[Federal Register Volume 69, Number 15 (Friday, January 23, 2004)]
[Contents]
[Pages II-VII]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]



 ___________________________________________________________
 
 
FEDERAL REGISTER
 

  Federal Register / Vol. 69, No. 15 / Friday, January 23, 
2004 / Contents   

  Friday
 Jan. 23, 2004
 Pages 3213-3482

[[Page 2]]

    The FEDERAL REGISTER (ISSN 0097-6326) is published daily, Monday 
  through Friday, except official holidays, by the Office of the Federal 
  Register, National Archives and Records Administration, Washington, DC 
  20408, under the Federal Register Act (44 U.S.C. Ch. 15) and the 
  regulations of the Administrative Committee of the Federal Register (1 
  CFR Ch. I). The Superintendent of Documents, U.S. Government Printing 
  Office, Washington, DC 20402 is the exclusive distributor of the 
  official edition. Periodicals postage is paid at Washington, DC.

    The FEDERAL REGISTER provides a uniform system for making available 
  to the public regulations and legal notices issued by Federal 
  agencies. These include Presidential proclamations and Executive 
  Orders, Federal agency documents having general applicability and 
  legal effect, documents required to be published by act of Congress, 
  and other Federal agency documents of public interest.

    Documents are on file for public inspection in the Office of the 
  Federal Register the day before they are published, unless the issuing 
  agency requests earlier filing. For a list of documents currently on 
  file for public inspection, www.archives.gov.

    The seal of the National Archives and Records Administration 
  authenticates the Federal Register as the official serial publication 
  established under the Federal Register Act. Under 44 U.S.C. 1507, the 
  contents of the Federal Register shall be judicially noticed.

    The Federal Register is published in paper and on 24x microfiche. It 
  is also available online at no charge as one of the databases on GPO 
  Access, a service of the U.S. Government Printing Office.

    The online edition of the Federal Register www.access.gpo.gov/nara, 
  available through GPO Access, is issued under the authority of the 
  Administrative Committee of the Federal Register as the official legal 
  equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 
  CFR 5.10). It is updated by 6 a.m. each day the Federal Register is 
  published and includes both text and graphics from Volume 59, Number 1 
  (January 2, 1994) forward.

    For more information about GPO Access, contact the GPO Access User 
  Support Team, call toll free 1-888-293-6498; DC area 202-512-1530; fax 
  at 202-512-1262; or via email at [email protected]. The Support Team 
  is available between 7:00 a.m. and 9:00 p.m. Eastern Time, Monday-
  Friday, except official holidays.

    The annual subscription price for the Federal Register paper edition 
  is $699, or $764 for a combined Federal Register, Federal Register 
  Index and List of CFR Sections Affected (LSA) subscription; the 
  microfiche edition of the Federal Register including the Federal 
  Register Index and LSA is $264. Six month subscriptions are available 
  for one-half the annual rate. The charge for individual copies in 
  paper form is $10.00 for each issue, or $10.00 for each group of pages 
  as actually bound; or $2.00 for each issue in microfiche form. All 
  prices include regular domestic postage and handling. International 
  customers please add 40% for foreign handling. Remit check or money 
  order, made payable to the Superintendent of Documents, or charge to 
  your GPO Deposit Account, VISA, MasterCard, American Express, or 
  Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 
  371954, Pittsburgh, PA 15250-7954; or call toll free 1-866-512-1800, 
  DC area 202-512-1800; or go to the U.S. Government Online Bookstore 
  site, [email protected].

    There are no restrictions on the republication of material appearing 
  in the Federal Register.

    How To Cite This Publication: Use the volume number and the page 
  number. Example: 69 FR 12345.

    Postmaster: Send address changes to the Superintendent of Documents, 
  Federal Register, U.S. Government Printing Office, Washington DC 
  20402, along with the entire mailing label from the last issue 
  received.

                                    
                                    
    

  SUBSCRIPTIONS AND COPIES
  ----------------------------------------------------------------
  PUBLIC
    Subscriptions:
      Paper or fiche                                      202-512-1800
      Assistance with public subscriptions                202-512-1806
  General online information                          202-512-1530; 1-
                                                          888-293-6498
    Single copies/back copies:
      Paper or fiche                                      202-512-1800
      Assistance with public single copies              1-866-512-1800
                                                           (Toll-Free)
  FEDERAL AGENCIES
    Subscriptions:
      Paper or fiche                                      202-741-6005
      Assistance with Federal agency subscriptions        202-741-6005


------------------------------------------------------------------------
 
-------------------------------------------------------------------------
What's NEW!
 
Federal Register Table of Contents via e-mail
 
Subscribe to FEDREGTOC, to receive the Federal Register Table of
 Contents in your e-mail every day.
 
If you get the HTML version, you can click directly to any document in
 the issue.
 
To subscribe, go to http://listserv.access.gpo.gov and select:
 
  Online mailing list archives
  FEDREGTOC-L
  Join or leave the list
 
Then follow the instructions.
------------------------------------------------------------------------



------------------------------------------------------------------------
 
-------------------------------------------------------------------------
What's NEW!
 
Regulations.gov, the award-winning Federal eRulemaking Portal
 
Regulations.gov is the one-stop U.S. Government web site that makes it
 easy to participate in the regulatory process.
 
Try this fast and reliable resource to find all rules published in the
 Federal Register that are currently open for public comment. Submit
 comments to agencies by filling out a simple web form, or use available
 email addresses and web sites.
 
The Regulations.gov e-democracy initiative is brought to you by NARA,
 GPO, EPA and their eRulemaking partners.
 
Visit the web site at: http://www.regulations.gov
------------------------------------------------------------------------


 
 
 
                  CONTENTS
 
 

  Federal Register / Vol. 69, No. 15 / Friday, January 23, 2004 / 
Contents  

[[Page iii]]




Agricultural Marketing Service
PROPOSED RULES
Milk marketing orders:
    Appalachian and Southeast, 3278-3288
Spearmint oil produced in Far West, 3272-3278


Agriculture Department
See  Agricultural Marketing Service
See  Animal and Plant Health Inspection Service
See  Commodity Credit Corporation
See  Food and Nutrition Service
See  Forest Service
See  Rural Utilities Service


Animal and Plant Health Inspection Service
PROPOSED RULES
Genetically engineered organisms; importation, interstate movement, and 
          environmental release, 3271-3272


Army Department
See  Engineers Corps


Blind or Severely Disabled, Committee for Purchase From People Who Are
See  Committee for Purchase From People Who Are Blind or Severely 
          Disabled


Census Bureau
NOTICES
Surveys, determinations, etc.:
    Company organization; annual, 3329


Centers for Disease Control and Prevention
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3362-3364
Foreign quarantine:
    Civets; embargo on importation to prevent spread of SARS (severe 
            acute respiratory syndrome), 3364-3365
Grants and cooperative agreements; availability, etc.:
    Human immunodeficiency virus (HIV)--
        Pacific Islands; HIV prevention projects; correction, 3365
    National Violent Death Reporting System, 3365-3369
Meetings:
    National Institute for Occupational Safety and Health--
        Radiation and Worker Health Advisory Board, 3369-3370


Centers for Medicare & Medicaid Services
NOTICES
Committees; establishment, renewal, termination, etc.:
    Ambulatory Payment Classification Groups Advisory Panel, 3370-3371
Meetings:
    Practicing Physicians Advisory Council, 3371-3372


Citizenship and Immigration Services Bureau
NOTICES
Immigration:
    Direct Mail Program--
        Special immigrant classification and/or adjustment of status by 
                officers or employees of international organizations 
                and their family members, 3380-3381


Coast Guard
RULES
Pollution:
    Vessels carrying oil; response plans; salvage and firefighting 
            equipment; partial suspension, 3236-3237


Commerce Department
See  Census Bureau
See  Industry and Security Bureau
See  International Trade Administration
See  National Oceanic and Atmospheric Administration
See  Patent and Trademark Office


Committee for Purchase From People Who Are Blind or Severely Disabled
NOTICES
Procurement list; additions and deletions, 3329


Committee for the Implementation of Textile Agreements
NOTICES
Export visa requirements; certification, waivers, etc.:
    China, 3333-3334
    Mexico, 3334-3335


Commodity Credit Corporation
NOTICES
Grants and cooperative agreements; availability, etc.:
    Emerging Markets Program, 3304-3307
    Foreign Market Development Cooperator Program, 3307-3309
    Market Access Program, 3309-3311
    Quality Samples Program, 3311-3313
    Technical Assistance for Specialty Crops Program, 3313-3315


Comptroller of the Currency
PROPOSED RULES
Economic Growth and Regulatory Paperwork Reduction Act of 1996; 
          implementation;
    Burden reduction recommendations [Editorial Note: This document 
            appearing at 69 FR 2852 in the Federal Register of January 
            21, 2004, was incorrectly indexed in that issue's Table of 
            Contents.]


Defense Department
See  Engineers Corps
NOTICES
Military installations inside U.S.; selection criteria for closure and 
          realignment, 3335

[[Page iv]]




Education Department
NOTICES
Meetings:
    Historically Black Colleges and Universities, President's Board of 
            Advisors, 3336
    Tribal Colleges and Universities, President's Board of Advisors, 
            3336-3337


Employment and Training Administration
NOTICES
Adjustment assistance:
    Bojud Knitting Mills, Inc., 3391
    Central-PA Distribution & Warehouse, LLC, 3391
    Computer Sciences Corp., 3391-3392
    Cookson Electronics, 3392
    Flextronics Logistics, 3392
    Harriet & Henderson Yarns, Inc., 3392-3393
    Kana Software, Inc., 3393
    Smurfit-Stone, et al., 3393-3394
    Waggoner/Parker Fisheries, 3394
    William Carter Co., 3394
NAFTA transitional adjustment assistance:
    Ericsson, Inc., 3394-3395


Employment Standards Administration
NOTICES
Minimum wages for Federal and federally-assisted construction; general 
          wage determination decisions, 3395-3396


Energy Department
See  Energy Information Administration
See  Federal Energy Regulatory Commission
RULES
Human Reliability Program, 3213-3233


Energy Information Administration
NOTICES
Reports and guidance documents; availability, etc.:
    Liquefied natural gas storage reports, monthly and annual; new 
            survey form; withdrawn, 3337


Engineers Corps
NOTICES
Environmental statements; notice of intent:
    Boonesborough, KY; Kentucky River Lock and Dam 10 Stabilization and 
            Renovation Project, 3335-3336


Environmental Protection Agency
RULES
Air quality implementation plans; approval and promulgation; various 
          States:
    New York, 3237-3240
Pesticides; tolerances in food, animal feeds, and raw agricultural 
          commodities:
    Sulfuryl fluoride, 3240-3257
NOTICES
Environmental statements; availability, etc.:
    Agency statements; comment availability, 3339-3340
    Agency statements; weekly receipts, 3340-3341
Meetings:
    Pesticide Program Dialogue Committee, 3341-3342
Pesticide programs:
    Risk assessment--
        Oryzalin, 3342-3344
Toxic and hazardous substances control:
    New chemicals--
        Receipt and status information, 3344-3349


Executive Office of the President
See  Management and Budget Office


Federal Aviation Administration
RULES
Airworthiness directives:
    Rolls-Royce plc, 3233-3235


Federal Communications Commission
RULES
Common carrier services:
    Satellite communications--
        Satellite licensing procedures, 3268
    Wireless telecommunications services--
        71-76 GHz, 81-86 GHz, and 92-95 GHz bands allocations and 
                service rules, 3257-3268
Television broadcasting:
    Major television markets; designated communities; additions to 
            list, 3268-3270
NOTICES
Grants and cooperative agreements; availability, etc.:
    Ysleta Independent School District, TX, et al.; funding year 2002 
            filing window waived, 3349-3361
Rulemaking proceedings; petitions filed, granted, denied, etc., 3361


Federal Deposit Insurance Corporation
PROPOSED RULES
Economic Growth and Regulatory Paperwork Reduction Act of 1996; 
          implementation:
    Burden reduction recommendations [Editorial Note: This document 
            appearing at 69 FR 2852 in the Federal Register of January 
            21, 2004, was incorrectly indexed in that issue's Table of 
            Contents.]


Federal Energy Regulatory Commission
NOTICES
Electric rate and corporate regulation filings, 3337-3339


Federal Reserve System
PROPOSED RULES
Economic Growth and Regulatory Paperwork Reduction Act of 1996; 
          implementation:
    Burden reduction recommendations [Editorial Note: This document 
            appearing at 69 FR 2852 in the Federal Register of January 
            21, 2004, was incorrectly indexed in that issue's Table of 
            Contents.]
NOTICES
Banks and bank holding companies:
    Change in bank control, 3361
    Permissible nonbanking activities, 3361-3362


Federal Transit Administration
NOTICES
Environmental statements; notice of intent:
    Berkeley, Oakland, and San Leandro, CA; East Bay Bus Rapid Transit 
            Project, 3423-3425


Fish and Wildlife Service
NOTICES
Endangered and threatened species and marine mammal permit 
          applications, 3386
Endangered and threatened species permit applications, 3386-3387
Environmental statements; availability, etc.:
    South Bay Salt Ponds Initial Stewardship Project, CA, 3387-3388

[[Page v]]




Food and Drug Administration
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3372-3373
Meetings:
    Medical Devices Advisory Committee, 3373-3374


Food and Nutrition Service
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3315-3316


Forest Service
NOTICES
Environmental statements; availability, etc.:
    Northern spotted owl; survey and manage mitigation measure 
            standards and guidelines; removal or modification, 3316-
            3317
Meetings:
    Resource Advisory Committees--
        Fresno County, 3317
        Southwest Mississippi, 3317


Health and Human Services Department
See  Centers for Disease Control and Prevention
See  Centers for Medicare & Medicaid Services
See  Food and Drug Administration
See  Health Resources and Services Administration
See  Substance Abuse and Mental Health Services Administration
RULES
Health insurance reform:
    Health Insurance Portability and Accountability Act of 1996--
        Standard unique health care provider identifier, 3433-3469
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3362


Health Resources and Services Administration
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3374-3379


Homeland Security Department
See  Citizenship and Immigration Services Bureau
See  Coast Guard


Housing and Urban Development Department
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3381-3382
Environmental statements; availability, etc.:
    World Trade Center Memorial and Redevelopment Plan, Manhattan, New 
            York, NY, 3382-3383
Grants and cooperative agreements; availability, etc.:
    Homeless assistance; excess and surplus Federal properties, 3383-
            3385
Meetings:
    Manufactured Housing Consensus Committee, 3385-3386


Industry and Security Bureau
NOTICES
Meetings:
    Information Systems Technical Advisory Committee, 3329-3330


Interior Department
See  Fish and Wildlife Service
See  Land Management Bureau
See  Surface Mining Reclamation and Enforcement Office


Internal Revenue Service
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3428-3430


International Trade Administration
NOTICES
Countervailing duties:
    Carbon and alloy steel wire rod from--
        Canada, 3330-3332


Justice Department
NOTICES
Pollution control; consent judgments:
    Advance Fuel Filtration Systems, 3390
    Clatsop County, OR, 3390


Labor Department
See  Employment and Training Administration
See  Employment Standards Administration


Land Management Bureau
NOTICES
Environmental statements; availability, etc.:
    Northern spotted owl; survey and manage mitigation measure 
            standards and guidelines; removal or modification, 3316-
            3317
Meetings:
    Resource Advisory Committees--
        Roseburg District, 3388-3389
        Salem, OR, 3389


Management and Budget Office
NOTICES
Federal Activities Inventory Reform Act of 1998; implementation:
    Agency Inventories of Activities that are and are not Inherently 
            Governmental; availability, 3401-3402


National Aeronautics and Space Administration
RULES
Grant and Cooperative Agreement Handbook:
    Investigative requirements, 3235


National Commission on Terrorist Attacks Upon the United States
NOTICES
Hearings, 3396


National Highway Traffic Safety Administration
PROPOSED RULES
Motor vehicle safety standards:
    Defect and noncompliance--
        Early warning and customer satisfaction campaign documentation; 
                reporting requirements; reconsideration petitions 
                denied, 3292-3300
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3425-3427

[[Page vi]]




National Oceanic and Atmospheric Administration
PROPOSED RULES
Fishery conservation and management:
    Northeastern United States fisheries--
        Summer flounder, scup, and black sea bass, 3300-3303
NOTICES
Permits:
    Endangered species, 3332


Nuclear Regulatory Commission
NOTICES
Radioactive materials security; safeguards information protection; 
          additional security measures, 3397-3400
Reports and guidance documents; availability, etc.:
    Extended power updates; review standard, 3400-3401


Office of Management and Budget
See  Management and Budget Office


Patent and Trademark Office
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3332-3333
Agency information collections activities; proposals, submissions, and 
          approvals, 3333


Postal Rate Commission
PROPOSED RULES
Practice and procedure:
    Postal service definition, 3288-3292


Rural Utilities Service
NOTICES
Grants and cooperative agreements; availability, etc.:
    High Energy Cost Community Grant Program, 3317-3329


Securities and Exchange Commission
PROPOSED RULES
Investment companies:
    Investment company governance practices, 3471-3482
NOTICES
Self-regulatory organizations; proposed rule changes:
    Chicago Board Options Exchange, Inc., 3402-3404
    Depository Trust Co., 3405-3406
    National Association of Securities Dealers, Inc., 3407-3418
    National Securities Clearing Corp., 3418
    New York Stock Exchange, Inc., 3418-3421
    NQLX LLC, 3421-3422
    Philadelphia Stock Exchange, Inc., 3422-3423


Small Business Administration
NOTICES
Disaster loan areas:
    California, 3423
Meetings:
    Regulatory Fairness Boards--
        Region VI; Public Roundtable, 3423


Substance Abuse and Mental Health Services Administration
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3379-3380


Surface Mining Reclamation and Enforcement Office
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3389-3390


Textile Agreements Implementation Committee
See  Committee for the Implementation of Textile Agreements


Thrift Supervision Office
PROPOSED RULES
Economic Growth and Regulatory Paperwork Reduction Act of 1996; 
          implementation:
    Burden reduction recommendations [Editorial Note: This document 
            appearing at 69 FR 2852 in the Federal Register of January 
            21, 2004, was incorrectly indexed in that issue's Table of 
            Contents.]


Transportation Department
See  Federal Aviation Administration
See  Federal Transit Administration
See  National Highway Traffic Safety Administration


Treasury Department
See  Comptroller of the Currency
See  Internal Revenue Service
See  Thrift Supervision Office
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3427-3428


Veterans Affairs Department
NOTICES
Agency information collection activities; proposals, submissions, and 
          approvals, 3431

-----------------------------------------------------------------------



Separate Parts In This Issue
Part II
Health and Human Services Department, 3433-3469


Part III
Securities and Exchange Commission, 3471-3482

-----------------------------------------------------------------------



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.


 
 
      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.
 

  Federal Register / Vol. 69, No. 15 / Friday, January 23, 2004 / 
Contents  

  Federal Register / Vol. 69, No. 15 / Friday, January 23, 2004 / 
Contents  

  Federal Register / Vol. 69, No. 15 / Friday, January 23, 2004 / 
Contents  

[[Page vii]]



                           7 CFR
Proposed Rules:
340...................................................3271
985...................................................3272
1005..................................................3278
1007..................................................3278
1094..................................................3278

                          10 CFR
710...................................................3213
711...................................................3213
712...................................................3213

                          14 CFR
39....................................................3233
1260..................................................3235

                          17 CFR
Proposed Rules:
270...................................................3472

                          33 CFR
155...................................................3236

                          39 CFR
Proposed Rules:
3001..................................................3288

                          40 CFR
52....................................................3237
180...................................................3240

                          45 CFR
162...................................................3434

                          47 CFR
1.....................................................3257
2.....................................................3257
15....................................................3257
25....................................................3268
76....................................................3268
97....................................................3257
101...................................................3257

                          49 CFR
Proposed Rules:
579...................................................3292

                          50 CFR
Proposed Rules:
648...................................................3300