Unknown. Final rule

3,796 words·~17 min read·/register/2000/08/01/00-19380·

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-08-01.xml --- 65 148 Tuesday, August 1, 2000 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Oranges, grapefruit, tangerines, and tangelos grown in— Florida, 46879-46882 00-19344 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Horses from contagious equine meritis (CEM)-affected countries— Spain; Spanish Pure Breed horses, 46859-46861 00-19380 Antitrust Antitrust Division NOTICES National cooperative research notifications: Digital Imaging Group, Inc., 46949 00-19388 J Consortium, Inc., 46949-46951 00-19386 OBI Consortium, Inc., 46951 00-19387 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 46935-46936 00-19324 Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 46936 00-19462 Coast Guard Coast Guard RULES Drawbridge operations: New York, 46868-46872 00-19395 00-19396 Commerce Commerce Department See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings; Sunshine Act, 46886 00-19493 00-19494 00-19495 00-19496 Copyright Copyright Office, Library of Congress RULES Uruguay Round Agreements Act (URAA):

Copyright restoration of certain Berne Convention and World Trade Organization works— Restored copyrights, notices of intent to enforce; corrections procedure; correction, 46873 00-19098 Corporation Corporation for National and Community Service NOTICES Grants and cooperative agreements; availability, etc.: Martin Luther King, Jr. Service Day Initiative, 46886-46890 00-19288 Privacy Act: Systems of records, 46890-46905 00-19390 Customs Customs Service NOTICES IRS interest rates used in calculating interest on overdue accounts and refunds, 47002-47003 00-19400 Defense Defense Department See Uniformed Services University of the Health Sciences Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Chiragene, Inc., 46951 00-19290 Education Education Department NOTICES Meetings:

Foreign Medical Education and Accreditation National Committee, 46906 00-19338 Employment Employment and Training Administration NOTICES Adjustment assistance: A.T. Cross Co., 46955 00-19407 Georgia Pacific Corp., 46955 00-19408 Lilly Industries, Inc., 46955 00-19409 Ray-Ban Sun Optics, 46955-46956 00-19403 Swiss Maid, Inc., et al., 46956-46958 00-19405 Tecumseh Products Co., 46958 00-19410 Adjustment assistance and NAFTA transitional adjustment assistance: R. Daye Ltd. et al., 46953-46955 00-19402 Grants and cooperative agreements; availability, etc.:

H-1B technical skill training programs, 46958-46969 00-19296 Minority colleges and universities workforce partnerships and training strategies to address skill shortages demonstration program, 46969-46988 00-19297 NAFTA transitional adjustment assistance: Chevron Products Co., 46988-46989 00-19404 ITT Industries, 46989 00-19406 Sagaz Industries, Inc., 46989 00-19411 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 46906-46907 00-19354 Meetings: Environmental Management Site-Specific Advisory Board— Kirtland Area Office (Sandia), NM, 46907 00-19353 Powerplant and industrial fuel use; new electric powerplant coal capability: Self-certification filings— Freestone Power Generation, L.P., 46907 00-19355 PG&E Energy Trading-Power, L.P., 46907-46908 00-19356 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

California, 46873-46875 00-19117 NOTICES Air quality; prevention of significant deterioration (PSD); Determinations— RockGen Energy Center, Christiana, WI, 46910-46911 00-19374 Pesticide, food, and feed additive petitions: Natural Industries, Inc., et al., 46912-46916 00-19347 Pesticide registration, cancellation, etc.: Nippon Soda Co., Ltd., 46911-46912 00-19349 Reports and guidance documents; availability, etc.: Civil rights; EPA assistance recipients administering environmental permitting programs, and investigation of administrative complaints challenging permits, 46916-46917 00-19377 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export Administration Bureau NOTICES Reports and guidance documents; availability, etc.:

Crude oil imports; effect on national security; Commerce Secretary's report summary [ *Editorial Note:* This document published at 65 FR 46427 in the ** Federal Register** of Friday, July 28, 2000, was inadvertently listed under the International Trade Administration.] Export Export-Import Bank NOTICES Meetings: Advisory Committee, 46917 00-19379 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 46861-46862 00-19262 Boeing; correction, 46862-46864 00-19260 NOTICES Meetings:

Aviation Rulemaking Advisory Committee, 47001 00-19399 FBI Federal Bureau of Investigation NOTICES Agency information collection activities: Submission for OMB review; comment request, 46951-46953 00-19357 00-19358 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 46917 00-19472 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings; Sunshine Act, 46910 00-19425 *Applications, hearings, determinations, etc.:* Great Lakes Gas Transmission L.P., 46908-46909 00-19321 Kern River Gas Transmission Co., 46909 00-19320 Kinder Morgan Interstate Gas Transmission LLC, 46909 00-19318 Kinder Morgan Interstate Gas Transmission LLC et al., 46909 00-19315 Midcoast Gas Transmission, Inc., 46910 00-19316 Mid Louisiana Gas Co., 46910 00-19317 Ozark Gas Transmission, L.L.C., 46910 00-19319 Federal Railroad Federal Railroad Administration PROPOSED RULES Railroad safety:

Locomotive horns use at highway-rail grade crossings; requirement for sounding Congressional contacts, 46884 00-19397 Federal Reserve Federal Reserve System NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 46917-46920 00-19313 00-19314 Submission for OMB review; comment request, 46920-46921 00-19312 Meetings; Sunshine Act, 46921 00-19585 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 46921-46932 00-19351 00-19352 Prohibited trade practices:

Establissements Delhaize Freres et Cie “Le Lion” S.A. et al., 46932-46935 00-19350 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Necedah National Wildlife Refuge, WI, 46940-46941 00-19325 Food Food and Drug Administration RULES Human drugs: Cold, cough, allergy, bronchodilator, and antiasthmatic products (OTC)— Antitussive products containing camphor or menthol; final monograph, 46864-46868 00-19302 NOTICES Harmonisation International Conference; guidelines availability:

Active pharmaceuticals ingredients; good manufacturing practice, 46936-46937 00-19332 Reports and guidance documents; availability, etc.: Medical devices— Refractive implants; investigational device exemptions and premarket approval applications, 46938 00-19337 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See Substance Abuse and Mental Health Services Administration NOTICES Federal claims; interest rates on overdue debts, 46935 00-19295 Health Health Care Financing Administration RULES Medicare:

Hospital inpatient payments and graduate medical education rates and costs; Balanced Budget Refinement Act provisions, 47025-47054 00-19107 Hospital inpatient prospective payment systems and 2001 FY rates, 47053-47211 00-19108 Immigration Immigration and Naturalization Service PROPOSED RULES Immigration: Aliens— Detention of aliens ordered removed, 46882 00-19412 NOTICES Environmental statements; notice of intent: Arizona; border barriers for enforcement initiatives; implementation, 46953 00-19335 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 47003 00-19394 Excise taxes: Motor fuel; approved distribution terminals; control numbers, 47003-47022 00-19366 Tax counseling program for elderly; application packages; availability, 47022-47023 00-19365 International International Trade Commission NOTICES Meetings; Sunshine Act, 46947-46948 00-19497 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See Federal Bureau of Investigation See Immigration and Naturalization Service NOTICES Pollution control; consent judgments:

American Chemical Service, Inc., et al., 46948 00-19383 Harris County Municipal Utility District No. 50, TX, 46948 00-19385 Morgan-Skinner, Elsa, et al., 46948-46949 00-19382 Willamette Industries, Inc., 46949 00-19384 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Alaska Native claims selection: Doyon, Ltd., 46941 00-19327 Environmental statements; availability, etc.: Soledad Canyon Sand and Gravel Mining Project, Los Angeles County, CA, 46941-46942 00-19216 Public land orders:

Idaho, 46942 00-19326 Library Library of Congress See Copyright Office, Library of Congress Minerals Minerals Management Service NOTICES Agency information collection activities: Proposed collection; comment request, 46942-46944 00-19340 00-19341 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Contract bundling, 46875-46877 00-19270 NOTICES Agency information collection activities: Submission for OMB review; comment request, 46989-46991 00-19328 00-19329 00-19330 00-19331 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 46991-46994 00-19345 Nixon Presidential historical materials; opening of materials, 46994-46995 00-19346 National Credit National Credit Union Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 46995 00-19294 National Highway National Highway Traffic Safety Administration PROPOSED RULES Consumer information: Passenger cars and light multipurpose passenger vehicles and trucks; rollover prevention, 46884-46885 00-19398 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Atlantic highly migratory species— Pelagic longline management, 47213-47238 00-19272 Northeastern United States fisheries— Scup, 46877 00-19360 Spiny dogfish, 46877-46878 00-19359 PROPOSED RULES Fishery conservation and management:

Atlantic highly migratory species— Bycatch reduction; biological opinion; environmental impact statement; meetings, 46885 00-19389 National Park National Park Service NOTICES Native American human remains and associated funerary objects: Casa Grande Ruins National Monument, Coolidge, AZ; cultural items used by Tohono O’odham Nation of Arizona for Vikita ceremony, 46944-46945 00-19293 Salinas Pueblo Missions National Monument, Mountainair, NM; inventory, 46945-46947 00-19291 00-19292 Nuclear Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 46997 00-19540 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co., 46995-46996 00-19391 Power Authority of State of New York, 46997 00-19392 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents ADMINISTRATIVE ORDERS Administrative orders Iraq; continuation of emergency (Notice of July 28, 2000), 47241 00-19587 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration Social Social Security Administration NOTICES Privacy Act:

Systems of records, 46997-46999 00-19336 State State Department NOTICES Agency information collection activities: Proposed collection; comment request, 46999 00-19364 Grants and cooperative agreements; availability, etc.: International collaborative projects in science and technology— Egypt and United States, 46999 00-18784 Substance Substance Abuse and Mental Health Services Administration NOTICES Federal agency urine drug testing; certified laboratories meeting minimum standards, list, 46938-46940 00-19213 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Union Pacific Railroad Co., 47001 00-19274 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Dispute settlement panel establishment requests— European Community; trademarks, trade-names, or commercial names associated with businesses confiscated without compensation by Cuba, 46999-47000 00-19367 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Customs Service See Internal Revenue Service Uniformed Uniformed Services University of the Health Sciences NOTICES Meetings;

Sunshine Act, 46905 00-19437 Veterans Veterans Affairs Department PROPOSED RULES Loan guaranty: Net value and pre-foreclosure debt waivers, 46882-46883 00-19083 Separate Parts In This Issue Part II Department of Health and Human Services, Health Care Financing Administration, 47025-47211 00-19107 00-19108 Part III Department of Commerce, National Oceanic and Atmospheric Administration, 47213-47238 00-19272 Part IV The President, 47241 00-19587 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. 65 148 Tuesday, August 1, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 93 [Docket No. 99-054-2] Spanish Pure Breed Horses From Spain AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the animal import regulations to allow Spanish Pure Breed horses from Spain to be imported into the United States under the same preexport testing and quarantine conditions that apply to thoroughbred horses from regions in which contagious equine metritis exists or may exist. This action will relieve some restrictions on the importation of Spanish Pure Breed horses into the United States while continuing to protect against the introduction and dissemination of contagious equine metritis.

EFFECTIVE DATE: August 16, 2000. FOR FURTHER INFORMATION CONTACT: Dr. Gary S. Colgrove, Assistant Director, Sanitary Trade Issues Team, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-1231;

(301)734-8364. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 93 (referred to below as the regulations) prohibit or restrict the importation of certain animals into the United States to prevent the introduction of communicable diseases of livestock and poultry. Subpart C—Horses, §§ 93.300 through 92.326 of the regulations, pertains to the importation of horses into the United States. Section 93.301 of the regulations contains specific provisions for the quarantine and testing of horses from regions affected with contagious equine metritis (CEM), a highly contagious bacterial venereal disease that affects breeding and fertility. Section 93.301 also identifies regions where CEM exists and regions that trade horses freely with those where CEM exists without testing for CEM. Section 93.301 prohibits, with certain exceptions, the importation of horses into the United States from those areas. The European Union—of which Spain is a Member State—is listed in § 93.301 as a region where CEM exists or may exist. On April 3, 2000, we published in the **Federal Register** (65 FR 17455-17458, Docket No. 99-054-1) a proposal to amend the animal importation regulations by allowing Spanish Pure Breed horses to be imported from Spain into the United States under the same conditions that apply to thoroughbred horses from France, Germany, Ireland, and the United Kingdom. Specifically, the regulations previously provided that Spanish Pure Breed horses other than geldings, weanlings, and yearlings could be imported for permanent entry into the United States only in accordance with § 93.301(e), which requires preexport testing, Federal quarantine upon arrival, and further quarantine in a State approved to receive horses from listed regions. Under the proposal, imported Spanish Pure Breed stallions and mares that are more than 731 days old—like thoroughbred horses from France, Germany, Ireland, and the United Kingdom—that have tested negative for CEM in the country of origin and have undergone Federal quarantine upon arrival in the United States would not be subject to additional quarantine, testing, and treatment within an approved State. In addition, we proposed to add Spain's Servicio de Cria Caballar y Remonta as a breed association specifically approved by the U.S. Department of Agriculture to provide factual, current information regarding the activities of Spanish Pure Breed horses. We solicited comments concerning our proposal for 60 days ending June 2, 2000. We received one comment by that date. The commenter, an importer of Spanish horses, expressed support for our proposal, stating that the proposed changes would help his industry. However, the commenter also asserted that our requirement that mares over 2 years old undergo Federal quarantine upon arrival in the United States was illogical and needlessly expensive, since Spanish veterinarians test and inspect the animals for CEM prior to export, and Spain is considered free of the disease. We are making no changes to the final rule based on this comment. While we agree with the commenter that CEM presents a negligible risk in imported Spanish Pure Breed horses, with certain exceptions, all horses intended for permanent entry into the United States are also required to be detained under Federal quarantine while official tests for dourine, glanders, equine piroplasmosis, and equine infectious anemia are conducted. The animals must test negative for all of these diseases and be found by an Animal and Plant Health Inspection Service (APHIS) veterinarian to be free from any clinical evidence of disease before they can be released from quarantine. Because of the serious nature of these diseases, we believe that these requirements continue to be necessary to ensure that infected horses do not enter this country and jeopardize the health of the U.S. horse population. CEM is difficult to diagnose and control, and infected horses of both sexes are often asymptomatic. Repeated sampling, at appropriate time intervals, constitutes the only satisfactory means of determining CEM status in horses. Therefore, we also must continue to require that all horses that have tested positive for CEM prior to importation—despite the fact that they must subsequently have been treated, tested, and found negative for the disease before being exported to the United States—undergo further quarantine, treatment, and repeated testing in a State approved to receive them upon completion of the Federal quarantine. Spanish Pure Breed horses that have tested positive for CEM prior to export and, upon treatment and retesting, been found free of the disease would still have to undergo treatment within a State approved to receive such horses. However, this action will save importers of Spanish Pure Breed horses that have tested negative to the disease prior to export and have undergone the requisite Federal quarantine the additional costs that would be associated with further, in-State quarantine and testing. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the **Federal Register** . By allowing Spanish Pure Breed horses to be imported from Spain into the United States under the same conditions that apply to thoroughbred horses from certain other regions where contagious equine metritis exists or may exist, this rule will make the importation of Spanish Pure Breed horses less expensive for U.S. importers. We have determined that approximately 2 weeks are needed to ensure that APHIS personnel at ports of entry receive official notice of this change in the regulations. Therefore, the Administrator of APHIS has determined that this rule should be made effective 15 days after publication in the **Federal Register** . Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. This rule amends the regulations in 9 CFR part 93 to allow Spanish Pure Breed horses to be imported from Spain into the United States under the same conditions that apply to thoroughbred horses from France, Germany, Ireland, and the United Kingdom. We are taking this action in response to a request we have received from Spain's Equine Breeding Service to relieve some of the restrictions on the importation of Spanish Pure Breed horses from Spain since the life histories and medical records of these horses can be certified by Spanish Government veterinarians. In 1997, there were 375,218 farms in the United States keeping 2,427,277 horses of all kinds. Approximately 79,516 farms sold 325,306 horses, receiving $1.03 billion in sale revenues. Approximately 98 percent of the farms that sold horses have less than $500,000 in annual revenue and, therefore, are considered small entities by the U.S. Small Business Administration. U.S. importers and breeders of Spanish Pure Breed horses will be affected by this rule. This rule will make it less expensive for importers to import Spanish Pure Breed horses from Spain. There are approximately 270 domestic breeders of Spanish Pure Breed horses in the United States, most of which are likely to be small entities. In 1998, there were approximately 2,500 Spanish Pure Breed horses in the United States, and only 225 foals were registered that year. In 1995 and 1996, 4 horses (not all of which were Spanish Pure Breed horses) were imported into the United States from Spain; there were 21 horses in 1997, 39 in 1998, and 46 in 1999. Under this rule, we estimate that the number of Spanish Pure Breed horses imported into the United States from Spain will most likely increase to an average of about 60 per year, for the next 3 to 5 years, with a maximum of 100 in any given year. Currently, the demand for Spanish Pure Breed horses in the United States is greater than can be supplied by domestic breeders and the small number of these horses imported from Costa Rica, Mexico, and Spain. In 1997, 225 Spanish Pure Breed foals were registered in the United States, while a total of 50 were imported into the United States from all over the world, despite the high costs of shipping (approximately $5,000 per horse for air freight plus insurance against mortality, figured at 1 percent of the horse's declared value), quarantine, and testing. Because domestic Spanish Pure Breed horses are less expensive than imports, the demand for domestic Spanish Pure Breed horses should not decrease as a result of this rule. This rule will help satisfy the growing demand for the horses in the United States and make it less expensive for U.S. breeders and importers to obtain them from Spain. We do not expect domestic breeders of Spanish Pure Breed horses to be affected by this rule, since the demand in the United States for Spanish Pure Breed horses is greater than the domestic supply and since domestic Spanish Pure Breed horses will still be less expensive than imported ones. Under these circumstances, the Administrator of APHIS has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final 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. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this rule have been approved by the Office of Management and Budget

(OMB)under OMB control number 0579-0152. List of Subjects in 9 CFR Part 93 Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 93 as follows: PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS 1. The authority citation for part 93 is revised to read as follows: Authority: 7 U.S.C. 1622; 19 U.S.C. 1306; 21 U.S.C. 102-105, 111, 114a, 134a, 134b, 134c, 134d, 134f, 136, and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. 2. Section 93.301 is amended as follows: a. In footnote 6, by adding the words “Servicio de Cria Caballar y Remonta for Spain;” immediately after the word “Department:”. b. By revising paragraph (c)(2)(v), the heading to paragraph (d), and the introductory text in paragraph (d)(1). c. In paragraph (d)(1)(ii)(D), the first sentence, by removing the words “For thoroughbred horses” and adding the words “For Spanish Pure Breed horses and thoroughbred horses” in their place. d. In paragraph (d)(3), by removing the words “Thoroughbred horses” and adding the words “Spanish Pure Breed horses and thoroughbred horses” in their place each time they appear. § 93.301 General prohibitions; exceptions.

(c)* * *

(2)* * *

(v)Spanish Pure Breed horses imported for permanent entry from Spain or thoroughbred horses imported for permanent entry from France, Germany, Ireland, or the United Kingdom if the horses meet the requirements of paragraph

(d)of this section;

(d)*Spanish Pure Breed horses from Spain and thoroughbred horses from France, Germany, Ireland, and the United Kingdom.*

(1)Spanish Pure Breed horses from Spain and thoroughbred horses from France, Germany, Ireland, and the United Kingdom may be imported for permanent entry if the horses meet the following requirements: Done in Washington, DC, this 25th day of July 2000. Bobby R. Acord, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 00-19380 Filed 7-31-00; 8:45 am]

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