Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-05-31.xml --- 70 103 Tuesday, May 31, 2005 Contents AID Agency for International Development NOTICES Agency information collection activities; proposals, submissions, and approvals, 30921 05-10775 05-10776 Agricultural Agricultural Marketing Service RULES Cotton classing, testing, and standards: Classification services to growers; 2005 user fees, 30895-30896 05-10834 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 30922-30923 05-10737 05-10741 Animal Animal and Plant Health Inspection Service RULES Viruses, serums, toxins, etc.:

Records and reports; CFR correction, 30896 05-55507 Army Army Department See Engineers Corps Coast Guard Coast Guard RULES Drawbridge operations: Maryland, 30900-30901 05-10694 NOTICES Agency information collection activities; proposals, submissions, and approvals, 30963-30964 05-10693 Commerce Commerce Department 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:

China, 30930-30932 05-10841 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 31009-31014 05-10778 Copyright Copyright Royalty Board, Library of Congress RULES Agency organization, administration, and procedural regulations; Title 37 CFR Chapter III; establishment, 30901-30916 05-10553 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 30932-30934 05-10772 05-10773 Customs Customs and Border Protection Bureau NOTICES Automation program test:

Automated Commercial Environment— Truck carrier accounts; automated manifest test, 30964-30965 05-10700 Defense Defense Department See Engineers Corps NOTICES Meetings: Independent Review Panel to Study Relationships between Military Department General Counsels and Judge Advocates General, 30934 05-10872 Education Education Department PROPOSED RULES Special education and rehabilitative services; Individuals with Disabilities Education Act (IDEA)— Regulatory issues; meetings and correction, 30917 05-10762 NOTICES Constitution Day and Citizenship Day; implementation; correction, 30934-30935 05-10888 Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Capacity Building for Traditionally Underserved Populations Program, 30935-30938 05-10761 Meetings: Tribal Colleges and Universities, President's Board of Advisors, 30939 05-10743 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: North Topsail Beach, NC; correction, 31018 C5-9995 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 30941-30945 05-10766 05-10767 05-10771 Air programs:

State implementation plans; adequacy status for transportation conformity purposes— Utah, 30946 05-10770 Committees; establishment, renewal, termination, etc.: Science Advisory Board, 30946-30947 05-10677 Meetings: Local Government Advisory Committee, 30947-30948 05-10769 Science Advisory Board, 30948 05-10768 Executive Executive Office for Immigration Review NOTICES Agency information collection activities; proposals, submissions, and approvals, 30974 05-10728 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Credit Administration NOTICES Privacy Act:

Systems of records, 30948-30949 05-10709 FAA Federal Aviation Administration RULES Standard instrument approach procedures, 30897-30898 05-10606 NOTICES Committees; establishment, renewal, termination, etc.: National Parks Overflights Advisory Group, 30992 05-10686 Meetings: National Parks Overflights Advisory Group, 30992-30994 05-10684 05-10685 RTCA, Inc., 30994-30995 05-10720 05-10721 Passenger facility charges; applications, etc.: Billings-Logan International Airport, MT, 30995 05-10724 Missoula International Airport, MT, 30996 05-10725 Technical standard orders:

Non-technical standard order functions integrated in technical standard order article, 30996-30997 05-10719 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 31009-31014 05-10778 Federal Emergency Federal Emergency Management Agency NOTICES National Flood Insurance Program: Flood map changes, 31020-31212 05-10616 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings; combined notice filings, 30939-30941 E5-2716 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications— Barron, Edmund J., et al.; vision requirement exemption applications, 30997-30999 05-10690 05-10691 Billings, Linda L., et al.; vision requirement exemption applications, 30999-31002 05-10692 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Association of American Railroads, 31002-31003 05-10696 BNSF Railway, 31003-31004 05-10699 Traffic control systems; discontinuance or modification: CSX Transportation, Inc., 31004-31005 05-10698 National Railroad Passenger Corp. et al., 31005 05-10697 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 31009-31014 05-10778 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 30949 05-10897 FTC Federal Trade Commission RULES Trade regulation rules: Home insulation; labeling and advertising, 31258-31276 05-10683 NOTICES Prohibited trade practices: San Juan IPA, Inc., 30949-30951 05-10682 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Flattery Rocks National Wildlife Refuge et al., WA; conservation plan, 30967-30968 05-10298 Environmental statements; notice of intent: Farallon National Wildlife Refuge, CA, 30968-30969 05-10718 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30951-30953 05-10703 Reports and guidance documents; availability, etc.:

Expiration dating of unit-dose repackaged drugs, 30953-30954 05-10702 Food Food Safety and Inspection Service NOTICES Meetings: Meat and Poultry Inspection National Advisory Committee, 30923-30924 05-10735 Forest Forest Service NOTICES Environmental statements; notice of intent: Idaho Panhandle National Forests, ID, 30924-30925 05-10717 Meetings: Resource Advisory Committees— Hood/Willamette, 30926 05-10714 Health Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency NOTICES Meetings:

Data Privacy and Integrity Advisory Committee, 30962 05-10663 National Biodefense Analysis and Countermeasures Center, 30962-30963 05-10664 Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-2726 30965-30967 E5-2727 E5-2729 E5-2730 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes:

Limitations on benefits and contributions under qualified plans, 31214-31256 05-10268 NOTICES Agency information collection activities; proposals, submissions, and approvals, 31014-31015 E5-2719 E5-2720 Meetings: Taxpayer Advocacy Panels, 31015-31017 E5-2718 E5-2721 E5-2722 E5-2731 E5-2732 E5-2733 International International Trade Administration NOTICES Antidumping: Freshwater crawfish tail meat from— China, 30926 E5-2741 Silicomanganese from— China, 30926-30927 E5-2739 International International Trade Commission NOTICES Import investigations:

Automotive grilles, 30973-30974 05-10704 Justice Justice Department See Executive Office for Immigration Review Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Front Range, 30969 05-10716 Library Library of Congress See Copyright Royalty Board, Library of Congress National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Exemption petitions, etc.— Bridgestone/Firestone North America Tire, LLC, 31007-31008 05-10722 Goodyear Tire & Rubber Co., 31006-31007 05-10687 05-10688 05-10689 Motor vehicle theft prevention standards:

Insurer reporting requirements, 31008 05-10695 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 30954 05-10755 National Center for Complementary and Alternative Medicine, 30954 05-10753 National Center on Minority Health and Health Disparities, 30954-30955 05-10754 National Eye Institute, 30955 05-10756 National Heart, Lung, and Blood Institute, 30955-30956 05-10745 05-10746 National Institute of Child Health and Human Development, 30958 05-10757 05-10758 National Institute of Dental and Craniofacial Research, 30957-30958 05-10752 National Institute of Diabetes and Digestive and Kidney Diseases, 30956 05-10747 National Institute of Environmental Health Sciences, 30956-30957 05-10748 05-10749 National Institute of General Medical Sciences, 30958 05-10759 National Institute of Nursing Research, 30956 05-10744 National Institute on Drug Abuse, 30957 05-10750 Scientific Review Center, 30958-30961 05-10751 NOAA National Oceanic and Atmospheric Administration NOTICES Grants and cooperative agreements; availability, etc.:

Educational Partnership Program— Minority serving institutions for scientific environmental technology; cooperative science center; establishment, 30927-30930 05-10705 National Park National Park Service NOTICES Environmental statements; availability, etc.: Denali National Park and Preserve, AK; meetings, 30969-30970 05-10733 North Cascades National Park Service Complex, WA, 30970-30972 05-10729 Environmental statements; notice of intent: Apostle Islands National Lakeshore, WI; general management plan; correction, 30972 05-10731 Meetings:

Acadia National Park Advisory Commission, 30972-30973 05-10732 Cape Code National Seashore Advisory Commission, 30973 05-10730 National Science National Science Foundation PROPOSED RULES Privacy Act; implementation, 30917-30920 05-10701 Nuclear Nuclear Regulatory Commission RULES Organization, functions, and authority delegations: Deputy Executive Director for Information Services and Administration and Chief Information Officer, 30896-30897 05-10710 NOTICES Meetings: Reactor Safeguards Advisory Committee, 30975 E5-2735 Meetings;

Sunshine Act, 30975-30976 05-10825 *Applications, hearings, determinations, etc.:* Portland General Electric Co., 30974-30975 E5-2734 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office RULES Pay under General Schedule: Special, locality, and retained rates; revision, 31278-31315 05-10793 NOTICES Excepted service: Schedules A, B and C; positions placed or revoked— Update, 30976-30978 05-10711 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Homeownership Month (Proc. 7906), 31317-31320 05-10930 SEC Securities and Exchange Commission RULES Electronic Data Gathering, Analysis, and Retrieval System (EDGAR):

Filer Manual; updated, 30899-30900 05-10713 NOTICES Meetings: Smaller Public Companies Advisory Committee, 30978-30979 E5-2724 Meetings; Sunshine Act, 30979 05-10791 Public utility holding company filings, 30979-30981 E5-2725 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 30981-30986 E5-2717 New York Stock Exchange, Inc., 30986-30988 E5-2723 Pacific Exchange, Inc., 30988-30990 E5-2728 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30990 05-10777 State State Department NOTICES Presidential permits:

Transfer of underlying facility, bridge, or border crossing for land transportation; issuance procedures, 30990-30991 05-10736 Substance Substance Abuse and Mental Health Services Administration NOTICES Organization, functions, and authority delegations: Center for Mental Health Services, 30961-30962 05-10715 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee:

U.S.-United Arab Emirates Free Trade Agreement— Environmental review, 30991 05-10774 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 30991-30992 05-10726 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Homeland Security Department, Federal Emergency Management Agency, 31020-31212 05-10616 Part III Treasury Department, Internal Revenue Service, 31214-31256 05-10268 Part IV Federal Trade Commission, 31258-31276 05-10683 Part V Personnel Management Office, 31278-31315 05-10793 Part VI Executive Office of the President, Presidential Documents, 31317-31320 05-10930 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. 70 103 Tuesday, May 31, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 28 [CN-05-001] RIN 0581-AC43 Revision of User Fees for 2005 Crop Cotton Classification Services to Growers AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)will raise user fees for cotton producers for 2005 crop cotton classification services under the Cotton Statistics and Estimates Act. The 2004 user fee for this classification service was $1.65 per bale. This rule will raise the fee for the 2005 crop to $1.85 per bale with the program. This fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision. DATES: *Effective Date:* July 1, 2005. FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Acting Deputy Administrator, Cotton Program, AMS, USDA, Room 2641-S, STOP 0224, 1400 Independence Avenue, SW., Washington, DC 20250-0224. Telephone

(202)720-2145, facsimile

(202)690-1718, or e-mail *darryl.earnest@usda.gov.* SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was published in the **Federal Register** on April 26, 2005 (70 FR 21342). A 15-day comment period was provided for interested persons to respond to the proposed rule. No comments were received and no changes have been made in the provisions of the final rule. Executive Order 12866 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). Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. This rule would not preempt any state or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ) AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small businesses. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. There are an estimated 35,000 cotton growers in the U.S. who voluntarily use the AMS cotton classing services annually, and the majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR 121.201). The increase above the 2004 crop level as stated will not significantly affect small businesses as defined in the RFA because:

(1)The fee represents a very small portion of the cost-per-unit (less than 0.4 cents per lb) currently borne by those entities utilizing the services. (The 2004 user fee for classification services was $1.65 per 500 pound bale; the fee for the 2005 crop will be increased to $1.85 per 500 pound bale; the 2005 crop is estimated at 18,750,000 bales).

(2)The fee for services will not affect competition in the marketplace; and

(3)The use of classification services is voluntary. For the 2004 crop, 22,815,000 bales were produced. Almost all of these bales were voluntarily submitted by growers for the classification service.

(4)Based on the average price paid to growers for cotton from the 2003 crop of 61.8 cents per pound, 500 pound bales of cotton are worth an average of $309 each. The user fee for classification services, $1.85 per bale, is less than one percent of the value of an average bale of cotton. Paperwork Reduction Act In compliance with OMB regulations (5 CFR part 1320), which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), the information collection requirements contained in the provisions to be amended by this rule have been previously approved by OMB and were assigned OMB control number 0581-AC34. Fees for Classification Under the Cotton Statistics and Estimates Act of 1927 The user fee charged to cotton producers for High Volume Instrument

(HVI)classification services under the Cotton Statistics and Estimates Act (7 U.S.C. 473a) was $1.65 per bale during the 2004 harvest season, as determined by using the formula provided in the Uniform Cotton Classing Fees Act of 1987, as amended by Public Law 102-237. The fees cover salaries, costs of equipment and supplies, and other overhead costs, including costs for administration, and supervision. This final rule establishes the user fee charged to producers for HVI classification at $1.85 per bale during the 2005 harvest season. Public Law 102-237 amended the formula in the Uniform Cotton Classing Fees Act of 1987 for establishing the producer's classification fee so that the producer's fee is based on the prevailing method of classification requested by producers during the previous year. HVI classing was the prevailing method of cotton classification requested by producers in 2004. Therefore, the 2005 producer's user fee for classification service is based on the 2004 base fee for HVI classification. The fee was calculated by applying the formula specified in the Uniform Cotton Classing Fees Act of 1987, as amended by Public Law 102-237. The 2004 base fee for HVI classification exclusive of adjustments, as provided by the Act, was $2.32 per bale. An increase of 2.51 percent, or 5 cents per bale, due to the implicit price deflator of the gross domestic product added to the $2.32 would result in a 2005 base fee of $2.37 per bale. The formula in the Act provides for the use of the percentage change in the implicit price deflator of the gross national product (as indexed for the most recent 12-month period for which statistics are available). However, gross *national* product has been replaced by gross *domestic* product by the Department of Commerce as a more appropriate measure for the short-term monitoring and analysis of the U.S. economy. The number of bales to be classed by the United States Department of Agriculture from the 2005 crop is estimated at 18,096,563 bales. The 2005 base fee was decreased 15 percent based on the estimated number of bales to be classed (1 percent for every 100,000 bales or portion thereof above the base of 12,500,000, limited to a maximum decreased adjustment of 15 percent). This percentage factor amounts to a 35 cents per bale reduction and was subtracted from the 2005 base fee of $2.37 per bale, resulting in a fee of $2.02 per bale. With a fee of $2.02 per bale, the projected operating reserve would be 32.45 percent. The Act specifies that the Secretary shall not establish a fee which, when combined with other sources of revenue, will result in a projected operating reserve of more than 25 percent. Accordingly, the fee of $2.02 was required to be reduced by 17 cents per bale, to $1.85 per bale, to provide an ending accumulated operating reserve for the fiscal year of not more than 25 percent of the projected cost of operating the program. This would establish the 2005 season fee at $1.85 per bale. Accordingly, § 28.909, paragraph

(b)is revised to reflect the increase of the HVI classification fee from $1.65 to $1.85 per bale. As provided for in the Uniform Cotton Classing Fees Act of 1987, as amended, a 5 cent per bale discount would continue to be applied to voluntary centralized billing and collecting agents as specified in § 28.909(c). Growers or their designated agents receiving classification data would continue to incur no additional fees if classification data is requested only once. The fee for each additional retrieval of classification data in § 28.910 will remain at 5 cents per bale. The fee in § 28.910(b) for an owner receiving classification data from the National database will remain at 5 cents per bale, and the minimum charge of $5.00 for services provided per monthly billing period will remain the same. The provisions of § 28.910(c) concerning the fee for new classification memoranda issued from the National database for the business convenience of an owner without reclassification of the cotton will remain the same at 15 cents per bale or a minimum of $5.00 per sheet. The fee for review classification in § 28.911 will be increased from $1.65 to $1.85 per bale. The fee for returning samples after classification in § 28.911 will remain at 40 cents per sample. List of Subjects in 7 CFR Part 28 Administrative practice and procedure, Cotton, Cotton samples, Grades, Market news, Reporting and record keeping requirements, Standards, Staples, Testing, Warehouses. For the reasons set forth in the preamble, 7 CFR part 28 is amended as follows: PART 28—[AMENDED] 1. The authority citation for 7 CFR part 28, subpart D, continues to read as follows: Authority: 7 U.S.C. 471-476. 2. In § 28.909, paragraph

(b)is revised to read as follows: § 28.909 Costs.

(b)The cost of High Volume Instrument

(HVI)cotton classification service to producers is $1.85 per bale. 3. In § 28.911, the last sentence of paragraph

(a)is revised to read as follows: § 28.911 Review classification.

(a)* * * The fee for review classification is $1.85 per bale. Dated: May 26, 2005. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 05-10834 Filed 5-27-05; 8:45 am]

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