Unknown. Final rule

2,434 words·~11 min read·/register/2002/11/18/02-29193

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-11-18.xml --- 67 222 Monday, November 18, 2002 Contents Agriculture Agriculture Department See Forest Service Centers Centers for Disease Control and Prevention NOTICES Meetings: National Center for Infectious Diseases— Scientific Counselors Board, 69532 02-29154 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department NOTICES Agency information collection activities:

Proposed collection; comment request, 69532 02-29129 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 69504-69505 02-29202 Commodity Commodity Futures Trading Commission PROPOSED RULES Commodity pool operators and commodity trading advisors: Requirement to register for CPOs of certain pools and CTAs advising such pools; exemption Correction, 69598 C2-28820 NOTICES Meetings;

Sunshine Act, 02-29318 69510-69511 02-29319 02-29320 02-29321 02-29322 Defense Defense Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 69511 02-29100 Meetings: Defense Policy Board Advisory Committee, 69511 02-29099 Reports and guidance documents; availability, etc.: Military Justice Joint Service Committee; role and responsibilities concerning Courts-Martial Manual review, 69512 02-29127 Education Education Department RULES Civil monetary penalties; inflation adjustment, 69653-69655 02-29219 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Floodplain and wetland environmental review requirements; compliance, 69480-69491 02-29071 NOTICES Environmental statements; availability, etc.:

Waste Isolation Pilot Plant, NM; plutonium-bearing materials management approach, 69512-69513 02-29161 Energy Energy Information Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 69514 02-29162 EPA Environmental Protection Agency NOTICES Grants, State and local assistance: Grantee performance evaluation reports— Various States, 69526-69527 02-29173 Meetings: National Environmental Justice Advisory Council, 69527-69528 02-29174 Superfund; response and remedial actions, proposed settlements, etc.:

Interstate Lead Co. Site, AL, 69528 02-29175 Prestige Chemical Co. Site, GA, 69528 02-29176 Equal Equal Employment Opportunity Commission NOTICES Senior Executive Service: Performance Review Board; membership, 69529 02-29163 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Meetings: Renewable Energy Exports Advisory Committee, 69529 02-29102 Sub-Saharan Africa Advisory Committee, 69529 02-29103 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:

Boeing, 69493-69494 02-29117 McDonnell Douglas, 69494-69496 02-29118 Saab, 69491-69493 02-29116 Class E2, E4, and E5 airspace; correction, 69598 C2-28832 NOTICES Passenger facility charges; applications, etc.: Joplin Regional Airport, MO; correction, 69598 C2-27729 FCC Federal Communications Commission NOTICES Common carrier services: Wireless telecommunications services— ITFS, MDS, and MMDS pending legal matters; verification, 69529-69531 02-28891 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities:

Proposed collection; comment request, 69514-69515 02-29160 Electric rate and corporate regulation filings: Central Hudson Gas & Electric Corp. et al., 69520-69523 02-29136 Environmental statements; availability, etc.: Grande Pointe Power Corp., 69523 02-29139 Environmental statements; notice of intent: PacifiCorp, 69523 02-29137 Hydroelectric applications, 69523-69526 02-29142 02-29145 02-29146 Preliminary permits surrender: Big Rock Power Partners, 69526 02-29141 Shanks, Gene Arlin, 69526 02-29140 *Applications, hearings, determinations, etc.:* Alcoa Power Generating Inc., 69515-69516 02-29138 ANR Pipeline Co., 69516 02-29149 California Independent System Operator Corp., 69516 02-29135 Cove Point LNG L.P., 69516-69517 02-29152 Duke Energy Corp., 69517 02-29144 Gulf South Pipeline Co., LP, 69517 02-29151 Regent Resources Ltd., 69517-69518 02-29134 Reliant Energy Mid-Atlantic Power Holdings, LLC, 69518 02-29147 Texas Eastern Transmission, LP, 69519 02-29150 Transcontinental Gas Pipe Line Corp., 69519 02-29143 Trinity Conservancy Inc., 69519-69520 02-29148 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Alabama; various counties, 69593 02-29126 Federal Reserve Federal Reserve System RULES Extensions of credit by Federal Reserve banks (Regulation A): Discount rate change, 69467 02-29193 NOTICES Banks and bank holding companies: Change in bank control, 69531 02-29114 Formations, acquisitions, and mergers, 69531 02-29113 Food Food and Drug Administration NOTICES Human drugs: Patent extension; regulatory review period determinations— EVOXAC, 69533-69534 02-29188 GLEEVEC, 69533 02-29187 Meetings:

Peripheral and Central Nervous System Drugs Advisory Committee, 69534-69535 02-29294 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Del Norte County, 69504 02-29115 GSA General Services Administration RULES Federal travel: Per diem localities; maximum lodging and meal allowances, 69633-69639 02-28917 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Inspector General Office, Health and Human Services Department Housing Housing and Urban Development Department NOTICES Agency information collection activities:

Proposed collection; comment request, 69537-69553 02-29110 Submission for OMB review; comment request, 69553 02-29108 Organization, functions, and authority delegations: Government National Mortgage Association, President; revocation, 69553-69554 02-29106 02-29107 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 69641-69651 02-29195 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 69558-69559 02-29189 02-29190 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Oerlikon Schweisstechnik AG, 69505-69506 02-29192 Meetings: Regulations and Procedures Technical Advisory Committee, 69506 02-29159 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 69535-69537 02-29130 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Income taxes:

Taxable stock transactions; information reporting requirement, 69468-69473 02-29199 PROPOSED RULES Income taxes: Taxable stock transactions; information reporting requirement; cross-reference, 69496-69498 02-29200 NOTICES Agency information collection activities: Proposed collection; comment request, 69594-69597 02-29205 02-29206 02-29207 02-29208 International International Trade Commission NOTICES Import investigations: Crawfish tail meat from— China, 69557 02-29221 Pedestal actuators from— China, 69557-69558 02-29220 Justice Justice Department See Immigration and Naturalization Service See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities:

Proposed collection; comment request, 69559-69560 02-29203 Labor Labor Department See Labor Statistics Bureau See Pension and Welfare Benefits Administration MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Meetings: Labor Research Advisory Council, 69560 02-29104 Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Mojave Southern Great Basin, 69554 02-28899 Survey plat filings: Oregon and Washington, 69554-69555 02-29125 Legal Legal Services Corporation PROPOSED RULES Freedom of Information Act; implementation, 69498-69502 02-29123 Minerals Minerals Management Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 69555-69557 02-29157 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 69573 02-29323 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act; implementation— Tire safety information, 69599-69632 02-28682 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 69479 02-29183 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic bluefin tuna, 69502-69503 02-29215 Caribbean, Gulf, and South Atlantic fisheries— Snapper grouper and spiny lobster, 69502 02-29184 NOTICES Agency information collection activities: Proposed collection; comment request, 69506-69507 02-29182 Meetings: Atlantic Highly Migratory Species and Atlantic Billfish Advisory Panels, 69507 02-29185 Mid-Atlantic Fishery Management Council, 69507-69508 02-29186 New England Fishery Management Council, 69508 02-29217 North Pacific Fishery Management Council, 69508-69509 02-29216 South Atlantic Fishery Management Council, 69509-69510 02-29218 National Park National Park Service RULES Special regulations:

Yellowstone and Grand Teton National Parks and John D. Rockefeller, Jr., Memorial Parkway; snowmobile and snowplane use; limitations and prohibitions, 69473-69478 02-29028 National Science National Science Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 69573-69575 02-29105 02-29214 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 69576 02-29211 02-29212 Petitions; Director's decisions:

Carolina Power & Light Co., 69576-69577 02-29210 *Applications, hearings, determinations, etc.:* High Mountain Inspection Service, Inc., 69575 02-29213 Portland General Electric Co., 69575 02-29209 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions: Northern Trust Co. et al., 69560-69570 02-29197 Twin City Iron Workers et al., 69570-69573 02-29196 Postal Postal Service RULES Postage meters: Manufacture and distribution; authorization, 69478-69479 02-29097 Presidential Presidential Documents PROCLAMATIONS Trade:

Textile and apparel articles; modification of tariffs for Caribbean Basin and sub-Saharan African countries (Proc. 7626), 69459-69464 02-29372 ADMINISTRATIVE ORDERS Trade: Trade negotiations status; notification to Congress (memorandum of November 13, 2002), 69465 02-29373 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 69577-69578 02-29310 Securities:

Suspension of trading— 800America.com, Inc., 69578 02-29239 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 69578-69580 02-29169 Pacific Exchange, Inc., 69580-69592 02-29170 SBA Small Business Administration NOTICES Disaster loan areas: Texas, 69592 02-29167 Small Business Investment Companies: Maximum leverage ceiling increase, 69592-69593 02-29166 *Applications, hearings, determinations, etc.:* Zero Stage Capital SBIC VII, L.P., 69592 02-29164 02-29165 Thrift Thrift Supervision Office NOTICES *Applications, hearings, determinations, etc.:* Sound Federal Bancorp, Inc., 69597 02-29191 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Reporting and recordkeeping requirements, 69593-69594 02-29121 U.S.

Institute of Peace United States Institute of Peace NOTICES Grants and cooperative agreements; availability, etc.: Solicited grants— Spring competition program, 69597 02-29111 Unsolicited grants— Spring competition program, 69597 02-29112 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 69599-69632 02-28682 Part III General Services Administration, 69633-69639 02-28917 Part IV Housing and Urban Development Department, 69641-69651 02-29195 Part V Education Department, 69653-69655 02-29219 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. 67 222 Monday, November 18, 2002 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 201 [Regulation A] Extensions of Credit by Federal Reserve Banks; Change in Discount Rate AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Final rule. SUMMARY: The Board of Governors has amended its Regulation A on Extensions of Credit by Federal Reserve Banks to reflect its approval of a decrease in the basic discount rate at each Federal Reserve Bank. The Board acted on requests submitted by the Boards of Directors of the twelve Federal Reserve Banks. DATES: The amendments to part 201 (Regulation A) were effective November 6, 2002. The rate changes for adjustment credit were effective on the dates specified in 12 CFR 201.51.

FOR FURTHER INFORMATION CONTACT: Jennifer J. Johnson, Secretary of the Board, at

(202)452-3259, Board of Governors of the Federal Reserve System, 20th and C Streets NW., Washington, DC 20551; for users of Telecommunications Device for the Deaf

(TDD)only, contact

(202)263-4869. SUPPLEMENTARY INFORMATION: Pursuant to the authority of sections 10(b), 13, 14, 19, *et al.* , of the Federal Reserve Act, the Board has amended its Regulation A (12 CFR part 201) to incorporate changes in discount rates on Federal Reserve Bank extensions of credit. The discount rates are the interest rates charged to depository institutions when they borrow from their district Reserve Banks. The “basic discount rate” is a fixed rate charged by Reserve Banks for adjustment credit and, at the Reserve Banks' discretion, for extended credit for up to 30 days. In decreasing the basic discount rate from 1.25 percent to .75 percent, the Board acted on requests submitted by the Boards of Directors of the twelve Federal Reserve Banks. The new rates were effective on the dates specified below. The 50-basis-point decrease in the discount rate was associated with a similar decrease in the federal funds rate approved by the Federal Open Market Committee

(FOMC)and announced at the same time. In a joint press release announcing these actions, the FOMC and the Board stated that the FOMC continues to believe that an accommodative stance of monetary policy, coupled with still-robust underlying growth in productivity, is providing important ongoing support to economic activity. However, incoming economic data have tended to confirm that greater uncertainty, in part attributable to heightened geopolitical risks, is currently inhibiting spending, production, and employment. Inflation and inflation expectations remain well contained. In these circumstances, the FOMC believes that this additional monetary easing should prove helpful as the economy works its way through this current soft spot. With its recent action, the FOMC believes that, against the background of its long-run goals of price stability and sustainable economic growth and of the information currently available, the risks are balanced with respect to the prospects for both goals in the foreseeable future. Regulatory Flexibility Act Certification Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Board certifies that the change in the basic discount rate will not have a significant adverse economic impact on a substantial number of small entities. The rule does not impose any additional requirements on entities affected by the regulation. Administrative Procedure Act The provisions of 5 U.S.C. 553(b) relating to notice and public participation were not followed in connection with the adoption of the amendment because the Board for good cause finds that delaying the change in the basic discount rate in order to allow notice and public comment on the change is impracticable, unnecessary, and contrary to the public interest in fostering price stability and sustainable economic growth. The provisions of 5 U.S.C. 553(d) that prescribe 30 days prior notice of the effective date of a rule have not been followed because section 553(d) provides that such prior notice is not necessary whenever there is good cause for finding that such notice is contrary to the public interest. As previously stated, the Board determined that delaying the changes in the basic discount rate is contrary to the public interest. List of Subjects in 12 CFR Part 201 Banks, Banking, Credit, Federal reserve system. For the reasons set out in the preamble, 12 CFR part 201 is amended as set forth below: PART 201—EXTENSIONS OF CREDIT BY FEDERAL RESERVE BANKS (REGULATION A) 1. The authority citation for 12 CFR part 201 continues to read as follows: Authority: 12 U.S.C. 343 *et seq.* , 347a, 347b, 347c, 347d, 348 *et seq.* , 357, 374, 374a and 461. 2. Section 201.51 is revised to read as follows: § 201.51 Adjustment credit for depository institutions. The rates for adjustment credit provided to depository institutions under § 201.3(a) are: Federal Reserve Bank Rate Effective Boston .75 Nov. 7, 2002. New York .75 Nov. 6, 2002. Philadelphia .75 Nov. 7, 2002. Cleveland .75 Nov. 7, 2002. Richmond .75 Nov. 7, 2002. Atlanta .75 Nov. 7, 2002. Chicago .75 Nov. 7, 2002. St. Louis .75 Nov. 7, 2002. Minneapolis .75 Nov. 7, 2002. Kansas City .75 Nov. 7, 2002. Dallas .75 Nov. 6, 2002. San Francisco .75 Nov. 6, 2002. Dated: November 12, 2002. By order of the Board of Governors of the Federal Reserve System. Jennifer J. Johnson, Secretary of the Board. [FR Doc. 02-29193 Filed 11-15-02; 8:45 am]

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