Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-01-30.xml --- 67 20 Wednesday, January 30, 2002 Contents AID Agency for International Development NOTICES Agency information collection activities: Proposed collection; comment request, 4383 02-2207 Agriculture Agriculture Department See Forest Service See Rural Business-Cooperative Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 4383-4387 02-2182 Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Chemical and biological sampling device and kit and method of use thereof, 4410-4411 02-2216 Privacy Act: Systems of records, 4411-4413 02-2174 02-2175 Children Children and Families Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 4432 02-2222 Grants and cooperative agreements; availability, etc.: National Youth Sports Program, 4432-4453 02-2130 Organization, functions, and authority delegations: Office of the Commissioner, 4453-4454 02-2223 State median income estimates for four-person families, 4454-4456 02-2224 Coast Guard Coast Guard RULES Ports and waterways safety:

Hutchinson Island and Turkey Point, FL; security zones, 4355-4357 02-2210 Commerce Commerce Department See Export Administration Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency RULES International banking activities: Capital equivalency deposits, 4325-4326 02-2171 Consumer Consumer Product Safety Commission PROPOSED RULES Federal Hazardous Substances Act: Certain model rocket propellant devices; use with lightweight surface vehicles, 4373-4375 02-2059 Copyright Copyright Office, Library of Congress NOTICES Copyright Arbitration Royalty Panel:

Digital performance right in sound and ephemeral recordings— Voluntary negotiation period initiation, 4472-4474 02-2242 Corporation Corporation for National and Community Service NOTICES Privacy Act: System of records, 4395-4410 02-2240 Customs Customs Service NOTICES Agency information collection activities: Proposed collection; comment request, 02-2165 4488-4489 02-2166 02-2167 02-2168 Defense Defense Department See Army Department See Engineers Corps RULES Civilian health and medical program of the uniformed services (CHAMPUS):

TRICARE program— Retiree Dental Program; retiree dental benefits enhancement, 4353-4355 02-2172 PROPOSED RULES Civilian health and medical program of the uniformed services (CHAMPUS): TRICARE program— Retiree Dental Program; voluntary disenrollment, 4375-4377 02-2173 Education Education Department NOTICES Privacy Act: Systems of records, 4415-4417, 4641-4644 02-2226 02-2227 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Myrtle Grove Ecosystem Restoration Analysis, LA, 4413-4414 02-2219 Nantucket Sound, MA; Cape Wind Energy Project, 4414-4415 02-2217 EPA Environmental Protection Agency RULES Air programs; State authority delegations: Maryland, 4359-4363 02-2230 Pennsylvania, 4363-4367 02-2228 PROPOSED RULES Air pollution; standards of performance for new stationary sources: Testing and monitoring provisions; amendments, 4377-4378 02-2232 Air programs; State authority delegations: Maryland, 4378 02-2231 Pennsylvania, 4378-4379 02-2229 NOTICES Agency information collection activities:

Proposed collection; comment request, 4421-4425 02-2235 Coastal zone management programs and estuarine sanctuaries: State programs— Evaluation findings availability, 4393-4394 02-2265 Pesticide programs: Organophosphates; risk assessments and public participation in risk management— Acephate, 4426-4427 02-2238 Oxyfluorfen, 4425-4426 02-2237 Pesticides; experimental use permits, etc.: Norflurazon, 4427-4429 02-1882 Reports and guidance documents; availability, etc.: Methods for collection, storage, and manipulation of sediments for chemical and toxicological analyses, 4429 02-2236 Superfund; response and remedial actions, proposed settlements, etc.:

Metropolitan Mirror and Glass Site, PA, 4430 02-2233 Old Glenwood School Asbestos Site, WA, 4430 02-2234 MISSING FOR: Export Administration Bureau Export Administration Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 4390 02-2264 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 4333-4335 02-1817 BAE Systems (Operations) Ltd., 4331-4333 02-1818 02-1819 Boeing, 4328-4331 02-1691 Bombardier, 4342-4344 02-1962 Dornier, 4338-4340 02-1821 Dowty Aerospace Propellers, 4351-4353 02-1983 Fairchild, 4335-4338 02-1816 Fokker, 4344-4346 02-1963 General Electric Co., 4326-4328, 4349-4351 02-1692 02-1984 McDonnell Douglas, 4340-4342 02-1961 Raytheon, 4346-4348 02-1965 FCC Federal Communications Commission NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 4430-4431 02-2221 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Cambridge Electric Light Co., et al., 4418-4419 02-2184 Environmental statements; notice of intent: Idaho Power Co., 4419 02-2249 Hydroelectric applications, 4419-4421 02-2246 02-2247 Meetings: Public Utility District No. 1 of Pend Oreille County, 4421 02-2250 *Applications, hearings, determinations, etc.:* Cargill, Inc., 4417 02-2245 Pacific Gas & Electric Co., 4417-4418 02-2248 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank holding companies, 4431 02-2202 Formations, acquisitions, and mergers, 02-2201 4431-4432 02-2266 Formations, acquisitions, and mergers; correction, 4432 02-2267 FTC Federal Trade Commission PROPOSED RULES Telemarketing sales rule, 4491-4546 02-1998 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 02-2187 4468-4470 02-2196 02-2197 02-2199 02-2200 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.:

Professional flexible labeling of antimicrobial drugs; withdrawal, 4456-4457 02-2212 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Illinois Northrop Grumman Corp.; Defense Systems Division; radar and electro-optical systems manufacturing facilities, 4391 02-2256 Kentucky, 4391 02-2255 Pennsylvania C&J Clark America, Inc.; footware warehousing/distributing facility, 4391-4392 02-2257 Texas Phillips Petroleum Co.; oil refinery complex, 4392 02-2254 Forest Forest Service NOTICES Environmental statements; notice of intent:

Beaverhead-Deerlodge National Forest, MT, 4387-4388 02-2181 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Meetings: Interdisciplinary, Community-Based Linkages Advisory Committee, 4457 02-2269 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 4457-4458 02-2176 Grant and cooperative agreement awards:

Section 8 housing choice voucher program, 4458-4468 02-2179 Regulatory waiver requests; quarterly listing, 4547-4560 02-2180 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau RULES Organization, functions, and authority delegations: Hearings and Appeals Office; address change, 4367-4369 02-2188 International International Trade Administration NOTICES Antidumping: Fresh garlic from— China; correction, 4392 02-2252 Live processed blue mussells from— Canada, 4392-4393 02-2251 *Applications, hearings, determinations, etc.:* University of- Georgia, 4393 02-2253 International International Trade Commission NOTICES Import investigations:

Top-of-the-stove stainless steel cooking ware from— Korea, 4471-4472 02-2185 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Grants and cooperative agreements; availability, etc.: Serious, violent offender reentry initiative, 4645-4647 02-2241 Labor Labor Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 4472 02-2239 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Nevada; Table Mountain Wind Generating Facility, 4470-4471 02-2195 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 4474 02-2190 02-2191 Meetings: Advisory Council Biological and Physical Research Advisory Committee, 4474-4475 02-2192 02-2193 National Highway National Highway Traffic Safety Administration PROPOSED RULES Fuel economy standards:

Light trucks; 2004 model year, 4379 02-2268 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pelagic management unit species, 4369-4372 02-2261 PROPOSED RULES Marine mammals: Harassment; preventing human activities, 4379-4382 02-2259 NOTICES Coastal zone management programs and estuarine sanctuaries: State programs— Evaluation findings availability, 4393-4394 02-2265 Meetings: New England Fishery Management Council, 4394-4395 02-2262 02-2263 Permits:

Foreign fishing, 4395 02-2260 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Energy Northwest, 4475-4476 02-2204 Meetings: Reactor Safeguards Advisory Committee, 4476-4477 02-2205 Ocean Ocean Policy Commission NOTICES Meetings, 4477 02-2194 Postal Postal Service PROPOSED RULES Domestic Mail Manual; Rate, fee, and classification changes, 4561-4640 02-2177 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration Research Research and Special Programs Administration NOTICES Pipeline safety; waiver petitions:

Williams Gas Pipelines-West, 4487 02-2211 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.: Rural transportation systems; technical assistance, 4388-4390 02-2169 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 4477 02-2183 Options Price Reporting Authority: Consolidated Options Last Sale Reports and Quotation Information; amendment, 4477-4479 02-2214 Self-regulatory organizations; proposed rule changes:

New York Stock Exchange, Inc., 4479-4486 02-2213 02-2215 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 4486-4487 02-2366 Surface Surface Transportation Board NOTICES Rail carriers: Control exemptions— Rail America, Inc., et al., 4487-4488 02-2258 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Customs Service Veterans Veterans Affairs Department RULES Medical benefits:

Medicare Part A hospital insurance benefits; CHAMPVA eligibility to persons age 65 and over, 4357-4359 02-2206 Separate Parts In This Issue Part II Federal Trade Commission, 4491-4546 02-1998 Part III Housing and Urban Development Department, 4547-4560 02-2180 Part IV Postal Service, 4561-4640 02-2177 Part V Education Department, 4641-4644 02-2227 Part VI Justice Department, Justice Programs Office, 4645-4647 02-2241 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 20 Wednesday, January 30, 2002 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Part 28 [Docket No. 02-02] RIN 1557-AC05 International Banking Activities: Capital Equivalency Deposits AGENCY:

Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Interim rule with request for comments. SUMMARY: The Comptroller of the Currency is amending its regulation regarding the capital equivalency deposits

(CED)that foreign banks with Federal branches or agencies must establish and maintain pursuant to section 4(g) of the International Banking Act of 1978. This interim rule revises certain requirements regarding CED deposit arrangements to increase flexibility for and reduce burden on certain Federal branches and agencies, based on a supervisory assessment of the risks presented by the particular institution. The OCC is issuing this rule on an interim basis effective January 30, 2002. DATES: *Effective Date:* This rule is effective on January 30, 2002. *Comment Date:* Comments must be received by April 1, 2002. ADDRESSES: Please direct comments to: Public Information Room, Office of the Comptroller of the Currency, 250 E Street, SW., Mailstop 1-5, Washington, DC, 20219, Attention: Docket No. 02-02. Comments are available for inspection and photocopying at that address. In addition, comments may be sent by facsimile transmission to number 202-874-4448, or by electronic mail to *regs.comments@occ.treas.gov.* Due to recent, temporary disruptions in the OCC's mail service, commenters are encouraged to use e-mail delivery if possible. FOR FURTHER INFORMATION CONTACT: Martha Clarke, Counsel, Legislative and Regulatory Activities Division, 202-874-5090; or Carlos Hernandez, International Advisor, International Banking and Finance Division, 202-874-4730. SUPPLEMENTARY INFORMATION: This interim rule revises certain requirements regarding CED deposit arrangements to increase flexibility and reduce burden by permitting the OCC to impose deposit requirements based on the same supervision by risk approach that it uses in its supervision of national banks. The interim rule revises 12 CFR 28.15(d) to clarify that the OCC may vary the terms of CED Agreements (Agreement) based on the circumstances and supervisory risks present at a particular branch or agency. For example, an Agreement may permit a foreign bank to withdraw assets from its CED account, reducing the net value of the assets held in the account without OCC approval, as long as the withdrawal does not reduce the value below the minimum CED level required for that institution. Moreover, it may not be necessary in all cases for a foreign bank to pledge its CED assets to the OCC or for the depository bank to be a signatory to the Agreement unless required by the OCC. The OCC will make these determinations on a case by case basis, consistent with its supervisory assessment of the risks presented by the particular institution. Comment Solicitation The OCC requests comment on all aspects of this interim rule. The OCC also requests comment on whether the interim rule is written clearly and is easy to understand. On June 1, 1998, the President issued a memorandum directing each agency in the Executive branch to write its rules in plain language. This directive applies to all new proposed and final rulemaking documents issued on or after January 1, 1999. In addition, Public Law 106-102 requires each Federal agency to use plain language in all proposed and final rules published after January 1, 2000. The OCC invites comments on how to make this rule clearer. For example, you may wish to discuss:

(1)Whether we have organized the material to suit your needs;

(2)Whether the requirements of the rule are clear; or

(3)Whether there is something else we could do to make the rule easier to understand. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act, 5 U.S.C. 605(b), the OCC certifies that this proposal will not have a significant economic impact on a substantial number of small entities. The principal effect of the rule is to remove several requirements with respect to deposit arrangements for the CED and reduce burden on qualifying foreign banks with Federal branches and agencies. Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law 104-4 (Unfunded Mandates Act) requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. The OCC has determined that the interim rule will not result in expenditures by State, local, or tribal governments or by the private sector of $100 million or more. Accordingly, the OCC has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. Executive Order 12866 The OCC has determined that this rule does not constitute a “significant regulatory action” for the purposes of Executive Order 12866. Effective Date The rule is effective immediately on an interim basis. Pursuant to 5 U.S.C. 553, agencies may issue a rule without public notice and comment when the agency, for good cause, finds that such notice and public comment are impracticable, unnecessary, or contrary to the public interest. Section 553 also permits agencies to issue a rule without delaying its effectiveness if the agency finds good cause for the immediate effective date. The OCC finds good cause to issue this rule without notice and public comment and without a delayed effective date. The change will enable the OCC to make determinations on a case by case basis, consistent with its supervisory assessment of the risks presented by a particular institution, as to whether a foreign bank should continue to be required to pledge its CED assets to the OCC or to obtain the OCC's approval to reduce the aggregate value of the CED assets by withdrawal. These requirements are costly and burdensome, and where they are not required for safety and soundness reasons, it is in the public interest to make this interim rule effective immediately so that qualifying foreign banks that do not pose safety or soundness issues may take advantage immediately of the cost savings and burden reduction benefits of the change. The OCC is seeking public comment on all aspects of this interim rule and will consider those comments when promulgating the final rule. The OCC will publish in the **Federal Register** a response to any significant adverse comments received, along with modifications to the rule, if any. Subject to certain exceptions, 12 U.S.C. 4802(b)(1) provides that new regulations and amendments to regulations prescribed by a federal banking agency that impose additional reporting, disclosure, or other new requirements on an insured depository institution must take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form. The interim rule imposes no additional reporting, disclosure, or other new requirements on insured depository institutions. Instead it removes restrictions for qualifying foreign banks with Federal branches and agencies. For this reason, section 4802(b)(1) does not apply to this rulemaking. Paperwork Reduction Act The OCC may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget

(OMB)control number. The information collection requirements contained in 12 CFR Part 28 have been approved under OMB control number 1557-0102. The information collection requirements contained in this rule are contained in section 28.15(d). Under this section as amended, capital equivalency deposits may not be reduced in value below the minimum required for that branch or agency without prior OCC approval, and Federal branches and agencies are required to maintain records. *Estimated number of respondents:* 35. *Estimated number of responses:* 35. *Estimated burden hours per response:* 1 hour. *Estimated number of recordkeepers:* 35. *Estimated number of recordkeeping burden hours:* *Estimated total burden hours:* The OCC has a continuing interest in the public's opinion regarding collections of information. Members of the public may submit comments regarding any aspects of the collections of information to Jessie Dunaway, OCC Clearance Officer, 250 E Street, SW., Mailstop 8-4, Washington, DC 20219. Due to the temporary delay in mail delivery, you may prefer to send your comments by electronic mail to: *jessie.dunaway@occ.treas.gov.* The OCC invites comments on:

(1)Whether the collections of information are necessary for the proper performance of the agency's functions, including whether the information has practical utility:

(2)The accuracy of the estimate of the burden;

(3)Ways to enhance the quality, utility, and clarity of the information to be collected;

(4)Ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology;

(5)Estimates of capital or start-up costs and costs of operation, maintenance, and purchases of services to provide information. List of Subjects in 12 CFR Part 28 Foreign banking, National banks, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, the OCC amends part 28 of chapter I of title 12 of the Code of Federal Regulations as follows: PART 28—INTERNATIONAL BANKING ACTIVITIES 1. The authority citation for part 28 is amended to read as follows: Authority: 12 U.S.C. 1 *et seq.,* 24(Seventh), 93a, 161, 602, 1818, 3101 *et seq.* , and 3901 *et seq.* 2. In § 28.15, paragraphs (d)(1) and (d)(2) are revised to read as follows: § 28.15 Capital equivalency deposits.

(d)* * * *

(1)May not be reduced in value below the minimum required for that branch or agency without the prior approval of the OCC;

(2)Must be maintained pursuant to an agreement prescribed by the OCC that shall be a written agreement entered into with the OCC for purposes of section 8 of the Federal Deposit Insurance Act, 12 U.S.C. 1818; and Dated: January 18, 2002. John D. Hawke, Jr., Comptroller of the Currency. [FR Doc. 02-2171 Filed 1-29-02; 8:45 am]

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