Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-01-10.xml --- 68 7 Friday, January 10, 2003 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Grants and cooperative agreements; availability, etc.: Public Health Conference Support Program, 1463-1467 03-486 Agricultural Agricultural Marketing Service RULES Fresh cut flowers and greens promotion and information order; termination, 1364-1366 03-453 Oranges and grapefruit grown in— Texas, 1362-1364 03-454 Plant Variety Protection Office; fee increase, 1359-1360 03-452 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service NOTICES Emergency declarations:

California; exotic Newcastle disease; backyard poultry, 1432 03-492 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Oriental fruit fly, 1360-1362 03-491 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Mountain Health Care, 1478-1482 03-503 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Public Health Conference Support Program, 1463-1467 03-486 Centers Centers for Medicare & Medicaid Services RULES Medicare and Medicaid: Fire safety standards for certain health care facilities, 1374-1388 03-273 NOTICES Agency information collection activities: Proposed collection; comment request, 1467-1468 03-482 Submission for OMB review; comment request, 1468 03-483 Coast Guard Coast Guard RULES Drawbridge operations: Massachusetts, 1366 03-484 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office See Technology Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Agency information collection activities:

Submission for OMB review; comment request, 1433-1434 03-506 03-507 Procurement list; additions and deletions, 1434-1436 03-504 03-505 Comptroller Comptroller of the Currency PROPOSED RULES Community and economic development entities, community development projects, and other public welfare investments, 1394-1399 03-362 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 1443 03-647 Defense Defense Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 1443-1444 03-449 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 1444 03-531 Submission for OMB review; comment request, 1444-1445 03-530 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Rehabilitation Engineering Research Centers Program, 1445-1448 03-529 Employment Employment and Training Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 1482-1483 03-527 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 1483-1484 03-280 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent: Nevada Test Site, NV; Wind Farm; withdrawn, 1448 03-499 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

Indiana, 1370-1373 03-282 Air quality implementation plans; approval and promulgation; various States: Ohio, 1366-1370 03-336 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Indiana, 1414 03-283 NOTICES Agency information collection activities: Proposed collection; comment request, 1454-1458 03-516 Environmental statements; availability, etc.: Agency statements— Weekly receipts, 1458 03-528 Meetings:

Environmental Policy and Technology National Advisory Council, 1458-1459 03-619 FAA Federal Aviation Administration RULES Noise certification standards: Subsonic jet airplanes and subsonic transport category large airplanes; correction, 1512 C2-15835 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities: Submission for OMB review; comment request, 1459-1460 03-472 Disaster and emergency areas: Alaska, 1460-1461 03-474 03-475 Guam, 1461 03-476 03-477 Northern Mariana Islands, 1461-1462 03-478 03-479 03-480 Meetings:

National Fire Academy Board of Visitors, 1462 03-473 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Canadian Niagara Power Co., Ltd., et al., 1452-1453 03-471 Hydroelectric applications, 1453-1454 03-467 *Applications, hearings, determinations, etc.:* Cargill Power Markets, LLC, 1448-1449 03-466 Chandeleur Pipe Line Co., 1449 03-469 Gulf South Pipeline Co., LP, 1450 03-470 Janke, Williard, et al., 1450 03-468 Northwest Pipeline Corp., 1450-1452 03-465 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Scott and Carver Counties, MN, 1507-1508 03-445 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control; correction, 1463 03-448 Permissible nonbanking activities, 1463 03-447 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 1511 03-601 Fish Fish and Wildlife Service RULES Migratory bird hunting: Tungsten-iron-nickel-tin shot approval as nontoxic for waterfowl and coots hunting, 1388-1392 03-518 Food Food and Drug Administration NOTICES Human drugs:

New drug applications— REZULIN (troglitazone); approval withdrawn, 1469 03-493 Reports and guidance documents; availability, etc.: Medical devices— User fee rates and interim procedures; correction, 1469 03-494 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Madera County, 1433 03-488 Ravalli County, 1432-1433 03-487 Tehama County, 1432 03-481 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 1474-1475 03-358 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Jamul Indian Village 101-Acre Fee-to-Trust Transfer and Casino Project, CA, 1475 03-517 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping: Cut-to-length carbon steel plate from— Ukraine, 1438-1439 03-526 Cut-to-length carbon steel plate products from— Japan, 1436-1438 03-524 Fresh crawfish tail meat from— China, 1439-1441 03-525 Export trade certificates of review, 1441-1442 03-451 International International Trade Commission NOTICES Meetings;

Sunshine Act, 1478 03-659 Justice Justice Department See Antitrust Division Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; notice of intent: Clark County Regional Flood Control District, NV; Flood Control Master Plan, 1475-1476 03-594 Mine Mine Safety and Health Administration NOTICES Safety standard petitions:

Monterey Coal Co. et al., 1484-1486 03-446 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: International Exhibitions Federal Advisory Committee, 1486 03-519 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety stanards: Event data recorders, 1508 03-501 Reports and guidance documents; availability, etc.: Child restraints; child safety seat registration evaluation; review; technical report, 1508-1509 03-463 NIH National Institutes of Health NOTICES Agency information collection activities:

Submission for OMB review; comment request, 1469-1470 03-439 Meetings: National Institute of Allergy and Infectious Diseases, 1470 03-440 National Institute of Mental Health, 1471 03-442 National Institute on Aging, 1471-1472 03-443 03-444 National Institute on Alcohol Abuse and Alcoholism, 1470-1471 03-441 National Labor National Labor Relations Board NOTICES Meetings; Sunshine Act, 1486 03-612 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— North Pacific Groundfish Observer Program; correction, 1392-1393 03-521 International fisheries regulations: Northwest Atlantic Fisheries Organization Regulatory Area; fish quotas and effort allocation; correction, 1392 03-522 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic tunas, swordfish, and sharks, and Atlantic billfish; exempted fishing activities, 1430-1431 03-520 Marine mammals:

Commercial fishing authorizations— Fisheries categorized according to frequency of incidental takes; 2003 list, 1414-1430 03-523 National Park National Park Service NOTICES Environmental statements; availability, etc.: Lake Mead National Recreation Area, NV; lake management plan, 1476-1478 03-118 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 1486-1487 03-450 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.:

Nuclear Material Safety and Safeguards Office; consolidated decommissioning guidance; financial assurance, recordkeeping, and timeliness, 1487-1488 03-495 *Applications, hearings, determinations, etc.:* Dominion Nuclear Connecticut, Inc., 1487 03-496 Occupational Occupational Safety and Health Administration PROPOSED RULES Safety and health standards: Commercial diving operations, 1399-1414 03-372 Patent Patent and Trademark Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 1442-1443 03-500 Public Public Health Service See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Van Kampen Funds Inc. et al., 1489-1490 03-461 Order applications— Gladstone Capital Corp., 1490-1492 03-462 Meetings;

Sunshine Act, 1492-1493 03-667 03-668 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 1493-1495 03-458 03-459 New York Stock Exchange, Inc., 1495-1497 03-497 Philadelphia Stock Exchange, Inc., 1497-1505 03-456 03-457 03-460 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 1488-1489 03-498 SBA Small Business Administration NOTICES Disaster loan areas: Alaska, 1505 03-508 Guam, 1505 03-513 New York, 1505 03-511 North Carolina, 1505 03-510 Northern Mariana Islands, 1505 03-509 Texas, 1506 03-512 State State Department NOTICES Meetings:

Great Lakes Basin; water uses; hearings, 1506 03-502 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 1472-1473 03-490 Submission for OMB review; comment request, 1473-1474 03-489 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: East West Resorts Transportation LLC et al., 1510 03-398 Railroad services abandonment: Union Pacific Railroad Co., 1510-1511 03-397 Technology Technology Administration NOTICES Senior Executive Service:

Performance Review Board; membership, 1443 03-485 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 1506-1507 03-644 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency 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. 68 7 Friday, January 10, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 97 [Docket ST-02-01] RIN 0581-AC22 Plant Variety Protection Office, Fee Increase AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is increasing Plant Variety Protection

(PVP)Office application, search, and certificate issuance fees by approximately 35 percent. The last fee increase in September 2000 is no longer adequate to cover current program obligations for administrative and information technology needs. The PVP Act requires that reasonable fees be collected from applicants seeking certification of protection in order to maintain the program. EFFECTIVE DATE: February 10, 2003. FOR FURTHER INFORMATION CONTACT: Fabian Q. Generao, USDA, AMS, Science and Technology, 14th & Independence Avenue, Room 3521-South Bldg., Washington, DC 20250, Tel. 202/720-0195, Fax. 202/720-4631 SUPPLEMENTARY INFORMATION: 1. Executive Order 12866 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 (OMB). II. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 670 *et seq.* ), the Agricultural Marketing Service

(AMS)has considered the economic impact of this action on small business entities. There are more than 800 users of the PVP, of whom about 100 may file applications in a given year. Some of these users are small business entities under the criteria established by the Small Business Administration (13 CFR 121.201). The AMS has determined that this action would not have a significant economic impact on a substantial number of these small business entities. The Plant Variety Protection

(PVP)Office administers the PVP Act of 1970 (7 U.S.C. 2321 *et seq.,* ), and issues Certificates of Protection that provide intellectual property rights to developers of new varieties of plants. A Certificate of Protection is awarded to an owner of a variety after examination indicates that it is new, distinct from other varieties, genetically uniform, and stable through successive generations. This action will raise the fee charged to users of plant variety protection. The AMS estimates that the rule will yield an additional $270,000 during fiscal year

(FY)2003. The costs to private and public business entities will be proportioned to their use of the service, and shared equitably. The costs to individual users will be increased by 35 percent, or about $1,059.00 per application. Plant Variety Protection is a voluntary service. Any decision by developers to discontinue to the use of plant variety protection will not hinder private and public entities from marketing their varieties in commercial markets. Every year, AMS reviews it user fee financial program to determine their fiscal condition. In the most recent review of the PVP program, the cost analysis indicated that the existing fee schedule will not generate sufficient revenues to cover program services and obligations while maintaining an adequate program reserve balance. From 1995 and through 2002, the PVP Office absorbed accumulated national and locality salary increases for Federal employees totaling 36 and 19 percent, respectively. These costs were offset by a fee increase of only 10 percent in September 2000. AMS calculated the new fee schedule by projecting FY 2002 revenues of $903,000 and program obligations of $1,231,000. This indicates a projected loss to the program of $328,000 for FY 2003. At this rate, the trust fund balance would be nearly depleted by the end of FY 2004. With a fee increase of 35 percent, FY 2003 revenues and expenditures are projected to be $1,041,000 and $1,189,000, respectively. The trust fund balance is expected to be maintained at the FY 2003 level of $853,000, which satisfies Agency requirements. III. Civil Justice Reform This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect, nor will it preempt any state or local laws, regulations, or policies, unless they present an irreconcilable conflict with the proposed rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of the rule. IV. Paperwork Reduction Act This rule does not contain any information collection or record keeping requirements that are subject to the Office of Management and Budget approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Background Information The PVP Program is a voluntary, user fee-funded service, conducted under the Authority of the Plant Variety Protection Act (7 U.S.C. 2321 *et seq.* ). The Act authorizes the Secretary of Agriculture to provide intellectual property rights that facilitate marketing of new varieties of seed-propagated crops and potatoes. The Act also requires that reasonable fees be collected from the users of the services to cover the costs of maintaining the program. On August 2, 2000, AMS published a rule in the **Federal Register** (65 FR 47243) that increased Plant Variety Protection fees that became effective September 1, 2000. In its analysis of projected costs for FY 2002, AMS identified administrative and information technology support as well as a 10 percent decrease in the number of applications submitted to the office. For FY 2002, user fee revenues and program obligations are projected to be $903,000 and $1,231,000, respectively, resulting in an estimated $328,000 program deficit. With a fee increase, FY 2003 revenues and expenditures are projected to be $1,041,000 and $1,189,000 respectively. We estimate this rule would yield an additional $270,000 during FY 2003 that will offset increased program operating costs. The program will take additional cost cutting measures to eliminate the remaining deficit. AMS used the fees currently charged as a base for calculating the new fee schedule for FY 2003. The fees set forth in Sec. 97.175 would be increased. The application fee will be increased from $320 to $432, the search fee from $2,385 to $3,220, and the issuance fee from $320 to $432. The fees for reviving an abandoned application, correcting or re-issuance of a certificate are increased from $320 to $432. The charge for granting an extension for responding to a request is increased from $55 to $74. The hourly charge for any other service not specified will increase from $66 to $89. The fee for appeal to the Secretary (refundable if appeal overturns the Commissioner's decision) is increased from $3,050 to $4,118. Reproduction of records, drawings, certificates, exhibits or printed materials, late payment, and replenish of seeds will increase by 35 percent. These fee increases are necessary to recover the costs of this fee-funded program. The Plant Variety Protection Advisory Board has been informed of cost increases, including anticipated salary increases, and consulted on a fee increase in November 2001. The Board recommended that fees be increased. This rule makes the minimum changes in the regulations to implement the recommended increased fees to maintain the program as a fee-funded program. Summary of Public Comment A notice of the proposed rule was published in the **Federal Register** (67 FR 61545) on October 1, 2002. A 30-day comment period was provided to allow interested persons the opportunity to respond to the proposal, including any regulatory and informational impact of this action on small business. The only comment received in response to the proposed revised regulatory text questioned whether the 35 percent increase of the existing fee schedule was truly warranted. Every year, AMS reviews it's user fee financed programs to determine their fiscal condition. In the most recent review of the PVP program, the cost analysis indicated that the existing fee schedule will not generate sufficient revenues to cover program services and obligations while maintaining an adequate program reserve balance. We estimate the final rule would yield an additional $270,000 during FY 2003, offsetting increased program operating costs, salaries and benefits, and technology improvements. From October 1, 2001 to September 30, 2002, the PVP program has reduced the backlog by 21 percent. With sufficient funds to cover overall operating costs, the program will continue to improve the efficiency and turnaround time in the processing of plant variety protection requests. List of Subjects in 7 CFR Part 97 Plants, seeds. For reasons set forth in the preamble, 7 CFR part 97 is amended as follows. PART 97—PLANT VARIETY AND PROTECTION 1. The authority citation for part 97 continues to read as follows: Authority: 7 U.S.C. 2321 *et seq.* 2. Section 97.175 is revised to read as follows: § 97.175 Fees and charges. The following fees and charges apply to the services and actions specified in this section:

(a)Filing the application and notifying the public of filing—$432.00.

(b)Search or examination—$3,220.00.

(c)Allowance and issuance of certificate and notifying public of issuance—$432.00.

(d)Revive an abandoned application—$432.00.

(e)Reproduction of records, drawings, certificates, exhibits, or pointed material (copy per page of material)—$1.50.

(f)Authentication (each page)—$1.50.

(g)Correcting or re-issuance of a certificate—$432.00.

(h)Recording assignments (per certificate/application)—$38.00.

(i)Copies of 8 x 10 photographs in color—$38.00

(J)Additional fee for reconsideration—$432.00.

(k)Additional fee for late payment—$38.00.

(l)Additional fee for late replenishment of seed—$38.00.

(m)Appeal to Secretary (refundable if appeal overturns the Commissioner's decision)—$4,118.00.

(n)Granting of extensions for responding to a request—$74.00.

(o)Field inspections by a representative of the Plant Variety Protection Office, made at the request of the applicant, shall be reimbursable in full (including travel, per diem or subsistence, and salary) in accordance with Standardized Government Travel Regulation.

(p)Any other service not covered in this section will be charged for at rates prescribed by the Commissioner, but in no event shall they exceed $89.00 per employee-hour. Dated: January 6, 2003. A.J. Yates, Administrator. [FR Doc. 03-452 Filed 1-9-03; 8:45 am]

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