Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 58057

1531–1538), which the President signed 

into law on March 22, 1995, the 

Department has assessed the effects of 

this rule on State, local, and Tribal 

governments and the private sector. 

This rule will not compel the 

expenditure of $100 million or more by 

any State, local, or Tribal government, 

or anyone in the private sector. 

Therefore, a statement under section 

202 of the Act is not required.

Federalism 

The Department has considered this 

rule under the requirements of 

Executive Order 13132, Federalism. The 

Department has determined that the rule 

conforms with the federalism principles 

set out in this Executive order; will not 

impose any significant compliance costs 

on the States; and will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

Consultation and Coordination With 

Indian Tribal Governments 

This rule does not have tribal 

implications as defined by Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments. Therefore, advance 

consultation with Tribes is not required. 

Controlling Paperwork Burdens on the 

Public 

This rule does not contain any 

recordkeeping or reporting requirements 

or other information collection 

requirement as defined in 5 CFR part 

1320. Accordingly, the review 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501, et seq.) and 

implementing regulations at 5 CFR part 

1320, Controlling Paperwork Burden on 

the Public, do not apply. 

Government Paperwork Elimination Act 

Compliance 

The Department is committed to 

compliance with the Government 

Paperwork Elimination Act (44 U.S.C. 

3504), which requires Government 

agencies to provide the public the 

option of submitting information or 

transacting business electronically to 

the maximum extent possible.

List of Subjects in 36 CFR Part 219 

Administrative practice and 

procedure, Environmental impact 

statements, Forest and forest products, 

Indians, Intergovernmental relations, 

National Forests, Natural resources, 

Reporting and recordkeeping 

requirements, Science and technology.

Therefore, for the reasons set forth in 

the preamble, part 219 of title 36 of the 

Code of Federal Regulations is amended 

as follows:

PART 219—PLANNING

Subpart A—National Forest System 

Land and Resource Management 

Planning

■ 1. The authority citation for subpart A 

continues to read as follows:

Authority: 5 U.S.C. 301; and Secs. 6 and 

15, 90 Stat. 2949, 2952, 2958 (16 U.S.C. 1604, 

1613).

■ 2. Add an appendix at the end of 

§ 219.35 to read as follows:

* * * * *

Appendix B to § 219.35 

Interpretative Rule Related to Paragraphs 

219.35(a) and (b) 

The Department is clarifying the intent of 

the transition provisions of paragraphs (a) 

and (b) of this section with regard to the 

consideration and use of the best available 

science to inform project decisionmaking that 

implements a land management plan as 

follows: 

1. Under the transition provisions of 

paragraph (a), the responsible official must 

consider the best available science in 

implementing and, if appropriate, in 

amending existing plans. Paragraph (b) 

allows the responsible official to elect to 

prepare plan amendments and revisions 

using the provisions of the 1982 planning 

regulation until a new final planning rule is 

adopted. A proposed rule to revise the 

November 9, 2000, planning regulations was 

published in the Federal Register on 

December 6, 2002 (67 FR 72770). A new final 

rule has not been promulgated. 

2. Until a new final rule is promulgated, 

the transition provisions of § 219.35 remain 

in effect. The 1982 rule is not in effect. 

During the transition period, responsible 

officials may use the provisions of the 1982 

rule to prepare plan amendments and 

revisions. Projects implementing land 

management plans must comply with the 

transition provisions of § 219.35, but not any 

other provisions of the 2000 planning rule. 

Projects implementing land management 

plans and plan amendments, as appropriate, 

must be developed considering the best 

available science in accordance with 

§ 219.35(a). Projects implementing land 

management plans must be consistent with 

the provisions of the governing plan.

Dated: September 24, 2004. 

David P. Tenny, 

Deputy Under Secretary, Natural Resources 

and Environment.

[FR Doc. 04–21844 Filed 9–28–04; 8:45 am] 

BILLING CODE 3410–11–P

POSTAL SERVICE

39 CFR Parts 3, 4, and 6 

Bylaws of the Board of Governors

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: On September 14, 2004, the 

Board of Governors of the United States 

Postal Service adopted a number of 

amendments to its Bylaws. These 

amendments changed the quorum of 

Governors required to vote on a 

recommended decision of the Postal 

Rate Commission, reserved the election 

of the Board’s Vice Chairman to the 

Governors, and altered the rules for 

scheduling meetings. Consequently, the 

Postal Service hereby publishes this 

final rule.

EFFECTIVE DATE: September 29, 2004.

FOR FURTHER INFORMATION CONTACT:

William T. Johnstone, Secretary of the 

Board, U.S. Postal Service, 475 L’Enfant 

Plaza, SW., Washington, DC 20260–

1000; (202) 268–4800.

SUPPLEMENTARY INFORMATION: This 

document publishes amendments to 

parts 3, 4, and 6 of 39 CFR, amending 

the Bylaws of the Board of Governors of 

the United States Postal Service. The 

Board amended parts 3 and 4 to reserve 

the election of the Board’s Vice 

Chairman to a vote of the Governors, 

rather than a vote of the entire Board. 

In part 6, the Board changed the 

procedure for establishing an annual 

schedule of meetings to conform to 

current practice. The Board also 

amended part 6 to change from 5 to 4 

the number of Governors required for a 

quorum to vote on a recommended 

decision of the Postal Rate Commission.

List of Subjects in 39 CFR Parts 3, 4, 6 

Administrative practice and 

procedure, Organization and functions 

(Government agencies), Postal Service.

■ Accordingly, parts 3, 4, and 6 of 39 

CFR are amended as follows:

PART 3—[AMENDED]

■ 1. The authority citation for part 3 

continues to read as follows:

Authority: 39 U.S.C. 202, 203, 205, 401(2), 

(10), 402, 414, 416, 1003, 2802–2804, 3013; 

5 U.S.C. 552b(g), (j); Inspector General Act, 

5 U.S.C. app.; Pub. L. 107–67, 115 Stat. 514 

(2001).

§ 3.3 [Amended]

■ 2. Amend § 3.3 by removing and 

reserving paragraph (a).

■ 2.a. Amend § 3.4 by revising paragraph 

(c) to read as follows:

58058 Federal Register / Vol. 69, No. 188 / Wednesday, September 29, 2004 / Rules and Regulations 

§ 3.4 Matters reserved for decision by the 

Governors.

* * * * *

(c) Election of the Chairman and Vice 

Chairman of the Board of Governors, 39 

U.S.C. 202(a).

* * * * *

PART 4—[AMENDED]

■ 3. The authority citation for part 4 

continues to read as follows:

Authority: 39 U.S.C. 202–205, 401(2), (10), 

402, 1003, 3013.

§ 4.2 [Amended]

■ 4. Amend § 4.2 by removing the words 

‘‘The Vice Chairman is elected by the 

Board’’ and adding the words ‘‘The Vice 

Chairman is elected by the Governors’’ in 

their place.

PART 6—[AMENDED]

■ 5. The authority citation for part 6 

continues to read as follows:

Authority: 39 U.S.C. 202, 205, 401(2), (10), 

1003, 3013; 5 U.S.C. 552b(e), (g).

§ 6.1 [Amended]

■ 6 Amend § 6.1 by revising the first 

sentence to read as follows:

§ 6.1 Regular meetings, annual meeting. 

The Board shall meet regularly on a 

schedule established annually by the 

Board. * * *

§ 6.6 [Amended]

■ 7. Amend § 6.6(f) by removing the 

numeral ‘‘5’’ and adding the numeral ‘‘4’’

in its place.

Stanley F. Mires, 

Chief Counsel, Legislative.

[FR Doc. 04–21557 Filed 9–28–04; 8:45 am] 

BILLING CODE 7710–12–P

ENVIRONMENTAL PROTECTION 

AGENCY

40 CFR Part 180

[OPP–2004–0255; FRL–7681–3]

Fenamidone; Pesticide Tolerance

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes 

tolerances for residues of fenamidone 

(4H-imidazol-4-one, 3,5-dihydro-5-

methyl-2-(methylthio)-5-phenyl-3-

(phenylamino), (S)-) in or on garlic, 

bulb; garlic, great headed; grape 

(imported); leek; onion, dry bulb; onion, 

green; onion, welsh; shallot, bulb; 

shallot, fresh leaves; tomato; tomato, 

paste; tomato, puree; vegetable, 

cucurbit, group 09; vegetable, tuberous 

and corm, subgroup 01C and establishes 

tolerances for combined residues of 

fenamidone (4H-imidazol-4-one, 3,5-

dihydro-5-methyl-2-(methylthio)-5-

phenyl-3-(phenylamino), (S)-) and its 

metabolite RPA 717879 (2,4-

imidazolidinedione, 5-methyl-5-phenyl) 

in or on fat (beef, goat, and sheep); meat 

(beef, goat, and sheep); meat byproducts 

(beef, goat, and sheep); milk; wheat, 

grain; wheat forage; wheat, hay; and 

wheat, straw. Wheat tolerances are 

being established for inadvertent 

residues in/on a rotated crop. Bayer 

CropScience requested this tolerance 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended by 

the Food Quality Protection Act of 1996 

(FQPA).

DATES: This regulation is effective 

September 29, 2004. Objections and 

requests for hearings must be received 

on or before November 29, 2004.

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit VI. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under Docket 

identification (ID) number OPP–2004–

0255. All documents in the docket are 

listed in the EDOCKET index at http:/

/www.epa.gov/edocket/. Although listed 

in the index, some information is not 

publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

FOR FURTHER INFORMATION CONTACT:

Dennis McNeilly, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW.,Washington, 

DC 20460–0001; telephone number: 

(703) 305–6742; e-mail address: 

mcneilly.dennis@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to:

• Crop production (NAICS 111), e.g., 

agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers.

• Animal production (NAICS 112), 

e.g., cattle ranchers and farmers, dairy 

cattle farmers, livestock farmers.

• Food manufacturing (NAICS 311), 

e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators.

• Pesticide manufacturing (NAICS 

32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users.

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information?

In addition to using EDOCKET (http:/

/www.epa.gov/edocket/), you may 

access this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available on E-CFR 

Beta Site Two at http://

www.gpoaccess.gov/ecfr/. To access the 

OPPTS Harmonized Guidelines 

referenced in this document, go directly 

to the guidelines athttp://www.epa.gpo/

opptsfrs/home/guidelin.htm/.

II. Background and Statutory Findings

In the Federal Register of January 28, 

2004 (69 FR 4138–4143) (FRL–7337–3), 

EPA issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 1F6300) by Bayer 

CropScience, 2 T.W. Alexander Dr., 

Research Triangle Park, NC 27709. This 

amended the petition previously