Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-06-04.xml --- 69 108 Friday, June 4, 2004 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Cranberries grown in— Massachusetts et al., 31537 04-12785 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Foreign Agricultural Service See National Agricultural Statistics Service Animal Animal and Plant Health Inspection Service RULES Animal welfare:

Animal; definition, 31513-31514 04-12693 PROPOSED RULES Animal welfare: Birds, rats, and mice; regulations and standards; comment request, 31537-31541 04-12692 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 Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 31614 04-12676 Fetal Alcohol Syndrome and Fetal Alcohol Effect National Task Force, 31614-31615 04-12675 Immunization Practices Advisory Committee, 31615 04-12677 Commerce Commerce Department See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 04-12710 31587-31588 04-12711 Education Education Department RULES Grants:

Faith-based organizations; eligibility to participate in direct grant, State-administered, and other such programs, 31707-31715 04-12709 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31591-31592 04-12698 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Children with disabilities; research and innovation to improve services and results, 31592-31599 04-12712 04-12713 Employment Employment and Training Administration NOTICES Adjustment assistance:

Alyeska Pipeline Service Co., 31641 04-12632 American Meter Co., 31641 04-12630 Anderson Products, 31641 04-12642 Baronet Lithio, Inc., 31641 04-12639 Becon Felt Co., Inc., 31641-31642 04-12636 Dekko Technology, Inc., 31642 04-12628 Facemate Corp., 31642 04-12646 Harris Fresh LLC., 31642 04-12631 Iomega Corp., 31642 04-12640 J.S. Technos Corp., 31642 04-12629 Panacea Products Inc., 31643 04-12637 Robert Bosch Corp., 31643 04-12633 Select Machinery Sales, 31643 04-12645 Stearns Technical, 31643 04-12635 T&W Tool & Die Corp., 31643 04-12634 TI Group Automotive Systems LLC, 31643 04-12641 Time Square Clothing, 31643-31644 04-12644 Trent Tube, 31644 04-12638 Vantico, 31644 04-12643 NAFTA transitional adjustment assistance:

E-M Solutions, 31644 04-12647 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 31644-31645 04-12627 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 31645-31646 04-12413 Energy Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration EPA Environmental Protection Agency NOTICES Environmental statements; availability, etc.:

Agency statements; comment availability, 31610-31612 04-12617 04-12704 Agency statements; weekly receipts, 31612-31614 04-12618 04-12705 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration PROPOSED RULES Farm credit system: Preferred stock; organization, standards of conduct, loan policies and operations, fiscal affairs and operations funding, and disclosure to shareholders, 31541-31551 04-12514 FAA Federal Aviation Administration RULES Air carrier certification and operations:

Airports serving scheduled air carrier operations in aircraft with 10-30 seats; certification requirements Correction, 31522-31523 04-12615 Air traffic operating and flight rules, etc.: Syrian; flights within territory and airspace— Prohibition against takeoffs from or landings in United States by air carriers owned or controlled by Syria, 31717-31719 04-12716 Airworthiness directives: Agusta S.p.A., 31519-31520 04-12440 Eurocopter France, 31520-31522 04-12441 Fokker, 31518-31519 04-12397 McDonnell Douglas, 31514-31518 04-12398 PROPOSED RULES Airworthiness directives:

Air Tractor, Inc.; correction, 31658 C4-8056 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 31622-31627 04-12696 04-12697 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 31603-31606 E4-1253 E4-1254 E4-1255 Environmental statements; availability, etc.: Transwestern Pipeline Company, 31607 E4-1242 Meetings: BP Crown Landing, LLC and Texas Eastern Transmission, LP, 31607-31608 E4-1244 *Applications, hearings, determinations, etc.:* Dominion Transmission, Inc, 31599 E4-1251 EnerNOC, Inc, 31599-31600 E4-1243 Florida Gas Transmission Co., E4-1245 31600-31601 E4-1248 Gas Transmission Northwest Corp., E4-1249 31601 E4-1250 Northwest Pipeline Corp., 31601-31602 E4-1241 E4-1252 Tennessee Gas Pipeline Co., 31602-31603 E4-1246 Viking Gas Transmission Co., 31603 E4-1247 FMC Federal Maritime Commission NOTICES Meetings;

Sunshine Act, 31614 04-12817 Fish Fish and Wildlife Service RULES Endangered and threatened species: Findings on petitions, etc.— Pierson's milk-vetch, 31523-31531 04-12659 PROPOSED RULES Endangered and threatened species: Critical habitat designations— Fish slough milk-vetch, 31552-31569 04-12658 Munz's onion, 31569-31582 04-12657 Marine mammals: Native exemptions; authentic native articles of handicrafts and clothing; definition, 31582-31585 04-12139 NOTICES Environmental statements; availability, etc.:

Incidental take permits— Carlsbad et al., CA; Multiple Habitat Conservation Program; various species, 31632-31635 04-11875 Food Food and Drug Administration RULES Public Health Security and Bioterrorism Preparedness and Response Act of 2002; implementation: Food for human or animal consumption— Administrative detention, 31659-31705 04-12366 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-12684 31615-31617 04-12685 04-12686 MISSING FOR:

Foreign Agricultural Service Foreign Agricultural Service NOTICES Meetings: Emerging Markets Advisory Committee, 31586 04-12694 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Federal Emergency Management Agency NOTICES Meetings: Customs and Border Protection Bureau Commercial Operations Advisory Committee, 31622 04-12784 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 31627 04-12648 Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 31627-31631 04-12337 Mortgage and loan insurance programs: Credit Watch Termination Initiative; list of mortgagees whose Origination Approval Agreements have been terminated, 31631-31632 04-12649 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 31656-31657 04-12715 International International Trade Commission NOTICES Import investigations:

Plastic grocery and retail bags, 31638 04-12650 Justice Justice Department NOTICES Pollution control; consent judgments: Bello, Raph, et al., 31638-31639 04-12621 GC Quality Lubricants, Inc., et al., 31639 04-12622 Lockwood Corp., 31639-31640 04-12624 Weyerhaeuser Co., 31640 04-12623 Labor Labor Department See Employment and Training Administration See Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 31640-31641 04-12672 Maritime Maritime Administration NOTICES Reports and guidance documents; availability, etc.:

National defense tank vessel construction assistance; request for competitive proposal changes and clarifications; Web site availability, 31655 04-12200 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Gulf of Mexico OCS— Oil and gas lease sales, 31635-31638 04-12285 04-12286 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 31586-31587 04-12695 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals correction, 31617 04-12665 Meetings:

National Institute of Environmental Health Sciences, 31617-31618 04-12664 National Institute of Neurological Disorders and Stroke, 31618 04-12666 National Institute on Deafness and Other Communication Disorders, 31618-31619 04-12668 Scientific Review Center, 31619-31621 04-12667 MTG National Institute on Aging, 31621-31622 04-12669 NOAA National Oceanic and Atmospheric Administration RULES International fisheries regulations: Pacific tuna— Albacore tuna, 31531-31536 04-12517 NOTICES Committees; establishment, renewal, termination, etc.:

Commercial Remote Sensing Advisory Committee, 31588 04-12674 Permits: Exempted fishing, 31588-31590 E4-1256 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: kids.us; Internet domain; developing safe place on Internet for children, 31590-31591 04-12651 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 31646-31647 04-12670 Postal Postal Service NOTICES Meetings;

Sunshine Act, 31647 04-12837 Presidential Presidential Documents ADMINISTRATIVE ORDERS International Criminal Court; waiving prohibition on United States military assistance to parties to the Rome Statute (Presidential Determination No. 2004-31 of May 25, 2004), 31511 04-12801 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 31647 04-12690 Investment Company Act of 1940: Millennium Income Trust et al., 31648-31649 04-12691 Joint Industry Plan:

National Association of Security Dealers, Inc., et al.: correction, 31649 04-12689 Meetings; Sunshine Act, 31649-31650 04-12844 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 31650-31652 04-12688 SBA Small Business Administration NOTICES Meetings: Regional Fairness Boards— Region V; hearing, 04-12652 31652 04-12653 Southwestern Southwestern Power Administration NOTICES Power rates: Integrated System rate schedules, 31608-31610 04-12714 State State Department NOTICES Arms Export Control Act:

Commercial export licenses; congressional notifications, 31652-31655 04-12699 Statistical Statistical Reporting Service See National Agricultural Statistics Service Surface Surface Transportation Board NOTICES Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 31655-31656 04-12246 04-12423 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department RULES Board of Veterans’ Appeals:

Appeals regulations and rules of practice— Grounds of clear and unmistakable error decisions, 31523 04-12625 NOTICES Real property; enhanced-use leases: Minneapolis, MN; Veterans Affairs Medical Center, 31657 04-12626 Separate Parts In This Issue Part II Health and Human Services Department, Food and Drug Administration, 31659-31705 04-12366 Part III Education Department, 31707-31715 04-12709 Part IV Transportation Department, Federal Aviation Administration, 31717-31719 04-12716 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. 69 108 Friday, June 4, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 1 [Docket No. 98-106-3] RIN 0579-AB69 Animal Welfare; Definition of Animal AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule. SUMMARY: We are amending the Animal Welfare Act

(AWA)regulations to reflect an amendment to the Act's definition of the term *animal.* The Farm Security and Rural Investment Act of 2002 amended the definition of *animal* to specifically exclude birds, rats of the genus *Rattus* , and mice of the genus *Mus* , bred for use in research. While the definition of *animal* in the regulations has excluded rats of the genus *Rattus* and mice of the genus *Mus* bred for use in research, that definition has also excluded all birds ( *i.e.* , not just those birds bred for use in research). To make the definition of *animal* in the regulations consistent with the definition of *animal* in the AWA, this final rule amends the regulations by narrowing the scope of the exclusion for birds to only those birds bred for use in research. This final rule is intended only to make the definition of *animal* in the regulations consistent with the definition of *animal* in AWA. In the Proposed Rules section of today's **Federal Register** , we are publishing an advance notice of proposed rulemaking in which we solicit comments from the public to aid in the development of regulations and standards for birds not specifically bred for use in research. In addition, our advance notice of proposed rulemaking also requests public comment on issues related to the humane handling, care, treatment, and transportation of rats and mice covered by the AWA. DATES: This rule is effective June 5, 2004. FOR FURTHER INFORMATION CONTACT: Dr. Jerry DePoyster, Senior Veterinary Medical Officer, Animal Care, APHIS, 4700 River Road Unit 84, Riverdale, MD 20737-1234;

(301)734-7586. SUPPLEMENTARY INFORMATION: Background Under the Animal Welfare Act

(AWA)(7 U.S.C. 2131 *et seq.* ), the Secretary of Agriculture is authorized to promulgate standards and other requirements governing the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, operators of auction sales, and carriers and intermediate handlers. Within the U.S. Department of Agriculture, responsibility for administering the AWA has been delegated to the Administrator of the Animal and Plant Health Inspection Service (APHIS). Within APHIS, the responsibility for administering the AWA has been delegated to the Deputy Administrator for Animal Care. Regulations established under the AWA are contained in the Code of Federal Regulations

(CFR)in 9 CFR parts 1, 2, and 3. Part 1 contains definitions for terms used in parts 2 and 3; part 2 provides administrative requirements and sets forth institutional responsibilities for regulated parties; and part 3 contains specifications for the humane handling, care, treatment, and transportation of animals covered by the AWA. Currently, part 3 consists of subparts A through E, which contain standards for specific animals, and subpart F, which sets forth general standards for warmblooded animals not otherwise specified in that part. Definition of Animal Under Section 2(g) of the AWA (7 U.S.C. 2132(g)), the term *animal* includes, with certain exceptions, any live or dead dog, cat, monkey (nonhuman primate mammal), guinea pig, hamster, rabbit, or such other warmblooded animal, as the Secretary may determine is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. The Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171, signed into law on May 13, 2002), included provisions that amended the definition of *animal* in the AWA by specifically excluding birds, rats of the genus *Rattus* , and mice of the genus *Mus* , bred for use in research. In this document, we are amending the definition of *animal* in the regulations to be consistent with the definition of *animal* in the AWA. Prior to the effective date of this final rule, the definition of *animal* in 9 CFR 1.1 excluded rats of the genus *Rattus* and mice of the genus *Mus* bred for use in research, as well as all birds ( *i.e.* , not just those birds bred for use in research). As a result, this final rule will narrow the scope of the exclusion for birds to only those birds bred for use in research. This final rule is intended only to make the definition of *animal* in the regulations consistent with the definition of *animal* in the AWA. Advance Notice of Proposed Rulemaking We are currently considering several changes to the regulations to help promote the humane handling, care, treatment, and transportation of birds, rats, and mice not specifically excluded from coverage under the AWA. In the Proposed Rules section of today's **Federal Register** (APHIS Docket No. 98-106-4), we are publishing an advance notice of proposed rulemaking in which we solicit public comment to aid in the development of regulations and standards for birds not bred for use in research. In addition, our advance notice of proposed rulemaking also requests responses to help determine if we should continue to regulate rats and mice, except for rats of the genus *Rattus* and mice of the genus *Mus* bred for use in research, under the general standards in subpart F of part 3 or if we should establish specific standards for them. Finally, our advance notice of proposed rulemaking solicits data and information from the public concerning the potential economic effects on entities that may be affected if we were to establish specific standards for those birds, rats, and mice. Neither this final rule nor the advance notice of proposed rulemaking published in the Proposed Rules section of today's **Federal Register** will immediately result in any change in our Animal Care program. We will continue to cover rats and mice, except for rats of the genus *Rattus* and mice of the genus *Mus* bred for use in research, under the regulations and standards in part 2 and subpart F of part 3. When we determine how to regulate birds not bred for use in research and what, if any, specific standards should be established for covered rats and mice, we will publish a proposed rule for public comment in the **Federal Register** . Any changes to our Animal Care program that may result from such a proposal will be addressed in that document. Effective Date We are taking this action to update our regulations to reflect an amendment to the definition of *animal* that has already occurred in the Animal Welfare Act. This final rule is intended only to make the definition of *animal* in the regulations consistent with the definition of *animal* in the AWA. In the Proposed Rules section of today's **Federal Register** , we are publishing an advance notice of proposed rulemaking in which we solicit comments from the public to aid in the development of regulations and standards for birds not specifically bred for use in research. Accordingly, pursuant to the administrative procedure provisions in 5 U.S.C. 553, we find upon good cause that prior notice and other public procedure with respect to this rule are unnecessary. We also find good cause for making this rule effective less than 30 days after publication in the **Federal Register** . Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be significant for the purposes of Executive Order 12866 and, therefore, has been reviewed by the Office of Management and Budget. This final rule amends the regulations to reflect an amendment to the Act's definition of the term *animal* . The Farm Security and Rural Investment Act of 2002 amended the definition of *animal* to specifically exclude birds, rats of the genus *Rattus* , and mice of the genus *Mus* , bred for use in research. While the definition of *animal* in the regulations has excluded rats of the genus *Rattus* and mice of the genus *Mus* bred for use in research, that definition has also excluded all birds ( *i.e.* , not just those birds bred for use in research). Therefore, this final rule will narrow the scope of the exclusion for birds to only those birds bred for use in research. Until a determination is made concerning how to regulate the care and use of birds not specifically bred for use in research, this amendment to the regulations' definition of *animal* will not have any economic effects on any entities, large or small. Therefore, there are no entities that are affected by this rule at this time. Given the absence of economic effects associated with this rule, there are likewise no costs or benefits associated with this rule. As noted earlier, in the Proposed Rules section of today's **Federal Register** , we are publishing an advance notice of proposed rulemaking in which we solicit public comment to aid in the development of regulations and standards for birds not bred for use in research. In addition, our advance notice of proposed rulemaking also requests responses to help determine if we should continue to regulate rats and mice covered by the AWA under the general standards in subpart F of part 3 or if we should establish specific standards for them. When we determine how to regulate the handling, treatment, care, and transportation of birds not specifically bred for use in research and what, if any, specific standards should be established for covered rats and mice, we will publish a proposed rule for public comment in the **Federal Register** . Any economic effects that may result from such a proposal will be addressed in that document. 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. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It 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. The Act does not provide administrative procedures which must be exhausted prior to a judicial challenge to the provisions of this rule. Paperwork Reduction Act This final rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 1 Animal welfare, Pets, Reporting and recordkeeping requirements, Research. Accordingly, we are amending 9 CFR part 1 as follows: PART 1—DEFINITIONS OF TERMS 1. The authority citation for part 1 continues to read as follows: Authority: 7 U.S.C. 2131-2159; 7 CFR 2.22, 2.80, and 371.7. 2. In § 1.1, the definition of *animal* is revised to read as follows: 1.1 Definitions. *Animal* means any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any other warmblooded animal, which is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. This term excludes birds, rats of the genus *Rattus* , and mice of the genus *Mus* , bred for use in research; horses not used for research purposes; and other farm animals, such as, but not limited to, livestock or poultry used or intended for use as food or fiber, or livestock or poultry used or intended for use for improving animal nutrition, breeding, management, or production efficiency, or for improving the quality of food or fiber. With respect to a dog, the term means all dogs, including those used for hunting, security, or breeding purposes. Done in Washington, DC, this 1st day of June 2004. Bill Hawks, Under Secretary for Marketing and Regulatory Programs. [FR Doc. 04-12693 Filed 6-3-04; 8:45 am]

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