Unknown. Direct final rule; request for comments

3,067 words·~14 min read·/register/2003/12/02/03-30014·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2003-12-02.xml --- 68 231 Tuesday, December 2, 2003 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Organic producers and marketers; exemption from assessments for market promotion activities, 67381-67385 03-29958 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Natural Resources Conservation Service NOTICES Privacy Act: Systems of records, 67392-67397 03-29990 Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcohol; viticultural area designations:

Russian River Valley, Sonoma County, CA, 67367-67371 03-29906 PROPOSED RULES Alcoholic beverages: Flavored malt beverages Comments received; Internet posting, 67388-67389 03-29905 Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Material compositions of microbial and chemical protection, 67404-67405 03-29979 Reversible garment, 67405 03-29978 Senior Executive Service: Performance Review Board; membership, 67405-67406 03-29980 03-29981 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Human immunodeficiency virus (HIV)— Capacity building assistance to improve delivery and effectiveness of HIV prevention services for racial/ethnic minority populations, 67557-67566 03-29806 Prevention projects for community based organizations, 67565-67575 03-29807 Youth Violence Prevention Through Community-Level Change Program, 67450-67455 03-29895 Citizenship Citizenship and Immigration Services Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 67463-67464 03-29880 Coast Guard Coast Guard RULES Ports and waterways safety:

Bogue Sound, NC; safety zone, 67371-67372 03-29926 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 67404 03-29862 Council Council on Environmental Quality NOTICES Meetings: National Environmental Policy Act Task Force, 67437 03-29873 Defense Defense Department See Army Department See Navy Department Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Abbott Laboratories, 67473 03-29964 American Radiolabeled Chemical, Inc., 67473 03-29976 Cambrex Charles City, Inc., 67473-67474 03-29974 Cambrex North Brunswick, Inc., 67474 03-29971 03-29972 Cambridge Isotope Laboratories, Inc., 67474-67475 03-29977 Dinozzi, Anthony D., D.D.S., 67475 03-29966 Lifepoint, Inc., 67475-67476 03-29961 Lin-Zhi International, Inc., 67476 03-29975 Lusman, Jules M., M.D., 67476-67477 03-29967 National Center for Development of Natural Products, University of Mississippi, 67477 03-29962 Normaco Inc., 67477-67478 03-29968 Novus Fine Chemicals, LLC, 67478 03-29973 Penick, Corp., 67478 03-29969 Perry, Anthony, M.D., 67478-67479 03-29965 Sigma Aldrich Research Biochemicals, Inc., 67479-67480 03-29963 Stepan Co., 67480 03-29960 Wildlife Laboratories, Inc., 67480 03-29970 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-29918 67407-67408 03-29919 Employment Employment and Training Administration NOTICES Adjustment assistance:

Alcoa Composition Foils, 67484 03-29948 Amerbelle Corp., 67484 03-29950 Art Leather Manufacturing Co., Inc., 67484 03-29951 Dillon Floral Corp., 67484-67485 03-29953 Fishing Vessels— LADA SANDRA, 67485 03-29956 NEW VIKING, 67485 03-29955 J.P. Berringer, 67485 03-29957 Metal Process Assistance, 67485 03-29949 MT Picture Display Corp. of America, 67485 03-29952 Star Machine Shop, 67485-67486 03-29954 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 67486 03-29947 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Grants and cooperative agreements; availability, etc.:

National Energy Technology Laboratory— Developing coal energy resources; development of technologies and capabilities, 67408-67409 03-29985 Environment Environmental Quality Council See Council on Environmental Quality Equal Equal Employment Opportunity Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 67437-67439 03-29879 Executive Executive Office of the President See Council on Environmental Quality FAA Federal Aviation Administration RULES Class E airspace, 67357-67362 03-30014 03-30015 03-30016 03-30017 03-30018 Standard instrument approach procedures, 67363-67364 03-29844 PROPOSED RULES Airworthiness directives:

Hamilton Sundstrand Corp., 67385-67388 03-29904 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67502-67503 03-30021 03-30022 Airport noise compatibility program: Noise exposure maps— Jackson Hole Airport, WY, 67503-67504 03-30019 Exemption petitions; summary and disposition, 67504-67505 03-30012 Passenger facility charges; applications, etc.: Glynn County Airport Commission; GA, et al., 67505-67506 03-30023 Waterloo Municipal Airport, IA, 67506 03-30020 FCC Federal Communications Commission RULES Digital television stations; table of assignments:

Florida, 67378 03-30011 Radio stations; table of assignments: Georgia, 67378-67379 03-30010 PROPOSED RULES Radio stations; table of assignments: Ohio, 67390 03-29861 Pennsylvania, 67389 03-29860 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67439-67441 03-30004 03-30005 03-30006 Meetings: North American Numbering Council, 67441 03-29920 Rulemaking proceedings; petitions filed, granted, denied, etc., 67441-67442 03-30009 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Trunkline Gas Co., LLC, et al., 67410-67412 E3-00415 Wisconsin Electric Power Co., et al., 67412-67414 E3-00416 *Applications, hearings, determinations, etc.:* CenterPoint Energy Gas Transmission Co., 67409 E3-00417 Indicated Shippers et al., 67410 E3-00418 E3-00419 FMC Federal Maritime Commission PROPOSED RULES Ocean common carriers and marine terminal operators agreements, 67509-67555 03-29738 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 67442 03-29890 Formations, acquisitions, and mergers, 67442 03-29889 Meetings;

Sunshine Act, 67442 03-30130 FTC Federal Trade Commission NOTICES Franchising and business opportunity ventures; disclosure requirements and prohibitions; exemptions: Paccar, Inc., 67442-67443 03-29922 Rolls-Royce Corp., 67443-67444 03-29923 Premerger notification waiting periods; early terminations, 67444-67447 03-29924 Prohibited trade practices: Memorial Hermann Health Network Providers, 67447-67449 03-29921 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 67465-67467 03-29870 Food Food and Drug Administration RULES Medical devices:

Dental devices— Dental sonography and jaw tracking devices; classification, 67365-67367 03-29863 NOTICES Human drugs: Patent extension; regulatory review period determinations— ELOXATIN, 67456-67457 03-29928 INVANZ, 67457-67458 03-29929 LEXAPRO, 67455-67456 03-29927 Meetings: Foodborne Listeria monocytogenes among selected categories of ready-to-eat foods, relative risk to public health; risk assessment; correction, 67458 03-30076 Reports and guidance documents; availability, etc.:

Dental devices— Dental sonography and jaw tracking devices; Class II special controls, 67458-67459 03-29864 Drugs of abuse screening tests; premarket submission and labeling recommendations, 67460-67461 03-29855 Foodborne listeria monocytogenes among selected categories of ready-to-eat foods, relative risk to public health; risk assessment document, etc., 67461 03-30025 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Kentucky, 67400 03-29857 Michigan Wacker Chemical Corp.; silicone and ceramics products manufacturing and warehousing, 67400 03-29856 Mississippi Chevron Products Co.; oil refinery complex, 67400 03-29858 Missouri Bayer CropScience; agricultural chemical products manufacturing facilities, 67401 03-29859 Forest Forest Service NOTICES Environmental statements; notice of intent:

Helena National Forest, MT, 67397-67399 03-29909 Meetings: Lake Tahoe Basin Federal Advisory Committee, 67399 03-29869 Resource Advisory Committees— Plumas County, 67399 03-29868 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration NOTICES Scientific misconduct findings; administrative actions: Blackwell, Sheila, 67449 03-29867 Creek, Khalilah, 67449-67450 03-29866 Woodward, Lajuane, 67450 03-29865 Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard See Immigration and Customs Enforcement Bureau RULES Nonimmigrant classes:

Aliens— Special registration requirements; 30-day and annual interview requirements suspended, 67577-67584 03-30120 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 67465 03-29995 Immigration and Customs Enforcement Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 67464-67465 03-29881 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service International International Trade Administration NOTICES Antidumping:

Brake rotors from— China, 67402-67403 03-30001 Antidumping and countervailing duties: Administrative review requests, 67401-67402 03-30002 International International Trade Commission NOTICES Import investigations: Malleable iron pipe fittings from— China, 67472-67473 03-29959 Justice Justice Department See Drug Enforcement Administration See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 67480-67484 03-29913 03-29914 03-29915 03-29916 03-29917 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Northwest National Petroleum Reserve, AK; Alaska Final Integrated Activity Plan, 67467-67468 03-30035 Meetings: Steens Mountain Advisory Council, 67468 03-29896 Legal Legal Services Corporation RULES Outside practice of law by full-time legal services attorneys, 67372-67378 03-29874 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: FOREVER YOUNG, 67506-67507 03-29885 LET IT RIDE, 67507 03-29886 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 67468-67470 03-29887 NASA National Aeronautics and Space Administration RULES Grant and Cooperative Agreement Handbook:

Photographs and illustrations in reports or publications; public acknowledgements, 67364-67365 03-29931 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67486-67487 03-29991 03-29992 03-29993 03-29994 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 67379-67380 03-29911 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska groundfish, 67390-67391 03-29940 NOTICES Committees; establishment, renewal, termination, etc.:

Channel Islands National Marine Sanctuary Advisory Council, 67403-67404 03-29912 Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish; vessel monitoring systems; correction, 67404 03-29941 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 67470-67472 03-29877 03-29878 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Michigan, 67399-67400 03-30000 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 03-29893 67406-67407 03-29908 Meetings:

Ocean Research Advisory Panel, 67407 03-29897 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-29899 67488-67489 03-29903 Environmental statements; availability, etc.: Energy Nuclear Operations, Inc., 67490-67491 03-29901 Regulatory guides; issuance, availability, and withdrawal, 67491-67492 03-29900 Reports and guidance documents; availability, etc.: Alternative Dispute Resolution Pilot Program; policies and procedures development; comment request and public workshop, 67492 03-29902 *Applications, hearings, determinations, etc.:* Dominion Nuclear North Anna, LLC, 67489-67490 03-29898 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 67492-67494 03-29933 03-29934 Public Utility Holding Company Act of 1935 filings, 67495-67496 03-29937 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 67496-67498 03-29884 Chicago Board Options Exchange, Inc., 67498-67499 03-29939 International Securities Exchange, Inc., 67499-67500 03-29938 Pacific Exchange, Inc., 67500-67501 03-29883 *Applications, hearings, determinations, etc.:* Preferred Income Fund Inc., 67494 03-29935 Preferred Income Opportunity Fund Inc., 67494-67495 03-29936 SBA Small Business Administration NOTICES Disaster loan areas: Puerto Rico, 67501-67502 03-29875 West Virginia, 67502 03-29876 Substance Substance Abuse and Mental Health Services Administration NOTICES Organization, functions, and authority delegations:

Office of the Administrator et al., 67461-67463 03-30024 Senior Executive Service: Performance Review Board; membership, 67463 03-29982 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 67507-67508 03-29809 Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 67508 03-29711 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau Western Western Area Power Administration NOTICES Pick-Sloan Missouri Basin Program, Eastern Division; post 2005 resource pool; power allocation procedures and call for applications Response to comments, 67414-67417 03-29986 Power marketing plans:

Sierra Nevada Region; post-2004 operations; operational alternatives, 67417-67437 03-29984 Separate Parts In This Issue Part II Federal Maritime Commission, 67509-67555 03-29738 Part III Health and Human Services Department, Centers for Disease Control and Prevention, 67557-67575 03-29806 03-29807 Part IV Homeland Security Department, 67577-67584 03-30120 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 68 231 Tuesday, December 2, 2003 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2003-16498; Airspace Docket No. 03-ACE-82] Modification of Class E Airspace; Mount Pleasant, IA AGENCY:

Federal Aviation Administration (FAA), DOT. ACTION: Direct final rule; request for comments. SUMMARY: A review of controlled airspace for Mount Pleasant, IA indicates it does not comply with the criteria for 700 feet Above Ground Level

(AGL)airspace required for diverse departures. The review also revealed a discrepancy in the Mount Pleasant, IA Class E airspace area southeast extension. This action enlarges the Class E airspace area to provide adequate protection for diverse departures, corrects the discrepancy in the southeast extension and brings the legal description into compliance with FAA Orders. DATES: This direct final rule is effective on 0901 UTC, February 19, 2004. Comments for inclusion in the Rules Docket must be received on or before December 31, 2003. ADDRESSES: Send comments on this proposal to the Docket Management System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh Street, SW., Washington, DC 20590-0001. You must identify the docket number FAA-2003-16498/Airspace Docket No. 03-ACE-82, at the beginning of your comments. You may also submit comments on the Internet at *http://dms.dot.gov.* You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1-800-647-5527) is on the plaza level of the Department of Transportation NASSIF Building at the above address. FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division, Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone:

(816)329-2525. SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the Class E airspace area extending upward from 700 feet above the surface at Mount Pleasant, IA. A review of controlled airspace at Mount Pleasant, IA indicates 700 feet Above Ground Level

(AGL)airspace required for diverse departures, as specified in FAA Order 7400.2E, Procedures for Handling Airspace Matters, for Mount Pleasant Municipal Airport does not comply with the Order. The criteria in FAA Order 7400.2E for an aircraft to reach 1200 feet AGL is based on a standard climb gradient of 200 feet per mile plus the distance from the Airport Reference Point

(ARP)to the end of the outermost runway. Any fractional part of a mile is converted to the next higher tenth of a mile. The area is enlarged to conform to the criteria in FAA Order 7400.2E. This action also modifies the southeast extension of the Mount Pleasant, IA Class E airspace area by defining it with the 147° bearing from the Mount Pleasant NDB versus the current 144° bearing. It brings the legal description of this airspace area into compliance with FAA Order 7400.2E. The area will be depicted on appropriate aeronautical charts. Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in paragraph 6005 of FAA Order 7400.9L, dated September 2, 2003, and effective September 16, 2003, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order. The Direct Final Rule Procedure The FAA anticipates that this regulation will not result in adverse or negative comment and, therefore, is issuing it as direct final rule. Previous actions of this nature have not been controversial and have not resulted in adverse comments or objections. Unless a written adverse or negative comment, or a written notice of intent to submit an adverse or negative comment is received within the comment period, the regulation will become effective on the date specified above. After the close of the comment period, the FAA will publish a document in the **Federal Register** indicating that no adverse or negative comments were received and confirming the date on which the final rule will become effective. If the FAA does receive, within the comment period, an adverse or negative comment, or written notice of intent to submit such a comment, a document withdrawing the direct final rule will be published in the **Federal Register** , and a notice of proposed rulemaking may be published with a new comment period. Comments Invited Interested parties are invited to participate in this rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2003-16498/Airspace Docket No. 03-ACE-82.” The postcard will be date/time stamped and returned to the commenter. Agency Findings The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. The FAA has determined that this regulation is noncontroversial and unlikely to result in adverse or negative comments. For the reasons discussed in the preamble, I certify that this regulation

(1)is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under Department of Transportation

(DOT)Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)if promulgated, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment Accordingly, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9L, dated September 2, 2003, and effective September 16, 2003, is amended as follows: *Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.* ACE IA E5 Mount Pleasant, IA Mount Pleasant Municipal Airport, IA (Lat. 40°56′56″ N., long. 91°30′40″ W.) Mount Pleasant NDB (Lat. 40°56′34″ N., long. 91°30′34″ W.) That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Mount Pleasant Municipal Airport; and within 2.6 miles each side of the 147° bearing from the Mount Pleasant NDB extending from the 6.4-miles radius to 7 miles southeast of the airport. Issued in Kansas City, MO on November 21, 2003. Paul J. Sheridan, Acting Manager, Air Traffic Division, Central Region. [FR Doc. 03-30014 Filed 12-1-03; 8:45 am]

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