Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 60545

2Consistent with Board practice, the nonexempt 

deposit cutoff level has been rounded to the nearest 

$0.1 million, while the reduced reporting limit has 

been rounded to the nearest $1 million.

deposits at all depository institutions 

over the one-year period that ends on 

the June 30 prior to the adjustment. 

Total deposits at all depository 

institutions increased by 6.7 percent 

(from $6,534.2 billion to $6,969.8 

billion) between June 30, 2003 and June 

30, 2004. Accordingly, the Board is 

adjusting the nonexempt deposit cutoff 

level upward by $8.6 million, from its 

current level of $161.2 million in 2004 

to $169.8 million in 2005. The Board is 

also adjusting the reduced reporting 

limit upward by $57 million, from its 

current level of $1.074 billion in 2004 

to $1.131 billion in 2005.2

Beginning in September 2005, the 

boundaries of the four deposit reporting 

categories will be defined as follows. 

Those depository institutions with net 

transaction accounts over $7.0 million 

(the reserve requirement exemption 

amount) or total deposits greater than or 

equal to $1.131 billion (the reduced 

reporting limit) are subject to detailed 

reporting, and must file an FR 2900 

report either weekly or quarterly. Of this 

group, those with total deposits greater 

than or equal to $169.8 million (the 

nonexempt deposit cutoff level) are 

required to file the FR 2900 report each 

week, while those with total deposits 

less than $169.8 million are required to 

file the FR 2900 report each quarter. 

Those depository institutions with net 

transaction accounts less than or equal 

to $7.0 million (the reserve requirement 

exemption amount) and with total 

deposits less than $1.131 billion (the 

reduced reporting limit) are eligible for 

reduced reporting, and must either file 

a deposit report annually or not at all. 

Of this group, those with total deposits 

greater than $7.0 million (but less than 

$1.131 billion) are required to file the 

FR 2910a report annually, while those 

with total deposits less than or equal to 

$7.0 million are not required to file a 

deposit report. A depository institution 

that manipulates its reporting, however, 

in an attempt to qualify for less frequent 

reporting or to reduce its reserve 

requirement may be required to report 

the FR 2900 on a weekly basis and 

maintain appropriate reserve balances 

with its Reserve Bank, regardless of its 

most recent panel assignment. 

Notice and Regulatory Flexibility Act. 

The provisions of 5 U.S.C. 553(b) 

relating to notice of proposed 

rulemaking have not been followed in 

connection with the adoption of these 

amendments. The amendments involve 

expected, ministerial adjustments 

prescribed by statute and by the Board’s 

policy concerning reporting practices. 

The increases in the reserve requirement 

exemption amount, the low reserve 

tranche, the nonexempt deposit cutoff 

level, and the reduced reporting limit 

serve to reduce regulatory burdens on 

depository institutions. Accordingly, the 

Board finds good cause for determining, 

and so determines, that notice in 

accordance with 5 U.S.C. 553(b) is 

unnecessary. Consequently, the 

provisions of the Regulatory Flexibility 

Act, 5 U.S.C. 601, do not apply to these 

amendments.

List of Subjects in 12 CFR Part 204 

Banks, banking, Reporting and 

recordkeeping requirements.

■ For the reasons set forth in the 

preamble, the Board is amending 12 CFR 

part 204 as follows:

PART 204—RESERVE 

REQUIREMENTS OF DEPOSITORY 

INSTITUTIONS (REGULATION D)

■ 1. The authority citation for part 204 

continues to read as follows:

Authority: 12 U.S.C. 248(a), 248(c), 371a, 

461, 601, 611, and 3105.

■ 2. Section 204.9 is revised to read as 

follows:

§ 204.9 Reserve requirement ratios. 

The following reserve requirement 

ratios are prescribed for all depository 

institutions, banking Edge and 

agreement corporations, and United 

States branches and agencies of foreign 

banks:

Category Reserve requirement 

Net transaction accounts: 

$0 to $7.0 million ............................................................................... 0 percent of amount. 

Over $7.0 million and up to $47.6 million ......................................... 3 percent of amount. 

Over $47.6 million .............................................................................. $1,218,000 plus 10 percent of amount over $47.6 million. 

Nonpersonal time deposits ....................................................................... 0 percent. 

Eurocurrency liabilities .............................................................................. 0 percent. 

By order of the Board of Governors of the 

Federal Reserve System.

October 5, 2004. 

Jennifer J. Johnson, 

Secretary of the Board.

[FR Doc. 04–22772 Filed 10–8–04; 8:45 a.m.] 

BILLING CODE 6210–01–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

15 CFR Parts 730, 734, 746, 770, 772 

and 774 

[Docket No. 040920270–4270–01] 

RIN 0694–AD13 

Nomenclature Change: References to 

Another Agency

AGENCY: Bureau of Industry and 

Security, Commerce.

ACTION: Final rule; Nomenclature 

change. 

SUMMARY: The Export Administration 

Regulations (EAR) are amended to 

update certain references to the U.S. 

State Department’s Directorate of 

Defense Trade Controls. The EAR 

contain references to this agency under 

its current name and under its former 

name, the Office of Defense Trade 

Controls. This amendment will remove 

the possibility that a member of the 

public might think that two different 

offices are being referenced.

DATES: Effective October 12, 2004.

ADDRESSES: Although this is a final rule, 

comments are welcome and should be 

addressed to Timothy Mooney, Office of 

Exporter Services, Bureau of Industry 

and Security, Department of Commerce, 

P.O. Box 273, Washington, DC 20044, Emailed to: tmooney@bis.doc.gov, or 

faxed to 202–482–3355.

60546 Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT:

Timothy Mooney, Regulatory Policy 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–2440, Email: tmooney@bis.doc.gov.

SUPPLEMENTARY INFORMATION

Background 

This rule amends the Export 

Administration Regulations (EAR) to 

conform with a decision made by the 

Department of State, through an internal 

organizational order, to change the 

name of the Office of Defense Trade 

Controls to the ‘‘Directorate of Defense 

Trade Controls.’’ Consistent with this 

name change, this rule makes a number 

of changes in chapter VII, subchapter C 

of title 15 of the Code of Federal 

Regulations, the Export Administration 

Regulations (EAR). Specifically, this 

rule changes all references to the ‘‘Office 

of Defense Trade Controls’’ and ‘‘DTC’’, 

wherever they appear in chapter VII, 

subchapter C to the ‘‘Directorate of 

Defense Trade Controls’’ and ‘‘DDTC’’, 

respectively. In addition, this rule 

changes the appropriate definitions 

sections to conform to the new name of 

the office. 

Although the Export Administration 

Act expired on August 20, 2001, 

Executive Order 13222 of August 17, 

2001 (3 CFR, 2001 Comp., p. 783 

(2002)), as extended by the Notice of 

August 6, 2004, 69 FR 48763 (August 

10, 2004) continues the Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for purposes of E.O. 

12866. 

2. This rule does not impose 

information collection or recordkeeping 

requirements. Consequently, it need not 

be reviewed by the Office of 

Management and Budget under the 

provisions of the Paperwork Reduction 

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

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132.

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this rule 

involves a rule of agency organization, 

procedure, or practice. 5 U.S.C. 553(b). 

Further, no other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

5 U.S.C. or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) are not applicable.

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

15 CFR Parts 746 and 774 

Exports, Reporting and recordkeeping 

requirements. 

15 CFR Parts 770 and 772 

Exports.

■ For the reasons set forth in the 

preamble, 15 CFR chapter VII, 

subchapter C is amended as set forth 

below.

PART 730—[AMENDED]

■ 1. The authority citation for part 730 is 

revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 

287c; 22 U.S.C. 2151 note, Pub. L. 108–175; 

22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 

U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 

U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 

466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. 

106–387; Sec. 221, Pub. L. 107–56; E.O. 

11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 

114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 

Comp., p. 133; E.O. 12058, 43 FR 20947, 3 

CFR, 1978 Comp., p. 179; E.O. 12214, 45 FR 

29783, 3 CFR, 1980 Comp., p. 256; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 

Comp., p. 179; E.O. 12918, 59 FR 28205, 3 

CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 

59099, 3 CFR, 1994 Comp., p. 950; E.O. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 12981, 60 FR 62981, 3 CFR, 1995 

Comp., p. 419; E.O. 13020, 61 FR 54079, 3 

CFR, 1996 Comp. p. 219; E.O. 13026, 61 FR 

58767, 3 CFR, 1996 Comp., p. 228; E.O. 

13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 

208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; E.O. 13224, 66 FR 49079, 3 

CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 

26751, May 13, 2004; Notice of October 29, 

2003, 68 FR 62209, 3 CFR, 2003 Comp., p. 

347; Notice of August 6, 2004, 69 FR 48763 

(August 10, 2004).

■ 2. In Part 730, revise all references to 

the ‘‘Office of Defense Trade Controls’’ to 

read ‘‘Directorate of Defense Trade 

Controls’’; and revise all references to 

‘‘DTC’’ to read ‘‘DDTC’’.

PART 734—[AMENDED]

■ 3. The authority citation for part 734 is 

revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 

FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of October 29, 2003, 68 

FR 62209, 3 CFR, 2003 Comp., p. 347; Notice 

of August 6, 2004, 69 FR 48763 (August 10, 

2004).

■ 4. In Part 734, revise all references to 

the ‘‘Office of Defense Trade Controls’’ to 

read ‘‘Directorate of Defense Trade 

Controls’’; and revise all references to 

‘‘DTC’’ to read ‘‘DDTC’’.

PART 746—[AMENDED]

■ 5. The authority citation for part 746 is 

revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, 

Pub. L. 108–11,117 Stat. 559; 22 U.S.C. 6004; 

Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. 

L. 107–56; E.O. 12854, 58 FR 36587, 3 CFR 

1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 

3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 

CFR, 2001 Comp., p. 783; Presidential 

Determination 2003–23 of May 7, 2003, 68 

FR 26459, May 16, 2003; Notice of August 6, 

2004, 69 FR 48763 (August 10, 2004).

■ 6. In Part 746, revise all references to 

the ‘‘Office of Defense Trade Controls’’ to 

read ‘‘Directorate of Defense Trade 

Controls’’; and revise all references to 

‘‘DTC’’ to read ‘‘DDTC’’.

PART 770—[AMENDED]

■ 7. The authority citation for part 770 

continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

6, 2004, 69 FR 48763 (August 10, 2004).

■ 8. In Part 770, revise all references to 

the ‘‘’’Office of Defense Trade Controls’’

to read ‘‘Directorate of Defense Trade 

Controls’’; and revise all references to 

‘‘DTC’’ to read ‘‘DDTC’’.

PART 772—[AMENDED]

■ 9. The authority citation for part 772 is 

revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

6, 2004, 69 FR 48763 (August 10, 2004).

■ 10. In § 772.1, remove the definition of 

‘‘Defense Trade Control (DTC)’’ and add 

in alphabetical order the definition of 

‘‘Directorate of Defense Trade Controls’’, 

as set forth below.

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR).

* * * * *

Federal Register / Vol. 69, No. 196 / Tuesday, October 12, 2004 / Rules and Regulations 60547

Directorate of Defense Trade Controls 

(DDTC). The office at the Department of 

State, formerly known as the Office of 

Defense Trade Controls and before that 

as the Office of Munitions Control, 

responsible for reviewing applications 

to export and reexport items on the U.S. 

Munitions List. (See 22 CFR parts 120 

through 130.)

* * * * *

PART 774—[AMENDED]

■ 11. The authority citation for part 774 

continues to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 

287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 

30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 

U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 

466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. 

106–387; Sec. 221, Pub. L. 107–56; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 6, 2004, 69 

FR 48763 (August 10, 2004).

■ 12. In Supplement No. 1 to Part 774, 

revise all references to the ‘‘Office of 

Defense Trade Controls’’ to read 

‘‘Directorate of Defense Trade Controls’’; 

revise all references to ‘‘Directorate of 

Defense Trade Control’’ to read 

‘‘Directorate of Defense Trade Controls’’; 

and revise all references to ‘‘DTC’’ to 

read ‘‘DDTC’’.

Dated: October 4, 2004. 

Peter Lichtenbaum, 

Assistant Secretary for Export 

Administration.

[FR Doc. 04–22861 Filed 10–8–04; 8:45 am] 

BILLING CODE 3510–33–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 520 and 558 

New Animal Drugs; Change of 

Sponsor; Sulfaquinoxaline

AGENCY: Food and Drug Administration, 

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor for an approved new 

animal drug application (NADA) from 

Hess & Clark, Inc., to Phoenix Scientific, 

Inc.

DATES: This rule is effective October 12, 

2004.

FOR FURTHER INFORMATION CONTACT:

David R. Newkirk, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 301–827–6967, email: david.newkirk@fda.gov.

SUPPLEMENTARY INFORMATION: Hess & 

Clark, Inc., 944 Nandino Blvd., 

Lexington, KY 40511, has informed FDA 

that it has transferred ownership of , 

and all rights and interest in, the 

following three approved NADAs, to 

Phoenix Scientific, Inc., 3915 South 

48th Street Ter., St. Joseph, MO 64503:

NADA 

Number Trade Name 

6–391 S.Q. (sulfaquinoxaline) 40% 

Medicated Feed 

6–677 S.Q. (sulfaquinoxaline) 20% Solution 

7–087 Sulfaquinoxaline Solubilized 

Accordingly, the agency is amending 

the regulations in 21 CFR 520.2325a and 

558.586 to reflect the transfer of 

ownership and a current format. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808.

List of Subjects 

21 CFR Part 520 

Animal drugs. 

21 CFR Part 558 

Animal drugs, Animal feeds.

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to the 

Center for Veterinary Medicine, 21 CFR 

parts 520 and 558 are amended as 

follows:

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows:

Authority: 21 U.S.C. 360b.

§ 520.2325a [Amended]

■ 2. Section 520.2325a is amended in 

paragraph (a)(1) by removing ‘‘050749’’

and by adding in its place ‘‘059130’’.

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS

■ 3. The authority citation for 21 CFR 

part 558 continues to read as follows:

Authority: 21 U.S.C. 360b, 371.

■ 4. Section 558.586 is amended by 

revising the section heading; by 

removing paragraphs (c) and (d); by 

redesignating paragraphs (e) and (f) as 

paragraphs (c) and (d); and by revising 

paragraph (a) and adding paragraph (b) to 

read as follows:

§ 558.586 Sulfaquinoxaline. 

(a) Specifications. Type A medicated 

articles containing 40 percent 

sulfaquinoxaline. 

(b) Approvals. See No. 059130 in 

§ 510.600(c) of this chapter.

* * * * *

Dated: September 27, 2004. 

Steven D. Vaughn, 

Director, Office of New Animal Drug 

Evaluation, Center for Veterinary Medicine.

[FR Doc. 04–22760 Filed 10–8–04; 8:45 am] 

BILLING CODE 4160–01–S

DEPARTMENT OF DEFENSE

Office of the Secretary 

32 CFR Part 199 

RIN 0720–AA89 

TRICARE; Changes Included in the 

National Defense Authorization Act for 

Fiscal Year 2002, (NDAA–02), and a 

Technical Correction Included in the 

NDAA–03

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

SUMMARY: This rule makes several 

changes to the TRICARE program 

authorized by Congress in the NDAA–

02. Specifically, revisions to the 

definition of durable medical equipment 

(DME); adoption of the same pricing 

methods for durable medical 

equipment, prosthetics, orthotics and 

supplies (DMEPOS) as are in effect for 

the Centers for Medicare & Medicaid 

Services (CMS); clarification that 

rehabilitative therapy is a TRICARE 

benefit; addition of augmentative 

communication devices (ACD)/speech 

generating devices (SGDs) as a TRICARE 

benefit; addition of hearing aids for 

family members of active duty members 

as a TRICARE Basic Program benefit; 

revisions to the definition of prosthetics; 

permanent authority for transitional 

health care for certain members 

separated from active duty; and 

revisions to the time period of eligibility 

for transitional health care. 

This final rule also addresses a 

technical correction found in section 

706 of the Bob Stump NDAA–03, 

relating to transitional health care for 

dependents of certain members 

separated from active duty.

DATES: This rule is effective December 

13, 2004. Actual implementation will 

coincide with the transition in each 

TRICARE Region to the next generation