[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Rules and Regulations]
[Pages 65902-65906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27360]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 020606142-2234-02; I.D. 041802F]
RIN 0648-AP39


Fisheries off West Coast States and in the Western Pacific; 
Pacific Coast Groundfish Fishery; Experimental Setnet Sablefish 
Landings To Qualify Limited Entry Sablefish-Endorsed Permits for Tier 
Assignment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; technical correction.

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SUMMARY: NMFS announces approval of a regulatory amendment to revise 
sablefish tier qualifications for the limited entry, fixed gear, 
primary sablefish fishery. NMFS issues this final rule to amend tier 
qualifications to include sablefish landings taken under the provisions 
of an exempted fishing permit (EFP) from 1984-1985 with setnet gear 
north of 38[deg] N. latitude (lat.). Setnet EFP landings will be added 
to the current pot (trap) and longline landings to qualify a sablefish-
endorsed permit for its tier assignment. This rule is intended to 
recognize historical sablefish landings made by current primary season 
participants.

DATES: Effective October 24, 2002.

ADDRESSES: Copies of the environmental assessment/regulatory impact 
review/initial regulatory flexibility analysis (EA/RIR/IRFA) for this 
action are available from Donald McIsaac,

[[Page 65903]]

Executive Director, Pacific Fishery Management Council, 7700 NE 
Ambassador Place, Suite 200, Portland, OR 97220. Copies of the final 
regulatory flexibility analysis (FRFA) are available form D. Robert 
Lohn, Regional Administrator, Northwest Region, NMFS, 7600 Sand Point 
Way NE, Seattle, WA 98115.

FOR FURTHER INFORMATION CONTACT: Yvonne deReynier or Jamie Goen 
(Northwest Region, NMFS), phone: 206-526-6140; fax: 206-526-6736; and 
email: [email protected], [email protected]; or Svein Fougner 
(Southwest Region, NMFS), phone: 562-980-4040; fax: 562-980-4047; and 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is available on the Government Printing Office's 
website at http://www.access.gpo.gov/su_docs/aces/aces140.html.

Background

    On June 24, 2002, NMFS published a proposed rule (67 FR 42525) 
based on a recommendation of the Pacific Fishery Management Council 
(Council), under the authority of the Pacific Coast Groundfish Fishery 
Management Plan (FMP) and the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). NMFS requested public comments 
on the proposed rule through July 24, 2002. No comments were received. 
NMFS issues this final rule to amend tier qualifications for the 
limited entry, fixed gear, primary sablefish fishery to include 
sablefish landings taken under the provisions of an exempted fishing 
permit (EFP) from 1984-1985 with setnet gear north of 38[deg] N. lat. 
The background and rationale for this rule are discussed in the 
preamble to the proposed rule published on June 24, 2002 (67 FR 42525). 
Additional information is available in the EA/RIR/IRFA prepared by the 
Council for this action (see ADDRESSES). Detailed information regarding 
the management history of the limited entry, fixed gear, sablefish-
endorsed fishery, including the 3-tier program is available in the 
preamble to the proposed rule for that program at 63 FR 19878, April 
22, 1998.
    During 1984-1985, some vessels that had historically participated 
in the pot or longline sablefish fishery chose instead to participate 
in an EFP to test sablefish catchability with setnet gear north of 
38[deg] N. lat. If those vessels had not participated in the setnet EFP 
and had fished for sablefish with pot or longline gear during 1984-1985 
as usual, the EFP vessels may have qualified for a higher tier 
assignment.
    So as not to discourage future participation in EFPs, the Council 
recommended that NMFS include EFP setnet landings from 1984-1987 in the 
qualifying requirements for tier assignment for those fixed gear 
vessels that had already qualified for a sablefish endorsement. 
However, NMFS did not issue any setnet EFPs after 1985. Therefore, NMFS 
will amend the regulations at 50 CFR part 660 to include landings of 
sablefish taken with setnet gear north of 38[deg] N. lat. under the 
provisions of an EFP issued by NMFS in 1984-1985 when determining tier 
qualifications for permits that already have a sablefish endorsement.

Corrections to 50 CFR Part 660

    NMFS will make technical corrections to 50 CFR part 660 Subpart A, 
Subpart B, Subpart C, Subpart D, Subpart E, Subpart F, Subpart G, and 
Subpart H to correct an outdated title of an agency official.
    NMFS will also make technical corrections to the groundfish 
regulations at 50 CFR part 660. The first correction will add 
clarifying language to Sec.  660.323(a)(4)(vi) to connect activities 
authorized under other paragraphs, such that if a whiting 
reapportionment authorized under Sec.  660.323(a)(4)(iv) were to occur, 
the re-opening of primary whiting season described at Sec.  
660.323(a)(3)(i) is included in the list of Federal actions to be 
announced at Sec.  660.323(a)(4)(vi). The second correction will update 
the title of an agency official referenced in Sec.  660.324(d) and 
Sec.  660.350(b)(3). The third correction will amend a cross reference 
in Sec.  660.324(f), and Sec.  660.325(d)(2) and (e)(1). These 
corrections are technical amendments to the groundfish regulations and 
will not change the effect of the regulations on fisheries entities or 
resources.

Comments and Responses

    No comments were received during the comment period for the 
proposed rule (67 FR 42525, June 24, 2002), which ended July 24, 2002.

Changes from the Proposed Rule

    This final rule includes two minor changes to the regulatory text 
from the proposed rule. In Sec.  660.334, paragraph (d)(3)(ii), the 
last sentence was replaced with a sentence specifying what is meant by 
``application.'' The replacement sentence reads, ``The application 
shall consist of a written letter stating the applicant's 
circumstances, requesting action, be signed by the applicant, and 
submitted along with the relevant documentation (fish tickets) in 
support of the application for a change in tier status.'' In Sec.  
660.334, paragraph (d)(3)(iii), the word ``certificate'' was replaced 
with the word ``permit''.

Classification

    Under 5 U.S.C. 553 (d)(1), the Assistant Administrator for 
Fisheries, NOAA waives the 30-day delay in effectiveness for this rule 
as it relieves a restriction. This rule is intended to recognize 
historical sablefish landings made by current primary season 
participants. This rule relieves a restriction by removing an inequity 
that has been in place since 1998 due to the tier qualification 
requirements established for the original tier assignments. This 
restriction is preventing those sablefish-endorsed permit owners who 
participated in the setnet EFP from 1984-1985 from using their setnet 
EFP sablefish landings during this period to qualify for tier 
assignments. This restriction has kept some vessels from possibly 
qualifying for a higher tier assignment and has thus restricted their 
ability to land more sablefish each year since 1998. This rule relieves 
the restriction by allowing sablefish-endorsed permit owners who 
participated in setnet EFPs during 1984-1985 to submit those setnet EFP 
sablefish landings to qualify for a higher tier designation. Delaying 
effectiveness of this rule would unnecessarily perpetuate the inequity 
by not allowing fishermen who qualify for a higher tier assignment 
access to increased sablefish landings associated with the higher tier 
during the 2002 primary season. The primary sablefish season for 2002 
is from April 1 - October 31. The 30-day delay in effectiveness would 
not allow fishermen adequate time to apply for a tier upgrade based on 
setnet EFP sablefish landings and would not allow NMFS time to process 
that application before the end of the 2002 primary season.
    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    NMFS prepared a FRFA describing the impact of this action on small 
entities. The IRFA was summarized in the proposed rule on June 24, 2002 
(67 FR 42525). The following is the summary of the FRFA.
    Because the Council omitted setnet landings made under EFPs from 
the qualifying requirements for the 3-tier limited entry fixed gear 
sablefish fishery, this regulatory amendment is intended to recognize 
those historical sablefish landings made by current primary season 
participants. Qualifying

[[Page 65904]]

requirements under subsequent amendments to the limited entry fixed 
gear sablefish fishery were low enough that the issue of whether to 
include setnet EFP landings did not come up. After implementation of 
the 3-tier program, the issue of whether to include setnet landings to 
qualify for tier assignment was brought to the Council's attention 
through an appeal process provided for in the 3-tier program's 
regulations.
    In the case of the setnet fishery north of 38[deg] N. lat., some 
vessels that had historically participated in the sablefish fishery 
chose instead to participate in an EFP to test sablefish catchability 
with setnet gear north of 38[deg] N. lat. If those vessels had not 
participated in the setnet EFP and had fished for sablefish with pot or 
longline gear during 1984-1985 as usual, the vessels may have qualified 
for higher tier assignments. It is inequitable to exclude setnet EFP 
landings in the tier qualifications for a vessel that historically 
participated in the fixed gear sablefish fishery and could have 
qualified for a higher tier had it not participated in the EFP.
    In addition, those who participated in the EFPs with setnet gear 
believed they were investing in the future of the fixed gear fishery 
and took part in the fishery with Council consent. If, in determining 
the level of a permit's qualification for harvest privileges the 
Council and NMFS had decided to disallow landings taken under the 
setnet EFPs, they could have discouraged fishers from taking part in 
experimental fisheries in the future. A public policy that discourages 
participation in EFPs would inhibit useful innovation in the fishery.
    The comment period on the proposed rule (67 FR 42525, June 24, 
2002) for this action ended on July 24, 2002. The agency did not 
receive any public comments on the proposed rule or the IRFA during the 
comment period.
    This rule will apply to owners of limited entry fixed gear 
sablefish permits that have a catch history that includes sablefish 
fishing with setnet gear under an experimental fishing permit. While 
two owners qualify for the provisions under this rule, only one is 
expected to have sufficient setnet landings to move his permit to a 
higher sablefish tier. The other owner already has the highest 
sablefish tier, Tier 1, and could not increase his tier assignment by 
including setnet EFP landings in his qualifications. All other limited 
entry fixed gear sablefish permit owners will be modestly affected by a 
shift of sablefish allocation toward the one owner with setnet EFP 
landings history.
    The only reporting or recordkeeping requirement associated with 
this rule is a one-time application process requesting that setnet EFP 
landings be included in sablefish tier qualifications. The application 
consists of a letter requesting action together with any relevant 
evidence, in this case fish tickets, to be submitted to NMFS 
Sustainable Fisheries Division by the party wishing to qualify for a 
higher tier based on setnet EFP landings. The application process for a 
tier upgrade will be open for a window period starting when the final 
rule is published until December 31, 2002.
    Compliance requirements do not go beyond general compliance 
requirements for operating in the Pacific coast primary sablefish 
fishery. The primary sablefish fishery has been managed under the 3-
tier system since 1998, so the concept and the compliance requirements 
associated with the concept are well understood. No specialized skills 
are needed for meeting these compliance requirements.
    The range of alternatives considered to count setnet EFP sablefish 
landings toward tier qualifications were from giving vessels no credit 
for setnet landings (no action); partial credit for the landings, or 
100 percent credit for the landings (adopted action). There is no 
apparent rationale to guide the selection of the partial credit 
approach. Therefore, the partial credit approach risked being arbitrary 
and capricious and intermediate options were not analyzed. The 
intermediate alternatives considered but not analyzed included allowing 
vessels with setnet landings to qualify for a higher tier for a 
temporary period of time or creating an intermediate tier level for 
which vessels with setnet landings might qualify. The provision of 
higher levels of access for a temporary period has been used in the 
past as a way of reducing the negative effects of disruption in the 
fishery while small businesses make a transition to new restrictions 
(e.g., the ``B'' permits that were provided in Amendment 6 and 
grandfather provisions in Amendment 14). However, in this case, vessels 
have been operating under the three-tier system since 1998, and have 
likely already made transitions. Additionally, creating a temporary 
higher tier doesn't address, over the long-term, the issue of 
unfairness to historical fixed gear sablefish fishermen who chose to 
participate in the setnet EFP instead and were penalized when the tier 
system was created. Thus, a temporary higher tier might still 
discourage future participation in EFPs. Therefore, the intermediate 
alternative of a temporary higher tier does not address the purpose and 
need of the proposed action. Similarly, creation of an intermediate 
tier level to provide some accommodation for vessels with setnet 
landings would present a problem similar to that of giving partial 
credit for setnet landings, (i.e., identification of a rational basis 
for setting the level of harvest for the intermediate tier). Creation 
of a new intermediate tier would also make the management system more 
complex.
    The expected net effects between no action and the adopted action 
are primarily reallocational in nature. Under the adopted action, the 
amount of reallocation is less than three quarters of one percent of 
the allocation to the primary fixed gear sablefish fishery, with less 
than one quarter of one percent moving between gear types (from pot to 
longline). The permits for some vessels may be reassigned to higher 
tiers, resulting in a reduction in the cumulative limits for all 
permits in all tiers. None of the alternatives considered would change 
the amount of fixed gear sablefish harvested or change managers' 
ability to control harvest. The adopted alternative will not adversely 
impact the sablefish stock, other species, or the ocean environment. 
This action is being proposed to address fairness and equity 
considerations and to avoid discouraging future innovation through EFPs 
(innovation may directly contribute to meeting the objectives of the 
FMP and Magnuson-Stevens Act national standard guidelines). It was for 
these reasons that NMFS and the Council adopted the action to include 
setnet EFP sablefish landings in tier qualifications, which will be 
implemented through this final rule. A copy of the FRFA is available 
from NMFS (see ADDRESSES).
    This rule contains a collection-of-information requirement that can 
only apply to two individuals according to the requirements of the rule 
that applicants are sablefish-endorsed permit owners who participated 
in setnet EFPs between 1984-1985. Therefore, because this rule applies 
to less than 10 people, it is not subject to the requirements of the 
Paperwork Reduction Act.

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.


[[Page 65905]]


    Dated: October 22, 2002.
Rebecca Lent,
Deputy Assistant Administrator, for Regulatory Programs National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

PART 660-- FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.


Sec.  660.324  [Amended]

    2. In Sec.  660.324, paragraph (d) remove the words ``Regional 
Director'' and add in their place, ``Regional Administrator'', and in 
Paragraph (f) remove the words ``subpart C'' and add in their place, 
``Sec.  660.331 through Sec.  660.341''.

    3. In Sec.  660.334, paragraphs (d)(2) and (3) are redesignated as 
paragraphs (d)(3) and (4), respectively, a new paragraph (d)(2) is 
added; the newly redesignated paragraphs (d)(3) and (d)(4) are revised 
to read as follows:


Sec.  660.334  Limited entry permits endorsements.

* * * * *
    (d)* * *
    (2) Endorsement and tier assignment qualifying criteria.
    (i) Permit catch history. Permit catch history will be used to 
determine whether a permit meets the qualifying criteria for a fixed 
gear sablefish endorsement and to determine the appropriate tier 
assignment for endorsed permits. Permit catch history includes the 
catch history of the vessel(s) that initially qualified for the permit, 
and subsequent catch histories accrued when the limited entry permit or 
permit rights were associated with other vessels. The catch history of 
a permit also includes the catch of any interim permit held by the 
current owner of the permit during the appeal of an initial NMFS 
decision to deny the initial issuance of a limited entry permit, but 
only if the appeal for which an interim permit was issued was lost by 
the appellant, and the owner's current permit was used by the owner in 
the 1995 limited entry sablefish fishery. The catch history of an 
interim permit where the full ``A'' permit was ultimately granted will 
also be considered part of the catch history of the ``A'' permit. If 
the current permit is the result of the combination of multiple 
permits, then for the combined permit to qualify for an endorsement, at 
least one of the permits that were combined must have had sufficient 
sablefish history to qualify for an endorsement; or the permit must 
qualify based on catch occurring after it was combined, but taken 
within the qualifying period. If the current permit is the result of 
the combination of multiple permits, the combined catch histories of 
all of the permits that were combined to create a new permit before 
March 12, 1998, will be used in calculating the tier assignment for the 
resultant permit, together with any catch history (during the 
qualifying period) of the resultant permit. Only sablefish catch 
regulated by this part that was taken with longline or trap (pot) gear 
will be considered for the sablefish endorsement, except that vessels 
qualifying for the sablefish endorsement based on longline or trap 
(pot) landings may include setnet sablefish landings defined at 
(d)(2)(ii)(B) of this section in meeting tier assignment 
qualifications. Sablefish harvested illegally or landed illegally will 
not be considered for this endorsement.
    (ii) Sablefish endorsement tier assignments. Only limited entry, 
fixed gear permits with sablefish endorsements will receive cumulative 
trip limit tier assignments.
    (A) The qualifying weight criteria for Tier 1 are at least 898,000 
lb (407,326 kg) cumulative round weight of sablefish caught over the 
years 1984-1994. The qualifying weight criteria for Tier 2 are at least 
380,000 lb (172,365 kg), but no more than 897,999 lb (407,326 kg) 
cumulative round weight of sablefish caught over the years 1984-1994. 
Fixed gear permits with less than 380,000 lb (172,365 kg) cumulative 
round weight of sablefish caught over the years 1984-1994 qualify for 
Tier 3. All qualifying sablefish landings must be caught with longline 
or trap (pot), although setnet landings defined at sub-paragraph (B) of 
this section may also be included in tier assignment qualifying 
landings. Sablefish taken in tribal set aside fisheries does not 
qualify.
    (B) Setnet sablefish landings are included in sablefish endorsement 
tier assignment qualifying criteria if those landings were made north 
of 38[deg] N. lat. under the authority of an EFP issued by NMFS in any 
of the years 1984-1985, by a vessel that landed at least 16,000 lb 
(7,257 kg) of sablefish with longline or trap (pot) gear in any one 
year between 1984-1994.
    (iii) Evidence and burden of proof. A vessel owner (or person 
holding limited entry rights under the express terms of a written 
contract) applying for issuance, renewal, replacement, transfer, or 
registration of a limited entry permit has the burden to submit 
evidence to prove that qualification requirements are met. The owner of 
a permit endorsed for longline or trap (pot) gear applying for a 
sablefish endorsement or a tier assignment under this section has the 
burden to submit evidence to prove that qualification requirements are 
met. The following evidentiary standards apply:
    (A) A certified copy of the current vessel document (USCG or State) 
is the best evidence of vessel ownership and LOA.
    (B) A certified copy of a State fish receiving ticket is the best 
evidence of a landing, and of the type of gear used.
    (C) A copy of a written contract reserving or conveying limited 
entry rights is the best evidence of reserved or acquired rights.
    (D) Such other relevant, credible evidence as the applicant may 
submit, or the SFD or the Regional Administrator request or acquire, 
may also be considered.
    (3) Issuance process for sablefish endorsements and tier 
assignments. (i) No new applications for sablefish endorsements will be 
accepted after November 30, 1998.
    (ii) All tier assignments and subsequent appeals processes were 
completed by September 1998. If, however, a permit owner with a 
sablefish endorsement believes that his permit may qualify for a change 
in tier status based on qualifications in paragraph (d)(2)(ii)(B) of 
this section, the SFD will accept applications for a tier change 
through December 31, 2002. The application shall consist of a written 
letter stating the applicant's circumstances, requesting action, be 
signed by the applicant, and submitted along with the relevant 
documentation (fish tickets) in support of the application for a change 
in tier status.
    (iii) After review of the evidence submitted under paragraph (ii), 
and any additional information the SFD finds to be relevant, the 
Regional Administrator will issue a letter of determination notifying a 
permit owner of whether the evidence submitted is sufficient to alter 
the initial tier assignment. If the Regional Administrator determines 
the permit qualifies for a different tier, the permit owner will be 
issued a permit with the revised tier assignment once the initial 
permit is returned to the SFD for processing.
    (iv) If a permit owner chooses to file an appeal of the 
determination under paragraph (iii) of this section, the appeal must be 
filed with the Regional Administrator within 30 days of the issuance of 
the letter of determination. The appeal must be in writing and must

[[Page 65906]]

allege facts or circumstances, and include credible evidence 
demonstrating why the permit qualifies for a different tier assignment. 
The appeal of a denial of an application for a different tier 
assignment will not be referred to the Council for a recommendation 
under Sec.  660.340 (e).
    (v) Absent good cause for further delay, the Regional Administrator 
will issue a written decision on the appeal within 30 days of receipt 
of the appeal. The Regional Administrator's decision is the final 
administrative decision of the Department of Commerce as of the date of 
the decision.
    (4) Ownership requirements and limitations. (i) No partnership or 
corporation may own a limited entry permit with a sablefish endorsement 
unless that partnership or corporation owned a limited entry permit 
with a sablefish endorsement on November 1, 2000. Otherwise, only 
individual human persons may own limited entry permits with sablefish 
endorsements.
    (ii) No person, partnership, or corporation may have ownership 
interest in or hold more than three permits with sablefish 
endorsements, except for persons, partnerships, or corporations that 
had ownership interest in more than 3 permits with sablefish 
endorsements as of November 1, 2000. The exemption from the maximum 
ownership level of 3 permits only applies to ownership of the 
particular permits that were owned on November 1, 2000. Persons, 
partnerships or corporations that had ownership interest 3 or more 
permits with sablefish endorsements as of November 1, 2000, may not 
acquire additional permits beyond those particular permits owned on 
November 1, 2000. If, at some future time, a person, partnership, or 
corporation that owned more than 3 permits as of November 1, 2000, 
sells or otherwise permanently transfers (not leases) some of its 
originally owned permits, such that they then own fewer than 3 permits, 
they may then acquire additional permits, but may not have ownership 
interest in or hold more than 3 permits.
    (iii) A partnership or corporation will lose the exemptions 
provided in paragraphs (d)(4)(i) and (ii) of this section on the 
effective date of any change in the corporation or partnership from 
that which existed on November 1, 2000. A ``change'' in the partnership 
or corporation means a change in the corporate or partnership 
membership, except a change caused by the death of a member providing 
the death did not result in any new members. A change in membership is 
not considered to have occurred if a member becomes legally 
incapacitated and a trustee is appointed to act on his behalf, nor if 
the ownership of shares among existing members changes, nor if a member 
leaves the corporation or partnership and is not replaced. Changes in 
the ownership of publicly held stock will not be deemed changes in 
ownership of the corporation.
* * * * *

    5. In Sec.  660.335, paragraphs (d)(1), (d)(2), and (e)(1) are 
revised to read as follows:


Sec.  660.335  Limited entry permits renewal, combination, stacking, 
change of permit ownership or permit holdership, and transfer.

* * * * *
    (d) * * *
    (1) General. The permit owner may convey the limited entry permit 
to a different person. The new permit owner will not be authorized to 
use the permit until the change in permit ownership has been registered 
with and approved by the SFD. The SFD will not approve a change in 
permit ownership for limited entry permits with sablefish endorsements 
that does not meet the ownership requirements for those permits 
described at Sec.  660.334 (d)(4).
    (2) Effective date. The change in ownership of the permit or change 
in the permit holder will be effective on the day the change is 
approved by SFD, unless there is a concurrent change in the vessel 
registered to the permit. Requirements for changing the vessel 
registered to the permit are described at paragraph (e) of this 
section.
* * * * *
    (e) * * *
    (1) General. A permit may not be used with any vessel other than 
the vessel registered to that permit. For purposes of this section, a 
permit transfer occurs when, through SFD, a permit owner registers a 
limited entry permit for use with a new vessel. Permit transfer 
applications must be submitted to SFD with the appropriate 
documentation described at paragraph (g) of this section. Upon receipt 
of a complete application, and following review and approval of the 
application, the SFD will reissue the permit registered to the new 
vessel.
* * * * *

    6. In Sec.  660.350, paragraph (b)(3) remove the term ``RA'' and 
add, in its place, the words ``Regional Administrator''.

    7. In addition to the amendments set forth above, in 50 CFR part 
660 remove the words ``Regional Director'' and add, in their place, the 
words ``Regional Administrator'' in the following places:
    a. Section 660.12,;
    b. Section 660.14 (b), (c), (e), and (f)(2);
    c. Section 660.15, (e) and (j);
    d. Section 660.17 (a), (c), (d), (e)(1), (e)(2), (e)(4) and (k);
    e. Section 600.21 (l)introductory text, (l)(1), (l)(2), and (l)(3) 
and (l)(4);
    f. Section 660.23 (a) and (b);
    g. Section 660.27 (e), (f)(1), (f)(2) intoductory text, and 
(f)(2)(i);
    h. Section 660.28 (b), (e), (g), (h), (i)(1), and (i)(2)(ii);
    i. Section 660.31 (c)(2), (d)(2), and (g)(2);
    j. Section 660.43 (b);
    k. Section 660.50 (c);
    l. Section 660.51 (a), (b), (c)(1),(c)(2), (d), (e), (f), (g)(1), 
(g)(2), and (j)(2);
    m. Section 660.52 (a), (b)(1) and (b)(3);
    n. Section 660.53 (c)(2) and (d)(2);
    o. Section 660.65 (a) and (d);
    p. Section 660.66 introductory text and (a);
    q. Section 660.67 (c)(1), (c)(2), (c)(4), (d)(2)(iii), and 
(d)(2)(iv);
    r. Section 660.81 (e);
    s. Section 660.84 (c)(2) and (c)(4);
    t. Section 660.85 (a);
    u. Section 660.302;
    v. Section 660.321 (a);
    w. Section 660.324 (d);
    x. Section 660.339;
    y. Section 660.402;
    z. Section 660.409 (a)(1) and (b)(1);
    aa. Section 660.411 (c).
[FR Doc. 02-27360 Filed 10-24-02; 3:53 pm]
BILLING CODE 3510-22-S