Unknown. Affirmation of interim rule as final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-01-24.xml --- 67 16 Thursday, January 24, 2002 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Cherries

(tart)grown in— Michigan et al., 3539-3572 02-1423 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service Amtrak Amtrak Reform Council NOTICES Meetings, 3477-3478 02-1695 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Karnal bunt, 3427 02-1748 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 3495-3496 02-1690 Submission for OMB review; comment request, 3496-3497 02-1689 Grants and cooperative agreements; availability, etc.: Medical monitoring for New York personnel engaged in emergency response activities related to September 11, 2001 disaster, 3497 02-1717 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 3497 02-1718 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 3497-3501 02-1686 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Customs Customs Service NOTICES Customhouse broker license cancellation, suspension, etc.: Cohen, Isdore; revocation retracted, 3531 02-1788 Unimex Brokerage, Inc., 3531-3532 02-1789 Defense Defense Department RULES Federal Acquisition Regulation (FAR): Solicitation provisions and contract clauses— Commercial items; subcontracts; CFR correction, 3441-3442 02-55500 Employment Employment and Training Administration NOTICES Adjustment assistance: Midwest Garment Co., 3508 02-1783 Onkyo America et al., 3508-3509 02-1774 Portex Technologies, 3509 02-1785 Trane Co. et al., 3509-3510 02-1773 Adjustment assistance and NAFTA transitional adjustment assistance: Colorgraphic Offset Printing Co. et al., 3507-3508 02-1784 NAFTA transitional adjustment assistance: A.O. Smith Electrical Products Co., 3510 02-1786 Chemical Lime et al., 3510-3512 02-1781 Collis, Inc., 3512 02-1778 CTI Audio, Inc., 3512 02-1772 Dunlap Sales, Inc., 3512 02-1776 Emerson Process Management, 3512-3513 02-1779 Freightliner LLC, 3513 02-1780 Henry Manufacturing, 3513 02-1777 Intervet, Inc., 3513 02-1775 Lexmark International, 3513-3514 02-1782 Midwest Garment Co., 3514 02-1787 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 3484 02-1742 Committees; establishment, renewal, termination, etc.: Environmental Management Advisory Board, 3484-3485 02-1746 Grants and cooperative agreements; availability, etc.: Technology Vision 2020: U.S. Chemical Industry, 3485 02-1744 Meetings: Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 3485 02-1745 Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program: Test procedures— Water heaters, 3449-3455 02-1747 Energy Energy Information Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 3485-3486 02-1743 EPA Environmental Protection Agency RULES Air programs: Fuels and fuel additives— Composition of additives certified under Gasoline Deposit Control Program; variability requirements revisions; partially withdrawn, 3440-3441 02-1756 Denver/Boulder, CO; Federal summer gasoline Reid Vapor Pressure volatility standard; relaxation, 3435-3440 02-1493 PROPOSED RULES Air programs: Fuels and fuel additives— Denver/Boulder, CO; Federal summer gasoline Reid Vapor Pressure volatility standard; relaxation, 3468-3470 02-1494 NOTICES Reports and guidance documents; availability, etc.: Perchlorate environmental contamination; toxicological review and risk characterization; peer review workshop, 3493 02-1757 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Airworthiness standards: Transport category airplanes— Lower deck service compartments, 3456-3461 02-1766 NOTICES Aeronautical land-use assurance; waivers: Abernathy Municipal Airport, TX, 3530-3531 02-1769 FCC Federal Communications Commission RULES Practice and procedure: Review request filings; interim filing procedures; implementation, 3441 02-1601 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 3493 02-1933 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Entergy Services, Inc., et al., 3488-3490 02-1728 Maritime Electric Co., Ltd., et al., 3490-3492 02-1697 *Applications, hearings, determinations, etc.:* Attala Energy Co., LLC, 3486 02-1733 California Electricity Oversight Board, 3486-3487 02-1730 Municipal Wholesale Power Group, 3487 02-1731 National Fuel Gas Supply Corp., 3487-3488 02-1729 Progress Ventures, Inc., 3488 02-1732 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Montgomery County, PA, 3531 02-1696 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 3493-3494 02-1801 Ocean transportation intermediary licenses: US Rich Long, Inc., et al., 3494 02-1802 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 3494 02-1709 Food Food and Drug Administration RULES Medical devices: Gastroenterology-urology devices— Ingestible telemetric gastrointestinal capsule imaging system; classification, 3431-3433 02-1722 NOTICES Medical devices: Patent extension; regulatory review period determinations— T-Scan 2000, 3501-3502 02-1723 Food Food Safety and Inspection Service RULES Meat, poultry, and egg products inspection services; fee increases, 3428-3431 02-1751 NOTICES Meetings: Applied epidemiology and other vital public health tools to inform food safety actions, 3475-3476 02-1750 Codex Alimentarius Commission— Milk and Milk Products Codex Committee, 3476 02-1749 Forest Forest Service NOTICES Meetings: Northwest Sacramento Provincial Advisory Committee, 3477 02-1715 Resource Advisory Committees— Eastern Idaho, 3477 02-1716 GSA General Services Administration RULES Federal Acquisition Regulation (FAR): Solicitation provisions and contract clauses— Commercial items; subcontracts; CFR correction, 3441-3442 02-55500 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Meetings: Genetic Testing, Secretary's Advisory Committee, 3494-3495 02-1793 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 3504-3505 02-1685 Submission for OMB review; comment request, 3505-3506 02-1684 Interior Interior Department See National Indian Gaming Commission IRS Internal Revenue Service PROPOSED RULES Income taxes: Expenditures capitalization and deduction; guidance, 3461-3465 02-1678 NOTICES Agency information collection activities: Proposed collection; comment request, 02-1679 3532-3533 02-1680 02-1681 International International Trade Administration NOTICES Antidumping: Hot-rolled flat-rolled carbon-quality steel products from— Japan, 3478 02-1790 Petroleum wax candles from— China, 3478-3482 02-1791 Countervailing duties: Cold-rolled carbon steel flat products from— Various countries, 3482-3483 02-1792 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 02-1706 3506-3507 02-1707 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Legal Legal Services Corporation PROPOSED RULES Restrictions on legal assistance to aliens; 1626 Negotiated Rulemaking Working Group; meetings:, 3470 02-1808 Merit Merit Systems Protection Board NOTICES Senior Executive Service: Performance Review Board; membership, 3514 02-1676 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Solicitation provisions and contract clauses— Commercial items; subcontracts; CFR correction, 3441-3442 02-55500 National Credit National Credit Union Administration NOTICES Reports and guidance documents; availability, etc.: Credit union non-maturity deposits, evaluation; comment request, 3514-3515 02-1682 National Highway National Highway Traffic Safety Administration PROPOSED RULES Fuel economy standards: Light trucks; 2004 model year, 3470-3474 02-1675 National Indian National Indian Gaming Commission PROPOSED RULES Management contract provisions: Minimum internal control standards; correction, 3461, 3537 C1-30788 02-882 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 02-1794 3502-3503 02-1796 National Institute of Allergy and Infectious Diseases, 3503-3504 02-1798 National Institute of Child Health and Human Development, 3503 02-1797 National Institute of Diabetes and Digestive and Kidney Diseases, 3504 02-1800 National Institute of Mental Health, 3503 02-1795 National Institute on Deafness and Other Communication Disorders, 3504 02-1799 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 3446-3448 02-1759 02-1760 Northeastern United States fisheries— Atlantic herring, 3442-3446 02-1761 02-1762 National Telecommunications National Telecommunications and Information Administration NOTICES Broadband networks and advanced telecommunications services deployment; comment period closed, 3483-3484 02-1708 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 3431 02-1719 NOTICES *Applications, hearings, determinations, etc.:* Portland General Electric Co., 3515-3516 02-1720 Occupational Occupational Safety and Health Administration PROPOSED RULES Safety and health standards: Tuberculosis; occupational exposure, 3465 02-1712 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents PROCLAMATIONS *Special observances:* Martin Luther King, Jr., Federal Holiday (Proc. 7518), 3573-3576 02-1969 National Mentoring Month (Proc. 7519), 3577-3578 02-1970 National Sanctity of Human Life Day (Proc. 7520), 3579-3580 02-1971 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Saint Lawrence Saint Lawrence Seaway Development Corporation PROPOSED RULES Seaway regulations and rules: Ballast water; Great Lakes shipping industry codes compliance, 3465-3468 02-1752 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Harbor Fund et al., 3516-3517 02-1698 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 3517-3519 02-1702 National Association of Securities Dealers, Inc., 3519-3523 02-1699 02-1703 02-1705 Pacific Exchange, Inc., 3523-3524 02-1741 Philadelphia Stock Exchange, Inc., 3524-3526 02-1700 02-1701 02-1704 State State Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 3526-3527 02-1803 02-1805 Art objects; importation for exhibition: Age of Impressionism: European Masterpieces from Ordrupgaard, Copenhagen, 3527 02-1806 Sacred Spaces of Pieter Saenredam, 3527-3528 02-1807 Nonproliferation measures: Chinese entities, 3528 02-1804 Trade Trade Representative, Office of United States NOTICES Generalized System of Preferences: Canned pears and manganese metal from African Growth and Opportunity Act beneficiary countries; eligibility consideration, 3528-3530 02-1683 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Saint Lawrence Seaway Development Corporation Treasury Treasury Department See Customs Service See Internal Revenue Service Veterans Veterans Affairs Department RULES Organization, functions, and authority delegations: Resolution management officials et al.; equal employment opportunity responsibilities, 3433-3435 02-1735 NOTICES Agency information collection activities: Proposed collection; comment request, 3533-3534 02-1736 Submission for OMB review; comment request, 02-1737 3534-3535 02-1738 02-1739 Meetings: Veterans Readjustment Advisory Committee, 3535-3536 02-1740 Separate Parts In This Issue Part II Agriculture Department, Agricultural Marketing Service, 3539-3572 02-1423 Part III Executive Office of the President, Presidential Documents, 3573-3580 02-1969 02-1970 02-1971 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 16 Thursday, January 24, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 01-063-2] Karnal Bunt; Regulated Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the Karnal bunt regulations by adding Archer and Baylor Counties in Texas to the list of regulated areas. The interim rule, which followed the detection of bunted kernels in samples taken from bins of wheat grain stored in Baylor County and harvested in Archer and Baylor Counties, was necessary to prevent the spread of Karnal bunt to noninfected areas of the United States. EFFECTIVE DATE: This interim rule became effective July 13, 2001. FOR FURTHER INFORMATION CONTACT: Mr. Robert G. Spaide, Director for Surveillance and Emergency Programs Planning and Coordination, PPQ, APHIS, 4700 River Road Unit 98, Riverdale, MD 20737-1231;

(301)734-7819. SUPPLEMENTARY INFORMATION: Background In an interim rule effective July 13, 2001, and published in the **Federal Register** on July 19, 2001 (66 FR 37575-37576, Docket No. 01-063-1), we amended the Karnal bunt regulations in 7 CFR 301.89-3 by adding Archer and Baylor Counties, in their entirety, to the list of regulated areas in Texas. This action was necessary due to the detection of bunted wheat kernels in samples taken from bins of wheat grain stored in Baylor County. The wheat grain was harvested in Archer and Baylor Counties. Comments on the interim rule were required to be received on or before September 17, 2001. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule. This action also affirms the information contained in the interim rule concerning Executive Orders 12866, 12372, and 12988 and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived the review process required by Executive Order 12866. Regulatory Flexibility Act This rule affirms an interim rule that amended the Karnal bunt regulations by adding Archer and Baylor Counties, TX, to the list of regulated areas. As a result of that action, the interstate movement of regulated articles from those areas is restricted. The Regulatory Flexibility Act requires that agencies consider the economic effects of their rules on small businesses, organizations, and governmental jurisdictions. The entities most likely to have been affected by the interim rule are wheat producers. The size of these entities is unknown. It is reasonable to assume, however, that most have gross annual receipts of less than $750,000 and are, therefore, small in size according to the U.S. Small Business Administration's criteria. This assumption is based on composite data from the 1997 Census of Agriculture, which reports that wheat was harvested for grain from 50,167 acres on 159 farms in Archer County in 1997; that grain had a market value of $4.161 million. In Baylor County, wheat was harvested for grain from 84,368 acres on 166 farms in 1997; that grain had a market value of $6.686 million. Producers in regulated areas may grow Karnal bunt host crops, but the wheat, durum wheat, or triticale must be tested for Karnal bunt before the harvested crop is moved from the field in which it was grown. This required testing is provided to producers free of charge. Negative-testing grain may be moved out of the regulated area without restriction. Grain found to contain bunted kernels may be moved outside a regulated area only under a limited permit and only to a specified destination for specified handling, utilization, or processing that will mitigate the Karnal bunt risk associated with the grain. Compensation has been made available to producers in regulated areas to address the loss in value of positive-testing grain. As the 2000-2001 crop season was the first regulated crop season for Archer and Baylor Counties, producers there were eligible for compensation payments of up to $1.80 per bushel. Those payments have, in many cases, already been made to producers affected by the detection of Karnal bunt in Archer and Baylor Counties, thus limiting the negative effects of Karnal bunt infection and the subsequent regulatory restrictions intended to prevent the further spread of the disease. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 301—DOMESTIC QUARANTINE NOTICES Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 66 FR 37575-37576 on July 19, 2001. Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). Done in Washington, DC. this 16th day of January 2002. W. Ron DeHaven, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-1748 Filed 1-23-02; 8:45 am]

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