Unknown. Final rule

3,450 words·~16 min read·/register/2000/12/08/00-31296

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-12-08.xml --- 65 237 Friday, December 8, 2000 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council AID Agency for International Development NOTICES Nondiscrimination on basis of sex in federally assisted education programs or activities; Federal financial assistance covered by Title IX, 76983-76984 00-31257 Agriculture Agriculture Department See Natural Resources Conservation Service See Rural Utilities Service Army Army Department See Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Laminated textile substrate for body heating or cooling garment, manufacturing method, etc.; correction, 77001-77002 00-31326 Method and apparatus for making body heating and cooling garments, 77002 00-31325 Privacy Act: Systems of records, 77002-77014 00-31243 00-31244 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 77032-77034 00-31312 00-31315 Submission for OMB review; comment request, 77034-77035 00-31314 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 76935-76937 00-31095 PROPOSED RULES Drawbridge operations: Florida, 76956-76957 00-31047 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 00-31320 76985-76986 00-31321 Procurement list; additions and deletions; correction, 76986 00-31322 Defense Defense Department See Army Department See Engineers Corps NOTICES Agency information collection activities:

Submission for OMB review; comment request, 76989-76990 00-31238 00-31239 00-31240 Civilian health and medical program of uniformed services (CHAMPUS): DRG-based payment system (2001 FY)— Medical and dental reimbursement rates, 76990-76998 00-31242 Courts-Martial Manual; amendments, 76998-76999 00-31247 Meetings: Science Board, 76999 00-31241 Privacy Act: Systems of records, 76999-77001 00-31246 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 77041-77043 00-31019 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office RULES Energy conservation:

Weatherization assistance program for low-income persons, 77209-77219 00-31158 Engineers Engineers Corps NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Method and system for treating waste nitrocellulose, etc., 77014-77017 00-31327 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Aerospace manufacturing and rework facilities, 76941-76945 00-31331 Air quality implementation plans; approval and promulgation; various States:

Alabama, 76938-76941 00-30635 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 76945-76947 00-31191 PROPOSED RULES Air pollutants, hazardous; national emission standards: Polyvinyl chloride and copolymers production, 76958-76965 00-31332 Air quality implementation plans; approval and promulgation; various States: Alabama, 76958 00-30636 Superrfund program: National oil and hazardous substances contingency plan— National priorities list update, 76965-76966 00-31192 NOTICES Agency information collection activities:

Proposed collection; comment request, 77022-77024 00-31335 Air pollution control: Citizens suits; proposed settlements— Sierra Club et al., 77024-77025 00-31334 Air programs: Ambient air quality standards, national— Sulfur oxides remand, 77025 00-31333 Environmental statements; availability, etc.: Agency statements— Comment availability, 77026 00-31350 Weekly receipts, 77025-77026 00-31349 Reports and guidance documents; availability, etc.: Hexachlorobenzene; national action plan; comment request, 77026-77028 00-31336 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives:

Empresa Brasileira de Aeronautica S.A., 76950-76953 00-31318 Eurocopter France, 76953-76954 00-31319 NOTICES Aeronautical land-use assurance; waivers: Lebanon Municipal Airport, NH, 77061-77062 00-31300 Exemption petitions; summary and disposition, 00-31301 77062-77063 00-31302 00-31303 00-31304 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Virginia, 76947-76948 00-30972 Radio and television broadcasting: Broadcast and cable EEO rules and policies Clarification, 76948-76949 00-31308 PROPOSED RULES Radio services; special:

Maritime services— Automated Maritime Telecommunications Systems and high seas public coast stations, 76966-76968 00-31309 NOTICES Common carrier services: Service areas; definition— Frontier Communications of Minnesota, Inc., 77028-77029 00-31351 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Federal land-use fees; update, 76916-76924 00-31277 NOTICES Electric rate and corporate regulation filings: Geyers Power Co., LLC, et al., 77018-77019 00-31278 Environmental statements; notice of intent:

Florida Gas Transmission Co., 77019-77021 00-31280 Hydroelectric applications, 77021-77022 00-31281 *Applications, hearings, determinations, etc.:* Florida Power Corp., 77017 00-31279 Transwestern Pipeline Co.; correction, 77074 C0-30351 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Interstate 69 (transcontinental highway corridor from U.S./Canadian border to U.S./Mexican border); status information, 77064-77066 00-31145 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards:

Driver qualifications— Adams, Henry Wayne, et al.; vision requirement exemptions, 77066-77069 00-31347 Loughary, Bruce, T., et al.; vision requirement exemptions renewed, 77069-77070 00-31348 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 77029-77030 00-31323 Permissible nonbanking activities, 77030 00-31282 Meetings; Sunshine Act, 77030-77031 00-31439 00-31440 FTC Federal Trade Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 77031-77032 00-31337 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— San Bernardino kangaroo rat, 77177-77208 00-31175 NOTICES Comprehensive conservation plans; availability, etc.: Grand Kankakee Marsh National Wildlife Refuge, IN and IL, 77037-77038 00-31284 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Animal Drug Availability Act; veterinary feed directive implementation, 76924-76930 00-31151 Moxidectin, 76930 00-31248 Medical devices:

Gastroenterology and urology devices— Barium enema retention catheters and tips with or without bag, 76930-76932 00-31292 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration Health Health Care Financing Administration NOTICES Agency information collection activities: Proposed collection; comment request, 77035 00-31256 Historic Historic Preservation, Advisory Council NOTICES Environmental statements; availability, etc.:

Revision regulations; no significant impact on human environment, 76983 00-31254 Housing Housing and Urban Development Department RULES Housing programs: Uniform physical condition standards and physical inspection requirements; insured and assisted properties assessment; administrative process, 77229-77244 00-31306 NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 77035-77037 00-30990 Immigration Immigration and Naturalization Service NOTICES Temporary protected status program designations:

Somalia; correction, 77074 C0-29546 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Coushatta Tribe, LA, 77038 00-31305 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office NOTICES Committees; establishment, renewal, termination, etc.: National Satellite Land Remote Sensing Data Archive Advisory Committee, 77037 00-31288 IRS Internal Revenue Service RULES Income taxes:

Income tax convention benefits; claims guidance Correction, 76932-76933 00-31255 International International Trade Administration NOTICES Countervailing duties: Stainless steel sheet and strip in coils from— Italy, 76986 00-31352 International International Trade Commission NOTICES Import investigations: Carbon steel products from— Various countries; correction, 77074 C0-30673 Justice Justice Department See Immigration and Naturalization Service NOTICES Pollution control; consent judgments:

Caribe General Electric Products, Inc., et al, 77040 00-31263 Dow Chemical Co., 77040-77041 00-31262 Turtle Mountain Manufacturing Co., 77041 00-31261 Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Meetings: Resource Advisory Councils— Western Montana, 77038 00-31260 Public land orders: Montana, 77038-77039 00-31258 Reports and guidance documents; availability, etc.: Off-highway vehicles, national strategy; comment request, 77039 00-31283 Withdrawal and reservation of lands:

Colorado, 77039-77040 00-31259 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Documents incorporated by reference; update API Specification 14A, Tenth Edition (subsurface safety valve equipment), 76933-76935 00-30694 NASA National Aeronautics and Space Administration NOTICES Committees; establishment, renewal, termination, etc.: Planetary Protection Advisory Committee, 77043 00-31286 National Archives National Archives and Records Administration NOTICES Electronic copies previously covered by General Records Schedule 20; records schedules availability and comment request, 77043-77044 00-31237 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities:

Submission for OMB review; comment request, 77045 00-31295 NOAA National Oceanic and Atmospheric Administration RULES Ocean and coastal resource management: Coastal Zone Management Act Federal consistency regulations, 77123-77175 00-31116 NOTICES Coastal zone management programs and estuarine sanctuaries: Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve— Permanent status; public hearing and comment request, 77221-77227 00-31167 Committees; establishment, renewal, termination, etc.:

Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve Council; request for representatives, 77226-77228 00-31168 Grants and cooperative agreements; availability, etc.: Coastal Ocean Program, 76986-76989 00-31328 National Science National Science Foundation NOTICES Meetings: Civil and Mechanical Systems Special Emphasis Panel, 00-31265 00-31266 77045-77046 00-31267 00-31268 Computing-Communications Research Special Emphasis Panel, 77046 00-31269 Design, Manufacture, and Industrial Innovation Special Emphasis Panel, 77046 00-31271 International Arctic Research Center Oversight Council, 77046 00-31270 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes:

Oregon, 76984 00-31338 Reports and guidance documents; availability, etc.: Comprehensive Nutrient Management Plans; development; technical guidance, 76984-76985 00-31264 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* El Paso Electric Co., 77047-77048 00-31294 Energy Department, 77048 00-31293 Postal Postal Service RULES International Mail Manual: Postal rates, fees, and mail classifications; changes, 77075-77121 00-30809 Public Public Debt Bureau NOTICES Agency information collection activities:

Proposed collection; comment request, 77072-77073 00-31285 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration Research Research and Special Programs Administration PROPOSED RULES Pipeline safety: Hazardous liquid transportation— Hazardous liquid and carbon dioxide pipelines; corrosion control standards, 76968-76982 00-31224 NOTICES Hazardous materials transportation: Preemption determinations— Applications status, 77070-77071 00-31250 RUS Rural Utilities Service RULES Seismic safety, 76915-76916 00-31296 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Exemption applications— Nations Fund Trust et al., 77050-77051 00-31274 Vision Group of Funds et al., 77051-77053 00-31275 Order applications— Elfun Trusts et al., 77053-77054 00-31273 Meetings; Sunshine Act, 77054-77055 00-31485 Securities: Suspension of trading— Net Tel International, Inc., 77055 00-31408 Self-regulatory organizations; proposed rule changes: Cincinnati Stock Exchange, Inc., 77055-77056 00-31297 International Securities Exchange LLC, 77056-77058 00-31298 Options Clearing Corp., 77058-77059 00-31276 Pacific Exchange, Inc.; correction, 77074 C0-29181 Philadelphia Stock Exchange, Inc., 77059-77061 00-31299 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 77048-77050 00-31272 Social Social Security Administration NOTICES Agency information collection activities:

Proposed collection and submission for OMB review; comment request, 77061 00-31307 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Pennsylvania, 76954-76956 00-31324 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Ohio Southern Railroad, Inc., 77071 00-31231 Railroad services abandonment: CSX Transportation, Inc., 77071-77072 00-30944 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Public Debt Bureau Veterans Veterans Affairs Department RULES Outer burial receptacles; monetary allowances, 76937-76938 00-31289 PROPOSED RULES Loan guaranty:

Advertising and solicitation requirements, 76957-76958 00-31291 NOTICES Outer burial receptacle; private purchase in lieu of government-furnished graveliner in VA national cemetery; monetary allowance, 77073 00-31290 Separate Parts In This Issue Part II Postal Service, 77075-77121 00-30809 Part III Department of Commerce, National Oceanic and Atmospheric Administration, 77123-77175 00-31116 Part IV Department of Interior, Fish and Wildlife Service, 77177-77208 00-31175 Part V Department of Energy, Energy Efficiency and Renewable Energy Office, 77209-77219 00-31158 Part VI Department of Commerce, National Oceanic and Atmospheric Administration, 77221-77228 00-31167 00-31168 Part VII Department of Housing and Urban Development, 77229-77244 00-31306 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. 65 237 Friday, December 8, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1792 RIN 0572-AB47 Seismic Safety AGENCY:

Rural Utilities Service, USDA. ACTION: Final rule. SUMMARY: The Rural Utilities Services

(RUS)is amending its regulation to update and simplify the requirements of the agency. This final rule provides RUS borrowers, grant recipients, Rural Telephone Bank

(RTB)borrowers and the public with updated rules for compliance with seismic safety requirements for new building construction using RUS or RTB loan, grant or guaranteed funds or funds provided through lien accommodations or subordinations approved by RUS or RTB. These revisions will identify model codes and standards found to provide a required level of seismic safety. EFFECTIVE DATE: December 8, 2000. FOR FURTHER INFORMATION CONTACT: Mr. Donald Heald, Structural Engineer, Transmission Branch, Electric Staff Division, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., STOP 1569, Washington, DC 20250-1569. Telephone:

(202)720-9102. Fax:

(202)720-7491. SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12372 This rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require consultation with state and local offices. See the final rule related notice entitled “Department Programs and Activities Excluded from Executive Order 12372” (50 FR 47034). Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988, Civil Justice Reform. RUS has determined that this rule meets the applicable standards provided in section 3 of the Executive Order. In addition, all State and local laws and regulations that are in conflict with this rule will be preempted; no retroactive effect will be given to this rule; and, in accordance with § 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)) administrative appeals procedure, if any are required, must be exhausted prior to initiating litigation against the Department or its agencies. Regulatory Flexibility Act Certification The Administrator of RUS has determined that this rule will not have significant impact on a substantial number of small entities defined in the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). The RUS and RTB loan programs provide borrowers with loans at interest rates and terms that are more favorable than those generally available from the private sector. Borrowers, as a result of obtaining federal financing, receive economic benefits that exceed any direct cost associated with RUS regulations and requirements. Information Collection and Recordkeeping Requirements The reporting and recordkeeping requirements contained in this rule has been approved by the Office of Management and Budget

(OMB)under OMB Control No. 0572-0099, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Send questions or comments regarding this burden or any other aspect of these collections of information, including suggestions for reducing the burden, to F. Lamont Heppe, Jr., Director, Program Development and Regulatory Analysis, Rural Utilities Service, USDA, 1400 Independence Ave., SW., Stop 1522, Washington, DC 20250-1522. National Environmental Policy Act Certification The Administrator of RUS has determined that this rule will not significantly affect the quality of the human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ). Therefore, this action does not require an environmental impact statement or assessment. Catalog of Federal Domestic Assistance The programs covered by this rule are listed in the Catalog of Federal Domestic Assistance programs under numbers 10.850, Rural Electrification Loans and Loan Guarantees; 10.851, Rural Telephone Loans and Loan Guarantees; 10.852, Rural Telephone Bank Loans; 10.760, Water and Waste Disposal System for Rural Communities; 10.764, Resource Conservation Development Loans, and 10.765, Watershed Protection and Flood Prevention Loans. This catalog is available on a subscription basis from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402-9325. Telephone:

(202)512-1800. Unfunded Mandates This rule contains no Federal mandates (under the regulatory provision of Title II of the Unfunded Mandates Reform Act) for State, local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of sections 202 and 205 of the Unfunded Mandates Reform Act. Background RUS requires borrowers and grant recipients to meet applicable requirements mandated by Federal statutes and regulations to obtain RUS financing. One such requirement is compliance with building safety provisions of the Earthquake Hazards Reduction Act of 1977, (42 U.S.C. 7701 *et seq.* ) as implemented pursuant to Executive Order 12699, Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction (3 CFR, 1990 Comp., pg. 269). Subpart C of this part codifies the policies and requirements that RUS and RTB borrowers and grant recipients must meet for new building construction when using funds provided or guaranteed by RUS or RTB (or when obtained through a lien accommodation or subordination approved by RUS or RTB). The Executive Order requires all Federal agencies to ensure that any new building which is leased for federal users or purchased or constructed with federal assistance is designed and constructed in accordance with appropriate seismic design standards. Those standards must be equivalent to or exceed the seismic safety levels in the National Earthquake Hazards Reduction Program (NEHRP) recommended provisions for the development of seismic regulations for new buildings. The Executive Order charges the Interagency Committee on Seismic Safety in Construction (ICSSC) with recommending appropriate and cost-effective seismic design, construction standards and practices. The ICSSC has identified several model codes and standards that provide an acceptable level of seismic safety. The existing regulation in this subpart is revised to identify new model codes or standards which are equivalent to the 1994 NEHRP Recommended Provisions for the Development of Seismic Regulations for New Buildings. A proposed rule was published May 26, 2000, at 65 FR 34125, with the comment period ending July 25, 2000. No comments were received in response to the proposed rule. List of Subjects in 7 CFR Part 1792 Buildings and facilities, Electric power, Grant programs, Loan programs, Reporting and recordkeeping requirements, Rural area, Seismic safety, Telephone. For reasons contained in the preamble, chapter XVII of title 7 of the Code of Federal Regulations is amended to read as follows: PART 1792—COMPLIANCE WITH OTHER FEDERAL STATUTES, REGULATIONS, AND EXECUTIVE ORDERS 1. The authority citation for this part is revised to read as follows: Authority: 7 U.S.C. 901 *et seq.* , 1921 *et seq.* , 6941 *et seq.* , and 42 U.S.C. 7701 *et seq.* Subpart C—Seismic Safety 2. Section 1792.101 is amended by revising paragraph

(b)and removing paragraphs (c), (d), and (e), to read as follows: § 1792.101 General.

(b)This subpart identifies acceptable seismic standards which must be employed in new building construction funded by loans, grants, or guarantees made by the Rural Utilities Service

(RUS)or the Rural Telephone Bank

(RTB)(or through lien accommodations or subordinations approved by RUS or RTB). 3. Section 1792.102 is amended by revising the definitions for “RUS” and “Seismic,” removing “REA,” and adding the definition of “Model Code” to read as follows: § 1792.102 Definitions. *Model Code* —A building code developed for the adoption of local or state authorities or to be used as the basis of a local or state building code. *RUS* —Rural Utilities Service, and for the purposes of this subpart, shall include the Rural Telephone Bank. For the purposes of RTB borrowers, as used in this subpart, RUS means RTB and Administrator means Governor. *Seismic* —Related to or caused by earthquakes. 4. Sections 1792.103 and 1792.104 are revised to read as follows: § 1792.103 Seismic design and construction standards for new buildings.

(a)In the design and construction of federally assisted buildings, the borrowers and grant recipients must utilize the seismic provisions of the most recent edition of those standards and practices that are substantially equivalent to or exceed the seismic safety level in the most recent or immediately preceding edition of the NEHRP Recommended Provisions for the Development of Seismic Regulation for New Buildings.

(b)Each of the following model codes or standards has been found to provide a level of seismic safety substantially equivalent to that provided by the use of the 1994 NEHRP Recommended Provisions and appropriate for federally assisted new building construction:

(1)1997 International Conference of Building Officials

(ICBO)Uniform Building Code. Copies are available from ICBO, Austin Regional Office, 9300 Jollyville Road, Suite 101, Austin, Texas 78759-7455.

(2)1995 American Society of Civil Engineers

(ASCE)7, *Minimum Design Loads for Buildings and Other Structures.* Copies are available from ASCE, 345 East 47th Street, New York, New York 10017-2398.

(c)The NEHRP Recommended Provisions for the Development of Seismic Regulations for New Buildings is available from the Office of Earthquakes and Natural Hazards, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472. § 1792.104 Seismic acknowledgments. For each applicable building, borrowers and grant recipients must provide RUS a written acknowledgment from a registered architect or engineer responsible for the design stating that seismic provisions pursuant to § 1792.103(b) will be used in the design of the building. This acknowledgement will include the identification and date of the model code or standard that is used for the seismic design of the seismic design of the building project and the seismic factor for the building location. Dated: December 1, 2000. Jill Long Thompson, Under Secretary, Rural Development. [FR Doc. 00-31296 Filed 12-7-00; 8:45 am]

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