Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-11-15.xml --- 70 219 Tuesday, November 15, 2005 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panel, 69343 05-22597 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.:

Canine melanoma vaccine; field testing, 69306-69307 E5-6297 West Nile virus vaccine, live flavivirus chimera; field test, 69307-69308 E5-6293 Army Army Department See Engineers Corps NOTICES Environmental statements; notice of intent: Fort Bliss, TX and NM, 69320-69321 05-22602 Patent licenses; non-exclusive, exclusive, or partially exclusive: Low cost parachute, 69321 05-22601 Census Census Bureau NOTICES Surveys, determinations, etc.: Service industries; annual, 69310 05-22599 Trade; annual, 69310-69311 05-22598 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69343-69344 05-22625 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Cape Fear River, Eagle Island, NC, 69279-69282 05-22576 Regattas and marine parades: Annapolis Harbor, Spa Creek and Severn River, Annapolis MD, 69279 05-22574 NOTICES Agency information collection activities; proposals, submissions, and approvals, 69346-69347 05-22575 Meetings: Towing Safety Advisory Committee, 69347-69348 05-22596 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Army Department See Engineers Corps Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— National Institute on Disability and Rehabilitation Research, 69321-69325 05-22634 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69355 05-22584 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration RULES Assistance regulations: Financial rules and technology investment agreements; implementation, 69250-69272 05-22475 Engineers Engineers Corps NOTICES Meetings:

Chief of Engineers Environmental Advisory Board, 69321 05-22600 EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans: Ambient air quality standards, national— Fine particles; hearing, 69302-69303 05-22694 NOTICES Meetings: Clean Air Scientific Advisory Committee, 69338-69339 05-22612 Science Advisory Board, 69340-69341 05-22613 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Standard instrument approach procedures, 69272-69276 05-22493 05-22494 PROPOSED RULES Airworthiness directives:

Airbus, 69288-69291 05-22588 BAE Systems (Operations) Ltd., 69286-69288 05-22587 Bombardier, 69291-69293 05-22590 NOTICES Aeronautical property sale: Manchester Airport, Manchester, NH, 69378 05-22577 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 69341 E5-6260 E5-6261 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 69332-69334 E5-6270 E5-6271 Electric rate and corporate regulation filings, 69334-69336 E5-6278 Environmental statements; notice of intent:

New York Power Authority, 69336 E5-6274 E5-6279 Hydroelectric applications, 69337-69338 E5-6285 *Applications, hearings, determinations, etc.:* Cheyenne Plains Gas Pipeline Co., L.L.C., 69325 E5-6291 Dominion Transmission, Inc., 69325-69326 E5-6283 El Paso Natural Gas Co., 69326 E5-6290 Gulf LNG Energy, LLC, et al., 69326-69328 E5-6277 E5-6282 KGen Hinds LLC, 69328 E5-6284 Midwest Independent Transmission System Operator, Inc., 69328 E5-6292 NRG Power Marketing Inc., et al., 69328-69329 E5-6276 E5-6281 Overthrust Pipeline Co., 69329-69330 E5-6289 Public Utilities District No. 1, Snohomish County, WA, 69330 E5-6286 Questar Pipeline Co., 69330-69331 E5-6288 Questar Southern Trails Pipeline Co., 69331 E5-6287 San Juan Mesa Wind Project, LLC, et al., 69331-69332 E5-6275 E5-6280 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 69341-69342 E5-6294 Formations, acquisitions, and mergers, 69342 E5-6296 Permissable nonbanking activities, 69342 E5-6295 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Transit assistance programs— Certifications and assurances; FY 2006 annual list, 69380-69416 05-22525 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Uinta mountainsnail, 69303-69305 05-22629 NOTICES Environmental statements; notice of intent:

Bi-State Water Diversion for the Walla Walla River Basin; habitat conservation plan; public scoping meetings, 69348-69350 05-22632 Food Food and Drug Administration RULES Environmental impact considerations: Humanitarian device exemption; categorical exclusion, 69276-69277 05-22563 NOTICES Agency information collection activities; proposals, submissions, and approvals, 69344-69345 05-22636 05-22637 Committees; establishment, renewal, termination, etc.: Nonprescription Drugs Advisory Committee, 69345-69346 05-22562 Forest Forest Service NOTICES Environmental statements; notice of intent:

Okanogan and Wenatchee National Forests, WA, 69308-69310 05-22595 GIPSA Grain Inspection, Packers and Stockyards Administration RULES Graded commodities; review inspection requirements, 69249-69250 05-22586 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69342-69343 05-22571 Meetings:

American Health Information Community, 69343 05-22564 Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Constan-Tatos, Phaedon Nicholas Criton, 69311-69314 05-22608 Suburban Guns Ltd., 69314-69316 05-22607 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Indian Gaming Commission See Reclamation Bureau International International Trade Administration NOTICES Antidumping:

Ball bearings and parts from— Japan; correction, 69316 E5-6302 Glycine from— China, 69316-69317 E5-6300 Hot rolled carbon steel flat products from— Brazil, 69317-69319 E5-6299 Stainless steel bar from— France, 69319-69320 E5-6298 Countervailing duties: Polyethylene terephthalate film, sheet, and strip from— India, 69320 E5-6301 Meetings: President's Export Council, 69320 05-22707 International International Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 69353-69354 05-22560 05-22653 Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Northeastern Great Basin, 69350 05-22594 Oil and gas leases: New Mexico, 69350 05-22623 Texas, 69350-69351 05-22621 05-22622 Public land orders: Utah, 69351 05-22605 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 69359-69360 05-22659 Minerals Minerals Management Service NOTICES Committees; establishment, renewal, termination, etc.: Outer Continental Shelf Scientific Committee, 69351-69352 05-22631 National Archives National Archives and Records Administration NOTICES Meetings:

Electronic Records Archives Advisory Committee, 69360 05-22579 National Indian National Indian Gaming Commission PROPOSED RULES Management contract provisions: Minimum internal control standards; revision, 69293-69302 05-22506 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Western Pacific pelagic, 69282-69285 05-22633 NOTICES Environmental statements; notice of intent: Bi-State Water Diversion for the Walla Walla River Basin; habitat conservation plan; public scoping meetings, 69348-69350 05-22632 National Science National Science Foundation NOTICES Meetings:

Materials Research Review Panel, 69360 05-22635 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Atomic Safety and Licensing Board, 69362 05-22099 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 69360 E5-6273 Reports and guidance documents; availability, etc.: Spent fuel storage casks; interim staff guidance, 69362 E5-6268 *Applications, hearings, determinations, etc.:* Entergy Nuclear Vermont Yankee, LLC, et al., 69360-69361 E5-6272 Nuclear Security Coalition, 69361-69362 E5-6269 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.:

Supplier's Declaration of Conformity; product approval process alternative, 69355-69359 05-22630 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 69277-69279 05-22604 NOTICES Multiemployer plans: Interest rates and assumptions, 69363 05-22603 Presidential Presidential Documents PROCLAMATIONS *Special observances:* World Freedom Day (Proclamation 7960), 69247 05-22743 ADMINISTRATIVE ORDERS Trade:

Saudi Arabia; determinations under section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988 (Memorandum of November 10, 2005), 69417-69419 05-22798 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Colorado River Storage Project, UT; Flaming Gorge Dam, 69352-69353 05-22436 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 69365-69366 05-22658 05-22720 Public Utility Holding Company Act of 1935 filings, 69366 E5-6264 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 69367-69372 E5-6262 E5-6263 *Applications, hearings, determinations, etc.:* Berkshire Hills Bancorp, Inc., 69363-69364 E5-6267 PAB Bankshares, Inc., 69364 E5-6266 Polydex Pharmaceuticals Ltd., 69364-69365 E5-6265 SBA Small Business Administration NOTICES Small business size standards: Nonmanufacturer rule; waivers— Commercial refrigerator equipment, 69372-69373 05-22566 Household refrigerator equipment, 69373-69374 05-22568 Photographic film, paper, plate, and chemical manufacturing, 69373 05-22567 State State Department NOTICES Arms Export Control Act:

Commercial export licenses; congressional notification, 69374-69377 05-22626 Meetings: Universal Postal Union Issues, 69377-69378 05-22627 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration Western Western Area Power Administration NOTICES Wyoming and Colorado; TOT 3, transmission capacity, comment request, 69338 05-22628 Separate Parts In This Issue Part II Transportation Department, Federal Transit Administration, 69380-69416 05-22525 Part III Executive Office of the President, Presidential Documents, 69417-69419 05-22798 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. 70 219 Tuesday, November 15, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration 7 CFR Part 868 RIN 0580-AA89 Review Inspection Requirements for Graded Commodities AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Final rule. SUMMARY: The Grain Inspection, Packers and Stockyards Administration (GIPSA) is amending the regulations under the United States Agricultural Marketing Act of 1946 (AMA), as amended, to allow interested persons to specify the quality factor(s) that would be redetermined during an appeal inspection or a Board appeal inspection for grade. Currently, both appeal and Board appeal inspections for grade must include a redetermination (i.e., a complete review or examination) of all official factors that may determine the grade, as reported on the original certificate, or as required to be shown.

Requiring that all quality factors be completely reexamined during an appeal or Board appeal inspection for grade is not efficient, is time consuming, and can be costly. Further, a detailed review of the preceding inspection service is not always needed to confirm the quality of the commodity. This action will allow interested parties to specify which quality factor(s) should be redetermined during the appeal or Board appeal inspection service. DATES: *Effective Dates:* December 15, 2005.

FOR FURTHER INFORMATION CONTACT: John C. Giler, Deputy Director, Field Management Division: e-mail address *john.c.giler&usda.gov,* telephone:

(202)720-1748. SUPPLEMENTARY INFORMATION: Executive Order 12866 This action has been determined to be not significant for purpose of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). This action simplifies the regulations concerning official requirements for commodity inspections. This action reduces cost to the affected entities. Regulatory Flexibility Act Certification GIPSA has considered the economic impact of this rule on small entities and has determined that its provision would not have a significant economic impact on a substantial number of small entities, as defined in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ). The action will affect entities engaged in shipping graded commodities to and from points within the United States and exporting graded commodities from the United States. GIPSA estimates there are approximately 2,500 rice mills, and bean, pea, and lentil processing plants in the United States that could receive official inspection services by GIPSA, designated/delegated states, and cooperators. Inspections of graded commodities are performed by eight GIPSA offices, one Federal/State office, and six designated States which operate under cooperative agreements and under GIPSA supervision. Under the provisions of the AMA, it is not mandatory for graded commodities to be officially inspected. Further, most users of the official inspection services and those entities that perform these services do not meet the requirements of small entities. Even though some users could be considered small entities, this action relieves regulatory requirements and improves the efficiency of official inspection services. No additional cost is expected to result from this action. Requiring all appeal inspections and Board appeal inspections for grade to include a complete review of all official factors is not needed by applicants or other parties to transactions, or by official inspection personnel. Furthermore, this requirement often reduces the efficiency of providing official inspection services and increases the costs. This rule relieves regulatory requirements and improves the efficiency of official inspection services. Further the regulations are applied equally to all entities. Executive Order 12988 Under Executive Order 12988, Civil Justice Reform, this action is not intended to have a retroactive effect. This action will not preempt any State or local laws, regulations, or policies unless they present irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this notice. Information Collection and Recordkeeping Requirements In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection and recordkeeping requirements in Part 868 have been previously approved by OMB No. 0580-0013. GIPSA is committed to compliance with the Government Paperwork Elimination Act, which requires Government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Background On July 7, 2005, GIPSA proposed in the **Federal Register** (70 FR 39199) to revise the regulations under the AMA to allow interested persons to specify the quality factor(s) that would be redetermined during an appeal inspection or a Board appeal inspection for grade. This proposal required comments to be received on or before September 6, 2005. GIPSA had proposed this action because requiring that all quality factors be completely reexamined during an appeal or a Board appeal inspection is not efficient, is time consuming, and can be costly. Further, a detailed review of the preceding inspection service is not always needed to confirm the quality of the commodity. GIPSA proposed that applicants for service be allowed to specify the factor(s) that are to be redetermined as part of an appeal or Board appeal inspection service for grade because it provides a more effective and more efficient inspection service and better meets the industry's needs. However, appeal and board appeal inspections for grade may include a review of any pertinent factor(s), as deemed necessary by official personnel. This would ensure issuance of an accurate grade. Comment Review GIPSA received no comments during the comment period. Final Action Accordingly, GIPSA is revising 7 CFR 868.1 to redefine the definitions of appeal and Board appeal inspection services, and revising the regulatory text in 7 CFR 868.60 to revise the conditions for requesting appeal and Board appeal inspection services. List of Subjects in 7 CFR Part 868 Administrative practice and procedure, Agricultural commodities. For reasons set out in the preamble, 7 CFR part 868 is proposed to be amended as follows: PART 868—GENERAL REGULATIONS AND STANDARDS FOR CERTAIN AGRICULTURAL COMMODITIES 1. The authority citation for part 868 continues to read as follows: Authority: Secs. 202-208, 60 Stat. 1087, as amended (7 U.S.C. 1621, *et seq.* ) 2. Section 868.1, paragraphs (b)(3), and (b)(6) are revised to read as follows: § 868.1 Meaning of terms.

(b)* * *

(3)*Appeal inspection service.* A review by the Service of the result(s) of an original inspection or retest inspection service.

(6)*Board appeal inspection service.* A review by the Board of Appeals and Review of the result(s) of an original inspection or appeal inspection service on graded commodities. 3. Section 868.60, paragraph

(b)and the OMB citation at the end of the section are revised to read as follows: § 868.60 Who may request appeal inspection service.

(b)*Kind and scope of request.* When the results for more than one kind of service are reported on a certificate, an appeal inspection or Board appeal inspection service, as applicable, may be requested on any or all kinds of services reported on the certificate. The scope of an appeal inspection service will be limited to the scope of the original inspection or, in the case of a Board appeal inspection service, the original or appeal inspection service. A request for appeal inspection of a retest inspection will be based upon the scope of the original inspection. If the request specifies a different scope, the request shall be dismissed. Provided, however, that an applicant for service may request an appeal or Board appeal inspection of specific factor(s) or official grade and factors. In addition, appeal and Board appeal inspection for grade may include a review of any pertinent factor(s), as deemed necessary by official personnel. (Approved by the Office of Management and Budget under control number 0580-0013). James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 05-22586 Filed 11-14-05; 8:45 am]

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