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11974 Federal Register / Vol. 68, No. 49 / Thursday, March 13, 2003 / Rules and Regulations

a designee, and is a thorough review of DEPARTMENT OF TRANSPORTATION the case. The formal review determination shall be based on the Saint Lawrence Seaway Development 36 CFR Part 704 information, upon which the initial Corporation determination and/or reconsideration National Preservation Board; determination was based, and any 33 CFR Part 401 1994–2002 Selected for Inclusion additional information the appealing in the party may submit or OCHAMPUS may [Docket No. SLSDC 2002–13698] AGENCY: National Film Preservation obtain. Board, Library of Congress. (3) Timeliness of formal review RIN 2135–AA15 ACTION: Final rule. determination. The Chief, Office of SUMMARY: The Librarian of Congress is Appeals and Hearings, OCHAMPUS, or Seaway Regulations and Rules: publishing the following list of films a designee normally shall issue the Automatic Identification System formal review determination no later selected from 1994–2002 for inclusion in the National Film Registry in the than 90 days from the date of receipt of AGENCY: Saint Lawrence Seaway Library of Congress pursuant to section the request for formal review by the Development Corporation, DOT. OCHAMPUS. 103 of the National Film Preservation (4) Notice of formal review ACTION: Final rule; correction. Act of 1996. The films are published to determination. The Chief, Office of notify the public of the Librarian’s Appeals and Hearings, OCHAMPUS, or SUMMARY: In the Saint Lawrence Seaway selection of twenty-five films selected in a designee shall issue a written notice Development Corporation (SLSDC) final each of these years deemed to be of the formal review determination to rule amending the Seaway regulations ‘‘culturally, historically or aesthetically the appealing party at his or her last and rules (33 CFR part 401) published significant’’ in accordance with known address. The notice of the formal in the Federal Register on February 28, Congress’ mandate. These 225 new films review determination must contain the 2003 (68 FR 9549), an inadvertent error join the 125 films already selected for following elements: was made in the heading of the new inclusion in the Registry under section 203 of the 1992 Act, as well as (i) A statement of the issue or issues § 401.20. This document corrects that previously chosen under section 3 of under appeal. error. Pub. L. 100–446. The National Film (ii) The provisions of law, regulation, DATES: Effective on March 25, 2003. Preservation Act of 1988. The policies, and guidelines that apply to Librarian’s goal in administering the Act the issue or issues under appeal. FOR FURTHER INFORMATION CONTACT: is to promote the preservation of all (iii) A discussion of the original and Marc C. Owen, Chief Counsel, Saint genres of film, represented by the additional information that is relevant Lawrence Seaway Development diverse list of films selected for to the issue or issues under appeal. Corporation, 400 Seventh Street, SW., inclusion in the Registry, and to (iv) Whether the formal review , DC 20590, (202) 366–6823. generate public interest in film as an art upholds the prior determination or form deserving of preservation. SUPPLEMENTARY INFORMATION: determinations or reverses the prior In the Saint Lawrence Seaway Development EFFECTIVE DATE: Date of Publication. determination or determinations in FOR FURTHER INFORMATION CONTACT: whole or in part and the rationale for Corporation (SLSDC) final rule amending the Seaway regulations and Steve Leggett, Staff Coordinator, The the action. National Film Preservation Board. (v) A statement of the right to request rules (33 CFR part 401) published in the Federal Register on February 28, 2003 Telephone (202) 707–5912; telefax (202) a hearing in any case when the formal 707–2371; email: [email protected]. review determination is less than fully (68 FR 9549), an inadvertent error was made in the heading of the new SUPPLEMENTARY INFORMATION: On August favorable, the issue is appealable, and 9, 1990 (55 FR 32567), the Librarian of the amount in dispute is $300 or more. § 401.20. In the heading, the word ‘‘Automated’’ should have been Congress published the list of films for (5) Effect of formal review 1989 for inclusion in the National Film ‘‘Automatic.’’ This correction makes determination. The formal review Registry in the Library of Congress. On that change. determination is final if one or more of December 24, 1990 (55 FR 52844) the the following exist: In rule FR Doc. 03–4740 published in Librarian published the list of films for (i) The issue is not appealable. (See the Federal Register on February 28, 1990. On September 30, 1991 (56 FR paragraph (a)(6) of this section.) 2003 (68 FR 9549), make the following 49413) the Librarian published the list (ii) The amount in dispute is less than correction: of films for 1991. On July 8, 1994 (59 FR $300. (See paragraph (a)(7) of this 1. On page 9551, in the heading of the 35034) the Librarian published the list section.) new § 401.20, remove ‘‘Automated’’ and of films for 1992 and 1993, bringing the (iii) Appeal rights have been offered add in its place ‘‘Automatic’’. total to 125 films selected under the but a request for hearing is not received 1988 and 1992 Acts. Today, the by OCHAMPUS within 60 days of the Issued in Washington, DC on March 10, Librarian publishes the sixth-fourteenth date of the notice of the formal review 2003. lists of films for inclusion in the determination. Saint Lawrence Seaway Development National Film Registry—twenty-five * * * * * Corporation. additional films selected in each year, Marc C. Owen, 1994–2002, added to the films already Dated: March 7, 2003. Chief Counsel. selected. L.M. Bynum, [FR Doc. 03–6048 Filed 3–12–03; 8:45 am] The 1988 Act expired on September Alternate OSD Federal Register Liaison 27, 1991. The 1992 Act expired on June Officer, Department of Defense. BILLING CODE 4910–61–P 26, 1996. On October 11, 1996, [FR Doc. 03–5954 Filed 3–12–03; 8:45 am] President Clinton signed into law the BILLING CODE 5001–08–M National Film Preservation Act of 1996,

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reauthorizing the National Film (10) Hospital (1970) § 704.27 Films Selected for Inclusion in the Preservation Board for an additional (11) Invasion of the Body Snatchers (1956) National Film Registry in the Library of seven years. The legislation [section (12) (1941) Congress for 1996. 103(b), 2 U.S.C. 179m] requires the (13) (1948) (a) The Librarian of Congress, Dr. Librarian of Congress, in consultation (14) The Manchurian Candidate (1962) James H. Billington, after consultation with his advisory group, the National (15) Marty (1955) with the National Film Preservation Film Preservation Board, to select up to (16) Meet Me in St. Louis (1944) Board, registers these films in the (17) (1969) twenty-five films per year for inclusion National Film Registry within the (18) A Movie (1958) Library of Congress for 1996: in the Registry. Under the 1996 Act, (19) Pinocchio (1940) films are selected on the basis of their (20) Safety Last (1923) (1) (1937) cultural, historical or aesthetic (21) Scarface (1932) (2) (1919) significance and they must be at least 10 (22) Snow White (1933) (3) (1978) years old. Films do not need to be (23) Tabu (1931) (4) Destry Rides Again (1939) feature length nor have had a theatrical (24) (1976) (5) Flash Gordon serial (1936) release in order to be included. (25) (1963) (6) The Forgotten Frontier (1931) These broad criteria allow many types (7) (1973) (b) In keeping with section 106(a) of (8) (1967) of films to be eligible for inclusion in (9) (1949) the National Film Registry. In addition, the Act, 2 U.S.C. 179(p), the Librarian shall endeavor to obtain an archival (10) (1927) the Librarian’s procedures for public (11) Life and Times of Rosie the Riveter participation are intended to allow the quality copy for each of these twenty- (1980) public the greatest flexibility in five films for the National Film Registry (12) M*A*S*H (1970) nominating films for inclusion. This is Collection of the Library of Congress. (13) Mildred Pierce (1945) in keeping with the broad goals of the (14) (1976) 3. In subpart A, § 704.26 is added to (15) The Producers (1968) Librarian in administering the National read as follows: Film Preservation Act to promote (16) Pull My Daisy (1959) § 704.26 Films Selected for Inclusion in the (17) Road to Morocco (1942) preservation of the complete American (18) She Done Him Wrong (1933) film heritage and to generate public National Film Registry in the Library of Congress for 1995. (19) Shock Corridor (1963) interest for this cause. (20) Show Boat (1936) List of Subjects in 36 CFR part 704 (a) The Librarian of Congress, Dr. (21) The Thief of Baghdad (1924) James H. Billington, after consultation (22) To Be Or Not To Be (1942) Labeling, Libraries, Motion pictures. with the National Film Preservation (23) Topaz (1943–45) (home movie footage Board, registers these films in the taken at Japanese American Internment Publication of 1994–2002 Film Titles Camp, the Topaz War Relocation Authority National Film Registry within the In consideration of the foregoing, 36 Center) Library of Congress for 1995: (24) Verbena Tragica (1939) CFR part 704 is amended in the manner (25) (1970) set forth below. (1) The Adventures of Robin Hood (1938) (2) All That Heaven Allows (1955) (b) In keeping with section 106(a) of PART 704—NATIONAL FILM (3) (1973) the Act, 2 U.S.C. 179(p), the Librarian REGISTRY OF THE LIBRARY OF (4) (1953) shall endeavor to obtain an archival CONGRESS (5) (1893) quality copy for each of these twenty- (6) Cabaret (1972) five films for the National Film Registry (7) Chan Is Missing (1982) 1. The authority citation for 36 CFR Collection of the Library of Congress. part 704 continues to read as follows: (8) (1974) (9) The Day the Earth Stood Still (1951) 5. In subpart A, § 704.28 is added to Authority: Public Law 104–285, 110 Stat. (10) El Norte (1983) read as follows: 3377 (2 U.S.C. 179). (11) Fatty’s Tintype Tangle (1915) § 704.28 Films Selected for Inclusion in the (12) The Four Horsemen of the Apocalypse Subpart A—Films Selected for National Film Registry in the Library of Inclusion in the National Film Registry (1921) Congress for 1997. (13) Fury (1936) (14) Gerald McBoing Boing (1951) (a) The Librarian of Congress, Dr. 2. In subpart A, § 704.25 is added to James H. Billington, after consultation read as follows: (15) The Hospital (1971) (16) Jammin’ the Blues (1944) with the National Film Preservation § 704.25 Films Selected for Inclusion in the (17) The Last of the Mohicans (1920) Board, registers these films in the National Film Registry in the Library of (18) Manhatta (1921) National Film Registry within the Congress for 1994. (19) (1959) Library of Congress for 1997: (a) The Librarian of Congress, Dr. (20) The Philadelphia Story (1940) (1) Ben-Hur (1926) James H. Billington, after consultation (21) Rip Van Winkle (1896) (2) The Big Sleep (1946) (22) Seventh Heaven (1927) with the National Film Preservation (3) The Bridge on the River Kwai (1957) (23) Stagecoach (1939) (4) Cops (1922) Board, registers these films in the (24) To Fly (1976) National Film Registry within the (5) Czechoslovakia 1968 (1968) (25) To Kill a Mockingbird (1962) (6) Grass (1925) Library of Congress for 1994: (7) (1940) (1) The African Queen (1951) (b) In keeping with section 106(a) of (8) Harold and Maude (1972) (2) (1960) the Act, 2 U.S.C. 179(p), the Librarian (9) Hindenburg Disaster Footage (3) The Cool World (1963) shall endeavor to obtain an archival (1937) (4) (1909) quality copy for each of these twenty- (10) How the West Was Won (1962) (5) E.T. The Extra-Terrestrial (1982) five films for the National Film Registry (11) The Hustler (1961) (6) The Exploits of Elaine (1914) Collection of the Library of Congress. (12) Knute Rockne, All American (1940) (7) (1948) (13) The Life and Death of 9413—A (8) Freaks (1932) 4. In subpart A, § 704.27 is added to Hollywood Extra (1928) (9) Hell’s Hinges (1916) read as follows: (14) The Little Fugitive (1953)

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(15) (1973) National Film Registry within the (b) In keeping with section 106(a) of (16) Motion Painting No. 1 (1947) Library of Congress for 1999: the Act, 2 U.S.C. 179(p), the Librarian (17) (1932) (1) Civilization (1916) shall endeavor to obtain an archival (18) The Naked Spur (1953) quality copy for each of these twenty- (19) (1954) (2) (1989) (20) Republic Steel Strike Riots Newsreel (3) (1928) five films for the National Film Registry Footage (1937) (4) (1953) Collection of the Library of Congress. (21) Return of the Secaucus 7 (1980) (5) The Emperor Jones (1933) 9. In subpart A, § 704.32 is added to (22) The Thin Man (1934) (6) Gunga Din (1939) read as follows: (23) Tulips Shall Grow (1942) (7) In the Land of the Head-Hunters (1914) (24) West Side Story (1961) aka In the Land of the War Canoes § 704.32 Films Selected for Inclusion in the (25) Wings (1927) (8) Jazz on a Summer’s Day (1959) National Film Registry in the Library of (9) King: A Filmed Record . . . Montgomery Congress for 2001. (b) In keeping with section 106(a) of to Memphis (1970) (a) The Librarian of Congress, Dr. the Act, 2 U.S.C. 179(p), the Librarian (10) The Kiss (1896) James H. Billington, after consultation shall endeavor to obtain an archival (11) Kiss Me Deadly (1955) with the National Film Preservation quality copy for each of these twenty- (12) Lambchops (1929) (13) Laura (1944) Board, registers these films in the five films for the National Film Registry (14) Master Hands (1936) National Film Registry within the Collection of the Library of Congress. (15) (1936) Library of Congress for 2001: 6. In subpart A, § 704.29 is added to (16) (1968) read as follows: (17) The Plow That Broke the Plains (1936) (1) Abbott and Costello Meet Frankenstein (18) (1981) (1948) § 704.29 Films Selected for Inclusion in the (19) (1953) (2) All That Jazz (1979) National Film Registry in the Library of (20) The Shop Around the Corner (1940) (3) All the King’s Men (1949) Congress for 1998. (21) A Streetcar Named Desire (1951) (4) America, America (1963) (22) The Ten Commandments (1956) (5) Cologne: From the Diary of Ray and (a) The Librarian of Congress, Dr. Esther (1939) James H. Billington, after consultation (23) Trance and Dance in Bali (1938–39) (24) (1969) (6) Evidence of the Film (1913) with the National Film Preservation (25) (1942) (7) Hoosiers (1986) Board, registers these films in the (8) The House in the Middle (1954) National Film Registry within the (b) In keeping with section 106(a) of (9) It (1927) Library of Congress for 1998: the Act, 2 U.S.C. 179(p), the Librarian (10) Jam Session (1942) shall endeavor to obtain an archival (11) Jaws (1975) (1) (1935) quality copy for each of these twenty- (12) Manhattan (1979) (2) The City (1939) five films for the National Film Registry (13) : The Lincoln Memorial (3) Dead Birds (1964) Concert (1939) (4) Don’t Look Back (1967) Collection of the Library of Congress. 8. In subpart A, § 704.31 is added to (14) Memphis Belle (1944) (5) (1969) (15) The Miracle of Morgan’s Creek (1944) (6) 42nd Street (1933) read as follows: (16) Miss Lulu Bett (1921) (7) From the Manger to the Cross (1912) § 704.31 Films Selected for Inclusion in the (17) National Lampoon’s (8) Gun Crazy (1949) (1978) (9) The Hitch-Hiker (1953) National Film Registry in the Library of Congress for 2000. (18) Planet of the Apes (1968) (10) The Immigrant (1917) (19) Rose Hobart (1936) (11) (1972) (a) The Librarian of Congress, Dr. (20) Serene Velocity (1970) (12) Little Miss Marker (1934) James H. Billington, after consultation (21) The Sound of Music (1965) (13) The Lost World (1925) with the National Film Preservation (22) Stormy Weather (1943) (14) Modesta (1956) Board, registers these films in the (23) The Tell-Tale Heart (1953) (15) The Ox-Bow Incident (1943) National Film Registry within the (24) The Thin Blue Line (1988) (16) Pass the Gravy (1928) (25) The Thing From Another World (1951) (17) Phantom of the Opera (1925) Library of Congress for 2000: (18) Powers of Ten (1978) (1) (1979) (b) In keeping with section 106(a) of (19) (1931) (2) Dracula (1931) the Act, 2 U.S.C. 179(p), the Librarian (20) Sky High (1922) (3) The Fall of the House of Usher (1928) shall endeavor to obtain an archival (21) (1928) (4) (1970) quality copy for each of these twenty- (22) Collapse (1940) (5) (1990) five films for the National Film Registry (23) (1982) (6) Koyaanisqatsi (1983) Collection of the Library of Congress. (24) Twelve O’Clock High (1949) (7) The Land Beyond the Sunset (1912) (25) ‘‘Westinghouse Works, 1904’’ (1904) (8) Let’s All Go to the Lobby (1957) 10. In subpart A, § 704.33 is added to (9) (1937) read as follows: (b) In keeping with section 106(a) of (10) Little Caesar (1930) the Act, 2 U.S.C. 179(p), the Librarian (11) (1953) § 704.33 Films Selected for Inclusion in the shall endeavor to obtain an archival (12) Love Finds Andy Hardy (1938) National Film Registry in the Library of quality copy for each of these twenty- (13) Multiple Sidosis (1970) Congress for 2002. five films for the National Film Registry (14) Network (1976) (a) The Librarian of Congress, Dr. Collection of the Library of Congress. (15) Peter Pan (1924) James H. Billington, after consultation 7. In subpart A, § 704.30 is added to (16) Porky in Wackyland (1938) with the National Film Preservation (17) President McKinley Inauguration read as follows: Board, registers these films in the Footage (1901) National Film Registry within the (18) Regeneration (1915) § 704.30 Films Selected for Inclusion in the Library of Congress for 2002: National Film Registry in the Library of (19) Salome (1922) Congress for 1999. (20) Shaft (1971) (1) (1979) (21) Sherman’s March (1986) (2) All My Babies (1953) (a) The Librarian of Congress, Dr. (22) A Star is Born (1954) (3) The Bad and the Beautiful (1952) James H. Billington, after consultation (23) The Tall T (1957) (4) Beauty and the Beast (1991) with the National Film Preservation (24) (series) (1943–45) (5) The Black Stallion (1979) Board, registers these films in the (25) Will Success Spoil Rock Hunter? (1957) (6) (1991)

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(7) Theodore Case Sound Test: Gus Visser SUPPLEMENTARY INFORMATION: The VA Regulatory Flexibility Act and his Singing Duck (1925) ‘‘Medical’’ regulations are set forth at 38 The Secretary hereby certifies that (8) The Endless Summer (1966) CFR Part 17.96. The interim final rule (9) (1953) this final rule will not have a significant amending these regulations was economic impact on a substantial (10) From Stump to Ship (1930) published in the Federal Register on (11) Fuji (1974) number of small entities as they are (12) In the Heat of the Night (1967) July 14, 1998 at 63 FR 37779. defined in the Regulatory Flexibility We provided a 60-day comment (13) Lady Windermere’s Fan (1925) Act, 5 U.S.C. 601–612. This rule will period that ended September 14, 1998. (14) Melody Ranch (1940) have only a miniscule effect on any We received two comments. One (15) The Pearl (1948) small entity. Therefore, pursuant to 5 (16) Punch Drunks (1934) commenter expressed support. The U.S.C. 605(b), this rule is exempt from (17) Sabrina (1954) other commenter stated that the (18) Star Theatre (1901) eligibility criteria should be liberalized the initial and final regulatory flexibility (19) (1984) to only require that a veteran be analysis requirements of §§ 603 and 604. (20) (1952) ‘‘eligible for compensation or pension Catalog of Federal Domestic Assistance (21) (1984) benefits.’’ However, there is a statutory (22) Through Navajo Eyes (series) (1966) Program Number requirement that a veteran be in receipt (23) (1968) The Catalog of Federal Domestic of benefits to qualify for the provision (24) Wild and Wooly (1917) Assistance program number for this of drugs and medicines. 38 U.S.C. (25) Wild River (1960) document is 64.012. 1712(d). No change is made based upon (b) In keeping with section 106(a) of this comment. This commenter also List of Subjects in 38 CFR Part 17 the Act, 2 U.S.C. 179(p), the Librarian states that it would be more efficient Administrative practice and shall endeavor to obtain an archival and cost-effective to authorize state quality copy for each of these twenty- procedure, Alcohol abuse, Alcoholism, homes to purchase prescription drugs Claims, Day care, Dental health, Drug five films for the National Film Registry and medicines from local VA suppliers. Collection of the Library of Congress. abuse, Foreign relations, Government No change in the regulation is made contracts, Grant programs-health, Grant James H. Billington, based upon this comment. What the programs-veterans, Health care, Health The Librarian of Congress. commenter suggests is what is facilities, Health professions, Health [FR Doc. 03–5958 Filed 3–12–03; 8:45 am] happening in those state homes that records, Homeless, Medical and dental have contracts with VA to furnish drugs BILLING CODE 1410–34–P schools, Medical devices, Medical off the Federal Supply Schedule at the research, Mental health programs, same price that VA pays. If other state Nursing homes, Philippines, Reporting DEPARTMENT OF VETERANS homes want access to the Federal and recordkeeping requirements, AFFAIRS Supply Schedule, they may achieve that Scholarships and fellowships, Travel access by contracting with VA. Based on and transportation expenses, Veterans. 38 CFR Part 17 the rationale set forth in the interim final rule and in this document we now Approved: March 3, 2003. RIN 2900–AJ34 affirm as a final rule the changes made Anthony J. Principi, by the interim final rule. Secretary of Veterans Affairs. Provision of Drugs and Medicines to Certain Veterans in State Homes Paperwork Reduction Act PART 17—MEDICAL This document contains no provisions AGENCY: Department of Veterans Affairs. Accordingly, the interim final rule constituting a collection of information ACTION: Final rule. amending 38 CFR part 17 which was under the Paperwork Reduction Act (44 published at 63 FR 37779 on July 14, U.S.C. 3501–3521). SUMMARY: This document affirms 1998, is adopted as a final rule without amendments to the Department of Administrative Procedure Act change. Veterans Affairs ‘‘Medical’’ regulations concerning the provision of drugs and This document without any changes [FR Doc. 03–6099 Filed 3–12–03; 8:45 am] medicines prescribed by non-VA affirms amendments made by an interim BILLING CODE 8320–01–P physicians for certain veterans who are final rule that is already in effect. permanently housebound or in need of Accordingly, we have concluded under regular aid and attendance. The 5 U.S.C. 553 that there is good cause for ENVIRONMENTAL PROTECTION amendments allow prescriptions to be dispensing with a delayed effective date AGENCY filled by non-VA pharmacies in state based on the conclusion that such homes under contract with VA for procedure is impracticable, 40 CFR Part 52 unnecessary, and contrary to the public filling prescriptions for patients in state [FL–82–200309(w); FRL–7466–4] homes. This is consistent with VA’s interest. special relationship with state homes. It Unfunded Mandates Approval and Promulgation of eliminates duplication of services and Implementation Plans for Florida: The Unfunded Mandates Reform Act Withdrawal of Direct Final Rule helps to improve timeliness for filling requires, at 2 U.S.C. 1532, that agencies prescriptions in state homes. prepare an assessment of anticipated AGENCY: Environmental Protection DATES: Effective Date: March 13, 2003. costs and benefits before developing any Agency (EPA). FOR FURTHER INFORMATION CONTACT: Jeff rule that may result in an expenditure ACTION: Withdrawal of direct final rule. Ramirez, Pharmacy Service (119), by State, local, or tribal governments, in Veterans Health Administration, the aggregate, or by the private sector of SUMMARY: Due to adverse comment, EPA Department of Veterans Affairs, 810 $100 million or more in any given year. is withdrawing the direct final rule Vermont Avenue NW., Washington, DC This rule would have no consequential published January 27, 2003, (see 68 FR 20420, (202) 273–8428. (This is not a effect on State, local, or tribal 3817) approving revisions to the Florida toll-free number.) governments. State Implementation Plan. The purpose

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