Unknown. Final Rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-10-09.xml --- 67 196 Wednesday, October 9, 2002 Contents Agricultural Agricultural Marketing Service NOTICES Meetings: National Organic Standards Board, 62949-62950 02-25678 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Forest Service See Rural Business-Cooperative Servic See Rural Housing Service See Rural Utilities Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 62946-62949 02-25677 Army Army Department NOTICES Meetings: U.S. Military Academy, Board of Visitors; correction, 63019 C2-25180 Census Census Bureau PROPOSED RULES Foreign trade statistics: Commerce Control List and U.S. Munitions List; items requiring Shipper's Export Declaration; Automated Export System mandatory filing, 62911-62918 02-25667 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Commodity Futures Modernization Act; implementation:

Trading facilities and clearing organizations; new regulatory framework; amendments, 62873-62880 02-25476 Comptroller Comptroller of the Currency RULES Fees assessment Correction, 62872-62873 02-25634 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities: Proposed collection; comment request, 62958-62959 02-25633 Submission for OMB review; comment request, 62959-62960 02-25632 Customs Customs Service RULES Articles conditionally free, subject to reduced rates, etc.:

Beverages made with Caribbean rum; duty-free treatment, 62880-62884 02-25654 PROPOSED RULES Financial and accounting procedures: Reimbursable Customs services; hourly percentage of rate charge increase, 62920-62926 02-25655 Defense Defense Department See Army Department Defense Defense Nuclear Facilities Safety Board NOTICES Recommendations: Safety-related software; quality assurance, 62960-62961 02-25488 Economic Economic Development Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 62951 02-25697 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Territories and Freely Associated States Educational Program, 62961-62963 02-25700 Employment Employment and Training Administration NOTICES Adjustment assistance: Aerus, LLC, et al., 62989-62990 02-25666 EDS Corp et al., 62990-62991 02-25665 Employment Employment Standards Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 62991-62992 02-25664 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 62963-62964 02-25680 EPA Environmental Protection Agency RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Massachusetts, 62894-62896 02-25685 Air quality implementation plans; approval and promulgation; various States:

Iowa, 62889-62891 02-25590 Utah, 62891-62894 02-25588 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Iowa, 62926 02-25591 NOTICES Meetings: Gulf of Mexico Program Citizens Advisory Committee, 62965 02-25683 Pesticide, food, and feed additive petitions: Mycogen Seeds, 62967-62974 02-25584 02-25585 Pesticide registration, cancellation, etc.: Insect Biotechnology, Inc., 62965-62967 02-25684 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Meetings;

Sunshine Act, 62974 02-25760 Farm Farm Service Agency RULES Associations: Community Facilities Program Correction, 63019 C2-24621 Farm marketing quotas, acreage allotments, and production adjustments: Peanut market quota program termination and flue-cured tobacco reserve stock level revision, 62871-62872 02-25271 FCC Federal Communications Commission NOTICES Meetings; Sunshine Act, 62974-62975 02-25759 Federal Emergency Federal Emergency Management Agency RULES Disaster assistance:

Federal assistance to individuals and households Correction, 62896-62897 02-25681 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Natural gas companies (Natural Gas Act) and Natural Gas Policy Act: Natural gas markets conference, 62918-62920 02-25120 NOTICES Electric rate and corporate regulation filings: Northeast Utilities Service Co. et al., 62964-62965 02-25646 Meetings; Sunshine Act, 62965 02-25735 Federal Housing Federal Housing Finance Board NOTICES Meetings;

Sunshine Act, 62975 02-25915 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 62975 02-25694 Complaints filed: Avalon Risk Management, Inc., 62975-62976 02-25695 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety regulations: Technical amendments Correction, 63019 C2-24728 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad accidents/incidents; reporting requirements: Conformance to OSHA's revised reporting requirements, 63021-63048 02-24393 NOTICES Agency information collection activities:

Proposed collection; comment request, 63010-63012 02-25645 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 62976 02-25643 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 62976 02-25927 FTC Federal Trade Commission NOTICES Meetings; Sunshine Act, 62976 02-25755 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Kneeland Prairie penny-cress, 62897-62910 02-25371 PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Ventura marsh milk-vetch, 62926-62945 02-25372 NOTICES Endangered and threatened species: Recovery plans— Kneeland Prairie penny-cress, 62979 02-25457 Endangered and threatened species permit applications, 62978 02-25653 Reports and guidance documents; availability, etc.: Pacific walrus, polar bear, and sea otter; marine mammal stock assessment reports, 62979-62983 02-25679 Food Food and Drug Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 62977-62978 02-25642 Forest Forest Service NOTICES Environmental statements; notice of intent: Klamath National Forest, CA; Comet Administrative Study cancellation, 62950 02-25651 GSA General Services Administration NOTICES Jurisdictional transfers: Mobile Point Light Station, Gulf Shores, AL; transfer to FWS, 62977 02-25650 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Meetings:

Maternal and Child Health Research Grants Review Committee, 62978 02-25659 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Top-of-the-stove stainless steel cooking ware from— Korea, 62951-62957 02-25686 Export trade certificates of review, 62957-62958 02-25682 International International Trade Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 62989 02-25708 Labor Labor Department See Employment and Training Administration See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; notice of intent: Eugene District, Lane and Douglas Counties, OR, 62984-62985 02-25662 Realty actions; sales, leases, etc.: Nevada, 62985 02-25661 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 62985-62987 02-25705 Committees; establishment, renewal, termination, etc.:

Minerals Management Advisory Board, 62987-62988 02-25704 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 62988 02-25690 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Registration of importers and importation of motor vehicles not certified as conforming to Federal standards; fees schedule Correction, 62897 02-25726 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 63012 02-25706 National Labor National Labor Relations Board NOTICES Organization, functions, and authority delegations: General Counsel, 62992-62993 02-25698 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 62910 02-25709 NOTICES Meetings: National Sea Grant Review Panel, 62958 02-25669 Nuclear Nuclear Regulatory Commission RULES Byproduct material; medical use:

Revision Correction, 62872 02-25658 Postal Postal Rate Commission NOTICES Domestic rates, fees, and mail classifications: Experimental mail classification cases— Co-palletized periodicals mail, 62993-62995 02-25668 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Child Health Day (Proc. 7603), 62865-62866 02-25898 Fire Prevention Week (Proc. 7602), 62863-62864 02-25897 German-American Day (Proc. 7604), 62867-62868 02-25899 EXECUTIVE ORDERS International Longshore and Warehouse Union; creation of board of inquiry to report on labor dispute (EO 13275), 62869 02-25900 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act:

Water management plans; evaluation criteria, 62988-62989 02-25652 Rural Rural Business-Cooperative Service RULES Associations: Community Facilities Program Correction, 63019 C2-24621 Rural Rural Housing Service RULES Associations: Community Facilities Program Correction, 63019 C2-24621 RUS Rural Utilities Service RULES Associations: Community Facilities Program Correction, 63019 C2-24621 NOTICES Environmental statements; availability, etc.: Southern Intertie Project, AK, 62950-62951 02-25703 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Exemption applications— Charles Schwab Family of Funds et al., 62995-62997 02-25676 Meetings; Sunshine Act, 62997 02-25739 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 62997-62999 02-25671 Chicago Stock Exchange, Inc., 62999-63001 02-25670 National Association of Securities Dealers, Inc., 63001-63004 02-25673 02-25675 New York Stock Exchange, Inc., 63004-63006 02-25672 Options Clearing Corp., 63006-63009 02-25674 SBA Small Business Administration NOTICES Disaster loan areas:

Georgia, 63009 02-25687 Mississippi, 63009 02-25689 Texas, 63009-63010 02-25688 State State Department RULES Consular services; fee schedule, 62884-62886 02-25692 Thrift Thrift Supervision Office NOTICES Agency information collection activities: Proposed collection; comment request, 02-25647 63016-63017 02-25648 Submission for OMB review; comment request, 63017-63018 02-25696 Transportation Transportation Department See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Customs Service See Thrift Supervision Office RULES Privacy Act; implementation, 62886-62887 02-25691 NOTICES Privacy Act:

Systems of records, 63012-63016 02-25693 Veterans Veterans Affairs Department RULES Disabilities rating schedule: Skin Correction, 62889 02-25492 Medical benefits: Hospital and outpatient care provision to veterans; national enrollment system, 62887-62889 02-25491 Separate Parts In This Issue Part II Department of Transportation, Federal Railroad Administration, 63021-63048 02-24393 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. 67 196 Wednesday, October 9, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Parts 723 and 729 RIN 0560-AG75 2002 Farm Bill Regulations—Termination of Peanut Market Quota Program and Revised Flue-Cured Tobacco Reserve Stock Level AGENCY:

Farm Service Agency, Agriculture. ACTION: Final Rule. SUMMARY: This rule takes two actions to reflect new law enacted in the Farm Security and Rural Investment Act of 2002 (2002 Act). First, rules for the now terminated (as to 2002 and subsequent crops) marketing quota program for peanuts are removed. Second, the “reserve stock level” for flue-cured tobacco (used to set quotas) is changed. These two actions simply implement new law and in that sense are ministerial only. EFFECTIVE DATE:

October 9, 2002. FOR FURTHER INFORMATION CONTACT: Daniel J. Stevens, USDA, Farm Service Agency, STOP 0514, 1400 Independence Avenue, SW., Washington, DC 20250-0514, telephone 202-720-5291. Electronic mail: *Daniel_Stevens@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866 and has not been reviewed by OMB. Federal Assistance Program The title and number of the Federal Assistance Program, as found in the Catalog of Federal Domestic Assistance, to which this rule applies are:

Commodity Loans and Loan Deficiency Payments—10.051. Executive Order 12988 This final rule has been reviewed in accordance with Executive Order 12988. The provisions of this final rule do not preempt State laws, are not retroactive, and do not involve administrative appeals. Paperwork Reduction Act Section 1601(c) of the 2002 Act provides that the promulgation of regulations and the administration of Title I of the 2002 Act shall be done without regard to chapter 5 of title 44 of the United States Code, the Paperwork Reduction Act.

Accordingly, these regulations and the forms and other information collection activities need to administer the program authorized by these regulations are not subject to review by the Office of Management and Budget under the Paperwork Reduction Act. Further, this rule does not contain new information collections or revise those collection currently approved by OMB. Regulatory Flexibility Act The Regulatory Flexibility Act is not applicable to this final rule because FSA is not required by 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for the subject of this rule.

Unfunded Federal Mandates This rule contains no Federal mandates for State, local, and tribal governments or the private sector as defined under the regulatory provisions of Title II of the Unfunded Mandate Reform Act (UMRA). Thus, this rule is not subject to the requirements of sections 202 and 205 of the UMRA. Background Sections 1309 and 1310 of the 2002 Act terminated, beginning with the 2002 crop, the long standing marketing quota and price support program for peanuts. New and differing peanut programs were enacted in the same legislation.

This rule removes, because of the new law, the marketing quota regulations in Chapter VII of Title 7 of the Code of Federal Regulations (CFR), specifically those at 7 CFR part 729. Removal of the price support regulations contained in Chapter XIV of Title 7 of the CFR will be covered by separate notice as will rules for the new program enacted in the 2002 Act. The revised text of 7 CFR part 729 will not affect the 2001 and preceding crops. Those crops remain subject to the previous rules.

Second, in the law that preceded the 2002 Act, the reserve stock level for flue cured tobacco was set to be the greater of 100,000 pounds (farm sales weight) or 15 percent of the national quota for that tobacco for the marketing year immediately preceding the marketing year for which the determination is being made. Section 1610 of the 2002 Act changed 100,000 pounds to 60,000 pounds and 15 percent to 10 percent. This rule implements that change too. Reserve stock levels serve a function in the calculation of national tobacco quotas.

List of Subjects 7 CFR Part 723 Agricultural commodities, Marketing quotas, Price support programs, Tobacco 7 CFR Part 729 Agricultural commodities, Marketing quotas, Price support programs Accordingly, chapter VII is amended as follows: PART 723—TOBACCO 1. The authority citation for 7 CFR part 723 is revised to read as follows: Authority: 7 U.S.C. 1301 *et seq.* ; 7 U.S.C. 1421; 7 U.S.C. 1445-1 and 1445-2. 2. Amend section 723.503 by revising paragraph (a)(3) to read as follows: § 723.503 Establishing the quotas.

(a)* * *

(3)Reserve stock level adjustment. The total calculated by adding the sums of paragraphs (a)(1) and (a)(2) of this section may be adjusted by the Director as necessary to maintain inventories of producer loan associations for burley and flue-cured tobacco at the reserve stock level. For burley, the reserve stock level is the larger of 50 million pounds farm sales weight or 15 percent of the previous year's national market quota. For flue-cured, the reserve stock level is the larger of 60 million pounds or 10 percent of the previous year's quota. The Director shall consider supply conditions when making any adjustment and a downward adjustment for burley tobacco may not exceed either 35 million pounds farm sales weight or 50 percent of the amount by which loan inventories exceed the reserve stock level, whichever is larger. If the uncommitted pool stocks of burley tobacco for 2001 and subsequent crops equal or are less than the reserve stock level, then the downward adjustment in quota for that year may be made based on the reserve stock level for that kind of tobacco, with no downward limitation. PART 729—[Revised] 3. 7 CFR Part 729 is revised to read as follows: PART 1729—PEANUT MARKETING QUOTAS Authority: 7 U.S.C. 7271; 15 U.S.C. 714b-c; 7 U.S.C. 7959. § 729.1 Applicablity to 1996 through 2001 crops of peanuts. Sections 1309 and 1310 of the Farm Security Rural Investment Act of 2002 terminated, beginning with the 2002 crop, the marketing quota and price support program for peanuts. However, 7 CFR part 729, revised as of January 1, 2002 continues to apply to the 1996 through 2001 crops of peanuts. Signed at Washington, DC on September 12, 2002. James R. Little, Administrator, Farm Service Agency. [FR Doc. 02-25271 Filed 10-8-02; 8:45 am]

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