Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2002-11-12.xml --- 67 218 Tuesday, November 12, 2002 Contents AID Agency for International Development NOTICES Agency information collection activities: Proposed collection; comment request, 68559 02-28655 Agriculture Agriculture Department See Forest Service See National Agricultural Statistics Service See Natural Resources Conservation Service NOTICES Privacy Act: Systems of records, 68559-68561 02-28667 Coast Guard Coast Guard RULES Anchorage regulations:

Maine, 68517-68519 02-28681 Drawbridge operations: Louisiana, 68519-68521 02-28678 Texas, 68519 02-28679 PROPOSED RULES Anchorage regulations: Louisiana, 68540-68542 02-28680 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Guatemala, 68565 02-28627 Hong Kong, 68566-68568 02-28628 Hungary, 68568 02-28629 India, 68569 02-28630 Kuwait, 68569-68570 02-28631 Laos, 68570-68571 02-28633 Macau, 68571-68572 02-28632 Oman, 68572 02-28634 Pakistan, 68572-68573 02-28636 Poland, 68573-68574 02-28635 Qatar, 68574 02-28637 Russia, 68575 02-28641 Slovak Republic, 68575-68576 02-28638 Sri Lanka, 68576-68577 02-28639 Taiwan, 68577-68579 02-28640 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 68579-68580 02-28580 Customs Customs Service NOTICES Commercial laboratory accreditations: Approval— Intertek Testing Services, 68723-68724 02-28689 Customhouse broker license cancellation, suspension, etc.: Stribling, Ronald D., 68724 02-28690 Customs broker and national permits; user fees, 68724 02-28688 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cambridge Isotope Lab, 68686 02-28657 Guerra, Lazaro, M.D., 68686-68687 02-28661 Morris, Ramona K., M.D., 68687-68688 02-28658 Noramco of Delaware, Inc., 68688 02-28656 Santucci, Alfred S., D.M.D., 68688 02-28659 Yabut-Baluyut, Fredesminda, M.D., 68689-68690 02-28660 Employment Employment and Training Administration NOTICES Federal-State unemployment compensation program:

Federal Unemployment Tax Act; certifications, 68690-68691 02-28646 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Energy Information Administration See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office NOTICES Grants and cooperative agreements; availability, etc.: Advanced Communications and Controls Program, 68580-68581 02-28653 Energy Energy Information Administration NOTICES Reports and guidance documents; availability, etc.:

Weekly Natural Gas Storage Report; revision policy statement, 68581-68583 02-28652 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Benzene waste operations, 68526-68533 02-28499 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Pennsylvania, 68521-68526 02-28495 PROPOSED RULES Air pollutants, hazardous; national emission standards: Benzene waste operations, 68546-68548 02-28500 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Pennsylvania, 68545-68546 02-28496 Air quality implementation plans; approval and promulgation; various States: Virginia, 68542-68545 02-28695 NOTICES Reports and guidance documents; availability, etc.: Ferric ferrocyanide; preliminary administrative determination document on whether it is cyanide within meaning of toxic pollutants list; correction, 68725 C2-28006 Nonpoint source pollution from urban areas (urban runoff); control and prevention; national management measures, 68596 02-28694 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export-Import Bank NOTICES Uzbek company; equipment and other goods and services sent on behalf of U.S. exporters; finance application, 68596-68597 02-28569 FAA Federal Aviation Administration RULES Airworthiness directives:

Cessna, 68508-68510 02-28408 Eurocopter France, 68505-68508 02-28410 02-28412 MORAVAN a.s.; correction, 68725 C2-27201 PROPOSED RULES Airworthiness directives: de Havilland, 68536-68539 02-28617 FCC Federal Communications Commission NOTICES Agency information collection activities: Proposed collection; comment request, 68597 02-28708 Submission for OMB review; comment request, 68597-68599 02-28709 Common carrier services: Wireless telecommunications services— New AM broadcast stations; construction permits auction;

FCC Form 175 application; additional information, 68602 02-28706 Reports and guidance documents; availability, etc.: Schools and libraries universal service support mechanism; applicants seeking discounts; Forms 470 and 471 and instructions, etc., 68603-68666 02-28326 *Applications, hearings, determinations, etc.:* EchoStar Communications Corp. et al., 68599-68602 02-28581 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 68667 02-28762 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities:

Submission for OMB review; comment request, 68667-68671 02-28619 02-28620 02-28621 02-28622 02-28623 02-28624 02-28625 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 68583-68585 02-28583 02-28731 Electric rate and corporate regulation filings: Delano Energy Company, Inc., et al., 68591-68592 02-28729 Environmental statements; availability, etc.: Grande Pointe Power Corp., 68593 02-28586 Hydroelectric applications, 68593-68595 02-28584 02-28732 02-28733 Practice and procedure:

Off-the-record communications, 68596 02-28587 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 68585 02-28599 CenterPoint Energy-Mississippi River Transmission Corp., 68586 02-28598 CMS Trunkline Gas Co., LLC, 68586-68587 02-28592 02-28596 CMS Trunkline LNG Co., LLC, 68587 02-28591 Columbia Gulf Transmission Co., 68587 02-28582 Distrigas of Massachusetts LLC, 68587-68588 02-28601 Enbridge Pipelines (KPC), 68588 02-28597 Energy Investments Management, Inc., 68592-68593 02-28730 Gulf South Pipeline Co., LP, 68588-68589 02-28594 02-28595 Horizon Pipeline Co., L.L.C., 68593 02-28734 Panhandle Eastern Pipe Line Co., 68589 02-28593 Sea Robin Pipeline Co., 68589 02-28590 Southern LNG Inc., 68589-68590 02-28600 Texas Gas Transmission Corp., 68590 02-28589 Transwestern Pipeline Co., 68590 02-28588 Wyoming Interstate Co., Ltd., 68590-68591 02-28602 Federal Highway Federal Highway Administration RULES Planning and research:

Metropolitan transportation planning and programming; additional time for New York City due to terrorist attacks Correction, 68512 02-28643 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Adams, Doris V., et al.; vision requirement exemption applications, 68719-68723 02-28559 Federal Railroad Federal Railroad Administration NOTICES Traffic control systems; discontinuance or modification: Wheeling & Lake Erie Railway Co., 68723 02-28677 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 68672 02-28570 FTC Federal Trade Commission NOTICES Meetings: Health Care and Competition Law and Policy; hearings, 68672-68673 02-28648 Prohibited trade practices: Currier, Robert M., 68673-68674 02-28649 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Marketable book-entry Treasury bills, notes, and bonds: Net long position and application of 35 percent limit; reporting requirements, 68513-68517 02-28662 Food Food and Drug Administration RULES Medical devices:

Dental devices— Intraoral devices for snoring and/or obstructive sleep apnea, 68510-68512 02-28549 NOTICES Reports and guidance documents; availability, etc.: Electronic records; electronic signatures and electronic copies, 68674-68675 02-28551 Medical devices— Intraoral devices for snoring and/or obstructive sleep apnea; Class II special controls, 68675-68676 02-28550 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Fresno County, 68562 02-28618 Lassen County, 68561 02-28616 Siskiyou County, 68561 02-28615 Reports and guidance documents; availability, etc.:

Challenge cost share agreements; interim directive, 68562 02-28612 Health Health and Human Services Department See Food and Drug Administration See Substance Abuse and Mental Health Services Administration PROPOSED RULES Grants: National Institutes of Health center grants, 68548-68551 02-28292 Housing Housing and Urban Development Department NOTICES Privacy Act: Systems of records, 68677-68684 02-28481 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes:

Incidental expenses substantiation, 68512-68513 02-28543 PROPOSED RULES Income taxes: Incidental expenses substantiation; cross-reference, 68539-68540 02-28544 International International Trade Administration NOTICES Countervailing duties: In-shell pistachios and roasted in-shell pistachios from— Iran; correction, 68563 02-28700 International International Trade Commission NOTICES Import investigations: Cold-rolled steel products from— Various countries, 68685-68686 02-28609 Justice Justice Department See Drug Enforcement Administration See Justice Programs Office Justice Justice Programs Office NOTICES Meetings:

Public Safety Officer Medal of Valor Review Board, 68690 02-28610 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Public land orders: Michigan, 68684 02-28703 Legal Legal Services Corporation NOTICES Grants and cooperative agreements; availability, etc.: Civil legal services to poor— New Jersey, 68695 02-28665 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Gulf of Mexico— Oil and gas lease sales, 68684-68685 02-28557 Meetings:

Gulf of Mexico OCS Region; Exploration Plans and Development Operations Coordination Documents; workshop, 68685 02-28611 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Government property; heritage assets, 68533-68535 02-28084 Interagency Fleet Management System vehicles; contractor use, 68533 02-28541 PROPOSED RULES Acquisition regulations: Trade Agreements Act; exception for U.S.-made end products, 68551 02-28542 NOTICES Inventions, Government-owned; availability for licensing, 68695-68697 02-28560 02-28561 02-28562 02-28563 02-28564 02-28565 02-28566 02-28567 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Ooltewah Manufacturing, Inc., 68697 02-28568 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities: Proposed collection; comment request, 68562-68563 02-28666 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 68697-68698 02-28626 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Lamps, reflective devices, and associated equipment— Headlamps with upper and lower beam contributors; rulemaking petition denied, 68551-68553 02-28558 National Institute National Institute of Standards and Technology NOTICES Committees; establishment, renewal, termination, etc.:

National Construction Safety Team Advisory Committee, 68563-68564 02-28579 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: West Coast salmonids; four evolutionarily significant units; take Correction, 68725 C2-440 PROPOSED RULES Fishery conservation and management: Atlantic coastal fisheries cooperative management— Exempted fishing permits, 68556-68558 02-28701 Marine mammals: National Marine Mammal Tissue Bank; access to tissue specimen samples; protocol, 68553-68556 02-28512 NOTICES Grants and cooperative agreements; availability, etc.:

Climate and Global Change Program, 68564-68565 02-28663 NRCS Natural Resources Conservation Service RULES Conservation operations: Private grazing land conservation, 68495-68498 02-28691 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Nuclear Fuel Services, Inc.; correction, 68699 02-28670 United States Enrichment Corp.— Paducah Gaseous Diffusion Plant, KY, et al., 68699-68701 02-28669 Meetings: Nuclear Waste Advisory Committee, 68701-68702 02-28672 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 68727-68748 02-28483 *Applications, hearings, determinations, etc.:* Arizona Public Service Co., 68699 02-28671 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 68702 02-28763 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities: Proposed collection; comment request, 68702 02-28650 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Veterans Day (Proc. 7623), 68749-68752 02-28892 ADMINISTRATIVE ORDERS Weapons of mass destruction; continuation of emergency (Notice of November 6, 2002), 68493 02-28857 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Reclamation Reclamation Bureau NOTICES Meetings:

California Bay-Delta Public Advisory Committee, 68685 02-28614 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 68702-68703 02-28806 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 68704-68709 02-28604 02-28605 Depository Trust Co., 68709-68710 02-28654 Nasdaq Liffe Markets, Inc., 68710-68713 02-28606 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 68703-68704 02-28710 SBA Small Business Administration RULES New Markets Venture Capital Program:

Miscellaneous amendments, 68498-68505 02-28204 NOTICES Agency information collection activities: Proposed collection; comment request, 68713 02-28684 Submission for OMB review; comment request, 68713-68714 02-28683 02-28686 02-28687 Disaster loan areas: Louisiana, 68714 02-28571 Mississippi, 68714 02-28685 State State Department NOTICES Committees; establishment, renewal, termination, etc.: Inter-American Tropical Tuna Commission, U.S. Section, 68714-68716 02-28675 Meetings: Defense Trade Advisory Group, 68716 02-28676 Historical Diplomatic Documentation Advisory Committee, 68716 02-28674 International Economic Policy Advisory Committee, 68716-68717 02-28819 Statistical Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Knowledge Dissemination Conference Program, 68676-68677 02-28809 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Meetings: Industry Sector Advisory Committees— Small and Minority Business, 68717 02-28555 North American Free Trade Agreement (NAFTA): Chapter 19 roster; invitation for applications for inclusion on binational panels, 68717-68719 02-28556 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Customs Service See Fiscal Service See Internal Revenue Service PROPOSED RULES Currency and foreign transactions; financial reporting and recordkeeping requirements:

USA PATRIOT ACT; implementation— Anti-money laundering programs for insurance companies; correction, 68540 02-28664 NOTICES Agency information collection activities: Submission for OMB review; comment request, 68723 02-28651 Veterans Veterans Employment and Training Service NOTICES Agency information collection activities: Proposed collection; comment request, 68691-68694 02-28647 Separate Parts In This Issue Part II Nuclear Regulatory Commission, 68727-68748 02-28483 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. 67 218 Tuesday, November 12, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service 7 CFR Part 610 RIN 0578-AA29 Conservation of Private Grazing Land AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Final rule. SUMMARY: Section 386 of the Federal Agriculture Improvement and Reform Act (FAIRA) of 1996 authorizes the Secretary to provide a coordinated technical, educational, and related assistance program to conserve and enhance private grazing land resources. This rule sets forth a policy to implement the conservation technical assistance regulations as they relate to private grazing land conservation assistance. EFFECTIVE DATE: November 12, 2002. FOR FURTHER INFORMATION CONTACT:

Mark W. Berkland, Director, Conservation Operations Division, NRCS, P.O. Box 2890, Washington, DC 20013-2890; telephone:

(202)720-1845; fax:

(202)720-4265; submit e-mail to *mark.berkland@usda.gov,* Attention: Conservation of Private Grazing Land. SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be significant, and was reviewed by the Office of Management and Budget

(OMB)under Executive Order 12866. Pursuant to Sec. 6(a)(3) of Executive Order 12866, the Natural Resources Conservation Service

(NRCS)conducted an economic analysis of the potential impacts associated with this final rule. Copies of this economic analysis may be obtained from Mitch Flanagan, Conservation Operations Division, NRCS; telephone:

(202)690-5988; fax:

(202)720-4265; e-mail: *mitch.flanagan@usda.gov,* Attention: Conservation of Private Grazing Land. Regulatory Flexibility Act The Regulatory Flexibility Act is not applicable to this final rule. The Department of Agriculture

(USDA)is not required by 5 U.S.C. 553, or any other provisions of law, to publish a notice of proposed rulemaking with respect to the subject matter of this rule. National Environmental Policy Act The Conservation of Private Grazing Land

(CPGL)Program does not consist of financial assistance, nor does it provide NRCS with the authority or opportunity to control the actions of private landowners and managers. The CPGL Program provides NRCS with the authority to provide management alternatives to landowners and managers about techniques to improve the quality of their grazing lands. The landowners and managers are responsible for determining which actions to take in which there would be positive environmental effects. There is no specific Federal action that would affect the human environment; therefore, there is no basis on which to conduct a meaningful analysis of environmental effects. In addition, the CPGL Program, and this regulation do not result in any irretrievable commitment of resources. Paperwork Reduction Act No substantive changes have been made to this rule that would affect the record-keeping requirements and estimated burdens previously reviewed and approved under OMB control number 0578-0013. Requesting technical assistance through the CPGL program may result in applying and receiving financial assistance through existing long-term contracting conservation programs. (0578-0013 Long-Term Contracting Paperwork Package). CPGL is not a financial assistance program. Unfunded Mandates Reform Act of 1995 Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, Public Law 104-4, NRCS assessed the effects of this rulemaking action on State, local, tribal governments, and the public. The action does not comply with the expenditure of $100 million, or more, by any State, local, or tribal governments, or anyone in the private sector, and therefore, a statement under section 202 of the Unfunded Mandates Reform Act of 1995 is not required. Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 USDA classified this final rule as “not major” under Section 304 of the Department of Agriculture Reorganization Act of 1994, Public Law 103-354, therefore, a risk assessment is not required. Purpose and Scope Section 386 of the FAIRA of 1996, 16 U.S.C. 2005b, sets forth policy and authority for the conservation of private grazing land program. This rule sets forth policy for NRCS to implement the new authority when funded, as authorized by FAIRA. NRCS' CPGL Program will expand the agency's capability to provide technical assistance. It is stated in 7 CFR Part 610 that the NRCS mission promotes the quality of all agricultural lands, including cropland, forestland, and grazing land. This also includes pastureland, rangeland, and grazed forestland so that the long-term sustainability of the resource base is achieved. Private grazing land constitutes nearly one-half of the non-Federal land of the United States. This land is basic to the environmental, social, and economic stability of rural areas. Private grazing land includes private, State-owned, tribally owned, and any other non-Federally owned land managed to produce forage or browse. Grazing land is found in every State, and constitutes the single largest watershed cover type in the United States. Healthy grazing land is the foundation for economic sustainability of many communities, and is the cornerstone of a healthy environment. Grazing land is the single largest private land use in the Nation. This land is voluntarily managed by over 1.2 million individuals. Less than 4 percent currently receive voluntary technical assistance through NRCS for the management of these natural resources. The use of technical assistance is voluntary. The assistance will allow grazing land owners and managers to implement their conservation planning decisions on private grazing land in order to maintain and improve grazing land resources. NRCS' technical assistance program provides assistance to private grazing land owners and managers to address soil and water conservation issues. However, the conservation agenda continues to expand as a result of greater scientific understanding of ecosystems. This agenda increases the number of policy actions, as well as Federal, State, and local laws on environmental quality. These policy actions place new requirements on landowners and land users, thus increasing the need for voluntary conservation technical assistance to address emerging resource issues and regulations. Many of today's owners of grazing land have difficulty staying abreast of environmental regulations. Every landowner or manager's actions are important because they have a significant impact on a particular piece of land. These decisions affect neighboring lands, as well as the larger ecosystem and watershed in which they occur. Since 1935, NRCS has provided technical assistance to landowners and managers to address soil erosion and water quality problems. Section 386 of FAIRA expands current technical assistance authorities to include: • Using and improving energy-efficient ways to produce food and fiber; • Improving the dependability and consistency in water supplies; • Improving and conserving fish habitat and aquatic systems; • Protecting and improving water quality; • Conserving and improving habitat for wildlife; • Sustaining forage and grazing plants; • Using plants to sequester greenhouse gases; • Enhancing recreational activities; • Maintaining or reducing weed, noxious weed, and brush encroachment; • Enhancing long-term economic opportunities; • Providing opportunities for improved nutrient management from the land application of animal manure and other by-product nutrient sources; • Improving the quality of animals produced on these lands; and • Producing food and fiber from lands that will not support cultivated crop production. Technical assistance in the past has provided assistance for these authorities when the primary purpose was addressing soil and water conservation issues. With this rule, technical assistance will be provided to individuals when soil and water conservation issues may not be the primary resource concern, but are of secondary importance. However, in applying this authority, conservation technical assistance is available for wildlife habitat improvement, animal health improvement, forage quality improvement, air quality improvement, and addressing other natural resource issues beyond soil and water conservation. Congress authorized assistance for these additional purposes, realizing there are competing demands on private land grazing resources. These lands can be enhanced by offering technical assistance to individuals, which will provide benefits to all citizens of the United States. There are approximately 280 million acres of rangeland and 75 million acres of pastureland in need of conservation treatment. An estimated 17 percent of all of these acres have soil-related and water-related resource concerns that could be addressed by NRCS' existing technical assistance program. This leaves 83 percent or 295 million acres in need of conservation treatment not directly related to soil and water conservation. What happens on the land remains critical to the U.S. economic and environmental well-being, even for those who never set foot on grazing land. Grazing land produces much of our food and water supplies, and provides wildlife habitat that allows many recreational opportunities. There are many types of products derived from animals that are raised on grazing lands: Household products including furniture, clothes, soap, insulation, deodorants, and paints; pharmaceutical products including blood plasma and medical sutures; and manufacturing products including hydraulic fluid, airplane lubricants, machine oils, car polish, and textiles. Current Technical Assistance Furnished NRCS provides technical assistance to land users and others who are responsible for making decisions related to land use, conservation treatment, and resource management. Technical assistance, furnished by NRCS, consists of conservation program delivery through resource planning, and the evaluation and application of conservation practices, including assistance in the technical phases of administering USDA cost-share programs. NRCS works with the local conservation district to prioritize a request to ensure that technical assistance is provided in a fair and equitable manner. Planning assistance includes the evaluation and inventory of soil, water, animal, plant, air, and other resource information needed to make land use, environmental, and conservation treatment decisions. NRCS assists land users in developing conservation plans for farms, ranches, and other land units. The land user's decisions are recorded in the plan, and based on their conservation objectives. These plans document an orderly installation of conservation practices that ultimately make up a conservation system. Application assistance is provided to help land users apply and maintain planned conservation practices. NRCS assistance for applying the conservation practices and systems may include: • Design, layout, and evaluation of conservation practices; • Development of management alternatives and cultural practices needed to establish and maintain vegetation; and • Planning, construction, and maintenance of other conservation practices needed to protect and enhance natural resources. NRCS may provide additional assistance to: • Maintain and improve private grazing land resources that provide multiple benefits. For example, a grazing management plan not only benefits domestic livestock, but it may also benefit wildlife. A grazing management plan prevents overgrazing, maintains the vigor and diversity of the plant community, discourages invasion of weeds, prevents erosion, and protects streambanks and water quality; • Ensure the long-term sustainability of private grazing land resources. The cyclical economic patterns in the grazing industry affect how intensively grazing land resources are used. The Nutrition Balance Analyzer is a model used to help managers make effective decisions about nutrition management of their livestock. A manager saves an estimated $10-$32 per animal per year by improving the production efficiency from use of this technology; • Implement new grazing land management technologies. Technologies impacting grazing land, as in other industries, are always changing. Technical assistance provided to an individual helps with identifying and implementing new technologies to improve the environmental, economic, and/or social challenges of the private landowners or managers. These new and improved technologies may include new fencing materials, livestock watering facilities, chemicals to control invasive weeds, livestock health products, grazing management practices, fertilizer technologies, geographic information systems, and other computerized decision support systems; • Manage resources on private grazing land through conservation planning, including, but not limited to; grazing management, nutrient management, soil quality, and weed and invasive species control. Technical assistance helps the producer adjust management decisions, as new information becomes available; • Maintain and improve water quality and quantity, aquatic and wildlife habitat, recreational opportunities, and aesthetics on private grazing land; • Harvest, process, and market private grazing land resources. Technical assistance may be provided to help an individual identify opportunities to develop specialty meats, leather, feathers, wool, and mohair products, or other products that are nontraditional; and • Identify opportunities to diversify private grazing land enterprises. Many operations have an opportunity to diversify their operation with technical assistance by establishing recreational opportunities that include hunting, fishing, kayaking, canoeing, hiking, biking, picnicking, camping, bird watching, nature photography, or farm and ranch vacations as additional enterprises. The resources, goals, and objectives vary with each individual. Technical assistance helps landowners understand the land and the tools available to manage their land. Conservation solutions that are developed and implemented are based upon the specific resources and needs of an individual as a result of technical assistance. Private grazing land owners and managers use technical assistance for planning and implementing resource conservation plans on grazing land. The objectives of planning grazing lands are to assist landowners and managers to understand the basic ecological principles of plant/herbivore interaction, management implications to their land (soil, water, air, plants, and animals) and develop a plan that meets the needs of the resources and owners/managers management objectives. Conservation plans for grazing land include decisions for managing the plant community to conserve or enhance the soil, water, air, plant, and animal resources. The major objective for grazing land is to design and establish a grazing management plan. When combining the appropriate conservation practices, the plan sustains the resources to meet landowners' or managers' objectives. Landowners and managers make decisions to implement the necessary conservation practices. The economic benefits vary between every individual operation. The net financial benefits of increased forage production will vary among producers, depending upon the cost and benefits of implementing grazing land practices. Costs vary from a few dollars to several hundred dollars per acre, depending on the individual situation. If minor adjustments are needed, the cost for the adjustments may be inexpensive. However, if major changes are needed (such as brush control, fence installation, fertilizer, and watering facilities), the costs may be significantly higher. Furthermore, the results will vary due to the climatic differences and other resource differences between grazing land operations. Gaining benefits from proper management may take a few months to several years. The agency believes that providing voluntary technical assistance to private grazing landowners and operators will also result in public benefits. These benefits include an overall improved quality of life from reduced soil erosion and sedimentation, improved water quality, increased wildlife habitat, and other resource improvements. The benefits provide economic stability to many communities, and keep the Nation's grazing land productive. Discussion of Public Comments In general, many of the respondents expressed appreciation for the opportunity to comment on the proposed rule. There were a total of 10 respondents to the proposed rule (individuals from Federal agencies, universities, and other organizations). The comments centered on four issues:

(1)Educational role of NRCS;

(2)partnership between NRCS, Cooperative State Research, Education, and Extension Service (CSREES), and others;

(3)funding; and

(4)other agency programs and activities. *Comment:* Five comments expressed concern that NRCS is duplicating the educational activities provided by CSREES. *Response:* NRCS provides technical assistance on a one-on-one basis to landowners and managers to address natural resource issues. It is this process of transferring technology to the producer that we provide assistance, and is not the same type of “education” provided by the Cooperative Extension System. *Comment:* Eight comments suggested that a partnership between NRCS, CSREES, and others needs to be initiated or improved to meet the training and educational requirements necessary to address many of the natural resource issues facing grazing land. *Response:* NRCS values relationships with other Federal, State, local resource agencies, and others with which common objectives are shared, although their missions may differ. NRCS partners with many agencies and organizations to enhance and strengthen conservation efforts throughout the country. There were a few comments received regarding program funding and other agency programs and activities. Although these comments were reviewed and considered, they were not germane to this rule. Some minor editorial and other changes in the text were suggested; these comments are not included in an analysis, but most were considered. List of Subjects in 7 CFR Part 610 Soil conservation, Technical assistance, Water resources. For the reasons stated in the preamble, the Natural Resources Conservation Service amends 7 CFR Part 610 as set forth below: PART 610—TECHNICAL ASSISTANCE 1. The authority citation for Part 610 continues to read as follows: Authority: 16 U.S.C. 590a-f, 590-1, 2005b, 3861, 3862. 2. Accordingly, Title 7 of the Code of Federal Regulations is amended by adding a new Subpart D to Part 610 to read as follows: Subpart D—Conservation of Private Grazing Land Sec. 610.31 Purpose and scope. 610.32 Technical assistance furnished. Subpart D—Conservation of Private Grazing Land § 610.31 Purpose and scope.

(a)This subpart sets forth the policies for the Conservation of Private Grazing Land

(CPGL)Program, as authorized by Section 386 of the Federal Agriculture Improvement and Reform Act of 1996, (Pub. L. 104-127, April 4, 1996) 16 U.S.C. 2005b. Under the CPGL Program, NRCS will provide technical assistance to landowners and managers who request assistance based on locally-established priorities and resource concerns. The purpose of the CPGL Program is to provide technical assistance to private grazing land owners and managers to voluntarily conserve or enhance grazing land resources to meet ecological, economic, and social demands.

(b)The term “private grazing land” means private, State-owned, tribally owned, and any other non-federally owned rangeland, pastureland, grazed forestland, hayland, and other lands used for grazing.

(c)The NRCS Chief may implement the CPGL Program in any of the 50 States, the District of Columbia, Commonwealth of Puerto Rico, Guam, the U.S. Virgin Islands, and American Samoa. NRCS will provide assistance in cooperation with conservation districts, or directly to a landowner or operator. § 610.32 Technical assistance furnished.

(a)Provide technical assistance to grazing-land owners and managers to plan and implement resource conservation on grazing land. The objective of planning on grazing land is to assist landowners and managers in understanding the basic ecological principles associated with managing their land. This objective can be met by implementing a plan that meets the needs of the resources (soil, water, air, plants, and animals) and management objectives of the owner or manager. NRCS may provide assistance, at the request of the private grazing-land owner or manager to:

(1)Maintain and improve private grazing land resources that provide multiple benefits;

(2)Ensure the long-term sustainability of private grazing land resources;

(3)Implement new grazing land management technologies;

(4)Manage resources on private grazing land through conservation planning, including, but not limited to; grazing management, nutrient management, and weed and invasive species control;

(5)Maintain and improve water quality and quantity, aquatic and wildlife habitat, recreational opportunities, and aesthetics on private grazing land;

(6)Harvest, process, and market private grazing land resources; and

(7)Identify opportunities to diversify private grazing land enterprises.

(b)Refer to 7 CFR 610.4 on other items relating to technical assistance.

(c)To receive technical assistance, a landowner or manager may contact NRCS or the local conservation district to seek assistance to solve identified natural resource problems or opportunities. Participation in this program is voluntary. Signed in Washington, DC, on October 31, 2002. Bruce I. Knight, Chief, Natural Resources Conservation Service. [FR Doc. 02-28691 Filed 11-8-02; 8:45 am]

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