Unknown. Interim rule and request for comments

3,311 words·~15 min read·/register/2000/06/19/00-15323·

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-2000-06-19.xml --- 65 118 Monday, June 19, 2000 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Pine shoot beetle, 37841-37842 00-15323 NOTICES Meetings: Reptile industry; symposium, 37958 00-15364 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities census Census Monitoring Board NOTICES Meetings, 37958-37959 00-15358 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request, 37982 00-15458 Grants and cooperative agreements; availability, etc.: West Nile Virus Surveillance Program, 37982-37984 00-15372 Children Children and Families Administration NOTICES Agency information collection activities: Proposed collection; comment request, 37984-37985 00-15339 00-15340 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 37862-37863 00-15324 Regattas and marine parades, anchorage regulations, and ports and waterways safety:

Sail Boston 2000, MA, 37854-37862 00-15321 Commerce Commerce Department See Export Administration Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration RULES Shipping traffic restrictions: North Korea; repeal, 38163-38165 00-15217 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Pakistan, 37962-37963 00-15362 Consumer Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 37963 00-15519 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 37963-37964 00-15337 Submission for OMB review; comment request, 37964 00-15338 Grants and cooperative agreements; availability, etc.: National Institute on Disability and Rehabilitation Research— Alternative Financing Program and Alternative Financing Technical Assistance Program; correction, 37964-37965 00-15375 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Polymers and resins (Groups I and IV), 38029-38146 00-11418 Air programs: Stratospheric ozone protection— Ozone-depleting substances; substitutes list, 37900-37903 00-15299 Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Ohio and Kentucky, 37900 00-15294 Air quality implementation plans; approval and promulgation; various States: Pennsylvania; withdrawn, 38167-38168 00-15522 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas:

California, 37926-37932 00-15391 Air quality implementation plans; approval and promulgation; various States: Arizona, 37926 00-15394 Pennsylvania; correction, 38168-38169 00-15521 Hazardous waste: Land disposal restrictions— Miscellaneous changes, 37932-37956 00-15392 NOTICES Agency information collection activities: Submission for OMB review; comment request, 37971-37972 00-15398 Committees; establishment, renewal, termination, etc.: Environmental Policy and Technology National Advisory Council, 37972 00-15397 Superfund; response and remedial actions, proposed settlements, etc.:

Vacant Lot Site, IL, 37973 00-15396 West Site/Hows Corner Site, ME, 37973-37974 00-15399 Superfund program: Prospective purchaser agreements— Vacant Lot Site, IL, 37972 00-15395 Toxic and hazardous substances control: Premanufacture exemption approvals, 37974-37977 00-15380 00-15381 Executive Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States Export Export Administration Bureau RULES Export administration regulations:

North Korea; easing of export restrictions, 38147-38164 00-15168 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 37845-37854 00-15182 00-15186 Boeing, 37843-37851 00-15181 00-15183 Saab, 37851-37853 00-15184 PROPOSED RULES Airworthiness directives: Eurocopter Canada Ltd., 37924-37926 00-15425 Raytheon, 37922-37924 00-15420 NOTICES Airport noise compatability program: Sarasota-Bradenton International Airport, FL, 38024-38025 00-15414 Passenger facility charges; applications, etc.:

Baton Rouge Metropolitan Airport, LA, 38025 00-15415 FCC Federal Communications Commission NOTICES Agency information collection activities: Proposed collection; comment request, 37977-37979 00-15376 00-15378 Reporting and recordkeeping requirements, 37979 00-15377 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Crop insurance regulations: Millet crop, 37919-37922 00-15322 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

PJM Interconnection, L.L.C., et al., 37967-37971 00-15363 *Applications, hearings, determinations, etc.:* Central Vermont Public Service Corp., 37965 00-15357 East Tennessee Natural Gas Co., 37965 00-15351 Erie Boulevard Hydropower, L.P., 37965-37966 00-15353 Indiana Michigan Power Co., 37966 00-15352 Niagara Mohawk Energy Marketing, Inc., 37966 00-15350 Potomac Edison Co. et al., 37966-37967 00-15354 TransEnergie U.S. Ltd., 37967 00-15356 Western Resources, Inc., et al., 37967 00-15355 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, 37956-37957 00-15416 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 37979-37980 00-15329 Formations, acquisitions, and mergers, 37980 00-15331 Permissible nonbanking activities, 37980 00-15330 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Incidental take permits— Highlands County, FL; sand skink, etc., 37996-37997 00-15369 Foreign Foreign Assets Control Office RULES Foreign assets control regulations:

North Korean sanctions eased, 38164-38166 00-15390 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Kentucky, 37959 00-15405 Nebraska Kawasaki Motors Manufacturing Corp., U.S.A.; utility work trucks manufacturing facility, 37959 00-15402 New Jersey Giuvaudan Roure Corp; flavor and fragrance products manufacturing plant, 37959-37960 00-15401 New York, 37960 00-15404 Ohio, 37960 00-15403 GSA General Services Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 37980-37981 00-15334 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Health Care Financing Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Committees; establishment, renewal, termination, etc.: National Human Research Protections Advisory Committee, 37981 00-15333 Health Health Care Financing Administration RULES Medicaid:

State Children's Health Insurance Program; allotments and payments to States Correction, 38027 C0-12879 Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Children's Hospitals Graduate Medical Education Payment Program, 37985-37992 00-15332 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 37992-37993 00-15344 Submission for OMB review; comment request, 37993-37994 00-15343 00-15366 Grants and cooperative agreements; availability, etc.:

Housing, community development, and empowerment programs and Section 8 housing voucher assistance (SuperNOFA); correction, 37994-37995 00-15341 Section 8 Housing Choice Voucher Program; fair share allocation of incremental voucher funding; correction, 37995-37996 00-15365 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: Structural steel beams from— Japan, 37960-37961 00-15520 Synthetic indigo from— China, 37961-37962 00-15400 International International Trade Commission NOTICES Import investigations:

Pipe and tube from— Various countries, 38000 00-15385 Structural steel beams from— Japan, 38000-38001 00-15384 Synthetic indigo from— China, 38001 00-15383 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Grants and cooperative agreements; availability, etc.: National Incident-Based Reporting System Implementation Program, 38001-38003 00-15387 Labor Labor Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 38003-38004 00-15374 Land Land Management Bureau NOTICES Meetings:

Resource Advisory Councils— Southeast Oregon, 37997-37998 00-15335 Management Management and Budget Office NOTICES Agency information collection activities: Proposed collection; comment request, 38005-38009 00-15325 NASA National Aeronautics and Space Administration NOTICES Inventions, Government-owned; availability for licensing, 38004 00-15328 Meetings: Advisory Council Space Science Advisory Committee, 38004-38005 00-15326 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Diebold, Inc., 38005 00-15327 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities: Submission for OMB review; comment request, 38005 00-15368 NIH National Institutes of Health NOTICES Committees; establishment, renewal, termination, etc.: Biomedical Imaging in Oncology Interagency Council; correction, 38027 C0-13026 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Atlantic sea scallop and northeast multispecies, 37903-37917 00-15360 West Coast States and Western Pacific fisheries— Western Pacific pelagic, 37917-37918 00-15411 National Park National Park Service RULES National Park System: Denali National Park and Preserve, AK; special regulations, 37863-37879 00-14754 NOTICES National Register of Historic Places: Pending nominations, 37998-37999 00-15373 Office Office of Management and Budget See Management and Budget Office Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Public Public Health Service See Centers for Disease Control and Prevention See Health Resources and Services Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Republican River basin, NE and KS; Bostwick, Frenchman-Cambridge, and Kanaska Divisions, Almena Unit; long-term water service contracts, 37999-38000 00-14810 SEC Securities and Exchange Commission NOTICES Decimalization implementation plan; order to submit, 38010-38014 00-15361 Securities:

Suspension of trading— American Healthcare Providers, Inc., 38014 00-15488 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 38014-38015 00-15345 Chicago Stock Exchange, Inc., 38015-38017 00-15346 *Applications, hearings, determinations, etc.:* E-Pawn.com.Inc., 38010 00-15444 WAMEX Holdings, Inc., 38010 00-15443 SBA Small Business Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 38017 00-15419 Disaster loan areas:

New York, 38017 00-15423 Tennessee, 38017 00-15422 State State Department NOTICES Grants and cooperative agreements; availability, etc.: Internationl narcotics and law enforcement; International Demand Reduction Program, 38017-38020 00-15370 Surface Surface Transportation Board NOTICES Rail carriers: Railroad revenue adequacy determinations; Class I railroads, 38025-38026 00-15386 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 38020-38021 00-15459 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES African Growth and Opportunity Act; implementation:

Sub-Saharan African countries; benefits eligibility criteria, 38021-38022 00-15406 Generalized System of Preferences: Bangladeshi products; duty-free treatment limitations, 38022-38023 00-15410 United States-Caribbean Basin Trade Partnership Act; implementation: Caribbean Basin countries; benefits eligibility criteria, 38023-38024 00-15407 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Surface Transportation Board RULES Shipping traffic restrictions:

North Korea; repeal, 38163-38165 00-15217 Treasury Treasury Department See Foreign Assets Control Office Separate Parts In This Issue Part II Environmental Protection Agency, 38029-38146 00-11418 Part III Department of Commerce, Export Administration; Department of Transportation; Department of Treasury, Office of Foreign Assets Control, 38147-38166 00-15390 Part IV Environmental Protection Agency, 38167-38169 00-15521 00-15522 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. 65 118 Monday, June 19, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 99-101-1] Pine Shoot Beetle;

Addition to Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the pine shoot beetle regulations by adding 28 counties in Illinois, Indiana, Michigan, New Hampshire, New York, Pennsylvania, Vermont, West Virginia, and Wisconsin to the list of quarantined areas. This action is necessary to prevent the spread of the pine shoot beetle, a pest of pine products, into noninfested areas of the United States.

DATES: This interim rule was effective June 13, 2000. We invite you to comment on this docket. We will consider all comments that we receive by August 18, 2000. ADDRESSES: Please send your comment and three copies to: Docket No. 99-101-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 99-101-1. You may read any comments that we receive on this docket in our reading room.

The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. APHIS documents published in the **Federal Register** and related information, including the names of organizations and individuals who have commented on APHIS dockets, are available on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html. FOR FURTHER INFORMATION CONTACT: Ms. Christine K. Markham, Regional Program Manager, PPQ, APHIS, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606-5202,

(919)716-5582; or Ms. Coanne O'Hern, Operations Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236,

(301)734-8247. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR 301.64 (referred to below as the regulations) restrict the interstate movement of certain regulated articles from quarantined areas in order to prevent the spread of the pine shoot beetle

(PSB)into noninfested areas of the United States. PSB is a pest of pine trees. PSB can cause damage in weak and dying trees, where reproduction and immature stages of PSB occur. During “maturation feeding,” young beetles tunnel into the center of pine shoots (usually of the current years growth), causing stunted and distorted growth in host trees. PSB is also a vector of several diseases of pine trees. Adults can fly at least 1 kilometer, and infested trees and pine products are often transported long distances; these factors may result in the establishment of PSB populations far from the location of the original host tree. This pest damages urban ornamental trees and can cause economic losses to the timber, Christmas tree, and nursery industries. PSB hosts include all pine species. The beetle has been found in a variety of pine species ( *Pinus * spp.) in the United States. Scotch pine ( *P. sylvestris* ) is the preferred host of PSB. The Animal and Plant Health Inspection Service (APHIS) has determined, based on scientific data from European countries, that fir ( *Abies * spp.), spruce ( *Larix * spp.), and larch ( *Picea * spp.) are not hosts of PSB. Surveys recently conducted by State and Federal inspectors revealed 28 additional areas infested with PSB in 9 States (IL, IN, MI, NH, NY, PA, VT, WV, and WI). Copies of the surveys may be obtained by writing to either of the individuals listed under FOR FURTHER INFORMATION CONTACT . The regulations in § 301.50-3 provide that the Administrator of APHIS will list as a quarantined area each State, or each portion of a State, in which PSB has been found by an inspector, in which the Administrator has reason to believe PSB is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which PSB has been found. In accordance with these criteria, we are designating Woodford County, IL; Hamilton, Henry, Marion, Montgomery, and Rush Counties, IN; Arenac, Cheboygan, Iosco, and Roscommon Counties, MI; Coos County, NH; Broome, Chenango, Jefferson, Lewis, Madison, Oneida, and Tioga Counties, NY; Bedford, Bradford, Fayette, and Tioga Counties, PA; Essex and Orleans Counties, VT; Marshall and Tucker Counties, WV; and Green and Rock Counties, WI, as quarantined areas, and we are adding them to the list of quarantined areas provided in § 301.50-3(c). Emergency Action The Administrator of the Animal and Plant Health Inspection Service has determined that an emergency exists that warrants publication of this interim rule without prior opportunity for public comment. Immediate action is necessary to prevent PSB from spreading to noninfested areas of the United States. Because prior notice and other public procedures with respect to this action are impracticable and contrary to the public interest under these conditions, we find good cause under 5 U.S.C. 553 to make this action effective less than 30 days after publication. We will consider comments that are received within 60 days of publication of this rule in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule as a result of the comments. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process required by Executive Order 12866. We are amending the PSB regulations by adding 28 counties in Illinois, Indiana, Michigan, New Hampshire, New York, Pennsylvania, Vermont, West Virginia, and Wisconsin to the list of quarantined areas. This action is necessary to prevent the spread of PSB, a pest of pine products, into noninfested areas of the United States. This emergency situation makes compliance with section 603 and timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) impracticable. If we determine that this rule would have a significant economic impact on a substantial number of small entities, then we will discuss the issues raised by section 604 of the Regulatory Flexibility Act in our final regulatory flexibility analysis. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this interim rule. The assessment provides a basis for the conclusion that the treatment of pine products from these 28 newly regulated counties will not present a risk of introducing or disseminating plant pests and will not have a significant impact on the quality of the human environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with:

(1)The National Environmental Policy Act of 1969, as amended

(NEPA)(42 U.S.C. 4321 *et seq.* ),

(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),

(3)USDA regulations implementing NEPA (7 CFR part 1b), and

(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). Copies of the environmental assessment and finding of no significant impact are available for public inspection at USDA, room 1141, South Building, 14th Street and Independence Avenue, SW., Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on

(202)690-2817 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT . Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 147a, 150bb, 150ee, 150ff, 161, 162, and 164-167; 7 CFR 2.22, 2.80, and 371.2(c). 2. Section 301.50-3, paragraph

(c)is amended as follows: a. By adding, in alphabetical order, entries for New Hampshire and Vermont to read as set forth below. b. Under Illinois, Indiana, Michigan, New York, Pennsylvania, West Virginia, and Wisconsin, by adding new counties in alphabetical order to read as set forth below. § 301.50-3 Quarantined areas.

(c)* * * ILLINOIS *Woodford County* . The entire county. INDIANA *Hamilton County* . The entire county. *Henry County* . The entire county. *Marion County.* The entire county. *Montgomery County.* The entire county. *Rush County.* The entire county. MICHIGAN *Arenac County.* The entire county. *Cheboygan County.* The entire county. *Iosco County.* The entire county. *Roscommon County.* The entire county. NEW HAMPSHIRE *Coos County.* The entire county. NEW YORK *Broome County.* The entire county. *Chenango County.* The entire county. *Jefferson County.* The entire county. *Lewis County.* The entire county. *Madison County.* The entire county. *Oneida County.* The entire county. *Tioga County.* The entire county. PENNSYLVANIA *Bedford County.* The entire county. *Bradford County.* The entire county. *Fayette County.* The entire county. *Tioga County.* The entire county. VERMONT *Essex County.* The entire county. *Orleans County.* The entire county. WEST VIRGINIA *Marshall County.* The entire county. *Tucker County.* The entire county. WISCONSIN *Green County.* The entire county. *Rock County.* The entire county. Done in Washington, DC, this 13th day of June 2000. Craig A. Reed, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 00-15323 Filed 6-16-00; 8:45 am]

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