Unknown. Final rule; Technical amendments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-11-01.xml --- 69 210 Monday, November 1, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 63343-63346 04-24309 04-24310 Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 63346-63347 E4-2948 Environmental statements; availability, etc.:

Nonregulated status determinations— Mycogen Seeds; genetically engineered corn, 63347-63349 E4-2949 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 63355-63358 04-24294 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 63388-63392 04-24317 04-24318 04-24320 04-24321 Grants and cooperative agreements; availability, etc.: Violence-related and unintentional injury prevention research in minority communities; doctoral candidates dissertation awards, 63392-63398 04-24027 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-24276 63398-63402 04-24347 04-24348 04-24349 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 63353-63355 04-24291 04-24292 04-24293 04-24345 CITA Committee for the Implementation of Textile Agreements NOTICES Bilateral textile consultations:

China, 63371-63373 04-24432 Defense Defense Department See Navy Department RULES Acquisition regulations: Technical amendments, 63327 04-24285 Federal Acquisition Regulation (FAR): Technical amendments and corrections, 63326-63332 04-24281 04-24282 04-24287 04-24288 PROPOSED RULES Federal Acquisition Regulation (FAR): Definitions clause, 63435-63437 04-24231 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 63373-63374 04-24286 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 63375-63376 E4-2947 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:

President's High-Growth Job Training Initiative; correction, 63409 04-24424 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: American Statistical Association Committee on Energy Statistics, 63376 04-24356 Meetings: Environmental Management Site-Specific Advisory Board— Idaho National Engineering and Environmental Laboratory, ID, 63376 04-24354 Oak Ridge Reservation, TN, 63376-63377 04-24355 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Arizona, 63321-63324 04-24334 Idaho, 63324-63326 04-24333 FAA Federal Aviation Administration RULES Standard instrument approach procedures, 63318-63320 04-24256 PROPOSED RULES Airworthiness directives: Pilatus Aircraft Ltd., 63336-63338 04-24323 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations: Various States, 63338-63341 04-24332 NOTICES Meetings: Emergency Medical Services Federal Interagency Committee, 63407-63408 04-24331 Federal Energy Federal Energy Regulatory Commission NOTICES Complaints filed:

San Diego Gas & Electric Co., et al., 63384 E4-2938 Meetings: Natural gas storage inventory information; enhanced reporting; technical conference, 63384-63385 E4-2929 Practice and procedure: Federal Power Act— Billing procedures for annual costs of other Federal agencies, 63385 E4-2923 *Applications, hearings, determinations, etc.:* AEP Texas North Co., 63377 E4-2942 Allegheny Energy Supply Co., LLC, 63377-63378 E4-2945 AmerenCIPS, 63378 E4-2926 American Electric Power Service Corp., 63378 E4-2927 Anthracite Power and Light Co., 63379 E4-2941 Buckeye Power Generating, LLC, 63379 E4-2940 Dynegy Power Marketing, Inc., 63379-63380 E4-2928 East Kentucky Power Cooperative, Inc., 63380 E4-2950 Mankato Energy Center, LLC, 63380 E4-2924 Mirant Kendall, LLC, et al., 63380-63381 E4-2944 New England Power Pool, 63381 E4-2951 Northeast Energy Associates, LP, 63381-63382 E4-2925 PEI Power Corp., 63382 E4-2922 Public Service Co. of New Mexico, 63382 E4-2935 Sky River Partnership, 63382-63383 E4-2937 USGen New England, Inc., et al., 63383 E4-2936 Wheelabrator Westchester, L.P., 63383-63384 E4-2939 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 63385 04-24297 Formations, acquisitions, and mergers, 63385-63386 04-24296 04-24351 Meetings; Sunshine Act, 63386-63387 04-24431 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Guidance for industry on pharmacokinetics in pregnancy, 63402-63403 04-24308 Foreign Foreign Agricultural Service RULES Trade Adjustment Assistance for Farmers Program; implementation: Technical amendments, 63317-63318 04-24352 NOTICES Trade adjustment assistance; applications, petitions, etc.:

Puget Sound Salmon Commission, 63349 04-24289 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 63349-63350 04-24299 Environmental statements; notice of intent: Nebraska National Forest, NE and SD, 63350-63352 04-24295 Meetings: Deschutes Provincial Advisory Committee, 63352 04-24316 Resource Advisory Committees— Fresno County, 63352 04-24315 Privacy Act: Systems of records, 63352 04-24298 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Definitions clause, 63435-63437 04-24231 NOTICES Agency information collection activities; proposals, submissions, and approvals, 63387 04-24341 Environmental statements; notice of intent: Blaine, WA; Port of Entry facility Peace Arch, 63387-63388 04-24330 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Childhood Vaccines Advisory Commission, 63388 04-24307 Homeland Homeland Security Department See Federal Emergency Management Agency Industry Industry and Security Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 63359 04-24338 Interior Interior Department See Land Management Bureau See Reclamation Bureau IRS Internal Revenue Service NOTICES Committees; establishment, renewal, termination, etc.: Tax Exempt and Government Entities Advisory Committee, 63434 04-24340 Meetings:

Art Advisory Panel, 63434 04-24339 International International Trade Administration NOTICES Antidumping: Granular polytetrafluoroethylene from— Italy, 63360-63361 E4-2955 Natural bristle paintbrushes and brush heads from— China, 63361-63362 E4-2957 Petroleum wax candles from— China, 63362-63363 E4-2959 Polyester staple fiber from— Taiwan, 63363-63364 E4-2952 Preserved mushrooms from— China, 63364-63366 E4-2958 Welded carbon steel pipe and tube from— Turkey, 63366 E4-2954 Antidumping and countervailing duties:

Administrative review requests, 63359-63360 E4-2956 Countervailing duties: Softwood lumber products from— Canada, 63366-63367 E4-2953 Export trade certificates of review, 63367-63368 E4-2943 International International Trade Commission NOTICES Import investigations: Preserved mushrooms from— Various countries, 63408-63409 04-24325 Justice Justice Department See Parole Commission Labor Labor Department See Employment and Training Administration See Veterans Employment and Training Service Land Land Management Bureau NOTICES Meetings:

Carrizo Plain National Monument Advisory Committee, 63408 04-24336 Resource Advisory Councils— Coeur d’Alene District, 63408 04-24322 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Definitions clause, 63435-63437 04-24231 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— West Coast salmon fisheries, 04-24342 63332-63335 04-24343 PROPOSED RULES Fishery conservation and management:

Northeastern United States fisheries— Atlantic sea scallop fishery, 63341-63342 04-24344 NOTICES Environmental statements; notice of intent: Texas National Estuarine Research Reserve Sytem; meetings, 63368-63369 04-24428 Meetings: New England Fishery Management Council, 63369-63370 E4-2930 E4-2931 North Pacific Fishery Management Council, 63370, 63371 E4-2933 E4-2934 Pacific Fishery Management Council, 63371 E4-2932 Navy Navy Department NOTICES Environmental statements; notice of intent:

Santa Margarita River Conjunctive Use Project, CA, 63374-63375 04-24335 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: ExxonMobil Research and Engineering Co., 63411 04-24305 Reactor Oversight Process; implementation; fifth year, 63411-63413 04-24304 *Applications, hearings, determinations, etc.:* Tennessee Valley Authority, 63410 04-24303 Parole Parole Commission NOTICES Meetings; Sunshine Act, 63409 04-24384 Patent Patent and Trademark Office RULES Trademark cases:

Trademark-related documents, paper submission mailing addresses; Madrid Protocol rules changes; correction, 63320-63321 04-24311 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 63413 04-24337 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Santa Margarita River Conjunctive Use Project, CA, 63374-63375 04-24335 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

PacifiCare of Arizona, Inc., et al., 63413-63417 E4-2918 Securities: Suspension of trading— U.S. Canadian Minerals, Inc., 63417 04-24411 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 63417-63418 E4-2920 Chicago Board Options Exchange, Inc., 63418-63419 E4-2921 Chicago Stock Exchange, Inc., 63419-63421 E4-2946 Fixed Income Clearing Corp., 63421-63424 E4-2962 New York Stock Exchange, Inc., 63424-63427 E4-2919 Pacific Exchange, Inc., 63427 E4-2960 Philadelphia Stock Exchange, Inc., 63427-63428 E4-2961 SBA Small Business Administration NOTICES Disaster loan areas:

Louisiana, 63428-63429 04-24278 Ohio, 63429 04-24280 Puerto Rico, 63429 04-24279 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 63429-63432 04-24312 Privacy Act: Systems of records, 63432-63433 04-24314 State State Department NOTICES Committees; establishment, renewal, termination, etc.: Overseas Security Advisory Council, 63433 04-24328 United Nations Educational, Scientific, and Cultural Organization U.S.

National Commission, 63433 04-24329 Meetings: International Ecomonic Policy Advisory Committee, 63433 04-24327 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Mental Health Services and Substance Abuse Treatment Centers— Historically Black Colleges and Universities National Resource Center, 63403-63407 04-24300 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration Treasury Treasury Department See Internal Revenue Service Veterans Veterans Employment and Training Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 63409-63410 04-24306 Separate Parts In This Issue Part II Defense Department;

General Services Administration; National Aeronautics and Space Administration, 63435-63437 04-24231 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. 69 210 Monday, November 1, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Foreign Agricultural Service 7 CFR Part 1580 RIN 0551-AA66 Trade Adjustment Assistance for Farmers AGENCY:

Foreign Agricultural Service, USDA. ACTION: Final rule; Technical amendments. SUMMARY: This final rule makes technical amendments to the regulation implementing the Trade Adjustment Assistance for Farmers

(TAA)program. DATES: Effective on November 1, 2004. FOR FURTHER INFORMATION CONTACT: Jean-Louis Pajot, Import Policies and Programs Division, Foreign Agricultural Service, 1400 Independence Avenue, SW., STOP 1021, by e-mail at: *trade.adjustment@fas.usda.gov,* telephone 202-720-2916, or fax at 202-720-0876. SUPPLEMENTARY INFORMATION: The regulation implementing the TAA program is codified at 7 CFR part 1580. The program is authorized by Chapter 6 of Title II of the Trade Act of 1974, as amended by Subtitle C of Title I of the Trade Act of 2002 (Pub. L. 107-210) (19 U.S.C. 2551, *et seq.* ) (the Trade Act). This regulation makes the following five technical corrections to 7 CFR Part 1580: The first correction specifies the documentation required to certify the net farm income of agricultural cooperatives, partnerships and corporations. These entities are eligible to apply for TAA because § 1580.102 defines a “producer” as a person who is either an owner, operator, landlord, tenant, or sharecropper, who shares in the risk of producing a crop and who is entitled to share in the crop available for marketing from the farm, or a qualified fisherman, and the same section defines a “person” to mean an individual, partnership, joint stock owner, corporation, association, trust, estate, or another legal entity as defined in 7 CFR 1400.3. The current regulation, however, only specifies documentation for certifying the net farm income of self-employed farmers, *i.e.* , those filing Internal Revenue Service

(IRS)Schedule F (Form 1040): Profit or Loss From Farming, and Form 4835: Farm Rental Income and Expenses. Therefore, to correct this deficiency, all references to IRS forms are removed from § 1580.102. The amended rule sets forth a complete list of acceptable forms and schedules supporting net income certifications under §1580.502 of the regulation, where record maintenance is addressed. The second change corrects an inconsistency in identifying the relevant tax year to be used when producers certify to lower net farm or fishing incomes. Producers petition for TAA with respect to the most recent marketing year for which national average prices are available. Section 1580.102 defines net farm and fishing income as income earned during the tax year that most closely corresponds with the marketing year being considered for TAA. To be eligible for payments, producers must certify under § 1580.301(e)(4) that their net farm or fishing income for the most recent tax year was less than that during their pre-adjustment year. Because national average prices take months to be gathered and published by the Department, a producer's most recent tax year may follow the tax year that most closely corresponds with the marketing year being considered for TAA. Therefore, to correct this deficiency, § 1580.301(e)(4) is amended to delete reference to “the most recent tax year”. Consequently producers are required to certify that net farm or fishing income during the tax year that most closely corresponds with the marketing year under consideration was less than that during their pre-adjustment tax year, in order to receive payments. The third change authorizes the use of alternative procedures for producers to certify to their adjusted gross income

(AGI)authorized by section 296 (a)(2)(A)(ii)(II) of the Trade Act. Section 1580.301(e)(6) describes the documentation that a producer shall provide to support certification that their AGI, as determined in accordance with 7 CFR 1400.601, for the 3 preceding tax years does not exceed $2,500,000. Section 1580.301(e) is therefore amended to allow producers to certify their AGI limitation by either providing specified documentation or by providing other information prescribed by the Department. This amendment will permit FAS to conform the TAA procedures to those adopted by the Farm Service Agency

(FSA)regarding certification of AGI. Producers will still be obligated to provide specific documents supporting their AGI, when requested by the Department. The fourth correction concerns the deadline by which applicants must provide certifications to qualify for adjustment assistance payments. Under § 1580.301(c) producers must submit documentation to support the amount of their production when submitting an application for TAA. The purpose of this requirement is twofold. First, it assures that only verifiable producers of the commodity are referred to the Extension Service for free technical assistance and services; and second, it establishes a fiscal obligation for each applicant, upon which the Department builds its estimate of program expenditures and calculates prorated payments, when appropriated funds are insufficient. Section 1580.303(a) requires applicants to satisfy by September 30 all the conditions of § 1580.301 to qualify for TAA payments. This statement could be misinterpreted to mean that producers have until September 30, to provide documentation supporting the amount of their production. Therefore, § 1580.303(a) is amended to clarify that the September 30 deadline applies only to the certifications under § 1580.301(e). The fifth correction concerns the appeals procedure under § 1580.505. The regulation designated the FSA administrative appeal procedure to resolve disputes involving applications for program benefits. This has led to some confusion that entities applying for TAA benefits could appeal denials to the National Appeals Division

(NAD)within USDA. This was not intended, and would not be appropriate, because appeals from NAD go to the United States District Courts, whereas the Trade Act (19 U.S.C. 2395) grants to the United States Court of International Trade jurisdiction over of all claims arising under the TAA program. Therefore, § 1580.505 is amended to delete the utilization of FSA's administrative appeals process, including oversight by the FSA Deputy Administrator and State committees. Corrections to the Final Rule Accordingly, for the reasons set forth in the preamble, FAS amends 7 CFR part 1580 to read as follows: PART 1580—[CORRECTED] 1. The authority citation for 7 CFR part 1580 continues to read as follows: Authority: 19 U.S.C. 2401. § 1580.102 [Corrected] 2. In § 1580.102, the definition of “Deputy Administrator” is deleted, and the definitions for “net farm income”, “net fishing income,” and “qualified fisherman” are revised to read as follows: § 1580.102 Definitions. Net farm income means net farm profit or loss, excluding payments under this part, reported to the Internal Revenue Service for the tax year that most closely corresponds with the marketing year under consideration. Net fishing income means net profit or loss, excluding payments under this part, reported to the Internal Revenue Service for the tax year that most closely corresponds with the marketing year under consideration. Qualified fisherman means a person whose catch competes in the marketplace with like or directly competitive aquaculture products and report net fishing income to the Internal Revenue Service. § 1580.301 [Corrected] 3. Section 1580.301 is amdended by revising paragaraphs (e)(4)and (e)(6) and by adding paragraph (e)(7) to read as follows: § 1580.301 Application for trade adjustment assistance.

(e)* * *

(4)Certification that net farm or fishing income was less than that during the producer's pre-adjustment year.

(6)To comply with certifications in paragraph (e)(4) of this section, an applicant shall provide either—

(7)To comply with certifications in paragraph (e)(5) of this section, an applicant shall provide either—

(i)Supporting documentation from a certified public accountant or attorney,

(ii)Relevant documentation and other supporting financial data, such as financial statements, balance sheets, and reports prepared for or provided to the Internal Revenue Service or another U.S. Government agency, or

(iii)Information prescribed by the Department. § 1580.303 [Corrected] 4. Section 1580.303(a) is revised to read as follows: § 1580.303 Adjustment assistance payments.

(a)Applicants shall satisfy by September 30 all certifications of § 1580.301(e) to qualify for adjustment assistance payments. 5. Section 1580.501 is revised as follows: § 1580.501 Administration.

(a)The application process shall be carried out in the field by FSA county committees.

(b)FSA county committees and representatives do not have the authority to modify or waive any of the provisions of this part.

(c)The Administrator, may, by timely and appropriate public notification, modify non-statutory opening dates and deadlines for submitting petitions.

(d)The Administrator may authorize the FSA county committees to waive or modify non-statutory application deadlines or other program requirements in cases where lateness or failure to meet such other requirements by applicants does not adversely affect the operation of the program. § 1580.502 [Corrected] 6. Section 1580.502 is amended by adding paragraphs (a)(1) and (a)(2) and by revising paragraph

(d)to read as follows: § 1580.502 Maintenance of records, audits and compliance.

(a)* * *

(1)Acceptable production documentation may include copies of receipts, ledgers, income statements, deposit slips, register tapes, invoices for custom harvesting, records to verify production costs, contemporaneous measurements, truck scale tickets, fish tickets, landing reports, and contemporaneous diaries that are determined acceptable by the county committee.

(2)Acceptable income documentation shall include, as appropriate, copies of Internal Revenue Service Form 990-C, Farmers' Cooperative Association Income Tax Return; Form 1040, U.S. Individual Income Tax Return; Schedule C (Form 1040), Profit or Loss From Business; Schedule F (Form 1040), Profit or Loss From Farming; Form 1065, U.S. Return of Partnership Income; Form 1120, U.S. Corporation Income Tax Return; or Form 4835, Farm Rental Income and Expenses.

(d)If requested in writing by the United States Department of Agriculture or the Comptroller General of the United States, the producer shall provide all information and documentation the reviewing authority determines necessary to verify any information or certification provided under this subpart, including all documents referred to in § 1580.301(c), within 30 days. Documentation may be submitted by facsimile, in person, or by mail. Failure to provide necessary and accurate information to verify compliance, or failure to comply with the subpart's requirements, will result in ineligibility for all program benefits subject to this subpart for the year or years subject to the request. 7. Section 1580.505 is revised to read as follows: § 1580.505 Appeals Any person aggrieved by a final determination made with respect to an application for program benefits under this part may appeal to the United States Court of International Trade for a review of such determination, in accordance with its rules and procedures. Signed at Washington, DC, on October 14, 2004. A. Ellen Terpstra, Administrator, Foreign Agricultural Service. [FR Doc. 04-24352 Filed 10-29-04; 8:45 am]

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