Unknown. Final rule

2,440 words·~11 min read·/register/2004/12/03/04-26613·

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-2004-12-03.xml --- 69 232 Friday, December 3, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service Air Force Air Force Department NOTICES Environmental statements; notice of intent: Airspace Training Initiative; Shaw Air Force Base and McEntire Air National Guard Station, SC; F-16 aircraft training mission enhancement, 70255 04-26598 Animal Animal and Plant Health Inspection Service RULES Swine health protection:

Kentucky; addition to list of States prohibiting feeding of garbage to swine, 70179-70180 04-26613 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70216-70217 E4-3453 04-26592 Antitrust Antitrust Division NOTICES National cooperative research notifications: ANSI Accredited Standards Committee “C12”, 70282 04-26622 ANSI Accredited Standards Committee “C29”, 70281 04-26619 ANSI Accredited Standards Committee “C50”, 70281 04-26618 ANSI Accredited Standards Committee “C8”, 70281-70282 04-26621 ANSI Accredited Standards Committee “C81”, 70281 04-26620 DICOM Standards Committee, 70282 04-26623 Institute of Enviromental Sciences and Technology, 70282 04-26616 National Board of Certification for Community Association Managers, 70283 04-26615 Open DeviceNet Vendor Association, Inc., 70283 04-26624 Semiconductor Test Consortium, Inc., 70283-70284 04-26614 Tile Council of America; correction, 70314 C4-25076 VSI Alliance, 70284 04-26617 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 70261-70264 04-26655 04-26656 04-26657 04-26659 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 70264-70265 04-26286 Chemical Chemical Safety and Hazard Investigation Board NOTICES Senior Executive Service:

Performance Review Board; membership, 70224 04-26654 Coast Guard Coast Guard PROPOSED RULES Drawbridge operations: Georgia, 70209-70211 04-26587 Ports and waterways safety: Potomac and Anacosta Rivers, DC and VA; security zone, 70211-70214 04-26669 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70269-70270 04-26668 Deepwater ports; license applications: Gulf Landing LLC, 70270-70271 04-26580 Waterfront facilities; letters of recommendation:

Crown Landing LLC liquefied natural gas facility, Gloucester County, NJ; public meeting, 70271-70272 04-26588 Commerce Commerce Department 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 PROPOSED RULES Javits-Wagner-O’Day Program: Nonprofit agencies and central nonprofit agencies; governance standards, 70214 04-26651 NOTICES Procurement list; additions and deletions, 70222-70224 04-26650 04-26652 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 70252-70255 04-26643 04-26644 04-26645 04-26646 Defense Defense Department See Air Force Department Drug Drug Enforcement Administration NOTICES Schedules of controlled substances; production quotas:

Schedules I and II— Proposed 2005 aggregate, 70284-70287 04-26689 Education Education Department NOTICES Meetings: Institutional Quality and Integrity National Advisory Committee, 70255-70256 E4-3454 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 70287-70288 04-26415 Energy Energy Department NOTICES Environmental statements; availability, etc.: Grand and San Juan Counties, UT;

Moab uranium mill tailings remediation, 70256-70257 04-26627 EPA Environmental Protection Agency NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 70258 04-26630 Weekly receipts, 70257-70258 04-26629 FAA Federal Aviation Administration RULES Class E airspace, 70185 04-26670 PROPOSED RULES Airworthiness directives: Boeing, 70202-70208 04-26664 04-26665 VOR Federal airways, 70208-70209 04-26585 NOTICES Environmental statements; availability, etc.:

Panama City-Bay County International Airport; FL; relocation, 70302-70303 04-26586 Exemption petitions; summary and disposition, 70303 04-26341 Reports and guidance documents; availability, etc.: In-seat video systems certification; policy statement, 70303 04-25886 FCC Federal Communications Commission RULES Common carrier services: Communications disruptions; reporting requirements, 70315-70342 04-26167 NOTICES Meetings: North American Numbering Council, 70258-70259 04-26639 04-26642 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Arkansas, 70191-70192 04-26601 Various States, 70185-70196 04-26599 04-26600 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70273-70275 04-26602 04-26603 04-26604 04-26605 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: National Railroad Passenger Corp., 70304 04-26631 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 70259-70261 04-26610 Banks and bank holding companies:

Formations, acquisitions, and mergers, 70261 04-26625 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Egmont Key, Pinellas, and Passage Key National Wildlife Refuges, FL, 70276 04-26660 Endangered and threatened species permit applications, 70277-70278 04-26638 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70265 04-26581 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Madera County, 70217 04-26653 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 See Public Health Service Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department PROPOSED RULES Mortgage and loan insurance programs:

Home equity conversion mortgages; long term care insurance; mortgagor's single up-front mortgage premium; waiver, 70343-70346 04-26591 NOTICES Agency information collection activities; proposals, submissions, and approvals, 70275-70276 04-26648 Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 70276 04-26382 Senior Executive Service: Peformance Review Board; membership, 70276 04-26647 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping:

Automotive replacement glass windshields from— China, 70224 E4-3457 Freshwater crawfish tail meat from— China, 70225 E4-3456 Hot-rolled carbon steel flat products from— Netherlands, 70226-70233 E4-3459 Tissue and crepe paper products from— China, 70233-70235 E4-3458 Export trade certificates of review, 70235 04-26593 North American Free Trade Agreement (NAFTA); binational panel reviews: Softwood lumber products from— Canada, 70235-70236 04-26584 Justice Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Privacy Act:

Systems of records, 04-26589 70279-70281 04-26590 Labor Labor Department See Employment Standards Administration See Labor-Management Standards Office Labor-Management Standards Office Labor-Management Standards Office NOTICES Union organization and voting rights; labor organization characterization as local, intermediate, or national or international; criteria, 70288-70289 04-26612 Maritime Maritime Administration NOTICES Deepwater ports; license applications: Gulf Landing LLC, 70270-70271 04-26580 Medicare Medicare Payment Advisory Commission NOTICES Meetings, 70289 04-26667 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards:

Exemption petitions, etc.— American Suzuki Motorcycle Corp., 70304-70306 04-26632 National Institute National Institute of Standards and Technology NOTICES Meetings: Information Security and Privacy Advisory Board, 70236 04-26634 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 70265-70267 04-26596 Patent licenses; non-exclusive, exclusive, or partially exclusive: Dendritic Nano Technologies, Inc., 70267-70268 04-26595 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico red snapper, 70196 04-26637 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— San Nicolas Island, CA; research activities; California sea lions, Pacific harbor seals, and northern elephant seals, 70249-70252 04-26636 Scripps Institution of Oceanography, CA; low-energy seismic survey in southwest Pacific Ocean; cetaceans, 70236-70249 04-26635 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 70289 04-26626 Meetings:

Proprosal review, 70289-70290 04-26582 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: ViroPharma, Inc., 70290 04-26607 Presidential Presidential Documents ADMINISTRATIVE ORDERS Memorandums Government agencies and employees: Office of Management and Budget; designation of functions to the Director under Public Health Service Act (Memorandum of October 21), 70347-70349 04-26787 Public Public Health Service NOTICES National Toxicology Program:

National Institute of Environmental Health Sciences, National Institutes of Health— In vitro testing methods for identifying potential ocular irritants; current validation status assessment; additional data and analyses, 70268-70269 04-26594 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Folsom Dam Road, CA; restricted access, 70278-70279 04-26666 Research Research and Special Programs Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 70306 04-26633 RUS Rural Utilities Service NOTICES Grants and cooperative agreements; availability, etc.:

Distance Learning and Telemedicine Program, 70217-70222 04-26649 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 70290-70291 04-26777 Securities: Suspension of trading— Abacan Resources Corp. et al., 70292-70293 04-26716 Asset Equity Group, Inc., et al., 70291-70292 04-26715 Securities Exchange Act: Accelerated filers; specified provisions exemption, 70291 E4-3455 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 70293-70302 E4-3450 E4-3451 E4-3452 SBA Small Business Administration RULES Small business size standards:

Small Business Innovation Research Program; small businesses owned and controlled by another business concern, 70180-70185 04-26608 PROPOSED RULES Small business size standards: Size standards restructuring and Small Business Innovation Research Program eligibility, 70197-70202 04-26609 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department NOTICES Grants and cooperative agreements; availability, etc.:

Community Development Financial Institutions Program, 70307-70313 04-26597 Separate Parts In This Issue Part II Federal Communications Commission, 70315-70342 04-26167 Part III Housing and Urban Development Department, 70343-70346 04-26591 Part IV Presidential Documents, 70347-70349 04-26787 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. 69 232 Friday, December 3, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 166 [Docket No. 04-109-1] Swine Health Protection AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the swine health protection regulations by removing Kentucky from the list of States that permit the feeding of treated garbage to swine and adding it to the list of States that prohibit garbage feeding. This action is necessary to reflect changes in the status of Kentucky, and thereby facilitate the administration of the swine health protection regulations. DATES: This rule is effective December 3, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Adam Grow, National Surveillance Coordinator, National Center for Animal Health Programs, VS, APHIS, 4700 River Road, Unit 43, Riverdale, MD 20737-1231;

(301)734-3752. SUPPLEMENTARY INFORMATION: Background The swine health protection regulations in 9 CFR part 166 (referred to below as the regulations) were established under the Swine Health Protection Act (7 U.S.C. 3801 *et seq.* , referred to below as the Act). The Act and the regulations contain provisions concerning the treatment of garbage to be fed to swine and the feeding of that garbage to swine. These provisions operate as safeguards against the spread of certain swine diseases in the United States. The regulations in § 166.15 categorize States according to the respective status of each with regard to the feeding of garbage to swine. Some States prohibit this activity, while other States permit the feeding of garbage to swine; these States are listed in § 116.15(a) and (b), respectively. Under section 9 of the Act (7 U.S.C. 3808), the Animal and Plant Health Inspection Service (APHIS) is authorized to enter into cooperative agreements with State agencies, including States departments of agriculture, to more efficiently regulate the feeding of garbage to swine. These cooperative agreements may be entered into when APHIS determines that a State agency has adequate facilities, personnel, and procedures to assist the Department in the administration and enforcement of the regulations; the Department, however, retains primary enforcement under the Act. States that have entered into cooperative agreements to issue licenses under the regulations are listed in § 166.15(d). Prior to this rulemaking, Kentucky was listed in § 166.15(b) as a State that permitted the feeding of treated garbage to swine and in § 166.15(d) as a State in a cooperative agreement with APHIS to issue licenses. However, Kentucky has repealed its laws permitting the feeding of treated garbage to swine. We are, therefore, removing Kentucky from the list in § 166.15(b) of States that permit the feeding of treated garbage to swine and are adding it to the list in § 166.15(a) of States that prohibit the feeding of garbage to swine. We are also removing Kentucky from the list in § 166.15(d) of States that issue licenses under cooperative agreements with APHIS. Effective Date We are taking this action to update our regulations with respect to changes that have already occurred in the laws of Kentucky regarding the feeding of garbage to swine. It does not appear that public participation in this rulemaking proceeding would make additional relevant information available to the Department. Accordingly, pursuant to the administrative procedure provisions in 5 U.S.C. 553, we find upon good cause that prior notice and other public procedure with respect to this rule are unnecessary. We also find good cause for making this rule effective less than 30 days after publication in the **Federal Register** . Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. The decision regarding whether or not a State will permit the feeding of garbage to swine is made at the State level. Since the State of Kentucky has notified APHIS that State law now prohibits the feeding of garbage to swine, this rule simply amends the regulations to reflect the State's decision. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. ( *See* 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 166 Animal diseases, Hogs, Reporting and recordkeeping requirements. Accordingly, 9 CFR part 166 is amended as follows: PART 166—SWINE HEALTH PROTECTION 1. The authority citation for part 166 continues to read as follows: Authority: 7 U.S.C. 3801-3813; 7 CFR 2.22, 2.80, and 371.4. § 166.15 [Amended] 2. Section 166.15 is amended as follows: a. In paragraph (a), by adding, in alphabetical order, the word “Kentucky,”. b. In paragraph (b), by removing the word “Kentucky,”. c. In paragraph (d), by removing the word “Kentucky,”. Done in Washington, DC, this 29th day of November, 2004. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-26613 Filed 12-2-04; 8:45 am]

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