Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57639

(d) * * * (1) * * *

Bacitracin methylene

disalicylate in grams per ton

Combination in grams

per ton Indications for use Limitations Sponsor 

*******

(iv) 10 to 30 Swine: for increased rate of 

weight gain and improved 

feed efficiency.

For growing and finishing swine 046573

Chlortetracycline approximately 400, varying with 

body weight and food 

consumption to provide 

10 milligrams per pound 

of body weight per day.

Swine; for increased rate of 

weight gain and improved 

feed efficiency; for treatment 

of bacterial enteritis caused 

by Escherichia coli and Salmonella choleraesuis and 

bacterial pneumonia caused 

by Pasteurella multocida susceptible to chlortetracycline.

Feed for not more than 14 

days; bacitracin methylene 

disalicylate provided by No. 

046573; chlortetracycline provided by Nos. 046573 and 

053389 in § 510.600(c) of this 

chapter.

046573

053389

Swine; for control of porcine 

proliferative enteropathies (ileitis) caused by Lawsonia 

intracellularis susceptible to 

chlortetracycline.

Feed for not more than 14 

days; chlortetracycline and 

BMD as provided by 046573 

in § 510.600(c) of this chapter.

046573

*******

* * * * *

Dated: September 2, 2004.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 04–21560 Filed 9–24–04; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF THE TREASURY

Internal Revenue Service 

26 CFR Part 31 

[TD 7374] 

Amendment of Employment Tax 

Regulations and Regulations on 

Procedure and Administration; 

Correction

AGENCY: Internal Revenue Service (IRS), 

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document contains 

corrections to (TD 7374) which was 

published in the Federal Register on 

Thursday, July 24, 1975 (40 FR 30946) 

relating to Federal Insurance 

Contribution Act taxes (FICA).

DATES: This correction is effective July 

24, 1975.

FOR FURTHER INFORMATION CONTACT:

Warren Joseph at (202) 622–4920 (not a 

toll-free number).

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations (TD 7374) that 

are the subject of this correction is 

under section 6413(c) of the Internal 

Revenue Code. 

Need for Correction 

As published, TD 7374, contains an 

error that may prove to be misleading 

and is in need of clarification.

List of Subjects in 26 CFR Part 31 

Employment taxes, Income taxes, 

Penalties, Pensions, Railroad retirement, 

Reporting and recordkeeping 

requirements, Social Security, 

Unemployment compensation.

Correction of Publication

■ Accordingly, 26 CFR Part 31 is 

corrected by making the following 

correcting amendment:

PART 31—EMPLOYMENT TAXES AND 

COLLECTION OF INCOME TAX AT 

SOURCE

■ Paragraph 1. The authority citation for 

part 31 continues to read in part as 

follows:

Authority: 26 U.S.C. 7805 * * *

§ 31.6413(c)–1 [Corrected]

■ Par. 2. Section 31.6413(c)–1(a)(1)(i) is 

amended by removing the language 

‘‘§ 1.21–2’’ and adding the language 

‘‘§ 1.31–2’’ in its place.

Cynthia E. Grigsby, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedures and 

Administration).

[FR Doc. 04–21613 Filed 9–24–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF JUSTICE

Office of the Attorney General 

28 CFR Part 0

[A.G. Order No. 2735–2004] 

Technical Revision of Regulation 

Delegating Waiver Authority for Claims 

Involving Employee Overpayment Debt

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This rule makes technical 

changes to the Department of Justice 

organizational regulations to delete 

unnecessary and obsolete references to 

legal authorities.

DATES: This rule is effective September 

27, 2004.

FOR FURTHER INFORMATION CONTACT:

Stuart Frisch, General Counsel, or 

Morton J. Posner, Attorney-Advisor, 

Justice Management Division, U.S. 

Department of Justice, 1331 

Pennsylvania Avenue, NW., Suite 520 

North, Washington, DC 20530;

57640 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 

Telephone: (202) 514–3452; fax: (202) 

514–4317.

SUPPLEMENTARY INFORMATION: This rule 

makes two technical changes to the 

Department of Justice’s regulation 

concerning waiver of claims for 

erroneous payments of pay and 

allowances to its employees. The 

regulation to be modified currently 

delegates waiver authority under 5 

U.S.C. 5584, ‘‘as amended by Public 

Law 92–453.’’ Section 5584 has been 

amended several times since. The 

reference to Public Law 92–453 is 

outdated and is deleted. In addition, the 

current regulation directs application of 

‘‘standards prescribed by the 

Comptroller General’’ for the waiver of 

claims. These standards are now 

obsolete and are therefore deleted. 

Administrative Procedure Act 

This rule relates to a matter of agency 

management or personnel and, 

therefore, is exempt from the usual 

requirements of prior notice and 

comment and a 30-day delay in effective 

date. See 5 U.S.C. 553(a)(2). 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act, 5 

U.S.C. 605(b), has reviewed this rule 

and, by approving it, certifies that it will 

not have a significant economic impact 

on a substantial number of small entities 

because it pertains to personnel and 

administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis was not required to 

be prepared for this final rule because 

the Department was not required to 

publish a general notice of proposed 

rulemaking for this matter.

Executive Order 12866

This rule has been drafted and 

reviewed in accordance with Executive 

Order 12866, Regulatory Planning and 

Review, section 1(b), Principles of 

Regulation. This rule is limited to 

agency organization, management, and 

personnel as described by Executive 

Order 12866 section (3)(d)(3) and, 

therefore, is not a ‘‘regulation’’ or ‘‘rule’’

as defined by that Executive Order. 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget. 

Executive Order 13132

This rule 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. Therefore, in 

accordance with Executive Order 13132, 

Federalism, the Department has 

determined that this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Executive Order 12988

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform. 

Unfunded Mandates Reform Act of 1995

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1501 et seq.

Small Business Regulatory Enforcement 

Fairness Act of 1996

This rule is not a major rule as 

defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

rule will not result in an annual effect 

on the economy of $100 million or 

more; a major increase in costs or prices; 

or significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 

of United States-based enterprises to 

compete with foreign-based enterprises 

in domestic and export markets. 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties. Accordingly, it is not a 

‘‘rule’’ for purposes of the reporting 

requirement of 5 U.S.C. 801. 

Congressional Review Act 

The Department has determined that 

this action pertains to agency 

management or personnel and, 

accordingly, is not a ‘‘rule’’ as that term 

is used by the Congressional Review Act 

(Subtitle E of the Small Business 

Regulatory Enforcement Fairness Act of 

1996). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply.

List of Subjects in 28 CFR Part 0

Authority delegations (government 

agencies), Government employees, 

Organization and functions (government 

agencies).

■ Accordingly, by virtue of the authority 

vested in me as Attorney General, 

including 5 U.S.C. 301 and 5584, and 28 

U.S.C. 509 and 510, Subpart X of Part 0, 

Title 28 of the Code of Federal 

Regulations is amended as follows:

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE

■ 1. The authority for part 0 continues to 

read as follows:

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519.

§ 0.155 [Amended]

■ 2. In § 0.155, delete the phrase ‘‘, as 

amended by Public Law 92–453,’’ and 

delete the phrase ‘‘in accordance with 

the standards prescribed by the 

Comptroller General in 4 CFR parts 91 

through 93’’.

Dated: September 21, 2004. 

John Ashcroft, 

Attorney General.

[FR Doc. 04–21604 Filed 9–24–04; 8:45 am] 

BILLING CODE 4410–CS–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 935

[OH–248–FOR] 

Ohio Regulatory Program

AGENCY: Office of Surface Mining 

Reclamation and Enforcement (OSM), 

Interior.

ACTION: Final rule; approval of 

amendment. 

SUMMARY: We are approving an 

amendment to the Ohio surface coal 

mining regulatory program (the Ohio 

program) under the Surface Mining 

Control and Reclamation Act of 1977 

(SMCRA or the Act). The amendment 

we are approving revises the Ohio 

program to reflect changes promulgated 

by the U.S. Environmental Protection 

Agency (EPA) related to coal remining 

operations. The amendment is intended 

to revise the Ohio program to be 

consistent with the corresponding 

Federal regulations.

DATES: Effective September 27, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

George Rieger, Chief, Pittsburgh Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 

Appalachian Regional Coordinating 

Center, 3 Parkway Center, Pittsburgh, 

Pennsylvania 15220, Telephone (412) 

937–2153. E-mail: grieger@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program 

II. Submission of the Amendment 

III. OSM’s Findings