Unknown. Final rule

2,984 words·~14 min read·/register/2000/08/14/00-20611

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-2000-08-14.xml --- 65 157 Monday, August 14, 2000 Contents Agricultural Agricultural Marketing Service RULES Kiwifruit grown in— California, 49472-49474 00-20490 NOTICES Swiss and Emmentaler cheese; grade standards; correction, 49533 00-20491 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service RULES Grants and cooperative agreements to State and local governments, universities, hospitals, and other non-profit organizations; uniform administrative requirements, 49474-49481 00-20489 Organization, functions, and authority delegations:

Under Secretary for Marketing and Regulatory Programs et al., 49471-49472 00-20611 Air Force Air Force Department NOTICES Privacy Act: Systems of records, 49548-49549 00-20474 Animal Animal and Plant Health Inspection Service RULES Organization, functions, and authority delegations: Agriculture Under Secretary for Marketing and Regulatory Programs et al., 49471-49472 00-20611 NOTICES Environmental statements; notice of intent: Rangeland grasshopper and Mormon cricket control activities, 49533-49534 00-20488 Army Army Department See Engineers Corps NOTICES Meetings:

Armed Forces Epidemiological Board, 49549 00-20565 Army Education Advisory Committee, 49549 00-20564 Patent licenses; non-exclusive, exclusive, or partially exclusive: Disposable pulse oximeter assembly and protective cover, 49549-49550 00-20568 Method for monitoring arterial oxygen saturation, 49550 00-20569 Nasopharyngeal airway with reflectance pulse oximeter sensor, 49550 00-20567 Pulse oximeter sensor with combination oropharyngeal airway and bite block, 49550 00-20566 Privacy Act:

Systems of records, 49551-49553 00-20473 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 49535-49536 00-20483 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Lyme disease ecology research, 49574-49577 00-20498 Lyme disease laboratory diagnosis and pathogenesis research, 49577-49579 00-20500 Lyme disease prevention, 49579-49582 00-20499 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: Delaware, 49535 00-20563 Coast Guard Coast Guard RULES Ports and waterways safety: Great South Bay, NY; safety zone, 49495-49497 00-20591 Western Long Island Sound, NY; safety zone, 49497-49499 00-20590 Regattas and marine parades: Chesapeake Challenge, 49493-49495 00-20592 PROPOSED RULES Vessel documentation and management: Vessel ownership and financing; citizenship standards Correction, 49529-49530 00-20593 Commerce Commerce Department See Census Bureau See Export Administration Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Technology Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

China, 49547-49548 00-20597 Dominican Republic, 49548 00-20598 Community Community Development Financial Institutions Fund RULES Community Development Financial Institutions Program; implementation, 49641-49656 00-20267 NOTICES Grants and cooperative agreements; availability, etc.: Community Development Financial Institutions Program— Core Component, 49656-49660 00-20268 Intermediary Component, 49659-49664 00-20269 Defense Defense Department See Air Force Department See Army Department See Engineers Corps RULES Civilian health and medical program of uniformed services (CHAMPUS):

TRICARE program— Retiree Dental Program; retiree dental benefits enhancement, 49491-49493 00-20471 NOTICES Meetings: Wage Committee, 49548 00-20472 Drug Drug Enforcement Administration RULES Freight forwarding facilities for DEA distributing registrants Correction, 49483-49484 00-20469 Education Education Department NOTICES Privacy Act: Computer matching programs, 49555-49556 00-20599 Employment Employment and Training Administration NOTICES Labor exchange performance measurement system; comment request, 49707-49714 00-20544 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Secretary of Energy Advisory Board, 49556-49557 00-20562 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Hardee County, FL— Farmland Hydro LP Mine Project; dredge and fill permit application, 49553-49554 00-20570 IMC Phosphate Co.'s Mine Project; dredge and fill permit application, 49554-49555 00-20571 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: California, 49499-49501 00-20535 Pennsylvania, 49501-49503 00-20531 Superfund program:

National oil and hazardous substances contingency plan— National priorities list update, 49503-49505 00-20318 Water pollution; effluent guidelines for point source categories: Transportation equipment cleaning operations, 49665-49706 00-15841 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 49527 00-20532 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 49527-49529 00-20319 00-20426 Water supply:

National primary drinking water regulations— Long Term 1 Enhanced Surface Water Treatment and Filter Backwash Rule; correction, 49638-49639 C0-8155 NOTICES Pesticide, food, and feed additive petitions: Monsanto Co., 49563-49571 00-20539 Project XL (excellence and leadership) innovative technologies projects: Autoliv XL Project, UT, 49571 00-20537 Kodak Pollution Prevention Project, NY, 49571-49572 00-20536 Water pollution control: Great Lakes System; water quality guidance— Pennsylvania, 49573 00-20606 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Export Administration Bureau NOTICES Meetings:

Sensors and Instrumentation Technical Advisory Committee, 49536 00-20479 FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 49481-49483 00-20504 Restricted areas, 49483 00-20585 PROPOSED RULES Airworthiness directives: Raytheon, 49523-49524 00-20507 Airworthiness standards: Special conditions— Ayres Corp. model LM 200 “Loadmaster” airplane, 49513-49522 00-20584 NOTICES Advisory circulars; availability, etc.: Outdoor laser operations, 49624-49625 00-20586 Grants and cooperative agreements; availability, etc.:

Air traffic modernization projects, cost-sharing; pilot program, 49625-49630 00-20587 Meetings: RTCA, Inc., 49630 00-20589 Reports and guidance documents; availability, etc.: Nonmilitary helicopter noise effects on individuals in densely populated areas in Continental United States; report to Congress, 49630-49631 00-20588 FCC Federal Communications Commission PROPOSED RULES Radio services, special: Commercial mobile service providers; interconnection and resale obligations; denied, 49530 00-20522 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;

Sunshine Act, 49573 00-20608 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: California Power Exchange Corp. et al., 49558-49559 00-20509 Hydroelectric applications, 49559-49561 00-20485 00-20486 00-20487 Meetings: Natural gas transportation policies needed to facilitate development of competitive natural gas markets; dialog between industry and agency, 49561-49562 00-20266 *Applications, hearings, determinations:* Dominion Transmission, Inc., 49557-49558 00-20484 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Commercial motor vehicle, operator, and carrier safety improvement; long-term strategy and performance plan, 49631 00-20523 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 49573-49574 00-20494 Permissible nonbanking activities, 49574 00-20672 Fish Fish and Wildlife Service RULES Migratory bird permits: Falconry standards— Delaware, 49508-49509 00-20510 PROPOSED RULES Endangered and threatened species: Buena Vista Lake shrew, 49530-49531 00-20605 Meetings:

Gray wolf; proposal to reclassify and to establish special regulations, 49531-49532 00-20501 NOTICES Agency information collection activities: Submission for OMB review; comment request, 49588-49592 00-20508 Food Food and Drug Administration NOTICES Reports and guidance documents; availability, etc.: CLIA categorization; administrative procedures, 49582-49583 00-20464 Condoms; surveillance and detention without physical examination, 49585-49586 00-20463 Single-use devices reprocessed by third parties and hospitals; enforcement priorities, 49583-49585 00-20462 Food Food Safety and Inspection Service NOTICES Reports and guidance documents; availability, etc.:

In-distribution inspection activities and initiatives, 49534-49535 00-20548 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Florida Aso Corp.; adhesive bandages manufacturing facility, 49536 00-20558 Washington Matsushita Kotobuki Electronics Industries of America, Inc.; 9- and 13-inch TV/VCR combination units manufacturing and warehousing facilities, 49536-49537 00-20559 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Meetings:

Asian Americans and Pacific Islanders, President's Advisory Commission; White House Initiative, 49586 00-20465 Housing Housing and Urban Development Department RULES Public and Indian housing: Public housing agency plans; poverty deconcentration and public housing integration (“One America”), 49484-49485 00-20550 NOTICES Agency information collection activities: Proposed collection; comment request, 49587-49588 00-20492 Immigration Immigration and Naturalization Service NOTICES Meetings:

Immigration Matters District Advisory Council, 49597 00-20478 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service See Surface Mining Reclamation and Enforcement Office NOTICES Resource management plans, etc.: Milwaukee Field Office, WI, 49588 00-20397 International International Trade Administration NOTICES Antidumping: Sebacic acid from— China, 49537-49539 00-20561 Small diameter carbon and alloy seamless standard, line, and pressure pipe from— Czech Republic, 49539-49540 00-20557 Steel wire rope from— Korea, 49540-49542 00-20556 Countervailing duties:

Structural steel beams from— Korea, 49542 00-20560 International International Trade Commission NOTICES Import investigations: Silicon metal and silicomanganese from— Various countries, 49595-49596 00-20530 Structural steel beams from— Korea, 49595 00-20529 Synchronous dynamic random access memory devices, microprocessors, and products containing same, 49596-49597 00-20528 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Closure of public lands:

Montana Level 3 fire restrictions, 49715-49717 00-20761 Level 5 fire restrictions, 49715-49716 00-20760 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Well control and production safety training; lessee and contractor employees, 49485-49491 00-20352 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities: Proposed collection; comment request, 49599-49600 00-20527 National Highway National Highway Traffic Safety Administration RULES Insurer reporting requirements:

Insurers required to file reports; list, 49505-49507 00-20480 NOTICES Motor vehicle safety standards; exemption petitions, etc.: General Motors Corp., 49632-49633 00-20601 Utilimaster Corp., 49631-49632 00-20600 Reports and guidance documents; availability, etc.: Antilock brake systems for heavy trucks and rear impact guards for truck trailers; evaluation plans; review, 49633 00-20493 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 49586-49587 00-20388 Meetings:

National Cancer Institute; correction, 49587 00-20387 NOAA National Oceanic and Atmospheric Administration RULES Whaling provisions: Aboriginal subsistence whaling quotas, 49509-49510 00-20468 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 49542-49543 00-20467 New England Fishery Management Council, 49543-49544 00-20551 00-20552 North Pacific Fishery Management Council, 49544 00-20466 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Big Cypress National Preserve, FL: recreational off-road vehicle management plan, 49593 00-20520 Environmental statements; notice of intent: George Washington Boyhood Home, VA; special resource study, 49593 00-20519 Meetings: Concessions Management Advisory Board, 49593-49594 00-20518 National Register of Historic Places: Pending nominations, 49594-49595 00-20521 National Science National Science Foundation NOTICES Committees; establishment, renewal, termination, etc.: International Arctic Research Center Oversight Council, 49600 00-20526 Meetings:

Integrative Activities Special Emphasis Panel, 49600 00-20524 Small Business Industrial Innovation Special Emphasis Panel, 49600 00-20525 National Telecommunications National Telecommunications and Information Administration NOTICES Global Positioning System/ultrawideband measurement plan; comment request, 49544-49545 00-20595 Meetings: Technological tools and developments that can enhance consumer privacy online; workshop, 49545-49546 00-20596 Nuclear Nuclear Regulatory Commission NOTICES Reports and guidance documents; availability, etc.:

Materials licenses, consolidated guidance— Agreement State licensees; NRC Form 241, etc., 49615-49616 00-20576 *Applications, hearings, determinations, etc.:* Commonwealth Edison Co., 49600-49609 00-20572 00-20573 00-20574 00-20577 00-20578 00-20579 Entergy Operations, Inc., 49609-49610 00-20583 First Energy Operating Co., 49610-49611 00-20582 PECO Energy Co., 49611-49615 00-20575 00-20580 00-20581 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 49597-49598 00-20546 Meetings: Occupational Safety and Health National Advisory Committee, 49598-49599 00-20545 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents EXECUTIVE ORDERS Commissions, boards, committees, etc.: Drug Use in Sports, White House Task Force on; establishment (EO 13165), 49469-49470 00-20670 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Research Research and Special Programs Administration NOTICES Hazardous materials transportation:

Preemption determinations— Kiesel Co., 49633-49635 00-20482 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 49616 00-20656 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 49617-49621 00-20512 Philadelphia Stock Exchange, Inc., 49621-49622 00-20513 SBA Small Business Administration RULES Business loans: Unguaranteed portions of loans; securitization, sales, and pledges; correction, 49481 00-19339 PROPOSED RULES Small business investment companies:

Management-ownership diversity requirement to prohibit ownership of more than 70% of company by single investor or group, 49511-49513 00-20477 NOTICES Disaster loan areas: North Dakota, 49622 00-20476 Social Social Security Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 49622-49623 00-20470 State State Department NOTICES Art objects; importation for exhibition: Byzantine Art, 49623 00-20542 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions:

Maryland, 49524-49527 00-20549 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Union Pacific Railroad Co., 49636 00-20435 Technology Technology Administration NOTICES Committees; establishment, renewal, termination, etc.: National Medal of Technology Nomination Evaluation Committee, 49547 00-20496 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES United States-European Transatlantic Economic Partnership Act; implementation:

Services trade, 49623-49624 00-20547 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board NOTICES Agency information collection activities: Submission for OMB review; comment request, 49624 00-20603 Treasury Treasury Department See Community Development Financial Institutions Fund NOTICES Agency information collection activities:

Submission for OMB review; comment request, 49636-49637 00-20553 00-20554 Separate Parts In This Issue Part II Department of Treasury, Community Development Financial Institutions Fund, 49641-49664 00-20267 00-20268 00-20269 Part III Environmental Protection Agency, 49665-49706 00-15841 Part IV Department of Labor, Employment and Training Administration, 49707-49714 00-20544 Part V Department of Interior, Bureau of Land Management, 49715-49717 00-20760 00-20761 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. 65 157 Monday, August 14, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 Animal and Plant Health Inspection Service 7 CFR Part 371 [Docket No. 00-063-1] Plant Protection Act;

Delegation of Authority AGENCY: Office of the Secretary, USDA. ACTION: Final rule. SUMMARY: This document delegates the authority given to the Secretary of Agriculture under the Agricultural Risk Protection Act of 2000 to administer the Plant Protection Act. Authority is delegated from the Secretary of Agriculture to the Assistant Secretary for Marketing and Regulatory Programs (whose title has been changed to the Under Secretary for Marketing and Regulatory Programs); from that official to the Administrator of the Animal and Plant Health Inspection Service; and from the Administrator of the Animal and Plant Health Inspection Service to the Deputy Administrator for Plant Protection and Quarantine.

EFFECTIVE DATE: August 14, 2000. FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Howard, Chief, Regulatory Analysis and Development, PPD, APHIS, suite 3C63, 4700 River Road Unit 118, Riverdale, MD 20737-1238;

(301)734-5957. SUPPLEMENTARY INFORMATION: Title IV of the Agricultural Risk Protection Act of 2000 (Pub. L. 106-224), known as the Plant Protection Act, incorporates nine preexisting pest quarantine and exclusion statutes into a comprehensive law aimed at, among other things, augmenting the Secretary's authority to detect, control, and eradicate plant pests and noxious weeds. Section 434 of the Plant Protection Act authorizes the Secretary to issue such regulations and orders as he considers necessary to carry out this title. This rule delegates that authority from the Secretary of Agriculture to the Assistant Secretary for Marketing and Regulatory Programs (as noted previously, now entitled the Under Secretary for Marketing and Regulatory Programs); from that official to the Administrator of the Animal and Plant Health Inspection Service; and from the Administrator of the Animal and Plant Health Inspection Service to the Deputy Administrator for Plant Protection and Quarantine. We will further amend title 7 and amend title 9 of the *Code of Federal Regulations* in a future rulemaking action to add the Plant Protection Act to our lists of legal authorities and to make any other changes deemed necessary as a result of the enactment of this law. This rule relates to internal agency management. Therefore, this rule is exempt from the provisions of Executive Order 12866 and 12988. Moreover, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity for comment are not required for this rule, and it may be made effective less than 30 days after publication in the **Federal Register** . In addition, under 5 U.S.C. 804, this rule is not subject to congressional review under the Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. 104-121. Finally, this action is not a rule as defined by 5 U.S.C. 601 *et seq.* , the Regulatory Flexibility Act, and thus is exempt from the provisions of that Act. List of Subjects 7 CFR Part 2 Authority delegations (Government agencies). 7 CFR Part 371 Organization and functions (Government agencies). Accordingly, 7 CFR parts 2 and 371 are amended as follows: PART 2—DELEGATIONS OF AUTHORITY BY THE SECRETARY OF AGRICULTURE AND GENERAL OFFICERS OF THE DEPARTMENT 1. The authority citation for part 2 continues to read as follows: Authority: Sec. 212(a), Pub. L. 103-354, 108 Stat. 3210, 7 U.S.C. 6912(a)(1); 5 U.S.C. 301; Reorganization Plan No. 2 of 1953, 3 CFR 1949-1953 Comp., p. 1024. Subpart C—Delegations of Authority to the Deputy Secretary, the Under Secretaries and Assistant Secretaries 2. Section 2.22 is amended by adding a new paragraph (a)(2)(xlvi) to read as follows: § 2.22 Assistant Secretary for Marketing and Regulatory Programs.

(a)* * *

(2)* * *

(xlvi)Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772). Subpart N—Delegations of Authority by the Assistant Secretary for Marketing and Regulatory Programs 3. Section 2.80 is amended by adding a new paragraph (a)(51) to read as follows: § 2.80 Administrator, Animal and Plant Health Inspection Service.

(a)* * *

(51)Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772). PART 371—ORGANIZATION, FUNCTIONS, AND DELEGATIONS OF AUTHORITY 4. The authority citation for part 371 continues to read as follows: Authority: 5 U.S.C. 301. 5. Section 371.3 is amended by adding a new paragraph (b)(2)(xv) to read as follows: § 371.3 Plant Protection and Quarantine.

(b)* * *

(2)* * *

(xv)Plant Protection Act (Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772). For Part 2, Subpart C: Dated: August 8, 2000. Dan Glickman, Secretary of Agriculture. P For Part 2, Subpart N: Dated: July 20, 2000. Michael V. Dunn, Under Secretary for Marketing and Regulatory Programs. For Part 371: Dated: July 17, 2000. Craig A. Reed, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 00-20611 Filed 8-11-00; 8:45 am]

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