Unknown. Temporary rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-07-01.xml --- 68 126 Tuesday, July 1, 2003 Contents Agriculture Agriculture Department See Cooperative State Research, Education, and Extension Service See Forest Service Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Technology Translation and Transfer of Effective HIV Prevention Behavioral Interventions, 39093-39098 03-16530 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 39098 03-16529 03-16531 Citizenship Citizenship and Immigration Services Bureau NOTICES Temporary protected status program designations: Montserrat, 39106-39109 03-16567 Coast Guard Coast Guard RULES Maritime security: Area maritime security, 39283-39292 03-16187 Automatic Identification System; vessel carriage requirements, 39352-39368 03-16191 Facility security, 39314-39338 03-16189 General provisions, 39239-39284 03-16186 Outer Continental Shelf facility security, 39337-39353 03-16190 Vessels; security measures, 39291-39315 03-16188 Ports and waterways safety:

Colorado River, Laughlin, NV; Avi Resort and Casino Fireworks Show; safety zone, 39017-39018 03-16552 San Diego Bay, CA; North San Diego Bay July 4th Fireworks Show; safety zone, 39015-39017 03-16551 Ulster Landing, NY; Hudson River Swim; safety zone, 39013-39015 03-16550 NOTICES Maritime security: Automatic Identification System; carriage requirements expansion for U.S. waters, 39368-39371 03-16192 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Foreign futures and options transactions:

Application exemptions— ASX Futures Exchanges Party Ltd., 39006-39009 03-16516 Cooperative Cooperative State Research, Education, and Extension Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 39052-39054 03-16507 03-16508 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-16608 39109-39110 03-16609 Defense Defense Department RULES War against terrorism:

Admistrative procedures, 39396-39398 03-16385 Chief defense counsel, detailed defense counsel, and civilian defense counsel; responsibilities, 39388-39391 03-16381 Chief prosecutor, prosecutors, and assistant prosecutors; responsibilities, 39386-39389 03-16380 Civilian defense counsel; qualification, 39390-39394 03-16382 Crimes and elements of trials by military commission, 39380-39387 03-16379 Military commission instructions, 39378-39381 03-16378 Military commission personnel; reporting relationships, 39393-39395 03-16383 Sentencing, 39394-39396 03-16384 Trials by military commissions of certain non-United States citizens; procedures, 39373-39379 03-16377 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Meetings:

Clean diesel engine implementation; workshop, 39018-39019 03-16587 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Nomenclature changes; technical amendments, 39427-39441 03-16613 03-16614 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Texas, 39041-39042 03-16582 NOTICES Agency information collection activities; proposals, submissions, and approvals, 39071-39078 03-16584 03-16585 Grants and cooperative agreements; availability, etc.:

Children's Environmental Health Protection State Level Collaboration to Address Childhood Asthma Initiative (2003 FY), 39078-39084 03-16583 Meetings: Clean Air Compliance Analysis Advisory Council; teleconferences, 39084-39085 03-16576 Environmental Laboratory Advisory Board, 39085 03-16586 National Drinking Water Advisory Council, 39086 03-16588 Reports and guidance documents; availability, etc.: Evaluating the quality of scientific and technical information; summary of general assessment factors, 39086-39087 03-16328 Water pollution control:

National Pollutant Discharge Elimination System— Storm water discharges from construction activities; general permit, 39087-39091 03-16575 Export Export-Import Bank NOTICES Meetings; Sunshine Act, 39091 03-16729 FAA Federal Aviation Administration PROPOSED RULES Class E airspace; correction, 39238 C3-15674 NOTICES Airports: Airfield pavement protection; proposed weight-based restrictions, 39176-39178 03-16462 Committees; establishment, renewal, termination, etc.: National Parks Overflight Advisory Group, 39178-39179 03-16559 Passenger facility charges; applications, etc.:

Bismarck Municipal Airport, ND, 39179 03-16554 General Mitchell International Airport, WI, 39179-39180 03-16553 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 39021-39024 03-16542 03-16543 National Flood Insurance Program: Insurance coverage and rates— Community eligibility suspension, 39019-39021 03-16544 PROPOSED RULES Flood elevation determinations: Various States, 39042-39048 03-16539 03-16541 Federal Energy Federal Energy Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Gulfstream Natural Gas System, L.L.C., 39070-39071 03-16610 High Island Offshore System, L.L.C., 39071 03-16611 Williston Basin Interstate Pipeline Co., 39071 03-16612 Federal Housing Federal Housing Finance Board PROPOSED RULES Federal home loan bank system:

Acquired member assets, core mission activities, and investments and advances; amendments, 39027-39038 03-16477 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 39180-39181 03-16558 Exemption petitions, etc.: Canadian Pacific Railway Co., 39181-39182 03-16557 Farmrail System, Inc., 39182 03-16556 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 39091 03-16526 Permissible nonbanking activities, 39091-39092 03-16525 Federal Transit Federal Transit Administration NOTICES Environmental statements; notice of intent:

Columbus, OH; north corridor transportation improvements, 39182-39185 03-16555 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Interest rates: Renegotiation Board and prompt payment rates, 39185 03-16538 Surety companies acceptable on Federal bonds: Annual list, 39185-39232 03-16513 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Modoc County, 39054 03-16528 GSA General Services Administration NOTICES Privacy Act: Systems of records, 39092-39093 03-16566 Health Health and Human Services Department See Centers for Disease Control and Prevention See Health Resources and Services Administration See National Institutes of Health See Public Health Service See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Nurse Facility Loan Program, 39098-39099 03-16509 Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard See Customs and Border Protection Bureau See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 39110 03-16512 Grants and cooperative agreements; availability, etc.: Lead Hazard Reduction Demonstration Program (2003 FY), 39399-39425 03-16593 Mortgage and loan insurance programs:

FHA multifamily mortgage insurance premiums; reduction, 39443-39445 03-16595 Organization, functions, and authority delegations: Office of Healthy Homes and Lead Hazard Control, Director, 39111 03-16594 Reports and guidance documents; availability, etc.: Alternative Fuel Vehicles Report FY 2002, 39111 03-16511 Indian Indian Affairs Bureau PROPOSED RULES No Child Left Behind Act; implementation: Negotiated rulemaking committee— Meetings, 39038-39039 03-16578 Interior Interior Department See Indian Affairs Bureau IRS Internal Revenue Service RULES Income taxes:

Incidental expenses substantiation, 39011 03-16599 Procedure and administration: Returns required with respect to controlled foreign partnerships, 39012-39013 03-16600 NOTICES Agency information collection activities; proposals, submissions, and approvals, 39233-39236 03-16602 03-16607 Information collection activities; proposals, submissions, and approvals, 39236-39237 03-16601 International International Trade Administration NOTICES Antidumping: Fresh Atlantic salmon from— Chile, 39058-39059 03-16726 Softwood lumber products from— Canada, 39059-39066 03-16648 Antidumping and countervailing duties:

Administrative review requests, 39055-39058 03-16647 Export trade certificates of review, 39066 03-16514 Labor Labor Department See Occupational Safety and Health Administration NOTICES Grants and cooperative agreements; availability, etc.: Colombia Trade Union Training Program, 39111-39131 03-16545 Serbian labor inspectorate; development for the 21st century, 39132-39152 03-16546 NASA National Aeronautics and Space Administration NOTICES Meetings: Biological and Physical Research Advisory Committee, 39154 03-16565 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 39154-39156 03-16510 NIH National Institutes of Health NOTICES Meetings:

National Heart, Lung, and Blood Institute, 39099 03-16503 National Institute of Child Health and Human Development, 39099-39101 03-16497 03-16502 National Institute of Diabetes and Digestive and Kidney Diseases, 39101 03-16504 National Institute of Environmental Health Sciences, 39100 03-16501 National Institute on Alcohol Abuse and Alcoholism, 39100 03-16500 Scientific Review Center, 39101-39103 03-16499 03-16505 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Pacific halibut; Washington sport fisheries, 39024-39026 03-16568 Ocean and coastal resource management: Marine sanctuaries— Florida Keys National Marine Sanctuary, FL; White Bank Dry Rocks Area; temporary no-entry zone, 39005-39006 03-16615 PROPOSED RULES Fishery conservation and management: Atlantic coastal fisheries cooperative management— Weakfish, 39048-39051 03-16573 NOTICES Endangered and threatened species: Anadromous fish take— Nez Perce Indian Tribe, OR; Imnaha River basin population of Snake River spring/summer chinook salmon, 39067-39068 03-16570 Puget Sound Treaty Tribes and Washington Fish and Wildlife Department;

Puget Sound chinook salmon, 39068-39070 03-16571 Washington Fish and Wildlife Department; Middle Columbia River steelhead and Lower Columbia River chinook salmon, 39066-39067 03-16569 Permits: Scientific research, 39070 03-16572 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 39156 03-16810 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 39156-39157 03-16535 03-16537 Environmental statements; availability, etc.:

Merck & Company, Inc., 39157-39159 03-16534 Meetings; Sunshine Act, 39159 03-16692 *Applications, hearings, determinations, etc.:* STP Nuclear Operating Co., 39157 03-16536 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 39153-39154 03-16515 Meetings: Occupational Safety and Health Administration Federal Advisory Council, 39154 03-16547 Postal Postal Service NOTICES Reports and guidance documents;availability, etc.:

National Change of Address Linkage System product, 39159-39161 03-16596 Public Public Debt Bureau See Fiscal Service Public Public Health Service NOTICES Reports and guidance documents; availability, etc.: National Toxicology Program— In vitro methods for assessing dermal corrosivity hazard potential of chemicals; comment request, 39104-39105 03-16506 Railroad Railroad Retirement Board RULES Railroad Retirement Act: Retirement age, 39009-39011 03-16532 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Shares substitution applications— Western-Southern Life Assurance Co., et al., 39163-39168 03-16517 Regulatory responsibility allocation program: National Association of Securities Dealers, Inc., et al., 39168-39169 03-16522 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, 39169-39171 03-16520 National Association of Securities Dealers, Inc., 39171-39172 03-16519 03-16521 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 39161-39163 03-16518 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration NOTICES Interest rates; quarterly determinations, 39175 03-16598 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 39175 03-16592 Art objects; importation for exhibition:

Hudson River School Visions: The Landscapes of Sanford R. Gifford, 39175-39176 03-16591 The Crau at Ales: Peach Trees in Flower, 39176 03-16590 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 39105-39106 03-16674 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration Treasury Treasury Department See Fiscal Service See Internal Revenue Service PROPOSED RULES Financial institutions:

Customer Identification Program, 39039-39041 03-16562 MISSING FOR: United States Sentencing Commission United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts Priority policy issues for amendment cycle; comment request, 39173 03-16574 Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003; implementation; comment request, 39173-39175 03-16577 Veterans Veterans Affairs Department NOTICES Inventions, Government-owned; availability for licensing, 39237 03-16524 Separate Parts In This Issue Part II Homeland Security Department, Coast Guard, 39239-39371 03-16186 03-16192 Part III Defense Department, 39373-39398 03-16377 03-16385 Part IV Housing and Urban Development Department, 39399-39425 03-16593 Part V Environmental Protection Agency, 39427-39441 03-16613 03-16614 Part VI Housing and Urban Development Department, 39443-39445 03-16595 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. 68 126 Tuesday, July 1, 2003 Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 922 [Docket No. 030613151-3151-01] Florida Keys National Marine Sanctuary: Establishment of Temporary No-Entry Zone in the White Bank Dry Rocks Area AGENCY:

National Ocean Service (NOS), National Marine Sanctuary Program. ACTION: Temporary rule. SUMMARY: The National Oceanic and Atmospheric Administration

(NOAA)issues a temporary rule prohibiting all entry into two areas off the east side of Key Largo within federal waters of the Florida Keys National Marine Sanctuary. The combined areas are approximately 0.50 square miles in size. This temporary rule is necessary to prevent injury to, and destruction of, living coral from stress to diseased coral within the close areas, and to protect healthy coral from human-caused contamination. DATES: Entry is prohibited effective June 26, 2003 until August 25, 2003. FOR FURTHER INFORMATION CONTACT: Billy D. Causey, Superintendent, Florida Keys National Marine Sanctuary (FKNMS), Post Office Box 500368, Marathon, Florida 33050,

(305)743-2437. SUPPLEMENTARY INFORMATION: NOAA is by this rule immediately prohibiting all entry into two areas off of Key Largo within federal waters of the Florida Keys National Marine Sanctuary (FKNMS). This action is taken in accordance with 15 CFR 922.165 of the FKNMS regulations (62 FR 32154, June 12, 1997). Section 922.165 provides that, where necessary to prevent or minimize the destruction of, loss of, or injury to a Sanctuary resource, any and all activities are subject to immediate temporary regulation, including prohibition, for up to 60 days, with one 60-day extension. Background This temporary rule is necessitated by the recent discovery of an outbreak of a rapidly-spreading infectious coral disease in parts of the Florida Keys that is killing staghorn coral ( *Acropora cervicornis,* *A. prolifera* ). Field observations describe disease signs that include defined areas of pale/bleached tissue, some areas of clear demarcation between live and dead tissue, and rapid tissue loss from colonies of staghorn coral. This emergency action establishes no-entry zones to quarantine two currently infected coral patch areas that are popular with swimmers and snorkelers visiting the Sanctuary. It is possible that humans entering the waters of the affected areas could inadvertently carry infectious agents to healthy coral reef areas. Infected corals are also more subject to stress from human activities. This action is intended to limit the innocent spread of infectious agents to health coral and to reduce stress to corals within the infected areas. This temporary rule closes two ares, each approximately 0.25 square miles in size, to all entry by humans and vessels except pursuant to a valid scientific research permit. The areas are part of White Bank Dry Rocks off of Key Largo and are referred to for the purpose of this rule as “White Bank North Patch” and “White Bank South Patch”. The locations by coordinates of the closed areas are set forth below.This rule prohibits all activities that are currently allowed in the areas, including transiting and fishing. Vessels greater than 50 meters in length are already prohibited from entering the areas by regulations establishing Areas to be Avoided (15 CFR 922.164(a)). Location and Boundary of No-Entry Zones Effective immediately, all entry is prohibited within the closed areas of White Bank Dry Rocks off of Key Largo. The coordinates of the areas are: White Bank North Patch

(1)25 degrees 02.718 seconds N 80 degrees 22.261 seconds W;

(2)25 degrees 02.780 seconds N 80 degrees 22.105 seconds W;

(3)25 degrees 02.691 seconds N 80 degrees 22.000 seconds W;

(4)25 degrees 02.567 seconds N 80 degrees 22.157 seconds W. White Bank South Patch

(1)25 degrees 02.414 seconds N 80 degrees 22.425 seconds W;

(2)25 degrees 02.446 seconds N 80 degrees 22.267 seconds W;

(3)25 degrees 02.314 seconds N 80 degrees 22.408 seconds W. Penalties Pursuant to 15 CFR 992.45, any violation of this rule is subject to a maximum civil penalty of $120,000 per violation per day. Furthermore, the NMSA and regulations authorize a proceeding in rem against any vessel used in violation of any such regulation. Classification Under 5 U.S.C. 553(b)(B), the Assistant Administrator of the National Ocean Service, NOAA, for good cause, finds that providing prior notice and public procedure thereon with respect to this rule is impracticable and contrary to the public interest. Recent evidence has come to light of an outbreak of infectious coral disease in areas of White Bank Dry Rocks near Key Largo. It is possible that humans entering the waters of the affected areas could inadvertently carry infectious agents to healthy coral reef areas. Infected corals are also more subject to stress from human activities. This action is intended to limit the innocent spread of infectious agents to healthy coral and to reduce stress to corals within the infected areas. As such, further damage to the infected corals as well as to healthy corals outside of the close areas would occur if the prohibition implemented by this rule is delayed to provide prior notice and opportunity for public comment. Likewise, under 5 U.S.C. 553(d)(3), the Assistant Administrator of the National Ocean Service, NOAA, finds good cause to waive the 30-day delay in effective date for this rule. First, if the rule is delayed for 30 days, significant damage to the living coral resources could result. Further, 30 days are not necessary to give notification to visitors who might use the area in the future to move to other nearby sites. The U.S. Coast Guard will give Location immediate notification to vessels to stay out of the no-entry zones. Notification will be made by the U.S. Coast Guard via notice to mariners, Sanctuary radio announcements, press releases, press conferences, and with assistance by the U.S. Coast Guard and Sanctuary staff on the water within the area. This rule is effective upon filing at the Office of the Federal Register. Executive Order 12866 The Office of Management and Budget

(OMB)has concurred that this rule is not significant within the meaning of section 3(f) of Executive Order 12866. Executive Order 12612 NOAA has concluded that this regulatory action does not have federalism implications sufficient to warrant preparation of a federalism assessment under Executive Order 12612. Regulatory Flexibility Act Because this rule is not required to be issued with prior notice and opportunity for public comment by 5 U.S.C. 553 or by any other law, it is not subject to the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* As such, a regulatory flexibility analysis is not required, and none has been prepared. Paperwork Reduction Act This rule does not impose an information collection requirement subject to review and approval by OMB under the Paperwork Reduction Act of 1980, 44 U.S.C. 3500 *et seq.* Dated: June 26, 2003. Ted I. Lillestolen, Captain/NOAA, Associate Deputy Assistant Administrator, Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration. [FR Doc. 03-16615 Filed 6-26-03; 4:24 am]

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