Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-11-14.xml --- 67 220 Thursday, November 14, 2002 Contents Agriculture Agriculture Department See Food Safety and Inspection Service Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Portable thermocycler, 68995-68996 02-28906 Senior Executive Service: Performance Review Boards; membership, 68996 02-28905 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Technology Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 68986 02-28912 68986-68987 02-28913 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: India, 68993-68994 02-28888 Thailand, 68994-68995 02-28887 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities: Proposed collection; comment request, 68995 02-28865 Defense Defense Department See Army Department PROPOSED RULES Debts resulting from erroneous payments of pay and allowances; waiver, 68963-68965 02-28728 68965-68971 02-28735 Personnel and general claims and advance decision requests; settling and processing, 68956-68957 02-28726 Procedures, 68957-68963 02-28727 Education Education Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 68996-68997 02-28868 Meetings: Postsecondary Education Improvement Fund National Board, 68997 02-28864 Employment Employment and Training Administration NOTICES Reports and guidance documents; availability, etc.: State workforce agencies; Training and Employment Guidance Letters implementing Federal law pertaining to Trade Adjustment Assistance, 69029-69041 02-28932 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Natural gas exportation and importation:

Texaco Natural Gas, Inc., et al., 68997-68999 02-28895 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 68935-68941 02-28696 Texas, 68941-68944 02-28844 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 68971 02-28697 Water programs: Water quality standards— Kentucky, 68971-68984 02-28922 NOTICES Grants and cooperative agreements; availability, etc.:

Ecology and Oceanography of Harmful Algal Blooms Program, 69001-69002 02-28921 Meetings: Environmental Policy and Technology National Advisory Council, 69002-69003 02-28910 Pesticide, food, and feed additive petitions: Wacker Biochem Corp., 69003-69009 02-28909 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Farm Farm Credit Administration RULES Farm credit system: Practice and procedure— Civil money penalties; inflation adjustment, 68931-68932 02-28881 FAA Federal Aviation Administration RULES Airworthiness directives:

Textron Lycoming, 68932-68934 02-29003 PROPOSED RULES Air carrier certification and operations: Robinson model R-22 or R-44 helicopters; pilot training and experience requirements, 69105-69108 02-28963 Airworthiness directives: Bell, 68952-68956 02-28859 FCC Federal Communications Commission RULES Television broadcasting: Satellite Home Viewer Improvement Act of 1999; implementation— Satellite retransmissions of broadcast signals; network nonduplication, syndicated exclusivity, and sports blackout rules, 68944-68951 02-28894 NOTICES Agency information collection activities:

Proposed collection; comment request, 69009-69010 02-28893 Common carrier services Wireless telecommunications services— ITFS, MDS, and MMDS license status verification and pending applications; preparation for transfer to Universal Licensing System, 69010-69012 02-28890 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 69012 02-29020 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 69012-69013 02-29101 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 69000-69001 02-29012 CenterPoint Energy Gas Transmission Co., 68999 02-29008 68999 02-29010 Greenbrier Pipeline Co., LLC, 68999 02-29006 Mississippi River Transmission Corp., 68999-69000 02-29009 Sabine Pipe Line LLC, 69000 02-29007 Tennessee Gas Pipeline Co., 69000 02-29011 Zia Natural Gas Co.; correction, 69075 C2-27921 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 69013 02-28911 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 69013 02-28748 Federal Open Market Committee: Domestic policy directives, 69013 02-28874 Fish Fish and Wildlife Service PROPOSED RULES Marine mammals: Incidental take during specified activities— Florida manatees; watercraft and watercraft access facilities, 69077-69104 02-28607 NOTICES National Wildlife Refuge System: Alaska; big game guide permits; solicitation and extension, 69018 02-28871 Food Food and Drug Administration NOTICES Human drugs:

Patent extension; regulatory review period determinations— ACOVA, 69015-69016 02-28884 COLAZAL, 69014 02-28882 LOTRONEX, 69014-69015 02-28883 SOLAGE, 69016-69017 02-28885 Food Food Safety and Inspection Service NOTICES Meetings: Listeria monocytogenes; one-day summit, 68985-68986 02-28915 Health Health and Human Services Department See Food and Drug Administration Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Reclamation Bureau NOTICES Meetings:

Recreation One-Stop Initiative; progress; stakeholders update, 69017-69018 02-28916 IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 69073-69074 02-28936 International International Trade Administration NOTICES Antidumping: Non-frozen apple juice concentrate from— China, 68987-68989 02-28925 Stainless steel sheet and strip in coils from— Korea, 68989-68990 02-28926 Tapered roller bearings and parts, finished and unfinished, from— China, 68990-68993 02-28924 Justice Justice Department See Parole Commission Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration See Pension and Welfare Benefits Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 69028-69029 02-28929 69029 02-28930 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Lower Snake River District, 69018-69019 02-28872 Minerals Minerals Management Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 69019-69021 02-28860 69021-69023 02-28861 69023-69025 02-28862 69025-69027 02-28863 Mine Mine Safety and Health Administration NOTICES Petitions for safety standard modifications; summary of affirmative decisions, 69041-69045 02-28918 NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

GeoTech Chemical Co., LLC, 69046 02-28908 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities: Submission for OMB review; comment request, 69046-69047 02-28878 Meetings: Combined Arts Advisory Panel, 69047 02-28879 NOAA National Oceanic and Atmospheric Administration NOTICES Grants and cooperative agreements; availability, etc.: Climate variability and human health, 69109-69113 02-29087 National Park National Park Service NOTICES Meetings:

Christmas Pageant of Peace; comment request, 69027 02-29027 National Science National Science Foundation NOTICES Agency information collection activities: Submission for OMB review; comment request, 69047-69048 02-28870 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites: Jefferson Proving Ground, IN, 69049-69050 02-28901 Molycorp, Inc., York, PA, 69050-69051 02-28902 Environmental statements; availability, etc.: Yankee Atomic Electric Co., 69051-69052 02-28904 Meetings;

Sunshine Act, 69052 02-29064 *Applications, hearings, determinations, etc.:* Sequoyah Fuels Corp., 69048-69049 02-28903 Occupational Occupational Safety and Health Administration NOTICES Meetings: Construction Safety and Health Advisory Committee, 69045 02-28931 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Parole Parole Commission NOTICES Meetings; Sunshine Act, 69028 02-28997 69028 02-28998 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions:

Deutsche Bank AG et al.; correction, 69046 02-28935 Presidential Presidential Documents PROCLAMATIONS *Special observances:* World Freedom Day (Proc. 7625), 69115-69118 02-29124 Public Public Health Service See Food and Drug Administration Reclamation Reclamation Bureau NOTICES Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 69027-69028 02-28717 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

New York Stock Exchange, Inc., 69052-69059 02-28897 One Chicago, LLC, 69059-69063 02-28896 SBA Small Business Administration NOTICES Disaster loan areas: Texas, 69063 02-28877 Senior Executive Service: Performance Review Board; membership, 69063-69064 02-28858 State State Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 69064-69065 02-27353 Meetings: Shipping Coordinating Committee, 69065 02-28927 69065 02-28928 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Burlington Northern & Santa Fe Railway Co., 69071 02-28803 Santa Maria Valley Railroad Co., 69071-69072 02-28804 Regulatory Flexibility Act; implementation, 69072-69073 02-28907 Technology Technology Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 68993 02-28914 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Harmonized Tariff Schedule:

Technical corrections, 69065-69071 02-28866 Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See United States Mint RULES Currency and foreign transactions; financial reporting and recordkeeping requirements: USA PATRIOT Act; implementation— Anti-money laundering programs for financial institutions; correction, 68935 02-28898 U.S. Mint United States Mint NOTICES Committees; establishment, renewal, termination, etc.:

Citizens Commemorative Coin Advisory Committee, 69074 02-28867 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 69077-69104 02-28607 Part III Transportation Department, Federal Aviation Administration, 69105-69108 02-28963 Part IV Commerce Department, National Oceanic and Atmospheric Administration, 69109-69113 02-29087 Part V Executive Office of the President, Presidential Documents, 69115-69118 02-29124 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. 67 220 Thursday, November 14, 2002 Rules and Regulations FARM CREDIT ADMINISTRATION 12 CFR Part 622 RIN 3052-AC12 Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation AGENCY: Farm Credit Administration (FCA).

ACTION: Final rule. SUMMARY: This regulation revises cost-of-living adjustments for all civil money penalties

(CMPs)under the Farm Credit Administration's

(FCA)jurisdiction. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (FCPIA Act) requires us to adjust our CMPs at least once every 4 years for inflation. Our last adjustments, effective in October 2000, incorporated a rounding method based on the amount of the penalty increase. We have recently been advised by the General Accounting Office

(GAO)that the adjustment should have been based on the amount of the penalty. Therefore, we have recalculated the penalties and have revised the penalty amounts. EFFECTIVE DATE: The regulation will become effective on November 15, 2002. FOR FURTHER INFORMATION CONTACT: Mark L. Johansen, Policy Analyst, Office of Policy and Analysis, Farm Credit Administration, McLean, VA 22102-5090,

(703)883-4498, TTY

(703)883-4434, or Rebecca S. Orlich, Senior Attorney, Office of General Counsel, Farm Credit Administration, McLean, VA 22102-5090,

(703)883-4020, TTY

(703)883-2020. SUPPLEMENTARY INFORMATION: I. Objective The objective of this regulation is to recalculate the CMP inflation adjustments consistent with the FCPIA Act. II. Cost-of-Living Adjustment The FCPIA Act, 1 as amended by the Debt Collection Improvement Act of 1996 (DCIA), 2 requires each agency to adjust each CMP within its jurisdiction by a prescribed cost-of-living adjustment at least once every 4 years. This cost-of-living adjustment is based on the formula described in section 5(b) of the FCPIA Act. We made our last adjustment in July 2000, effective in October of that year, when we increased the penalties from $1,100 to $1,170 per day for violation of an order that has become final, and from $550 to $580 per day for violation of the Farm Credit Act of 1971, as amended, or FCA regulations. *See* 65 FR 46087 (July 27, 2000) for a full explanation of the types of violations subject to CMPs. 1 28 U.S.C. 2461 note. 2 Pub. L. 104-134, sec. 31001(s), 110 Stat. 1321-373 (April 26, 1996). Earlier this year, the GAO began a government-wide review of agencies' application of the FCPIA Act. The GAO found that several agencies, including the FCA, took actions that did not conform to the strict language of the FCPIA Act and requested that each agency adjust its penalties accordingly. In a letter to the FCA, the GAO stated that they “recognize some advantages to rounding on the basis of the size of the increase rather than the size of the penalty,” but requested FCA “to adjust the agency's civil penalties in a manner consistent with the requirements of the [FCPIA Act].” *See* GAO-02-1084R FCA Penalty Adjustments. The FCPIA Act contains a formula for rounding CMP increases, setting out penalty ranges on amounts from less than or equal to $100, to amounts greater than $200,000, and provides different dollar multiples for rounding the increase in each penalty range. Section 5(a) of the FCPIA Act provides that increases determined under that subsection must be rounded to: • The nearest “multiple of $10 *in the case of penalties* less than or equal to $100”; • The nearest “multiple of $100 *in the case of penalties* greater than $100 but less than or equal to $1,000”; and • The nearest “multiple of $1,000 *in the case of penalties* greater than $1,000 but less than or equal to $10,000.” Emphasis added. In our 2000 regulation, we applied the rounding method to the amount of the *increase* in the penalty, rather than to the amount of the penalty itself. We based our 2000 CMP adjustments on the difference between the Consumer Price Index

(CPI)for June of the preceding year of the adjustment (June 1999) and the CPI for June of the year the CMP was last set (June 1996). 3 For the 2000 adjustment, the CPI value was 156.7 for June 1996 and was 166.2 for June 1999, resulting in an inflation factor of 1.06 ( *i.e.* , a 6-percent increase). The prerounding adjustments were a $66.69 increase for the $1,100 penalty and a $33.34 increase for the $550 penalty. 3 We used the Department of Labor, Bureau of Labor Statistics—All Urban Consumers tables, in which the period 1982-84 was equal to 100, to get the CPI numbers. We note that the 1996 adjustment was based on the June 1995 CPI. In calculating the new adjustments, the FCPIA Act requires us to use the 3-year period from June 1996 to June 1999. Using the FCPIA Act's correct rounding formula, the $66.69 increase should have been rounded to the nearest $1,000, which is zero, because the penalty in question is in the $1,000-9,999 category. That rounding results in no adjustment to the $1,100 penalty. The $33.34 increase should have been rounded to the nearest $100, which is also zero, because the penalty in question is in the $100-999 category. That rounding results in no adjustment to the $550 penalty. We now amend § 622.61 to provide for CMPs of $1,100 and $550. We note that the agency has not imposed any CMPs in the last 2 years; consequently, no person has been required to pay the higher penalty amounts we adopted in 2000. III. Notice and Comment Not Required by Administrative Procedure Act The FCPIA Act gives Federal agencies no discretion in the adjustment of CMPs for the rate of inflation. Moreover, this regulation is ministerial, technical, and noncontroversial. For these reasons, the FCA finds good cause to determine that public notice and an opportunity to comment are impracticable, unnecessary, and contrary to the public interest pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(B), and adopts this rule in final form. In addition, because this rule will relieve a burden by reducing the CMPs to the correct amounts, the FCA has determined that it should become effective immediately. IV. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), the FCA hereby certifies that the final rule will not have a significant economic impact on a substantial number of small entities. Each of the banks in the Farm Credit System, considered together with its affiliated associations, has assets and annual income in excess of the amounts that would qualify them as small entities. Therefore, Farm Credit System institutions are not “small entities” as defined in the Regulatory Flexibility Act. List of Subjects in 12 CFR Part 622 Administrative practice and procedures, Crime, Investigations, Penalties. For the reasons stated in the preamble, part 622 of chapter VI, title 12 of the Code of Federal Regulations is amended to read as follows: PART 622—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 622 continues to read as follows: Authority: Secs. 5.9, 5.10, 5.17, 5.25-5.37 of the Farm Credit Act (12 U.S.C. 2243, 2244, 2252, 2261-2273); 28 U.S.C. 2461 note. Subpart B—Rules and Procedures for Assessment and Collection of Civil Money Penalties 2. Revise § 622.61 to read as follows: § 622.61 Adjustment of civil money penalties by the rate of inflation under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. The maximum amount of each civil money penalty within FCA's jurisdiction is adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (28 U.S.C. 2461 note), as follows:

(a)Amount of civil money penalty imposed under section 5.32 of the Act for violation of a final order issued under section 5.25 or 5.26 of the Act: the maximum daily amount is $1,100.

(b)Amount of civil money penalty for violation of the Act or regulations: If the violation occurred— The maximum daily amount is— Before October 23, 1996 $500 On or after October 23, 1996 $550 Dated: November 7, 2002. Jeanette C. Brinkley, Acting Secretary, Farm Credit Administration Board. [FR Doc. 02-28881 Filed 11-13-02; 8:45 am]

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