Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-07-02.xml --- 67 126 Tuesday, July 2, 2002 Contents AID Agency for International Development NOTICES Agency information collection activities: Proposed collection; comment request, 44418-44419 02-16589 02-16664 Agricultural Agricultural Marketing Service RULES Practice and procedure: Research, promotion, and information programs; proceedings, 44349-44351 02-16477 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service See Natural Resources Conservation Service See Rural Utilities Service Army Army Department NOTICES Environmental statements; availability, etc.:

Army transformation actions and activities, 44427-44428 02-16647 Dugway Proving Ground, UT; future programs activities, 44428 02-16648 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 44464-44465 02-16674 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Coast Guard Coast Guard RULES Ports and waterways safety:

Detroit River, MI; safety zone, 44367-44369 02-16631 Port of New York and New Jersey; safety zones, 44364-44367 02-16630 Puget Sound, WA; Naval Submarine Base Bangor; security zone, 44362-44364 02-16629 Saginaw River, MI; safety zone, 44360-44362 02-16628 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Army Department See Navy Department NOTICES Privacy Act:

Systems of records, 44426-44427 02-16665 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 02-16546 44429-44430 02-16547 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.: Energy America LLC, 44430-44431 02-16640 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Portland cement manufacturing industry, 44371-44372 02-16642 Air quality implementation plans; approval and promulgation; various States:

Arizona, 44369-44371 02-16271 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Louisiana, 44410-44416 02-16461 NOTICES Agency information collection activities: Submission for OMB review; comment request, 44452 02-16645 Air pollutants, hazardous; national emissions standards: Hazardous waste combustors; data availability, 44452-44460 02-16643 Water pollution control: National pollutant discharge elimination system (NPDES)— Region VIII; facilities/operations that generate, treat, and/or dispose of sewage sludge by land application, landfill, and surface disposal; general permit, 44460-44462 02-16272 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:

Avions Mudry, 44404-44407 02-16533 SOCATA-Groupe Aerospatiale, 44401-44403 02-16532 NOTICES Grants and cooperative agreements; availability, etc.: Flightcrew compartment doors, mandatory security modifications; reimbursement for costs incurred by passenger and cargo carrying operators, 44496-44497 02-16499 Meetings: Aviation Rulemaking Advisory Committee, 44497-44498 02-16646 FDIC Federal Deposit Insurance Corporation RULES Agency reorganization; nomenclature changes, 44351-44352 02-16604 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

Arizona, 44462 02-16600 Minnesota, 44463 02-16599 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Progress Energy Inc., et al., 44444-44445 02-16559 Hydroelectric applications, 44445-44450 02-16613 02-16619 02-16620 Meetings: ANR Pipeline Co.; technical conference, 44450 02-16622 Gulf South Pipeline Co, L.P.; pre-certification site visit, 44450 02-16607 Upper Utica, Utica, and Angels Projects, CA; environmental assessment discussion, 44450 02-16618 National Register of Historic Places:

Programmatic agreement for managing properties; restricted service list— GNE, LLC, 44451-44452 02-16614 New York Power Authority, 44451 02-16612 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co. et al., 44431 02-16606 Ameren Services Co., 44431-44432 02-16556 02-16558 American Transmission Co. LLC, 44432 02-16611 Aquila Merchant Services, Inc., 44432 02-16552 Astoria Generating Co., L.P. et al., 44432 02-16564 California Independent System Operator Corp., 44433 02-16549 02-16567 Central Vermont Public Service Corp. et al., 44433 02-16561 Chandeleur Pipe Line Co., 44434 02-16621 College Station, TX, 44434 02-16575 Discovery Gas Transmission, LLC, 44434-44435 02-16605 Duke Energy Moapa, LLC, 44435 02-16562 Florida Power & Light Co., 44435 02-16551 Fresno Cogeneration Partners, L.P., 44435-44436 02-16565 Hackberry LNG Terminal, L.L.C., 44436-44437 02-16608 Hartford Power Sales, L.L.C., 44437 02-16570 Louisville Gas & Electric Co., 44437-44438 02-16568 New York Independent System Operator, Inc., 02-16550 44438 02-16566 Northern Border Pipeline Co., 44438-44439 02-16624 Northern Natural Gas Co., 44439 02-16623 Petal Gas Storage, L.L.C., 44439-44440 02-16609 PJM Interconnection, L.L.C., 44440-44441 02-16563 02-16573 PPL Electric Utilities Corp., 44441-44442 02-16553 02-16555 South Carolina Electric & Gas Co., 44442 02-16560 Southern California Edison Co., 44442-44443 02-16571 02-16572 Williams Gas Pipelines Central, Inc., 44443-44444 02-16610 Wisconsin Electric Power Co., 44444 02-16569 Xcel Energy Services, Inc., 44444 02-16574 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 44463 02-16582 Formations, acquisitions, and mergers, 44463 02-16583 Permissible nonbanking activities, 44463-44464 02-16581 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Carolina heelsplitter, 44501-44522 02-16580 Mountain yellow-legged frog, 44382-44392 02-16371 San Diego ambrosia, 44372-44382 02-16370 NOTICES Environmental statements; notice of intent: Detroit River International Wildlife Refuge;

MI, 44471 02-16576 Meetings: Battle of Midway National Memorial Advisory Committee, 44471-44472 02-16679 Food Food and Drug Administration NOTICES Meetings: National Center for Toxicological Research Science Advisory Board, 44465 02-16588 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— North Central Idaho, 44419 02-16548 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Inspector General Office, Health and Human Services Department See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program:

Petitions received, 44465-44468 02-16591 Indian Indian Affairs Bureau RULES Law and order on Indian Reservations: Santa Fe Indian School property; Court of Indian Offenses establishment, 44353-44355 02-16635 Transportation Equity Act for 21st Century; implementation: Indian Reservation Roads funds; 2002 FY funds distribution, 44355-44357 02-16636 Industry Industry and Security Bureau NOTICES National Defense Stockpile: Proposed disposal of excess commodities; market impact, 44422-44423 02-16641 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 44468-44470 02-16217 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service International International Trade Administration NOTICES *Applications, hearings, determinations, etc.:* National Renewable Energy Laboratory et al., 44423 02-16657 Thomas Jefferson University et al., 44423 02-16658 University of— Saskatchewan et al., 44424 02-16656 Vanderbilt University et al., 44424-44425 02-16654 Labor Labor Department See Pension and Welfare Benefits Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 44473-44474 02-16597 Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Grand Staircase-Escalante National Monument Advisory Committee, 44472-44473 02-16578 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Exploration under salt sheets; operations suspension, 44357-44360 02-16633 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:

Humanities National Council, 44476-44477 02-16650 Humanities Panel, 44477 02-16652 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Child resistant systems— Improved test dummies, updated test procedures, new or revised injury criteria, and extended child restraints standards, 44416-44417 02-16632 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 44392-44395 02-16584 PROPOSED RULES Ocean and coastal resource management:

Coastal Zone Management Act Federal consistency regulations, 44407-44410 02-16417 NOTICES Committees; establishment, renewal, termination, etc.: International Dolphin Conservation Program; expert panels, 44425 02-16538 Ocean and coastal resource management: Marine sancturaries— Stellwagen Bank National Marine Sanctuary, MA, 44425-44426 02-16651 Permits: Scientific research, 44426 02-16601 National Science National Science Foundation NOTICES Agency information collection activities:

Submission for OMB review; comment request, 44477-44478 02-16649 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Tobesofkee Creek Watershed, GA, 44419-44421 02-16412 02-16413 Environmental statements; notice of intent: Logan and Scott Counties, AR; water supply project, 44421 02-16577 Meetings: Agricultural Air Quality Task Force, 44421-44422 02-16634 Navy Navy Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Bioforce Nanosciences, Inc., 44428-44429 02-16587 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 44478 02-16638 Regulatory guides; issuance, availability, and withdrawal, 44478-44479 02-16637 Pension Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Proposed collection; comment request, 44474 02-16598 Meetings: Employee Welfare and Pension Benefit Plans Advisory Council, 44475-44476 02-16592 02-16595 Personnel Personnel Management Office NOTICES Excepted service:

Schedules A, B, and C; positions placed or revoked— Update, 44479-44481 02-16468 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration RUS Rural Utilities Service PROPOSED RULES Electric loans: Construction and procurement; standard contract forms; revision, 44396-44401 02-16278 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 44486-44487 02-16660 International Securities Exchange LLC, 44487-44488 02-16542 National Association of Securities Dealers, Inc., 44488-44492 02-16540 02-16545 New York Stock Exchange, Inc., 44492-44494 02-16544 Pacific Exchange, Inc., 44494-44495 02-16541 *Applications, hearings, determinations, etc.:* Eaton Vance Income Fund of Boston, et al., 44481-44486 02-16659 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 44495 02-16536 State State Department RULES International Traffic in Arms regulations:

General policies and provisions; list of proscribed destinations; Afghanistan, 44352 02-16504 NOTICES Agency information collection activities: Submission for OMB review; comment request, 44495-44496 02-16653 Export-Import Bank Act of 1945; approvals and disapprovals; determinations: Venezuela, 44496 02-16655 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: President's New Freedom Commission on Mental Health, 44471 02-16733 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Pemiscot County Port Authority, 44498 02-16455 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department NOTICES Agency information collection activities: Proposed collection; comment request, 44498-44499 02-16585 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 44501-44522 02-16580 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. 67 127 Tuesday, July 2, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1200 [FV-02-709] Rules of Practice and Procedure Governing Proceedings Under Research, Promotion, and Education Programs AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)of the United States Department of Agriculture

(USDA)is amending the Rules of Practice and Procedure Governing Proceedings under Research, Promotion, and Education Programs to make the headings for Part 1200 and its subparts more reflective of the programs covered by them; to delete inapplicable statutes from one subpart and to add three statutes to the other subpart; to redesignate subpart headings; to arrange the definitions in each subpart in alphabetical order; and to remove an incorrect citation. This rule also makes several minor and non-substantive changes for clarity and uniformity of style. These changes will make the rules of practice more accurate and easier to follow. EFFECTIVE DATE: July 3, 2002. FOR FURTHER INFORMATION CONTACT: Martha Ransom, Chief, Research and Promotion Branch, F&V, AMS, USDA, Stop 0244, 1400 Independence Avenue, SW, Room 2535-S, Washington, DC 20250-0244, telephone

(202)720-9915, fax

(202)205-2800, e-mail *martha.ransom@usda.gov.* SUPPLEMENTARY INFORMATION: Executive Orders 12866 and 12988 This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by OMB. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative proceedings which must be exhausted before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 *et seq.* ]. Background Prior to 1995, 7 CFR part 1200 contained generic rules of practice and procedure governing promulgation proceedings under various research, promotion, and information programs. Each individual program contained its own separate subpart containing rules of practice governing petition proceedings. On July 20, 1995 [60 FR 37326], the duplicative, program-specific rules of practice for petition proceedings were consolidated into a subpart of Part 1200, and the subpart was entitled Rules of Practice Governing Proceedings on Petitions to Modify or to be Exempted from Research, Promotion, and Education Programs. Subsequently, on March 11, 2002 [67 FR 10827], the rules of practice on promulgation and petition proceedings were amended by a final rule to make a number of changes to expedite proceedings and save the United States and those who participate in the proceedings time and money. The rules of practice for promulgation proceedings apply to programs issued under the Cotton Research and Promotion Act, as amended [7 U.S.C. 1201-2118], the Egg Research and Consumer Information Act [7 U.S.C. 2701-2718], the Potato Research and Promotion Act, as amended [7 U.S.C. 2611-2627], and the Pork Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819]. However, several other statutes were inadvertently listed in these rules of practice. Therefore, this rule deletes the inapplicable statutes. The list of applicable statutes in the rules of practice for petition proceedings also needs to be revised to add three statutes that were enacted after 1995. These statutes were inadvertently omitted from the March 2002 final rule. The statutes are the Commodity Promotion, Research, and Information Act of 1996 [7 U.S.C. 7411-7425], the Hass Avocado Promotion, Research, and Information Act of 2000 [7 U.S.C. 7801-7813], and the Popcorn Promotion, Research, and Consumer Information Act [7 U.S.C. 7481-7491]. Therefore, this rule adds these statutes to the list of statutes to which the rules of practice for petition proceedings apply. In addition, part 1200 and the subpart covering the rules of practice governing petition proceedings have used the term “research, promotion, and education programs” whereas a more accurate description of the nature and purpose of the programs is research, promotion, and information. Therefore, this rule changes “education” to “information” in the titles of Part 1200 and the petition proceedings. It has been determined that the subparts in part 1200 should be designated Subpart A and Subpart B and that the definitions in each subpart should be arranged in alphabetical order. These changes will make Part 1200 and the rules of practice easier to identify and follow. Therefore, this rule also makes these changes. Further, this rule removes an incorrect citation in § 1200.51(h) and makes a number of minor and non-substantive changes for clarity and uniformity of style. The provisions of the Administrative Procedure Act concerning notice and opportunity for comment on agency rulemaking [5 U.S.C. 553] do not apply to the promulgation of agency rules of practice. Accordingly, this action is made effective one day after publication in the **Federal Register** . Furthermore, no substantive rule change is involved. List of Subjects in 7 CFR Part 1200 Administrative practice and procedure, Advertising, Blueberries, Consumer information, Cotton, Dairy, Eggs, Fluid Milk, Honey, Marketing agreements, Mushrooms, Peanuts, Popcorn, Pork, Potatoes, Promotion, Reporting and recordkeeping requirements, Soybeans, Watermelons. PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND EDUCATION PROGRAMS 1. The heading for part 1200 is revised to read as follows: PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS 2. Subpart—Rules of Practice and Procedure Governing Proceedings to Formulate and Amend an Order is redesignated as subpart A: Subpart A—Rules of Practice and Procedure Governing Proceedings to Formulate and Amend an Order. 3. The authority citation for redesignated Subpart A is added to read as follows: Authority: 7 U.S.C. 2103, 2614, 2704, and 4804. 4. Section 1200.2 is revised to read as follows: § 1200.2 Definitions.

(a)The term *Act* means the Cotton Research and Promotion Act, as amended [7 U.S.C. 2101-2119]; the Egg Research and Consumer Information Act, as amended [7 U.S.C. 2701-2718]; the Pork Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819]; and the Potato Research and Promotion Act, as amended [7 U.S.C. 2611-2627].

(b)*Administrator* means the Administrator of the Agricultural Marketing Service or any officer or employee of the Department to whom authority has been delegated or may hereafter be delegated to act for the Administrator.

(b)*Board* means the board or council established by the order to administer the program.

(c)*Department* means the U.S. Department of Agriculture.

(d)**Federal Register** means the publication provided for by the **Federal Register** Act, approved July 26, 1935 [44 U.S.C. 1501-1511], and acts supplementing and amending it.

(e)*Hearing* means that part of the proceeding which involves the submission of evidence.

(f)*Judge* means any administrative law judge appointed pursuant to 5 U.S.C. 3105 and assigned to conduct the hearing.

(g)*Hearing* means that part of the proceeding that involves the submission of evidence.

(h)*Hearing clerk* means the Hearing Clerk, U.S. Department of Agriculture, Washington, D.C.

(i)*Order* means any order or any amendment thereto which may be issued pursuant to the Act. The term *order* shall include plans issued under the Acts listed in paragraph

(a)of this section.

(j)*Proceeding* means a proceeding before the Secretary arising under the pertinent section of an Act.

(k)*Secretary* means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act for the Secretary. 5. Subpart—Rules of Practice Governing Proceedings on Petitions to Modify or to be Exempted from Research, Promotion, and Education Programs is redesignated as Subpart B: Subpart B—Rules of Practice Governing Proceedings on Petitions to Modify or to be Exempted from Research, Promotion, and Information Programs 6. The authority citation for redesignated subpart B is added to read as follows: Authority: 7 U.S.C. 2111, 2620, 2713, 4509, 4609, 4814, 4909, 6008, 6106, 6306, 6410, 6807, 7106, 7418, 7486, and 7806. 7. Section 1200.51 is revised to read as follows: § 1200.51 Definitions. As used in this subpart, the terms as defined in the Act shall apply with equal force and effect. In addition, unless the context otherwise requires:

(a)The term *Act* means the Commodity Research, Promotion, and Information Act of 1996 [7 U.S.C. 7401-7425]; the Cotton Research and Promotion Act, as amended [7 U.S.C. 2101-2119]; the Dairy Production Stabilization Act of 1983 [7 U.S.C. 4501-4513]; the Egg Research and Consumer Information Act, as amended [7 U.S.C. 2701-2718]; the Fluid Milk Promotion Act of 1990 [7 U.S.C. 6401-6417]; the Hass Avocado Promotion, Research, and Information Act of 2000 [7 U.S.C. 7801-7813]; the Honey Research, Promotion, and Consumer Information Act, as amended [7 U.S.C. 4601-4612]; the Mushroom Promotion, Research, and Consumer Information Act of 1990 [7 U.S.C. 6101-6112]; the Pecan Promotion and Research Act of 1990 [7 U.S.C. 6001-6013]; the Popcorn Promotion, Research, and Consumer Information Act [7 U.S.C. 7481-7491]; the Pork Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819]; the Potato Research and Promotion Act, as amended [7 U.S.C. 2611-2627]; the Sheep Promotion, Research, and Information Act of 1994 [7 U.S.C. 7101-7111]; the Soybean Promotion, Research, and Consumer Information Act [7 U.S.C. 6301-6311]; and the Watermelon Research and Promotion Act, as amended, [7 U.S.C. 4901-4916].

(c)*Decision* means the judge's initial decision and includes the judge's:

(1)Findings of fact and conclusions with respect to all material issues of fact, law or discretion, as well as the reasons or basis thereof;

(2)Order; and

(3)Rulings on findings, conclusions and orders submitted by the parties.

(d)*Department* means the U.S. Department of Agriculture.

(e)Hearing means that part of the proceedings which involves the submission of evidence.

(f)*Hearing clerk* means the Hearing Clerk, U.S. Department of Agriculture, Washington, D.C.

(g)*Judge* means any administrative law judge, appointed pursuant to 5 U.S.C. 3105, and assigned to the proceeding involved.

(h)*Order* means any order or any amendment thereto which may be issued pursuant to the Act. The term order shall include plans issued under the Acts listed in paragraph

(a)of this section.

(i)*Party* includes the Department.

(j)*Person* means any individual, group of individuals, partnership, corporation, association, cooperative, or any other legal entity subject to an order or to whom an order is sought to be made applicable, or on whom an obligation has been imposed or is sought to be imposed under an order.

(k)*Petition* includes an amended petition.

(l)*Proceeding* means a proceeding before the Secretary arising under the pertinent section of an Act.

(m)*Secretary* means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act for the Secretary. Dated: June 25, 2002. A.J. Yates, Administrator. [FR Doc. 02-16477 Filed 7-1-02; 8:45 am]

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