Unknown. Notice of availability and request for comment on preliminary regulatory impact analysis; extension of comment period for interim rules
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/register/2004/04/07/04-7925A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2004-04-07.xml --- 69 67 Wednesday, April 7, 2004 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service Army Army Department PROPOSED RULES Publication of rules affecting public; requirements and policies, 18314-18319 04-7613 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 18386 04-7885 Citizenship Citizenship and Immigration Services Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 18401-18402 04-7892 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Army Department Drug Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-7814 18405-18406 04-7852 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-7827 18359-18361 04-7859 04-7860 04-7861 Grants and cooperative agreements; availability, etc.:
Elementary and secondary education— Foreign Language Assistance Program, 18361-18362 04-7893 Indian Education Formula Grants to local education agencies, 18362 04-7895 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Fosthiazate, 18263-18275 04-7864 Hygromycin B phosphotransferase, 18275-18278 04-7866 Mesosulfuron-methyl, 18255-18263 04-7781 PROPOSED RULES Air pollutants, hazardous; national emission standards:
Stationary combustion turbines, 18327-18343 04-7775 04-7776 Air quality implementation plans; approval and promulgation; various States: New Jersey, 18323-18327 04-7863 New York, 18319-18323 04-7862 NOTICES Meetings: Association of American Pesticide Control Officials, State FIFRA Issues Research and Evaluation Group, 18368 04-7477 Pesticide, food, and feed additive petitions: AgraQuest, Inc., 18370-18375 04-7476 KIM-C1, LLC, 18375-18380 04-7651 Pesticide registration, cancellation, etc.:
Syngenta Crop Protection Inc. et al., 18368-18370 04-7868 Reports and guidance documents; availability, etc.: Consultant fees under EPA assistance agreements; payment limit, 18380-18382 04-7867 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 18250-18255 04-7449 Airworthiness standards: Special conditions— Gulfstream Model GIV-X Airplane, 18246-18250 04-7877 PROPOSED RULES Airworthiness directives:
Airbus, 18304-18306 04-7890 Bombardier, 18306-18308 04-7889 Class E airspace, 18308-18310 04-7879 04-7880 NOTICES Exemption petitions; summary and disposition, 18415-18416 04-7878 Passenger facility charges; applications, etc.: Bob Hope Airport, CA, 18416-18417 04-7882 Grand Canyon West Airport, AZ, 18417 04-7881 FCC Federal Communications Commission RULES Common carrier services: Satellite communications— Mobile satellite service providers; 2GHz, 1.6/2.4 GHz, and L-band, 18278-18279 04-7869 Federal Election Federal Election Commission PROPOSED RULES Contribution and expenditure limitations and prohibitions:
Foreign national donations acceptance, 18301-18304 04-7855 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 18364-18365 E4-771 Hydroelectric applications, E4-775 18365-18367 E4-776 E4-777 Meetings: Northeast Energy Infrastructure; technical conference, 18367 E4-779 Questar Pipeline Co.; site visit, 18367 E4-778 *Applications, hearings, determinations, etc.:* Peoples Gas Light and Coke Co., 18363 E4-773 R.E. Ginna Nuclear Power Plant, LLC, 18363 E4-772 Wyoming Interstate Co., Ltd., 18363-18364 E4-774 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 18382-18383 04-7905 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 18383-18385 E4-769 E4-770 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Thrift Savings Plan:
Funds withdrawal; court orders and legal processes, and loan program, 18294-18296 04-7610 Fish Fish and Wildlife Service RULES Endangered and threatened species: Florida manatee; protection areas— Additions, 18279-18291 04-7828 Food Food and Drug Administration RULES Biological products: Bar code label requirements Correction, 18255 04-7815 Food Food Safety and Inspection Service RULES Meat and poultry inspection: Bovine spongiform encephalopathy policies— Preliminary regulatory impact analysis for interim regulations; availability and comment request, 18245-18246 04-7925 Forest Forest Service NOTICES Appealable decisions; legal notice:
Eastern Region, 18344-18346 04-7850 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Citizenship and Immigration Services Bureau PROPOSED RULES Organization, functions, and authority delegations: Customs officers; overtime compensation and premium pay, 18296-18301 04-7857 NOTICES Agency information collection activities; proposals, submissions, and approvals, 18400-18401 04-7875 04-7876 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent:
Timbisha Shoshone Tribe; casino development project, San Bernadino County, CA, 18402-18403 04-7935 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Section 108 application to consolidated group members; indebtedness income discharge; cross reference Correction, 18314 04-7797 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-7896 18422-18424 04-7897 04-7898 Inflation adjustment factor and reference prices:
Nonconventional source fuel credit, 18424 04-7899 Meetings: Taxpayer Advocacy Panels, 18424 04-7900 International International Trade Administration NOTICES Antidumping: Corrosion-resistant carbon steel flat products from— Japan, 18346-18349 04-7873 Hot-rolled carbon steel flat products from— Thailand, 18349-18350 04-7874 Welded carbon steel pipe and tube from— Turkey [ **Editorial Note** : This document, published at 69 FR 18049 in the **Federal Register** of April 6, 2004, was incorrectly identified in that issue's Table of Contents.] International International Trade Commission NOTICES Import investigations:
Silicon metal from— Brazil and South Africa, 18404-18405 04-7844 Justice Justice Department See Drug Enforcement Administration See Justice Programs Office See Prisons Bureau NOTICES Pollution control; consent judgments: Frank Acierno and Christiana Excavating Co., Inc., 18405 04-7901 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 18406-18407 04-7853 Labor Labor Department See Labor Statistics Bureau MISSING FOR:
Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 18408-18409 04-7851 Land Land Management Bureau NOTICES Survey plat filings: Minnesota, 18403 04-7886 04-7887 Montana, 18403-18404 04-7888 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle defect proceedings; petitions, etc.: Nonconforming vehicles— Importation eligibility; determinations, 18417-18420 04-7883 04-7884 NIH National Institutes of Health NOTICES Meetings:
National Cancer Institute, 18386 04-7832 National Eye Institute, 04-7838 18386-18387 04-7839 National Institute of Allergy and Infectious Diseases, 04-7840 04-7841 18389-18390 04-7842 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 18389 04-7837 National Institute of Child Health and Human Development, 04-7829 04-7831 18387-18388 04-7833 National Institute of Diabetes and Digestive and Kidney Diseases, 18388 04-7835 04-7836 Scientific Review Center, 18390 04-7834 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Northeastern United States fisheries— Monkfish, 18291-18293 04-7891 West Coast States and Western Pacific fisheries— Highly migratory species, 18443-18462 04-7247 NOTICES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska groundfish, 18350-18352 04-7903 Marine mammals: Incidental take permits— University of California-Santa Cruz et al., 18352-18353 04-7904 Taking and importation— Vandenberg Air Force Base, CA; harbor activities; pinnipeds, 18353-18357 04-7817 Permits:
Marine mammals, 18357-18358 04-7818 Reports and guidance documents; availability, etc.: Climate Change Science Program; synthesis and assessment products, 18358-18359 04-7902 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; notice of intent: Dominion Nuclear Connecticut, Inc., 18409-18410 E4-766 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Cancer Control Month (Proc. 7765), 18463-18466 04-8040 Education and Sharing Day, U.S.A.
(Proc. 7767), 18469 04-8042 National Child Abuse Prevention Month (Proc. 7766), 18467 04-8041 Prisons Prisons Bureau NOTICES Environmental statements; notice of intent: Berlin, NH; correctional facility, 18407-18408 04-7914 Public Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 18424-18425 04-7846 04-7847 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 18411 04-7823 Self-regulatory organizations; proposed rule changes:
International Securities Exchange, Inc., 18411-18413 04-7824 Philadelphia Stock Exchange, Inc., 18413-18414 04-7856 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 18414 E4-768 Meetings: District and regional advisory councils— New York, 18414 E4-767 Social Social Security Administration PROPOSED RULES Social security benefits: Federal old-age, survivors, and disability insurance— Commonwealth of Northern Mariana Islands residents; ministers, clergy members, Christian Science practitioners; coverage, 18310-18314 04-7733 State State Department NOTICES Art objects; importation for exhibition:
Inverted Utopias: Avant Garde Art in Latin America, 18414 04-7872 Ruhlmann: Genius of Art Deco, 18414-18415 04-7871 Nonproliferation measures imposition: Baranov Engine Building Association Overhaul Facility (Russia) and any successor, sub-unit, or subsidiary et al., 18415 04-7870 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Minority Fellowship Program, 18390-18400 04-7816 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:
Chestnut Ridge Railway Co., 18420 04-7072 Northern Central Railroad, 18420 04-7326 Union Pacific Railroad Co., 18420-18421 04-7071 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-7848 18421-18422 04-7849 Veterans Veterans Affairs Department NOTICES Cost-of-living adjustments and headstone or marker allowance rate, 18425-18428 04-7822 Inventions, Government-owned; availability for licensing, 18428 04-7820 Privacy Act:
Systems of records, 18428-18441 04-7819 04-7821 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 18443-18462 04-7247 Part III Executive Office of the President, Presidential Documents, 18463-18467, 18469 04-8040 04-8041 04-8042 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 67 Wednesday, April 7, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. 03-025N] 9 CFR Parts 301, 309, 310, 311, 313, 318, 319 and 320 Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle;
Meat Produced by Advanced Meat/Bone Separation Machinery and Meat Recovery
(AMR)Systems; Prohibition of the Use of Certain Stunning Devices Used To Immobilize Cattle During Slaughter; Bovine Spongiform Encephalopathy
(BSE)Surveillance Program AGENCY: Food Safety and Inspection Service, USDA. ACTION: Notice of availability and request for comment on preliminary regulatory impact analysis; extension of comment period for interim rules. SUMMARY: The Food Safety and Inspection Services
(FSIS)is announcing the availability of, and requesting public comment on, its preliminary regulatory impact analysis
(PRIA)of three interim rules and a notice issued by the Agency in the **Federal Register** on January 12, 2004, in response to the detection of a case of BSE in the United States. The Agency is also extending the comment period for the three interim final rules issued on that date so that the closing date of that comment period coincides with the closing date of the comment period for the PRIA. DATES: Comments on the interim final rules issued on January 12, 2004, and the PRIA are due May 7, 2004. ADDRESSES: FSIS invites interested persons to submit comments on this proposed rule. Comments may be submitted by any of the following methods: • Mail, including floppy disks or CD-ROM's, and hand- or courier-delivered items: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 300 12th Street, SW., Room 102 Cotton Annex, Washington, DC 20250. • Federal eRulemaking Portal: Go to *http://www.regulations.gov* . Follow the online instructions at that site for submitting comments. All submissions received must include the Agency name and docket number 01-003P or Regulatory Information Number
(RIN)0583-AC87. All comments submitted in response to this proposal, as well as research and background information used by FSIS in developing this document, will be available for public inspection in the FSIS Docket Room at the address listed above between 8:30 a.m. and 4:30 p.m., Monday through Friday. The comments also will be posted on the Agency's Web site at *http://www.fsis.usda.gov/OPPDE/rdad/FRDockets.htm* . FOR FURTHER INFORMATION CONTACT: Dr. Quita Bowman, Director, Directives and Economic Analysis Staff, Office of Policy and Program Development, Food Safety and Inspection Service, U.S. Department of Agriculture
(202)690-0486. SUPPLEMENTARY INFORMATION: On January 12, 2004, FSIS published three interim final rules (69 FR 1862, 1874, and 1885) and a notice (69 FR 1892) in the **Federal Register** in response to the diagnosis on December 23, 2003, by the U.S. Department of Agriculture of a positive case of BSE in an adult Holstein cow in the state of Washington ( *see* “Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle” (69 FR 1862); “Meat Produced by Advanced Meat/Bone Separation Machinery and Meat Recovery
(AMR)Systems” (69 FR 1874); “Prohibition of the Use of Certain Stunning Devices Used To Immobilize Cattle During Slaughter” (69 FR 1885); and “Bovine Spongiform Encephalopathy Surveillance Program” (69 FR 1892)). The Final rules promulgated by these documents are intended to prevent human exposure to materials that scientific studies have demonstrated contain the BSE agent in cattle infected with BSE. Scientific and epidemiological studies have linked the fatal human disease, variant Creutzfeldt Jakob Disease
(vCJD)to exposure to BSE, probably through human consumption of beef products contaminated with the agent that causes this disease. Most of the tissues in which BSE infectivity has been confirmed have demonstrated infectivity before cattle infected under experimental conditions developed clinical signs of disease. Thus, when the cow in Washington State tested as positive for BSE on December 23, 2003, FSIS determined that immediate action was necessary to ensure that materials that could present a significant risk to human health, but whose infectivity status cannot be readily ascertained, were excluded from the human food supply. Therefore, the interim final rules described above were issued on an emergency basis and became effective immediately upon publication. In the preamble to those rule, FSIS explained that it had determined that prior notice and opportunity for public comment were contrary to the public interest, and that there was good cause under 5 U.S.C. 553 for making the rules effective less than 30 days after publication in the **Federal Register** (69 FR 1871, 1883, 1889). Executive Order 12866 and Regulatory Flexibility Act The interim final rules issued on January 12, 2004, were reviewed under Executive Order 12866 and two of them, “Prohibition of the Use of Specified Risk Materials for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle” (69 FR 1862) and “Meat Produced by Advanced Meat/Bone Separation Machinery and Meat Recovery
(AMR)Systems” (69 FR 1874), were determined to be economically significant for purposes of that executive order. However, as stated in the preamble to the rules, the emergency situation giving rise to the rulemakings made timely compliance with Executive Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) impracticable. Therefore, these interim final rules did not include analyses of costs or benefits of the rule or the effects of the rule on small businesses. However, in the preamble to those rules, FSIS stated that when the Agency completed assessment of the potential economic effects of the rules, the Agency would publish a notice of availability in the **Federal Register** and would provide an opportunity for public comment (69 FR 1871, 1883). Consistent with these statements, FSIS is now announcing the availability of the PRIA of these interim final rules (which also includes an analysis of the effects of the other interim final rule and the notice published in the **Federal Register** on January 12, 2004) and is providing the public 30 days on which to comment on the analysis. In addition to announcing the availability of the PRIA, FSIS is also extending the comment period for all of the interim final rules issued on January 12, 2004, so that the comment period for these rules and the PRIA will close on the same day. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to better ensure that the public, and in particular minorities, women, and persons with disabilities, are aware of this notice, FSIS will announce it on-line through the FSIS Web page located at *http://www.fsis.usda.gov* . The Regulations.gov Web site is the central online rulemaking portal of the United States government. It is being offered as a public service to increase participation in the Federal government's regulatory activities. FSIS participates in Regulations.gov and will accept comments on documents published on the site. The site allows visitors to search by keyword or Department or Agency for rulemakings that allow for public comment. Each entry provides a quick link to a comment form so that visitors can type in their comments and submit them to FSIS. The Web site is located at *http://www.regulations.gov* . FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meetings, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update also is available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader, more diverse audience. Done in Washington, DC, on: April 2, 2004. Philip S. Derfler, Acting Administrator. [FR Doc. 04-7925 Filed 4-5-04; 11:15 am]
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Notice of availability and request for comment on preliminary regulatory impact analysis; extension of comment period for interim rules
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