Unknown. Direct final rule

3,162 words·~14 min read·/register/2005/01/07/05-325

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-01-07.xml --- 70 5 Friday, January 7, 2005 Contents Agriculture Agriculture Department See Forest Service See Rural Housing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 1408-1409 05-303 05-304 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Broadcasting Broadcasting Board of Governors NOTICES Meetings;

Sunshine Act, 1413 05-404 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-311 1446-1447 05-312 Coast Guard Coast Guard RULES Drawbridge operations: Louisiana, 1343-1345 05-380 Ports and waterways safety: Indian River, FL; safety zone, 1345-1346 05-293 PROPOSED RULES Pollution: Great Lakes; regulation of non-hazardous and non-toxic dry cargo residues discharges; correction, 1400 05-215 Ports and waterways safety:

Port of Mobile and Mobile Ship Channel, AL; security zone, 1400-1403 05-379 NOTICES Meetings: Ballast water management for vessels entering Great Lakes, 1448-1449 05-378 Waterfron facilities; letters of recommendation: Crown Landing LLC liquefied natural gas facility, Gloucester Country, NJ; public meeting, 1449 05-436 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration PROPOSED RULES Government owned inventions; licensing, 1403-1407 05-338 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Agency information collection activities; proposals, submissions, and approvals, 1410-1411 05-358 Procurement list; additions and deletions, 1411-1413 05-356 05-357 Defense Defense Department See Navy Department See Uniformed Services University of the Health Sciences NOTICES Meetings:

Science Board task forces, 1425 05-301 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 1425-1426 E5-17 Employment Employment and Training Administration NOTICES Organization, functions, and authority delegations: Atlanta and Chicago Regional Offices; foreign labor certification field staff; relocation to new national processing centers, 1473-1474 05-332 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 1474 05-331 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 1474-1475 05-98 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Counterintelligence Evaluation Program; polygraph examinations use, 1383-1396 05-248 NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Savannah River Site, SC, 1426 05-334 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 1426-1428 05-333 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Peanuts, etc.; residue tolerance requirement; exemption, 1357-1360 05-344 Spinosad, 1349-1357 05-88 PROPOSED RULES Air quality implementation plans:

Preparation, adoption, and submittal— California aerosol coatings regulation; volatile organic compound definition and exemptions, 1639-1654 05-346 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 1434-1435 05-345 Weekly receipts, 1433-1434 05-340 Pesticide, food, and feed additive petitions: Cyprodinil, 1435-1439 05-343 Reports and guidance documents; availability, etc.: Lead; air quality criteria; project work plan, 1439-1440 05-347 Tribal cooperative agreements; direct implementation, 1440-1442 05-348 Executive Executive Office of the President See National Drug Control Policy Office FAA Federal Aviation Administration RULES Airmen certification:

Air traffic control specialists; mandatory separation age; waiver, 1633-1637 05-233 Airworthiness directives: Airbus, 1335-1336, 1338-1340 05-161 05-163 Boeing, 1336-1338, 1340-1341 05-160 05-162 Correction, 1328-1329 05-285 New Piper Aircraft, Inc., 1332-1335 05-184 Pilatus Aircraft Ltd., 1329-1332 05-185 Airworthiness standards: Special conditions— New Piper Aircraft, Inc.; PA-46-350P and PA-46-500TP model airplanes, 1326-1328 05-294 Class E airspace, 05-369 05-370 1342-1343 05-371 05-372 PROPOSED RULES Class E airspace, 1396-1400 05-295 05-373 05-374 FCC Federal Communications Commission RULES Radio frequency devices:

Broadband power line systems, 1360-1379 05-246 FDIC Federal Deposit Insurance Corporation NOTICES Financial institutions in receivership; insufficiency of assets to satisfy all claims; determinations, 1443-1444 E5-31 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 1428-1433 E5-27 E5-29 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system: Community financial institutions average total assets and directors annual compensation; limits; annual adjustments, 1444 05-305 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications— Carew, Brian J., et al.; diabetes exemption applications, 1501 05-296 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 1455-1456 05-299 05-300 Endangered and threatened species permit applications, 1456-1457 05-337 Environmental statements; notice of intent: Incidental take permits— San Luis Valley, CO; habitat conservation plan; meeting, 1457-1458 05-324 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 1447 05-317 Biological products:

Plasma standards development workshop; docket establishment; information and comment request; correction, 1503 C4-28655 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 1409-1410 05-307 Government Government Ethics Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 1444-1446 05-308 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Transportation Security Administration 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, 1454 05-92 Organization, functions, and authority delegations: Local Public Housing Hub Director/Public Housing Program Center Coordinators, 1454-1455 05-315 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Forest County Potawatomi Community, WI, 1458-1460 05-321 Kickapoo Tribe, OK, 1460-1464 05-322 Industry Industry and Security Bureau NOTICES Meetings:

Sensors and Instrumentation Technical Advisory Committee, 1413 05-367 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes: Partnership liabilities; disregarded entities treatment; hearing cancellation, 1400 05-393 International International Trade Administration NOTICES Antidumping: Stainless steel wire rods from— India, 1413-1423 E5-33 North American Free Trade Agreement (NAFTA); binational panel reviews:

Carbon and alloy steel wire rod from— Canada, 1423-1424 05-298 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; notice of intent: Green River/Hamms Fork Coal Production Region, Sweetwater County, WY; Pit 14 Tract coal lease application, 1464-1465 05-330 Public land orders: New Mexico, 1465-1466 05-326 Wyoming, 05-327 1466 05-329 NASA National Aeronautics and Space Administration NOTICES Meetings:

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New England Fishery Management Council, 1424 E5-30 Southeastern Data, Assessment, and Review Steering Committee, 1424-1425 E5-28 National Park National Park Service NOTICES Environmental statements; availability, etc.: Aztec Ruins National Monument, NM; natural gas wells operations plan, 1466-1467 05-352 Meetings: Delaware Water Gap National Recreation Area Citizen Advisory Committee, 1467 05-355 Golden Gate National Recreation Area, CA; management, 1467-1468 05-353 Kaloko-Honokohau National Historical Park Advisory Commission, 1468 05-354 National Register of Historic Places:

Pending nominations, 1468-1470 05-349 05-350 Native American human remains, funerary objects; inventory, repatriation, etc.: American Museum of Natural History, New York, NY, 1470 R4-28004 Reports and guidance documents; availability, etc.: World Heritage Committee for Yellowstone National Park, WY, ID, and MT; site progress report; comment request, 1470-1473 05-351 National Science National Science Foundation NOTICES Meetings: NSF-NASA-Astronomy and Astrophysics Advisory Committee; corrrection, 1476-1477 05-365 Navy Navy Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Lewis Machine & Tool Co. Inc., 1425 05-310 National Office of National Drug Control Policy See National Drug Control Policy Office Postal Postal Service RULES Domestic Mail Manual: Signature Confirmation service; signature waiver option elimination, 1346-1348 05-135 Postage meters: Manufacture and distribution; authorization, 1348-1349 05-279 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-313 1477-1478 05-314 Rural Rural Housing Service RULES Program regulations:

Rural Development Single Family Housing Program; surety requirements, 1325-1326 05-325 SEC Securities and Exchange Commission RULES Securities: Asset-backed securities; registration, disclosure, and reporting requirements, 1505-1631 05-53 PROPOSED RULES Securities: National market system; joint industry plans; amendments; correction, 1503 C4-27934 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 1481-1483 E5-20 Chicago Stock Exchange, Inc., 1483-1485 E5-22 Fixed Income Clearing Corp., 1485 E5-32 National Securities Clearing Corp., 1485-1487 E5-19 New York Stock Exchange, Inc., 1487-1489 E5-21 Options Clearing Corp., 1489-1490 E5-23 Pacific Exchange, Inc., 1490-1492 E5-26 Philadelphia Stock Exchange, Inc., 1492-1499 E5-24 E5-25 05-309 *Applications, hearings, determinations, etc.:* Principal Life Insurance Co., et al., 1478-1481 E5-18 SBA Small Business Administration NOTICES Disaster loan areas:

Alabama, 1499 05-361 Florida, 05-359 05-360 1499-1500 05-362 05-363 Meetings: Audit and Financial Management Advisory Committee, 1500 05-364 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration RULES Sensitive security information protection; technical amendment, 1379-1382 05-366 NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 1500-1501 05-375 05-376 Transportation Transportation Security Administration RULES Sensitive security information protection; technical amendment, 1379-1382 05-366 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-297 1501-1502 05-336 Presidential determinations:

Libya; Internal Revenue Code Section 901(j); waiver, 1502 05-335 U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 1449-1450 05-302 Temporary protected status program designations; terminations, extensions, etc.: El Salvador, 1450-1454 05-441 Uniformed Uniformed Services University of the Health Sciences NOTICES Meetings; Sunshine Act, 1425 05-458 Separate Parts In This Issue Part II Securities and Exchange Commission, 1505-1631 05-53 Part III Transportation Department, Federal Aviation Administration, 1633-1637 05-233 Part IV Environmental Protection Agency, 1639-1654 05-346 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. 70 5 Friday, January 7, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 1924 RIN 0575-AC60 Surety Requirements AGENCY: Rural Housing Service, USDA. ACTION: Direct final rule. SUMMARY: The Rural Housing Service is amending its regulations to change the threshold for surety requirements guaranteeing payment and performance from a $100,000 contract amount to the maximum Rural Development Single Family Housing area lending limit.

This limit will vary by locality. This will liberalize the requirement for surety and take into account the increased construction cost of single family homes in Rural Development's Single Family Housing Program. This will ease the burden on small contractors for whom obtaining surety is difficult and expensive, thereby reducing costs to our single family housing borrowers. DATES: This rule is effective April 7, 2005, unless we receive written adverse comments or written notices of intent to submit adverse comments on or before March 8, 2005.

If we receive such comments or notices, we will publish a timely document in the **Federal Register** withdrawing the direct final rule. ADDRESSES: You may submit adverse comments or notice of intent to submit adverse comments to this rule by any of the following methods: • Agency Web site: *http://rdinit.usda.gov/regs/.* Follow the instructions for submitting comments on the Web site. • E-Mail: *comments@usda.gov.* Include the RIN number (0575-AC60) in the subject line of the message. • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. • Mail:

Submit written comments via the U.S. Postal Service to the Branch Chief, Regulations and Paperwork Management Branch, U.S. Department of Agriculture, STOP 0742, 1400 Independence Avenue, SW., Washington, DC 20250-0742. • Hand Delivery/Courier: Submit written comments via Federal Express Mail or another mail courier service requiring a street address to the Branch Chief, Regulations and Paperwork Management Branch, U.S. Department of Agriculture, 300 7th Street, SW., 7th Floor, Suite 701, Washington, DC 20024.

All written comments will be available for public inspection during regular work hours at the 300 7th Street, SW., address listed above. FOR FURTHER INFORMATION CONTACT: Michel Mitias, Technical Support Branch, Program Support Staff, Rural Housing Service, U.S. Department of Agriculture, STOP 0761, 1400 Independence Avenue, SW., Washington, DC 20250-0761; Telephone:

(202)720-9653; FAX

(202)690-4335; E-mail: *michel.mitias@usda.gov.* SUPPLEMENTARY INFORMATION: Classification This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Civil Justice Reform In accordance with this rule:

(1)All State and local laws and regulations that are in conflict with this rule will be preempted,

(2)no retroactive effect will be given to this rule, and

(3)administrative proceedings in accordance with 7 CFR part 11 must be exhausted before bringing suit in court challenging action taken under this rule, unless those regulations specifically allow bringing suit at an earlier time. Regulatory Flexibility Act The Administrator of the Rural Housing Service has determined that this rule will not have a significant economic impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). New provisions included in this rule will not impact a substantial number of small entities to a greater extent than large entities. Therefore, a regulatory flexibility analysis was not performed. Paperwork Reduction Act There are no new reporting and recordkeeping requirements associated with this rule. Unfunded Mandates Reform Act This rule contains no Federal mandates (under the regulatory provisions 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 sections 202 and 205 of the Unfunded Mandates reform Act of 1995. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” RHS has determined that this action does not constitute a major Federal action significantly affecting the quality of the human environment, and, in accordance with the National Environmental Policy Act of 1969, Public Law 91-190, an Environmental Impact Statement is not required. Programs Affected The programs affected are listed in the Catalog of Federal Domestic Assistance under Number 10.410, Very Low to Moderate Income Housing Loans, and Number 10.415, Rural Rental Housing Loans. Rural Rental Housing Loans will be affected for those construction contracts above the applicable Rural Development area loan limit. Intergovernmental Review RHS conducts intergovernmental consultation in the manner delineated in RD Instruction 1940-J, “Intergovernmental Review of Rural Development Programs and Activities,” and in 7 CFR part 3015, subpart V. The Very Low to Moderate Income Housing Loans Program, Number 10.410, is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Rural Rental Housing Loans Program, Number 10.415, conducts intergovernmental reviews on a case-by-case basis. An intergovernmental review for this revision is not required or applicable. Direct Final Rule It is the policy of the Rural Housing Service

(RHS)to publish rules determined to be non-controversial and unlikely to result in adverse comments as direct final rules. RHS policy for direct final rules was published on March 27, 2003, at 68 FR 14889. No adverse comments are anticipated on the changes in this rule. Adverse comments suggest that the rule should not be adopted or that a change should be made to the rule. Unless an adverse comment is received within 60 days from the date of publication, this rule will be effective 90 days from the date of publication. If RHS receives one or more written adverse comments within 60 days from the date of publication, a document withdrawing the direct final rule prior to its effective date will be published in the **Federal Register** stating that adverse comments were received. Background RHS administers the Direct Single Family Housing Loan and Grant program pursuant to 7 CFR part 3550, designed to assist very low and low-income households to obtain modest, decent, safe, and sanitary housing for use as permanent residences in rural areas. Direct loans may be used to buy, build, or improve the applicant's permanent residence. RHS regulations in 7 CFR part 1924, subpart A, contain requirements for construction which is funded with direct RHS loans, including direct single family housing loans. The regulation also applies to larger direct funded construction projects by other agencies in the Rural Development mission area. This regulation was originally promulgated on March 13, 1987 in 52 FR 41833. One of the requirements in this regulation is that for construction work performed by the contract method (where the borrower contracts with a builder for the construction), the builder must obtain a surety bond guaranteeing payment and performance in the amount of the contract when the contract exceeds $100,000. This amount has remained unchanged since 1987. In 1987, a single family house constructed and financed under the direct single family housing loan program would not exceed $100,000. Since 1987, construction costs for single family houses financed by RHS have dramatically increased so that now construction costs frequently exceed $100,000. The requirement that builders obtain surety bonds when the construction contract exceeds $100,000 has made it difficult for contractors to compete for direct single family housing projects financed by RHS. While the regulation contains internal exceptions for the $100,000 requirement, none of these exceptions satisfactorily resolves the cost burden for builders of direct single family housing. The revision to 7 CFR 1924.6(a)(3)(i)(A) will facilitate the process of construction by raising the threshold when the contractor must acquire surety bonds. The purpose of this regulation is to remove the surety bond requirement for direct funded single family housing. The new threshold will be when the contract exceeds the applicable RHS area single family housing loan limit as established pursuant to 7 CFR 3550.63 and the limit for any particular area is available from any Rural Development office. The provisions in 7 CFR 1924.6(a)(3)(i) that require payment and performance bonds when construction is under this threshold amount remain unchanged. RHS has determined that changing the threshold for payment and performance bonds provides for more flexibility, is locality based, borrowers are adequately protected, and housing costs are reduced. List of Subjects in 7 CFR Part 1924 Agriculture, Construction management, Construction and repair, Energy conservation, Housing, Loan programs—Agriculture, Low and moderate income housing. For the reasons set forth in the preamble, chapter XVIII, title 7, of the Code of Federal Regulations is amended as follows: PART 1924—CONSTRUCTION AND REPAIR 1. The authority citation for part 1924 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart A—Planning and Performing Construction and Other Development 2. Section 1924.6 is amended by revising paragraph (a)(3)(i)(A) to read as follows: § 1924.6 Performing development work.

(a)* * *

(3)* * *

(i)* * *

(A)The contract exceeds the applicable Rural Development single Family Housing area loan limit as per 7 CFR 3550.63. (Loan limits are available at the local Rural Development field office.) Dated: December 12, 2004. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. 05-325 Filed 1-6-05; 8:45 am]

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