Unknown. Final rule

2,608 words·~12 min read·/register/2002/12/17/02-31633

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-2002-12-17.xml --- 67 242 Tuesday, December 17, 2002 Contents Agricultural Agricultural Marketing Service RULES Cotton; futures contracts spot price quotations, 77147-77148 02-31633 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Foot-and-mouth disease; disease status change— Great Britain, 77148-77152 02-31659 Children Children and Families Administration PROPOSED RULES Grants and cooperative agreements; availability, etc.: Community Services Block Grants; charitable choice provisions, 77367-77371 02-31675 Temporary Assistance for Needy Families Program: Charitable Choice provisions, 77361-77366 02-31674 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Copyright Office, Library of Congress RULES Copyright Arbitration Royalty Panel rules and procedures:

Noncommercial educational broadcasting compulsory license; rate adjustments, 77170-77173 02-31620 Customs Customs Service NOTICES Automatic program test: Vessel Automated Manifest System; electronic transmission of cargo declaration information; modifications, 77318-77320 02-31623 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 77241-77242 02-31645 Grants and cooperative agreements; availability, etc.: Postsecondary Education Improvement Fund, 77242-77246 02-31690 02-31691 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Catalysis science research, 77246-77248 02-31649 EPA Environmental Protection Agency PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: California, 77196-77220 02-31665 02-31679 02-31680 NOTICES Grants and cooperative agreements; availability, etc.: Chesapeake Bay Program, 77256 02-31670 National Brownfields Job Training Program, 77255-77256 02-31677 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Sensors, Inc., et al., 77256-77257 02-31671 Water pollution; discharge of pollutants (NPDES): Massachusetts— Reverse osmosis reject water discharges; general permit, 77258-77271 02-31465 Water pollution control: Total maximum daily loads— Mermentau and Vermilion/Teche river basins, LA, 77257-77258 02-31678 Water supply: Public water supply supervision program— Tennessee, 77271-77272 02-31676 FAA Federal Aviation Administration PROPOSED RULES Air traffic operating and flight rules, etc.:

Area navigation and miscellaneous amendments, 77325-77348 02-31150 FCC Federal Communications Commission RULES Common carrier services: Wireless telecommunications services—- Cellular radiotelephone and other services; biennial review, 77175-77192 02-31382 Emergency Alert System Correction, 77174-77175 02-31712 Practice and procedure: Regulatory fees (2001 FY); assessment and collection, 77173-77174 02-31711 PROPOSED RULES Common carrier services: International Settlements Policy reform and international settlement rates, 77220 02-31604 Digital television stations; table of assignments:

North Carolina and South Carolina, 77220-77221 02-31715 Radio and television broadcasting: Broadcast and cable EEO rules and policies— Part-time employee classification, 77373-77398 02-31762 NOTICES Common carrier services: Telecommunications relay services— State certification and renewal applications, 77272-77273 02-31714 Wireless telecommunications services— Cellular unserved service areas; licenses auction; notice and filing requirements, etc., 77273-77281 02-31634 Multichannel video distribution and data service licenses; auction, 77281 02-31716 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

California Independent System Operator Co. et al., 77248-77249 02-31637 San Diego Gas & Electric Co. et al., 77249-77250 02-31636 Meetings; Sunshine Act, 77250-77254 02-31816 02-31817 Practice and procedure: Off-the-record communications, 77254-77255 02-31579 *Applications, hearings, determinations, etc.:* Consolidated Edison Co. of New York, Inc.; correction, 77223 C2-31087 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 77281 02-31846 FTC Federal Trade Commission NOTICES Fair Credit Reporting Act:

Disclosure charges, 77282 02-31646 Meetings: Weight lost products advertising; workshop, 77282-77283 02-31647 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 77286-77287 02-31641 Natural resource damage assessment plans; availability, etc.: Saint Louis River Interlake/Duluth Tar Superfund Site, MN, 77287-77288 02-31638 Forest Forest Service NOTICES Environmental statements; notice of intent: Plumas National Forest, CA, 77222 02-31639 Health Health and Human Services Department See Children and Families Administration See National Institutes of Health See Public Health Service PROPOSED RULES Grants:

Substance Abuse Prevention and Treatment Block Grant and Projects for Assistance in Transition from Homelessness Programs; charitable choice provisions, 77349-77360 02-31673 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 77285-77286 02-31702 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International International Trade Administration NOTICES 2008 Beijing Olympics; projects participation; mailing list development for U.S. companies, 77222 02-31710 Antidumping:

Refined brown aluminum oxide from— China, 77223-77225 02-31628 Silicon metal from— Brazil, 77225-77227 02-31625 Tin mill products from— Japan, 77227-77230 02-31626 Antidumping and countervailing duties: Administrative review requests, 77222-77223 02-31627 Justice Justice Department See Juvenile Justice and Delinquency Prevention Office See Prisons Bureau NOTICES Agency information collection activities: Submission for OMB review; comment request, 77289-77290 02-31662 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Grants and cooperative agreements; availability, etc.:

Promising Programs for Substance Abuse Prevention; Replication and Evaluation Initiative, 77290 02-31689 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.: Nevada, 77288-77289 02-31664 Library Library of Congress See Copyright Office, Library of Congress National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Technical amendments, 77193 02-31598 NIH National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

Mechanical and biological treatments development in interventional cardiovascular medicine using x-ray fluoroscopy and real-time magnetic resonance imaging, 77283 02-31630 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 77193-77195 02-31699 NOTICES Grants and cooperative agreements; availability, etc.: Chesapeake Bay Watershed; environmental education projects, 77230-77235 02-31697 Gulf of Mexico and off U.S.

South Atlantic Coastal States; research and development projects, 77235-77240 02-31698 Meetings: Gulf of Mexico Fishery Management Council, 77240-77241 02-31692 02-31693 02-31694 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 77291 02-31868 *Applications, hearings, determinations, etc.:* Portland General Electric Co., 77290-77291 02-31663 Occupational Occupational Safety and Health Administration RULES Occupational injuries and illnesses; recording and reporting requirements Musculoskeletal disorders and hearing loss; effective date delay, 77165-77170 02-31619 Personnel Personnel Management Office NOTICES Agency information collection activities:

Proposed collection; comment request, 77291-77292 02-31642 02-31643 Submission for OMB review; comment request, 77292 02-31644 Prisons Prisons Bureau RULES Inmate control, custody, care, etc.: Incoming publications; softcover materials, 77161-77164 02-31310 Public Public Health Service See National Institutes of Health NOTICES Reports and guidance documents; availability, etc.: National Toxicology Program— Carcinogens, Tenth Edition, 77283-77285 02-31629 Railroad Railroad Retirement Board RULES Railroad Retirement Act:

Reconsideration and appeals requests; procedures clarification, 77152-77158 02-31640 SEC Securities and Exchange Commission NOTICES Securities: Suspension of trading— e-Smart Technologies, Inc., 77292-77293 02-31842 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 77293-77294 02-31655 Chicago Board Options Exchange, Inc., 77295-77297 02-31653 Chicago Mercantile Exchange, 77297-77300 02-31652 National Association of Securities Dealers, Inc., 77301-77309 02-31650 02-31651 Pacific Exchange, Inc., 77309-77310 02-31654 Special Special Counsel Office NOTICES Organization, functions, and authority delegations:

Dallas Field Office, TX; address change, 77310-77311 02-31648 State State Department RULES Exchange visitor program: Foreign medical graduates; two-year home-country physical presence requirement waiver; correction, 77159-77160 02-31484 Visas; immigrant and nonimmigrant documentation: Uncertified foreign health-care workers, 77158-77159 02-31603 Visas; immigrant documentation: Registration; definition, 77160-77161 02-31686 NOTICES Art objects; importation for exhibition: Origins of the Russian Avant-Garde, 77311 02-31688 Foreign terrorists and terrorist organizations; designation:

Moroccan Islamic Combatant Group, 77311 02-31687 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: RailAmerica, Inc., et al., 77315 02-31683 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Privacy Act: Systems of records, 77311-77315 02-31594 Treasury Treasury Department See Customs Service NOTICES Privacy Act:

Computer matching programs, 77315-77316 02-31587 Systems of records, 77316-77318 02-31261 Veterans Veterans Affairs Department NOTICES Agency information collection activities: Proposed collection; comment request, 77320-77321 02-31704 02-31705 Submission for OMB review; comment request, 77321-77322 02-31706 77322 02-31707 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 77325-77348 02-31150 Part III Health and Human Services Department, 77349-77360 02-31673 Part IV Health and Human Services Department, Children and Families Administration, 77361-77366 02-31674 Part V Health and Human Services Department, Children and Families Administration, 77367-77371 02-31675 Part VI Federal Communications Commission, 77373-77398 02-31762 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. 67 242 Tuesday, December 17, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 27 [Doc. CN-01-004] RIN 0581-ACOO Revision of Regulations for Determining Price Quotations for Spot Cotton AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service is amending the regulations concerning designation of the spot markets used to calculate differences for tenderable qualities delivered against cotton futures contracts. The re-designated spot markets will better reflect the trading value of tenderable qualities. Presently, regulations provide for the Secretary of Agriculture to determine and designate spot markets from which spot cotton price information can be collected.

Currently, there are seven designated markets that qualify under the Cotton Futures Act requirements and five of those are designated to determine differences for the settlement of futures contracts. The Commodity Futures Trading Commission, in an effort to better reflect market transparency, approved a request from the New York Board of Trade that the spot markets used to calculate commercial differences in Cotton Futures Exchange deliveries be re-designated. The requested changes were as follows: replace the South Delta quote with the West Texas quote; and replace the North Delta quote with the average of the combined North and South Delta quotes.

Including West Texas quotes and combining and averaging North and South Delta quotes provides a more accurate reflection of cotton that is traded for cotton futures contracts. EFFECTIVE DATE: April 1, 2003. FOR FURTHER INFORMATION CONTACT: Norma McDill, Deputy Administrator, Cotton Program, AMS, USDA, STOP 0224, 1400 Independence Avenue, SW., Washington, DC 20250-0224. Telephone

(202)720-2145, facsimile

(202)690-1718, or e-mail *norma.mcdill@usda.gov.* SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was published in the **Federal Register** on July 23, 2002, (67 FR 48050). A 90-day comment period was provided for interested persons to respond to the proposed rule. No comments were received and no changes have been made in the provisions of the final rule. Executive Order 12866 This rule was determined to be not significant for purposes of Executive Order 12866, and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. This final rule would not preempt any state or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ), AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small entities. The New York Cotton Future Market traders include the entire cotton industry: farmers, merchants, and textile mill owners. There are an estimated 3,000 traders. This final rule would affect all such traders. The majority of the traders are small businesses under the criteria established by the Small Business Administration. Amending the regulations to change the designated spot markets for determining tenderable differences will not significantly affect small businesses as defined under the RFA because:

(1)The information gathered will be more reflective of the cotton traded for cotton futures contracts and add more transparency to the market;

(2)The competitive position or market access of small entities in the cotton industry would not be affected;

(3)No new costs would be imposed on the affected industry. Paperwork Reduction Act In compliance with Office of Management and Budget

(OMB)regulations (5 CFR part 1320) which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ) the information collection requirements contained in the regulation to be amended have been previously approved by OMB and were assigned control number 0581-0029 under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). Background The Secretary of Agriculture is authorized under the U.S. Cotton Futures Act (7 U.S.C. 15b) to make such regulations as determined necessary to carry out the provisions of the Act. The Act provides for the designation of at least five bona fide spot markets from which spot cotton price information can be collected. Presently, there are seven such designated markets that qualify under the Cotton Futures Act requirements. The seven designated markets are as follows: Southeastern, North Delta, South Delta, East Texas and Oklahoma, West Texas, Desert Southwest and San Joaquin Valley. For the purposes of determining settlement of futures contracts five of the seven spot markets are used. They are Southeastern, North Delta, South Delta, East Texas and Oklahoma, and Desert Southwest. The Cotton Program of the Agricultural Marketing Service provides market information from these spot markets under the Cotton Statistics and Estimates Act (7 U.S.C. 473b) and the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(g)). The Commodity Futures Trading Commission, in an effort to better reflect market transparency, approved a request from the New York Board of Trade to change the spot markets used to calculate commercial differences in Cotton Futures Exchange deliveries. This final rule would change the designation of the spot markets which are used daily to calculate price differences for cotton futures contracts. The current designations were published in the **Federal Register** on August 4, 1988 (53 FR 29327). As previously stated, differences are quoted for those qualities of cotton which are tenderable on active futures contracts in five designated markets. These differences are averaged to obtain the differences quoted for futures settlement. This final rule would provide that differences would continue to be quoted for those qualities of cotton which are tenderable on active futures contracts in all of the five markets currently designated for this purpose. However, the West Texas spot market would be added as a bone fide spot market for the settlement of futures contracts, and the North Delta and South Delta spot markets would be combined and averaged together when used for this purpose of calculating differences of tenderable qualities for the settlement of futures contracts. This final rule would change the calculation of differences of tenderable qualities for the settlement of futures contracts to be the average of the differences of

(1)the Southeastern spot market;

(2)the East Texas/Oklahoma spot market;

(3)the West Texas spot market;

(4)the Desert Southwest spot market; and

(5)the combination and averaging of the North Delta and South Delta spot markets. The remaining designated spot markets would not change. These modifications are expected to more accurately reflect the trading value of tenderable cotton on futures contracts and add more transparency in the market. List of Subjects in 7 CFR Part 27 Commodity futures, cotton. For the reasons set forth in the preamble, 7 CFR Part 27 is revised as follows: PART 27—[AMENDED] 1. The authority citation for 7 CFR Part 27 continues to read as follows: Authority: 7 U.S.C. 15b, 7 U.S.C. 4736, 7 U.S.C. 1622(g). 2. In § 27.94, paragraph

(a)is revised to read as follows: § 27.94 Spot markets for contract settlement purposes.

(a)For cotton delivered in settlement of any No. 2 contract on the New York Cotton Exchange: Southeastern, North and South Delta, Eastern Texas and Oklahoma, West Texas, and Desert Southwest. Dated: December 10, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-31633 Filed 12-16-02; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code

3 references not yet in our index