Unknown. Final rule; technical amendment

2,337 words·~11 min read·/register/2004/03/16/04-5870

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-03-16.xml --- 69 51 Tuesday, March 16, 2004 Contents Administration Administration Office, Executive Office of the President NOTICES Privacy Act: Systems of records, 12326-12328 04-5846 Agricultural Agricultural Marketing Service NOTICES Committees; establishment, renewal, termination, etc.: National Organic Standards Board, 12298-12299 04-5894 Greenhouse tomatoes; grade standards, 12299 04-5990 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service NOTICES Meetings:

National Agricultural Research, Extension, Education, and Economics Advisory Board, 12298 04-5845 Animal Animal and Plant Health Inspection Service RULES Plant Protection Act; authority citations revised; technical amendment, 12265 04-5870 Army Army Department NOTICES Environmental statements; availability, etc.: Joint Readiness Training Center and Fort Polk and Kisatchie National Forest lands, LA; 2d Armored Calvary Regiment, 12304-12305 04-5853 Centers Centers for Disease Control and Prevention NOTICES Meetings:

National Institute for Occupational Safety and Health— Titanium dioxide; occupational exposure; health risks, 12330-12331 04-5855 Citizenship Citizenship and Immigration Services Bureau NOTICES Immigration: Petitions regarding H-2B for temporary nonimmigrant workers no longer acceptable; numerical limitation for FY 2004, 12340-12341 04-5940 Coast Guard Coast Guard NOTICES Meetings: National Boating Safety Advisory Council, 12341 04-5915 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau RULES Merchandise, special classes:

Import restrictions— Honduras; archaeological material, 12267-12271 04-6017 NOTICES Agency information collection activities; proposals, submissions, and approvals, 12342 04-5856 Defense Defense Department See Army Department NOTICES Committees; establishment, renewal, termination, etc.: Historical Advisory Committee, 12303 04-5868 National Defense University Board of Visitors et al., 12303 04-5867 Education Education Department RULES Postsecondary education: Institutional eligibility for Federal funds, 12274-12277 04-5821 Employment Employment and Training Administration NOTICES Adjustment assistance:

Auburn Foundry, 12349 E4-591 Cordis Corp., 12349 E4-589 Dack Industries, 12351 E4-583 Dexter Shoe Co., 12349 E4-587 Duraw Manufacturing of Mississippi, Inc., 12350 E4-586 Eighth Floor Promotions, 12350 E4-582 Fleetguard, Inc., 12350 E4-594 Hamilton Collection, 12350 E4-575 Kwikset, 12349 E4-579 Lucent Technologies, Inc., 12350 E4-584 Maxxim Medical, Inc., 12350-12351 E4-592 National Textiles, 12351 E4-573 Phillips Plastics Corp., 12351 E4-593 R&R Hosiery Partner, 12351 E4-590 Shape Global Technology, 12351-12352 E4-585 Stitches Manufacturing, Inc., 12352 E4-588 Textron Fastening Systems, 12352 E4-581 Timken Co., 12352 E4-577 Union Tools, Inc., 12352-12353 04-5927 Universal Aerospace Co., Inc., 12353 E4-572 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.:

Logan County, IL; low-emission boiler system proof-of-concept project; hearing, 12305-12306 04-5881 Paducah Gaseous Diffusion Plant, KY; waste disposition activities, 12306 04-5882 Meetings: Environmental Management Site-Specific Advisory Board— Chairs, 12306-12307 04-5883 Fernald Site, OH, 12307 04-5884 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 12307-12308 04-5880 EPA Environmental Protection Agency PROPOSED RULES Air pollutants, hazardous; national emission standards; and air pollution; standards of performance for new stationary sources:

Electric utility steam generating units, 12397-12472 04-4457 Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 12292-12296 04-5872 NOTICES Agency information collection activities; proposals, submissions, and approvals, 12323-12324 04-5876 Committees; establishment, renewal, termination, etc.: World Trade Center Towers collapse impacts, related issues; technical panel formation and meeting, 12324-12326 04-5871 Executive Executive Office of the President See Administration Office, Executive Office of the President FAA Federal Aviation Administration RULES Airworthiness standards:

Transport category airplanes— Electrical equipment and installations, storage battery installations; electronic equipment; and electrical system components fire protection, 12525-12530 04-5892 FCC Federal Communications Commission RULES Radio stations; table of assignments: Michigan, 12277 04-5908 Ohio, 12277-12278 04-5912 South Dakota and Iowa, 12277 04-5907 PROPOSED RULES Radio stations; table of assignments: Georgia, 12296 04-5918 Kentucky, 12296-12297 04-5911 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-5906 04-5909 12328-12329 04-5910 04-5914 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 12329-12330 E4-559 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, E4-564 12312-12316 E4-571 Environmental statements; availability, etc.: Consolidated Water Power Co., 12316 E4-600 Northern States Power Co. (Xcel Energy), 12316 E4-568 Hydroelectric applications, 12316-12322 E4-561 E4-562 E4-565 E4-567 E4-569 E4-596 Off-the-record communications, 12322-12323 E4-560 Preliminary permits surrender: Energy Recycling Co., 12308 E4-598 Symbiotics, LLC, et al., 12322 E4-597 *Applications, hearings, determinations, etc.:* Eastern Shore Natural Gas Co., 12308 E4-603 Equitrans, L.P., 12308-12309 E4-566 Gulfstream Natural Gas System, L.L.C., 12309 E4-601 Idaho Power Co., 12322 E4-599 KO Transmission Co., 12309-12310 E4-604 Northern Border Pipeline Co., 12310 E4-602 Northern Natural Gas Co., 12310 E4-606 Northwest Pipeline Corp., 12310-12311 E4-595 San Diego Gas & Electric Co., 12311 E4-563 Tennessee Gas Pipeline Co., 12311 E4-605 Trunkline LNG Co., LLC, 12311-12312 E4-570 Federal Railroad Federal Railroad Administration RULES Railroad locomotive safety standards:

Headlights and auxiliary lights, 12531-12538 04-5913 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 12330 04-5859 Formations, acquisitions, and mergers, 12330 04-5860 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Desert yellowhead, 12278-12290 04-5591 NOTICES Agency information collection activities; proposals, submissions, and approvals, 12343-12344 04-5830 Comprehensive conservation plans; availability, etc.:

D’Arbonne National Wildlife Refuge, LA, 12344 04-5854 Endangered and threatened species permit applications, 12344-12345 04-5835 04-5836 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Trenbolone and estradiol, 12271 04-5863 Medical devices: Hematology and pathology devices— Factor V Leiden DNA mutation detection systems devices classification, 12271-12273 04-5864 NOTICES Agency information collection activities; proposals, submissions, and approvals, 12331-12337 04-5832 04-5833 04-5834 04-5862 Reports and guidance documents; availability, etc.:

Medical devices— Factor V Leiden DNA mutation detection systems; Class II special controls, 12337-12338 04-5865 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Illinois Rockwell Automation, Inc., 12300 04-5923 Massachusetts Hazen Paper Co., 12300-12301 04-5922 New Jersey, 12301 04-5924 North Carolina Siemens Westinghouse Power Corp., 12301-12302 04-5921 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Ravalli County, 12299-12300 04-5843 GSA General Services Administration NOTICES Acquisition regulations:

Application for Service Credit (OF 141); form cancellation, 12330 04-5879 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Primary care settings; buprenorphine opiod abuse treatment; innovative integration methods evaluation, 12338-12340 04-5866 Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department NOTICES Organization, functions, and authority delegations:

Assistant Secretary for Housing-Federal Housing Commissioner, 12342-12343 04-5829 Public and Indian housing: Public Housing Assessment System— Physical condition scoring methodologies; Dictionary of Deficiency Definitions, changes, 12473-12523 04-5828 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Employees of 501(c)(3) organizations in 401(k) and 401(m) plans; exclusion, 12291-12292 04-5903 NOTICES Agency information collection activities; proposals, submissions, and approvals, 12393-12394 04-5904 Meetings:

Art Advisory Panel, 12394 04-5905 International International Trade Administration NOTICES Antidumping: Petroleum wax candles from— China, 12302 04-5917 International International Trade Commission NOTICES Import investigations: Gun barrels used in firearms training systems, 12346-12347 04-5838 Live swine from— Canada, 12347-12348 04-5837 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 12348-12349 04-5861 Minerals Minerals Management Service NOTICES Meetings:

Outer Continental Shelf Scientific Committee, 12345-12346 04-5885 National Credit National Credit Union Administration RULES Reporting and recordkeeping requirements, 12265-12267 04-5902 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Accuride Corp., 12392 04-5891 NOAA National Oceanic and Atmospheric Administration NOTICES Fishery conservation and management: West Coast States and Western Pacific fisheries— Western Pacific crustacean, 12303 04-5893 National Science National Science Foundation NOTICES Meetings;

Sunshine Act, 12356-12357 04-5984 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Pfizer Inc., 12360-12361 04-5857 Meetings; Sunshine Act, 12361 04-5969 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 12361-12376 04-5596 *Applications, hearings, determinations, etc.:* FirstEnergy Nuclear Operating Co., 12357-12360 04-5849 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 12353-12356 04-5895 04-5896 04-5897 Peace Peace Corps RULES Organization;

CFR part removed, 12273-12274 04-5831 Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Dam Adaptive Management Work Group, 12346 04-5852 SEC Securities and Exchange Commission NOTICES Options Price Reporting Authority: Device-based and enterprise rate professional subscriber fees; Basic and FCO Service; amendment, 12377-12379 04-5841 Public Utility Holding Company Act of 1935 filings, 12379-12386 04-5887 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 12386-12390 04-5840 04-5842 Pacific Exchange, Inc., 12390-12391 04-5886 SBA Small Business Administration NOTICES Disaster loan areas:

Oregon, 12391 04-5869 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 12391 04-5901 Meetings: Cultural Diplomacy Advisory Committee, 12391-12392 04-5899 Surface Surface Transportation Board NOTICES Railroad services abandonment: Florida West Coast Railroad Co., Inc., 12392-12393 04-5889 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service RULES Merchandise, special classes:

Import restrictions— Honduras; archaeological material, 12267-12271 04-6017 NOTICES Agency information collection activities; proposals, submissions, and approvals, 12393 04-5850 04-5851 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 12394-12395 04-5919 04-5920 Separate Parts In This Issue Part II Environmental Protection Agency, 12397-12472 04-4457 Part III Housing and Urban Development Department, 12473-12523 04-5828 Part IV Transportation Department, Federal Aviation Administration, 12525-12530 04-5892 Part V Transportation Department, Federal Railroad Administration, 12531-12538 04-5913 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 51 Tuesday, March 16, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 330 [Docket No. 00-063-3] Plant Protection Act; Revisions to Authority Citations; Technical Amendment AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; technical amendment. SUMMARY: In a final rule published in the **Federal Register** and effective on April 27, 2001, we amended the regulations in title 7, chapter III, and title 9, chapter 1, to reflect enactment of the Plant Protection Act (Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772). In the rule, we revised authority citations and removed references to plant protection and quarantine statutes that were repealed by the Plant Protection Act.

One of the changes to 7 CFR part 330 was in error. We are amending the regulations in part 330 to correct this error. EFFECTIVE DATE: April 27, 2001. FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Howard, Chief, Regulatory Analysis and Development, PPD, APHIS, 4700 River Road Unit 118, Riverdale MD 20737;

(301)734-5957. SUPPLEMENTARY INFORMATION: Background On April 27, 2001, APHIS published a final rule amending the regulations in title 7, chapter III, and title 9, chapter I, to reflect enactment of the Plant Protection Act (Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772). The final rule (66 FR 21049-21064, Docket No. 00-063-2) revised the authority citations to the regulations and removed references to plant protection and quarantine statutes that were repealed by the Plant Protection Act. In a number of instances, the rule added references to the Plant Protection Act in the place of references to the repealed statutes, which included the Plant Quarantine Act (7 U.S.C. 151-164a, 167), the Federal Plant Pest Act (7 U.S.C. 147a note, 150aa *et seq.* ), and others. One of our changes, to 7 CFR part 330, was in error. In 7 CFR part 330, “Federal Plant Pest Regulations; General; Plant Pests; Soil, Stone, and Quarry Products; Garbage,” we amended § 330.106, “Emergency measures,” by removing a reference to the Plant Quarantine Act and adding in its place a reference to the Plant Protection Act in the following sentence: “This section does not authorize action with respect to any means of conveyance, product, article, or plant pest which, at the time of the proposed action, is subject to disposal under the Plant Quarantine Act.” We should have removed the sentence. Prior to enactment of the Plant Protection Act, the Plant Quarantine Act authorized the Secretary to take actions to prevent the dissemination of plant pests by nursery stock and other plants and plant products, and the Federal Plant Pest Act, which came later, extended the Secretary's authority to any means of conveyance and other nonplant articles that presented a risk of disseminating plant pests. The regulations in part 330 were promulgated under the authority of the Federal Plant Pest Act. The Federal Plant Pest Act, in its section on emergency measures by the Secretary (7 U.S.C. 150dd), stated that “this subsection shall not authorize such action [meaning emergency measures, including disposal] with respect to any product, article, means of conveyance, or plant pest subject, at the time of the proposed action, to disposal under the Plant Quarantine Act.” The sentence we amended in § 330.106 paralleled this provision. The Plant Protection Act consolidated our authorities for preventing the dissemination of plant pests into one statute. Thus, the sentence we amended was no longer necessary and should have been removed. This document amends the regulations to remove that sentence. List of Subjects in 7 CFR Part 330 Customs duties and inspection, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 330 as follows: PART 330—FEDERAL PLANT PEST REGULATIONS; GENERAL; PLANT PESTS; SOIL, STONE, AND QUARRY PRODUCTS; GARBAGE 1. The authority citation for part 330 continues to read as follows: Authority: 7 U.S.C. 450, 7701-7772, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.3. § 330.106 [Amended] 2. In § 330.106, paragraph

(a)is amended by removing the sixth sentence. Done in Washington, DC, this 10th day of March, 2004. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-5870 Filed 3-15-04; 8:45 am]

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