Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-12-09.xml --- 68 236 Tuesday, December 9, 2003 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agricultural Agricultural Marketing Service RULES Egg, poultry, and rabbit products; inspection and grading: Fees and charges increase, 68487-68489 03-30596 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Housing Service Air Force Air Force Department RULES Privacy Act; implementation, 68517-68518 03-30400 PROPOSED RULES Privacy Act; implementation, 68578-68579 03-30398 NOTICES Privacy Act:

Systems of records, 68608-68612 03-30399 03-30402 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 68628-68632 03-30415 03-30428 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Maine, 68590 03-30433 Coast Guard Coast Guard RULES Ports and waterways safety: San Carlos Bay, FL; regulated navigation area, 68518-68521 03-30446 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Cambodia, 68597 E3-00485 Macedonia, 68597-68598 E3-00486 Nepal, 68598-68599 E3-00487 Oman, 68602-68603 E3-00488 Pakistan, 68599-68600 03-30481 Poland, 68600-68601 03-30482 Qatar, 68601 03-30483 Russia, 68601-68602 03-30484 Comptroller Comptroller of the Currency RULES National banks: Securities; reporting and disclosure requirements, 68489-68493 03-30442 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68689-68690 03-30405 Defense Defense Department See Air Force Department See Defense Logistics Agency See Navy Department PROPOSED RULES Privacy Act; implementation, 68577-68578 03-30396 NOTICES Environmental statements; availability, etc:

Ground-Based Midcourse Defense target launches; Kodiak Launch Complex, record of decision, 68603-68605 03-30395 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 68605-68606 03-30343 03-30469 Privacy Act: Systems of records, 68606-68608 03-30397 Defense Defense Logistics Agency NOTICES Privacy Act: Systems of records, 68612-68613 03-30404 Education Education Department RULES Elementary and secondary education:

Disadvantaged children; academic achievement improvement, 68697-68708 03-30092 NOTICES Grants and cooperative agreements; availability, etc.: Postsecondary education— Strengthening Institutions Program, etc., 68614-68617 03-30432 Employee Employee Benefits Security Administration PROPOSED RULES Employee Retirement Income Security Act: Electronic registration requirements for Investment Advisers, 68709-68715 03-30435 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Maryland, 68523-68526 03-30509 Missouri, 68521-68523 03-30039 Hazardous waste program authorizations: Louisiana, 68526-68531 03-30511 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 68580-68581 03-30510 Missouri, 68579-68580 03-30040 New Jersey, 68581-68585 03-30514 Hazardous waste program authorizations: Louisiana, 68585 03-30512 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68617-68619 03-30516 03-30518 Grants and cooperative agreements; availability, etc.:

State and tribal response programs, 68619-68624 03-30519 Water pollution control: Total maximum daily loads— Arkansas; state-wide waters list, 68625 03-30515 Water supply: Public water supply supervision program— Maryland, 68625 03-30517 FAA Federal Aviation Administration RULES Airworthiness directives: Special conditions— Boeing Model 707-300 series airplanes, 68501-68503 03-30448 Israel Aircraft Industries Model 1124 airplanes, 68499-68501 03-30447 Class D and E airspace, 68503-68504 03-30461 Class E airspace, 68504-68509 03-30454 03-30459 PROPOSED RULES Airworthiness directives:

Special conditions— Boeing Model 747-100/200B/200F/200F/200C/SR/SP/100B SUD/400/400D/400F series airplanes, 68563-68573 03-30449 Class D and E airspace, 68573-68575 03-30457 Class E airspace, 68575-68576 03-30460 Federal airways, 68576-68577 03-30450 NOTICES Exemption petitions; summary and disposition, 68686-68687 03-30451 03-30453 Passenger facility charges; applications, etc.: Dubois-Jefferson County Airport, PA, 68687-68688 03-30464 Eastern Iowa Airport, IA, 68688-68689 03-30465 George M.

Bryan Field Airport, MS, 68689 03-30463 Golden Triangle Regional Airport, MS, 68689 03-30462 FCC Federal Communications Commission RULES Radio frequency devices: Unlicensed operation, 68531-68547 03-30314 Radio stations; table of assignments: Texas, 68547-68548 03-30440 PROPOSED RULES Common carrier services: Communications Act of 1934; implementation— Bell Operating Companies

(BOCs)and Section 272 affiliates; operate independently requirement, 68585-68586 03-30441 Federal Reserve Federal Reserve System RULES Bank holding companies and change in bank control (Regulation Y): Nonfinancial data processing, storage and transmission activities; raised revenue limit, 68493-68499 03-29997 NOTICES Banks and bank holding companies: Change in bank control, 68626 03-30349 Formations, acquisitions, and mergers, 68626-68627 E3-00484 03-30348 Meetings; Sunshine Act, 68627 03-30623 Food Food and Drug Administration RULES Human drugs: Skin protectant drug products (OTC)— Astringent products; final monograph, 68509-68511 03-30394 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68632 03-30534 Meetings: Oncological Drugs Advisory Committee; correction, 68627 03-30436 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Michigan Wacker Chemical Corp.; silicone and ceramics products manufacturing and warehousing; extension, 68590 03-30491 Minnesota, 68590 03-30492 Forest Forest Service NOTICES Environmental statements; notice of intent: Shawnee National Forest, IL, 68587-68589 03-30439 Meetings: Lake County Resource Advisory Committee, 68589 03-30410 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 68605-68606 03-30343 03-30469 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Scientific misconduct findings; administrative actions: Lin, Kuei-Fu (Tom), 68632 03-30536 Xu, Jianhua (James), 68627-68628 03-30535 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Maternal and Child Health Federal Set-Aside Program— Community-Based Abstinence Education Project, 68632-68636 03-30597 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards: Healthy Homes Demonstration and Education, 68641-68642 03-30412 Healthy Homes Demonstration and Lead Technical Studies, 68642-68643 03-30413 Grant and cooperative agreements awards: Operation Lead Elimination Action Program, 68643-68644 03-30414 Grants and cooperative agreements; availability, etc.: Healthy Homes Demonstration and Education Program, 68644 03-30411 Hope VI Revitalization Program, 68644-68648 03-30506 Public and Indian housing— Public Housing Operating Fund Formula, 68648-68649 03-30507 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Stockbridge-Munsee Community, WI, 68649-68650 03-30504 Interior Interior Department See Indian Affairs Bureau See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes: Partnership income; return, 68511 03-30524 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68690-68694 03-30525 03-30531 Meetings: Taxpayer Advocacy Panels, 68694 03-30532 03-30533 International International Trade Administration NOTICES Antidumping: Hand trucks and certain parts from— China, 68591-68593 03-30489 Industrial nitrocellulose from— United Kingdom, 68593-68594 03-30490 Steel products: Steel Import Licensing and Surge Monitoring Program, 68594-68595 03-30571 International International Trade Commission NOTICES Import investigations: Economic effects of significant U.S. import restraints; hearing canceled, 68650-68651 03-30443 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings, 68587 03-30523 Justice Justice Department See Parole Commission NOTICES Pollution control; consent judgments: Hamilton County Commissioners Board and Cincinnati, OH, 68651 03-30470 Labor Labor Department See Employee Benefits Security Administration NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 68605-68606 03-30343 03-30469 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 68636-68637 03-30495 Inventions, Government-owned; availability for licensing, 68637-68641 03-30496 03-30498 Meetings: National Institute of Neurological Disorders and Stroke, 68641 03-30494 NOAA National Oceanic and Atmospheric Administration NOTICES Permits: Exempted fishing, 68595-68596 03-30487 Marine mammals, 68596-68597 03-30488 Navy Navy Department RULES Navigation, COLREGS compliance exemptions: USS BENFOLD, 68515-68516 03-30421 USS CARNEY, 68516-68517 03-30423 USS CHAFE, 68513-68514 03-30419 USS PINCKNEY, 68511-68513 03-30418 USS RONALD REAGAN, 68514-68515 03-30420 USS THEODORE ROOSEVELT, 68516 03-30422 NOTICES Privacy Act: Systems of records, 68613-68614 03-30403 Nuclear Nuclear Regulatory Commission PROPOSED RULES Byproduct material; medical use: Specialty boards recognition, 68549-68563 03-30358 NOTICES Committees; establishment, renewal, termination, etc.: Medical Uses of Isotopes Advisory Committee, 68652 03-30468 Nuclear waste and spent fuel shipments: Approved transportation package, 68652-68654 03-30466 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 68654-68675 03-30246 Regulatory guides; issuance, availability, and withdrawal, 68675 03-30467 Parole Parole Commission NOTICES Meetings; Sunshine Act, 68651-68652 03-30580 03-30581 Peace Peace Corps RULES Freedom of Information Act; implementation Correction, 68695 C3-29409 Postal Postal Rate Commission NOTICES Visits to facilities, 68675 03-30434 Reclamation Reclamation Bureau NOTICES Practice and procedure: Costs assessment adjustment, 68650 03-30417 Rural Rural Housing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 68589-68590 03-30437 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 68675-68676 03-30499 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 68676-68677 03-30501 National Association of Securities Dealers, Inc., 68677-68684 03-30500 03-30503 National Stock Exchange, 68684-68685 03-30502 SBA Small Business Administration NOTICES Disaster loan areas: Puerto Rico, 68685 03-30430 West Virginia, 68685-68686 03-30429 03-30431 State State Department NOTICES Meetings: International Telecommunication Advisory Committee, 68686 03-30276 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Education Department, 68697-68708 03-30092 Part III Labor Department, Employee Benefits Security Administration, 68709-68715 03-30435 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. 68 236 Tuesday, December 9, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 56 and 70 [Docket No. PY-03-001] Increase in Fees and Charges for Egg, Poultry, and Rabbit Grading AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is increasing the fees and charges for Federal voluntary egg, poultry, and rabbit grading. These fees and charges are increased to cover the increase in salaries of Federal employees, salary increases of State employees cooperatively utilized in administering the programs, and other increased Agency costs. EFFECTIVE DATE: January 1, 2004. FOR FURTHER INFORMATION CONTACT: David Bowden, Jr., Chief, Standardization Branch,

(202)720-3506. SUPPLEMENTARY INFORMATION: Background and Proposed Changes The Agricultural Marketing Act

(AMA)of 1946 (7 U.S.C. 1621 *et seq.* ) authorizes official voluntary grading and certification on a user-fee basis of eggs, poultry, and rabbits. The AMA provides that reasonable fees be collected from users of the program services to cover, as nearly as practicable, the costs of services rendered. The AMS regularly reviews these programs to determine if fees are adequate and if costs are reasonable. The AMS regularly reviews these programs to determine if fees are adequate and if costs are reasonable. This rule will amend the schedule for fees and charges for grading services rendered to the egg, poultry, and rabbit industries to reflect the costs currently associated with them. A recent review of the current fee schedule, effective January 1, 2003, revealed that anticipated revenue would not adequately cover increasing program costs. Costs in FY 2004 are projected at $29.8 million. Without a fee increase, FY 2004 revenues are projected at $29.0 million and trust fund balances would be $14.6 million. With a fee increase, FY 2004 revenues are projected at $29.8 million and trust fund balances would remain at $15.2 million. Employee salaries and benefits account for approximately 82 percent of the total operating budget. The last general and locality salary increase for Federal employees became effective on January 1, 2003, and it materially affected program costs. Projected cost estimates for that increase were based on a salary increase of 2.6 percent, however, the increase was actually 4.02 to 4.87 percent, depending on locality. Another general and locality salary increase estimated at 2 percent is expected in January 2004. Also, from October 2002 through September 2004, salaries and fringe benefits of federally-licensed State employees will have increased by about 3 percent. The impact of these cost increases was determined for resident, nonresident, and fee services. To offset projected cost increases, the hourly resident and nonresident rate will be increased by approximately 3 percent and the fee rate will be increased by approximately 4 percent. The hourly rate for resident and nonresident service covers graders' salaries and benefits. The hourly rate for fee service covers graders' salaries and benefits, plus the cost of travel and supervision. As shown in the table below, only the maximum monthly administrative charge that covers overhead costs for resident poultry and shell egg grading would be increased, while other administrative charges would not be changed. The following table compares current fees and charges with proposed fees and charges for egg, poultry, and rabbit grading as found in 7 CFR parts 56 and 70: Service Current Proposed Resident Service (egg, poultry, and rabbit grading) Inauguration of service 310 310 Hourly charges: Regular hours 33.36 34.36 Administrative charges—Poultry grading: Per pound of poultry .00037 .00037 Minimum per month 260 260 Maximum per month 2,675 2,755 Administrative charges—Shell egg grading: Per 30-dozen case of shell eggs .048 .048 Minimum per month 260 260 Maximum per month 2,675 2,755 Administrative charges—Rabbit grading: Based on 25% of grader's salary, minimum per month 260 260 Nonresident Service (egg and poultry grading) Hourly charges: Regular hours 33.36 34.36 Administrative charges: Based on 25% of grader's salary, minimum per month 260 260 Fee and Appeal Service (egg, poultry, and rabbit grading) Hourly charges: Regular hours: 57.68 60.00 Weekend and holiday hours 66.64 69.32 Comments Based on the analysis of costs to provide these services, a proposed rule to increase the fees for these services was published in the **Federal Register** (68 FR 37984) on June 26, 2003. Comments on the proposed rule were solicited from interested parties until July 28. No comments were received. The Agency will implement these increases, as proposed, to ensure the financial stability of its grading programs. Executive Order 12866 This action has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Pursuant to the requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), the AMS has considered the economic impact of this action on small entities. It is determined that its provisions would not have a significant economic impact on a substantial number of small entities. There are about 400 users of Poultry Programs' grading services. These official plants can pack eggs, poultry, and rabbits in packages bearing the USDA grade shield when AMS graders are present to certify that the products meet the grade requirements as labeled. Many of these users are small entities under the criteria established by the Small Business Administration (13 CFR 121.201). These entities are under no obligation to use grading services as authorized under the Agricultural Marketing Act of 1946. The AMS regularly reviews its user fee financed programs to determine if fees are adequate and if costs are reasonable. A recent review determined that the existing fee schedule, effective January 1, 2003, will not generate sufficient revenues to cover program costs while maintaining an adequate reserve balance in FY 2004. Costs in FY 2004 are projected at $29.8 million. Without a fee increase, FY 2004 revenues are projected at $29.0 million and trust fund balances would be $14.6 million. With a fee increase, FY 2004 revenues are projected at $29.8 million and trust fund balances would remain at $15.2 million. This action will raise the fees charged to users of grading services. The AMS estimates that overall, this rule will yield an additional $800,000 during FY 2004. The hourly rate for resident and nonresident service will increase by approximately 3 percent and the fee rate will increase by approximately 4 percent. The impact of these rate changes in a poultry plant will range from less than 0.0001 to 0.025 cents per pound of poultry handled. In a shell egg plant, the range will be less than 0.00002 to 0.11 cents per dozen eggs handled. Civil Justice Reform This action has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Paperwork Reduction The information collection requirements that appear in the sections to be amended by this action have been previously approved by OMB and assigned OMB Control Numbers under the Paperwork Reduction Act (44 U.S.C. Chapter 35) as follows: § 56.52(a)(4)—No. 0581-0128; and § 70.77(a)(4)—No. 0581-0127. Pursuant to 5 U.S.C. 533, it is found and determined that good cause exists for not postponing the effective date of this action until 30 days after publication in the **Federal Register** . The revised fees need to be implemented on an expedited basis in order to avoid further financial losses in the grading program. The effective date of the fee increase will coincide with the billing cycle that begins on the first day of the first month after the date of publication in the **Federal Register** . List of Subjects 7 CFR Part 56 Eggs and egg products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements. 7 CFR Part 70 Food grades and standards, Food labeling, Poultry and poultry products, Rabbits and rabbit products, Reporting and recordkeeping requirements. For reasons set forth in the preamble, title 7, Code of Federal Regulations, parts 56 and 70 are amended as follows: PART 56—GRADING OF SHELL EGGS 1. The authority citation for part 56 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 2. Section 56.46 is revised to read as follows: § 56.46 On a fee basis.

(a)Unless otherwise provided in this part, the fees to be charged and collected for any service performed, in accordance with this part, on a fee basis shall be based on the applicable rates specified in this section.

(b)Fees for grading services will be based on the time required to perform the services. The hourly charge shall be $60.00 and shall include the time actually required to perform the grading, waiting time, travel time, and any clerical costs involved in issuing a certificate.

(c)Grading services rendered on Saturdays, Sundays, or legal holidays shall be charged for at the rate of $69.32 per hour. Information on legal holidays is available from the Supervisor. 3. In § 56.52, paragraph (a)(4) is revised to read as follows: § 56.52 Continuous grading performed on resident basis.

(a)* * *

(4)An administrative service charge based upon the aggregate number of 30-dozen cases of all shell eggs handled in the plant per billing period multiplied by $0.048, except that the minimum charge per billing period shall be $260 and the maximum charge shall be $2,755. The minimum charge also applies where an approved application is in effect and no product is handled. PART 70—VOLUNTARY GRADING OF POULTRY PRODUCTS AND RABBIT PRODUCTS 4. The authority citation for part 70 continues to read as follows: Authority: 7 U.S.C. 1621-1627. 5. Section 70.71 is revised to read as follows: § 70.71 On a fee basis.

(b)Fees for grading services will be based on the time required to perform such services for class, quality, quantity (weight test), or condition, whether ready-to-cook poultry, ready-to-cook rabbits, or specified poultry food products are involved. The hourly charge shall be $60.00 and shall include the time actually required to perform the work, waiting time, travel time, and any clerical costs involved in issuing a certificate.

(c)Grading services rendered on Saturdays, Sundays, or legal holidays shall be charged for at the rate of $69.32 per hour. Information on legal holidays is available from the Supervisor. 6. In § 70.77, paragraph (a)(4) is revised to read as follows: § 70.77 Charges for continuous poultry or rabbit grading performed on a resident basis.

(a)* * *

(4)For poultry grading: An administrative service charge based upon the aggregate weight of the total volume of all live and ready-to-cook poultry handled in the plant per billing period computed in accordance with the following: Total pounds per billing period multiplied by $0.00037, except that the minimum charge per billing period shall be $260 and the maximum charge shall be $2,755. The minimum charge also applies where an approved application is in effect and no product is handled. Dated: December 4, 2003. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 03-30596 Filed 12-8-03; 8:45 am]

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