14165
Federal
Register
/
Vol.
68,
No.
56
/
Monday,
March
24,
2003
/
Rules
and
Regulations
Intake
Structures
for
New
Facilities;
Direct
Final
Rule.''
We
published
the
direct
final
rule
on
December
26,
2002
(
67
FR
78948),
to
make
three
minor
technical
corrections
to
the
final
regulations
implementing
section
316(
b)
of
the
Clean
Water
Act
for
new
facilities.
We
stated
in
the
direct
final
rule
that
if
we
received
adverse
comment
by
January
27,
2003,
we
would
publish
a
timely
notice
of
withdrawal
in
the
Federal
Register.
We
subsequently
received
adverse
comment
on
the
direct
final
rule.
We
will
address
those
comments
in
a
subsequent
final
action
based
on
the
parallel
proposal
also
published
on
December
26,
2002
(
67
FR
78956).
As
stated
in
the
parallel
proposal,
we
will
not
institute
a
second
comment
period
on
this
action.
DATES:
As
of
March
24,
2003,
EPA
withdraws
the
direct
final
rule
published
at
67
FR
78948,
on
December
26,
2002.
FOR
FURTHER
INFORMATION
CONTACT:
Martha
Segall,
Engineering
and
Analysis
Division
(
4303T),
USEPA
Office
of
Science
and
Technology,
Ariel
Rios
Bldg.,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC,
20460
(
phone:
202
 
566
 
1041;
email:
segall.
martha@
epa.
gov).

SUPPLEMENTARY
INFORMATION:
EPA
published
a
direct
final
rule
on
December
26,
2002,
to
make
minor
changes
to
a
final
rule
published
December
18,
2001,
implementing
section
316(
b)
of
the
Clean
Water
Act
(
CWA).
The
December
2001
final
rule
established
national
technology­
based
performance
requirements
applicable
to
the
location,
design,
construction,
and
capacity
of
cooling
water
intake
structures
at
new
facilities
using
water
withdrawn
from
rivers,
streams,
lakes,
reservoirs,
estuaries,
oceans
or
other
waters
of
the
United
States
for
cooling.
The
national
requirements
established
the
best
technology
available
for
minimizing
adverse
environmental
impact
associated
with
the
use
of
these
structures.
The
direct
final
rule
clarified
three
technical
issues
on
velocity
monitoring,
authority
to
require
additional
design
and
construction
technologies,
and
procedures
governing
requests
for
less
stringent
alternative
requirements.
EPA
published
a
companion
proposed
rule
on
the
same
day
as
the
direct
final
rule.
The
proposed
rule
invited
comment
on
the
substance
of
the
direct
final
rule.
The
proposed
rule
stated
that
if
EPA
received
adverse
comment
by
January
27,
2003,
the
direct
final
rule
would
not
take
effect
and
EPA
would
publish
a
notice
in
the
Federal
Register
withdrawing
the
direct
final
rule
before
the
March
26,
2003,
effective
date.
The
EPA
subsequently
received
adverse
comment
on
the
direct
final
rule.
EPA
plans
to
address
those
comments
in
a
subsequent
action.
Today's
action
withdraws
the
direct
final
rule;
the
amendments
to
the
final
regulations
addressing
cooling
water
intake
structures
for
new
facilities
will
not
take
effect
on
March
26,
2003.

List
of
Subjects
in
40
CFR
Part
125
Environmental
protection,
Cooling
water
intake
structures,
Reporting
and
recordkeeping
requirements,
Waste
treatment
and
disposal,
Water
pollution
control.

Dated:
March
19,
2003.
Christine
Todd
Whitman,
Administrator.
[
FR
Doc.
03
 
7047
Filed
3
 
21
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
180
[
OPP
 
2002
 
0278;
FRL
 
7299
 
4]

Pesticides;
Tolerance
Exemptions
for
Active
and
Inert
Ingredients
for
Use
in
Antimicrobial
Formulations
(
Food­
Contact
Surface
Sanitizing
Solutions);
Withdrawal
of
Direct
Final
Rule
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Direct
final
rule;
withdrawal.

SUMMARY:
EPA
received
adverse
comment
on
the
direct
final
rule
``
Pesticides;
Tolerance
Exemptions
for
Active
and
Inert
Ingredients
for
Use
in
Antimicrobial
Formulations
(
Food­
Contact
Surface
Sanitizing
Solutions),''
published
in
the
Federal
Register
of
December
3,
2002,
because
of
the
adverse
comment
EPA
is
withdrawing
the
direct
final
rule.
The
direct
final
rule
was
intended
to
add
a
new
section
to
part
180
listing
the
pesticide
chemicals
that
are
exempt
from
the
requirement
of
a
tolerance
when
used
in
food­
contact
surface
sanitizing
solutions.
DATES:
The
withdrawal
is
effective
March
24,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
Kathryn
Boyle,
Registration
Division
(
7505C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
305
 
6304;
fax
number:
(
703)
305
 
0599;
e­
mail
address:
boyle.
kathryn@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
I.
Does
this
Action
Apply
to
Me?
You
may
be
potentially
affected
by
this
action
if
you
are
a
food
manufacturer,
or
antimicrobial
pesticide
manufacturer.
Potentially
affected
categories
and
entities
may
include,
but
are
not
limited
to:
 
Industry
(
NAICS
311),
e.
g.,
Food
manufacturing.
 
Producers
(
NAICS
32561),
e.
g.,
Antimicrobial
pesticides.
This
listing
is
not
intended
to
be
exhaustive,
but
rather
provides
a
guide
for
readers
regarding
entities
likely
to
be
affected
by
this
action.
Other
types
of
entities
not
listed
in
this
unit
could
also
be
affected.
The
North
American
Industrial
Classification
System
(
NAICS)
codes
have
been
provided
to
assist
you
and
others
in
determining
whether
this
action
might
apply
to
certain
entities.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
person
listed
under
FOR
FURTHER
INFORMATION
CONTACT.

II.
How
Can
I
Get
Copies
of
this
Document
and
Other
Related
Information?

A.
Docket
EPA
has
established
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2003
 
0278.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
telephone
number
is
(
703)
305
 
5805.

B.
Electronic
Access
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
the
``
Federal
Register''
listings
at
http://
www.
epa.
gov/
fedrgstr/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
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14166
Federal
Register
/
Vol.
68,
No.
56
/
Monday,
March
24,
2003
/
Rules
and
Regulations
of
the
official
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
II.
A.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

III.
What
Action
is
the
Agency
Taking?

EPA
has
received
adverse
comment
on
the
direct
final
rule
published
in
the
Federal
Register
of
December
3,
2002
(
67
FR
71847)
(
FRL
 
6824
 
2).
EPA
stated
in
that
direct
final
rule
that
if
EPA
received
adverse
comment
by
February
3,
2003,
the
direct
final
rule
would
be
withdrawn
and
not
take
effect.
The
direct
final
rule
being
withdrawn
contains
a
list
of
exempt
chemicals
duplicated
from
the
Food
and
Drug
Administration's
(
FDA)
regulations
in
21
CFR
178.1010.
The
Agency
will
continue
to
pursue
this
rulemaking
effort
by
publishing
a
notice
of
proposed
rulemaking
in
a
future
edition
of
the
Federal
Register.
The
comments
on
the
direct
final
rule
will
be
addressed
in
that
future
notice
of
proposed
rulemaking.

IV.
Congressional
Review
Act
The
Congressional
Review
Act,
5
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
that
before
a
rule
may
take
effect,
the
agency
promulgating
the
rule
must
submit
a
rule
report,
which
includes
a
copy
of
the
rule,
to
each
House
of
the
Congress
and
to
the
Comptroller
General
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
this
final
rule
in
the
Federal
Register.
This
final
rule
is
not
a
``
major
rule''
as
defined
by
5
U.
S.
C.
804(
2).

List
of
Subjects
in
40
CFR
Part
180
Environmental
protection,
Administrative
practices
and
procedures,
Pesticides
and
pests,
Reporting
and
recordkeeping
requirements.

Dated:
March
17,
2003.

Debra
Edwards,

Acting
Director,
Registration
Division.

[
FR
Doc.
03
 
6946
Filed
3
 
21
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
FEDERAL
COMMUNICATIONS
COMMISSION
47
CFR
Part
73
[
DA
03
 
744,
MM
Docket
No.
01
 
44,
RM
 
10022]

Digital
Television
Broadcast
Service;
Derby,
KS
AGENCY:
Federal
Communications
Commission.
ACTION:
Final
rule.

SUMMARY:
The
Commission,
at
the
request
of
Pappas
Telecasting
of
America,
allots
DTV
channel
46
to
Derby,
Kansas.
See
66
FR
12753,
February
28,
2001.
DTV
channel
46
can
be
allotted
to
Derby,
Kansas,
in
compliance
with
the
principle
community
coverage
requirements
of
Section
73.625(
a)
at
reference
coordinates
37
 
54
 
12
N.
and
97
 
37
 
06
W.
with
a
power
of
1000,
HAAT
of
246
meters.
With
this
action,
this
proceeding
is
terminated.
DATES:
Effective
May
5,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
Pam
Blumenthal,
Media
Bureau,
(
202)
418
 
1600.

SUPPLEMENTARY
INFORMATION:
This
is
a
synopsis
of
the
Commission's
Report
and
Order,
MM
Docket
No.
01
 
44,
adopted
March
11,
2003,
and
released
March
20,
2003.
The
full
text
of
this
document
is
available
for
public
inspection
and
copying
during
regular
business
hours
in
the
FCC
Reference
Information
Center,
Portals
II,
445
12th
Street,
SW.,
Room
CY
 
A257,
Washington,
DC.
This
document
may
also
be
purchased
from
the
Commission's
duplicating
contractor,
Qualex
International,
Portals
II,
445
12th
Street,
SW.,
CY
 
B402,
Washington,
DC,
20554,
telephone
(
202)
863
 
2893,
facsimile
(
202)
863
 
2898,
or
via
e­
mail
qualexint@
aol.
com.

List
of
Subjects
in
47
CFR
Part
73
Digital
television
broadcasting,
Television.

Part
73
of
Title
47
of
the
Code
of
Federal
Regulations
is
amended
as
follows:

PART
73
 
[
AMENDED]

1.
The
authority
citation
for
Part
73
continues
to
read
as
follows:

Authority:
47
U.
S.
C.
154,
303,
334
and
336.

§
73.622
[
Amended]

2.
Section
73.622(
b),
the
Table
of
Digital
Television
Allotments
under
Kansas,
is
amended
by
adding
Derby,
DTV
channel
46.
Federal
Communications
Commission.
Barbara
A.
Kreisman,
Chief,
Video
Division,
Media
Bureau.
[
FR
Doc.
03
 
6876
Filed
3
 
21
 
03;
8:
45
am]

BILLING
CODE
6712
 
01
 
P
FEDERAL
COMMUNICATIONS
COMMISSION
47
CFR
Part
73
[
DA
03
 
745,
MB
Docket
No.
02
 
282,
RM
 
10523]

Digital
Television
Broadcast
Service;
Minot,
ND
AGENCY:
Federal
Communications
Commission.

ACTION:
Final
rule.

SUMMARY:
The
Commission,
at
the
request
of
Prairie
Public
Broadcasting,
substitutes
DTV
channel
*
40
for
DTV
channel
*
57
at
Minot,
North
Dakota.
See
17
FCC
Rcd
18093
(
2002).
DTV
channel
*
40
can
be
allotted
to
Minot,
North
Dakota,
in
compliance
with
the
principle
community
coverage
requirements
of
Section
73.625(
a)
at
reference
coordinates
48
 
03
 
02
N.
and
101
 
23
 
25
W.
with
a
power
of
1000,
HAAT
of
253
meters
and
with
a
DTV
service
population
of
85
thousand.
Since
the
community
of
Minot
is
located
within
400
kilometers
of
the
U.
S.­
Canadian
border,
concurrence
from
the
Canadian
government
has
been
obtained
for
this
allotment.
With
this
action,
this
proceeding
is
terminated.

DATES:
Effective
May
5,
2003.

FOR
FURTHER
INFORMATION
CONTACT:
Pam
Blumenthal,
Media
Bureau,
(
202)
418
 
1600.

SUPPLEMENTARY
INFORMATION:
This
is
a
synopsis
of
the
Commission's
Report
and
Order,
MB
Docket
No.
02
 
282,
adopted
March
11,
2003,
and
released
March
20,
2003.
The
full
text
of
this
document
is
available
for
public
inspection
and
copying
during
regular
business
hours
in
the
FCC
Reference
Information
Center,
Portals
II,
445
12th
Street,
SW.,
Room
CY
 
A257,
Washington,
DC.
This
document
may
also
be
purchased
from
the
Commission's
duplicating
contractor,
Qualex
International,
Portals
II,
445
12th
Street,
SW.,
CY
 
B402,
Washington,
DC
20554,
telephone
(
202)
863
 
2893,
facsimile
(
202)
863
 
2898,
or
via
e­
mail
qualexint@
aol.
com.

List
of
Subjects
in
47
CFR
Part
73
Digital
television
broadcasting,
Television.

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