Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-07-01.xml --- 67 126 Monday, July 1, 2002 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Apricots grown in— Washington, 44095-44097 02-16478 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See National Agricultural Library See Risk Management Agency Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products;

Bovine spongiform encephalopathy; disease status change— Poland, 44016-44018 02-16422 PROPOSED RULES Exportation and importation of animals and animal products: Standards for permanent, privately owned horse quarantine facilities, 44097-44111 02-16337 Centers Centers for Medicare & Medicaid Services RULES Medicare: Hospital inpatient rehabilitation facilities prospective payment system; correction, 44073-44077 02-16476 Coast Guard Coast Guard RULES Ports and waterways safety:

Cook Inlet, AK; security zone, 44057-44059 02-16394 Georgetown Channel, Potomac River, DC; security zone, 44059-44061 02-16524 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act: Fees for review of the rule enforcement programs of contract markets and registered futures association, 44036-44037 02-16201 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Basic Energy Sciences Advisory Committee, 44185 02-16446 Environmental Management Site-Specific Advisory Board— Savanah River, SC, 44185-44186 02-16447 Engraving Engraving and Printing Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 44264 02-16414 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: California, 44062-44065 02-16361 Maryland, 44061-44062 02-16035 Utah, 44065-44069 02-16458 Hazardous waste program authorizations:

Idaho, 44069-44073 02-16465 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 44127-44132 02-16362 02-16463 NOTICES Agency information collection activities: Proposed collection; comment request, 44196-44197 02-16464 Submission for OMB review; comment request, 44197-44199 02-16479 Meetings: Environmental Policy and Technology National Advisory Council, 44199 02-16462 Scientific Advisory Board, 44200 02-16459 Reports and guidance documents; availability, etc.:

Federal Agency Hazardous Waste Compliance Docket, 44200-44213 02-16460 Superfund program: Toxic chemical release reporting; community-right-to-know Collection activity; renewal information, 44213-44216 02-16466 Farm Farm Service Agency RULES Program regulations: Guaranteed loans; collecting loss payments, 44015-44016 02-16474 FAA Federal Aviation Administration RULES Airworthiness directives: Air Tractor, Inc., 44024-44027 02-15937 de Havilland, 44028-44030 02-16306 Honeywell, Inc., 44030-44032 02-16307 Airworthiness standards:

Special conditions— Airbus Model A340-500 and 600 series airplanes, 44018-44024 02-16386 IFR altitudes, 44033-44036 02-16501 PROPOSED RULES Airworthiness directives: Boeing, 44116-44119 02-16406 McDonnell Douglas, 44119-44124 02-16407 Airworthiness standards: Special conditions— Boeing Model 747-400 series airplanes, 44111-44116 02-16500 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Rural high-cost universal service;

Multi-Association Group plan, 44079-44083 02-16444 NOTICES Agency information collection activities: Submission for OMB review; comment request, 44216 02-16445 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 44216 02-16672 Federal Emergency Federal Emergency Management Agency RULES National Flood Insurance Program: Noncompliance; suspension of community eligibility, 44077-44079 02-16424 NOTICES Disaster assistance: Cerro Grande fire assistance, 44216-44217 02-16423 Meetings:

Federal Radiological Preparedness Coordinating Committee, 44217 02-16425 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities: Proposed collection; comment request, 44186-44188 02-16486 Environmental statements; notice of intent: Texas Eastern Transmission, LP, 44192-44194 02-16483 Hydroelectric applications, 44194-44195 02-16488 Meetings: AES Ocean Express, LLC, Broward Co., FL; technical conference, 44195 02-16481 National Register of Historic Places:

Programmatic agreement for managing properties; restricted service list— New York Power Authority, 44195-44196 02-16487 *Applications, hearings, determinations, etc.:* Ameren Services Co., et al., 44188 02-16484 Auburndale Peaker Energy Center, L.L.C., 44188 02-16485 College Station, TX, 44188-44189 02-16496 02-16497 Enbridge Pipelines (KPC), 44189-44190 02-16489 Florida Gas Transmission Co., 44190 02-16495 Kern River Gas Transmission Co., 44190 02-16493 Nautilus Pipeline Co., L.L.C., 44190-44191 02-16490 Northern Natural Gas Co., 44191 02-16494 Transwestern Pipeline Co., 44191-44192 02-16491 WestGas InterState, Inc., 44192 02-16492 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 44217-44218 02-16415 Federal Transit Federal Transit Administration RULES Rail fixed guideway systems; State safety oversight: Accident; term and definition replaced by “major incident”, Withdrawn, 44091-44092 02-16627 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Interest rates: Renegotiation Board and prompt payment rates, 44264 02-16602 Surety companies acceptable on Federal bonds: Acadia Insurance Co. et al., 44293-44341 02-16395 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.:

Medical devices, cardiac ablation catheters generic arrhythmia indications for use, 44218-44219 02-16449 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Illinois— North American Lighting, Inc.; automotives lighting products manufacturing facilities, 44172 02-16511 Ohio; correction, 44265 C2-15343 Texas— Williams Terminals Holdings, L.P.; petroleum products storage terminal, 44172 02-16510 Forest Forest Service NOTICES Environmental statements; notice of intent:

Lewis and Clark National Forest, MT, 44167-44168 02-16420 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Grant and cooperative agreement awards: Louisville, University of; National Resource Center on Child Welfare Training and Evaluation, 44218 02-16419 Meetings: President's Council on Bioethics, 44218 02-16480 Housing Housing and Urban Development Department NOTICES Agency information collection activities:

Proposed collection; comment request, 02-16517 44229-44230 02-16518 02-16519 Submission for OMB review; comment request, 44230-44231 02-16520 Mortgagee Review Board; administrative actions, 44231-44234 02-16515 Organization, functions, and authority delegations: General Counsel's redelegation of Fair Housing Act authority, 44234 02-16516 Immigration Immigration and Naturalization Service RULES Nonimmigrant classes: Student and Exchange Visitor Information System— Preliminary enrollment; eligibility requirements, 44343-44347 02-16676 Indian Indian Affairs Bureau NOTICES Indian tribes, acknowledgement of existence determinations, etc.:

Eastern Pequot and Paucatuck Eastern Pequot Tribes, CT, 44234-44240 02-16625 Interior Interior Department See Indian Affairs Bureau See Minerals Management Service International International Trade Administration NOTICES Antidumping: Cut-to-length carbon steel plate from— Ukraine, 44174 02-16506 Polyethylene terephthalate film, sheet, and strip (PET film) from— India, 44175-44177 02-16513 Taiwan, 44174-44175 02-16508 Tin mill products from— Japan, 44177-44179 02-16505 Antidumping and countervailing duties:

Administrative review requests, 44172-44174 02-16512 Countervailing duties: Polethylene terephthalate film, sheet, and strip (PET film) from— India, 44179-44180 02-16509 *Applications, hearings, determinations, etc.:* Stainless steel flanges from— India, 44179 02-16507 International International Trade Commission NOTICES Import investigations: Garage door operators including components thereof, 44241 02-16475 Justice Justice Department See Immigration and Naturalization Service Labor Labor Department See Occupational Safety and Health Administration Maritime Maritime Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 44259 02-16470 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Decommissioning activities Correction, 44265-44267 C2-11640 NOTICES Outer Continental Shelf; protraction diagrams, availability, 44240-44241 02-16448 National National Agricultural Library NOTICES Agency information collection activities: Proposed collection; comment request, 44168 02-16418 National Credit National Credit Union Administration PROPOSED RULES Credit unions:

Investment and deposit activities— Revisions and clarifications, 44269-44292 02-16087 National Highway National Highway Traffic Safety Administration RULES Motor vehicle theft prevention standard: Passenger motor vehicle theft data (2003 CY), 44085-44091 02-16472 Organization, functions, and authority delegations, 44083-44085 02-16523 NOTICES Motor vehicle safety standards; exemption petitions, etc.: Isuzu, 44259-44261 02-16471 NIH National Institutes of Health NOTICES Agency information collection activities:

Submission for OMB review; comment request, 44219-44220 02-16429 Meetings: National Cancer Institute, 02-16430 44220-44221 02-16431 02-16432 National Human Genome Research Institute, 02-16426 44221-44222 02-16427 02-16428 National Institute of Child Health and Human Development, 44223 02-16436 02-16440 National Institute of Diabetes and Digestive and Kidney Diseases, 44223-44224 02-16441 National Institute of Mental Health, 02-16434 44222-44223 02-16435 National Institute of Neurological Disorders and Stroke, 44222 02-16433 Scientific Review Center, 02-16438 02-16439 02-16442 44224-44229 02-16443 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Salmon; correction, 44093-44094 02-16382 Marine mammals: Incidental taking— Atlantic Large Whale Take Reduction Plan, 44092-44093 02-16537 PROPOSED RULES Endangered and threatened species: Southern resident killer whales, 44133-44138 02-16526 Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies, 44139-44166 02-16266 Marine mammals: Taking and importation— Eastern North Pacific Southern Resident killer whales, 44132-44133 02-16528 NOTICES Marine mammals:

Incidental taking; authorization letters, etc.— Navy Department; San Nicolas Island, CA; missile launch operations, 44180-44185 02-16527 Meetings: North Pacific Fishery Management Council, 44185 02-16529 Nuclear Nuclear Regulatory Commission NOTICES Certificates of compliance: United States Enrichment Corp.— Paducah Gaseous Diffusion Plant, KY, 44242-44244 02-16452 Portsmouth Gaseous Diffusion Plant, OH, 44244-44245 02-16453 Environmental statements; availability, etc.: Peach Bottom Atomic Power Station, PA, 44245-44246 02-16451 Meetings;

Sunshine Act, 44246 02-16626 Nuclear waste and spent fuel shipments: Governors’ designees receiving advanced notification; list, 44247-44250 02-16450 Occupational Occupational Safety and Health Administration RULES Occupational injuries and illnesses; recording and reporting requirements, 44037-44048 02-16392 PROPOSED RULES Occupational injuries and illnesses; recording and reporting requirements Effective date delay; comments request, 44124-44127 02-16393 NOTICES Agency information collection activities:

Proposed collection; comment request, 44241-44242 02-16469 Personnel Personnel Management Office NOTICES Personnel management demonstration projects: Defense Department; civilian acquisition workforce project, 44250-44256 02-16603 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Food and Drug Administration See National Institutes of Health Risk Risk Management Agency NOTICES Grants and cooperative agreements; availability, etc.: Research partnerships for risk management development and implementation, 44168-44171 02-16502 SEC Securities and Exchange Commission NOTICES *Applications, hearings, determinations, etc.:* American Stock Exchange LLC, 44256 02-16457 Pacific Exchange, Inc., 44256-44257 02-16454 SBA Small Business Administration NOTICES Disaster loan areas:

Arizona, 44257 02-16522 Minnesota, 44257 02-16521 Surface Surface Transportation Board NOTICES Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 44261 02-16456 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Agency information collection activities: Submission for OMB review; comment request, 44257-44258 02-16473 Aviation proceedings:

Agreements filed; weekly receipts, 44258 02-16503 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 44258-44259 02-16514 Treasury Treasury Department See Engraving and Printing Bureau See Fiscal Service RULES Currency and foreign transactions; financial reporting and recordkeepng requirements: Bank Secrecy Act; implementation— Suspicious transactions; brokers and dealers reporting requirements, 44048-44057 02-16416 NOTICES Organization, functions, and authority delegations:

Deputy Secretary, et al., 44261-44264 02-16405 Separate Parts In This Issue Part II National Credit Union Administration, 44269-44292 02-16087 Part III Treasury Department, Fiscal Service, 44293-44341 02-16395 Part IV Justice Department, Immigration and Naturalization Service, 44343-44347 02-16676 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. 67 126 Monday, July 1, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 762 RIN 0560-AG44 Collecting Guaranteed Loss Payments From FSA Farm Loan Program Borrowers AGENCY:

Farm Service Agency, USDA. ACTION: Final rule. SUMMARY: This action revises the regulations governing the Farm Service Agency's

(FSA)guaranteed farm loan programs by adding a provision clarifying that any amounts paid by FSA on account of the liabilities of the guaranteed loan borrower will constitute a Federal debt owing to FSA by the guaranteed loan borrower. FSA may use all remedies available to it, including offset under the Debt Collection Improvement Act of 1996, to collect the debt from the borrower. This action will affect only those guaranteed loan borrowers after a final loss claim is paid by FSA to the lender from whom they received a guaranteed loan. DATES: This rule is effective on July 1, 2002. FOR FURTHER INFORMATION CONTACT: Polly M. Anderson, Senior Loan Officer, Farm Service Agency; telephone: 202-720-2558; Facsimile: 202-690-1196; E-mail: *Polly_Anderson@wdc.fsa.usda.gov* SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be significant and was reviewed by the Office of Management and Budget under Executive Order 12866. Regulatory Flexibility Act The Agency certifies that this rule will not have a significant economic effect on a substantial number of small entities, because it does not require actions on the part of the borrower or the lenders. The Agency, therefore, is not required to perform a Regulatory Flexibility Analysis as required by the Regulatory Flexibility Act, Public Law 96-534, as amended (5 U.S.C. 601). This rule does not impact small entities to a greater extent than large entities. Environmental Impact Statement It is the determination of FSA that this action is not a major Federal action significantly affecting the environment. Therefore, in accordance with the National Environmental Policy Act of 1969, Pub. L. 91-190, and 7 CFR part 1940, subpart G, an Environmental Impact Statement is not required. Executive Order 12988 This rule has been reviewed in accordance with E.O. 12988, Civil Justice Reform. In accordance with that Executive Order:

(1)All State and local laws and regulations that are in conflict with this rule will be preempted;

(2)no retroactive effect will be given to this rule except that Agency servicing under this rule will apply to loans guaranteed prior to the effective date of the rule and

(3)administrative proceedings in accordance with 7 CFR part 11 must be exhausted before requesting judicial review. Executive Order 12372 For reasons contained in the Notice related to 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983) the programs and activities within this rule are excluded from the scope of Executive Order 12372, which requires intergovernmental consultation with state and local officials. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4, requires Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments or the private sector. Agencies generally must prepare a written statement, including a cost benefit assessment, for proposed and final rules with “Federal mandates” that may result in expenditures of $100 million or more in any 1 year for state, local, or tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates, as defined by title II of the UMRA, for State, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132 The policies contained in this rule do not have any substantial direct effect on states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on state and local governments. Therefore, consultation with the states is not required. Paperwork Reduction Act The amendments to 7 CFR part 762 contained in this rule require no revisions to the information collection requirements that were previously approved by OMB under control number 0560-0155. Federal Assistance Program These changes affect the following FSA programs as listed in the Catalog of Federal Domestic Assistance: 10.406—Farm Operating Loans 10.407—Farm Ownership Loans Discussion of the Final Rule This rule clarifies the policy of the Farm Service Agency Farm Loan Programs concerning the statutory mandate imposed on the Agency by the Debt Collection Improvement Act of 1996 (31 U.S.C. 3716) (DCIA). Section 3701 of 31 U.S.C. defines “claim” or “debt” in part to include funds owed on account of loans guaranteed by the government. This rule puts guaranteed borrowers on notice that FSA will attempt to collect from guaranteed borrowers through Treasury Offset and any other available remedies when a final loss claim is paid to a guaranteed lender. The Federal Claims Collection Act of 1966 (Act), (31 U.S.C. 3711 et seq.) provides for the use of administrative, salary, and Internal Revenue Service

(IRS)offsets by Government agencies to collect delinquent Federal debts. Any money that is or may become payable from the United States to an individual or entity indebted to FSA may be offset for the collection of a debt owed to FSA. In addition, money may be collected from the debtor's retirement payments for delinquent amounts owed to the Agency if the debtor is an employee or retiree of a Federal agency, the U.S. Postal Service, the Postal Rate Commission, or a member of the U.S. Armed Forces or the Reserve. Current regulations published in 7 CFR part 762, do not discuss whether amounts paid by the Agency on guaranteed final loss claims are considered Federal debts. This rule is consistent with the Act and clarifies that a Federal debt is established when a guaranteed final loss claim is paid. The Agency will offset all payments available in accordance with 31 U.S.C. 3716 and 7 CFR part 1951, subpart C. Federal Crop Insurance indemnity payments are prohibited from offset under section 509 of the Federal Crop Insurance Act (7 U.S.C. 1509). FSA also will not offset environmental cost-share assistance payments for establishment costs that are made for newly enrolled FSA Conservation Reserve Program acres or in other situations not in the best interests of the Government. FSA's current policy for direct loan debt collections will be used for collection of Federal debt arising from guaranteed loans. Some borrowers have established corporations, partnerships and other entities to avoid offsets and to circumvent other Agency regulations. Offset will be taken against the borrower's pro rata share of entity payments pursuant to 7 CFR 792.7(l), 1403.7(q), and 1951.106. A Federal debt cannot be established on debts discharged in bankruptcy. In a reorganization bankruptcy, a borrower will not be offset even when a final loss claim is paid provided the borrower successfully completes the confirmed plan. If a borrower's debt is discharged in a Chapter 7 bankruptcy, offset will not be pursued when the final loss claim is paid. The Agency has revised its guaranteed loan application forms to include the applicant's certification and acknowledgment that any amounts paid by FSA on account of liabilities of the guaranteed loan borrower will constitute a Federal debt to FSA. The forms provide direct notice to interested applicants of FSA's debt collection policy and memorialize their understanding and acknowledgment of FSA's collection policy. The guaranteed farm loan program has been in existence since 1973. Currently, there are 40,559 guaranteed farm loan borrowers with 67,540 loans. Approximately 1,200 loss claims are paid on guaranteed loans per year. Approximately 100 of the 1,200 loans are discharged in bankruptcy, leaving about 1,100 loans that could be considered for offset and other collection methods. Sixty days after a final loss claim is paid, Agency loan officials will notify the guaranteed borrowers with a Notice of Intent to Collect by Administrative Offset that any FSA payment that they may be scheduled to receive will be offset. The notice will advise such borrowers of their options to either pay the claim off, relinquish some or all of the payment to FSA, or seek administrative review or appeal. This rule is not published for notice and comment because it implements statutory and regulatory provisions which are binding on the Agency. Since the Agency does not have discretion in this matter, public comment would not be able to affect the provisions of the rule. Therefore the rule is published as final and effective upon publication. List of Subjects in 7 CFR Part 762 Agriculture, Loan programs—Agriculture. Accordingly, 7 CFR chapter VII is amended as follows: PART 762—GUARANTEED FARM LOANS 1. The authority citation for part 762 continues to read as follows: Authority: 5 U.S.C. 301, 7 U.S.C. 1989. 2. Amend § 762.149 by adding paragraph (m), to read as follows: § 762.149 Liquidation.

(m)*Establishment of Federal debt.* Any amounts paid by the Agency on account of liabilities of the guaranteed loan borrower will constitute a Federal debt owing to the Agency by the guaranteed loan borrower. In such case, the Agency may use all remedies available to it, including offset under the Debt Collection Improvement Act of 1996, to collect the debt from the borrower. Interest charges will be established at the note rate of the guaranteed loan on the date the final loss claim is paid. Signed in Washington, DC, on June 25, 2002. James R. Little, Administrator, Farm Service Agency. [FR Doc. 02-16474 Filed 6-28-02; 8:45 am]

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