Unknown. Interim rule

3,505 words·~16 min read·/register/2004/12/01/04-26440

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-2004-12-01.xml --- 69 230 Wednesday, December 1, 2004 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Meetings: 2005 White House Conference on Aging Policy Committee, 69941 04-26438 Agricultural Agricultural Marketing Service PROPOSED RULES Cranberries grown in— Massachusetts et al., 69995-70014 04-26445 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Natural Resources Conservation Service Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 69941-69944 04-26486 04-26487 04-26488 04-26489 Meetings:

National Institute for Occupational Safety and Health— Radiation and Worker Health Advisory Board, 69944-69945 04-26490 Commerce Commerce Department 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, 04-26512 04-26513 69886-69887 04-26514 Copyright Copyright Office, Library of Congress RULES Copyright Arbitration Royalty Panel rules and procedures:

Musical compositions performance by colleges and universities; cost of living adjustment, 69822-69823 04-26265 Defense Defense Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-26430 69894-69897 04-26431 04-26432 04-26433 04-26434 04-26435 04-26436 04-26437 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 69897-69898 04-26471 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Comprehensive School Reform Quality Initiatives Program, 69898-69900 E4-3404 Special education and rehabilitative services: Blind vending facilities under Randolph-Sheppard Act— Arbitration panel decisions, 69900-69901 E4-3400 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; record of decision: Foreign research reactor spent nuclear fuel; nuclear weapons nonproliferation policy, 69901-69903 04-26470 Meetings:

Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 69903 04-26469 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Oregon, 69823-69826 04-26476 PROPOSED RULES Air pollutants, hazardous; national emission standards: Electric utility steam generating units, 69864-69878 04-26579 Air quality implementation plans; approval and promulgation; various States: Oregon, 69863-69864 04-26475 NOTICES Agency information collection activities; proposals, submissions, and approvals, 69909-69913 04-26477 Grants and cooperative agreements; availability, etc.:

Childhood lead poisoning reduction, 69913-69919 04-26474 National Agricultural Workers Pesticide Safety Training and Education Program, 69919-69923 04-26397 Superfund; response and remedial actions, proposed settlements, etc.: Jehl Cooperage Co. Inc. Site, TN, 69923 04-26478 Middlesboro, Tannery Site, KY, 69923-69924 04-26479 Water pollution control: Total maximum daily loads— Barataria river basin, LA, 69924 04-26481 Farm Farm Credit System Insurance Corporation NOTICES Meetings;

Sunshine Act, 69924-69925 04-26573 FAA Federal Aviation Administration RULES Airworthiness directives: Bell Helicopter Textron Canada, 69810-69814 04-26425 Rolls-Royce Corp., 69807-69809 04-26424 PROPOSED RULES Airworthiness directives: BAE Systems (Operations) Ltd., 69834-69836 04-26496 Boeing, 69844-69847 04-26492 69838-69842 04-26494 69832-69834 04-26497 Bombardier, 69842-69844 04-26493 British Aerospace, 69829-69831 04-26498 Saab, 69836-69838 04-26495 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 69907-69908 E4-3396 Meetings:

Malad Hydroelectric Project, ID, 69908 E4-3395 Off-the-record communications, 69908-69909 E4-3397 *Applications, hearings, determinations, etc.:* Equitrans, L.P., 69903-69904 E4-3399 Gulf South Pipeline Co., LP, 69904 E4-3390 NorthPoint Energy Solutions, Inc., 69904-69905 E4-3392 Oasis Power Partners, LLC, 69905 E4-3394 Seafarer US Pipeline System, Inc., 69905-69906 E4-3391 Styrka Energy Master Fund LLC, 69906-69907 E4-3393 Transwestern Pipeline Co., LLC; correction, 69907 E4-3398 Federal Highway Federal Highway Administration RULES Engineering and traffic operations:

Uniform Traffic Control Devices Manual for streets and highways; 24-hour pharmacies; specific and general service signing, 69815-69819 04-26417 NOTICES Environmental statements; availability, etc.: Fairfax County, VA, 69989-69990 04-26501 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 69925 04-26427 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 04-26457 69925 04-26458 Permissible nonbanking activities, 69925 04-26459 Reports and guidance documents; availability, etc.:

Payments system risk; policy statements, 69926-69940 04-26444 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Munz's onion, 69878-69882 04-26473 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69945 04-26441 Forest Forest Service NOTICES Environmental statements; notice of intent: Caribou-Targhee National Forest, ID, 69883 04-26468 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-26436 04-26437 69897, 69940-69941 04-26455 Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 69897-69898 04-26471 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions: Indiana, 69883-69884 04-26289 Minnesota, 69884 04-26288 Various States, 69884-69885 04-26290 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program:

Vaccine Injury Table; inclusion of Hepatitis A vaccines, 69945-69946 04-26273 Housing Housing and Urban Development Department PROPOSED RULES Manufactured home construction and safety standards: Manufacturing Housing Consensus Committee recommendations, 70015-70050 04-26381 Industry Industry and Security Bureau RULES Export administration regulations: License conditions; licensee's responsibility to communicate Correction, 69814-69815 04-26518 NOTICES Export privileges, actions affecting:

Technology Options (India) Pvt. Ltd. et al., 69887-69889 04-26519 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Employment taxes and collection of income taxes at source: Federal unemployment tax deposits; de minimis threshold, 69819-69820 04-26511 International International Trade Administration NOTICES Antidumping:

Heavy forged hand tools, finished or unfinished, with or without handles from— China, 69892-69893 E4-3413 Antidumping and countervailing duties: Administrative review requests, 69889-69891 E4-3415 Five-year (sunset) reviews— Initiation of reviews, 69891-69892 E4-3414 International International Trade Commission NOTICES Import investigations: Absorbent garments, 69951 04-26485 Carbon steel butt-weld pipe fittings from— Various countries, 69952-69954 04-26482 Granular polytetrafluoroethylene resin from— Italy and Japan, 69954-69957 04-26483 Hand trucks and certain parts from— China, 69957 04-26484 Justice Justice Department NOTICES Pollution control; consent judgments:

Iowa Turkey Products, Inc., 69957 04-26509 Wainwright Industries, Inc., 69958 04-26510 Labor Labor Department See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69958-69959 04-26449 04-26450 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Sierra Front-Northwestern Great Basin, 69948 04-26491 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69959-69960 04-26451 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69896 04-26436 69897 04-26437 Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 69897-69898 04-26471 National Indian National Indian Gaming Commission PROPOSED RULES Management contract provisions: Minimum internal control standards, 69847-69863 04-26041 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation requirements— Shrimp trawling requirements; State waters of Alabama and Louisiana; limited tow times use as alternative to turtle excluder devices, 69826-69828 04-26500 Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 69828 04-26499 NOTICES Reports and guidance documents; availability, etc.: Environmental information partnerships; public information products and services; policy statement, 69893 04-26419 NRCS Natural Resources Conservation Service NOTICES Reports and guidance documents; availability, etc.: National Handbook of Conservation Practices; conservation practice standards, new or revised, 69885-69886 04-26446 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 69893-69894 04-26503 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:

Allocation of assets— Valuation of benefits and assets; expected retirement age, 69821-69822 04-26429 Benefits payable in terminated plans; disclosure to participants, 69820-69821 04-26428 Personnel Personnel Management Office RULES Retirement: Federal Employees Retirement System— Death benefits and employee refunds, 69805-69807 04-26440 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 69960-69962 E4-3408 Boston Stock Exchange, Inc., 69962-69963 E4-3405 Chicago Board Options Exchange, Inc., 69964-69971 E4-3401 E4-3403 E4-3406 E4-3407 National Association of Securities Dealers, Inc., 69971-69973 04-26460 New York Stock Exchange, Inc., 69974 E4-3402 Philadelphia Stock Exchange, Inc., 69974-69984 E4-3409 E4-3410 E4-3411 E4-3412 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

Eastern Europe and Independent States of Former Soviet Union Research and Training Program, 69984-69988 04-26506 Meetings: Public Diplomacy, U.S. Advisory Commission, 69988 04-26505 Shipping Coordinating Committee, 69988-69989 04-26504 Nonproliferation measures imposition: Chinese and North Korean entities, 69989 04-26508 Reports and guidance documents; availability, etc.: Alternative fueled vehicle report (2004 FY), 69989 04-26507 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 69946-69948 04-26426 Surface Surface Mining Reclamation and Enforcement Office NOTICES Environmental statements; notice of intent:

Black Mesa and Kayenta coal mines, coal slurry pipeline, and c-aquifer water supply system; AZ and NV, 69949-69951 04-26439 Surface Surface Transportation Board NOTICES Rail carriers: Waybill data; release for use, 69990 04-26378 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 69990-69994 04-26461 04-26462 04-26463 04-26464 04-26465 04-26466 04-26467 Separate Parts In This Issue Part II Agriculture Department, Agricultural Marketing Service, 69995-70014 04-26445 Part III Housing and Urban Development Department, 70015-70050 04-26381 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. 69 230 Wednesday, December 1, 2004 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 841, 842, and 843 RIN 3206-AK57 Federal Employees' Retirement System; Death Benefits and Employee Refunds AGENCY: Office of Personnel Management.

ACTION: Interim rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing an interim rule to revise the table of reduction factors for early commencing dates of survivor annuities for spouses of separated employees who die before the date on which they would be eligible for unreduced deferred annuities, and to revise the annuity factor for spouses of deceased employees who die in service when those spouses elect to receive the basic employee death benefit in 36 installments under the Federal Employees' Retirement System

(FERS)Act of 1986. These rules are necessary to conform the tables to the previously published economic assumptions adopted by the Board of Actuaries. DATES: This interim rule is effective October 1, 2004. We must receive your comments by January 3, 2005. ADDRESSES: You may submit comments, identified by RIN number 3206-AK57, by any of the following methods: • Federal eRulemaking Portal: *http://www.regulations.gov* . Follow the instructions for submitting comments. • E-mail: *combox@opm.gov.* Include RIN number 3206-AK57 in the subject line of the message. • Mail: Mary Ellen Wilson, Chief, Retirement Group, Office of Personnel Management, 1900 E Street NW., Washington, DC 20415-3200. FOR FURTHER INFORMATION CONTACT: Patrick Jennings,

(202)606-0299. SUPPLEMENTARY INFORMATION: On September 24, 2003, OPM published a notice in the **Federal Register** at 68 FR 55296 to revise the normal cost percentage under the Federal Employees' Retirement System

(FERS)Act of 1986, Public Law 99-335, 100 Stat. 514, based on changed economic assumptions and demographic factors adopted by the Board of Actuaries of the Civil Service Retirement System. Those changed economic assumptions (principally the change in expected investment return from 6.75 percent to 6.25 percent) require corresponding changes in factors used to produce actuarially equivalent benefits when required by the FERS Act. Section 843.309 of title 5, Code of Federal Regulations, regulates the payment of the basic employee death benefit. Under 5 U.S.C. 8442(b), the basic employee death benefit may be paid as a lump sum or as an equivalent benefit in 36 installments. These rules amend 5 CFR 843.309(b)(2) to conform the factor used to convert the lump sum to 36-installment payments with the revised economic assumptions. Section 843.311 of title 5, Code of Federal Regulations, regulates the benefits for the survivors of separated employees under 5 U.S.C. 8442(c). This section provides a choice of benefits for eligible current and former spouses. If the current or former spouse is the person entitled to the unexpended balance under the order of precedence under 5 U.S.C. 8424, he or she may elect to receive the unexpended balance instead of an annuity. Alternatively, an eligible current or former spouse may elect to receive an annuity commencing on the day after the employee's death or on the deceased separated employee's 62nd birthday. If the annuity commences on the deceased separated employee's 62nd birthday, it equals 50 percent of the annuity that the separated employee would have received when he or she attained age 62. If the current or former spouse elects the earlier commencing date, the annuity is reduced using the factors in Appendix A to subpart C of part 843 to make the annuity actuarially equivalent to the annuity that he or she would have received if it commenced on the retiree's 62nd birthday. These rules amend that appendix to conform with the revised economic assumptions. We are removing the table of normal cost percentages in Appendix A to subpart D of part 841 because it has no regulatory effect. Updated normal cost rates are published by OPM through a notice in the **Federal Register** . The table in Appendix A merely provides information about the historic rates that have already been published through **Federal Register** notices and is no longer required in the regulation. We are removing the table of the National Average Wage Index in Appendix B to subpart C of part 843, and we are amending 5 CFR 842.504 and 843.308 to delete references to Appendix B. Since the Social Security Administration publishes a notice of the National Average Wage Index annually in the **Federal Register** , we are removing this information from the regulations. The National Average Wage Index is used in 5 CFR 842.504, to determine supplementary benefits payable to a retiree, and in 5 CFR 843.308, to determine supplementary benefits payable on the death of a retiree. Since Appendix B is removed, we are amending sections 842.504 and 843.308 to refer to the National Average Wage Index. Waiver of General Notice of Proposed Rulemaking Under section 553(b)(3)(B) and (d)(3) of title 5, United States Code, I find that good reason exists for waiving the general notice of proposed rulemaking and for making these amendments effective in less than 30 days. The amendments made by this rule are required by changes in economic assumptions that have already been published. Providing a comment period on the result of mathematical computations resulting from the changed economic assumptions is unnecessary, and to the extent that it would delay benefit payments is contrary to the public interest. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation will only affect retirement payments to retired employees, spouses, and former spouses. List of Subjects in 5 CFR Parts 841, 842 and 843 Administrative practice and procedure, Air traffic controllers, Alimony, Claims, Disability benefits, Firefighters, Government employees, Income taxes, Intergovernmental relations, Law enforcement officers, Pensions, Retirement. Kay Coles James, Director. For the reasons stated in the preamble, the Office of Personnel Management amends 5 CFR parts 841, 842 and 843 as follows: PART 841—FEDERAL EMPLOYEES RETIREMENT SYSTEM—GENERAL ADMINISTRATION 1. The authority citation for part 841 continues to read as follows: Authority: 5 U.S.C. 8461; Sec. 841.108 also issued under 5 U.S.C. 552a; subpart D also issued under 5 U.S.C. 8423; Sec. 841.504 also issued under 5 U.S.C. 8422; Sec. 841.507 also issued under section 505 of Pub. L. 99-335; subpart J also issued under 5 U.S.C. 8469; Sec. 841.506 also issued under 5 U.S.C. 7701(b)(2); Sec. 841.508 also issued under section 505 of Pub. L. 99-335; Sec. 841.604 also issued under Title II, Pub. L. 106-265, 114 Stat. 780. Subpart D—Government Costs 2. Remove Appendix A to subpart D of part 841. PART 842—FEDERAL EMPLOYEES RETIREMENT SYSTEM—BASIC ANNUITY 3. The authority citation for part 842 is revised to read as follows: Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under sections 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.105 also issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec. 842.106 also issued under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by section 153 of Pub. L. 104-134, 110 Stat. 1321-102; Sec. 842.107 also issued under sections 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251, and section 7(b) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.108 also issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.213 also issued under 5 U.S.C. 8414(b)(1)(B) and section 1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Secs. 842.604 and 842.611 also issued under 5 U.S.C. 8417; Sec. 842.607 also issued under 5 U.S.C. 8416 and 8417; Sec. 842.614 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued under 5 U.S.C. 8418; Sec. 842.703 also issued under section 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388; Sec. 842.707 also issued under section 6001 of Pub. L. 100-203, 101 Stat. 1300; Sec. 842.708 also issued under section 4005 of Pub. L. 101-239, 103 Stat. 2106 and section 7001 of Pub. L. 101-508, 104 Stat. 1388; subpart H also issued under 5 U.S.C. 1104; Sec. 842.810 also issued under section 636 of Appendix C to Pub. L. 106-554 at 114 Stat. 2763A-164. Subpart E—Annuity Supplement 4. In § 842.504, revise paragraph (b)(2)(iv)(A) and paragraph (b)(2)(iv)(B)(2) to read as follows: § 842.504 Amount of annuity supplement.

(b)* * *

(2)* * *

(iv)* * *

(A)The National Average Wage Index (as determined by the Commissioner of the Social Security Administration) corresponding to that year, multiplied by

(B)* * *

(2)The denominator of which is the National Average Wage Index (as determined by the Commissioner of the Social Security Administration) corresponding to the retiree's first full year of service creditable under FERS. PART 843—FEDERAL EMPLOYEES RETIREMENT SYSTEM—DEATH BENEFITS AND EMPLOYEE REFUNDS 5. The authority citation for part 843 continues to read as follows: Authority: 5 U.S.C. 8461; §§ 843.205, 843.208, and 843.209 also issued under 5 U.S.C. 8424; § 843.309 also issued under 5 U.S.C. 8442; § 843.406 also issued under 5 U.S.C. 8441. Subpart C—Current and Former Spouse Benefits 6. In §843.308, revise paragraph (b)(2)(iii)(B) to read as follows:§843.308 Supplementary benefits on death of a retiree.

(b)* * *

(2)* * *

(iii)* * *

(B)For each year after age 21 for which the retiree did not work under FERS, the retiree's wages are deemed to equal the National Average Wage Index (as determined by the Commissioner of the Social Security Administration) corresponding to that year, multiplied by the retiree's basic pay for his or her first full year of employment under FERS, divided by the National Average Wage Index corresponding to the retiree's first full year of employment under FERS. 7. In §843.309, revise paragraph (b)(2) to read as follows: § 843.309 Basic employee death benefit.

(b)* * *

(2)For deaths occurring on or after October 1, 2004, 36 equal monthly installments of 3.03771 percent of the amount of the basic employee death benefit. 8. Revise Appendix A to subpart C of part 843 to read as follows: Appendix A to Subpart C of Part 843—Present Value Conversion Factors for Earlier Commencing Date of Annuities of Current and Former Spouses of Deceased Separated Employees With at least 10, but less than 20 years of creditable service— Age of separated employee at birthday before death Multiplier 26 0.0600 27 .0640 28 .0696 29 .0738 30 .0810 31 .0865 32 .0925 33 .0995 34 .1067 35 .1155 36 .1238 37 .1334 38 .1426 39 .1551 40 .1667 41 .1800 42 .1940 43 .2097 44 .2260 45 .2437 46 .2634 47 .2855 48 .3082 49 .3343 50 .3615 51 .3922 52 .4251 53 .4616 54 .5018 55 .5455 56 .5936 57 .6452 58 .7033 59 .7669 60 .8369 61 .9144 With at least 20, but less than 30 years of creditable service— Age of separated employee at birthday before death Multiplier 36 0.1489 37 .1601 38 .1714 39 .1858 40 .2001 41 .2161 42 .2328 43 .2516 44 .2709 45 .2922 46 .3159 47 .3423 48 .3695 49 .4005 50 .4332 51 .4698 52 .5090 53 .5527 54 .6005 55 .6526 56 .7098 57 .7717 58 .8407 59 .9165 With at least 30 years of creditable service— Age of separated employee at birthday before death Multiplier by separated employee's year of birth After 1966 From 1950 through 1966 Before 1950 46 0.4110 0.4477 0.4872 47 .4449 .4844 .5270 48 .4805 .5231 .5691 49 .5204 .5666 .6162 50 .5630 .6130 .6667 51 .6101 .6641 .7221 52 .6609 .7194 .7822 53 .7172 .7805 .8486 54 .7787 .8472 .9209 55 .8458 .9202 1.0000 56 .9194 1.0000 1.0000 9. Remove Appendix B to subpart C of part 843. [FR Doc. 04-26440 Filed 11-30-04; 8:45 am]

Connectionstraces to 21

Traces to 21 documents

statutes-at-large

U.S. Code