Unknown. Interim rule and request for comments

5,760 words·~26 min read·/register/2002/12/09/02-31009

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-2002-12-09.xml --- 67 236 Monday, December 9, 2002 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council AID Agency for International Development PROPOSED RULES Semi-annual agenda, 75143-75146 02-23907 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service PROPOSED RULES Semi-annual Agenda, 74273-74362 02-26642 NOTICES Agency information collection activities:

Proposed collection; comment request, 72899-72900 02-30963 Alcohol Alcohol, Tobacco and Firearms Bureau RULES Alcohol; viticultural area designations: Yadkin Valley, NC, 72834-72840 02-31004 Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Horse importation quarantine facilities; stall reservations, 72827-72830 02-31009 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Semi-annual agenda, 75147-75150 02-23905 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Chemical Chemical Safety and Hazard Investigation Board PROPOSED RULES Administrative investigations; transcripts of witness testimony, 72890-72892 02-30981 Civil Civil Rights Commission PROPOSED RULES Semi-annual agenda, 75151-75152 02-23889 NOTICES Meetings;

Sunshine Act, 72914 02-31146 Coast Guard Coast Guard RULES Ports and waterways safety: Boston Captain of the Port Zone, Hubline Project; safety and security zones, 72840-72842 02-30928 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office PROPOSED RULES Semi-annual agenda, 74363-74434 02-23903 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Cambodia, 72921-72922 02-31031 Columbia, 72922 02-30976 Hong Kong, 72922-72923 02-31029 Philippines, 72923 02-31032 Sri Lanka, 72923-72924 02-30977 Taiwan, 72924-72925 02-31030 Commodity Commodity Futures Trading Commission PROPOSED RULES Semi-annual agenda, 75489-75495 02-25196 Community Community Development Financial Institutions Fund NOTICES Agency information collection activities: Proposed collection; comment request, 02-30994 73007-73008 02-30995 Consumer Consumer Product Safety Commission PROPOSED RULES Semi-annual agenda, 75497-75507 02-23901 Corporation Corporation for National and Community Service PROPOSED RULES Semi-annual agenda, 75153-75158 02-25199 Court Court Services and Offender Supervision Agency for the District of Columbia PROPOSED RULES Semi-annual agenda, 75159-75163 02-24260 Defense Defense Department PROPOSED RULES Federal Acquisition Regulation (FAR):

Semi-annual agenda, 75475-75487 02-24266 Semi-annual agenda, 74435-74463 02-24261 Education Education Department PROPOSED RULES Semi-annual agenda, 74465-74472 02-24265 NOTICES Agency information collection activities: Submission for OMB review; comment request, 02-30974 72925-72926 02-30975 Employment Employment and Training Administration NOTICES Adjustment assistance: Liberty Sportswear, Inc., et al., 72974 02-31062 Mikan Group, Inc., et al., 72974 02-31060 Nortel Networks et al., 72974-72975 02-31058 RFS Ecusta, 72975 02-31063 Wheland Automotive Industries, 72975 02-31061 Wrought Washer Manufacturing Co. et al., 72975-72977 02-31057 NAFTA transitional adjustment assistance:

Dana Corp., 72977 02-31066 Nortel Networks Corp., 72977 02-31065 Nortel Networks et al., 72977-72978 02-31059 Saturn Electronics and Engineering, Inc. et al., 72978-72981 02-31064 Energy Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Semi-annual agenda, 74473-74490 02-27760 NOTICES Floodplain and wetlands protection; environmental review determinations; availability, etc.: Los Alamos National Laboratory, NM, 72926 02-31007 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

California, 72842-72844 02-30939 Indiana, 72844-72846 02-30937 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Carboxin, 72846-72854 02-31010 Toxic substances: Significant new uses— Perfluoroalkyl sulfonates, 72854-72867 02-31011 Water supply: National primary drinking water regulations— Public notification, consumer confidence report, and primacy rules; minor revisions; correction, 73011 C2-30117 PROPOSED RULES Air pollutants, hazardous; national emission standards:

Case-by-case determinations under Clean Air Act, etc., 72875-72888 02-31012 Air quality implementation plans; approval and promulgation; various States: California, 72874 02-30940 Indiana, 72874-72875 02-30938 Semi-annual Agenda, 75167-75317 02-26641 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 72888-72890 02-30838 NOTICES Agency information collection activities: Proposed collection; comment request, 72942-72943 02-31016 Pesticide registration, cancellation, etc.:

Diazinon, 72943-72946 02-31013 Water pollution control: Clean Water Act— Napa State Hospital, CA; administrative complaint; civil penalty; comment request, 72946 02-30121 Equal Equal Employment Opportunity Commission PROPOSED RULES Semi-annual agenda, 75319-75321 02-24262 Executive Executive Office of the President See Management and Budget Office Farm Farm Credit Administration PROPOSED RULES Semi-annual agenda, 75509-75515 02-24256 Farm Farm Credit System Insurance Corporation PROPOSED RULES Semi-annual agenda, 75517-75518 02-24257 FAA Federal Aviation Administration RULES Air carrier certification and operations:

Fuel tank system safety assessments, 72830-72834 02-30997 FCC Federal Communications Commission PROPOSED RULES Semi-annual agenda, 75519-75571 02-25202 NOTICES Common carrier services: Wireless telecommunications services— 700 MHz band licenses auction; reserve prices, minimum opening bides and other auction procedures, comment request, 72946-72951 02-31075 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Semi-annual agenda, 75573-75579 02-23906 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Semi-annual agenda, 75323-75330 02-23899 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Natural Gas Policy Act:

Interstate natural gas pipelines— Business practice standards, 72870-72874 02-30996 Semi-annual agenda, 75581-75587 02-23910 NOTICES Electric rate and corporate regulation filings: Camden Cogen, L.P., et al., 72937-72938 02-30983 PJM Interconnection, L.L.C., et al., 72938-72940 02-30984 Hydroelectric applications, 72940-72942 02-31089 02-31090 *Applications, hearings, determinations, etc.:* Alliance Pipeline L.P., 72926-72927 02-31107 ANR Pipeline Co., 72927 02-31098 CMS Trunkline Gas Co., LLC, 72927-72928 02-31112 02-31113 Colorado Interstate Gas Co., 72928-72929 02-31100 02-31101 Consolidated Edison Co. of New York, Inc., et al., 72929 02-31087 El Paso Natural Gas Co., 02-31092 72929-72930 02-31099 Energy Development Corp. et al., 72930 02-31115 Garden Banks Gas Pipeline, LLC, 72930-72931 02-31108 High Island Offshore System, L.L.C., 72931 02-31097 Michigan Gas Storage Co., 72931 02-31086 New England Power Pool, 72931-72932 02-31088 Northern Natural Gas Co., 72932 02-31114 Panhandle Eastern Pipe Line Co., 72932 02-31104 Petal Gas Storage, L.L.C., 72932-72933 02-31109 Public Utilities Commission of the State of California et al., 72933 02-31091 Sea Robin Pipeline Co., 72933 02-31105 Southern Natural Gas Co., 72933-72934 02-31102 Tennessee Gas Pipeline Co., 02-31103 02-31110 72934-72935 02-31111 Texas Gas Transmission Corp., 72935 02-31094 Transcontinental Gas Pipe Line Corp., 72935 02-31093 Williams Gas Pipelines Central, Inc., 72935-72937 02-31095 02-31096 02-31106 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Sanders and Flathead Counties, MT, 73004-73005 02-30978 Federal Housing Federal Housing Enterprise Oversight Office PROPOSED RULES Semi-annual agenda, 75381-75384 02-23892 Federal Housing Federal Housing Finance Board PROPOSED RULES Semi-annual agenda, 75589-75592 02-25201 FMC Federal Maritime Commission PROPOSED RULES Semi-annual agenda, 75593-75596 02-23897 Federal Mediation Federal Mediation and Conciliation Service PROPOSED RULES Semi-annual agenda, 75331-75333 02-25452 Federal Reserve Federal Reserve System PROPOSED RULES Semi-annual agenda, 75597-75608 02-24268 NOTICES Agency information collection activities:

Proposed collection; comment request, 72951-72953 02-30970 Reporting and recordkeeping requirements, 72953-72956 02-30971 Banks and bank holding companies: Change in bank control, 72956 02-30972 Formations, acquisitions, and mergers, 72956-72957 02-30973 National Communications System: National Security/Emergency Preparedness telecommunications sponsorship criteria, 72957-72962 02-30969 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 72962-72963 02-31117 FTC Federal Trade Commission PROPOSED RULES Semi-annual agenda, 75609-75616 02-23896 Fish Fish and Wildlife Service NOTICES Endangered and threatened species:

Recovery plans— Bruneau hot springsnail, 72967 02-30982 Food Food and Drug Administration NOTICES Food additive petitions: Carbolite Foods, Inc., 72963 02-31067 Food Food Safety and Inspection Service NOTICES Meetings: Improving the recall process; technical conference, 72900-72901 02-31008 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Alabama Hyundai Motor Manufacturing; motor vehicles, 72914 02-31036 California, 72914-72915 02-31038 Pennsylvania Sony Technology Center; television manufacturing facility, 72915-72916 02-31037 Forest Forest Service NOTICES Environmental statements; notice of intent:

Beaverhead-Deerlodge National Forest, MT, 72901-72902 02-30980 Deerlodge National Forest, MT, 72902-72903 02-30979 Stanislaus National Forest, CA, 72903-72904 02-31025 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Semi-annual agenda, 75475-75487 02-24266 Semi-annual agenda, 75335-75347 02-25203 Government Government Ethics Office PROPOSED RULES Semi-annual agenda, 75385-75393 02-25198 Health Health and Human Services Department See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health See Public Health Service PROPOSED RULES Semi-annual agenda, 74491-74547 02-25451 Historic Historic Preservation, Advisory Council PROPOSED RULES Semi-annual agenda, 75141-75142 02-25200 Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office PROPOSED RULES Semi-annual agenda, 74549-74579 02-23909 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval;

Class III (casino) gambling: Assiniboine and Sioux Tribes of Fort Peck Reservation, MT, 72967 02-30966 Quinault Indian Nation, WA, 72967-72968 02-30968 Seneca Nation of Indians, NY, 72968 02-30967 Inspector Inspector General Office, Health and Human Services Department PROPOSED RULES Medicare and medicaid beneficiaries; civil monetary penalty prohibition, 72892-72894 02-31040 Medicare and State healthcare programs; fraud and abuse: Civil monetary penalty exception; supplemental insurance and medigap premiums; withdrawal, 72896-72898 02-31041 Safe harbor and special fraud alerts, 72894-72896 02-31039 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Indian Gaming Commission PROPOSED RULES Semi-annual agenda, 74583-74656 02-26338 IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 73008-73009 02-31054 Meetings: Area 1 Taxpayer Advocacy Panel, 73009 02-31052 Area 2 Taxpayer Advocacy Panel, 73009 02-31051 Earned Income Tax Credit Issue Committee Taxpayer Advocacy Panel, 73009-73010 02-31047 02-31048 02-31049 Multilingual Initiative Issue Committee Taxpayer Advocacy Panel, 73010 02-31050 International International Trade Administration NOTICES Antidumping: Cut-to-length carbon steel quality plate from— Ukraine, 72916-72917 02-31035 Stainless steel sheet and strip in coils from— Korea, 72917-72918 02-31034 Countervailing duties:

Durum wheat and hard red spring wheat from— Canada, 72918-72919 02-31033 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Actuarial Examinations Advisory Committee, 72899 02-31053 Justice Justice Department PROPOSED RULES Semi-annual agenda, 74657-74747 02-25453 Labor Labor Department See Employment and Training Administration PROPOSED RULES Semi-annual agenda, 74749-74785 02-25640 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Phoenix South Resource Management Plan, AZ, 72968-72969 02-30992 Meetings: Resource Advisory Councils— Northeast California, 72969 02-30961 Public land orders: California, 72969 02-30989 Colorado, 72969-72970 02-30987 Wyoming, 72970 02-30986 Realty actions; sales, leases, etc.: California, 72970-72971 02-30990 New Mexico, 72971 02-30988 Recreation management restrictions, etc.: Yellowstone County, MT; firearms target shooting emergency closure, 72971-72972 02-30993 Management Management and Budget Office PROPOSED RULES Semi-annual agenda, 75395-75397 02-23893 NOTICES Defense Health System medical and dental care, FY 2003 costs; rates regarding recovery from tortiously liable third party, 72987 02-31024 Federal Activities Inventory Reform Act of 1998; implementation:

Agency Inventories of Activities that are and are not Inherently Governmental; availability, 72987-72988 02-31023 Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 72972-72974 02-31042 Morris Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation PROPOSED RULES Semi-annual agenda, 75349-75350 02-23890 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Semi-annual agenda, 75475-75487 02-24266 Semi-annual agenda, 75351-75355 02-23891 National Archives National Archives and Records Administration PROPOSED RULES Semi-annual agenda, 75357-75363 02-24255 National Credit National Credit Union Administration PROPOSED RULES Semi-annual agenda, 75617-75623 02-24264 National Foundation National Foundation on the Arts and the Humanities PROPOSED RULES Semi-annual agenda: Institute of Museum and Library Services, 75365-75368 02-24263 National Endowment for the Arts, 75369-75371 02-23895 National Endowment for the Humanities, 75373-75376 02-23902 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 73005-73006 02-31043 National Indian National Indian Gaming Commission PROPOSED RULES Semi-annual agenda, 75625-75629 02-24269 NIH National Institutes of Health NOTICES Meetings: National Institute of Diabetes and Digestive and Kidney Diseases, 72964 02-30958 National Institute of Nursing Research, 72963-72964 02-30955 National Institute on Drug Abuse, 72964 02-30957 Scientific Review Center, 72964-72965 02-30956 Patent licenses; non-exclusive, exclusive, or partially exclusive:

BrianGate, Inc., 72965 02-30959 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic surf clam and ocean quahog, 72867-72868 02-31028 NOTICES Environmental statements; availability, etc.: Bowhead whale impact of subsistence quota , 2003—2007, 72919-72920 02-31027 National Science National Science Foundation PROPOSED RULES Semi-annual agenda, 75377-75379 02-26341 NOTICES Agency information collection activities:

Proposed collection; comment request, 72981-72982 02-31006 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 72982 02-31142 Nuclear Nuclear Regulatory Commission PROPOSED RULES Semi-annual agenda, 75631-75644 02-24259 NOTICES Environmental statements; availability, etc.: Carolina Power & Light Co., 72983-72984 02-31000 TXU Generation Co., LP, 72984-72985 02-30999 Westinghouse Electric Co. LLC, 72985-72987 02-31001 Operating licenses, amendments; no significant hazards considerations; biweekly notices; correction, 72987 02-30998 *Applications, hearings, determinations, etc.:* Duke Energy Corp., 72982-72983 02-31002 Maine Yankee Atomic Power Co., 72983 02-31003 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Office Office of Management and Budget See Management and Budget Office Patent Patent and Trademark Office NOTICES Meetings:

Technological protection systems for digitized copyrighted works; comment request and hearings, 72920-72921 02-31017 Peace Peace Corps PROPOSED RULES Semi-annual agenda, 75419-75422 02-23904 Pension Pension Benefit Guaranty Corporation PROPOSED RULES Semi-annual agenda, 75423-75426 02-25639 Personnel Personnel Management Office PROPOSED RULES Semi-annual agenda, 75399-75417 02-24267 Presidio Presidio Trust PROPOSED RULES Semi-annual agenda, 75427-75429 02-25204 Public Public Health Service See Food and Drug Administration See National Institutes of Health NOTICES National Toxicology Program:

Center for Evaluation of Risks to Human Reproduction- - Ethylene glycol and propylene glycol; expert panel evaluation, 72965-72967 02-30960 Railroad Railroad Retirement Board PROPOSED RULES Semi-annual agenda, 75431-75435 02-24258 Regulatory Regulatory Information Service Center PROPOSED RULES Introduction to Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions, 74049-74056 02-28020 RUS Rural Utilities Service NOTICES Grants and cooperative agreements; availability, etc.:

High energy cost rural communities, 72904-72914 02-31056 SEC Securities and Exchange Commission PROPOSED RULES Semi-annual agenda, 75645-75668 02-25197 NOTICES Self-regulatory organizations; proposed rule changes: Chicago Board Options Exchange, Inc., 72988-72990 02-31018 Chicago Stock Exchange, Inc., 72990-72993 02-30964 National Association of Securities Dealers, Inc., 72993 02-30965 72993-73003 02-31019 02-31020 Selective Selective Service System PROPOSED RULES Semi-annual agenda, 75437-75438 02-23894 SBA Small Business Administration PROPOSED RULES Semi-annual agenda, 75439-75449 02-23898 NOTICES Agency information collection activities:

Proposed collection; comment request, 73003-73004 02-31046 Disaster loan areas: Louisiana, 73004 02-30985 Social Social Security Administration PROPOSED RULES Semi-annual agenda, 75451-75470 02-26340 State State Department PROPOSED RULES Semi-annual agenda, 74787-74798 02-25637 NOTICES Foreign terrorists and terrorist organizations; designation: Kurdistan Workers’ Party, 73004 02-31026 Surface Surface Transportation Board PROPOSED RULES Semi-annual agenda, 75669-75672 02-23900 NOTICES Railroad services abandonment:

Union Pacific Railroad Co., 73006-73007 02-30906 TVA Tennessee Valley Authority PROPOSED RULES Semi-annual agenda, 75471-75473 02-25638 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Computer reservation systems, carrier-owned; expiration date extension, 72869-72870 02-30951 Semi-annual agenda, 74799-74990 02-27761 NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 73004 02-31045 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 73004 02-31044 Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Community Development Financial Institutions Fund See Internal Revenue Service PROPOSED RULES Semi-annual agenda, 74991-75111 02-26339 Veterans Veterans Affairs Department PROPOSED RULES Semi-annual agenda, 75113-75139 02-23908 Separate Parts In This Issue Parts II-LXIII The Unified Agenda of Federal Regulatory and Deregulatory Actions, 74049-75797 74049-75797 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. 67 236 Monday, December 9, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 93 [Docket No. 02-024-1] Stall Reservations at Import Quarantine Facilities AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the regulations regarding the importation of horses into the United States by requiring persons who cancel reservations for stall space at import quarantine facilities to notify us earlier and by increasing the fee for canceling reservations. Under the new fee structure, persons who cancel a reservation at least 30 business days prior to the reservation date will be charged 25 percent of the reservation fee; persons who cancel a reservation 15 to 29 business days prior to the reservation date will be charged 50 percent of the reservation fee; and persons who cancel a reservation less than 15 business days prior to the reservation date will forfeit 100 percent of the reservation fee.

We are taking this action to discourage importers from reserving space that they may not use and canceling when it is too late for others to use the space. We believe this action will improve the occupancy rate of stall space, and, therefore, the efficiency of import quarantine facilities. DATES: This interim rule is effective December 9, 2002. We will consider all comments that we receive on or before February 7, 2003. ADDRESSES: You may submit comments by postal mail/commercial delivery or by e-mail.

If you use postal mail/commercial delivery, please send four copies of your comment (an original and three copies) to: Docket No. 02-024-1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 02-024-1. If you use e-mail, address your comment to *regulations@aphis.usda.gov.* Your comment must be contained in the body of your message; do not send attached files. Please include your name and address in your message and “Docket No. 02-024-1” on the subject line.

You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. APHIS documents published in the **Federal Register** , and related information, including the names of organizations and individuals who have commented on APHIS dockets, are available on the Internet at *http://www.aphis.usda.gov/ppd/rad/webrepor.html.* FOR FURTHER INFORMATION CONTACT: Dr. Andrea Morgan, Staff Veterinarian, National Center for Import and Export, Technical Trade Services, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231;

(301)734-8364. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 93 restrict the importation of certain animals and animal products into the United States to prevent the introduction of communicable animal diseases. Subpart C—Horses (§§ 93.300 through 93.326, referred to below as the regulations), regulates the importation of horses into the United States. Section 93.304 of the regulations contains, among other things, specific provisions for reservation fees for space at quarantine facilities maintained by the Animal and Plant Health Inspection Service (APHIS). Under the current regulations in § 93.304(a)(3), the importer or importer's agent must pay or ensure payment of a reservation fee for each lot of horses to be quarantined in a facility maintained by APHIS. The reservation fee is 100 percent of the cost of providing care, feed, and handling during quarantine, as estimated by the quarantine facility's veterinarian in charge. Any reservation fee will be forfeited if the importer or the importer's agent fails to present for entry, within 24 hours following the designated time of arrival, the horse or horses for which the reservation was made. However, a reservation fee will not be forfeited if written notice of cancellation from the importer or the importer's agent is received by the office of the veterinarian in charge of the quarantine facility during regular business hours (8:00 a.m. to 4:30 p.m. (local time) Monday through Friday, excluding holidays) no later than 5 business days prior to the beginning of the time of importation as specified in the import permit or as arranged with the veterinarian in charge of the quarantine facility if no import permit is required. When a reservation is canceled, a $40 cancellation fee is charged. Recently, stall space for imported horses at the United States Department of Agriculture

(USDA)quarantine facilities has been in high demand. Importers or their agents can sometimes expect to wait up to 2 to 4 months to obtain stall space. Some importers or their agents have been making speculative reservations far in advance of the projected date of arrival of the imported horses, and then canceling those reservations with 5 business days notice if they have no horses to import. While 5 business days' notice is what is required under the regulations to avoid forfeiture of the total reservation fee, this period does not allow sufficient time to offer the canceled space to other prospective importers. Five business days also does not allow sufficient time for another importer who might be able to make use of the available stall space to make the necessary arrangements for importing horses. We believe the current cancellation fee does not provide sufficient deterrent against speculative reservations and does not recover the fixed cost associated with operating quarantine facilities when stall space goes unused. Therefore, we are amending the regulations to establish a graduated fee schedule for cancellations. Under this schedule, the fee depends on when the reservations are canceled prior to the reservation date. Persons who cancel a reservation 30 business days or more prior to the reservation date will be charged 25 percent of the reservation fee. Persons who cancel a reservation 15 to 29 business days prior to the reservation will be charged 50 percent of the reservation fee. Persons who cancel a reservation less than 15 business days prior to the reservation date will forfeit 100 percent of the reservation fee. We believe that a cancellation fee of 100 percent of the reservation fee is appropriate when a cancellation occurs less than 15 days prior to the expected date of arrival because it is rarely possible to find other horses to take the space in that short a time. It takes at least 15 days to prepare a horse for importation into the United States. Brokers are required to have certain diagnostic tests performed on their horses and these tests must be processed at National Veterinary Services Laboratories. The reduced cancellation fees for more notice reflects the increased likelihood of the space being filled. We are taking this action to discourage importers from reserving space they may not use and cancelling when it is too late for others to use the space. We believe this action will improve the occupancy rate of stall space, and, therefore, the efficiency of the quarantine facilities. Furthermore, the increased cancellation fee will recover a larger portion of the fixed costs associated with operating quarantine facilities when stall space goes unused. Alternatives Considered We considered an alternative in which APHIS would refund brokers their cancellation fee if we were able to fill the stall space with other horses. We also considered charging a set cancellation fee greater than $40 per reservation regardless of when notice is provided. We are not adopting these alternatives for the following reasons: As noted, it is generally not feasible to fill spaces canceled within 15 days. In cases where cancellation occurs 15 or more days in advance, we may be able to fill the space. However, a refund procedure would be very complex due to the nature of scheduling shipments and arranging stall space. There are times when an entire shipment of 20 horses may be canceled and we may be able to fill only 10 of those slots. There may also be times when the space that becomes available may be inappropriate for a new shipment due to size or location of the newly available stalls. In addition, we do not have the staffing or infrastructure to track and control refunds, especially refunds that must be prorated because there would not be an even exchange. We also were concerned that providing refunds would mean that the fees would no longer be a deterrent to canceling stall space for brokers who can arrange for another importer to fill their canceled space. Such arrangements also could limit which brokers might have an opportunity to use the stall space. Regarding the other alternative, which would set a flat fee of above $40, we decided instead to establish a graduated fee schedule for cancellations. Under this schedule, the fee would depend on when the reservations were canceled prior to the reservation date, therefore, there would be a greater deterrent to cancelling reservations close to the reservation date, while the lower cancellation fees for more notice reflects the increased likelihood, but no certainty, of the space being filled. Immediate Action Immediate action is necessary to discourage importers from reserving space that they may not use and canceling when it is too late for others to use the space. APHIS put a freeze on taking reservations for stall space from importers until this issue is resolved. Because we wish to resume taking stall space reservations at these facilities by December 2002, it is important to make this action effective as quickly as possible. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. We are amending the regulations regarding the importation of horses into the United States by requiring persons who cancel reservations for stall space at import quarantine facilities to notify us earlier and by increasing the fee for canceling reservations. Under the new fee structure, persons who cancel a reservation at least 30 business days prior to the reservation date will be charged 25 percent of the reservation fee; persons who cancel a reservation 15 to 29 business days prior to the reservation date will be charged 50 percent of the reservation fee; and persons who cancel a reservation less than 15 business days prior to the reservation date will forfeit 100 percent of the reservation fee. We are taking this action to discourage importers from reserving space that they may not use and canceling when it is too late for others to use the space. We believe this action will improve the occupancy rate of stall space, and therefore the efficiency of import quarantine facilities. In 1999, the U.S. horse industry directly produced goods and services of $25.3 billion and had a total economic impact of $112.1 billion on the U.S. gross domestic product. 1 Racing, showing, and recreation each contributed more than 25 percent to the total value of goods and services produced by the industry. Activities related to the horse industry generated approximately $1.9 billion in tax revenues, most of which were generated in States where parimutuel betting was allowed. 2 1 American Horse Counci, 2000 House Industry Statistics. 2 American Horse Council, the Economic Impact of the U.S. Horse Industry, Executive Summary, Washington, DC January 2000. The horses quarantined at USDA's New York and Florida quarantine facilities include horses that are valued at up to $1 million. The average value of these horses in 2001 was $10,400 per horse. The number and total value of horses imported into the United States has been increasing over the last 8 years (table 1). Table 1.—All Horse Import Values and Quantities [Harmonized Schedule Code 0101] 1993 1999 2001 Value $61,000,000 $326,000,000 $319,000,000 Quantity 20,725 31,758 37,836 Source: World Trade Atlas, United States—General Imports—Customs Value. Due to this increase in imported horses and the limited space available at USDA horse quarantine facilities, it is important that reservation space be fully utilized. Horses are quarantined at a USDA facility for either 3 or 7 days before being cleared. European horses are quarantined for 3 days; South American and Caribbean horses are quarantined for 7 days. The user fee for a 3-day quarantine is $792 per horse. The user fee for a 7-day quarantine is $1,556 per horse (Table 2). Table 2.—Current Stall Fees for Imported Horses Equine stall daily user fee 1st through 3rd day (fee per day) $264 4th through 7th day (fee per day) 191 8th and subsequent days (fee per day 162 Daily user fee Oct. 1, 2002-Sept 30, 2003 (9 CFR 130.7). Eighty to ninety percent of the quarantine reservations cancelled 5 business days before a reservation are not refilled. The 5-day period does not allow sufficient time to find a replacement. The USDA quarantine facilities in Florida and New York each lose approximately $300,000-$470,000 each year in forgone user fees. In addition, the horse industry as a whole incurs additional costs through delays in being able to import horses. The result is fewer imports than would otherwise occur. The current practice of charging $40 for a cancellation allows horse brokers to reserve stall space even before securing clients for the space. Brokers with significant capital resources may make several reservations and simply forfeit the $40 reservation fees if a client is not found to fill them. This practice of reserving stall space before securing a client has led to stall reservations being bartered on the open market even though the program receives Federal funding. Some brokers have complained that a $40 reservation fee is not an effective deterrent to prevent brokers from reserving stall space before a client is found. The graduated fee schedule for canceled reservations will provide greater deterrence against late cancellations. Under a graduated fee schedule, brokers and horse owners will lose 25 percent of the reservation fee if they cancel at least 30 days prior to the reservation. Thirty days notice will provide opportunity for APHIS to refill the stall space. Brokers and horse owners who cancel 15-29 days prior to the reservation will lose 50 percent of the reservation fee. Brokers and horse owners who cancel less than 15 days prior to the reservation will be charged 100 percent of the reservation fee due to the insufficient time to refill the stall space (Table 3). 3 3 While most equines undergo a 3 or 7 day quarantine, the new graduated fee schedule will apply to all quarantine periods for which user fees are charged under 9 CFR 130.2. Calculations of graduated fee schedule:

(GF)= ((a*d)+(b*d)+(c*d)) * Z, where a = 1st through 3rd day (fee per day) $264, b = 4th through 7th day (fee per day) $191, c = 8th and subsequent days (fee per day) $162, d = number of days, and Z = percentage determined from the cancellation date prior to stall reservation 25% , 50% , and 100%. Table 3.—Graduated Reservation Fees. Cancellation time period prior to reservations 3-day quarantine cancellation fee 7-day quarantine cancellation fee 30 days or longer (25 percent) $198 $389 15-29 days (50 percent) 396 778 Less than 15 days (100 percent) 792 1,556 Economic Efforts on Small Entities Increasing the cancellation fee and the time-period required for cancellation has potential to affect both horse owners and brokers. Horse brokers who cancel space will incur additional cancellation fees. While the cost of cancellations will most likely be borne by the horse owners, the effects on those owners should be minimal compared to the high values of the horses being quarantined. 4 4 SBA lists horse owners as small if they have less than $750,000 per head in revenue (NAICS 112920). Census information is not available for individual horse owners' sales. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are in conflict with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 93 Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 93 as follows: PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS 1. The authority citation for part 93 is revised to read as follows: Authority: 7 U.S.C. 1622, 8303, 8306-8308, 8310, 8313, and 8315; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. 2. Section 93.304 is amended by revising paragraphs (a)(3)(iv) and (a)(3)(vi), and by adding a new paragraph (a)(3)(vii) to read as follows: § 93.304 Import permits for horses from regions affected with CEM and for horse specimens for diagnostic purposes; reservation fees for space at quarantine facilities maintained by APHIS.

(a)* * *

(3)* * *

(iv)Any reservation fee shall be forfeited if the importer or the importer's agent fails to present for entry, within 24 hours following the designated time of arrival, the horse for which the reservation was made: *Except* that a reservation fee shall not be forfeited if the Administrator determines that services, other than provided by carriers, necessary for the importation of the horses within the required period are unavailable because of unforeseen circumstances as determined by the Administrator (such as the closing of an airport due to inclement weather or the unavailability of the reserved space due to the extension of another quarantine).

(vi)If a reservation is canceled, the importer or the importer's agent will be charged a fee according to the following schedule: Cancellation date Fee 30 or more days before the scheduled reservation date 25 percent of the reservation fee. 15-29 days before the scheduled reservation date 50 percent of the reservation fee. Less than 15 days before the scheduled reservation date 100 percent of the reservation fee.

(vii)If the reservation fee was ensured by a letter of credit, the Department will draw the amount of the cancellation fee against the letter of credit unless the cancellation fee is otherwise paid at least 3 days prior to the expiration date of the letter of credit. Done in Washington, DC, this 4th day of December 2002. Peter Fernandez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-31009 Filed 12-6-02; 8:45 am]

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