Federal Register 2004-01-26: Vol 69 Iss 16

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VoL 69 No. 16 Jan. 26, 2004
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1-26-04 Monday
Vol. 69 No. 16 Jan. 26, 2004
Pages 3483-3818
II Federal Register/Vol. 69, No. 16/Monday, January 26, 2004
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III
Contents
Federal Register
Vol. 69, No. 16
Monday, January 26, 2004
Agriculture Department Trojan Steel Co., 3606
See Commodity Credit Corporation Volt Services Group, 3606
See Food and Nutrition Service
See Forest Service Energy Department
PROPOSED RULES See Federal Energy Regulatory Commission
Farm Security and Rural Investment Act of 2002:
Biobased products designation for Federal procurement; Environmental Protection Agency
guidelines, 3533 RULES
Water programs:
Air Force Department Water quality standards—
NOTICES Puerto Rico, 3514-3525
Environmental statements; notice of intent: NOTICES
Eglin Air Force Base and Hurlburt Field, FL; military Meetings:
family housing demolition, construction, renovation, Trichloroethylene; health effects; recent scientific
and leasing program, 3570 research symposium, 3581
Pesticide programs.:
Civil Rights Commission Risk assessments—
NOTICES Thiram, 3581-3583
Meetings; State advisory committees: Superfund; response and remedial actions, proposed
Indiana, 3542 settlements, etc.:
Utah, 3543 NL Industries (Taracorp) Site, IL, 3583-3584
Commerce Department Equal Employment Opportunity Commission
See International Trade Administration RULES
See National Oceanic and Atmospheric Administration Federal sector equal employment opportunity:
Complaint processing data posting, 3483-3492
Committee for the Implementation of Textile Agreements
NOTICES Farm Credit Administration
Textile and apparel categories: NOTICES
African Growth and Opportunity Act, Caribbean Basin Meetings; Sunshine Act
Trade Partnership Act, and Andean Trade Promotion Farm Credit Administration Board, 3584
and Drug Eradication Act; short supply requests—
Combed compact yarns of wool or fine animal hair, Federal Aviation Administration
3569-3570 RULES
Airworthiness directives:
Commodity Credit Corporation Bombardier; correction, 3629
NOTICES PROPOSED RULES
Agency information collection activities; proposals, Airworthiness directives:
submissions, and approvals, 3539 Airbus, 3535-3538
Bombardier, 3533-3535
Copyright Office, Library of Congress
NOTICES Federal Communications Commission
Cable royalty funds: RULES
Final phase I distribution (1998 and 1999), 3606-3620 Television broadcasting:
Cable television systems—
Defense Department Cable Operations and Licensing System; electronic
See Air Force Department filing by Multichannel Video Programming
Distributors, 3525
Employee Benefits Security Administration NOTICES
RULES Agency information collection activities; proposals,
Mental Health Parity Act; implementation, 3815-3817 submissions, and approvals, 3584-3585
Rulemaking proceedings; petitions filed, granted, denied,
Employment and Training Administration etc., 3585
NOTICES
Adjustment assistance: Federal Energy Regulatory Commission
American Shoe Corp., 3603 NOTICES
Cliffs Mining Services Co., 3603-3604 Dockets:
DyStar LP, 3604 New docket prefix TS, 3573
Hewlett-Packard Co., 3604-3605 Electric rate and corporate regulation filings, 3573-3576
MacDonald Footwear, Inc., 3605 Environmental statements; availability, etc.:
Powerwave Technologies, 3605-3606 Dominion Transmission, Inc., 3576-3578
Textron Fastening Systems, 3606 Northwest Pipeline Corp., 3578-3579
IV Federal Register/Vol. 69, No. 16/Monday, January 26, 2004/Contents
Trinity Conservancy, Inc., 3579 International Trade Administration
Meetings: NOTICES
Natural Gas Interchangeability Conference, 3580 Antidumping:
Applications, hearings, determinations, etc.: Coumarin from—
Dominion Cove Point LNG, LP, 3570 China, 3543-3544
Equitrans, L.P., 3579-3580 Polyethylene retail carrier bags from—
High Island Offshore System, L.L.C., 3580 China, 3544-3552
Kinder Morgan Interstate Gas Transmission, LLC, 3570- Malaysia, 3557-3562
3571 Thailand, 3552-3557
Northern Natural Gas Co., 3580 Antidumping and countervailing duties:
Texas Eastern Transmission, LP, 3571-3572 False statements to Import Administration; certification
Texas Gas Transmission, LLC, 3572 and submission, 3562-3564
Virginia Natural Gas, Inc., et al., 3572-3573
International Trade Commission
Fish and Wildlife Service
NOTICES
NOTICES Import investigations:
Comprehensive conservation plans; availability, etc.:
Color television receivers from—
Hobe Sound National Wildlife Refuge, FL, 3590
China and Malaysia, 3601-3602
Endangered and threatened species:
Display controllers with upscaling functionality and
Findings on petitions, etc.—
products containing same, 3602-3603
Midvalley fairy shrimp, 3592-3598
Kosher chicken from—
Recovery plans— Canada, 3603
Paiute cutthroat trout, 3598
Endangered and threatened species permit applications,
3590-3592 Labor Department
Meetings: See Employee Benefits Security Administration
Klamath Fishery Management Council, 3599 See Employment and Training Administration
Food and Drug Administration Library of Congress
NOTICES See Copyright Office, Library of Congress
Agency information collection activities; proposals,
submissions, and approvals, 3585-3588
Maritime Administration
Meetings:
Transmissible Spongiform Encephalopathies Advisory NOTICES
Meetings:
Committee, 3588
Voluntary Intermodal Sealift Agreement/Joint Planning
Reports and guidance documents; availability, etc.:
Advisory Group, 3625
Weight-control drugs; clinical evaluation, 3588-3589
Food and Nutrition Service Minerals Management Service
NOTICES RULES
Agency information collection activities; proposals, Outer Continental Shelf; oil, gas, and sulphur operations:
submissions, and approvals, 3539-3542 Royalty rates relief or reduction; deep gas provisions,
3492-3514
Forest Service
NOTICES National Aeronautics and Space Administration
Meetings:
NOTICES
Olympic Provincial Advisory Committee, 3542 Meetings:
Resource Advisory Committees— Advisory Council
Ravalli County, 3542 Earth Systems Science and Applications Advisory
Committee, 3620-3621
Health and Human Services Department
See Food and Drug Administration
National Oceanic and Atmospheric Administration
Housing and Urban Development Department NOTICES
Marine mammals:
NOTICES
Incidental taking; authorization letters, etc.—
Agency information collection activities; proposals,
ConocoPhillips Alaska; Beaufort Sea, AK; on-ice
submissions, and approvals, 3589-3590
seismic activities; pinnipeds, 3564-3567
Permits:
Interior Department
Endangered and threatened species, 3568-3569
See Fish and Wildlife Service
See Minerals Management Service
See Reclamation Bureau National Science Foundation
NOTICES
Internal Revenue Service Meetings:
NOTICES Alan T. Waterman Award Committee, 3621
Agency information collection activities; proposals, Equal Opportunities in Science and Engineering Advisory
submissions, and approvals, 3626-3628 Committee, 3621
Federal Register/Vol. 69, No. 16/Monday, January 26, 2004/Contents V
Nuclear Regulatory Commission Small Business Administration
RULES NOTICES
Radioactive material; packaging and transportation: Disaster loan areas:
International Atomic Energy Agency transportation safety Massachusetts, 3625
standards (TS-R-1) and other transportation safety
amendments; compatibility, 3697-3814 Textile Agreements Implementation Committee
See Committee for the Implementation of Textile
Agreements
Overseas Private Investment Corporation
NOTICES
Transportation Department
Meetings; Sunshine Act
See Federal Aviation Administration
Board of Directors, 3621
See Maritime Administration
See Research and Special Programs Administration
Personnel Management Office
PROPOSED RULES Treasury Department
Presidential Management Fellows Program; modification, See Internal Revenue Service
3526-3533 NOTICES
Meetings:
Postal Service Financial Literacy and Education Commission, 3625-
3626
NOTICES
Meetings; Sunshine Act
Postal Service Board of Governors, 3621-3622
Separate Parts In This Issue
Reclamation Bureau
Part II
NOTICES
Transportation Department, Research and Special Programs
Environmental statements; availability, etc.:
Administration, 3631-3696
CALFED Environmental Water Account, CA; fish
protection and recovery in San Francisco Bay/ Part III
Sacramento-San Joaquin Delta, 3599-3600
Nuclear Regulatory Commission, 3697-3814
Platte River Recovery Implementation Program, NE,
3600-3601
Part IV
Labor Department, Employee Benefits Security
Research and Special Programs Administration Administration, 3815-3817
RULES
Hazardous materials:
Hazardous materials transportation— Reader Aids
Radioactive materials; compatibility with International Consult the Reader Aids section at the end of this issue for
Atomic Energy Agency regulations, 3631-3696 phone numbers, online resources, finding aids, reminders,
and notice of recently enacted public laws.
Securities and Exchange Commission To subscribe to the Federal Register Table of Contents
NOTICES LISTSERV electronic mailing list, go to http://
Self-regulatory organizations; proposed rule changes: listserv.access.gpo.gov and select Online mailing list
American Stock Exchange LLC, 3622-3623 archives, FEDREGTOC-L, Join or leave the list (or change
Chicago Stock Exchange, Inc., 3623-3625 settings); then follow the instructions.
VI Federal Register/Vol. 69, No. 16/Monday, January 26, 2004/Contents
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.
5 CFR
Proposed Rules:
213. .3526
297. .3526
315. .3526
334. .3526
362. .3526
537. .3526
550. .3526
7 CFR
Proposed Rules:
2902 .3533
10 CFR
71. .3698
14 CFR
39. .3629
Proposed Rules:
39 (2 documents). ...3533, 3535
29 CFR
1614. .3483
2590. .3816
30 CFR
203. .3492
40 CFR
131. .3514
47 CFR
0. .3525
1. .3525
76. .3525
78. .3525
49 CFR
171. .3632
172. .3632
173. .3632
174. .3632
175. .3632
176. .3632
177. .3632
178. .3632
3483
Rules and Regulations
Federal Register
Vol. 69, No. 16
Monday, January 26, 2004
This section of the FEDERAL REGISTER submitted by the public will be (AJ) and appeals filed with EEOC. The
contains regulatory documents having general available for review at the Commission’s data EEOC must post regarding hearings
applicability and legal effect, most of which library, room 6502, 1801 L Street NW., and appeals corresponds to that which
are keyed to and codified in the Code of Washington, DC between the hours of agencies are required to post under
Federal Regulations, which is published under 9:30 a.m. and 5 p.m. section 301. The interim rule uses the
50 titles pursuant to 44 U.S.C. 1510.
FOR FURTHER INFORMATION CONTACT: same categories for posting hearings and
The Code of Federal Regulations is sold by Thomas J. Schlageter, Assistant Legal appeals data that agencies will be using
the Superintendent of Documents. Prices of Counsel, Gary John Hozempa, Senior for complaint processing to the extent
new books are listed in the first FEDERAL General Attorney or Mona Papillon, those categories are applicable to
REGISTER issue of each week. Senior General Attorney at (202) 663- hearings and appeals.
4669 (voice) or [phone] (TTY). The interim rule requires an agency to
Copies of this interim final rule are also post its data in two computer-readable
EQUAL EMPLOYMENT OPPORTUNITY available in the following alternate formats, PDF and one text format that
COMMISSION formats: Large print, braille, audiotape complies with section 508 of the
and electronic file on computer disk. Rehabilitation Act. A link to an agency’s
29 CFR Part 1614
Requests for this notice in an alternative No Fear Act data also must be
RIN 3046-AA74 format should be made to EEOC’s prominently displayed on the agency’s
Publication Center at 1-800-669-3362. home Web page.
Posting Requirements in Federal Congress has directed the time
SUPPLEMENTARY INFORMATION:
Sector Equal Employment Opportunity periods for which complaint data must
Introduction be captured, and the interim rule tracks
AGENCY: Equal Employment
EEOC is issuing rules to implement these time frames. Additionally, because
Opportunity Commission.
the posting requirements set forth in Congress requires agencies to post the
ACTION: Interim final rule. Title III of the Notification and Federal average length of time to process
SUMMARY: The Equal Employment Employee Antidiscrimination and complaints “for each step of the
Opportunity Commission (EEOC) is Retaliation Act of 2002 (the No Fear process,” EEOC has set forth definitions
issuing implementing rules under the Act), Pub. L. 107-174. Pursuant to the delineating the major steps of the
No Fear Act regarding the posting of No Fear Act, a federal agency must post complaint process under 29 CFR part
EEO complaint processing data. The on its public Web site summary 1614. Lastly, Congress wants agencies to
rules tell Federal agencies what statistical data pertaining to complaints list the number of complaints by basis
information to post, how to post it, and of employment discrimination filed by and issue, so EEOC has defined these
when to post it. EEOC wishes to employees, former employees and terms.
emphasize that these are interim final applicants for employment under 29 In promulgating this interim rule,
rules and therefore subject to change CFR part 1614 (i.e., individual EEOC has been cognizant of the fact that
based on the public comments EEOC complaints, class complaints, and agencies already report to EEOC some of
receives. mixed-case complaints—but not mixed- the data they are required to post under
case appeals that are filed with the U.S. the No Fear Act. Every executive branch
DATES: This interim final rule is Merit Systems Protection Board or agency must submit to EEOC an
effective January 26, 2004. Comments grievances raising claims of “Annual Federal Equal Employment
must be submitted on or before March employment discrimination filed under Opportunity Statistical Report of
26, 2004. collective bargaining agreements). Title Discrimination Complaints,” otherwise
ADDRESSES: Written comments should III authorizes EEOC to issue rules known as EEOC Form 462. Wherever
be submitted to Frances M. Hart, concerning the “time, form and possible, EEOC has attempted" to
Executive Officer, Executive Secretariat, manner” of the postings, to define the conform an agency’s posting
Equal Employment Opportunity terms “issue” and “basis,” and to issue requirements under the Act with the
Commission, 1801 L Street, NW., any other "rules necessary to carry out” agency’s Form 462 reporting obligations.
Washington, DC 20507. As a Title III. In the event of future changes to Form
convenience to commenters, the Section 301 of the No Fear Act 462 reporting requirements, the
Executive Secretariat will accept specifically sets forth the “summary Commission will examine whether such
comments of six pages or less statistical data” that each agency must changes are relevant to the posting
transmitted by facsimile (“FAX”) post. It requires an agency to post requirements under the Act.
machine. The telephone number of the quarterly year-to-date cumulative The posting of EEO data on agency
FAX receiver is [phone]. This is statistical data for the then current fiscal public Web sites is intended to assist
not a toll free number. The six-page year. An agency also must post year end Congress, Federal agencies and the
limitation is necessary to assure access data for the five previous fiscal years or, public to assess whether and the extent
to the equipment. Receipt of FAX if not available for all five fiscal years, to which agencies are living up to their
transmissions will not be acknowledged the required data to the extent available equal employment opportunity
although a sender may request for those five fiscal years. In addition, responsibilities. Currently, EEO data,
confirmation by calling the Executive under section 302 of the No Fear Act, such as that reported on the Form 462,
Secretariat at [phone] (voice) or EEOC must post fiscal year data is reported to Congress by EEOC and is
[phone] (TTY). These are not toll pertaining to requests for hearings available from EEOC or can be viewed
free numbers. Copies of comments before an EEOC administrative judge on EEOC’s public Web site. Congress
3484 Federal Register/Vol. 69, No. 16/Monday, January 26, 2004/Rules and Regulations
concluded, however, that by having eliminate counseling as a defined step data regarding the number of AJ
each agency post its own EEO data on in the complaint process. findings of discrimination that are
its public Web site, thereby more widely In a few places, EEOC’s initial reversed on appeal, and the number of
disseminating the data, Congress, approach in implementing a particular findings of no discrimination that are
agencies, and the public would be better posting requirement was discarded reversed on appeal. The Commission
able to see how many EEO complaints because one or more agencies suggested concludes that too many additional
are filed at a particular agency, how a better means of accomplishing the categories will detract from those
many are filed government wide, what same result. For example, in the initial required to be posted under the Act.
the complaints are about, and what - draft, the Commission proposed that Therefore, EEOC has not added any
becomes of the complaints. Moreover, it agencies post both aggregate agency¬ additional categories. Agencies, of
was determined that agency managers wide data and separate data for their course, are free to post whatever EEO
and employees would have easier access respective subelements. The proposed data they desire on their public Web
to the data if it was posted on the regulation then went on to list the sites so long as it does not appear with
agency’s public Web page. At the least, affected subelements. A number of their No Fear Act data. Agencies may
posting EEO data on its own Web page agencies pointed out that EEOC’s list insert a hyperlink to this additional data
should better enable agency personnel was incomplete and that subelements on the page on which the No Fear Act
to identify and understand the nature can be subsequently created, merged, or data appears.
and scope of conflicts involving disbanded, thus making the list A handful of agencies suggested EEOC
employment discrimination within that potentially obsolete. It was suggested eliminate the “non-EEO basis” category
agency, thereby affording all agencies that a subelement be defined based on under “bases of discrimination” because
another tool in correcting any EEO the number of employees working at the a complaint that raises a non-EEO basis
problems that may exist. subelement and that only those agencies does not constitute an EEO complaint.
with subelements employing a Therefore, they argued, such
Executive Order 12067
threshold number of employees be “complaints” need not be tracked for
Pursuant to Executive Order 12067, required to post subelement data. EEOC purposes of the No Fear Act. Even a
EEOC circulated a draft of this interim has adopted this approach. A question complaint that fails to state a claim or
final rule to the heads of all federal arose whether subelements must post raises a basis that is not covered by the
executive branch agencies. Twenty-four No Fear Act data on their public Web EEO statutes, however, must be
(24) agencies offered comments. The sites. EEOC has decided not to mandate processed by an agency, even if that
Commission carefully considered all of that subelements post their own data means the complaint is immediately
the comments it received and because EEOC does not know if every dismissed. Moreover, EEOC believes it
incorporated a number of the subelement as defined by the interim will be helpful to see how many
suggestions. Many of the comments rule has a public Web site. Those which complaints that are filed under the 29
suggested ways in which to make the do have a public Web site are required CFR part 1614 procedures do not raise
posting requirements clearer. For to have a hyperlink to the parent the requisite jurisdictional basis.
example, a number of agencies agency’s posting of the subelement’s Accordingly, EEOC has decided to keep
expressed concern that the requirement data. the “non-EEO basis” category.
that an agency post the number of Other parts of the proposed rule were One agency objected to the
complaints in which an investigation is not changed based on the comments. requirement that a hyperlink to the No
not timely completed (§ 1614.704(1)) did EEOC did not eliminate the requirement Fear Act data be posted prominently on
not allow for authorized extensions of that agencies post data on dismissals. A the agency’s Web site homepage. This
the normal 180-day period. The few agencies argued that the No Fear agency argues that a hyperlink is not
Commission has clarified this section to Act does not require agencies to post explicitly required by the statute. While
make it clear that a complaint is timely this information. EEOC believes that true, EEOC believes the hyperlink
investigated if completed within 180 agency dismissals represent a significant requirement falls well within the “time,
days plus any valid extensions. aspect of the EEO complaint process form, and manner” authority given to
A few agencies opposed EEOC’s and that the value in capturing this EEOC under the Act. Additionally,
proposal that an agency revise its data information outweighs the minimal given the fact that the No Fear Act data
where issues and bases are added to the effort it will take to track and post this is one of only a few categories of
initial allegations, on the grounds that it data. Agencies currently are required to information which Congress has
would be difficult to do. Some also report dismissals to the EEOC on Form decreed be posted by all executive
suggested that if agencies must post the 462. At the suggestion of a few agencies, branch agencies on their public Web
bases and issues that subsequently are EEOC revised this section of the rule to sites, it simply makes sense that
added to complaints, withdrawn issues make it clear that it does not apply to members of the public be able to access
and bases should be accounted for as partial dismissals. this data as easily as possible.
well. EEOC has decided to eliminate the In a similar vein, a few agencies Some other suggested changes were
requirement that agencies post the requested that the final rule allow not made because they were based on a
issues and bases added by amendment. agencies to post data which they deem misreading of the draft regulations. In
A few agencies pointed out that not all will present a more complete view of those instances, EEOC has clarified the
agencies accept EEO complaints that are the EEO process but which is not regulations and preamble to address the
filed via email or facsimile. EEOC has required to be posted by the No Fear misunderstood language. A number of
eliminated this language. A number of Act. The kind of data agencies would agencies, for example, expressed the
agencies questioned EEOC’s proposal to like to post include the number of concern that agencies would be held
identify counseling as a step of the complaints in which no discrimination accountable for the time a complaint is
complaint process, noting that not all is found, the number of complaints that with an EEOC AJ. However, EEOC, and
counseling contacts result in a formal are resolved through an agency’s ADR not the agencies, is required to post
complaint and that the No Fear Act program, the number that are settled by hearing data.
requires posting only with respect to other means, and the number that are A number of agencies requested that
complaints. EEOC has decided to withdrawn. Some agencies want to post EEOC mandate a uniform format for