Unknown. Final rule

2,827 words·~13 min read·/register/2000/04/13/00-9173

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-04-13.xml --- 65 72 Thursday, April 13, 2000 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Meetings: Scientific Counselors Board et al., 00-9188 Agricultural Agricultural Marketing Service RULES Tobacco inspection: Flue-cured tobacco— Elimination of interference, distraction, and outside influence on tobacco grading, 00-9173 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Adoption Opportunities Program et al., 00-9150 Coast Guard Coast Guard RULES Drawbridge operations: South Carolina, 00-9220 NOTICES Agency information collection activities: Proposed collection; comment request, 00-9250 Aquatic Nuisance Species Task Force; recommendations: Zebra mussels and other aquatic nuisance species; recreational activities to control spread; voluntary guidelines, 00-9248 Committees; establishment, renewal, termination, etc.: Commercial Fishing Industry Vessel Advisory Committee, 00-9249 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Privacy Act:

Systems of records, 00-8862 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Belarus, 00-9179 Defense Defense Department See Navy Department See Uniformed Services University of the Health Sciences RULES Acquisition regulations: Caribbean Basin countries, 00-9086 Foreign acquisition, 00-9087 Indian organizations and Indian-owned economic enterprises; utilization, 00-9084 Manufacturing Technology Program, 00-9085 PROPOSED RULES Acquisition regulations:

Foreign military sales contract line items; closeout, 00-9083 Information disclosure; withdrawn, 00-9082 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-9175, 00-9176 Grants and cooperative agreements; availability, etc.: Life Skills for State and Local Prisoners Program, 00-9140 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Arizona, 00-8832 Illinois, 00-8952 Washington, 00-7627 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Fenhexamid, 00-9144 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Arizona, 00-8833 Florida, 00-9235 Illinois, 00-8953 NOTICES Air pollution; standards of performance for new stationary sources: Storage Tank Emission Reduction Partnership Program; slotted guidepoles at petroleum and organic liquid storage vessels, 00-9091 Superfund; response and remedial actions, proposed settlements, etc.:

Lyman Dyeing and Finishing Site, SC, 00-9237 Executive Executive Office of the President See Management and Budget Office See Presidential Documents Farm Farm Service Agency NOTICES Agency information collection activities: Proposed collection; comment request, 00-9174 FAA Federal Aviation Administration RULES Class B airspace, 00-9145 Class E airspace, 00-9217, 00-9218 NOTICES Organization, functions, and authority delegations: Associate Chief Counsel/Director, Office of Dispute Resolution for Acquisition, 00-9146 Reports and guidance documents; availability, etc.:

Certification plans to address human factors for certification of transport airplane flight decks; agency review, 00-9214 FCC Federal Communications Commission NOTICES Meetings: North American Numbering Council, 00-9333 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Northwest Generation Co. et al., 00-9161 Environmental statements; availability, etc.: Montana Natural Resources and Conservation Department, 00-9168 Hydroelectric applications, 00-9164, 00-9165, 00-9166, 00-9167 Practice and procedure:

Off-the-record communications, 00-9171 *Applications, hearings, determinations, etc.:* Atlanta Gas Light Co., 00-9162 Northwest Pipeline Corp., 00-9169 Pacific Gas & Electric Co., 00-9163 Transcontinental Gas Pipe Line Corp., 00-9170 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Randolph County, NC, 00-9227 Union and Mecklenburg Counties, NC, 00-9228 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 00-9143 Formations, acquisitions, and mergers, 00-9141 Permissible nonbanking activities, 00-9142 Federal Retirement Federal Retirement Thrift Investment Board PROPOSED RULES Thrift Savings Plan: Administrative errors correction, 00-9088 FTC Federal Trade Commission NOTICES Meetings: Online Access and Security Advisory Committee, 00-9265 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 00-9138 Marine mammal permit applications, 00-9139 Wild Bird Conservation Act of 1992:

Approval applications— Rilling, Jeanette, 00-9231 Food Food and Drug Administration RULES Medical devices: Class III preamendment devices; lung water monitor, powered vaginal muscle stimulator for therapeutic use, and stairclimbing wheelchair, 00-9135 General and plastic surgery devices— Stainless steel suture; reclassification, 00-9129 Organization, functions, and authority delegations: Headquarters and field offices; addresses update, 00-9126 NOTICES Agency information collection activities:

Proposed collection; comment request, 00-9128, 00-9131 Reporting and recordkeeping requirements, 00-9127, 00-9130, 00-9133, 00-9134 Submission for OMB review; comment request, 00-9132 Forest Forest Service NOTICES Agency information collection activities: Proposed collection; comment request; correction, 00-9209 Environmental statements; availability, etc.: Utah Northern Goshawk Project, 00-9245 GSA General Services Administration PROPOSED RULES Federal Management Regulation:

Surplus personal property donation, 00-9001 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Grant and cooperative agreement awards: ASPIRA Association, Inc., 00-9147 Grants and cooperative agreements; availability, etc.: Adolescent Family Life Demonstration Projects Program, 00-9148 HIV/AIDS-Related Services in Highly Impacted Minority Communities;

Technical Assistance and Capacity Development Demonstration Program, 00-9149 Housing Housing and Urban Development Department NOTICES Meetings: Predatory lending practices; public fact-finding forums and task force establishment, 00-9284 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Cut-to-length carbon steel plate from— Romania, 00-9239 Expandable polystyrene resins from— Indonesia and Korea, 00-9241 Non-frozen apple juice concentrate from— China, 00-9240 Stainless steel butt-weld pipe fittings from— Various countries, 00-9238 Justice Justice Department See Parole Commission NOTICES Pollution control; consent judgments:

Alcoa Inc., 00-9156 Azrael et al., 00-9154 Boomsnub Corp., 00-9158 Greenwood Chemical Co., 00-9160 Libra Industries, Inc. of Michigan, 00-9157 Lockheed Martin Corp., 00-9155 Odabashian, Robert, et al., 00-9153 S.B. Foot Tanning Co., 00-9151 Sun Co., Inc, et al., 00-9152 TH Agriculture & Nutrition, L.L.C., 00-9159 Labor Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-9177, 00-9178 Management framework plans, etc.:

Utah, 00-9189 Meetings: Resource Advisory Councils— Sierra Front/Northwestern Great Basin, 00-9225 Survey plat filings: Arizona, 00-9226 Colorado, 00-9224 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 00-9335 Management Management and Budget Office NOTICES Federal information resources management (Circular A-130), 00-9077 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Energy Fuels Coal, Inc., et al., 00-9023 National Communications National Communications System NOTICES Meetings:

National Security Telecommunications Advisory Committee, 00-9210 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 00-9185 National Institute of Environmental Health Sciences, 00-9184 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic bluefin tuna, 00-9123 NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-9121, 00-9122 Permits:

Marine mammals, 00-9124, 00-9229 National Park National Park Service NOTICES Environmental statements; availability, etc.: Yosemite National Park, CA, 00-8998 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 00-9183 Meetings: Advanced Computational Infrastructure and Research Special Emphasis Panel, 00-9199 Biological Sciences Special Emphasis Panel, 00-9201 Chemical and Transport Systems Special Emphasis Panel, 00-9203 Civil and Mechanical Systems Special Emphasis Panel, 00-9205 Developmental Mechanisms Advisory Panel, 00-9204 Earth Sciences Proposal Review Panel, 00-9197 Electrical and Communications Systems Special Emphasis Panel, 00-9194, 00-9195 Engineering Advisory Committee, 00-9192 Engineering Education and Centers Special Emphasis Panel, 00-9200 Geosciences Advisory Committee, 00-9198 Geosciences Special Emphasis Panel, 00-9196 Human Resource Development Special Emphasis Panel, 00-9202 Systematic and Population Biology Advisory Panel, 00-9193 Navy Navy Department NOTICES Meetings:

Ocean Research Advisory Panel, 00-9223 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 00-9291 Office Office of Management and Budget See Management and Budget Office Parole Parole Commission RULES Federal prisoners; paroling and releasing, etc.: District of Columbia Code— Prisoners serving sentences, 00-9050 PROPOSED RULES Federal prisoners; paroling and releasing, etc.: District of Columbia Code— Prisoners serving sentences, 00-9051 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Crime Victims’ Rights Week, National (Proc. 7290), 00-9332 Former Prisoner of War Recognition Day, National (Proc. 7289), 00-9331 Pan American Day and Pan American Week (Proc. 7288), 00-9330 Public Public Health Service See Agency for Toxic Substances and Disease Registry See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Railroad Railroad Retirement Board RULES Railroad Retirement Act:

Evidence required for payment, 00-9024 Reclamation Reclamation Bureau NOTICES Meetings: Conservation Advisory Group, Yakima River Basin Water Enhancement Project, 00-9190 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities: Proposed collection; comment request, 00-9174 Rural Rural Housing Service NOTICES Agency information collection activities: Proposed collection; comment request, 00-9174 RUS Rural Utilities Service NOTICES Agency information collection activities:

Proposed collection; comment request, 00-9174 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Boston 1784 Funds et al., 00-9180 Endeavor Series Trust et al., 00-9252 ING Variable Insurance Trust et al., 00-9181 *Applications, hearings, determinations, etc.:* BriteSmile, Inc., 00-9182 SBA Small Business Administration NOTICES Interest rates; quarterly determinations, 00-9125 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:

SAMHSA special emphasis panels, 00-9208 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Transportation Statistics Bureau Transportation Transportation Statistics Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 00-9213 Submission for OMB review; comment request, 00-9212 Uniformed Uniformed Services University of the Health Sciences NOTICES Meetings; Sunshine Act, 00-9380 Separate Parts In This Issue Part II Environmental Protection Agency, 00-8833, 00-8832 Part III Department of Justice, U.S. Parole Commission, 00-9050, 00-9051 Part IV General Services Administration, 00-9001 Part V Department of Education, 00-9140 Part VI Department of Health and Human Services, Public Health Service, 00-9148 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. 65 72 Thursday, April 13, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 29 [Docket No.

TB-99-07] RIN 0581-AB75 Tobacco Inspection; Subpart B—Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture (Department) is adopting as a final rule, with minor formatting changes, the provisions of an interim final rule, the regulation governing the mandatory inspection of tobacco that added the term “purchaser” specifically to include in the regulatory text this segment of the industry from attempting to influence, impede, or discuss any matter related to grading while the tobacco inspectors are grading tobacco on the auction warehouse floor and removed the language allowing the producer to discuss the grading of their tobacco with the inspector at the time grading is being performed.

This rule incorporates recommendations made by the Flue-Cured Tobacco Advisory Committee, the Five-State Flue-Cured Tobacco Committee, and industry representatives to clarify when it is allowable for someone to communicate with the grading personnel while they are performing their actual duties. The revisions better eliminate interference, distraction, and outside influence on the grading of tobacco. EFFECTIVE DATE: May 15, 2000. FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy Administrator, Tobacco Programs, Agricultural Marketing Service (AMS), United States Department of Agriculture (USDA), Room 502 Annex Building, PO Box 96456, Washington, DC 20090-6456; or Fax:

(202)205-0235. SUPPLEMENTARY INFORMATION: The Department published in the **Federal Register** on September 27, 1999 (64 FR 51887) an interim final rule amending the regulation at 7 CFR part 29, subpart B. The Department requested comments on the regulation. The comment period expired on November 26, 1999. AMS received one comment from a buying segment of the tobacco industry favoring the amendments. This final rule revises the regulation governing the mandatory inspection of tobacco pursuant to the provisions of the Tobacco Inspection Act (49 Stat. 741, 7 U.S.C. 511 *et seq.* ). The Department received recommendations from the Flue-Cured Tobacco Advisory Committee, the Five-State Flue-Cured Tobacco Committee, and industry representatives that changes to the regulation in subpart B, § 29.81(a), Interference with inspectors, is necessary to better eliminate interference, distraction, and outside influence on the grading of tobacco. The prior regulation specified that, no person, including the owner, producer, warehouseman, agent, or employee thereof shall attempt to influence, impede, or discuss any matter relating to grading while the tobacco inspectors are grading tobacco on the auction warehouse floor. The interim final rule does not allow any member of the industry, including tobacco purchasers, to discuss any matter pertaining to grading while the tobacco inspectors are grading tobacco on the auction warehouse floor. Also, the interim final rule action removed language allowing a producer to discuss the grading of their tobacco with the inspector at the time grading is performed. While producers are allowed to be present when their tobacco is being graded, they cannot discuss the grade or attempt to influence or intimidate the inspector during the performance of grading duties. The interim final rule does not preclude the producer from appealing the decision of the inspector after a grade has been assigned. This action finalizes the provisions of the interim final rule, with minor formatting changes, that added the term “purchaser” specifically to include in the regulatory text that segment of the industry from attempting to influence, impede, or discuss any matter related to grading while tobacco inspectors are grading tobacco on the auction warehouse floor and that removed the language allowing the producer to discuss the grading of their tobacco with the inspector at the time grading is being performed. This final rule has been determined to be “non significant” for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. This final rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. Additionally, in conformance with the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), full consideration has been given to the potential economic impact upon small business. All tobacco warehouses and producers fall within the confines of “small business” which are defined by the Small Business Administration (13 CFR 121.601) as those having annual receipts of less than $500,000 and small agricultural service firms are defined as those whose annual receipts are less that $3,500,000. There are approximately 190 tobacco warehouses and approximately 30,000 producers and most warehouses and producers may be classified as small entities. The Agricultural Marketing Service has determined that this action will not have a significant economic impact on a substantial number of small entities. This rule continues revisions that amended the regulation governing the mandatory inspection of tobacco that:

(1)Added the term “purchaser” to specifically include in the regulatory text this segment of the industry from attempting to influence, impeding, or discussing any matter relating to grading while tobacco inspectors are grading tobacco on the auction floor and

(2)removed the language allowing a producer from discussing grading of their tobacco with the inspector at the time grading is being performed. Specifying the term “purchaser” in the text of the regulation merely identifies a segment of the industry already prohibited from these actions. Further, removal of language allowing producers to discuss with inspectors their tobacco will have minimal impact on producers since producers would not be precluded from appealing the decision of an inspector after a grade has been assigned. List of Subjects in 7 CFR Part 29 Administrative practice and procedure, Advisory committees, Government publications, Imports, Pesticides and pests, Reporting and recordkeeping requirements, Tobacco. For the reasons set forth in the preamble, the interim final rule amending 7 CFR part 29 which was published at 64 FR 51887 on September 27, 1999, is adopted as a final rule with the following change: PART 29—TOBACCO INSPECTION Subpart B—Regulations 1. The authority citation for part 29, subpart B continues to read as follows: Authority: 7 U.S.C. 511m and 511r. 2. In § 29.81, paragraph

(a)is revised to read as follows: § 29.81 Interference with inspectors.

(a)No person, including the owner, producer, warehouseman, purchaser, agent, or employee thereof shall attempt, in any manner, to influence an inspector with respect to the grade designation of tobacco, or impede, in any manner, an inspector while the inspector is in the process of grading tobacco on the warehouse auction floor, or ask any question or discuss any matter pertaining to the grading of tobacco while the inspector is grading any tobacco on the warehouse auction floor. While inspectors are engaged in grading the day's sale, all requests for information concerning the grade designation on or requests to review the grade of any lot of tobacco shall be made only to the head grader or to the market supervisor grader. Dated: April 5, 2000. Kathleen A. Merrigan, Administrator, Agricultural Marketing Service. [FR Doc. 00-9173 Filed 4-12-00; 8:45 am]

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