Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-01-16.xml --- 67 11 Wednesday, January 16, 2002 Contents African African Development Foundation NOTICES Meetings; Sunshine Act, 2180 02-1281 Agriculture Agriculture Department See Commodity Credit Corporation Army Army Department See Engineers Corps Census Census Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 2186-2188 02-1033 02-1034 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request, 2216 02-1053 Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act: Systems of records, 2216-2222 02-1063 Coast Guard Coast Guard NOTICES Meetings: Marine transportation systems; security measures, standards, and responses to threats and acts of crime and terrorism; workshop, 2271-2272 02-1184 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration RULES Freedom of Information Act and Privacy Act; correction, 2135 02-1074 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-1032 2180-2186 02-1141 02-1142 Commodity Commodity Credit Corporation RULES Conservation Reserve Program: Good faith reliance and excessive rainfall, 2131-2132 02-1052 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 2199 02-1277 Defense Defense Department See Engineers Corps NOTICES Meetings: Science Board task forces, 2199 02-1051 Economic Economic Development Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 2189 02-1041 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 2201-2202 02-1061 Postsecondary education: Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs— Fiscal operations report and application to participate, 2202-2203 02-1096 Employment Employment and Training Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 2244-2245 02-1111 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 2245-2246 02-1110 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Arthur Kill Channel—Howland Hook Marine Terminal, NY and NJ, 2199 02-1148 Environmental statements; notice of intent: Asharoken, NY; hurricane and storm damage reduction project, 2199-2200 02-1147 Bayville, NY; hurricane and storm damage reduction project, 2200-2201 02-1146 Maricopa County, AZ;

Va Shly’ay Akimel Salt River Restoration Project, AZ; meeting, 2201 02-1149 EPA Environmental Protection Agency PROPOSED RULES Air pollutants, hazardous; national emission standards: Delegations’ provisions; clarifications, 2285-2315 02-188 Air pollution control; new motor vehicles and engines: Heavy-duty diesel engines and vehicles; 2004 and later model year emission standards; nonconformance penalties, 2159-2175 02-1109 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Nicotine, 2175-2179 02-628 NOTICES Pesticide programs: Organophosphates; risk assessments and public participation in risk management— Terbufos, 2209-2210 02-1121 Reports and guidance documents; availability, etc.: Pesticide chemicals having common toxicity mechanism; cumulative risk assessment, 2210-2214 02-959 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Eurocopter France, 2132-2134 02-1056 Class E airspace, 2134 02-1159 PROPOSED RULES Airworthiness directives:

Bell, 2146-2148 02-1057 MD Helicopters, Inc., 2145-2146 02-1058 Class D airspace, 2156-2157 02-1007 Class D and Class E airspace, 2152-2154 02-1008 Class E airspace, 2148-2152, 2154-2156 02-1009 02-1010 02-1011 02-1013 02-1014 02-1015 NOTICES Exemption petitions; summary and disposition, 2272-2274 02-1160 02-1161 02-1162 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Entergy Services, Inc., et al., 2207-2208 02-1062 Environmental statements; availability, etc.:

Commonwealth Power Co., 2208 02-1085 Hydroelectric applications, 2208-2209 02-1087 Meetings: Electricity market design and structure; conference, 2209 02-1075 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 2203-2204 02-1083 Dominion Transmission, Inc., 2204 02-1077 Eastern Shore Natural Gas Co., 2205 02-1084 East Tennessee Natural Gas Co., 02-1076 2204-2205 02-1080 Iroquois Gas Transmission System, L.P., 2205 02-1079 Maritimes & Northeast Pipeline L.L.C., 2205-2206 02-1082 Tacoma, WA, 2206 02-1086 Texas Eastern Transmission, LP, 2206-2207 02-1081 Wyoming Interstate Co., Ltd., 2207 02-1078 Federal Highway Federal Highway Administration NOTICES Grants and cooperative agreements; availability, etc.:

Congestion mitigation and air quality improvement program; high speed rail projects, 2278-2281 02-1164 Regional multi-modal 511 traveler information system; model deployment, 2274-2278 02-1163 Federal Railroad Federal Railroad Administration PROPOSED RULES U.S. rail operations; U.S. locational requirement for dispatching; hearing, 2179 02-1027 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 2214 02-1279 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.:

Congestion mitigation and air quality improvement program; high speed rail projects, 2278-2281 02-1164 Regional multi-modal 511 traveler information system; model deployment, 2274-2278 02-1163 Food Food and Drug Administration NOTICES Prescription drug user fee rates FY 2002, 2222-2226 02-1068 Reports and guidance documents; availability, etc.: Creutzfeldt-Jakob disease and variant; preventive measures to reduce possible risk of transmission by blood and blood products, 2226-2227 02-1026 GSA General Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 2214-2215 02-1107 Geological Geological Survey NOTICES Agency information collection activities: Submission for OMB review; comment request, 2234-2235 02-1071 Government Government Ethics Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 2215-2216 02-1144 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities:

Proposed collection; comment request, 2227-2228 02-1031 Grant and cooperative agreement awards: Housing Counseling Program, 2228-2234 02-1029 Interior Interior Department See Geological Survey See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 2283-2284 02-896 International International Trade Administration NOTICES Antidumping: Circular welded carbon-quality steel pipe from— China, 2189 02-1129 Large newspaper printing presses and components, assembled or unassembled, from— Germany, 2192-2194 02-1131 Japan, 2190-2192 02-1130 Stainless steel sheet and strip in coils from— Korea, 2194-2196 02-1128 *Applications, hearings, determinations, etc.:* Scripps Research Institute, 2196 02-1132 International International Trade Commission NOTICES Import investigations:

Ferrovanadium from— China and South Africa, 2236-2237 02-1124 Tools, dies, and industrial molds; competitive conditions in U.S. and selected foreign markets; hearing, 2237 02-1123 Justice Justice Department NOTICES Aliens; provision of aviation training to certain alien trainees, 2238-2239 02-1250 Pollution control; consent judgments: American Allied Additives, Inc., et al., 2239 02-1150 American Scrap Co.; republication, 2239-2240 02-1152 ATOFINA Chemicals, Inc., 2240 02-1113 Chevron Environmental Management Co. et al., 2240-2241 02-1114 Greenwich, CT, 2241 02-1115 Jacksonville, FL, et al., 2241-2242 02-1116 Knauf Fiber Glass GmbH; republication, 2242 02-1153 New Albany, IN; republication, 2242-2243 02-1154 Pemaco, Inc., et al., 2243 02-1117 S.W.

Chemical Co., Inc., 2243-2244 02-1118 Superfund program: Bankruptcy settlement agreements— American Allied Additives Site, OH, 2244 02-1151 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Oregon, 2235 02-984 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 2235-2236 02-1060 Mine Mine Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 2246-2247 02-1112 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Minority Business Resource Advisory Committee, 2247 02-1024 Patent licenses; non-exclusive, exclusive, or partially exclusive: Boundary Layer Research Inc., 2247 02-1021 Maecker & Co., 2247 02-1020 Phoenix Systems International, Inc., 2247-2248 02-1023 Williams Electrical Systems Co., 2248 02-1022 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 2196-2197 02-1143 Meetings: North Pacific Fishery Management Council, 2198 02-1134 Permits: Marine mammals, 2198-2199 02-1135 National Science National Science Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 2248-2249 02-1145 Submission for OMB review; comment request, 2249-2250 02-1025 Meetings; Sunshine Act, 2250 02-1185 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.:

Alaron Corp., 2250-2251 02-1090 BWX Technologies, Inc., 2251-2254 02-1089 *Applications, hearings, determinations, etc.:* Exelon Generation Co., LLC, 2250 02-1088 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Postal Postal Service RULES Board of Governors bylaws: Semipostal stamps; price establishment, 2135 02-1017 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration Railroad Railroad Retirement Board PROPOSED RULES Railroad Unemployment Insurance Act:

Employers’ contributions and contribution reports; filing via Internet, 2157-2159 02-1095 Research Research and Special Programs Administration RULES Pipeline safety: Hazardous liquid transportation— Pipeline integrity management in high consequence areas, 2136-2144 02-858 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 2254-2255 02-1098 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 2255-2256 02-1099 National Association of Securities Dealers, Inc., 2256-2263 02-1103 02-1105 New York Stock Exchange, Inc., 2263-2266 02-1100 02-1104 Pacific Exchange, Inc., 2266-2267 02-1101 Stock Clearing Corp. of Philadelphia, 2267-2269 02-1102 02-1106 SBA Small Business Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 2269 02-1133 Meetings: Regulatory Fairness Boards— Region IV; Public Roundtable, 2269 02-1045 Meetings; district and regional advisory councils: Minnesota, 2269-2270 02-1046 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 2281 02-766 Norfolk Southern Railway Co., 2281 02-968 Trade Trade Representative, Office of United States NOTICES Meetings: Industry Sector Advisory Committees— Small and Minority Business, 2270 02-1097 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Research and Special Programs Administration See Surface Transportation Board See Transportation Statistics Bureau NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 2270 02-1155 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 2270-2271 02-1156 Transportation Transportation Statistics Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 2281-2283 02-1157 02-1158 Treasury Treasury Department See Internal Revenue Service See United States Mint U.S. Mint United States Mint NOTICES Agency information collection activities:

Proposed collection; comment request, 2284 02-1072 Separate Parts In This Issue Part II Environmental Protection Agency, 2285-2315 02-188 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. 67 11 Wednesday, January 16, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 7 CFR Part 1410 RIN 0560-AG37 Conservation Reserve Program—Good Faith Reliance and Excessive Rainfall AGENCY:

Farm Service Agency and Commodity Credit Corporation, USDA. ACTION: Final rule. SUMMARY: This rule amends the Conservation Reserve Program

(CRP)regulations to provide, under certain conditions, for equitable relief to producers who violated their contract based on a good faith reliance on the action or advice of certain USDA representatives. It also provides that CRP contracts will not be terminated for failure to plant cover when that failure was due to excess rainfall or flooding. DATES: This regulation is effective January 16, 2002. FOR FURTHER INFORMATION CONTACT: Mr. James Michaels,

(202)720-8774, or via e-mail at: *crprule@wdc.usda.gov* or on the FSA web page at *http://www.fsa/usda/gov/. * SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule has been determined to be not significant and, therefore, was not reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this rule because the Commodity Credit Corporation

(CCC)is not required by 5 U.S.C. 553 or any other provision of law to publish a notice of proposed rulemaking with respect to the subject matter of this rule. Environmental Evaluation In accordance with 7 CFR part 799, an environmental assessment was conducted to determine whether the actions included in this final rule would significantly affect the quality of the human environment. A determination was made that the actions of this final rule would have no significant impact on the human environment and the preparation of an Environmental Impact Statement is not necessary. Executive Order 12988 This final rule has been reviewed in accordance with Executive Order 12988. This final rule is not retroactive and does not pre-empt State laws. Before any judicial action may be taken with respect to the provisions of the final rule, administrative remedies at 7 CFR parts 11 and 780 must be exhausted. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. See the notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115 (June 24, 1983). Unfunded Mandates Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their proposed and final rules with “Federal Mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or the private sector, of $100 million or more in any one year. This rule contains no Federal mandates under the regulatory provisions of Title II of the UMRA for State, local, and tribal government or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Federal Domestic Assistance Program The title and number of the Federal Domestic Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this rule applies, is the Conservation Reserve Program—10.069. Paperwork Reduction Act The Office of Management and Budget approved the information collection requirements contained in the current regulations at 7 CFR part 1410 under provisions of 44 U.S.C. chapter 33 and OMB control number 0560-0125 was assigned. This rule will have no impact on the burden approved under that control number. Discussion of Final Rule The purpose of the Conservation Reserve Program

(CRP)is to cost-effectively assist owners and operators in conserving and improving soil, water, and wildlife resources by converting highly erodible and other environmentally sensitive acreage normally devoted to the production of agricultural commodities to a long-term vegetative cover. CRP participants enter into contracts for 10 to 15 years in exchange for annual rental payments and cost-share assistance for installing certain conservation practices. In determining the amount of annual rental payments to be paid, CCC considers, among other things, the amount necessary to encourage owners or operators of eligible cropland to participate in the CRP. Offers are submitted in such a manner as the Secretary prescribes. Acreage is accepted into the CRP based on the eligibility requirements contained in 7 CFR part 1410. On March 15, 2001, the Agency published a proposed rule, at 66 FR 15048. First, the rule proposed to implement section 755 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (the 2001 Act) (Pub. L. 106-387). The comment period ended on May 14, 2001. This law requires the Secretary to provide equitable relief to someone who violates a CRP contract if they took actions in good faith reliance on the action or advice of an authorized representative of the Secretary. If the Secretary determines that a CRP participant has been injured by such good faith reliance, the Secretary may allow that person some relief from the contract breach, as long as action is taken to correct the violation, and subject to other limitations promulgated in this rule. The second change that CCC proposed allows the Secretary to not terminate a CRP contract for failure to establish approved vegetative cover or water cover if the failure to establish that cover was due to excessive rainfall or flooding. Conditions for this waiver were discussed in the proposed rule. This rule implements these two new statutory amendments by revising the CRP regulations contained in 7 CFR part 1410. These changes will help ensure that the CRP is implemented in a fair and reasonable manner, and that participants are not penalized unjustly. Summary of Comments CCC did not receive any comments from the public concerning the proposed rule. Three comments came from one individual who is an FSA employee in Kansas. These comments were of an administrative nature and can be addressed in internal agency procedure. Substantive Changes From the Proposed Rule There were no substantive changes compared to the proposed rule. List of Subjects in 7 CFR Part 1410 Conservation Reserve Program: administrative practices and procedures, agriculture, conservation plan, grazing lands, and natural resources. For reasons set out in the preamble, 7 CFR part 1410 is amended as follows: PART 1410—CONSERVATION RESERVE PROGRAM 1. The authority citation for 7 CFR part 1410 continues to reads as follows: Authority: 15 U.S.C. 714b and 714c; 16 U.S.C. 3801-3847. 2. In § 1410.2, the definition of “violation” is added to read as follows: § 1410.2 Definitions. *Violation* means an act by the participant, either intentional or unintentional, which would cause the participant to no longer be eligible for cost-share or annual contract payments. 3. Section 1410.20(a) is revised to read as follows: § 1410.20 Obligations of participant.

(a)* * * (a)(2) Implement the conservation plan, which is part of such contract, in accordance with the schedule of dates included in such conservation plan unless the Deputy Administrator determines that the participant cannot fully implement the conservation plan for reasons beyond the participant's control and CCC agrees to a modified plan. However, a contract will not be terminated for failure to establish an approved vegetative or water cover on the land if as determined by the Deputy Administrator:

(i)The failure to plant or establish such cover was due to excessive rainfall or flooding;

(ii)The land subject to the contract on which the participant could practicably plant or establish to such cover is planted or established to such cover; and

(iii)The land on which the participant was unable to plant or establish such cover is planted or established to such cover after the wet conditions that prevented the planting or establishment subside. 4. Section 1410.54 is revised to read as follows: § 1410.54 Performance based upon advice or action of the Department.

(a)The provisions of § 718.8 of this title relating to performance based upon the action or advice of a representative of the Department shall be applicable to this part, and may be considered as a basis to provide relief to persons subject to sanctions under this part to the extent that relief is not mandated by the other provisions of this section.

(b)Further, except as provided in paragraph

(3)of this section, and notwithstanding any other provision of this chapter, the Deputy Administrator may provide equitable relief to a participant who has entered into a contract under this chapter, and who is subsequently determined to be in violation of the contract, if the participant, in attempting to comply with the terms of the contract and enrollment requirements, took actions in good faith reliance upon the action or advice of an authorized USDA representative, as determined by the Deputy Administrator, provided:

(1)The Deputy Administrator determines that a participant has been injured by such good faith reliance, in which case, the participant may be authorized, as determined appropriate by the Deputy Administrator, to do any one or more of the following;

(i)Retain payments received under the contract;

(ii)Continue to receive payments under the contract;

(iii)Keep all or part of the land covered by the contract enrolled in the applicable program under this chapter;

(iv)Re-enroll all or part of the land covered by the contract in the applicable program under this chapter; or

(v)Any other equitable relief the Deputy Administrator deems appropriate.

(2)If relief under this section is authorized by the Deputy Administrator, the participant must take such actions as are determined by the Deputy Administrator to remedy any failure to comply with the contract.

(3)This section shall not apply to a pattern of conduct, as determined by the Deputy Administrator, in which an authorized USDA representative takes actions or provides advice with respect to a participant that the representative and the participant both know, or should have known, are inconsistent with applicable law (including regulations).

(4)Relief under this paragraph shall be available only for contracts in effect on January 1, 2000, or thereafter. Signed at Washington, DC, on January 9, 2002. James R. Little, Executive Vice President, Commodity Credit Corporation. [FR Doc. 02-1052 Filed 1-15-02; 8:45 am]

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