Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-09-03.xml --- 67 170 Tuesday, September 3, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Services Research Initial Review Group Committee, 56292 02-22330 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Farm Service Agency See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service RULES User fees:

Agricultural and quarantine inspection services; current fees extension beyond 2002 FY, 56217-56218 02-22313 Architectural Architectural and Transportation Barriers Compliance Board RULES Americans with Disabilities Act; implementation: Accessibility guidelines— Recreation facilities, 56351-56440 02-21805 PROPOSED RULES Americans with Disabilities Act; implementation: Accessibility guidelines—- Recreation facilities, 56440-56441 02-21806 Census Census Bureau NOTICES Meetings:

Census Advisory Committees, 56266-56267 02-22323 Centers Centers for Disease Control and Prevention NOTICES Reports and guidance documents; availability, etc.: Healthcare-associated pneumonia prevention, 56292-56293 02-22309 Children Children and Families Administration NOTICES Meetings: Mental Retardation, President's Committee, 56293 02-22318 Coast Guard Coast Guard RULES Ports and waterways safety: Narragansett Bay et al., RI; safety and security zones, 56222-56225 02-22339 Safety zones and security zones, etc.; list of temporary rules Correction, 56222 02-22341 Regattas and marine parades:

St. Mary's Seahawk Sprint, 56220-56221 02-22338 PROPOSED RULES Drawbridge operations: Massachusetts, 56247-56249 02-22337 Ports and waterways safety: Oahu, Maui, Hawaii, and Kauai, HI; anchorages and security zones, 56245-56247 02-22340 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commission of Fine Commission of Fine Arts NOTICES Meetings, 56281 02-22305 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Illegal transshipment; entry denial— Macau; Cheerful Garment Factory et al., 56282 02-22292 Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.: Cattle Feed Program, 56260-56262 02-22437 Loan and purchase programs: 2002-crop sugar marketing allotments and cane sugar allotment; hearing, 56262-56263 02-22438 Defense Defense Department See Navy Department Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 56284-56285 02-22319 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program: Dishwashers; test procedures, 56232-56244 02-22315 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Lactic acid, ethyl ester, and lactic acid, n-butyl ester, 56225-56229 02-22369 PROPOSED RULES Air quality planning purposes; designation of areas:

Washington, 56249-56252 02-22362 NOTICES Air pollution control: Citizens suits; proposed settlements— Louisiana Environmental Action Network, 56288 02-22367 State operating permits programs— Missouri, 56288-56289 02-22365 Meetings: Motor vehicle emission factors; mobile source emissions models; MOBILE, NONROAD, and MOVES models; workshop, 56289 02-22366 Reports and guidance documents; availability, etc.: Diesel engine exhaust; health assessment document, 56290 02-22368 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Service Agency NOTICES Grants and cooperative agreements; availability, etc.:

Cattle Feed Program, 56260-56262 02-22437 FAA Federal Aviation Administration RULES Airworthiness directives: Raytheon, 56218-56219 02-22176 FCC Federal Communications Commission NOTICES Agency information collection activities: Proposed collection; comment request, 56290-56291 02-22325 Meetings: Technological Advisory Council, 56291 02-22324 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Canyon Creek Compression Co., 56285-56286 02-22296 Dauphin Island Gathering Partners, 56286 02-22295 Energy Investments Management, Inc., 56286 02-22294 Iroquois Gas Transmission System, L.P., 56286-56287 02-22299 Midwest Independent System Operator et al., 56287 02-22293 Northwest Pipeline Corp., 56287 02-22298 PG&E Gas Transmission, Northwest Corp., 56287-56288 02-22297 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Pottawattamie County, IA, and Douglas County, NE, 56341 02-22326 Federal Railroad Federal Railroad Administration NOTICES Meetings: Railroad Safety Advisory Committee, 56343-56344 02-22322 Railroad Safety Advisory Committee; working group activity update, 56341-56343 02-22321 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 56291 02-22334 Formations, acquisitions, and mergers, 56291-56292 02-22335 Federal Open Market Committee:

Domestic policy directives, 56292 02-22333 Federal Transit Federal Transit Administration NOTICES Buy America waivers: North American Bus Industries, 56344 02-22265 Orion Bus Industries, 56344-56345 02-22264 Environmental statements; availability, etc.: Eugene-Springfield, OR— North Eugene Bus Rapid Transit Corridor, 56345-56346 02-22370 North Springfield Bus Rapid Transit Corridor, 56346 02-22371 Fine Arts Fine Arts Commission See Commission of Fine Arts Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Truckee barberry, 56254-56257 02-22300 Westslope cutthroat trout; status review, 56257-56259 02-22303 NOTICES Endangered and threatened species permit applications, 56296-56297 02-22171 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Madera County, 56263 02-22306 Geological Geological Survey NOTICES Agency information collection activities: Submission for OMB review; comment request, 56297-56298 02-22312 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions:

Illinois, 56263 02-22084 Various States, 02-22082 56264-56266 02-22083 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Substance Abuse and Mental Health Services Administration PROPOSED RULES Privacy Act: Systems of records, 56252-56254 02-22516 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 56295-56296 02-22329 Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac); utility allowances, 56471-56473 02-22328 Industry Industry and Security Bureau NOTICES Meetings:

Regulations and Procedures Technical Advisory Committee, 56267 02-22387 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes: Foreign personal holding company income; definition Hearing cancellation, 56244 02-22377 NOTICES Agency information collection activities: Proposed collection; comment request, 02-22379 56348-56349 02-22380 02-22381 Meetings:

Art Advisory Panel, 56349-56350 02-22378 International International Trade Administration NOTICES Antidumping: Oil country tubular goods from— Mexico, 56269-56271 02-22358 Antidumping and countervailing duties: Administrative review requests, 56267-56268 02-22357 Five year (sunset) reviews— Initiation of reviews, 56268-56269 02-22355 International International Trade Commission NOTICES Import investigations: Carbon steel plate from— Various countries, 56311-56313 02-22356 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Grants and cooperative agreements; availability, etc.:

Victim Assistance Program, 56443-56458 02-21830 Labor Labor Department See Pension and Welfare Benefits Administration Land Land Management Bureau NOTICES Classification of public lands: Nevada, 56298 02-22390 Closure of public lands: Idaho, 56298-56299 02-22392 Montana, 56299 02-22404 Coal leases, exploration licenses, etc.: Kentucky, 56300-56301 02-22399 New Mexico, 56298 02-22400 Utah, 56299-56300 02-22389 Environmental statements; notice of intent: California Desert Conservation Area Plan, CA, 56300 02-22388 San Juan/San Miguel Resource Area, CO, 56301-56302 02-22403 Meetings:

Resource Advisory Councils— Arizona, 56302 02-22310 Motor vehicle use restrictions: Wyoming, 56302-56303 02-22395 Oil and gas leases: New Mexico, 56303 02-22397 Opening of public lands: Wyoming, 56303 02-22401 Realty actions; sales, leases, etc.: California, 56303-56304 02-22402 New Mexico, 56304 02-22393 Utah, 56459-56460 02-22396 Recreation management restrictions, etc.: Colorado public lands; unlawful use of alcohol by underage persons, driving under influence of alcohol and/or drugs, and drug paraphernalia possession, 56305-56307 02-22398 Resource management plans, etc.:

Taos Resource Area, NM, 56301 02-22391 Withdrawal and reservation of lands: New Mexico, 56307-56308 02-22394 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Bridgestone/Firestone North American Tire, LLC, 56347 02-22320 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 56231 02-22345 Deep-water species; closure to vessels using trawl gear in Gulf of Alaska, 56230-56231 02-22344 Northeastern United States fisheries— Summer flounder, 56229-56230 02-22352 NOTICES Marine mammals:

Incidental taking; authorization letters, etc.— Navy Department; San Nicolas Island, CA; missile launch operations; pinnipeds, 56271-56276 02-22351 Meetings: Gulf of Mexico Fishery Management Council, 56277 02-22353 National Park National Park Service NOTICES Environmental statements; availability, etc.: Channel Islands National Park, CA— Santa Cruz Island primary restoration plan, 56308-56309 02-22372 Devils Tower National Monument, WY; general management plan, 56309-56310 02-22374 Mary McLeod Bethune Council House National Historic Site, Washington, DC, 56310-56311 02-22375 Reports and guidance documents; availability, etc.:

Resource damage assessment and restoration; policies and procedures; Director's Order and Handbook availability, 56311 02-22373 National Science National Science Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 56315-56316 02-22308 Meetings: Environmental Biology Proposal Review, 56316 02-22311 National Telecommunications National Telecommunications and Information Administration NOTICES Electronic Signatures in Global and National Commerce Act:

Court documents exception; comment request, 56277-56279 02-22350 Hazardous materials and dangerous goods shipping papers exception; comment request, 56279-56281 02-22349 Navy Navy Department NOTICES Privacy Act: Systems of records, 56282-56284 02-22289 Nuclear Nuclear Regulatory Commission NOTICES Operating licenses, amendments; no significant hazards considerations; biweekly notices, 56317-56333 02-22197 *Applications, hearings, determinations, etc.:* South Carolina Electric & Gas Co., 56316-56317 02-22331 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 56333 02-22524 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; class exemptions: Individual life insurance contracts and annuities, 56313-56315 02-22376 Presidential Presidential Documents PROCLAMATIONS Argentina; duty-free treatment under generalized system of preferences (Proc. 7586), 56211-56213 02-22527 EXECUTIVE ORDERS Waterfront facilities; security and protection (EO 13273), 56215 02-22526 Public Public Health Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Substance Abuse and Mental Health Services Administration SEC Securities and Exchange Commission RULES Organization, functions, and authority delegations:

General Counsel, 56219-56220 02-22302 Securities: Beneficial ownership reports; accelerated filing deadlines; rule and form amendments, 56461-56469 02-22301 NOTICES Meetings; Sunshine Act, 56333 02-22503 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 56333-56335 02-22343 Philadelphia Stock Exchange, Inc., 56335-56338 02-22342 SBA Small Business Administration NOTICES Disaster loan areas: California; correction, 56338-56339 02-22348 Pennsylvania, 56339 02-22347 State State Department NOTICES Meetings:

Labor Diplomacy Advisory Committee, 56339 02-22384 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 56293-56295 02-22304 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 56347-56348 02-22110 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Agency information collection activities:

Submission for OMB review; comment request, 56339-56340 02-22386 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Air carriers: U.S. passenger airlines agreements— Delta/Northwest/Continental; code-sharing and frequent-flyer program reciprocity agreements, 56340-56341 02-22504 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Architectural and Transportation Barriers Compliance Board, 56351-56441 02-21805 02-21806 Part III Justice Department, Justice Programs Office, 56443-56458 02-21830 Part IV Interior Department, Land Management Bureau, 56459-56460 02-22396 Part V Securities and Exchange Commission, 56461-56469 02-22301 Part VI Housing and Urban Development Department, 56471-56473 02-22328 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. 67 170 Tuesday, September 3, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 354 [Docket No. 02-085-1] AQI User Fees: Extension of Current Fees Beyond Fiscal Year 2002 AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the user fee regulations to ensure that fiscal year 2002 user fee rates remain in effect beyond fiscal year 2002 until the fees are revised. In a final rule published in the **Federal Register** on November 16, 1999, we amended the regulations by adjusting the fees charged for certain agricultural quarantine and inspection services we provide in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States.

We should have stated that the fees for fiscal year 2002 would remain in effect until changed by further rulemaking; instead, we indicated that the fees would remain in effect through September 30, 2002. This interim rule will extend existing user fee rates and continue to allow the collection of the fees beyond that date. DATES: This interim rule is effective September 3, 2002. We will consider all comments that we receive on or before November 4, 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. 02-085-1, 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. 02-085-1. 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. 02-085-1” 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: For information concerning program operations, contact Mr. Jim Smith, Assistant Director, Port Operations, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1236;

(301)734-8295. For information concerning rate development, contact Ms. Donna Ford, PPQ User Fees Section Head, FMD, MRPBS, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232,

(301)734-5901. SUPPLEMENTARY INFORMATION: Background Section 2509(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 136a), referred to below as the FACT Act, authorizes the Animal and Plant Health Inspection Service (APHIS) to collect user fees for agricultural quarantine and inspection

(AQI)services. The FACT Act was amended by section 917 of the Federal Agricultural Improvement and Reform Act of 1996 (Pub. L. 104-127), on April 4, 1996. The FACT Act, as amended, authorizes APHIS to collect user fees for providing AQI services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of: • Commercial vessels, • Commercial trucks, • Commercial railroad cars, • Commercial aircraft, and • International airline passengers. According to the FACT Act, as amended, these user fees should recover the costs of: • Providing the AQI services listed above, • Administering the user fee program, and • Until September 30, 2002, maintaining a reasonable balance in the Agricultural Quarantine Inspection User Fee Account (AQI account). On November 16, 1999, we published in the **Federal Register** (64 FR 62089-62096, Docket No. 98-073-2) a final rule amending the user fee regulations in § 354.3 by adjusting the fees charged for certain AQI services we provide in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. We should have stated that the fees for fiscal year

(FY)2002 would remain in effect until changed by further rulemaking; instead, we indicated that the fees would remain in effect through September 30, 2002. In order to recover our costs for providing AQI services after that date, we need to continue to collect user fees. Therefore, we are amending the AQI user fee regulations in § 354.3 to ensure that FY 2002 user fee rates remain in effect beyond FY 2002 until the fees are revised. This interim rule will extend existing user fee rates and continue to allow the collection of the fees beyond September 30, 2002. Collection of these fees is necessary for the continuance of specific border inspection activities that are essential to protect U.S. agriculture from plant and animal disease and pest threats. Immediate Action Immediate action is necessary to continue to allow the collection of AQI user fees beyond September 30, 2002. 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 action 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. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This interim rule amends the AQI user fee regulations to ensure that current fees remain in effect until adjusted through further rulemaking. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) 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 no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 354 Exports, Government employees, Imports, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Travel and transportation expenses. Accordingly, 7 CFR part 354 is amended as follows: PART 354—OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND USER FEES 1. The authority citation for part 354 is revised to read as follows: Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 80503; 7 CFR 2.22, 2.80, and 371.3. 2. Section 354.3 is amended by revising the tables in paragraphs (b)(1), (c)(1), (d)(1), (e)(1), and (f)(1) to read as follows: § 354.3 User fees for certain international services.

(b)* * *

(1)* * * Effective dates Amount January 1, 2000 through September 30, 2000 465.50 October 1, 2000 through September 30, 2001 474.50 October 1, 2001 480.50

(c)* * *

(1)* * * Effective dates Amount January 1, 2000 through September 30, 2000 4.25 October 1, 2000 through September 30, 2001 4.50 October 1, 2001 4.75

(d)* * *

(1)* * * Effective dates Amount January 1, 2000 through September 30, 2000 6.75 October 1, 2000 through September 30, 2001 7.00 October 1, 2001 7.00

(e)* * *

(1)* * * Effective dates Amount January 1, 2000 through September 30, 2000 64.00 October 1, 2000 through September 30, 2001 64.75 October 1, 2001 65.25

(f)* * *

(1)* * * Effective dates 1 Amount January 1, 2000 through September 30, 2000 3.00 October 1, 2000 through September 30, 2001 3.00 October 1, 2001 3.10 1 Persons who issue international airline tickets or travel documents are responsible for collecting the APHIS international airline passenger user fee from ticket purchasers. Issuers must collect the fee applicable at the time tickets are sold. In the event that ticket sellers do not collect the APHIS user fee when tickets are sold, the air carrier must collect the user fee from the passenger upon departure. Carriers must collect the fee applicable at the time of departure from the traveler. Done in Washington, DC, this 27th day of August, 2002. Richard L. Dunkle, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-22313 Filed 8-30-02; 8:45 am]

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