Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-07-22.xml --- 70 140 Friday, July 22, 2005 Contents Agricultural Agricultural Marketing Service RULES Eggs, poultry, and rabbit grading: Fees and charges increase, 42254-42256 05-14514 Pistachios grown in— California, 42256-42259 05-14513 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42299 05-14515 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Rural Telephone Bank Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Tuberculosis in cattle and bison; State and zone designations; New Mexico, 42259-42261 05-14445 Army Army Department See Engineers Corps Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services RULES Health care access: Group health insurance market requirements; mental health parity, 42276-42278 05-14504 NOTICES Agency information collection activities; proposals, submissions, and approvals, 42324-42327 05-14149 05-14155 05-14156 05-14474 05-14476 Committees; establishment, renewal, termination, etc.:

Medicare Coverage Advisory Committee, 42327-42328 05-14150 Medicare Education Advisory Panel, 42328-42329 05-14153 Meetings: Medicare— Medicare Coverage Advisory Committee, 42329-42330 05-14152 Practicing Physicians Advisory Council, 42330-42331 05-14154 Organization, functions, and authority delegations: Succession order, 42331 05-14148 Reports and guidance documents; availability, etc.: Medicare program; evaluation criteria and standards for quality improvement program contracts, 42331-42336 05-14505 CIA Central Intelligence Agency NOTICES Privacy Act:

Systems of records, 42418-42453 05-13889 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: National Domestic Violence Hotline, 42336-42345 05-14459 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 42300-42301 E5-3917 E5-3918 Copyright Copyright Office, Library of Congress PROPOSED RULES Copyright office and procedures:

Preregistration of certain unpublished copyright claims, 42286-42292 05-14516 Defense Base Closure Defense Base Closure and Realignment Commission NOTICES Reports and guidance documents; availability, etc.: Recommendations to the President; comment request, 42311 05-14596 Defense Defense Department See Engineers Corps NOTICES Meetings: Defense Business Board, 42311 05-14534 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 42313 05-14641 Employment Employment and Training Administration PROPOSED RULES Federal Unemployment Tax Act:

Unemployment compensation; eligibility, 42474-42482 05-14384 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Mississippi River & Tributaries, St. Johns Bayou, and New Madrid Floodway, MO; first phase flood control, 42312-42313 05-14165 EPA Environmental Protection Agency RULES Hazardous waste program authorizations: Idaho, 42273-42276 05-14545 PROPOSED RULES Pesticide programs: Registration review; procedural regulations, 42292-42293 05-14602 NOTICES Committees; establishment, renewal, termination, etc.:

National Drinking Water Advisory Council, 42317-42318 05-14536 Environmental statements; availability, etc.: Agency statements— Comment availability, 42318-42320 05-14552 Weekly receipt, 42318 05-14546 Executive Executive Office of the President See Central Intelligence Agency See Presidential Documents Farm Farm Service Agency NOTICES Meetings: Beginning Farmers and Ranchers Advisory Committee, 42484 05-14511 FAA Federal Aviation Administration RULES Airworthiness directives:

Airbus, 42267-42269 05-14173 Boeing, 42269-42271 05-14174 Lockheed, 42262-42267 05-14089 PROPOSED RULES Airworthiness directives: Lycoming, 42282-42286 05-14575 Federal Election Federal Election Commission PROPOSED RULES Certain salaries and wages; State, district and local party committee payments; Federal election activity definition; hearings, 42282 05-14508 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 42357 05-14480 Disaster and emergency areas:

Florida, 42358 05-14477 Mississippi, 42358 05-14478 05-14479 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 42316-42317 E5-3920 *Applications, hearings, determinations, etc.:* Great Lakes Gas Transmission LP, 42313-42314 E5-3925 Green Power Development, LLC, 42314-42315 E5-3923 Lochner, Philip R., Jr., 42315 E5-3922 Portland General Electric Co., 42315 E5-3924 Texas Eastern Transmission, LP, 42316 E5-3921 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.:

South Carolina, 42407-42408 05-14486 Federal Procurement Federal Procurement Policy Office PROPOSED RULES Acquisition regulations: Cost Accounting Standards Board— Employee stock ownership plans sponsored by Government contractors; costs accounting, 42293-42298 05-13951 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: San Diego Bay National Wildlife Refuge, CA, 42359-42361 05-14217 Endangered and threatened species: Incidental take permits— El Paso County, CO;

Preble's meadow jumping mouse, 42361 05-14503 Food Food and Drug Administration RULES Color additives: Mica-based pearlescent pigments, 42271-42273 05-14457 NOTICES Meetings: Medical Devices Advisory Committee, 42345-42346 05-14455 Reports and guidance documents; availability, etc.: Initial clinical trials for therapeutics in adult healthy volunteers; maximum safe starting dosage; industry guidance, 42346 05-14456 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Ravalli County, 42299-42300 05-14489 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 42320 05-14475 Meetings:

Vital and Health Statistics National Committee, 05-14507 42320-42321 05-14509 Organization, functions, and authority delegations: Budget, Technology and Finance Office, 42321-42324 05-14506 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42346-42347 05-14484 Organization, functions, and authority delegations: Policy and Development Division, 42347-42348 05-14485 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 42359 05-14198 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Reclamation Bureau International International Boundary and Water Commission, United States and Mexico NOTICES Environmental statements; availability, etc.: San Diego, CA; South Bay International Wastewater Treatment Plant, 42379-42380 05-14364 International International Trade Administration NOTICES Antidumping:

Cased pencils from— China, 42301-42303 05-14524 05-14525 Pasta from— Italy, 42303-42309 05-14526 Polyvinyl alcohol from— China, 42309-42310 05-14527 International International Trade Commission NOTICES Import investigations: Grain-oriented silicon electrical steel from— Italy and Japan, 42380-42381 05-14483 Hard red spring wheat from— Canada, 42381-42382 05-14482 Reports and guidance documents; availability, etc.: Administrative protective orders; commission practice summary, 42382-42388 05-14481 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Horning Seed Orchard, OR, 42361-42362 05-14418 Provolt and Sprague Seed Orchards, OR, 42362-42363 05-14416 Tyrrell Seed Orchard, OR, 42364-42365 05-14417 Meetings: Resource Advisory Committees— Coos Bay District, 42365 05-14473 Survey plat filings: Montana, 42365-42366 05-14487 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office See Federal Procurement Policy Office Mexico Mexico and United States, International Boundary and Water Commission See International Boundary and Water Commission, United States and Mexico Millennium Millennium Challenge Corporation NOTICES Meetings;

Sunshine Act, 42394 05-14597 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 42366-42377 05-14528 Mississippi Mississippi River Commission NOTICES Meetings; Sunshine Act, 42394 05-14583 NASA National Aeronautics and Space Administration NOTICES Meetings: NASA Advisory Council, 42394-42395 05-14449 National Institute National Institute of Standards and Technology NOTICES Inventions, Government-owned; availability for licensing, 42310-42311 05-14512 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 42348-42349 05-14491 Inventions, Government-owned; availability for licensing, 42349-42353 05-14495 05-14497 05-14498 05-14499 Meetings:

National Human Genome Research Institute, 42353 05-14492 National Institute of Child Health and Human Development, 42354-42355 05-14496 05-14500 05-14501 National Institute of Environmental Health Sciences, 42354 05-14493 Scientific Review Center, 42355-42356 05-14494 Patent licenses; non-exclusive, exclusive, or partially exclusive: FDA-approvable HIV diagnostic kits, 42356-42357 05-14502 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska northern rockfish, 42281 05-14521 Pacific ocean perch, 42279-42281 05-14446 05-14447 05-14523 Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico shallow-water grouper, 42279 05-14522 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Dominion Nuclear Connecticut, Inc., 42395 E5-3919 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 42389-42394 05-14537 05-14538 05-14539 05-14544 Personnel Personnel Management Office RULES Retirement:

Law enforcement officers and firefighters; special retirement provisions, 42253-42254 05-14240 Presidential Presidential Documents ADMINISTRATIVE ORDERS Palestinian Authority; waiver of restrictions on funding (Presidential Determination) No. 2005-29 of July 14, 2005, 42251 05-14610 Reclamation Reclamation Bureau NOTICES Contract negotiations: Water service, repayment, and other water-related contract negotiations; quarterly status report, 42377-42379 05-14488 Rural Rural Telephone Bank NOTICES Meetings;

Sunshine Act, 42300 05-14640 SEC Securities and Exchange Commission RULES Securities: Delisting and deregistration procedures, 42456-42471 05-14229 NOTICES Meetings; Sunshine Act, 42395 05-14647 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 42396-42397 E5-3913 Chicago Board Options Exchange, Inc., 42397-42398 E5-3916 National Association of Securities Dealers, Inc., 42398-42403 E5-3912 Options Clearing Corp., 42403-42406 E5-3914 E5-3915 SBA Small Business Administration NOTICES Disaster loan areas:

Florida, 42406-42407 05-14468 05-14471 Idaho, 42407 05-14469 Mississippi, 42407 05-14470 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: BNSF Railway Co., 42408 05-14490 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 42408-42413 05-14462 05-14463 05-14466 05-14467 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 42413-42414 05-14543 Patent licenses; non-exclusive, exclusive, or partially exclusive:

CellCyte Genetics, Inc., 42414-42415 05-14542 Global Therapy Monitoring LLC, 42415 05-14541 Reports and guidance documents; availability, etc.: Fleet Alternative Fuel Vehicle

(AFV)program; annual report, 42415 05-14540 Separate Parts In This Issue Part II Executive Office of the President, Central Intelligence Agency, 42418-42453 05-13889 Part III Securities and Exchange Commission, 42456-42471 05-14229 Part IV Labor Department, Employment and Training Administration, 42474-42482 05-14384 Part V Agriculture Department, Farm Service Agency, 42484 05-14511 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. 70 140 Friday, July 22, 2005 Rules and Regulations OFFICE OF PERSONNEL MANAGEMENT 5 CFR Parts 831 and 842 RIN 3206-AJ39 Law Enforcement Officer and Firefighter Retirement AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management

(OPM)is issuing final rules that permit certain police officers with the Metropolitan Washington Airports Authority

(MWAA)to elect coverage under the special retirement provisions for law enforcement officers. We are also amending the regulations governing special retirement provisions for law enforcement officers and officers and firefighters employed under the Civil Service Retirement System

(CSRS)and the Federal Employees Retirement System (FERS). These changes were made to clarify and interpret previously promulgated regulations. DATES: This final rule is effective July 22, 2005. FOR FURTHER INFORMATION CONTACT: Mary Ellen Wilson,

(202)606-0299. SUPPLEMENTARY INFORMATION: On July 25, 2001, we published (at 66 FR 38524) interim regulations to implement provisions of section 636 of the Treasury and General Government Appropriations Act, 2001, enacted December 21, 2000, which is incorporated by reference as Appendix C to the Consolidated Appropriations Act, 2001, Public Law 106-554 (114 Stat. 2763). Section 636 of the Treasury and General Government Appropriations Act, 2001, permits certain police officers with the Metropolitan Washington Airports Authority

(MWAA)to elect coverage under the special retirement provisions for law enforcement officers. The interim rules issued on July 25, 2001, established procedures for these MWAA police officers to elect coverage under the special retirement provisions for law enforcement officers. The interim rule also made other amendments to previously promulgated rules regulating law enforcement officer and firefighter retirement coverage under the Civil Service Retirement System

(CSRS)and the Federal Employees Retirement System (FERS). OPM received comments from one Federal agency. The commentor noted that the revised definition of *agency head* at 5 CFR 831.902 and 5 CFR 842.802 deleted language from the second sentence of the definition. Specifically, the phrase “for provisions dealing with law enforcement officers and firefighters” was deleted from the definition of *agency head* at 5 CFR 842.802, and the phrase “or to the deputy department head” was deleted from the definition of *agency head* at 5 CFR 831.902 and 5 CFR 842.802. The commentor noted that the deletion of these phrases could be interpreted as a new restriction on an agency's ability to delegate decision-making authority. We agree with the commentor. The definition of *agency head* was revised only to clarify and interpret the existing extent of an agency head's authority. We are restoring the deleted language to indicate that the existing ability of an agency head to delegate decision-making authority is unchanged. Executive Order 12866, Regulatory Review This rule has been reviewed by the Office of Management and Budget in accordance with Executive Order 12866. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities because the regulation will only affect a small number of employees of the Metropolitan Washington Airports Authority. List of Subjects in 5 CFR Parts 831 and 842 Administrative practice and procedure, Air traffic controllers, Alimony, Claims, Disability benefits, Firefighters, Government employees, Income taxes, Intergovernmental relations, Law enforcement officers, Pensions, Reporting and recordkeeping requirements, Retirement. U.S. Office of Personnel Management. Linda M. Springer, Director. Accordingly, the interim rule amending 5 CFR parts 831 and 842, which was published at 66 FR 38524 on July 25, 2001, is adopted as a final rule with the following change: PART 831—RETIREMENT 1. The authority citation for part 831 is revised to read as follows: Authority: 5 U.S.C. 8347; Sec. 831.102 also issued under 5 U.S.C. 8334; Sec. 831.106 also issued under 5 U.S.C. 552a; Sec. 831.108 also issued under 5 U.S.C. 8336(d)(2); Sec. 831.114 also issued under 5 U.S.C. 8336(d)(2), and section 1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Sec. 831.201(b)(1) also issued under 5 U.S.C. 8347(g); Sec. 831.201(b)(6) also issued under 5 U.S.C. 7701(b)(2); Sec. 831.201(g) also issued under sections 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 831.201(g) also issued under section 7(b) and

(e)of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.201(i) also issued under sections 3 and 7(c) of Pub. L. 105-274, 112 Stat. 2419; Sec. 831.204 also issued under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 831.205 also issued under section 2207 of Pub. L. 106-265, 114 Stat. 784; Sec. 831.301 also issued under section 2203 of Pub. L. 106-265, 114 Stat. 780; Sec. 831.303 also issued under 5 U.S.C. 8334(d)(2) and section 2203 of Pub. L. 106-235, 114 Stat. 780; Sec. 831.502 also issued under 5 U.S.C. 8337; Sec. 831.502 also issued under section 1(3), E.O. 11228, 3 CFR 1965-1965 Comp. p. 317; Sec. 831.663 also issued under section 8339(j) and (k)(2); Secs. 831.663 and 831.664 also issued under section 11004(c)(2) of Pub. L. 103-66, 107 Stat. 412; Sec. 831.682 also issued under section 201(d) of Pub. L. 99-251, 100 Stat. 23; Sec. 831.912 also issued under section 636 of Appendix C to Pub. L. 106-554, 114 Stat. 2763A-164; subpart V also issued under 5 U.S.C. 8343a and section 6001 of Pub. L. 100-203, 101 Stat. 1330-275; Sec. 831.2203 also issued under section 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388-328. Subpart I—Law Enforcement Officers and Firefighters 2. Amend § 831.902 by revising the definition of *agency head* to read as follows: § 831.902 Definitions. *Agency head* means, for the executive branch agencies, the head of an executive agency as defined in 5 U.S.C. 105; for the legislative branch, the Secretary of the Senate, the Clerk of the House of Representatives, or the head of any other legislative branch agency; for the judicial branch, the Director of the Administrative Office of the U.S. Courts; for the Postal Service, the Postmaster General; and for any other independent establishment that is an entity of the Federal Government, the head of the establishment. For the purpose of an approval of coverage under this subpart, *agency head* is also deemed to include the designated representative of the head of an executive department as defined in 5 U.S.C. 101, except that the designated representative must be a department headquarters-level official who reports directly to the executive department head, or to the deputy department head, and who is the sole such representative for the entire department. For the purpose of a denial of coverage under this subpart, *agency head* is also deemed to include the designated representative of the *agency head* , as defined in the first sentence of this definition, at any level within the agency. PART 842—FEDERAL EMPLOYEES RETIREMENT SYSTEM—BASIC ANNUITY 3. The authority citation for part 842 is revised to read as follows: Authority: 5 U.S.C. 8461(g); Secs. 842.104 and 842.106 also issued under 5 U.S.C. 8461(n); Sec. 842.104 also issued under sections 3 and 7(c) of Pub. L. 105-274, 112, Stat. 2419; Sec. 842.105 also issued under 5 U.S.C. 8402(c)(1) and 7701(b)(2); Sec, 842.106 also issued under section 102(e) of Pub. L. 104-8, 109 Stat. 102, as amended by section 153 of Pub. L. 104-134, 110 Stat. 1321; Sec. 842.107 also issued under sections 11202(f), 11232(e), and 11246(b) of Pub. L. 105-33, 111 Stat. 251; Sec. 842.107 also issued under section 7(b) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.108 aslo issued under section 7(e) of Pub. L. 105-274, 112 Stat. 2419; Sec. 842.213 also issued under 5 U.S.C. 8414(b)(1)(B) and section 1313(b)(5) of Pub. L. 107-296, 116 Stat. 2135; Secs. 842.604 and 842.611 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued under 5 U.S.C. 8416 and 8417; Sec. 842.614 also issued under 5 U.S.C. 8419; Sec. 842.615 also issued under 5 U.S.C. 8418; Sec. 842.703 also issued under section 7001(a)(4) of Pub. L. 101-508, 104 Stat. 1388; Sec. 842.707 also issued under section 6001 of Pub. L. 100-203, 101 Stat. 1300; Sec. 842.708 also issued under section 4005 of Pub. L. 101-239, 103 Stat. 2106 and section 7001 of Pub. L. 101-508, 104 Stat. 1388, subpart H also issued under 5 U.S.C. 1104; sec. 842.810 also issued under Appendix C to Pub. L. 106-554, 114 Stat. 2763A-164. Subpart H—Law Enforcement Officers, Firefighters, and Air Traffic Controllers 4. Amend § 842.802 by revising the definition of *agency head* to read as follows: § 842.802 Definitions *Agency head* means, for the executive branch agencies, the head of an executive agency as defined in 5 U.S.C. 105; for the legialative branch, the Secretary of State, the Clerk of the House of representatives, or the head of any other legislative branch agency; for the judicial branch, the Director of the Administrative Office of the U.S. Courts; for the Postal Service, the Postmaster General; and for any other independent establishment that is an entity of the Federal Government, the head of the establishment. For the purpose of an approval of coverage under this subpart, *agency head* is also deemed to include the designated representative of the head of an executive department as defined in 5 U.S.C. 101, except that, for provisions dealing with law enforcement officers and firefighters, the designated representative must be a department headquarters-level official who reports directly to the executive department head, or to the deputy department head, and who is the sole such represenative for the entire department. For the purpose of a denial coverage under this subpart, *agency head* is also deemed to include the designated representative of the *agency head* , as defined in the first sentence of this definition, at any level within the agency. [FR Doc. 05-14240 Filed 7-21-05; 8:45 am]

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