Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-07-24.xml --- 67 142 Wednesday, July 24, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Reports and guidance documents; availability, etc.: Patients’ hospital care experiences; request for measures, 48477-48479 02-18710 Agriculture Agriculture Department See Commodity Credit Corporation See Cooperative State Research, Education, and Extension Service See Forest Service See Natural Resources Conservation Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.:

Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 48479 02-18669 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Proposed collection; comment request, 48479-48480 02-18653 Submission for OMB review; comment request, 48480-48481 02-18651 02-18720 02-18721 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

India, 48446-48447 02-18708 Malaysia, 48447 02-18709 Sri Lanka, 48447-48448 02-18707 Textile and apparel categories: North American Free Trade Agreement; short supply requests— Synthetic acid-dyeable acrylic tow, 48448-48449 02-18555 Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.: Environmental Quality Incentives Program, 48431-48432 02-18660 Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 48449 02-18795 Cooperative Cooperative State Research, Education, and Extension Service NOTICES Agency information collection activities:

Proposed collection; comment request, 48432-48434 02-18647 02-18648 Customs Customs Service RULES Drawback: Manufacturing substitution drawback; duty apportionment, 48368-48370 02-18609 Defense Defense Department See Navy Department Education Education Department NOTICES Meetings: National Assessment Governing Board, 48449-48450 02-18673 Postsecondary education: Accrediting agencies and State approval agencies for vocational and nurse education institutions; national recognition; comment request, 48450-48453 02-18663 Employment Employment and Training Administration NOTICES Adjustment assistance:

Alpha Carb Enterprises, 48483-48484 02-18642 American Greetings Corp., 48484 02-18634 Bayer Clothing Group, Inc., 48484-48485 02-18631 CECO Door Products, 48485 02-18638 Dave Goldberg, Inc., 48485 02-18635 E.J. Footwear LLC, 48485-48486 02-18640 Goss Graphic Systems, Inc., 48486 02-18630 Levolor Kirsch Window Fashions, 48486 02-18641 MeadWestvaco, 48486-48487 02-18639 NewBold Corp., 48487 02-18633 Oxford Industries, 48487 02-18636 Oxford Industries, Inc., 48487 02-18629 Potlatch Corp., 48487-48488 02-18644 Precision Twist Drill Co., 48488 02-18643 Tama Sportswear, 48488-48489 02-18632 VF Imagewear (East), Inc., 48489 02-18628 NAFTA transitional adjustment assistance:

Levolor Kirsch Window Fashions, 48489 02-18637 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Oregon, 48388-48393 02-18584 Solid wastes: Zinc fertilizers made from recycled hazardous secondary materials, 48393-48415 02-18405 PROPOSED RULES Air pollution control: State operating permits programs— California, 48426-48430 02-18715 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Oregon, 48426 02-18585 NOTICES Meetings: FIFRA Scientific Advisory Panel, 48461-48463 02-18725 Pesticide, food, and feed additive petitions: Aventis CropScience USA, 48465-48469 02-18586 Pesticide registration, cancellation, etc.: Arvesta Corp., 48463-48465 02-18587 Reports and guidance documents; availability, etc.: Pesticides— Pesticide registrants; false or misleading pesticide product brand names, 48469-48470 02-18716 Superfund; response and remedial actions, proposed settlements, etc.:

LCP-Holtrachem Site, NC, 48470 02-18714 Water pollution control: Virginia— Impaired waters listing, 48470-48471 02-18583 FAA Federal Aviation Administration RULES Airworthiness directives: Empresa Brasileira de Aeronautica S.A. (EMBRAER), 48366-48368 02-18028 Hamilton Sundstrand Power Systems, 48365-48366 02-18482 Pilatus Aircraft Ltd.; correction, 48510 C2-17602 Airworthiness standards: Special conditions— Embraer Model EMB-135BJ airplane, 48361-48365 02-18617 PROPOSED RULES Class B airspace, 48424-48425 02-18619 NOTICES Agency information collection activities:

Proposed collection; comment request, 48501 02-18618 FCC Federal Communications Commission RULES Common carrier services: Telecommunications relay services— Captioned telephone; improved voice carry-over service; provision and cost recovery; clarification; comment request, 48415-48416 02-18371 Radio frequency devices: Licensed radio services operating below 30 MHz; conducted emission limits Correction, 48415 02-18626 Federal Contract Federal Contract Compliance Programs Office NOTICES Contracts; eligible bidders:

Chicago Messenger Service, 48489 02-18627 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: ISO New England Inc. et al., 48457-48459 02-18649 Environmental statements; availability, etc.: Southern Natural Gas Co., 48459-48460 02-18675 Hydroelectric applications, 48460-48461 02-18678 02-18686 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 48453 02-18682 Columbia Gas Transmission Corp., 48453-48454 02-18681 02-18684 Columbia Gulf Transmission Co., 48454 02-18683 Delano Energy Co., Inc., 48454 02-18685 Discovery Gas Transmission, LLC, 48454-48455 02-18687 El Paso Electric Co., 48455 02-18677 Kern River Gas Transmission Co., 48455 02-18680 KeySpan-Ravenswood, Inc., 48455 02-18676 Mississippi Canyon Gas Pipeline, LLC, 48456 02-18679 Northern Natural Gas Co., 48456 02-18689 Northwest Pipeline Corp., 48456-48457 02-18691 Transcontinental Gas Pipe Line Corp., 48457 02-18690 Vector Pipeline L.P., 48457 02-18688 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Peoria County et al., IL, 48501-48502 02-18666 02-18667 FTC Federal Trade Commission NOTICES Agency information collection activities: Proposed collection; comment request, 48471-48472 02-18705 Meetings: Possible anticompetitive efforts to restrict competition on Internet; workshop, 48472-48473 02-18704 Premerger notification waiting periods; early terminations, 48473-48475 02-18703 Prohibited trade practices: Amgen, Inc. and Immunex Corp., 48475-48477 02-18702 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 48481-48482 02-18694 02-18695 Marine mammal permit applications, 48482 02-18693 Wild Bird Conservation Act of 1992:

Approval applications— MacKay, Cathy S., 48482-48483 02-18692 Food Food and Drug Administration RULES Administrative practice and procedure: Ozone-depleting substances use; essential use determinations, 48370-48385 02-18610 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Madera County, 48434-48435 02-18668 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 48477 02-18622 Immigration Immigration and Naturalization Service RULES Organization, functions, and authority delegations: State or local law enforcement officers; Federal immigration enforcement authority during mass influx of aliens, 48354-48361 02-18655 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES Antidumping: Frozen fish fillets from— Vietnam, 48437-48440 02-18731 Non-frozen apple juice concentrate from— China, 48440-48441 02-18729 Polyester staple fiber from— Taiwan, 48441 02-18728 Antidumping and countervailing duties:

Administrative review requests, 48435-48437 02-18730 Justice Justice Department See Immigration and Naturalization Service See Prisons Bureau RULES Organization, functions, and authority delegations: State or local law enforcement officers; Federal immigration enforcement authority during mass influx of aliens, 48354-48361 02-18655 Labor Labor Department See Employment and Training Administration See Federal Contract Compliance Programs Office Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Roseburg District, 48483 02-18802 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: FREE SPIRIT, 48502-48503 02-18718 MAGIC DAULPHIN, 48503-48504 02-18661 SHEARWATER, 48504 02-18662 TORTUGA, 48504-48505 02-18719 NASA National Aeronautics and Space Administration NOTICES Environmental statements; availability, etc.: Mars Exploration Rover-2003 Project, 48490-48491 02-18734 Patent licenses; non-exclusive, exclusive, or partially exclusive:

AirFlow Catalyst Systems, Inc., 48491 02-18733 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 48491-48493 02-18674 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities: Submission for OMB review; comment request, 48493 02-18671 National Highway National Highway Traffic Safety Administration NOTICES Meetings: Crash Injury Research and Engineering Network, 48505-48506 02-18615 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Northern rockfish, 48416 02-18737 Pacific ocean perch, 48417 02-18735 Pelagic shelf rockfish, 48417-48418 02-18736 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Richmond-San Rafael Bridge, San Francisco, CA; seismic retrofit construction; Pacific harbor seals and California sea lions, 48443-48446 02-18742 Meetings: Pacific Fishery Management Council, 48441-48442 02-18739 02-18740 Permits: Endangered and threatened species, 48442-48443 02-18741 NRCS Natural Resources Conservation Service RULES Wildlife Habitat Incentives Program, 48353 02-18657 NOTICES Environmental statements; notice of intent:

Calvary Creek Watershed, OK; aging flood control dams rehabilitation, 48435 02-18659 Margaret Creek Watershed, OH, 48435 02-18658 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 48449 02-18654 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 48493-48495 02-18745 02-18746 Regulatory guides; issuance, availability, and withdrawal, 48496 02-18744 *Applications, hearings, determinations, etc.:* Rio Algom Mining LLC, 48495 02-18747 Rochester Gas & Electric Corp., 48495-48496 02-18748 Postal Postal Service PROPOSED RULES Domestic Mail Manual:

Metal strapping materials on pallets, 48425-48426 02-18732 Prisons Prisons Bureau RULES Inmate control, custody, care, etc.: District of Columbia; educational good time credit, 48385-48387 02-18625 Public Public Health Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration SEC Securities and Exchange Commission RULES Investment companies: Affiliated companies; mergers, 48511-48518 02-18699 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 48496-48497 02-18645 Privacy Act: Systems of records, 48497-48498 02-18646 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 48498-48499 02-18700 New York Stock Exchange, Inc., 48499-48500 02-18697 SBA Small Business Administration PROPOSED RULES Small business size standards: Information technology value added resellers, 48419-48424 02-18766 State State Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 48500-48501 02-18723 02-18724 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 48506 02-18438 Union Pacific Railroad Co., 48506 02-18551 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Explosives Trace Detection Systems; certification criteria, 48506-48509 02-18611 Treasury Treasury Department See Customs Service RULES Currency and foreign transactions; financial reporting and recordkeeping requirements:

USA PATRIOT Act; implementation— Exemption from Bank Secrecy Act regulations; rescission; sale of variable annuities, 48388 02-18612 Privacy Act; implementation, 48387-48388 02-18706 Separate Parts In This Issue Part II Securities and Exchange Commission, 48511-48518 02-18699 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. 67 142 Wednesday, July 24, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Part 636 RIN 0578-AA21 Wildlife Habitat Incentives Program AGENCY:

Natural Resources Conservation Service, USDA. ACTION: Final rule. SUMMARY: The Farm Security and Rural Investment Act of 2002 amended the authority of the Secretary of Agriculture for the Wildlife Habitat Incentives Program

(WHIP)to provide additional cost-share assistance to landowners who enter into an agreement to protect and restore plant and animal habitat for a term of at least 15 years. The current regulations for WHIP require cost-share agreements to be for a term of 5 to 10 years. This change will amend the program regulation to conform to the statutory language. EFFECTIVE DATE: July 24, 2002. FOR FURTHER INFORMATION CONTACT: Roger L. Bensey at

(202)720-3534. SUPPLEMENTARY INFORMATION: Executive Order 12866 The Office of Management and Budget has determined that this final rule does not meet the criteria for a significant regulatory action as specified in Executive Order 12866. Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this final rule because the Natural Resources Conservation Service is not required by 5 U.S.C. 553, or any other provision of law, to publish a notice of proposed rule making with respect to the subject matter of this rule. Paperwork Reduction Act No recordkeeping or reporting burden is associated with this rule. Executive Order 12988 This final rule has been reviewed in accordance with Executive Order 12988. The provisions of this final rule are not retroactive. Furthermore, the provisions of this final rule preempt State and local laws to the extent such laws are inconsistent with this final rule. Before an action may be brought in a Federal court of competent jurisdiction, the administrative appeal rights afforded persons at 7 CFR part 614 must be exhausted. Unfunded Mandates Reform Act of 1995 Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, NRCS assessed the affects of this rulemaking action on State, local, and Tribal governments, and the public. This action does not compel the expenditure of $100 million or more by any State, local, or Tribal governments, or anyone in the private sector, and therefore, a statement under section 202 of the Unfunded Mandates Reform Act of 1995 is not required. Discussion The Wildlife Habitat Incentives Program

(WHIP)was originally authorized under section 387 of the Federal Agriculture Improvement and Reform Act of 1996 (the 1996 Act), 16 U.S.C. 3836a. WHIP provides cost-share assistance to landowners to develop wildlife habitat on upland, wetland, riparian, aquatic, and other areas. Section 387 did not specify the cost-share rate or the agreement length. NRCS published its final rule to implement WHIP, 7 CFR part 636, on September 19, 1997 (62 FR 49358). Section 636.6 of the WHIP final rule specified that NRCS would offer to pay no more than 75 percent of the cost of establishing wildlife habitat development practices. Section 636.8 of the WHIP final rule specified that a WHIP cost-share agreement would be for a period of 5 to 10 years, unless a shorter period was recommended to address situations where wildlife habitat was threatened as a result of a disaster. Section 2502 of the Farm Security and Rural Investment Act of 2002 (the 2002 Act), Public Law 107-171, repealed the original WHIP statute and amended Title XII of the Food Security Act of 1985 to add a new section 1240N as the authority for WHIP. As amended, the Food Security Act authorizes NRCS to provide additional cost-share payments to protect and restore plant and animal habitat under an agreement or contract that has a term of at least 15 years. This final rule reflects the new authority to provide additional cost-share assistance under agreements or contracts that have a term of at least 15 years. This change will conform the WHIP regulation with statutory authorization. No public comments are being solicited. List of Subjects in 7 CFR Part 636 Administrative practice and procedure, Agriculture, Soil conservation, Wildlife. Accordingly, 7 CFR part 636 is amended as follows: PART 636—WILDLIFE HABITAT INCENTIVES PROGRAM 1. The authority citation for part 636 is revised to read as follows: Authority: 16 U.S.C. 3839bb-1. 2. Section 636.8 is amended by adding a new paragraph

(d)to read as follows: § 636.8 Cost-share agreements.

(d)Notwithstanding any limitation of this part, NRCS may enter into a cost-share agreement or contract that:

(1)Is for a term of at least 15 years;

(2)Protects and restores plant and animal habitat; and

(3)Provides cost-share payments in addition to amounts provided under § 636.6 of this part. Signed in Washington, DC, on July 12, 2002. Bruce I. Knight, Chief, Natural Resources Conservation Service. [FR Doc. 02-18657 Filed 7-23-02; 8:45 am]

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