Federal Register 2004-01-02: Vol 69 Iss 1

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1-2-04 Friday
Vol. 69 No. 1 Jan. 2, 2004
Pages 1-242
II Federal Register / Vol. 69, No. 1/Friday, January 2, 2004
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Contents
Federal Register
Vol. 69, No. 1
Friday, January 2, 2004
Agriculture Department Energy Department
See Forest Service See Federal Energy Regulatory Commission
See Natural Resources Conservation Service NOTICES
Grants and cooperative agreements; availability, etc.:
Broadcasting Board of Governors National Energy Technology Laboratory—
NOTICES Focused Research in Federal Lands Access and
Meetings; Sunshine Act, 48 Produced Water Management in Oil and Gas
Exploration Production, 52-53
Centers for Disease Control and Prevention State Energy Program; special projects, 53-54
NOTICES
Organization, functions, and authority delegations: Environmental Protection Agency
Agency for Toxic Substances and Disease Registry, 86-87 RULES
Epidemiology Program Office, 87-90 Air pollutants, hazardous; national emission standards:
National Center for Environmental Health, 90-92 Surface coating of miscellaneous metal parts and
Office of Analysis, Epidemiology, and Health Promotion products, 129-192
et al., 93-95 Air quality implementation plans: approval and
promulgation; various States:
Coast Guard California, 34-40
RULES NOTICES
Great Lakes pilotage regulations: Environmental statements; availability, etc.:
Partial rate adjustment; correction, 128 Agency statements—
Comment availability, 68-69
Commerce Department Weekly receipts, 69
See Foreign-Trade Zones Board
See International Trade Administration Executive Office of the President
See National Oceanic and Atmospheric Administration See Presidential Documents
Comptroller of the Currency Export-Import Bank
RULES NOTICES
Corporate activities: Agency information collection activities; proposals,
Electronic filings by national banks, 1-2 submissions, and approvals, 69-77
Defense Department Federal Aviation Administration
RULES RULES
Acquisition regulations: Airworthiness directives:
Unique item identification and valuation; correction, 128 General Electric Co., 2-4
Employment and Training Administration Federal Communications Commission
NOTICES RULES
Adjustment assistance: Common carrier services:
Adhesive Technologies, Inc., et al., 109-112 Incumbent local exchange carriers - -
Alaska Commercial Fisheries Entry Commission permits, Accounting and ARMIS reporting requirements: review
112 by Federal-State Joint Conference on Accounting
Costal Lumber Co., 112-113 Issues; effective date delay [Editorial Note: This
De Machine Shop, 113 document, published at 68 FR 75455 in the
Elastic Corporation of America, Inc., 113 Federal Register of December 31, 2003, was
Komag, Inc., 113 inadvertently listed as a Proposed Rule and with
MedSource Technologies, 113-114 the wrong page number.)
Nortel Networks, 114 PROPOSED RULES
Pass & Seymour/Legard, 114 Common carrier services:
Pillowtex Corp., 114-115 Federal-State Joint Conference on Accounting Issues;
R.R. Donnelley & Sons Co., 115-116 recommendations [Editorial Note: This document,
Saurer Inc., 116 published at 68 FR 75478 in the Federal Register of
Smith Meter, Inc., 116-117 December 31, 2003, was inadvertently listed under
Weyerhauser Co., 117 Federal Election Commission and with the wrong
page number.)
Employment Standards Administration
NOTICES Federal Emergency Management Agency
Minimum wages for Federal and federally-assisted RULES
construction; general wage determination decisions, Flood insurance; communities eligible for sale;
117-118 Various States, 40-41 .
IV Federal Register/Vol. 69, No. 1/F’riday, January 2, 2004 /Contents
Federal Energy Regulatory Commission See National Institutes of Health
NOTICES See Substance Abuse and Mental Health Services
Electric rate and corporate regulation filings: Administration
Portland General Electric Co., et al., 59-62
San Diego Gas & Electric Co., et al., 62-63 Homeland Security Department
Sweetwater Wind Power L.L.C., et al., 63 See Coast Guard.
Environmental statements; availability, etc.: See Federal Emergency Management Agency
Electric Plant Board, Augusta, KY, 63-64
Environmental statements; notice of intent: Housing and Urban Development Department
Transwestern Pipeline Co., 64-65
RULES
Hydroelectric applications, 66-68
Mortgage and loan insurance programs:
Applications, hearings, determinations, etc.:
Single family mortgage insurance—
California Independent System Operator Corp., 54
FHA Technology Open To Approved Lenders (TOTAL)
CenterPoint Energy Gas Transmission Co., 55
mortgage scorecard use; requirements and
Chanderleur Pipe Line Co., 55-56
procedures; correction, 4-5
Colorado Interstate Gas Co., 56
NOTICES
Eastern Shore Natural Gas Co., 56
Grants and cooperative agreements; availability, etc.:
Egan Hub Partners, L.P. & LLC, 56-57
Facilities to assist homeless—
El Paso Natural Gas Co., 57
Excess and surplus Federal property, 99
Great Lakes Gas Transmission Ltd. Partnership, 57
Nautilus Pipeline Co., L.L.C., 57-58
Interior Department
PacifiCorp, 58
See Land Management Bureau
Pinnacle Pipeline Co., 58
Transcontinental Gas Pipe Line Corp., 58-59
Internal Revenue Service
Wyoming Interstate Co., Ltd., 59
RULES
Federal Housing Finance Board Income taxes:
Computing depreciation; changes, 5-12
NOTICES
Agency information collection activities; proposals, Credit for increasing research activities, 22-29
submissions, and approvals, 77 Income for trust purposes; definition, 12-22
Federal home loan bank system: PROPOSED RULES
Community financial institutions average total assets and Income taxes:
directors annual compensation; limits; annual Computing depreciation changes; cross-reference, 42-43
adjustments, 77-79 Credit for increasing research activities, 43—47
Income taxes, etc:
Federal Reserve System ■ Section 482; treatment of controlled services transactions
NOTICES and allocation of income and deductions from
Banks and bank holding companies: intangibles
Formations, acquisitions, and mergers, 79 Correction, 47
NOTICES
Federal Trade Commission Meetings:
NOTICES Taxpayer Advocacy Panels, 127
Premerger notification waiting periods; early terminations,
79-84 International Trade Administration
Prohibited trade practices: NOTICES
Tenet Healthcare Corp. et al., 84-86 Antidumping and countervailing duties:
Administrative review requests, 50
Foreign-Trade Zones Board Five-year (sunset) reviews—
NOTICES Initiation of reviews, 50-51
Applications, hearings, determinations, etc.:
Alabama, 48
International Trade Commission
Arizona
NOTICES
American Italian Pasta Co.; dry pasta products
Import investigations:
warehousing/distribution facility, 49
Ductile iron waterworks fittings from—
Illinois, 49
China. 100-101
Ohio, 49
Pressure sensitive plastic tape from—
Italy, 101-103
Forest Service
Prestressed concrete steel wire strand from—
RULES
Japan, 103-105
National Forest System timber sale and disposal:
Meetings; Sunshine Act, 105-106
Timber sale contracts extension to facilitate urgent timber
removal from other lands, 29-33
Justice Department
NOTICES
Meetings: NOTICES
Resoiuce Advisory Committees— Pollution control; consent judgments:
Madera County, 48 Corpus Christi, TX, 106
Hastings, NE, et al., 106
Health and Human Services Department Privacy Act:
See Centers for Disease Control and Prevention Systems of records, 107-109
Federal Register/Vol. 69, No. 1/Friday, January 2, 2004/Contents V
Labor Department EXECECUTIVE ORDERS
See Employment and Training Administration Government agencies and employees:
See Employment Standards Administration Pay rates (EO 13322), 231-240
Arrivals in and departures from the United States;
Land Management Bureau assignment of functions (EO 13323), 241
NOTICES
Meetings:
Substance Abuse and Mental Health Services
Resource Advisory Councils—
Administration
Alaska, 100
NOTICES
National Archives and Records Administration Federal agency urine drug testing; certified laboratories
meeting minimum standards, list, 98-99
NOTICES
Agency records schedules; availability, 118-120
Surface Transportation Board
National Institutes of Health
NOTICES
NOTICES Railroad services abandonment:
Meetings: Seminole Gulf Railway, L.P., 123
National Heart, Lung, and Blood Institute, 95
National Institute of Allergy and Infectious Diseases, 95-
96 Transportation Department
National Institute of Diabetes and Digestive and Kidney See Federal Aviation Administration
Diseases, 96 See Surface Transportation Board
National Institute on Deafness and Other Communication
Disorders, 96-97 Treasury Department
National Library of Medicine, 97 See Comptroller of the Currency
Scientific Review Center, 97 See Internal Revenue Service
Warren Grant Magnuson Clinical Center— NOTICES
Board of Governors, 97-98 Agency information collection activities; proposals,
submissions, and approvals, 123-126
National Oceanic and Atmospheric Administration
NOTICES
Meetings:
North Pacific Fishery Management Council, 51-52 Separate Parts In This Issue
Natural Resources Conservation Service
Part II
PROPOSED RULES
Environmental Protection Agency, 129-192
Loan and purchase programs:
Conservation Security Program, 193-224
Part III
Nuclear Regulatory Commission Agriculture Department, Natural Resources Conservation
NOTICES Service, 193-224
Applications, hearings, determinations, etc.:
Florida Power & Light Co., 120-121
Part IV
Safety Light Corp., 121-122
Executive Office of the President, Presidential Documents
Overseas Private Investment Corporation 225-229, 231-240, 241
NOTICES
Meetings; Sunshine Act, 122
Reader Aids
Personnel Management Office
Consult the Reader Aids section at the end of this issue for
NOTICES
phone numbers, online resources, finding aids, reminders,
Agency information collection activities; proposals,
and notice of recently enacted public laws.
submissions, and approvals, 122-123
To subscribe to the Federal Register Table of Contents
Presidential Documents LISTSERV electronic mailing list, go to http://
PROCLAMATIONS listserv.access.gpo.gov and select Online mailing list
African Growth and Opportunity Act; beneficary country archives, FEDREGTOC-L, Join or leave the list (or change
desinations (Proc. 7748), 225-229 settings); then follow the instructions.
VI Federal Register/Vol. 69, No. 1/Friday, January 2, 2004/Contents
l.j-
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
3 CFR
Proclamations:
7748 .227
Executive Orders:
13322 .231
13323 .241
7 CFR
Proposed Rules:
1469.194
12 CFR
5.1
14 CFR
39 .2
24 CFR
203 .4
26 CFR
1 (3 documents).5, 12, 22
20.12
25 .12
26 .12
602 .22
Proposed Rules:
1 (3 documents).42. 43, 47
301.47
36 CFR
223.29
40 CFR
52.34
63 .130
44 CFR
64 .40
46 CFR
401.128
404.128
48 CFR
202.128
204 .128
211.128
212.128
243.128
252.128
Rules and Regulations
Federal Register
Vol. 69, No. 1
Friday, January 2, 2004
This section of the FEDERAL REGISTER activities where substantial efficiencies, a branch, relocation of a main office
contains regulatory documents having general including cost savings, can be achieved within a 30-mile radius (within current
applicability and legal effect, most of which through increased use of electronic city, town or village limits), and
are keyed to and codified in the Code of technology. Moreover, the Government relocation of a main office within a 30-
F50e dteitrlaels Rpuegrsuulaatnito ntos , 4w4 hUic.hS .iCs . p1u5b1li0s.h ed under Paperwork Elimination Act (GPEA)^ mile radius (outside current city, town
requires that Federal agencies consider or village limits). These four
The Code of Federal Regulations is sold by providing the public with the option of applications continue to be available for
the Superintendent of Documents. Prices of automated transactional processes that electronic filing. Five notices were
new books are listed in the first FEDERAL use and accept electronic filings and added earlier this year, including
REGISTER issue of each week. signatures, when practicable, "rhe
notification of change of corporate title;
requirements of GPEA apply to all
notification of change of main office
interactions with the Federal
DEPARTMENT OF THE TREASURY government that involve the electronic address; official 90-day advance branch
submission, maintenance, or disclosure closing and downgrade notice; final
Office of the Comptroller of the of information. 2 This includes branch closing, consolidation,
Currency transactions—such as the electronic relocation, or downgrade notice; and
filings that are the subject of this final notification of main office relocation to
12CFR Parts rule—that involve Federal information an existing branch. Additional
[Docket No. 04-01] collections covered by the Paperwork electronic filings currently are under
Reduction Act (PRA).^ development. In recognition of the fact
RIN 1557-AC13 To further the objectives we have that national banks rely on technology
described and to facilitate compliance to varying extents, electronic filing
Electronic Filings
with GPEA, the OCC designed a new remains voluntary, as it was under the
AGENCY: Office of the Comptroller of the electronic filing system called e-Corp. interim rule. Any bank that wishes to
Currency, Treasury. E-Corp uses a Web-based electronic continue filing paper-based applications
ACTION: Final rule. application to enable national banks to may do so.
submit electronically certain types of
The final rule also refers national
SUMMARY: The Office of the Comptroller corporate filings to the OCC for
of the Currency (OCC) is adopting, in approval. Authorized users at each banks to the Manual to find information
final form, without change, an interim national bank access electronic forms about the filings that are available for
rule that allows national banks to make through the OCC’s National BankNet electronic submission. The Manual,
any class of licensing filings Web site (BankNet)** and submit which is available on the OCC’s Internet
electronically and clarifies the electronically certain licensing filings to Web site,'* is updated on a continuous
circumstances under which the OCC the OCC using electronic signatures. basis.
may adopt filing procedures different This final rule facilitates expansion of The final rule also adopts
from those otherwise required by part 5. our electronic filing program. amendments to § 5.2(b) of our rules to
The rule also makes several technical II. The Interim and Final Rules provide that, after giving appropriate
changes related to the Comptroller’s notice to the applicant and, at the OCC’s
Licensing Manual (Manual). On April 14, 2003, the OCC published discretion, to others, the OCC may adopt
EFFECTIVE DATE: This final rule is and requested comment on an interim materially different procedures for a
effective February 2, 2004. rule amending 12 CFR part 5, which particular filing, or a class of filings, in
was published at 68 FR 17890. The
FOR FURTHER INFORMATION CONTACT: Jean comment period ended June 13, 2003, exceptional circumstances or unusual
Campbell, Attorney, Legislative and and no comments were received. Thus, transactions.
Regulatory Activities Division, (202)
the OCC is adopting the interim rule as Finally, the final rule adopts several
874-5090; or Darrell Sheets, Licensing
a final rule with no modifications. technical changes regarding the Manual.
Data Manager, Licensing, Policy and
Accordingly, the final rule adopts In 2002, the OCC replaced the
Systems Division, [phone],
revisions to § 5.2 to expressly provide Comptroller’s Corporate Manual with
Office of the Comptroller of the
that the OCC may permit national banks the Comptroller’s Licensing Manual and
Currency, 250 E Street, SW., •
to make any class of licensing filings made the Manual available on our
Washington, DC 20219.
electronically. Four applications were Internet Web site. The final rule adopts
SUPPLEMENTARY INFORMATION: available to be filed electronically at the changes regarding the new name of the
I. Background time we published the interim rule: Manual, provides the OCC’s Internet
establishment of a branch, relocation of
The OCC’s ongoing objectives include address, and substitutes a new address
minimizing regulatory burden for the to use to request a printed version of the
' 44 U.S.C. 3504 note.
national banks we supervise, consistent Manual.
2 See OMB Memorandum M-00-10, “OMB
with safety and soundness, and Procedures and Guidance: Implementation of the
achieving greater efficiency in the Government Paperwork Elimination Act,” 65 FR See w^vw.occ.treas.gov/corpapps/
agency’s regulatory processes. National 25508, May 2, 2000 (OMB Guidance). corpapplic.htm. This is the Web address for the
banks’ preparation of required licensing *44 U.S.C. 3501 etseq. OCC's Home page, which contains information
BankNet is a secure, extranet Web site that available to the general public. Printed copies of the
applications and filings and the OCC’s
allows the OCC to deliver data-based services via Manual are available for a fee from the CXlC’s
processing of those submissions are the Internet to the national banks we supervise. Communications Division.
2 Federal Register/Vol. 69, No. 1/Friday, January 2, 2004/Rules and Regulations
III. Regulatory Analysis and 5.40 (Change in location of main DEPARTMENT OF TRANSPORTATION
office). As part of the Manual, these
Regulatory Flexibility Act collections of information have been Federal Aviation Administration
The Regulatory Flexibility Act applies reviewed and approved by the OMB in
only to rules for which an agency accordance with the Paperwork 14 CFR Part 39
publishes a general notice of proposed Reduction Act of 1995 (44 U.S.C. 3501 [Docket No. 2003-NE-58-AD; Amendment
rulemaking pursuant to 5 U.S.C. 553(b).'’
et seq.) under OMB Control Number 39-13402; AD 2003-26-05]
Because the OCC was not required to
1557-0014.
publish, and did not publish, a general RIN 2120-AA64
notice of proposed rulemaking,^ the Effective Date
Airworthiness Directives; General
Regulatory Flexibility Act does not
apply to this final rule. Subject to certain exceptions, 12 Electric Company CF34-8C1 Series
U.S.C. 4802(b)(1) provides that new and CF34—8C5 Series Turbofan
Unfunded Mandates Reform Act of 1995 regulations and amendments to Engines
Section 202 of the Unfunded regulations prescribed by a Federal AGENCY: Federal Aviation
Mandates Reform Act of 1995, Pub. L. banking agency that impose additional Administration (FAA), DOT.
104-04 (Unfunded Mandates Act) reporting, disclosure, or other new
requires that an agency prepare a requirements on an insured depository ACTION: Final rule; request for
comments.
budgetary impact statement before institution must take effect on the first
promulgating a rule that includes a day of a calendar quarter that begins on SUMMARY: The FAA is adopting a new
Federal mandate that may result in or after the date on which the airworthiness directive (AD) for Cieneral
expenditure by State, local, and tribal regulations are published in final form. Electric Company (GE) CF34-8C1 series
governments, in the aggregate, or by the As we described in the preamble to the and CF34-8C5 series turbofan engines,
private sector, of $100 million or more interim rule, the interim rule imposed with certain serial number (SN) master
in any one year. If a budgetary impact no additional reporting, disclosure, or variable geometry (VG) actuators
statement is required, section 205 of the other new requirements on insured installed. This AD requires initial and
Unfunded Mandates Act also requires depository institutions. For that reason, repetitive reviews of the airplane
an agency to identify and consider a we concluded that 12 U.S.C. 4802(b)(1) Maintenance Data Computer (MDC) for
reasonable number of regulatory master VG actuator fault messages, and
did not apply to the interim rule. That
alternatives before promulgating a rule. if the MDC is inoperative, reviews of the
reasoning also applies to the final rule,
The OCC has determined that the final Engine Indication and Crew Alerting
which is identical to the interim rule.
rule will not result in expenditures by System (EICAS) for fault messages. This
State, local, or tribal governments or by Accordingly, we conclude that the AD also requires replacement of
the private sector of $100 million or delayed effective date requirement of 12 actuators reported faulty by the Full
more. Accordingly, the OCC has not U.S.C. 4802(b)(1) does not apply to the Authority Digital Engine Control
prepared a budgetary impact statement final rule. (FADEC). This AD results from nine
or specifically addressed the regulatory List of Subjects in Part 5 reports of master VG actuator electrical
alternatives considered. signal faults, one report of which was a
Executive Order 12866 Administrative practice and dual-channel fault, resulting in the
procedure, National banks, Reporting FADEC commanding the engine power
The OCC has determined that this and recordkeeping requirements. to idle. We are issuing this AD to
final rule does not constitute a
Securities. prevent VG master actuator dual¬
“significant regulatory action” for the
channel electrical signal faults:
purposes of Executive Order 12866. PART 5—RULES, POLICIES, AND • Which will cause an uncommanded
Paperwork Reduction Act PROCEDURES FOR CORPORATE reduction of thrust to idle with a
ACTIVITIES subsequent loss of the ability to advance
The OCC may not conduct or sponsor,
thrust above idle; and
and a respondent is not required to
■ Accordingly, the interim rule • Could result in a multi-engine loss
respond to, an information collection
amending 12 CFR part 5 which was of thrust if dual-channel faults occur on
unless it displays a currently valid
Office of Management and Budget published at 68 FR 17890 on April 14, more than one engine simultaneously.
(OMB) control number. 2003, is adopted as a final rule without DATES: This AD becomes effective
This final rule adopts changes from change. January 20, 2004. The Director of the
the interim rule which, in § 5.2(d), Federal Register approved the
Dated: December 23, 2003.
permits the electronic filing of incorporation by reference of certain
applications that contain collection of John D. Hawke, Jr,, publications listed in the regulations as
information requirements. These Comptroller of the Currency. of January’ 20, 2004.
requirements cure found in sections of 12 [FR Doc. 03-32256 Filed 12-31-03; 8:45 am] We must receive any comments on
CFR part 5, Rules, Policies, and BILLING CODE 4810-33-P this AD by March 2, 2004.
Procedures for Corporate Activities, ADDRESSES: Use one of the following
such as §§5.30 (Establishment, addresses to submit comments on this
acquisition, and relocation of a branch) AD:
• By mail: The Federal Aviation
BSee5U.S.C. 601(2). Administration (FAA), New England
^ See 5 U.S.C. 553(b)(A)(A(lministrative Region, Office of the Regional Counsel,
Procedure Act (APA) provision excepting from the Attention: Rules Docket No. 2003-NE-
notice and comment requirement "rules of agency 58-AD, 12 New England Executive Park,
organization, procedure, or practice”); 68 FR
Burlington, MA 01803-5299.
17891-92 (discussion of applicability of section
553(b)(A) to the interim rule). • By fax: [phone].