Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-05-16.xml --- 67 95 Thursday, May 16, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panel, 34931 02-12310 Agency Agency for Toxic Substances and Disease Registry NOTICES Meetings: Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 34931-34932 02-12237 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Rural Housing Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Pink bollworm; Oklahoma removed from quarantined States regulated area lists, 34817-34818 02-12250 NOTICES Agency information collection activities: Proposed collection; comment request, 34895-34896 02-12249 Environmental statements; availability, etc.: Melaleuca quinquenervia; biological control agents use to reduce severity of melaleuca infestations, 34896-34897 02-12248 Army Army Department See Engineers Corps NOTICES Meetings: Western Hemisphere Institute for Security Cooperation Board of Visitors, 34913 02-12178 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Assay for proteolytic activity of serotype A neurotoxin from clostridium botulinum, 34913 02-12181 Compositions having neuroprotective and analgesic activity, 34913-34914 02-12180 Electronic/automated information systems and methods which support practice of medicine, 34914 02-12185 Protein biomarker for mustard chemical injury, 34914-34915 02-12182 System and method for providing access to forms and maintaining data used to complete forms, 34915 02-12183 Bonneville Bonneville Power Administration NOTICES Environmental statements; notice of intent:

King and Kittitas Counties, WA; Kangley-Echo Lake Transmission Line Project, 34917-34918 02-12251 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Mother-to-child HIV-1 transmission reduction; interventional epidemiologic research studies, 34932-34936 02-12254 Meetings: Healthcare Infection Control Practices Advisory Committee, 34936 02-12238 Immunization Practices Advisory Committee, 34936 02-12231 National Vaccine Advisory Committee, 34937 02-12236 Tuberculosis Elimination Advisory Council, 34937 02-12232 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities:

Proposed collection; comment request, 34938 02-12240 Submission for OMB review; comment request, 34938, 34939 02-12239 02-12241 Coast Guard Coast Guard RULES Anchorage regulations and ports and waterways safety: Chicago Harbor, IL; safety zone, 34838-34840 02-12314 Ports and waterways safety: Oceanside Harbor, CA; safety zone, 34840-34842 02-12313 Willamette River, OR; security zone, 34842-34844 02-12312 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 34912-34913 02-12311 Defense Defense Department See Army Department See Engineers Corps Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 34916-34917 02-12243 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent: C-111 Spreader Canal Project study, 34915-34916 02-12187 Dade County, FL; beach erosion control and hurricane protection project; cancellation, 34916 02-12179 Monmouth County, NJ;

Shrewsbury River Basin; flood control and ecosystem restoration study; correction, 34916 02-12186 EPA Environmental Protection Agency RULES Air pollution control: State operating permits programs— Indiana, 34844-34848 02-12281 PROPOSED RULES Air pollution control: State operating permits programs— Indiana, 34886 02-12282 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 34886-34890 02-12145 NOTICES Committees; establishment, renewal, termination, etc.:

Scientific Counselors Board, 34922 02-12284 Confidential business information and data transfer, 34922 02-12146 Toxic and hazardous substances control: New chemicals— Receipt and status information, 34922-34927 02-12285 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 34820-34822 02-12065 General Electric Co., 34826-34827 02-12050 McDonnell Douglas, 34818-34820, 34823-34826 02-12064 02-12066 Class E airspace; correction, 34990 C2-11498 Standard instrument approach procedures, 34828-34829 02-12287 PROPOSED RULES Airworthiness directives:

Eurocopter France, 34880-34882 02-12052 NOTICES Aeronautical land-use assurance; waivers: McGregor Executive Airport, TX, 34984 02-12289 Palwaukee Municipal Airport, IL, 34984-34985 02-12288 Exemption petitions; summary and disposition, 34985 02-12290 FCC Federal Communications Commission RULES Common carrier services: Ultra-wideband transmission systems; marketing and operation of new products, 34852-34860 02-11929 Practice and procedure: Communications Act of 1934; implementation— Private land mobile channels in the 800 MHz band; statutory auction authority and licensing for use in commercial systems, 34848-34851 02-12253 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 34927 02-12435 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 34927 02-12493 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 34919-34922 02-12192 02-12193 02-12195 *Applications, hearings, determinations, etc.:* Eastern Shore Natural Gas Co., 34918 02-12194 Transcontinental Gas Pipe Line Corp., 34918-34919 02-12191 Federal Housing Federal Housing Finance Board RULES Practice and procedure: Motor carriers, brokers, and freight forwarders; sanctions for failure to pay civil penalties Correction, 34990 C2-5094 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 34927 02-12197 Permissible nonbanking activities, 34927-34928 02-12196 FTC Federal Trade Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 34928-34931 02-12264 02-12265 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Appalachian elktoe, 34893-34894 02-12175 NOTICES Meetings: Aquatic Nuisance Species Task Force, 34950 02-12176 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Diclazuril, 34829-34831 02-10963 NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 34939 02-12172 Submission for OMB review; comment request, 34939-34942 02-12263 Reports and guidance documents; availability, etc.: First amendment issues, 34942-34944 02-12325 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Ravalli County, 34897 02-12233 GSA General Services Administration PROPOSED RULES Federal Management Regulation:

Internet GOV Domain, 34890-34893 02-12127 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 34944 02-12258 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Discretionary grant programs (SuperNOFA), correction, 34949-34950 02-12190 Immigration Immigration and Naturalization Service PROPOSED RULES Nonimmigrant classes: Student and Exchange Visitor Information System; F, J, and M nonimmigrants; information retention and reporting, 34862-34880 02-12022 NOTICES Agency information collection activities:

Proposed collection; comment request, 34956-34957 02-12245 02-12246 Submission for OMB review; comment request, 34957-34958 02-12247 Interior Interior Department See Fish and Wildlife Service See National Park Service IRS Internal Revenue Service PROPOSED RULES Excise taxes: Diesel fuel; blended taxable fuel, 34882-34884 02-12308 NOTICES Agency information collection activities: Proposed collection; comment request, 34986-34987 02-12309 International International Trade Administration NOTICES Antidumping:

Folding metal tables and chairs from— China, 34898-34899 02-12296 Polyethylene terephthalate film, sheet, and strip from— India, 34899-34902 02-12295 Countervailing duties: Iron-metal castings from— India, 02-12291 34903-34905 02-12292 02-12293 Polyethylene terephthalate film, sheet, and strip from— India, 34905-34907 02-12294 *Applications, hearings, determinations, etc.:* Health and Human Services Department et al., 34902 02-12300 National Institutes of Health, 34902 02-12299 University of— Vermont, 34902-34903 02-12302 Wisconsin-Milwaukee, 34902 02-12301 Justice Justice Department See Immigration and Naturalization Service See National Institute of Corrections NOTICES Pollution control; consent judgments:

Baltimore, MD, Mayor and City Council, 34953 02-12202 Interstate Power & Light Co. et al., 34953-34954 02-12200 Key Investment Co. et al., 34954 02-12201 Winchendon, MA, 34954 02-12199 Privacy Act: Systems of records, 34955-34956 02-12260 Systems of records; correction, 34990 C2-10398 Management Management and Budget Office NOTICES Budget rescissions and deferrals, 34963 02-12270 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 34958-34960 02-12244 National Institute National Institute of Corrections NOTICES Grants and cooperative agreements; availability, etc.:

Strategic Planning and Response, 34958 02-12213 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 34944-34945 02-12227 National Center for Research Resources, 34945 02-12224 National Eye Institute, 34945 02-12220 National Heart, Lung, and Blood Institute, 34945 02-12221 National Institute of Allergy and Infectious Diseases, 34945-34947 02-12214 02-12215 02-12216 02-12217 02-12218 National Institute of Mental Health, 34948 02-12222 02-12223 National Institute on Aging, 34948-34949 02-12228 National Institute on Alcohol Abuse and Alcoholism, 34948 02-12225 National Institute on Drug Abuse, 34947 02-12219 Scientific Review Center, 34949 02-12226 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aluetian Islands groundfish and Gulf of Alaska groundfish; Steller sea lion protection measures, 34860-34861 02-12278 NOTICES Endangered and threatened species: Anadromous fish take— Nez Perce Indian Tribe; Imnaha River basin population of Snake River spring/summer chinook salmon, 34907-34908 02-12277 Puget Sound Indian Tribes; Hood Canal summer-run chum salmon, 34907 02-12276 Meetings: Gulf of Mexico Fishery Management Council, 34908 02-12279 Permits:

Marine mammals, 34909 02-12280 Scientific research, 34909-34912 02-12275 National Park National Park Service NOTICES Environmental statements; availability, etc.: National Capital Parks-Central, Washington, DC; Washington Monument permanent security improvements, 34950-34951 02-12273 Meetings: National Park System Advisory Board, 34951 02-12315 National Register of Historic Places: Pending nominations, 34951-34953 02-12271 02-12272 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings;

Sunshine Act, 34960 02-12340 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Virginia Electric & Power Co., 34960-34961 02-12255 Meetings: Reactor Safeguards Advisory Committee, 34961-34963 02-12256 02-12257 Office Office of Management and Budget See Management and Budget Office Public Public Health Service See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Railroad Railroad Retirement Board NOTICES Agency information collection activities:

Submission for OMB review; comment request, 34963-34964 02-12234 02-12235 Rural Rural Housing Service NOTICES Agency information collection activities: Proposed collection; comment request, 34897 02-12252 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 34964-34965 02-12205 National Association of Securities Dealers, Inc., 34965-34978 02-12206 02-12207 Philadelphia Stock Exchange, Inc., 34978-34982 02-12203 02-12204 SBA Small Business Administration NOTICES Disaster loan areas:

Michigan, 34982 02-12262 Missouri, 34982-34983 02-12261 State State Department RULES Consular services; fee schedule, 34831-34838 02-12048 NOTICES Agency information collection activities: Submission for OMB review; comment request, 34983 02-12305 Iran Nonproliferation Act of 2000: Nonproliferation measures imposition against Armenian, Chinese, and Moldovan entities, including ban on U.S. Government procurement, 34983-34984 02-12304 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Kiamichi Railroad L.L.C., 34985 02-12274 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See United States Mint NOTICES Agency information collection activities: Submission for OMB review; comment request, 34985-34986 02-12208 02-12209 U.S.

Mint United States Mint NOTICES Committees; establishment, renewal, termination, etc.: Citizens Commemorative Coin Advisory Committee, 34987 02-12306 Veterans Veterans Affairs Department PROPOSED RULES National cemeteries: Eligibility for burial of adult children, minor children, and certain Filipino veterans, 34884-34885 02-12210 NOTICES Agency information collection activities: Submission for OMB review; comment request, 34987-34989 02-12173 02-12174 02-12211 02-12212 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 95 Thursday, May 16, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-031-1] Pink Bollworm Regulated Areas; Removal of Oklahoma AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the pink bollworm regulations by removing the State of Oklahoma from the lists of quarantined States and regulated areas. Statewide trapping surveys conducted over the last 2 years have shown Oklahoma to be free of pink bollworm. This action will relieve restrictions on the interstate movement of regulated articles from Oklahoma that are no longer necessary. DATES: This interim rule is effective May 16, 2002.

We will consider all comments we receive that are postmarked, delivered, or e-mailed by July 15, 2002. ADDRESSES: You may submit comments by postal mail/commercial delivery or by e-mail. If you use postal mail/commercial delivery, please send four copies of your comment (an original and three copies) to: Docket No. 02-031-1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 02-031-1.

If you use e-mail, address your comment to *regulations@aphis.usda.gov.* Your comment must be contained in the body of your message; do not send attached files. Please include your name and address in your message and “Docket No. 02-031-1” on the subject line. You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays.

To be sure someone is there to help you, please call

(202)690-2817 before coming. APHIS documents published in the **Federal Register** , and related information, including the names of organizations and individuals who have commented on APHIS dockets, are available on the Internet at *http://www.aphis.usda.gov/ppd/rad/webrepor.html.* FOR FURTHER INFORMATION CONTACT: Mr. William J. Grefenstette, Assistant Director, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 138, Riverdale, MD 20737-1231;

(301)734-8676. SUPPLEMENTARY INFORMATION: Background The pink bollworm ( *Pectinophora gossypiella* (Saunders)) is a destructive cotton pest found throughout many of the cotton-growing regions of the world. The larvae of the pink bollworm feed inside growing cotton bolls, destroying the cotton. The regulations in Subpart—Pink Bollworm (7 CFR 301.52 through 301.52-10, referred to below as the regulations) contain quarantine restrictions aimed at preventing the spread of the pink bollworm. Section 301.52 contains, among other things, lists of quarantined States and regulated articles. These regulated articles include cotton, cotton seed, lint and linters, cotton waste, and other articles associated with cotton, as well as other commodities, such as kenaf and okra, on which the pink bollworm also feeds. These articles must meet specific certification, permitting or safeguarding requirements when moving between States or areas. Section 301.52-2a lists regulated areas, which are divided into two types, suppressive areas and generally infested areas. Section 301.52-3 outlines conditions governing the interstate movement of regulated articles from quarantined States. The State of Oklahoma has been listed in § 301.52 as a quarantined State and, in the list of regulated areas in § 301.52-2a, the entire State has been designated as a generally infested area. However, Statewide trapping surveys conducted over the last 2 years have shown Oklahoma to be free of pink bollworm. Areas found to be free of pink bollworm infestation for at least 2 years meet our standards for removal from lists of quarantined States and regulated areas. Because Oklahoma has been free of pink bollworm for at least 2 years, we are amending the regulations by removing Oklahoma from the lists of quarantined States in § 301.52 and regulated areas in § 301.52-2a. Miscellaneous In addition to the provisions of this interim rule discussed above, we are also making two nonsubstantive editorial changes to § 301.52-1 in this document. First, we are removing the paragraph designations from the definitions in that section for the sake of consistency with our other regulations in title 7, where the definitions are set out in alphabetical order without paragraph designations. Second, we are revising the footnote that appears in the definition of *Treatment manual* so that the footnote accurately describes the Plant Protection and Quarantine Treatment Manual's incorporation by reference. Immediate Action Immediate action is warranted to relieve restrictions on the interstate movement of regulated articles from Oklahoma that are no longer necessary. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule as a result of the comments. 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 process required by Executive Order 12866. We are amending the pink bollworm regulations by removing the State of Oklahoma from the lists of quarantined States in § 301.52 and regulated areas in § 301.52-2a. Statewide trapping surveys conducted over the last 2 years have shown that Oklahoma has been free of pink bollworm during that entire period and has, therefore, met our standards for removal from the lists cited above. This action will relieve restrictions on the interstate movement of regulated articles from Oklahoma that are no longer necessary. The entities most likely to be affected by this action are Oklahoma cotton producers. In 1997, there were 849 cotton farms in Oklahoma, which produced $50.89 million worth of cotton. 1 On average then, each farm produced approximately $60,000 worth of cotton. Under the guidelines of the Small Business Administration, a small cotton farm is described as having $750,000 or less in annual revenue. Approximately 99 percent of all cotton farms in Oklahoma in 1997 could be classified as small entities. 1 1997 Census of Agriculture. The largest quarantine-related expenses for small cotton growers in Oklahoma would have resulted from the treatment requirements that apply to used cotton harvesting, ginning, and oil mill equipment, cotton seed, and raw (non-ginned) cotton being moved interstate. These requirements appear to have had little economic effect; their removal should also have little effect. Cotton producers in Oklahoma have been required to clean their used cotton harvesting, ginning, or oil mill equipment if moving it interstate to a non-quarantined area. APHIS personnel in Oklahoma estimate that the average cost to have that equipment cleaned and cleared for interstate movement varies from $300 to $700 per machine. While no data are currently available, it is believed that very few cotton producers in Oklahoma incur these costs because very few move machinery out of the State. Cotton seed and raw cotton produced in a regulated area must be fumigated before being moved interstate to non-quarantined areas. Current costs to Oklahoma cotton producers for this fumigation are not available, due to the lack of interstate movement of cotton seed and raw cotton from Oklahoma over the last several years. The presence of more-than-adequate facilities within the State for processing cotton seed and ginning raw cotton means that producers do not need to move cotton seed or raw cotton across State lines for these purposes. In summary, removing Oklahoma from the lists of quarantined States and regulated areas for pink bollworm is expected to have little or no economic impact on small entities. Any effects that do occur will likely be positive. 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 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 interim rule contains no 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). § 301.52 [Amended] 2. In § 301.52, paragraph

(a)is amended by removing the word “Oklahoma,”. 3. In § 301.52-1, the paragraph designations are removed, and footnote 2 is revised to read as follows: § 301.52-1 Definitions. 2 The Plant Protection and Quarantine Treatment Manual is incorporated by reference at § 300.1 of this chapter. § 301.52-2a [Amended] 4. Section 301.52-2a is amended by removing the entry for Oklahoma. Done in Washington, DC, this 10th day of May, 2002. Peter Fernandez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-12250 Filed 5-15-02; 8:45 am]

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