Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-08-01.xml --- 68 148 Friday, August 1, 2003 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Forest Service See Rural Business-Cooperative Service See Rural Utilities Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 45211-45213 03-19552 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-19576 45242-45245 03-19577 03-19580 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Hospital inpatient prospective payment systems and 2004 FY rates, 45345-45672 03-19363 Medicare and Medicaid: Hospital inpatient rehabilitative facilities prospective payment system and 2004 FY rates, 45673-45728 03-19540 Coast Guard Coast Guard RULES Ports and waterways safety: Chesapeake Bay, MD— Chesapeake Bay and tributaries; safety and security zones, 45164-45165 03-19544 Cove Point Liquefied Natural Gas Terminal; safety and security zone, 45165-45167 03-19545 PROPOSED RULES Anchorage regulations:

Florida, 45190-45192 03-19647 NOTICES Meetings: Great Lakes Pilotage Advisory Committee, 45264-45265 03-19646 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled PROPOSED RULES Nonprofit agencies; annual certifications; due dates, 45195-45196 03-19630 NOTICES Procurement list; additions and deletions, 45217-45218 03-19628 03-19629 Commodity Commodity Credit Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 45213 03-19551 Comptroller Comptroller of the Currency NOTICES Reports and guidance documents; availability, etc.:

Agency Strategic Plan (2003-2008 FY), 45313-45314 03-18768 Defense Defense Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 45223 03-19547 Meetings: Capabilities for Domestic Response to Terrorist Attacks Involving Weapons of Mass Destruction Advisory Panel, 45223-45224 03-19550 Strategic Environmental Research and Development Program Scientific Advisory Board, 45224 03-19548 Travel per diem rates, civilian personnel; changes, 45224-45229 03-19549 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Meredith, George Minor, II, M.D., 45280-45281 03-19631 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Postsecondary education— Jacob K. Javits Fellowship Program, 45229-45230 03-19624 Special education and rehabilitative services— Children with Disabilities Technical Assistance and Dissemination to Improve Services and Results Program, 45230 03-19645 Meetings: Foreign Medical Education and Accreditation National Committee, 45230-45231 03-19530 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 45281-45282 03-19317 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 45231 03-19627 EPA Environmental Protection Agency RULES Air pollution control: Federal operating permits program— California agricultural sources; application deadline extension, 45167-45168 03-19282 PROPOSED RULES Hazardous waste program authorizations: Idaho, 45192-45195 03-18738 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 45238-45239 03-19642 Weekly receipts, 45237-45238 03-19641 Meetings:

Science Advisory Board, 45239-45240 03-19637 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Cessna, 03-19584 45176-45177 03-19585 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 45231-45232 03-19599 Hydroelectric applications, 45236-45237 03-19600 Reports and guidance documents; availability, etc.:

Public utility market-based rate authorizations; terms and conditions investigation, 45237 03-19609 *Applications, hearings, determinations, etc.:* ACN Utility Services, Inc., 45232-45233 03-19597 D.E. Shaw Plasma Trading, L.L.C., et al., 45233 03-19595 Garden Banks Gas Pipeline, LLC, et al., 45233 03-19601 Gulfstream Natural Gas System, L.C.C., 45234 03-19603 Moraine Wind LLC, 45234 03-19596 PJM Interconnection, L.L.C., 45234 03-19598 Rayo Energy LLP, 45235 03-19594 Tennessee Gas Pipeline Co., 45235-45236 03-19593 Texas Eastern Transmission, LP, 45236 03-19602 Federal Housing Federal Housing Finance Board NOTICES Meetings;

Sunshine Act, 45240 03-19731 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 45241 03-19569 Formations, acquisitions, and mergers, 45241 03-19570 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Delta smelt; 5-year review, 45270-45271 03-19587 Endangered and threatened species permit applications, 45269-45270 03-19582 Food Food and Drug Administration NOTICES Human drugs: Patent extension; regulatory review period determinations— SPECTRACEF, 45245-45246 03-19621 Medical device user fee rates, 45246-45249 03-19655 Prescription drug user fee rates, 45249-45252 03-19654 Reports and guidance documents; availability, etc.: 180-day exclusivity when multiple abbreviated new drug applications are submitted on same day, 45252-45256 03-19590 Medical devices— Implantable middle ear hearing device, 45256-45257 03-19622 Mercury compounds in drugs and foods; list, 45257 03-19620 Forest Forest Service NOTICES Meetings:

Intergovernmental Advisory Committee, 45213-45214 03-19625 Reports and guidance documents; availability, etc.: Forest Legacy Program Implementation Guidelines, 45214-45215 03-19567 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: HIV/AIDS Presidential Advisory Council, 45241-45242 03-19566 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department RULES Public and Indian housing:

Public Housing Capital Fund Program funds; obligation and expenditure, 45729-45731 03-19613 PROPOSED RULES Public and Indian housing: Over-income families; public housing agencies discretion in treatment, 45733-45735 03-19623 NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 45317-45343 03-19361 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office PROPOSED RULES Watches, watch movements, and jewelry:

Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 45177-45180 03-19272 IRS Internal Revenue Service NOTICES Magnetic tape processing for Forms 940 and 941; discontinuance, 45314 03-19643 International International Trade Administration PROPOSED RULES Watches, watch movements, and jewelry: Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Mariana Islands, 45177-45180 03-19272 NOTICES Antidumping and countervailing duties:

Administrative review requests, 45218-45219 03-19648 Five-year (sunset) reviews— Initiation of reviews, 45219-45220 03-19649 International International Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 45276 03-19612 Import investigations: Crawfish tail meat from— China, 45276 03-19610 Screen printing machines, vision alignment devices, and component parts, 45276-45277 03-19605 Stainless steel wire rod from— Various countries, 45277-45279 03-19650 Tool holders, tool sets, and components, 45279-45280 03-19611 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments:

BNZ Materials, Inc., et al., 45280 03-19440 Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Caribou County, ID; North Rasmussen Ridge phosphate mine, 45271-45272 03-19204 Timbered Rock Fire Salvage and Elk Creek Watershed Restoration, OR, 45272-45273 03-19205 Meetings: Resource Advisory Councils— Northwest California, Northeast California, Central California, and California Desert District, 45273-45274 03-19583 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 45282 03-19667 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Miscellaneous amendments, 45168-45169 03-19640 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle defect proceedings; petitions, etc.: Welch, Jon; petition denied, 45308-45309 03-19546 Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 45309-45311 03-18606 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 45257-45258 03-19558 Meetings:

National Heart, Lung, and Blood Institute, 45258 03-19562 03-19564 National Institute on Aging, 45258-45259 03-19561 03-19563 Scientific Review Center, 03-19559 03-19560 45259-45261 03-19565 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Northern rockfish, 45170-45171 03-19633 Atlantic highly migratory species— Vessel monitoring systems, 45169-45170 03-19700 Space-based data collection systems; policies and procedures, 45160-45164 03-19478 PROPOSED RULES Fishery conservation and management:

Atlantic highly migratory species— Atlantic tunas, swordfish, and sharks, 45196-45210 03-19522 NOTICES Environmental statements; availability, etc.: Incidental take permits— Humboldt County, CA; Humboldt Bay Municipal Water District habitat conservation plan, 45220-45222 03-19634 Fishery conservation and management: Northeastern United States fisheries— Vessel monitoring systems; pilot program, 45222 03-19636 Permits: Endangered and threatened species, 45222-45223 03-19635 National Park National Park Service NOTICES Native American human remains and associated funerary objects:

Peabody Museum of Archaeology and Ethnology, Harvard University, MA — Inventory from Middlesex and Worcester Counties, MA, 45274-45275 03-18705 Nuclear Nuclear Regulatory Commission PROPOSED RULES Byproduct material; domestic licensing: Portable gauges; security requirements, 45172-45176 03-19588 NOTICES Regulatory guides; issuance, availability, and withdrawal, 45282-45283 03-19589 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Postal Postal Service PROPOSED RULES Domestic Mail Manual:

Bulk Bound Printed Matter; mailer requirements of entry; destination delivery unit rate, 45192 03-19553 Presidential Presidential Documents ADMINISTRATIVE ORDERS Iraq; continuation of national emergency (Notice of July 31, 2003), 45737-45739 03-19890 Railroad Railroad Retirement Board RULES Railroad Retirement Act: Retirement age Correction, 45315 C3-16532 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.: Agriculture Innovation Center Demonstration Program, 45215-45216 03-19618 RUS Rural Utilities Service RULES Environmental policies and procedures, 45157-45160 03-19619 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Exemption applications— JF International Management Inc. et al., 45283-45284 03-19617 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 45284-45298 03-19615 International Securities Exchange, Inc., 45298-45299 03-19616 National Association of Securities Dealers, Inc., 45299-45300 03-19557 SBA Small Business Administration NOTICES Disaster loan areas: Minnesota, 45300-45301 03-19639 Social Social Security Administration PROPOSED RULES Social security benefits and supplemental security income:

Vocational rehabilitation services, employment services, or other support services programs; benefit payments to participating individuals, 45180-45190 03-19541 NOTICES Agency information collection activities; proposals, submissions, and approvals, 45301-45302 03-19474 State State Department NOTICES Grants and cooperative agreements; availability, etc.: Middle East Partnership Initiative, 45302-45304 03-19632 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 45261-45262 03-19586 Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 45262-45264 03-19581 Organization, functions, and authority delegations:

Prevention, Traumatic Stress and Special Programs Division, 45264 03-19626 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 45275-45276 03-19592 Surface Surface Transportation Board NOTICES Railroad services abandonment: CSX Transportation Board, 45311 03-19334 Indiana Rail Road Co., 45311-45312 03-19495 Union Pacific Railroad Co., 45312-45313 03-19335 Trade Trade Representative, Office of United States NOTICES World Trade Organization:

Dispute settlement panel establishment requests— Antigua and Barbuda; cross-border provision of gambling and betting services, 45306-45307 03-19555 Brazil; U.S. subsidies to upland cotton, 45307-45308 03-19556 Canada; wheat exports and imported grain treatment, 45304-45306 03-19554 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Privacy Act:

Systems of records, 45265-45269 03-19574 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 45313 03-19604 Separate Parts In This Issue Part II Housing and Urban Development Department, 45317-45343 03-19361 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 45345-45672 03-19363 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 45673-45728 03-19540 Part V Housing and Urban Development Department, 45729-45731 03-19613 Part VI Housing and Urban Development Department, 45733-45735 03-19623 Part VII Executive Office of the President, Presidential Documents, 45737-45739 03-19890 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. 68 148 Friday, August 1, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1794 RIN 0572-AB73 Environmental Policies and Procedures AGENCY: Rural Utilities Service, USDA. ACTION: Final rule.

SUMMARY: The Rural Utilities Service

(RUS)hereby amends its existing environmental regulations, Environmental Policies and Procedures, which have served as RUS' implementation of the National Environmental Policy Act

(NEPA)in compliance with the Council on Environmental Quality

(CEQ)Regulations for Implementing the Procedural Provisions of the NEPA. Based on a greater use of small-scale and distributed generation and renewable resources, and the agency's experience and review of its existing procedures, RUS has determined that several changes are necessary for its environmental review process to operate in a more effective and efficient manner. EFFECTIVE DATE: August 1, 2003. FOR FURTHER INFORMATION CONTACT: Lawrence R. Wolfe, Senior Environmental Protection Specialist, Engineering and Environmental Staff; Rural Utilities Service, Stop 1571, 1400 Independence Ave., SW., Washington, DC 20250-1571. Telephone

(202)720-1784. E-mail address: *lwolfe@rus.usda.gov* . This rule and the guidance bulletin described in this rule are available on the Internet via the RUS home page at *http://www.usda.gov/rus/* . SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12372 This rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which requires consultation with State and local officials. See the final rule related notice titled “Department Programs and Activities Excluded from Executive Order 12372” (50 FR 47034) advising that RUS loans and loan guarantees were not covered by Executive Order 12372. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. RUS has determined that this rule meets the applicable standards provided in section 3 of the Executive Order. In addition, all State and local laws and regulations that are in conflict with this rule will be preempted. No retroactive effect will be given to this rule, and, in accordance with section 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)), administrative appeals procedures, if any are required, must be exhausted before an action against the Department or its agencies. Regulatory Flexibility Act Certification In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), the Administrator of RUS has determined that this rule, if adopted, would not have significant impact on a substantial number of small entities. The rule serves to clarify the existing regulation and to change the existing classification of selected minor actions to generally streamline the environmental review process for such actions. Most of the changes in the rule should result in modest cost savings and ease the regulatory compliance burden for affected applicants. Information Collection and Recordkeeping Requirements This rule contains no additional information collection or recordkeeping requirements under OMB control number 0572-0117 that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Unfunded Mandates This rule contains no Federal mandates (under the regulatory provision of title II of the Unfunded Mandates Reform Act) for State, local, and tribal governments of the private sector. Thus, this proposed rule is not subject to the requirements of section 202 and 205 of the Unfunded Mandates Reform Act. National Environmental Policy Act Certification RUS has determined that this rule will not significantly affect the quality of the human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) Therefore, this action does not require an environmental impact statement or assessment. Program Affected The program described by this rule is listed in the Catalog of Federal Domestic Assistance programs under number 10.850, Rural Electrification Loans and Loan Guarantees. This catalog is available on a subscription basis from the Superintendent of Documents, the U.S. Government Printing Office, Washington, DC 20402-9325, telephone number

(202)512-1800. Background On December 11, 1998, the Rural Utilities Service

(RUS)published 7 CFR part 1794, Environmental Policies and Procedures, as a final rule in the **Federal Register** (63 FR 68648) covering the actions of the electric, telecommunications, and water and waste programs. Based on a greater emphasis within the electric industry on the use of small-scale and distributed generation and renewable resources, and the agency's experience and review of its existing procedures, RUS determined that several changes were necessary for its environmental review process to operate in a more effective and efficient manner. This rule contains a variety of changes from the provisions of the current rule. Most of these revisions are minor or merely intended to clarify existing RUS policy and procedure and to ensure that procedures are consistent among the three RUS programs. Other revisions expand upon the existing types of actions that are subject to environmental review or reclassify actions within categories. The more significant changes are discussed below. Within subpart A, the term “distributed generation” has been added to the list of definitions and the term “Environmental Analysis (EVAL)” has been deleted from the list of definitions in § 1794.6. A bulletin was issued in early 2002 that provides guidance in preparing for and carrying out scoping for electric generation and transmission projects that require either an environmental assessment with scoping or an environmental impact statement. Further information on the RUS guidance bulletins is provided in § 1794.7. Within subpart B, language clarifying RUS policy regarding the completion of RUS environmental review process for certain categories of actions has been added to § 1794.15(a). Within subpart C, a number of additional listings to the existing classification and changes to selected listings within the existing classification have been made. These reclassifications involve minor actions proposed by applicants, which rarely, if ever, result in significant environmental impact or public interest. These changes will streamline environmental review of minor actions, and will allow the agency to focus its resources on larger projects. RUS believes that the changes and existing procedures will provide adequate safeguards to identify any unusual circumstances that may require additional agency scrutiny. Within § 1794.21(b), RUS added separate categories for generating facilities of less than 100 kilowatts and the co-firing of bio-fuels and refuse derived fuels at existing fossil-fueled generating stations. Within § 1794.22(a), RUS modified the capacity thresholds for distributed generation facilities at existing sites. A new category involving adding combined cycle facilities at existing combustion turbine sites was added to § 1794.22(a). In addition to including fuel cell and combined cycle generation in the same listings as combustion turbines, RUS added two new categories of proposals within § 1794.23. One new category covers the construction of a natural gas pipeline to serve an existing gas-fueled generating facility. The other new category involves a higher capacity threshold for adding combined cycle facilities at existing combustion turbine sites. Other capacity threshold changes within § 1794.23 reflect changes that were made in § 1794.22(a). Within §§ 1794.24 and 1794.25 the only change adds fuel cell and combined cycle generation in the same listing as combustion turbines. RUS has modified its procedures in subpart E of this part. In §§ 1794.43 and 1794.44, RUS eliminated the requirement to publish in the **Federal Register** , a notice of Environmental Assessment

(EA)and Finding of No Significant Impact (FONSI) availability for electric and telecommunications proposed actions described in § 1794.23. RUS has determined that no appreciable benefit has resulted from publishing a separate **Federal Register** notice for proposals in that category. By this change, the notice requirements for all three RUS programs would be consistent for all EA proposals described in § 1794.23. Electric proposals described in § 1794.24 would still be subject to this requirement. In subpart G of this part, RUS has modified its policy regarding the use of a contractor prepared Environmental Impact Statement (EIS). Under the existing regulation, the EIS would either be developed by RUS from an applicant prepared Environmental Analysis

(EVAL)or prepared with the assistance of a consultant selected by RUS. Based on its experience in recent years, RUS expects to utilize the services of a consultant selected by and working for RUS for all actions requiring the preparation of an EIS. RUS does not contemplate preparing a draft or final EIS relying on an applicant prepared EVAL, as currently stated in § 1794.61(b). Therefore, RUS has deleted § 1794.61(b). Also, the applicant submitted document for all proposals will be titled an Environmental Report (ER). Previously, the applicant supplied document for a § 1794.24 proposal was an EVAL. These changes affect §§ 1794.50, 1794.52 through 1794.54, and 1794.61. Preparation of the Rulemaking The proposed rule amending 7 CFR part 1794 was published in the **Federal Register** on January 15, 2003 (68 FR 1988). Public comment was invited for a 30-day period ending on February 14, 2003. The only public comments received were from a rural electric cooperative. Those comments supported the changes being proposed. Comments received from the President's Council on Environmental Quality

(CEQ)have resulted in changes to two listings. Item § 1794.22(a)

(13)“Construction of a natural gas pipeline (ten miles or less in length) to serve an existing gas-fueled generating station,” has been deleted. Listing § 1794.23(c)

(13)has been modified by deleting the (more than 10 miles in length) threshold. As recommended by CEQ, § 1794.54 was expanded to better clarify the RUS policy of publishing notices in the **Federal Register** for proposals listed in § 1794.24. List of Subjects in 7 CFR Part 1794 Environmental impact statements, Reporting and recordkeeping requirements. Therefore RUS amends chapter XVII of title 7 of the Code of Federal Regulations as follows: PART 1794—ENVIRONMENTAL POLICIES AND PROCEDURES 1. The authority citation for part 1794 continues to read as follows: Authority: 7 U.S.C. 6941 *et seq.* , 42 U.S.C. 4321 *et seq.* ; 40 CFR Parts 1500-1508. 2. Section 1794.6 is amended by: A. Removing the definition for “Environmental Analysis (EVAL)”; B. Adding the definition for “Distributed Generation”, and C. Amending the definition for “Environmental Report

(ER)by revising the first sentence. These amendments read as follows: § 1794.6 Definitions. *Distributed Generation.* The generation of electricity by a sufficiently small electric generating system as to allow interconnection of the system near the point of service at distribution voltages or customer voltages. A distributed generating system may be fueled by any source, including but not limited to renewable energy sources. *Environmental Report (ER).* The environmental documentation normally submitted by applicants for proposed actions subject to compliance with §§ 1794.22 through 1794.24. * * * 3. Section 1794.7(a) is revised to read as follows: § 1794.7 Guidance.

(a)*Electric and Telecommunications Programs.* For further guidance in the preparation of public notices and environmental documents, RUS has prepared a series of program specific guidance bulletins. RUS Bulletin 1794A-600 provides guidance in preparing the ER for proposed actions classified as categorical exclusions

(CEs)(§ 1794.22(a)); RUS Bulletin 1794A-601 provides guidance in preparing the ER for proposed actions which require EAs (§ 1794.23(b) and (c)); and RUS Bulletin 1794A-603 provides guidance in conducting scoping for proposed actions classified as requiring an EA with scoping or an EIS. Copies of these bulletins are available upon request by contacting the Rural Utilities Service, Publications Office, Program Development and Regulatory Analysis, Stop 1522, 1400 Independence Avenue, SW., Washington, DC 20250-1522. 4. Section 1794.15 is amended by: A. Adding a new sentence to the end of paragraph (a), and B. Adding new paragraphs (a)(1), (a)(2), and (a)(3). These amendments read as follows: § 1794.15 Limitations on actions during the NEPA process.

(a)* * * The RUS environmental review process is concluded when:

(1)A categorical exclusion determination has been made for proposals listed under §§ 1794.21 and 1794.22.

(2)Applicant notices announcing the RUS FONSI determination have been published for proposals listed under §§ 1794.23 and 1794.24.

(3)Applicant notices announcing the RUS Record of Decision have been published for proposals listed under § 1794.25. 5. Section 1794.21 is amended by adding new paragraphs (b)(25) and

(26)to read as follows: § 1794.21 Categorically excluded proposals without an ER.

(b)* * *

(25)Electric generating facilities of less than 100 kilowatts at any one site for the purpose of providing service to customers or facilities such as stock tanks and irrigation pumps.

(26)New bulk commodity storage and associated handling facilities within existing fossil-fueled generating station boundaries for the purpose of co-firing bio-fuels and refuse derived fuels. A description of the facilities to be constructed shall be provided to RUS. 6. Section 1794.22 is amended by revising paragraphs (a)(8) and

(9)and by adding new paragraph (a)(12) to read as follows: § 1794.22 Categorically excluded proposals requiring an ER.

(a)* * *

(8)Construction of distributed generation totaling 10 MW or less at an existing utility, industrial, commercial or educational facility site. There is no capacity limit for a generating facility located at or adjacent to an existing landfill site that is powered by refuse derived fuel. All new associated facilities and related electric power lines shall be covered in the ER;

(9)Installation of new generating units or the replacement of existing generating units at a hydroelectric facility or dam which result in no change in the normal maximum surface area or normal maximum surface elevation of the existing impoundment. All new associated facilities and related electric power lines shall be covered in the ER;

(12)Installing a heat recovery steam generator and steam turbine with a rating of 200 MW or less on an existing combustion turbine generation site for the purpose of combined cycle operation. All new associated facilities and related electric power lines shall be covered in the ER. 7. Section 1794.23 is amended by: A. Revising paragraph (c)(1), (c)(2), and (c)(3), and B. Adding new paragraphs (c)(12) and (c)(13). The revision and additions read as follows: § 1794.23 Proposals normally requiring an EA.

(c)* * *

(1)Construction of fuel cell, combustion turbine, combined cycle, or diesel generating facilities of 50 MW (nameplate rating) or less at a new site (no existing generating capacity) except for items covered by § 1794.22(a)(8). All new associated facilities and related electric power lines shall be covered in the EA;

(2)Construction of fuel cell, combustion turbine, combined cycle, or diesel generating facilities of 100 MW (nameplate rating) or less at an existing generating site, except for items covered by § 1794.22(a)(8). All new associated facilities and related electric power lines shall be covered in the EA;

(3)Construction of any other type of new electric generating facility of 20 MW (nameplate rating) or less, except for items covered by § 1794.22(a)(8). All new associated facilities and related electric power lines shall be covered in the EA;

(12)Installing a heat recovery steam generator and steam turbine with a rating of more than 200 MW on an existing combustion turbine generation site for the purpose of combined cycle operation. All new associated facilities and related electric power lines shall be covered in the EA.

(13)Construction of a natural gas pipeline to serve an existing gas-fueled generating facility. 8. Section 1794.24(b)(2) is revised to read as follows: § 1794.24 Proposals normally requiring an EA with scoping.

(b)* * *

(2)Construction of fuel cell, combustion turbine, combined cycle, and diesel generating facilities of more than 50 MW at a new site or more than 100 MW at an existing site; and the construction of any other type of electric generating facility of more than 20 MW but not more than 50 MW (nameplate rating). All new associated facilities and related electric power lines shall be covered in any EA or EIS that is prepared. 9. Section 1794.25(a)(1) is revised to read as follows: § 1794.25 Proposals normally requiring an EIS.

(a)* * *

(1)New electric generating facilities of more than 50 MW (nameplate rating) other than fuel cell, combustion turbine, combined cycle, or diesel generators. All new associated facilities and related electric power lines shall be covered in the EIS; and § 1794.43 [Amended] 10. Amend § 1794.43 by: A. Removing paragraph (b), and B. Amending paragraph

(a)by removing the paragraph designation and the heading “General”. 11. Section 1794.44 is revised to read as follows: § 1794.44 Timing of agency action. RUS may take its final action on proposed actions requiring an EA (§ 1794.23) at any time after publication of applicant notices that a FONSI has been made and any required review period has expired. When substantive comments are received on the EA, RUS may provide an additional period (15 days) for public review following the publication of its FONSI determination. Final action shall not be taken until this review period has expired. 12. Section 1794.50 is revised to read as follows: § 1794.50 Normal sequence. For proposed actions covered by § 1794.24 and other actions determined by the Administrator to require an EA with scoping, RUS and the applicant will follow the same procedures for scoping and the requirements for notices and documents as for proposed actions normally requiring an EIS through the point where project scoping has been completed. Following project scoping, RUS will make a judgment to have an EA prepared or contract for the preparation of an EIS. 13. Section 1794.51(a) is revised to read as follows: § 1794.51 Preparation for scoping.

(a)As soon as practicable after RUS and the applicant have developed a schedule for the environmental review process, RUS shall have its notice of intent to prepare an EA or EIS and schedule scoping meetings (§ 1794.13) published in the **Federal Register** (see 40 CFR 1508.22). The applicant shall have published, in a timely manner, a notice similar to RUS’ notice. 14. Section 1794.52(d) is amended by removing the last sentence and adding two new sentences at the end of the paragraph to read as follows: § 1794.52 Scoping meetings.

(d)* * * The applicant or its consultant shall prepare a record of the scoping meeting. The record shall consist of a transcript when a traditional meeting format is used or a summary report when an open house format is used. 15. Section 1794.53 is revised to read as follows: § 1794.53 Environmental report.

(a)After scoping procedures have been completed, RUS shall require the applicant to develop and submit an ER. The ER shall be prepared under the supervision and guidance of RUS staff and RUS shall evaluate and be responsible for the accuracy of all information contained therein.

(b)The applicant's ER will normally serve as the RUS EA. After RUS has reviewed and found the ER to be satisfactory, the applicant shall provide RUS with a sufficient number of copies of the ER to satisfy the RUS distribution plan.

(c)The ER shall include a summary of the construction and operation monitoring and mitigation measures for the proposed action. These measures may be revised as appropriate in response to comments and other information, and shall be incorporated by summary or reference into the FONSI. 16. Section 1794.54 is revised to read as follows: § 1794.54 Agency determination. Following the scoping process and the development of a satisfactory ER by the applicant or its consultant that will serve as the agency's EA, RUS shall determine whether the proposed action is a major Federal action significantly affecting the quality of the human environment. If RUS determines the action is significant, RUS will continue with the procedures in subpart G of this part. If RUS determines the action is not significant, RUS will proceed in accordance with §§ 1794.42 through 1794.44. For proposals subject to the procedures of subpart F, RUS shall publish notices in the **Federal Register** that announce the availability of the EA and solicit public comments on the EA (refer to § 1794.42) and the RUS finding and the availability of the EA and FONSI (refer to § 1794.43). § 1794.61 [Amended] 17. Section 1794.61 is amended by: A. Removing paragraph (b). B. Removing the heading *General* from paragraph (a); redesignating paragraph

(a)as the introductory text; paragraph (a)(1) as (a); paragraph (a)(2) as (b); and paragraph (a)(3) as (c). Dated: July 11, 2003. Hilda Gay Legg, Administrator, Rural Utilities Service. [FR Doc. 03-19619 Filed 7-31-03; 8:45 am]

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