Unknown. Final rule

2,724 words·~12 min read·/register/2003/02/06/03-2582

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-02-06.xml --- 68 25 Thursday, February 6, 2003 Contents Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service Alcohol Alcohol and Tobacco Tax and Trade Bureau NOTICES Freedom of Information Act and Privacy Act; implementation, 6253 03-2932 Organization, functions, and authority delegations: Subordinate agency officers, 6253-6258 03-2933 Civi Civil Rights Commission NOTICES Meetings;

State advisory committees: Connecticut, 6112 03-2944 Illinois, 6112 03-2943 Coast Guard Coast Guard PROPOSED RULES Drawbridge operations: New Jersey, 6100-6103 03-2930 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Consumer Consumer Product Safety Commission NOTICES Agency information collection activities: Proposed collection; comment request, 6122-6124 03-2803 03-2804 Customs Customs Service NOTICES Customhouse broker license cancellation, suspension, etc.:

Yamato Customs Brokers USA, Inc., et al., 6258 03-2966 Defense Defense Department RULES Teacher and Teacher's Aide Placement Assistance Program; CFR part removed, 6082 03-2821 NOTICES Agency information collection activities: Proposed collection; comment request, 03-2815 6124-6125 03-2816 03-2819 Submission for OMB review; comment request, 6125-6126 03-2817 03-2818 Meetings: Science Board task forces, 6126 03-2820 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* AccuStandard, Inc., 6181-6182 03-2919 American Radiolabeled Chemical, Inc., 6182 03-2916 Cerilliant Corp., 6182-6183 03-2914 Houba, Inc., 6183 03-2912 Lipomed, Inc., 6183-6184 03-2913 National Center for Natural Products Research-NIDA MProject, 6184 03-2918 Norac Co., Inc., 6184 03-2915 Noramco, Inc., 6184-6185 03-2920 OraSure Technologies, Inc., 6185 03-2917 Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 6126-6127 03-2825 Postsecondary education: Accrediting agencies and State approval agencies for vocational and nurse education institutions; national recognition; comment request, 6127-6128 03-2834 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions: Deutsche Bank Securities Inc. and Affiliates, 6187-6194 03-2964 Northern Trust Co. and Affiliates, 6194-6196 03-2963 State Street Bank & Trust Co., 6197-6205 03-2962 Truman Arnold Companies, 6205-6210 03-2961 Employment Employment and Training Administration NOTICES Adjustment assistance:

Bath Unlimited, Inc., 6213 03-2865 Bike Athletic Co., 6213 03-2862 Brooks Instruments, 6213-6214 03-2867 Chiquola Industrial Products Group LLC, 6214 03-2863 Harvard Industries, Inc., 6214 03-2849 03-2850 L’Art De La Mode, Inc., 6215 03-2843 Loren Castings, Inc., 6215 03-2868 Milady Bridals, Inc., 6215 03-2866 Pechiney Rolled Products, 6215 03-2846 Pohlman Foundry Co. Inc., 6215-6216 03-2869 SPX Valves & Controls Division, 6216 03-2845 Stora Enso North America, 6216 03-2844 Wolverine Worldwide, Inc., 03-2864 6216-6217 03-2870 Adjustment assistance and NAFTA transitional adjustment assistance:

American Fibers & Yarns Co. et al., 6210-6213 03-2847 NAFTA transitional adjustment assistance: Bristol Bay Native Association, 6217-6223 03-2851 03-2906 03-2907 Creo Americas, Inc., 6223 03-2848 Wolverine World Wide, Inc., 6223-6224 03-2861 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 6224-6225 03-2842 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.:

Nanoscience Theory, Modeling, and Simulation, 6128-6131 03-2909 Energy Energy Efficiency and Renewable Energy Office NOTICES Grants and cooperative agreements; availability, etc.: State Energy Program Special Projects, 6131-6132 03-2910 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Benzene waste operations; partially withdrawn, 6082 03-2936 NOTICES Agency information collection activities: Submission for OMB review; comment request, 6145-6146 03-2937 Air pollution control:

Citizens suits; proposed settlements— Sierra Club et al., 6147 03-2934 Pesticide registration, cancellation, etc.: Dow AgroSciences, 6147-6149 03-2935 Toxic and hazardous substances control: Hazardous chemical reporting; community right-to-know; change of contractor handling trade secret claims; comment request, 6149-6151 03-3062 Executive Executive Office of the President See Management and Budget Office FAA Federal Aviation Administration NOTICES Advisory circulars; availability, etc.:

Windows and windshields, 6250-6251 03-2927 Passenger facility charges; applications, etc.: Burbank-Glendale-Pasadena Airport, CA, 6251 03-2928 Tampa International Airport, FL, 6251-6252 03-2929 FCC Federal Communications Commission RULES Radio stations; table of assignments: Louisiana, 6082-6083 03-2838 NOTICES Common carrier services: Wireless telecommunications services— Lower and upper paging bands; licenses auction; notice and filing requirements, etc., 6151-6167 03-2839 Multichannel video distribution and data service licenses; auction, 6167-6173 03-3039 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 6173 03-3038 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 6174 03-3041 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Calpine Philadelphia, Inc., et al., 6137-6138 03-2877 Citizens Utilities Co., 6138-6139 03-2879 New York Independent System Operator, Inc., et al., 6139-6140 03-2878 Hydroelectric applications, 6140-6144 03-2880 03-2883 03-2884 Meetings: Credit issues and potential solutions in energy markets; technical conference, 6144-6145 03-2871 *Applications, hearings, determinations, etc.:* Dominion Transmission, Inc., et al., 6132-6134 03-2874 Iroquois Gas Transmission System, L.P., 6134 03-2885 KeySpan LNG, LP, et al., 6134 03-2887 Old Dominion Electric Cooperative, 6134-6135 03-2876 PG&E Gas Transmission, Northwest Corp., 6135 03-2875 Sid Richardson Energy Services, Ltd., 6135-6136 03-2873 Texas Eastern Transmission, LP, 6136 03-2872 Transcontinental Gas Pipe Line Corp., 6136-6137 03-2886 Federal Highway Federal Highway Administration PROPOSED RULES Grants:

Operation of motor vehicles by intoxicated persons; withholding of Federal-aid highway funds, 6091-6100 03-2790 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses: Aero Costa International, Inc., et al., 6174 03-2810 JUC Ocean Express Inc. et al., 6174 03-2812 Overseas Express Services et al., 6175 03-2811 Federal Reserve Federal Reserve System RULES Federal Open Market Committee: Procedure rules— Quorum; definition, 6061-6062 03-2582 NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 6175 03-2813 Fish Fish and Wildlife Service NOTICES Reports and guidance documents; availability, etc.: Birds of Conservation Concern (2002), 6179 03-2908 Food Food and Drug Administration RULES Human drugs: Systemic antibacterial products; labeling requirements, 6062-6081 03-2969 NOTICES Human drugs: Patent extension; regulatory review period determinations— TEMODAR, 6176 03-2970 Food Food Safety and Inspection Service NOTICES Meetings:

Listeria risk assessment, 6109-6110 03-2942 Forest Forest Service NOTICES Environmental statements; notice of intent: Malheur National Forest, OR, 6110-6111 03-2836 Meetings: Resource Advisory Committees— Ravalli County, 6111 03-2835 Reports and guidance documents; availability, etc.: National Forest System lands— Commercial filming and still photography activities; interim directive, 6111-6112 03-2968 GSA General Services Administration NOTICES Acquisition regulations: Defense Department; 999 Label (OF 81); cancellation, 6175-6176 03-2958 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Telehealth Network Program, 6177-6178 03-2823 Housing Housing and Urban Development Department PROPOSED RULES Public and Indian housing: Public housing assessment system; changes, 6261-6293 03-2608 NOTICES Agency information collection activities: Submission for OMB review; comment request, 6178-6179 03-2826 Industry Industry and Security Bureau NOTICES Meetings: National Infrastructure Advisory Council, 6112-6113 03-3107 Interior Interior Department See Fish and Wildlife Service IRS Internal Revenue Service RULES Income taxes:

Taxable stock transactions; information reporting requirements; correction, 6081 03-2802 NOTICES Agency information collection activities: Proposed collection; comment request, 6258-6259 03-2351 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Japan, 6113 03-2956 Extruded rubber thread from— Malaysia, 6113-6114 03-2957 Honey from— Argentina, 6114 03-2955 Hot-rolled carbon steel flat products from— Romania, 6114-6115 03-2954 International International Trade Commission NOTICES Meetings;

Sunshine Act, 6179 03-3006 Justice Justice Department See Drug Enforcement Administration See Justice Programs Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 6179 03-2829 Pollution control; consent judgments: Frenchtown Harbor, Inc., 6179 03-2832 Laclede Steel Co., 6179-6181 03-2833 Regional Refuse District No. 1 et al., 6181 03-2831 Justice Justice Programs Office NOTICES Meetings: Public Safety Officer Medal of Valor Review Board, 6185 03-2814 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Employment Standards Administration NOTICES Privacy Act:

Systems of records, 6185-6187 03-2841 Management Management and Budget Office NOTICES Federal Activities Inventory Reform Act of 1998; implementation: Agency Inventories of Activities that are and are not Inherently Governmental; availability, 6225-6226 03-2827 Federal programs; cost-effectiveness analysis; discount rates (Circular A-94), 6226 03-2965 Maritime Maritime Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 6252 03-2931 National Highway National Highway Traffic Safety Administration PROPOSED RULES Grants:

Operation of motor vehicles by intoxicated persons; wtihholding of Federal-aid highway funds, 6091-6100 03-2790 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Atlantic herring, 6088-6090 03-2798 PROPOSED RULES International fisheries regulations: Pacific halibut— Catch sharing plan and sport fishing management, 6103-6108 03-2806 NOTICES Committees; establishment, renewal, termination, etc.:

Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Advisory Council, 6115-6116 03-2837 Marine mammals: Incidental taking; authorization letters, etc.— Coast Guard; new floating dock installation at U.S. Coast Guard Pier, Monterey, CA; Pacific harbor seals and California sea lions, 6116-6119 03-2953 Meetings: Mid-Atlantic Fishery Management Council, 03-2807 6119-6120 03-2808 Office Office of Management and Budget See Management and Budget Office Patent Patent and Trademark Office NOTICES Reports and guidance documents; availability, etc.:

Acquisition guidelines, 6120-6122 03-2921 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration Railroad Railroad Retirement Board NOTICES Agency information collection activities: Proposed collection; comment request, 6226 03-2822 SEC Securities and Exchange Commission RULES Securities: Sarbanes-Oxley Act of 2002; implementation— Attorneys; professional conduct standards; implementation, 6295-6323 03-2480 PROPOSED RULES Securities:

Sarbanes-Oxley Act of 2002; implementation— Attorneys; professional conduct standards; implementation, 6323-6337 03-2520 NOTICES Investment Company Act of 1940: Deregistration applications— North American Funds et al., 6230-6231 03-2830 Meetings; Sunshine Act, 6231 03-3117 Self-regulatory organizations; proposed rule changes: International Securities Exchange, Inc., 6232-6233 03-2949 National Association of Securities Dealers, Inc., 6233-6242 03-2945 03-2946 03-2950 Pacific Exchange, Inc., 6242-6243 03-2948 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 6227-6230 03-2947 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

Kyrgyz Republic Educational Partnerships Program in Cultural and Comparative Religious Studies, 6243-6245 03-2925 Uzbekistan and United States; Cultural and Religious Pluralism, 6245-6250 03-2924 Meetings: International Telecommunication Advisory Committee, 6250 03-2922 Public Diplomacy, U.S. Advisory Commission, 6250 03-2923 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration See Transportation Security Administration Security Transportation Security Administration RULES Maritime and land transportation security:

Transportation of explosives from Canada to U.S. via commercial motor vehicle and railroad carrier, 6083-6088 03-3005 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Customs Service See Internal Revenue Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 6252-6253 03-2824 Veterans Veterans Affairs Department NOTICES Real property; enhanced-use leases Butler, PA; Veterans Affairs Department Medical Center, 6259 03-2967 Separate Parts In This Issue Part II Housing and Urban Development Department, 6261-6293 03-2608 Part III Securities and Exchange Commission, 6295-6337 03-2480 03-2520 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 25 Thursday, February 6, 2003 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 272 [Docket No. R-1142] Federal Open Market Committee; Amendment to Rules of Procedure AGENCY: Federal Open Market Committee. ACTION: Final rule.

SUMMARY: The Federal Open Market Committee has amended its definition of a quorum of the Committee. The amendment is designed to enhance the Committee's ability to perform its functions in the event of a national emergency. DATES: The rule is effective February 6, 2003. FOR FURTHER INFORMATION CONTACT: Kieran J. Fallon, Senior Counsel (202-452-5270), Legal Division; Board of Governors of the Federal Reserve System; or Normand R.V. Bernard, Deputy Secretary (202-452-3606), Federal Open Market Committee, 20th Street and Constitution Avenue, NW., Washington, DC 20551.

Users of Telecommunication Device for Deaf

(TTD)only, call

(202)263-4869. SUPPLEMENTARY INFORMATION: The Federal Open Market Committee (Committee) is composed of

(1)all of the members of Board of Governors of the Federal Reserve System (Board), and

(2)five representatives of the Federal Reserve Banks elected in the manner provided in the Federal Reserve Act (Act). 1 Because the Board has an authorized membership of seven Governors, the Committee has a maximum authorized strength of 12 members (7 Board members and 5 Federal Reserve Bank representatives). 1 *See* 12 U.S.C. 263(a). Pursuant to the Act, the Federal Reserve Banks also elect an alternate for each primary Federal Reserve Bank representative on the Committee. Each alternate is authorized to serve on the Committee in the absence of the relevant primary representative. Each primary and alternate Federal Reserve Bank representative on the Committee must be a President or First Vice President of a Federal Reserve Bank. *Id* . The Act does not define a quorum of the Committee. Since the current structure of the Committee was established in 1936, the Committee itself has defined a quorum of the Committee to be seven members, including alternates serving in place of a primary Federal Reserve Bank representative. 2 2 *See* 12 CFR 272.3(c). From 1936 to 1973, the Committee's quorum rule was reflected in the Committee's By-Laws. *See* Minutes of the Committee's Meeting of March 18, 1936. In 1973, the Committee's By-Laws were rescinded and the Committee's quorum rule was incorporated into the Committee's Rules of Procedure. *See* 38 FR 2754, Jan. 30, 1973. The Committee's current quorum rule would prevent the Committee from taking action, including adjusting the Committee's target for the federal funds rate, if an act of war, terrorist attack or other catastrophic event reduced the membership of the Committee to below seven members (including alternates). In light of this possibility, the Committee has amended its definition of a quorum of the Committee. Under the Committee's amended rule, a quorum of the Committee will continue to be seven members unless there are fewer than seven members of the Committee in office, in which case a quorum of the Committee will consist of the number of members in office. As under the current rule, alternates serving in place of an absent primary Federal Reserve Bank representative are considered members for purposes of determining whether a quorum of the Committee is available. The Committee believes that the revised quorum rule will enhance the Committee's ability to fulfill its critical monetary policy responsibilities in a national emergency. At the same time, the revised rule should not alter the functioning of the Committee in normal operating environments. As noted above, under the revised rule, a quorum of the Committee would continue to be seven members whenever seven or more members of the Committee are in office. The Committee notes that the Securities and Exchange Commission

(SEC)has revised its quorum rule in a similar fashion to ensure that the SEC could continue to function if the 5-member SEC ever had fewer than 3 commissioners in office. 3 3 *See* 17 CFR 200.41; 60 FR 17201, Apr. 5, 1995. The enabling statutes of the SEC, like those of the Committee, do not define a quorum of the SEC. The SEC's revised quorum rule has been upheld by two separate Federal courts. *See Falcon Trading Group, Ltd.* v. *SEC* , 102 F.3d 579 (D.C. Cir. 1996); *SEC* v. *Feminella,* 947 F. Supp. 722 (S.D.N.Y. 1996). The amended rule relates solely to the internal procedure of the Committee. Accordingly, the public notice, public comment and delayed effective date provisions of the Administrative Procedure Act do not apply. *See* 5 U.S.C. 553(b) and (d). Because public notice and comment is not required, the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) also does not apply to the amended rule. List of Subjects Administrative practice and procedure, Federal Open Market Committee, Organization and functions (Government agencies). For the reasons set out in the preamble, the Federal Open Market Committee amends 12 CFR part 272 as follows: PART 272—FEDERAL OPEN MARKET COMMITTEE—RULES OF PROCEDURE 1. The authority citation for part 272 continues to read as follows: Authority: 5 U.S.C. 552. 2. Section 272.3(c) is revised to read as follows: § 272.3 Meetings

(c)*Quorum.* Seven members constitute a quorum of the Committee for purposes of transacting business except that, if there are fewer than seven members in office, then the number of members in office constitute a quorum. For purposes of this paragraph (c), members of the Committee include alternates acting in the absence of members. Less than a quorum may adjourn a meeting of the Committee from time to time until a quorum is in attendance. By order of the Federal Open Market Committee, January 30, 2003. Vincent R. Reinhart, Secretary, Federal Open Market Committee. [FR Doc. 03-2582 Filed 2-5-03; 8:45 am]

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