Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-10-28.xml --- 67 208 Monday, October 28, 2002 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agricultural Agricultural Marketing Service PROPOSED RULES Prunes (dried) produced in— California, 65732-65737 02-27305 NOTICES Meetings: Microbiological Data Program, 65777-65778 02-27306 Agriculture Agriculture Department See Agricultural Marketing Service See Commodity Credit Corporation See Federal Crop Insurance Corporation See Forest Service See Natural Resources Conservation Service RULES Organization, functions, and authority delegations:

Designated Agency Ethics Official, 65689-65690 02-27184 Air Force Air Force Department RULES Commercial Air Transportation Quality and Safety Review Program; revision, 65698-65706 02-27087 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Medicare & Medicaid Services NOTICES Privacy Act: Systems of records, 65795-65801 02-27337 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 65707 02-27372 Massachusetts, 65706 02-27373 PROPOSED RULES Ports and waterways safety:

San Pedro Bay, CA; security zones, 65746-65749 02-27375 NOTICES Agency information collection activities: Submission for OMB review; comment request, 65825-65826 02-27371 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Commodity Credit Corporation RULES Loan and purchase programs: Sugar and farm facility storage loan programs Correction, 65690 02-27228 PROPOSED RULES Payment limitation and eligibility:

Program participation; income limits, 65738-65742 02-27227 Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity pool operators and commodity trading advisors: Commodity pool operators; otherwise regulated persons excluded from term definition, 65743-65746 02-27309 Defense Defense Department See Air Force Department RULES Acquisition regulations: Multiple award contracts; purchase of services; competition requirements, 65721-65722 02-27348 Energy Energy Department See Energy Efficiency and Renewable Energy Office RULES Personnel Security Assistance Program; security police officer positions; eligibility requirements, 65690-65692 02-27205 NOTICES Committees; establishment, renewal, termination, etc.:

American Statistical Association Committee on Energy Statistics, 65787-65788 02-27329 Meetings: Environmental Management Advisory Board, 65788 02-27328 Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 65788 02-27330 Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program: Energy conservation standards and test procedures— Residential and small-duct high-velocity central air conditioners and heat pumps; workshop, 65742-65743 02-27332 NOTICES Meetings:

State Energy Advisory Board, 65789 02-27331 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Idaho, 65713-65718 02-27237 Air quality implementation plans; approval and promulgation; various States: New Hampshire, 65710-65713 02-25857 Reporting and recordkeeping requirements, 65708-65709 02-27140 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Idaho, 65750 02-27238 Air quality implementation plans; approval and promulgation; various States: New Hampshire, 65749-65750 02-25858 NOTICES Air pollution control: State operating permits programs— Louisiana, 65789 02-27339 Air programs: State implementation plans; adequacy status for transportation conformity purposes— Colorado, 65789-65790 02-27345 Committees; establishment, renewal, termination, etc.: Good Neighbor Environmental Board, 65790-65791 02-27347 Meetings: Particulate matter epidemiology;

GAM-related statistical issues; workshop, 65791 02-27491 Reports and guidance documents; availability, etc.: Chesapeake Bay Comprehensive Oyster Management Plan, 65791 02-27346 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airmen: Picture identification requirements, 65857-65861 02-27411 Airworthiness standards: Special conditions— Avions Marcel Dassault-Breguet Aviation Model Falcon 10 airplanes, 65692-65697 02-27377 02-27379 NOTICES Air traffic operating and flight rules, etc.:

High density airports; takeoff and landing slots, slot exemption lottery, and slot allocation procedures— La Guardia Airport, NY and NJ, 65826-65828 02-27381 Exemption petitions; summary and disposition, 65828 02-27380 Meetings: Aviation Rulemaking Advisory Committee, 65828 02-27428 RTCA, Inc., 65829 02-27383 Passenger facility charges; applications, etc.: Tri-Cities Airport, WA, 65829 02-27382 FCC Federal Communications Commission RULES Radio stations; table of assignments: California, 65721 02-27326 PROPOSED RULES Radio stations; table of assignments:

Florida, 65750 02-26224 Oklahoma, 65750-65751 02-26223 Television broadcasting: Telecommunications Act of 1996; implementation— Broadcast ownership rules and other rules; biennial regulatory review, 65751-65776 02-27311 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Crop insurance regulations: General administrative regulations, group risk plan of insurance regulations for 2003 and succeeding crop years, and common crop insurance regulations, 65732 02-27367 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities:

Proposed collection; comment request, 65791-65792 02-27269 Meetings: Banking Policy Advisory Committee, 65792 02-27324 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 65718-65721 02-27320 NOTICES Disaster and emergency areas: Indiana, 65792-65793 02-27319 Louisiana, 65793 02-27316 02-27317 Texas, 65793 02-27318 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 65793-65794 02-27307 Formations, acquisitions, and mergers, 65794 02-27308 Meetings;

Sunshine Act, 65794-65795 02-27524 Federal Transit Federal Transit Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 65829-65830 02-27384 Grants and cooperative agreements; availability, etc.: Over-the-Road Bus Accessibility Program, 65830-65832 02-27374 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Carprofen, 65697 02-27266 NOTICES Meetings: Combination products; hearing, 65801-65804 02-27267 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Mineral County, 65778 02-27313 Reports and guidance documents; availability, etc.: Agency Strategic Plan (2003 Update), 65778 02-27333 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Housing Housing and Urban Development Department RULES Public and Indian housing: Housing Choice Voucher Program— Homeownership option; eligibility of public housing agency-owned or controlled units, 65863-65865 02-27310 Interior Interior Department See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes:

Unit-livestock-price method, 65697-65698 02-27158 PROPOSED RULES Income taxes: Marketable stock; mark to market treatment election Hearing cancellation, 65841-65842 02-27295 NOTICES Agency information collection activities: Proposed collection; comment request, 65840 02-27296 International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 65779-65782 02-27393 Fresh garlic from— China, 65782-65783 02-27395 02-27396 Tin mill products from— Japan, 65783-65786 02-27394 Joint Joint Board for Enrollment of Actuaries NOTICES Committees; establishment, renewal, termination, etc.:

Actuarial Examinations Advisory Committee, 65777 02-27044 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Sierra Front-Northwestern Great Basin, 65809-65810 02-27314 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Combined Arts Advisory Panel, 65810-65811 02-27321 02-27322 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities: Proposed collection; comment request, 65832 02-27369 Meetings:

Safety performance standards; vehicle regulatory program, 65833 02-27370 Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 65833-65837 02-27387 02-27388 02-27389 02-27390 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 65804-65805 02-27404 02-27405 National Institute of Child Health and Human Development, 65806, 65807 02-27403 02-27406 National Institute of Diabetes and Digestive and Kidney Diseases, 65805 02-27399 National Institute of Mental Health, 65805-65806 02-27400 02-27401 02-27402 Scientific Review Center, 65807-65809 02-27397 02-27398 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— West Coast salmon, 65728-65731 02-27359 02-27361 02-27362 Marine mammals: Incidental taking— Atlantic Large Whale Take Reduction Plan, 65722-65727 02-27363 NOTICES Committees; establishment, renewal, termination, etc.: Hawaiian Islands Humpback Whale National Marine Sanctuary Advisory Council, 65786 02-27368 National Park National Park Service NOTICES Meetings: Death Valley National Park Advisory Commission, 65810 02-27247 NRCS Natural Resources Conservation Service NOTICES Meetings:

Farm Bill 2002 National Technical Service Provider Summit, 65778-65779 02-27298 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 65811-65812 02-27335 02-27336 Patent Patent and Trademark Office NOTICES Meetings: Patent laws harmonization; small business views; round table meetings, 65786-65787 02-27323 Presidential Presidential Documents PROCLAMATIONS *Special observances:* United Nations Day (Proclamation 7614), 65867-65870 02-27547 Public Public Health Service See Food and Drug Administration See National Institutes of Health Research Research and Special Programs Administration NOTICES Hazardous materials:

Applications; exemptions, renewals, etc., 65837-65838 02-27391 02-27392 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 65812 02-27483 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 65812-65813 02-27350 Chicago Stock Exchange, Inc., 65813-65815 02-27299 Cincinnati Stock Exchange, Inc., 65816-65818 02-27300 International Securities Exchange LLC, 65818-65819 02-27301 National Association of Securities Dealers, Inc., 65819-65823 02-27351 02-27352 SBA Small Business Administration NOTICES Disaster loan areas:

California, 65823 02-27355 02-27356 Louisiana, 65823 02-27358 South Carolina, 65823-65824 02-27357 State State Department NOTICES Foreign terrorists and terrorist organizations; designation: Tunisian Combat Group, 65824 02-27354 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration NOTICES Aviation proceedings:

Agreements filed, weekly receipts, 65824 02-27386 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 65824-65825 02-27385 Treasury Treasury Department See Internal Revenue Service RULES Federal claims collection, 65843-65855 02-27006 PROPOSED RULES Federal claims collection; cross-reference, 65855-65856 02-27007 NOTICES Agency information collection activities: Submission for OMB review; comment request, 65838-65840 02-27303 02-27304 Veterans Veterans Affairs Department RULES Adjudication; pensions, compensation, dependency, etc.:

Accrued benefits; evidence, 65707-65708 02-27407 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 65841-65842 02-27295 Part III Treasury Department, 65843-65856 02-27006 02-27007 Part IV Transportation Department, Federal Aviation Administration, 65857-65861 02-27411 Part V Housing and Urban Development Department, 65863-65865 02-27310 Part VI Presidential Documents, 65867-65870 02-27547 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. 67 208 Monday, October 28, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 RIN 3209-AA15 Revision of Delegations of Authority AGENCY: Department of Agriculture. ACTION: Final rule. SUMMARY:

This document revises certain delegations of authority related to ethics from the Secretary of Agriculture and changes the USDA Designated Agency Ethics Official from the Director, Office of Ethics, to the Deputy Assistant Secretary for Administration, and further designates the Director, Office of Ethics, as the USDA Alternate Agency Ethics Official. EFFECTIVE DATE: Effective October 28, 2002. FOR FURTHER INFORMATION CONTACT: Raymond J. Sheehan, Director, Office of Ethics, U.S.

Department of Agriculture, Room 348-W—Stop 0122, 1400 Independence Avenue, SW., Washington, DC 20250-0122, telephone

(202)720-2251. SUPPLEMENTARY INFORMATION: I. Background This amendment revises the current language of sections 2.24, 2.87, and 2.95 of part 2 of title 7 of the Code of Federal Regulations, to change the delegation of authority to serve as Designated Agency Ethics Official

(DAEO)for the Department of Agriculture (USDA), from the position of Director, Office of Ethics, to the position of Deputy Assistant Secretary for Administration, and to designate the Director, Office of Ethics, as Alternate Agency Ethics Official. Paragraph (a)(13) of section 2.24 addresses delegations from the Secretary to the Assistant Secretary for Administration relating to ethics. The regulation currently limits the authority of the Assistant Secretary for Administration over the ethics program to that of general supervision with no authority over the functions exercised by the Director, Office of Ethics, pursuant to that officer's delegation of DAEO authority. As amended, all references to the “Director, Office of Ethics” would be deleted and replaced by the “Deputy Assistant Secretary for Administration.” Section 2.87 relates to delegations of authority from the Assistant Secretary for Administration to the Deputy Assistant Secretary for Administration. There currently exists no reference in this section to any ethics responsibilities. Section 2.95 concerns delegations by the Assistant Secretary for Administration to the Director, Office of Ethics. That section reflects the current designation of the Director, Office of Ethics as DAEO. This amendment would delegate the DAEO function to the Deputy Assistant Secretary for Administration by adding that delegation to section 2.87 and removing the current DAEO delegation from section 2.95. This amendment also would designate the Director, Office of Ethics, as the Alternate Ethics Official. II. Matters of Regulatory Procedure Administrative Procedure Act This rule relates to internal agency management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rule making and opportunity for comment are not required, and this rule may be made effective less than 30 days after publication in the **Federal Register** . Congressional Review The Department has determined this rulemaking is not a rule as defined in 5 U.S.C. 804, and, thus, does not require review by Congress. This rulemaking applies only to delegations of authority and responsibility to the employees and officers of the Department of Agriculture. Executive Orders Nos. 12866 and 12988 Since this rule relates to Department personnel, it is exempt from the provisions of Executive Orders Nos. 12866 and 12988. Regulatory Flexibility Act In addition, this action is not a rule as defined by Public Law No. 96-354, the Regulatory Flexibility Act, and, thus, is exempt from the provisions of that Act. Paperwork Reduction Act The Department has determined that the Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this regulation does not contain any information collection requirements that require the approval of the Office of Management and Budget. Environmental Impact This decision will not have a significant impact upon the quality of the human environment or the conversation of energy resources. List of Subjects in 7 CFR Part 2 Authority delegations (Government agencies). Dated: October 17, 2002. Ann M. Veneman, Secretary of Agriculture. Accordingly, amend part 2, title 7, Code of Federal Regulations as follows: PART 2—DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT 1. The authority citation for part 2 continues to read as follows: Authority: 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953, 3 CFR, 1949-1953 Comp., p. 1024. Subpart C—Delegations of Authority to the Deputy Secretary, the Under Secretaries and Assistant Secretaries 2. Paragraph (a)(13) of section 2.24 is revised to read as follows: § 2.24 Assistant Secretary for Administration. a. * * *

(13)*Related to ethics.* The Ethics function in the U.S. Department of Agriculture is under the authority of the Assistant Secretary for Administration for purposes of general supervision only. The Assistant Secretary does not have any authority over the functions exercised by the Deputy Assistant Secretary for Administration, pursuant to the Deputy Assistant Secretary's responsibilities as Designated Agency Ethics Official under the Office of Government Ethics regulations at 5 CFR part 2638. Subpart P—Delegations of Authority by the Assistant Secretary for Administration 3. Section 2.87 is revised to read as follows: § 2.87 Deputy Assistant Secretary for Administration.

(a)*Delegations.* Pursuant to the Office of Government Ethics regulations at 5 CFR part 2638. The Deputy Assistant Secretary for Administration shall be the USDA Designated Agency Ethics Official and shall exercise all authority pursuant to the Office of Government Ethics regulations at 5 CFR part 2638.

(b)Pursuant to § 2.24(a), subject, to reservations in § 2.24(b), the following delegation of authority is made by the Assistant Secretary for Administration to the Deputy Assistant Secretary for Administration, to be exercised only during the absence or unavailability of the Assistant Secretary: Perform all the duties and exercise all the powers which are now or which may hereafter be delegated to the Assistant Secretary for Administration. 4. Section 2.95 is revised to read as follows: § 2.95 Director, Office of Ethics. The Director, Office of Ethics, shall be the USDA Alternate Agency Ethics Official, pursuant to 5 CFR 2638.202, and shall exercise the authority reserved to the Designate Agency Ethics Official under 5 CFR part 2638 only in the absence or unavailability of the Designated Agency Ethics Official. [FR Doc. 02-27184 Filed 10-25-02; 8:45 am]

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