Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-08-29.xml --- 67 168 Thursday, August 29, 2002 Contents Agriculture Agriculture Department See Forest Service Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings: Access Board, 55379 02-22011 Army Army Department See Engineers Corps Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Submission for OMB review; comment request, 55406-55408 02-22054 02-22055 02-22056 02-22057 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration Aerospace Commission on the Future of the United States Aerospace Industry NOTICES Meetings, 55382 02-22053 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Ukraine, 55382 02-21987 Defense Defense Department See Engineers Corps PROPOSED RULES Federal Acquisition Regulation (FAR): Commercial items— Contract cost principles and procedures, 55681-55683 02-21619 Contract cost principles and procedures, 55685-55687 02-21620 Federal Prison Industries Contracts; past performance evaluation, 55679-55680 02-21616 Leadership in Environmental Management (E.O. 13148), 55669-55673 02-21618 Notification of overpayment, contract financing payments, 55675-55677 02-21617 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Applied Science Labs, Inc., 55430 02-22058 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions:

Auto Crane Co. et al, 55379-55380 02-22014 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 55382-55383 02-22009 Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Impact Aid Discretionary Construction Grant Program, 55383-55385 02-22111 Postsecondary education— Child Care Provider Loan Forgiveness Demonstration Program (FY 2002), 55385-55388 02-22113 Meetings: Commission on Opportunity in Athletics, 55388-55389 02-22112 Employment Employment Standards Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 55432-55433 02-22019 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps PROPOSED RULES Meetings: Comprehensive Everglades Restoration Plan, 55377 02-21988 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Tennessee, 55320-55323 02-22089 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Difluenzopyr, 55331-55339 02-22092 Fosetyl-A1, 55339-55347 02-21757 Imazethapyr, 55323-55331 02-22093 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Tennessee, 55378 02-22090 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Air Tractor, Inc., 55360-55362 02-22002 Cirrus Design, 55357-55360 02-22001 McDonnell Douglas, 55362-55375 02-22003 02-22004 02-22005 02-22006 FCC Federal Communications Commission NOTICES Agency information collection activities: Proposed collection; comment request, 55405-55406 02-22021 02-22022 Federal Election Federal Election Commission PROPOSED RULES Federal Election Campaign Act:

Disclaimers, fraudulent solicitation, civil penalties, and personal use of campaign funds, 55348-55357 02-21893 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act): Small generator interconnection agreements and procedures; standardization Staff public meeting, 55376 02-22024 Undue discrimination; remedying through open access transmission service and standard electricity market design, 55451-55592 02-21479 NOTICES Electric rate and corporate regulation filings:

Pacific Gas and Electric Co. et al., 55398-55399 02-22023 UAE Lowell Power LLC et al., 55399-55400 02-22156 Environmental statements; availability, etc.: Iroquois Gas Transmission System, L.P., 55400-55401 02-22040 Hydroelectric applications, 55401-55404 02-22029 02-22042 02-22043 Meetings: Amoco Production Co. et al., 55404-55405 02-22038 Southern California Edison Co.; settlement conference, 55405 02-22027 *Applications, hearings, determinations, etc.:* Atlanta Gas Light Co., 55389 02-22032 Columbia Gas Transmission Corp., 55390 02-22033 02-22039 Eastern Shore Natural Gas Co., 55391 02-22034 02-22036 Entergy Services, Inc., 55391 02-22052 Equitable Gathering LLC, 55391-55392 02-22025 Great Lakes Gas Transmission L.P., 55393 02-22047 Iroquois Gas Transmission System, L.P., 55393 02-22050 Midwestern Gas Transmission Co., 55393-55394 02-22045 Northern Border Pipeline Co., 55394 02-22049 Petal Gas Storage, L.L.C., 55394 02-22041 PG&E Gas Transmission, Northwest Corp., 55394 02-22035 Questar Pipeline Co., 55395 02-22037 Supply Margin Assessment Conference et al., 55395-55396 02-22026 Tennessee Gas Pipeline Co., 55389, 55396-55397 02-22028 02-22030 02-22031 02-22044 Texas Gas Transmission Corp., 55397 02-22046 Transcontinental Gas Pipe Line Corp., 55397 02-22051 Williams Gas Pipelines Central, Inc., 55398 02-22048 Federal Highway Federal Highway Administration PROPOSED RULES Engineering and traffic operations:

Work zone safety Meetings, 55376-55377 02-22257 Fish Fish and Wildlife Service RULES Migratory bird hunting: Federal Indian reservations, off-reservation trust lands, and ceded lands, 55659-55668 02-22102 Seasons, limits, and shooting hours; establishment, etc., 55623-55658 02-22099 NOTICES Agency information collection activities: Proposed collection; comment request, 55417-55419 02-22100 02-22101 Forest Forest Service NOTICES Meetings: Intergovernmental Advisory Committee, 55379 02-22165 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Commerical items— Contract cost principles and procedures, 55681-55683 02-21619 Contract cost principles and procedures, 55685-55687 02-21620 Contract financing payments; notification of overpayments, 55675-55677 02-21617 Federal Prison Industries Contracts; past performance evaluation, 55679-55680 02-21616 Leadership in Environmental Management (E.O. 13148), 55669-55673 02-21618 NOTICES Travel and transportation; Non-Express Small Package Tender of Service, 55406 02-22015 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 55408-55409 02-22079 Housing Housing and Urban Development Department NOTICES Organization, functions, and authority delegations: Special Applications Directors, 55417 02-21986 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 55430-55431 02-22104 Submission for OMB review; comment request, 55431-55432 02-22103 02-22105 Industry Industry and Security Bureau RULES Export administration regulations:

Nuclear proliferation controls; Nuclear Suppliers Group, 55593-55622 02-21595 Interior Interior Department See Fish and Wildlife Service See National Park Service PROPOSED RULES Watches, watch movements, and jewelry: Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 55375-55376 02-22106 International International Trade Administration PROPOSED RULES Watches, watch movements, and jewelry: Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 55375-55376 02-22106 NOTICES Overseas trade missions:

Peru and Chile; secretarial business development mission, 55380-55381 02-22017 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 55429-55430 02-22012 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration Mine Mine Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 55433-55435 02-22020 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Commercial items— Contract cost principles and procedures, 55681-55683 02-21619 Contract cost principles and procedures, 55685-55687 02-21620 Contract financing payments; notification of overpayments, 55675-55677 02-21617 Federal Prison Industries Contracts; past performance evaluation, 55679-55680 02-21616 Leadership in Environmental Management (E.O. 13148), 55669-55673 02-21618 National Highway National Highway Traffic Safety Administration NOTICES Meetings:

Early Warning Reporting procedures, 55448 02-22081 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 55409-55410 02-22077 Meetings: National Cancer Institute, 55410-55411 02-22061 02-22064 02-22067 National Eye Institute, 55411 02-22069 02-22070 National Heart, Lung, and Blood Institute, 55414-55415 02-22060 National Institute of Allergy and Infectious Diseases, 55411 02-22059 National Institute of Child Health and Human Development, 55412-55413 02-22062 02-22073 National Institute of Dental & Craniofacial Research, 55413 02-22072 National Institute of Environmental Health Sciences, 55412 02-22063 National Institute on Alcohol Abuse and Alcoholism, 55412-55413 02-22068 National Institute on Deafness and Other Communication Disorders, 55414 02-22074 National Library of Medicine, 55414 02-22065 02-22066 Recombinant DNA Advisory Committee, 55415 02-22071 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Adenosine Therapeutics, 55415-55416 02-22076 Dimera, Inc., 55416 02-22075 Virionics Corp., 55416-55417 02-22078 National Park National Park Service NOTICES Meetings: Gettysburg National Military Park Advisory Commission, 55419 02-21995 Kaloko-Honokohau National Historical Park Advisory Commission, 55419 02-21989 National Register of Historic Places: Pending nominations, 55419-55421 02-21990 Native American Graves Protection and Repatriation Act: Federal Bureau of Investigation, KY; intent to repatriate a cultural item, 55421-55422 02-21997 Hood Museum of Art.

Dartmouth College, NH; intent to repatriate a cultural item, 55422-55423 02-21993 Hood Museum of Art, Dartmouth College, NH; intent to repatriate a cultural item, 55422 02-21992 Houston Museum of Natural History, TX; intent to repatriate a cultural item, 55423 02-21994 Native American human remains and associated funerary objects: Bureau of Indian Affairs, Washington, DC— Inventory from Minnesota Indian Affairs Council, MN, 55423-55424 02-21996 Colorado Historical Society, CO— Inventory from Denver, CO, 55425-55426 02-21999 Department of the Army, GA— Inventory from Fort Benning, GA, 55426-55428 02-22000 Federal Bureau of Investigation, KY— Inventory from Madisonville, KY, 55428-55429 02-21998 Museum of Natural History and Planetarium, Roger Williams Park, RI:

Inventory from Providence, RI, 55429 02-21991 National Science National Science Foundation NOTICES Meetings: GPRA Performance Assessment Advisory Committee, 55435 02-21898 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: International Uranium

(USA)Corp., 55435-55436 02-22109 Environmental statements; notice of intent: South Carolina Electric & Gas Co., 55436-55439 02-22108 Meetings: Nuclear Waste Advisory Committee, 55439 02-22107 Public Public Health Service See Health Resources and Services Administration See National Institutes of Health SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 55440 02-22085 Meetings; Sunshine Act, 55441 02-22205 Self-regulatory organizations; proposed rule changes: American Stock Exchange, LLC, 55441-55443 02-22097 Chicago Board Options Exchange, Inc., 55443-55444 02-22098 Depository Trust Co., 55444-55445 02-22086 New York Stock Exchange, Inc., 55445-55446 02-22096 Pacific Exchange, Inc., 55446-55448 02-22095 *Applications, hearings, determinations, etc.:* Knight Trading Group, Inc., 55440-55441 02-22094 State State Department RULES Visas; immigrant documentation: Classification symbols, 55319-55320 02-20090 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Central Michigan Railway Co. et al., 55448-55449 02-21766 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 National Highway Traffic Safety Administration See Surface Transportation Board Separate Parts In This Issue Part II Energy Department, Federal Energy Regulatory Commission, 55451-55592 02-21479 Part III Commerce Department, Industry and Security Bureau, 55593-55622 02-21595 Part IV Interior Department, Fish and Wildlife Service, 55623-55658 02-22099 Part V Interior Department, Fish and Wildlife Service, 55659-55668 02-22102 Part VI Defense Department; General Services Administration; National Aeronautics and Space Administration, 55669-55673 02-21618 Part VII Defense Department; General Services Administration; National Aeronautics and Space Administration, 55675-55677 02-21617 Part VIII Defense Department; General Services Administration; National Aeronautics and Space Administration, 55679-55680 02-21616 Part IX Defense Department; General Services Administration; National Aeronautics and Space Administration, 55681-55683 02-21619 Part X Defense Department; General Services Administration; National Aeronautics and Space Administration, 55685-55687 02-21620 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. 67 168 Thursday, August 29, 2002 Rules and Regulations DEPARTMENT OF STATE 22 CFR Part 42 [Public Notice 4092] Visas: Documentation of Immigrants—Visa Classification Symbols AGENCY: Bureau of Consular Affairs, Department of State. ACTION: Final rule. SUMMARY: This rule amends the Department's regulations to add and delete immigrant visa symbols on the immigrant visa classification table. The Department is amending the table to add a new class of special immigrants for certain aliens who had petitions or labor certification applications revoked, terminated or rendered null due to the terrorist activities of September 11, 2001, and for the guardian grandparents of certain children rendered orphans by the attacks. The Department is also taking this opportunity to remove the HK immigrant classification symbols used for transition employees of certain U.S. businesses in Hong Kong and their dependents whose visa validity was extended under section 124 of Public Law 101-649. This immigrant status was valid only through January 1, of 2002. The Department is also changing “orphan” to “child” under the classification definition IR3 and correcting the section of law citation under the entry AM3 to read “Public Law 100-102” instead of “P.L. 100-202”. DATES: This rule takes effect on August 29, 2002. FOR FURTHER INFORMATION CONTACT: For information regarding this regulation please contact Pam Chavez, Legislation and Regulations Division, Visa Services, Department of State, Washington, DC 20520-0106, phone

(202)663-1206 or e-mail *chavezpr@state.gov* . SUPPLEMENTARY INFORMATION: What Legislation Created These Visa Categories? Public Law 107-56 (the USA Patriot Act) provided special immigration benefits for certain victims of the terrorist acts of September 11, 2001. Section 421 of this Act created a new special immigrant category

(SP)for certain aliens who were beneficiaries of petitions or labor certification applications which were revoked, terminated or otherwise rendered null due to the terrorist attacks of September 11, 2001. The USA Patriot Act also provides special immigrant status for the spouse and children of these aliens and for certain grandparents of children who were orphaned as a result of these attacks. Section 124 of Public Law 101-649 (IMMACT 90) extended the visa validity for employees of certain U.S. businesses located in Hong Kong to January 1, 2002. Aliens issued visas under section 124 of IMMACT 90 were given the classification symbol HK. Since visas are no longer being issued for this visa classification, the Department is removing the code from the classification table. How Is the Department Amending its Regulations? The rule amends the immigrant visa classification table at 22 CFR 42.11 by adding a new classification symbol SP. The rule also removes the classification symbols HK1, HK2 and HK3. In the classification symbol IR4, the word “orphan” is replaced by the word “child”. In the classification symbol AM3, the public law citation should read “Public Law 100-102.” Final Rule Administrative Procedure Act The Department's implementation of this regulation as a final rule is based upon the “good cause” exceptions found at 5 U.S.C. 553(b)(B) and (d)(3). Since the new special immigrant category became effective upon enactment of the law and since there is a substantial immediate benefit to aliens, citizens and lawful permanent residents, there is not enough time nor sufficient reason to delay its implementation by issuing a proposed rule with request for comments. Regulatory Flexibility Act The Department of State, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, certifies that this rule will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Executive Order 12866 Although it is being promulgated in conjunction with the Immigration and Naturalization Service, a domestic agency, the Department of State does not consider this rule, to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review. Therefore, in accordance with the letter to the Department of State of February 4, 1994 from the Director of the Office of Management and Budget, it does not require review by the Office of Management and Budget. Executive Order 13132 This regulation will not have substantial direct effects on the 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. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Paperwork Reduction Act This rule does not impose any new reporting or record-keeping requirements under the Paperwork Reduction Act. List of Subjects in 22 CFR Part 42 Aliens, Immigrants, Passports and visas. PART 42—[AMENDED] 1. The authority citation for part 42 is revised to read as follows: Authority: 8 U.S.C. 1104. 2. Amend § 42.11 as follows: a. In the table, under the heading “Immediate Relatives”, revise the entry for IR4; b. In the table, revise the entries under the heading “Vietnam Amerasian Immigrants”; c. In the table, under the heading “Employment 4th Preference (Certain Special Immigrants)”, add an entry for SP in alpha-numeric order; and d. In the table, remove the heading “Transition for Employees of Certain U.S. Businesses in Hong Kong (Fiscal Years 1991-1993)*” and the entries HK1, HK2 and HK3, and remove the note at the end of the table. The revisions and additions read as follows: § 42.11 Classification symbols. Immigrants Symbol Class Section of law Immediate Relatives * * * * * * * IR4 Child Adopted Abroad by U.S. Citizen 201(b) * * * * * * * Vietnam Amerasian Immigrants AM1 Vietnam Amerasian Principal 584(b)(1)(A), 584(b)(1)(B), and 584(b)(2)(C) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (As contained in section 101(e) of Public Law 100-102 as amended. AM2 Spouse or Child of AM1 AM3 Natural Mother of Unmarried AM1 (Spouse or Child of Such Mother) or Person Who has Acted in Effect as the Mother, Father, or Next-of-Kin of Unmarried AM1 (and Spouse or Child of Such Person) * * * * * * * Employment 4th Preference (Certain Special Immigrants) * * * * * * * SP Alien Beneficiary of a petition or labor certification application filed prior to September 11, 2001, if the petition or application was rendered void due to a terrorist act of September 11, 2001. Spouse, child of such alien, or the grandparent of a child orphaned by a terrorist act of September 11, 2001 Section 421 of Public Law 107-56. * * * * * * * Dated: July 31, 2002. George Lannon, Acting Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 02-20090 Filed 8-28-02; 8:45 am]

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