Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2002-12-23.xml --- 67 246 Monday, December 23, 2002 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Food Safety and Inspection Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Plant related quarantine; domestic: Mexican fruit fly, 78127-78128 02-32178 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Children Children and Families Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 78233-78234 02-32183 Commerce Commerce Department See International Trade Administration Copyright Copyright Office, Library of Congress RULES Copyright office and procedures: Transfers and licenses of copyright granted in or after 1978; notices of termination, 78176-78178 02-32414 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 78220-78221 02-32214 Employment Employment and Training Administration NOTICES Adjustment assistance:

Alfred Dunner Inc., 78252 02-32233 Jean Michael's Inc., 78252 02-32229 Nortel Networks, 78252-78253 02-32234 SPX Valves & Controls, 78253 02-32230 VF Jeanswear L.P., 78253 02-32231 Adjustment assistance and NAFTA transitional adjustment assistance: Circuit Center, Inc., et al., 78255-78257 02-32235 Juno, Inc., et al., 78257-78259 02-32236 NAFTA transitional adjustment assistance: Bristol Bay Native Association, 78253-78255 02-32219 02-32220 02-32227 02-32228 Nortel Networks, 78259-78260 02-32232 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Massachusetts, 78179-78181 02-32129 Utah, 78181-78191 02-32259 PROPOSED RULES Air pollutants, hazardous; national emission standards: Iron and steel foundries, 78273-78316 02-31234 Water supply: National primary drinking water regulations— Arsenic standard; clarification, 78203-78209 02-32376 NOTICES Agency information collection activities: Proposed collection; comment request, 78227-78228 02-32262 Air pollution control: State operating permits programs— Wyoming, 78228-78229 02-32261 Pesticide, food, and feed additive petitions:

International Research Project (No. 4), 78229-78232 02-32260 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 78232-78233 02-32373 Farm Farm Service Agency RULES Program regulations: Business and industry loans; rural area definition revision, 78128-78130 02-32241 FAA Federal Aviation Administration RULES Airworthiness directives: Air Tractor, Inc., 78156-78158 02-31998 Bell, 78153-78156 02-31752 PROPOSED RULES Air carrier certification and operations:

Transport category airplanes— Passenger and flight attendant seats; improved crashworthiness; correction, 78196 02-32144 FCC Federal Communications Commission RULES Digital television stations; table of assignments; Alabama, 78191 02-32282 Texas, 78191-78192 02-32283 02-32286 Virgin Islands, 78192-78193 02-32287 Radio broadcasting: Digital audio systems; impact on terrestrial radio service, 78193-78195 02-32212 Television stations; table of assignments: Texas, 78192 02-32285 PROPOSED RULES Common carrier services:

Wireless telecommunications services— Advanced wireless services; service rules, 78209-78215 02-32213 Digital television stations; table of assignments: Wyoming, 78215-78216 02-32284 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Enron Europe Operation (Advisor) Ltd. et al., 78223-78225 02-32297 Hydroelectric applications, 78226 02-32208 Meetings: Alternative dispute resolution workshop, 78226-78227 02-32207 MISO-PJM-SPP reliability seams workshop, 78227 02-32206 *Applications, hearings, determinations, etc.:* California Independent System Operator Corp., 78221 02-32202 Commonwealth Edison Co. et al., 78221 02-32203 Duquesne Light Co., 78221-78222 02-32204 FirstEnergy Solutions Corp. et al., 78222 02-32199 Liberty Electric Power, LLC, 78222 02-32205 Mojave Pipeline Co., 78222-78223 02-32209 New York Independent System Operator, Inc., 78223 02-32201 Tenaska Power Services Co., 78223 02-32200 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Westchester and Rockland Counties, NY, 78267-78268 02-32258 Federal Reserve Federal Reserve System NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 78233 02-32185 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Cahaba River National Wildlife Refuge, AL, 78238 02-32210 Red River National Wildlife Refuge, LA, 78238 02-32211 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

No residue; definition revision, 78172-78174 02-32216 Human drugs: Cold, cough, allergy, bronchodilator, and antiasthmatic products (OTC)— Combination products; final monograph, 78158-78172 02-32158 NOTICES Agency information collection activities: Submission for OMB review; comment request, 78234-78235 02-32160 Human drugs: New drug applications— SoloPak Laboratories, Inc.; approval withdrawn; correction, 78235 02-32161 Meetings: Cardiovascular and Renal Drugs Advisory Committee, 78235 02-32159 Food Food Safety and Inspection Service NOTICES Meetings:

Codex Alimentarius Commission— Food Hygiene Codex Committee, 78217-78218 02-32242 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department See Substance Abuse and Mental Health Services Administration Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 78235-78237 02-32000 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service RULES Income taxes:

Controlled foreign partnerships; filing requirements, 78174-78176 02-32152 PROPOSED RULES Income taxes: Controlled foreign partnerships; filing requirements; cross-reference, 78202-78203 02-32151 NOTICES Agency information collection activities: Proposed collection; comment request, 78269-78271 02-32153 02-32154 02-32155 02-32156 International International Trade Administration NOTICES Antidumping and countervailing duties: Administrative review requests, 78219-78220 02-32428 Justice Justice Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 02-32248 02-32249 02-32250 78251-78252 02-32251 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.: Nevada, 78238-78239 02-32188 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Phoenix Systems International, Inc., 78260 02-32179 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 78268-78269 02-32184 National Park National Park Service NOTICES Concession contracts and permits: Expiring contracts; extension, 02-32163 78239-78242 02-32164 02-32167 02-32168 Environmental statements; notice of intent: Canaveral National Seashore, FL; general management plan, 78242 02-32169 Dayton Aviation Heritage National Historic Park, OH; general management plan, 78242-78243 02-32170 National Register of Historic Places: Pending nominations, 78244-78247 02-32171 02-32172 02-32173 Native American human remains and associated funerary objects:

Reclamation Bureau, Central Arizona Project Repository and Phoenix Area Office, AZ— Inventory from various sites in Arizona; correction, 78247-78248 02-32177 University of Nevada, Marjorie Barrick Museum of Natural History, Las Vegas, NV— Hopi Kachina Dance Masks, 78248 02-32176 Williamson Museum, Northwestern State University, LA— Inventory from Colfax Ferry site, Rapids Parish, LA, 78248-78249 02-32175 Realty actions; sales, leases, etc.: North Carolina, 78249 02-32237 Reports and guidance documents; availability, etc.:

Floodplain management; policy and procedures; Director's Order, 78244 02-32239 Nuclear Nuclear Regulatory Commission RULES Material control and accounting regulations; reporting requirements, 78130-78150 02-32247 NOTICES Environmental statements; availability, etc.: University of Pennsylvania, 78261-78262 02-32246 Memorandums of understanding: Food and Drug Administration; medical devices, drugs, and biological products utilizing byproduct, source, or special nuclear material; regulatory programs, 78262 02-32245 *Applications, hearings, determinations, etc.:* Bilinsky, John Todd, 78260-78261 02-32244 Plateau Resources Ltd., 78262-78263 02-32243 Postal Postal Service RULES Domestic Mail Manual:

Refunds of unused meter stamps and returned business reply mail mailpieces with postage affixed; administrative charges, 78178 02-32181 NOTICES Reports and guidance documents; availability, etc.: Alternative fuel vehicle acquisition requirements, 78263 02-32180 Presidential Presidential Documents ADMINISTRATIVE ORDERS Iraq; designation of democratic opposition organizations under the Iraq Liberation Act of 1998 (Presidential Determination No. 2003-05 of December 7, 2002), 78121 02-32420 Iraq; drawdown assistance for certain opposition groups (Presidential Determination No. 2003-06 of December 7, 2002), 78123 02-32421 Jerusalem Embassy Act; suspension of security funding limitations (Presidential Determination No. 2003-08 of December 13, 2002), 78125 02-32422 EXECUTIVE ORDERS Government agencies and employees:

Closing of Executive agencies and departments for half-day on December 24 (EO 13281), 78317-78319 02-32518 Public Public Health Service See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Rural Rural Business-Cooperative Service RULES Program regulations: Business and industry loans; rural area definition revision, 78128-78130 02-32241 NOTICES Agency information collection activities: Proposed collection; comment request, 02-32191 78218-78219 02-32192 02-32193 Rural Rural Housing Service RULES Program regulations:

Business and industry loans; rural area definition revision, 78128-78130 02-32241 Rural Rural Utilities Service RULES Program regulations: Business and industry loans; rural area definition revision, 78128-78130 02-32241 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 78264-78265 02-32186 SBA Small Business Administration NOTICES Disaster loan areas: Alaska, 78265 02-32254 North Carolina, 78265-78266 02-32252 Ohio, 78266 02-32253 Social Social Security Administration PROPOSED RULES Social security benefits and supplemental security income:

Federal old-age, survivors, and disability benefits, and aged, blind, and disabled— Multiple body system impairments; medical criteria evaluation, 78196-78202 02-32217 NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 78266 02-32218 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Mental Health, President's New Freedom Commission, 78237-78238 02-32162 TVA Tennessee Valley Authority NOTICES Environmental statements; notice of intent:

Tennessee; electric generation baseload capacity addition, 78266 02-32187 Thrift Thrift Supervision Office RULES Technical amendments, 78150-78153 02-32148 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 78269 02-32189 Separate Parts In This Issue Part II Environmental Protection Agency, 78273-78316 02-31234 Part III Presidential Documents, 78317-78319 02-32518 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. 67 246 Monday, December 23, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-121-1] Mexican Fruit Fly; Addition of Regulated Area AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the Mexican fruit fly regulations by designating a portion of Los Angeles County, CA as a regulated area and restricting the interstate movement of regulated articles from that area. This action is necessary to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. DATES: This interim rule was effective December 13, 2002. We will consider all comments that we receive on or before February 21, 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. 02-121-1, 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. 02-121-1. 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. 02-121-1” 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: Mr. Stephen A. Knight, Senior Staff Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-8247. SUPPLEMENTARY INFORMATION: Background The Mexican fruit fly ( *Anastrepha ludens* ) is a destructive pest of citrus and many other types of fruit. The short life cycle of the Mexican fruit fly allows rapid development of serious outbreaks that can cause severe economic losses in commercial citrus-producing areas. The Mexican fruit fly regulations, contained in 7 CFR 301.64 through 301.64-10 (referred to below as the regulations), were established to prevent the spread of the Mexican fruit fly to noninfested areas of the United States. The regulations impose restrictions on the interstate movement of regulated articles from the regulated areas. Prior to the effective date of this rule, the only areas regulated for the Mexican fruit fly were portions of Texas. Section 301.64-3 provides that the Deputy Administrator for Plant Protection and Quarantine (PPQ), Animal and Plant Health Inspection Service (APHIS), shall list as a regulated area each quarantined State, or each portion of a quarantined State, in which the Mexican fruit fly has been found by an inspector, in which the Deputy Administrator has reason to believe the Mexican fruit fly is present, or that the Deputy Administrator considers necessary to regulate because of its proximity to the Mexican fruit fly or its inseparability for quarantine enforcement purposes from localities in which the Mexican fruit fly occurs. Less than an entire quarantined State is designated as a regulated area only if the Deputy Administrator determines that the State has adopted and is enforcing a quarantine or regulation that imposes restrictions on the intrastate movement of the regulated articles that are substantially the same as those that are imposed with respect to the interstate movement of the articles and the designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of the Mexican fruit fly. Recent trapping surveys by inspectors of California State and county agencies and by APHIS inspectors reveal that a portion of Los Angeles County, CA, is infested with the Mexican fruit fly. Accordingly, to prevent the spread of the Mexican fruit fly to noninfested areas of the United States, we are amending the regulations in § 301.64-10 by designating that portion of Los Angeles County, CA, as a regulated area for the Mexican fruit fly. The regulated area is described in detail in the rule portion of this document. The Deputy Administrator has determined that it is not necessary to designate the entire State of California as a regulated area. Emergency Action This rulemaking is necessary on an emergency basis to prevent the Mexican fruit fly from spreading to noninfested areas of the United States. 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 rule 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. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This rule restricts the interstate movement of regulated articles from an area in Los Angeles County, CA. Within the regulated area there are approximately 389 small entities that may be affected by this rule. These include 351 fruit sellers, 3 growers, 33 nurseries, 1 certified farmers' market, and 1 swapmeet. These 389 entities comprise less than 1 percent of the total number of similar entities operating in the State of California. Additionally, these small entities sell regulated articles primarily for local intrastate, not interstate movement, so the effect, if any, of this regulation on these entities appears to be minimal. The effect on those few entities that do move regulated articles interstate will be minimized by the availability of various treatments that, in most cases, will allow these small entities to move regulated articles interstate with very little additional cost. 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 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. ( *See* 7 CFR part 3015, subpart V.) 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 inconsistent 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. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this interim rule. The site-specific environmental assessment provides a basis for the conclusion that the implementation of integrated pest management to eradicate the Mexican fruit fly will not have a significant impact on human health and the natural environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with:

(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),

(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),

(3)USDA regulations implementing NEPA (7 CFR part 1b), and

(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). Copies of the environmental assessment and finding of no significant impact are available for public inspection in our reading room (information on the location and hours of the reading room is provided under the heading ADDRESSES at the beginning of this document). In addition, copies may be obtained from the individual listed under FOR FURTHER INFORMATION CONTACT. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. In § 301.64-3, paragraph

(c)is amended by adding, in alphabetical order, an entry for California to read as follows: § 301.64-3 Regulated areas.

(c)* * * California *Los Angeles County.* That portion of the county in the Monterey Park area bounded by a line as follows: Beginning at the intersection of Valley Boulevard and Peck Road; then south along Peck Road to its intersection with Workman Mill Road; then southwest along Workman Mill Road to its intersection with Norwalk Boulevard; then southwest along Norwalk Boulevard to its intersection with Whittier Boulevard; then northwest along Whittier Boulevard to its intersection with Passons Boulevard; then southwest along Passons Boulevard to its intersection with Washington Boulevard; then northwest along Washington Boulevard to its intersection with Paramount Boulevard; then southwest along Paramount Boulevard to its intersection with East Slauson Avenue; then west along East Slauson Avenue to its intersection with U.S. Interstate 710; then northwest along U.S. Interstate 710 to its intersection with U.S. Interstate 5; then northwest along U.S. Interstate 5 to its intersection with South Indiana Street; then north along South Indiana Street to its intersection with North Indiana Street; then north along North Indiana Street to its intersection with Cesar Chavez Avenue; then northwest along Cesar Chavez Avenue to its intersection with North Soto Street; then north along North Soto Street to its intersection with North Huntington Drive; then northeast along North Huntington Drive to its intersection with Del Mar Avenue; then south along Del Mar Avenue to its intersection with East Longden Drive; then east along East Longden Drive to its intersection with Longden Drive; then east along Longden Drive to its intersection with Encinita Avenue; then south along Encinita Avenue to its intersection with Las Tunas Drive; then east along Las Tunas Drive to its intersection with Temple City Boulevard; then south along Temple City Boulevard to its intersection with Olive Street; then east along Olive Street to its intersection with Baldwin Avenue; then south along Baldwin Avenue to its intersection with Lower Azusa Road; then east along Lower Azusa Road to its intersection with Arden Drive; then south along Arden Drive to its intersection with Valley Boulevard; then southeast along Valley Boulevard to the point of origin. Done in Washington, DC, this 13th day of December 2002 . Bobby R. Acord, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-32178 Filed 12-20-02; 8:45 am]

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