Unknown. Final rule

3,630 words·~17 min read·/register/2004/05/28/04-12138

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-05-28.xml --- 69 104 Friday, May 28, 2004 Contents Agency Agency for Healthcare Research and Quality NOTICES Reports and guidance documents; availability, etc.: National Healthcare Quality Report and National Healthcare Disparities Report; preliminary measure sets; comment request, 30654 04-12107 Agricultural Agricultural Marketing Service RULES Cotton classing, testing and standards: Classification services to growers; 2004 user fees, 30553-30554 04-12138 PROPOSED RULES Nectarines and fresh pears and peaches grown in— California, 30597-30601 04-12137 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Animal welfare:

Potentially dangerous animals; training and handling; policy statement withdrawn, 30601 04-12135 NOTICES Meetings: National Poultry Improvement Plan General Conference Committee; biennial conference, 30608 04-12136 Antitrust Antitrust Division NOTICES National cooperative research notifications: Cyber Security Industry Alliance, Inc., 30721 04-12061 National Center for Manufacturing Sciences, Inc., 30721-30722 04-12060 National Small Arms Technology Consortium, 30722 04-12059 Semiconductor Test Consortium, Inc., 30722-30723 04-12058 Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Comparator for time temperature indicator, 30640 04-12104 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services RULES Medicaid: Audiologists; provider qualifications, 30580-30587 04-12096 NOTICES Committees; establishment, renewal, termination, etc.: Emergency Medical Treatment and Labor Act Technical Advisory Group, 30654-30656 04-11936 Grant and cooperative agreement awards:

American Academy of Family Physicians, 30656 04-12275 Grants and cooperative agreements; availability, etc.: Direct service community workforce; demonstration to improve, 30656-30658 04-12172 Meetings: Medicare— Medicare Coverage Advisory Committee, 30660-30661 04-12049 New clinical laboratory tests payment determinations, 30658-30659 04-11240 Regional Medicare preferred provider organizations and prescription drug plans; regions definition, 30659-30660 04-12048 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Assets for Independence Demonstration Program, 30661-30672 04-12129 Organization, functions, and authority delegations: Commissioner, Administration on Children, Youth and Families Administration, 30672 04-12090 Coast Guard Coast Guard RULES Drawbridge operations: New Jersey, 30577 04-12131 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 30608-30610 04-12162 04-12163 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

African Growth and Opportunity Act; Andean Trade Promotion and Drug Eradication Act; Caribbean Basin Trade Partnership Act; short supply requests— Combed compact yarns of wool or fine animal hair, 30631-30633 04-12105 North American Free Trade Agreement; short supply requests— Tri-lobal rayon staple fiber, 30633 04-12168 Copyright Copyright Office, Library of Congress RULES Copyright Arbitration Royalty Panel rules and procedures: Cable and satellite royalties; alternative claims filing methods, 30577-30580 04-12142 Defense Defense Department See Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 30633-30635 04-12112 04-12113 04-12114 04-12115 Travel per diem rates, civilian personnel; changes, 30635-30640 04-12116 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 30640 04-12095 Grants and cooperative agreements; availability, etc.:

Safe and Drug-Free Schools Programs— Drug and violence prevention programs, 30751-30754 04-12073 Emergency Response and Crisis Management Program, 30787-30792 04-12170 04-12171 Mentoring Program, 30793-30801 04-12208 04-12209 Safe Schools/Healthy Students Program, 30755-30762 04-12074 04-12075 Special education and rehabilitative services— Disability and Rehabilitation Research Projects and Centers Program, 30803-30807 04-12252 Rehabilitation Engineering Research Centers Program, 30806-30810 04-12253 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 30723-30725 04-11798 Energy Energy Department NOTICES Meetings:

Biomass Research and Development Technical Advisory Committee, 30640 04-12140 Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 30640-30641 04-12141 EPA Environmental Protection Agency NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— California, 30641-30642 04-12274 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Agency information collection activities; proposals, submissions, and approvals, 30642-30651 04-12091 04-12092 Farm Farm Credit System Insurance Corporation NOTICES Meetings;

Sunshine Act, 30652 04-12265 FAA Federal Aviation Administration RULES Class E airspace, 30571-30575 04-12174 04-12175 04-12176 Restricted areas, 30575-30577 04-12063 04-12065 PROPOSED RULES Restricted areas, 30606-30607 04-12064 NOTICES Advisory circulars; availability, etc.: Small airplanes during major alterations; compliance checklists, 30738 04-12066 Agency information collection activities; proposals, submissions, and approvals, 04-12068 04-12177 30739-30740 04-12178 Airport noise compatibility program:

Noise exposure maps— LeHigh Valley International Airport, PA, 30740-30741 04-12179 Passenger facility charges; applications, etc.: Midland, TX, et al., 30741-30743 04-12180 Reports and guidance documents; availability, etc.: Fuel tank systems requirements; process for developing instructions for maintenance and inspection; policy statement, 30743 04-12067 FCC Federal Communications Commission RULES Common carrier services: Wireless telecommunications services— Local telecommunication markets; competitive networks promotion, 30587-30588 04-12164 Universal licensing system; development and use facilitation, 30588 04-12047 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-12165 30652-30653 04-12166 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 30653-30654 04-12106 Federal Railroad Federal Railroad Administration RULES Railroad safety enforcement procedures:

Hazardous materials transportation laws and regulations violation; civil monetary penalties; inflation adjustment, 30590-30591 04-11964 Railroad safety laws and regulations violation; civil monetary penalties; inflation adjustment, 30591-30596 04-11965 NOTICES Exemption petitions, etc.: Union Pacific Railroad Co., 30743-30744 04-12132 Federal Register Federal Register, Administrative Committee See Federal Register Office Federal Register Federal Register Office NOTICES Cultural, commercial, and other unofficial cooperative agreements; availability, etc.:

American Institute in Taiwan and Taipei Economic and Cultural Representative Office in United States; agreements list, 30727-30730 04-12118 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 30714-30716 04-12119 04-12121 Endangered and threatened species permit applications, 30716-30717 04-12122 Marine mammal permit applications, 30717 04-12120 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.:

Premarket notification submissions; user fees and refunds, 30672-30673 04-12103 Forest Forest Service NOTICES Environmental statements; notice of intent: Payette National Forest, ID; cancelled, 30608 04-12052 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health See Public Health Service See Substance Abuse and Mental Health Services Administration RULES Energy Employees Occupational Illness Compensation Program Act; implementation:

Special Exposure Cohort; classes of employees designated as members; procedures, 30763-30786 04-11930 Health Health Resources and Services Administration NOTICES Meetings: Childhood Vaccines Advisory Commission, 30673 04-12082 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 30694-30696 04-12085 04-12182 04-12183 Environmental statements; availability, etc.:

Marysville, CA; Marysville Hotel Demolition Project, 30696-30697 04-12088 Grants and cooperative agreements; availability, etc.: Discretionary programs (SuperNOFA); correction, 30697-30713 04-12087 Homeless assistance; excess and surplus Federal properties, 30714 04-11848 Organization, functions, and authority delegations: General Counsel; order of succession, 30714 04-12086 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Special Diabetes Program for Indians, 30673-30684 04-12083 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

Liao, Jason, et al., 30610-30619 04-12181 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Multi-party financing arrangements Correction, 30607 04-12159 NOTICES Meetings: Taxpayer Advocacy Panels, 30748-30749 04-12160 04-12161 International International Trade Administration NOTICES Export trade certificates of review, 30619-30620 04-12143 Meetings: Manufacturing Council, 30620 04-12204 Justice Justice Department See Antitrust Division Labor Labor Department See Employment Standards Administration See Labor Statistics Bureau See Mine Safety and Health Administration NOTICES Grants and cooperative agreements; availability, etc.:

Child Labor Education Initiative, 30723 04-12101 MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 30725-30726 04-12102 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Desolation Flats Natural Gas Field Development Project, WY; resource management plan, 30717-30718 04-11498 Environmental statements; notice of intent: Federal fluid minerals leasing and development;

Sierra and Otero counties, NM, 30718-30719 04-11500 Realty actions; sales, leases, etc.: Nevada, 30719-30721 04-11725 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30744 04-12109 Coastwise trade laws; administrative waivers: OSPREY II, 30744-30745 04-12108 Mine Mine Safety and Health Administration NOTICES Safety standard petitions:

D & D Anthracite Coal Co., et al., 30726-30727 04-12117 National Archives National Archives and Records Administration See Federal Register Office National Credit National Credit Union Administration PROPOSED RULES Credit unions: Fair and Accurate Credit Transactions Act

(2003)implementation— Consumer information disposal, 30601-30606 04-11902 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Volkswagen of America, Inc., 30745-30746 04-12134 National Institute National Institute of Standards and Technology NOTICES Meetings: Information Security and Privacy Advisory Board, 30621 04-12184 National Fire Codes: Fire safety codes and standards, 30621-30622 04-12185 Technical committee reports, 30622-30624 04-12186 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 30684 04-12127 Meetings: National Cancer Institute, 30684-30685 04-12148 04-12153 04-12154 National Center on Minority Health and Health Disparities, 30685-30686 04-12146 04-12147 National Eye Institute, 30686 04-12150 National Heart, Lung, and Blood Institute, 30686 04-12151 National Institute of Allergy and Infectious Diseases, 30686-30687 04-12076 National Institute of Child Health and Human Development, 30688-30690 04-12145 04-12155 04-12157 04-12158 National Institute of Diabetes and Digestive and Kidney Diseases, 30687-30689 04-12079 04-12149 National Institute of Environmental Health Sciences, 30687 04-12077 04-12078 National Institute of General Medical Sciences, 30688 04-12144 National Institute of Nursing Research, 30689 04-12152 National Institute on Aging, 30688 04-12080 National Institute on Alcohol Abuse and Alcoholism, 30689-30690 04-12156 Scientific Review Center, 30690-30693 04-12081 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: New England Fishery Management Council, E4-1223 30624-30625 E4-1225 Pacific Fishery Management Council, 30625-30626 E4-1224 South Atlantic Fishery Management Council, 30626-30627 E4-1226 Reports and guidance documents; availability, etc.: Atlantic Ocean and Gulf of Mexico Fisheries— Sea turtle conservation strategy; fishing related activities, 30627-30631 04-12169 National Science National Science Foundation NOTICES Meetings: GPRA Performance Assessment Advisory Committee, 30730 04-12123 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 30731 04-12100 *Applications, hearings, determinations, etc.:* Tennessee Valley Authority, 30731 04-12099 Presidential Presidential Documents PROCLAMATIONS Special Observances: Prayer for Peace, Memorial Day (Proc. 7791), 30811-30814 04-12403 Public Public Health Service NOTICES National Toxicology Program: National Institute of Environmental Health Sciences, National Institutes of Health— In vitro test methods for skin corrosion; peformance standards, 30693-30694 04-12126 Research Research and Special Programs Administration RULES Hazardous materials: Transportation— Loading, unloading, and storage; effective date delay, 30588-30589 04-12130 SEC Securities and Exchange Commission PROPOSED RULES Securities: Asset-backed securities; registration, disclosure, and reporting requirements Correction, 30750 C4-10467 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 30731-30734 04-12111 Pacific Exchange, Inc., 30734-30735 04-12093 Philadelphia Stock Exchange, Inc., 30735-30737 04-12110 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Women's Services Advisory Committee, 30694 04-12124 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Norfolk Southern Railway Co., 30746 04-12125 Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 30746-30747 04-11889 04-12024 CSX Transportation, Inc., 30747-30748 04-11890 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office RULES Assessments and fees, 30554-30571 04-12128 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board NOTICES Meetings: NAFTA Land Transportation Standards Subcommittee and Transportation Consultative Group; annual plenary session, 30737-30738 04-12133 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 30748 04-12094 Separate Parts In This Issue Part II Education Department, 30751-30754 04-12073 Part III Education Department, 30755-30762 04-12074 04-12075 Part IV Health and Human Services Department, 30763-30786 04-11930 Part V Education Department, 30787-30792 04-12170 04-12171 Part VI Education Department, 30793-30801 04-12208 04-12209 Part VII Education Department, 30803-30810 04-12252 04-12253 Part VIII Executive Office of the President, Presidential Documents, 30811-30814 04-12403 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. 69 104 Friday, May 28, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 28 [Doc. No. CN-03-007] RIN 0581-AC34 Revision of User Fees for 2004 Crop Cotton Classification Services to Growers AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)will raise user fees for cotton producers for 2004 crop cotton classification services under the Cotton Statistics and Estimates Act. The 2003 user fee for this classification service was $1.45 per bale. This rule will raise the fee for the 2004 crop to $1.65 per bale. This fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision. DATES: Effective Date: July 1, 2004. FOR FURTHER INFORMATION CONTACT: Norma McDill, Deputy Administrator, Cotton Program, AMS, USDA, Room 2641-S, STOP 0224, 1400 Independence Avenue, SW., Washington, DC 20250-0224. Telephone

(202)720-2145, facsimile

(202)690-1718, or e-mail *norma.mcdill@usda.gov.* SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was published in the **Federal Register** on April 26, 2004 (69 FR 22458). A 15-day comment period was provided for interested persons to respond to the proposed rule. No comments were received and no changes have been made in the provisions of the final rule. Executive Order 12866 and Executive Order 12988T This final rule 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). This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. This rule would not preempt any state or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small businesses. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. There are an estimated 35,000 cotton growers in the U.S. who voluntarily use the AMS cotton classing services annually, and the majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). The increase above the 2003 crop level as stated will not significantly affect small businesses as defined in the RFA because:

(1)The fee represents a very small portion of the cost-per-unit currently borne by those entities utilizing the services. (The 2003 user fee for classification services was $1.45 per bale; the fee for the 2004 crop would be increased to $1.65 per bale; the 2004 crop is estimated at 18,300,000 bales).

(2)The fee for services will not affect competition in the marketplace; and

(3)The use of classification services is voluntary. For the 2003 crop, 18,224,000 bales were produced; and, almost all of these bales were voluntarily submitted by growers for the classification service.

(4)Based on the average price paid to growers for cotton from the 2002 crop of 44.5 cents per pound, 500 pound bales of cotton are worth an average of $222 each. The user fee for classification services, $1.65 per bale, is less than one percent of the value of an average bale of cotton. Paperwork Reduction Act In compliance with OMB regulations (5 CFR part 1320), which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), the information collection requirements contained in the provisions to be amended by this rule have been previously approved by OMB and were assigned OMB control number 0581-0009 under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Fees for Classification Under the Cotton Statistics and Estimates Act of 1927 The user fee charged to cotton producers for High Volume Instrument

(HVI)classification services under the Cotton Statistics and Estimates Act (7 U.S.C. 473a) was $1.45 per bale during the 2003 harvest season as determined by using the formula provided in the Uniform Cotton Classing Fees Act of 1987, as amended by Public Law 102-237. The fees cover salaries, costs of equipment and supplies, and other overhead costs, including costs for administration, and supervision. The fee does not cover the costs for development of cotton standards used in the classification of cotton. This final rule establishes the user fee charged to producers for HVI classification at $1.65 per bale during the 2004 harvest season. Public Law 102-237 amended the formula in the Uniform Cotton Classing Fees Act of 1987 for establishing the producer's classification fee so that the producer's fee is based on the prevailing method of classification requested by producers during the previous year. HVI classing was the prevailing method of cotton classification requested by producers in 2003. Therefore, the 2004 producer's user fee for classification service is based on the 2003 base fee for HVI classification. The fee was calculated by applying the formula specified in the Uniform Cotton Classing Fees Act of 1987, as amended by Pub. L. 102-237. The 2003 base fee for HVI classification exclusive of adjustments, as provided by the Act, was $2.28 per bale. An increase of 1.61 percent, or 4 cents per bale, increase due to the implicit price deflator of the gross domestic product added to the $2.28 would result in a 2004 base fee of $2.32 per bale. The formula in the Act provides for the use of the percentage change in the implicit price deflator of the gross national product (as indexed for the most recent 12-month period for which statistics are available). However, gross *national* product has been replaced by gross *domestic* product by the Department of Commerce as a more appropriate measure for the short-term monitoring and analysis of the U.S. economy. The number of bales to be classed by the United States Department of Agriculture from the 2004 crop is estimated at 17,662,245 bales. The 2004 base fee was decreased 15 percent based on the estimated number of bales to be classed (1 percent for every 100,000 bales or portion thereof above the base of 12,500,000, limited to a maximum adjustment of 15 percent). This percentage factor amounts to a 35 cents per bale reduction and was subtracted from the 2004 base fee of $2.32 per bale, resulting in a fee of $1.97 per bale. With a fee of $1.97 per bale, the projected operating reserve would be 32.37 percent. The Act specifies that the Secretary shall not establish a fee which, when combined with other sources of revenue, will result in a projected operating reserve of more than 25 percent. Accordingly, the fee of $1.97 must be reduced by 32 cents per bale, to $1.65 per bale, to provide an ending accumulated operating reserve for the fiscal year of not more than 25 percent of the projected cost of operating the program. This would establish the 2004 season fee at $1.65 per bale. Accordingly, § 28.909, paragraph

(b)is revised to reflect the increase of the HVI classification fee from $1.45 to $1.65 per bale. As provided for in the Uniform Cotton Classing Fees Act of 1987, as amended, a 5 cent per bale discount would continue to be applied to voluntary centralized billing and collecting agents as specified in § 28.909(c). Growers or their designated agents receiving classification data would continue to incur no additional fees if only one method of receiving classification data was requested. The fee for each additional method of receiving classification data in § 28.910 would remain at 5 cents per bale, and it would be applicable even if the same method were requested. The fee in § 28.910(b) for an owner receiving classification data from the central database would remain at 5 cents per bale, and the minimum charge of $5.00 for services provided per, monthly billing period would remain the same. The provisions of § 28.910(c) concerning the fee for new classification memoranda issued from the central database for the business convenience of an owner without reclassification of the cotton will remain the same. The fee for review classification in § 28.911 would be increased from $1.45 to $1.65 per bale. The fee for returning samples after classification in § 28.911 would remain at 40 cents per sample. List of Subjects in 7 CFR Part 28 Administrative practice and procedure, Cotton, Cotton samples, Grades, Market news, Reporting and record keeping requirements, Standards, Staples, Testing, Warehouses. For the reasons set forth in the preamble, 7 CFR part 28 is amended as follows: PART 28—[AMENDED] 1. The authority citation for 7 CFR part 28, subpart D, continues to read as follows: Authority: 7 U.S.C. 471-476. 2. In § 28.909, paragraph

(b)is revised to read as follows: § 28.909 Costs.

(b)The cost of High Volume Instrument

(HVI)cotton classification service to producers is $1.65 per bale. 3. In § 28.911, the last sentence of paragraph

(a)is revise to read as follows: § 28.911 Review classification.

(a)* * * The fee for review classification is $1.65 per bale. Dated: May 25, 2004. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 04-12138 Filed 5-27-04; 8:45 am]

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