Unknown. Interim rule

3,461 words·~16 min read·/register/2004/06/10/04-13314·

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-06-10.xml --- 69 112 Thursday, June 10, 2004 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research and Quality Technical Review Committee, 32558-32559 04-13102 04-13103 Reports and guidance documents; availability, etc.: Patients’ ambulatory care experiences; measures request, 32559-32560 04-13104 AID Agency for International Development NOTICES Agency information collection activities; proposals, submissions, and approvals, 32477 04-13165 Agriculture Agriculture Department See Farm Service Agency See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Grants and cooperative agreements; availability, etc.:

National Sheep Industry Improvement Center; sheep and goat industry initiative, 32477-32480 04-13107 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 32610 04-13109 Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards: Human immunodeficiency virus (HIV)— Tanzania; national HIV laboratory quality assurance center development, 32560-32561 04-13137 Grants and cooperative agreements; availability, etc.:

American Indian and Alaskan Native sexually transmitted diseases prevention, 32561-32565 04-13138 Human immunodeficiency virus (HIV)— Cote d’Ivoire; rapid expansion of HIV/AIDS prevention, care, and treatment activities, 32566 04-13135 India; comprehensive community and home-based care and support, 32570-32573 04-13139 Tanzania; scale-up of home-based care activities, 32566-32570 04-13136 Uganda; basic care in clinics and hospitals; expansion of routine HIV counseling and testing, 32574-32578 04-13141 Uganda;

Health Center IV; laboratory service strengthening, 32578-32582 04-13142 Pediatric Environmental Health Specialty Unit Program, 32582-32586 04-13140 Meetings: Breast and Cervical Cancer Early Detection and Control Advisory Committee, 32586-32587 04-13133 National Institute for Occupational Safety and Health— Chronic lymphocytic leukemia radiogenicity; research gaps, 32587 04-13134 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act: Systems of records, 32587-32592 04-13240 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-13077 32592-32593 04-13078 Coast Guard Coast Guard RULES Anchorage regulations:

Wisconsin, 32444-32445 04-13075 Drawbridge operations: Connecticut, 32445-32448 04-13076 Merchant marine officers and seamen: Passenger ships on international voyages; personnel training and qualifications, 32465-32466 04-13174 Ports and waterways safety: Lake Michigan— Sheboygan, WI; security zone, 32448-32449 04-13074 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 32487-32488 04-13101 Comptroller Comptroller of the Currency RULES Lending limits:

Residential real estate and small business loans; pilot program, 32435-32436 04-13314 Customs Customs and Border Protection Bureau NOTICES Customhouse broker license cancellation, suspension, etc.: D.J. Powers Co., Inc., et al.; correction, 32604 04-13127 Pro-Log Services, Inc., et al., 32604-32605 04-13126 Secure Customs Brokers, Inc., 32605 04-13125 Defense Defense Department RULES Personnel, military and civilian: DoD dependents; early intervention and special education services, 32661-32681 04-12497 NOTICES Arms sales notification; transmittal letter, etc., 32511-32515 04-13119 Senior Executive Service:

Defense Contract Audit Agency Performance Review Boards; membership, 32515-32516 04-13117 Disability Disability Employment Policy Office NOTICES Grants and cooperative agreements; availability, etc.: Chronic Homelessness Employment Technical Assistance Initiative, 32611-32630 04-13116 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-13080 32516-32517 04-13192 Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Rehabilitation Research and Training Centers Program, 32795-32802, 32823-32829 04-13190 04-13191 04-13238 04-13239 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Iowa, 32454-32457 04-13177 Texas, 32450-32454 04-13175 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Fenpyroximate, 32457-32465 04-13146 PROPOSED RULES Air pollution control; new motor vehicles and engines: Heavy duty diesel engines and vehicles; in-use emissions testing, 32803-32822 04-13179 Air programs: Ambient air quality standards, national— Fine particulate matter and ozone; interstate transport control measures, 32683-32772 04-11923 Air quality implementation plans; approval and promulgation; various States: Iowa, 32476 04-13178 Texas, 32475-32476 04-13176 NOTICES Agency information collection activities; proposals, submissions, and approvals, 32545-32546 04-13163 Environmental statements; availability, etc.:

Agency statements— Comment availability, 32546-32547 04-13151 Weekly receipts, 32547 04-13152 Meetings: National Pollution Prevention and Toxics Advisory Committee, 32547-32548 04-13280 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 32487 04-13164 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act), Natural Gas Policy Act, and oil pipeline companies (Interstate Commerce Act):

Quarterly financial reporting requirements and annual reports revisions, 32440-32444 04-12919 Practice and procedure: Notice format and technical corrections, 32436-32440 04-13017 NOTICES Electric rate and corporate regulation filings, 32532-32533 E4-1291 Environmental statements; notice of intent: Transcontinental Gas Pipe Line Corp., 32534-32535 E4-1317 Hydroelectric applications, 32535-32540 E4-1307 E4-1311 E4-1313 E4-1314 E4-1315 E4-1316 Meetings: Market-based rates for public utilities; technical conference, 32541-32542 E4-1293 Merchant generation assets; disposition and acquisition by public utilities, conference, 32542 E4-1319 Public Service Co. of New Hampshire; site visit, 32542-32543 E4-1304 Public utilities solicitation processes, 32543-32544 E4-1318 Puget Sound Energy;

Baker River project relicensing legal working group, 32544 E4-1312 Off-the-record communications, 32544 E4-1320 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 32517 E4-1326 CenterPoint Energy-Mississippi River Transmission Corp., 32517 E4-1321 Colorado Interstate Gas Co., E4-1294 32518 E4-1297 Columbia Gas Transmission Corp., 32518 E4-1332 Devon Power, LLC, et al., 32519 E4-1338 Discovery Gas Transmission LLC, 32519 E4-1329 Dominion Transmission, Inc., 32519 E4-1325 Eastern Shore Natural Gas Co., 32519-32520 E4-1302 Enbridge Energy, LP, 32520 E4-1306 Gas Transmission Northwest Corp., 32520 E4-1305 Great Lakes Gas Transmission LP, 32520-32521 E4-1300 E4-1301 GulfTerra Alabama Intrastate, L.L.C., 32521 E4-1324 Iroquois Gas Transmission System, L.P., 32521-32522 E4-1323 Kinder Morgan Interstate Gas Transmission LLC, 32522 E4-1334 MarkWest New Mexico, L.P., 32522 E4-1327 Panhandle Eastern Pipe Line Co., LLC, et al., 32522-32523 E4-1292 Questar Southern Trails Pipeline Co., 32523 E4-1299 San Diego Gas & Electric Co. et al., 32523 E4-1337 Southern Star Central Gas Pipeline, Inc., 32523-32524 E4-1330 Tennessee Gas Pipeline Co., E4-1298 E4-1303 32524-32525 E4-1322 E4-1331 Texas Eastern Transmission, LP, 32525 E4-1336 TransColorado Gas Transmission Co., 32525-32526 E4-1335 Williston Basin Interstate Pipeline Co., 32526-32531 E4-1328 04-12920 Wyoming Interstate Co., Ltd., E4-1296 32531 E4-1333 Young Gas Storage Co., Ltd., 32531-32532 E4-1295 Federal Highway Federal Highway Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 32655-32656 04-13150 Environmental statements; notice of intent:

Suffolk County, NY, 32656-32657 04-13166 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 32549 04-13148 Permissible nonbanking activities, 32549 04-13149 FTC Federal Trade Commission NOTICES Meetings: Consumer reports; accuracy and completeness study; roundtable, 32549-32550 04-13081 Prohibited trade practices: Itron, Inc., et al., 32550-32552 04-13082 KFC Corp., 32552-32555 04-13083 Food Food and Drug Administration PROPOSED RULES Human drugs:

Foreign clinical studies not conducted under investigational new drug application, 32467-32475 04-13063 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Shasta County, 32480 04-13131 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

Family planning— Family Planning Research Program, 32555-32558 04-13112 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department RULES Community development block grants: Small cities and insular areas programs, 32773-32782 04-12954 NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal property, 32605 04-12955 Industry Industry and Security Bureau NOTICES Meetings:

Materials Technical Advisory Committee, 32488 04-13124 Interior Interior Department See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-13186 32658-32659 04-13187 04-13188 Meetings: Taxpayer Advocacy Panels, 32660 04-13189 Taxpayer Advocacy Panels; cancelled, 32660 04-13328 International International Trade Administration NOTICES Antidumping: Chlorinated isocyanurates from— China and Spain, 32488-32491 04-13066 Circular welded non-alloy steel pipe from— Korea, 32492-32494 04-13065 Honey from— China, 32494-32495 04-13067 Large diameter carbon and alloy seamless standard, line, and pressure pipe from— Mexico, 32495-32497 04-13070 Polyester staple fiber from— Korea, 32497-32501 04-13068 Stainless steel plate in coils from— Belgium, 32501-32508 04-13069 Steel concrete reinforcing bars from— Latvia, 32508-32510 04-13071 International International Trade Commission NOTICES Import investigations:

Light-emitting diodes and products containing same, 32609-32610 04-13180 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 32610-32611 04-13110 Labor Labor Department See Disability Employment Policy Office Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Lander County, NV;

Cortez Gold Mines Pit Expansion Project, 32605-32606 04-13267 Meetings: Pinedale Anticline Working Group Adaptive Management Advisory Committee, 32606 04-13143 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 32606-32609 04-13162 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 32593-32594 04-13153 Inventions, Government-owned; availability for licensing, 32594-32595 04-13100 Meetings:

National Cancer Institute, 04-13157 32595-32596 04-13158 National Center for Research Resources, 32596 04-13093 National Heart, Lung, and Blood Institute, 32596-32597 04-13155 National Institute of Allergy and Infectious Diseases, 32597, 32599 04-13091 04-13092 04-13159 04-13160 National Institute of Child Health and Human Development, 32597-32598 04-13094 04-13096 04-13097 National Institute of General Medical Sciences, 32598 04-13095 National Institute of Mental Health, 32598-32599 04-13099 National Library of Medicine, 04-13154 32599-32600 04-13156 Scientific Review Center, 04-13098 32600-32604 04-13161 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 32630-32631 04-13115 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Millipore Corp., 32631 04-13114 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 32510-32511 04-13132 Presidential Presidential Documents ADMINISTRATIVE ORDERS Group of Eight

(G8)Summit; command and control of National Guard to the Secretary of Defense (Memorandum of June 3, 2004), 32831-32833 04-13344 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 32487 04-13164 Grants and cooperative agreements; availability, etc.: 1890 Land Grant Institutions Rural Entrepreneurial Program Outreach Initiative, 32480-32486 04-13105 Rural Rural Housing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 32487 04-13164 RUS Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 32487 04-13164 SEC Securities and Exchange Commission PROPOSED RULES Securities: Ownership by securities intermediaries; issuer restrictions or prohibitions, 32783-32793 04-13084 NOTICES Meetings; Sunshine Act, 04-13272 32633-32634 04-13353 Public Utility Holding Company Act of 1935 filings, 32634-32635 04-13167 Securities: Suspension of trading— Alcohol Sensors International, Ltd., et al., 32636-32637 04-13274 CathayOne, Inc., et al., 32635-32636 04-13273 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 32637-32640 04-13089 04-13090 Boston Stock Exchange, Inc., 32640-32642 04-13171 Chicago Board Options Exchange, Inc., 32642-32645 04-13085 04-13088 Chicago Stock Exchange, Inc., 32645-32647 04-13086 Pacific Exchange, Inc., 32647-32651 04-13172 Philadelphia Stock Exchange, Inc., 32652-32653 04-13087 *Applications, hearings, determinations, etc.:* Industrial Distribution Group, Inc., 32631-32632 04-13168 Kyzen Corp., 32632 04-13169 Perini Corp., 32632-32633 04-13170 SBA Small Business Administration NOTICES Disaster loan areas: Indiana, 32653-32654 04-13183 Iowa, 32654 04-13184 Missouri, 32654 04-13182 Nebraska, 32654 04-13185 Ohio, 32654-32655 04-13181 State State Department NOTICES International Joint Commission: Boundary Waters Treaty of 1909— Alburg-Swanton Bridge, VT; partial removal of existing causeway; review request, 32655 04-13194 Surface Surface Transportation Board NOTICES Railroad services abandonment: Delta Southern Railroad, Inc., 32657-32658 04-13130 Transportation Transportation Department See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Veterans Veterans Affairs Department RULES Disabilities rating schedule: Spine; correction, 32449-32450 04-12723 Separate Parts In This Issue Part II Defense Department, 32661-32681 04-12497 Part III Environmental Protection Agency, 32683-32772 04-11923 Part IV Housing and Urban Development Department, 32773-32782 04-12954 Part V Securities and Exchange Commission, 32783-32793 04-13084 Part VI Education Department, 32795-32802 04-13190 04-13191 Part VII Environmental Protection Agency, 32803-32822 04-13179 Part VIII Education Department, 32823-32829 04-13238 04-13239 Part IX Executive Office of the President, Presidential Documents, 32831-32833 04-13344 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. 69 112 Thursday, June 10, 2004 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 32 [Docket No. 04-15] RIN 1557-AC83 Lending Limits Pilot Program AGENCY: Office of the Comptroller of the Currency, Treasury. ACTION: Interim rule. SUMMARY: The Office of the Comptroller of the Currency

(OCC)is publishing this interim rule extending for three months, until September 11, 2004, an OCC lending limits pilot program (pilot program) that authorizes special lending limits for 1-4 family residential real estate loans and small business loans. Under the pilot program, which originated in 2001, eligible national banks with main offices located in states that prescribe a higher lending limit for residential real estate loans or small business loans than the current Federal limit may apply to take part in the program and use the higher limits. This interim rule allows the program to continue uninterrupted while the OCC reviews comments received on a proposal to extend the program for three years, until June 11, 2007. EFFECTIVE DATE: June 10, 2004. FOR FURTHER INFORMATION CONTACT: Tom O'Dea, National Bank Examiner, Credit Risk,

(202)874-5170); Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division,

(202)874-5090, Mitchell Plave, Counsel, Legislative and Regulatory Activities Division,

(202)874-5090, or Jonathan Fink, Senior Attorney, Bank Activities and Structure,

(202)874-5300. SUPPLEMENTARY INFORMATION: Background Federal law permits a national bank to make loans to one borrower in an amount up to 15 percent of its unimpaired capital and surplus. 1 A national bank may extend credit up to an additional 10 percent of unimpaired capital and surplus to the same borrower if the amount of the loan that exceeds the 15 percent limit is secured by “readily marketable collateral.” 2 Together, the 15 percent and 10 percent provisions comprise the “combined general limit.” The statute and regulation also provide exemptions from the combined general limit for various types of loans and extensions of credit. 1 12 U.S.C. 84; 12 CFR 32 (implementing section 84). 2 12 U.S.C 84(a)(2); 12 CFR 32.3(a). Federal law at 12 U.S.C. 84 authorizes the OCC to establish lending limits “for particular classes or categories of loans” that are different from those expressly provided by the statute's terms. 3 In 2001, the OCC established a pilot program, using this authority, with special lending limits for residential real estate loans and small business loans. 4 These special limits are separate from amounts that banks may lend to a single borrower under the existing combined general limit and the special limits authorized by other provisions of part 32. 5 The purpose of the program is to enable community banks to remain competitive in states that provide their state-chartered institutions with a higher lending limit for these types of loans while, at the same time, maintaining the safety and soundness of national banks. 3 12 U.S.C. 84(d)(1). 4 66 FR 31114 (June 11, 2001); 12 CFR 32.7. 5 *See, e.g.* , 12 CFR 32.3(b). Temporary Extension of the Pilot Program On April 23, 2004, the OCC proposed to extend the pilot program for three years beyond its current expiration date of June 11, 2004. 6 The comment period for the proposal closed on May 24, 2004. We received a number of comments that not only addressed the proposed program, but also recommended various modifications to it. In order to allow adequate time to evaluate these comments without causing unnecessary disruption in the operation of the program in its current form, we are issuing this interim rule. The interim rule extends the duration of the lending limits pilot program for three months, until September 11, 2004. The OCC will issue a final rule addressing the continuation of the program before that date. 6 69 FR 21978 (April 23, 2004). Regulatory Flexibility Act Analysis The Regulatory Flexibility Act

(RFA)requires Federal agencies either to certify that a proposed rule would not, if adopted in final form, have a significant impact on a substantial number of small entities or to prepare an initial regulatory flexibility analysis

(IRFA)of the proposal and publish the analysis for comment. *See* 5 U.S.C. 603, 605. On the basis of the information currently available, the OCC certifies that this interim rule will not have a significant impact on a substantial number of small entities within the meaning of those terms as used in the RFA. Executive Order 12866 The OCC has determined that this interim rule is not a significant regulatory action under Executive Order 12866. Unfunded Mandates Reform Act of 1995 Determinations Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532 (Unfunded Mandates Act), requires that an agency prepare a budgetary impact statement before promulgating any rule likely to result in a Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires the agency to identify and consider a reasonable number of regulatory alternatives before promulgating the rule. The OCC has determined that this interim rule will not result in expenditures by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. Accordingly, the OCC has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. Administrative Procedure Act The OCC finds that there is good cause to dispense with prior notice and public comment on this interim rule and with the 30-day delay of effective date generally prescribed by the Administrative Procedure Act (APA). 5 U.S.C 553. Under section 553(b) of the APA, the OCC is not required to provide notice and an opportunity for public comment on a rule if we find, for good cause, that notice and comment are “impracticable, unnecessary or contrary to the public interest.” The OCC finds that notice and public comment on this interim rule are unnecessary because we have already given the public an opportunity to comment on whether to extend the lending limits pilot program, through the rule we proposed on April 23, 2004. All commenters favored extending the program. This extension of the effective date of the pilot program merely provides additional time for the OCC to consider the comments and reach a decision on whether to extend, modify, or terminate the program. Further, the OCC finds that further notice and public comment are not in the public interest because a failure to extend the June 11, 2004 sunset date for the pilot program would cause unnecessary disruption in the operation of the program in its current form. Under section 553(d) of the APA, the OCC must generally provide a 30-day delayed effective date for final rules. The OCC may dispense with the 30-day delayed effective date requirement “for good cause found and published with the rule.” Similarly, section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 (CDRI), requires a banking agency to make a rule effective on the first day of the calendar quarter that begins on or after the date on which the regulations are published in final form, unless the agency finds good cause for an earlier effective date. 12 U.S.C. 4802(b)(1). The OCC finds that there is good cause to dispense with the two effective date requirements because a failure to extend the June 11, 2004 sunset date would cause unnecessary disruption in the operation of the program in its current form. In addition, the purpose of the APA and CDRI delayed effective date provisions is to afford affected persons a reasonable time to comply with rule changes. The interim rule makes no substantive changes to the existing lending limits pilot program. Paperwork Reduction Act The Office of Management and Budget

(OMB)has reviewed and approved the collection of information requirements contained in the pilot program under control number 1557-0221, in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 12 CFR Part 32 National banks, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, part 32 of chapter I of title 12 of the Code of Federal Regulations is amended to read as follows: PART 32—LENDING LIMITS 1. The authority citation for part 32 continues to read as follows: Authority: 12 U.S.C. 1 *et seq.* , 84, and 93a. 2. In § 32.7, paragraph

(e)is revised to read as follows: § 32.7 Pilot program for residential real estate and small business loans.

(e)Duration of pilot program. The pilot program will terminate on September 11, 2004, unless it is terminated sooner by the OCC. Dated: June 8, 2004. John D. Hawke, Jr., Comptroller of the Currency. [FR Doc. 04-13314 Filed 6-9-04; 8:45 am]

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