Unknown. Final rule

2,938 words·~13 min read·/register/2000/09/11/00-23227·

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-09-11.xml --- 65 176 Monday, September 11, 2000 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Technical Review Committee, 54853 00-23193 AID Agency for International Development RULES Voluntary Foreign Aid; registration, 54790-54791 00-23167 Agricultural Agricultural Marketing Service PROPOSED RULES Olives grown in— California, 54818-54820 00-23348 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service RULES Plant related quarantine, domestic:

Mediterranean fruit fly, 54741-54742 00-23227 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-23203 54853-54855 00-23204 Coast Guard Coast Guard RULES Drawbridge operations: Louisiana, 54795 00-23262 New Jersey, 54795 00-23260 Ports and waterways safety: Sanibel, FL; regulated navigational area, 54797-54798 00-23257 San Juan Harbor, PR; safety zone, 54795-54797 00-23259 NOTICES Agency information collection activities:

Proposed collection; comment request, 54880-54881 00-23258 Submission for OMB review; comment request, 54881 00-23261 Commerce Commerce Department See Export Administration Bureau See International Trade Administration See National Oceanic and Atmospheric Administration PROPOSED RULES Inventions made by nonprofit organizations and small business firms under Government grants, contracts, and cooperative agreements; rights: Government-owned and -operated laboratories; alternate patent rights clause, 54826-54828 00-23080 Defense Defense Department PROPOSED RULES Federal Acquisition Regulation (FAR):

Applied research and development; definitions, 54939-54941 00-23120 Balance of Payments Program; revisions, 54935-54940 00-23119 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 54843 00-23200 Grants and cooperative agreements; availability, etc.: Postsecondary education— Graduate Assistance in Areas of National Need Program, 54844-54845 00-23219 Jacob K. Javits Fellowship Program, 54843-54844 00-23218 Special education and rehabilitative services— Children with disabilities programs; services and results improvement; correction, 54933-54934 00-23191 Employment Employment and Training Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 54863-54864 00-23235 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Los Alamos National Laboratory, NM, 54845-54846 00-23232 Pantex Plant, TX, 54845 00-23231 Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings: Appliance Energy Efficiency Standards Advisory Committee, 54846 00-23233 EPA Environmental Protection Agency PROPOSED RULES Air programs:

Ambient air quality standards, national— Northern Ada County/Boise, ID; PM-10 standards nonapplicability finding rescinded, 54828 00-23236 Air quality implementation plans; approval and promulgation; various States: California, 54828-54832 00-22976 NOTICES Meetings: Gulf of Mexico Program

(GMP)Citizens Advisory Committee, 54847 00-23241 Gulf of Mexico Program

(GMP)Management Committee, 54847-54848 00-23242 Mississippi River/Gulf of Mexico Watershed Nutrient Task Force, 54848 00-23240 National Environmental Justice Advisory Council, 54848 00-23349 Pesticide registration, cancellation, etc.: Ironwood Clay Co., Inc., et al., 54848-54850 00-23244 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Novartis Crop Protection, Inc., 54850-54851 00-23246 Superfund; response and remedial actions, proposed settlements, etc.: Old City of York Landfill Superfund Site, PA, 54851 00-23238 Export Export Administration Bureau NOTICES Export privileges, actions affecting: Lee, Peter H., 54835-54836 00-23169 Malloy, Daniel A., 54836-54837 00-23170 Pitts, Earl Edwin, 54837-54838 00-23168 Export Export-Import Bank NOTICES Meetings: Export-Import Bank Advisory Committee, 54852 00-23165 Farm Farm Credit Administration RULES Farm credit system: Standards of conduct and loan policies and operations, 54742 00-23268 FAA Federal Aviation Administration RULES Airworthiness directives: Kaman, 54743-54744 00-23207 IFR altitudes, 54744-54747 00-23186 PROPOSED RULES Airworthiness directives: Bell Helicopter Textron Canada, 54887-54890 00-22611 Eurocopter France, 54823-54824 00-23210 SOCATA-Groupe AEROSPATIALE, 54820-54822 00-23209 Class E airspace, 00-23265 54824-54826 00-23266 NOTICES Exemption petitions; summary and disposition, 54882-54883 00-23183 00-23184 Flying Cloud Airport, NM; Stage 2 and 3 operations restrictions, 54883-54884 00-23179 Meetings: Commercial Space Transportation Advisory Committee, 54884 00-23173 RTCA, Inc., 00-23180 54884-54885 00-23181 00-23182 FCC Federal Communications Commission RULES Common carrier services: International common carriers; biennial regulatory review Cable landing licenses; correction, 54799 00-23155 Telecommunications relay services; 711 dialing for nationwide access, 54799-54804 00-23156 Digital television stations; table of assignments: Oregon, 54805 00-23270 Virginia, 54804-54805 00-23271 Television broadcasting: Video programming; video description for individuals with visuals disabilities; implementation, 54805-54813 00-23154 PROPOSED RULES Digital television stations; table of assignments: California, 54832-54833 00-23269 Minnesota, 54832 00-23272 Radio stations; table of assignments: Missouri and Vermont, 54833 00-23211 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Dominion Transmission, Inc., 54846-54847 00-23214 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 54852 00-23159 Meetings: Federal Open Market Committee, 54852 00-23213 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— California red-legged frog, 54891-54932 00-22860 Food Food and Drug Administration NOTICES Food additive petitions: Alcide Corp., 54855 00-23161 00-23162 Meetings: Food Advisory Committee, 54856 00-23163 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Applied research and development; definitions, 54939-54941 00-23120 Balance of Payments Program; revisions, 54935-54940 00-23119 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration NOTICES Scientific misconduct findings; administrative actions: Simmons, William A., 54852-54853 00-23215 Health Health Care Financing Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-23221 00-23222 00-23223 54856-54858 00-23224 Housing Housing and Urban Development Department NOTICES Lead-based paint hazards in federally owned residential property and housing; notification, evaluation and reduction requirements, 54858-54859 00-23188 Immigration Immigration and Naturalization Service NOTICES Environmental statements; notice of intent: Frio County et al., TX; detention facility construction, 54862 00-23228 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Chitimacha Tribe, LA, 54859-54860 00-23229 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping: Oil country tubular goods from— Japan, 54838-54840 00-23255 Stainless steel bar from— India, 54840-54841 00-23254 Stainless steel sheet and strip in coils from— Japan, 54841-54842 00-23256 Justice Justice Department See Immigration and Naturalization Service See National Institute of Justice NOTICES Agency information collection activities: Proposed collection; comment request, 54861-54862 00-23189 Labor Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Recreation management restrictions, etc.: Natrona County, WY; emergency motor vehicle closure, 54860 00-23317 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Property reporting requirements, 54813-54816 00-23005 PROPOSED RULES Federal Acquisition Regulation (FAR): Applied research and development; defintions, 54939-54941 00-23120 Balance of Payments Program; revisions, 54935-54940 00-23119 NOTICES Meetings: Advisory Council International Space Station Operational Readiness Task Force, 54864 00-23166 Aero-Space Technology Advisory Committee, 54864 00-23230 National National Council on Disability NOTICES Meetings: International Watch Advisory Committee, 54864-54865 00-23160 National Institute National Institute of Justice NOTICES Environmental statements; availability, etc.: Crime Laboratory Improvement Program, 54862-54863 00-23164 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific mackerel, 54817 00-23253 PROPOSED RULES Fishery conservation and management: Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permits, 54833-54834 00-23285 NOTICES Meetings: Pacific Fishery Management Council, 54842-54843 00-23252 National Park National Park Service NOTICES Meetings: Jamestown; 400th anniversary, 54860-54861 00-23220 Nuclear Nuclear Regulatory Commission NOTICES Organization, functions, and authority delegations: Local public document room location and establishment— Headquarters, White Flint Complex, Rockville, MD, 54865 00-23249 Overseas Overseas Private Investment Corporation NOTICES Agency information collection activities: Proposed collection; comment request, 54861 00-23190 Public Public Health Service See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Food and Drug Administration Railroad Railroad Retirement Board NOTICES Agency information collection activities: Submission for OMB review; comment request, 54865-54866 00-23225 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 54866 00-23216 Meetings; Sunshine Act, 54878-54879 00-23339 *Applications, hearings, determinations, etc.:* Brazos Insurance Funds, 54866-54872 00-23171 Public utility holding company filings, 54872-54878 00-23172 Social Social Security Administration RULES Supplemental security income: Aged, blind, and disabled— Disability determination for children under age 18, 54747-54790 00-22753 NOTICES Social security acquiescence rulings: Curry v. Apfel; burden of proving residual functional capacity at step five of sequential evaluation process for determining disability, 54879-54880 00-23217 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: New Mexico, 54791-54795 00-23234 Transportation Transportation Department See Coast Guard See Federal Aviation Administration Veterans Veterans Affairs Department RULES National Service Life Insurance and Veterans Special Life Insurance: Term-capped policies; cash value, 54798-54799 00-23201 NOTICES Meetings: Geriatrics and Gerontology Advisory Committee, 54885 00-23202 Separate Parts In This Issue Part II Department of Transportation, Federal Aviation Administration, 54887-54890 00-22611 Part III Department of Interior, Fish and Wildlife Service, 54891-54932 00-22860 Part IV Department of Education, Office of Special Education and Rehabilitative Services, 54933-54934 00-23191 Part V Department of Defense, General Services Administration, National Aeronautics and Space Administration, 00-23119 54935-54941 00-23120 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. 65 176 Monday, September 11, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 97-056-18] Mediterranean Fruit Fly; Quarantined Areas, Regulated Articles, Treatments AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are adopting as a final rule, with minor, nonsubstantive changes, interim rules that amended the Mediterranean fruit fly regulations. In a series of interim rules published in the **Federal Register** between June 1997 and October 1998, we amended the Mediterranean fruit fly regulations by establishing and removing quarantined areas in the State of Florida. Two of the interim rules also added a regulated article; added the use of irradiation as a treatment for berries, fruits, nuts, and vegetables that are regulated articles; and added a definition for core area. These actions were necessary on an emergency basis to prevent the spread of the Mediterranean fruit fly into noninfested areas of the continental United States, and to provide an additional option for qualifying regulated articles for movement from quarantined areas. EFFECTIVE DATE: September 11, 2000. FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, 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 Mediterranean fruit fly, *Ceratitis capitata* (Wiedemann), is one of the world's most destructive pests of numerous fruits and vegetables. The Mediterranean fruit fly (Medfly) can cause serious economic losses. Heavy infestations can cause complete loss of crops, and losses of 25 to 50 percent are not uncommon. The short life cycle of this pest permits the rapid development of serious outbreaks. Regulations to prevent the interstate spread of the Medfly from infested areas of the United States are contained in 7 CFR 301.78 through 301.78-10, referred to below as the regulations. In an interim rule effective June 16, 1997, and published in the **Federal Register** on June 20, 1997 (62 FR 33537-33539, Docket No. 97-056-2), we quarantined Hillsborough County, FL, because of an infestation of the Medfly. Subsequently, we published a series of interim rules that added to or removed from the list of quarantined areas certain portions of Dade, Highlands, Hillsborough, Lake, Manatee, Marion, Orange, Polk, and Sarasota Counties, FL; added eggplant, other than commercially produced eggplant, to the list of regulated articles; provided for the use of irradiation as a treatment for berries, fruits, nuts, and vegetables; and added a definition for *core area.* These interim rules were made effective on July 3, 1997 (62 FR 36976-36978, Docket No. 97-056-3), August 7, 1997 (62 FR 43269-43272, Docket No. 97-056-4), September 4, 1997 (62 FR 47553-47558, Docket No. 97-056-5), October 15, 1997 (62 FR 54571-54572, Docket No. 97-056-7), November 14, 1997 (62 FR 61897-61898, Docket No. 97-056-8), April 17, 1998 (63 FR 19797-19798, Docket No. 97-056-9 and 63 FR 20053-20054, Docket No. 98-046-1), May 5, 1998 (63 FR 25748-25750, Docket No.97-056-11), May 13, 1998 (63 FR 27439-27440, Docket No. 97-056-12), June 5, 1998 (63 FR 31887-31888, Docket No. 97-056-13), August 7, 1998 (63 FR 43287-43289, Docket No. 97-056-14), August 13, 1998 (63 FR 44538-44539, Docket No. 97-056-15), August 24, 1998 (63 FR 45392-45393, Docket No. 97-056-16), and October 2, 1998 (63 FR 54037-54038, Docket No. 97-056-17). Comments on these interim rules were required to be received on or before 60 days after the date of publication in the **Federal Register** . We received comments on only one of the interim rules. In that interim rule, which was effective September 4, 1997, and published in the **Federal Register** on September 10, 1997 (62 FR 47553-47558, Docket No. 97-056-5), we amended the regulations by, among other things, providing for the use of irradiation as a treatment for berries, fruits, nuts, and vegetables that are regulated articles. This change provided an additional option for qualifying those regulated articles for interstate movement from quarantined areas. We received three comments on this rule. They were from government agencies and an association. They are discussed below. Two of the commenters said that in § 301.78-10(c)(5)(ii) we should use the term “dosimetry system” rather than the word “dosimeter” in explaining how an absorbed dose should be measured when using irradiation treatment on berries, fruits, nuts, and vegetables. We agree with the commenters. It is the system that is used for the measurement of irradiation; the dosimeter is only a part of the dosimetry system. We are making this change in this final rule. One commenter suggested that we reword our reference in § 301.78-10(c)(5)(iii) to American Society for Testing and Materials

(ASTM)standards. The interim rule stated that the number and placement of dosimeters used must be in accordance with ASTM standards. This statement is correct, but it suggests that other important aspects of the dosimeter, such as calibration, do not need to follow these standards. We are correcting that language in this final rule. Another commenter pointed out an incorrect address. In § 301.78-10, footnote 10, we stated that if there is a question as to the adequacy of the construction of a carton for shipping fruits and vegetables, requests for approval of the carton, along with a sample of the carton, could be sent to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Phytosanitary Issues Management Team, 4700 River Road Unit 140, Riverdale, Maryland 20737-1236. This address is incorrect. Requests should be sent to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Oxford Plant Protection Center, 901 Hillsboro Street, Oxford, NC 27565. We are correcting the address in this final rule. Therefore, for the reasons given in the interim rules and in this document, we are adopting the interim rules as final, with the changes discussed in this document. This final rule also affirms the information contained in the interim rules concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act. Further, for this action, the Office of Management and Budget has waived the review process required by Executive Order 12866. *Effective Date:* Pursuant to the administrative procedure provisions in 5 U.S.C. 553, we find good cause for making this rule effective less than 30 days after publication in the **Federal Register** . This rule makes minor, nonsubstantive changes to the regulations. They are necessary to clarify requirements concerning the use of irradiation treatment on berries, fruits, nuts, and vegetables that are regulated because of the Medfly and to correct an address. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon publication in the **Federal Register** . List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, the interim rules amending 7 CFR part 301 that were published at 62 FR 33537-33539 on June 20, 1997; 62 FR 36976-36978 on July 10, 1997; 62 FR 43269-43272 on August 13, 1997; 62 FR 47553-47558 on September 10, 1997; 62 FR 54571-54572 on October 21, 1997; 62 FR 61897-61898 on November 20, 1997; 63 FR 19797-19798 on April 22, 1998; 63 FR 20053-20054 on April 23, 1998; 63 FR 25748-25750 on May 11, 1998; 63 FR 27439-27440 on May 19, 1998; 63 FR 31887-31888 on June 11, 1998; 63 FR 43287-43289 on August 13, 1998; 63 FR 44538-44539 on August 20, 1998; 63 FR 45392-45393 on August 26, 1998; and 63 FR 54037-54038 on October 8, 1998, are adopted as final with the following changes: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 7701-7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3. 2. Section 301.78-10 is amended as follows: a. In paragraph (c)(3)(i), by revising footnote 10 to read “ 10 If there is a question as to the adequacy of a carton, send a request for approval of the carton, together with a sample carton, to the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, Oxford Plant Protection Center, 901 Hillsboro Street, Oxford, NC 27565.” b. By revising paragraphs (c)(5)(ii) and (c)(5)(iii). § 301.78-10 Treatments.

(c)* * *

(5)* * *

(ii)Absorbed dose must be measured using a dosimetry system that can accurately measure an adsorbed dose of 225 Gray (22.5 krad).

(iii)The utilization of the dosimetry system, including its calibration and the number and placement of dosimeters used, must be in accordance with the American Society for Testing and Materials

(ASTM)standards. 12 12 Designation E 1261, “Standard Guide for Selection and Calibration of Dosimetry Systems for Radiation Processing,” American Society for Testing and Materials, Annual Book of ASTM Standards. Done in Washington, DC, this 5th day of September 2000. Bobby R. Acord, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 00-23227 Filed 9-8-00; 8:45 am]

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