Unknown. Final rule

4,524 words·~21 min read·/register/2004/11/15/04-25245

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2004-11-15.xml --- 69 219 Monday, November 15, 2004 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 65601-65602 04-25241 Agriculture Agriculture Department See Farm Service Agency See Forest Service See Natural Resources Conservation Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments:

Cingular Wireless Corp. et al., 65633-65654 04-25323 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department RULES Medicare: Hospital outpatient prospective payment system and 2005 CY payment rates, 65681-66233 04-24759 Physician fee schedule (2005 CY); payment policies and relative value units adjustment, 66235-66915 04-24758 Psychiatric facilities; hospital inpatient services prospective payment system, 66921-67015 04-24787 NOTICES Agency information collection activities; proposals, submissions, and approvals, 65602-65603 04-25250 Medicare:

Ambulance services; fee schedule; inflation update, 66917-66920 04-24757 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Vermont, 65579-65580 04-25248 Coast Guard Coast Guard PROPOSED RULES Pollution: Marine liquefied natural gas spills; thermal and vapor dispersion exclusion zones; rulemaking petition Correction, 65555-65556 04-25254 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES International Exchange, Inc.; brokers and traders treatment as eligible commercial entities, 65584-65591 04-25282 Comptroller Comptroller of the Currency NOTICES Reports and guidance documents; availability, etc.:

Retail credit risk for regulatory capital; internal ratings-based systems use; correction, 65679 C4-23771 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 65591-65594 04-25291 04-25292 04-25293 04-25295 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 65594 04-25256 Employment Employment and Training Administration NOTICES Reports and guidance documents; availability, etc.:

Workforce security programs; Unemployment Insurance Program Letters interpreting Federal law, 65654-65656 E4-3162 Agency information collection activities; proposals, submissions, and approvals, [ **Editiorial Note:** The page number for this document was incorrectly listed in the Friday, November 12, 2004 **Federal Register** Table of Contents. The correct page number is 65508.] EPA Environmental Protection Agency PROPOSED RULES Toxic substances: Enzymes and proteins; nomenclature inventory, 65565-65570 04-25307 NOTICES Air pollution control; new motor vehicles and engines:

California pollution control standards— Heavy-duty diesel engines and vehicles; 2007 and subsequent model years; Federal preemption waiver request, 65594-65596 04-25304 Confidential business information and data transfer, 65596 04-25306 Reports and guidance documents; availability, etc.: CERCLA service station dealer exemption; model application/information request, 65596-65597 04-25305 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency RULES Program regulations:

Farm Security and Rural Investment Act— General credit provisions; correction, 65520 04-25285 State Nonmetropolitan Median Household Income; definition clarification, 65517-65519 04-25245 PROPOSED RULES Program regulations: Servicing of water and waste loan and grant programs, 65546-65554 04-25247 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 65523-65531 04-24930 04-24933 Boeing, 65520-65522, 65533-65535 04-24931 04-24936 Empresa Brasileira de Aeronautica, S.A.

(EMBRAER), 65535-65537 04-24935 McDonnell Douglas, 65522-65523, 65531-65533 04-24932 04-24934 Standard instrument approach procedures, 65538-65539 04-25213 NOTICES Exemption petitions; summary and disposition, 65677 04-25322 FCC Federal Communications Commission RULES Digital television stations; table of assignments: California, 65545 04-25263 Spectrum, efficient use promotion; secondary markets development; regulatory barriers elimination, 65544-65545 04-25288 PROPOSED RULES Radio services, special:

Maritime services— Automatic Identification Systems; electromagnetic frequency identification, 65570-65577 04-25289 NOTICES Agency information collection activities; proposals, submissions, and approvals, 65597-65598 04-25286 Common carrier services: Foreign mobile termination rates; effect on U.S. customers, 65598 04-25287 FDIC Federal Deposit Insurance Corporation NOTICES Reports and guidance documents; availability, etc.: Retail credit risk for regulatory capital; internal ratings-based systems use; correction, 65679 C4-23771 Federal Emergency Federal Emergency Management Agency NOTICES Privacy Act:

Systems of records, 65615-65618 04-25284 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 65598 04-25404 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 65598 04-25269 Formations, acquisitions, and mergers, 65599 04-25268 Reports and guidance documents; availability, etc.: Retail credit risk for regulatory capital; internal ratings-based systems use; correction, 65679 C4-23771 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds:

Roche Surety & Casualty Co., Inc., 65677-65678 04-25283 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 65627-65628 04-25267 Food Food and Drug Administration RULES Food additives: Mannitol, 65540-65542 04-25243 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California, 65580 04-25294 Forest Forest Service NOTICES Environmental statements; notice of intent:

Bridger-Teton National Forest, WY, 65578-65579 04-25249 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 65591-65594 04-25291 04-25292 04-25293 04-25295 Health Health and Human Services Department See Aging Administration See Centers for Medicare & Medicaid Services See Food and Drug Administration See Indian Health Service See Inspector General Office, Health and Human Services Department See National Institutes of Health See Public Health Service NOTICES National Health Information Network; development and adoption; comment request, 65599-65601 04-25382 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Meetings:

Manufactured Housing Consensus Committee, 65627 04-25389 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 65628-65630 04-25265 04-25266 Indian Indian Health Service NOTICES Senior Executive Service: Performance Review Board; membership, 65603 04-25244 Industry Industry and Security Bureau RULES Export administration regulations: Entity list— Russian entities; export and reexport license requirements removed, 65539-65540 04-25308 PROPOSED RULES Export administration regulations:

Knowledge and red flags; definition and guidance revisions; safe harbor, 65555 04-25309 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 65603-65608 04-25251 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 65627 04-25372 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Minerals Management Service See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes:

Controlled foreign corporations’ subpart F income; U.S. shareholder's pro rate share; determination guidance; hearing cancellation, 65555 04-25324 International International Trade Commission NOTICES Import investigations: Tissue and crepe paper products from— China, 65632-65633 04-25255 Justice Justice Department See Antitrust Division RULES Organization, functions, and authority delegations: Federal Bureau of Investigation, 65542-65543 04-25252 Labor Labor Department See Employment and Training Administration Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:

Gulf of Mexico OCS— Oil and gas operations, 65630-65632 04-25242 Mississippi Mississippi River Commission NOTICES Meetings; Sunshine Act, 65656-65657 04-25391 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 65591-65594 04-25291 04-25292 04-25293 04-25295 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 65608-65609 04-25281 Inventions, Government-owned; availability for licensing, 65609-65611 04-25278 04-25279 Meetings:

National Cancer Institute, 65611 04-25271 National Institute of Child Health and Human Development, 04-25272 65612-65613 04-25273 04-25274 04-25275 04-25276 National Institute of Diabetes and Digestive and Kidney Diseases, 65611-65612 04-25270 National Institute of General Medical Sciences, 65613 04-25277 NOAA National Oceanic and Atmospheric Administration NOTICES Committees; establishment, renewal, termination, etc.: Marine Fisheries Advisory Committee, 65580-65581 04-25314 Endangered and threatened species:

Anadromous fish take— A.A. Rich & Associates; California chinook, steelhead, and coho salmon, 65581-65582 04-25316 Environmental statements; availability, etc.: West Coast threatened salmon and steelhead, 65582-65583 04-25313 Marine mammals: Taking and importation— Ecuador; yellowfin tuna and tuna products harvested in the Eastern Tropical Pacific Ocean; affirmative finding renewed, 65583 04-25315 Permits: Scientific research, 65583-65584 04-25317 National Park National Park Service PROPOSED RULES Special regulations:

Pictured Rocks National Lakeshore, MI; personal watercraft use, 65556-65563 04-25318 NRCS Natural Resources Conservation Service NOTICES Reports and guidance documents; availability, etc.: National Handbook of Conservation Practices; conservation practice standards, new or revised, 65579 04-25246 Nuclear Nuclear Regulatory Commission NOTICES Enforcement actions: Power reactors; notices of enforcement discretion; policy statement; revision, 65657-65659 04-25260 Environmental statements; availability, etc.:

Veterans Affairs Department Chicago Health Care System, 65659-65660 04-25258 Meetings: Nuclear Waste Advisory Committee, 65660 04-25259 Source material; domestic licensing: L-Bar uranium mill tailings site, NM; DOE established as long-term custodian; Sohio Western Mining Co. source materials license terminated, 65661 04-25257 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:

Allocation of assets— Interest assumptions for valuing and paying benefits, 65543-65544 04-25320 NOTICES Multi-employer plans: Interest rates and asumptions, 65661-65662 04-25321 Postal Postal Rate Commission PROPOSED RULES Practice and procedure: Periodic reporting rules, 65563-65565 04-25298 Presidential Presidential Documents PROCLAMATIONS *Special observances:* World Freedom Day (Proc. 7845), 65515 04-25438 Public Public Debt Bureau See Fiscal Service Public Public Health Service NOTICES Meetings:

National Toxicology Program— Scientific Counselors Board, 65613-65615 04-25280 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 65662 04-25290 Rural Rural Business-Cooperative Service RULES Program regulations: Farm Security and Rural Investment Act— General credit provisions; correction, 65520 04-25285 State Nonmetropolitan Median Household Income; definition clarification, 65517-65519 04-25245 PROPOSED RULES Program regulations:

Servicing of water and waste loan and grant programs, 65546-65554 04-25247 Special programs: Farm Security and Rural Investment Act of 2002; implementation— Renewable Energy Systems and Energy Efficiency Improvements, Grant, Guaranteed Loan, and Direct Loan Program, 65554-65555 04-25239 Rural Rural Housing Service RULES Program regulations: Farm Security and Rural Investment Act— General credit provisions; correction, 65520 04-25285 State Nonmetropolitan Median Household Income; definition clarification, 65517-65519 04-25245 PROPOSED RULES Program regulations:

Servicing of water and waste loan and grant programs, 65546-65554 04-25247 RUS Rural Utilities Service RULES Program regulations: Farm Security and Rural Investment Act— General credit provisions; correction, 65520 04-25285 State Nonmetropolitan Median Household Income; definition clarification, 65517-65519 04-25245 PROPOSED RULES Program regulations: Servicing of water and waste loan and grant programs, 65546-65554 04-25247 SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 65662 04-25381 Self-regulatory organizations; proposed rule changes: Fixed Income Clearing Corp., 65662-65664 E4-3157 National Association of Securities Dealers, Inc., 65664-65668 E4-3160 E4-3163 Pacific Exchange, Inc., 65668-65672 E4-3158 E4-3159 SBA Small Business Administration NOTICES Disaster loan areas: Georgia, 04-25310 65673 04-25311 Small business size standards: Nonmanufacturer rule; waivers— Sporting and athletic goods manufacturing, 65673-65674 04-24973 *Applications, hearings, determinations, etc.:* Gefus SBIC, L.P., 65672 04-25312 Psilos Group Partners II SBIC, L.P., 65672 04-25227 Telesoft Partners II SBIC, L.P., 04-25228 65673 04-25229 Social Social Security Administration RULES Social security benefits:

Federal old age, survivors, and disability insurance— Malignant neoplastic diseases; medical criteria evaluation, 67017-67038 04-24897 PROPOSED RULES Social security benefits: Federal old age, survivors, and disability insurance— Hematological disorders and malignant neoplastic diseases; medical criteria evaluation; partially withdrawn, 67038-67039 04-24898 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 65197 [ **Editorial Note** :

This document was inadvertently placed under the Centers for Disease Control and Prevention in the **Federal Register** table of contents for Wednesday, November 10, 2004.] Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 65632 04-25319 Thrift Thrift Supervision Office NOTICES Reports and guidance documents; availability, etc.: Retail credit risk for regulatory capital; internal ratings-based systems use; correction, 65679 C4-23771 Trade Trade Representative, Office of United States NOTICES Andean Trade Preference Act: 2003 and 2004 annual reviews, 65674 04-25240 Generalized System of Preferences: 2004 annual product and country eligibility practices review, 65674-65676 04-25264 Transportation Transportation Department See Federal Aviation Administration NOTICES Reports and guidance documents; availability, etc.:

Airfares purchased from telephone reservations centers or airline ticket offices, and seperately listed surcharges; higher prices disclosure, 65676-65677 04-25253 Transportation Transportation Security Administration NOTICES Secure Flight Program; test phase; privacy impact assessment, 65619-65627 04-25396 Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 65681-66233 04-24759 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 66235-66915 04-24758 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 66917-66920 04-24757 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 66921-67015 04-24787 Part VI Social Security Administration, 67017-67039 04-24897 04-24898 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. 69 219 Monday, November 15, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Housing Service Rural Business-Cooperative Service Rural Utilities Service Farm Service Agency 7 CFR Parts 1775, 1777, 1778, 1780, 1942, 3570, and 4274 RIN 0572-AB96 Definition Clarification of State Nonmetropolitan Median Household Income (SNMHI) AGENCY:

Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, USDA. ACTION: Final rule. SUMMARY: The Rural Housing Service (RHS), Rural Business-Cooperative Service (RBS), and the Rural Utilities Service (RUS), agencies delivering the United States Department of Agriculture's Rural Development housing, business, and utilities programs, amend their regulations to reflect the clarification of the definition of Statewide Nonmetropolitan Median Household Income, which shall be defined as “the median household income of the state's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places of 50,000 or more population.

” This modification will enable Rural Development to more effectively serve communities across rural America. The loan and grant eligibility or priority scoring will be positively impacted for Rural Development Housing, Business, and Utilities Programs. DATES: *Effective Date:* 7 CFR part 1775—November 15, 2004. 7 CFR part 1777—December 15, 2004. 7 CFR part 1778—November 15, 2004. 7 CFR part 1780—November 15, 2004. 7 CFR part 1942—November 15, 2004. 7 CFR part 3570—November 15, 2004. 7 CFR part 4274—November 15, 2004.

FOR FURTHER INFORMATION CONTACT: Linda Scott, Loan Specialist, Water Programs Division, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Room 2235-S, Stop 1570, Washington, DC 20250-1570. Telephone

(202)720-9639. E-Mail: *Linda.Scott@usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Catalog of Federal Domestic Assistance The programs described by this rule are listed in the Catalog of Federal Domestic Assistance Programs under numbers 10.760—Water and Waste Disposal Systems for Rural Communities; 10.761—Technical Assistance and Training Grants; 10.762 “ Solid Waste Management Grants; 10.763—Emergency Community Water Assistance Grants; 10.766—Community Facilities Loans and Grants; 10.767—Intermediary Relending Program; and 10.770—Water and Waste Disposal Loans and Grants (Section 306C). This catalog is available on a subscription basis from the Superintendent of Documents, the United States Government Printing Office, Washington, DC, 20402-9325, telephone number

(202)512-1800. Executive Order 12372 The programs described by this rule that are subject to the requirements of Executive Order 12372, “Intergovernmental Review of Federal Programs,” as implemented under USDA's regulations at 7 CFR part 3015, are 10.760—Water and Waste Disposal Systems for Rural Communities; 10.763—Emergency Community Water Assistance Grants; 10.766—Community Facilities Loans and Grants; 10.767—Intermediary Relending Program; and 10.770—Water and Waste Disposal Loans and Grants (Section 306C). Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. RUS has determined that this rule meets the applicable standards provided in section 3 of the Executive Order. In addition all State and local laws and regulations that are in conflict with this rule will be preempted; no retroactive effect will be given to the rule; and, in accordance with Section 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)) administrative appeal procedures, if any are required, must be exhausted prior to initiating any action against the Department or its agencies. Regulatory Flexibility Act Certification This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). The undersigned has determined and certified by signature of this document that this rule will not have a significant economic impact on a substantial number of small entities since this rulemaking action does not involve a new or expanded program. Information Collection and Recordkeeping Requirements This rule contains no new reporting or recordkeeping burdens under OMB control numbers 0572-0109, 0572-0110, 0572-0112, 0572-0121, 0575-0015, 0575-0173, and 0570-0021 that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). National Environmental Policy Act Certification The Administrator of RUS has determined that this rule will not significantly affect the quality of the human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ). Therefore, this action does not require an environmental impact statement or assessment. Unfunded Mandates This rule contains no Federal mandates (under the regulatory provision of title II of the Unfunded Mandates Reform Act of 1995) for State, local, and tribal governments or the private sector. Thus this rule is not subject to the requirements of section 202 and 205 of the Unfunded Mandates Reform Act of 1995. Executive Order 13132, Federalism The policies contained in this rule do not have any substantial direct effect on states, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with states is not required. Background The purpose of this final rule is to create a standard definition of Statewide Nonmetropolitan Median Household Income (SNMHI) that is more representative of the rural areas in a State. With respect to Rural Utilities Service Water and Environmental Programs (WEP), the definition will be used in priority scoring for WEP Technical Assistance and Training Grants (7 CFR part 1775), Section 306C Water and Waste Disposal Loans and Grants (7 CFR part 1777), and Emergency and Imminent Community Water Assistance Grants (7 CFR part 1778), and for loan and grant eligibility determinations for Water and Waste Loans and Grants (7 CFR part 1780). For the Rural Housing Service Community Facilities

(CF)and Rural Business-Cooperative Service Intermediary Relending Programs (IRP), the standard definition will be used in priority scoring for the Community Facilities Loan Program (7 CFR part 1942), Community Facilities Grant Program (7 CFR part 3570) and the Intermediary Relending Program (7 CFR part 4274). Standardizing the definition of SNMHI will allow for more efficient administration of these loan and grant programs consistent with the purposes of the Consolidated Farm and Rural Development Act (codified at 7 U.S.C. 1921 *et. seq.* ). With respect to 7 CFR parts 1775, 1778, and 1780, 1942, 3570 and 4274, the rule will be effective upon publication in the **Federal Register** . For 7 CFR part 1777, the rule will be effective 30 days after such publication. Pursuant to 44 U.S.C. 3504(e)(3), 31 U.S.C. 1104(d) and Executive Order No. 10253 (June 11, 1951), the Office of Management and Budget

(OMB)defines Metropolitan Statistical Areas (MSA), Micropolitan Statistical Areas, Combined Statistical Areas, and New England City and Town Areas for use in Federal statistical activities. Once each decade, OMB performs a comprehensive review of statistical area standards and definitions, and publishes a list which includes counties where MSAs are located, with periodic updates between decennial censuses based on Census Bureau data. As a consequence of the 2000 census, the definitions of metropolitan areas were revised, resulting in larger geographical areas being considered metropolitan. These enlarged metropolitan areas include areas which are rural areas under the definition of “rural areas” in section 343

(13)of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991 *et seq* ). The expansion of the generally more affluent metropolitan areas and their consequent removal from the computation of nonmetropolitan income in the SNMHI caused the SNMHI to increase proportionately less than the increase in median household income experienced by rural communities in the metropolitan areas. While the income characteristics of the rural communities in the metropolitan areas and their need for WEP, CF and IRP assistance may not have changed, the proportionately lesser increase in SNMHI makes it less likely that a rural community in a metropolitan area can successfully compete for such assistance. The inclusion of these rural areas within the enlarged metropolitan areas, and the consequent effect on the SNMHI, affects the eligibility of some WEP applicants for grant and lower interest rate loans. Based upon a review of applications on hand, and using the 2000 census median household income data for nonmetropolitan counties, there was an approximately 25 percent reduction in the number of communities eligible for grants, and a 50 percent reduction in the number of communities eligible for reduced interest rates. Additionally, priority scoring for all WEP programs is affected by the comparison of an area's income with the SNMHI. The inclusion of these rural areas within the enlarged metropolitan areas did not affect the eligibility of these rural areas for CF and IRP assistance. However, applicants for CF and IRP assistance ( *see* 7 CFR 1942,1(c)(2)(iii)(C)(2) for CF and 7 CFR 4274.344(c) for IRP) receive priority points in application selection criteria based on a comparison of the area's income with the SNMHI. The assignment of priority points may be negatively affected by the comparison of these rural areas within the enlarged metropolitan areas with the SNMHI. The SNMHI calculations resulting from this definition modification will greatly reduce the negative impacts to numerous rural communities, and will enable such communities to continue to be eligible and receive priority points for WEP, CF and IRP loan and grant programs. A proposed rule was published in the **Federal Register** on Monday, August 9, 2004, at 69 FR 48174. The comment period lasted 30 days and ended on September 8, 2004. Five comments were received. Each of the five comments supported the definition clarification of State Nonmetropolitan Median Household Income (SNMHI). Four of these favorable comments were from local towns, and one was from an engineering and architectural firm. List of Subjects 7 CFR Part 1775 Business and industry; Community development; Community facilities; Grant program—housing and community development; Reporting and recordkeeping requirements; Rural areas; Waste treatment and disposal; Water supply; Watersheds. 7 CFR Part 1777 Community development; Community facilities; Grant programs—housing and community development; Loan programs—housing and community development; Reporting and recordkeeping requirements; Rural areas; Waste treatment and disposal; Water supply; Watersheds. 7 CFR Part 1778 Community development; Community facilities; Grant programs—housing and community development; Reporting and recordkeeping requirements; Rural areas; Waste treatment and disposal; Water supply; Watersheds. 7 CFR Part 1780 Community development; Community facilities; Grant programs—housing and community development; Loan programs—housing and community development; Reporting and recordkeeping requirements; Rural areas; Waste treatment and disposal; Water supply; Watersheds. 7 CFR Part 1942 Community development; Community facilities; Loan program—Housing and community development; Loan security; Reporting and recordkeeping requirements; Rural Areas; Waste treatment and disposal—Domestic; Water supply—Domestic. 7 CFR Part 3570 Accounting; Administrative practice and procedure; Conflicts of interests; Environmental impact statements; Foreclosure; Fair Housing; Grant programs—Housing and community development; Loan programs—Housing and community development; Rural areas; Subsidies. 7 CFR Part 4274 Community development; Economic development; Loan programs—business; Reporting and recordkeeping requirements; Rural areas. For reasons set forth in the preamble, RUS amends 7 CFR chapters XVII, XVIII, and XVIV as set forth below: CHAPTER XVII—RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE PART 1775—TECHNICAL ASSISTANCE AND TRAINING GRANTS 1. The authority citation for part 1775 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. 2. Amend § 1775.4 by adding a definition for “Statewide Nonmetropolitan Median Household Income” in alphabetical order to read as follows: § 1775.4 Definitions. *Statewide Nonmetropolitan Median Household Income (SNMHI).* Median household income of the State's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places of 50,000 or more population. PART 1777—SECTION 306C WWD LOANS AND GRANTS 3. The authority citation for part 1777 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. 4. Amend § 1777.4 by adding a definition for “Statewide Nonmetropolitan Median Household Income” in alphabetical order to read as follows: § 1777.4 Definitions. *Statewide Nonmetropolitan Median Household Income (SNMHI).* Median household income of the State's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places of 50,000 or more population. PART 1778—EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS 5. The authority citation for part 1778 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. 6. Amend § 1778.4 by adding a definition for “Statewide Nonmetropolitan Median Household Income” in alphabetical order to read as follows: § 1778.4 Definitions. *Statewide Nonmetropolitan Median Household Income (SNMHI).* Median household income of the State's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places of 50,000 or more population. PART 1780—WATER AND WASTE LOANS AND GRANTS Subpart A—General Policies and Requirements 7. The authority citation for part 1780 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. 8. Amend § 1780.3

(a)by revising the definition for “Statewide Nonmetropolitan Median Household Income” to read as follows: § 1780.3 Definitions and grammatical rules of construction.

(a)* * * *Statewide nonmetropolitan median household income* means the median household income of the State's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places of 50,000 or more population. CHAPTER XVIII—RURAL HOUSING SERVICE, RURAL BUSINESS—COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE PART 1942—ASSOCIATIONS Subpart A—Community Facility Loans 9. The authority citation for part 1942 continues to read: Authority: 5 U.S.C. 301; 7 U.S.C. 1989. 10. Amend subpart A by adding a new § 1942.21 to read as follows: § 1942.21 Statewide Nonmetropolitan Median Household Income. Statewide Nonmetropolitan Median Household Income means the median household income of the State's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places, of 50,000 or more population. CHAPTER XXXV—RURAL HOUSING SERVICE, DEPARTMENT OF AGRICULTURE PART 3570—COMMUNITY PROGRAMS Subpart B—Community Facilities Grant Program 11. The authority citation for part 3570 continues to read: Authority: 5 U.S.C. 301; 7 U.S.C. 1989. 12. Amend § 3570.53 by revising the definition for “State nonmetropolitan median household income” to read as follows: § 3570.53 Definitions. *State nonmetropolitan median household income.* The median household income of the State's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places of 50,000 or more population. CHAPTER XLII—RURAL BUSINESS—COOPERATIVE SERVICE AND RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE PART 4274—DIRECT AND INSURED LOANMAKING Subpart D—Intermediary Relending Program

(IRP)13. The authority citation for part 4274 continues to read: Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note; 7 U.S.C. 1989. 14. Amend § 4274.302

(a)by adding a definition for “Statewide Nonmetropolitan Median Household Income” in alphabetical order to read as follows: § 4274.302 Definitions and abbreviations.

(a)* * *. *Statewide Nonmetropolitan Median Household Income (SNMHI).* Median household income of the State's nonmetropolitan counties and portions of metropolitan counties outside of cities, towns or places of 50,000 or more population. Dated: November 5, 2004. Gilbert G. Gonzalez, Under Secretary, Rural Development. [FR Doc. 04-25245 Filed 11-12-04; 8:45 am]

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