Unknown. Direct final rule

3,578 words·~16 min read·/register/2001/12/26/01-31574

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2001-12-26.xml --- 66 247 Wednesday, December 26, 2001 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Services Research Initial Review Group Committee, 66417 01-31617 Agriculture Agriculture Department See Farm Service Agency See Forest Service See Natural Resources Conservation Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Submission for OMB review; comment request, 66392-66395 01-31548 Coast Guard Coast Guard PROPOSED RULES Ports and waterways safety:

Kennebec River, Bath, Maine; Bath Iron Works; safety zone, 66380-66381 01-31658 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Contract market proposals: Merchants Exchange— Cash-settled energy futures, 66404-66405 01-31547 Copyright Copyright Office, Library of Congress NOTICES Cable royalty funds: Phase II distribution of 1993-1997 funds, 66433-66455 01-31607 Education Education Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-31608 66405-66407 01-31609 01-31610 01-31611 Grants and cooperative agreements; availability, etc.: Strengthening Institutions Program et al., 66407-66409 01-31654 Employment Employment and Training Administration NOTICES Adjustment assistance: Blue Mountain Products, 66429 01-31624 Cleveland Caroknit, 66429 01-31632 Eagle Knitting Mills, Inc., 66429-66430 01-31631 Elizabeth Webbing, Inc., 66430 01-31623 Glenshaw Glass Co., Inc., 66430 01-31620 Kentucky Electric Steel, 66430 01-31628 Steag Hamatech, Inc., 66430-66431 01-31622 Trico Steel Co., 66431 01-31621 Adjustment assistance and NAFTA transitional adjustment assistance:

Bethlehem Steel Corp. et al., 66425-66427 01-31625 Budd Co., 66427-66428 01-31619 Unico et al., 66428-66429 01-31634 NAFTA transitional adjustment assistance: Besser Lithibar, 66431-66432 01-31626 Collis, Inc., 66432 01-31629 Dnkyo America et al., 66432-66433 01-31633 Fashion Works, Inc., 66433 01-31630 Tyco Electronics, 66433 01-31627 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air programs; State authority delegations:

District of Columbia, 66321-66325 01-31485 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Louisiana, 66317-66321 01-31483 Hazardous waste program authorizations: Kentucky, 66340-66342 01-31487 Tennessee, 66342-66346 01-31489 Pesticides; tolerances in food, animal feeds, and raw agricultural Halosulfuron-methyl, 66333-66340 01-31639 Imazapic, 66325-66333 01-31493 PROPOSED RULES Air programs; State authority delegations:

District of Columbia, 66381-66382 01-31486 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Louisiana, 66382 01-31484 Hazardous waste program authorizations: Kentucky, 66383 01-31488 Tennessee, 66382-66383 01-31490 Executive Executive Office of the President See Management and Budget Office See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency NOTICES Agency information collection activities:

Proposed collection; comment request, 66395 01-31601 FAA Federal Aviation Administration RULES Airworthiness directives: McDonnell Douglas, 66296-66307 01-31550 01-31551 01-31552 01-31553 Rolls-Royce Corp.; correction, 66296 01-31327 PROPOSED RULES Airworthiness directives: Boeing, 66360-66362 01-31558 FCC Federal Communications Commission RULES Radio stations; table of assignments: California, 66346 01-31562 PROPOSED RULES Digital television stations; table of assignments: South Carolina, 66383-66384 01-31560 Radio stations; table of assignments:

Texas, 66384 01-31561 NOTICES Meetings: North American Numbering Council, 66415 01-31580 Federal Emergency Federal Emergency Management Agency NOTICES Grants and cooperative agreements; availability, etc.: Pre-Disaster Mitigation Program, 66415-66416 01-31635 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Pittsfield Generating Co., L.P., et al., 66411-66413 01-31590 Environmental statements; availability, etc.: Cocheco Falls Associates, 66413 01-31596 Hydroelectric applications, 01-31593 01-31594 66414-66415 01-31595 Reports and guidance documents; availability, etc.:

Better stakeholder involvement in interstate natural gas pipeline planning pre-filing process; staff report, 66415 01-31599 *Applications, hearings, determinations, etc.:* Great Lakes Gas Transmission L.P., 66409-66410 01-31598 Llano Estacado Wind, LP, 66410 01-31591 PPL Montana, LLC, et al., 66411 01-31597 Symbiotics, LLC., 66411 01-31592 Federal Railroad Federal Railroad Administration RULES Rail equipment accidents/incidents reporting: Monetary threshold adjustment, 66346-66348 01-31521 Federal Reserve Federal Reserve System RULES Home mortgage disclosure (Regulation C):

Depository institutions; asset-size exemption threshold adjustment, 66295 01-31563 NOTICES Federal Open Market Committee: Domestic policy directives, 66416-66417 01-31606 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Flat-tailed horned lizard, 66384-66385 01-31734 Food Food and Drug Administration NOTICES Food for human consumption: U.S. Health and Human Services and Agriculture Departments and United Mexican States Secretariats of Health and Agriculture et al.— Cooperative activities to enhance food safety, 66418-66423 01-31576 Meetings:

Medical Devices Advisory Committee, 66423-66424 01-31578 Forest Forest Service NOTICES Meetings: North Gifford Pinchot National Forest Resource Advisory Committee, 66395 01-31583 Okanogan and Wenatchee National Forests Resource Advisory Committee, 01-31581 66396 01-31582 South Gifford Pinchot National Forest Resource Advisory Committee, 66396 01-31584 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration NOTICES Scientific misconduct findings; administrative actions:

Valentin, Vilma, 66417 01-31579 Interior Interior Department See Fish and Wildlife Service See National Indian Gaming Commission See Surface Mining Reclamation and Enforcement Office NOTICES Meetings: Delaware and Lehigh National Heritage Corridor Commission, 66424 01-31585 IRS Internal Revenue Service RULES Income taxes: New markets tax credit, 66307-66314 01-31528 PROPOSED RULES Income taxes: Credit for increasing research activities, 66362-66375 01-31007 New markets tax credit; cross-reference, 66376-66377 01-31529 NOTICES Agency information collection activities:

Proposed collection; comment request, 66497 01-31651 Meetings: Special Enrollment Examination Advisory Committee, 66498 01-31652 International International Trade Administration NOTICES Antidumping: Ferrovanadium from— China and South Africa, 66398-66402 01-31643 Oil country tubular goods, other than drill pipe, from— Korea, 66402-66403 01-31642 Stainless steel wire rod from— Taiwan, 66403 01-31641 International International Trade Commission NOTICES Import investigations: Garage door operators, including components, 66424-66425 01-31600 Organizer racks and products containing same, 66425 01-31559 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings:

Actuarial Examinations Advisory Committee, 66392 01-31653 Labor Labor Department See Employment and Training Administration Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office NOTICES Hospital and medical care and treatment furnished by United States, costs; rates regarding recovery from tortiously liable third persons (Circular A-25), 66477-66485 01-31663 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers:

ADAMANT, 66493-66494 01-31638 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 66455-66461 01-31587 National Credit National Credit Union Administration PROPOSED RULES Semi-annual agenda Correction, 66359 01-31571 National Indian National Indian Gaming Commission PROPOSED RULES Management contract provisions: Minimum internal control standards, 66499-66546 01-30788 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 66348-66358 01-31637 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands and Gulf of Alaska groundfish, 66390-66391 01-31659 Atlantic highly migratory species— Recreational landings monitoring, 66386-66390 01-31662 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 66403-66404 01-31660 01-31661 National Science National Science Foundation NOTICES Meetings:

DOE/NSF Nuclear Science Advisory Committee, 66461 01-31640 NRCS Natural Resources Conservation Service NOTICES Meetings: Agricultural Air Quality Task Force, 66396-66397 01-31381 Nuclear Nuclear Regulatory Commission NOTICES Operating licenses, amendments; no significant hazards considerations; biweekly notices, 66461-66477 01-31473 Office Office of Management and Budget See Management and Budget Office Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents PROCLAMATIONS Trade:

Harmonized Tariff Schedule; modification under the North American Free Trade Agreement (Proc. 7515), 66547-66704 01-31522 Public Public Health Service See Agency for Healthcare Research and Quality See Food and Drug Administration Research Research and Special Programs Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 66494-66496 01-31656 01-31657 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities: Proposed collection; comment request, 66397-66398 01-31618 RUS Rural Utilities Service RULES Electric loans:

Insured and guaranteed loans; general and pre-loan policies and procedures— Treasury rate direct loan program, 66293-66295 01-31574 PROPOSED RULES Electric loans: Insured and guaranteed loans; general and pre-loan policies and procedures— Treasury rate direct loan program, 66359 01-31575 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 66485-66489 01-31564 National Association of Securities Dealers, Inc., 66489-66491 01-31565 New York Stock Exchange, Inc.; correction, 66491 01-31566 SBA Small Business Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 66491 01-31649 Disaster loan areas: Wyoming, 66491 01-31648 Meetings; district and regional advisory councils: Florida, 66491-66492 01-31650 State State Department NOTICES Foreign terrorist organizations; designation: Jaish e-Mohammed and Lashkar e-Tayyiba, 66492 01-31588 Meetings: Shipping Coordinating Committee, 66492 01-31603 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions:

Kentucky, 66314-66317 01-31535 PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Louisiana, 66377-66379 01-31615 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: North Coast Railroad Authority, 66496 01-31644 Railroad services abandonment: Norfolk Southern Railway Co., 66496-66497 01-31645 Trade Trade Representative, Office of United States NOTICES Intellectual property rights, countries denying; identification:

Canada, 66492-66493 01-31605 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Interior Department, National Indian Gaming Commission, 66499-66546 01-30788 Part III Executive Office of the President, Presidential Documents, 66547-66704 01-31522 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. 66 247 Wednesday, December 26, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1710 RIN 0572-AB71 Treasury Rate Direct Loan Program AGENCY: Rural Utilities Service, USDA. ACTION: Direct final rule.

SUMMARY: In fiscal year 2001, Congress provided funding to establish a Treasury rate direct loan program to address the backlog of qualified loan applications for insured municipal rate electric loans from RUS. RUS administered the Treasury rate loan program in a manner substantially the same as it administered the municipal rate program under a Notice of Funding Availability

(NOFA)published in the **Federal Register** at 65 FR 80830 on December 22, 2000. Title III of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 authorizes a direct Treasury rate electric loan program of $750 million for FY 2002. RUS is amending its regulations to establish rules and regulations to administer the Treasury rate direct loan program. DATES: This rule is effective February 11, 2002 unless we receive written adverse comments or written notice of intent to submit adverse comments on or before January 25, 2002. If we receive such comments or notice, we will publish a timely document in the **Federal Register** withdrawing the direct final rule. Comments received will be considered under the proposed rule published in this edition of the **Federal Register** in the proposed rule section. A second public comment period will not be held. Parties interested in commenting on this action should do so at this time. ADDRESSES: Submit adverse comments or notice of intent to submit adverse comments to F. Lamont Heppe, Jr., Director, Program Development and Regulatory Analysis, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Ave., SW., STOP 1522, Washington, DC 20250-1522. RUS suggests a signed original and three copies of all comments (7 CFR 1700.4). All comments received will be made available for public inspection at room 4030, South Building, Washington, DC, between 8 a.m. and 4 p.m. (7 CFR 1.27(b)). FOR FURTHER INFORMATION CONTACT: Robert O. Ellinger, Chief, Policy Analysis and Loan Management Staff, U.S. Department of Agriculture, Rural Utilities Service, Electric Program, Room 4041 South Building, Stop 1560, 1400 Independence Ave., SW., Washington, DC 20250-1560, Telephone:

(202)720-0424, FAX

(202)690-0717, E-mail: *rellinge@rus.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988, Civil Justice Reform. RUS has determined that this rule meets the applicable standards provided in section 3 of the Executive Order. In addition, all State and local laws and regulations that are in conflict with this rule will be preempted; no retroactive effect will be given to this rule; and, in accordance with section 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. sec. 6912(e)) administrative appeals procedures, if any are required, must be exhausted before an action against the Department or its agencies may be initiated. Regulatory Flexibility Act Certification The Administrator of RUS has determined that this rule will not have a significant economic impact on a substantial number of small entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The RUS electric program provides loans and loan guarantees to borrowers at interest rates and on terms that are more favorable than those generally available from the private sector. RUS borrowers, as a result of obtaining federal financing, receive economic benefits that exceed any direct economic costs associated with complying with RUS regulations and requirements. Information and Recordkeeping Requirements The reporting and recordkeeping requirements contained in this rule are currently approved by the Office of Management and Budget

(OMB)pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35) under control number 0572-0032. Unfunded Mandates This rule contains no Federal mandates (under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995) for State, local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act of 1995. National Environmental Policy Act Certification The Administrator of RUS has determined that this rule will not significantly affect the quality of human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Therefore, this action does not require an environmental impact statement or assessment. Catalog of Federal Domestic Assistance The program described by this rule is listed in the Catalog of Federal Domestic Assistance Programs under number 10.850, Rural Electrification Loans and Loan Guarantees. This catalog is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9325, telephone number

(202)512-1800. Executive Order 12372 This rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require consultation with State and local officials. See the final rule related notice entitled “Department Programs and Activities Excluded From Executive Order 12372,” (50 FR 47034) advising that RUS loans and loan guarantees are not covered by Executive Order 12372. Background Title III of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Pub. L. 106-387) authorized a direct Treasury rate electric loan program of $500 million for FY 2001. On December 22, 2000, a Notice of Funding Availability

(NOFA)was published in the **Federal Register** at 65 FR 80830 announcing the availability of $500 million in direct Treasury rate electric loans for fiscal year

(FY)2001. The document described the eligibility and submission requirements, the criteria to be used by the RUS to select applications for funding, and the expectation that the current backlog of qualifying applications for loans from RUS under the Rural Electrification Act would exhaust all of the available funding. With the primary distinction between the established municipal rate electric loan program and the Treasury rate electric loan program merely one of interest setting methodologies, qualifying applications for municipal rate electric loans which were submitted to RUS in accordance with 7 CFR part 1710, subpart I, before October 28, 2000, were treated as pre-applications for Treasury rate electric loans. RUS contacted qualified applicants in the order which they were queued, and offered the applicant the opportunity to elect to receive its loan at the Treasury rate in lieu of the municipal rate. RUS administered the direct Treasury rate program during FY 2001 in a manner substantially the same as it administered the municipal rate program. General, pre-loan, and post-loan policies and procedures for electric loans made by RUS may be found in 7 CFR parts 1710, 1714, and 1717. It is expected that the continued use of established and highly effective electric loan program procedures will enable RUS to continue to make prudent loans to qualified applicants. These procedures are familiar to both RUS staff and to the applicants and worked well for the Treasury rate loan program. Continuing this approach helps assure that the funds authorized by Congress are expended in a timely and efficient manner as Congress intended. RUS considered using another NOFA for FY 2002 but has decided that the continuation of this program for the second year makes rulemaking appropriate at this time. Section 4 of the Rural Electrification Act of 1936 (RE Act) (7 U.S.C. 904), among other things, provides RUS with the authority to make loans for rural electrification and for the purpose of furnishing and improving electric service in rural areas. Title III of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (Pub. L. 107-76) authorizes a direct Treasury rate electric loan program of $750 million for FY 2002. Congress provided funding for continuation of the Treasury rate direct loan program in an effort to meet current and projected demand for capital to furnish and improve electric service in rural areas. RUS is amending its regulations to establish rules and regulations for use in administering the Treasury rate direct loan program. List of Subjects in 7 CFR Part 1710 Electric power, Electric utilities, Loan programs-energy, Reporting and recordkeeping requirements, Rural areas. For the reasons set forth in the preamble, RUS amends 7 CFR Chapter XVII as follows: PART 1710—GENERAL AND PRE-LOAN POLICIES AND PROCEDURES COMMON TO ELECTRIC LOANS AND GUARANTEES 1. The authority citation for this part 1710 continues to read as follows: Authority: 7 U.S.C. 901 *et seq.* , 1921 *et seq.* , 6941 *et seq.* 2. The subject heading for part 1710 is revised to read as set out above. Subpart B—Types of Loans and Loan Guarantees 3. Redesignate § 1710.51 as § 1710.52 and add a new § 1710.51 to read as follows: § 1710.51 Direct loans. RUS makes direct loans under section 4 of the RE Act.

(a)*General.* Except as otherwise modified by this section, RUS will make loans under the direct Treasury rate loan program in the same manner that it makes loans under the municipal rate program. The general and pre-loan policies and procedures for municipal rate electric loans made by RUS may be found in this part and 7 CFR part 1714. Treasury rate electric loans are also governed by such municipal rate policies and procedures, except as follows:

(1)*Interest rates.* The standard interest rate on direct Treasury rate loans will be established daily by the United States Treasury. The borrower will select interest rate terms for each advance of funds. The minimum interest rate term shall be one year. Interest rate terms will be limited to terms published by the Treasury (i.e. 1, 2, 3, 5, 7, 10, 20, and 30). Interest rate terms to final maturity date, if other than published by Treasury, will be determined by RUS. Interest rates for terms greater than 30 years will be at the 30-year rate. There will be no interest rate cap on Treasury rate loans.

(2)*Prepayment.* A Treasury rate direct electric loan may be repaid at par on its rollover maturity date if there is one. Such a loan, or portion thereof, may also be prepaid after it has been advanced for not less than two years, at any time prior to its rollover or final maturity date at its “net present value”

(NPV)as determined by RUS.

(3)*Supplemental financing.* Supplemental financing will not be required in connection with Treasury rate direct electric loans.

(4)*Transitional assistance.* A Treasury rate direct loan is not available to provide transitional assistance to borrowers.

(b)*Loan documents.* Successful applicants will be required to execute and deliver to RUS a promissory note evidencing the borrower's obligation to repay the loan. The note must be in form and substance satisfactory to RUS. RUS will require a form of note substantially in the form that it currently accepts for direct municipal rate electric loans, with such revisions as may be necessary or appropriate to reflect the different interest setting provisions and the terms of paragraphs

(1)and

(2)of this section. All notes will be secured in accordance with the terms of 7 CFR part 1718. Subpart C—Loan Proposes and Basic Policies 4. In § 1710.102, redesignate paragraphs

(b)and

(c)as

(c)and

(d)and add a new paragraph

(b)to read as follows: § 1710.102 Borrower eligibility for different types of loans.

(b)*Direct loans under section 4.* Direct loans are normally reserved for the financing of distribution and subtransmission facilities of both distribution and power supply borrowers, including, under certain circumstances, the implementation of demand side management, energy conservation programs, and on grid and off grid renewable energy systems. Subpart I—Application Requirements and Procedures for Loans 5. The heading for Subpart I is revised to read as set out above. 6. Revise § 1710.401(a)(2)(i) to read as follows: § 1710.401 Loan application documents.

(a)* * *

(2)* * *

(i)The requested loan type, loan amount, loan term, final maturity and method of amortization (§ 1710.110(b)); Dated: December 18, 2001. Hilda Gay Legg, Administrator, Rural Utilities Service. [FR Doc. 01-31574 Filed 12-21-01; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

U.S. Code

7 references not yet in our index