Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-11-17.xml --- 70 221 Thursday, November 17, 2005 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: Native Hawaiian Program, 69764-69765 05-22769 Meetings: 2005 White House Conference on Aging Policy Committee, 69765 05-22810 Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service RULES Electric utilities (Federal Power Act):

Hydroelectric licensing regulations, 69804-69851 05-22677 Centers Centers for Disease Control and Prevention NOTICES Reports and guidance documents; availability, etc.: Radiographs classification; B reader ethical considerations, 69765-69766 05-22762 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act; systems of records, 69766-69771 05-22763 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Assets for Independence Demonstration Program, 69771 05-22799 Coast Guard Coast Guard NOTICES Waterfront facilities; letters of recommendation:

Gulf LNG Clean Energy Marine Terminal Project, Jackson County, MS; public meeting, 69772-69774 05-22828 LNG Bayou Casotte Energy LLC Terminal Project, Jackson County, MS, 69774-69775 05-22826 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Chinese imports; safeguard actions, 05-22895 05-22896 69744-69745 05-22897 05-22898 Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 05-22879 05-22880 05-22881 69745-69746 05-22882 05-22883 Comptroller Comptroller of the Currency RULES Intelligence Reform and Terrorism Prevention Act; implementation: Senior examiners; one year post-employment restrictions, 69633-69641 05-22814 Practice and procedure: Fees assessment, 69641-69644 05-22815 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-22757 69746-69747 05-22758 Employment Employment and Training Administration NOTICES Federal-State Unemployment Compensation Program:

Louisiana; extended benefit period status change, 69784-69785 05-22797 Grant and cooperative agreement awards: Rural Industrialization Loan and Grant Program, E5-6362 69785-69786 E5-6363 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69786 E5-6360 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Brick and structural clay products manufacturing facilities, 69655-69664 05-22805 Commercial aircraft gas turbine engines, 69664-69687 05-22704 NOTICES Air pollution control: Regulation schedule of consumer and commercial products; revision, 69759-69761 05-22817 Committees; establishment, renewal, termination, etc.: Children's Health Protection Advisory Committee, 69761 05-22818 Reports and guidance documents; availability, etc.: Ozone; review of national ambient air quality standards; policy assessment of scientific and technical information, 69761-69763 05-22816 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration RULES Organization and functions; amendments, 69644-69645 05-22731 PROPOSED RULES Farm credit system:

Federal Agricultural Mortgage Corporation, disclosure and reporting requirements; risk-based capital requirements; revision, 69692-69709 05-22730 FAA Federal Aviation Administration RULES Class E airspace, 05-22766 05-22767 05-22770 69646-69650 05-22771 PROPOSED RULES Class E airspace, 69709-69714 05-22772 05-22773 05-22774 05-22775 FDIC Federal Deposit Insurance Corporation RULES Intelligence Reform and Terrorism Prevention Act; implementation: Senior examiners; one year post-employment restrictions, 69633-69641 05-22814 Federal Election Federal Election Commission RULES Bipartisan Campaign Reform Act; implementation:

Levin funds disbursed by State, district, and local party committees and organizations; de minimis exemption, 69631-69633 05-22778 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 69752-69753 E5-6334 Hydroelectric applications, 69753-69754 E5-6342 E5-6344 Meetings: Joint Boards on Security Constrained Economic Dispatch, 69754-69755 E5-6351 West region joint board, 69755 E5-6336 Meetings; Sunshine Act, 69755-69758 05-22835 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 69747 E5-6335 Dauphin Island Gathering Partners, 69747-69748 E5-6347 Dispersed Generating Co., LLC, 69748 E5-6338 Edison Electric Institute, 69748 E5-6345 Electric Energy, Inc., 69748 E5-6340 FPL Energy Duane Arnold, LLC, 69749 E5-6339 Gulfstream Natural Gas System, L.L.C., 69749 E5-6346 Iroquois Gas Transmission System, L.P., 69749-69750 E5-6348 E5-6349 Kentucky Power Co., 69750-69751 E5-6341 Natural Gas Pipeline Co. of America, 69751 E5-6350 PacifiCorp, 69751 E5-6343 Unocal Windy Hill Gas Storage, LLC, 69751-69752 E5-6337 Federal Reserve Federal Reserve System RULES Intelligence Reform and Terrorism Prevention Act; implementation:

Senior examiners; one year post-employment restrictions, 69633-69641 05-22814 NOTICES Banks and bank holding companies: Change in bank control, 69763 E5-6358 Formations, acquisitions, and mergers, 69763 E5-6357 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— California tiger salamander, 69717-69721 05-22781 Yellowstone grizzly bear, 69854-69884 05-22784 Food Food and Drug Administration NOTICES Human drugs: New drug applications— Drug and biological product consolidation; investigational number conversion, 69772 05-22802 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Glenn/Colusa County, 69732 05-22793 Government Government Ethics Office NOTICES Senior Executive Service Performance Review Board; membership, 69763-69764 05-22783 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Mortgage and loan insurance programs:

Credit Watch Termination Initiative; mortgagees whose Origination Approval Agreements have been terminated; list, 69775-69776 E5-6333 Indian Indian Affairs Bureau NOTICES Indian tribes, acknowledgment of existence determinations, etc.: St. Francis/Sokoki Band of Abenakis, VT, 69776-69780 05-22756 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Performance Medical Supplies, 69733-69734 05-22782 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office RULES Electric utilities (Federal Power Act):

Hydroelectric licensing regulations, 69804-69851 05-22677 IRS Internal Revenue Service NOTICES Income taxes: Railroad industry; Tier 2 tax rates publication (2006 CY), 69800-69801 E5-6352 Meetings: Taxpayer Advocacy Panels, 69801 E5-6353 International International Trade Administration NOTICES Antidumping: Hot-rolled carbon steel flat products from— China, 69734-69735 E5-6373 Liquid sulfur dioxide from— Canada, 69735-69738 E5-6370 Top-of-the-stove stainless steel cooking ware from— Korea, 69739 E5-6372 Taiwan, 69738-69739 E5-6371 International International Trade Commission NOTICES Import investigations:

Artists canvas from— China, 69781-69782 05-22800 Meetings; Sunshine Act, 69782 05-22899 Justice Justice Department See Justice Programs Office RULES Justice for All Act: Crime victims rights obligation; compliance procedures, 69650-69654 05-22801 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-22764 69783-69784 05-22765 Labor Labor Department See Employment and Training Administration See Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 69784 E5-6361 Land Land Management Bureau RULES Organization, functions, and authority delegations:

Arizona State Office, AZ; address change, 69687-69688 05-22780 PROPOSED RULES Sales preparation; timber, 69714-69717 05-22779 NOTICES Meetings: Grand Staircase-Escalante National Monument Advisory Committee, 69780 05-22787 Oil and gas leases: Utah, 69780 05-22776 Legal Legal Services Corporation NOTICES Reports and guidance documents; availability, etc.: Strategic development directions, 69786-69787 05-22803 National Highway National Highway Traffic Safety Administration RULES Motor vehicle theft prevention standards:

Parts making requirements; denied, 69688-69689 05-22819 National Institute National Institute of Standards and Technology NOTICES National Fire Codes: Fire safety codes and standards; comment request, 69739-69741 05-22785 Fire safety codes and standards; revision, 69741-69742 05-22786 NOAA National Oceanic and Atmospheric Administration RULES Electric utilities (Federal Power Act): Hydroelectric licensing regulations, 69804-69851 05-22677 PROPOSED RULES Fishery conservation and management:

Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 69722-69731 05-22856 NOTICES Endangered and threatened species permit determinations, etc., 69742-69743 05-22812 Marine mammal permit determinations, etc.:, 69743 05-22811 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Garfield County Silt Salinity Control Project, CO, 69732-69733 05-22809 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitons:

Union of Concerned Scientists and San Luis Obispo Mothers for Peace, 69690-69692 E5-6365 NOTICES Agency information collection activities; proposals, submissions, and approvals, 69787 E5-6367 Environmental statements; availability, etc.: LifeNet, Virginia Beach, VA, 69787-69788 E5-6366 Presidential Documents Presidential Documents PROCLAMATIONS *Special observances:* National Farm-City Week (Proclamation 7961), 69885-69888 05-22981 America Recyles Day (Proclamation 7962), 69889 05-22982 SEC Securities and Exchange Commission NOTICES Public utility holding company filings, 69790-69791 E5-6359 Self-regulatory organizations; proposed rule changes:

National Association of Securities Dealers, Inc., 69791-69795 E5-6355 E5-6356 *Applications, hearings, determinations, etc.:* Integrity Funds and Integrity Money Management, Inc., 69788-69790 E5-6354 SBA Small Business Administration RULES Business loans: Gulf Opportunity Pilot Loan Program; regulatory provisions waiver, 69645-69646 05-22834 State State Department NOTICES Grants and cooperative agreements; availability, etc.: Eurasia/South Asia Teaching Excellence and Achievement Program (FY 2006), 69795-69800 05-22804 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

SAMHSA National Advisory Council, 69772 05-22788 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 69780-69781 05-22794 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office RULES Intelligence Reform and Terrorism Prevention Act; implementation: Senior examiners; one year post-employment restrictions, 69633-69641 05-22814 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Meetings:

Minority Veterans Advisory Committee, 69801 05-22761 Separate Parts In This Issue Part II Agriculture Department; Commerce Department, National Oceanic and Atmospheric Administration; Interior Department, 69804-69851 05-22677 Part III Interior Department, Fish and Wildlife Service, 69854-69884 05-22784 Part IV Executive Office of the President, Presidential Documents, 69885-69889 05-22981 05-22982 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. 70 221 Thursday, November 17, 2005 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Part 300 [Notice 2005-26] $5,000 Exemption for Disbursements of Levin Funds by State, District, and Local Party Committees and Organizations AGENCY:

Federal Election Commission. ACTION: Final rule. SUMMARY: The Federal Election Commission is eliminating from its regulations an exemption allowing State, district, and local committees and organizations of a political party to use only Levin funds to pay for certain types of Federal election activity aggregating $5,000 or less in a calendar year. In *Shays* v. *FEC* , the District Court invalidated the exemption and remanded the regulation to the Commission for further action consistent with the court's opinion.

The Commission appealed this ruling, and the Court of Appeals for the D.C. Circuit affirmed the District Court's decision. The repeal of this rule means that State, district, and local political party committees and organizations must pay for these specific types of Federal election activity either entirely with Federal funds, or with a mix of Federal funds and Levin funds. Further information is provided in the supplementary information that follows. DATES: The rules at 11 CFR 300.32(c)(4) are effective on December 19, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Brad C. Deutsch, Assistant General Counsel, or Ms. Cheryl A.F. Hemsley, Attorney, 999 E Street, NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: The Commission issued a Notice of Proposed Rulemaking (“NPRM”) proposing to eliminate from its regulations at 11 CFR 300.32(c)(4) an exemption that had allowed State, district, and local committees of a political party 1 to pay for certain types of Federal election activity (“FEA”) 2 aggregating $5,000 or less in a calendar year entirely with Levin funds 3 (“$5,000 Exemption”). The NPRM also requested comments on the possibility of creating a new, restructured exemption. The NPRM was published in the **Federal Register** on February 2, 2005. 70 FR 5385 (February 2, 2005). The comment period closed on March 4, 2005. The Commission received five comments from ten commenters on the proposed rules. 4 Eight commenters favored elimination of the $5,000 Exemption and one commenter favored maintaining the $5,000 Exemption. Additionally, the Commission received a comment from the Internal Revenue Service, indicating “the proposed rules do not pose a conflict with the Internal Revenue Code or the regulations thereunder.” The Commission is issuing final rules eliminating the $5,000 Exemption and is declining to adopt a restructured exemption. 1 In addition to political party *committees* , these regulations are equally applicable to State, district, and local party *organizations* that do not qualify as political committees. *See* 11 CFR 300.33(a)(1) and (2). 2 There are four types of FEA: Type 1—Voter registration activity during the period that begins on the date that is 120 days before a regularly scheduled Federal election is held and ends on the date of the election; Type 2—Voter identification, get-out-the-vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot; Type 3—A public communication that promotes or supports, or attacks or opposes a clearly identified candidate for Federal office; and Type 4—Services provided during any month by an employee of a State, district, or local committee of a political party who spends more than 25 percent of his or her compensated time during that month on activities in connection with a Federal election. *See* 2 U.S.C. 431(20) and 11 CFR 100.24. 3 Levin funds are funds that are raised by State, district, or local party committees and organizations pursuant to the restrictions in 11 CFR 300.31 and disbursed subject to the restrictions in 11 CFR 300.32. *See* 11 CFR 300.2(i). 4 All comments on the NPRM are available at *http://www.fec.gov/law/law_rulemakings.shtml#levin.* Under the Administrative Procedure Act, 5 U.S.C. 553(d), and the Congressional Review of Agency Rulemaking Act, 5 U.S.C. 801(a)(1), agencies must submit final rules to the Speaker of the House of Representatives and the President of the Senate and publish them in the **Federal Register** at least 30 calendar days before they take effect. The final rule that follows was transmitted to Congress on November 10, 2005. Explanation and Justification 11 CFR 300.32(c)—Conditions and Restrictions on Spending Levin Funds The Bipartisan Campaign Reform Act of 2002 (“BCRA”), Pub. L. 107-155, 116 Stat. 81 (2002), amended the Federal Election Campaign Act of 1971 (the “Act”), 2 U.S.C. 431 *et seq.* , in many respects. Section 441i(b)(1) of the Act, as added by BCRA, provides that State, district, and local political party committees generally must use Federal funds 5 to pay for FEA. However, the Levin Amendment (2 U.S.C. 441i(b)(2)) provides an exception for two types of FEA, for which State, district, and local political party committees may allocate disbursements between Federal funds and Levin funds in accordance with allocation ratios determined by the Commission. 2 U.S.C. 441i(b)(2); *see also* 11 CFR 300.2(i), 300.32, and 300.33. Types 1 and 2 FEA, which involve certain voter registration, get-out-the-vote, voter identification, and generic campaign activity, are allocable between Federal and Levin funds, so long as the activities do not refer to a clearly identified Federal candidate (“allocable Type 1&2 FEA”). *See* 2 U.S.C. 441i(b)(2)(B)(i) and 11 CFR 300.32(c). 5 “Federal funds” are funds that comply with the limits, prohibitions, and reporting requirements of the Act. *See* 11 CFR 300.2(g). In 2002, the Commission promulgated regulations at 11 CFR Part 300 implementing BCRA. *See Final Rules and Explanation and Justification for Prohibited and Excessive Contributions; Non-Federal Funds or Soft Money,* 67 FR 49064 (July 29, 2002). Specifically, 11 CFR 300.32(c)(4) required any State, district, or local committee or organization of a political party that disburses more than $5,000 for allocable Type 1&2 FEA in a calendar year either to pay for such allocable FEA entirely with Federal funds or to allocate the disbursements between Federal funds and Levin funds. The same provision also created a “ *de minimis* exemption” for any State, district, or local party committee or organization whose disbursements for allocable Type 1&2 FEA aggregate $5,000 or less in a calendar year, thereby permitting such party committees and organizations to pay for these expenses entirely with Levin funds. The $5,000 Exemption was one of several regulations at issue in *Shays* v. *FEC* , 337 F.Supp.2d 28 (D.D.C. 2004) (“ *Shays District* ”), *aff'd,* 414 F.3d 76 (D.C. Cir. July 15, 2005) (“ *Shays Appeal* ”), *reh'g en banc denied* (October 21, 2005) (No. 04-5352). The District Court in *Shays District* held that the $5,000 Exemption in 11 CFR 300.32(c)(4) was inconsistent with Congress's intent, as expressed in BCRA, to require State, district, and local party committees to pay for allocable Type 1&2 FEA either solely with Federal funds or with an allocated mix of Federal funds and Levin funds. *Shays District* at 114-17. The Commission appealed the District Court's ruling regarding several of its regulations, including 11 CFR 300.32(c)(4). On July 15, 2005, the Court of Appeals for the D.C. Circuit affirmed the District Court's invalidation of the $5,000 Exemption. *Shays Appeal* at 115. In affirming the District Court's invalidation of the $5,000 Exemption, the Court of Appeals concluded that the Commission had failed to establish that the $5,000 Exemption was “in fact *de minimis* .” *Shays Appeal* at 114. The Court of Appeals also concluded that because Congress had exercised its judgment in enacting the Levin Amendment, “Congress's rationale for *including* activities in the Levin Amendment obviously affords no justification for *excluding* them from Levin allocation, the very form of regulation Congress chose.” *Id.* (emphasis in original). The NPRM proposed to eliminate entirely the $5,000 Exemption in 11 CFR 300.32(c)(4). In response to the NPRM, eight commenters urged the Commission to eliminate the $5,000 Exemption altogether. These commenters stated that BCRA was clear on its face and argued that the Levin Amendment itself reflected Congress's narrowly-drawn exception allowing State, district, and local party committees to use only Federal funds or to allocate between Federal and Levin funds for allocable Type 1&2 FEA. Four of the commenters noted that the Levin Amendment was, itself, a compromise reached during Congressional deliberation. These commenters asserted that Congress had contemplated that Levin funds always would be used in combination with Federal funds for allocable Type 1&2 FEA, recognizing that FEA activities influence Federal elections. On the other hand, one commenter favored retaining the $5,000 Exemption, stating that the exemption did not undermine Congressional intent. Specifically, this commenter asserted that absent the $5,000 Exemption, a strict application of the Levin Amendment would lead to suppression of “local grassroots activity in favor of non-party or large institutional party activity” and that this was “an unlikely objective” for Congress. *1. Elimination of the Current $5,000 Exemption.* In light of the conclusions reached by the Court of Appeals in *Shays Appeal* , which precluded retaining the current rule, the Commission has decided to eliminate the $5,000 Exemption from paragraph (c)(4) of section 300.32. Thus, revised paragraph (c)(4) requires State, district, and local committees and organizations of political parties to pay for *all* allocable Type 1&2 FEA either entirely with Federal funds or with an allocated mix of Federal funds and Levin funds, without regard to the total amount of their annual disbursements. The wording of revised 11 CFR 300.32(c)(4) also includes a conforming revision that replaces the word “may” with “must” to reflect unambiguously that State, district, and local party committees and organizations *must* choose between paying for such expenditures either entirely with Federal funds or with an allocated mix of Federal funds and Levin funds. *2. Rejection of a Restructured Exemption.* As noted above, the NPRM also requested comments on a possible restructuring of the exemption in section 300.32(c)(4) to mirror the reporting exception contained in section 434(e)(2)(A) of the Act, which exempts State, district, and local party committees from reporting FEA if they have combined receipts *and* disbursements for FEA (whether allocable or not) that together aggregate to less than $5,000 in a calendar year. Seven commenters addressed the restructuring proposal, all of them asserting that *any* restructured exemption would be contrary to Congressional intent. As discussed above, the Court of Appeals held that the careful balance already reflected in the Levin Amendment represents Congress's exercise of its judgment, and effectively precludes the Commission from promulgating a further exemption unless such an exemption were “truly *de minimis* .” *Shays Appeal* at 114. In light of the comments received in this rulemaking and the decision of the Court of Appeals, the Commission has decided not to adopt the restructuring proposal contained in the NPRM. Certification of No Effect Pursuant to 5 U.S.C. 605(b) Regulatory Flexibility Act The Commission certifies that the attached final rule does not have a significant economic impact on a substantial number of small entities. The basis for this certification is that the organizations affected by this final rule are State, district, and local party committees and organizations, which are not “small entities” under 5 U.S.C. 601. These not-for-profit committees do not meet the definition of “small organization,” which requires that the enterprise be independently owned and operated and not dominant in its field. 5 U.S.C. 601(4). State political party committees are not independently owned and operated because they are not financed and controlled by a small identifiable group of individuals, and they are affiliated with the larger national political party organizations. In addition, the State political party committees representing the Democratic and Republican parties have a major controlling influence within the political arena of their State and are thus dominant in their field. District and local party committees are generally considered affiliated with the State committees and need not be considered separately. To the extent that any State party committees representing minor political parties might be considered “small organizations,” the number affected by this final rule is not substantial. List of Subjects in 11 CFR Part 300 Campaign funds, Nonprofit organizations, Political candidates, Political committees and parties, Reporting and recordkeeping requirements. For the reasons set out in the preamble, the Federal Election Commission is amending Subchapter C of Chapter I of Title 11 of the *Code of Federal Regulations* as follows: PART 300—NON-FEDERAL FUNDS 1. The authority citation for Part 300 continues to read as follows: Authority: 2 U.S.C. 434(e), 438(a)(8), 441a(a), 441i, 453. 2. Section 300.32 is amended by revising paragraph (c)(4) to read as follows: § 300.32 Expenditures and disbursements.

(c)*Conditions and restrictions on spending Levin funds.* * * *

(4)The disbursements for allocable Federal election activity must be paid for either entirely with Federal funds or by allocating between Federal funds and Levin funds according to 11 CFR 300.33. Dated: November 10, 2005. Scott E. Thomas, Chairman, Federal Election Commission. [FR Doc. 05-22778 Filed 11-16-05; 8:45 am]

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