Unknown. Final rule

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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-2005-05-06.xml --- 70 87 Friday, May 6, 2005 Contents Editorial Note: In the **Federal Register** of Thursday, May 5, 2005, the page numbers for several entries in that issue's table of contents were incorrect. A corrected table of contents for Thursday, May 5, 2005 appears after the Reader Aids section at the back of today's **Federal Register.** Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 23928-23930 05-9109 PROPOSED RULES Irish potatoes grown in— Colorado, 23942-23945 05-9110 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Federal Crop Insurance Corporation See Forest Service RULES Organization, functions, and authority delegations:

General Council, 23927 05-9114 Animal Animal and Plant Health Inspection Service NOTICES Reports and guidance documents; availability, etc.: National Animal Identification System; draft strategic plan and draft program standards, 23961-23963 05-9113 Army Army Department See Engineers Corps Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities 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, 23980 05-9207 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 24044-24047 05-9066 05-9067 05-9068 05-9069 Grants and cooperative agreement awards: Human immunodeficiency virus (HIV)— Uganda; Mildmay Center, 24047-24048 05-9065 Meetings: Tuberculosis Elimination Advisory Council, 24048 05-9064 Centers Centers for Medicare & Medicaid Services RULES Medicare: Long-term care hospitals; prospective payment system; annual payment rate updates, policy changes, and clarification, 24168-24261 05-8878 NOTICES Agency information collection activities; proposals, submissions, and approvals, 24048-24049 05-9028 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings;

Sunshine Act, 23980-23982 05-9238 Children Children and Families Administration NOTICES Grant and cooperative agreement awards: Community Services for Children, Inc., 24049 05-9124 Grants and cooperative agreements; availability, etc.: Community Services Block Grant Program— Earned income tax credit and other asset formation opportunities, 24049-24057 05-9123 Head Start programs— American Indian Alaska Native Head Start Research Center, 24057-24068 05-9073 Head Start and Early Head Start programs, 24068-24078 05-9074 Privacy Act:

Computer matching programs; correction, 24078 05-9071 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: South Dakota, 23983 05-9014 Coast Guard Coast Guard RULES Regattas and marine parades: National Maritime Week Tugboat Races, 23936-23938 05-9078 PROPOSED RULES Ports and waterways safety: Charleston Harbor, Cooper River, SC; security zones, 23950-23953 05-9036 Georgetown Channel, Potomac River, Washington, DC; security zone, 23948-23950 05-9077 Regattas and marine parades:

Suncoast Offshore Grand Prix, 23946-23948 05-9079 NOTICES Agency information collection activities; proposals, submissions, and approvals, 24104-24105 05-9035 Organization, functions, and authority delegations: Ninth Coast Guard District; Sector Detroit, et al.; establishment, 24105-24107 05-9037 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 05-9102 23979-23980 05-9103 Commodity Commodity Credit Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 23963 05-9030 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 24007 05-9009 Defense Defense Department See Engineers Corps NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 24008 05-9101 Meetings: President's Information Technology Advisory Committee, 24008 05-9212 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Educational research and improvement— Education research programs, 24276-24278 05-9131 Safe and Drug-Free Schools Programs— Foundations for Learning Program, 24009-24012 05-9132 Special education and rehabilitative services— Client Assistance Program, 24012-24015 05-9129 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 24120-24122 05-8841 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration Engineers Engineers Corps NOTICES Reports and guidance documents; availability, etc.:

Everglades Comprehensive Restoration Plan; memoranda guidance, 24008-24009 05-9046 EPA Environmental Protection Agency RULES Air programs: Ambient air quality standards, national— PM2.5 precursors; transportation conformity rule amendments, 24280-24292 05-9086 NOTICES Agency information collection activities; proposals, submissions, and approvals, 24020-24037 05-9082 05-9083 Air programs: State implementation plans; adequacy status for transportation conformity purposes— North Carolina, 24037 05-9213 Environmental statements; availability, etc.:

Agency statements— Comment availability, 24038 05-9120 Weekly receipts, 24037-24038 05-9119 Meetings: Strategic Approach to International Chemicals Management; Western Europe and other governments, 24038-24039 05-9043 Reports and guidance documents; availability, etc.: Inventory of sources and environmental releases of dioxin-like compounds in U.S.; year 2000 update, 24039-24041 05-9081 FAA Federal Aviation Administration RULES Air carrier certification and operations: Aging airplane safety; inspections and records reviews Correction, 23935-23936 05-9138 Airworthiness directives:

Kelly Aerospace Power Systems, 23930-23934 05-8884 Federal airways, 23934 05-9039 Jet routes, 23935 05-9038 NOTICES Advisory circulars; availability, etc.: Part 23 airplanes— Part 23 airplanes and airships; systems and equipment certification guide, 24158 05-9042 Exemption petitions; summary and disposition, 24158-24159 05-9137 Meetings: RTCA, Inc., 24159 05-9040 Passenger facility charges; applications, etc.: Cincinnati/Northern Kentucky International Airport, KY, 24159-24160 05-9041 Federal Crop Federal Crop Insurance Corporation NOTICES Grants and cooperative agreements; availability, etc.:

Community Outreach and Assistance Partnership Program, 23963-23969 05-9112 Risk Management Research Partnerships, 23969-23975 05-9111 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Pennsylvania, 05-9052 05-9053 24107-24108 05-9054 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electronic tariff filings; software availability and testing; comment deadline, electronic format manual availability, and technical conference, 23945-23946 05-9072 NOTICES Hydroelectric applications, 24015-24019 E5-2216 E5-2217 E5-2218 E5-2219 E5-2220 Federal Housing Federal Housing Finance Board NOTICES Meetings;

Sunshine Act, 24041 05-9184 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Drivers’ hours of service; exemption applications— American Pyrotechnics Association, 24160-24161 05-9148 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 24041 05-9044 Formations, acquisitions, and mergers, 24041-24042 05-9023 05-9045 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent:

Long Island, NY; Long Island Rail Road Main Line Corridor improvements, 24161-24163 05-9034 Fish Fish and Wildlife Service PROPOSED RULES Migratory bird hunting: Iron-tungsten-nickel shot approval as nontoxic for waterfowl and coots hunting, 23954-23960 05-9022 NOTICES Meetings: Aquatic Nuisance Species Task Force, 24112-24113 05-9020 05-9021 Food Food and Drug Administration NOTICES Meetings: Biological products for treatment of rare plasma protein disorders; public workshop, 24079 05-9011 Cardiovascular and Renal Drugs Advisory Committee, 24079 05-9010 Medical Devices Advisory Committee, 24080 05-9008 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 23975-23978 05-9049 05-9050 05-9051 Meetings:

Resource Advisory Committees— Northeast Oregon Forests, 23978 05-9027 Okanogan and Wenatchee National Forests, 23978-23979 05-9061 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 24042-24044 05-9098 05-9099 05-9100 Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 24008 05-9101 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Family planning services, 24264-24269 05-9017 Meetings: National Vaccine Advisory Committee, 24044 05-9018 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department PROPOSED RULES Mortgage and loan insurance programs: Multifamily housing mortgage insurance; time limits for filing supplemental claims, 24272-24273 05-9141 NOTICES Agency information collection activities; proposals, submissions, and approvals, 24109-24110 E5-2204 05-9024 Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 24110 05-8835 Mortgagee Review Board; administrative actions, 24110-24112 05-9142 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: Tribal Management Grant Program, 24080-24087 05-9013 Organization, functions, and authority delegations: Headquarters reorganization, 24087-24099 05-9012 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Petrochemical Commercial Co.

Ltd., 23983-23987 05-9118 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping: Fresh crawfish tail meat from— China, 23987-23988 E5-2214 Large diameter carbon and alloy seamless standard, line and pressure pipe from— Mexico, 23988-23990 E5-2221 Petroleum wax candles from— China, 23990 E5-2215 Steel concrete reinforcing bars from— Turkey, 23990-23996 E5-2222 International International Trade Commission NOTICES Import investigations:

Audio digital-to-analog converters and products, 24117-24118 05-9133 Network controllers and products, 24118 05-9134 Polyethylene terephthalate resin from— Various countries, 24118-24119 05-9136 Stainless steel plate from— Various countries, 24119 05-9135 Meetings; Sunshine Act, 24119 05-9239 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 24119-24120 05-9056 05-9057 Land Land Management Bureau NOTICES Alaska Native claims selection:

Olsonville, Inc., 24113 05-9092 Disclaimer of interest applications: California, 24113-24114 05-9089 Meetings: Resource Advisory Councils— New Mexico, 24114 05-9173 Wild horse management; helicopters and motor vehicles use— Colorado, 24114 05-9087 Oil and gas leases: Oklahoma, 24114 05-9085 Public land orders: Nevada, 24114-24115 05-9091 Recreation management restrictions, etc.: San Pedro Riparian National Conservation Area, AZ; visitation and activity daylight hours limitation, 24115-24116 05-9090 Withdrawal and reservation of lands:

South Dakota, 24116-24117 05-9088 Mine Mine Safety and Health Administration NOTICES Petitions for safety standards modifications; summary of affirmative decisions, 24122-24123 05-9058 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 24008 05-9101 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 24123 05-9016 Arts National Council, 24123-24124 05-9015 National Highway National Highway Traffic Safety Administration RULES Vehicle identification number requirements; technical amendment, 23938-23939 05-9140 PROPOSED RULES Motor vehicle safety standards:

Defect proceedings; petitions, etc.: Fire Equipment Manufacturers Association; petition denied, 23953-23954 05-9139 NOTICES Agency information collection activities; proposals, submissions, and approvals, 24163 05-9122 National Institute National Institute of Standards and Technology NOTICES Alternative Personnel Management System: Pay and performance and performance and retention modifications, 23996-23999 05-9116 Voluntary product standards: American Petroleum Institute; development standards, 23999-24001 05-9117 American Softwood Lumber Standard, 24001-24002 05-9115 NIH National Institutes of Health NOTICES Meetings:

National Library of Medicine, 24099 05-9047 Scientific Review Center, 24099-24102 05-9048 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska deep-water species, 23940-23941 05-9126 Northeastern United States fisheries— Haddock, 23939-23940 05-9125 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— FEX L.P.; Beaufort Sea, AK; movement of barges; bowhead and beluga whales and ringed, bearded, and spotted seals, 24002-24005 05-9127 Meetings:

New England Fishery Management Council, 24005 E5-2209 National Science National Science Foundation NOTICES Committees; establishment, renewal, termination, etc.: International Science and Engineering Advisory Committee, 24124 05-9095 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Yankee Atomic Electric Co., 24124-24126 E5-2206 Reports and guidance documents; availability, etc.: Steam generator tube integrity for pressurized water reactors; technical specifications revision; model application, 24126-24127 E5-2208 Patent Patent and Trademark Office NOTICES Patent cases:

Uruguay Round Agreements Act; implementation— Limited examinations after final rejection in certain applications filed before June 8, 1995; transitional procedure changes, 24005-24007 05-8876 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 24127-24128 05-8977 Postal Postal Service NOTICES Privacy Act: Systems of records, 24128-24129 05-9075 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

J.P. Morgan Chase & Co., et al., 24132-24134 E5-2202 Public Utility Holding Company Act of 1935 filings, 24134-24138 E5-2198 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 24138-24143 E5-2213 Chicago Stock Exchange, Inc., 24143-24145 E5-2205 National Association of Securities Dealers, Inc., 24145-24146 E5-2201 New York Stock Exchange, Inc., 24146-24148 E5-2203 New York Stock Exchange, Inc. and National Association of Securities Dealers, Inc., 24148-24154 E5-2212 Pacific Exchange, Inc., 24154-24156 E5-2199 E5-2211 Philadelphia Stock Exchange, Inc., 24156-24158 E5-2200 *Applications, hearings, determinations, etc.:* American Stock Exchange LLC, 24130-24131 E5-2210 Top Image Systems Ltd., 24131-24132 E5-2197 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 24158 05-9055 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 24102-24103 05-9059 05-9060 Meetings:

Substance Abuse Treatment Center National Advisory Council, 24103-24104 05-9062 Surface Surface Transportation Board NOTICES Rail carriers: Control exemptions— Penn Eastern Holdings, Inc., 24163-24164 05-8955 Railroad operation, acquisition, construction, etc.: ISG Railways, Inc., 24165-24166 05-8957 Mississippi Delta Railroad, 24164 05-8840 Southern Pennsylvania Transportation Authority, 24164-24165 05-8956 Wilmington & Northern Railroad Co., 24165 05-8958 Railroad services abandonment:

Florida East Coast Railway, L.L.C., 24166 05-9070 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Intelligence Reform and Terrorism Prevention Act; implementation: Driver's licenses and Personal Identification Cards Negotiated Rulemaking Advisor Committee Meeting cancellation, 23953 05-9200 Transportation Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 24108-24109 05-9130 Western Western Area Power Administration NOTICES Power rate adjustments:

Washoe Project, 24019-24020 05-9080 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 24168-24261 05-8878 Part III Health and Human Services Department, 24264-24269 05-9017 Part IV Housing and Urban Development Department, 24272-24273 05-9141 Part V Education Department, 24276-24278 05-9131 Part VI Environmental Protection Agency, 24280-24292 05-9086 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 87 Friday, May 6, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 Revision of Delegations of Authority AGENCY: Department of Agriculture ACTION: Final rule. SUMMARY: This document amends the delegations of authority from the Secretary of Agriculture in order to reflect the Secretary's designation of the General Counsel as the Department official responsible for delegating the authority to other Department heads for considering, ascertaining, adjusting, determining, compromising, and settling, pursuant to the Federal Tort Claims Act

(FTCA)and regulations of the Attorney General, claims less than $2500 that allege the negligence or wrongful act of an employee of a certain agency. DATES: *Effective Date:* Effective May 6, 2005. FOR FURTHER INFORMATION CONTACT: Kenneth E. Cohen, Assistant General Counsel, General Law Division, Office of the General Counsel, Department of Agriculture, Room 3311-S, Washington, DC 20250, telephone 202-720-5565. SUPPLEMENTARY INFORMATION: Under 28 U.S.C. 2672 of the FTCA, the head of each Federal agency, including the Secretary of Agriculture, is able to adjudicate FTCA claims brought against his or her respective agency. Furthermore, the FTCA states that an agency may effect a settlement equal to or less than $25,000, without the “prior written approval of the Attorney General or his designee”. Through 7 CFR 2.31, the Secretary of Agriculture has delegated to the General Counsel the authority to “[c]onsider, ascertain, adjust, determine, compromise, and settle claims pursuant to the Federal Tort Claims Act, as amended (28 U.S.C. 2671-2680), and the regulations of the Attorney General contained in 28 CFR part 14 * * *.” The National Performance Review

(NPR)determined that this limited delegation posed a barrier to the efficiency and cost-effectiveness of the USDA. Pursuant to the recommendations of NPR, on September 11, 1996, the Secretary of Agriculture enacted a pilot program, created under Secretary's Memorandum 1030-29, by delegating to the Assistant Secretary for Marketing and Regulatory Programs and the Administrator of APHIS the authority to adjudicate claims under $2500 submitted pursuant to the FTCA. The pilot program proved to be highly successful. During this program, adjudication time for this type of FTCA claim was reduced from a period of three to six months to less than two weeks. Additionally, payment processing time was reduced from ten days to as little as one day. Based on the success of this pilot program, the delegations of authority of the Department of Agriculture are amended so that the General Counsel is now able to delegate the authority to another agency head to consider, ascertain, adjust, determine, compromise, and settle, and pursuant to the FTCA and regulations of the Attorney General, claims less than $2500 that allege the negligence or wrongful act of an employee of a particular USDA agency. This rule relates to internal agency management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rule making and opportunity for comment are not required and this rule may be made effective less than 30 days after publication in the **Federal Register** . Further, since this rule relates to internal agency management, it is exempt from the provisions of Executive Order 12988 and Executive Order 12866, amended by Executive Order 13258. In addition, this action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), and thus is exempt from the provisions of that Act. Finally, this action is not a rule as defined in 5 U.S.C. 804, and thus does not require review by Congress. List of Subjects in 7 CFR Part 2 Authority delegations (government agencies). Accordingly, 7 CFR part 2 is amended as follows: PART 2—DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT 1. The authority cittation for part 2 continues to read as follows: Authority: 7 U.S.C. 6912(a)(1), 5 U.S.C. 301; Reorganization Plan No. 2 of 1953, 3 CFR, 1949-1953 Comp., p. 1024. Subpart D—Delegation of Authority to Other General Officers and Agency Heads 2. Amend § 2.31 to revise paragraph

(a)to read as follows: § 2.31 General Counsel.

(a)Consider, ascertain, adjust, determine, compromise, and settle claims pursuant to the Federal Tort Claims Act, as amended (28 U.S.C. 2671-2680), and the regulations of the Attorney General contained in 28 CFR part 14; delegate the authority to consider, ascertain, adjust, determine, compromise, and settle, pursuant to the Federal Tort Claims Act as amended (28 U.S.C. 2671-2680) and the regulations of the Attorney General contained in 28 CFR part 14, claims less than $2500 that allege the negligence or wrongful act of an employee of a USDA agency; and consider, ascertain, adjust, determine compromise, and settle claims pursuant to section 920 of the Federal Agriculture Improvement and Reform Act of 1996, Public Law 104-127 (7 U.S.C. 2262a). Dated: April 11, 2005. Mike Johanns Secretary of Agriculture. [FR Doc. 05-9114 Filed 5-5-05; 8:45 am]

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