Unknown. Interim final rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-10-01.xml --- 67 190 Tuesday, October 1, 2002 Contents AID Agency for International Development NOTICES Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61574 02-24806 Agricultural Agricultural Marketing Service RULES Tobacco inspection: Flue-Cured Tobacco Advisory Committee; membership regulations amendments, 61467-61468 02-24905 PROPOSED RULES Plant Variety and Protection Office; fee increase, 61545-61547 02-24903 NOTICES Reports and guidance documents; availability, etc.:

Universal Cotton Standards Advisory Committee; recommendations, 61574 02-24904 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Fruits and vegetables, imported; quarantine, 61547-61564 02-24847 NOTICES Committees; establishment, renewal, termination, etc.: National Poultry Improvement Plan General Conference Committee, 61574-61575 02-24829 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Reports and guidance documents; availability, etc.:

Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61575-61576 02-24832 Census Census Bureau NOTICES Surveys, determinations, etc.: Trade; annual, 61576 02-24861 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 61632 02-24827 Centers Centers for Medicare & Medicaid Services RULES Medicare: Direct graduate medical education payments; CFR correction, 61496 02-55519 Medicare and Medicaid:

Programs of All-inclusive Care for Elderly; program revisions, 61496-61506 02-24858 NOTICES Grants and cooperative agreements; availability, etc.: State Children's Health Insurance Program; allotments to States, District of Columbia, and U.S. territories and commonwealths, 61632-61638 02-24846 Coast Guard Coast Guard RULES Ports and waterways safety: Calvert Cliffs Nuclear Power Plant, Chesapeake Bay, MD; security zone, 61494-61495 02-24940 NOTICES Grants and cooperative agreements; availability, etc.:

National boating safety activities; national, nongovernmental, nonprofit, public service organizations, 61720-61721 02-24939 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Commodity Credit Corporation RULES Loan and purchase programs: Payment limits, 61468-61470 02-24817 Peanut quota buyout program, 61470-61474 02-24816 PROPOSED RULES Loan and purchase programs:

Bioenergy Program, 61565-61568 02-24539 Defense Defense Department RULES Acquisition regulations: Technical amendments, 61516-61519 02-24717 NOTICES Agency information collection activities: Proposed collection; comment request, 61601-61604 02-24713 02-24714 02-24716 02-24824 Meetings: Science Board, 61604-61605 02-24825 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: Walker Machine & Foundry Corp. et al., 61576-61577 02-24852 Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 61605 02-24828 Grants and cooperative agreements; availability, etc.: Postsecondary education— Graduate Assistance in Areas of National Need Program, 61605-61607 02-24922 Postsecondary education: Accrediting agencies and State approval agencies for vocational and nurse education institutions; national recognition; comment request, 61607-61608 02-24826 Employment Employment Standards Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 61669-61670 02-24899 Energy Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration See Western Area Power Administration EPA Environmental Protection Agency NOTICES Agency information collection activities: Submission for OMB review; comment request, 61621-61622 02-24805 Air programs: State implementation plans; adequacy status for transportation conformity purposes— Utah, 61622 02-24916 Meetings:

Science Advisory Board, 61622-61624 02-24915 Superfund; response and remedial actions, proposed settlements, etc.: Koppers Charleston Site, SC, 61624 02-24914 Zionsville Third Site, IN, 61624-61625 02-24913 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration RULES Airworthiness directives: Air Tractor, Inc., 61481-61483 02-24404 Boeing, 61476-61481 02-24405 02-24406 PROPOSED RULES Airworthiness directives: McDonnell Douglas, 61569-61571 02-24689 NOTICES Exemption petitions; summary and disposition, 61721-61722 02-24934 02-24935 FCC Federal Communications Commission RULES Digital television stations; table of assignments:

Iowa, 61515-61516 02-24896 PROPOSED RULES Digital television stations; table of assignments: Georgia, 61572 02-24898 North Dakota, 61572-61573 02-24897 NOTICES Meetings: 2003 World Radiocommunication Conference Advisory Committee, 61625-61626 02-24894 Federal Emergency Federal Emergency Management Agency RULES Disaster assistance: Hazard mitigation planning and Hazard Mitigation Grant Program, 61512-61515 02-24998 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.:

Southern California Edison, 61610 02-24837 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 61608 02-24840 Dominion Transmission Inc., 61608-61609 02-24836 02-24841 PG&E Gas Transmission, Northwest Corp., 61609 02-24842 02-24843 Tennessee Gas Pipeline Co., 61609-61610 02-24838 02-24839 Federal Housing Federal Housing Finance Board NOTICES Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61626 02-24923 Federal Reserve Federal Reserve System NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 61626-61630 02-24680 02-24848 Banks and bank holding companies: Formations, acquisitions, and mergers, 61630-61631 02-24681 02-24850 02-24851 Permissible nonbanking activities, 61631 02-24849 Meetings; Sunshine Act, 61631 02-25061 Fish Fish and Wildlife Service RULES Endangered and threatened species: Preble's meadow jumping mouse, 61531-61537 02-24633 NOTICES Grants and cooperative agreements; availability, etc.: Landowner Incentive Program (non-tribal portion) for States, territories, and District of Columbia, 61640-61648 02-24859 Private Stewardship Program, 61649-61662 02-24860 Food Food and Drug Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 61638-61639 02-24811 Meetings: Pharmaceutical Science Advisory Committee, 61639-61640 02-24812 02-24813 Forest Forest Service NOTICES Meetings: Willamette Provincial Advisory Committee, 61575 02-24853 GAO General Accounting Office PROPOSED RULES Administrative practice and procedure: Bid protest regulations; revision, 61542-61545 02-24803 GSA General Services Administration NOTICES Committees; establishment, renewal, termination, etc.: Governmentwide Per Diem Advisory Board, 61631 02-24833 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration Hearings Hearings and Appeals Office, Interior Department RULES Hearings and appeals procedures:

Surface coal mining; addresses, telephone numbers, etc., 61506-61512 02-24417 Housing Housing and Urban Development Department RULES Grants: HOME Investment Partnerships Program, 61751-61757 02-24820 Immigration Immigration and Naturalization Service RULES Nonimmigrant classes: Aliens coming temporarily to U.S. to perform agricultural labor or services; H-2A classification peititions; adjudication delegated to Labor Department Withdrawn, 61474-61476 02-25031 PROPOSED RULES Nonimmigrant classes:

Temporary agricultural worker (H-2A) petitions; processing procedures; withdrawn, 61568-61569 02-24845 NOTICES Temporary protected status program designations: Liberia, 61664-61667 02-24992 Indian Indian Affairs Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 61759-61760 02-24819 Submission for OMB review; comment request, 61662 02-24911 Interior Interior Department See Fish and Wildlife Service See Hearings and Appeals Office, Interior Department See Indian Affairs Bureau See Land Management Bureau International International Trade Administration NOTICES Antidumping:

Circular welded non-alloy steel pipe from— Korea, 61578-61579 02-24927 Cold-rolled carbon steel flat products from— Russian Federation, 61579-61591 02-24925 Polyvinyl alcohol from— Various countries, 61591-61595 02-24928 Steel concrete reinforcing bars from— Turkey, 61595-61596 02-24926 Antidumping and countervailing duties: Five year (sunset) reviews— Initiation of reviews, 61577-61578 02-24929 International International Trade Commission NOTICES Import investigations: Collated roofing nails from— China and Taiwan, 61662-61664 02-24930 Justice Justice Department See Immigration and Naturalization Service Labor Labor Department See Employment Standards Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 61667-61668 02-24900 02-24901 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61669 02-24741 Land Land Management Bureau RULES Land resource management: Recreation permits for public lands, 61731-61745 02-24748 PROPOSED RULES Land resource management: Recreation permits for public lands, 61745-61749 02-24749 Management Management and Budget Office NOTICES Reports and guidance documents; availability, etc.:

Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61701-61702 02-24459 Medicare Medicare Payment Advisory Commission NOTICES Meetings, 61670 02-24931 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Broad agency announcements; safety and risk-based management, 61519-61521 02-24774 Contract actions pending resolution of agency protest; approval authority, 61519 02-24773 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Child restraint systems— Labels and instructions; simplification, 61523-61531 02-24936 NOTICES Agency information collection activities: Proposed collection; comment request, 61722-61724 02-24890 02-24938 Motor vehicle safety standards; exemption petitions, etc.: Uniroyal Goodrich Tire Manufacturing, 61724 02-24937 National National Institute for Literacy NOTICES Meetings: Advisory Board; correction, 61670 02-24962 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Atlantic highly migratory species— Atlantic bluefin tuna, 61537-61541 02-24946 Oil Pollution Act: Natural resource damage assessments, 61483-61493 02-24918 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 61596 02-24951 New England Fishery Management Council, 61596-61597 02-24950 Pacific Fishery Management Council, 61597-61598 02-24948 02-24949 Ocean and coastal resource management: Marine sancturaries— Hawaiian Islands Humpback Whale National Marine Sanctuary, HI, 61598 02-24921 Permits:

Marine mammals, 61598-61599 02-24947 National Science National Science Foundation NOTICES Meetings: Engineering Proposal Review Panel, 61670 02-24823 Environmental Research and Education Advisory Committee, 61670-61671 02-24822 National Telecommunications National Telecommunications and Information Administration NOTICES Electronic Signatures in Global and National Commerce Act; implementation: Domestic and family law documents exception, 61599-61601 02-24891 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 61671 02-24999 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Source Term Modeling Peer Review Committee, 61674 02-24941 Meetings; Sunshine Act, 61674 02-25066 Operating licenses, amendments; no significant hazards considerations; biweekly notices; correction, 61674-61695 02-24616 02-24943 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61695-61699 02-24944 *Applications, hearings, determinations, etc.:* Beale, Perry M., 61671-61674 02-24942 Nuclear Nuclear Waste Technical Review Board NOTICES Reports and guidance documents; availability, etc.:

Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61699-61701 02-24866 Office Office of Management and Budget See Management and Budget Office Pension Pension Benefit Guaranty Corporation NOTICES Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61702 02-24902 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

National Association of Securities Dealers, Inc., 61702-61706 02-24830 02-24907 02-24908 02-24909 New York Stock Exchange, Inc., 61706-61707 02-24910 OneChicago, LLC, 61707-61715 02-24906 SBA Small Business Administration NOTICES Disaster loan areas: Georgia, Florida, and Alabama, 61715 02-24854 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61715 02-24920 Social Social Security Administration NOTICES Agency information collection activities:

Proposed collection and submission for OMB review; comment request, 61715-61717 02-24808 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61717-61718 02-24809 Southwestern Southwestern Power Administration NOTICES Power rates: Integrated System rate schedules, 61610-61617 02-24863 Sam Rayburn Dam Project, 61617-61619 02-24864 State State Department NOTICES Agency information collection activities:

Proposed collection; comment request, 61718 02-24807 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 61724-61725 02-24737 Union Pacific Railroad Co., 61725 02-24604 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61725 02-24738 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board RULES Transportation workplace drug and alcohol testing programs:

Non-evidential alcohol screening devices; procedures, 61521-61523 02-24731 NOTICES Aviation proceedings: Agreements filed; weekly receipts, 61718-61719 02-24889 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 61719 02-24888 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61719-61720 02-24887 Treasury Treasury Department NOTICES Senior Executive Service:

Combined Performance Review Board; membership, 61725-61726 02-24818 Legal Division Performance Review Board; membership, 61726 02-24673 Veterans Veterans Affairs Department NOTICES Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 61726-61729 02-24917 Western Western Area Power Administration NOTICES Environmental statements; availability, etc.: U.S. 93 Hoover Dam Bypass Project; transmission lines, 61619-61621 02-24862 Separate Parts In This Issue Part II Interior Department, Land Management Bureau, 61731-61749 02-24748 02-24749 Part III Housing and Urban Development Department, 61751-61757 02-24820 Part IV Interior Department, Indian Affairs Bureau, 61759-61760 02-24819 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. 67 190 Tuesday, October 1, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 29 [Docket No. TB-02-14] RIN 0581-AC11 Flue-Cured Tobacco Advisory Committee; Amendment of Regulations AGENCY:

Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: The U.S. Department of Agriculture

(USDA)is amending the regulations for the Flue-Cured Tobacco Advisory Committee (FCTAC) by removing the sections which specify composition of the committee. This will allow greater flexibility in responding to changing marketing conditions. DATES: Effective October 2, 2002. Comments are due before December 2, 2002. ADDRESSES: Send comments to John P. Duncan III, Deputy Administrator, Tobacco Programs, Agricultural Marketing Service (AMS), United States Department of Agriculture (USDA), STOP 0280, 1400 Independence Avenue, SW., Washington, DC 20250-0280. Comments will be available for public inspection at this location during regular business hours between 8 am and 4:30 pm, Monday through Friday, except holidays. FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy Administrator, Tobacco Programs, AMS, USDA, STOP 0280, 1400 Independence Avenue, SW., Washington, DC 20250-0280; telephone number

(202)205-0567. SUPPLEMENTARY INFORMATION: Since 1935, upon enactment of the Tobacco Inspection Act, the USDA has provided mandatory inspection services at designated tobacco auction markets. In 2002, based on results of referenda conducted among producers eligible for price support, regulations were amended to provide mandatory inspection at places other than designated tobacco auction markets. The USDA has always sought the input of the industry in implementing legislative authority concerning marketing due to the large geographic areas involved and the different procedure in individual types of tobacco such as size and weight of packages used to display the product, the number of designated markets, the number of sets of buyers present, the number of sales days, and other matters that directly impact on the operation of the auction markets and, therefore, the Federal presence necessary to provide the level of service desired by producers and industry. In 1974, at the request of the industry, the USDA established the Flue-Cured Tobacco Advisory Committee (FCTAC) to provide a mechanism for consultation with flue-cured producers, warehouse representatives, and buying interests on the problems peculiar to that type of tobacco with particular emphasis on the grower designation program. The composition of the committee was specified in regulations although it was not necessary and is not customary. At a recent meeting, the FCTAC recommended that the regulations referencing its composition and representation be removed. Removal of these regulations will not alter the FCTAC's purpose nor direction for an orderly marketing of tobacco but will allow the USDA more flexibility in making structural changes in its composition as a result of new marketing changes. Historically, almost all flue-cured tobacco was sold at auction. In recent years, most flue-cured tobacco has been sold under contract. The USDA intends to decrease the FCTAC from 39 members, each with an alternate, to 21 members, each with an alternate. The entities currently represented on the FCTAC will not change. The Flue-Cured Stabilization Cooperation will be added with one member. The rest of the apportionment will change as follows: Georgia, South Carolina, and Virginia Farm Bureaus will decrease from two members each to one member each; North Carolina Farm Bureau will decrease from eight members to four members; North Carolina State Grange will decrease from four members to two members; Tobacco Association of United States will decrease from five members to four members; Bright Belt Warehouse Association will decrease from 10 members to one member; Florida Farm Bureau, South Carolina State Grange, Tobacco Growers Association of North Carolina, Philip Morris USA, R. J. Reynolds Tobacco Company, and Lorillard Tobacco Company will all remain unchanged with one member each. There are currently regulations at 7 CFR subpart G, §§ 29.9401-29.9407 covering the FCTAC. Section 29.9403 (b), (c), (d), and

(e)would be removed. Executive Order 12866 and 12988 This rule has been determined to be not significant for purposes of Executive Order 12866, and, therefore, has not been reviewed by the Office of Management and Budget. This rule has been reviewed under Executive order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. The rule will not exempt any State of local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act In conformance with the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), full consideration has been given to the potential economic impact upon small business. All tobacco warehouses and producers fall within the confines of “small business: which are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $3,500,000. There are approximately 190 tobacco warehouses and approximately 450,000 tobacco producers and most warehouses and producers may be classified as small entities. The AMS has determined that this action will not have a significant economic impact on a substantial number of small entities. This interim final rule would not substantially affect the normal movement of the commodity into the marketplace. Compliance with this interim final rule would not impose substantial direct economic cost, recordkeeping, or personnel workload changes on small entities, and would not alter the market share of competitive positions of small entities relative to the large entities and would in no way affect normal competition in the marketplace. This rule merely removes section of the regulations that specify composition of the FCTAC. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary and customary to the public interest to give preliminary notice prior to putting this rule in effect, and that good cause exists for not postponing the effective date of this rule until 60 days after publication in the **Federal Register** so that USDA can utilize the advice of a committee which reflects the current makeup of the tobacco industry during the current marketing season. This interim final rule provides a 60-day comment period, and all comments timely received will be considered prior to the finalization of this rule. List of Subjects in 7 CFR Part 29 Administrative practice and procedure, Advisory committees, Government publications, Imports, Pesticides and pests, Reporting and recordkeeping procedures, Tobacco. For the reasons set forth in the preamble, the regulations at 7 CFR part 29 are amended as follows: PART 29—TOBACCO INSPECTION Subpart G—Policy Statement and Regulations Governing Availability of Tobacco Inspection and Price Support Services to Flue-Cured Tobacco on Designated Markets 1. The authority citation for part 29, subpart G continues to read as follows: Authority: Tobacco Inspection Act, 49 Stat. 731 (7 U.S.C. *et seq.* ); Commodity Credit Corporation Charter Act, 62 Stat. 1070, as amended (15 U.S.C. 714 *et seq.* ); sec. 213, Pub. L. 98-180, 97 Stat. 1149 (7 U.S.C. 1421; 49 Stat. 731 (7 U.S.C. 511 *et seq.* ), unless otherwise noted. § 29.9403 [Amended] 2. In § 29.9403, paragraphs (b), (c), (d),

(e)and paragraph designation “(a)” are removed. Dated: September 25, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-24905 Filed 9-30-02; 8:45 am]

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