Unknown. Affirmation of interim rule as final rule

2,281 words·~10 min read·/register/2004/07/21/04-16542·

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-07-21.xml --- 69 139 Wednesday, July 21, 2004 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Healthcare Research and Quality National Advisory Council, 43593 04-16598 Technical Review Committee, 43593-43594 04-16597 Agricultural Agricultural Marketing Service PROPOSED RULES Milk marketing orders: Upper Midwest, 43538 04-16485 NOTICES Canned pears; grade standards, 43559 04-16486 Soybean promotion, research, and consumer information:

Referendum request results, 43559-43560 04-16487 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant related quarantine; domestic: Mexican fruit fly, 43511 04-16542 PROPOSED RULES Animal welfare: Birds, rats, and mice; regulations and standards, 43538-43539 04-16541 Army Army Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 43567 04-16552 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 43594-43595 04-16544 Grants and cooperative agreements; availability, etc.:

Addis Ababa University, 43595 04-16543 Comprehensive STD Prevention Systems Program, 43595-43607 04-16545 Coast Guard Coast Guard RULES Regattas and marine parades: Kennewick, WA, Columbia Unlimited Hydroplane Races, 43516-43518 04-16645 NOTICES Deepwater ports; license applications: Pearl Crossing LNG Terminal LLC, 43618-43619 04-16590 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

China, 43563-43566 04-16616 Indonesia, 43566 04-16617 Macedonia, 43567 04-16618 Customs Customs and Border Protection Bureau NOTICES Antidumping and countervailing duties: Continued dumping and subsidy offset; distribution to affected domestic producers; correction, 43661 C4-12187 Defense Defense Department See Army Department PROPOSED RULES Federal Acquisition Regulation (FAR): Performance-based service acquisition, 43711-43714 04-16534 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 43567-43568 04-16525 Committees; establishment, renewal, termination, etc.:

Regional advisory committees, 43568-43569 04-16591 Employment Employment and Training Administration RULES Aliens: Labor certification for permanent employment in U.S.; backlog reduction, 43715-43719 04-16536 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 43627 04-16539 Energy Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

General Atomics, Inc., 43569-43570 04-16585 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Pennsylvania, 43522-43525 04-16568 Air quality implementation plans; approval and promulgation; various States: California, 43518-43520 04-16570 District of Columbia, Maryland, and Virginia, 43520-43522 04-16569 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Acequinocyl, etc., 43525-43533 04-16213 PROPOSED RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Casein et al., 43548-43552 04-16214 NOTICES Pesticide registration, cancellation, etc.: Bayer CropScience et al., 43581-43583 04-16215 Ziram, 43583-43586 04-16572 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Credit Administration RULES Farm credit system: Loan policies and operations, etc.— General provisions; credit and related services; eligibility and scope of financing, 43511-43515 04-16553 FAA Federal Aviation Administration PROPOSED RULES Airspace:

Brookville, KS; restricted areas 3601A and 3601B; modification, 43539-43540 04-16521 NOTICES Advisory circulars; availability, etc.: Safety analysis; 14 CFR 33.75 guidance material, 43657 04-16522 Passenger facility charges; applications, etc.: Greater Binghamton Airport, NY, 43657-43658 04-16523 Sheridan County Airport, WY, 43658 04-16524 FCC Federal Communications Commission RULES Radio stations; table of assignments: California, 43533-43534 04-16612 Washington and Oregon, 43534 04-16603 PROPOSED RULES Radio stations; table of assignments:

Arizona, 43553-43554 04-16611 Florida, 43552-43553 04-16609 Mississippi, 43552 04-16608 Oregon, 43553 04-16610 NOTICES Agency information collection activities; proposals, submissions, and approvals, 43586 04-16605 Practice and procedure: Communications Act; access by persons with disabilities— Telecommunications equipment manufacturers and service providers; complaints obligation, 43586-43587 04-16607 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 43574-43578 E4-1611 E4-1612 E4-1613 Environmental statements; notice of intent:

El Paso Pipeline Group, Western Pipelines, 43578-43580 E4-1621 Meetings: Energy Northwest; site visit, 43580 E4-1618 *Applications, hearings, determinations, etc.:* Chandeleur Pipe Line Co., 43570 E4-1616 Dominion Transmission, Inc., 43570 E4-1615 Duke Energy Corp., 43570-43571 E4-1619 Great Lakes Gas Transmission LP, 43571 E4-1623 High Island Offshore System, L.L.C., 43571-43572 E4-1622 Natural Gas Pipeline Co. of America, 43572 E4-1614 Questar Southern Trails Pipeline Co., 43572 E4-1624 South Carolina Electric & Gas Co., 43572-43573 E4-1620 Southern Star Central Gas Pipeline, Inc., 43573 E4-1617 TransColorado Gas Transmission Co., 43573-43574 E4-1625 FMC Federal Maritime Commission NOTICES Agreements filed, 43587 04-16600 Ocean transportation intermediary licenses:

Starlink Consolidation Service (New York), Inc., et al., 43587 04-16601 FTC Federal Trade Commission PROPOSED RULES Fair and Accurate Credit Transactions Act; implementation: Affiliate marketing, 43546 04-16619 NOTICES Agency information collection activities; proposals, submissions, and approvals, 43587-43592 04-16483 Prohibited trade practices: Barash, Jonathan, 43592-43593 04-16482 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Lost River sucker and shortnose sucker; 5-year status review, 43554-43558 04-16549 Gray wolf, 43663-43692 04-16535 Migratory bird hunting:

Early-season regulations (2004-2005); frameworks; meetings, 43693-43710 04-16550 NOTICES Agency information collection activities; proposals, submissions, and approvals, 43619-43621 04-16606 Endangered and threatened species: Holy Ghost Ipomopsis and Kuenzler hedgehog cactus; 5-year review, 43621-43622 04-16489 Forest Forest Service NOTICES Appealable decisions; legal notice: Pacific Northwest Region, 43560-43561 04-16563 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Performance-based service acquisition, 43711-43714 04-16534 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Indian Indian Affairs Bureau PROPOSED RULES No Child Left Behind Act; implementation: No Child Left Behind Negotiated Rulemaking Committee— Bureau-funded school system, 43547-43548 04-16658 Meetings, 43546-43547 04-16657 NOTICES Meetings:

Indian education topics; tribal consultation, 43622-43623 04-16615 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 43660 04-16596 International International Trade Administration NOTICES Antidumping: Magnesium metal from— China and Russian Federation, 43561 04-16613 International International Trade Commission NOTICES Import investigations: Absorbent garments, 43624 04-16528 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 43624-43627 04-16537 04-16538 04-16540 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Arizona, 43623-43624 04-16547 Southeast Oregon, 43623 04-16491 Maritime Maritime Administration NOTICES Deepwater ports; license applications: Pearl Crossing LNG Terminal LLC, 43618-43619 04-16590 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Consolidation Coal Co. et al., 43627-43629 04-16481 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Performance-based service acquisition, 43711-43714 04-16534 NOTICES Environmental statements; notice of intent:

Advanced Radioisotope Power Systems, 43629 04-16592 National National Council on Disability NOTICES Meetings: Cultural Diversity Advisory Committee, 43629-43630 04-16614 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 43630-43631 04-16533 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 43607 04-16517 Meetings:

National Cancer Institute, 43607-43609 04-16499 04-16500 04-16511 National Center for Research Resources, 04-16507 43609-43610 04-16508 National Center on Minority Health and Health Disparities, 43610 04-16509 National Heart, Lung, and Blood Institute, 43610 04-16513 National Institute of Allergy and Infectious Diseases, 04-16497 43611-43612 04-16498 National Institute of Child Health and Human Development, 43610, 43613-43614 04-16492 04-16506 04-16510 National Institute of Dental and Craniofacial Research, 43611 04-16495 National Institute of Environmental Health Sciences, 43610-43614 04-16504 04-16505 04-16516 National Institute of Mental Health, 04-16512 43614 04-16514 National Institute on Aging, 43612 04-16501 Scientific Review Center, 43615-43617 04-16502 04-16515 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific Ocean perch, 43536-43537 04-16580 04-16581 Atlantic highly migratory species— Atlantic bluefin tuna, 43535 04-16578 Northeastern United States fisheries— Northeast multispecies, 43535-43536 04-16586 NOTICES Meetings: New England Fishery Management Council, 43561-43562 E4-1626 Permits: Exempted fishing, 43562-43563 E4-1610 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Nuclear Waste Advisory Committee, 43635 04-16530 *Applications, hearings, determinations, etc.:* Constellation Energy Group, 43631-43633 04-16531 Tennessee Valley Authority, 43633-43635 04-16532 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 43635 04-16674 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Captive Nations Week (Proc. 7802), 43727-43728 04-16757 ADMINISTRATIVE ORDERS Government agencies and employees: State, Department of, delegation of certain reporting authority to the Secretary (Memorandum of July 2, 2004), 43721-43723 04-16755 State, Department of, delegation of responsibility (Memorandum of July 8, 2004), 43725 04-16756 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 43635-43644 04-16554 04-16555 Chicago Board Options Exchange, Inc., 43644-43646 04-16559 Chicago Stock Exchange, Inc., 43646-43648 04-16557 04-16558 Depository Trust Co., 43648-43649 04-16562 International Securities Exchange, Inc., 43649-43650 04-16556 National Securities Clearing Corp., 43650-43653 04-16561 New York Stock Exchange, Inc., 43653-43655 04-16560 SBA Small Business Administration NOTICES Disaster loan areas: Indiana, 43655 04-16599 Social Social Security Administration NOTICES Meetings:

Ticket to Work and Work Incentives Advisory Panel, 43655 04-16480 Southwestern Southwestern Power Administration NOTICES Power rates: Sam Rayburn Dam rate schedule, 43580-43581 04-16584 State State Department RULES Visas; nonimmigrant documentation: Crew list visas; elimination, 43515-43516 04-16468 NOTICES International Traffic in Arms regulations; statutory debarment, 43656 04-16588 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 43617-43618 04-16546 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Andean Trade Preference Act: 2003 annual review, 43656-43657 04-16479 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration PROPOSED RULES Economic regulations:

Domestic passenger manifest information; withdrawn, 43540-43546 04-16520 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 43658-43660 04-16564 04-16565 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 43663-43692 04-16535 Part III Interior Department, Fish and Wildlife Service, 43693-43710 04-16550 Part IV Defense Department; General Services Administration;

National Aeronautics and Space Administration, 43711-43714 04-16534 Part V Labor Department, Employment and Training Administration, 43715-43719 04-16536 Part VI Executive Office of the President, Presidential Documents, 43721-43728 04-16755 04-16756 04-16757 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. 69 139 Wednesday, July 21, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-121-4] Mexican Fruit Fly;

Removal of Regulated Area AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the Mexican fruit fly regulations by removing a portion of Los Angeles County, CA, from the list of regulated areas and removing restrictions on the interstate movement of regulated articles from that area. That action was necessary to relieve restrictions that were no longer necessary to prevent the spread of the Mexican fruit fly into noninfested areas of the United States.

DATES: The interim rule became effective on August 26, 2003. FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, Operations Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737-1236;

(301)734-6553. SUPPLEMENTARY INFORMATION: Background The Mexican fruit fly regulations, contained in 7 CFR 301.64 through 301.64-10 (referred to below as the regulations), were established to prevent the spread of the Mexican fruit fly to noninfested areas of the United States. The regulations impose restrictions on the interstate movement of regulated articles from the regulated areas. In an interim rule effective on August 26, 2003, and published in the **Federal Register** on August 29, 2003 (68 FR 51876-51877, Docket No. 02-121-3), we amended the regulations in § 301.64-4 by removing a portion of Los Angeles County, CA, from the list of regulated areas based on our determination that the Mexican fruit fly had been eradicated from those areas. Upon the effective date of our August 2003 interim rule, there were no longer any areas in California designated as regulated areas because of the Mexican fruit fly. Comments on the interim rule were required to be received on or before October 28, 2003. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. This action also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 68 FR 51876-51877 on August 29, 2003. Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). Done in Washington, DC, this 15th day of July 2004. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-16542 Filed 7-20-04; 8:45 am]

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