Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-12-03.xml --- 67 232 Tuesday, December 3, 2002 Contents Agency Agency for Healthcare Research and Quality NOTICES Agency information collection activities: Proposed collection; comment request, 71971-71972 02-30630 71972-71973 02-30631 Agricultural Agricultural Marketing Service RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 71798-71803 02-30584 Practice and procedure: Raisins produced from grapes grown in— California, 71803-71808 02-30583 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Natural Resources Conservation Service See Rural Housing Service Animal Animal and Plant Health Inspection Service NOTICES Environmental statements; availability, etc.:

Nonregulated status determinations— Monsanto, Inc.; canola genetically engineered fro glyphosate herbicide tolerance, 71928-71929 02-30514 Vector tobacco

(USA)Ltd.: tobacco genetically engineered for reduced nicotene, 71929-71930 02-30518 Army Army Department See Engineers Corps NOTICES Inventions, Government-owned; availability for licensing, 71942 02-30568 71942 02-30569 Census Census Bureau NOTICES Survey determinations: Manufacturing area; annual, 71931-71932 02-30573 Surveys, determinations, etc.: Service industries; annual, 71932-71933 02-30574 Children Children and Families Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 71973-71974 02-30645 71974 02-30646 Coast Guard Coast Guard RULES Ports and waterways safety: Safety zones and security zones, etc.; list of temporary rules, 71840-71843 02-30617 NOTICES Grants and cooperative agreements; availability, etc.: Recreational boating safety projects, programs, and activities, 72018-72020 02-30619 Meetings: Houston/Galveston Navigation Safety Advisory Committee, 72021 02-30616 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Grants and cooperative agreements; availability, etc.: Civil Society-Nonprofit Scholars Program, 71940-71941 02-30585 Defense Defense Department See Army Department See Engineers Corps NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 71941 02-30548 Agency information collection activities: Proposed collection; comment request, 71941-71942 02-30549 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 71949 02-30554 71949-71950 02-30555 Submission for OMB review; comment request, 71950-71951 02-30542 71951 02-30543 71951-71952 02-30552 71952 02-30553 Submission for OMB review; comment request; correction, 71950 02-30540 71950 02-30541 Grants and cooperative agreements; availability, etc.: Elementary and secondary education— National Assessment of Educational Progress—Secondary Analysis Program, 72087-72088 02-30580 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Senior Community Service Employment Program, 71987-71988 02-30480 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.: Environmental Management Science Program, 71952-71956 02-30561 Experimental program to stimulate competitive research, 71957-71958 02-30559 Energy Energy Information Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 71958-71959 02-30562 Reports and guidance documents; availability, etc.: Weekly Petroleum Status Report; comment request, 71959-71960 02-30563 Engineers Engineers Corps NOTICES Reports and guidance documents; availability, etc.: Estuary Habitat Restoration Strategy, 71942-71949 02-30570 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Antimicrobial formulations, 71847-71861 02-30473 Water programs: Water quality standards— Human health and aquatic life water quality criteria applicable to Vermont, District of Columbia, Kansas, and New Jersey; withdrawn, 71843-71847 02-30599 NOTICES Hazardous waste: Hazardous Waste Export Data System; confidential business information, 71962-71963 02-30597 Patent licenses; non-exclusive, exclusive, or partially exclusive: BHA Group, Inc., 71964 02-30601 Reports and guidance documents; availability, etc.: Draft guidance for hazardous waste sites: contaminated sediment remediation; comment request, 71964-71965 02-30598 Superfund program: Prospective purchaser agreements— Liberty Industrial Finishing Site, NY, 71965 02-30600 Executive Executive Office of the President See Science and Technology Policy Office Farm Farm Service Agency RULES Farm marketing quotas, acreage allotments, and production adjustments: Skip row and strip crops, 71797-71798 02-30702 Federal Accounting Federal Accounting Standards Advisory Board NOTICES Meetings, 71966 02-30578 71966 02-30579 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 71810-71812 02-30342 71812-71814 02-30343 71808-71810 02-30344 Rolls-Royce Deutschland Ltd., 71814-71815 02-30345 Class E airspace, 71815-71816 02-30611 Standard instrument approach procedures, 71816-71819 02-30441 PROPOSED RULES Air carrier certification and operations: Transport category airplanes— Passenger and flight attendant seats; improved crashworthiness, 71908-71909 02-30695 Airworthiness directives: Twin Commander Aircraft Corp., 71904-71907 02-30496 Class D and E airspace, 71907-71908 02-30610 NOTICES Aeronautical land-use assurances; waivers: Gwinnett County Airport, GA, 72021-72022 02-30612 Reports and guidance documents; availability, etc.: Corded electrical devices used in the passenger cabin, 72022 02-30614 Video systems mounted on seats; retention, 72022 02-30613 FCC Federal Communications Commission RULES Common carrier services: Telecommunications Act of 1996; implementation— Pay telephone reclassification and compensation provisions, 71861-71891 02-30499 Radio stations; table of assignments: California, 71891 02-30505 Texas, 71892 02-30502 71893 02-30504 71891 02-30507 71893-71894 02-30511 71894-71895 02-30512 Various States, 71892-71893 02-30503 Vermont, 71891-71892 02-30501 PROPOSED RULES Radio stations; table of assignments: California, 71927 02-30513 Michigan, 71925 02-30508 North Carolina, 71926-71927 02-30510 Texas, 71925-71926 02-30506 71926 02-30509 NOTICES Agency information collection activities: Proposed collection; comment request, 71966-71967 02-30557 71967-71968 02-30558 Submission for OMB review; comment request, 71968-71969 02-30556 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: El Paso Merchant Energy, et al. Federal Reserve Federal Reserve System NOTICES Agency information collection activities: Proposed collection; comment request, 71969-71970 02-30546 Banks and bank holding companies: Change in bank control, 71970 02-30632 Formations, acquisitions, and mergers, 71970 02-30633 Meetings; Sunshine Act, 71970-71971 02-30757 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent: Jacksonville, Duval County and Clay County, FL; East-Southwest Corridor, 72022-72024 02-30524 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Ivermectin paste, 71819-71820 02-30640 Lincomycin hydrochloride soluble powder, 71819 02-30639 Ractopamine and tylosin, 71820-71821 02-30637 Sponsor name and address changes— Pennfield Oil Co., 71821 02-30638 NOTICES Agency information collection activities: Proposed collection; comment request, 71974-71975 02-30643 Biological product licenses: Bavarian Red Cross, 71975-71976 02-30642 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Ohio, 71933 02-30626 Texas Fossil Partners, L.P.; watch and accessories warehousing/distribution facility, 71933 02-30625 Virginia Canon Virginia, Inc.; computer printers and related products manufacturing plant, 71934 02-30627 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 71941 02-30548 71941-71942 02-30549 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Meetings: Interdisciplinary Community-based Linkages Advisory Committee, 71976 02-30551 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Hope VI Demolition FY 2002, 71978 02-30572 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 71986-71987 02-30492 Interior Interior Department See Land Management Bureau See Minerals Management Service See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes: Loans from qualified employer plan to plan participants or beneficiaries, 71821-71826 02-29204 International International Trade Administration NOTICES Antidumping: Brake rotors from— China, 71934-71935 02-30622 Carbon steel butt-weld pipe fittings from— Thailand, 71935 02-30623 Fresh atlantic salmon from— Chile, 71935-71936 02-30628 Pure and alloy magnesium from— Canada, 71936 02-30624 Overseas trade missions: 2003 trade missions— Aerospace Executive Service at Australian International Airshow, et al., 71936 02-30629 Uruguay Round Agreements Act; affiliated party sales; antidumping: Hot-rolled steel products from— Japan, 71936-71939 02-30621 Justice Justice Department See Immigration and Naturalization Service Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 71987 02-30594 Land Land Management Bureau NOTICES Environmental statements; notice of intent: Grand Resource Area, UT Resource managment plan, 71978-71979 02-30498 Maritime Maritime Administration NOTICES Merchant Marine Act: Non-qualified U.S.-flag vessel; cargo carriage in the absence of available qualified U.S.-flag vessels; waiver, 72024-72025 02-30586 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 71979-71980 02-30565 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Lykens Coal Co., et al., 71988-71990 02-30493 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 71941 02-30548 71941-71942 02-30549 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Dorel Juvenile Group, 72025 02-30521 Mercedes-Benz, U.S.A., Inc., 72026 02-30520 Michelin North America, Inc., 72026-72027 02-30522 National Institute National Institute of Standards and Technology NOTICES Agency information collection activities: Proposed collection; comment request, 71939-71940 02-30606 Meetings: Malcolm Baldridge National Quality Award— Board of Overseers, 71940 02-30494 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation— Mid-Atlantic Exclusive Economic Zone; closure to large-mesh gillnet fishing, 71895-71900 02-30605 Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 71901-71902 02-30603 71902-71903 02-30604 Marine mammals: Incidental taking— Atlantic Large Whale Take Reduction Plan, 71900-71901 02-30774 National Park National Park Service NOTICES Environmental statements; availability, etc.: Biscayne Bay National Park, FL; general management plan, 71980-71981 02-30490 Fort Vancouver National Historic Site, WA, 71981-71983 02-30485 Lake Meredith National Recreation Area and Alibates Flint Quarries National Monument, TX, 71983 02-30487 Environmental statements; notice of intent: Golden Gate National Recreation Area, CA— Big Lagoon Wetland and Redwood Creek Restoration, 71983-71984 02-30489 Rock Creek Park, DC; meeting, 71984-71985 02-30486 Meetings: Delaware Water Gap National Recreation Area Citizen Advisory Committee, 71985 02-30488 National Museum of African American History and Culture, Presidential Commission, 71985-71986 02-30491 National Science National Science Foundation NOTICES Agency information collection activities: Submission for OMB review; comment request, 71991-71992 02-30526 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 71992 02-30775 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: New York, 71930-71931 02-30582 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 71992 02-30703 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 71990-71991 02-30581 Postal Postal Rate Commission NOTICES Jurisdictional status of services; petition filed, 71992-71993 02-30539 Postal Postal Service RULES Postage meters: Manufacture and distribution; authorization Correction, 71843 02-30650 NOTICES Postal meters: Postage evidencing product submission procedures Correction, 71993-71998 02-30649 Public Public Health Service See Agency for Healthcare Research and Quality See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration PROPOSED RULES Hazardous materials: Hazardous materials transportation— Harmonization with UN recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's technical instructions, 72033-72085 02-29897 NOTICES Pipeline safety: Advisory bulletins— Older plastic pipe; premature brittle-like cracking; correction, 72027 02-30615 Rural Rural Housing Service NOTICES Agency information collection activities: Proposed collection; comment request, 71931 02-30519 Science Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 71965-71966 02-30595 SEC Securities and Exchange Commission PROPOSED RULES Investment companies: Research and development companies; nonexclusive safe harbor from investment company definition, 71915-71925 02-30663 Securities: Broker-dealer exemption from sending financial information to customers, 71909-71915 02-30664 NOTICES Agency information collection activities: Proposed collection; comment request, 71998-71999 02-30529 71999-72000 02-30530 Investment Company Act of 1940: Shares substitution applications— Integrity Life Insurance Co. et al., 72001-72005 02-30531 Securities: Broker-dealer exemption from sending financial information to customers, 72005-72006 02-30665 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 72006-72007 02-30535 Cincinnati Stock Exchange, Inc., 72007-72008 02-30537 National Association of Securities Dealers, Inc., 72008-72011 02-30532 72011-72012 02-30538 National Securities Clearing Corp., 72012-72014 02-30533 Philadelphia Stock Exchange, Inc., 72014-72015 02-30534 72015-72017 02-30536 *Applications, hearings, determinations, etc.:* PlanetCAD, Inc., 72000-72001 02-30566 State State Department NOTICES Meetings: International Telecommunication Advisory Committee, 72018 02-30596 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 71976-71978 02-30385 Grants and cooperative agreements; availability, etc.: Youth violence prevention and youth development promotion; collaborative community actions; correction, 71978 02-30644 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Mississippi, 71826-71832 02-30607 West Virginia, 71832-71840 02-30609 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 72027 02-30575 72028 02-30576 72028-72029 02-30577 Veterans Veterans Affairs Department NOTICES Agency information collection activities: Proposed collection; comment request, 72029 02-30587 72029-72030 02-30588 Submission for OMB review; comment request, 72030 02-30589 72030-72031 02-30590 72031 02-30591 72031 02-30592 Separate Parts In This Issue Part II Transportation Department, Research and Special Programs Administration, 72033-72085 02-29897 Part III Education Department, 72087-72088 02-30580 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. 67 232 Tuesday, December 3, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 718 RIN: 0560-AG55 Skip Row and Strip Crops AGENCY: Farm Service Agency, USDA. ACTION: Final rule. SUMMARY: The Farm Service Agency

(FSA)is amending its regulations to revise the provisions governing how densely a producer's acreage must be planted in order for the full acre to be considered planted for program purposes in the Non-insured Crop Disaster Assistance Program and other programs. Under the revised rule the amount of a field considered planted will be limited to certain specified widths beyond the actual planted rows, which will allow for a more uniform determination of acreage. EFFECTIVE DATE: November 29, 2002. FOR FURTHER INFORMATION CONTACT: Daniel McGlynn

(202)720-3463. SUPPLEMENTARY INFORMATION: Executive Order 12866 This final rule is issued in conformance with Executive Order 12866 and has been determined to be significant and has been reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act It has been determined that the Regulatory Flexibility Act is not applicable to this final rule because FSA is not required by 5 U.S.C. 553 or any other provisions of the law to publish a notice of final rule making regarding the subject matter of this rule. Environmental Evaluation It has been determined by an environmental evaluation that this action will have no significant impact on the quality of the human environment. Therefore, neither an Environmental Assessment nor an Environmental Impact Statement is needed. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988. The provisions of this final rule preempt State laws to the extent such laws are inconsistent with the provisions of this rule. Executive Order 12372 This activity is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. See the notice related to 7 CFR part 3015, subpart V, published at 48 FR 29115 (June 24, 1983). Unfunded Mandates Reform Act of 1995 This rule contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)for State, local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Paperwork Reduction Act This rule does not contain any new information collection requirements. Executive Order 12612 It has been determined that this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in this rule will not have a substantial direct effect on States or their political subdivisions, or on the distribution of power and responsibilities among the various levels of Government. Discussion of the Final Rule For purposes of the operation of several programs, including the Non-Insured Crop Disaster Assistance Program (NAP), operated under rules set out at 7 CFR part 1437, it is necessary and important to determine how much of a field can be considered planted to a particular crop, and that determination can raise issues of how densely the field must be planted in order for the full acreage to be considered planted. Such determinations for NAP and other programs administered by FSA and the Commodity Credit Corporation are made using standards that are set out in regulations found at 7 CFR part 718. In particular, 7 CFR 718.107 addresses this issue. For example, persons filing for NAP benefits will indicate that they had a loss on a certain number of acres. That loss, in numbers of acres, will be multiplied by a yield per acre to arrive at a gross estimate of the amount of loss. This means, accordingly, that the number of acres considered committed to the crop can be critical in determining the amount of payments that the farmers can receive. In recent years, several situations have arisen in which farmers have reported unusual planting patterns that raise a question of whether the pattern reflected a desire to increase benefits rather than simply a desire to farm in the most productive manner possible for the market for the crop. These situations have prompted a review of the rule. That review has indicated that an overhaul of the measurement regulation is in order. Such an overhaul is undertaken in this rule, which provides that acreage planted to a crop will only be considered to be the rows of the crop itself and a set amount (as defined in the rule) on either side of the actual planted rows (including those rows which might be the last rows before a row is skipped and the first row after the skip). In the past, under the terms of the pre-existing regulation, it could occur that the full area of the skip might be considered to be planted even though the space was far greater than that which would normally occur between rows. It is believed that this revised rule will be fairer and will give a more accurate measure of the amount of the field that should be considered planted to a crop, assuming an intended full production of the crop. The rules in 7 CFR part 718 were revised in response to the Agricultural Market Transition Act of 1996, Pub. L. No. 104-127, which, among other things, in section 196, re-instituted NAP within the CCC as it is now constituted. Originally, NAP was administered by the Federal Crop Insurance Program and the Risk Management Agency. After the 1996 Act, new rules were finalized for NAP (61 FR 69005, December 31, 1996) and also for the generic regulations in 7 CFR part 718 (61 FR 37552, July 18, 1996), which cover a number of issues common to a number of programs, including NAP. Section 161 of the 1996 Act provides for an exemption from the normal provisions of rule-making for implementing decisions made pursuant to that Act, and this exemption applies in this instance as well because this rule is part of the overall implementation of the 1996 Act and the administration of NAP. The rule has been designed to accommodate normal planting practices and to be flexible where needed to handle the special needs of special crops or special conditions in special areas. Also, to provide for a transition from the old rules that would not occur in the middle of a crop year, the amended regulation in § 718.107 provides that the new provisions will apply only to the 2003 and subsequent crops. List of Subjects in 7 CFR Part 718 Determination of Acreage and Compliance, Reconstitution of Farms, Allotments, Quotas, and Acreages. For reasons set out in the preamble, 7 CFR part 718 is revised as follows: PART 718—PROVISIONS APPLICABLE TO MULTIPLE PROGRAMS 1. The authority citation for 7 CFR part 718 continues to read as follows: Authority: 7 U.S.C. 1373, 1374, 7201 *et seq.* ; 15 U.S.C. 714b and 714c; and 21 U.S.C. 889. 2. Revise § 718.107 to read as follows: § 718.107 Measuring acreage including skip row acreage.

(a)When one crop is alternating with another crop, whether or not both crops have the same growing season, only the acreage that is actually planted to the crop being measured will be considered to be acreage devoted to the measured crop.

(b)Subject to the provisions of this paragraph and section, whether planted in a skip row pattern or without a pattern of skipped rows, the entire acreage of the field or subdivision may be considered as devoted to the crop only where the distance between the rows, for all rows, is 40 inches or less. If there is a skip that creates idle land wider than 40 inches, or if the distance between any rows is more than 40 inches, then the area planted to the crop shall be considered to be that area which would represent the smaller of: a 40-inch width between rows, or the normal row spacing in the field for all other rows in the field—those that are not more than 40 inches apart. The allowance for individual rows would be made based on the smaller of: actual spacing between those rows, or the normal spacing in the field. For example, if the crop is planted in single wide rows that are 48 inches apart, only 20 inches to either side of each row (for a total of 40 inches between the two rows) could, at a maximum, be considered as devoted as the crop and normal spacing in the field would control. Half the normal distance between rows will also be allowed beyond the outside planted rows not to exceed 20 inches and will reflect normal spacing in the field.

(c)In making calculations under this section, further reductions may be made in the acreage considered planted to the extent it is determined that the acreage is more sparsely planted than would be normal using reasonable and customary full production planting techniques.

(d)The Deputy Administrator for Farm Programs has the discretionary authority to allow row allowances other than those specified in this section in those instances in which crops are normally planted with spacings greater or less than 40 inches, such as in the case of tobacco, or where other circumstances are presented which the Deputy Administrator finds justifies that allowance.

(e)Paragraphs

(a)through

(d)of this section shall apply with respect to the 2003 and subsequent crops. For preceding crops, the rules in effect on January 1, 2002, shall apply. Signed at Washington, DC, on November 27, 2002. James R. Little, Administrator, Farm Service Agency. [FR Doc. 02-30702 Filed 11-29-02; 1:54 pm]

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