperwork Reduction this proposed rulemaking, if adopted, read as follows:
Act (PRA). The requirement has been will not have a significant economic
submitted to the OMB for approval as a impact on a substantial number of small § 806.14 U.S. direct investment abroad.
revision to a collection currently entities. Few, if any, small U.S. * * * * *
approved under OMB control number businesses are subject to the reporting (f) * * *
0608–0053. requirements of this survey. U.S. (3) BE–11—Annual survey of U.S.
Notwithstanding any other provisions companies that have direct investments Direct Investment Abroad: A report,
of the law, no person is required to abroad tend to be quite large. The consisting of Form BE–11A and Form(s)
respond to, nor shall any person be exemption level for the BE–11 survey is BE–11B(LF)(Long Form), BE–
subject to a penalty for failure to comply set in terms of the size of a U.S. 11B(SF)(Short Form), BE–11B(EZ), and/
with, a collection-of-information subject company’s foreign affiliates (foreign or BE–11C, is required of each nonbank
to the requirements of the Paperwork companies owned 10 percent or more by U.S. Reporter that, at the end of the
Reduction Act unless that collection the U.S. company); if a foreign affiliate Reporter’s fiscal year, had a nonbank
displays a currently valid OMB control has assets, sales, or net income greater foreign affiliate reportable on Form BE–
number. than the exemption level, it must be 11B(LF), (SF), (EZ), or BE–11C. Forms
The survey, as proposed, is expected reported on Form BE–11B(LF), BE– required and the criteria for reporting on
to result in the filing of reports from 11B(SF), BE–11B(EZ), or BE–11C. With each are as follows:
approximately 1,500 respondents. The the increase in the exemption level for (i) Form BE–11A (Report for U.S.
respondent burden for this collection of the BE–11 survey from $30 million to Reporter) must be filed by each nonbank
information will vary from one $40 million, about 200 fewer U.S. U.S. person having a foreign affiliate
company to another, but is estimated to businesses will be required to file. reportable on Form BE–11B(LF), (SF),
average 78.4 hours per response, Therefore, the burden on small (EZ), or BE–11C. If the U.S. Reporter is
including time for reviewing businesses would not increase and is a corporation, Form BE–11A is required
instructions, searching existing data likely to decrease since the U.S. parent to cover the fully consolidated U.S.
sources, gathering and maintaining the company required to file the report is domestic business enterprise. However,
data needed, and completing and usually many times larger than its where a U.S. Reporter’s primary line of
reviewing the collection of information. largest foreign affiliate. To further business is not in banking (or related
Thus the total respondent burden of the reduce the reporting burden on smaller financial activities), but the Reporter
survey is estimated at 117,600 hours businesses, U.S. Reporters with total also has ownership in a bank, banking
(1,500 respondents times 78.4 hours assets, sales or gross operating revenues, activities should be included on the BE–
average burden). This estimate is and net income less than or equal to 11A using the equity method of
slightly below the burden of 118,400 $150 million (positive or negative) are accounting.
hours currently requested for this (A) If for a nonbank U.S. Reporter any
required to report only selected items on
survey in the OMB inventory. The one of the following three items—total
the BE–11A form for U.S. Reporters in
decrease in the burden is largely due to assets, sales or gross operating revenues
addition to forms they may be required
proposed changes in reporting excluding sales taxes, or net income
to file for their foreign affiliates.
requirements. Because there are few small after provision for U.S. income taxes—
Comments are requested concerning: businesses that are impacted by this was greater than $150 million (positive
(a) Whether the proposed collection of rule, and because those small businesses or negative) at the end of, or for, the
information is necessary for the proper that are impacted by this rule are subject Reporter’s fiscal year, the U.S. Reporter
performance of the functions of the to only minimal recordkeeping burdens, must file a complete Form BE–11A. It
agency, including whether the the Chief Counsel for Regulation must also file a Form BE–11B(LF), (SF),
information will have practical utility; certifies that this proposed rule will not (EZ), or BE–11C as applicable, for each
(b) the accuracy of the burden estimate; have a significant economic impact on nonexempt foreign affiliate.
(c) ways to enhance the quality, utility, (B) If for a nonbank U.S. Reporter no
a substantial number of small entities.
and clarity of the information collected; one of the three items listed in
and (d) ways to minimize the burden of List of Subjects in 15 CFR Part 806 paragraph (f)(3)(i)(A) of this section was
the collection of information on the U.S. investment abroad, Multinational greater than $150 million (positive or
respondents, including the use of corporations, Economic statistics, negative) at the end of, or for, the
automated collection techniques or Penalties, Reporting and recordkeeping Reporter’s fiscal year, the U.S. Reporter
other forms of information technology. requirements. is required to file on Form BE–11A only
Comments should be addressed to: items 1 through 27 and Part IV. It must
Dated: August 12, 2005.
Director, Bureau of Economic Analysis also file a Form BE–11B(LF), (SF), (EZ),
(BE–1), U.S. Department of Commerce, J. Steven Landefeld, or BE–11C as applicable, for each
Washington, DC 20230; (fax: 202–606– Director, Bureau of Economic Analysis. nonexempt foreign affiliate.
5311); and to the Office of Management For the reasons set forth in the (ii) Forms BE–11B(LF), (SF), and (EZ)
and Budget, O.I.R.A., Paperwork preamble, BEA proposes to amend 15 (Report for Majority-owned Foreign
Reduction Project 0608–0053, Attention CFR Part 806 as follows: Affiliate).
PRA Desk Officer for BEA, via the (A) A BE–11B(LF)(Long Form) is
PART 806—DIRECT INVESTMENT required to be filed for each majority-
Internet at pbugg@omb.eop.gov, or by
SURVEYS owned nonbank foreign affiliate of a
fax at 202–395–7245.
1. The authority citation for 15 CFR nonbank U.S. Reporter for which any
Regulatory Flexibility Act one of the three items—total assets,
Part 806 continues to read as follows:
The Chief Counsel for Regulation, sales or gross operating revenues
Authority: 5 U.S.C. 301; 22 U.S.C. 3101–
Department of Commerce, has certified 3108; E.O. 11961 (3 CFR, 1977 Comp., p. 86), excluding sales taxes, or net income
to the Chief Counsel for Advocacy, as amended by E.O. 12318 (3 CFR, 1981 after provision for foreign income
Small Business Administration, under Comp., p. 173); E.O. 12518 (3 CFR, 1985 taxes—was greater than $150 million
the provisions of the Regulatory Comp., p. 348). (positive or negative) at the end of, or

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Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Proposed Rules 48923

for, the affiliate’s fiscal year, unless the or indirectly, by all U.S. Reporters of the to classify certain sections of the Lower
nonbank foreign affiliate is selected to affiliate combined. Delaware River as Outstanding Basin
be reported on Form BE–11B(EZ). (D) Its U.S. parent (U.S. Reporter) is Waters as originally proposed, and
(B) BE–11B(SF)(Short Form) is a bank. whether to make the temporary Special
required to be filed for each majority- (E) It is itself a bank. Protection Waters designation
owned nonbank foreign affiliate of a (v) Notwithstanding paragraph permanent for some or all of the Lower
nonbank U.S. Reporter for which any (f)(3)(iv) of this section, a Form BE– Delaware River, the Commission wishes
one of the three items listed in 11B(LF), (SF), (EZ) or BE–11C must be to fully evaluate implementation
paragraph (f)(3)(ii)(A) of this section was filed for a foreign affiliate of the U.S. options and establish numeric values for
greater than $40 million (positive or Reporter that owns another non-exempt existing water quality based upon
negative), but for which no one of these foreign affiliate of that U.S. Reporter, analysis of a five-year (2000–2004) data
items was greater than $150 million even if the foreign affiliate parent is set, for which the final year of data only
(positive or negative), at the end of, or otherwise exempt. That is, all affiliates became available late in 2004. Extension
for, the affiliate’s fiscal year, unless the upward in the chain of ownership must of the temporary designation will
nonbank foreign affiliate is selected to be reported. protect the exceptional value of the
be reported on Form BE–11B(EZ). * * * * * Lower Delaware from degradation
(C) A BE–11B(EZ) is required to be [FR Doc. 05–16601 Filed 8–19–05; 8:45 am] during the period required to complete
filed for each nonbank foreign affiliate this evaluation and conduct a notice
BILLING CODE 3510–06–P
that is selected to be reported on this and comment rulemaking process on the
form in lieu of Form BE–11B(LF) or numeric values and permanent
Form BE–11B(SF). classification.
(iii) Form BE–11C (Report for DELAWARE RIVER BASIN
Minority-owned Foreign Affiliate) must COMMISSION DATES: The public hearing will be held
be filed for each minority-owned on Monday, September 26, 2005 at the
nonbank foreign affiliate that is owned 18 CFR Part 410 Commission’s regular business meeting,
at least 20 percent, but not more than 50 which will begin at 1:30 p.m. Persons
Proposed Temporary Amendment to wishing to testify are asked to register in
percent, directly and/or indirectly, by the Water Quality Regulations, Water
all U.S. Reporters of the affiliate advance with the Commission
Code and Comprehensive Plan To Secretary, at (609) 883–9500 ext. 203.
combined, and for which any one of the Extend Designation of the Lower
three items listed in paragraph Written comments will be accepted
Delaware River as a Special Protection through the close of the public hearing;
(f)(3)(ii)(A) of this section was greater Water
than $40 million (positive or negative) however earlier submittals would be
at the end of, or for, the affiliate’s fiscal AGENCY: Delaware River Basin appreciated.
year. In addition, for the report covering Commission. ADDRESSES: The public hearing will take
fiscal year 2007 only, a Form BE–11C ACTION: Notice of proposed rulemaking place at the Commission’s office
must be filed for each minority-owned and public hearing. building, located at 25 State Police
nonbank foreign affiliate that is owned, Drive, West Trenton, NJ. Directions are
directly or indirectly, at least 10 percent SUMMARY: The Delaware River Basin
posted on the Commission’s Web site,
by one U.S. Reporter, but less than 20 Commission will hold a public hearing http://www.drbc.net. The complete text
percent by all U.S. Reporters of the to receive comments on a proposed of Resolution No. 2005–2, temporarily
affiliate combined, and for which any amendment to the Commission’s Water amending the Water Quality
one of the three items listed in Quality Regulations, Water Code, and Regulations, Water Code, and
paragraph (f)(3)(ii)(A) of this section was Comprehensive Plan to extend the Comprehensive Plan by classifying the
greater than $100 million (positive or temporary classification of the Lower Lower Delaware River as Special
negative) at the end of, or for, the Delaware River as Significant Resource Protection Waters, is available on the
affiliate’s fiscal year. Waters. The temporary classification Commission’s Web site at http://
(iv) Based on the preceding, an was enacted by Commission Resolution www.drbc.net or upon request from the
affiliate is exempt from being reported No. 2005–2 on January 19, 2005 Delaware River Basin Commission, PO
if it meets any one of the following following notice and comment Box 7360, West Trenton, NJ 08628–
criteria: rulemaking. Its effect was to make the 0360.
(A) None of the three items listed in Lower Delaware subject to all applicable
paragraph (f)(3)(ii)(A) of this section provisions of the Commission’s Special FOR FURTHER INFORMATION CONTACT: For
exceeds $40 million (positive or Protection Waters regulations, except further information, contact Pamela M.
negative). (However, affiliates that were those that depend for implementation Bush, Commission Secretary and
established or acquired during the year upon the use of numeric values for Assistant General Counsel, Delaware
and for which at least one of these items existing water quality. Absent further River Basin Commission, at 609–883–
was greater than $10 million but not amendment to extend the classification, 9500 ext. 203.
over $40 million must be listed, and key it will expire on September 30, 2005. SUPPLEMENTARY INFORMATION: On
data items reported, on a supplement The Commission today proposes to September 22, 2004, the Delaware River
schedule on Form BE–11A.) extend that date by up to twelve Basin Commission published on its Web
(B) For fiscal year 2007 only, it is less months. The classification would thus site a Notice of Proposed Rulemaking to
than 20 percent owned, directly or expire on September 30, 2006 unless the amend the Water Quality Regulations,
indirectly, by all U.S. Reporters of the Commission should either permanently Water Code and Comprehensive Plan to
affiliate combined and none of the three classify the Lower Delaware River or designate the Lower Delaware River—
items listed in paragraph (f)(3)(ii)(A) of once again extend the temporary the reach between River Mile 209.5,
this section exceeds $100 million classification by rule amendment prior which is the downstream boundary of
(positive or negative). to that date. the Delaware Water Gap National
(C) For fiscal years other than 2007, it The proposed extension is needed Recreation Area, and River Mile 133.4,
is less than 20 percent owned, directly because before deciding whether or not which is the head of tide at Trenton,

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