Unknown. Interim final rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-10-21.xml --- 67 203 Monday, October 21, 2002 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service NOTICES Meetings: National Agricultural Research, Extension, Education, and Economics Advisory Board, 64600 02-26810 Air Force Air Force Department NOTICES Agency information collection activities: Proposed collection; comment request, 64635 02-26651 Alcohol Alcohol, Tobacco and Firearms Bureau RULES Organization, functions, and authority delegations:

Appropriate ATF officers, 64525-64526 02-26680 PROPOSED RULES Alcohol; viticultural area designations: Seneca Lake, NY, 64575-64578 02-26678 Temecula, Riverside County, CA; name change, 64573-64575 02-26677 NOTICES Organization, functions, and authority delegations: Subordinate ATF officials, 64698-64699 02-26679 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, foreign: Clementines from Spain, 64701-64739 02-26668 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments:

MathWorks, Inc., et al., 64657-64666 02-26631 Army Army Department See Engineers Corps Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities: Proposed collection; comment request, 64640-64641 02-26652 Submission for OMB review; comment request, 64641 02-26653 Medicare: Inpatient hospital deductible and hospital and extended care services coinsurance amounts (2003 CY), 64641-64643 02-26674 Monthly actuarial rates and supplementary medical insurance (Part B) premium rates (2003 CY), 64643-64649 02-26675 Part A hospital insurance premium for uninsured aged and disabled individuals who have exhausted other entitlements (2003 CY), 64649-64651 02-26676 Coast Guard Coast Guard RULES Drawbridge operations:

Alabama, 64527 02-26551 PROPOSED RULES Drawbridge operations: Louisiana, 64578-64582 02-26717 02-26718 NOTICES Environmental statements; availability, etc.: Coast Guard Training Center, Cape May, NJ, 64694-64695 02-26720 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation RULES Loan and purchase programs: Farm Security and Rural Investment Act; direct and counter-cyclical program, 64747-64764 02-26692 Commodity Commodity Futures Trading Commission RULES Security futures products:

Large trader reports; reporting levels, TRAKRS, 64522-64525 02-26714 Corporation Corporation for National and Community Service NOTICES Reports and guidance documents; availability, etc.: National origin discrimination as it affects limited English proficient persons; prohibition; policy guidance to Federal financial assistance recipients, 64604-64614 02-26632 Customs Customs Service NOTICES Meetings: Trade symposium, 64699-64700 02-26672 Defense Defense Department See Air Force Department See Engineers Corps NOTICES Agency information collection activities:

Submission for OMB review; comment request, 64614-64615 02-26634 Arms sales notification; transmittal letter, etc., 64615-64635 02-26636 02-26637 02-26639 02-26640 Meetings: Science Board, 64635 02-26635 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Irix Pharmaceuticals, Inc., 64666-64667 02-26681 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Early Reading First Program, 64637 02-26868 Energy Energy Department NOTICES Senior Executive Service:

Performance Review Board; membership, 64637-64639 02-26671 Engineers Engineers Corps NOTICES Lake Charles Harbor and Terminal District, LA; Calcasieu River Waterway, Louisiana Project; channel users’ fee, 64636-64637 02-26644 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Publicly owned treatment works, 64741-64746 02-26576 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Massachusetts and New Hampshire, 64582-64594 02-26709 Hazardous waste program authorizations:

Ohio, 64594-64598 02-26439 NOTICES Meetings: Environmental Appeals Board, 64639 02-26708 Finished water quality in distrbution systems; stakeholder, 64639-64640 02-26713 Water supply: Public water supply supervision program— Tennessee, 64640 02-26711 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Pilatus Aircraft Ltd., 64520-64522 02-26589 Sikorsky, 64519-64520 02-26590 PROPOSED RULES Airworthiness directives:

Bell, 64571-64573 02-26666 Cessna, 64568-64571 02-26662 FCC Federal Communications Commission RULES Radio stations; table of assignments: Colorado, 64553-64554 02-26227 North Carolina, 64553 02-26230 Various States, 64552-64553 02-26232 PROPOSED RULES Radio stations; table of assignments: Various States, 64598-64599 02-26226 Federal Election Federal Election Commission PROPOSED RULES Bipartisan Campaign Reform Act; implementation: Electioneering communications and independent expenditures, national political party committees, and principal campaign committees; reporting requirements, 64555-64568 02-26394 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Tarrant County, TX, 64695-64696 02-26655 Food Food and Drug Administration NOTICES Meetings: Reproductive Health Drugs Advisory Committee, 64651 02-26728 Forest Forest Service NOTICES Environmental statements; notice of intent: Northern spotted owl range in western Oregon, Washington, and northwestern California; survey and manage mitigation measure standards and guidelines removal, 64601-64602 02-26779 Okanogan, Wentachee, and Gifford Pinchot National Forests, WA, 64602 02-26663 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 64651-64652 02-26669 Interior Interior Department See Land Management Bureau RULES Freedom of Information Act; implementation: Electronic Freedom of Information Act Amendments of 1996; revisions, 64527-64552 02-25970 IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 64700 02-26729 International International Trade Administration NOTICES Countervailing duties: Stainless steel sheet and strip in coils from— France, 64602-64603 02-26716 *Applications, hearings, determinations, etc.:* Faulkes Telescope Corp., 64602 02-26715 Justice Justice Department See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Pension and Welfare Benefits Administration Land Land Management Bureau NOTICES Environmental statements; notice of intent:

Northern spotted owl range in western Oregon, Washington, and northwestern California; survey and manage mitigation measure standards and guidelines removal, 64601-64602 02-26779 Survey plat filings: Idaho, 64656 02-26659 Nevada, 64656-64657 02-26654 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings; Sunshine Act, 64667 02-26788 NIH National Institutes of Health NOTICES Agency information collection activities: Proposed collection; comment request, 64652 02-26698 Submission for OMB review; comment request, 64652-64653 02-26699 Meetings:

National Center for Complementary and Alternative Medicine, 64653-64654 02-26701 02-26702 National Institute of Allergy and Infectious Diseases, 64654 02-26700 02-26703 National Institute of Mental Health, 64654-64655 02-26704 02-26705 National Library of Medicine, 64655 02-26706 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 64603 02-26696 Permits: Scientific research, 64603-64604 02-26695 Nuclear Nuclear Regulatory Commission NOTICES Emergency preparedness exercises:

United States Enrichment Corp.— Paducah Gaseous Diffusion Plant, KY, 64668-64669 02-26553 *Applications, hearings, determinations, etc.:* FirstEnergy Nuclear Operating Co., 64667-64668 02-26707 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pension Pension and Welfare Benefits Administration RULES Employee Retirement Income Security Act: Blackout period notification; civil penalties for failure to provide notice and conforming technical changes, 64773-64786 02-26523 Blackout period notification; temporary suspension of right to direct or diversify investments, obtain loans, or obtain distribution, 64765-64774 02-26522 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

Boston Stock Exchange, Inc., 64669-64671 02-26684 Chicago Board Options Exchange, Inc., 64671-64672 02-26689 Chicago Merchantile Exchange, Inc., 64672-64679 02-26721 Chicago Stock Exchange, Inc., 64679-64681 02-26690 National Association of Securities Dealers, Inc., 64681-64687 02-26685 02-26686 02-26687 New York Stock Exchange, Inc., 64687-64688 02-26683 OneChicago, LLC, 64688-64689 02-26688 Options Clearing Corp., 64689-64692 02-26682 SBA Small Business Administration RULES Disaster loan program:

Disaster Mitigation Act of 2000, 64517-64519 02-26403 State State Department NOTICES Meetings: International Telecommunications Advisory Committee, 64692 02-26852 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: SAMHSA Special Emphasis Panels, 64655-64656 02-26670 Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee: U.S.-Chile Free Trade Agreement; employment impact comment request, 64692-64693 02-26731 U.S.-Singapore Free Trade Agreement; employment impact comment request, 64693-64694 02-26732 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Customs Service See Internal Revenue Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-26648 02-26649 64696-64697 02-26650 Organization, functions, and authority delegations: Financial Crimes Enforcement Network, 64697-64698 02-26656 Separate Parts In This Issue Part II Agriculture Department, Animal and Plant Health Inspection Service, 64701-64739 02-26668 Part III Environmental Protection Agency, 64741-64746 02-26576 Part IV Agriculture Department, Commodity Credit Corporation, 64747-64764 02-26692 Part V Labor Department, Pension and Welfare Benefits Administration, 64765-64786 02-26522 02-26523 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. 67 203 Monday, October 21, 2002 Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Part 123 RIN 3245-AE97 Disaster Loan Program—Disaster Mitigation Act of 2000 AGENCY: Small Business Administration (SBA). ACTION: Interim final rule with request for comments.

SUMMARY: Under the Disaster Mitigation Act of 2000, enacted on October 30, 2000, (“Act”) the Individual and Family Grant Assistance Program is replaced by the Assistance to Individuals and Household Program (“IHP”). Under this interim final rule, SBA will implement its disaster loan program when the President declares a major disaster, or declares an emergency, and activates the IHP in an emergency disaster declaration. Under the Act, if the President declares a major disaster that includes, or is limited to, public assistance, a private nonprofit facility which provides non-critical services must first apply for disaster loan assistance from SBA before it could seek grant assistance for permanent repairs and/or replacements from the Federal Emergency Management Agency (“FEMA”).

SBA is also implementing this legislative change, and is making certain technical changes. DATES: *Effective Date:* This rule is effective on October 15, 2002. *Applicability Date:* This rule is applicable for major disasters declared on or after October 15, 2002. *Comment Date:* Comments must be received on or before December 20, 2002. ADDRESSES: Address all comments concerning the interim rule to Herbert L. Mitchell, Associate Administrator, Office of Disaster Assistance, U.S.

Small Business Administration, 409 3rd Street, SW., Washington, DC 20416 FOR FURTHER INFORMATION CONTACT: Becky Brantley, Loan Specialist, Office of Disaster Assistance, 202-205-6734. SUPPLEMENTARY INFORMATION: Section 206 of the Disaster Mitigation Act of 2000 (Public Law 106-390) (“Act”) replaces the Individual and Family Grant Assistance Program (“IFG”) with the Assistance to Individuals and Household Program (“IHP”). Under this interim final rule, SBA will implement its disaster loan program when the President declares a major disaster, or declares an emergency, and activates the IHP.

SBA is revising § 123.3(a)(1) of its regulations to reflect the statutory changes. Section 205 of the Act amends section 5172 of Title 42, United States Code. Under the Act, if the President declares a major disaster that includes, or is limited to public assistance, a private nonprofit facility (“PNP”) which provides non-critical services (of a governmental nature) must first apply to SBA for a disaster loan for permanent repairs and/or replacement work, before it can seek grant assistance from the Federal Emergency Management Agency (“FEMA”) with respect to such non-critical services.

If SBA determines that the PNP non-critical facility is ineligible for a disaster loan or the PNP has obtained the maximum amount for which the SBA determines the facility is eligible, the PNP may then apply to FEMA for grant assistance for permanent repairs for its unmet disaster-related needs. Such PNPs may apply directly to FEMA for emergency repairs. Owners of facilities that provide critical services (of a governmental nature) may apply directly to FEMA for grant assistance for both emergency and permanent repairs.

Section 205 of the Act defines “critical services” to include power, water, sewer, wastewater treatment, communications, and emergency medical care. It is the responsibility of FEMA to provide guidelines with respect to these services. PNPs which operate both critical and non-critical facilities (that provide essential services of a governmental nature) will have to make separate applications to FEMA and SBA. Currently, SBA rules allow only for the activation of its disaster loan program in the event of a major disaster declaration by the President that includes individual assistance (the Individuals and Family Grant Program).

In such case, all PNP facilities are eligible to apply for SBA disaster loan assistance. Under this interim final rule, SBA is amending § 123.3 of its regulations to provide that SBA would activate its disaster loan program for PNPs that provide essential services of a governmental nature when the President declares a major disaster that does not include individual assistance but is limited to, or includes, public assistance. SBA would use FEMA's guidelines to ascertain if a PNP was seeking assistance for its delivery of such services.

In this interim final rule, SBA is amending § 123.4 of its regulations to preclude businesses in contiguous counties from being eligible for SBA economic injury disaster loans in circumstances described above. Thus, if the President makes a major disaster declaration that does not include individual assistance but includes, or is limited to, public assistance, and PNPs are eligible for disaster loan assistance from SBA, the interim final rule would not allow small businesses in counties contiguous to the declared disaster area to be eligible for SBA economic injury loans.

This is because the authorized public assistance is limited to the counties identified in the declaration. SBA is amending § 123.101(c) of its regulations by inserting the new “Individuals and Household Program” in lieu of the old “Individual and Family Grant Program.” SBA is making technical corrections in § 123.501 of its regulations, relating to the eligibility of a business for a military reservist economic injury disaster loan (EIDL). The purpose of the regulatory change is to clarify that the business must be small at the time the essential employee is called to active duty.

A business that was not small at that time would fall outside the parameters of SBA regulations, and this regulatory change would make that clear. SBA is adding the same criteria to military reservist EIDL as now applies to regular EIDL: the business, its affiliates and 20% or more owners have used all reasonably available funds and that it is unable to obtain credit elsewhere. These are the same requirements prescribed in § 123.300(b) with respect to regular EIDL assistance.

Justification for Publication as an Interim Final Rule In general, SBA publishes a rule for public comment before issuing a final rule, in accordance with the Administrative Procedure Act

(APA)and SBA regulations, 5 U.S.C. 553 and 13 CFR 101.108. The APA provides for an exception to this standard rule-making process, however, where an Agency finds good cause to adopt a rule without prior public participation. 5 U.S.C. 555(b)(3)(B). The good cause requirement is satisfied when prior public participation is impractical, unnecessary, or contrary to the public interest. Under such circumstances, an Agency may publish an interim final rule without soliciting public comment. In enacting the good cause exception to standard rulemaking procedures, Congress recognized that emergency situations might arise where an Agency must issue a rule without written public participation. On January 23, 2002, FEMA published proposed rules to implement the Act for Federal disaster assistance to individuals and households (67 FR 3411). FEMA anticipates issuing an interim final rule about the same time that SBA publishes its interim final rule. Under FEMA's regulation, three important changes will occur:

(1)The “Individual and Family Grant Program” (“IFG”) will not be in existence for disasters declared on or after October 15, 2002.

(2)FEMA has renamed their program as “Assistance to Individuals and Households Program” (“IHP”).

(3)FEMA's rule would include the flexibility for the President to activate IHP when the President issues an emergency declaration. These changes have a direct effect on SBA since § 123.3(a)(1) of SBA's regulations presently states that SBA disaster operations are activated when “the President declares a Major Disaster and authorizes Federal assistance, including individual assistance (temporary housing and Individual and Family Grant Assistance).” Therefore, under current rules, SBA's disaster assistance can only be activated when IFG is being offered. Since, under FEMA's rule, IFG will no longer exist, SBA's IFG reference is no longer applicable. If a Presidential major disaster declaration activates FEMA's IHP, SBA's programs must be amended to reflect the existence of IHP in its regulations. SBA's concern is that disasters can be declared at any time, and its regulations must be amended to incorporate the Act's changes so that SBA's disaster programs can be appropriately activated when a major disaster occurs. Any delay in the adoption of these changes to SBA's regulations could cause serious harm to victims of disasters declared by the President since IFG assistance no longer exists. Accordingly, SBA finds that good cause exists to publish this rule as an interim final rule in light of the urgent need to make disaster loans available to individuals and homeowners when the President declares a major, or emergency, disaster declaration that authorizes Federal assistance to Individuals and Households. SBA needs to coordinate its disaster rules with the revised FEMA program which should be effective at the same time that this rule is effective. Justification for Immediate Effective Date of Interim Final Rule The APA requires that “publication or service of a substantive rule shall be made not less than 30 days before its effective date, except * * * as otherwise provided by the agency for good cause found and published with the rule.” 5 U.S.C. 553(d)(3). SBA finds that good cause exists to make this interim final rule effective for major disasters declared on or after October 15, 2002. The purpose of the APA provision is to provide interested and affected members of the public sufficient time to adjust their behavior before the rule takes effect. For the reasons set forth above in Justification for Publication as an Interim Final Rule, SBA finds that good cause exists for making this interim final rule effective immediately, instead of observing the 30-day period between publication and effective date. SBA has an obligation, under section 4(d) of the Small Business Act, to act in the public interest in offering disaster loan assistance to victims of declared disasters. Pursuant to that statutory authority, SBA has determined that it is in the public interest to give immediate effect to the changes in the activation of SBA's disaster loan program and that it would be impractical to delay such implementation. SBA also notes that the failure to adopt this rule immediately would work to the detriment of many disaster victims. Although this rule is being published as an interim final rule, comments are hereby solicited from the public. These comments must be received by December 20, 2002. SBA will consider these comments in making any necessary revisions to these regulations. Compliance With Executive Orders 12866, 12988, 13132, the Regulatory Flexibility Act (15 U.S.C. 601-612), and the Paperwork Reduction Act (44 U.S.C. Ch. 35) OMB has determined that this rule does not constitute a significant rule within the meaning of Executive Order 12866. The rule conforms SBA rules to the requirements of the Act and FEMA's implementing regulations. The rule is not likely to have an annual effect on the economy of $100 million or more, result in a major increase in costs or prices, or have a significant adverse effect on competition or the U.S. economy. SBA has determined that this rule does not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C., Chapter 35. For the purposes of Executive Order 13132, SBA has determined that this rule has no federalism implications warranting preparation of a federalism assessment. SBA has determined that this rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612. For purposes of Executive Order 12988, SBA has determined that this rule is drafted, to the extent practicable, in accordance with the standards set forth in paragraph 3 of that Order. List of Subjects in 13 CFR Part 123 Disaster assistance, Loan programs—business, Small businesses. For the reasons stated in the preamble, SBA amends 13 CFR part 123 as follows: PART 123—DISASTER LOAN PROGRAM 1. The authority citation for part 123 continues to read as follows: Authority: 15 U.S.C. 634(b)(6), 636(b), 636(c); Pub. L. 102-395, 106 Stat. 1828, 1864; Pub. L. 103-75, 107 Stat. 739; Pub. L. 106-50, 113 Stat. 245. 2. Amend § 123.3 by revising paragraph (a)(1), redesignating paragraphs (a)(2), (a)(3), and (a)(4) as paragraphs (a)(3), (a)(4), and (a)(5), respectively, and adding a new paragraph (a)(2) to read as follows: § 123.3 How are disaster declarations made?

(a)* * *

(1)The President declares a Major Disaster, or declares an emergency, and authorizes Federal Assistance, including individual assistance (Assistance to Individuals and Households Program).

(2)If the President declares a Major Disaster limited to public assistance only, a private nonprofit facility which provides non-critical services under guidelines of the Federal Emergency Management Agency

(FEMA)must first apply to SBA for disaster loan assistance for such non-critical services before it could seek grant assistance from FEMA. 3. Amend § 123.4 by revising the fourth sentence to read as follows: § 123.4 What is a disaster area and why is it important? * * * In major disasters, economic injury disaster loans may be made for victims in contiguous counties or other political subdivisions, provided, however, that with respect to major disasters which authorize public assistance only, SBA shall not make economic injury disaster loans in counties contiguous to the disaster area. * * * 4. Amend § 123.101 by revising paragraph

(c)to read as follows: § 123.101 When am I not eligible for a home disaster loan?

(c)Your damaged property can be repaired or replaced with the proceeds of insurance, gifts or other compensation, including condemnation awards (with one exception), these amounts must either be deducted from the amount of the claimed losses or, if received after SBA has approved and disbursed a loan, must be paid to SBA as principal payments on your loan. You must notify SBA of any such recoveries collected after receiving an SBA disaster loan. The one exception applies to amounts received under the Individuals and Household Program of the Federal Emergency Management Agency solely to meet an emergency need pending processing of an SBA loan. In such an event, you must repay the financial assistance with SBA loan proceeds if it was used for purposes also eligible for an SBA loan; 5. Amend § 123.501 by revising paragraph (a), removing “and” at the end of paragraph (c), removing the period at the end of paragraph

(d)and adding “, and” in its place, and adding a new paragraph

(e)to read as follows: § 123.501 When is your business eligible to apply for a Military Reservist Economic Injury Disaster Loan?

(a)It is a small business as defined in 13 CFR part 121 when the essential employee was called to active duty,

(e)You and your affiliates and principal owners (20% or more ownership interest) have used all reasonably available funds, and you are unable to obtain credit elsewhere (see § 123.104). Hector V. Barreto, Administrator. [FR Doc. 02-26403 Filed 10-18-02; 8:45 am]

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