Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-11-19.xml --- 69 223 Friday, November 19, 2004 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Milk marketing orders: Appalachian, Florida, and Southeast, 67670-67680 04-25684 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau RULES Alcoholic beverages: Wine; materials authorized for treatment of wine and juice; processes authorized for treatment of wine, juice, and distilling material, 67639-67645 04-25739 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Method and apparatus for making body heating and cooling garments, 67711 04-25680 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Surveys, determinations, etc.: Service industries; annual, 67699 04-25706 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Alcohol-impaired driving; community-based interventions, 67738-67744 04-25672 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 67744-67745 04-25720 04-25721 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: Various States, 67698-67699 04-25683 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 67697-67698 04-25707 04-25708 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Philippines, 67711 E4-3261 Customs Customs and Border Protection Bureau NOTICES Customs broker and national permits; user fees, 67749 04-25737 Defense Defense Department See Army Department See Engineers Corps Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Aquino, Nilvio R., M.D., 67760-67761 04-25694 Election Election Assistance Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 67712 04-25663 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-25685 67761-67762 04-25686 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 67762-67763 04-25440 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 67713 04-25693 Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program: Energy conservation standards and test procedures— Distribution transformers; supplemental technical support document appendix availability and labeling correction, 67680-67681 04-25609 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Greene County, NY;

Athens Navigation Project, 67711-67712 04-25681 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: California, 67645-67647 04-25625 Solid waste: Land disposal restrictions— Chemical Waste Management, Chemical Services, LLC; site-specific treatment standard variance for selenium waste, 67647-67654 04-25716 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 67694 04-25626 Solid waste:

Land disposal restrictions— Chemical Waste Management, Chemical Services, LLC; site-specific treatment standard variance for selenium waste, 67695-67696 04-25717 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 67730 04-25713 Weekly receipts, 67729-67730 04-25711 Pesticide, food, and feed additive petitions: Syngenta Crop Protection, Inc., 67731-67735 04-25714 Reports and guidance documents; availability, etc.: World Trade Center; indoor environment impacts; sampling program, 67735-67736 04-25715 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness standards:

Special conditions— Thielert Aircraft Engines modified Cessna Model 172 series airplanes, 67636-67638 04-25698 Class E airspace, 67638-67639 04-25699 NOTICES Passenger facility charges; applications, etc.: Fort Collins-Loveland Municipal Airport, CO, 67772 04-25701 Hartsfield-Jackson Atlanta International Airport, GA, 67773 04-25702 FCC Federal Communications Commission NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 67736-67737 04-25743 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 67749-67750 04-25660 Disaster and emergency areas:

New York, 67750-67751 04-25661 Tennessee, 67751 04-25662 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 67715-67718 E4-3260 Environmental statements; notice of intent: AES Ocean Express, L.L.C., 67718-67723 E4-3259 Caledonia Energy Partners, L.L.C., 67723-67724 E4-3258 Natural Gas Pipeline Co. of America, 67724-67726 E4-3251 Hydroelectric applications, E4-3250 67726-67727 E4-3252 Reports and guidance documents; availability, etc.:

Pipeline assessment costs accounting release, 67727-67729 E4-3224 *Applications, hearings, determinations, etc.:* Nicor Gas, 67713 E4-3257 Paiute Pipeline Co., 67713-67714 E4-3208 Trunkline Gas Co., LLC, 67714-67715 E4-3253 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Clackamas County, OR, 67773-67774 04-25673 Federal Reserve Federal Reserve System RULES Extensions of credit by Federal Reserve Banks (Regulation A): Primary and secondary credit— Rates; increase approval, 67635-67636 04-25658 NOTICES Banks and bank holding companies:

Change in bank control, 67737 04-25689 Permissible nonbanking activities, 67737 04-25690 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: Continuous Marketing Applications: Pilot 2 Scientific Feedback and Interactions During Development of Fast Track Products Under PDUFA, 67745-67746 04-25799 Medicare Prescription Drug, Improvement, and Modernization Act of 2003— Listed drugs, 30-month stays, and approval of ANDAs and 505(b)(2) applications under Hatch-Waxman, as amended; questions and answers; correction, 67746-67747 04-25647 MISSING FOR:

Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Wisconsin, 67699-67700 04-25729 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Eastern Arizona Counties, 67697 04-25723 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Scientific misconduct findings; administrative actions:

Sultan, Ali, M.D., Ph.D., 67737 04-25648 Homeland Homeland Security Department See Customs and Border Protection Bureau See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 67753 04-25436 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Morey, Gerald, 67700-67701 04-25696 Meetings:

Regulations and Procedures Technical Advisory Committee, 67701 04-25730 Transportation and Related Equipment Technical Advisory Committee, 67701 04-25731 Interior Interior Department See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes: Section 179 elections; property cost; cross-reference Public hearing canceled, 67681 04-25650 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-25651 67775-67776 04-25652 Meetings:

Electronic Tax Administration Advisory Committee, 67776 04-25740 International International Trade Administration NOTICES Antidumping: Silicon metal from— Brazil, 67702-67703 E4-3263 Antidumping and countervailing duties: Administrative review requests, 67701-67702 E4-3262 Export trade certificates of review, 67703 E4-3254 North American Free Trade Agreement (NAFTA); binational panel reviews: Alloy magnesium from— Canada, 67703 E4-3264 International International Trade Commission NOTICES Import investigations:

Agricultural tractors, lawn tractors, riding lawnmowers, and components, 67757 04-25659 Electronic devices, including power adapters, converters, external batteries, and detachable tips used to power and/or charge mobile electronic products, 67758 04-25735 Nand flash memory circuits and products containing same, 67758-67759 04-25657 Natural bristle paint brushes from— China, 67759 04-25733 Meetings; Sunshine Act, 67759 04-25800 Justice Justice Department See Drug Enforcement Administration NOTICES Meetings:

Violence Against Women National Advisory Committee, 67759-67760 04-25736 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Central Montana, 67753 04-25781 Survey plat filings: New Mexico, 67753-67754 04-25724 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 67765 04-25829 Mine Mine Safety and Health Administration PROPOSED RULES Coal mine safety and health:

Underground coal mining— Air quality, chemical substances, and respiratory protection standards; withdrawn, 67681-67692 04-25678 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67763-67764 04-25687 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Councils, 67765 04-25688 National Archives National Archives and Records Administration PROPOSED RULES Records management: Media neutral records schedules, 67692-67694 04-25691 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Motor vehicle brake fluids, 67654-67660 04-25446 Rear impact guard labels, 67660-67663 04-25704 Rear impact protection; road construction controlled horizontal discharge semitrailers; exclusion from standard, 67663-67668 04-25703 NOTICES Agency information collection activities; proposals, submissions, and approvals, 67774 04-25653 National Institute National Institute of Standards and Technology NOTICES National Fire Codes: Fire safety codes and standards, 67703-67705 04-25734 Technical committee reports, 67705-67706 04-25732 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 67747-67748 04-25671 Meetings:

National Institute of Child Health and Human Development, 67748-67749 04-25670 National Institute of Diabetes and Digestive and Kidney Diseases, 67748 04-25668 Scientific Review Center, 67749 04-25669 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 67668-67669 04-25738 Northeastern United States fisheries— Northeast multispecies, 67779-67804 04-25722 NOTICES Marine mammals:

Incidental taking; authorization letters, etc.— La Jolla, CA; wall replacement and bluff improvement projects; harbor seals, 67706-67711 04-25741 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 67754-67757 04-25654 04-25655 04-25656 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 67765-67766 04-25777 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees: United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003; assignment of functions (EO 13361), 67633-67634 04-25866 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 67766-67767 04-25719 SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 67767 04-25797 Self-regulatory organizations; proposed rule changes: Fixed Income Clearing Corp., 67767-67768 04-25705 International Securities Exchange LLC, 67768-67770 E4-3255 Pacific Exchange, Inc., 67770-67772 E4-3256 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 67775 04-25481 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service U.S.

U.S. Citizenship and Immigration Services NOTICES Immigration: Direct Mail Program— Adjustment of status application, employment authorization, and travel authorization; filing address, 67751-67752 04-25679 Veterans Veterans Affairs Department NOTICES Meetings: Homeless Veterans Advisory Committee, 67777 04-25728 Veterans Health Administration Resident Education Advisory Committee, 04-25727 67777-67778 04-25796 Reports and guidance documents; availability, etc.: Women Veterans Advisory Committee; annual report, 67778 04-25726 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 67779-67804 04-25722 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. 69 223 Friday, November 19, 2004 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 201 [Regulation A] Extensions of Credit by Federal Reserve Banks AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule.

SUMMARY: The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action. DATES: The amendments to part 201 (Regulation A) are effective November 19, 2004. The rate changes for primary and secondary credit were effective on the dates specified in 12 CFR 201.51, as amended.

FOR FURTHER INFORMATION CONTACT: Jennifer J. Johnson, Secretary of the Board

(202)452-3259; for users of Telecommunication Devices for the Deaf

(TDD)only, contact

(202)263-4869. SUPPLEMENTARY INFORMATION: The Federal Reserve Banks make primary and secondary credit available to depository institutions as a backup source of funding on a short-term basis, usually overnight. The primary and secondary credit rates are the interest rates that the twelve Federal Reserve Banks charge for extensions of credit under these programs. In accordance with the Federal Reserve Act, the primary and secondary credit rates are established by the boards of directors of the Federal Reserve Banks, subject to the review and determination of the Board. The Board approved requests by the Reserve Banks to increase by 25 basis points the primary credit rate in effect at each of the twelve Federal Reserve Banks, thereby increasing from 2.75 percent to 3.00 percent the rate that each Reserve Bank charges for extensions of primary credit. As a result of the Board's action on the primary credit rate, the rate that each Reserve Bank charges for extensions of secondary credit automatically increased from 3.25 percent to 3.50 percent under the secondary credit rate formula. The final amendments to Regulation A reflect these rate changes. The 25-basis-point increase in the primary credit rate was associated with a similar increase in the target for the federal funds rate (from 1.75 percent to 2.00 percent) approved by the Federal Open Market Committee (Committee) and announced at the same time. A press release announcing these actions indicated that: The Committee believes that, even after this action, the stance of monetary policy remains accommodative and, coupled with robust underlying growth in productivity, is providing ongoing support to economic activity. Output appears to be growing at a moderate pace despite the rise in energy prices, and labor market conditions have improved. Inflation and longer-term inflation expectations remain well contained. The Committee perceives the upside and downside risks to the attainment of both sustainable growth and price stability for the next few quarters to be roughly equal. With underlying inflation expected to be relatively low, the Committee believes that policy accommodation can be removed at a pace that is likely to be measured. Nonetheless, the Committee will respond to changes in economic prospects as needed to fulfill its obligation to maintain price stability. Regulatory Flexibility Act Certification Pursuant to the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Board certifies that the new primary and secondary credit rates will not have a significantly adverse economic impact on a substantial number of small entities because the final rule does not impose any additional requirements on entities affected by the regulation. Administrative Procedure Act The Board did not follow the provisions of 5 U.S.C. 553(b) relating to notice and public participation in connection with the adoption of these amendments because the Board for good cause determined that delaying implementation of the new primary and secondary credit rates in order to allow notice and public comment would be unnecessary and contrary to the public interest in fostering price stability and sustainable economic growth. For these same reasons, the Board also has not provided 30 days prior notice of the effective date of the rule under section 553(d). 12 CFR Chapter II List of Subjects in 12 CFR Part 201 Banks, Banking, Federal Reserve System, Reporting and recordkeeping. Authority and Issuance For the reasons set forth in the preamble, the Board is amending 12 CFR chapter II to read as follows: PART 201—EXTENSIONS OF CREDIT BY FEDERAL RESERVE BANKS (REGULATION A) 1. The authority citation for part 201 continues to read as follows: Authority: 12 U.S.C. 248(i)-(j), 343 *et seq.* , 347a, 347b, 347c, 348 *et seq.* , 357, 374, 374a, and 461. 2. In § 201.51, paragraphs

(a)and

(b)are revised to read as follows: § 201.51 Interest rates applicable to credit extended by a Federal Reserve Bank. 1 1 The primary, secondary, and seasonal credit rates described in this section apply to both advances and discounts made under the primary, secondary, and seasonal credit programs, respectively.

(a)*Primary credit.* The interest rates for primary credit provided to depository institutions under § 201.4(a) are: Federal Reserve Bank Rate Effective Boston 3.00 Nov. 10, 2004. New York 3.00 Nov. 10, 2004. Philadelphia 3.00 Nov. 10, 2004. Cleveland 3.00 Nov. 10, 2004. Richmond 3.00 Nov. 10, 2004. Atlanta 3.00 Nov. 10, 2004. Chicago 3.00 Nov. 10, 2004. St. Louis 3.00 Nov. 12, 2004. Minneapolis 3.00 Nov. 10, 2004. Kansas City 3.00 Nov. 10, 2004. Dallas 3.00 Nov. 12, 2004. San Francisco 3.00 Nov. 10, 2004.

(b)*Secondary credit.* The interest rates for secondary credit provided to depository institutions under 201.4(b) are: Federal Reserve Bank Rate Effective Boston 3.50 Nov. 10, 2004. New York 3.50 Nov. 10, 2004. Philadelphia 3.50 Nov. 10, 2004. Cleveland 3.50 Nov. 10, 2004. Richmond 3.50 Nov. 10, 2004. Atlanta 3.50 Nov. 10, 2004. Chicago 3.50 Nov. 10, 2004. St. Louis 3.50 Nov. 12, 2004. Minneapolis 3.50 Nov. 10, 2004. Kansas City 3.50 Nov. 10, 2004. Dallas 3.50 Nov. 12, 2004. San Francisco 3.50 Nov. 10, 2004. By order of the Board of Governors of the Federal Reserve System, November 15, 2004. Jennifer J. Johnson, Secretary of the Board. [FR Doc. 04-25658 Filed 11-18-04; 8:45 am]

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