Unknown. Final rule

3,107 words·~14 min read·/register/2002/03/01/02-4911

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-2002-03-01.xml --- 67 41 Friday, March 1, 2002 Contents Administration Administration on Aging See Aging Administration Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: Alzheimer Disease Demonstration Grants to States Program, 9454-9455 02-4917 Agricultural Agricultural Marketing Service PROPOSED RULES Potatoes (Irish) grown in— Colorado, 9418-9420 02-4706 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Air Force Air Force Department NOTICES Meetings:

Air University Board of Visitors, 02-4885 9443 02-4886 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Citrus canker, 9389-9390 02-4911 NOTICES Environmental statements; availability, etc.: Nonregulated status determinations— Aventis CropScience; canola genetically engineered for glufosinate herbicide tolerance, 9431-9432 02-4909 Veterinary services— Bison fetuses; disappearance rate, 9433 02-4910 Army Army Department NOTICES Meetings:

Armament Retooling and Manufacturing Support Executive Advisory Committee; correction, 9507 C2-4178 Patent licenses; non-exclusive, exclusive, or partially exclusive: Fiber optic periodontal endoscope; correction, 9507 C2-4181 Temperature-regulated cell perfusion chamber; correction, 9507 C2-4182 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department RULES Medicare:

Hospital outpatient prospective payment system (2002 CY); correction, 9555-9579 02-5071 Coast Guard Coast Guard RULES Ports and waterways safety: Chevron Multi-Point Mooring, Barbers Point Coast, HI; security zone, 9400-9402 02-4955 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 9436-9438 02-4918 02-4919 Corporation Corporation for National and Community Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 9442-9443 02-4914 Customs Customs Service PROPOSED RULES Air commerce: Air cargo manifest; air waybill number re-use, 9423-9424 02-4954 NOTICES Textile costumes; tariff classification, 9504-9505 02-4945 Defense Defense Department See Air Force Department See Army Department See Navy Department Economic Economic Development Administration NOTICES Grants and cooperative agreements; availability, etc.: Economic development assistance programs, 9543-9550 02-4882 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 9473-9483 02-4372 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

California, 9403-9406 02-4783 02-4784 Hazardous waste program authorizations: Wisconsin, 9406-9410 02-4786 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 9424 02-4785 Utah, 9425-9427 02-4940 Hazardous waste program authorizations: Wisconsin, 9427-9428 02-4787 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 9448-9449 02-4943 Weekly receipts, 9448 02-4942 Pesticide registration, cancellation, etc.:

Gardens Alive, 9449-9450 02-4941 FAA Federal Aviation Administration RULES Air traffic operating and flight rules, etc.: Expired Special Federal Aviation Regulations (SFARs) removed, 9551-9554 02-4846 Airworthiness directives: Airbus, 9392-9394 02-4719 BAE Systems (Operations) Ltd., 9394-9395 02-4718 Boeing, 9395-9399 02-4717 02-4888 Eurocopter France, 9390-9392 02-4555 Class E airspace, 9399-9400 02-4956 PROPOSED RULES Airworthiness directives: Pilatus Aircraft Ltd., 9420-9423 02-4865 NOTICES Aeronautical land-use assurance; waivers:

Roanoke Regional Airport, VA, 9495 02-4957 Airport noise compatibility program: Noise exposure maps— Four Corners Regional Airport, NM, 9495-9496 02-4958 Passenger facility charges; applications, etc.: Chicago Midway Airport, IL, 9497 02-4959 FCC Federal Communications Commission PROPOSED RULES Digital television stations; table of assignments: Illinois, 9428 02-4883 NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 9450 02-4884 Common carrier services:

In-region interLATA services— Verizon New England Inc. et al.; application to provide service in Rhode Island and Providence Plantations granted, 9451-9452 02-4977 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Backbone Mountain Windpower LLC et al., 9445-9447 02-4905 Meetings: Public utility market-based rate authorizations; investigation of terms and conditions, 9447 02-4907 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 9444-9445 02-4906 TPS McAdams, LLC, 9445 02-4908 Federal Housing Federal Housing Finance Board NOTICES Meetings;

Sunshine Act, 9452-9453 02-5079 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards: Motor carrier identification report; filing requirements, 9410-9416 02-4960 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 9453 02-4915 Federal Transit Federal Transit Administration NOTICES Agency information collection activities: Proposed collection; comment request; correction, 9507 C2-4283 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Flunixin meglumine solution, 9400 02-4891 NOTICES Human drugs: Patent extension; regulatory review period determinations— HECTOROL, 9455-9456 02-4889 Meetings: Gastrointestinal Drugs Advisory Committee and Pharmaceutical Science Advisory Committee, 9456 02-4890 Medical Devices Advisory Committee, 9456-9457 02-5044 Oncologic Drugs Advisory Committee, 9457 02-5043 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* South Dakota, 9438 02-4924 Forest Forest Service NOTICES Meetings:

California Coast Provincial Advisory Committee, 9433-9434 02-4904 GAO General Accounting Office PROPOSED RULES Bid protest regulations; revision Correction, 9418 02-4944 GSA General Services Administration NOTICES Federal Management Regulation: Hand-held wireless phones use while driving motor vehicles owned or leased by Federal government, 9453-9454 02-4880 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation areas: Various States, 02-4912 9434-9436 02-4913 Health Health and Human Services Department See Aging Administration See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department NOTICES Meetings:

Regulatory Reform Advisory Committee, Secretary's, 9454 02-4916 Health Health Resources and Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 9457 02-4892 Historic Historic Preservation, Advisory Council NOTICES Reports and guidance documents; availability, etc.: Projects involving historic natural gas pipelines; historic preservation review process; exemption, 9429-9431 02-4867 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 9509-9542 02-4715 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 02-4894 9468-9473 02-4895 02-4896 02-4897 02-4898 02-4899 02-4900 02-4901 02-4902 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 9457-9462 02-4868 Interior Interior Department See Land Management Bureau NOTICES Meetings:

Delaware and Lehigh National Heritage Corridor Commission, 9462 02-4887 IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 9505 02-4947 International International Trade Administration NOTICES Antidumping: Structural steel beams from— Japan, 9440-9441 02-4923 Antidumping and countervailing duties: Administrative review requests, 9438-9439 02-4925 Five year (sunset) reviews— Initiation of reviews, 9439-9440 02-4920 International International Trade Commission NOTICES Import investigations:

Brake rotors from— China, 9462-9464 02-4921 Melamine institutional dinnerware from— Various countries, 9464-9465 02-4881 Steel concrete reinforcing bar from— Turkey, 9465-9467 02-4922 Justice Justice Department See Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 9467-9468 02-4878 Labor Labor Department See Employment Standards Administration See Pension and Welfare Benefits Administration Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Southeast Oregon, 9462 02-4879 Maritime Maritime Administration NOTICES Agency information collection activities: Proposed collection; comment request, 9497-9498 02-4953 Coastwise trade laws; administrative waivers: ESPRIT DU NORD, 9498 02-4949 MAK-ATAK, 9500 02-4950 MAKEN, 9499-9500 02-4948 NICOLLE, 9500-9501 02-4951 SEA BREEZE, 9498-9499 02-4952 National National Council on Disability NOTICES Meetings; Sunshine Act, 9487 02-5016 National Institute National Institute of Standards and Technology NOTICES Meetings:

Conformity Assessment Body; training workshop, 9441-9442 02-4903 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 9416-9417 02-4929 NOTICES Meetings: Science Advisory Board, 9442 02-4933 Navy Navy Department NOTICES Agency information collection activities: Proposed collection; comment request, 02-4869 9443-9444 02-4870 02-4871 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; class exemptions:

Employee benefit plan; definition, 9483-9485 02-4872 Interest free loans, 9485-9487 02-4873 Postal Postal Rate Commission NOTICES Meetings: Sunshine Act, 9487 02-5080 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 9487-9488 02-4932 Meetings; Sunshine Act, 9488 02-5002 Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 9488-9489 02-4877 National Association of Securities Dealers, Inc., 9489-9491 02-4876 SBA Small Business Administration NOTICES Agency information collection activities: Proposed collection; comment request, 9491 02-4935 Disaster loan areas: New York, 9491-9492 02-4934 State State Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 9492 02-4931 Arms Export Control Act: Export licenses; congressional notifications, 9492-9495 02-4930 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Union Pacific Railroad Co., 9501-9502 02-4833 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Customs Service See Internal Revenue Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 9502-9504 02-4874 02-4875 Veterans Veterans Affairs Department RULES Loan guaranty:

Advertising and solicitation requirements, 9402-9403 02-4866 NOTICES Meetings: Cemeteries and Memorials Advisory Committee, 9505-9506 02-4893 Separate Parts In This Issue Part II Housing and Urban Development Department, 9509-9542 02-4715 Part III Commerce Department, Economic Development Administration, 9543-9550 02-4882 Part IV Transportation Department, Federal Aviation Administration, 9551-9554 02-4846 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 9555-9579 02-5071 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 41 Friday, March 1, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 01-079-2] Citrus Canker; Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule. SUMMARY: We are amending the citrus canker regulations by removing a portion of the quarantined area in Manatee County, FL, from the list of quarantined areas. The regulations require that an area be free from citrus canker for a period of at least 2 years before it may be removed from the list of quarantined areas. Surveys have shown that a portion of the quarantined area in Manatee County, FL, has been free of citrus canker since February 1999. This action removes restrictions on the interstate movement of regulated articles from that portion of Manatee County, FL.

EFFECTIVE DATE: February 25, 2002. FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737;

(301)734-8899. SUPPLEMENTARY INFORMATION: Background The regulations to prevent the interstate spread of citrus canker are contained in 7 CFR 301.75-1 through 301.75-16 (referred to below as the regulations). The regulations restrict the interstate movement of regulated articles from and through areas quarantined because of citrus canker and provide for the designation of survey areas around quarantined areas. Survey areas undergo close monitoring by Animal and Plant Health Inspection Service (APHIS) and State inspectors for citrus canker and serve as buffer zones against the disease. Under § 301.75-4(c) of the regulations, any State or portion of a State where an infestation is detected will be designated as a quarantined area and will retain that designation until the area has been free from citrus canker for 2 years. A 15-square-mile area in the northern part of the quarantined area in Manatee County, FL, has been free of citrus canker since February 1999, and has thus met the requirement for declaration of eradication. On November 27, 2001, we published in the **Federal Register** (66 FR 59175-59176, Docket No. 01-079-1) a proposal to amend the regulations by removing that portion of the quarantined area in Manatee County, FL, from the list of quarantined areas. We solicited comments concerning our proposal for 30 days ending December 27, 2001. We did not receive any comments. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the **Federal Register** . Immediate implementation of this rule is necessary to provide relief to those persons who are adversely affected by restrictions we no longer find warranted. Making this rule effective immediately will allow interested producers and others in the marketing chain to benefit during this year's shipping season. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon signature. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. We are amending the citrus canker regulations by removing a portion of the quarantined area in Manatee County, FL, from the list of quarantined areas. The regulations require that an area be free from citrus canker for a period of at least 2 years before it is removed from the list of quarantined areas. Surveys have shown that a portion of the quarantined area in Manatee County, FL, has been free of citrus canker since February 1999. This action removes restrictions on the interstate movement of regulated articles from that portion of Manatee County, FL. The area we are removing from quarantine represents only a small portion of the total production in Manatee County. The table below shows statistics for Manatee County after trees were removed to limit the spread of citrus canker. Boxes of citrus produced in 1999-2000 season Total acres January 2000 Total number of trees January 2000 All Round Oranges 8,365,000 21,236 2,631,200 All Grapefruit 422,000 1,197 111,900 Speciality Fruit 279,000 821 98,300 All Citrus 9,066,000 23,254 2,841,400 While producers in the area that is being removed from the list of quarantined areas should benefit from removal of movement restrictions, it is unlikely that the benefit will be big enough to measure statistically. This action will not impose any costs on producers or on government entities. Most of the citrus producers in and around the quarantined area in Manatee County, FL, qualify as small entities under Small Business Administration

(SBA)guidelines. The Regulatory Flexibility Act requires that the Agency specifically consider the economic effects associated with its rules on small entities. The SBA defines a firm engaged in agriculture as “small” if it has less than $750,000 in annual receipts. Citrus producers in the area that is being removed from the list of quarantined areas will have greater choice of where to market their fruit. This should benefit producers by providing them with more alternatives. It is unlikely, however, that producer income or expenses will be affected in a measurable way. It is difficult to quantify the benefits of removing an area from quarantine. While producers will have greater choice of where to market their citrus crops, most of the trees in the quarantined area have been destroyed. It is unlikely that a reduction in the quarantined area will have any measurable effect on producers or consumers. 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. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: 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). 2. In § 301.75-4, paragraph (a), in the entry for Manatee County, the second paragraph is revised to read as follows: § 301.75-4 Quarantined areas.

(a)* * * Florida *Manatee County.* * * * That portion of the county bounded by a line drawn as follows: Beginning at the northwest corner of sec. 24, T. 33 S., R. 17 E.; then east along the northern boundary of sec. 24, T. 33. S., R. 17 E. (Bishop Harbor Road) until it becomes SR 683 (Moccasin Wallow Road); then east on SR 683 to the northeast boundary of sec. 22, T. 33 S., R. 18 E., then south along the eastern boundary of sec. 22, T. 33 S., R. 18 E. to 69th Street East; then east on 69th Street East to Erie Road; then south on Erie Road to U.S. Highway 301; then south on U.S. Highway 301 to Interstate 75; then south on Interstate 75 to the southern boundary of sec. 24, T. 35 S., R. 18 E.; then west along the southern boundaries of secs. 24, 23, and 22 to where the southern boundary of sec. 22 meets Whitfield Avenue; then west on Whitfield Avenue to U.S. Highway 301; then north on U.S. Highway 301 to SR 70; then west on SR 70 to U.S. Highway 41; then north on U.S. Highway 41 to where it becomes 14th Street West; then north on 14th Street West to 1st Avenue West; then east on 1st Avenue West to 9th Street West; then north on 9th Street West to the north bank of the Manatee River; then west along the north bank of the Manatee River to Terra Ceia Bay; then north along the western boundaries of secs. 25 and 24 to the point of the beginning. Done in Washington, DC, this 25th day of February, 2002. W. Ron DeHaven, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-4911 Filed 2-28-02; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code