Unknown. Final rule

2,654 words·~12 min read·/register/2000/06/12/00-14730

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-06-12.xml --- 65 112 Monday, June 12, 2000 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agricultural Agricultural Marketing Service RULES Tobacco inspection: Burley tobacco— Moisture testing, 36781-36782 00-14730 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See National Agricultural Statistics Service Animal Animal and Plant Health Inspection Service NOTICES Committees; establishment, renewal, termination, etc.:

National Poultry Improvement Plan General Conference Committee, 36884-36885 00-14779 Meetings: National Poultry Improvement Plan General Conference Committee, 36885 00-14780 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 36815 00-14737 Children Children and Families Administration NOTICES Grant and cooperative agreement awards: InterTribal Bison Cooperative, 36815-36816 00-14750 Coast Guard Coast Guard RULES Ports and waterways safety:

Cook Inlet, AK; safety zone Correction, 36788 00-14843 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commission of Fine Commission of Fine Arts NOTICES Meetings, 36890 00-14756 Commodity Commodity Credit Corporation NOTICES Agency information collection activities: Proposed collection; comment request, 36885-36886 00-14663 Consumer Consumer Product Safety Commission NOTICES Mattresses; standards, labeling, and identification tags; petitions, 36890 00-14696 Corporation Corporation for National and Community Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 36890-36891 00-14695 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 36891-36892 00-14735 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.: H.Q. Energy Services (U.S.) Inc., 36892 00-14743 Energy Energy Efficiency and Renewable Energy Office RULES Energy conservation:

Electric and hybrid vehicle research, development, and demonstration program; petroleum-equivalent fuel economy calculation, 36985-36992 00-14446 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Arizona, 36788-36790 00-14171 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Cyprodinil, 36790-36792 00-14774 Solid wastes: Municipal solid waste landfill permit programs; adequacy determinations— West Virginia, 36792-36795 00-14164 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Arizona, 36807 00-14172 Solid wastes: Municipal solid waste landfill permit programs; adequacy determinations— West Virginia, 36807-36808 00-14165 NOTICES Meetings: Dioxin reassessment documents; toxicity equivalence factors for dioxin and related compounds, etc.; peer review workshop, 36898-36900 00-14853 Superfund; response and remedial actions, proposed settlements, etc.: Casmalia Disposal Site, CA, 36900 00-14770 Lancaster Plating Site, NC, 36900 00-14772 Superfund program:

Federal Agency Hazardous Waste Compliance Docket; Federal facilities; list update, 36993-37004 00-14773 FAA Federal Aviation Administration RULES Airworthiness directives: International Aero Engines AG, 36783-36785 00-14787 PROPOSED RULES Airworthiness directives: Airbus, 36801-36803 00-14794 Boeing, 36803-36805 00-14793 McDonnell Douglas, 36799-36801 00-14795 Airworthiness standards: Transport category airplanes— Powerplant installations; fire protection requirements, 36977-36983 00-14483 Federal airways, 36805-36807 00-14655 FCC Federal Communications Commission PROPOSED RULES Digital television stations; table of assignments:

Alaska, 36808-36809 00-14612 Georgia, 36808 00-14614 Texas, 36809 00-14611 Virginia, 36808 00-14613 NOTICES Frequency allocations and radio treaty matters: 3650-3700 MHz band (extended C-band); government transfer, 36900-36903 00-14610 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: CED Operating Co., L.P., et al., 36894-36896 00-14705 Meetings; Sunshine Act, 36897-36898 00-14836 *Applications, hearings, determinations, etc.:* Consumers Energy Co., 36892-36893 00-14712 Discovery Gas Transmission LLC, 36893 00-14708 Idaho Power Co., 36893 00-14713 Indeck Maine Energy, LLC, 36893 00-14711 Koch Gateway Pipeline Co., 36893-36894 00-14709 PG&E Gas Transmission, Northwest Corp., 36894 00-14707 Sinclair Oil Corp., 36894 00-14706 Wester Generating II, Inc., 36894 00-14710 Federal Financial Federal Financial Institutions Examination Council NOTICES Uniform Retail Credit Classification and Account Management Policy, 36903-36906 00-14704 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor carrier safety standards:

Drivers’ hours of service— Fatigue prevention; driver rest and sleep for safe operations; hearing, 36809-36810 00-14691 Federal Railroad Federal Railroad Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 36881-36882 00-14764 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 36906 00-14733 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings:

Employee Thrift Advisory Council, 36906 00-14739 FTC Federal Trade Commission NOTICES Meetings: Borderless online marketplace; consumer transactions; alternative dispute resolution; public workshop, 36888-36889 00-14763 Fine Arts Fine Arts Commission See Commission of Fine Arts Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Sponsor name and address changes— ADM Animal Health & Nutrition Division, 36787-36788 00-14699 Food additives: Paper and paperboard components— Imidazolium compounds, 36786-36787 00-14700 NOTICES Agency information collection activities:

Proposed collection; comment request, 36816-36817 00-14701 Medical devices: Premarket approval applications, list; safety and effectiveness summaries availability, 36817-36818 00-14702 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Hawaii Pacific Allied Products, Ltd.; plastic food/beverage container manufacturing facility, 36887 00-14798 Mississippi Alliant Aerospace Composite Structures Co.; space launch vehicle composite structures manufacturing plant, 36887 00-14799 Tennessee Dell Computer Corp.; personal computer manufacturing facilities, 36887-36888 00-14797 GSA General Services Administration NOTICES Environmental statements; availability, etc.:

Washington, DC; Transportation Department; new or renovated headquarters; lease acquisition, 36814-36815 00-14734 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Organization, functions, and authority delegations: Public Health Service, 36815 00-14751 Health Health Care Financing Administration See Inspector General Office, Health and Human Services Department Historic Historic Preservation, Advisory Council NOTICES Meetings, 36884 00-14765 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Housing, community development, and empowerment programs and Section 8 housing voucher assistance (SuperNOFA), 36837-36838 00-14852 Section 202 projects; assisted living conversion program; correction, 36838-36840 00-14520 Inspector Inspector General Office, Health and Human Services Department NOTICES Reports and guidance documents; availability, etc.: Individual and small group physician practices; compliance program, 36818-36835 00-14703 Interior Interior Department See Land Management Bureau See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes:

Annuities valuation, interests for life or terms of years, and remainder or reversionary interests; actuarial tables use, 36907-36944 00-12986 International International Trade Administration NOTICES Meetings: Borderless online marketplace; consumer transactions; alternative dispute resolution; public workshop, 36888-36889 00-14763 U.S. Automotive Parts Advisory Committee, 36889 00-14714 International International Trade Commission NOTICES Import investigations: EPROM, EEPROM, flash microcontroller semiconductor devices, and products containing same, 36843 00-14762 Professional electric cutting tools from— Japan, 36843-36844 00-14761 Safety eyewear and components, 36844 00-14759 Tomatoes and peppers; monitoring reports, 36844-36845 00-14760 Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.:

Arizona, 36840 00-14715 Resource management plans, etc.: Cody Resource Area, WY, 36840-36841 00-14786 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Gulf of Mexico OCS— Deepwater areas; exploration, development, and production activities, 36841-36842 00-14738 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities: Proposed collection; comment request, 36886 00-14729 National Credit National Credit Union Administration RULES Credit unions:

Consumer financial information; privacy requirements, 36782-36783 00-14785 PROPOSED RULES Privacy Act; implementation, 36797-36799 00-14784 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 00-14745 36835-36836 00-14747 00-14748 National Institute of Allergy and Infectious Diseases, 36836 00-14746 Patent licenses; non-exclusive, exclusive, or partially exclusive: BioSeek, Inc., 36836-36837 00-14749 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pollock; steller sea lion protection measures, 36795-36796 00-14776 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Atka mackerel, 36810-36813 00-14775 NOTICES Coastal zone management programs and estuarine sanctuaries: State programs— Intent to evaluate performance, 36889 00-14874 Permits: Marine mammals, 36889-36890 00-14777 National Science National Science Foundation NOTICES Reports and guidance documents; availability, etc.:

National Assessment Synthesis Report, 36845-36846 00-14732 Nuclear Nuclear Regulatory Commission RULES Fee schedules revision; 100% fee recovery (2000 FY), 36945-36975 00-14496 NOTICES Reports and guidance documents; availability, etc.: Materials licenses, consolidated guidance— Service provider licenses; program-specific guidance, 36846-36847 00-14758 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

San Joaquin County, CA; Woodbridge Irrigation District and City of Lodi's Lower Mokelumne River Restoration Program, 36842-36843 00-14744 Research Research and Special Programs Administration NOTICES Hazardous materials transportation: Intermediate bulk containers; discharge from motor vehicles, 36882-36884 00-14481 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 36847-36848 00-14716 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 36850-36856 00-14720 00-14721 00-14724 Boston Stock Exchange, Inc., 36856-36857 00-14726 Chicago Stock Exchange, Inc., 36857-36860 00-14723 00-14727 National Association of Securities Dealers, Inc., 36860-36877 00-14718 Pacific Exchange, Inc., 36877-36878 00-14722 Philadelphia Stock Exchange, Inc., 36878-36880 00-14725 00-14728 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 36848-36850 00-14717 Reunion Industries, Inc., 36850 00-14719 Sentencing Sentencing Commission, United States See United States Sentencing Commission Statistical Statistical Reporting Service See National Agricultural Statistics Service Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Research and Special Programs Administration Treasury Treasury Department See Internal Revenue Service U.S.

Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 36880-36881 00-14781 Veterans Veterans Affairs Department NOTICES Meetings: Women Veterans Advisory Committee, 36884 00-14757 Separate Parts In This Issue Part II Department of the Treasury, Internal Revenue Service, 36907-36944 00-12986 Part III Nuclear Regulatory Commission, 36945-36975 00-14496 Part IV Department of Transportation, Federal Aviation Administration, 36977-36983 00-14483 Part V Department of Energy, Energy Efficiency and Renewable Energy Office 36985-36992 00-14446 Part VI Environmental Protection Agency, 36993-37004 00-14773 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. 65 113 Monday, June 12, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 29 [Docket No.

TB-99-10] RIN 0581-AB65 Tobacco Inspection; Subpart B—Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)is adopting, as a final rule, with changes, an interim final rule revising the regulations governing permissive inspection of tobacco that special tests and services be provided by AMS, as requested by the industry. This action incorporates recommendations made by the Burley Tobacco Advisory Committee and the buying segment of the tobacco industry that moisture testing be performed by AMS on all burley tobacco marketed during the 1999-2000 marketing season. The revisions will continue to provide regulatory authority to conduct moisture testing and collect fees and charges for these services. EFFECTIVE DATE: July 12, 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, P.O. Box 96456, Washington, DC 20090-6456; or Fax:

(202)205-0235. SUPPLEMENTARY INFORMATION: The Department published in the **Federal Register** on December 2, 1999 (64 FR 67469) an interim final rule amending the regulations at 7 CFR part 29, subpart B. The Department requested comments on the regulation. The comment period expired on January 31, 2000, and AMS received no comments on the amendments. This final rule revises the regulations governing the permissive inspection of tobacco pursuant to the provisions of the Tobacco Inspection Act (49 Stat. 741, 7 U.S.C. 511 *et seq.* ). The Burley Tobacco Advisory Committee made a recommendation at its June 10, 1999, meeting that AMS conduct moisture testing on all burley tobacco offered for sale at designated auction markets. The recommendation was contingent on successful price negotiations between the buying segment and burley tobacco warehouse operators. The committee further recommended that tobacco marketed in an experimental unitized package be turned 90 degrees within the row as a condition of the testing process. During the 1998-99 marketing season, approximately 60 million pounds of burley tobacco was sold in the experimental unitized package and tested for moisture content by the warehouse operators. The unitized bale is a new experimental package consisting of an even number of traditional burley bales with one additional bale opened and evenly arranged on top which is securely bound with metal wires to form a rectangular cube. Due to integrity issues between the buying and warehouse segments of the industry, it was recommended that a third party entity perform the moisture testing. After three months of discussions and negotiations by the buying segment and the Burley Auction Warehouse Association, representing 95 percent of burley tobacco warehouse operators, a commitment was obtained from the four major tobacco companies purchasing burley tobacco to reimburse AMS $.0020 per pound for providing moisture testing services. These testing services were conducted on all burley tobacco during the 1999-2000 marketing season, including the traditional lot consisting of a maximum of eight bales and the experimental unitized package, offered for sale at designated markets. Therefore, at the recommendation of the Burley Tobacco Advisory Committee and the buying segment of the tobacco industry, the Department implemented revised regulations to conduct special testing services for interested parties and charge fees to recover the costs of providing the service as determined by the Deputy Administrator, Tobacco Programs. This rule has been determined to be “non significant” for purposes of Executive Order 12866, and therefore, has not be reviewed by the Office of Management and Budget. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This action is not intended to have retroactive effect. This 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 121.201) as those having annual receipts of less than $500,000 and small agricultural service firms are defined as those whose annual receipts are less than $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 because the fees are not mandatory but apply only when special inspections or services are requested. This rule continues revisions that amended the regulation governing the permissive inspection of tobacco to conduct special testing services for interested parties and charge fees to recover the costs of providing the service as determined by the Deputy Administrator, Tobacco Programs. The rule is changed slightly to make it clearer that the amount of the fees for special tests and services will be determined by agreement. Lists of Subjects in 7 CFR Part 29 Administrative practice and procedure, Advisory committees, Government publications, Imports, Pesticides and pests, Reporting and recordkeeping requirements, Tobacco. Accordingly, the interim final rule amending 7 CFR part 29 which was published at 64 FR 67469 on December 2, 1999, is adopted as a final rule with the following changes: PART 29—TOBACCO INSPECTION Subpart B—Permissive Inspection 1. The authority citation for 7 CFR part 29, subpart B, continues to read as follows: Authority: 7 U.S.C. 511m and 511r. 2. Section 29.56 is amended by revising the last sentence to read as follows: § 29.56 Permissive inspection. * * * Special tests and services may be performed for interested persons to the extent that available facilities will permit, subject to the payment of fees as provided in § 29.123. 3. In § 29.123, paragraph

(e)is revised to read as follows: § 29.123 Fees and charges.

(e)Fees for special tests and services will be determined by agreement between the Deputy Administrator, Tobacco Programs, and the applicant or applicants for service. Dated: June 6, 2000. Kathleen A. Merrigan, Administrator, Agricultural Marketing Service. [FR Doc. 00-14730 Filed 6-9-00; 8:45 am]

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