Unknown. Direct final rule

2,886 words·~13 min read·/register/2003/12/30/03-32013

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-2003-12-30.xml --- 68 246 Tuesday, December 30, 2003 Contents Agency Agency for Healthcare Research and Quality NOTICES Grants and cooperative agreements; availability, etc.: Patient safety and quality of health care; health information technology evaluation, 75245 03-31958 Meetings: Health Services Research Initial Review Group Committee, 75245-75246 03-31957 Agricultural Agricultural Marketing Service PROPOSED RULES Cherries

(tart)grown in— Michigan et al., 75148-75153 03-31946 Organic producers and marketers; exemption from assessments for market promotion activities, 75148 03-31945 Pistachios grown in— California, 75319-75338 03-31789 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Rural Utilities Service RULES Procurement and property management: Excess personal property acquisition and transfer guidelines, 75107-75108 03-32013 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Association between exposure to media violence and youth violence; research program; correction, 75246 03-31835 Cancer and other chronic diseases prevention and control; chief elected officials strategies, 75257-75260 03-31971 Home visitors; training skills improvement practices; correction, 75246 03-31834 Human immunodeficiency virus (HIV)— Capacity building assistance to improve delivery and effectiveness of HIV prevention services for racial/ethnic minority populations; correction, 75256 03-31974 Pacific Islands; HIV prevention projects, 75246-75256 03-31972 United States; prevention projects, 75256 03-31973 Injury Control Research Centers; correction, 75256-75257 03-31838 Youth Violence Prevention Through Community-Level Change Program; correction, 75257 03-31839 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 75260-75262 03-32044 03-32045 Children Children and Families Administration NOTICES Meetings: People with Intellectual Disabilities, President's Committee, 75262 03-32053 Coast Guard Coast Guard RULES Ports and waterways safety: Chesapeake Bay, MD— Cove Point Liquefied Natural Gas Terminal; safety and security zone, 75131-75136 03-31787 03-31788 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 75207-75208 03-31999 03-32002 Commodity Commodity Futures Trading Commission PROPOSED RULES Consumer financial information privacy: Gramm-Leach-Bliley Act— Privacy notices, alternative forms; interagency consideration, 75164-75174 03-31992 Comptroller Comptroller of the Currency PROPOSED RULES Consumer financial information privacy: Gramm-Leach-Bliley Act— Privacy notices, alternative forms; interagency consideration, 75164-75174 03-31992 Defense Defense Department PROPOSED RULES Acquisition regulations: Unique item identification and valuation, 75196-75202 03-31951 NOTICES Agency information collection activities; proposals, submissions, and approvals, 75218-75219 03-31920 03-31921 Meetings: Science Board task forces, 75219-75220 03-31922 03-31923 Privacy Act: Systems of records, 75220-75221 03-31924 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Postsecondary education— United States of America-European Community Cooperation Program in Higher Education and Vocational Education and Training, 75221-75224 03-32063 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 75191-75196 03-32028 NOTICES Agency information collection activities; proposals, submissions, and approvals, 75233-75237 03-32055 03-32060 Meetings: Toxic chemical release reporting; community right-to-know; on-line dialogue, 75237-75240 03-32057 Patent licenses; non-exclusive, exclusive, or partially exclusive: Analytical Engineering, Inc., 75240 03-32058 Reports and guidance documents; availability, etc.: Air pollution control— Particulate matter; air quality criteria, 75240-75241 03-32054 Integrated risk information system— Neurotoxicity of tetrachloroethylene (perchloroehtylene) discussion paper, 75241-75243 03-32056 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Air carrier certification and operations: Repair stations; service difficulty reporting, 75379-75383 03-31884 Air carrier certification and operations: Service difficulty reports; effective date delay, 75116 03-31883 Airworthiness directives: Cessna; correction, 75114-75115 03-31667 Titeflex Corp.; correction, 75115-75116 03-31850 PROPOSED RULES Airworthiness directives: GARMIN International Inc., 75174-75179 03-31978 FCC Federal Communications Commission RULES Common carrier services: Satellite communications— Satellite licensing procedures, 75146 03-31968 NOTICES Common carrier services: Telecommunications carrier eligibility designation petitions— Nextel Partners; Tennessee service area, 75243-75244 03-31969 Verification requirements for carrier change requests; waiver petitions— Northeast Nebraska Telephone Co., et al., 75244-75245 03-31967 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Consumer financial information privacy: Gramm-Leach-Bliley Act— Privacy notices, alternative forms; interagency consideration, 75164-75174 03-31992 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Puerto Rico, 75265-75266 03-31963 03-31964 Virginia, 75266-75267 03-31965 Virgin Islands, 75266 03-31966 West Virginia, 75267-75268 03-31960 03-31962 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 75225-75229 E3-00653 E3-00658 Meetings: Supply Margin Assessment Conference, 75229-75233 E3-00652 *Applications, hearings, determinations, etc.:* Columbia Gas Transmission Corp., 75224 E3-00659 Puget Sound Energy, Inc., 75224-75225 E3-00657 Federal Reserve Federal Reserve System PROPOSED RULES Consumer financial information privacy: Gramm-Leach-Bliley Act— Privacy notices, alternative forms; interagency consideration, 75164-75174 03-31992 FTC Federal Trade Commission PROPOSED RULES Consumer financial information privacy: Gramm-Leach-Bliley Act— Privacy notices, alternative forms; interagency consideration, 75164-75174 03-31992 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Interest rates: Renegotiation Board and prompt payment rates, 75317-75318 03-31947 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 75269 03-32041 Food Food and Drug Administration RULES Biological products: Spore-forming microorganisms; performance requirements, 75116-75119 03-31919 PROPOSED RULES Biological products: Spore-forming microorganisms; performance requirements, 75179-75182 03-31918 NOTICES Reports and guidance documents; availability, etc.: Clozapine tablets; in vivo bioequivalence and in vitro dissolution testing, 75262-75263 03-31917 Forest Forest Service RULES National Forest System land and resource management planning Special areas— Tongass National Forest, AK: roadless area conservation, 75136-75146 03-32077 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards: Duke University of Durham, NC, 75268 03-31912 National Academy of Sciences of Washington, DC, 75268 03-31914 President and Fellows of Harvard College of Boston, MA, 75268-75269 03-31913 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Robinson Rancheria of Pomo Indians, CA, 75269-75273 03-32042 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes: Accuracy-related penalty; imposition defenses establishment, 75126-75128 03-31899 Confidential transactions, 75128-75130 03-31900 Taxable stock transactions; information reporting requirements, 75119-75126 03-31361 PROPOSED RULES Income taxes: Taxable stock transactions; information reporting requirements; cross-reference, 75182-75184 03-31362 International International Trade Administration NOTICES Antidumping: Bulk aspirin from— China, 75208-75210 03-32071 Fresh garlic from— China, 75210-75211 03-32065 High and ultra-high voltage ceramic station post insulators from— Japan, 75211-75212 03-32068 Industrial nitrocellulose from— France, 75212 03-32064 Stainless steel plate in coils from— Belgium, 75212-75213 03-32070 Structural steel beams from— Japan, 75213-75214 03-32067 Cheese quota; foreign government subsidies: Annual list, 75214-75215 03-32066 *Applications, hearings, determinations, etc.:* San Diego State University, 75214 03-32069 International International Trade Commission NOTICES Import investigations: Automotive measuring devices, products containing same, and bezels, 75280 03-32004 Meetings; Sunshine Act, 75280 03-32224 Justice Justice Department See Justice Programs Office PROPOSED RULES Executive Office for Immigration Review: Attorneys and representatives appearances, 75160-75164 03-32019 Justice Justice Programs Office PROPOSED RULES Grants: STOP Violence Against Women Formula Grant Program and Stop Violence Against Indian Women Discretionary Grant Program; match requirement clarification, 75184-75186 03-32017 Labor Labor Department See Mine Safety and Health Administration Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75280-75281 03-31980 Mining products; testing, evaluation, and approval; user fee adjustments, 75281-75282 03-31798 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75282-75285 03-32008 03-32012 Environmental statements; notice of intent: Outrigger Telescopes Project, 75285-75286 03-32048 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75286 03-31925 Presidential records; management and custody: Clinton Administration electronic mail records; superseded version; proposed disposal, 75286-75287 03-31926 National Credit National Credit Union Administration RULES Credit unions: Organizations and operations— Loan participation regulations; definition clarifications, 75110-75111 03-31843 Share insurance and appendix— Share insurance regulations; clarification and simplification, 75111-75114 03-31844 PROPOSED RULES Consumer financial information privacy: Gramm-Leach-Bliley Act— Privacy notices, alternative forms; interagency consideration, 75164-75174 03-31992 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Shortraker/rougheye and northern rockfish, 75147 03-32074 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico reef fish, 75202-75206 03-32034 NOTICES Meetings: New England Fishery Management Council, 75215-75217 E3-00660 03-32073 Permits: Exempted fishing, 75217 03-32072 National Park National Park Service NOTICES Concession contracts and permits: Expiring contracts; extension, 75273-75278 03-31934 03-31944 Environmental statements; availability, etc.: Cuyahoga Valley National Park, OH, 75278 03-31932 Native American human remains, funerary objects; inventory, repatriation, etc.: Field Museum of Natural History, Chicago, IL, 75278-75279 03-31933 Organization, functions, and authority delegations: Field Land Resources Officers, Southeast Region, 75279 03-31931 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent: Dominion Nuclear Connecticut, Inc., 75291-75292 03-31953 *Applications, hearings, determinations, etc.:* Calvert Cliffs Nuclear Power Plant, Inc., 75287-75289 03-31956 University of Missouri, 75289-75290 03-31954 Wolfe, Scott P., 75290-75291 03-31955 Nuclear Nuclear Waste Technical Review Board NOTICES Meetings: Yucca Mountain, NV, 75292-75293 03-32046 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Meetings: Inter partes reexamination equities proceedings; effectiveness and possible improvement; comment requst, 75217-75218 03-31930 Public Public Debt Bureau See Fiscal Service Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 75293 03-32047 RUS Rural Utilities Service PROPOSED RULES Program regulations: Bonds and notes issued for electrification or telephone purposes; guarantees, 75153-75160 03-31928 SEC Securities and Exchange Commission PROPOSED RULES Consumer financial information privacy: Gramm-Leach-Bliley Act— Privacy notices, alternative forms; interagency consideration, 75164-75174 03-31992 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 75294-75296 03-31949 International Securities Exchange, Inc., 75296-75298 03-31950 National Association of Securities Dealers, Inc., 75298-75306 03-31948 03-32039 Pacific Exchange, Inc., 75306-75308 03-32035 03-32036 Sentencing Sentencing Commission, United States See United States Sentencing Commission State State Department NOTICES Arms Export Control Act: Commercial export licenses; congressional notification, 75308-75312 03-32052 Meetings: Shipping Coordinating Committee, 75312 03-32049 03-32050 Presidential permits: Valero Logistics Operations LP; pipeline construction, connection, operation, and maintenance at U.S.-Mexican border, 75312-75316 03-32051 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 75263-75265 03-31975 03-31976 TVA Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 75316 03-31977 Thrift Thrift Supervision Office RULES Technical amendments, 75108-75110 03-31692 PROPOSED RULES Consumer financial information privacy: Gramm-Leach-Bliley Act— Privacy notices, alternative forms; interagency consideration, 75164-75174 03-31992 Trade Trade Representative, Office of United States NOTICES Andean Trade Preference Act: 2003 annual review, 75316-75317 03-31927 Trade Policy Staff Committee: U.S.-Australia Free Trade Agreement— Environmental review, 75317 03-32076 Transportation Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service See Thrift Supervision Office PROPOSED RULES Procedure and administration: Practice before Internal Revenue Service, 75186-75191 03-31898 United United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 75339-75378 03-31755 Separate Parts In This Issue Part II Agriculture Department, Agricultural Marketing Service, 75319-75338 03-31789 Part III Sentencing Commission, United States, United States Sentencing Commission, 75339-75378 03-31755 Part IV Transportation Department, Federal Aviation Administration, 75379-75383 03-31884 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. 68 249 Tuesday, December 30, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE 7 CFR 3200 RIN 0599-AA10 Office of Procurement and Property Management (OPPM); Uniform Procedures for the Acquisition and Transfer of Excess Personal Property AGENCY: Office of Procurement and Property Management. ACTION: Direct final rule. SUMMARY: The Office of Procurement and Property Management of the Department of Agriculture

(USDA)proposes to amend its procedures for the acquisition and transfer of excess personal property to 1994 Institutions (as defined in section 532 of the Equity in Education Land Grant Status Act of 1994 (Pub. L. 103-382; 7 U.S.C. 301 note)); any Hispanic-Serving Institution (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)); and any college/university eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 *et seq.* ), including Tuskegee University, in support of research, educational, technical, and scientific activities or for related programs. This amendment would clarify administrative rules regarding equipment transfer and reduce the administrative burden placed on the Institutions. DATES: This rule is effective March 1, 2004 without further action, unless we receive written adverse comments or written notice of intent to submit adverse comments on or before January 29, 2004. If we receive adverse comments, the Office of Procurement and Property Management will publish a timely withdrawal of the rule in the **Federal Register** . ADDRESSES: Comments should be sent to USDA, OPPM, PMD, 1400 Independence Ave., SW., Mail Stop 9304, Washington, DC 20250. FOR FURTHER INFORMATION CONTACT: Kathy Fay on 202-720-9779. SUPPLEMENTARY INFORMATION: I. Background II. Procedural Requirements A. Executive Order Number 12866. B. Regulatory Flexibility Act. C. Paperwork Reduction Act. III. Electronic Access Addresses I. Background This direct final rule amends the final rule which was published in the **Federal Register** at 63 FR 57233-57236, Oct. 27, 1998. II. Procedural Requirements A. Executive Order Number 12866 This proposed rule was reviewed under EO 12866, and it has been determined that it is not a significant regulatory action because it will not have an annual effect on the economy of $100 million or more or adversely and materially affect a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. This proposed rule will not create any serious inconsistencies or otherwise interfere with any actions taken or planned by another agency. It will not materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof. B. Regulatory Flexibility Act USDA certifies that this proposed rule will not have a significant impact on a substantial number of small entities as defined in the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.* , for the reason that this regulation imposes no new requirements on small entities. C. Paperwork Reduction The forms necessary to implement these procedures have been cleared by the Office of Management and Budget

(OMB)in accordance with the Paperwork Reduction Act, 44 U.S.C. 2500, *et seq.* III. Electronic Access Addresses You may send electronic mail (E-mail) to *kathy.fay@usda.gov* or contact us via fax at

(202)720-3339. CHAPTER 32—OFFICE OF PROCUREMENT AND PROPERTY MANAGEMENT PART 3200—DEPARTMENT OF AGRICULTURE GUIDELINES FOR THE ACQUISITION AND TRANSFER OF EXCESS PERSONAL PROPERTY 1. The authority citation for part 3200 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 2206a. 2. Amend § 3200.4 by revising paragraphs (a),

(d)and (e)(2) to read as follows: § 3200.4 Procedures.

(a)To receive information concerning the availability of Federal excess personal property, an eligible institution's property management officer may contact their regional GSA, Area Utilization Officer. For information on USDA excess personal property, visit the USDA Web site at *http://www.nfc.usda.gov/propexcs* . USDA excess property will first be screened by USDA agencies through the Departmental Excess Personal Property Coordinator (DEPPC) using the Departmental Property Management Information System.

(d)Eligible institutions may submit property requests by mail or fax on a Standard Form 122, “Transfer Order Excess Personal Property”. (e)(1) * * *

(2)This statement needs to be added following the property description: “The property requested hereon is certified to be used in support of research, educational, technical, and scientific activities or for related programs. This transfer is requested pursuant to the provisions of Section 923 Pub. L. 104-127 (7 U.S.C. 2206a). Also, in accordance with these provisions USDA authorizes transfer of title of this property to the college/university/institution.” 3. Amend § 3200.6 by revising paragraph (a), redesignating paragraphs

(b)and

(c)as

(c)and (d), and adding a new paragraph

(b)to read as follows: § 3200.6 Restrictions.

(a)Property in the following Federal Supply Groups are prohibited from transfer. Ineligible Federal Supply Code Groups FSC Group Name 10 Weapons. 11 Nuclear ordinance. 13 Ammunition and explosives. 14 Guided missiles. 18 Space vehicles.

(b)The property in the FSC's listed below are discouraged from transfer and not approved on a routine basis. However, Institutions may request items in these FSC groups, but all requests will be referred to the Director, Office of Procurement and Property Management for consideration and approval: FSC Group Name 15 Aircraft and airframe structural components. 16 Aircraft components and accessories. 17 Aircraft launching, landing and ground handling equipment. 20 Ship and marine equipment. 4. Revise § 3200.10 to read as follows: § 3200.10 Disposal. Once the requirements in § 3200.9 are met for retention and use of property by the Institution and title is transferred, Federal excess personal property

(FEPP)no longer needed by an Institution will be disposed of in accordance with the Institution's disposal practices. Regardless of ownership, FEPP must never be disposed of in any manner which is detrimental or dangerous to public health or safety. Also, any costs incurred during the disposal process are the responsibility of the Institution. Done at Washington, DC, this 22nd day of December, 2003. W. R. Ashworth, Director, Office of Procurement and Property Management. [FR Doc. 03-32013 Filed 12-29-03; 8:45 am]

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