Unknown. Final rule; technical amendments

3,409 words·~15 min read·/register/2004/11/24/04-26042

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-11-24.xml --- 69 226 Wednesday, November 24, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.: Nonregulated status determinations— Monsanto Co. et al.; alfalfa genetically engineered to be glyphosate tolerant, 68300-68301 E4-3315 Monsanto Co. et al.; genetically engineered glyphosate-tolerant cotton, 68301-68302 E4-3316 Meetings:

National Poultry Improvement Plan General Conference Committee, 68302 E4-3314 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-26020 68373-68377 04-26021 04-26022 04-26023 04-26024 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-25991 68377-68379 04-25992 04-25993 04-25994 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Taiwan; correction, 68327 E4-3333 Defense Defense Department NOTICES Meetings: Science Board task forces, 68327 04-25983 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Hart Associates, Inc., et al., 68305 04-26019 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions: ARINC Inc., 68391-68398 04-26067 Comerica Bank, 68398-68404 04-26068 Energy Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration NOTICES Environmental statements; notice of intent:

Radioisotope power systems production; nuclear activity consolidation; correction, 68327 04-26035 Presidential permit applications: Boise Cascade Corp. et al., 68327-68328 04-26040 Senior Executive Service: Performance Review Board; membership, 68328-68329 04-26036 04-26037 EPA Environmental Protection Agency PROPOSED RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Trifluralin, 68287-68299 04-25941 Water pollution control: National Pollutant Discharge Elimination System— Cooling water intake structures at Phase III facilities; requirements, 68443-68565 04-24913 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68340-68350 04-26072 04-26073 04-26078 04-26079 Air pollution control:

State operating permits programs— Georgia, 68350 04-26080 Committees; establishment, renewal, termination, etc.: Clean Air Scientific Advisory Committee, 68350-68352 04-26081 Pesticide programs: Risk assessments— Ethylenebisdithiocarbamates and ethylene thiourea, 68352-68355 04-26132 Pesticide registration, cancellation, etc.: 4-chloro-2-methylphenoxy acetic acid (MCPA), 68355-68357 04-25944 Captan, 68357-68360 04-26083 Cycloate, 68360-68362 04-26084 Thiophanate-methyl, 68362-68364 04-26082 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Rolls-Royce Deutschland Ltd. & Co. KG, 68251-68252 04-25790 PROPOSED RULES Airworthiness directives: BAE Systems (Operations) Ltd., 68265-68267 04-26032 Boeing, 04-26027 04-26028 04-26029 68268-68270, 68272-68280 04-26031 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 68270-68272 04-26030 FCC Federal Communications Commission RULES Radio stations; table of assignments: California, 68256 04-26062 NOTICES Common carrier services: Multiple address systems licenses in 928-959 and 932-941 MHz bands; reserve prices or minimum opening bids and other auction procedures, 68364-68369 04-26061 Federal Election Federal Election Commission RULES Bipartisan Campaign Reform Act; implementation:

Disclaimers and personal use of campaign funds; technical amendments, 68237-68238 04-26042 NOTICES Meetings; Sunshine Act, 68369 04-26199 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 68329-68330 E4-3326 California Independent System Operator Corp., 68330 E4-3321 Dominion Cove Point LNG, LP, 68330 E4-3324 Dominion Transmission, Inc., 68331 E4-3322 East Tennessee Natural Gas, LLC, 68331 E4-3323 El Paso Electric Co., 68331-68332 E4-3329 Maritimes & Northeast Pipeline, L.L.C., 68332 E4-3325 Midwestern Gas Transmission Co., 68332-68333 E4-3312 Natural Gas Pipeline Co. of America, 68333 E4-3320 Northern Natural Gas Co., 68333 E4-3327 Sabine Pipe Line LLC, 68333-68334 E4-3328 Tennessee Gas Pipeline Co., 68334 E4-3311 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 68369 04-26064 Ocean transportation intermediary licenses:

Cargo Link International et al., 68369-68370 04-26065 FTC Federal Trade Commission RULES Fair and Accurate Credit Transactions Act; implementation: Consumer report information and records; disposal, 68689-68697 04-25937 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— California tiger salamander, 68567-68609 04-25775 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68386-68387 04-25899 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Estradiol benzoate and testosterone propinate, 68252-68253 04-25977 Trenbolone acetate and estradiol, 68253 04-25978 Biological products: Human cellular and tissue-based products manufacturers; current good tissue practice; inspection and enforcement, 68611-68688 04-25798 Medical devices: Clinical chemistry and toxicology devices— Newborn screening test systems for amino acids, free carnitine, and acylcarnitines using tandem mass spectometry; classification, 68254-68255 04-25975 PROPOSED RULES Environmental impact considerations;

Humanitarian device exemption; categorical exclusion, 68280-68282 04-25974 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68379-68381 04-26048 Reports and guidance documents; availability, etc.: Early food safety evaluation of new non-pesticidal proteins produced by new plant varieties intended for food use, 68381-68383 04-26049 Newborn screening test systems for amino acids, free carnitine, and acylcarnitines using tandem mass spectometry;

Class II special controls, 68383-68384 04-25976 Streptogramin resistance in enterococcus faecium attributable to use of streptogramins in animals; risk assessment, 68384-68385 04-25979 Foreign Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.: Catfish Farmers of America, 68302-68303 04-26085 Georgia Shrimp Association, 68303 04-26086 Forest Forest Service NOTICES Environmental statements; availability, etc.: Rio Grande National Forest, CO., 68303 04-26052 Environmental statements; notice of intent:

Black Hills National Forest, WY, 68303-68304 04-25972 Meetings: Willamette Province Advisory Committee, 68305 04-26018 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 State assistance expenditures; Federal financial participation (2006 FY), 68370-68373 04-26056 Homeland Homeland Security Department See Transportation Security Administration NOTICES Meetings:

Homeland Security Advisory Council, 68385-68386 04-26057 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Federally assisted programs subject to Civil Rights Act nondiscrimination provisions; list, 68699-68704 04-25986 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Halear, Inc., 68306-68307 04-25987 Spear, Bernard A., 68307-68309 04-25988 Meetings: Materials Processing Equipment Technical Advisory Committee, 68309 04-26043 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Procedure and administration:

Timely mailing of documents and payments treated as timely filing and paying Public hearing, 68282-68283 04-26063 International International Trade Administration NOTICES Antidumping: Carbon and alloy steel wire rod from— Canada, 68309-68312 04-26060 Antidumping and countervailing duties: Administrative review requests; correction, 68309 04-26176 Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 68387-68389 04-25997 04-25998 Meetings:

Resource Advisory Councils— Northeast California, 68389-68390 04-25989 Survey plat filings: Montana, 68390 04-26026 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 68312 04-26058 Fishery conservation and management: Magnuson-Stevens Act provisions— Bering Sea and Aleutian Islands king and tanner crabs; fishing capacity reduction program, 68313-68327 04-26059 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 68390-68391 04-26003 Environmental statements; availability, etc.:

Big Thicket National Preserve, TX; plan of operations and floodplain and wetlands statements, 68391 04-26004 Meetings: Flight 93 National Memorial Advisory Commission, 68391 04-26002 National Transportation National Transportation Safety Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 68408 04-26053 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 68408 04-26006 Meetings:

Reactor Safeguards Advisory Committee, 68411-68412 04-26005 Reports and guidance documents; availability, etc.: Inoperability of snubbers; technical specifications improvement to modify requirements regarding addition of LCO 3.0.8; model safety evaluation, 68412-68420 04-26008 *Applications, hearings, determinations, etc.:* Florida Power & Light Co., 68408-68410 04-26007 Occupational Occupational Safety and Health Administration RULES Occupational safety and health standards:

National consensus standards and industry standards; clarification and deletion of outdated references, 68711-68717 04-26045 PROPOSED RULES Occupational safety and health standards: National consensus standards; update, 68283-68285 04-26047 National consensus standards and industry standards; clarification and deletion of outdated references, 68705-68711 04-26046 NOTICES Agency information collection activities; proposals, submissions, and approvals, 68404-68405 04-26044 Nationally recognized testing laboratories, etc.:

Communication Certification Laboratory, Inc., 68405-68407 04-26012 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 68421-68422 04-26051 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Farm-City Week (Proc. 7847), 68751-68753 04-26260 Railroad Railroad Retirement Board NOTICES Railroad Unemployment Insurance Act:

Experience rating proclamations, monthly compensation base, and other determinations (2005 CY), 68422-68423 04-25973 SEC Securities and Exchange Commission NOTICES Public Company Accounting Oversight Board: Audit of internal control over financial reporting performed in conjunction with an audit of financial statements; proposed rules filed, 68434-68435 E4-3310 Public Utility Holding Company Act of 1935 filings, 68424-68431 E4-3332 Self-regulatory organizations; proposed rule changes:

Municipal Securities Rulemaking Board, 68431-68434 E4-3308 E4-3309 *Applications, hearings, determinations, etc.:* Southwest Gas Corp., 68423-68424 E4-3331 SBA Small Business Administration NOTICES Disaster and emergency areas: Georgia, 68435 04-26015 Hawaii, 68435 04-26014 Maryland, 68435-68436 04-26016 New York, 68436 04-26013 Southwestern Southwestern Power Administration NOTICES Power rates: Sam Rayburn Dam rate schedule, 68339-68340 04-26038 Integrated System rate schedules, 68334-68339 04-26039 State State Department NOTICES Art objects; importation for exhibition:

In the Russian Tradition: A Historic Collection of 20th-Century Russian Paintings, 68436 04-26170 International Joint Commission: Boundary Waters Treaty of 1909— Alburg-Swanton Bridge, VT; partial removal of existing causeway; public hearing, 68437 04-26050 Meetings: Overseas Buildings Operations Industry Advisory Panel, 68437 04-26169 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Drug Testing Advisory Board, 68385 04-26025 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions:

Pennsylvania, 68285-68287 04-25971 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 68440 04-25932 Union Pacific Railroad Co., 04-26054 68440-68441 04-26055 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office RULES Economic Growth and Regulatory Paperwork Reduction Act; implementation: Application and reporting requirements, 68239-68251 04-26010 PROPOSED RULES Community Reinvestment Act; implementation:

Community development; definition and assigned ratings, 68257-68265 04-26011 Trade Trade Representative, Office of United States NOTICES Reports and guidance documents; availability, etc.: Foreign Trade Barriers; National Trade Estimate Report; comment request, 68437-68438 04-26034 Telecommunications trade agreements; compliance; comment request, 68439 04-26033 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Transportation Transportation Security Administration RULES Maritime and land transportation security:

Commercial drivers licenses; hazardous materials endorsement; security threat assessment, 68719-68749 04-26066 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 68441-68442 04-26009 Separate Parts In This Issue Part II Environmental Protection Agency, 68443-68565 04-24913 Part III Interior Department, Fish and Wildlife Service, 68567-68609 04-25775 Part IV Health and Human Services Department, Food and Drug Administration, 68611-68688 04-25798 Part V Federal Trade Commission, 68689-68697 04-25937 Part VI Housing and Urban Development Department, 68699-68704 04-25986 Part VII Labor Department, Occupational Safety and Health Administration, 04-26045 68705-68717 04-26046 Part VIII Homeland Security Department, Transportation Security Administration, 68719-68749 04-26066 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. 69 226 Wednesday, November 24, 2004 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Parts 100, 104, 110, and 113 [Notice 2004-16] Technical Amendments to Bipartisan Campaign Reform Act (“BCRA”) Rules and Explanation and Justification AGENCY:

Federal Election Commission. ACTION: Final rule; technical amendments. SUMMARY: The Commission is making technical amendments to correct certain citations and headings in the BCRA final rules governing the definitions of “contribution” and “expenditure,” personal use of campaign funds, and reporting. Corrections are also being made to the explanation and justification for the BCRA rules on disclaimers and personal use of campaign funds. Further information is provided in the supplementary information that follows.

DATES: *Effective Date:* November 24, 2004. FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General Counsel, or Ms. Cheryl A.F. Hemsley, Attorney, 999 E Street, NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: The final rules and the explanation and justification that are the subject of these corrections were published as part of a continuing series of regulations the Commission promulgated implementing the Bipartisan Campaign Reform Act of 2002 (Pub. L. 107-155, 116 Stat. 81 (March 27, 2002)) (“BCRA”). Because these corrections are merely technical and nonsubstantive, they are not a substantive rule requiring notice and comment under the Administrative Procedure Act, 5 U.S.C. 553. Under the “good cause” exception to the notice and comment requirements, 5 U.S.C. 553(b)(B) and 553(d)(3), the final rules are effective upon publication. Thus the corrected final rules are effective November 24, 2004. I. Corrections to BCRA Rules in Title 11 of the Code of Federal Regulations A. Correction to 11 CFR 100.77 The Commission is correcting two citations containing typographical errors in this section. Specifically, the references to §§ 100.65 and 100.66 were erroneous and are being changed to §§ 100.75 and 100.76, respectively. B. Correction to 11 CFR 100.89 The Commission is correcting the title of this section. Specifically, a parenthetical contained in the title erroneously referred to a “ ‘coattails’ exception.” This parenthetical is being removed. C. Correction to 11 CFR 100.149 The Commission is correcting the title of this section. Specifically, a parenthetical contained in the title erroneously referred to a “ ‘coattails’ exception.” This parenthetical is being removed. D. Correction to 11 CFR 104.5 The Commission is correcting two citations containing typographical errors in section 104.5(c)(3)(ii). Specifically, the references to paragraphs (a)(1)(i) and (a)(1)(ii) were erroneous and are being changed to paragraphs (a)(1)(ii) and (a)(1)(iii), respectively. E. Correction to 11 CFR Part 113 The title to 11 CFR part 113 is also being corrected. On December 13, 2002, the title of 11 CFR part 113 was changed to reflect the new post-BCRA regulations therein, *i.e.* , “Use of Campaign Accounts for Non-Campaign Purposes.” 67 FR 76962. However, on December 26, 2002, the title of part 113 was inadvertently changed back to its pre-BCRA wording, *i.e.* , “Excess Campaign Funds and Funds Donated to Support Federal Officeholder Activities.” Accordingly, the Commission is now restoring the correct wording of the title. II. Corrections to BCRA Explanation and Justification Regarding Disclaimers and Personal Use of Campaign Funds The Commission published a document in the **Federal Register** of December 13, 2002, at 67 FR 76962, containing final rules relating to disclaimers, fraudulent solicitations, civil penalties, and personal use of campaign funds. The portions of the explanation and justification regarding disclaimers and personal use of campaign funds contained

(1)an instance of erroneous language,

(2)an erroneous reference and

(3)an erroneous omission, each of which is being corrected, as discussed below. A. Correction to Explanation and Justification for 11 CFR 110.11—Communications; Advertising; Disclaimers The published explanation and justification for 11 CFR 110.11(c)(4), concerning radio and television communications, mistakenly included two sentences referring to a disclaimer for communications transmitted through a telephone bank. *See* 67 FR at 76967. Accordingly, these sentences are being removed. Specifically, on page 76967, 67 FR at 76967, second column, the following two sentences are being removed from lines twenty-four through thirty-four: “Paragraph (c)(4) also requires that communications transmitted through a telephone bank, as defined in 11 CFR 100.28, carry the same statement. *See* discussion regarding the inclusion of telephone banks within the term ‘public communication,’ above, and the discussion of specific requirements for radio, telephone bank, and television communications authorized by candidates, above.” B. Correction to Explanation and Justification for 11 CFR Part 113—Use of Campaign Accounts for Non-Campaign Purposes Two corrections to the published explanation and justification for 11 CFR part 113 are necessary. First, the published explanation and justification erroneously referred to a portion of the pre-BCRA title of part 113 in describing the title change being effected in the corresponding regulations. *See* 67 FR at 76971. Accordingly, the reference to the title of part 113 is being corrected to reflect the post-BCRA wording. Specifically, on page 76971, first column, lines nineteen through twenty-one, the reference to “Campaign Funds and Funds Donated to Support Federal Officeholder Activities” is being corrected to read “Use of Campaign Accounts for Non-Campaign Purposes.” Second, although the text of the explanation and justification approved by the Commission stated that “Authorized committees may not make contributions * * *” (emphasis added), the published explanation and justification erroneously omitted the word “not” from this sentence. *See* 67 FR at 76975. Accordingly, this sentence is being corrected to include the omitted word. Specifically, on page 76975, second column, lines three through ten, the sentence “Authorized committees may make contributions to organizations other than those described in section 170(c) of the Internal Revenue Code of 1986 and other authorized committees (subject to the $1,000 limit) unless those contributions are in connection with the campaign for Federal office of the authorizing candidate” is being corrected to read “Authorized committees may not make contributions to organizations other than those described in section 170(c) of the Internal Revenue Code of 1986 and other authorized committees (subject to the $1,000 limit) unless those contributions are in connection with the campaign for Federal office of the authorizing candidate.” Correction of Publication In FR Doc 02-31521, published on December 13, 2002 (67 FR 76962), make the following corrections. 1. On page 76967, in the second column, in line twenty-four, remove “Paragraph (c)(4) also requires that communications transmitted through a telephone bank, as defined in 11 CFR 100.28, carry the same statement. *See* discussion regarding the inclusion of telephone banks within the term “public communication,” above, and the discussion of specific requirements for radio, telephone bank, and television communications authorized by candidates, above.” 2. On page 76971, in the first column, in line nineteen remove “Campaign Funds and Funds Donated to Support Federal Officeholder Activities” and add “Use of Campaign Accounts for Non-Campaign Purposes” in its place. 3. On page 76975, in the second column, in line three remove “Authorized committees may make contributions to organizations other than those described in section 170(c) of the Internal Revenue Code of 1986 and other authorized committees (subject to the $1,000 limit) unless those contributions are in connection with the campaign for Federal office of the authorizing candidate” and add “Authorized committees may not make contributions to organizations other than those described in section 170(c) of the Internal Revenue Code of 1986 and other authorized committees (subject to the $1,000 limit) unless those contributions are in connection with the campaign for Federal office of the authorizing candidate” in its place. List of Subjects 11 CFR Part 100 Elections. 11 CFR Part 104 Campaign funds, political committees and parties, reporting and recordkeeping requirements. 11 CFR Part 110 Campaign funds, and political committees and parties. 11 CFR Part 113 Campaign funds. For the reasons set out in the preamble, subchapter A of chapter I of title II of the *Code of Federal Regulations* is amended as follows: PART 100—SCOPE AND DEFINITIONS (2 U.S.C. 431) 1. The authority citation for part 100 continues to read as follows: Authority: 2 U.S.C. 431, 434, 438(a)(8). 2. In the table below, for each section indicated in the left column, remove the citation indicated in the middle column, and replace it with the citation indicated in the right column: Section Remove Add 100.77 100.65 100.75 100.77 100.66 100.76 3. Section 100.89 is amended by revising the heading to read as follows: § 100.89 Voter registration and get-out-the-vote activities for Presidential candidates. 4. Section 100.149 is amended by revising the heading to read as follows: § 100.149 Voter registration and get-out-the-vote activities for Presidential candidates. PART 104—REPORTS BY POLITICAL COMMITTEES AND OTHER PERSONS (2 U.S.C. 434) 5. The authority citation for part 104 continues to read as follows: Authority: 2 U.S.C. 431(1), 431(8), 431(9), 432(i), 434, 438(a)(8) and (b), 439a, 441a, and 36 U.S.C. 510. 6. In the table below, for each section indicated in the left column, remove the citation indicated in the middle column, and replace it with the citation indicated in the right column: Section Remove Add 104.5(c)(3)(ii) 104.5(a)(1)(i) 104.5(a)(1)(ii) 104.5(c)(3)(ii) 104.5(a)(1)(ii) 104.5(a)(1)(iii) PART 113—USE OF CAMPAIGN ACCOUNTS FOR NON-CAMPAIGN PURPOSES 7. Part 113 is amended by revising the heading to read as set forth above. 8. The authority for part 113 continues to read as follows: Authority: 2 U.S.C. 432(h), 438(a)(8), 439a, 441a. Dated: November 19, 2004. Bradley A. Smith, Chairman, Federal Election Commission. [FR Doc. 04-26042 Filed 11-23-04; 8:45 am]

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