Unknown. Final rule

2,821 words·~13 min read·/register/2003/01/17/03-1125·

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-2003-01-17.xml --- 68 12 Friday, January 17, 2003 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Care Policy and Research Special Emphasis Panel, 2557 03-1059 Agriculture Agriculture Department See Commodity Credit Corporation See Foreign Agricultural Service See Forest Service See National Agricultural Statistics Service Army Army Department See Engineers Corps NOTICES Meetings:

Armed Forces Epidemiological Board, 2532 03-1113 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 Meetings: Immunization Practices Advisory Committee, 2557-2558 03-1072 Tuberculosis Elimination Advisory Council, 2558 03-1069 Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities:

Proposed collection; comment request, 2558-2559 03-1054 03-1057 Submission for OMB review; comment request, 2559-2561 03-1055 03-1056 Coast Guard Coast Guard RULES Ports and waterways safety: Lower Mississippi River— Head of Passes, New Orleans, LA; safety zone, 2451-2454 03-1009 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 2498 03-1143 Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.:

Emerging Markets Program, 2484-2486 03-1120 Market Access Program, 2486-2487 03-1116 Quality Samples Program, 2487-2489 03-1118 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 2531-2532 03-1024 Defense Defense Department See Army Department See Engineers Corps Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 2533 03-1058 Submission for OMB review; comment request, 2534 03-1026 Postsecondary education:

Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs— Applications, reports, etc.; deadline and submission dates, 2534-2535 03-1162 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 2576-2578 03-803 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Ultra high temperature fossil fuel applications; novel sensors development, 2535-2536 03-1096 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Mid-Chesapeake Bay Island, MD; environmental restoration feasibility study, 2532-2533 03-1112 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 2454-2459 03-731 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Pennsylvania, 2476-2477 03-732 NOTICES Air quality; prevention of significant deterioration (PSD): Permit determinations, etc.— Nucor Steel, 2537-2538 03-1146 Environmental statements; availability, etc.: Agency statements— Comment availability, 2539-2540 03-1048 Weekly receipts, 2538-2539 03-1047 Water pollution control: National Pollution Discharge Elimination System— Alaska; log transfer facilities; general permits, 2540 03-1147 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Farm credit system:

Loan policies and operations— Loan syndication transactions, 2540-2541 03-1136 FAA Federal Aviation Administration RULES Class D and Class E airspace, 2421 03-1125 Class E airspace, 03-1124 2422-2425 03-1126 03-1127 03-1128 03-1132 PROPOSED RULES Class E airspace, 2460-2464 03-1122 03-1129 03-1130 03-1133 NOTICES Aeronautical land-use assurance; waivers: Luray Caverns Airport, VA, 2628-2629 03-1121 Passenger facility charges; applications, etc.: Arcata/Eureka Airport, CA, 2629 03-1131 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 2541 03-1233 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations: North Carolina, 2477-2479 03-1085 Various States, 2479-2480 03-1086 NOTICES Disaster and emergency areas: Arkansas, 2541-2542 03-1088 Micronesia, 2542 03-1089 North Carolina, 2542-2543 03-1090 South Carolina, 2543 03-1087 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Eastern Shore Natural Gas Co., 2536 03-1173 Horning, Jane A., 2536-2537 03-1171 New England Power Pool, 2537 03-1169 Snoqualmie River Hydro Inc., 2537 03-1170 Trailblazer Pipeline Co., 2537 03-1172 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system:

Community support review; members selected for review; list, 2543-2555 03-785 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Adams, Doris V., et al.; vision requirement exemptions, 2629-2632 03-1135 FTC Federal Trade Commission RULES Hart-Scott-Rodino Antitrust Improvements Act: Premerger notification; reporting and waiting period requirements, 2425-2446 03-1078 PROPOSED RULES Rules and industry guides;

Federal regulatory review; intent to request public comments, 2465 03-1076 NOTICES Premerger notification waiting periods; early terminations, 2555-2556 03-1077 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Bonds and notes, U.S. Treasury: Series EE and I savings bonds issued January 2003 or later; redemption eligibility period extended from 6 to 12 months, 2665-2667 03-1114 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.:

Bon Secour National Wildlife Refuge, AL, 2564-2565 03-1071 Des Lacs, Upper Souris, and J. Clark Salyer National Wildlife Refuges, ND, 2565-2566 03-1068 Sabine, Cameron Prairie, and Lacassine National Wildlife Refuges, LA, 2566 03-1070 Endangered and threatened species permit applications, 2566-2567 03-1064 Environmental statements; availability, etc.: Incidental take permits— Bastrop County, TX; Houston toad, 2567-2568 03-1062 El Paso County, CO; Preble's meadow jumping mouse, 2568 03-1067 Food Food and Drug Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 2561-2562 03-1254 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Grants and cooperative agreements; availability, etc.: Foreign Market Development Cooperator Program, 2489-2491 03-1117 Section 108 Foreign Currency Program, 2491-2493 03-1119 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Various States Flint Ink North America Corp.; pigments, inks, and varnish products manufacturing and distribution facilities, 2498-2499 03-1151 Forest Forest Service NOTICES Environmental statements; notice of intent:

Gallatin National Forest, MT, 2493-2494 03-1044 Kootenai National Forest, MT, 2494-2495 03-1139 Meetings: Resource Advisory Committees— Del Norte County, 2495-2496 03-1074 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Substance Abuse and Mental Health Services Administration NOTICES Meetings: Vital and Health Statistics National Committee, 2557 03-1080 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 2563-2564 03-922 Indian Indian Affairs Bureau PROPOSED RULES No Child Left Behind Act; implementation: Negotiated rulemaking committee, intent to form; tribal representatives, 2465-2466 03-1061 Industry Industry and Security Bureau NOTICES Meetings: Information Systems Technical Advisory Committee, 2499 03-1098 Sensors and Instrumentation Technical Advisory Committee, 2499 03-1099 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Meetings:

Blackstone River Valley National Heritage Corridor Commission, 2564 03-1138 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 Hearing location and date change, 2466 03-1159 International International Trade Administration NOTICES Antidumping: Structural steel beams from— Korea, 2499-2501 03-1150 Export trade certificates of review, 2501-2513 03-1097 Labor Labor Department See Employment Standards Administration See Pension and Welfare Benefits Administration NOTICES Reports and guidance documents; availability, etc.:

Fleet alternative fuel vehicle acquisition report (1999-2001), 2575-2576 03-1093 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Northwest National Petroleum Reserve, AK; hearing schedule; integrated activity plan, 2568-2569 03-680 Powder River and Billings Resource Areas, MT, 2569-2570 03-1081 Powder River Basin Oil and Gas Project, WY, 2570-2572 03-1082 Meetings: Resource Advisory Councils— Utah, 2572 03-1083 Survey plat filings: Colorado, 2572-2573 03-1046 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities:

Proposed collection; comment request, 03-1039 2496-2497 03-1040 03-1041 National Communications National Communications System NOTICES Agency information collection activities: Proposed collection; comment request, 2590 03-1140 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Occupant crash protection— Seat belt assemblies; longer seat belts or seat belt extenders; rulemaking petition denied, 2480-2483 03-1134 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Bering Sea and Aleutian Islands and Gulf of Alaska groundfish; Steller sea lion protection measures; correction, 2636 C2-32844 NOTICES Grants and cooperative agreements; availability, etc.: Coral Reef Conservation Program, 2513-2526 03-1153 New England Fishery Management Council; sea scallop research projects, 2527-2530 03-1152 Meetings: Pacific Fishery Management Council, 2530-2531 03-1154 03-1155 National Park National Park Service PROPOSED RULES Special regulations:

Glen Canyon National Recreation Area, UT and AZ; personal watercraft use, 2466-2476 03-1157 National Science National Science Foundation NOTICES Meetings: Mathematical and Physical Sciences Advisory Committee, 2590 03-1038 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities: Proposed collection; comment request, 2591 03-1160 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions:

Northwest Airlines, Inc., 2578-2590 03-1187 Personnel Personnel Management Office NOTICES Agency information collection activities: Proposed collection; comment request, 2591 03-924 Submission for OMB review; comment request, 2591-2592 03-923 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Sanctity of Human Life Day (Proc. 7639), 2417-2418 03-1276 ADMINISTRATIVE ORDERS Russia; chemical weapons destruction facility, waiver of conditions on funds (Presidential Determination No. 2003-10 of Jan. 10, 2003), 2409-2415 03-1237 Russia; waiver of restrictions on assistance (Presidential Determination No. 2003-11 of Jan. 10, 2003), 2416 03-1238 Sierra Leone and Liberia; continuation of national emergency (Notice of January 16, 2003), 2675-2677 03-1324 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

Folsom Lake State Recreation Area, CA, 2573-2574 03-1075 SEC Securities and Exchange Commission PROPOSED RULES Securities: Sarbanes-Oxley Act of 2002; implementation— Listed company audit committees; standards, 2637-2664 03-690 NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 2592-2593 03-1104 Boston Stock Exchange, Inc., 2593-2594 03-1052 Chicago Board Options Exchange, Inc., 2594-2597 03-1106 03-1107 03-1108 Chicago Stock Exchange, Inc., 2597-2601 03-1053 03-1102 National Association of Securities Dealers, Inc., 2601-2603 03-1111 New York Stock Exchange, Inc., 2603-2611 03-1050 03-1051 03-1109 Pacific Exchange, Inc., 2612-2614 03-1103 Philadelphia Stock Exchange, Inc., 2614-2615 03-1049 Sentencing Sentencing Commission, United States See United States Sentencing Commission Social Social Security Administration NOTICES Meetings:

Ticket to Work and Work Incentives Advisory Panel, 2628 03-1084 Statistical Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 2562-2563 03-1063 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Oklahoma, 2447-2451 03-977 NOTICES Agency information collection activities:

Proposed collection; comment request, 2574-2575 03-1092 Submission for OMB review; comment request, 2575 03-1091 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Canadian Pacific Railway, 2632 03-1137 Newport & Richford Railroad Co. et al. (estates), 2632-2633 03-1148 03-1149 SMS Rail Service, Inc., 2633-2634 03-971 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Grants and cooperative agreements; availability, etc.:

Intercity Bus Security Program, 2634 03-1142 Treasury Treasury Department See Fiscal Service See Internal Revenue Service NOTICES Meetings: Debt Management Advisory Committee, 2634-2635 03-1115 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 2615-2628 03-1123 Veterans Veterans Affairs Department RULES Medical benefits: Enrollment; hospital and outpatient care provided to veterans subpriorities of priority categories 7 and 8 and annual enrollment decision, 2669-2673 03-1201 PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.:

Plain Language Regulations Project; five proposed rules withdrawn, 2476 03-1094 Separate Parts In This Issue Part II Securities and Exchange Commission, 2637-2664 03-690 Part III Treasury Department, Fiscal Service, 2665-2667 03-1114 Part IV Veterans Affairs Department, 2669-2673 03-1201 Part V Presidential Documents, 2675-2677 03-1324 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 12 Friday, January 17, 2003 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2002-14046; Airspace Docket No. 02-AGL-15] Establishment of Class D Airspace; Sparta, WI;

Modification of Class E Airspace; Sparta, WI AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. SUMMARY: This action establishes Class D airspace at Sparta, WI, and modifies Class E airspace at Sparta, WI. Area Navigation

(RNAV)Standard Instrument Approach Procedures (SIAPs) have been developed for Sparta/Fort McCoy Airport. Controlled airspace extending upward from 700 feet or more above the surface of the earth is needed to contain aircraft executing these approaches. This action would establish a radius of Class D airspace, and increase the radius of the existing Class E airspace for Sparta/Fort McCoy Airport. EFFECTIVE DATE: 0901 UTC, March 20, 2003. FOR FURTHER INFORMATION CONTACT: Denis C. Burke, Air Traffic Division, Airspace Branch, AGL-520, Federal Aviation Administration, 2300 East Devon Avenue, Des Plaines, Illinois 60018, telephone

(847)294-7568. SUPPLEMENTARY INFORMATION: History On Thursday, September 19, 2002, the FAA proposed to amend 14 CFR part 71 to establish Class D airspace and modify Class E airspace at Sparta, WI (67 FR 59029). The proposal was to establish Class D and modify Class E airspace, extending upward from 700 feet above the surface of the earth to contain Instrument Flight Rules

(IFR)operations in controlled airspace during portions of the terminal operation and while transiting between the enroute and terminal environments. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. Class D airspace designations are published in paragraph 5000, and Class E airspace areas extending upward from 700 feet above the surface of the earth are published in paragraph 6005, of FAA Order 7400.9K dated August 30, 2002, and effective September 16, 2002, which is incorporated by reference in 14 CFR 71.1. The Class D and Class E airspace designations listed in this document will be published subsequently in the Order. The Rule This amendment to 14 CFR part 71 establishes Class D airspace at Sparta, WI, and modifies Class E airspace at Sparta, WI, to accommodate aircraft executing instrument flight procedures into and out of Sparta/Fort McCoy Airport. The area will be depicted on appropriate aeronautical charts. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation—(1) is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and

(3)does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 95665, 3 CFR, 1959-1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9K, Airspace Designations and Reporting Points, dated August 30, 2002, and effective September 16, 2002, is amended as follows: Paragraph 5000 Class D airspace AGL WI D Sparta, WI [New] Sparta, Sparta/Fort McCoy Airport, WI (Lat. 43° 57′30″ N., long. 90°44′16″ W.) That airspace extending upward from the surface to and including 3,300 feet MSL within a 4.0-mile radius of the Sparta/Fort McCoy Airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Airmen. The effective date and time will thereafter be continuously published in the Airport/Facility Directory. Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. AGL WI E5 Sparta, WI [Revised] Sparta, Sparta/Fort McCoy Airport, WI (Lat 43°57′30″ N., long. 90°44′16″ W.) McCoy NDB (Lat. 43°56′16″ N., long. 90°38′31″ W.) That airspace extending upward from 700 feet above the surface within a 6.5 mile radius of the Sparta/Fort McCoy Airport and within 3.8 miles each side of the 097° bearing from the McCoy NDB, extending from the 6.5-mile radius to 7 miles east of the NDB. Issued in Des Plaines, Illinois on January 3, 2003. Nancy B. Shelton, Manager, Air Traffic Division, Great Lakes Region. [FR Doc. 03-1125 Filed 1-16-03; 8:45 am]

Connectionstraces to 3

Traces to 3 documents

CFR