Unknown. Final rule

3,204 words·~15 min read·/register/2000/05/23/00-12690

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-05-23.xml --- 65 100 Tuesday, May 23, 2000 Contents Agriculture Agriculture Department See Foreign Agricultural Service See National Agricultural Statistics Service Army Army Department See Engineers Corps NOTICES Environmental statements; availability, etc.: Base realignment and closure— Fort Chaffee, AR, 33301-33302 00-12972 Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards:

National Conference of State Legislatures, 33327-33329 00-12882 Coast Guard Coast Guard RULES Ports and waterways safety: Chesapeake Bay, Baltimore, MD; transit of sailing vessel Amerigo Vespucci; safety zone, 33258-33259 00-13025 Regattas and marine parades, anchorage regulations, and ports and waterways safety: OPSAIL 2000, Baltimore, MD; regulated areas, 33255-33258 00-12877 NOTICES Agency information collection activities: Proposed collection; comment request, 33399 00-12876 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Copyright Office, Library of Congress PROPOSED RULES Copyright office and procedures:

Sound recordings, public performance; service definition, 33266-33268 00-12970 Customs Customs Service RULES Inspection, search, and seizure: Controlled substances; summary forfeiture, 33254-33255 00-12922 Merchandise, special classes: Softwood lumber shipments from Canada, 33251-33253 00-12921 Defense Defense Department See Army Department See Engineers Corps See Navy Department PROPOSED RULES Federal Acquisition Regulation (FAR): Information technology; interagency acquisition by executive agent; withdrawn, 33427-33428 00-12868 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Isotec Inc., 33354 00-12842 Novartis Pharmaceutical Corp., 33354 00-12841 Radian International LLC, 33354-33355 00-12844 Sigma Chemical Co., 33355-33356 00-12843 Education Education Department NOTICES Agency information collection activities:

Submission for OMB review; comment request, 33308-33309 00-12878 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Children with disabilities programs, 33309-33312 00-12923 Employment Employment and Training Administration NOTICES Agency information collection activities: Proposed collection; comment request, 33359-33360 00-12936 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Committees; establishment, renewal, termination, etc.:

Environmental Management Site-Specific Advisory Board, 33312 00-12933 Grants and cooperative agreements; availability, etc.: Chemical and Biological Nonproliferation Program, 33312-33313 00-12932 Engineers Engineers Corps PROPOSED RULES Danger zones and restricted areas: New River, NC; U.S. Marine Corps waterborne refueling training operation in Morgan Bay sector, 33425-33426 00-12764 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

California, 33259-33260 00-12785 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Vinclozolin, 33260-33262 00-12962 Water pollution; effluent guidelines for point source categories: Waste combustors Correction, 33423 C0-2019 PROPOSED RULES Air quality implementation plans: Preparation, adoption, and submittal— Consolidated emissions reporting, 33268-33280 00-12787 Air quality implementation plans; approval and promulgation; various States: California, 33280-33281 00-12786 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 33317-33318 00-12956 00-12957 Meetings: Science Advisory Board; correction, 33318 00-12793 Pesticide, food, and feed additive petitions: Natural Plant Products S.A., 33319-33322 00-12961 Reports and guidance documents; availability, etc.: Lakes and reservoirs; nutrient critical technical guidance manual, 33322-33323 00-12955 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Class E airspace, 33250-33251 00-12821 FCC Federal Communications Commission PROPOSED RULES Common carrier services:

Carrier identification codes; “soft slamming” and carrier identification problems arising from shared use, and resellers requirement to obtain own codes, 33281-33283 00-12981 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities: Submission for OMB review; comment request, 33323-33324 00-12940 00-12941 00-12942 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: PacifiCorp et al., 33315-33316 00-12859 Hydroelectric applications, 33316 00-12858 *Applications, hearings, determinations, etc.:* Columbia Gulf Transmission Co., 33313 00-12861 Northern Natural Gas Co., 33314 00-12863 Pacific Gas & Electric Co., 33314 00-12857 Pine Needle LNG Co., LLC, 33314 00-12864 Transwestern Pipeline Co., 33314-33315 00-12862 Trunkline Gas Co., 33315 00-12860 Federal Law Federal Law Enforcement Training Center NOTICES Meetings:

National Center for State and Local Law Enforcement Training Center Advisory Committee, 33421 00-12886 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency information collection activities: Proposed collection; comment request, 33399-33400 00-12874 Motor carrier safety standards: Driver qualifications— Allen, Elijah, Jr., et al.; vision requirement exemptions, 33406-33414 00-12930 Haugen, Eldo J., et al.; vision requirement exemptions denied, 33400-33406 00-12929 Federal Railroad Federal Railroad Administration RULES Steam locomotives; inspection and maintenance standards; public meetings, 33262 00-12950 NOTICES Exemption petitions, etc.:

Apalachicola Northern Railroad Co., 33414 00-12916 Carolina Rail Services, Inc., 33414-33415 00-12915 Central Montana Rail, Inc., 33415 00-12919 Pioneer Valley Railroad, 33415-33416 00-12918 York Railway Co., 33416 00-12917 Safety advisories, bulletins, and directives: RoadRailer trailers; securement of floor beam cross-members, 33416-33417 00-13014 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 33324-33325 00-12846 00-12951 Permissible nonbanking activities, 33325 00-12845 Meetings:

Consumer Advisory Council, 33325-33326 00-12847 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Dusky gopher frog; Mississippi gopher frog distinct population segment, 33283-33291 00-12796 NOTICES Comprehensive conservation plans; availability, etc.: Salinas River National Wildlife Refuge, Ca, 33347-33348 00-13024 Environmental statements; availability, etc.: Incidental take permits— Bastrop County, TX; Houston toad, 33348-33349 00-12883 Food Food and Drug Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 33329-33330 00-12854 Meetings: Psychopharmacological Drugs Advisory Committee, 33330 00-12855 Memorandums of understanding: Food Safety and Inspection Service; food ingredients and radiation sources used in meat and poultry products production; listing or approval, 33330-33334 00-12853 Foreign Foreign Agricultural Service NOTICES Agency information collection activities: Proposed collection; comment request, 33292-33293 00-12945 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* North Carolina Consolidated Diesel Co.

(Inc.); spark-ignition and diesel engine manufacturing facilities, 33294 00-12977 South Carolina Hubner Manufacturing Corp.; industrial bellows/molded parts manufacturing facility, 33295 00-12976 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Information technology; interagency acquisition by executive agent; withdrawn, 33427-33428 00-12868 NOTICES Environmental statements; notice of intent: Springfield, MA; U.S. Courthouse, 33326 00-12924 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Public Health Service See Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 33326 00-12946 Meetings: National Bioethics Advisory Commission, 33326-33327 00-12949 Immigration Immigration and Naturalization Service NOTICES Temporary protected status program designations: Kosovo Province; termination, 33356-33358 00-12856 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Coushatta Tribe of Louisiana; correction, 33423 C0-12321 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service International International Trade Administration NOTICES Antidumping:

Fresh garlic from— China, 33295-33297 00-12974 Freshwater crawfish tail meat from— China, 33297 00-12975 Silicon metal from— Brazil, 33297-33298 00-12980 Antidumping and countervailing duties: Brass sheet and strip from— Various countries, 33295 00-12973 *Applications, hearings, determinations, etc.:* University of— Wisconsin-Milwaukee, 33298 00-12979 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service See Prisons Bureau Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration See Pension and Welfare Benefits Administration NOTICES Meetings:

Trade Negotiations and Trade Policy Labor Advisory Committee, 33358-33359 00-12937 Land Land Management Bureau NOTICES Withdrawal and reservation of lands: Wyoming, 33349 00-12885 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 33418 00-12875 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR):

Information technology; interagency acquisition by executive agent; withdrawn, 33427-33428 00-12868 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities: Proposed collection; comment request, 33293-33294 00-12943 00-12944 NIH National Institutes of Health NOTICES Agency information collection activities: Proposed collection; comment request, 33334-33335 00-12907 Meetings: Chronic Fatigue Syndrome Coordinating Committee, 33335 00-12898 National Cancer Institute, 33335-33336 00-12892 00-12893 00-12894 00-12895 National Center for Research Resources, 33336-33337 00-12902 National Heart, Lung, and Blood Institute, 33337 00-12905 00-12906 National Institute of Allergy and Infectious Diseases, 33342 00-12899 National Institute of Child Health and Human Development, 33339-33342 00-12887 00-12888 00-12896 National Institute of Dental and Craniofacial Research, 33339-33341 00-12891 00-12900 National Institute of Diabetes and Digestive and Kidney Diseases, 33343 00-12904 National Institute of Mental Health, 33342-33343 00-12901 National Institute of Nursing Research, 33342 00-12897 National Institute on Aging, 33340 00-12889 National Institute on Drug Abuse, 33337-33339 00-12903 Scientific Review Center, 33343-33344 00-12890 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— Pacific Coast groundfish; correction, 33423 C0-11108 NOTICES Agency information collection activities: Proposed collection; comment request, 33298-33299 00-12969 Meetings: Gulf of Mexico Fishery Management Council, 33299-33300 00-12968 Pacific Fishery Management Council, 33300 00-12966 00-12967 National Park National Park Service NOTICES Native American human remains and associated funerary objects: 611th Air Support Group, Elmendorf Air Force Base, AK— Inventory from Shemya Island, AK, 33349-33350 00-12848 Agate Fossil Beds National Monument, National Park Service, Harrison, NE, et al.— Inventory from Nebraska panhandle region, 33350-33351 00-12852 National Museum of Health and Medicine, Armed Forces Institute of Pathology, Washington, DC— Native Hawaiian remains, 33351-33352 00-12851 Public Museum of Grand Rapids, MI— Marpiya Okinajin;

Dakota man executed in 1862 following United States-Dakota War, 33352-33353 00-12849 San Diego Archaeological Center, San Diego CA— Projectile points and beads from Santee Greens Site, CA, 33353 00-12850 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 33377-33378 00-12934 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 33378 00-13091 Navy Navy Department NOTICES Environmental statements; availability, etc.:

Base realignment and closure— Naval Air Station Agana, GU, 33302-33308 00-12964 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Public Service Electric & Gas Co., 33378-33380 00-12963 Occupational Occupational Safety and Health Administration PROPOSED RULES Occupational safety and health standards: Ergonomics program— State and local governments, Postal Service, and railroads; economic impact; comment request, 33263-33265 00-12983 Pension Pension and Welfare Benefits Administration NOTICES Employee benefit plans; prohibited transaction exemptions:

Banc Funds Co., LLC, et al., 33360-33376 00-12948 Texas Iron Workers and Employers et al., 33376-33377 00-12947 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Safe Boating Week, National (Proc. 7309), 33247-33248 00-13063 Prisons Prisons Bureau NOTICES Environmental statements; notice of intent: Fresno County, CA; medium-security or high-security Federal correctional facility, 33358 00-12869 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

National Toxicology Program— Center for Evaluation of Risks to Human Reproduction; phthalates review; comment request, 33344-33345 00-12908 Railroad Railroad Retirement Board NOTICES Meetings: Actuarial Advisory Committee, 33380 00-12866 Research Research and Special Programs Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 33418-33421 00-12870 00-12871 00-12872 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Order applications— Northbrook Life Insurance Co. et al., 33380-33383 00-12865 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 33383-33384 00-12928 National Association of Securities Dealers, Inc., 33384-33396 00-12926 New York Stock Exchange, Inc., 33396-33398 00-12927 SBA Small Business Administration RULES Small business size standards: 8(a) business development/small disadvantaged business status determinations, 33249-33250 00-12690 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 33398 00-12925 State State Department NOTICES Meetings: Shipping Coordinating Committee, 33398-33399 00-12938 Statistical Statistical Reporting Service See National Agricultural Statistics Service Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: HIV Services Integration Planning, 33345-33347 00-12910 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See Research and Special Programs Administration Treasury Treasury Department See Customs Service See Federal Law Enforcement Training Center Veterans Veterans Affairs Department NOTICES Legal interpretations;

General Counsel-precedent opinions: Veterans’ benefits under VA administered laws; summary, 33421-33422 00-12867 Separate Parts In This Issue Part II Department of Army, Corps of Engineer, 33425-33426 00-12764 Part III Departmment of Defense, General Services Administration, National Aeronautics and Space Administration, 33427-33428 00-12868 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. 65 100 Tuesday, May 23, 2000 Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Part 124 8(a) Business Development/Small Disadvantaged Business Status Determinations AGENCY:

Small Business Administration (SBA). ACTION: Final rule. SUMMARY: This final rule amends SBA's regulations governing the Small Disadvantaged Business

(SDB)program. The rule establishes a formal reconsideration process for applicants declined certification as an SDB. DATES: This rule is effective on May 23, 2000. FOR FURTHER INFORMATION CONTACT: Terri Dickerson, Acting Assistant Administrator, Office of Small Disadvantaged Business Certification and Eligibility, 202-619-1727. SUPPLEMENTARY INFORMATION: On March 10, 2000, SBA published in the **Federal Register** a proposed rule to amend SBA's regulations governing the Small Disadvantaged Business

(SDB)program. *See* 65 FR 12955. The rule proposed to grant applicants declined SDB certification, a 45-day period to request that the Assistant Administrator, Office of Small Disadvantaged Business Certification and Eligibility (AA/SDBCE) reconsider the decline. The proposed rule was designed to improve the efficiency and effectiveness of the certification process, by providing a formal mechanism to enable SDB applicants to immediately correct deficiencies in their SDB application. SBA received one timely comment concerning the proposed regulation. The commenter supported the proposed amendment, but requested that SBA indicate whether the reconsideration process would apply to pending SDB applications. SBA agrees that it should clarify the applicability of this final rule. As indicated above, this rule is effective on the date of publication. An immediate effective date will avoid any unnecessary delay in the implementation of the rule and any resulting interference in the efficient administration of the SDB certification process. To ensure that all current SDB applicants are afforded the same opportunity for a reconsideration of the AA/SDBCE's negative determination of SDB eligibility, this rule applies to all applications for SDB certification submitted on or after the effective date of this rule, to all SDB applications pending before a Private Certifier or the AA/SDBCE as of the rule's effective date, to any declined application where no appeal was filed at the Office of Hearings and Appeals

(OHA)and applications that are pending appeals at OHA. Since SBA received no other comments concerning the proposed rule, this final rule is identical in all respects to the proposed rule which SBA published on March 10. Under this rule, applicants denied SDB certification have 45 days from the date of the AA/SDBCE's written decision, to request that the AA/SDBCE reconsider the decline. As part of the request for reconsideration, applicants requesting reconsideration may submit additional evidence to show that they have overcome the reason(s) for the AA/SDBCE's denial. If the AA/SDBCE once again declines the application solely on grounds that were not included in the original denial letter, the AA/SDBCE is required to grant the applicant an additional 45-day period to request that the AA/SDBCE reconsider the new basis for denial. If, however, the AA/SDBCE determines that the applicant is ineligible for SDB certification for one or more of the same reason(s) as addressed in the original decline, the applicant is not entitled to a second reconsideration. This final rule does not affect an applicant's right under the current 13 CFR 124.1008(f)(3) to appeal the AA/SDBCE's decision denying eligibility nor does it affect an applicant's right with respect to ownership and control determinations of Private Certifiers. An applicant denied SDB certification based solely on reasons of social disadvantage, economic disadvantage, or disadvantaged ownership or control, continues to have the right to appeal to SBA's Office of Hearings and Appeals (OHA). The applicant also has the option to forego the reconsideration process and appeal the AA/SDBCE's initial decision to OHA, or to request reconsideration and if declined a second time solely on those grounds, to appeal the AA/SDBCE's reconsideration decision. Compliance With Executive Orders 13132, 12988, and 12866, the Regulatory Flexibility Act (5 U.S.C. 601, et seq.), and the Paperwork Reduction Act (44 U.S.C. Ch. 35) This final rule does not constitute a significant regulatory action as defined by Executive Order 12866, in that it is not likely to have an annual economic effect of $100 million or more on the economy, result in a major increase in costs or prices, or have a significant adverse effect on competition or the United States economy. SBA certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, *et seq.,* since it is a procedural amendment to the SDB certification process that would not impose any mandatory requirements on SDB applicants or deprive them of any existing rights under governing SBA regulations. For purposes of the Paperwork Reduction Act of 1995 (Public Law 104-13), SBA certifies that this final rule imposes no new reporting or recordkeeping requirements on firms applying to be certified as an SDB. The rule grants certain SDB applicants the right to submit evidence to SBA that they are socially and economically disadvantaged, that they are citizens of the United States, and that they own and control the applicant concern. This rule does not require an SDB, once certified, to report any other information to SBA or to maintain additional records. For purposes of Executive Order 13132, SBA has determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. For purposes of Executive Order 12988, SBA certifies that this rule is drafted, to the extent practicable, in accordance with the standards set forth in Section 3 of that Order. List of Subjects in 13 CFR Part 124 Government procurement, Minority businesses, Tribally owned concerns, Hawaiian Natives, Reporting and recordkeeping requirements, and Technical assistance. Accordingly, for the reasons set forth above, SBA amends title 13, CFR as follows: PART 124—[AMENDED] 1. The authority citation for 13 CFR part 124 continues to read as follows: Authority: 15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d) and Pub. L. 99-661, Pub. L. 100-656, sec. 1207, Pub. L. 101-37, Pub. L. 101-574, and 42 U.S.C. 9815. 2. Section 124.1008 is amended by redesignating paragraphs (f)(3) and (f)(4) as paragraphs (f)(4) and (f)(5), respectively, and adding a new paragraph (f)(3) to read as follows: § 124.1008 How does a firm become certified as an SDB?

(f)* * * (3)(i) If the AA/SDBCE declines the firm's application for SDB certification, the firm may request that the AA/SDBCE reconsider his or her initial decline by submitting a written request to the AA/SDBCE within 45 days of the date of the AA/SDBCE's decision. The applicant may provide any additional information and documentation pertinent to overcoming the reason(s) for the initial decline.

(ii)The AA/SDBCE will issue a written decision within 30 days of receiving the applicant's request for reconsideration, if practicable. The AA/SDBCE may either approve the application, deny it on one or more of the same grounds as the initial decision, or deny it on other grounds. If the application is denied, the AA/SDBCE will explain why the applicant is not eligible for SDB certification and give specific reasons for the decline. If the AA/SDBCE declines the application solely on issues not raised in the initial decline, the applicant may request another reconsideration as if it were an initial decline. If the AA/SDBCE declines the application for one or more of the same reasons as addressed in the initial decline, the applicant is not entitled to a second reconsideration. Dated: May 12, 2000. Aida Alvarez, Administrator. [FR Doc. 00-12690 Filed 5-22-00; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code