Unknown. Final rule and transmittal of regulations to Congress

3,159 words·~14 min read·/register/2004/02/11/04-2845

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-02-11.xml --- 69 28 Wednesday, February 11, 2004 Contents Agriculture Agriculture Department See Forest Service Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 6640-6641 04-2980 Centers Centers for Disease Control and Prevention NOTICES Meetings: Smoking and Health Interagency Committee, 6668 04-2971 Coast Guard Coast Guard RULES Drawbridge operations:

Florida, 6558-6559 04-2990 Washington, 6558 04-2989 Merchant marine officers and seamen: Document renewals and issuances; forms and procedures Correction, 6575 04-2992 Ports and waterways safety: Military Ocean Terminal Sunny Point, Cape Fear River, NC; security zone, 6559-6561 04-2986 Workplace drug and alcohol testing programs: Drug and alcohol management information system reporting forms; conforming amendment, 6575-6578 04-2993 Commerce Commerce Department See Census Bureau See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Privacy Act:

Systems of records, 6640 04-2897 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 6649-6650 04-2963 04-2964 Defense Defense Department See Navy Department Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* American Radiolabeled Chemical, Inc., 6691 04-2951 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 6651 04-2902 Employee Employee Benefits Security Administration NOTICES Reports and guidance documents; availability, etc.:

Multiple employer welfare arrangements and certain entities claiming exception; annual report (Year 2003 Form M-1); publication, 6861-6897 04-2985 Employment Employment and Training Administration NOTICES Adjustment assistance: Advanced Energy, 6692 E4-248 ATC Distribution Group, 6692 04-3011 Cardinal Glass Industries, Inc., 6692-6693 04-3013 Carlisle Engineered Products, 6693 E4-249 CFM Harris Systems, 6693 04-3005 Cytec Industries, 6693 04-3009 Intermetro Industries, 6693-6694 04-3010 Manufacturers’ Services, Ltd., 6694 04-3008 NTN-BCA Corp. et al., 6694-6697 04-2901 Olympic West Sportswear, Inc. , et al., 6697 E4-243 Paxar Americas, Inc., 6697-6698 E4-244 E4-246 Symtech, Inc., 6698 04-3007 Thomasville Furniture Industries, Inc., 6698 04-3006 Tower Mills, Inc., 6698-6699 E4-247 Tree Source Industries, Inc., 6699 04-3012 Wellington Die Division, 6699 04-3004 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 6651-6652 04-2960 Natural gas exportation and importation: Irving Oil Terminals, Inc., et al., 6652 04-2968 Puget Sound Energy, Inc., et al., 6652-6653 04-2969 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: Biomass Research and Development Technical Advisory Committee, 6653 04-2967 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Aldicarb, atrazine, cacodylic acid, carbofuran, et al., 6561-6567 04-2956 Solid wastes: Land disposal restrictions— Heritage Environmental Services LLC and Chemical Waste Management Inc.; site-specific treatment variances, 6567-6575 04-2821 PROPOSED RULES Disadvantaged Business Enterprise Program; participation by businesses in procurement under financial assistance agreements Hearing, 6592-6593 04-2957 Solid wastes: Land disposal restrictions— Heritage Environmental Services LLC and Chemical Waste Management Inc.; site-specific treatment variances, 6593-6595 04-2820 NOTICES Grants and cooperative agreements; availability, etc.:

Tribal pesticide and special projects, 6656-6661 04-2955 Meetings: Tribal Pesticide Program Council, 6661-6662 04-2815 Reports and guidance documents; availability, etc.: Clean Water Act— Section 319 nonpoint source grants awarded to Indian Tribes; guidelines, 6662-6665 04-2958 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Air carrier certification and operations: Aging airplane safety; inspections and records reviews; correction, 6555-6556 04-2879 Collision avoidance systems; correction, 6556 04-2881 Digital flight data recorder upgrade requirements; correction, 6556 04-2876 DOD commercial air carrier evaluators; credentials; correction, 6555 04-2874 Fractional aircraft ownership programs and on-demand operations; correction, 6531 04-2873 Fuel tank system safety assessments; compliance deadline extension; correction, 6531-6532 04-2878 Large cargo airplanes; flightdeck security; correction, 6556 04-2877 Air traffic operating and flight rules, etc.:

Enhanced flight vision systems Correction, 6531 04-2890 Niagara Falls, NY; special flight rules in vicinity— Canadian flight management procedures; correction, 6555 04-2880 Airworthiness directives: Aerospatiale, 6539-6541 04-2574 Airbus, 6547-6552 04-2682 04-2683 Boeing, 6536-6537, 6542-6546 04-2571 04-2578 Bombardier, 6538-6539, 6546-6547 04-2577 04-2681 Dassault, 6533-6534, 6552-6553 04-2580 04-2684 Dornier, 6534-6535 04-2579 Fokker, 6541-6542 04-2573 McDonnell Douglas, 6532-6533 04-2581 Pacific Aerospace Corp., Ltd., 6553-6555 04-2953 Airworthiness standards:

Transport category airplanes— Thermal/acoustic insulation materials; improved flammability standards; correction, 6532 04-2875 PROPOSED RULES Airworthiness directives: Alexander Schleicher GmbH & Co. Segelflugzeugbau, 6585-6587 04-2954 Boeing, 6587-6592 04-2959 Noise standards: Propeller-driven small airplanes; noise stringency increase, 6855-6859 04-2891 FCC Federal Communications Commission RULES Common carrier services: Commercial mobile radio services— Enhanced 911 requirements; clarification, 6578-6582 04-2124 Radio stations; table of assignments:

Alabama and Georgia, 6582 04-2895 Texas, 6582 04-2896 PROPOSED RULES Common carrier services: Commercial mobile radio services— Enhanced 911 requirements; expansion, 6595-6600 04-2125 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-2940 6665-6666 04-2944 Federal Election Federal Election Commission RULES Compliance procedures: Administrative fines; reporting requirements, 6525-6526 04-2845 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings;

Sunshine Act, 6654-6656 04-3061 04-3062 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 6666-6667 04-3002 Ocean transportation intermediary licenses: Jet Freight International Co., Ltd., et al., 6667-6668 04-3001 Federal Reserve Federal Reserve System RULES Fair and Accurate Credit Transactions Act; implementation Fair credit reporting provisions (Regulation V), 6526-6531 04-2913 FTC Federal Trade Commission RULES Fair and Accurate Credit Transactions Act; implementation Fair credit reporting provisions (Regulation V), 6526-6531 04-2913 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent:

Orange County, FL— International Drive Circulator system, 6716-6718 04-2987 Orlando International Airport Connector, 6718-6720 04-2988 Grants and cooperative agreements; availability, etc.: Transit assistance programs, apportionments, allocations, and program information, 6725-6786 04-2741 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: Gray Insurance Co., 6721 04-2898 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Northern sea otter; southwest Alaska distinct population, 6600-6621 04-2844 NOTICES Environmental statements; notice of intent: Incidental take permits— Middle Fork Flathead River Corridor lands, MT; grizzly bears, 6683-6685 04-2952 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Monesin, 6557-6558 04-2893 Oxytetracycline hydrochloride soluble powder, 6556-6557 04-2894 Food for human consumption: Dietary supplements containing ephedrine alkaloids, 6787-6854 04-2912 NOTICES Agency information collection activities; proposals, submissions, and approvals, 6668-6669 04-2998 Animal drugs, feeds, and related products:

Ceftiofur, 6669 04-2892 Memorandums of understanding: National Library of Medicine, National Institutes of Health, and FDA; records transfers, 6669-6673 04-2905 Reports and guidance documents; availability, etc.: Postmenopausal osteoporosis; preclinical and clinical evaluation agents used in prevention or treatment, 6673-6674 04-2999 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Glenn/Colusa County, 6640 04-2937 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 6721-6723 04-2974 04-2975 04-2976 International International Trade Administration NOTICES Antidumping:

Polychloroprene rubber from— Japan, 6642 04-3000 International International Trade Commission NOTICES Import investigations: Plastic grocery and retail bags, 6689-6690 04-2942 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments: Aervoe Industries, Inc., et al., 6690 04-2978 AFG Industries, Inc., et al., 6690-6691 04-2977 Exelon Mystic, 6691 04-2979 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration NOTICES International Labor Affairs Bureau:

Mexico; North American Agreement on Labor Cooperation obligations; review of U.S. submission, 6691-6692 04-2900 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Front Range, 6685 04-2970 Resource management plans, etc.: Gunnison Gorge National Conservation Area, CO, 6685-6687 04-2910 Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.: Minority Business Development Center Program, 6642-6644 04-2983 Native American Business Development Center Program— Minnesota and Iowa, 6644-6646 04-2984 NASA National Aeronautics and Space Administration NOTICES Meetings:

Aerospace Technology Advisory Committee, 6699 04-2961 Space Science Advisory Committee, 6700 04-2962 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 6700 04-2943 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Fuel system integrity; correction, 6583 04-2995 NIH National Institutes of Health NOTICES Meetings: Alternative Toxicological Methods Scientific Advisory Committee, 6674-6675 04-2931 National Cancer Institute, 6675-6678 04-2915 04-2917 04-2918 04-2924 04-2925 National Center for Research Resources, 6678 04-2930 National Center on Minority Health and Health Disparities, 6678 04-2927 National Heart, Lung, and Blood Institute, 6678-6679 04-2928 National Institute of Dental and Craniofacial Research, 6680 04-2921 National Institute of Mental Health, 6679 04-2916 National Institute of Nursing Research, 6679-6680 04-2920 National Institute on Alcohol Abuse and Alcoholism, 6679 04-2914 National Library of Medicine, 6680 04-2929 Scientific Review Center, 6681-6683 04-2926 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals:

Commercial fishing operations— Commercial fisheries authorization; list of fisheries categorized according to frequency of incidental takes; correction, 6583-6584 04-2981 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Pelagic longline fishery; sea turtle bycatch and bycatch mortality reduction measures, 6621-6635 04-2982 Northeastern United States fisheries— Tilefish, 6635-6639 04-2869 NOTICES Meetings: New England Fishery Management Council, E4-251 6646-6647 E4-252 Pacific Fishery Management Council, 6647 E4-250 National Park National Park Service NOTICES National Register of Historic Places:

Pending nominations, 6687-6689 04-2903 04-2904 National Telecommunications National Telecommunications and Information Administration NOTICES Grants and cooperative agreements; availability, etc.: Public Telecommunications Facilities Program, 6647-6649 04-2947 Navy Navy Department NOTICES Ships available for donation: Amphibious assault ex-NEW ORLEANS and aircraft carrier ex-RANGER; correction, 6650-6651 04-2946 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 6700-6701 04-2935 Committees; establishment, renewal, termination, etc.:

Reactor Safeguards Advisory Committee, 6703 04-2936 *Applications, hearings, determinations, etc.:* Nuclear Fuel Services, Inc., 6701 04-2933 Pacific Gas & Electric Co., 6701-6703 04-2934 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction, Commission on; establishment (EO 13328), 6899-6903 04-3170 Public Public Debt Bureau See Fiscal Service Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 6703-6704 04-2945 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 6704 04-2949 Consolidated Tape Association and Quotation Plans; amendments, 6704-6707 04-2906 04-2907 Self-regulatory organizations; proposed rule changes:

National Association of Securities Dealers, Inc., 6707-6711 04-2950 Philadelphia Stock Exchange, Inc., 6711-6712 04-2948 Stock Clearing Corp. of Philadelphia, 6712-6714 04-2908 04-2909 Social Social Security Administration NOTICES Organization, functions, and authority delegations: Deputy Commissioner, Disability and Income Security Programs, 6714-6715 04-3003 State State Department NOTICES Shrimp trawl fishing; sea turtle protection guidelines; certifications, 6715 04-2972 Surface Surface Transportation Board NOTICES Rail carriers:

Waybill data; release for use, 6720 04-2965 04-2966 Railroad operation, acquisition, construction, etc.: Missouri Central Railway Co., 6720 04-2591 Railroad services abandonment: Norfolk Southern Railway Co., 6720-6721 04-2805 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 6665-6666 04-2944 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 6715 04-2997 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 6715-6716 04-2991 04-2996 Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 6683 04-2994 Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Transportation Department, Federal Transit Administration, 6725-6786 04-2741 Part III Health and Human Services Department, Food and Drug Administration, 6787-6854 04-2912 Part IV Transportation Department, Federal Aviation Administration, 6855-6859 04-2891 Part V Labor Department, Employee Benefits Security Administration, 6861-6897 04-2985 Part VI Executive Office of the President, Presidential Documents, 6899-6903 04-3170 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 28 Wednesday, February 11, 2004 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Part 111 [Notice 2004-5] Extension of Administrative Fines Program AGENCY: Federal Election Commission. ACTION: Final rule and transmittal of regulations to Congress.

SUMMARY: Section 639 of the Fiscal 2004 Omnibus Consolidated Appropriations Act (“2004 Appropriations Act”) amended the Treasury and General Government Appropriations Act, 2000, by extending the expiration date in which the Federal Election Commission (“Commission”) may assess civil monetary penalties for violations of the reporting requirements of section 434(a) of the Federal Election Campaign Act (“Act” or “FECA”). Accordingly, the Commission is extending the applicability of its rules and penalty schedules in implementing the administrative fines program (“AFP”).

Further information is provided in the Supplementary Information that follows. EFFECTIVE DATE: February 11, 2004. FOR FURTHER INFORMATION CONTACT: Ms. Mai T. Dinh, Acting Assistant General Counsel, or Mr. Daniel E. Pollner, Attorney, 999 E Street, NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: Explanation and Justification for 11 CFR 111.30 Section 640 of the Treasury and General Government Appropriations Act, 2000, Pub. L. No. 106-58, 106th Cong., 113 Stat. 430, 476-77 (1999), amended 2 U.S.C. 437g(a)(4) to provide for a modified enforcement process for violations of certain reporting requirements. Under 2 U.S.C. 437g(a)(4)(C), the Commission may assess a civil monetary penalty for violations of the reporting requirements of 2 U.S.C. 434(a). This authority, however, terminated on December 31, 2003. *See* Pub. L. No. 107-67, 107th Cong., 640(c). Recently, section 639 of the 2004 Appropriations Act amended the Treasury and General Government Appropriations Act, 2000, by extending the sunset date to include all reports that cover activity between July 14, 2000 and December 31, 2005. Accordingly, the Commission is issuing this final rule to amend section 11 CFR 111.30 to renew the applicability of the administrative fines regulations, 11 CFR part 111, subpart B, to include all violations relating to reports that cover the period between July 14, 2000 and December 31, 2003 and the period between the date that this final rule is published in the **Federal Register** and December 31, 2005. Until the 2004 Appropriations Act was enacted, the Commission did not have the authority to extend the AFP beyond December 31, 2003. Consequently, there is a gap in the applicability of the AFP from January 1, 2004 to February 10, 2004. All reports covering reporting periods that began and ended during this gap and that are due before February 11, 2004, the effective date of this final rule, are not subject to the AFP. This includes certain 48-hour reports and pre-election reports. These reports are, however, subject to the Commission's enforcement procedures set forth at 11 CFR subpart A. *See* 11 CFR 111.31(a). The Commission notes that Congress, in extending the Commission's AFP authority, provided for continuous applicability of the AFP through December 31, 2005. Moreover, the AFP is procedural; the underlying substantive reporting requirements have remained continuously in effect. Consequently, it is appropriate to apply the AFP to reports that are due after February 10, 2004 even though those reports may relate to reporting periods that include the gap. The Commission is promulgating this final rule without notice or an opportunity for comment because it falls under the “good cause” exemption of the Administrative Procedures Act, 5 U.S.C. 553(b)(3)(B). This exemption allows agencies to dispense with notice and comment if the procedures are “impracticable, unnecessary, or contrary to public interest.” *Id.* This final rule satisfies the “good cause” exemption because a notice and comment period is impracticable in that it would prevent this final rule from taking effect without an even larger gap in the applicability of the AFP. *See Administrative Procedures Act: Legislative History* , S. Doc. No. 248 200

(1946)(“ ‘Impracticable’ means a situation in which the due and required execution of the agency functions would be unavoidably prevented by its undertaking public rule-making proceedings”). In addition, this final rule merely extends the applicability of the AFP and does not change the substantive regulations themselves. Those regulations were already subject to notice and comment when they were proposed in March 2000, 65 FR 16534, and adopted in May 2000, 65 FR 31787, and again when substantive revisions to the AFP were proposed in April 2002, 67 FR 20461, and adopted in March 2003, 68 FR 12572. Thus, it is appropriate and necessary for the Commission to publish this final rule without providing a notice and comment period. The Commission is making this final rule effective immediately upon publication in the **Federal Register** because it falls within the “good cause” exception to the thirty-day delayed effective date requirement set forth at section 553(d)(3) of the Administrative Procedures Act. *See* 5 U.S.C. 553(d)(3). The same reasons that justify the promulgation of this final rule without a notice and comment period, which are set forth above, also justify making this final rule effective without the thirty-day delay. Moreover, making this final rule effective immediately upon publication in the **Federal Register** is justified because a thirty-day delay of the effective date would increase the gap in the AFP. The Commission is submitting this final rule to the Speaker of the House of Representatives and the President of the Senate pursuant to the Congressional Review of Agency Regulations Act, 5 U.S.C. 801(a)(1)(A), on February 6, 2004. Since this is a non-major rule, it is not subject to the delayed effective date provisions of 5 U.S.C. 801(a)(3). Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory Flexibility Act) The attached final rule will not have a significant impact on a substantial number of small entities. The basis for this certification is that this final rule merely extends the applicability of existing regulations for two more years. The existing regulations have already been certified as not having a significant economic impact on a substantial number of small entities. 65 FR 31793 (2000). Therefore, the extension of these existing regulations will not have a significant economic impact on a substantial number of small entities. List of Subjects in 11 CFR Part 111 Administrative practice and procedures, Elections, Law enforcement. For the reasons set out in the preamble, subchapter A, chapter I of title 11 of the Code of Federal Regulations is amended as follows: PART 111—COMPLIANCE PROCEDURES (2 U.S.C. 437g, 437d(a)) 1. The authority for part 111 continues to read as follows: Authority: 2 U.S.C. 437g, 437d(a), 438(a)(8); 28 U.S.C. 2461 nt. 2. 11 CFR 111.30 is revised to read as follows: § 111.30 When will subpart B apply? Subpart B applies to violations of the reporting requirements of 2 U.S.C. 434(a) committed by political committees and their treasurers that relate to the reporting periods that begin on or after July 14, 2000 and end on or before December 31, 2005. This subpart, however, does not apply to reports that are due between January 1, 2004 and February 10, 2004 and that relate to reporting periods that begin and end between January 1, 2004 and February 10, 2004. Dated: February 5, 2004. Bradley A. Smith, Chairman, Federal Election Commission. [FR Doc. 04-2845 Filed 2-10-04; 8:45 am]

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