Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-01-02.xml --- 69 1 Friday, January 2, 2004 Contents Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 48 03-32326 Centers Centers for Disease Control and Prevention NOTICES Organization, functions, and authority delegations: Agency for Toxic Substances and Disease Registry, 86-87 03-31905 Epidemiology Program Office, 87-90 03-31907 National Center for Environmental Health, 90-92 03-31906 Office of Analysis, Epidemiology, and Health Promotion et al., 93-95 03-31908 Coast Guard Coast Guard RULES Great Lakes pilotage regulations:

Partial rate adjustment; correction, 128 C3-30711 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency RULES Corporate activities: Electronic filings by national banks, 1-2 03-32256 Defense Defense Department RULES Acquisition regulations: Unique item identification and valuation; correction, 128 C3-31951 Employment Employment and Training Administration NOTICES Adjustment assistance:

Adhesive Technologies, Inc., et al., 109-112 03-32274 Alaska Commercial Fisheries Entry Commission permits, 112 03-32282 03-32283 Costal Lumber Co., 112-113 03-32286 De Machine Shop, 113 03-32277 Elastic Corporation of America, Inc., 113 03-32276 Komag, Inc., 113 03-32284 MedSource Technologies, 113-114 03-32285 Nortel Networks, 114 03-32281 Pass & Seymour/Legard, 114 03-32275 Pillowtex Corp., 114-115 03-32288 03-32289 R.R. Donnelley & Sons Co., 115-116 03-32279 Saurer Inc., 116 03-32280 Smith Meter, Inc., 116-117 03-32287 Weyerhauser Co., 117 03-32278 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 117-118 03-32190 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

National Energy Technology Laboratory— Focused Research in Federal Lands Access and Produced Water Management in Oil and Gas Exploration Production, 52-53 03-32266 State Energy Program; special projects, 53-54 03-32267 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Surface coating of miscellaneous metal parts and products, 129-192 03-21917 Air quality implementation plans; approval and promulgation; various States: California, 34-40 03-32212 NOTICES Environmental statements; availability, etc.:

Agency statements— Comment availability, 68-69 03-32312 Weekly receipts, 69 03-32313 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 69-77 03-32272 FAA Federal Aviation Administration RULES Airworthiness directives: General Electric Co., 2-4 03-31665 FCC Federal Communications Commission RULES Common carrier services: Incumbent local exchange carriers - - Accounting and ARMIS reporting requirements; review by Federal-State Joint Conference on Accounting Issues; effective date delay [ **Editorial Note:** This document, published at 68 FR 75455 in the **Federal Register** of December 31, 2003, was inadvertently listed as a Proposed Rule and with the wrong page number.] PROPOSED RULES Common carrier services:

Federal-State Joint Conference on Accounting Issues; recommendations [ **Editorial Note:** This document, published at 68 FR 75478 in the **Federal Register** of December 31, 2003, was inadvertently listed under **Federal Election Commission** and with the wrong page number.] Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale: Various States, 40-41 03-32311 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Portland General Electric Co., et al., 59-62 E3-00665 San Diego Gas & Electric Co., et al., 62-63 E3-00666 Sweetwater Wind Power L.L.C., et al., 63 E3-00664 Environmental statements; availability, etc.: Electric Plant Board, Augusta, KY, 63-64 E3-00670 Environmental statements; notice of intent: Transwestern Pipeline Co., 64-65 E3-00675 Hydroelectric applications, 66-68 E3-00672 E3-00673 E3-00674 *Applications, hearings, determinations, etc.:* California Independent System Operator Corp., 54 E3-00669 CenterPoint Energy Gas Transmission Co., 55 E3-00667 Chanderleur Pipe Line Co., 55-56 E3-00668 Colorado Interstate Gas Co., 56 E3-00682 Eastern Shore Natural Gas Co., 56 E3-00678 Egan Hub Partners, L.P. & LLC, 56-57 E3-00683 El Paso Natural Gas Co., 57 E3-00679 Great Lakes Gas Transmission Ltd.

Partnership, 57 E3-00684 Nautilus Pipeline Co., L.L.C., 57-58 E3-00680 PacifiCorp, 58 E3-00671 Pinnacle Pipeline Co., 58 E3-00677 Transcontinental Gas Pipe Line Corp., 58-59 E3-00676 E3-00685 Wyoming Interstate Co., Ltd., 59 E3-00681 Federal Housing Federal Housing Finance Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 77 03-32308 Federal home loan bank system: Community financial institutions average total assets and directors annual compensation; limits; annual adjustments, 77-79 03-32309 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 79 03-32271 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 79-84 03-32269 Prohibited trade practices: Tenet Healthcare Corp. et al., 84-86 03-32268 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Alabama, 48 03-32295 Arizona American Italian Pasta Co.; dry pasta products warehousing/distribution facility, 49 03-32293 Illinois, 49 03-32296 Ohio, 49 03-32294 Forest Forest Service RULES National Forest System timber sale and disposal:

Timber sale contracts extension to facilitate urgent timber removal from other lands, 29-33 03-32243 NOTICES Meetings: Resource Advisory Committees— Madera County, 48 03-32245 Health Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health 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 RULES Mortgage and loan insurance programs:

Single family mortgage insurance— FHA Technology Open To Approved Lenders (TOTAL) mortgage scorecard use; requirements and procedures; correction, 4-5 03-32021 NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 99 03-32136 Interior Interior Department See Land Management Bureau IRS Internal Revenue Service RULES Income taxes: Computing depreciation; changes, 5-12 03-31820 Credit for increasing research activities, 22-29 03-31818 Income for trust purposes; definition, 12-22 03-31614 PROPOSED RULES Income taxes:

Computing depreciation changes; cross-reference, 42-43 03-31821 Credit for increasing research activities, 43-47 03-31819 Income taxes, etc: Section 482; treatment of controlled services transactions and allocation of income and deductions from intangibles Correction, 47 03-31824 NOTICES Meetings: Taxpayer Advocacy Panels, 127 03-32310 International International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 50 03-32325 Five-year (sunset) reviews— Initiation of reviews, 50-51 03-32297 International International Trade Commission NOTICES Import investigations:

Ductile iron waterworks fittings from— China, 100-101 03-32259 Pressure sensitive plastic tape from— Italy, 101-103 03-32298 Prestressed concrete steel wire strand from— Japan, 103-105 03-32299 Meetings; Sunshine Act, 105-106 03-32316 03-32317 Justice Justice Department NOTICES Pollution control; consent judgments: Corpus Christi, TX, 106 03-32291 Hastings, NE, et al., 106 03-32290 Privacy Act: Systems of records, 107-109 03-32292 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Alaska, 100 03-32246 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 118-120 03-32254 NIH National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 95 03-32302 National Institute of Allergy and Infectious Diseases, 95-96 03-32304 National Institute of Diabetes and Digestive and Kidney Diseases, 96 03-32305 National Institute on Deafness and Other Communication Disorders, 96-97 03-32306 National Library of Medicine, 97 03-32307 Scientific Review Center, 97 03-32301 Warren Grant Magnuson Clinical Center— Board of Governors, 97-98 03-32303 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings:

North Pacific Fishery Management Council, 51-52 E3-00686 NRCS Natural Resources Conservation Service PROPOSED RULES Loan and purchase programs: Conservation Security Program, 193-224 03-31916 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Florida Power & Light Co., 120-121 03-32252 Safety Light Corp., 121-122 03-32253 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 122 03-32315 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 122-123 03-32257 03-32258 Presidential Presidential Documents PROCLAMATIONS African Growth and Opportunity Act; beneficary country desinations (Proc. 7748), 225-229 03-32327 EXECECUTIVE ORDERS Government agencies and employees:

Pay rates (EO 13322), 231-240 03-32328 Arrivals in and departures from the United States; assignment of functions (EO 13323), 241 03-32332 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 98-99 03-32154 Surface Surface Transportation Board NOTICES Railroad services abandonment: Seminole Gulf Railway, L.P., 123 03-32270 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 123-126 03-32260 03-32261 03-32262 03-32263 03-32264 Separate Parts In This Issue Part II Environmental Protection Agency, 129-192 03-21917 Part III Agriculture Department, Natural Resources Conservation Service, 193-224 03-31916 Part IV Executive Office of the President, Presidential Documents 225-229, 231-240, 241 03-32327 03-32328 03-32332 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. 69 1 Friday, January 2, 2004 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 5 [Docket No. 04-01] RIN 1557-AC13 Electronic Filings AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Final rule. SUMMARY: The Office of the Comptroller of the Currency

(OCC)is adopting, in final form, without change, an interim rule that allows national banks to make any class of licensing filings electronically and clarifies the circumstances under which the OCC may adopt filing procedures different from those otherwise required by part 5. The rule also makes several technical changes related to the Comptroller's Licensing Manual (Manual). EFFECTIVE DATE: This final rule is effective February 2, 2004. FOR FURTHER INFORMATION CONTACT: Jean Campbell, Attorney, Legislative and Regulatory Activities Division,

(202)874-5090; or Darrell Sheets, Licensing Data Manager, Licensing, Policy and Systems Division,

(202)874-5060, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: I. Background The OCC's ongoing objectives include minimizing regulatory burden for the national banks we supervise, consistent with safety and soundness, and achieving greater efficiency in the agency's regulatory processes. National banks' preparation of required licensing applications and filings and the OCC's processing of those submissions are activities where substantial efficiencies, including cost savings, can be achieved through increased use of electronic technology. Moreover, the Government Paperwork Elimination Act

(GPEA)1 requires that Federal agencies consider providing the public with the option of automated transactional processes that use and accept electronic filings and signatures, when practicable. The requirements of GPEA apply to all interactions with the Federal government that involve the electronic submission, maintenance, or disclosure of information. 2 This includes transactions—such as the electronic filings that are the subject of this final rule—that involve Federal information collections covered by the Paperwork Reduction Act (PRA). 3 1 44 U.S.C. 3504 note. 2 *See* OMB Memorandum M-00-10, “OMB Procedures and Guidance; Implementation of the Government Paperwork Elimination Act,” 65 FR 25508, May 2, 2000 (OMB Guidance). 3 44 U.S.C. 3501 *et seq* . To further the objectives we have described and to facilitate compliance with GPEA, the OCC designed a new electronic filing system called e-Corp. E-Corp uses a Web-based electronic application to enable national banks to submit electronically certain types of corporate filings to the OCC for approval. Authorized users at each national bank access electronic forms through the OCC's National BankNet Web site (BankNet) 4 and submit electronically certain licensing filings to the OCC using electronic signatures. This final rule facilitates expansion of our electronic filing program. 4 BankNet is a secure, extranet Web site that allows the OCC to deliver data-based services via the Internet to the national banks we supervise. II. The Interim and Final Rules On April 14, 2003, the OCC published and requested comment on an interim rule amending 12 CFR part 5, which was published at 68 FR 17890. The comment period ended June 13, 2003, and no comments were received. Thus, the OCC is adopting the interim rule as a final rule with no modifications. Accordingly, the final rule adopts revisions to § 5.2 to expressly provide that the OCC may permit national banks to make any class of licensing filings electronically. Four applications were available to be filed electronically at the time we published the interim rule: establishment of a branch, relocation of a branch, relocation of a main office within a 30-mile radius (within current city, town or village limits), and relocation of a main office within a 30-mile radius (outside current city, town or village limits). These four applications continue to be available for electronic filing. Five notices were added earlier this year, including notification of change of corporate title; notification of change of main office address; official 90-day advance branch closing and downgrade notice; final branch closing, consolidation, relocation, or downgrade notice; and notification of main office relocation to an existing branch. Additional electronic filings currently are under development. In recognition of the fact that national banks rely on technology to varying extents, electronic filing remains voluntary, as it was under the interim rule. Any bank that wishes to continue filing paper-based applications may do so. The final rule also refers national banks to the Manual to find information about the filings that are available for electronic submission. The Manual, which is available on the OCC's Internet Web site, 5 is updated on a continuous basis. 5 *See* *www.occ.treas.gov/corpapps/corpapplic.htm.* This is the Web address for the OCC's Home page, which contains information available to the general public. Printed copies of the Manual are available for a fee from the OCC's Communications Division. The final rule also adopts amendments to § 5.2(b) of our rules to provide that, after giving appropriate notice to the applicant and, at the OCC's discretion, to others, the OCC may adopt materially different procedures for a particular filing, or a class of filings, in exceptional circumstances or unusual transactions. Finally, the final rule adopts several technical changes regarding the Manual. In 2002, the OCC replaced the Comptroller's Corporate Manual with the Comptroller's Licensing Manual and made the Manual available on our Internet Web site. The final rule adopts changes regarding the new name of the Manual, provides the OCC's Internet address, and substitutes a new address to use to request a printed version of the Manual. III. Regulatory Analysis Regulatory Flexibility Act The Regulatory Flexibility Act applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). 6 Because the OCC was not required to publish, and did not publish, a general notice of proposed rulemaking, 7 the Regulatory Flexibility Act does not apply to this final rule. 6 *See* 5 U.S.C. 601(2). 7 *See* 5 U.S.C. 553(b)(A)(Administrative Procedure Act

(APA)provision excepting from the notice and comment requirement “rules of agency organization, procedure, or practice”); 68 FR 17891-92 (discussion of applicability of section 553(b)(A) to the interim rule). Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, Pub. L. 104-04 (Unfunded Mandates Act) requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. The OCC has determined that the final rule will not result in expenditures by State, local, or tribal governments or by the private sector of $100 million or more. Accordingly, the OCC has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. Executive Order 12866 The OCC has determined that this final rule does not constitute a “significant regulatory action” for the purposes of Executive Order 12866. Paperwork Reduction Act The OCC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget

(OMB)control number. This final rule adopts changes from the interim rule which, in § 5.2(d), permits the electronic filing of applications that contain collection of information requirements. These requirements are found in sections of 12 CFR part 5, Rules, Policies, and Procedures for Corporate Activities, such as §§ 5.30 (Establishment, acquisition, and relocation of a branch) and 5.40 (Change in location of main office). As part of the Manual, these collections of information have been reviewed and approved by the OMB in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) under OMB Control Number 1557-0014. Effective Date Subject to certain exceptions, 12 U.S.C. 4802(b)(1) provides that new regulations and amendments to regulations prescribed by a Federal banking agency that impose additional reporting, disclosure, or other new requirements on an insured depository institution must take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form. As we described in the preamble to the interim rule, the interim rule imposed no additional reporting, disclosure, or other new requirements on insured depository institutions. For that reason, we concluded that 12 U.S.C. 4802(b)(1) did not apply to the interim rule. That reasoning also applies to the final rule, which is identical to the interim rule. Accordingly, we conclude that the delayed effective date requirement of 12 U.S.C. 4802(b)(1) does not apply to the final rule. List of Subjects in Part 5 Administrative practice and procedure, National banks, Reporting and recordkeeping requirements, Securities. PART 5—RULES, POLICIES, AND PROCEDURES FOR CORPORATE ACTIVITIES Accordingly, the interim rule amending 12 CFR part 5 which was published at 68 FR 17890 on April 14, 2003, is adopted as a final rule without change. Dated: December 23, 2003. John D. Hawke, Jr., Comptroller of the Currency. [FR Doc. 03-32256 Filed 12-31-03; 8:45 am]

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