Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-01-13.xml --- 69 8 Tuesday, January 13, 2004 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Milk marketing orders: Western, 1957-1958 04-689 Agriculture Agriculture Department See Agricultural Marketing Service See Foreign Agricultural Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Utilities Service Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings;

Sunshine Act, 1964 04-792 Citizenship Citizenship and Immigration Services Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 1989-1992 04-283 04-287 04-288 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 1918-1919 04-589 PROPOSED RULES Drawbridge operations: Virginia, 1958-1960 04-637 NOTICES Committees; establishment, renewal, termination, etc.: Houston/Galveston Navigation Safety Advisory Committee, 1992-1993 04-587 Towing Safety Advisory Committee, 1993-1994 04-636 Great Lakes shipping; discharge of dry cargo residues, 1994 04-590 Meetings:

Chemical Transportation Advisory Committee and Towing Safety Advisory Committee, 1994-1995 04-635 Houston/Galveston Navigation Safety Advisory Committee, 1995-1996 04-588 Memorandums of understanding: Migratory birds protection; Coast Guard and Fish and Wildlife Service, 1996 04-591 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Comptroller Comptroller of the Currency RULES Bank activities and operations and real estate lending and appraisals:

National banks; State law applicability, 1904-1917 04-586 National banks: Authority provided by American Homeownership and Economic Opportunity Act, and other miscellaneous amendments, 1895-1904 04-585 Defense Defense Department RULES Acquisition regulations: Technical amendments, 1926 04-567 U.S.-Chile and U.S.-Singapore Free Trade Agreements; implementation, 1926-1930 04-568 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 1974-1975 04-717 04-718 Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Improving Literacy Through School Libraries Program, 1975-1976 04-706 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions: United States Steel Corp. and Carnegie Pension Fund, 2006 04-716 Employment Employment and Training Administration NOTICES Adjustment assistance: Aneco Trousers Corp., 2006 04-650 Bunnies By The Bay, 2006 04-654 Cone Mills Corp., 2006-2007 04-645 04-648 Extreme Tool & Engineering, 2007 04-643 Finegood Moldings, Inc., et al., 2007 04-649 Flint River Textiles, Inc., 2007 04-657 Mellon Bank, N.A., 2007-2008 04-652 NTN-BCA Corp., 2008 04-641 Pennsylvania House, Inc. et al., 2008 04-653 Phillips Electronics, 2008-2009 04-646 RMG Foundry, LLC, 2009 04-644 Teleperformance USA, 2009 04-647 United Container Machinery, Inc., 2009-2010 04-651 Vector Tobacco, Inc., et al., 2010 04-642 WestPoint Stevens, Inc., 2010 04-656 Wormuth Brothers, 2010 04-655 Alien temporary employment labor certification process:

Agricultural nonimmigrant workers (H-2A); online application system; formal briefings; January 22 briefing cancelled, 2010 04-662 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 2010-2011 04-640 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Kansas, 1919-1921 04-560 Missouri, 1921-1923 04-559 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 1923-1924 04-558 Toxic substances:

Significant new uses— 3-Hydroxy-1, 1-dimethylbutyl derivative, etc.; revoked, 1924-1926 04-709 NOTICES Agency information collection activities; proposals, submissions, and approvals, 1977-1978 04-707 Superfund; response and remedial actions, proposed settlements, etc.: Service Waste Inc. Site, TX, 1979 04-708 Equal Equal Employment Opportunity Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 1979 04-691 FAA Federal Aviation Administration NOTICES Grants and cooperative agreements; availability, etc.:

Military Airport Program, 2036-2039 04-593 Passenger facility charges; applications, etc.: Westchester County Airport, NY, 2039-2040 04-594 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 1979-1983 04-660 04-664 04-665 Common carrier services: Wireless companies— Voice-embedded IP communications; Level 3's petition for forbearance from access charges, 1983-1984 04-666 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Ada County, ID, 2040 04-632 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Controlled substances and alcohol testing regulations; exemption applications— Aero Mayflower Transit and United Van Lines LLC, 2040-2041 04-595 Federal Railroad Federal Railroad Administration RULES Railroad safety: Locomotive horns use at highway-rail grade crossings; requirement for sounding; correction, 1930 04-705 NOTICES Exemption petitions, etc.

National Railroad Passenger Corp., 2041-2042 04-704 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Mussels in Mobile River Basin, AL, 1960-1961 04-514 NOTICES Environmental statements; availability, etc.: Incidental take permits— El Paso County, CO; Preble's meadow jumping mouse, 1998 04-630 Larimer County, CO; Preble's meadow jumping mouse, 1998-1999 04-631 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 1984-1987 04-599 04-671 04-672 Meetings:

Medical Devices Advisory Committee, 04-600 1987-1988 04-601 Reports and guidance documents; availability, etc.: Saline, silicone gel, and alternative breast implants, 1988-1989 04-658 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.: US Rice Producers Association, 1962 04-793 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California, 1964 04-703 Louisiana, 1964 04-701 North Carolina, 1964-1965 04-702 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Ouachita-Ozark, 1962 04-634 Trinity County, 1962 04-629 Government Government Ethics Office PROPOSED RULES Certificates of divestiture, 1954-1957 04-685 GIPSA Grain Inspection, Packers and Stockyards Administration RULES Fees: Processed commodity analytical services, 1893-1895 04-569 NOTICES Stockyards; posting and deposting: Western Slope Livestock Auction, CO, et al., 1962-1963 04-570 Health Health and Human Services Department See Food and Drug Administration Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 1996-1998 04-606 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Stock dispositions; suspension of losses; correction, 1918 04-710 NOTICES Agency information collection activities; proposals, submissions, and approvals, 2043-2045 04-711 04-712 04-713 Meetings: Taxpayer Advocacy Panels, 2045-2046 04-714 04-715 International International Trade Administration NOTICES Antidumping: Cased pencils from— China, 1965-1970 04-699 Creatine monohydrate from— China, 1970-1971 04-698 Polyester staple fiber from— Korea, 1971-1972 04-700 Countervailing duties:

Cut-to-length carbon steel plate from— Mexico, 1972-1973 04-697 International International Trade Commission NOTICES Import investigations: Carbazole violet pigment 23 from— China and India, 2002 04-673 Innersprings from— China, 2002-2003 04-694 Insect traps, 2003-2004 04-675 Signature capture transaction devices and component parts, and systems that employ such devices, 2004-2005 04-674 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 2005 04-633 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 2005-2006 04-639 Land Land Management Bureau NOTICES Opening of public lands:

New Mexico, 1999 04-620 Realty actions; sales, leases, etc.: Nevada, 1999-2000 04-622 New Mexico, 2000 04-693 Wyoming, 2001 04-621 National Labor National Labor Relations Board NOTICES Senior Executive Service: Performance Review Boards; membership, 2011 04-667 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands groundfish and Pacific halibut; seabird incidental take in hook-and-line fisheries, 1930-1951 04-378 North Pacific Groundfish Observer Program, 1951-1953 04-696 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings:

Public safety spectrum management forum, 1973-1974 04-603 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Pacific Gas and Electric Co., 2012-2013 04-680 Meetings; Sunshine Act, 2013 04-766 Regulatory guides; issuance, availability, and withdrawal, 2014 04-678 *Applications, hearings, determinations, etc.:* Davis-Besse Nuclear Power Station, 2011-2012 04-679 Tennessee Valley Authority, 2012 04-681 Personnel Personnel Management Office RULES Senior Executive Service:

Pay and performance awards; new pay-for-performance system, 2047-2052 04-733 Research Research and Special Programs Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 2042-2043 04-638 RUS Rural Utilities Service NOTICES Environmental statements; notice of intent: Dairyland Power Cooperative, Inc., meeting, 1963-1964 04-604 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 2014-2015 04-607 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 2015-2026 04-609 04-615 04-619 Boston Stock Exchange Clearing Corp., 2027-2028 04-618 Boston Stock Exchange, Inc., 2026-2027 04-611 Chicago Board Options Exchange, Inc., 2028-2030 04-616 International Securities Exchange, Inc., 2030-2032 04-617 National Association of Securities Dealers, Inc., 2032-2035 04-610 04-612 *Applications, hearings, determinations, etc.:* One Liberty Properties, Inc., 2015 04-608 SBA Small Business Administration NOTICES Disaster loan areas:

Puerto Rico, 2035 04-596 Social Social Security Administration NOTICES Organization, functions, and authority delegations: Central Operations Office, 2035-2036 04-684 State State Department NOTICES Foreign terrorists and terrorist organizations: Kurdistan Freedom and Democracy Congress et al., 2036 04-576 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 2001-2002 04-692 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Burlington Northern & Santa Fe Railway Co., 2043 04-686 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Meetings: Debt Management Advisory Committee, 2043 04-605 Separate Parts In This Issue Part II Personnel Management Office, 2047-2052 04-733 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 8 Tuesday, January 13, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Part 868 RIN 0580-AA84 Fees for Processed Commodity Analytical Services AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Final rule. SUMMARY: The Federal Grain Inspection Service (FGIS), a program of the Grain Inspection, Packers and Stockyards Administration (GIPSA), is increasing the fees for processed commodity analytical services performed under the Agricultural Marketing Act

(AMA)of 1946 and removing certain tests from the fee schedule. These changes are needed to cover rising fixed costs and increased operational costs resulting from the mandated January 2003 Federal pay increase. GIPSA anticipates that this increase in user fees will generate approximately $135,000 in additional yearly revenue. EFFECTIVE DATE: February 12, 2004. FOR FURTHER INFORMATION CONTACT: Steven Tanner, Director, Technical Services Division, at his e-mail address: *Steven.N.Tanner@usda.gov* or telephone him at

(816)891-0401. SUPPLEMENTARY INFORMATION: Executive Order 12866, Regulatory Flexibility Act, and the Paperwork Reduction Act This rule has been determined to be nonsignificant for the purpose of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Also, pursuant to the requirements set forth in the Regulatory Flexibility Act, Donna Reifschneider, Administrator, GIPSA, has determined that this final rule will not have a significant economic impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). GIPSA regularly reviews its user-fee-financed programs to determine if the fees are adequate. Additionally, GIPSA has and will continue to seek out cost saving opportunities and implement appropriate changes to reduce costs. Such actions can provide alternatives to new or increased fees. However, even with these efforts, GIPSA has determined that its existing fee schedule will not generate sufficient revenues to cover program costs for providing processed commodity testing services. Further revenue losses are projected if adjustments to the existing fee schedule are not made. In Fiscal Year

(FY)2002, GIPSA's operating costs for the processed commodity testing program were $233,707 with revenue of $104,380 that resulted in a negative margin of $129,327. GIPSA has reviewed the financial position of the processed commodity testing program and concluded that $135,000 in additional yearly revenue is needed to fully recover operating costs. This is based on projected program costs of approximately of $240,000 a year and an estimated testing workload of approximately 1,700 samples per year. These revisions are designed to generate revenue sufficient to cover, as nearly as practicable, operational costs resulting from a steep decline in requests for services and the associated loss of revenue and increased operational costs resulting from the mandated 4.1 percent January 2003 Federal pay increase. In FY 1999, the number of samples tested was 16,377, which generated $1,475,579 in revenue; in FY 2000, 12,872 samples were tested, with revenue of $1,212,215; in FY 2001, 3,620 samples were tested, with revenue of $219,033; and in FY 2002, 1755 samples were tested, with revenue of $104,380. The changes to the fee schedule will increase the fees charged to businesses for voluntary processed commodity analytical services and generate approximately $135,000 in additional revenue. Some of these businesses, which consist of processors and shippers of products, such as wheat flour, vegetable oil, and corn meal, may meet the criteria for small entities established by the Small Business Administration criteria for small businesses. Even so, the new fees are not excessive and should not significantly affect those entities. It is estimated that there will be nine entities affected. Further, those entities are under no obligation to use GIPSA services and, therefore, any decision on their part to discontinue the use of this service should not prevent them from marketing their products. Due to the decline in demand of the processed commodity analytical testing services, GIPSA will conduct another analysis of the demand for this program's services, including all costs and revenues generated specific to the program, one year after operating under the new fee schedule. There will be no additional reporting or record keeping requirements imposed by this action. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 35), the information collection and record keeping requirements in part 800 have been previously approved by OMB under control number 0580-0013. GIPSA has not identified any other Federal rules which may duplicate, overlap, or conflict with this rule. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have a retroactive effect. This action 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 that must be exhausted prior to any judicial challenge to the provisions of this rule. Background On July 18, 2003, GIPSA proposed in the **Federal Register** (68 FR 42644) to increase fees for processed commodity analytical services performed under the AMA and remove certain tests from the fee schedule. Under the provisions of the AMA (7 U.S.C. 1621, *et seq.* ), GIPSA provides official processed commodity testing services upon request and collects reasonable fees from the customers for performing these services. Section 203(h) of the AMA (7 U.S.C. 1622(h)) provides for the establishment and collection of fees that are reasonable and, as nearly as practicable, cover the costs of the services rendered. These fees cover the GIPSA administrative and supervisory costs for the performance of official testing services, including personnel compensation and benefits, travel, rent, communication, utilities, contractual services, supplies, and equipment. The processed commodity testing services fees were last amended on April 4, 2001, and became effective May 4, 2001 (66 FR 17775). These fees were to cover, as nearly as practicable, the level of operating costs as projected for FY 2001 and FY 2002, respectively. GIPSA continually monitors its cost, revenue, and operating reserve levels to ensure that there are sufficient resources for operations. Further, GIPSA has implemented cost-saving measures in the processed commodity program in an effort to provide more cost-effective services. The cost containment measures included a reduction in full-time commodity testing laboratory personnel and increased cross utilization of personnel from other GIPSA programs. GIPSA regularly reviews its user-fee-financed programs to determine if the fees are adequate and continues to seek out cost saving opportunities and implement appropriate changes to reduce costs. Such actions can provide alternatives to fee increases. However, even with these efforts, GIPSA's previous fee schedule did not generate sufficient revenues to cover program costs. Using the most recent data available, GIPSA's FY 2002 operating costs for this program were $233,707 with revenue of $104,380 that resulted in a negative margin of $129,327. GIPSA has reviewed the financial position of its processed commodity testing program. Based on this review, GIPSA has concluded that it needs to generate $135,000 in additional yearly revenue to recover program costs. Comment Review GIPSA did not receive any comments in response to the proposed rulemaking published on July 18, 2003, at 68 FR 42644. Final Action Section 203(h) of the AMA (7 U.S.C. 1622(h)) provides for the establishment and collection of fees that are reasonable and, as nearly as practicable, cover the costs of the services rendered. These fees cover the GIPSA administrative and supervisory costs for the performance of official testing services, including personnel compensation and benefits, travel, rent, communication, utilities, contractual services, supplies, and equipment. Accordingly, GIPSA is revising the fees for processed commodity analytical services performed under the AMA in 7 CFR 868.90, paragraph (d), Table 2—Fees for Laboratory Test Services. List of Subjects in 7 CFR Part 868 Administrative practice and procedure, Agricultural commodities. For reasons set out in the preamble, 7 CFR Part 868 is amended as follows: PART 868—GENERAL REGULATIONS AND STANDARDS FOR CERTAIN AGRICULTURAL COMMODITIES 1. The authority citation for part 868 continues to read as follows: Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C. 1621, *et. seq.* ) 2. Section 868.90, paragraph

(d)is revised to read as follows: 868.90 Fees for certain Federal inspection services.

(d)Laboratory tests referenced in table 2 of this section will be charged at the applicable laboratory fee. Table 2.—Fees for Laboratory Test Services 1 Laboratory tests Fees

(1)Aflatoxin (Quantitative—HPLC) $182.00

(2)Aflatoxin (Quantitative—Test Kit) 87.00

(3)Aflatoxin (Qualitative—Test Kit) 47.00

(4)Appearance and odor 7.00

(5)Ash 17.00

(6)Brix 16.00

(7)Calcium 27.00

(8)Carotenoid Color 27.00

(9)Cold test

(oil)20.00

(10)Color test (syrups) 13.00

(11)Cooking tests (pasta) 13.00

(12)Crude fat 20.00

(13)Crude fiber 27.00

(14)Falling number 24.00

(15)Free fatty acid 24.00

(16)Insoluble impurities (oils and shortenings) 9.00

(17)Iron enrichment 30.00

(18)Lovibond color 20.00

(19)Moisture 13.00

(20)Moisture and volatile matter 17.00

(21)Oxidative stability index

(OSI)54.00

(22)Peroxide Value 27.00

(23)Popping ratio 38.00

(24)Protein 16.00

(25)Sanitation (light filth) 47.00

(26)Sieve test 11.00

(27)Smoke Point 43.00

(28)Solid fat index 168.00

(29)Visual exam 22.00

(30)Vomitoxin (Qualitative—Test Kit) 61.00

(31)Vomitoxin (Quantitative—Test Kit) 81.00

(32)Other laboratory analytical services (per hour per service representative) 67.00 1 When laboratory tests/services are provided for GIPSA by a private laboratory, the applicant will be assessed a fee, which, as nearly as practicable, covers the costs to GIPSA for the service provided. Donna Reifschneider, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 04-569 Filed 1-12-04; 8:45 am]

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