Unknown. Temporary final rule

3,497 words·~16 min read·/register/2002/06/10/02-14520

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-06-10.xml --- 67 111 Monday, June 10, 2002 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Grants and cooperative agreements; availability, etc.: Tremolite asbestos exposure in vermiculite ore, 39725-39727 02-14452 Agricultural Agricultural Marketing Service PROPOSED RULES Cherries

(tart)grown in— Michigan et al., 39637-39639 02-14405 Pears (Winter) grown in— Oregon and Washington, 39634-39637 02-14404 NOTICES Grapefruit juice; grade standards, 39671 02-14454 Agriculture Agriculture Department See Agricultural Marketing Service See Federal Crop Insurance Corporation See Risk Management Agency See Rural Business-Cooperative Service Antitrust Antitrust Division NOTICES Agency information collection activities: Proposed collection; comment request, 39743-39744 02-14447 National cooperative research notifications: PCAD Venture Team, 39744 02-14402 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Traumatic Brain Injury Follow-up Registry and Surveillance in Emergency Department, 39727 02-14451 Children Children and Families Administration See Refugee Resettlement Office NOTICES Agency information collection activities: Proposed collection; comment request, 39727-39728 02-14464 Coast Guard Coast Guard RULES Ports and waterways safety: Chesapeake Bay, Hampton Roads, James River, VA; safety zone, 39600-39602 02-14521 Farallones Gulf, San Francisco, CA; JACOB LUCKENBACH oil removal; safety zone, 39598-39600 02-14522 Lake Macatawa Triathlon; Holland, MI; safety zone, 39597-39598 02-14520 NOTICES Meetings: Great Lakes Pilotage Advisory Committee, 39786 02-14516 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 02-14428 39674-39675 02-14429 Customs Customs Service NOTICES Organization, functions, and authority delegations: Office of Regulations and Rulings; change of address, 39787-39788 02-14462 Defense Defense Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 39696 02-14507 Drug Drug Enforcement Administration NOTICES Agency information collection activities: Proposed collection; comment request, 39744-39746 02-14444 02-14445 02-14446 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 02-14441 39696-39698 02-14527 Submission for OMB review; comment request, 39698 02-14528 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Metal coil surface coating, 39793-39828 02-12772 Air pollution control: State operating permits programs— Oregon, 39622-39628 02-13974 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Maine, 39628-39629 02-14487 Air quality implementation plans: Consolidated emissions reporting, 39602-39616 02-14037 Air quality implementation plans; approval and promulgation; various States: California, 39616-39619 02-14207 South Dakota, 39619-39621 02-14366 Clean Air Act: State operating permits programs— Oregon, 39630-39632 02-13972 PROPOSED RULES Air pollution control: State operating permits programs— Oregon, 39661 02-13975 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Maine, 39661-39662 02-14488 Air quality implementation plans; approval and promulgation; various States: California, 02-14208 39658-39660 02-14496 South Dakota, 39658-39659 02-14367 Clean Air Act: State operating permits programs— Oregon, 39662 02-13973 Hazardous waste: Municipal solid waste landfills; research, development, and demonstration permits, 39662-39668 02-14489 NOTICES Agency information collection activities: Proposed collection; comment request, 39712 02-14480 Reporting and recordkeeping requirements, 39712-39713 02-14485 Submission for OMB review; comment request, 39713-39718 02-14481 02-14482 02-14483 02-14484 02-14486 Meetings: Exposure Modeling Working Group, 39718-39719 02-14618 Organophosphate pesticide cumulative risk assessment; revised draft; technical briefing, 39719-39720 02-14617 Water pollution control: Marine discharges of vessel sewage, prohibition; petitions, etc.— New York, 39720-39722 02-14495 Water supply: Public water supply supervision program— Iowa, 39722 02-14210 Executive Executive Office of the President See Management and Budget Office See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Pratt & Whitney, 39640-39642 02-14251 FCC Federal Communications Commission RULES Common carrier services: Ultra-wideband transmission systems; marketing and operation of new products Correction, 39632 C2-14435 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 39722 02-14461 Federal Crop Federal Crop Insurance Corporation NOTICES Agency information collection activities: Proposed collection; comment request, 39671-39672 02-14407 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 39722 02-14676 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: MEP Investments, LLC, et al., 39707-39708 02-14412 Waterside Power, L.L.C., et al., 39709-39710 02-14413 Meetings: Midwest State-Federal Regional Workshop, 39710 02-14427 Meetings; Sunshine Act, 39710-39711 02-14590 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 39698-39699 02-14425 Atlanta Gas Light Co., 39699 02-14421 California Independent System Operator Corp., 39699 02-14470 Columbia Gas Transmission Corp., 39700 02-14415 02-14468 Columbia Gulf Transmission Co., 39700-39701 02-14420 Constellation Power Source, Inc. et al., 39701 02-14417 Gulf South Pipeline Co., LP, 39701 02-14423 Harrisburg, PA, 39701-39702 02-14471 Horizon Pipeline Co., L.L.C., 39702 02-14419 Natural Gas Pipeline Co. of America, 39702 02-14422 Ohio Valley Hub, LLC, 39702-39703 02-14466 Petal Gas Storage, L.L.C., 02-14414 39703 02-14424 PH Generating Statutory Trust B, 39704 02-14469 Reliant Energy Gas Transmission Co., 39704 02-14474 02-14475 Southern Natural Gas Co., 39704-39705 02-14426 Texas Eastern Transmission, LP, 39705 02-14473 Unocal Keystone Gas Storage, LLC, 39705-39706 02-14467 Virginia Electric & Power Co. Republication, 39706 R2-10658 Western Electricity Coordinating Council, 39706-39707 02-14416 Western Gas Interstate Co., 39707 02-14472 Williams Gas Pipelines Central, Inc., 39707 02-14418 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Suffolk County, NY, 39786-39787 02-14403 Federal Housing Federal Housing Finance Board RULES Agency regulations reorganization; technical amendments Correction, 39791 C2-5462 FMC Federal Maritime Commission NOTICES Complaint filed: Odyssea Stevedoring of Puerto Rico, Inc., 39722-39723 02-14411 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 39723 02-14396 Fish Fish and Wildlife Service PROPOSED RULES Marine mammals: Florida manatees; incidental take during specified activities; intent to prepare environmental impact statement, 39668-39670 02-14326 NOTICES Endangered and threatened species: Incidental take permits— Desert tortoise, 39737-39739 02-14397 Food Food and Drug Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 39728 02-14456 GSA General Services Administration NOTICES Acquisition regulations: U.S. Government Bill of Lading-Continuation Sheet (SF 1109) and U.S.Government Bill of Lading Correction Notice (SF-1200); correction, 39723 02-14509 U.S. Government Identification (OF 55); revision, 39723 02-14508 Agency information collection activities: Submission for OMB review; comment request, 39723-39724 02-14510 Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 39696 02-14507 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration NOTICES Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 39724-39725 02-14442 Industry Industry and Security Bureau NOTICES Computer technology and software eligible for export or reexport under license exception TSR, 39675-39676 02-14217 Interior Interior Department See Fish and Wildlife Service See Minerals Management Service IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 39788-39790 02-14502 02-14503 02-14504 02-14505 International International Trade Administration NOTICES Antidumping: Stainless steel butt-weld pipe and tube fittings from— Japan, 39676-39677 02-14514 Stainless steel plate in coils from— Italy, 39677-39681 02-14515 Welded large diameter line pipe from— Japan, 39682-39683 02-14513 Justice Justice Department See Antitrust Division See Drug Enforcement Administration PROPOSED RULES Privacy Act; implementation, 39837-39838 02-14614 NOTICES Agency information collection activities: Proposed collection; comment request, 39742-39743 02-14443 Pollution control; consent judgments: Catalina Furniture Co., Inc. and Capital Cabinet Corp., 39743 02-14401 Privacy Act: Systems of records, 02-14400 39838-39840, 39743 02-14615 Reports and guidance documents; availability, etc.: Motor vehicles; alternative fuel vehicle report, 39743 02-14399 Labor Labor Department See Mine Safety and Health Administration See Occupational Safety and Health Administration PROPOSED RULES Programs and activities receiving Federal financial assistance; nondiscrimination based on age, 39829-39836 02-14458 Management Management and Budget Office NOTICES Meetings: Performance Measurement Advisory Council, 39751 02-14639 Minerals Minerals Management Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 39739-39742 02-14476 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Consolidation Coal Co. et al., 39746-39747 02-14398 NASA National Aeronautics and Space Administration NOTICES Environmental statements; notice of intent: Pluto-Kuiper Express mission, 39748-39749 02-14409 Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 39696 02-14507 Meetings: Advisory Council Biological and Physical Research Advisory Committee, 39749-39750 02-14408 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 39729 02-14438 Patent licenses; non-exclusive, exclusive, or partially exclusive: Spectural Dimensions, Inc., 39729-39730 02-14440 Xanthus Life Sciences, 39730-39731 02-14439 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Whiting, 39632-39633 02-14539 NOTICES Grants and cooperative agreements; availability, etc.: Landscape characterization and restoration, integration and development, and outreach, coastal remote sensing and information resources, 39683-39695 02-14256 Safety of Life at Sea, 1974 International Convention: Nautical charts; identification of items meeting Convention definition; policy statement, 39695-39696 02-14015 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 39750 02-14616 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 39750-39751 02-14537 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 39747-39748 02-14436 02-14437 Office Office of Management and Budget See Management and Budget Office Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Child's Day (Proc. 7571), 39595-39596 02-14648 Public Public Health Service See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.: Individual development account programs for refugees, 39731-39737 02-14465 Risk Risk Management Agency NOTICES Agency information collection activities: Proposed collection; comment request, 39672-39673 02-14406 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities: Proposed collection; comment request, 39673 02-14538 SEC Securities and Exchange Commission PROPOSED RULES Securities: Reserves and custody, 39642-39646 02-14296 Security futures products: Broker-dealer confirmation requirements, 39647-39658 02-14294 NOTICES Agency information collection activities: Submission for OMB review; comment request, 39751-39752 02-14524 Security futures products: Broker-dealer disclosure requirements; temporary exemption, 39752-39753 02-14295 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 39753-39757 02-14432 Boston Stock Exchange, Inc., 39757-39758 02-14434 Chicago Board Options Exchange, Inc., 39758-39759 02-14430 National Association of Securities Dealers, Inc., 39759-39771 02-14139 02-14431 02-14523 Primex Auction System, 39771-39781 02-14433 *Applications, hearings, determinations, etc.:* Armstrong Holdings, Inc., 39752 02-14525 SBA Small Business Administration NOTICES Disaster loan areas: Illinois, 39781 02-14449 New York, 39781 02-14448 Social Social Security Administration NOTICES Social security acquiescence rulings: McDonald v. Bowen et al.; rescission, 39781-39782 02-14463 State State Department NOTICES Art objects; importation for exhibition: Benenson Gallery for African Art in the Development of the Arts of Africa, Oceania, and the Americas, 39782 02-14532 Genesis: Ideas of Origin in African Sculpture, 39782 02-14531 Glimpses of the Silk Road: Central Asia in the First Millenium A.D., 39782-39783 02-14530 Raphael and His Age: Drawings from the Palais des Beaux-Arts, Lille, 39783 02-14533 Meetings: Shipping Coordinating Committee, 39783-39784 02-14529 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Mental Health Services Center National Advisory Council, 39737 02-14460 SAMHSA National Advisory Council, 39737 02-14459 Surface Surface Transportation Board NOTICES Railroad services abandonment: Long Island Rail Road Co., 39787 02-14640 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 Federal Highway Administration See Surface Transportation Board NOTICES Agency information collection activities: Proposed collection; comment request, 02-14359 39784-39785 02-14360 Committees; establishment, renewal, termination, etc.: Airline Industry National Commission To Ensure Consumer Information and Choice, 39785-39786 02-14518 Treasury Treasury Department See Customs Service See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 39793-39828 02-12772 Part III Labor Department, 39829-39836 02-14458 Part IV Justice Department, 39837-39840 02-14614 02-14615 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. 67 111 Monday, June 10, 2002 Rules and Regulations DEPARTMENT OF TRANSPORTATION Coast Guard 33 CFR Part 165 [CGD09-02-026] RIN 2115-AA97 Safety Zone; Lake Macatawa Triathlon, Holland, MI AGENCY: Coast Guard, DOT. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for the Lake Macatawa Triathlon in Holland, Michigan. This safety zone is necessary to protect participants and spectators from potential hazards during a planned triathlon where the swimming portion will occur in Lake Macatawa. The safety zone is intended to restrict vessels from a portion of Lake Macatawa off Holland, Michigan. DATES: This rule is effective from 6:30 a.m. (local) to 12 p.m. (local), June 15, 2002. ADDRESSES: Comments and material received from the public, as well as documents indicated in this preamble as being available in the docket, are part of docket [CGD09-02-026] and are available for inspection or copying at Marine Safety Office Chicago, 215 W. 83rd Street, Suite D, Burr Ridge, Illinois 60527, between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: MST3 Kathryn Varela, U.S. Coast Guard Marine Safety Office Chicago, at

(630)986-2125. SUPPLEMENTARY INFORMATION: Regulatory Information We did not publish a notice of proposed rulemaking

(NPRM)for this regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM, and under 5 U.S.C. 553(d)(3), good cause exists for making this rule effective less than 30 days after publication in the **Federal Register** . The permit application was not received in time to publish an NPRM followed by a final rule before the necessary effective date. Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and participants during this event and immediate action is necessary to prevent possible loss of life or property. The Coast Guard has not received any complaints or negative comments with regard to this event. Background and Purpose This temporary safety zone is necessary to ensure the safety of participants and spectators from the hazards posed by triathlon swimmers in close proximity to vessel traffic. Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Chicago or the designated Patrol Commander. The designated Patrol Commander on scene may be contacted on VHF Channel 16. Regulatory Evaluation This rule is not a “significant regulatory action” under section 3(f) of Executive Order 12866, Regulatory Planning and Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. The Office of Management and Budget has not reviewed it under that Order. It is not “significant” under the regulatory policies and procedures of the Department of Transportation

(DOT)(44 FR 11040, February 26, 1979). The Coast Guard expects the economic impact of this proposal to be so minimal that a full Regulatory Evaluation under paragraph 10e of the regulatory policies and procedures of DOT is unnecessary. Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered whether this rule would have a significant economic impact on a substantial number of small entities. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities: the owners or operators of vessels intending to transit or anchor in a portion of Lake Macatawa from 6:30 a.m. to 12 p.m., June 15, 2002. This regulation would not have a significant economic impact for the following reasons. The regulation is only in effect on one day for only five and a half hours. The designated area is being established to allow for maximum use of the waterway for commercial vessels to enjoy the air show in a safe manner. In addition, commercial vessels transiting the area can transit around the area. The Coast Guard will give notice to the public via a Broadcast to Mariners that the rule is in effect. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 104-121), we offered to assist small entities in understanding the rule so that they could better evaluate its effects on them and participate in the rulemaking process. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Federalism We have analyzed this rule under Executive Order 13132, Federalism, and have determined that this rule does not have implications for federalism under that Order. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Environment We have considered the environmental impact of this rule and concluded that under figure 2-1, paragraph (34)(g), of Commandant Instruction M16475.lC, this rule is categorically excluded from further environmental documentation. A “Categorical Exclusion Determination” is available in the docket for inspection or copying where indicated under ADDRESSES . Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a “significant energy action” under that Order because it is not a “significant regulatory action” under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons set out in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1(g), 6.04-1, 6.04-6, 160.5; 49 CFR 1.46. 2. A new temporary § 165.T09-016 is added to read as follows: § 165.T09-016 Safety Zone; Lake Macatawa, Holland, MI.

(a)*Location.* The following area is a safety zone: the waters of Lake Macatawa off Dunton Park encompassed by a triangle starting at the Dunton Park dock; to the eastern buoy at 42°47.6′ N, 086°07.1′ W; to the western buoy at 42°47.626′ N, 086°07.283′ W; and back to the starting point (NAD 1983).

(b)*Effective date.* This section is effective from 6:30 a.m. (local) until 12 p.m. (local), on June 15, 2002. The designated Patrol Commander on scene may be contacted on VHF Channel 16.

(c)*Regulations.* This safety zone is being established to protect participants and spectators during a planned triathlon. In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Coast Guard Captain of the Port, Chicago, or the designated Patrol Commander. Dated: May 31, 2002. R.E. Seebald, Captain, U.S. Coast Guard, Captain of the Port Chicago. [FR Doc. 02-14520 Filed 6-7-02; 8:45 am]

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