Unknown. Policy statement

2,272 words·~10 min read·/register/2002/11/25/02-29480

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-2002-11-25.xml --- 67 227 Monday, November 25, 2002 Contents Agriculture Agriculture Department See Farm Service Agency See Food and Nutrition Service See Forest Service See Rural Business-Cooperative Service NOTICES Environmental statements; availability, etc.: Northwest Forest Plan, CA, OR, and WA, 70575-70576 02-29951 Meetings: Forest and agriculture greenhouse gas offsets; accounting rules and guidelines, 70576-70577 02-29881 Air Force Air Force Department NOTICES Agency information collection activities:

Proposed collection; comment request, 70584 02-29836 Global Positioning Systems: Navstar GPS Space Segment/Navigation User Interfaces; L2C signal description; comment request, 70584 02-29834 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Manitowoc Co., Inc., et al., 70620-70623 02-29779 Army Army Department See Engineers Corps NOTICES Senior Executive Service: Performance Review Board; membership, 70584-70585 02-29882 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 70601-70602 02-29803 Grants and cooperative agreements; availability, etc.: Systems-Based Diabetes Prevention and Control Programs, 70602-70611 02-29837 Coast Guard Coast Guard RULES Drawbridge operations: Alabama, 70550-70551 02-29909 Louisiana, 70551-70552 02-29906 02-29907 North Carolina, 70552-70554 02-29905 Texas, 70551 02-29908 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department See Air Force Department See Army Department See Engineers Corps Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Nuclear Explosion Monitoring Research and Engineering Program, 70586 02-29864 Meetings: Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 70586-70587 02-29863 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Volusia County et al., FL; Indian River Lagoon-North feasibility study, 70585-70586 02-29883 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

California; withdrawn, 70555-70556 02-29884 Montana; correction, 70554-70555 02-29775 PROPOSED RULES Air programs: Commercial and industrial solid waste incinerators constructed on or before November 30, 1999; Federal plan requirements, 70639-70672 02-28923 NOTICES Air pollution control: State operating permits programs— Louisiana, 70594 02-29887 Grants and cooperative agreements; availability, etc.: Superfund; State and Tribal Response Programs, 70594-70598 02-29886 Meetings:

Gulf of Mexico Program Policy Review Board, 70598-70599 02-29885 Export Export-Import Bank NOTICES Meetings: Advisory Committee, 70599 02-29878 Farm Farm Service Agency NOTICES Agency information collection activities: Proposed collection; comment request, 70577 02-29820 FAA Federal Aviation Administration RULES Airworthiness directives: MT-Propeller Entwicklung GmbH, 70532-70533 02-29354 Textron Lycoming; correction, 70638 C2-29003 Class D airspace, 70533-70534 02-29902 Class E airspace, 70534-70535 02-29899 02-29900 Class E airspace; correction, 70638 C2-28831 PROPOSED RULES Class D airspace, 70564-70565 02-29904 Class E airspace, 70566 02-29903 NOTICES Passenger facility charges; applications, etc.:

Minneapolis-St. Paul International Airport, MN, 70634-70635 02-29901 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Florida, 70556 02-29853 Federal Election Federal Election Commission NOTICES Special elections; filing dates: Hawaii, 70599-70600 02-29880 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Alaska, 70600 02-29868 Texas, 70600-70601 02-29869 Meetings: Emergency Medical Services Federal Interagency Committee, 70601 02-29870 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent:

AES Ocean Express, L.L.C., 70589-70592 02-29854 Energy West Development, Inc., 70592-70594 02-29855 Hydroelectric applications; correction, 70638 C2-29142 *Applications, hearings, determinations, etc.:* CenterPoint Energy Gas Transmission Co., 70587 02-29859 El Paso Electric Co. et al, 70587 02-29830 Kern River Gas Transmission Co., 70587 02-29861 National Fuel Gas Supply Corp., 70587-70588 02-29858 PG&E Gas Transmission, Northwest Corp., 70588 02-29857 Questar Pipeline Co., 70588 02-29856 Tennessee Gas Pipeline Co., 70588-70589 02-29860 Zond Windsystems Holding Co. et al, 70589 02-29829 Federal Mediation Federal Mediation and Conciliation Service PROPOSED RULES Arbitration services:

Fee schedule, 70569-70570 02-29481 Food Food and Drug Administration NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 70611 02-29807 Meetings: Endocrinologic and Metabolic Drugs Advisory Committee, 70611-70612 02-29808 Food Food and Nutrition Service PROPOSED RULES Food Stamp Program: Food retailers and wholesalers; administrative review requirements, 70561-70564 02-29889 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Mineral County, 70578 02-29835 Tehama County, 70578 02-29839 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 70614-70615 02-29801 Mortgage and loan insurance programs: HUD-held unsubsidized multifamily and healthcare mortgage loan sale, 70615-70616 02-29800 Indian Indian Health Service NOTICES Grants and cooperative agreements; availability, etc.: American Indians/Alaska Natives; Indian Women's Health Demonstration Program, 70612 02-29865 Industry Industry and Security Bureau RULES Export administration regulations: Yugoslavia; exports and reexports;

UN arms embargo-based controls lifted; and Rwanda; UN arms embargo-based controls clarified, 70545-70550 02-29222 Interior Interior Department See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 70635 02-29918 Meetings: Electronic Tax Administration Advisory Committee, 70635-70636 02-29919 Taxpayer Advocacy Panels, 70636-70637 02-29920 02-29921 02-29922 International International Trade Administration NOTICES Antidumping:

Collated roofing nails from— China and Taiwan, 70578-70579 02-29915 Malleable iron pipe fittings from— China, 70579-70581 02-29914 North American Free Trade Agreement (NAFTA); binational panel reviews: Circular welded non-alloy steel pipe from— Mexico, 70581-70582 02-29811 Justice Justice Department See Antitrust Division Labor Labor Department See Pension and Welfare Benefits Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Ivanpah Energy Center, NV, 70617-70618 02-29866 Opening of public lands:

Idaho, 70618 02-29823 Realty actions; sales, leases, etc.: Nevada, 70618-70620 02-29824 02-29825 02-29826 Withdrawal and reservation of lands: California, 70620 02-29822 National Crime National Crime Prevention and Privacy Compact Council PROPOSED RULES Dispute adjudication procedures, 70567-70569 02-29709 NIH National Institutes of Health NOTICES Meetings: Advisory Committee to Director, 70612 02-29840 National Cancer Institute, 70612 02-29842 National Institute of Allergy and Infectious Diseases, 70612-70614 02-29841 02-29845 02-29846 02-29847 National Institute of Environmental Health Sciences, 70613 02-29843 02-29844 National Labor National Labor Relations Board NOTICES Organization, functions, and authority delegations:

General Counsel, 70628 02-29917 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 70557-70558 02-29891 Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 70556 02-29893 Summer flounder, 70556-70557 02-29892 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies and monkfish, 70570-70573 02-29895 West Coast States and Western Pacific fisheries— Coastal pelagic species, 70573-70574 02-29894 NOTICES Fishery conservation and management:

Northeastern United States fisheries— Atlantic surf clam and ocean quahog, 70582 02-29896 Grants and cooperative agreements; availability, etc.: Numerical and climate prediction models; satellite data assimilation; correction, 70582-70583 02-29838 Permits: Endangered and threatened species, 70583-70584 02-29890 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 70628 02-29875 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list Correction, 70638 C2-29485 NOTICES Petitions; Director's decisions: Union of Concerned Scientists, 70628-70629 02-29873 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; class exemptions: Voluntary Fiduciary Correction Program, 70623-70628 02-29799 Personnel Personnel Management Office PROPOSED RULES Organization, functions, and authority delegations: Federal Executive Boards, 70559-70561 02-29848 NOTICES Excepted service:

Schedules A, B, and C; positions placed or revoked— Update, 70629-70631 02-29849 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Indian Health Service See National Institutes of Health See Substance Abuse and Mental Health Services Administration Rural Rural Business-Cooperative Service RULES Direct final rulemaking; policy statement, 70529 02-29480 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 70631 02-30033 Self-regulatory organizations; proposed rule changes:

Philadelphia Stock Exchange, Inc., 70631-70633 02-29871 02-29872 SBA Small Business Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 70633 02-29851 02-29852 Disaster loan areas: Ohio, 70633-70634 02-29913 Texas, 70634 02-29911 West Virginia, 70634 02-29912 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: SAMHSA Special Emphasis Panels; correction, 70614 02-29809 Thrift Thrift Supervision Office RULES Regulatory reporting standards:

Independent public accountants performing audit services for voluntary audit filers; qualifications, 70529-70531 02-29833 NOTICES *Applications, hearings, determinations, etc.:* Wayne Savings Bankshares, MHC, 70637 02-29802 Transportation Transportation Department See Coast Guard See Federal Aviation Administration RULES Airline service quality performance reports: Causes of airline delays and cancellations; reporting requirements modifications, 70535-70545 02-29910 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Environmental Protection Agency, 70639-70672 02-28923 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. 67 227 Monday, November 25, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service 7 CFR Chapters XVIII and XLII Policy Statement for Direct Final Rulemaking AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Policy statement. SUMMARY: The Rural Business-Cooperative Service

(RBS)is implementing a new rulemaking procedure to expedite making noncontroversial changes to its regulations. Rules that RBS judges to be noncontroversial and unlikely to result in adverse comments will be published as “direct final” rules. “Adverse comments” are those comments that suggest a rule should not be adopted or suggest that a change should be made to the rule. Each direct final rule will advise the public that no adverse comments are anticipated, and that, unless written adverse comments or written notice of intent to submit adverse comments is received within 30 days from the date the direct final rule is published in the **Federal Register** , the rule will be effective 45 days from the date the direct final rule is published in the **Federal Register** . At the same time, RBS may publish a document in the proposed rules section of the same issue of the **Federal Register** proposing approval of and soliciting comments on the same action contained in the direct final rule. If adverse comments or notice of intent to file adverse comments are received by RBS, the direct final rule will be withdrawn prior to the effective date. RBS will address the comments received in response to the direct final rule in a subsequent final rule. This new policy should expedite promulgation of non-controversial rules by reducing the time that would be required to develop, review, clear, and publish separate proposed and final rules. FOR FURTHER INFORMATION CONTACT: Pandor H. Hadjy, Assistant Deputy Administrator, Business Programs, RBS, U.S. Department of Agriculture, Room 5050-S, 1400 Independence Avenue, SW., STOP 3220, Washington, DC 20250-3220; Telephone: 202-720-9693; Facsimile: 202-690-0097; E-mail: *pandor.hadjy@usda.gov.* SUPPLEMENTARY INFORMATION: RBS is committed to improving the efficiency of its regulatory process. In pursuit of this goal, we plan to employ the rulemaking procedure known as “direct final rulemaking” to promulgate some RBS rules. The Direct Final Rule Process Rules that RBS judges to be noncontroversial and unlikely to result in adverse comments will be published in the **Federal Register** as direct final rules. At the same time, RBS may publish a document in the proposed rules section of the same issue of the **Federal Register** proposing approval of and soliciting comments on the same action contained in the direct final rule. Each direct final rule will advise the public that no adverse comments are anticipated, and that, unless adverse comments are received within 30 days, the direct final rule will be effective 45 days from the date the direct final rule is published in the **Federal Register** . “Adverse comments” are comments that suggest that the rule should not be adopted or that suggest that a change should be made to the rule. A comment expressing support for the rule as published will not be considered adverse. Further, a comment suggesting that requirements in the rule should or should not be employed by RBS in other programs or situations outside the scope of the direct final rule will not be considered adverse. If RBS receives written adverse comments or written notice of intent to submit adverse comments within 30 days of the publication of a direct final rule, a document withdrawing the direct final rule prior to its effective date will be published in the **Federal Register** stating that adverse comments were received. If RBS concurrently published a notice of proposed rulemaking RBS will address the comments received in response to the direct final rule in a subsequent final rule on the related proposed rule. In such cases, RBS will not institute a second comment period on the action. In accordance with rulemaking provisions of the Administrative Procedure Act (5 U.S.C. 533), the direct final rulemaking procedure gives the public general notice of RBS' intent to adopt a new rule and gives interested persons an opportunity to participate in the rulemaking process through submission of and consideration by RBS of comments. The major feature of the direct final rulemaking process is that if RBS receives no written adverse comments and no written notice of intent to submit adverse comments within the comment period specified, RBS will publish a document in the **Federal Register** stating that no adverse comments were received regarding the direct final rule and confirming that the direct final rule is effective on the date in the direct final rule. Determining When To Use Direct Final Rulemaking Not all RBS rules are good candidates for the direct final rulemaking. RBS intends to use the direct final rulemaking procedure only for rules that we consider non-controversial and unlikely to generate adverse comments. The decision whether to use the direct final rulemaking process for a particular action will be based on RBS' experience with similar actions. Dated: October 31, 2002. John Rosso, Administrator, Rural Business-Cooperative Service. [FR Doc. 02-29480 Filed 11-22-02; 8:45 am]

Connections1 off-index

1 reference not yet in our index

5 USC 533

Citation graph

cites case law

Unknown

Policy statement

Cite5 USC 533

Cites 1Cited by 0 across 0 sources