Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-04-03.xml --- 68 64 Thursday, April 3, 2003 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agency Agency for Toxic Substances and Disease Registry NOTICES Grants and cooperative agreements; availability, etc.: Public Health Conference Support Program, 16287 03-8063 Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Forest Service See Natural Resources Conservation Service RULES Rural empowerment zones and enterprise communities, 16169-16170 03-8039 Army Army Department NOTICES Reports and guidance documents; availability, etc.:

Historic properties protection— Capehart and Wherry Era Army Family Housing, etc. (1949-1962), 16266-16267 03-8122 Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 16260 03-8188 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 16284-16287 03-8043 03-8044 03-8045 03-8046 Grants and cooperative agreements; availability, etc.: Public Health Conference Support Program, 16287 03-8063 Public Health Laboratory Biomonitoring Implementation Program, 16287-16292 03-8062 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings;

Sunshine Act, 16260-16262 03-8182 Coast Guard Coast Guard NOTICES Meetings: Great Lakes Pilotage Advisory Committee, 16299 03-8134 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration Commodity Commodity Credit Corporation RULES Loan and purchase programs: Acreage reporting and common provisions, 16170-16185 03-8025 NOTICES Grants and cooperative agreements; availability, etc.: Farmland Protection Program, 16253-16258 03-8029 Community Community Development Financial Institutions Fund NOTICES Agency information collection activities; proposals, submissions, and approvals, 16347-16349 03-8148 03-8149 Defense Defense Department See Army Department PROPOSED RULES Civilian health and medical program of uniformed services (CHAMPUS):

TRICARE program— Anesthesiologist's assistants inclusion as authorized providers and cardiac rehabilitation in freestanding cardiac rehabilitation facilities coverage, 16247-16249 03-8014 Federal Acquisition Regulation (FAR): Central contractor registration, 16365-16371 03-7928 Privacy Act; implementation, 16249-16250 03-8018 NOTICES Environmental statements; availability, etc.: Air Force Memorial, Arlington, VA, 16264 03-8015 Privacy Act: Systems of records, 16264-16266 03-8017 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Educational research and improvement— Charter School Facilities Credit Enhancement Program, 16267-16270 03-8133 Leveraging Educational Assistance Partnership and Special Leveraging Educational Assistance Partnership Programs, 16270-16271 03-8131 Special education and rehabilitative services— Small Business Innovation Research Program, 16271-16274 03-8130 Employee Employee Benefits Security Administration RULES Organization, functions, and authority delegations: Pension and Welfare Benefits Administration; agency name change to Employee Benefits Security Administration, 16398-16401 03-8099 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 16282-16283 03-8156 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency RULES Farm marketing quotas, acreage allotments, and production adjustments:

Acreage reporting and common provisions, 16170-16185 03-8025 FAA Federal Aviation Administration RULES Airworthiness directives: Air Tractor, Inc., 16198-16200 03-7747 Boeing, 16200-16203 03-7748 British Aerospace, 16195-16197 03-7746 Raytheon, 16203-16207 03-8064 03-8066 Stemme GmbH & Co. KG, 16190-16192 03-7744 Twin Commander Aircraft Corp., 16192-16195 03-7745 Class E airspace, 16207-16208 03-8126 Class E airspace; correction, 16351 C3-7660 PROPOSED RULES Aircraft: New aircraft; standard airworthiness certification, 16217-16220 03-8124 Airworthiness directives:

Airbus, 16225-16227 03-8065 Iniziative Industriali Italiane S.p.A., 16220-16225 03-8047 03-8048 Class E2 airspace, 16229-16230 03-8127 Class E5 airspace, 16230-16231 03-8129 Class E airspace, 16227-16229 03-8143 NOTICES Advisory circulars; availability, etc.: Air carrier maintenance programs, 16339-16340 03-8128 Transport category airplanes— Seat restraint systems and occupant protection; dynamic evaluation, 16340 03-8125 Air traffic operating and flight rules, etc.: Oceanic airspace designation, 16340-16342 03-8139 Grants and cooperative agreements; availability, etc.:

Airport Improvement Program, 16342 03-8140 Passenger facility charges; applications, etc.: William R. Fairchild International Airport, WA, 16342-16343 03-8144 FCC Federal Communications Commission PROPOSED RULES Common carrier services: Telephone Consumer Protection Act; implementation— Do-Not-Call Implementation Act, 16250-16252 03-8077 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 16283 03-8223 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:

Connecticut, 16299 03-8069 District of Columbia, 16300 03-8067 Guam, 16300 03-8076 Maryland, 16300-16301 03-8068 Micronesia, 16301 03-8074 New Hampshire, 16301-16302 03-8070 New York, 16302 03-8072 Northern Mariana Islands, 03-8073 16302-16303 03-8075 Ohio, 16303 03-8071 Meetings: National Fire Academy Board of Visitors, 16303 03-8123 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Virginia Electric & Power Co. et al., 16276-16278 03-8088 Environmental statements; availability, etc.:

Alabama Power Co., 16278-16279 03-8091 ANR Pipeline Co., 16279-16280 03-8086 Hackberry LNG Terminal, L.L.C., 16280-16281 03-8085 Hydroelectric applications, 16281 03-8090 Practice and procedure: Off-the-record communications, 16281-16282 03-8094 *Applications, hearings, determinations, etc.:* Atmos Energy Corp., 16274 03-8092 Boundary Gas, Inc., 16274-16275 03-8087 Calpine Energy Services, L.P., 16275 03-8097 Enbridge Pipelines (Louisiana Intrastate) LLC, 16275 03-8093 Equitrans, L.P., 16275-16276 03-8095 Texas Eastern Transmission, LP, 16276 03-8096 Wisconsin Public Service Corp., 16276 03-8089 Federal Reserve Federal Reserve System RULES Truth in lending (Regulation Z):

Official staff commentary; amendments, 16185-16190 03-8022 NOTICES Banks and bank holding companies: Change in bank control, 16283 03-8023 Formations, acquisitions, and mergers, 16284 03-8024 FTC Federal Trade Commission PROPOSED RULES Appliances, consumer; energy consumption and water use information in labeling and advertising: Comparability ranges— Clothes washers, 16231-16237 03-7933 Telemarketing sales rule: National do-not-call registry; user fees, 16238-16247 03-7932 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent:

New York City, NY; Fulton Street Transit Center, 16343-16346 03-8136 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 16304-16305 03-8102 Endangered and threatened species: Recovery plans— Southern sea otter, 16305-16306 03-8060 Food Food and Drug Administration NOTICES Meetings: Pharmaceutical Science Advisory Committee, 16292 03-8011 Reports and guidance documents; availability, etc.: Nasal aerosols and nasal sprays; bioavailability and bioequivalence studies, 16292-16293 03-8010 Forest Forest Service NOTICES Meetings:

Willamette Provincial Advisory Committee, 16258 03-8061 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Central contractor registration, 16365-16371 03-7928 NOTICES Federal travel: eTravel initiative; correction, 16351 C3-6662 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 16293-16294 03-8012 Meetings:

Migrant Health National Advisory Council, 16294 03-8013 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 16303-16304 03-8027 Industry Industry and Security Bureau RULES Export administration regulations: Explosives detection equipment and related software and technology, exports and reexports; foreign policy controls imposition and expansion, 16208-16214 03-7696 NOTICES Meetings:

Information Systems Technical Advisory Committee, 16262 03-8101 Inter-American Inter-American Foundation NOTICES Meetings; Sunshine Act, 16304 03-8246 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau RULES Native American Graves Protection and Repatriation Act; implementation: Civil penalties on museums that fail to comply with Act, 16353-16364 03-7947 IRS Internal Revenue Service RULES Procedure and administration: Damages caused by unlawful tax collection actions; civil cause of action Correction, 16351 C3-6597 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings:

Actuarial Examinations Advisory Committee, 16253 03-8028 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 16308 03-8041 Labor Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration RULES Organization, functions, and authority delegations: Pension and Welfare Benefits Administration; agency name change to Employee Benefits Security Administration, 16397-16399 03-8100 NOTICES Agency information collection activities; proposals, submissions, and approvals, 16308-16311 03-8081 03-8082 03-8083 Land Land Management Bureau NOTICES Environmental statements; notice of intent:

Fayette County, AL, et al.; oil and gas exploration and development, 16306-16307 03-8080 Resource management plans, etc.: Malheur and Jordan Resource Areas, OR, 16307-16308 03-8079 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Dakota Westmoreland Corp.; correction, 16311 03-8019 HB Coal Co., Inc., et al., 16311 03-8020 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Central contractor registration, 16365-16371 03-7928 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards:

Nonconforming vehicles— Importation eligibility; determinations, 16346-16347 03-8135 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 16294-16295 03-8058 03-8059 Meetings: Interagency Autism Coordinating Committee, 16295-16296 03-8057 National Eye Institute, 16296 03-8052 National Institute of Allergy and Infectious Diseases, 03-8053 16297-16298 03-8055 National Institute of Dental and Craniofacial Research, 16296 03-8049 National Institute of Environmental Health Sciences, 16297 03-8054 National Institute of Neurological Disorders and Stroke, 16296-16297 03-8051 National Library of Medicine, 03-8050 16298-16299 03-8056 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Atlantic highly migratory species— Swordfish, 16216 03-8120 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Minerals Management Service; seismic surveys in Gulf of Mexico; sperm whales, etc., 16262-16263 03-8119 Permits: Endangered and threatened species, 16263-16264 03-8121 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Lingle-Ft. Laramie Water Quality Project, WY, 16258-16260 03-8030 Grants and cooperative agreements; availability, etc.:

Farmland Protection Program, 16253-16258 03-8029 Nuclear Nuclear Regulatory Commission PROPOSED RULES Fee schedules revision; 94% fee recovery (2003 FY), 16373-16395 03-7814 NOTICES Operating licenses, amendments; no significant hazards, considerations; biweekly notices; correction, 16313 03-8112 *Applications, hearings, determinations, etc.:* PSEG Nuclear, LLC, 16312-16313 03-8111 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.:

NSF International, 16311-16312 03-8098 Presidential Presidential Documents ADMINISTRATIVE ORDERS East Timor; security assistance, certification and report (Presidential Determination No. 2003-19), 16167 03-8248 Iraq; authorization for assistance (Presidential Determination No. 2003-18), 16165 03-8247 Reclamation Reclamation Bureau RULES Public conduct on Reclamation lands and projects, 16214-16215 03-8110 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 16313-16314 03-8105 Intermarket Trading System; plan amendments, 16319-16320 03-8038 Investment Company Act of 1940:

Deregistration applications— John Hancock Cash Reserve, Inc., et al., 16320-16321 03-8032 Exemption applications— FSA Capital Management Services LLC, 16321-16323 03-8104 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 16323-16334 03-8034 03-8035 03-8037 03-8106 New York Stock Exchange, Inc., 16334-16337 03-8036 Options Clearing Corp., 16337 03-8033 *Applications, hearings, determinations, etc.:* Landesbank Baden-Wurttemberg, 16314 03-8031 Public utility holding company filings, 16314-16319 03-8103 State State Department NOTICES Grants and cooperative agreements; availability, etc.:

Tunisia; Educational Partnerships Program, 16337-16339 03-8145 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See National Highway Traffic Safety Administration RULES Organization, functions, and authority delegations: Administrator, Maritime Administration, 16215-16216 03-8132 Treasury Treasury Department See Community Development Financial Institutions Fund See Internal Revenue Service Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 16349 03-8157 Meetings:

Cemeteries and Memorials Advisory Committee, 16349 03-8158 Special Medical Advisory Group, 16349-16350 03-8159 Separate Parts In This Issue Part II Interior Department, 16353-16364 03-7947 Part III Defense Department; General Services Administration; National Aeronautics and Space Administration, 16365-16371 03-7928 Part IV Nuclear Regulatory Commission, 16373-16395 03-7814 Part V Labor Department, 16397-16399 03-8100 Part V Labor Department, Employee Benefits Security Administration, 16398-16401 03-8099 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 64 Thursday, April 3, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 25 Rural Empowerment Zones and Enterprise Communities AGENCY: Office of the Secretary, USDA. ACTION: Final rule.

SUMMARY: The Secretary of the U.S. Department of Agriculture acting through the Under Secretary, Rural Development, revises the regulations for the rural empowerment zone program to amend the definition of designation date to include the designation date for two rural empowerment zones authorized by the Community Renewal Tax Relief Act of 2000 (Round III). EFFECTIVE DATE: April 3, 2003. FOR FURTHER INFORMATION CONTACT: Deputy Administrator for Community Development, USDA Rural Development, Office of Community Development, STOP 3203, 1400 Independence Ave., SW., Washington, DC 20024-3203, telephone 1-800-645-4712, or by sending an Internet e-mail message to “ *feedback@ocdx.usda.gov* ”.

For hearing- and speech-impaired persons, information concerning this program may be obtained by contacting USDA's Target Center at

(202)720-2600 (Voice and TDD). SUPPLEMENTARY INFORMATION: Classification This rule has been determined to be non-significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Programs Affected The Catalog of Federal Domestic Assistance Program affected by this action is 10.772, Empowerment Zone Program. Program Administration The program is administered through the Office of Community Development within the Rural Development mission area of the Department of Agriculture. Paperwork Reduction Act There are no reporting or recordkeeping requirements associated with this rule. Intergovernmental Review This program is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-612), the undersigned has determined and certified by signature of this document that this rule will not have a significant economic impact on a substantial number of small entities. New provisions included in this rule will not impact a substantial number of small entities to a greater extent than large entities. Therefore, a regulatory flexibility analysis was not performed. Civil Justice Reform This rule has been reviewed under Executive Order 12988, Civil Justice Reform. In accordance with this Executive Order:

(1)All State and local laws and regulations that are in conflict with this rule will be preempted,

(2)no retroactive effect will be given to this rule and

(3)administrative proceedings in accordance with the regulations of the Agency at 7 CFR part 11 must be exhausted before bringing litigation challenging action taken under this rule unless those regulations specifically allow bringing suit at an earlier time. Environmental Impact Statement It is the determination of the Secretary that this action is not a major Federal action significantly affecting the environment. Therefore, in accordance with the National Environmental Policy Act of 1969, Public Law 91-190, and 7 CFR part 25, an Environmental Impact Statement is not required. The Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. Under section 202 of the UMRA, USDA must prepare a written statement, including a cost benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to state, local or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of UMRA generally requires USDA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) for state, local, and tribal governments or the private sector. Therefore this rule is not subject to the requirements of sections 202 and 205 of UMRA. Executive Order 13132, Federalism The policies contained in this rule will not have substantial direct effects on states or their political subdivisions, or the relationship between the Federal Government and the states, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs or other effects on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of governments. Thus, it has been determined under Executive Order 13132, Federalism, that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Background On December 21, 2000, the Community Renewal Tax Relief Act (Pub. L. 106-554) was signed into law, authorizing the designation of two additional rural empowerment zones, bringing the total authorized rural empowerment zones to ten. The eligibility criteria for Round III are exactly the same as for the rural empowerment zones authorized by the Taxpayer Relief Act of 1997 (Pub. L. 105-34). The Secretary announced on January 11, 2002 that the Northern Maine Development Commission, Inc. (Aroostook County) in Maine and Middle Rio Grande FUTURO Communities in Texas were designated as rural empowerment zones pursuant to the Round III authorizing legislation. It is important to establish with certainty the beginning date of the period that runs with empowerment zone designation for these communities. It is particularly relevant to bond counsels which provide opinions on the validity of tax preferential bonds issued under the empowerment zone provisions in the Internal Revenue Code. Accordingly, this final rule amends the definition of designation date to include the designation date for Round III empowerment zones in addition to the other relevant designation dates. This regulation is being published as a final rule without a Notice of Prior Rulemaking because the change being made is a matter of historical fact and is not subject to change in response to comments. Therefore, public comment is unnecessary and impracticable and contrary to the public interest. For this same reason, this final rule will be effective immediately upon publication. Delegation of Authority In the Final Rule published on March 25, 2002 (67 FR 13553), the Secretary of Agriculture delegated to the Under Secretary, Rural Development, authority to promulgate regulations for 7 CFR part 25. List of Subjects in 7 CFR Part 25 Community development, Economic development, Empowerment zones, Enterprise communities, Housing, Indians, Intergovernmental relations, Reporting and recordkeeping requirements, Rural development. In accordance with the reasons set out in the preamble, 7 CFR part 25 is amended as follows: PART 25—RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES 1. The authority citation for part 25 is revised to read as follows: Authority: 5 U.S.C. 301; 26 U.S.C. 1391; Pub. L. 103-66, 107 Stat. 543; Pub L. 105-34, 111 Stat. 885; Sec. 766, Pub. L. 105-277, 112 Stat. 2681-37; Pub. L. 106-554 [Title I of H.R. 5562], 114 Stat. 2763. Subpart A—General Provision 2. Amend § 25.3 by revising the definition of “designation date” to read as follows: § 25.3 Definitions. *Designation date* means December 21, 1994, in the case of Round I designations, December 24, 1998, in the case of Round II and Round IIS designations and January 11, 2002, in the case of Round III designations. Dated: March 25, 2003. Thomas C. Dorr, Under Secretary, Rural Development. [FR Doc. 03-8039 Filed 4-2-03; 8:45 am]

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