Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-07-15.xml --- 68 135 Tuesday, July 15, 2003 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: Consolidated program; 13 priority areas, 41805-41810 03-17914 Agricultural Agricultural Marketing Service RULES Grapes grown in— California, 41683-41686 03-17798 Raisins produced from grapes grown in— California, 41686-41691 03-17799 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41777-41779 03-17800 03-17801 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service PROPOSED RULES Biodiesel Fuel Education Program; administrative provisions, 41751-41757 03-17851 NOTICES Grants and cooperative agreements; availability, etc.:

Biodiesel Fuel Education Program, 41770-41777 03-17852 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 41810-41812 03-17810 03-17811 03-17812 Grants and cooperative agreements; availability, etc.: Emerging Infections Program, 41812-41815 03-17805 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Long-term care hospitals; prospective payment system; annual payment rate updates and policy changes Correction, 41860-41861 C3-14078 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41816 03-17913 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Projects of National Significance Program, 41816-41828 03-17842 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 41716 03-17368 Ports and waterways safety:

Bogue Sound, Morehead City, NC; security zone, 41721-41722 03-17834 Cape Fear River Bridge, NC; security zone, 41716-41719 03-17836 Lake Erie, Cleveland, OH; safety zone, 41719-41721 03-17835 Military Ocean Terminal Sunny Point, Cape Fear River, NC; security zone, 41722-41724 03-17833 PROPOSED RULES Ports and waterways safety: Puget Sound, WA; protection of large passenger vessels; security and safety zones, 41764-41768 03-17723 NOTICES Committees; establishment, renewal, termination, etc.:

Chemical Transportation Advisory Committee, 41836 03-17837 Commerce Commerce Department See Industry and Security Bureau See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41780 03-17780 Overseas trade missions: 2003 trade missions— St. Petersburg and Moscow, Russia; oil and gas business development mission, 41780-41782 03-17807 Commodity Commodity Futures Trading Commission NOTICES Contract market proposals:

Chicago Mercantile Exchange— Live cattle, 41783-41784 03-17819 Customs Customs and Border Protection Bureau NOTICES Tariff classification standards: Dairy protein blends; petition denied; party's desire to contest decision, 41836-41839 03-17802 Defense Defense Department See Navy Department NOTICES Environmental statements; availability, etc.: Missile Defense Agency; Ground-Based Midcourse Defense Extended Test Range, 41784-41785 03-17956 Meetings: Defense Business Practice Implementation Board, 41785 03-17778 Defense Policy Board Advisory Committee, 41785 03-17779 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-17803 41786-41787 03-17853 Meetings:

National Assessment Governing Board, 41787-41788 03-17868 Employment Employment and Training Administration NOTICES Adjustment assistance: Collins & Aikman Automotive Systems, 41844 03-17822 Evening Vision Dresses, Ltd., 41844-41845 03-17829 Harriet & Henderson Yarns, Inc., 41845 03-17825 IBM Corp., 41845-41846 03-17823 Leviton Manufacturing Co.. Inc., 41846 03-17824 Nestle USA, 41846 03-17826 Solid State-Filtronics, 41846-41847 03-17830 Sun Apparel of Texas, 41847-41848 03-17827 Tyler Refrigeration, 41848 03-17828 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency NOTICES Reports and guidance documents; availability, etc.:

Pesticides— Data submitter rights for data submitted in support of tolerance actions, 41789-41791 03-17901 FAA Federal Aviation Administration RULES Airworthiness directives: Bombardier; correction, 41861 C3-9690 Class E airspace, 03-17760 41691-41696 03-17761 03-17765 03-17766 PROPOSED RULES Airworthiness directives: Dornier, 41762-41764 03-17817 GROB-WERKE, 41760-41762 03-17818 NOTICES Exemption petitions; summary and disposition, 41856 03-17759 Passenger facility charges; applications, etc.:

Hartsfield Atlanta International Airport, GA, 41856-41857 03-17767 FCC Federal Communications Commission RULES Radio stations; table of assignments: New Jersey, 41724-41725 03-17832 NOTICES Common carrier services: Wireless telecommunications services— ITFS, MDS, and MMDS pending applications, 41791-41805 03-17831 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: New England Independent System Operator, Inc., et al., 41788-41789 03-17848 FTC Federal Trade Commission PROPOSED RULES Trade regulation rules:

Home insulation; labeling and advertising, 41871-41900 03-17854 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 41840-41841 03-17849 Natural resource damage assessment plans; availability etc.: Lee County, VA; Lone Mountain Processing, Inc. Coal Slurry Spill, 41841 03-17813 Forest Forest Service PROPOSED RULES National Forest System land and resource management planning: Special areas— Roadless area conservation, 41863-41865 03-17419 Roadless area conservation;

Tongass National Park, AK, 41864-41869 03-17420 NOTICES Environmental statements; notice of intent: Buffalo Gap National Grassland, SD, 41779-41780 03-17850 GAO General Accounting Office PROPOSED RULES Personnel Appeals Board; procedural regulations, 41742-41751 03-17785 Government Government Ethics Office RULES Organization, functions, and authority delegations, 41681-41683 03-17787 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 41839-41840 03-17770 Organization, functions, and authority delegations:

Assistant Secretaries et al.; authority to affix Department seal and authenticate documents, 41840 03-17769 Government National Mortgage Association, President, 41840 03-17768 Industry Industry and Security Bureau NOTICES Meetings: President's Export Council, 41782 03-17804 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office Justice Justice Department See Parole Commission Labor Labor Department See Employment and Training Administration See Labor Statistics Bureau Labor Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 41849-41850 03-17821 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Front Range, 41841-41842 03-17814 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: American Petroleum Institute Recommended Practice 2A-WSD (21st edition); incorporation by reference Correction, 41861 C3-17192 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals, 41850-41851 03-17784 NIH National Institutes of Health NOTICES Meetings:

National Cancer Institute, 41828 03-17789 03-17792 National Center on Minority Health and Health Disparities, 41828-41829 03-17861 03-17862 National Institute of Allergy and Infectious Diseases, 41831-41832 03-17859 03-17860 National Institute of Child Health and Human Development, 41830-41831 03-17795 03-17796 National Institute of Dental and Craniofacial Research, 41832 03-17864 National Institute of Diabetes and Digestive and Kidney Diseases, 41831 03-17857 National Institute of General Medical Sciences, 41829-41830 03-17790 03-17791 National Institute of Mental Health, 03-17793 41830 03-17794 National Institute on Alcohol Abuse and Alcoholism, 41829 03-17788 Scientific Review Center, 41832-41835 03-17797 03-17858 03-17863 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Lee's Pharmaceutical Holdings, Ltd., 41835 03-17865 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals: Commercial fishing authorizations— Fisheries categorized according to frequency of incidental takes; 2003 list, 41725-41741 03-17866 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Swordfish and bluefin tuna, 41769 03-17867 NOTICES Agency information collection activities; proposals, submissions, and approvals, 41782-41783 03-17808 Navy Navy Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Sensera, Inc., 41785-41786 03-17809 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: AEA Technology QSA, Inc.; denied, 41757-41760 03-17846 NOTICES Meetings; Sunshine Act, 41851 03-17939 *Applications, hearings, determinations, etc.:* Fansteel, Inc., 41851 03-17847 Parole Parole Commission RULES Federal prisoners; paroling and releasing, etc.: District of Columbia and United States codes; prisoners serving sentences— Supervision of released prisoners serving supervised release terms, 41696-41714 03-17176 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans:

Allocation of assets— Interest assumptions for valuing and paying benefits, 41714-41716 03-17843 NOTICES Single-employer and multiemployer plans: Interest rates and assumptions, 41851-41852 03-17844 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent: Lake Cascade Fishery Restoration, Boise Project, Payette Division, ID;, 41842-41843 03-17815 Research Research and Special Programs Administration PROPOSED RULES Pipeline safety: Hazardous liquid transportation— Gas transmission pipelines; integrity management in high consequence areas;

Technical Pipeline Safety Standards Advisory Committee meeting, 41768-41769 03-17722 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Municipal Securities Rulemaking Board, 41852-41854 03-17786 State State Department NOTICES Arms Export Control Act: Export licenses; congressional notifications, 41854-41856 03-17783 Meetings: Cultural Property Advisory Committee, 41856 03-17781 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 41843-41844 03-17855 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Kansas City Southern, 41857-41858 03-17839 Toledo, Peoria, & Western Railway Corp., 41858 03-17840 Union Pacific Railway Co., 41858-41859 03-17346 Transportation Transportation Department See Federal Aviation Administration See Research and Special Programs Administration See Surface Transportation Board Separate Parts In This Issue Part II Agriculture Department, Forest Service, 41863-41869 03-17419 03-17420 Part III Federal Trade Commission, 41871-41900 03-17854 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. 68 135 Tuesday, July 15, 2003 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2600 RIN 3209-AA21 Updating Amendments to Office of Government Ethics Organization and Functions Regulation AGENCY: Office of Government Ethics (OGE).

ACTION: Final rule. SUMMARY: The Office of Government Ethics is updating its organization and functions regulation. These amendments are necessary because of organizational changes that have occurred within OGE since the regulation was first published in 1990. In addition, OGE is making other minor changes to improve the regulation and to make information concerning OGE programs more readily available to the public and to other Federal agencies. EFFECTIVE DATE: July 15, 2003.

FOR FURTHER INFORMATION CONTACT: Elizabeth Horton, Attorney Advisor, Office of Government Ethics; Telephone: 202-482-9300; TDD (Telecommunications Device for the Deaf and Speech Impaired): 202-482-9293; FAX: 202-482-9237. SUPPLEMENTARY INFORMATION: In recent years, the Office of Government Ethics has made several changes to its organizational structure. These changes were made to improve OGE's internal agency operations, provide more emphasis on its education programs, increase emphasis on its annual and termination financial disclosure systems for Presidential appointees confirmed by the Senate, and to expand many of the other ethics program services that OGE provides to executive branch agencies.

Among these changes, OGE created a new Office of Agency Programs

(OAP)to replace the former Office of Program Assistance and Review. OAP was later reorganized to include three divisions: the Education Division, the Program Services Division, and the Program Review Division. Since OGE's organization and functions regulation was published in 1990, as codified at 5 CFR part 2600, OGE has also established the Office of Government Relations and Special Projects (OGRSP). Over the past several years, OGE has received requests from U.S. foreign policy-making entities and has provided technical assistance through the OGRSP to foreign governments and multinational organizations concerning preventive programs (like OGE's) which are part of larger anticorruption efforts. The Office of Administration and Information Management

(OAIM)was added as a separate office within OGE due to the increased use of information technology within OGE and by other Federal agencies in fulfilling their respective missions. The OAIM assists OGE in its continuing efforts to provide improved customer service, to persons both within and outside the executive branch of the Federal Government. Part 2600 is now being amended to reflect the addition of these offices and to provide a short description of the functions of each. The statement of the functions of the Office of the Director in paragraph

(b)of § 2600.103 has been modified to reflect additional responsibilities that have been acquired by the OGE Director since 1990 and to accommodate recent changes made to that office's organization. Pursuant to Executive Order 12805, the Director serves as a member of both the President's Council on Integrity and Efficiency

(PCIE)and the Executive Council on Integrity and Efficiency (ECIE). These councils were established to coordinate and enhance Governmental efforts to promote integrity and efficiency and to detect and prevent fraud, waste, and abuse in Federal programs. The Director also serves, pursuant to Executive Order 12993, as a member of the Integrity Committee. This committee receives, reviews and refers for investigation certain allegations of wrongdoing against Inspectors General and certain staff members of the Inspector General's Offices. The Director's responsibilities also include leading many of OGE's outreach activities with private and nongovernmental sector entities. These activities are designed to promote awareness of OGE and its mission as well as to share ideas and best practices. We have amended § 2600.103 to reflect these new responsibilities. Finally, other changes being made in part 2600 include providing OGE's Internet Web site address, providing OGE's new main telephone numbers, and updating the information in the section describing OGE's history. Other minor changes were made to some section headings in this part and to the regulation's language in a few places. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of Government Ethics, I find good cause exists for waiving the general notice of proposed rulemaking, opportunity for public comment, and 30-day delay in effectiveness as to this regulatory revision. The notice, comment and delayed effective date are being waived because this regulation concerns matters of agency organization, practice and procedure. Executive Order 12866 In promulgating these amendments, OGE has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Planning and Review. These amendments have not been reviewed by the Office of Management and Budget under that Executive order, since they are not deemed “significant” thereunder. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this final amendatory regulation in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. Regulatory Flexibility Act As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this rulemaking will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this rulemaking does not contain information collection requirements that require the approval of the Office of Management and Budget. Congressional Review Act The Office of Government Ethics has determined that this amendatory rulemaking is a nonmajor rule under the Congressional Review Act (5 U.S.C. chapter 8) and will submit a report thereon to the U.S. Senate, House of Representatives and General Accounting Office in accordance with that law at the same time this rulemaking document is sent to the Office of the Federal Register for publication in the **Federal Register.** List of Subjects in 5 CFR Part 2600 Conflict of interests, Government employees, Organization and functions (Government agencies). Approved: July 1, 2003. Amy L. Comstock, Director, Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the Office of Government Ethics is revising 5 CFR part 2600 to read as follows: PART 2600—ORGANIZATION AND FUNCTIONS OF THE OFFICE OF GOVERNMENT ETHICS Sec. 2600.101 Mission and history. 2600.102 Contact information. 2600.103 Office of Government Ethics organization and functions. Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. § 2600.101 Mission and history.

(a)The Office of Government Ethics

(OGE)was established by the Ethics in Government Act of 1978, Public Law 95-521, 92 Stat. 1824 (1978). OGE exercises leadership in the executive branch of the Federal Government to prevent conflicts of interest on the part of executive branch employees and resolve those conflicts of interest that do occur. In partnership with executive branch departments and agencies, OGE fosters high ethical standards for executive branch employees which, in turn, strengthens the public's confidence that the Government's business is conducted with impartiality and integrity.

(b)Originally an entity within the Office of Personnel Management, OGE became a separate executive branch agency on October 1, 1989, pursuant to section 3 of the Office of Government Ethics Reauthorization Act of 1988, Public Law 100-598, 102 Stat. 3031 (1988). OGE is the supervising ethics office for all executive branch officers and employees pursuant to the Ethics Reform Act of 1989, Public Law 101-194, 103 Stat. 1716 (1989), as amended by Public Law 101-280, 104 Stat. 149 (1990). Additionally, OGE has various responsibilities under Executive Order 12674 of April 12, 1989, “Principles of Ethical Conduct for Government Officers and Employees” (3 CFR, 1989 Comp., pp. 215-218), as modified by Executive Order 12731 of October 17, 1990 (3 CFR, 1990 Comp., pp. 306-311). § 2600.102 Contact information.

(a)*Address.* The Office of Government Ethics is located at 1201 New York Avenue, NW., Suite 500, Washington, DC 20005-3917. OGE does not have any regional offices.

(b)*Web site.* Information about OGE and its role in the executive branch ethics program as well as copies of publications that have been developed for training, educational and reference purposes are available electronically on OGE's Internet Web site ( *http://www.usoge.gov* ). The Web site has copies of various Executive orders, statutes, and regulations that together form the basis for the executive branch ethics program. The site also contains ethics advisory opinions and letters published by OGE, as well as other information pertinent to the Office.

(c)*Telephone numbers.* OGE's main telephone number is 202-482-9300. Persons who are deaf or speech impaired may contact OGE at the following TDD (Telecommunications Device for the Deaf and Speech Impaired) number: 202-482-9293. The main OGE FAX number is 202-482-9237. § 2600.103 Office of Government Ethics organization and functions.

(a)The Office of Government Ethics is divided into the following offices:

(1)The Office of the Director;

(2)The Office of General Counsel and Legal Policy;

(3)The Office of Government Relations and Special Projects;

(4)The Office of Agency Programs; and

(5)The Office of Administration and Information Management.

(b)*Office of the Director.* The Director of the Office of Government Ethics is appointed by the President and confirmed by the Senate. The Director advises the White House and executive branch Presidential appointees on Government ethics matters; maintains a liaison and provides guidance on ethics to executive branch departments and agencies; and oversees and coordinates all OGE rules, regulations, formal advisory opinions and major policy decisions. The Director also serves as a member of the President's Council on Integrity and Efficiency; the Executive Council on Integrity and Efficiency; the Integrity Committee; and on such other boards, councils, and committees as may be required by statute, Executive order or regulation. The Director represents the agency in various public outreach initiatives.

(c)*Office of General Counsel and Legal Policy.*

(1)The Office of General Counsel and Legal Policy develops regulations and legislative proposals pertaining to conflict of interest statutes and standards of ethical conduct applicable to executive branch officers and employees, and executive branch public and confidential financial disclosure requirements. In addition, this Office provides advice and counseling to agency ethics officials through formal and informal advisory opinions, policy memoranda, and consultations. This Office also manages OGE's review and certification of financial disclosure reports filed by persons nominated by the President for positions requiring Senate confirmation; oversees the creation and operation of qualified and blind trusts and the issuance of certificates of divestiture; and responds to press inquiries.

(2)The General Counsel is the principal deputy of the Director of OGE.

(d)*Office of Government Relations and Special Projects.* The Office of Government Relations and Special Projects provides liaison to the Office of Management and Budget and to the Congress regarding legislative matters, coordinates OGE's support of U.S. Government efforts concerning international anticorruption and ethics initiatives, and is responsible for certain OGE special projects.

(e)*Office of Agency Programs.*

(1)The Office of Agency Programs provides services to, and monitors, Federal executive branch agency ethics programs through three divisions: the Education Division, the Program Services Division, and the Program Review Division.

(i)The Education Division develops ethics-related, instructor-led and Web-based training programs for executive agency ethics officials. The division also develops training for ethics officials to deliver to their employees. The division conducts annual surveys to determine the training needs of ethics officials and tailors its program to address those needs.

(ii)The Program Services Division is OGE's primary liaison to ethics officials in executive branch departments and agencies. Through its desk officers, the division assists ethics officials in developing, maintaining and improving all systems within their ethics programs. The division also discloses upon proper request copies of public financial disclosure reports that are filed with OGE, collects semiannual reports of payments accepted under 31 U.S.C. 1353, and works closely with ethics officials to ensure that annual and termination public financial disclosure reports and ethics agreements comply with ethics laws and regulations.

(iii)The Program Review Division monitors compliance with executive branch ethics laws and regulations in executive branch departments and agencies, regional offices, and military bases through on-site ethics program reviews. Reviews are conducted to identify and report strengths and weaknesses of agency ethics programs according to an annual program plan.

(2)In addition to the functions performed by its three divisions, the Office of Agency Programs holds an annual ethics conference and collects annual reports concerning certain aspects of agency ethics programs.

(f)*Office of Administration and Information Management.* The Office of Administration and Information Management provides support to all OGE operating programs through two divisions: The Administration Division and the Information Resources Management Division.

(1)The Administration Division is responsible for personnel, payroll, fiscal resource management, travel, procurement, and the publishing and printing of materials.

(2)The Information Resources Management Division is responsible for telecommunications, graphics, records management, program management of information, and Web site technologies. [FR Doc. 03-17787 Filed 7-14-03; 8:45 am]

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