Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-07-11.xml --- 68 133 Friday, July 11, 2003 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Forest Service See National Agricultural Statistics Service Air Force Air Force Department NOTICES Senior Executive Service: Performance Review Boards; membership, 41323 03-17537 Army Army Department See Engineers Corps Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 41300-41301 03-17545 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 41374-41375 03-17560 03-17563 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41375 03-17529 Grants and cooperative agreements; availability, etc.: Head Start programs, 41375-41384 03-17605 Coast Guard Coast Guard RULES Ports and waterways safety: Cleveland, OH; regulated navigation area and safety zone, 41268-41269 03-17598 Lake Michigan, Chicago, IL; safety zone, 41269-41271 03-17599 St.

Croix, U.S. Virgin Islands; security zone [ **Editorial Note:** This document, published at 68 FR 41081 in the **Federal Register** of July 10, 2003, was erroneously listed in that issue's Table of Contents as a safety zone.] Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41299-41300 03-17623 03-17625 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 41297-41299 03-17596 03-17597 Customs Customs and Border Protection Bureau NOTICES Commercial laboratory accreditations:

Alchem Laboratory, Inc., 41395 03-17527 Intertek Testing Services/Caleb Brett, 41394-41395 03-17550 Defense Defense Department See Air Force Department See Engineers Corps NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 41321-41323 03-17609 03-17610 Drug Drug Enforcement Administration RULES Controlled substances; manufacturers, distributors, and dispensers; registration: Reverse distributors; definition and registration, 41222-41230 03-17578 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Migrant Education Program Consortium Incentive Program, 41323-41327 03-17532 Safe and Drug-Free Schools; student drug testing programs, 41328-41330 03-17536 Small, Rural School Achievement Program, 41327-41328 03-17533 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 41400-41401 03-17187 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.:

Northern States Power Co., 41330-41331 03-17593 Public Service Co. of Colorado, 41331-41332 03-17592 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: Reuter-Hess Reservoir, Parker, CO, 41323 03-17520 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Imidacloprid Correction, 41271-41273 03-17674 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 41273 03-17611 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41335-41336 03-17612 Environmental statements; availability, etc.:

Agency statements— Comment availability, 41336-41338 03-17620 Weekly receipts, 41338-41339 03-17621 Meetings: Good Neighbor Environmental Board, 41339-41340 03-17613 Pesticide, food, and feed additive petitions: Interregional Research Project (No. 4), 41345-41349 03-17617 PURAC America, Inc., 41349-41353 03-17618 03-17619 Pesticide registration, cancellation, etc.: Benomyl, etc., 41340-41341 03-17616 Drexel Chemical Co. et al., 41341-41343 03-17512 Sumitomo Chemical Co., Ltd., et al., 41343-41345 03-17509 Superfund program:

Federal Agency Hazardous Waste Compliance Docket; Federal facilities; list update, 41353-41368 03-17614 Water supply: Public water supply supervision program— South Carolina, 41368-41369 03-17615 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FCC Federal Communications Commission RULES Digital television stations; table of assignments: Michigan, 41284 03-17575 Television broadcasting: Broadcast auxiliary service rules Suspension, 41284-41286 03-17569 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Athens Generating Co., L.P., et al., 41332-41333 03-17542 New York Electric & Gas Corp. et al., 41333-41335 03-17543 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Cameron and Willacy Counties, TX, 41413-41414 03-17539 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 41369 03-17540 Formations, acquisitions, and mergers, 41369 03-17541 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;

Sunshine Act, 41369 03-17749 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Depository Compensation Securities regulations, 41266-41267 03-17531 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— Tumbling Creek cavesnail, 41395-41396 03-17565 Environmental statements; availability, etc.: Incidental take permits— Boulder County, CO; Preble's meadow jumping mouse, 41396-41397 03-17577 Food Food and Drug Administration RULES Food for human consumption:

Food labeling— Trans fatty acids in nutrition labeling, nutrient content claims, and health claims, 41433-41506 03-17525 PROPOSED RULES Food for human consumption: Food labeling— Trans fatty acids in nutrition labeling, nutrient content claims, and health claims; footnote or disclosure statements, 41506-41510 03-17526 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41384-41385 03-17574 Animal drugs, feeds, and related products: Ivermectin, 41385-41386 03-17638 Human drugs:

Sunscreen ingredients (OTC); safety and efficacy review, 41386-41387 03-17637 Reports and guidance documents; availability, etc.: Scientific data evidence-based ranking system; and conventional human food and dietary supplements labeling; health claims, 41387-41390 03-17702 Forest Forest Service NOTICES Environmental statements; notice of intent: Beaverhead-Deerlodge National Forest, MT, 41295-41296 03-17559 Meetings: Land Between the Lakes Advisory Board, 41296 03-17558 GSA General Services Administration RULES Acquisition regulations:

Industrial funding fee and sales reporting clauses; consolidation, 41286-41289 03-17552 Federal property management: Claims collection, 41274-41284 03-17286 PROPOSED RULES Federal claims collection: Administrative wage garnishment, 41290-41294 03-17400 NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 41321-41323 03-17609 03-17610 Reports and guidance documents; availability, etc.: E-Authentication for Federal Agencies; policy, 41370-41374 03-17634 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Operational health center networks, 41390-41391 03-17530 Historic Historic Preservation, Advisory Council NOTICES Army Alternate Procedures; amendment, 41295 03-17544 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau PROPOSED RULES Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act); implementation, 41419-41432 03-17561 NOTICES Meetings: Human Resource Management System Senior Review Advisory Committee, 41394 03-17595 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 41395 03-17393 Indian Indian Affairs Bureau NOTICES Meetings: Indian education topics; tribal consultation, 41397-41398 03-17576 Indian Indian Health Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 41391-41392 03-17639 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Eligible deferred compensation plans; deferred compensation, 41230-41250 03-17523 Loss corporations; interests distributions from qualified trusts Correction, 41417 C3-16229 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41415-41416 03-17630 03-17631 Meetings: Taxpayer Advocacy Panels, 41416 03-17632 International International Boundary and Water Commission, United States and Mexico NOTICES Environmental statements; availability, etc.:

Cameron, Hidalgo, and Willacy Counties, TX; Lower Rio Grande Flood Control Project, 41403-41404 03-17564 International International Trade Administration NOTICES Antidumping: Corrosion-resistant carbon steel flat products from— Canada, 41302-41303 03-17626 Preserved mushrooms from— China, 41304-41310 03-17628 India, 41303-41304 03-17627 Countervailing duties: In-shell pistachios from— Iran, 41310-41313 03-17629 North American Free Trade Agreement (NAFTA); binational panel reviews:

Sodium hydroxide in aqueous solution from— United States, 41313 03-17547 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment Standards Administration See Occupational Safety and Health Administration PROPOSED RULES Nondiscrimination on basis of age in federally assisted programs or activities, 41511-41517 03-17591 Land Land Management Bureau NOTICES Survey plat filings: Colorado, 41398 03-17538 Mexico Mexico and United States, International Boundary and Water Commission See International Boundary and Water Commission, United States and Mexico NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 41321-41323 03-17609 03-17610 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 41296-41297 03-17546 National Institute National Institute of Standards and Technology NOTICES Committees; establishment, renewal, termination, etc.: Advanced Technology Program Advisory Committee, 41313 03-17636 Meetings:

Building secure configurations/security settings/security checklists for information technology products widely used in Federal government; workshop, 41313-41314 03-17635 NOAA National Oceanic and Atmospheric Administration NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Lamont-Doherty Earth Observatory; Hess Deep, Eastern Equatorial Pacific Ocean; cetaceans and pinnipeds, 41314-41321 03-17622 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Apostle Island National Lakeshore, WI, 41398-41399 03-17549 Environmental statements; notice of intent: Long Walk National Historic Trail Study, AZ and NM, 41399-41400 03-17548 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 41404 03-17695 Nuclear Nuclear Regulatory Commission RULES Organization, functions, and authority delegations: Nuclear Security and Incident Response Office; amendments, 41221-41222 03-17583 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41404 03-17581 Environmental statements; availability, etc.:

Arizona Public Service Co. et al., 41407-41408 03-17579 Regulatory guides; issuance, availability, and withdrawal; correction, 41408-41409 03-17582 *Applications, hearings, determinations, etc.:* Duke Power Co., 41405-41407 03-17580 Private Fuel Storage, L.L.C., 41407 03-17584 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41401-41403 03-17633 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Postal Postal Service NOTICES Meetings;

Sunshine Act, 41409 03-17775 Presidential Presidential Documents ADMINISTRATIVE ORDERS International Criminal Court; waiving prohibition on United States military assistance to parties to the Rome Statute (Presidential Determination No. 2003-27 of June 30, 2003), 41219 03-17776 Public Public Debt Bureau See Fiscal Service RULES Depository Compensation Securities regulations, 41266-41267 03-17531 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

International Securities Exchange, Inc., 41409-41410 03-17588 National Securities Clearing Corp., 41410-41411 03-17589 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41411-41412 03-17553 03-17555 Disaster loan areas: Georgia, 41412 03-17603 Kentucky, 41412 03-17556 Texas, 41413 03-17604 State State Department NOTICES Foreign Operations, Export Financing, and Related Programs Appropriations Act: Determinations— Magen David Adom Society of Israel; participation in International Red Cross and Red Crescent Movement activities, 41413 03-17601 Statistical Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Mental Health Services Center— Child Tramatic Stress National Center, 41392-41393 03-17640 Violence and Behavioral Health Problems Prevention; Technical Assistance Resource Center, 41393-41394 03-17641 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 41400 03-17594 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Metro Regional Transit Authority, 41414-41415 03-17345 03-17468 Trade Trade Representative, Office of United States NOTICES Meetings:

Industry Sector Advisory Committees— Services, 41413 03-17590 Transportation Transportation Department See Federal Highway Administration See Surface Transportation Board NOTICES Aviation proceedings: Hearings, etc.— Victory Air Transport, Inc., 41413 03-17600 Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Public Debt Bureau RULES Terrorism Risk Insurance Program, 41250-41266 03-17585 Separate Parts In This Issue Part II Homeland Security Department, 41419-41432 03-17561 Part III Health and Human Services Department, Food and Drug Administration, 41433-41510 03-17525 03-17526 Part IV Labor Department, 41511-41517 03-17591 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. 68 133 Friday, July 11, 2003 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 95 [3150-AH17] Facility Security Clearance and Safeguarding of National Security Information and Restricted Data—Minor Changes AGENCY:

Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations to reflect organizational changes resulting from the creation of the Office of Nuclear Security and Incident Response, to correct a minor error, and to change the example of the derivative classification stamp. EFFECTIVE DATE: July 11, 2003. FOR FURTHER INFORMATION CONTACT: J. Keith Everly, Information Security Section, Division of Nuclear Security, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-7048. SUPPLEMENTARY INFORMATION: The events of September 11, 2001, highlighted the need to examine the way NRC was organized to carry out its safeguards, security, and incident response function. After a review of its organizational structure, the NRC, effective on April 7, 2002, added a new Office of Nuclear Security and Incident Response

(NSIR)to its organization. As part of the creation of this new office, NRC's Information Security Section, which was part of the Division of Facilities and Security, Office of Administration, was moved to the Division of Nuclear Security, NSIR. This section receives all communications and reports concerning the regulations in 10 CFR part 95, “Facility Security Clearance and Safeguarding of National Security Information and Restricted Data.” Therefore, the regulations in this part were changed to reflect the transfer of the Information Security Section to NSIR. Accordingly, in relevant sections of part 95, the organization identification of “Facilities and Security, Office of Administration” has been changed to “Nuclear Security, Office of Nuclear Security and Incident Response.” In addition, the final rule corrects the first sentence of 10 CFR 95.1 by removing the words “security facility approval” and adding in their place the words “facility security clearance.” This final rule also amends the example of the derivative classification stamp in paragraph (c)(1)(iii) of 10 CFR 95.37, “Classification and preparation of documents,” for derivative classification of classified National Security Information regarding the Originating Agency's Determination Required

(OADR)declassification instruction. In accordance with Executive Order 12958, “Classified National Security Information,” as implemented in 32 CFR part 2001, OADR is no longer used on newly generated documents as of October 16, 1995. Additionally, documents generated under previous executive orders do not have to be remarked. The derivative classification stamp includes instructions for declassification. Because these amendments deal solely with NRC organization, procedure, or practice, the notice and comment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553 (b)(A). In addition, good cause exists pursuant to 5 U.S.C. 553(d) to dispense with the usual 30-day delay in the effective date, because these amendments are of a minor nature, dealing with the organization and procedures of the NRC. Therefore, these amendments are effective upon publication in the **Federal Register** . Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22 (c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. Paperwork Reduction Act Statement This final rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). Existing requirements were approved by the Office of Management and Budget, approval number 3150-0047. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number. Regulatory Analysis A regulatory analysis has not been prepared for this final rule because this rule is administrative in that it amends the regulations to reflect organizational changes. These are considered minor non-substantive amendments and will not have a significant impact on NRC licensees or the public. Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule because this rule does not involve any provisions that would impose a backfit as defined in 10 CFR Chapter 1. Therefore a backfit analysis is not required for this rule. List of Subjects in 10 CFR Part 95 Classified information, Criminal penalties, Reporting and record keeping requirements, Security measures. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 95. PART 95—-FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL SECURITY INFORMATION AND RESTRICTED DATA 1. The authority citation for part 95 continues to read as follows: Authority: Secs. 145, 161, 193, 68 Stat. 942, 948, as amended (42 U.S.C. 2165, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); E.O. 10865, as amended, 3 CFR 1959-1963 COMP., p. 398 (50 U.S.C. 401, note); E.O. 12829, 3 CFR 1993 Comp., p.570; E.O. 12958, as amended, 3 CFR, 1995 Comp., p.333; E.O. 12968, 3 CFR 1995 Comp., p. 391. § 95.1 [Amended] 2. In § 95.1, in the first sentence, remove the words “security facility approval,” and add in their place the words “facility security clearance.” § 95.9 [Amended] 3. In § 95.9, remove the words “Facilities and” and add in their place the word “Nuclear.” § 95.19 [Amended] 4. In § 95.19, the introductory text of paragraph (a), in the second sentence, remove the words “ Facilities and Security, Office of Administration” and add in their place the words “Nuclear Security, Office of Nuclear Security and Incident Response.” In the third sentence, remove the words “Facilities and,” and add in their place the word “Nuclear,” and in paragraph (c), remove the words “Facilities and” and add in their place the word “Nuclear.” § 95.20 [Amended] 5. In § 95.20, in the first sentence, remove the words “Facilities and” and add in their place the word “Nuclear.” § 95.21 [Amended] 6. In § 95.21, in the first sentence, remove the words “Facilities and” and add in their place the word “Nuclear.” § 95.36 [Amended] 7. In § 95.36, in paragraph (a), in the first sentence, remove the words “Facilities and” and add in their place the word “Nuclear.” In paragraph (c), in the first sentence, remove the words “Facilities and” and add in their place the word “Nuclear,” and in paragraph (d), in the third and fourth sentences, remove the words “Facilities and” and add in their place the word “Nuclear.” 8. In § 95.37, paragraph (c)(1)(iii) is revised to read as follows: § 95.37 Classification and preparation of documents.

(c)* * *

(1)* * *

(iii)An example of the marking stamp is as follows: Derived from (Source/Date) Reason: Declassify On: (Date/Event/Exemption) Classifier: (Name/Title/Number) § 95.45 [Amended] 9. In § 95.45, in paragraph (a), in the second sentence, remove the words “Facilities and Security, Office of Administration,” and add in their place the words “Nuclear Security, Office of Nuclear Security and Incident Response,” and in the third sentence, remove the words “Facilities and” and add in their place the word “Nuclear.” § 95.53 [Amended] 10. In § 95.53, in the third sentence, remove the words “Facilities and” and add in their place the word “Nuclear.” § 95.57 [Amended] 11. In § 95.57, paragraph (c), in the first sentence, remove the words “Facilities and” and add in their place the word “Nuclear,” and in the third sentence, remove the words “Facilities and” and add in their place the word “Nuclear.” Dated at Rockville, Maryland, this 25th day of June 2003. For the Nuclear Regulatory Commission. William D. Travers, Executive Director for Operations. [FR Doc. 03-17583 Filed 7-10-03; 8:45 am]

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