Unknown. Final rule

2,901 words·~13 min read·/register/2002/11/26/02-29985

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-11-26.xml --- 67 228 Tuesday, November 26, 2002 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Grant and cooperative agreement awards: Various agencies for aging, 70740 02-29957 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Natural Resources Conservation Service RULES Administrative practice and procedure:

Animal Health Protection Act; subpoenas, 70673-70674 02-29985 Animal Animal and Plant Health Inspection Service RULES Interstate transportation of animals and animal products (quarantine): Exotic Newcastle disease; quarantine area designations— California, 70674-70675 02-29987 NOTICES Meetings: Veterinary biological products, 70714 02-29986 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Physical Activity for Persons with Disabilities, National Information Center, 70740-70744 02-29953 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Native American Environmental Regulatory Enhancement projects, 70744-70751 02-29932 Coast Guard Coast Guard RULES Ports and waterways safety: Chesapeake Bay, MD; safety zone, 70696 02-29972 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Customs Customs Service PROPOSED RULES Electronic cargo information; mandatory advanced collection; regulatory development; meetings, 70706 02-29931 Education Education Department NOTICES Agency information collection activities:

Submission for OMB review; comment request; correction, 70720 02-29940 Grants and cooperative agreements; availability, etc.: Postsecondary Education Improvement Fund, 70720-70721 02-29977 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 RULES Energy conservation: Commercial and industrial equipment; energy efficiency program— Electric motor manufacturers; energy efficiency standards; compliance certification, 70675-70678 02-29969 Energy Energy Information Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 70721-70722 02-29968 EPA Environmental Protection Agency NOTICES Meetings: National Drinking Water Advisory Council, 70729 02-29975 Science Advisory Board Reorganization and structural changes, 70729-70730 02-29976 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Aircraft: Fuel tank system fault tolerance evaluations; equivalent safety provisions Correction, 70809 C2-22622 Airworthiness directives:

Boeing, 70680-70682 02-29675 McDonnell Douglas, 70678-70680, 70682-70686 02-29674 02-29804 02-29805 Pratt & Whitney, 70686-70691 02-29670 02-29671 Airworthiness standards: Transport category airplanes— Reference stall speed; redefinition, 70811-70828 02-29667 NOTICES Meetings: RTCA, Inc., 70801-70802 02-30053 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— High-cost universal service support mechanisms; service and competition preservation, 70703-70704 02-29966 Telecommunications Act of 1996; implementation— Universal service support; mechanisms policy; correction, 70702 02-29967 Radio services, special:

Private land mobile services— Stolen vehicle recovery system operations; authorized duty cycle specifications; revision, 70704-70705 02-29923 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 70696-70702 02-29962 02-29963 02-29964 PROPOSED RULES Flood elevation determinations: Ohio, 70712-70713 02-29961 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Energy Department et al., 70725-70726 02-29933 FPL Energy New Mexico Wind, LLC, et al., 70726-70727 02-29934 National Register of Historic Places:

Programmatic agreement for managing properties; restricted service list— Alabama Power Co., 70727-70729 02-29999 02-30000 *Applications, hearings, determinations, etc.:* Colorado Interstate Gas Co., 70722 02-30008 Enbridge Pipelines

(UTOS)L.L.C.; correction, 70722 02-30004 Holyoke Gas & Electric Department, 70722-70723 02-29998 Iroquois Gas Transmission System, L.P., 70723 02-30001 Natural Gas Pipeline Co. of America, 02-30005 70723-70724 02-30006 Sabine Pipe Line LLC, 70724 02-30002 Southern Natural Gas Co., 70724 02-30007 Transcontinental Gas Pipe Line Corp., 70724-70725 02-30003 Westar Energy, Inc., 70725 02-29997 Wyoming Interstate Co., Ltd., 70725 02-30009 Federal Housing Federal Housing Finance Board NOTICES Meetings: Federal Home Loan Bank Stock registration under Securities Exchange Act of 1934; hearing, 70731 02-30078 FMC Federal Maritime Commission NOTICES Investigations, hearings, petitions, etc.: Association of Bi-State Motor Carriers, Inc., 70731-70732 02-29981 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Adair, Merle, et al.; vision requirement exemptions denied, 70802-70805 02-29973 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad accidents/incidents; reporting requirements: Conformance to OSHA's revised reporting requirements Correction, 70809 C2-24393 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 70732 02-30030 Formations, acquisitions, and mergers, 02-29950 70732 02-30029 Permissible nonbanking activities, 02-29949 70733 02-30031 FTC Federal Trade Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 70733-70740 02-29980 Food Food and Drug Administration RULES Human drugs: Total parenteral nutrition; aluminum in large and small volume parenterals; labeling requirements; effective date delay, 70691-70692 02-29924 PROPOSED RULES Animal drugs, feeds, and related products: Ruminant feed; animal proteins prohibition Correction, 70707 02-29926 NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 70751-70752 02-29927 Meetings: Blood Products Advisory Committee, 70752 02-29928 Reports and guidance documents; availability, etc.: Anti-Salmonella chemical food additives in feeds; utility evaluation studies, 70752-70753 02-29925 Food Food and Nutrition Service NOTICES Agency information collection activities: Proposed collection; comment request, 70714-70715 02-30046 02-30047 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 70755 02-29965 Submission for OMB review; comment request, 70755-70756 02-29937 Organization, functions, and authority delegations: Deputy Assistant Secretary for Finance and Budget, 70756-70757 02-29938 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 70757 02-30115 IRS Internal Revenue Service PROPOSED RULES Income taxes: Dual consolidated loss recapture events Hearing cancellation, 70707 02-29994 International International Trade Administration NOTICES Antidumping: Small diameter circular seamless carbon alloy steel standard, line, and pressure pipe from— Brazil, 70716-70717 02-29991 Stainless steel plate in coils from— Korea, 70717-70718 02-29992 International International Trade Commission NOTICES Import investigations: Ferrovanadium from— China and South Africa, 70757 02-29956 U.S.-Southern African Customs Union Free Trade Agreement; advice concerning probable economic effect, 70757-70758 02-29989 Meetings; Sunshine Act, 70758 02-30087 Justice Justice Department See Justice Programs Office See Parole Commission Justice Justice Programs Office NOTICES Agency information collection activities: Proposed collection; comment request, 70758-70759 02-29955 Submission for OMB review; comment request, 70759-70760 02-29954 Labor Labor Department See Occupational Safety and Health Administration National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Vehicle rollover resistance; dynamic rollover and handling data acquisition; workshop, 70805-70806 02-30054 National Institute National Institute of Standards and Technology NOTICES Committees; establishment, renewal, termination, etc.: Manufacturing Extension Partnership National Advisory Board, 70718 02-29936 Inventions, Government-owned; availability for licensing, 70718-70719 02-29935 National Labor National Labor Relations Board RULES Documents filed by utilizing forms on web site; revision, 70694-70695 02-29740 Late filings of certain documents in representation cases; procedural rules; revision, 70695-70696 02-29741 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: West Coast salmonids; four evolutionarily significant units; take Correction, 70809 C2-440 NOTICES Meetings: Caribbean Fishery Management Council, 70719 02-29971 Gulf of Mexico Fishery Management Council, 70719-70720 02-29970 National Science National Science Foundation NOTICES Committees; establishment, renewal, termination, etc.: Business and Operations Advisory Committee, 70760 02-29974 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent: Middle Fork of Popo Agie Watershed, WY, 70715-70716 02-30049 Nuclear Nuclear Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.: Nuclear Waste Advisory Committee, 70761 02-29982 Meetings; Sunshine Act, 70761-70762 02-30099 Operating licenses, amendments; no significant hazards consideration; biweekly notices, 70762-70775 02-29737 *Applications, hearings, determinations, etc.:* Florida Power & Light Co. et al., 70760-70761 02-29983 Occupational Occupational Safety and Health Administration PROPOSED RULES Occupational safety and health standards: Beryllium; occupational exposure; information request, 70707-70712 02-29984 Parole Parole Commission RULES Federal prisoners; paroling and releasing, etc.: United States and District of Columbia Codes; prisoners serving sentences, 70692-70694 02-29952 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities: Submission for OMB review; comment request, 70775-70776 02-29959 Personnel Personnel Management Office NOTICES Personnel management demonstration projects: Agriculture Department Alternative Personnel System, 70776 02-29929 Postal Postal Service PROPOSED RULES Postage meters: Manufacture and distribution; authorization, 70712 02-29939 NOTICES Meetings; Sunshine Act, 70776-70777 02-30168 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Farm-City Week (Proc. 7629), 70833-70834 02-30203 Thanksgiving Day (Proc. 7628), 70829-70832 02-30202 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration NOTICES Pipeline safety: Advisory bulletins— Older plastic pipe; premature brittle-like cracking, 70806-70808 02-30055 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— AB Funds Trust et al., 70783-70785 02-29948 Alternative Investment Partners, LLC, et al., 70782-70783 02-29944 Shares substitution applications— Kemper Investors Life Insurance Co. et al., 70785-70788 02-29978 Securities: Suspension of trading— Concentrax, Inc., 70788 02-30097 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 70788-70793 02-29947 Cincinnati Stock Exchange, Inc., 70793-70794 02-29946 National Association of Securities Dealers, Inc., 70794-70796 02-29941 New York Stock Exchange, Inc., 70796-70800 02-29942 02-29945 *Applications, hearings, determinations, etc.:* Algoma Steel Inc., 70777 02-29979 Public utility holding company filings, 70777-70782 02-29943 SBA Small Business Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 70800-70801 02-29930 Disaster loan areas: Indiana, 70801 02-29995 Meetings: Regulatory Fairness Boards— Region IV; hearing, 70801 02-29996 State State Department NOTICES Art objects; importation for exhibition: First Europeans: Treasures from the Hills of Atapuerca, 70801 02-29988 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Youth violence prevention and youth development promotion; community collaborations, 70753-70755 02-29960 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Boston & Maine Corp., 70808 02-29876 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Customs Service See Internal Revenue Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 70808 02-29990 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 70811-70828 02-29667 Part III Executive Office of the President, Presidential Documents, 70829-70834 02-30202 02-30203 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. 67 228 Tuesday, November 26, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 1 [Docket No. 02-077-1] Subpoenas Issued Under the Animal Health Protection Act AGENCY: Office of the Secretary, USDA. ACTION: Final rule. SUMMARY: We are amending the administrative regulations of the Office of the Secretary of Agriculture to reflect the subpoena provisions of the Animal Health Protection Act. Under the Animal Health Protection Act, the Secretary of Agriculture can subpoena witnesses and documents relating to the administration or enforcement of the Animal Health Protection Act or any matter being investigated in connection with the Animal Health Protection Act. This final rule is necessary to establish regulations governing the issuance of subpoenas under this authority. We are also amending the administrative regulations, where necessary, by including references to the Animal Health Protection Act, the Plant Protection Act, and Title V of the Agricultural Risk Protection Act of 2000, and removing references to statutes repealed by the Plant Protection Act. EFFECTIVE DATE: November 26, 2002. FOR FURTHER INFORMATION CONTACT: Mr. Alan R. Christian, Director, Investigative and Enforcement Services, APHIS, 4700 River Road Unit 85, Riverdale, MD 20737-1231;

(301)734-8684. SUPPLEMENTARY INFORMATION: Background The Animal and Plant Health Inspection Service (APHIS), through its Veterinary Services

(VS)program, regulates animals, animal products, and other articles to prevent the introduction or spread of animal diseases and pests. When it appears that VS regulations have been violated, APHIS conducts an investigation. In conducting the investigation, it may be necessary to issue a subpoena for testimony or for documents and other records. Title X, subtitle E, of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171, 7 U.S.C. 8301-8317), known as the Animal Health Protection Act (AHPA), updates and consolidates a number of animal health statutes. Under section 10415 of the AHPA (7 U.S.C. 8314), the Secretary of Agriculture has the authority to issue subpoenas for testimony and for documents and other records relating to administration or enforcement of the AHPA. The authority for signing subpoenas has been delegated from the Secretary to the Under Secretary of Marketing and Regulatory Programs, and from the Under Secretary of Marketing and Regulatory Programs to the Administrator, APHIS (7 CFR 2.22 and 2.80). The AHPA requires that we publish procedures for issuing subpoenas. According to § 10415(a)(2)(E) of the AHPA (7 U.S.C. 8314), the procedures must include a requirement that subpoenas be reviewed for legal sufficiency and signed by the Secretary. The Act further requires that “if the authority to sign a subpoena is delegated to an agency other than the Office of Administrative Law Judges, the agency receiving the delegation shall seek review of the subpoena for legal sufficiency outside that agency.” To comply with these requirements, we are amending 7 CFR 1.29 and 1.131. Section 1.29 governs the issuance of subpoenas relating to investigations under statutes administered by the Secretary. Paragraph

(3)states that the Office of the General Counsel, USDA, will review subpoenas for legal sufficiency that are issued under certain statutes. We are amending paragraph

(3)to state that the Office of the General Counsel will also review for legal sufficiency subpoenas that are issued under the AHPA. Section 1.131 comes under subpart H of part 1. Subpart H contains rules of practice for formal adjudicatory proceedings instituted by the Secretary under various statutes. We are amending § 1.131 to add the AHPA to the list of covered statutes. We are also updating § 1.131 by removing references to statutes that were repealed by the Plant Protection Act (PPA, 7 U.S.C. 7701-7772). We are also updating § 1.183, which comes under subpart J of part 1. Subpart J contains procedures relating to awards under the Equal Access to Justice Act in proceedings before the Department. We are amending § 1.183 by adding the AHPA and Title V of the Agricultural Risk Protection Act of 2000, section 501(a) (7 U.S.C. 2279e) to the list of covered statutes and by revising the citations provided in the entry for the PPA. This rule relates to internal agency management. Therefore, this rule is exempt from the provisions of Executive Orders 12866 and 12988. Moreover, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required for this rule, and it may be made effective less than 30 days after publication in the **Federal Register** . In addition, under 5 U.S.C. 804, this rule is not subject to congressional review under the Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121. Finally, this action is not a rule as defined by 5 U.S.C. 601 *et seq.* , the Regulatory Flexibility Act, and thus is exempt from the provisions of that Act. Paperwork Reduction Act This rule contains no information collections or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 1 Administrative practice and procedure, Agriculture, Antitrust, Blind, Claims, Concessions, Cooperatives, Equal access to justice, Federal buildings and facilities, Freedom of information, Lawyers, Privacy. Accordingly, we are amending 7 CFR part 1 as follows: PART 1—ADMINISTRATIVE REGULATIONS 1. The authority citation for part 1 continues to read as follows: Authority: 5 U.S.C. 301, unless otherwise noted. Subpart B—Departmental Proceedings § 1.29 [Amended] 2. In § 1.29, paragraph (a)(3) is amended by adding the words “Animal Health Protection Act (7 U.S.C. 8301-8317),” before the word “Plant”, and by adding a comma before the word “or”. Subpart H—Rules of Practice Governing Formal Adjudicatory Proceedings Instituted by the Secretary Under Various Statutes 3. The authority citation for Subpart H is revised to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 61, 87e, 228, 268, 499o, 608c(14), 1592, 1624(b), 2151, 2279e, 2621, 2714, 2908, 3812, 4610, 4815, 4910, 6009, 6107, 6207, 6307, 6411, 6808, 7107, 7734, 8313; 15 U.S.C. 1828; 16 U.S.C. 620d, 1540(f), 3373; 21 U.S.C. 104, 111, 117, 120, 122, 127, 134e, 134f, 135a, 154, 463(b), 621, 1043; 43 U.S.C. 1740; 7 CFR 2.35, 2.41. § 1.131 [Amended] 4. In § 1.131, paragraph

(a)is amended by adding, in alphabetical order, “Animal Health Protection Act, section 10414 (7 U.S.C. 8313).”, and by removing “Act of August 20, 1912, commonly known as the Plant Quarantine Act, section 10, as amended (7 U.S.C. 163, 164).”, “Act of January 31, 1942, as amended (7 U.S.C. 149).”, and “Federal Plant Pest Act, section 108, as amended (7 U.S.C. 150gg).”. Subpart J—Procedures Relating to Awards Under the Equal Access to Justice Act in Proceedings Before the Department 5. The authority citation for Subpart J continues to read as follows: Authority: 5 U.S.C. 504(c)(1). § 1.183 [Amended] 6. In § 1.183, paragraph (a)(2) is amended by adding, in alphabetical order, “Animal Health Protection Act, sections 10414 and 10415 (7 U.S.C. 8313 and 8314)” and “Title V of the Agricultural Risk Protection Act of 2000, section 501(a) (7 U.S.C. 2279e)”; and in the entry for the Plant Protection Act, by removing the citations “7 U.S.C. 2279e, 7734(b), 7736” and adding the citations “7 U.S.C. 7734, 7735, and 7736” in their place. Dated: November 20, 2002. Ann M. Veneman, Secretary of Agriculture. [FR Doc. 02-29985 Filed 11-25-02; 8:45 am]

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