Unknown. Final rule

3,513 words·~16 min read·/register/2002/10/31/02-27667·

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-10-31.xml --- 67 211 Thursday, October 31, 2002 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Farm Service Agency See Food and Nutrition Service See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Agency information collection activities:

Proposed collection; comment request, 66380-66381 02-27685 Environmental statements; availability, etc.: Giant salvinia (aquatic weed); nonindigenous salvinia weevil release for biological control, 66381-66382 02-27684 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Computer Associates International, Inc., et al., 66419-66422 02-27222 Army Army Department See Engineers Corps Coast Guard Coast Guard RULES Ports and waterways safety:

Mission Bay, San Diego, CA; safety zone, 66333-66335 02-27666 Puget Sound, WA; tank ships; security zones, 66335-66338 02-27723 PROPOSED RULES Regattas and marine parades: Winterfest Boat Parade, 66349-66351 02-27665 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration Commodity Commodity Credit Corporation NOTICES Agricultural commodities available for donation overseas: Nonfat dry milk, 66382 02-27811 Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 66384 02-27871 Customs Customs Service RULES Merchandise, special classes: Import restrictions— Guatemala; archaeological materials; correction, 66333 02-27660 Vessels in foreign and domestic trades: Manifest information; advance and accurate presentation prior to lading at foreign port, 66318-66333 02-27661 Defense Defense Department See Engineers Corps See Navy Department NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 66384-66385 02-27710 Education Education Department RULES Postsecondary education:

Student Assistance General Provisions— Sex offenders; disclosure requirement in institutions’ annual security reports, 66519-66521 02-27599 NOTICES Grants and cooperative agreements; availability, etc.: Postsecondary education— Strengthening Institutions Program et al., 66390-66392 02-27697 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Lake Sidney Lanier, GA; operation and maintenance, 66385 02-27717 Middlesex County, NJ; South River, Raritan River Basin, Hurricane and Storm Damage Reduction and Ecosystem Restoration Study, 66385-66386 02-27718 Environmental statements; notice of intent:

Aurora, Beaufort County, NC; PCS Phosphate Mine continuation, 66386-66387 02-27720 Jefferson Parish, LA; West Bank Hurricane Protection Levee; wetlands evaluation, 66387-66388 02-27721 Millstone River Basin, NJ; Flood Control and Ecosystem Restoration Feasibility Study, 66388 02-27719 New Iberia and Intracoastal City, LA; navigation channel deepening and widening, 66388-66389 02-27722 EPA Environmental Protection Agency RULES Acquisition regulations: Contractor performance evaluations, 66342-66344 02-27617 Hazardous waste program authorizations:

Massachusetts, 66338-66340 02-27341 PROPOSED RULES Hazardous waste program authorizations: Massachusetts, 66351-66352 02-27342 NOTICES Agency information collection activities: Proposed collection; comment request, 66392-66395 02-27704 Grants and cooperative agreements; availability, etc.: Water quality projects, 66395-66397 02-27705 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 66397 02-27905 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency RULES Farm marketing quotas, acreage allotments, and production adjustments:

Equitable relief from ineligibility, 66304-66308 02-27683 Program regulations: Farm labor housing loan and grant program; technical assistance, 66308-66311 02-27681 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 66316-66318 02-27315 NOTICES Advisory circulars; availability, etc.: Used engines installation in new production aircraft, 66449 02-27730 Environmental statements; notice of intent: St. George, UT; replacement airport, 66449 02-27728 Exemption petitions; summary and disposition, 66449-66450 02-27733 Meetings:

Commercial Space Transportation Advisory Committee, 66450 02-27716 RTCA, Inc., 66450 02-27732 Passenger facility charges; applications, etc.: Joplin Regional Airport, MO, 66450-66451 02-27729 Key West International Airport, FL, 66451-66452 02-27731 Raleigh-Durham International Airport, NC, 66452 02-27727 FBI Federal Bureau of Investigation NOTICES Meetings: Criminal Justice Information Services Advisory Policy Board, 66422-66423 02-27706 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Arizona, 66340-66341 02-27693 Florida and Georgia, 66341-66342 02-27695 Various States, 66341 02-27691 PROPOSED RULES Radio stations; table of assignments: Louisiana, 66377 02-27694 Virginia, 66376 02-27692 NOTICES Common carrier services: Telecommunications relay services— State certification and renewal applications, 66397-66401 02-27688 02-27689 02-27690 Wireless telecommunications services— Technical and operational wireless Enhanced 911 issues; report and comment request, 66401-66403 02-27647 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 66403 02-27896 FMC Federal Maritime Commission PROPOSED RULES Passenger vessel financial responsibility: Performance and casualty rules, Alternative Dispute Resolution program, etc.; miscellaneous amendments, 66352-66376 02-27642 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 66403 02-27653 Fish Fish and Wildlife Service RULES Endangered and threatened species: Sacramento splittail, 66344-66346 02-27648 PROPOSED RULES Endangered and threatened species:

California tiger salamander (Sonoma County distinct population segment), 66377-66378 02-27650 Critical habitat designations— Keck's checkermallow, 66378-66379 02-27649 NOTICES Environmental statements; notice of intent: Incidental take permits— Kern County, CA; valley floor multiple species habitat conservation plan, 66413-66415 02-27659 Meetings: Endangered Species of Wild Fauna and Flora International Trade Convention, 66463-66492 02-27682 Food Food and Drug Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 66404-66406 02-27741 Reporting and recordkeeping requirements, 66406 02-27740 Reports and guidance documents; availability, etc.: Dryvax administered to children ages 2 to 5; multicenter, randomized dose response study of safety, and clinical and immune response; comment request, 66403-66404 02-27769 Food Food and Nutrition Service RULES Child nutrition program: Women, infants, and children; special supplemental nutrition program— Military housing payments; exclusion, 66303-66304 02-27667 Forest Forest Service NOTICES Meetings:

California Coast Provincial Advisory Committee, 66382 02-27702 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Submission for OMB review; comment request, 66384-66385 02-27710 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See Substance Abuse and Mental Health Services Administration NOTICES Reports and guidance documents; availability, etc.:

Dryvax administered to children ages 2 to 5; multicenter, randomized dose response study of safety, and clinical and immune response; comment request, 66403-66404 02-27769 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 66406-66407 02-27678 Immigration Immigration and Naturalization Service NOTICES Temporary protected status program designations: Sierra Leone, 66423-66425 02-27796 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.:

American Indians/Alaska Natives; Indian Women's Health Demonstration Program, 66407-66410 02-27679 Health Professions Preparatory, Pregraduate, and Indian Health Professions Scholarship Programs, 66410-66412 02-27680 Industry Industry and Security Bureau NOTICES Meetings: National Infrastructure Advisory Council, 66382-66383 02-27758 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Health Insurance Portability and Accountability Act of l996; implementation:

Expatriation; individuals losing United States citizenship; quarterly list, 66456-66457 02-27736 International International Trade Administration NOTICES Antidumping: Stainless steel butt-weld pipe fittings from— Korea, 66383 02-27711 North American Free Trade Agreement (NAFTA); binational panel reviews: Pure and alloy magnesium from— Canada, 66383-66384 02-27708 Pure magnesium from— Canada, 66384 02-27707 International International Trade Commission NOTICES Import investigations:

Semiconductor devices and products containing same, 66416 02-27703 Justice Justice Department See Antitrust Division See Federal Bureau of Investigation See Immigration and Naturalization Service PROPOSED RULES Privacy Act; implementation, 66348-66349 02-27596 NOTICES Pollution control; consent judgments: Union Pacific Railroad Co. et al., 66416-66417 02-27654 Privacy Act: Systems of records, 66417-66419 02-27597 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities:

Submission for OMB review; comment request, 66415 02-27676 Maritime Maritime Administration NOTICES Agency information collection activities: Proposed collection; comment request, 66452-66453 02-27674 Minerals Minerals Management Service NOTICES Outer Continental Shelf operations: Oil and gas lease sales— Restricted joint bidders list, 66416 02-27668 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings: National Environmental Conflict Resolution Advisory Committee, 66425 02-27651 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Submission for OMB review; comment request, 66384-66385 02-27710 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 66453-66455 02-27724 02-27725 Navy Navy Department NOTICES Agency information collection activities: Proposed collection; comment request; correction, 66389-66390 02-27671 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Universal Guardian Corp., 66390 02-27672 Nuclear Nuclear Regulatory Commission RULES Fitness-for-duty programs: Enforcement actions; policy statement, 66311-66316 02-27592 PROPOSED RULES Rulemaking petitions: Leyse, Robert H., 66347-66348 02-27700 NOTICES *Applications, hearings, determinations, etc.:* Baab, Kenneth M., 66425-66427 02-27698 Patel, Chitranjan, 66427-66429 02-27699 Occupational Occupational Safety and Health Administration PROPOSED RULES Safety and health standards, etc.:

Standards improvement project (Phase II), 66493-66517 02-27541 Ocean Ocean Policy Commission NOTICES Meetings, 66429 02-27738 Presidential Presidential Documents ADMINISTRATIVE ORDERS Sudan; continuation of emergency (Notice of October 29, 2002), 66523-66525 02-27982 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See Substance Abuse and Mental Health Services Administration Rural Rural Business-Cooperative Service RULES Program regulations:

Farm labor housing loan and grant program; technical assistance, 66308-66311 02-27681 Rural Rural Housing Service RULES Program regulations: Farm labor housing loan and grant program; technical assistance, 66308-66311 02-27681 RUS Rural Utilities Service RULES Program regulations: Farm labor housing loan and grant program; technical assistance, 66308-66311 02-27681 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Deregistration applications— Lepercq-Istel Trust et al., 66429-66431 02-27664 Exemption applications— MLIG Variable Insurance Trust et al., 66432-66433 02-27662 Meetings;

Sunshine Act, 66433-66434 02-27774 Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 66434-66435 02-27687 Depository Trust Co., 66435-66436 02-27663 State State Department NOTICES Arms Export Control Act: Export licenses; congressional notifications, 66436-66441 02-27714 Grants and cooperative agreements; availability, etc.: Eurasia Professional Exchanges and Training Program, 66441-66448 02-27712 Meetings: United Nations Environment Program; global mercury assessment, 66448-66449 02-27713 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 66412-66413 02-27675 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Customs Service See Internal Revenue Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 66455-66456 02-27709 Veterans Veterans Affairs Department NOTICES Privacy Act:

Systems of records, 66457-66461 02-27686 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 66463-66492 02-27682 Part III Labor Department, Occupational Safety and Health Administration, 66493-66517 02-27541 Part IV Education Department, 66519-66521 02-27599 Part V The President, 66523-66525 02-27982 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. 67 211 Thursday, October 31, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 246 RIN 0584-AD34 Special Supplemental Nutrition Program for Women, Infants and Children: Exclusion of Military Housing Payments AGENCY:

Food and Nutrition Service, USDA. ACTION: Final rule. SUMMARY: This final rule amends the regulations for the Special Supplemental Nutrition Program for Women, Infants and Children

(WIC)to incorporate a non-discretionary provision in the Farm Security and Rural Investment Act of 2002, that affects the WIC application and certification process. In determining an applicant's income eligibility for WIC, this final rule provides WIC State agencies the option to exclude payments to military personnel for privatized housing, whether on or off military installations. EFFECTIVE DATE: This rule is effective May 13, 2002. FOR FURTHER INFORMATION CONTACT: Debbie Whitford, Monday through Friday during regular business hours (8:30 a.m.-5 p.m.) at

(703)305-2746. SUPPLEMENTARY INFORMATION: 1. Why Is This Regulation Necessary? Section 4306 of the Farm Security and Rural Investment Act of 2002, (Pub. L. 107-171), enacted May 13, 2002, amends section 17(d)(2)(B)(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786), to allow WIC State agencies the option to exclude housing allowances paid to military personnel for privatized on-base or off-base housing in determining income eligibility for the WIC Program. In accordance with Pub. L. 107-171, this provision became effective May 13, 2002. 2. Why Is This Regulation a Final Rule? This regulation is a final rule because the Department does not have discretion in how State agencies implement this provision. The provision, as set forth in this final rule, merely reflects the legislation. Thus, it is considered a non-discretionary provision. 3. What Does This Regulation Require of WIC Agencies? This regulation provides WIC State agencies the option to exclude payments to military personnel for privatized housing, whether on- or off-base. Therefore, in this final rule section 246.7(d)(2)(iv)(A)( *1* ) of the WIC Program regulations is revised to include this State agency option. Previously, WIC legislation and regulations provided State agencies the option to exclude military housing allowances provided to military service personnel residing off military installations from consideration as income in determining WIC income eligibility. Since on-base housing has traditionally been provided to families without charge or indication of a cash allowance on their paychecks, WIC has considered this an in-kind benefit that has not been counted as income for WIC eligibility purposes. Therefore, the provision in Pub. L. 107-171 provides State agencies the option to extend the income exclusion to include privatized on-base military housing allowances. The privatization of military housing is intended to provide improved, quality housing for military families living on base by contracting with private developers. An allowance is paid directly to military personnel that can be used only for rent. The household does not have the discretion to use this allowance for any other purpose, even though it is provided as a cash benefit and reflected as such on the employee's Leave and Earnings Statement

(LES)as a Basic Allowance for Housing (BAH). Off-base military housing allowances are also reflected on the LES as BAH. Since payments for privatized housing are reflected as BAH on military pay stubs, WIC agencies cannot readily determine whether this is an off-base or on-base housing allowance. Further, it is clear based on enactment of this provision that Congress intends WIC State agencies to have the option to provide consistent treatment of military housing allowances in determining WIC income eligibility. Therefore, if a WIC State agency chooses to exclude BAH, in effect, it has chosen to exclude off-base housing allowances and payments for privatized on-base housing. 4. Procedural Matters Executive Order 12866 This rule has been determined to be not significant and was not reviewed by the Office of Management and Budget under Executive Order 12866. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is intended to have preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions or which would otherwise impede its full implementation. This rule is not intended to have retroactive effect unless so specified in the EFFECTIVE DATE paragraph of this preamble. Prior to any judicial challenge to the provisions of this rule or the application of its provisions, all applicable administrative procedures must be exhausted. Regulatory Flexibility Act This rule has been reviewed with regard to the requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612). Roberto Salazar, Administrator, Food and Nutrition Service, has certified that this rule will not have a significant economic impact on a substantial number of small entities. This rule modifies WIC application and certification procedures. Therefore, the effect of this change will be primarily on WIC applicants and State and local WIC agencies, some of which are small entities. However, the impact on small entities is not expected to be significant. Paperwork Reduction Act This final rule does not contain new reporting or record keeping requirements subject to approval by the Office of Management and Budget under section 3507 of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-20). The information collection burden associated with certification and eligibility of WIC participants is approved under OMB No. 0584-0043. Executive Order 13132 Executive Order 13132 requires Federal agencies to consider the impact of their regulatory actions on State and local governments. Where such actions have federalism implications, agencies are directed to provide a statement for inclusion in the preamble to the regulations describing the agency's considerations in terms of the three categories called for under section (6)(b)(2)(B) of Executive Order 13132. The Food and Nutrition Service has determined that this final rule does not have Federalism implications under Executive Order 13132. This rule makes changes that are required by Pub. L. 107-171, and became effective on May 13, 2002. The Department does not have discretion in how State agencies implement this provision. The provision, as set forth in this final rule, is reproduced verbatim from the legislation. Executive Order 12372 The Special Supplemental Nutrition Program for Women, Infants and Children

(WIC)Program is listed in the Catalog of Federal Domestic Assistance under 10.557. For the reasons set forth in the final rule in 7 CFR part 3015, subpart V and related notice (48 FR 29115), this program is included from the scope of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Public Law 104-4 Unfunded Mandate Reform Act of 1995

(UMRA)Title II of UMRA establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, FNS generally must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to State, local, or tribal governments in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires FNS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost-effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local, and tribal governments or the private sector of $100 million or more in any one year. This rule is, therefore, not subject to the requirements of sections 202 and 205 of the UMRA. Civil Rights Impact Analysis FNS has reviewed this final rule in accordance with the Department Regulation 4300-4, “Civil Rights Impact Analysis,” to identify and address any major civil rights impacts this rule might have on minorities, women, and persons with disabilities. FNS has no discretion in implementing this change in income eligibility assessment. All data available to FNS indicate that protected individuals have the same opportunity to participate in the WIC Program as non-protected individuals. FNS specifically prohibits the State and local government agencies that administer the WIC Program from engaging in actions that discriminate based on race, color, national origin, sex, age or handicap. Regulations at 7 CFR 246.8 specifically state that “Department of Agriculture regulations on non-discrimination (7 CFR parts 15, 15a and 15b), and FNS instructions ensure that no person shall on the grounds of race, color, national origin, age, sex, or handicap, be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under the Program.” Discrimination in any aspect of program administration is prohibited by these regulations, Department of Agriculture regulations on non-discrimination (7 CFR parts 15, 15a, and 15b), the Age Discrimination Act of 1975 (Pub. L. 94-135), the Rehabilitation Act of 1973 (Pub. L. 93-112, section 504), and title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d). Enforcement action may be brought under any applicable Federal law. Title VI complaints shall be processed in accord with 7 CFR part 15. Where State agencies have options, and they choose to implement a certain provision, they must implement it in such a way that it complies with the regulations at 7 CFR 246.8. Public Participation This action is being finalized without prior notice or public comment under authority of 5 U.S.C. 553(b)(3)(A) and (B). This final rule implements a non-discretionary legislative provision in the Farm Security and Rural Investment Act of 2002, Pub. L. 107-171, by providing WIC State agencies the option to exclude payments to military personnel for privatized housing, whether on- or off-base, when determining income eligibility for the WIC Program. Thus, the Department has determined in accordance with 5 U.S.C. 553(b) that notice of proposed rulemaking and opportunity for public comments is unnecessary and contrary to the public interest. The provisions became effective May 13, 2002. Therefore, we are making this rule effective retroactively to May 13, 2002. List of Subjects in 7 CFR Part 246 Food assistance programs, Food donations, Grant programs—Social programs, Indians, Infants and children, Maternal and child health, Nutrition education, Public assistance programs, WIC, Women. Accordingly, 7 CFR Part 246 is amended as follows: PART 246—SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS AND CHILDREN 1. The authority citation for part 246 continues to read as follows: Authority: 42 U.S.C. 1786. 2. In § 246.7, revise paragraph (d)(2)(iv)(A)( *1* ) to read as follows: § 246.7 Certification of participants.

(d)* * *

(2)* * *

(iv)* * *

(A)* * * ( *1* ) Basic allowance for housing received by military services personnel residing off military installations or in privatized housing, whether on- or off-base; and Dated: October 21, 2002. Roberto Salazar, Administrator, Food and Nutrition Service. [FR Doc. 02-27667 Filed 10-30-02; 8:45 am]

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