Unknown. Final rule

2,511 words·~11 min read·/register/2003/09/04/03-22483·

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-09-04.xml --- 68 171 Thursday, September 4, 2003 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Services Research Initial Review Group Committee, 52589 03-22476 AID Agency for International Development NOTICES Agency information collection activities; proposals, submissions, and approvals, 52557 03-22461 Agriculture Agriculture Department See Farm Service Agency See Forest Service See Rural Business-Cooperative Service NOTICES Meetings:

Dietary Guidelines Advisory Committee, 52588-52589 03-22480 Army Army Department NOTICES Environmental statements; notice of intent: Camp Shelby, MS; military activities in De Soto National Forest and master plan, 52575 03-22475 Limestone Hills Training Area, MT; lands supporting training exercises, 52575-52576 03-22474 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bonneville Bonneville Power Administration NOTICES Reports and guidance documents; availability, etc.:

Bonneville Purchasing and Bonneville Financial Assistance Instructions, 52581-52582 03-22521 Broadcasting Broadcasting Board of Governors NOTICES Meetings; Sunshine Act, 52572 03-22627 Coast Guard Coast Guard RULES Ports and waterways safety: Puget Sound, WA— Barge BEAUFORT 20; explosive on-load and transit; security and safety zones, 52508-52510 03-22464 NOTICES Deepwater ports; license applications: El Paso Energy Bridge Gulf of Mexico, LLC, 52592-52593 03-22528 Reports and guidance documents; availability, etc.:

International sewage pollution prevention equivalency documentation; policy, 52593-52594 03-22560 Commerce Commerce Department See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 52572-52573 03-22522 03-22523 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 52573-52574 03-22520 Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 52594 03-22481 Defense Defense Department See Army Department NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 03-22482 52574-52575 03-22549 Disability Disability Employment Policy Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 52616-52617 03-22502 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 52576-52577 03-22524 03-22525 Grants and cooperative agreements; availability, etc.: Distance Education Demonstration Program, 52578-52581 03-22547 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 52617-52618 03-22501 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollution control:

State operating permit programs— Tennessee, 52517 03-22545 Air quality implementation plans; approval and promulgation; various States: California, 52510-52517 03-22444 03-22445 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 52555-52556 03-22446 NOTICES Superfund; response and remedial actions, proposed settlements, etc.: Ohio Drum Site; OH, 52585 03-22541 Equal Equal Employment Opportunity Commission RULES Conflicts of interest; supplemental standards, 52485-52486 03-22483 Executive Executive Office of the President See Trade Representative, Office of United States Export Export-Import Bank NOTICES Meetings:

Advisory Committee, 52585 03-22518 Sub-Saharan Africa Advisory Committee, 52585-52586 03-22517 Farm Farm Service Agency NOTICES Grants and cooperative agreements; availability, etc.: Beginning Farmer and Rancher Land Contract Guarantee Pilot Program, 52557-52562 03-22519 FAA Federal Aviation Administration RULES Airworthiness directives: Schempp-Hirth Flugzeugbau GmbH; correction, 52487 03-22494 Airworthiness standards: Class E airspace; correction, 52487 03-22466 PROPOSED RULES Airworthiness directives:

Boeing, 52539-52542 03-22496 NOTICES Agency information collection activities; proposals, submissions, and approvals, 52624 03-22467 Exemption petitions; summary and disposition, 52624-52625 03-22465 Passenger facility charges; applications, etc.: Brunswick Golden Isles Airport, GA, 52625 03-22468 FCC Federal Communications Commission RULES Organization, functions, and authority delegations: Local and State Government Advisory Committee; agency name change to Intergovernmental Advisory Committee and other modifications, 52517-52519 03-22421 Federal Election Federal Election Commission PROPOSED RULES Allocations of candidate and committee activities:

Party committee telephone banks; allocation expenses, 52529-52531 03-22533 Federal Election Campaign Act: Political committee mailing lists; sale, rental, and exchange, 52531-52539 03-22530 NOTICES Meetings; Sunshine Act, 52586 03-22676 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: IDACORP Energy L.P. et al., 52582-52584 03-22462 ISO New England Inc. et al., 52584-52585 03-22463 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 52586-52587 03-22556 Ocean transportation intermediary licenses:

A.S.L. Logistics Corp. et al., 52587 03-22557 Basic Shipping U.S.A., Inc., et al., 52587 03-22559 United Container Line, Inc., et al., 52587-52588 03-22558 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Chehalis-Centralia Railroad Association, 52625-52626 03-22469 Sumpter Valley Railroad Restoration, Inc., 52626 03-22471 Safety advisories, bulletins, and directives: Internal excess flow valves; loading and unloading tank cars, 52626-52627 03-22473 Traffic control systems; discontinuance or modification:

Reading Blue Mountain & Northern Railroad, 52628-52629 03-22472 Traffic control systems; discontinuance or modification: Kansas City Southern Railway, 52628 03-22470 Federal Reserve Federal Reserve System RULES Credit by brokers and dealers (Regulation T): Foreign margin stocks; list, 52486-52487 03-22532 Fish Fish and Wildlife Service NOTICES Endangered and threatened species and marine mammal permit applications, 52608-52609 03-22499 03-22500 Environmental statements; availability, etc.:

Incidental take permits— District of Columbia; Delmarva fox squirrel, 52609-52610 03-22608 Privacy Act: Systems of records, 52610-52612 03-22535 Food Food and Drug Administration NOTICES Medical devices: Mammography Quality Standards Act; inspection fees, 52589-52592 03-22477 Forest Forest Service NOTICES Environmental statements; notice of intent: Siskiyou National Forest, OR, 52562-52565 03-22491 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 03-22482 52574-52575 03-22549 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Food and Drug Administration See Health Resources and Services Administration NOTICES Meetings: Dietary Guidelines Advisory Committee, 52588-52589 03-22480 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Competitive and other 2004 FY grant programs preview; comprehensive review and application information, 52631-52678 03-22427 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau NOTICES Meetings:

Delaware and Lehigh National Heritage Corridor Commission, 52594-52595 03-22492 National Environmental Policy Act; implementation: Compliance policies and procedures, 52595-52608 03-22489 IRS Internal Revenue Service RULES Income taxes: Consolidated return regulations— Section 108 application to consolidated group members; indebtedness income discharge, 52487-52496 03-22453 Nonaccrual-experience method of accounting; use limitation, 52496-52508 03-22458 PROPOSED RULES Income taxes:

Compensatory stock options transfers; cross-reference Correction, 52544-52545 03-22552 Consolidated return regulations— Section 108 application to consolidated group members; indebtedness income discharge; cross-reference, 52542-52543 03-22454 Low-income housing tax credit; section 42 carryover and stacking rule amendments Correction and hearing, 52545 03-22551 Nonaccrual-experience method of accounting; use limitation; cross reference; public hearing, 52543-52544 03-22459 Private activity bonds; definition Hearing canceled, 52546 03-22554 Stock basis after group structure change Correction, 52545 03-22553 NOTICES Privacy Act:

Computer matching programs, 52629-52630 03-22515 International International Trade Commission NOTICES Import investigations: Cut-to-length carbon steel plate from— Various countries, 52614 03-22538 Prestressed concrete steel wire strand from— Various countries, 52614-52615 03-22504 Justice Justice Department See National Institute of Corrections NOTICES Pollution control; consent judgments: Groendyke Transport, Inc., 52615-52616 03-22536 Haskell Chemical Co., Inc., et al., 52616 03-22537 Labor Labor Department See Disability Employment Policy Office See Employee Benefits Security Administration Land Land Management Bureau NOTICES Public land orders:

Alaska, 52613 03-22505 Maritime Maritime Administration NOTICES Deepwater ports; license applications: El Paso Energy Bridge Gulf of Mexico, LLC, 52592-52593 03-22528 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 03-22482 52574-52575 03-22549 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts National Council, 52618 03-22486 Fellowships Advisory Panel, 52618-52619 03-22484 Leadership Initiatives Advisory Panel, 52619 03-22485 National Institute National Institute of Corrections NOTICES Meetings:

Advisory Board, 52616 03-22490 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 52519-52523 03-22455 Pacific sardine, 52523-52527 03-22548 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 52619-52620 03-22555 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 52620 03-22511 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office PROPOSED RULES Federal computer systems; security awareness and training for employees responsible for management or use, 52528-52529 03-22487 Postal Postal Rate Commission PROPOSED RULES Practice and procedure: Baseline and functionality equivalent negotiated service agreements; docket establishment, 52546-52555 03-22478 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 52620 03-22479 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Gila Project, Welton-Mohawk Irrigation and Drainage District, AZ; facilities, works, and lands title transfer, 52613-52614 03-22510 Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.: Value-Added Agricultural Product Market Development Program (Independent Producers), 52565-52572 03-22506 SEC Securities and Exchange Commission NOTICES *Applications, hearings, determinations, etc.:* Vestaur Securities, Inc., 52621 03-22514 SBA Small Business Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-22497 52621 03-22498 Disaster loan areas:

Florida, 52622 03-22529 Trade Trade Representative, Office of United States NOTICES Trade Policy Staff Committee: U.S.-Bahrain Free Trade Agreement— Employment review and comment request, 52622-52623 03-22527 U.S.-Dominican Republic Free Trade Agreement— Employment review and comment request, 52623-52624 03-22526 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration Treasury Treasury Department See Internal Revenue Service NOTICES Senior Executive Service:

Legal Division Performance Review Board; membership, 52629 03-22516 Separate Parts In This Issue Part II Health and Human Services Department, Health Resources and Services Administration, 52631-52678 03-22427 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. 68 171 Thursday, September 4, 2003 Rules and Regulations EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 5 CFR Part 7201 RIN 3209-AA15 Supplemental Standards of Ethical Conduct for Employees of the Equal Employment Opportunity Commission AGENCY:

Equal Employment Opportunity Commission (EEOC or Commission). ACTION: Final rule. SUMMARY: The Equal Employment Opportunity Commission, with the concurrence of the Office of Government Ethics (OGE), amends the Supplemental Standards of Conduct for Employees of the Equal Employment Opportunity Commission by adding a sentence permitting EEOC employees to represent other EEOC employees in administrative equal employment opportunity

(EEO)proceedings unless there is a conflict of interest. EFFECTIVE DATE: This rule is effective on September 4, 2003. FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal Counsel, at

(202)663-4668, or Kathleen Oram, Senior Attorney, at

(202)663-4681, or TTY

(202)663-7026. This final rule issuance is also available in the following formats: large print, braille, audio tape and electronic file on computer disk. Requests for this rule in an alternative format should be made to EEOC's publications center at 1-800-669-3362. SUPPLEMENTARY INFORMATION: On February 26, 1996, with the concurrence and co-signature of OGE, EEOC published its interim rule establishing supplemental standards of ethical conduct for employees of EEOC (61 FR 7065-7067). The Commission, with OGE concurrence and co-signature, published a final rule adopting the interim rule on July 8, 1997 (62 FR 36447). EEOC, again with OGE's concurrence and co-signature, is amending the restriction contained in 5 CFR 7201.102(c) of its supplemental standards, prohibiting certain kinds of outside employment, to permit EEOC employees to represent without compensation other EEOC employees in EEO administrative complaint proceedings. Both exceptions to the general prohibition in paragraph (c), including the existing one for behind-the-scenes assistance to family members, will still require prior approval under § 7201.103 of the supplemental regulation to ensure there are no conflicts. The change will make EEOC's supplemental regulation more consistent with the exception contained in 18 U.S.C. § 205(d)(1)(A), which permits Federal employees, if not inconsistent with the faithful performance of their duties, to represent without compensation other employees who are the subject of disciplinary, loyalty, or other personnel administration proceedings. EEOC notes that this amendment as to representation of other EEOC employees is also consistent with 29 CFR 1614.605, which generally allows an EEO complainant to choose a representative, subject to the possibility of disqualification of the representative if representation would conflict with the representative's official or collateral duties. The prohibition will remain, however, on EEOC employees representing employees of other Federal agencies in EEO proceedings, because the Commission is concerned about a possible perception that EEO office personnel or EEOC administrative judges would give EEOC employees deference in the proceedings. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b) and (d), the EEOC has determined that good cause exists for waiving the general notice of proposed rulemaking, opportunity for public comment and 30-day delayed effective date as to these revisions. Notice, comment and delayed effectiveness are being waived because these amendments concern matters of agency organization, practice and procedure. Moreover, it is in the public interest that the revisions take effect promptly. Regulatory Flexibility Act The EEOC has determined under the Regulatory Flexibility Act, 5 U.S.C. Chapter 6, that this rule will not have a significant economic impact on a substantial number of small entities because it only affects Commission employees. Paperwork Reduction Act The Paperwork Reduction Act, 44 U.S.C. chapter 35, does not apply to these final rule amendments because they do not contain any information collection requirements subject to approval by the Office of Management and Budget. Congressional Review Act The EEOC has determined that this rulemaking is not a rule as defined in 5 U.S.C. 804, and, thus, does not require review by Congress. This rulemaking is related to EEOC personnel. Executive Order Nos. 12866 and 12988 Since this rule relates to EEOC personnel, it is exempt from the provisions of Executive Orders Nos. 12866 and 12988. List of Subjects in 5 CFR Part 7201 Conflict of interests, Ethics, Executive branch standards of conduct, Government employees. Dated: August 12, 2003. For the Commission, Cari L. Dominguez, Chair. Approved: August 22, 2003. Amy L. Comstock, Director, Office of Government Ethics. For the reasons set forth in the preamble, the Equal Employment Opportunity Commission, with the concurrence of the Office of Government Ethics, is amending part 7201 of title 5 of the Code of Federal Regulations as follows: PART 7201—SUPPLEMENTAL STANDARDS OF CONDUCT FOR EMPLOYEES OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 1. The authority citation for part 7201 continues to read as follows: Authority: 5 U.S.C. 7301; 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; 5 CFR 2635.105, 2635.403(a), 2635.802 and 2635.803. 2. Section 7201.102 is amended by revising paragraph

(c)to read as follows: § 7201.102 Prohibited outside employment.

(c)No employee of the Equal Employment Opportunity Commission, other than a special Government employee, may engage in outside employment involving a particular matter pending at EEOC or an equal employment opportunity matter in which EEOC or the Federal government is a party. An employee may, however, with prior approval, provide uncompensated behind-the-scenes assistance to immediate family members in matters pending at EEOC or equal employment opportunity matters in which EEOC or the Federal government is a party. An employee may also, with prior approval, represent without compensation another EEOC employee in an administrative equal employment opportunity complaint against EEOC. [FR Doc. 03-22483 Filed 9-3-03; 8:45 am]

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