Federal Register 2005-01-11: Vol 70 Iss 7

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Vol. 70 No. 7 Jan. 11, 2005
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II Federal Register/Vol. 70, No. 7/Tuesday, January 11, 2005
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Contents
Federal Register
Vol. 70, No. 7
Tuesday, January 11, 2005
Agricultural Marketing Service Environmental Protection Agency
PROPOSED RULES RULES
Grapes grown in— Air programs:
Southeastern California, 1837-1839 Stratospheric ozone protection—
Hazelnuts grown in— Appliances using substitute refrigerants; leak repair
Oregon and Washington, 1839-1840 requirements, 1971-1993
Plant Variety and Protection Office; supplemental fees, Air quality implementation plans; approval and
1835-1837 promulgation; various States:
Illinois, 1824-1825
Agriculture Department Hazardous waste program authorizations:
See Agricultural Marketing Service New York, 1825-1830
See Commodity Credit Corporation PROPOSED RULES
See Energy Office, Agriculture Department Hazardous waste program authorizations:
See Forest Service New York, 1842-1843
See Natural Resources Conservation Service NOTICES
Meetings:
Alcohol, Tobacco, Firearms, and Explosives Bureau Science Advisory Board, 1888-1890
NOTICES Scientific Counselors Board Executive Committee, 1890—
Organization, functions, and authority delegations: 1891
Assistant Director (Management)/CFO, et al., 1903-1904 Superfund; response and remedial actions, proposed
settlements, etc.:
Children and Families Administration
Camelot Cleaners Site, ND, 1891-1892
NOTICES Water supply:
Agency informeftion collection activities; proposals,
Safe Drinking, Water Act—
submissions, and approvals, 1896-1897
Water conservation promotion; water metering and
Meetings:
billing systems, 1892-1893
People with Intellectual Disabilities, President’s
Committee, 1898 Export-Import Bank
NOTICES
Coast Guard
Meetings:
NOTICES Advisory Committee, 1893
Waterfront facilities; letters of recommendation:
Keyspan LNG Facility, Providence, R.I.; public meeting,
Federal Aviation Administration
1900
RULES
Airworthiness directives:
Commerce Department
Bombardier-Rotax GmbH, 1815-1817
See International Trade Administration
Procedural rules:
See National Oceanic and Atmospheric Administration
Investigative and enforcement procedures; civil penalty
See Patent and Trademark Office
assessment procedures; correction, 1812-1815
Commodity Credit Corporation NOTICES
Exemption petitions; summary and disposition, 1931-1932
RULES
Loan and purchase programs:
Federal Communications Commission
Environmental Quality Incentives Program—
NOTICES
Conservation Innovation Grants, 1789-1792
Agency information collection activities; proposals,
submissions, and approvals, 1893-1894
Defense Department
Declaratory ruling petitions:
NOTICES
Ultratec, Inc., et al., 1894-1895
Manual for Courts-Martial; amendments, 1877-1881
Meetings; Sunshine Act, 1895-1896
Education Department
Federal Energy Regulatory Commission
NOTICES
Grants and cooperafive agreements; availability, etc.: NOTICES
Electric rate and corporate regulation filings, 1884-1886
Indian Education Formula Grants, 1881-1882
Environmental statements; availability, etc.:
Energy Department Duke Power Co., 1886
See Federal Energy Regulatory Commission Hydroelectric applications, 1886-1887
Meetings: **
Energy Office, Agriculture Department Connecticut Transmission Infrastructure et al.; technical
RULES conference, 1887-1888
Farm Security and Rural Investment Act of 2002: Enogex, Inc.; technical conference, 1888
Biobased products; designation guidance for federal Gulfterra Texas Pipeline, LP; technical conference
procurement, 1792-1812 canceled, 1888
IV Federal Register/Vol. 70, No. 7/Tuesday, January 11, 2005/Contents
Applications, hearings, determinations, etc.: International Trade Administration
Columbia Gas Transmission Corp., 1882 NOTICES
Gas Transmission Northwest Corp., 1882-1883 Antidumping:
Questar Pipeline Co., 1883 Cut-to-length carbon steel plate—
Wisconsin Public Service Corp., 1883 Russian, Federation, 1868
Cut-to-length carbon steel plate from—
Romania, 1867
Federal Reserve System
Porcelain-on-steel cooking ware from—
NOTICES
China, 1868-1869
Banks and bank holding companies:
Small diameter carbon and alloy seamless standard, line,
Change in bank control, 1896
and pressure pipe from—
Formations, acquisitions, 8md mergers, 1896
Romania, 1869-1870
Federal Open Market Committee:
Stainless steel butt-weld pipe fittings from—
Domestic policy directives, 1896
Taiwan, 1870-1871
Antidumping and countervailing duties:
Fish and Wildlife Service Administrative review requests; correction, 1937
RULES•
Endangered and threatened species: Justice Department
Critical habitat designations— See Alcohol, Tobacco, Firearms, and Explosives Bureau
Colorado butterfly plant, 1939-1970 See Justice Programs Office
PROPOSED RULES See National Institute of Corrections
Endangered and threatened species:
Arizona agave, 1858-1862 Justice Programs Office
NOTICES
NOTICES
Endangered and threatened species:
Agency information collection activities; proposals,
Recovery plans—
submissions, and approvals, 1904
Whooping crane, 1902-1903
Endangered and threatened species permit applications, Land Management Bureau
1901-1902
NOTICES
Survey plat filings:
Food and Drug Administration Montana, 1903
RULES
Animal drugs, feeds, and related products: National Indian Gaming Commission
Invermectin meal, 1817-1818 PROPOSED RULES
Lincomycin hydrochloride soluble powder, 1818 Management contract provisions:
Minimum internal control standards, 1840-1841
Forest Service
National Institute for Literacy
NOTICES
NOTICES
Environmental statements; notice of intent:
Meetings:
Chequamegon-Nicolet National Forest, WI, 1863-1864
Advisory Board, 1905
Meetings:
Resource Advisory Committees—
Nationai Institute of Corrections
Trinity County, 1864
NOTICES
Meetings:
Health and Human Services Department Advisory Board, 1905
See Children and Families Administration
See Food and Drug Administration National Institutes of Health
See National Institutes of Health NOTICES
PROPOSED RULES Agency information collection activities; proposals,
Chimpanzee sanctuary system: submissions, and approvals, 1898-1900
Chimpanzees held in federally funded facilities;
standards of care, 1843-1858 National Oceanic and Atmospheric Administration
RULES
Homeland Security Department Endangered and threatened species:
See Coast Guard Critical habitat designations—
Right whale nomenclature and taxonomy; technical
revision, 1830-1832
Housing and Urban Development Department
NOTICES
NOTICES Environmental statements; notice of intent:
Meetings:
Endangered fish and wildlife; meeting and comment
Manufactured Housing Consensus Committee, 1901
request, 1871-1875
Meetings:
Interior Department North Pacific Fishery Management Council, 1875
See Fish and Wildlife Service Pacific Fishery Management Council, 1876
See Land Management Bureau Permits:
See National Indian Gaming Commission Endangered and threatened species, 1876
See National Park Service Marine mammals, 1876-1877
Federal Register/Vol, 70, No. 7/Tuesday, January 11, 2005/Contents V
National Park Service Philadelphia Stock Exchange, Inc., 1929-1931
NOTICES
Environmental statements; availability, etc.: State Department
Colorado River Management Plan, 1903 NOTICES
Culturally significant objects imported for exhibition:
Natural Resources Conservation Service Recarving China’s Past: The Art, Archaeology and
NOTICES Architecture of the Wu Family Shrines, 1931
Agents designated to accept legal process; list, 1864-1865
Environmental statements; availability, etc.: Transportation Department
Conservation Security Program, 1865-1866 See Federal Aviation Administration
Lower Payette River ditch diversion, ID, 1866-1867 See Research and Special Programs Administration
Field office technical guides; changes: NOTICES
Idaho, 1867 Aviation proceedings:
Certificates of public convenience and necessity and
Nuclear Regulatory Commission foreign air carrier permits; weekly applications, 1931
NOTICES
Environmental statements; availability, etc.; United States Institute of Peace
Sacramento Municipal Utility District, 1911-1912
NOTICES
Meetings; Sunshine Act, 1912-1913 Grants and cooperative agreements; availability, etc.:
Applications, hearings, determinations, etc.: Spring competition program—
KTL Roudebush Testing, 1905-1911 Solicited grants, 1933
Unsolicited grants, 1933
Patent and Trademark Office
RULES Veterans Affairs Department
Cooperative Research and Technology Enhancement Act;
PROPOSED RULES
implementation, 1818-1824 Medical benefits:
Filipino veterans; eligibility, 1841-1842
Personnel Management Office
NOTICES
PROPOSED RULES Agency information collection activities; proposals,
Excepted service: submissions, and approvals, 1934-1936
Persons with disabilities; career and career-conditional
employment, 1833-1835
NOTICES
Separate Parts In This Issue
Agency information collection activities; proposals,
submissions, and approvals, 1913
Part II
Interior Department, Fish and Wildlife Service, 1939-1970
Research and Special Programs Administration
NOTICES
Part III
Hazardous materials;
Environmental Protection Agency, 1971-1993
Exemption applications delayed; list, 1932-1933
Securities and Exchange Commission
NOTICES Reader Aids
Agency information collection activities; proposals, Consult the Reader Aids section at the end of this issue for
submissions, and approvals, 1913-1914 phone numbers, online resources, finding aids, reminders,
Investment Company Act of 1940: and notice of recently enacted public laws.
EDS Life Insurance Co., et al., 1914-1925
Public Utility Holding Company Act of 1935 filings, 1925- To subscribe to the Federal Register Table of Contents
1926 LISTSERV electronic mailing list, go to http://
Self-regulatory organizations; proposed rule changes: listserv.access.gpo.gov and select Online mailing list
Depository Trust Co., 1927 archives, FEDREGTOC-L, Join or leave the list (or change
New York Stock Exchange, Inc., 1928-1929 settings); then follow the instructions.
VI Federal Register/Vol. 70, No. 7/Tuesday, January 11, 2005/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:
213.1833
315. 1833
7 CFR
1466.1789
2902.1792
Proposed Rules:
97.1835
925.1837
982.1839
14 CFR
13.1812
39 .1815
21 CFR
520 (2 documents).1817,
1818
25 CFR
Proposed Rules:
542. 1840
37 CFR
1.1818
3.1818
38 CFR
Proposed Rules:
17.1841
40 CFR
52.1824
82.1972
271.1825
Proposed Rules:
271. 1842
42 CFR
Proposed Rules:
9.1843
50 CFR
17.1940
222.1830
224.1830
226.1830
Proposed Rules:
17. 1858
1789
Rules and Regulations
Federal Register
Vol. 70, No. 7
Tuesday, January 11, 2005
This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: In this agricultural industry. Consequently,
contains regulatory documents having general document, the Natural Resources there is a need to develop, test,
applicability and legal effect, most of which Conservation Service (NRCS) affirms, implement, and transfer innovative farm
are keyed to and codified in the Code of with changes, the provisions of an and ranch conservation technologies
Federal Regulations, which is published under interim final rule that was published in and approaches for adoption in the
50 titles pursuant to 44 U.S.C. 1510.
the Federal Register on March 29, 2004 largest applicable market.
The Code of Federal Regulations is sold by (69 FR 16392). The interim final rule To address this need. Section 1240H
the Superintendent of Documents. Prices of - added provisions regarding of the Food Security Act of 1985,16
new books are listed in the first FEDERAL Conservation Innovation Grants (CIG) to U.S.C. 3839aa-8, was added by section
REGISTER issue of each week. the regulations for the administration of 2301 of the Farm Security and Rural
the Environmental Quality Incentives Investment Act of 2002 (Pub. L. 107-
Program (EQIP). The added regulations 171), and established CIG as part of
DEPARTMENT OF AGRICULTURE implement statutory provisions EQIP. Through CiG, the Secretary of
designed to provide competitive grants Agriculture may pay the costs of
Commodity Credit Corporation
to eligible Indian Tribes; State or local competitive grants to carry out projects
units of government; non-governmental that stimulate innovative approaches to
7CFR Part 1466
organizations: and individuals to leveraging the Federal investment in
stimulate the development and adoption environmental enhancement and
Environmental Quality Incentives
of innovative conservation approaches protection in conjunction with
Program; Conservation Innovation
and technologies while leveraging the agricultural production.
Grants
Federal investment in environmental The Secretary of Agriculture
agency: Natural Resources enhancement and protection, in ' delegated the authority for the
Conservation Service, Commodity conjunction with agricultural administration of EQIP, including CIG,
Credit Corporation, U.S. Department of production. to the Chief of NRCS, who is a vice
Agriculture (USDA). The interim final rule provided a 60- president of the Commodity Credit
day public comment period that closed Corporation (CCC). EQIP is
ACTION: Final rule. on May 28, 2004. NRCS received seven administered using the funds, facilities,
SUMMARY: In this document, the Natural submissions that raised issues discussed and authorities of the CCC.
Resources Conservation Service (NRCS) below. Based on the rationale set forth CIG is administered using a two-tiered
affirms, with changes, the provisions of in the interim final rule and this approach. Grants may be awarded
an interim final rule that added document, NRCS adopts as a final rule through both National and State-level
provisions regarding Conservation the provisions of the interim final rule competitions. Funding availability for
Innovation Grants (CIG) to the that appeared in the Federal Register on the CIG National component will be
Environmental Quality Incentives March 29, 2004, except the NRCS makes announced in the Federal Register
Program (EQIP). The regulations a few modifications to those provisions through a Request for Proposals (RFP).
implement statutory provisions and describes those changes below. You In addition, the Chief may provide each
designed to provide competitive grants may access this final rule via the NRCS State Conservationist with the
to eligible Indian Tribes; State or local Internet through the NRCS home page at discretion to implement a separate
units of government; non-governmental http://ivww.nrcs.usda.gov. Select “Farm State-level component of CIG.
The Chief will determine the funding
organizations; and individuals. The Bill.”
level for the National component on an
purpose of CIG is to stimulate the CIG Program annual basis. CIG funds for the National
development and adoption of
innovative conservation approaches and Of the nearly 1.4 billion acres of component will be designated from the.
National EQIP allocation. Funding
technologies while leveraging the private land in the United States, 931
availability for State-level competitions
Federal investment in environmental million acres, or roughly 70 percent, are
will be announced through public
enhancement and protection, in in agricultural use. The activities on
notices, separately from the National
conjunction with agricultural these lands have a direct effect on soil,
production. water, air, plant, and animal resources, program. Applications will be solicited
as well as the social, cultural, and from eligible governmental and non¬
DATES: Effective date; January 11, 2005. economic condition of U.S. governmental organizations and
FOR FURTHER INFORMATION CONTACT: Kari communities, towns, and counties. individuals for single or multi-year
Cohen, Natural Resources Conservation Regional and local differences in farm projects.
Service, 14th and Independence Avenue structure, farm practices, and farm Comments
SW., Room 5239-S, Washington, DC products make delivering innovative
20250. Phone: [phone]; agricultural conservation technical Project Eligibility
facsimile: [phone]. Send e-mail assistance a challenge. National The provisions of § 1466.27(b)(4) state
to: [email protected]. Persons with agricultural research and development that “Technologies and approaches that
disabilities who require alternative may not always have the capacity to are eligible for funding in the project’s
means for communication'(Braille, large develop, test, and transfer new or geographic area through EQIP are not
print, audio tape, etc.) should contact innovative conservation technologies eligible for CIG funding.” Commenters
the USDA TARGET Center at (202) 720- and approaches rapidly or effectively to expressed concern that this sentence
2600. account for regional variances in the would be broadly interpreted to exclude
1790 Federal Register/Vol. 70, No. 7/Tuesday, January 11, 2005/Rules and Regulations
innovation associated with established only two-or three natural resource With respect to the State-level
technologies and approaches. This was priorities should be identified each year. competition, one commenter
not intended. Therefore, NRCS changed Additionally, a number of commenters recommended that NRCS raise the cap
paragraph {b)(4) to clarify that the made suggestions as to what natural from $75,000 to $450,000. NRCS made
quoted provisions do not prohibit resource concerns should be identified no changes based on this comment. The
funding of technologies and approaches in the RFP. NRCS made no changes State-level competition was designed to
that are similar to established based on these comments. As explained target CIG funds to individual producers
technologies and approaches as long as in the preamble to the interim final rule, and smaller organizations that would .
the project includes significant NRCS has designed a protocol for have difficulty generating the 50 percent
innovative differences. soliciting input on which natural required match for large awards. NRCS
With respect to project eligibility, the resource concerns should be identified also believes that there should be some
interim final rule stated that all in an RFP. NRCS will consider the distinction between the National and
agricultural producers participating in a suggestions of commenters when State competitions. Proposals larger in
CIG project must meet the basic compiling the natural resource concerns scope and funding should be submitted
eligibility requirements for EQIP. This to be listed in the next RFP. The number to the National competition. Smaller
was not intended to impose the and scope of the natural resource proposals should be submitted at the
eligibility requirements on individuals concerns will be based on the funding State level.
or entities not receiving direct or available to meet the needs identified by One commenter suggested that
indirect payments, such as an interested stakeholders. instead of utilizing all available CIG
organization locating an innovative funds on natural resource concerns
technology on a producer’s property Funding identified in the RFP, NRCS should
without providing a payment. For CIG, NRCS established two types reserve a portion of the funds for
Accordingly, we clarified the of grants for funding projects, one exceptional applications that address
regulations to state that all agricultural awarded at the National level and one natural resource concerns not identified
producers receiving a direct or indirect awarded at the State level. For FY 2004, in the RFP. NRCS made no changes
payment through participation in a CIG the Chief established a maximum based on this comment. The adoption of
project must meet the eligibility funding limit of $1 million per project this suggestion would place undue
requirements. for the National competition. Also, emphasis on funding approaches or
One commenter urged NRCS to under § 1466.27(h)(3), the maximum technologies that would not address the
ensure that CIG-funded projects would funding limit per project awarded at the most critical natural resource concerns.
include a broad spectrum of agricultural
State-level competition may not exceed Ranking
operations, large and small, crop and
S75,000.
livestock, etc. One commenter The interim final rule provides for
The provisions of § 1466.27(c) state
expressed concern that the language in applications to be evaluated and ranked
that the Chief of NRCS (or his or her
the interim final rule favored grant by a peer review panel. The interim
designee) will determine the funding
applications ft’om individuals over final rule then provides for the proposal
level for the National component of CIG
applications from non-profit rankings to be forwarded to the Grant
on an annual basis from the total
organizations and units of government. Review Board to make funding
funding available for EQIP. One
NRCS made no changes based on these recommendations to the Chief. The
commenter recommended that these
comments. Consistent with the statutory interim final rule further provides that
provisions be changed to provide that
authority at 16 U.S.C. 3844, the CIG rule the peer review panel will consist of
National CIG funding be a set
contains special provisions for limited Federal and non-Federal technical
percentage of EQIP, such aslO percent.
resource farmers or ranchers that would advisers who posses specified
One commenter recommended that
constitute a small portion of CIG grant qualifications and that the Grant Review
NRCS State Conservationists be allowed
awards. Otherwise, the National and Board will consist of five NRCS
to designate up to 10 percent of their
State-level competitions under CIG are officials. One commenter recommended
EQIP allocation for the State component
designed to minimize any bias in favor that NRCS expand the Grant Review
of CIG. Another commenter
of a class of applicants. Board to include at least two members
One commenter urged NRCS to set recommended that the funding for CIG outside of government agencies. NRCS
aside CIG funds for Latina women be a minimum of $50 million annually. made no changes based on this
farmers and ranchers. NRCS made no NRCS made no changes based on these comment. NRCS has been delegated
changes based on this comment. NRCS comments. As stated in the preamble to authority to administer the CIG program
has no authority to make awards based the interim final rule, provisions and believes that the members of the
on gender or race. regarding the funding level for CIG Grant Review Board have sufficient
provide the decision maker “with
expertise to make funding
Identification of Natural Resource maximum flexibility to adjust to
recommendations to the Chief.
Concerns changing levels of available funds and One respondent recommended that
Under the provisions of § 1466.27(d), program conditions” (69 FR 16394). NRCS provide greater weight to projects
CIG applications must address natural With respect to the National that address multiple natural resource
resource conservation concerns that are competition, one commenter asserted concerns. NRCS made no changes based
identifiecT by the Chief of NRCS and that the $1 million project cap was on this comment. Grants for CIG should
published in the RFP. Also, under the adequate and another commenter be awarded based on the quality of the
provisions of § 1466.27(d), the natural asserted the $1 million project cap proposal and not on the number of
resource concerns may change each would be insufficient for large trading natural resources concerns addressed.
year. The RFP for FY 2004 identified programs. NRCS made no changes based
five resource concerns with more on these comments. Funding limits for Evaluating Performance
specific subtopics. One commenter the National competition will be One commenter asserted that for
asserted that this listing of natural announced in each RFP based on overall grants exceeding $250,000, the grantee
resource concerns is too broad, and that EQIP funding. should be required to establish a