Unknown. Affirmation of interim rule as final rule

3,092 words·~14 min read·/register/2004/03/23/04-6458·

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-03-23.xml --- 69 56 Tuesday, March 23, 2004 Contents Agricultural Agricultural Marketing Service RULES Soybean promotion, research, and consumer information: Referendum request procedures, 13458-13465 04-6519 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 13586-13587 04-6403 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Japanese beetle, 13457-13458 04-6458 Coast Guard Coast Guard RULES Drawbridge operations: Massachusetts, 13473-13474 04-6396 Commerce Commerce Department See Economic Development Administration See National Oceanic and Atmospheric Administration Customs Customs and Border Protection Bureau NOTICES Country of origin determinations: Multi-function printers, 13577-13580 04-6290 Defense Defense Department See Navy Department RULES Acquisition regulations: Buy-to-budget acquisition of end items, 13477-13478 04-6238 Multiyear contracting authority revisions, 13478-13479 04-6237 Task and delivery order contracts; contract period, 13478 04-6289 PROPOSED RULES Acquisition regulations:

Contractors accompanying a force deployed, 13500-13503 04-6236 Freedom of Information Act; correction, 13503 04-6240 Federal Acquisition Regulation (FAR): Construction and architect-engineer contracts; application of the Brooks Act to mapping services, 13499-13500 04-6418 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13508-13509 04-6392 Meetings: Defense Acquisition University Board of Visitors, 13509 04-6390 U.S. Strategic Command Strategic Advisory Group, 13509 04-6391 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions:

Payson Casters, Inc., et al., 13506-13507 04-6415 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 13510 04-6401 Grants and cooperative agreements; availability, etc.: Institute of International Public Policy Program, 13510-13513 04-6462 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13590-13591 04-6445 04-6450 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13591 04-6446 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Illinois, 13474-13477 04-6424 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Illinois, 13498-13499 04-6425 NOTICES Agency information collection activities; proposals, submissions, and approvals, 13522-13525 04-6429 04-6430 Confidential business information and data transfer, 13525-13526 04-6432 Environmental statements; notice of intent: Mississippi River Reintroduction Into Bayou Lafourche Project, LA, 13526-13527 04-6471 Superfund; response and remedial actions, proposed settlements, etc.:

Amber Oil Site, WI, 13527 04-6428 Equal Equal Employment Opportunity Commission RULES Federal sector equal employment opportunity: Complaint processing data posting, 13473 04-6393 Executive Executive Office of the President See Presidential Documents See Science and Technology Policy Office Export Export-Import Bank NOTICES Meetings; Sunshine Act, 13528 04-6573 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— CenTex Aerospace, Inc.; diamond DA20-C1 katana airplanes, 13465-13467 04-6454 Class D and E airspace, 13467-13468 04-6048 Class E airspace, 13468-13472 04-6047 04-6453 Workplace drug and alcohol testing programs:

Antidrug and Alcohol Misuse Prevention Program, 13472 04-6456 NOTICES Aircraft: Noise exposure maps— Westover Metropolitan Airport, MA, 13614-13615 04-6386 Aircraft registration application procedures, 13614 04-6383 Exemption petitions; summary and disposition, 13615 04-6384 Meetings: Air Traffic Procedures Advisory Committee, 13615-13616 04-6385 Passenger facility charges; applications, etc.: Northern Main Regional Airport, ME, 13616 04-6387 Reports and guidance documents; availability, etc.:

Collaborative Decisionmaking Pilot Program; establishment and implementation, 13616-13619 04-6353 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 13515-13518 E4-643 E4-653 Electric rate and corporate regulation filings; correction [Editorial Note: This document was inadvertently left out of the March 18, 2004 Federal Register], 13625 Meetings: Southwest Power Pool, Inc.; remedying undue discrimination through Open Access Transmission Service and Standard Electricity Market Design; technical confer, 13518-13519 E4-646 Meetings;

Sunshine Act, 13519-13521 04-6505 04-6506 Off-the-record communications, 13522 E4-648 *Applications, hearings, determinations, etc.:* Columbia Gulf Transmission Co., 13513 E4-651 El Paso Natural Gas Co., 13513 E4-652 MIGC, Inc., 13513-13514 E4-650 Natural Gas Pipeline Co. of America, 13514 E4-644 Texaco Petrochemical Pipeline, LLC, 13514 E4-647 Trailblazer Pipeline Co., 13514-13515 E4-649 WPS-ESI Gas Storage, LLC, 13515 E4-645 FMC Federal Maritime Commission NOTICES Investigations, hearings, petitions, etc.:

FedEx Trade Networks Transport & Brokerage, Inc., 13528-13529 04-6394 Meetings; Sunshine Act, 13529 04-6634 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 13529 04-6411 Formations, acquisitions, and mergers, 13529-13530 04-6412 FTC Federal Trade Commission NOTICES Prohibited trade practices: Creative Health Institute, Inc., et al., 13530-13531 04-6460 Vital Basics, Inc., et al., 13531-13532 04-6461 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Preble's meadow jumping mouse, 13504-13505 04-6416 NOTICES Grants and cooperative agreements; availability, etc.: Tribal Landowner Incentive Program, 13677-13683 04-6291 Tribal Wildlife Program, 13682-13688 04-6292 Food Food and Drug Administration RULES Administrative practice and procedures: Center for Drug Evaluation and Research's Central Document Room; address change, 13472-13473 04-6286 Forest Forest Service NOTICES Meetings: New Mexico Collaborative Forest Restoration Program Technical Advisory Panel, 13506 04-6414 Resource Advisory Committees— Tehama County, 13506 04-6436 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Construction and architect-engineer contracts; application of the Brooks Act to mapping services, 13499-13500 04-6418 Health Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department NOTICES Meetings: Manufactured Housing Consensus Committee, 13580 04-6557 Interior Interior Department See Fish and Wildlife Service IRS Internal Revenue Service RULES Income taxes:

Qualified cost sharing arrangements; compensatory stock options; correction, 13473 04-6467 PROPOSED RULES Income taxes: Notional principal contracts; contingent nonperiodic payments Correction, 13498 04-6468 NOTICES Meetings: Taxpayer Advocacy Panels, 13621-13622 04-6469 04-6470 International International Trade Commission NOTICES Import investigations: Andean Trade Preference Act; effect on U.S. economy and on Andean drug crop eradication, 13581 04-6439 Zero-mecury-added alkaline batteries, parts, and products containing same, 13581-13582 04-6438 U.S.-Dominican Republic Free Trade Agreement; potential economywide and selected sectoral effects, 13582-13583 04-6409 U.S.-Morocco Free Trade Agreement; potential economywide and selected sectoral effects, 13583-13584 04-6410 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See National Institute of Corrections RULES Radiation Exposure Compensation Act Amendments of 2000; claims:

Technical amendments, 13627-13676 04-5732 NOTICES Grants and cooperative agreements; availability, etc.: Immigration related employment discrimination; public education programs, 13584-13586 04-6463 Labor Labor Department See Employee Benefits Security Administration See Employment Standards Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13589-13590 04-6442 04-6444 Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 13592-13593 04-6447 Safety standard petitions:

Couteau Properties Co., et al., 13593-13594 04-6400 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Construction and architect-engineer contracts; application of the Brooks Act to mapping services, 13499-13500 04-6418 National Highway National Highway Traffic Safety Administration PROPOSED RULES Consumer information: Seat belt positioners, 13503-13504 04-6397 NOTICES Motor vehicle defect proceedings; petitions, etc.: Rodman, Linda; petition denied, 13619-13620 04-6455 National Institute National Institute of Corrections NOTICES Grants and cooperative agreements; availability, etc.:

Workforce Development for Community Corrections, 13587-13589 04-6354 NIH National Institutes of Health NOTICES Committees; establishment, renewal, termination, etc.: National Science Advisory Board for Biosecurity Committee, 13532-13533 04-6355 Meetings: National Center for Research Resources, 13533 04-6366 04-6367 National Institute of Child Health and Human Development, 13535-13536 04-6361 National Institute of Diabetes and Digestive and Kidney Diseases, 13534 04-6357 National Institute of Environmental Health Sciences, 13536 04-6364 04-6365 National Institute of Mental Health, 13535 04-6360 National Institute of Neurological Disorders and Stroke, 13536-13537 04-6368 National Institute on Alcohol Abuse and Alcoholism, 13534-13535 04-6359 National Institute on Drug Abuse, 13533-13534, 13537 04-6356 04-6369 Scientific Review Center, 13537-13539 04-6358 04-6370 Scientific Review Center; correction, 13538 04-6363 Women's Health Research Advisory Committee, 13539-13540 04-6362 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 13496-13497 04-6475 Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 13481-13482 04-6474 Northeastern United States fisheries— Seafood dealer reporting requirements, 13482-13496 04-6476 Marine mammals: Commercial fishing operations; incidental taking— Atlantic Large Whale Take Reduction Plan, 13479-13481 04-6565 NOTICES Environmental statements; notice of intent:

National Estuarine Research Reserve System— Coastal zone management program evaluations; various States, 13507-13508 04-6419 Navy Navy Department NOTICES Meetings: Chief of Naval Operations Executive Panel, 13509 04-6524 Naval Research Advisory Committee, 13509-13510 04-6525 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 13594 04-6421 Meetings: Nuclear Waste Advisory Committee, 13598-13599 E4-658 Reactor Safeguards Advisory Committee, 13599-13600 E4-654 04-6420 Meetings;

Sunshine Act, 13600 04-6521 *Applications, hearings, determinations, etc.:* Alaska Department of Transportation & Public Facilities, Anchorage, AK, 13594-13596 04-6423 STP Nuclear Operating Co., et al., 13596-13598 04-6422 Postal Postal Service NOTICES Privacy Act: Systems of records, 13600-13602 04-6399 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Poison Prevention Week, 2004 (Proc. 7763) 13707-13708 04-6687 EXECUTIVE ORDERS Committees: establishment, renewal, termination, etc.:

Trafficking in Persons, President's Task Force To Monitor and Combat; amendments (EO 13333), 13455-13456 04-6622 Science Science and Technology Policy Office NOTICES Meetings: Laboratory biosecurity; culture of responsibility; workshop, 13527-13528 04-6517 SEC Securities and Exchange Commission PROPOSED RULES Electronic Data Gathering, Analysis, and Retrieval (EDGAR) system: Modernization; filing requirements; changes, 13689-13703 04-6404 NOTICES Investment Company Act of 1940:

Glenbrook Life and Annuity Co., et al., 13602-13604 04-6451 Securities: Suspension of trading— Queench, Inc., 13604 04-6572 Self-regulatory organizations; proposed rule changes: Fixed Income Clearing Corp., 13604-13605 04-6408 National Association of Securities Dealers, Inc., 13606-13608 04-6407 New York Stock Exchange, 13608-13609 04-6405 Pacific Exchange Inc., 13610-13613 04-6406 04-6452 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Mental Health Services Center— Child and adolescent mental health cooperative agreement; national training and technical assistance center, 13542-13545 04-6372 State incentive grants to build capacity for alternatives to restraint and seclusion, 13545-13548 04-6376 Treatment for Homeless, 13540-13542 04-6371 Substance Abuse Prevention Center— Youth Transition into the Workplace Grants, 13548-13553 04-6377 Substance Abuse Treatment Center— Child and adolescent mental health; state infrastructure grants, 13553-13556 04-6373 Recovery Community Services Program, 13563-13577 04-6378 Targeted Areas of Need Program, 13556-13559 04-6374 Women and children; pregnant and postpartum residential treatment, 13559-13563 04-6375 Surface Surface Transportation Board NOTICES Motor carriers:

Southern Motor Carriers Rate Conference, Inc.; ratemaking authority, 13620-13621 04-6192 Rail carriers: Waybill data; release for use, 13621 04-6440 Thrift Thrift Supervision Office NOTICES *Applications, hearings, determinations, etc.:* St. Edmond's Federal Savings Bank, 13622 04-6472 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings: Agreements filed; weekly receipts, 13613-13614 04-6379 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 13622-13624 04-6464 04-6466 Separate Parts In This Issue Part II Justice Department, 13627-13676 04-5732 Part III Interior Department, Fish and Wildlife Service, 13677-13688 04-6291 04-6292 Part IV Securities and Exchange Commission, 13689-13703 04-6404 Part V Executive Office of the President, Presidential Documents, 13705-13708 04-6687 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 56 Tuesday, March 23, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 03-057-2] Japanese Beetle; Domestic Quarantine and Regulations AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the Japanese beetle quarantine and regulations by adding Colorado and Montana to the list of protected States. The interim rule was necessary to prevent the spread of Japanese beetle into noninfested areas of the United States. EFFECTIVE DATE: The interim rule became effective on July 18, 2003. FOR FURTHER INFORMATION CONTACT: Dr. S. Anwar Rizvi, Program Manager, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;

(301)734-4313. SUPPLEMENTARY INFORMATION: Background The Japanese beetle *(Popillia japonica)* feeds on fruits, vegetables, and ornamental plants and is capable of causing damage to over 300 potential hosts. The Japanese beetle quarantine and regulations, contained in 7 CFR 301.48 through 301.48-8 (referred to below as the regulations), quarantine the States of Alabama, Connecticut, Delaware, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and the District of Columbia and restrict the interstate movement of aircraft from regulated airports in these States in order to prevent the spread of the Japanese beetle to noninfested States where the Japanese beetle could become established. Those noninfested States where the Japanese beetle could become established are referred to as protected States and are listed in § 301.48(b). In an interim rule effective July 18, 2003, and published in the **Federal Register** on July 24, 2003 (68 FR 43613-43614, Docket No. 03-057-1), we amended the regulations by adding Colorado and Montana to the list of protected States. Comments on the interim rule were required to be received on or before September 22, 2003. We received one comment by that date. The comment was from a State agricultural agency and supported the interim rule. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. This action also affirms the information contained in the interim rule concerning Executive Orders 12866, 12372, and 12988 and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. Regulatory Flexibility Act This rule affirms an interim rule that amended the Japanese beetle quarantine and regulations by adding Colorado and Montana to the list of protected States. The interim rule was necessary to prevent the spread of Japanese beetle into noninfested areas of the United States. The following analysis addresses the economic effect of this rule on small entities, as required by the Regulatory Flexibility Act. The Japanese beetle is a highly destructive plant pest of foreign origin. It was first found in the United States in a nursery in southern New Jersey in 1916. In its native Japan, where the beetle's natural enemies keep its population in check, it is not a serious pest. In the United States however, the beetle entered without its natural enemies and found a favorable climate and an abundant food supply. By 1972, beetle infestations had been reported in 22 States east of the Mississippi River and also in Iowa and Missouri. The Japanese beetle has continued to disperse south and west without any natural enemies to slow its spread. Both the adult and grub Japanese beetles are destructive plant pests. The adult beetles are known to feed on more than 400 species of broad-leaf plants, although only about 50 species are preferred. The grubs will also feed on a wide variety of plant roots, especially turf grass. The Japanese beetle is responsible for several millions of dollars in damages to U.S. agriculture each year. As a result of the interim rule's addition of Colorado and Montana to the list of protected States, aircraft from regulated airports in any State quarantined because of the Japanese beetle must meet certain requirements before departing for Colorado or Montana to ensure the aircraft is free of Japanese beetle. The interim rule was necessary to reduce the risk of Japanese beetle becoming established in Colorado and Montana. In 2001, all crop receipts for Colorado were approximately $1.4 billion. Feed crops comprised approximately 45 percent of all crops followed by vegetables (18 percent), food grains (16 percent), and greenhouse/nursery (15 percent). Table 1.—2001 Colorado Cash Receipts, All Crops Crops Value (1,000 dollars) Percentage Food grains 210,120 16 Feed 606,874 45 Oil 17,521 1 Vegetables 244,264 18 Fruits, nuts 19,242 1 Greenhouse/nursery 207,237 15 All other 49,207 4 Total 1,354,465 100 In 2001, all crop receipts for Montana were approximately $657 million. Food grains comprised approximately 56 percent of all crops followed by feed crops (26 percent) and all other (8 percent). Table 2.—2001 Montana Cash Receipts, All Crops Crops Value (1,000 dollars) Percentage Food grains 366,398 56 Feed 175,184 26 Oil 9,087 1 Vegetables 31,410 5.5 Fruits, nuts 1,371 0.5 Greenhouse/nursery 16,860 3 All other 56,938 8 Total 657,248 100 The majority of the producers in Colorado and Montana can be classified as small entities according to the Small Business Administration

(SBA)criterion of $750,000 or less in annual receipts. Agricultural producers play an important role in the States' economies. Thus, the benefits of protecting these States from infestation of Japanese beetle are worth the minor costs of inspection and treatment of air cargo. The groups affected by this action will be air carriers flying from regulated airports in quarantined States to the protected States of Colorado and Montana. The additional costs incurred by the affected air carriers are expected to be minimal because the protocols and procedures are already established and followed for air cargo destined for any of the seven other protected States. The majority of air cargo is transported within the United States by nine large businesses (Airborne, Burlington Express, DHL, Dynair, Emery Worldwide, Evergreen, FedEx, and United Parcel Service). According to SBA, an air carrier with more than 1,500 employees is considered large. The exact number or percentage of small air carriers who will be affected is currently unknown; however the economic effects will be limited because many entities already comply with the regulations in order to transport cargo to other protected States. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 68 FR 43613-43614 on July 24, 2003. Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). Done in Washington, DC, this 17th day of March, 2004 . Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-6458 Filed 3-22-04; 8:45 am]

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