Unknown. Final rule; technical amendment

2,819 words·~13 min read·/register/2002/09/13/02-23314

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-09-13.xml --- 67 178 Friday, September 13, 2002 Contents Agriculture Agriculture Department See Forest Service Air Force Air Force Department NOTICES Meetings: Scientific Advisory Board, 58024-58025 02-23303 02-23304 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request, 58055-58057 02-23284 02-23285 Coast Guard Coast Guard RULES Ports and waterways safety: St. Croix, U.S Virgin Islands; security zone, 57952-57954 02-23281 Regattas and marine parades: John Randolph Memorial James River Swim, 57950-57952 02-23403 PROPOSED RULES Ports and waterways safety: Lower Mississippi River, Greenville, MS; regulated navigation area, 58006-58009 02-23404 NOTICES Reports and guidance documents; availability, etc.:

Merchant mariners as Global Marine Distress and Safety System radio operators; proficiency demonstrations, assessment guidelines, 58097-58098 02-23402 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 58013-58015 02-23381 02-23382 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

India, 58023-58024 02-23384 Macau, 58024 02-23385 Commodity Commodity Futures Trading Commission RULES Securities: Accounts holding security futures products; applicability of customer protection, recordkeeping, reporting, and bankruptcy rules, etc., 58283-58300 02-23274 Court Court Services and Offender Supervision Agency for the District of Columbia RULES Federal Tort Claims Act procedures, 57947-57949 02-23375 Defense Defense Department See Air Force Department See Navy Department Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Special education and rehabilitative services— Field-Initiated Projects and Advanced Rehabilitation Research Training Projects, 58025-58028 02-23396 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 58079-58081 02-23075 Energy Energy Department See Federal Energy Regulatory Commission Engraving Engraving and Printing Bureau NOTICES Privacy Act: Systems of records, 58101-58102 02-23306 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

California, 02-23253 02-23255 57954-57963 02-23256 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 58009 02-23254 NOTICES Air pollutants, hazardous; national emission standards: Applicability Determination Index database system; agency applicability determinations, alternative monitoring decisions, and regulatory interpretations, 58028-58036 02-23367 Environmental statements; availability, etc.: Agency statements— Comment availability, 58036-58037 02-23368 Weekly receipts, 58037 02-23369 Grants and cooperative agreements; availability, etc.:

State/Tribal/Local Government Wetlands Protection Development Program, 58038-58041 02-23365 Pesticide registration, cancellations, etc.: Diclofop-methyl, etc., 58041-58051 02-23265 Superfund; response and remedial actions, proposed settlements, etc.: Jasper County/Tri-State Mining Area Site, MO, 58051-58052 02-23366 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Empresa Brasileira de Aeronautica, S.A.

(EMBRAER); correction, 57941 02-23287 Class E airspace, 57941-57942 02-21329 Restricted areas, 57942-57943 02-23282 PROPOSED RULES Airworthiness directives: Airbus, 57982-57984 02-23292 Cameron Balloons Ltd., 57992-57994 02-23288 Dornier, 57984-57986 02-23291 Mitsubishi Heavy Industries, Ltd., 57989-57991 02-23289 Pratt & Whitney, 57986-57989 02-23290 NOTICES Reports and guidance documents; availability, etc.: Headrests on aft-facing seats; certification, 58098-58099 02-23283 FCC Federal Communications Commission RULES Digital television stations; table of assignments:

Illinois, 57970 02-23300 NOTICES Meetings: North American Numbering Council, 58052 02-23352 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities: Submission for OMB review; comment request, 58052-58053 02-23298 Disaster and emergency areas: Guam, 58053 02-23299 National Flood Insurance Program: Flood map changes, 58137-58281 02-23297 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Practice and procedure: Critical energy infrastructure information; public availability restriction, 57994-58006 02-23302 Uniform Systems of Accounts:

Cash management practices Technical conference, 57994 02-23217 Federal Reserve Federal Reserve System RULES Membership of State banking institutions (Regulation H): Reporting and disclosure requirements, 57938-57941 02-23364 NOTICES Banks and bank holding companies: Change in bank control, 58053-58054 02-23279 Formations, acquisitions, and mergers, 58054 02-23278 Permissible nonbanking activities, 58054 02-23277 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Moxidectin, 57943-57944 02-23339 NOTICES Meetings: Evaluating safety of antimicrobial new animal drugs with regard to their microbiological effects on bacteria of human health concern; industry guidance, 58057-58058 02-23386 Reports and guidance documents; availability, etc.: Evaluating safety for antimicrobial new animal drugs with regard to their microbiological effects on bacteria of human health concern; industry guidance, 58058-58060 02-23387 Forest Forest Service NOTICES Environmental statements; notice of intent:

Rogue River National Forest, OR, 58010-58011 02-23343 Tongass National Forest, AK, 58011-58012 02-23296 Meetings: California Coast Provincial Advisory Committee, 58010 02-23363 Resource Advisory Committees— Eastern Arizona Counties, 58013 02-23342 Plumas County, 58012-58013 02-23337 GSA General Services Administration RULES Federal travel: Miscellaneous corrections and additions, 57963-57969 02-22414 Government Government Ethics Office RULES Government ethics: Incumbent public financial disclosure reports; technical amendment, 57937-57938 02-23314 Government Government Printing Office NOTICES Meetings:

Depository Library Council, 58054-58055 02-23341 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 58055 02-23344 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 58069-58070 02-23276 Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 58105-58135 02-23051 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 58077-58078 02-23392 02-23394 Submission for OMB review; comment request, 58078-58079 02-23393 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service International International Trade Administration NOTICES Antidumping:

Cut-to-length carbon steel plate from— Mexico, 58015-58018 02-23388 Natural bristle paintbrushes and brush heads from— China, 58018 02-23391 Tin mill products from— Japan, 58018-58019 02-23389 Countervailing duties: Alloy and pure magnesium from— Canada, 58019-58020 02-23390 International International Trade Commission NOTICES Import investigations: Cold-rolled steel products from— Various countries, 58074 02-23347 Gel-filled wrist rests and products containing same, 58074-58076 02-23348 Polyvinyl alcohol from— Various countries, 58076-58077 02-23349 Justice Justice Department See Immigration and Naturalization Service See Parole Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 58077 02-23374 Labor Labor Department See Employment Standards Administration NOTICES Meetings: Trade Negotiations and Trade Policy Labor Advisory Committee, 58079 02-23395 Land Land Management Bureau NOTICES Alaska Native Claims selection: Doyon, Ltd., 58070 02-23301 Minerals Minerals Management Service NOTICES Committees; establishment, renewal, termination, etc.: Minerals Management Advisory Board, 58070-58071 02-23272 NASA National Aeronautics and Space Administration NOTICES Meetings:

Advisory Council Aerospace Technology Advisory Committee, 58081 02-23293 Planetary Protection Advisory Committee, 58081 02-23294 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 58081-58083 02-23350 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 58060-58061 02-23334 Meetings: National Cancer Institute, 58061 02-23320 National Heart, Lung, and Blood Institute, 58061-58062 02-23325 02-23326 National Institute of Allergy and Infectious Diseases, 58065-58066 02-23329 02-23331 02-23332 National Institute of Child Health and Human Development, 02-23315 58062-58064 02-23316 02-23321 National Institute of Dental and Craniofacial Research, 58065 02-23328 National Institute of Diabetes and Digestive and Kidney Diseases, 58064-58065 02-23327 National Institute of General Medical Sciences, 58063-58064 02-23318 02-23319 02-23322 National Institute of Mental Health, 58065 02-23330 National Institute on Aging, 58064 02-23323 National Institute on Alcohol Abuse and Alcoholism, 58063 02-23317 Scientific Review Center, 58066 02-23324 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Adenosine Therapeutics; correction, 58066 02-23333 Amrad Corp. Ltd., 58067 02-23336 EntPharma, Inc., 58067-58068 02-23335 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Permit transfers, 57970-57973 02-23397 Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 57973-57981 02-23383 NOTICES Endangered and threatened species: Anadromous fish take— Puget Sound Indian Tribes, WA;

Hood Canal summer-run chum salmon, 58020-58021 02-23401 Meetings: Commercial Remote Sensing Advisory Committee, 58021 02-23407 Permits: Endangered and threatened species, 58021-58022 02-23400 Foreign fishing, 58022-58023 02-23398 Marine mammals, 58023 02-23399 National Park National Park Service NOTICES Environmental statements; availability, etc.: Powell Lake, Glen Canyon National Recreation Area, AZ and UT; personal watercraft use, 58071-58072 02-23371 Environmental statements; notice of intent:

Chesapeake and Ohio Canal National Historical Park, MD, 58072 02-23370 Meetings: Cape Cod National Seashore Advisory Commission, 58073 02-23372 National Capital Memorial Commission, 58073 02-23373 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 58025 02-23305 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 58083 02-23359 Meetings: Nuclear Waste Advisory Committee, 58085-58086 02-23362 *Applications, hearings, determinations, etc.:* Engineering & Inspections Unlimited, Inc., 58083-58084 02-23360 McKenna, Brian J., 58084-58085 02-23361 Parole Parole Commission RULES Federal prisoners; paroling and releasing, etc.:

United States and District of Columbia Codes; prisoners serving sentences, 57944-57947 02-23154 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 57949-57950 02-23346 NOTICES Multiemployer plans: Interest rates and assumptions, 58086-58087 02-23345 Presidential Presidental Documents ADMINISTRATIVE ORDERS Terrorist attacks; continuation of emergency with respect to certain (Notice of September 12, 2002), 58315-58317 02-23581 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration NOTICES Hazardous materials:

Applications; exemptions, renewals, etc., 58099-58100 02-23280 SEC Securities and Exchange Commission RULES Securities: Accounts holding security futures products; applicability of customer protection, recordkeeping, reporting, and bankruptcy rules, etc., 58283-58300 02-23274 Security futures products: Broker-dealers; transaction confirmation requirements, 58301-58313 02-23309 NOTICES Agency information collection activities: Proposed collection; comment request, 58087-58088 02-23353 Meetings;

Sunshine Act, 58088 02-23436 02-23437 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 58088-58090 02-23354 Government Securities Clearing Corp., 58090-58092 02-23356 National Association of Securities Dealers, Inc., 58092-58093 02-23311 Options Clearing Corp., 58093-58095 02-23310 Pacific Exchange, Inc., 58095-58097 02-23355 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

American Indian/Alaska Native National Resource Center for Substance Abuse, 58068-58069 02-23340 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Marshall County Regional Railroad Authority, 58100 02-23094 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Engraving and Printing Bureau NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-23307 58100-58101 02-23308 Veterans Veterans Affairs Department NOTICES Agency information collection activities: Proposed collection; comment request, 58102-58103 02-23313 Separate Parts In This Issue Part II Housing and Urban Development Department, 58105-58135 02-23051 Part III Federal Emergency Management Agency, 58137-58281 02-23297 Part IV Commodity Futures Trading Commission; Securities and Exchange Commission, 58283-58300 02-23274 Part V Securities and Exchange Commission, 58301-58313 02-23309 Part VI The President, 58315-58317 02-23581 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. 67 178 Friday, September 13, 2002 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2634 RIN 3209-AA00 Technical Amendment to Executive Branch Regulation Governing the Reporting Period for Incumbent Public Financial Disclosure Reports AGENCY:

Office of Government Ethics (OGE). ACTION: Final rule; technical amendment. SUMMARY: The Office of Government Ethics is issuing a final rule to amend the executive branchwide regulation that describes the reporting period for incumbent public financial disclosure reports to conform with the Ethics in Government Act, OGE regulations, and the report form instructions. EFFECTIVE DATE: October 15, 2002. FOR FURTHER INFORMATION CONTACT: Lorna A. Syme, Government Ethics Specialist, Program Services Division, Office of Government Ethics;

Telephone: 202-208-8000, extension 1141; TDD: 202-208-8025; FAX: 202-208-8039. SUPPLEMENTARY INFORMATION: In this rulemaking, OGE is making a technical amendment to subpart C of its executive branchwide financial disclosure regulation codified at 5 CFR part 2634. Section 2634.308(a) of subpart C sets forth the reporting period for incumbent public financial disclosure reports, which shall be either the preceding calendar year or any portion of that year not already covered by a new entrant or nominee report.

The Office of Government Ethics is revising this provision in order to eliminate the language which permits exclusion of any portion of the preceding calendar year already covered by a new entrant or nominee report, so that the reporting period conforms with the time periods specified in the Ethics in Government Act of 1978, 5 U.S.C. appendix, OGE regulations, and the instructions to the public financial disclosure report form (SF 278). The Office of Government Ethics believes that the change to the reporting period embodied in this technical amendment is consistent with its oversight responsibilities pursuant to the Ethics Act, as well as the applicable provisions (section 102(a) dealing with contents of reports) of the Act.

Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of Government Ethics, I find good cause exists for waiving the general notice of proposed rulemaking and the opportunity for public comment as to this revision. The notice and comment are being waived because this technical amendment concerns matters of agency organization, practice and procedure, and it is in the public interest that the amendment take effect promptly.

Executive Order 12866 In promulgating this technical amendment, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. This amendment has not been reviewed by the Office of Management and Budget under the Executive order, since it is not deemed “significant” thereunder. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this final amendatory regulation in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein.

Regulatory Flexibility Act As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking will not have a significant economic impact on a substantial number of small entities because it only affects executive branch public financial disclosure filers and the administration of the reporting system within executive branch agencies. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this final rule technical amendment does not contain information collection requirements that require the approval of the Office of Management and Budget.

Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this rule will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation) in any one year. Congressional Review Act The Office of Government Ethics has determined that this amendatory rulemaking is a nonmajor rule under the Congressional Review Act (5 U.S.C. chapter 8) and has submitted a report thereon to the United States Senate, House of Representatives and General Accounting Office in accordance with that law.

List of Subjects in 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Financial disclosure, Government employees, Penalties, Privacy, Reporting and recordkeeping requirements, Trusts and trustees. Approved: September 6, 2002. Amy L. Comstock, Director, Office of Government Ethics. For the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR part 2634 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1.

The authority citation for part 2634 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. Subpart C—Contents of Reports 2.

Section 2634.308 is amended by revising paragraph

(a)to read as follows: § 2634.308 Reporting periods and contents of public financial disclosure reports.

(a)*Incumbents.* Each public financial disclosure report filed pursuant to § 2634.201(a) shall include on the standard form prescribed by the Office of Government Ethics consistent with subpart F of this part and in accordance with instructions issued by that Office, a full and complete statement of the information required to be reported according to the provisions of subpart C of this part, for the preceding calendar year (except for §§ 2634.303 and 2634.304, relating to transactions and gifts/reimbursements, for which the reporting period does not include any portion of the previous calendar year during which the filer was not a Federal employee), and in the case of §§ 2634.306 and 2634.307, to include the additional period up to the date of filing. [FR Doc. 02-23314 Filed 9-12-02; 8:45 am]

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