Unknown. Final rule

3,272 words·~15 min read·/register/2004/02/26/04-4222

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-02-26.xml --- 69 38 Thursday, February 26, 2004 Contents Agricultural Agricultural Marketing Service RULES Dairy products; grading and inspection: Fees and charges increase, 8797-8798 04-4222 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 8939 04-4145 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 8969-8975 04-4219 04-4230 04-4231 04-4232 04-4233 04-4234 04-4235 Meetings:

Radiation and Worker Health Advisory Board, 8975-8976 04-4238 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-4215 8976-8977 04-4216 Coast Guard Coast Guard RULES Drawbridge operations: New Jersey, 8813-8815, 8817 04-4207 04-4211 04-4280 North Carolina, 8815 04-4208 Rhode Island, 8815-8817 04-4279 Ports and waterways safety: San Francisco Bay, CA— Security zones, 8817-8821 04-4209 NOTICES Meetings:

Commercial Fishing Industry Vessel Safety Advisory Committee, 8983 04-4281 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Vietnam, 8937-8939 E4-407 Community Community Development Financial Institutions Fund NOTICES Grants and cooperative agreements; availability, etc.: Community Development Financial Institutions Program Financial Assistance Component, 9018-9026 04-4301 Defense Defense Department See Air Force Department See Navy Department Defense Defense Nuclear Facilities Safety Board NOTICES Meetings;

Sunshine Act, 8940 04-4363 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 8940-8941 04-4218 Grants and cooperative agreements; availability, etc.: Innovation and improvement— Excellence in Economic Education Program, 9173-9178 04-4298 Safe and Drug-Free Schools Programs— Cooperative Civic Education and Economic Education Exchange Program, 8941-8944 04-4297 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-4244 8988-8990 04-4245 04-4246 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Pennsylvania, 8822-8824 04-1969 Solid wastes: Hazardous waste; identification and listing— Exclusions, 8828-8833 04-4252 Water programs: Underground injection control program— Texas; Class III brine mining injection wells, 8824-8828 04-3223 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Michigan, 8905-8911 04-4253 Executive Executive Office of the President See Management and Budget Office See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 8809-8811 04-4258 General Electric Co., 8801-8809 04-3798 Standard instrument approach procedures, 8811-8813 04-4172 PROPOSED RULES Airworthiness directives: Dornier, 8878-8884 04-4255 04-4257 General Electric Co., 8875-8878 04-4101 Raytheon, 8880-8881 04-4256 Prohibited areas, 8884-8885 04-4290 NOTICES Aeronautical land-use assurance; waivers: Dane County Regional Airport, WI, 9002 04-4291 Airport noise compatibility program: Martin County Airport/Witham Field, FL, 9003-9006 04-4192 Noise exposure maps— Georgetown Municipal Airport, TX, 9006-9007 04-4196 Environmental statements; availability, etc.:

Mojave Airport, CA; East Kern Airport District launch site operator license, 9007-9014 04-4176 Environmental statements; notice of intent: San Antonio International Airport, TX, 9014-9015 04-4292 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Mississippi, 8833-8834 04-4261 North Dakota, 8834 04-4262 NOTICES Common carrier services: Telecommunications carrier eligibility designation petitions— Virginia Cellular, LLC; Virginia service area, 8958-8964 04-4266 Wireless telecommunications services— Direct broadcast satellite service licenses; auction, 8965-8966 04-4267 Meetings: 2007 World Radiocommunication Conference Advisory Committee, 8966 04-4264 Network Reliability and Interoperability Council, 8966-8967 04-4263 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 8967 04-4220 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 8967 04-4353 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act), Natural Gas Policy Act, and oil pipeline companies (Interstate Commerce Act): Quarterly financial reporting requirements and annual reports revisions, 9029-9118 04-3876 NOTICES Environmental statements; notice of intent: Corpus Christi LNG, L.P. et al., 8950-8952 E4-410 Sabine Pass LNG, L.P. et al., 8953-8955 E4-411 Hydroelectric applications, 8955-8957 E4-402 E4-409 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 8944 E4-401 Cypress Gas Pipeline, LLC, 8944 E4-403 Dominion Transmission, Inc., 8944-8945 E4-400 Eastern Shore Natural Gas Co., 8945 E4-399 Entergy Asset Management, Inc., et al., 8945-8946 E4-391 Idaho Power Co., 8946 E4-394 Invenergy TN, LLC, 8946 E4-393 Iroquois Gas Transmission System, L.P., 8946-8947 E4-404 Maritimes & Northeast Pipeline, L.L.C., 8947 E4-395 Northern Natural Gas Co., 8947 E4-405 Portland Natural Gas Transmission System, 8947-8948 E4-389 Southern California Water Co., 8948 E4-392 Stingray Pipeline Co., L.L.C., 8948-8949 E4-398 Trailblazer Pipeline Co., 8949 E4-397 Transcontinental Gas Pipe Line Corp., 8949 E4-406 Viking Gas Transmission Co., 8949-8950 E4-396 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Cache County, UT, 9015 04-4260 Federal Railroad Federal Railroad Administration RULES Railroad workplace safety: Roadway maintenance machine safety, 8834-8839 04-4251 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 8967-8969 04-4293 Banks and bank holding companies: Formations, acquisitions, and mergers, 8969 04-4227 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Santa Ana sucker, 8839-8861 04-4225 PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Santa Ana sucker, 8911-8915 04-4226 NOTICES Endangered and threatened species and marine mammal permit applications, 8984 04-4294 Endangered and threatened species permit applications, 8984-8985 04-4259 Meetings: North American Wetlands Conservation Council, 8985 04-4295 Food Food and Drug Administration RULES Human drugs and biological products: Bar code label requirements, 9119-9171 04-4249 NOTICES Agency information collection activities; proposals, submissions, and approvals, 8977-8981 04-4247 04-4248 04-4309 Reports and guidance documents; availability, etc.:

MedWatch voluntary and mandatory reporting forms; correction, 9028 C4-3333 Forest Forest Service NOTICES Environmental statements; notice of intent: Rio Grande National Forest, CO, 8934-8935 04-4242 Meetings: Resource Advisory Committees— Catron County, 8935-8936 04-4239 Madera County, 8935 04-4237 Wrangell-Petersburg, 8936 04-4243 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8981-8982 04-4205 Health professional shortage areas:

Recruitment of clinicians to become commissioned officers and of sites for assignment of CO's, 8982-8983 04-4204 Homeland Homeland Security Department See Coast Guard Interior Interior Department See Fish and Wildlife Service See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Delaware and Lehigh National Heritage Corridor Commission, 8983-8984 04-4241 IRS Internal Revenue Service PROPOSED RULES Income taxes: Charitable remainder trusts; ordering rule application; hearing cancellation, 8885-8886 04-4289 Notional principal contracts; contingent nonperiodic payments, 8886-8898 04-4151 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9026-9027 04-4288 Meetings:

Taxpayer Advocacy Panels, 9027 04-4287 International International Trade Administration NOTICES Antidumping: Stainless steel sheet and strip in coils from— France, 8936 04-4296 Justice Justice Department See Justice Programs Office NOTICES Pollution control; consent judgments: J.R. Simplot Co., 8986 04-4213 Sporting Goods Properties, Inc., 8986-8987 04-4214 Justice Justice Programs Office NOTICES Meetings: Global Justice Information-Sharing Initiative Federal Advisory Committee, 8987 04-4250 Labor Labor Department See Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 8987 04-4206 Library Library of Congress RULES Copyright Arbitration Royalty Panel rules and procedures:

Sound recordings and ephemeral recordings; digital performance right; rates and terms Correction, 8822 04-3957 Copyright office and procedures: Copyright claims registration; “Best Edition” of published motion pictures for Library of Congress collections, 8821-8822 04-3958 Management Management and Budget Office NOTICES Federal programs; cost-effectiveness analysis; discount rates (Circular A-94), 8991-8992 04-4228 NASA National Aeronautics and Space Administration NOTICES Meetings:

Advisory Council, 8990 04-4303 President's Commission on Implementation of United States Space Exploration Policy, 8990-8991 04-4302 National Credit National Credit Union Administration RULES Credit unions: Share insurance and appendix— Living trust accounts, 8798-8801 04-4217 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9015-9016 04-4278 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 8874 04-4265 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 8861-8874 04-4286 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic sea scallop, 8915-8933 04-4019 NOTICES Meetings: Caribbean Fishery Management Council, 8936-8937 04-4285 New England Fishery Management Council, 8937 04-4273 National Park National Park Service NOTICES Meetings: Denali National Park Subsistence Resource Commission, 8985-8986 04-4284 Navy Navy Department NOTICES Meetings:

Naval Academy, Board of Visitors, 8939-8940 04-4236 Patent licenses; non-exclusive, exclusive, or partially exclusive: Lumitox Gulf L.C., 8940 04-4240 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* FirstEnergy Nuclear Operating Co., 8991 E4-408 Office Office of Management and Budget See Management and Budget Office Postal Postal Service PROPOSED RULES Domestic Mail Manual: Packaging and closure requirements, mailing containers, and parcel sorting equipment; changes, 8899-8905 04-4212 Presidential Presidential Documents EXECUTIVE ORDERS Manufacturing;

Federal Government policy to encourage innovation (EO 13329), 9179-9182 04-4436 Committees; establishment, renewal, termination, etc.: Access and Mobility, Interagency Transportation Coordinating Council on; establishment (EO 13330), 9183-9187 04-4451 Research Research and Special Programs Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 9016-9018 04-4282 04-4283 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 8992 04-4360 Securities, etc.:

Sarbanes-Oxley Act of 2002; implementation— Financial Accounting Standards Board; accounting support fee; review, 8992 04-4271 Public Company Accounting Oversight Board; budget and annual accounting support fee, 8992-8993 04-4272 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 8993-8995 04-4269 Chicago Board Options Exchange, Inc., 8995-8998 04-4270 Chicago Stock Exchange, Inc., 8998-8999 04-4223 National Association of Securities Dealers, Inc., 8999-9001 04-4268 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

China; democracy, human rights, and rule of law, 9001-9002 04-4376 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Surface and underground mining activities: Excess spoil fills, construction requirements; stream buffer zones, clarification Hearings, 8899 04-4299 Surface coal mining and reclamation operations: Ownership and control of mining operations; definitions, permit requirements, enforcement actions, etc., 8898-8899 04-4300 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department See Community Development Financial Institutions Fund See Internal Revenue Service Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 9029-9118 04-3876 Part III Health and Human Services Department, Food and Drug Administration, 9119-9171 04-4249 Part IV Education Department, 9173-9178 04-4298 Part V Executive Office of the President, Presidential Documents, 9179-9182 04-4436 Part VI Executive Office of the President, Presidential Documents, 9183-9187 04-4451 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 38 Thursday, February 26, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 58 [Docket Number DA-03-03] RIN 0581-AC32 Increase in Fees for Federal Dairy Grading and Inspection Services AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is revising the hourly fees charged for Federal dairy grading and inspection services performed by the Dairy Grading Branch. Dairy grading and inspection services are voluntary and are financed through user-fees assessed to participants in the program. The hourly fees will be adjusted by this action to reflect the increased costs of providing service and to ensure that the Dairy Grading Branch operates on a financially self-supporting basis. EFFECTIVE DATE: April 4, 2004. FOR FURTHER INFORMATION CONTACT: Duane R. Spomer, Associate Deputy Administrator for Standards and Grading, USDA, AMS, Dairy Programs, telephone

(202)720-3171 or e-mail *Duane.Spomer@usda.gov.* SUPPLEMENTARY INFORMATION: Background The Secretary of Agriculture is authorized by the Agricultural Marketing Act of 1946 (AMA), as amended (7 U.S.C. 1621, *et seq.* ), to provide voluntary Federal dairy grading and inspection services to facilitate the orderly marketing of dairy products and to enable consumers to obtain the quality of dairy products they desire. The AMA also provides for the collection of reasonable fees from users of the Federal dairy grading and inspection services that cover the cost of providing these services. The hourly fees are established by equitably distributing the program's projected operating costs over the estimated hours of service—revenue hours—provided to users of the service on a yearly basis. Program operating costs include employee salaries and benefits—which account for nearly 80 percent of the non-travel related operating costs—training, and administrative costs. Periodically, the fees must be adjusted to ensure that the program remains financially self-supporting. AMS regularly reviews its user-fee-financed programs to determine if the fees are adequate. The most recent review determined that the existing fee schedule, effective January 4, 1998, would not generate sufficient revenues to recover operating costs for current and near-term periods while maintaining an adequate reserve balance. Costs in FY 2004 are projected at $5.95 million. Without a fee increase, FY 2004 revenues are projected at $5.71, and the trust fund balance would be $2.09 million. With a fee increase, FY 2004 revenues are projected at $6.14 million, and the trust fund balance would be $2.52 million. Employee salaries and benefits account for approximately 80.0% of the non-travel related operating budget. The majority of travel costs are billed directly to the users of services provided by the Dairy Grading Branch on a cost-recovery basis. Since the January 4, 1998, fee increase, Federal salaries and location adjustments have increased annually. The average salary has increased approximately 17.4% during this 6-year period. As a result of these increases, annual salary and benefit costs to the program are approximately $556 thousand more today than in 1998. Inflation has also increased the operational and administrative costs associated with this program, and a fee increase is necessary to sustain the program. If the short fall is allowed to continue, it will place the Dairy Grading Branch in an unstable financial position that will adversely affect its ability to provide dairy grading and inspection services. This proposal will also generate funds to automate current business practices of the Dairy Grading Branch that will minimize the extent of future fee increases. Automated business practices will also enhance customer services through improvements in office efficiency and timeliness of providing grading and inspection services and information to users of dairy grading and inspection services. In view of these considerations, AMS will increase the hourly fees associated with Federal dairy grading and inspection services. The hourly fee for resident services provided between the hours of 6:00 a.m. and 6:00 p.m. will increase from $51.00 to $57.00 per hour. The hourly fee for nonresident services between the hours of 6 a.m. and 6 p.m. will increase from $56.00 to $62.00 per hour. The hourly fee for resident services provided between 6 p.m. and 6 a.m. will be $61.60 and for nonresident services the fee will be $68.20. For services performed in excess of 8 hours per day and for services performed on Saturday, Sunday, and legal holidays, 1 1/2 times the base fee would apply, and as a result, the fee will increase from $84.00 per hour to $93.00 per hour. Executive Order 12866 This action has been determined to be “not significant” for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act Pursuant to the requirements set forth in the Regulatory Flexibility Act (5 U.S.C. 601, *et seq.* ), the AMS has considered the economic impact of this action on small entities. It has determined that its provisions would not have a significant economic effect on a substantial number of small entities. AMS provides voluntary Federal dairy product grading and inspection services to about 350 users of services provided by the Dairy Grading Branch. Manufacturing operations participating in the voluntary plant inspection program have their facility inspected against established construction and sanitation requirements. Dairy products manufactured in facilities complying with the USDA requirements are eligible to be inspected and graded against official quality standards and specifications established by AMS and certain contract provisions between buyer and seller. Products inspected or graded by the Dairy Grading Branch have certificates issued concerning the product's quality and condition. Many of these users are small entities under the criteria established by the Small Business Administration (13 CFR 121.201). This rule will raise the fee charged to businesses for voluntary inspection and grading services for dairy and related products and the evaluation of food processing equipment. Even though the fee will be raised, the increase is approximately 10.7% for nonresident service and 11.8% for resident service and will not significantly affect these entities. These businesses are under no obligation to use these voluntary user-fee based services, and any decision on their part to discontinue the use of the services would not prevent them from marketing their products. The AMS estimates that overall this rule would yield an additional $522,000 annually. This action reflects certain fee increases needed to recover the cost of inspection and grading services rendered in accordance with the Agricultural Marketing Act. The AMS regularly reviews its user-fee financed programs to determine if fees are adequate and if costs are reasonable. The existing fee schedule will not generate sufficient revenues to cover program costs while maintaining an adequate reserve balance (four months of costs) as called for by Agency policy. Without a fee increase, total revenue projections—including travel revenue—for Fiscal Year 2004 would be $5.71 million. Total costs—including travel costs—for the same period of time are projected to increase to $5.95 million. The shortfall, if allowed to continue, would translate into a trust fund balance of $431 thousand or 0.8 months of operating reserve at the end of FY 2007, which is below the Agency policy requirement. This action raises the hourly fees charged to users of Federal dairy inspection and grading services. AMS estimates this action will provide the Dairy Grading Branch an additional $522 thousand annually. This will generate revenue to recover program costs, automate business practices to minimize the extent of future fee increases, and enhance customer services through improvements in office efficiency and timeliness of providing grading and inspection information to users of these services. Civil Justice Reform This action has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Paperwork Reduction Act This action would not impose any additional reporting or recordkeeping requirements on users of Federal dairy grading and inspection services. Comments and Responses AMS published a proposed rule in the **Federal Register** on October 3, 2003 (68 FR 57882) to increase the fees for Federal dairy grading and inspection services and requested comments by November 3, 2003. The Agency did not receive comments on this proposal. List of Subjects in 7 CFR Part 58 Dairy Products, Food grades and standards, Food labeling, Reporting and recordkeeping requirements. For the reason set forth in the preamble, 7 CFR part 58 is amended as follows: PART 58—GRADING AND INSPECTION, GENERAL SPECIFICATIONS FOR APPROVED PLANTS AND STANDARDS FOR GRADES OF DAIRY PRODUCTS 1. The authority citation for 7 CFR part 58 continues to read as follows: Authority: 7 U.S.C. 1621-1627. Subpart A—[Amended] § 58.43 [Amended] 2. In § 58.43, “$56.00” is removed and “$62.00” is added in its place, and “$61.60” is removed and “$68.20” is added in its place. § 58.45 [Amended] 3. In § 58.45, “$51.00” is removed and “$57.00” is added in its place. Dated: February 20, 2004. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 04-4222 Filed 2-25-04; 8:45 am]

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