Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-08-24.xml --- 69 163 Tuesday, August 24, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Exportation and importation of animals and animal products: Tuberculosis in cattle; import requirements, 51960-51962 04-19313 Antitrust Antitrust Division NOTICES National cooperative research notifications: Advanced Access Content System Founders, 52030 04-19364 DVD Copy Control Association, 52031 04-19363 Multiservice Switching Forum, 52031 04-19362 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Haiti; voluntary counseling and testing and prevention of mother-to-child transmission programs, 52012 04-19309 Reproductive Health Research, 52012-52017 04-19310 Commerce Commerce Department See Economic Analysis Bureau See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Special access and special regime programs: Participation denial— Pressman-Gutman Co., Inc., 52000-52001 04-19289 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 52065 04-19283 Defense Defense Department See Defense Logistics Agency Defense Defense Logistics Agency NOTICES Privacy Act:

Systems of records, 52001-52004 04-19388 04-19389 Economic Economic Analysis Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 51988-51989 04-19302 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 52004 04-19284 Employee Employee Benefits Security Administration RULES Employee Retirement Income Security Act: Electronic registration requirements for Investment Advisers, 52119-52125 04-19089 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52032-52034 04-19314 04-19315 Employment Employment and Training Administration NOTICES Adjustment assistance:

Broyhill Furniture, 52034 04-19318 C & D Die Casting et al., 52034-52036 04-19316 Pinnacle Foods Corp., 52036 04-19319 SEH America, Inc., 52036 04-19320 United States Can Co., 52036 04-19317 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Iowa, 51957-51959 04-19335 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Missouri, 51956 04-19230 Air quality implementation plans; approval and promulgation; various States: Arizona, 51952-51953 04-19231 Missouri, 51953-51956 04-19337 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Iowa, 51987 04-19336 Air quality implementation plans; approval and promulgation; various States: Missouri, 51986-51987 04-19338 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52007-52009 04-19342 04-19343 Meetings:

Public Water System Supervision Program, 52009-52010 04-19341 FAA Federal Aviation Administration RULES Class D airspace, 04-19374 51943-51945 04-19375 04-19376 Class E airspace, 04-19367 51945-51950 04-19368 04-19369 04-19370 04-19371 04-19372 04-19373 IFR altitudes, 51950-51952 04-19365 NOTICES Grants and cooperative agreements; availability, etc.: Airport Improvement Program, 52057-52063 04-19378 Reports and guidance documents; availability, etc.: Airworthiness certification of normal category airships; airworthiness criteria, 52063-52064 04-19366 FCC Federal Communications Commission RULES Frequency allocations and radio treaty matters: 4.9 GHz band transferred from Federal government use, 51959 04-19359 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-19358 52010-52011 04-19360 04-19361 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

Florida, 52024-52025 04-19331 04-19332 New York, 52025 04-19330 Meetings: Emergency Medical Services Federal Interagency Committee, 52026 04-19329 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 52004-52007 E4-1882 E4-1883 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 52011 04-19324 Fish Fish and Wildlife Service PROPOSED RULES Migratory bird hunting:

Seasons, limits, and shooting hours; establishment, etc., 52127-52149 04-19249 NOTICES Endangered and threatened species permit applications, 52027-52028 04-19311 Environmental statements; availability, etc.: San Francisco Estuary Invasive Spartina Project: Spartina Control Program, 52028-52029 04-19312 Food Food and Drug Administration NOTICES Human drugs: New drug applications— DECADRON—LA, 52017-52018 04-19287 Meetings: Medical Devices Advisory Committee, 52018 04-19288 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Bioethics, President's Council, 52011-52012 04-19286 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Meetings: Manufactured Housing Consensus Committee, 52026-52027 04-19380 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Generation-skipping transfer tax purposes; qualified severance of trusts, 51967-51973 04-19352 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52065-52066 04-19353 Meetings:

Taxpayer Advocacy Panels, 04-19354 52066-52067 04-19355 04-19356 04-19357 International International Trade Administration NOTICES Antidumping: Extruded rubber thread from— Malaysia, 51989-51990 E4-1895 International International Trade Commission NOTICES Import investigations: Ink markers and packaging, 52029-52030 04-19304 Senior Executive Service: Performance Review Board; membership, 52030 04-19282 Justice Justice Department See Antitrust Division See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 52031-52032 04-19351 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Survey plat filings:

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Surveillance Towed Array Sensor System Low Frequency Active sonar operations, 51996-51998 04-19346 Meetings: International Commission for Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 51998-51999 04-19349 North Pacific Fishery Management Council, 51999 E4-1884 Pacific Fishery Management Council, 51999-52000 E4-1885 E4-1886 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 52036-52037 04-19308 Environmental justice; regulatory and licensing actions; policy statement, 52040-52048 04-19305 Meetings;

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American Stock Exchange LLC, 52051 E4-1893 Chicago Board Options Exchange, Inc., 52051-52053 E4-1890 E4-1892 Chicago Stock Exchange, Inc., 52053-52054 E4-1894 International Securities Exchange, Inc., 52054 E4-1891 National Association of Securities Dealers, Inc., 52055-52057 E4-1888 *Applications, hearings, determinations, etc.:* Lions Gate Entertainment Corp., 52049-52050 E4-1887 Social Social Security Administration PROPOSED RULES Social security benefits, special veterans benefits, and supplemental security income:

Federal old age, survivors, and disability insurance, and aged, blind, and disabled— Cross-program recovery of benefit overpayments; expanded authority, 51962-51967 04-19321 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Substance Abuse Prevention Center National Advisory Council, 52024 04-19397 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service PROPOSED RULES Currency and foreign transactions; financial reporting and recordkeeping requirements:

Bank Secrecy Act; implementation— First Merchant Bank OSH Ltd., et al.; special measures imposition due to designation as primary money laundering concern, 51979-51986 04-19267 Infobank; special measures imposition due to designation as institution of primary money laundering concern, 51973-51979 04-19266 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52064-52065 04-19325 Veterans Veterans Affairs Department NOTICES Meetings: Structural Safety of Veterans Affairs Department Facilities Advisory Committee, 52067 04-19328 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 52069-52101 04-18833 Part III Labor Department, Occupational Safety and Health Administration, 52103-52117 04-19197 Part IV Labor Department, Employee Benefits Security Administration, 52119-52125 04-19089 Part V Interior Department, Fish and Wildlife Service, 52127-52149 04-19249 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. 69 163 Tuesday, August 24, 2004 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2003-16705; Airspace Docket No. 03-AGL-20] Modification of Class D Airspace Area;

Mount Clemens, MI AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action modifies the Class D airspace area at Mount Clemens, MI. Instrument Flight Rules

(IFR)Category E circling procedures are being used at Selfridge Air National Guard Base, MI. This action increases the current area of the Class D airspace, allowing for a lower Circling Minimum Descent Altitude. DATES: Effective November 25, 2004. FOR FURTHER INFORMATION CONTACT: J. Mark Reeves, Air Traffic Division, Airspace Branch, AGL-520, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018, telephone

(847)294-7568. SUPPLEMENTARY INFORMATION: Background On February 25, 2004, the FAA issued a notice proposing to modify the Class D airspace area for Selfridge Air National Guard Base, MI. The proposal was to increase the existing radius of the Class D airspace area to allow for lower IFR Category E circling minimums. Discussion of Comment Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal. All comments received were reviewed prior to taking any final action on this matter. In response to the notice, we received twenty-four comments. All of the comments received stated objection or provided other comments on the proposal. Those objecting to the proposal expressed concern that the proposed expansion of the Class D Airspace Area would infringe upon the airspace surrounding nearby Ray Community Airport (57D), thereby limiting their ability to operate into and out of this airport under certain conditions. It was also stated that the potential decrease of flights into and out of the airport, could cause adverse economic impact. Other commenters expressed concern that the proposed expansion would decrease the width of a Visual Flight Rules

(VFR)corridor east of Selfridge ANGB., and west of the Canadian border. Several other commenters stated that circling procedures are currently not allowed west of Selfridge ANGB, and expansion of the Class D airspace in that direction, would force aircraft to fly over more densely populated areas. In response to the comments received, discussions were held between the FAA and the military to see if a modification could be made to the proposed expansion. As a result, the military felt that a smaller expansion could serve their needs. Except for a 1.4-mile increase to the existing Class D airspace radius to the east, the rest of the Class D airspace area will remain unchanged. The Rule This amendment to 14 CFR part 71 modifies the Class D airspace area at Mount Clemens, MI, for Selfridge Air National Guard Base. The area will be depicted on appropriate aeronautical charts. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore this, proposed regulation—(1) is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9L, Airspace Designations and Reporting Points, dated September 2, 2003, and effective September 16, 2003, is amended as follows: Paragraph 5000 Class D airspace. AGL MI D Mount Clemens, MI [Revised] Mount Clemens, Selfridge Air National Base, MI (Lat. 42°36′03″ N., long. 82°50′14″ W.) That airspace extending upward from the surface to and including 3,100 feet MSL within a 4.3-mile radius of the Selfridge Air National Guard Base and within 1.5 miles west of the Selfridge TACAN 359° radial extending from the 4.3-mile radius to 5.7 miles north of the airport clockwise to 1.5 miles west of the Selfridge TACAN 191° radial then north to the 4.3-mile radius. This Class D airspace is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Issued in Des Plaines, IL, on August 5, 2004. Nancy B. Kort, Area Director, Central Terminal Operations. [FR Doc. 04-19376 Filed 8-23-04; 8:45 am]

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