Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-12-11.xml --- 67 238 Wednesday, December 11, 2002 Contents Agriculture Agriculture Department See Forest Service Broadcasting Broadcasting Board of Governors RULES Sunshine Act meetings; implementation, 76112-76114 02-31168 Coast Guard Coast Guard RULES Drawbridge operations: Iowa, 76114-76115 02-31219 Massachusetts, 76116 02-31220 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Romania, 76166-76167 02-31206 Turkey, 76167 02-31207 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Deshmukh, Minakshi B., M.D., 76192-76193 02-31208 K-Nine Detectives, 76193-76195 02-31209 Xtreme Enterprises, Inc., 76195-76198 02-31210 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 76167-76168 02-31200 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Active uranium and thorium processing sites; remedial action costs reimbursement, 76169-76170 02-31201 National Energy Technology Laboratory— Large Scale Mercury Control Field Testing Program, 76168-76169 02-31202 EPA Environmental Protection Agency RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Virgin Islands, 76116-76119 02-31237 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants:

Virgin Islands, 76150 02-31238 NOTICES Air programs: Ambient air monitoring reference and equivalent methods— Thermo Andersen Series FH 62 C14 Continuous PM10 Ambient Particulate Monitor, 76174-76175 02-31241 Pesticide registration, cancellation, etc.: Diazinon, 76175-76176 02-31242 Ethoprop, 76176-76177 02-31163 Pesticides; experimental use permits, etc.: Dow AgroSciences, 76177-76179 02-31165 Reports and guidance documents; availability, etc.: Pesticide registrations; data citation requirements; compliance, 76179 02-31164 Toxic and hazardous substances control:

New chemicals— Sustainable Futures; voluntary pilot project, 76280-76292 02-31243 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: General Electric Co., 76111-76112 02-31173 MD Helicopters, Inc., 76109-76111 02-31176 MT-Propeller Entwicklung GmbH; correction, 76111 02-31174 Pilatus Britten-Norman Ltd., 76106-76109 02-31128 PROPOSED RULES Airworthiness directives: Boeing, 76120-76121 02-31179 FCC Federal Communications Commission NOTICES Meetings;

Sunshine Act, 76179-76180 02-31381 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Electric utilities (Federal Power Act): Undue discrimination; remedying through open access transmission service and standard electricity market design Merchant transmission provider obligation to expand facilities, 76122-76123 02-31145 NOTICES Electric rate and corporate regulation filings: Pacific Gas & Electric Co. et al., 76170-76173 02-31186 Westar Energy, Inc., et al., 76173 02-31187 Natural gas companies (Natural Gas Act):

Upland erosion control, revegetation, and maintenance plan and wetland and waterbody construction and mitigation procedures; comment request, 76173-76174 02-31189 *Applications, hearings, determinations, etc.:* Wallingford, CT, et al., 76170 02-31188 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 76180-76181 02-31221 Ocean transportation intermediary licenses: Admiral Line, Inc., et al., 76181 02-31223 Freight Options Unlimited et al., 76181-76182 02-31224 Pacheco Express Shipping, Inc., et al., 76182 02-31222 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Recovery plans— Gabbro soil plants of Central Sierra Nevada Foothills, 76156-76157 02-31175 NOTICES Endangered and threatened species and marine mammal permit applications, 02-31203 76183-76184 02-31205 Marine mammal permit applications, 76184 02-31204 Forest Forest Service NOTICES Environmental statements; notice of intent: Lassen National Forest, CA, 76158-76159 02-31194 Meetings: Lake Tahoe Basin Federal Advisory Committee, 76159 02-31171 Health Health and Human Services Department See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 76182-76183 02-31191 Immigration Immigration and Naturalization Service RULES Nonimmigrant classes: Student and Exchange Visitor Information System; F, J, and M nonimmigrants; information retention and reporting, 76255-76280 02-31184 Indian Indian Affairs Bureau NOTICES Indian tribes, acknowledgment of existence determinations, etc.: Schaghticoke Tribal Nation, CT; proposed denial, 76184-76189 02-31229 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

Zisman, Alexander, 76159-76160 02-31169 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Accruals and allocations due to age attainment, reductions; and cash balance plans; nondiscrimination cross-testing rules application, 76123-76142 02-31225 NOTICES Meetings: Taxpayer Advocacy Panels, 76209-76210 02-31226 02-31227 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service NOTICES Pollution control; consent judgments:

Abb, Inc., et al., 76191 02-31245 Kennecott Holdings Corp. et al., 76191-76192 02-31246 Trident Seafoods Corp., 76192 02-31244 Labor Labor Department See Occupational Safety and Health Administration See Pension and Welfare Benefits Administration Land Land Management Bureau NOTICES Survey plat filings: Oregon, 76189 02-31192 Local Local Television Loan Guarantee Board RULES Procedural rules, 76105-76106 02-31055 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.:

Alaska OCS— Oil and gas lease sales, 76189-76190 02-31185 NOAA National Oceanic and Atmospheric Administration NOTICES Grants and cooperative agreements; availability, etc.: Global Ocean Data Assimilation Experiment, 76161-76164 02-31195 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Florida Power Corp., 76198-76199 02-31215 Meetings: Nuclear Waste Advisory Committee, 76199-76200 02-31213 Occupational Occupational Safety and Health Administration PROPOSED RULES Shipyard employment safety and health standards:

Fire protection, 76213-76253 02-30405 Patent Patent and Trademark Office NOTICES Agency information collection activities: Proposed collection; comment request, 76164-76166 02-31193 Pension Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Proposed collection; comment request, 76198 02-31217 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Pearl Harbor Remembrance Day (Proc. 7633), 76103-76104 02-31380 Public Public Debt Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 02-31180 02-31181 02-31182 76210-76212 02-31183 Public Public Health Service See Health Resources and Services Administration Reclamation Reclamation Bureau NOTICES Meetings: Glen Canyon Dam Adaptive Management Work Group, 76191 02-31170 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 76200-76205 02-31198 02-31199 SBA Small Business Administration NOTICES Disaster loan areas:

New Jersey and New York, 76205 02-31190 Surface Surface Transportation Board NOTICES Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 76205-76206 02-31197 Union Pacific Railroad Co., 76206 02-31196 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Surface Transportation Board PROPOSED RULES Personnel:

Board for Correction of Coast Guard Military Records; application procedures clarification, etc., 76142-76150 02-30933 Treasury Treasury Department See Internal Revenue Service See Public Debt Bureau PROPOSED RULES Acquisition regulations: Revision, 76150-76156 02-31116 NOTICES Reports and guidance documents; availability, etc.: Terrorism Risk Insurance Act of 2002; new statutory and mandatory availability requirements, 76206-76208 02-31256 Terrorism insurance legislation: Group life insurance availability; impact of terrorism threat; study, 76208-76209 02-31211 Separate Parts In This Issue Part II Labor Department, Occupational Safety and Health Administration, 76213-76253 02-30405 Part III Justice Department, Immigration and Naturalization Service, 76255-76280 02-31184 Part IV Environmental Protection Agency, 76280-76292 02-31243 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. 67 238 Wednesday, December 11, 2002 Rules and Regulations LOCAL TELEVISION LOAN GUARANTEE BOARD 7 CFR Part 2200 Local Television Loan Guarantee Board; Procedural Rules AGENCY: Local Television Loan Guarantee Board. ACTION: Final rule.

SUMMARY: On December 21, 2000, the President signed into law Public Law 106-553, the Federal Funding Act for Fiscal Year 2001. Title X of Pub. L. 106-553, entitled the Launching our Communities' Access to Local Television Act of 2000 (“LOCAL TV Act” or “Act”) established the LOCAL Television Loan Guarantee Board (“Board”). The Board is authorized to guarantee loans to facilitate access, on a technologically neutral basis, to signals of local television stations for households located in nonserved or underserved areas.

By this action, the Board is publishing its rules of procedure. EFFECTIVE DATE: December 11, 2002. FOR FURTHER INFORMATION CONTACT: Jacqueline G. Rosier, Secretary, LOCAL Television Loan Guarantee Board, 1400 Independence Avenue, SW, Stop 1541, Room 2919-S, Washington, DC 20250-1541. Telephone: 202-720-0530; FAX: 202-720-2734; E-Mail: *jrosier@rus.usda.gov.* SUPPLEMENTARY INFORMATION: On December 21, 2000, the President signed into law Public Law 106-553, the Federal Funding Act for Fiscal Year 2001.

Title X of Pub. L. 106-553, the LOCAL TV Act, established the Board. The Board is authorized to guarantee loans to facilitate access, on a technologically neutral basis, to signals of local television stations for households located in nonserved or underserved areas. The Board is comprised of the Chairman of the Board of the Federal Reserve System, and the Secretaries of Commerce, Agriculture, and the Treasury, or their designees. The Act states that an individual may be designated a member of the Board only if the individual is an officer of the United States pursuant to an appointment by the President, by and with the advice and consent of the Senate.

Individuals have been designated as Board members for each of the agencies represented on the Board. The LOCAL TV Act does not, however, designate a chair of the Board. The regulations promulgated by this action establish procedural rules of the Board. The Board adopted these regulations at its first meeting. These procedural rules have several key components. Because the Act does not designate a chair, these procedures require that, at the first meeting of the Board, a chair be named.

This has occurred, with the designee of the Department of the Treasury unanimously named as chair. The procedural rules require that all decisions and determinations of the Board be made by an affirmative vote of not less than three members of the Board. The procedural rules require the Board to appoint a Secretary, who will be responsible for sending notice of all meetings, preparing minutes of all meetings, maintaining a complete record of all votes and actions taken by the Board, and publishing documents in the **Federal Register** upon approval of the Board.

Finally, these procedural rules make clear that all communication with the Board by any party or parties interested in any matter pending before the Board shall be conducted through staff. Moreover, these rules provide that any communication between such a parties and a member of the Board will be a matter of public record. This rule relates to agency organization, procedure, and practices, and therefore, pursuant to 5 U.S.C. 553, notice of proposed rule making and opportunity for comment are not required.

In addition, because no notice of proposed rule making is required pursuant to 5 U.S.C. 553, or any other law, the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* , are inapplicable. Further, it has been determined that this rule is not a significant regulatory action for the purposes of Executive Order 12866. List of Subjects in 7 CFR Part 2200 Loan programs—Communications, Rural areas, Telecommunications, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, chapter XX of title 7 of the Code of Federal Regulations is established to read as follows:

CHAPTER XX—LOCAL TELEVISION LOAN GUARANTEE BOARD PART 2200—LOCAL TELEVISION LOAN GUARANTEE BOARD PROCEDURES Sec. 2200.1 Definitions. 2200.2 Purpose and scope. 2200.3 Composition of the Board. 2200.4 Authorities of the Board. 2200.5 Offices. 2200.6 Meetings and actions of the Board. 2200.7 Officer and staff responsibilities. 2200.8 Ex parte communications. 2200.9 Amendments. 2200.10 [Reserved] Authority: 47 U.S.C. 1101 *et seq.* ; Pub. L. 106-553; Pub. L.107-171. § 2200.1 Definitions.

(a)*Act* means the Launching Our Communities' Access to Local Television Act of 2000, Title X of Public Law 106-553, 114 Stat. 2762A-128.

(b)*Administrator* means the Administrator of the Rural Utilities Service of the United States Department of Agriculture.

(c)*Board* means the Launching Our Communities' Access to Local (LOCAL) Television Loan Guarantee Board. § 2200.2 Purpose and scope. This part is issued by the Board pursuant to Section 1004 of the Act. This part describes the Board's organizational structure and the means and rules by which the Board takes actions. § 2200.3 Composition of the Board. The Board consists of the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, the Secretary of Agriculture, and the Secretary of Commerce, or their respective designees. An individual may be designated a member of the Board only if the individual is an officer of the United States pursuant to an appointment by the President, by and with the advice and consent of the Senate. § 2200.4 Authority of the Board. The Board is authorized to guarantee loans in accordance with the provisions of the Act and procedures, rules, and regulations established by the Board; to make the determinations authorized by the Act; and to take such other actions as are necessary to carry out its functions in accordance with the Act. § 2200.5 Offices. The principal offices of the Board are at the U.S. Department of Agriculture, Rural Utilities Service, Room 2919-S, Stop 1541; 1400 Independence Ave., SW.; Washington, DC 20256-1590. § 2200.6 Meetings and actions of the Board.

(a)*Chair.* At its initial meeting, the Board shall select a Chair by an affirmative vote of not less than three members of the Board.

(b)*Place and frequency.* The Board meets, on the call of the Chair, in order to consider matters requiring action by the Board. Time and place for any such meeting shall be determined by the members of the Board.

(c)*Quorum and voting.* Three voting members of the Board constitute a quorum for the transaction of business. All decisions and determinations of the Board shall be made by an affirmative vote of not less than three members of the Board. All votes on determinations of the Board required by the Act shall be recorded in the minutes. A Board member may request that any vote be recorded according to individual Board members.

(d)*Agenda of meetings.* To the extent practicable, an agenda for each meeting shall be distributed to members of the Board at least two days in advance of the date of the meeting, together with copies of materials relevant to the agenda items.

(e)*Minutes.* The Secretary shall keep minutes of each Board meeting and of action taken without a meeting, a draft of which is to be distributed to each member of the Board as soon as practicable after each meeting or action. To the extent practicable, the minutes of a Board meeting shall be corrected and approved at the next meeting of the Board.

(f)*Use of conference call communications equipment.* Any member may participate in a meeting of the Board through the use of conference call, telephone or similar communications equipment, by means of which all persons participating in the meeting can simultaneously speak to and hear each other. Any member so participating in a meeting shall be deemed present for all purposes. Actions taken by the Board at meetings conducted through the use of such equipment, including the votes of each member, shall be recorded in the usual manner in the minutes of the meetings of the Board.

(g)*Actions between meetings.* When, in the judgment of the Chair, circumstances occur making it desirable for the Board to consider action when it is not feasible to call a meeting, the relevant information and recommendations for action may be transmitted to the members by the Secretary and the voting members may communicate their votes to the Chair in writing (including an action signed in counterpart by each Board member), electronically, or orally (including telephone communication). Any action taken under this paragraph has the same effect as an action taken at a meeting. Any such action shall be recorded in the minutes.

(h)*Officers and staff of the Board.* The Board shall appoint a Secretary and may appoint such other officers and staff as it deems appropriate, including an Executive Director and a Legal Counsel. An individual may hold more than one officer or staff position.

(i)*Delegations of authority.* The Board may delegate authority, subject to such terms and conditions as the Board deems appropriate, to officers and staff to take certain actions not required by the Act to be taken by the Board. All delegations shall be made pursuant to resolutions of the Board and recorded in writing, whether in the minutes of a meeting or otherwise. Any action taken pursuant to such delegated authority has the effect of an action taken by the Board. § 2200.7 Officer and staff responsibilities.

(a)*Executive Director.* The Executive Director advises and assists the Board in carrying out its responsibilities under the Act, provides general direction with respect to the administration of the Board's actions, directs the activities of the staff, and performs such other duties as the Board may require.

(b)*Legal Counsel.* The Legal Counsel provides legal advice relating to the responsibilities of the Board and performs such other duties as the Board may require.

(c)*Secretary.* The Secretary sends notice of all meetings, prepares minutes of all meetings, maintains a complete record of all votes and actions taken by the Board, has custody of all records of the Board, has authority to publish documents in the **Federal Register** upon approval of the Board and performs such other duties as the Board may require.

(d)*Other.* The responsibilities of any other officer or staff shall be defined by the Board at the time of appointment of such position. § 2200.8 Ex parte communications. Communication with the Board shall be conducted through the staff of the Board. Oral or written communication, not on the public record, between the Board, or any member of the Board, and any party or parties interested in any matter pending before the Board concerning the substance of that matter is prohibited. § 2200.9 Amendments. The Board's rules may be adopted or amended, or new rules may be adopted, only by the affirmative vote of not less than three members of the Board. Authority to adopt or amend these rules may not be delegated. § 2200.10 [Reserved] Dated: October 31, 2002. Jacqueline Rosier, Secretary, LOCAL Television Loan Guarantee Board. [FR Doc. 02-31055 Filed 12-10-02; 8:45 am]

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