Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-07-18.xml --- 67 138 Thursday, July 18, 2002 Contents AID Agency for International Development RULES Federal claims collection, 47258-47268 02-17608 Agricultural Agricultural Marketing Service NOTICES Agency information collection activities: Proposed collection; comment request, 47346 02-18153 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Bovine spongiform encephalopathy; disease status change— Israel, 47243-47244 02-18160 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Environmental Public Health Tracking Centers of Excellence, 47366-47370 02-18110 Human immunodeficiency virus (HIV)— Sexually transmitted disease, tuberculosis, and human immunodeficiency virus behaviors among men who have sex with men; prevalence trends monitoring; correction, 47371 02-18108 National Environmental Public Health Tracking Program, 47371-47382 02-18111 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels; correction, 02-18103 47382-47383 02-18107 02-18109 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Mississippi, 47348-47349 02-18054 Pennsylvania, 47349 02-18055 Coast Guard Coast Guard RULES Ports and waterways safety: Selfridge Air National Guard Base, Lake St. Clair, MI; security zone Correction, 47299 02-18011 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 47353 02-18284 Defense Defense Department See Engineers Corps Drug Drug Enforcement Administration PROPOSED RULES Schedules of controlled substances: 2,5-Dimethoxy-4-(n)-propylthiophenethylamine; temporary placement into Schedule I, 47343-47345 02-17902 Benzylpiperazine and trifluoromethylphenylpiperazine; temporary placement into Schedule I, 47341-47343 02-17901 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Small, Rural School Achievement Program, 47353-47354 02-18166 Reports and guidance documents; availability, etc.:

Excellence in Special Education, President's Commission; findings and recommendations; comment request, 47354-47355 02-18165 Employment Employment and Training Administration NOTICES Adjustment assistance: Carey Industries, Inc., 47401 02-18070 Curtron Curtains, Inc., 47401 02-18067 Delphi Harrison Thermal Systems, 47401 02-18066 Lamb Technicon, 47401-47402 02-18069 Martin Marietta Magnesia Specialties, Inc., 47402 02-18068 Plasticsource, Inc., 47402 02-18065 Weitech, Inc., 47402-47403 02-18064 Adjustment assistance and NAFTA transitional adjustment assistance:

Northern Indiana Public Service Co. et al., 47399-47401 02-18071 NAFTA transitional adjustment assistance: AA Precisioneering, Inc., 47403 02-18079 Britax Health Techna, Inc., 47403-47404 02-18080 Carey Industries, Inc., 47404 02-18076 IEC Electronics Corp., 47404 02-18075 JTD, Inc., 47404 02-18077 Keystone Tool & Machine et al., 47404-47406 02-18063 Nortel Networks, 47406 02-18073 Perfection-Schwank, Inc., 47406 02-18072 Regal Manufacturing Co., 47407 02-18062 Textron Fastening Systems, 47407 02-18074 Tyco Electronics Corp., 47407 02-18078 Employment Employment Standards Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 47407-47408 02-18061 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Mahoning River, OH; environmental dredging project; public scoping meeting; correction, 47427 C2-17470 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Indoxacarb, 47299-47310 02-18173 Solid wastes: Project XL program; site-specific projects— Maplewood Recycling and Waste Disposal Facility, Amelia County, VA, et al., 47310-47320 02-18175 Superfund program:

National oil and hazardous substances contingency plan— National priorities list update, 47320 02-17983 NOTICES Water pollution; discharge of pollutants (NPDES): New Mexico and Oklahoma; egg production operations; general permit, 47362-47364 02-17981 FAA Federal Aviation Administration RULES Airworthiness directives: Empresa Brasileira de Aeronautica S.A. (EMBRAER), 47251-47253 02-18026 McDonnell Douglas, 47254-47256 02-18024 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 47364 02-18260 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Vernon, CA, et al., 47360-47362 02-18083 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 47355 02-18097 Chandeleur Pipe Line Co., 47355 02-18089 02-18093 CMS Trunkline Gas Co., LLC, 47355-47356 02-18098 CMS Trunkline LNG Co., LLC, 47356 02-18099 Columbia Gulf Transmission Co., 47356 02-18100 Duke Energy Hinds, LLC, et al., 47356-47357 02-18084 Florida Gas Transmission Co., 47357 02-18096 Garden Banks Gas Pipeline, LLC, 47357 02-18085 Midwestern Gas Transmission Co., 47358 02-18087 Mississippi River Transmission Corp., 47358 02-18086 Mojave Pipeline Co., 47358 02-18094 Tennessee Gas Pipeline Co., 47358-47359 02-18091 TransColorado Gas Transmission Co., 47359 02-18092 Transwestern Pipeline Co., 02-18088 47359-47360 02-18101 Williston Basin Interstate Pipeline Co., 47360 02-18090 02-18095 Federal Highway Federal Highway Administration RULES Transportation Equity Act for 21st Century; implementation:

Planning and research program administration, 47268-47278 02-18007 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 47364-47365 02-18058 Formations, acquisitions, and mergers, 47365 02-18057 Permissible nonbanking activities, 47365 02-18059 FTC Federal Trade Commission NOTICES Meetings: Health Care and Competition Law and Policy; workshop, 47365-47366 02-18115 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Diclazuril and bacitracin methylene disalicylate, 47257-47258 02-18119 NOTICES Agency information collection activities: Proposed collection; comment request, 47383-47388 02-18120 02-18121 02-18122 Submission for OMB review; comment request, 47388-47389 02-18123 Forest Forest Service NOTICES Environmental statements; notice of intent: Mt. Hood National Forest, OR, 47347-47348 02-18104 Meetings: Resource Advisory Committees— North Gifford Pinchot National Forest, 47348 02-18106 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Housing Housing and Urban Development Department RULES Federal claims collection:

Administrative wage garnishment, 47433-47436 02-18052 Low income housing: Temporary Assistance for Needy Families Program; annual income requirements, 47429-47432 02-18051 Interior Interior Department See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Income taxes: Relief from joint and several liability, 47278-47296 02-17866 Procedure and administration: Return information disclosure to Agriculture Department officers and employees for statistical purposes and related activities Correction, 47427 C2-15351 International International Trade Administration PROPOSED RULES Steel import licensing and surge monitoring, 47338-47341 02-18042 International International Trade Commission NOTICES Import investigations:

Saccharin from— China, 47398-47399 02-18125 Justice Justice Department See Drug Enforcement Administration NOTICES Meetings: Heavy duty diesel engine consent decrees, 47399 02-18102 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Minerals Minerals Management Service NOTICES Outer Continental Shelf operations: Western Gulf of Mexico— Oil and gas lease sales, 47394-47396 02-18056 Mine Mine Safety and Health Administration RULES Metal and nonmetal mine safety and health:

Underground mines— Diesel particulate matter exposure of miners, 47296-47299 02-18310 NASA National Aeronautics and Space Administration RULES Organization, functions, and authority delegations: Assistant Administrator for Public Affairs, 47256-47257 02-17989 NOTICES Agency information collection activities: Submission for OMB review; comment request, 47409 02-18141 National Highway National Highway Traffic Safety Administration RULES Anthropomorphic test dummies: Occupant crash protection— Hybrid III test dummies; 6-year-old child dummy; design and performance specifications; response to reconsideration petitions, 47321-47333 02-16874 National Institute National Institute of Standards and Technology NOTICES Meetings:

Malcolm Baldrige National Quality Award— Panel of Judges, 47349 02-18163 NIH National Institutes of Health NOTICES Meetings: National Eye Institute, 47389 02-18135 National Heart, Lung, and Blood Institute, 47389, 47390 02-18127 02-18137 National Institute of Diabetes and Digestive and Kidney Diseases, 47390 02-18128 02-18129 National Institute of Environmental Health Sciences, 47392 02-18136 National Institute of Mental Health, 02-18132 02-18133 47391-47392 02-18134 National Institute on Alcohol Abuse and Alcoholism, 47391 02-18130 Scientific Review Center, 02-18131 47392-47394 02-18138 02-18139 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Other rockfish, 47336-47337 02-18161 Pacific Ocean perch, 47335-47336 02-18145 West Coast States and Western Pacific fisheries— West Coast salmon, 02-18150 47334-47335 02-18151 NOTICES Committees; establishment, renewal, termination, etc.: Gray's Reef National Marine Sanctuary Advisory Council, 47349-47350 02-18159 Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council, 47350 02-18158 Meetings: New England Fishery Management Council, 47350 02-18147 Permits:

Endangered and threatened species, 47351 02-18148 Exempted fishing, 47351-47352 02-18152 Prohibited species donation program in Alaska; distributor permits: Northwest Food Strategies, 47352-47353 02-18164 National Park National Park Service NOTICES Meetings: Native American Graves Protection and Repatriation Review Committee, 47396-47397 02-18050 National Register of Historic Places: Pending nominations, 47397-47398 02-18048 02-18049 National Transportation National Transportation Safety Board NOTICES Pipeline and highway accidents; hearings, etc.:

Chalk Point, MD; Piney Point Oil Pipeline rupture and fuel oil release; and Intercession City, FL; collision between Amtrak train and Molnar tractor-trailer, 47410 02-18045 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 47410 02-18155 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co., 47410-47411 02-18240 Exelon Generation Co., LLC, 47411 02-18154 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 47408-47409 02-18124 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.: Great River Energy, 47348 02-18044 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 47412-47426 02-18142 *Applications, hearings, determinations, etc.:* A.O.

Smith Corp., 47411-47412 02-18081 World Fuel Services Corp., 47412 02-18082 SBA Small Business Administration RULES Hearings and Appeals Office proceedings: Revision and clarification, 47244-47251 02-17618 NOTICES Disaster loan areas: Indiana, 47426 02-18156 Texas, 47426 02-18157 State State Department NOTICES Art objects; importation for exhibition: Mondrian (1892-1914): The Path to Abstraction, 47426 02-18144 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Housing and Urban Development Department, 47429-47432 02-18051 Part III Housing and Urban Development Department, 47433-47436 02-18052 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. 67 138 Thursday, July 18, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 94 [Docket No. 02-072-1] Change in Disease Status of Israel Because of Bovine Spongiform Encephalopathy AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the regulations by adding Israel to the list of regions where bovine spongiform encephalopathy

(BSE)exists because the disease has been detected in a native-born animal in that region. The effect of this action is a restriction on the importation of ruminants that have been in Israel and meat, meat products, and certain other products of ruminants that have been in Israel. This action is necessary to help prevent the introduction of bovine spongiform encephalopathy into the United States. DATES: This rule is effective retroactively to June 4, 2002. We will consider all comments that we receive on or before September 16, 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. 02-072-1, 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. 02-072-1. 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. 02-072-1” 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: Dr. Gary Colgrove, Chief Staff Veterinarian, Sanitary Trade Issues Team, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231;

(301)734-4356. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR parts 93, 94, 95, and 96 (referred to below as the regulations) govern the importation of certain animals, birds, poultry, meat, other animal products and byproducts, hay, and straw into the United States in order to prevent the introduction of various animal diseases, including bovine spongiform encephalopathy (BSE). BSE is a neurological disease of cattle and is not known to exist in the United States. It appears that BSE is primarily spread through the use of ruminant feed containing protein and other products from ruminants infected with BSE. Therefore, BSE could become established in the United States if materials carrying the BSE agent, such as certain meat, animal products, and animal byproducts from ruminants, are imported into the United States and are fed to ruminants in the United States. BSE could also become established in the United States if ruminants with BSE are imported into the United States. Sections 94.18, 95.4, and 96.2 of the regulations prohibit or restrict the importation of certain meat and other animal products and byproducts from ruminants that have been in regions in which BSE exists or in which there is an undue risk of introducing BSE into the United States. Paragraph (a)(1) of § 94.18 lists the regions in which BSE exists. Paragraph (a)(2) lists the regions that present an undue risk of introducing BSE into the United States because their import requirements are less restrictive than those that would be acceptable for import into the United States and/or because the regions have inadequate surveillance. Paragraph

(b)of § 94.18 prohibits the importation of fresh, frozen, and chilled meat, meat products, and most other edible products of ruminants that have been in any region listed in paragraphs (a)(1) or (a)(2). Paragraph

(c)of § 94.18 restricts the importation of gelatin derived from ruminants that have been in any of these regions. Section 95.4 prohibits or restricts the importation of certain byproducts from ruminants that have been in any of those regions, and § 96.2 prohibits the importation of casings, except stomach casings, from ruminants that have been in any of these regions. Additionally, the regulations in 9 CFR part 93 pertaining to the importation of live animals provide that the Animal and Plant Health Inspection Service may deny the importation of ruminants from regions where a communicable disease such as BSE exists and from regions that present risks of introducing communicable diseases into the United States (see § 93.404(a)(3)). On May 28, 2002, Israel reported a suspected case of BSE in a native-born animal, and on June 4, 2002, Israel confirmed that diagnosis in a report to the Office International des Epizooties. Therefore, in order to prevent the introduction of BSE into the United States, we are amending § 94.18(a)(1) by adding Israel to the list of regions where BSE is known to exist. The effect of this action is a restriction on the importation of ruminants that have been in Israel and on the importation of meat, meat products, and certain other products and byproducts of ruminants that have been in Israel. We are making this amendment effective retroactively to June 4, 2002, which is the date that BSE was confirmed in a native-born animal in that region. In this rule, we are also updating the authority citation for 9 CFR part 94 to reflect the enactment of the Animal Health Protection Act (7 U.S.C. 8301 *et seq.* ). Emergency Action This rulemaking is necessary on an emergency basis to prevent the introduction of BSE into the United States. 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 rule 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 under Executive Order 12866. This emergency situation makes timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a final regulatory flexibility analysis. 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 retroactive effect to June 4, 2002; 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 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 94 as follows: PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 1. The authority citation for part 94 is revised to read as follows: Authority: 7 U.S.C. 450, 7711-7714, 7751, 7754, 8303, 8306, 8308, 8310, 8311, and 8315; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.4. § 94.18 [Amended] 2. In § 94.18, paragraph (a)(1) is amended by adding, in alphabetical order, the word “Israel,”. Done in Washington, DC, this 12th day of July, 2002. Peter Fernandez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-18160 Filed 7-17-02; 8:45 am]

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