Unknown. Direct final rule

3,660 words·~17 min read·/register/2005/07/05/05-13144·

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-07-05.xml --- 70 127 Tuesday, July 5, 2005 Contents Agriculture Agriculture Department See Energy Office, Agriculture Department See Food and Nutrition Service See Forest Service See Natural Resources Conservation Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 38645 05-13104 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Minority serving institutions; enhancing professional education, research infrastructure, and capacity building, 38683-38688 05-13133 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 38688-38689 05-13131 Patent licenses; non-exclusive, exclusive, or partially exclusive: AerovectRx; correction, 38689 05-13132 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Coast Guard Coast Guard RULES Drawbridge operations:

Maryland, 38594-38596 05-13129 Mississippi, 38593-38594 05-13126 NOTICES Agency information collection activities; proposals, submissions, and approvals, 38701-38703 05-13127 05-13128 Organization, functions, and authority delegations: Sector Lower Mississippi River, TN; stand-up announcement, 38703-38704 05-13130 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Export visa requirements; certification, waivers, etc.:

Various countries, 38659-38660 E5-3490 Customs Customs and Border Protection Bureau PROPOSED RULES Organization, functions; field organization, ports of entry, etc.: New River Valley, VA; port establishment, 38637-38639 05-13120 Defense Defense Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-13099 38660-38662 05-13100 05-13102 05-13103 Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 38662-38664 05-13119 Energy Energy Department See Federal Energy Regulatory Commission Energy Energy Office, Agriculture Department PROPOSED RULES Biobased products; designation guidance for federal procurement, 38612-38625 05-12978 EPA Environmental Protection Agency PROPOSED RULES Reports and guidance documents; availability, etc.:

Transuranic radioactive waste disposal; Hanford site, 38642-38644 05-13166 NOTICES Agency information collection activities; proposals, submissions, and approvals, 38675-38680 05-13167 05-13168 05-13169 05-13170 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 38580-38582 05-12843 Bombardier, 38575-38578 05-12837 Fokker, 38573-38575 05-12836 Learjet, 38578-38580 05-12842 Class E airspace; correction, C5-9434 38740 C5-9435 Noise standards: Subsonic jet airplanes and subsonic transport category large airplanes, 38742-38750 05-13076 Restricted areas; correction, 38740 C5-11761 PROPOSED RULES Airworthiness directives:

Boeing, 38630-38637 05-13136 05-13139 05-13141 Hamilton Sundstrand Power Systems, 38625-38627 05-13134 Rolls-Royce Deutschland Ltd. & Co. KG, 38627-38630 05-13135 Class E airspace; correction, 38740 C5-12378 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 38680-38683 05-13115 05-13116 05-13117 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate filings, 38668-38669 E5-3471 Environmental statements; notice of intent:

ANR Pipeline Co., 38669-38671 E5-3506 Florida Gas Transmission Co., 38671-38673 E5-3497 Hydroelectric applications, 38673-38674 E5-3496 Meetings: Entergy Services, Inc.; technical conference, 38674 E5-3478 Applications, hearings, determinations, etc.: Aquila Inc., 38665 E5-3495 California Independent System Operator Corp., 38665 E5-3494 Cheyenne Plains Gas Company, L.L.C., 38665 E5-3480 Colorado Interstate Gas Co., 38665-38666 E5-3503 Dominion Cove Point LNG, LP, 38666 E5-3476 El Paso Natural Gas Co., 38666-38667 E5-3481 Kern River Gas Transmission Co., 38667 E5-3477 Mojave Pipeline Co., 38667 E5-3502 Northwest Pipeline Corp., 38667-38668 E5-3498 Texas Gas Transmission, LLC, 38668 E5-3482 Wyoming Interstate Co., Ltd., 38668 E5-3501 Food Food and Drug Administration NOTICES Meetings:

Cellular, Tissue and Gene Therapies Advisory Committee, 38689 05-13122 Reports and guidance documents; availability, etc.: Emergency Use Authorization of Medical Products; guidance, 38689-38692 05-13121 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 38645-38646 05-13113 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 38646-38655 05-12998 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Meetings:

Human Research Protections, Secretary's Advisory Committee, 38683 05-13155 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau NOTICES Meetings: National Infrastructure Advisory Council; correction, 38699 05-13217 Privacy Act: Systems of records, 38699-38701 05-13215 Housing Housing and Urban Development Department NOTICES Public and Indian housing: Section 8 tenant-based housing assistance program— Bulletin on detecting and preventing embezzlement, 38704-38705 E5-3479 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 38692-38695 05-12693 Interior Interior Department See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping:

Fresh garlic from— China, 38656 E5-3488 Cheese quota; foreign government subsidies; quarterly update, 38656-38657 05-13179 Tariff rate quotas: Worsted wool fabrics, 38657-38658 E5-3489 International International Trade Commission NOTICES Import investigations: Stainless steel plate from— Various countries, 38710 05-13123 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities National Council, 38710-38711 05-13183 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 38695-38697 05-13153 05-13154 Environmental statements; record of decision:

Main Campus, Bethesda, MD; Master Plan 2003 update, 38697-38698 05-13147 Meetings: National Institute of Child Health and Human Development, 38699 05-13152 National Institute of Mental Health, 38698-38699 05-13151 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific coast groundfish, 38596-38611 05-13178 NOTICES Meetings: New England Fishery Management Council, 38658 E5-3487 Permits:

Marine mammals, 38658-38659 05-13181 NRCS Natural Resources Conservation Service NOTICES Environmental statements; record of decision: Hatch Valley Arroyos Site 6, Dona Ana County, NM, 38655-38656 05-13112 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, E5-3483 38711-38712 E5-3484 E5-3485 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 38712-38729 05-12987 Reports and guidance documents; availability, etc.:

Combustion engineering plants; technical specification improvement; model safety evaluation, 38729-38731 E5-3486 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 38731-38732 05-13300 Personnel Personnel Management Office NOTICES Personnel management demonstration project: Commerce Department alternative personnel management system, 38732-38733 05-13071 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 38737-38738 05-13125 Reclamation Reclamation Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 38705-38710 05-13138 05-13145 05-13146 Rural Rural Business-Cooperative Service RULES Intermediary Relending Program, 38571-38573 05-13144 RUS Rural Utilities Service RULES Intermediary Relending Program, 38571-38573 05-13144 SBA Small Business Administration NOTICES Disaster loan areas:

Montana, 38733-38734 05-13150 Social Social Security Administration RULES Social security benefits: Federal old-age, survivors, and disability insurance— Genitourinary impairments evaluation; revised medical criteria, 38582-38593 05-13097 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-13105 38734-38737 05-13106 05-13109 05-13111 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions:

North Dakota, 38639-38642 05-13124 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See United States Mint NOTICES Meetings: Federal Tax Reform, Presidents's Advisory Panel, 38738-38739 05-13255 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 38739 05-13180 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 38742-38750 05-13076 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. 70 127 Tuesday, July 5, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Rural Utilities Service 7 CFR Part 4274 RIN 0570-AA42 Intermediary Relending Program AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Direct final rule. SUMMARY: The Rural Business-Cooperative Service

(RBS)amends its regulations for the Intermediary Relending Program (IRP), 7 CFR 4274, subpart D. This action is needed to correct several problems that RBS has observed in the program operation. The intended effect of this action is to provide clarification and guidance and to allow the program to operate more efficiently and effectively. DATES: This direct final rule is effective August 19, 2005 unless RBS receives written adverse comments or written notices of intent to submit adverse comments on or before August 4, 2005. If RBS receives such comments or notices, RBS 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 instructions for submitting comments on the Web site. • *E-Mail: comments@usda.gov.* Include the RIN No. *0570-AA42* 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 other 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, Washington, DC 20024. All written comments will be available for public inspection during regular work hours at 300 7th Street, SW., 7th Floor address listed above. FOR FURTHER INFORMATION CONTACT: Lori A. Washington, Loan Specialist, Specialty Lenders Division, Rural Business-Cooperative Service, U.S. Department of Agriculture, STOP 3225, 1400 Independence Ave., SW., Washington, DC 20250-3225, telephone

(202)720-9815, e-mail *lori.washington@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). Programs Affected The Catalog of Federal Domestic Assistance number for the program impacted by this action is 10.767, Intermediary Relending Program. Intergovernmental Review The IRP is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. RBS has conducted intergovernmental consultation in the manner delineated in RD Instruction 1940-J, “Intergovernmental Review of Rural Development Programs and Activities,” and in 7 CFR 3015, subpart V. Civil Justice Reform This direct final rule has been reviewed under Executive Order 12988, 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 this rule, and

(3)administrative proceedings in accordance with the regulations of the Agency at 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. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” RBS 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, Pub. L. 91-190, an Environmental Impact Statement is not required. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, RBS must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector of $100 million or more in any 1 year. When such a statement is needed for a rule, section 205 of UMRA generally requires RBS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost effective, or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) 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 UMRA. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act, RBS has determined that this action would not have a significant economic impact on a substantial number of small entities because the action will not affect a significant number of small entities as defined by the Regulatory Flexibility Act (5 U.S.C. 601). RBS made this determination based on the fact that this regulation only impacts those who choose to participate in the program. Small entity applicants will not be impacted to a greater extent than large entity applicants. Therefore, a regulatory impact analysis was not performed. Executive Order 13132, Federalism It has been determined under Executive Order 13132, Federalism, that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in this rule will not have a substantial direct effect on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of government. Paperwork Reduction Act This rule does not revise or impose any new information collection or recordkeeping requirements. Background A complete rewrite of the program regulations for the IRP was published on February 6, 1998. RBS has identified issues and requirements in the regulations that need further clarification for proficient administration of the program and to obtain maximum benefit of allocated funds. This action amends specific provisions of the regulation. Currently, the regulation states that RBS is to take a security interest in all assets currently in or hereafter placed in the intermediary's IRP revolving fund. Recent enactment of the new Uniform Commercial Code provision has provided a control agreement with the depository bank, which is sufficient to protect RBS's security interest in the IRP bank account. RD Instruction 4274, subpart D, § 4274.331(a)(3)(i) provides that in order to apply for and be considered for subsequent IRP loans, an intermediary must use at least 80 percent of its approved loan funds to be eligible. The purpose of this requirement is to help prevent an intermediary from borrowing more than it can use promptly and thereby holding or reserving funds that could otherwise be loaned to other intermediaries. RBS is changing this requirement to ease restrictions on intermediaries that have received multiple loans that serve different service areas. For example, an intermediary that normally serves several counties and has one loan to serve the entire area, may obtain a second loan from Empowerment Zone/Enterprise Communities and Rural Economic Area Partnership Zones (EZ/EC/REAP) earmarked funds to serve the area within an EZ/EC/REAP. The intermediary may not be able to use the EZ/EC/REAP funds as rapidly as the unrestricted funds. The current regulation prevents the intermediary from qualifying for a subsequent loan to meet the need for loans outside the EZ/EC/REAP until it is able to use the EZ/EC/REAP funds. This requirement appears to be an excessive burden on intermediaries, and the change removes this inequity. Some intermediaries have received several loans over a period of years. Questions have been raised as to whether such an intermediary must have used 80 percent of the total funds received or 80 percent of each loan. This change clarifies the regulation by explaining that at least 80 percent of each prior Agency IRP loan approved for the intermediary must have been disbursed to eligible ultimate recipients, or that the subsequent loan will serve a different service area. If the intermediary has received multiple loans, at least 80 percent of each previous loan must have been disbursed. To comply with the Environmental Policy Act, IRP regulations at § 4274.337(b) require Rural Development staff to complete a Class II Environmental Assessment for each IRP application from an intermediary. Since most intermediaries do not know, at the application stage, the ultimate recipients, the type of business, or where the business will be located, the assessment is of a generalized nature, and no public notices are issued. When the intermediary is ready to actually approve loans to specific ultimate recipients, RBS conducts an environmental review of each ultimate recipient loan. A program review by an RBS management control team has recommended the Class II Environmental Assessment not be required for a subsequent loan to an intermediary. Normally, the factors to be assessed are the same for a subsequent loan as they were for the initial loan. RBS has decided to consider subsequent loans to an intermediary a categorical exclusion for environmental review, rather than a Class II action, provided the service area, eligibility requirements, and eligible purposes for loans to ultimate recipients will be the same for the subsequent loan as were considered in the previous environmental assessment. The current priority scoring system allows points for the intermediary's equity contribution to the IRP revolving fund. It also allows points for other funds known as project contribution funds, to be provided by the intermediary to help meet ultimate recipient credit needs. The intermediary can contribute funds to, and receive points for, both categories. However, this is not well understood by RBS staff or applicants. Verbiage has been provided in RD Instruction 4274, subpart D, § 4274.344(c)(1)(ii) to better define the point structure. The current regulation is silent regarding the timing of advancement of funds after closing the IRP loan. Outstanding obligations on IRP loans that are not advanced in a timely manner impact loan performance. This, in turn, negatively affects the program's subsidy rate resulting in increased administrative costs and reducing availability of funds for relending. Therefore, RBS will require that the intermediary initially draw up to 25 percent of the loan funds, or, have at least one ultimate recipient loan application ready to close upon closing of the IRP loan. List of Subjects in 7 CFR 4274 Community development, Economic development, Loan programs—business, rural areas. For reasons set forth in the preamble, Chapter XLII, title 7, of the Code of Federal Regulations is amended as follows: PART 4274—DIRECT AND INSURED LOANMAKING 1. The authority citation for part 4274 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note; 7 U.S.C. 1989. Subpart D—Intermediary Relending Program

(IRP)2. Section 4274.326 is amended by adding paragraph (a)(3) to read as follows: § 4274.326 Security.

(a)* * *

(3)In addition to normal security documents, a first lien interest in the intermediary's revolving fund account will be accomplished by a control agreement satisfactory to RBS. The control agreement does not have to require RBS signature for withdrawals. The depository bank shall waive its offset and recoupment rights against the depository account to RBS and subordinate any liens it may have against the IRP depository bank account. The use of Form RD 402-1, “Deposit Agreement,” or similar form developed by the State Regional Office of the General Counsel is acceptable. 3. Section 4274.331 is amended by revising paragraph (a)(3)(i) and paragraph (a)(4) to read as follows: § 4274.331 Loan limits.

(a)* * *

(3)* * *

(i)At least 80 percent of each of an intermediary's IRP loans, except those earmarked for special purposes, must have been disbursed to eligible ultimate recipients or the subsequent loan will serve a geographic area not included in an area currently served.

(4)Subsequent loans will not exceed $1 million each and not more than one loan will be approved by the Agency for an intermediary in any single fiscal year unless the request is from an IRP earmark. 4. Section 4274.337(b)(2) is amended by revising the first sentence and adding a sentence at the end of the paragraph to read as follows: § 4274.337 Other regulatory requirements.

(b)* * *

(2)For each application for an initial loan to an intermediary, the Agency will review the application, supporting materials, and any environmental information required from the intermediary and complete a Class II environmental assessment. * * * An application for a subsequent loan to an intermediary may be considered a categorical exclusion for environmental review, rather than a Class II action, provided the service area, eligibility requirements, and eligible purposes for loans to ultimate recipients will be the same for the subsequent loan as were considered in the previous environmental assessment, and the purpose of the loan is not environmentally controversial. 5. Section 4274.338 is amended by revising paragraph (a)(5)(i) and by revising the last sentence in paragraph (b)(4)(i)(B) to read as follows: § 4274.338 Loan agreements between the Agency and the intermediary.

(a)* * *

(5)* * *

(i)The intermediary may initially draw up to 25 percent of the loan funds or, the intermediary must have at least one ultimate recipient loan application ready to close. Upon requesting a disbursement, the intermediary must provide documentation showing that its equity contribution has been deposited into the IRP revolving loan fund account. The initial draw must be deposited in an interest bearing account in accordance with § 4274.332(b)(5) until needed and must be used for loans to ultimate recipients before any additional Agency IRP loan funds may be drawn by the intermediary.

(b)* * *

(4)* * *

(i)* * *

(B)* * * Intermediaries covered by OMB Circular A-133 should submit audits made in accordance with that circular. 6. Section 4274.344 is amended by revising the first sentence of the introductory text of paragraph

(c)and by revising paragraph (c)(1)(ii) introductory text to read as follows: § 4274.344 Filing and processing applications for loans.

(c)*Loan priorities* . A point system will be used to determine an eligible applicant's priority for available loan funds. * * *

(1)* * *

(ii)The intermediary will provide loans to ultimate recipients from its project contribution funds to pay part of the costs of ultimate recipient projects. Project contribution funds must be separate and distinct from any loan or grant dollars provided to the intermediary under the IRP, as well as the intermediary's equity contribution. When evaluating an application for initial or supplemental funding, the Agency will consider the level of the applicant's project contribution and award points as follows: Dated: May 19, 2005. Peter J. Thomas, Administrator, Rural Business-Cooperative Service. [FR Doc. 05-13144 Filed 7-1-05; 8:45 am]

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