Unknown. Final rule

2,860 words·~13 min read·/register/2000/12/29/00-32405

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-12-29.xml --- 65 251 Friday, December 29, 2000 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Food and Nutrition Service RULES Organization, functions, and authority delegations: Delegations of authority revision, 82891-82892 00-32405 Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Beef, fresh, chilled, or frozen from Argentina, certification; foot-and-mouth disease, 82894-82896 00-33400 Antitrust Antitrust Division NOTICES National cooperative research notifications: Southwest Research Institute, 83095-83096 00-33251 Wireless Application Protocol Forum, Ltd., 83096-83098 00-33252 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 RULES Medicare, Medicaid, and Clinical Laboratory Improvement Amendments

(CLIA)programs: Clinical laboratory requirements; effective dates extended, 82941-82944 00-33288 Commerce Commerce Department See Economic Development 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, 00-33360 82974-82975 00-33361 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Taiwan, 82978-82980 00-33362 Commodity Commodity Credit Corporation RULES Loan and purchase operations: Livestock Indemnity Program for Contract Growers, 82892-82894 00-33382 Corporation Corporation for National and Community Service NOTICES Grants and cooperative agreements; availability, etc.: AmeriCorps* programs— Service-related activities support of former members, 82980-82981 00-33275 Defense Defense Department PROPOSED RULES Federal Acquisition Regulation (FAR): Commercial item acquisitions; contract types, 83291-83293 00-33153 NOTICES Agency information collection activities: Proposed collection; comment request, 82981-82983 00-33278 00-33279 00-33280 Environmental statements; availability, etc.: National Missile Defense Deployment, 82983 00-33281 Meetings: Defense Wage Committee, 82984 00-33283 Threat Reduction Advisory Committee, 82984 00-33282 United States Commission on National Security/21st Century, 82984 00-33284 Economic Economic Development Administration NOTICES Trade adjustment assistance; eligibility determination petitions: Piller Plastics et al., 82975-82976 00-33330 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 82984-82985 00-33266 00-33267 Special education and rehabilitative services: Correspondence; quarterly list, 83217-83219 00-33131 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 83099-83100 00-32975 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Waste management programs— Transuranic

(TRU)radioactive waste treatment and storage, 82985-82988 00-33308 Ferderal Power Act: Emergency orders— California; electric energy shortage, 82989-82991 00-33310 Meetings: Secretary of Energy Advisory Board, 82991-82992 00-33309 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: 2,4-D, etc., 82937-82941 00-33292 Fludioxonil, 82927-82937 00-33168 NOTICES Agency information collection activities: Proposed collection; comment request, 83004-83005 00-33357 Submission for OMB review; comment request, 83005-83010 00-33352 00-33353 00-33354 00-33355 00-33358 00-33359 Environmental statements; availability, etc.: Agency statements— Comment availability, 83011 00-33368 Weekly receipts, 83010-83011 00-33367 Meetings: Fenthion; risks and risk mitigation; stakeholders, 83011-83012 00-33013 Science Advisory Board, 83012-83013 00-33305 Pesticide programs: Organophosphates; risk assessments and public participation in risk management— Fenthion, 83013-83014 00-33014 Superfund; response and remedial actions, proposed settlements, etc.: ILCO Site, GA, 83014-83015 00-33356 Superfund program: Federal Agency Hazardous Waste Compliance Docket; Federal facilities; list update, 83221-83246 00-33163 Water supply: Stage 2 Microbial and Disinfection Byproducts Federal Advisory Committee Agreement in Principle; availability, 83015-83024 00-33306 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Agusta S.p.A., 82903-82905 00-33335 Boeing, 82898-82903 00-33017 00-33018 Augusta S.p.A., 82896-82898 00-32551 PROPOSED RULES Airworthiness directives: Boeing, 82957-82961 00-33343 00-33344 Cessna Aircraft Co., 82954-82957 00-33230 NOTICES Antidrug and alcohol misues prevention programs for personnel engaged in specified aviation activities: Random alcohol and drug testing; minimum annual percentage rate; correction, 83127 00-32970 FCC Federal Communications Commission NOTICES Common carrier services: Wireless telecommunications services— 700 MHz guard bands; licenses auction; filing requirements, 83024-83035 00-33346 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Natural Gas Policy Act: Interstate natural gas pipelines— Business practice standards, 82961-82963 00-33324 NOTICES Electric rate and corporate regulation filings: Morgantown OL1 LLC, et al., 82996-82999 00-33314 STI Capital Co. et al., 82999-83004 00-33315 Environmental statements; availability, etc.: Rochester Gas & Electric Corp., 83004 00-33329 *Applications, hearings, determinations, etc.:* Aquamac Corp., 82992 00-33325 Calumet Energy Team, LLC, 82992 00-33318 Central Hudson Gas & Electric Corp., 82993 00-33327 Central Hudson Gas & Electric Corp. et al., 82992-82993 00-33326 Consumers Energy Co. et al., 82993-82994 00-33328 Dominion Energy Marketing, Inc., 82994 00-33319 Miami Valley Lighting, Inc., 82994 00-33316 Midwest Independent Transmission System Operator, 82994-82995 00-33320 Montana Power Co. et al., 82995 00-33322 Natural Gas Pipeline Co. of America, 82995 00-33321 Natural Gas Trading Corp., 82996 00-33317 San Diego Gas & Electric Co. et al., 82996 00-33323 Federal Highway Federal Highway Administration RULES Right-of-way and environment: Mitigation of impacts to wetlands and natural habitat, 82913-82926 00-33194 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Union Pacific Railroad Co., 83127 00-33364 FTC Federal Trade Commission NOTICES Prohibited trade practices: El Paso Energy Corp., et al., 83035-83038 00-33259 FMC Corp. and Asahi Chemical Industry Co., Ltd., et al., 83038-83039 00-33258 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Various plants from Molokai, HI, 83157-83216 00-31079 NOTICES Environmental statements; availability, etc.: Incidental take permits— Crenshaw and Covington Counties, AL; Red hills salamander, 83074-83076 00-33331 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Decoquinate and Monensin, 82912-82913 00-33217 NOTICES Food for human consumption: Identity standards deviation; market testing permits— Kraft foods, Inc.; grated parmesan cheese, 83040 00-33373 Grants and cooperative agreements; availability, etc.: Veterinary antimicrobial decision support system, 83040-83041 00-33372 Harmonisation International Conference; guidelines availability: Test procedures and acceptance criteria for new drug substances and new drug products; chemical substances; Q6A specifications, 83041-83063 00-33369 Human drugs: Human pharmaceutical facilities, good manufacturing practice inspections; information exchange; U.S. FDA and Australian Therapeutic Goods Administration, 83063-83068 00-33216 Meetings: Food-producing animals; resistance and monitoring thresholds establishment, 83069 00-33371 Investigational new drug applications; electronic submission using XML to create cumulative table of contents, 83069-83070 00-33370 Reports and guidance documents; availability, etc.: Antimicrobial drugs use in food-producing animals; thresholds establishment; discussion paper, 83070-83071 00-33215 Food Food and Nutrition Service RULES Child nutrition programs: Women, infants, and children; special supplement nutrition program— Vendor management systems; mandatory selection criteria, limitation of vendors, training requirements, high-risk vendors identification criteria, etc., 83247-83289 00-33111 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Commercial item acquisitions; contract types, 83291-83293 00-33153 Government Government Ethics Office NOTICES Presidential Transition Act of 2000: Executive branch Presidential nominees; financial disclosure process, 83039 00-33220 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration RULES Privacy Act; implementation Individually identifiable health information; privacy standards Technical corrections, 82944 00-33444 PROPOSED RULES Protection of research misconduct whistleblowers; Public Health Service standards Technical correction, 82972-82973 00-33312 Health Health Care Financing Administration RULES Medicare: Outpatient diabetes self-management training services; expanded coverage, 83129-83154 00-32703 Medicare, Medicaid, and Clinical Laboratory Improvement Amendments

(CLIA)programs: Clinical laboratory requirements; effective dates extended, 82941-82944 00-33288 NOTICES Medicare: Diabetes self-management training programs; National organizations deeming authority; application process, 83154-83155 00-32704 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 83071-83073 00-33218 00-33219 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 00-32634 83073 00-33136 Immigration Immigration and Naturalization Service NOTICES Meetings: Immigration Matters District Advisory Council, 83098 00-33276 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 83073-83074 00-33307 IRS Internal Revenue Service RULES Income taxes: Electing small business trusts, 82926-82927 00-32190 PROPOSED RULES Income taxes: Electing small business trusts, 82963-82972 00-32191 International International Trade Commission NOTICES Harmonized Tariff Schedule; modifications, 83082-83083 00-33257 Import investigations: U.S.-Israel agricultural trade conducted in a free trade environment; likely effects on agricultural industries, 83084 00-33256 Justice Justice Department See Antitrust Division See Immigration and Naturalization Service NOTICES Pollution control; consent judgments: Friedland, Robert, 83084-83085 00-33351 Reports and guidance documents; availability, etc.: Federal alternative dispute resolution programs— Confidenitality, 83085-83095 00-33247 Labor Labor Department See Employment Standards Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 83098-83099 00-33345 Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Belle Ayr 2000 Federal coal tact, WY, 83076-83077 00-33090 Meetings: Resource Advisory Councils— Arizona, 83077-83078 00-33333 Colorado, 83077 00-33332 Realty actions; sales, leases, etc.: Nevada, 83078-83079 00-33222 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Commercial item acquisitions; contract types, 83291-83293 00-33153 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 83100-83102 00-33253 Senior Executive Service: Performance Review Board, 83102-83103 00-33254 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Summer flounder, scup, and black sea bass, 82945-82947 00-33221 Northeastern United States fisheries: Atlantic cod and haddock purchases; interactive voice response system reporting requirements, 82944-82945 00-33223 West Coast States and Western Pacific fisheries— Pacific Coast groundfish; overfished species rebuilding plans disapproval, 82947-82953 00-33224 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Technical gear workshop, 82973 00-33225 NOTICES Environmental statements; notice of intent: Incidental take permits— Douglas and Chelan Counties, WA; habitat conservation plans, 82976-82977 00-33227 Permits: Endangered and threatened species, 82977-82978 00-33226 National Park National Park Service NOTICES Native American human remains and associated funerary objects: Arizona State Museum, AZ— Inventory from various Arizona counties, 83079-83081 00-33272 National Museum of Health and Medicine, Armed Forces Institute of Pathology, Washington, DC— Inventory from unknown areas in Oregon and Oklahoma, 83081-83082 00-33274 Seneca Falls Historical Society, NY— Inventory from Seneca and Cayuga Lakes region, NY, 83082 00-33273 Northeast Northeast Dairy Compact Commission NOTICES Meetings, 83103 00-33229 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Amergen Energy Co., LLC, 83103-83105 00-33347 00-33348 00-33349 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 83105-83106 00-33311 Presidential Presidential Documents EXECUTIVE ORDERS Commissions, boards, committees, etc. Puerto Rico's Status, President's Task Force on; establishment (EO 13183), 82889-82890 00-33451 Government agencies and employees Rates of pay; adjustments (EO 13182), 82879-82888 00-33450 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 83119-83120 00-33265 New York Stock Exchange, Inc., 83120-83122 00-33264 Philadelphia Stock Exchange, Inc., 83122-83123 00-33263 *Applications, hearings, determinations, etc.:* BCP III Affiliates Fund L.P. et al., 83106-83110 00-33261 First Defined Sector Fund et al., 83110-83116 00-33262 Market Street Fund, Inc., et al., 83116-83119 00-33260 SBA Small Business Administration NOTICES *Applications, hearings, determinations, etc.:* Housatonic Equity Investors, SBIC, L.P., 83123 00-33350 Social Social Security Administration RULES Social security benefits and supplementary security income: Federal old age, survivors, and disability insurance, and aged, blind, and disabled— Substantial gainful activity amounts, average monthly earnings guidelines, etc., 82905-82912 00-33271 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Privacy Act: Systems of records, 83124-83126 00-33365 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Department of Health and Human Services, Health Care Financing Administration, 83129-83155 00-32703 00-32704 Part III Department of Interior, Fish and Wildlife Service, 83157-83216 00-31079 Part IV Department of Education, 83217-83219 00-33131 Part V Environmental Protection Agency, 83221-83246 00-33163 Part VI Department of Agriculture, Food and Nutrition Service, 83247-83289 00-33111 Part VII Department of Defense, General Services Administration, National Aeronautics and Space Administration, 83291-83293 00-33153 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. 65 251 Friday, December 29, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 2 Revision of Delegations of Authority AGENCY: Department of Agriculture. ACTION: Final rule. SUMMARY: This document amends the delegations of authority from the Secretary of Agriculture to other General Officers and agency heads to delegate to the Director, Hazardous Materials Management Group authority to carry out certain duties related to hazardous materials management. EFFECTIVE DATE: December 29, 2000. FOR FURTHER INFORMATION CONTACT: Thomas Fox, Attorney, Office of the General Counsel, United States Department of Agriculture, Room 3351 South Building, Washington, DC 20250,

(202)720-6715. SUPPLEMENTARY INFORMATION: On January 15, 1999, the Secretary of Agriculture established the USDA Hazardous Materials Policy Council (Council) to direct the USDA Hazardous Materials Management and Federal Facilities Compliance Program (Program). By Memorandum dated April 14, 1999, the Secretary decided to strengthen the Program within the Department by assigning to the Counsel lead responsibility for hazardous materials management and Federal facilities compliance. Also, the Secretary directed that the executive director of the Council serve as the Director of the Hazardous Materials Management Group, the group that acts as technical and program staff to the Council. The decision was based upon the fact that the Department had a decentralized arrangement for the implementation of the program and needed to improve coordination among the agencies of the Department. This final rule delegates responsibilities to the director of the Hazardous Materials Management Group. This rule relates to internal agency management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rule making and opportunity for comment are not required. Further, because this rule relates to internal agency management, it is exempt from the provisions of Executive Order No. 12866 and No. 12988. In addition, this action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601, *et seq.* ), and thus is exempt from provisions of that act. Finally, this action is not a rule as defined in 5 U.S.C. 804, and thus does not require review by Congress. List of Subjects in 7 CFR Part 2 Authority delegations (Government agencies). Accordingly, 7 CFR Part 2 is 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 is revised to read as follows: Authority: 5 U.S.C. 301; Reorganization Plan No. 2 of 1953; 3 CFR 1949-1953 Comp., p. 1024. Subpart D—Delegations of Authority to Other General Officers and Agency Heads 2. Section 2.25 is added in subpart D to read as follows: § 2.25 Director, Hazardous Materials Management Group.

(a)The following delegations of authority are made by the Secretary of Agriculture to the Director, Hazardous Materials Management Group.

(1)Serve as Executive Director of the USDA Hazardous Materials Policy Council.

(2)Represent USDA is consulting or working with the Environmental Protection Agency (EPA), the Council on Environmental Quality, the Domestic Policy Council, and others to develop policies relating to hazardous materials management and Federal facilities compliance.

(3)Monitor, review, evaluate, and oversee hazardous materials management program activities and compliance Department-wide.

(4)Monitor, review, evaluate, and oversee USDA agency expenditures for hazardous materials management program accomplishments.

(5)Coordinate for the USDA Hazardous Materials Policy Council the presentation of the USDA Hazardous Waste Management appropriation budget request to the Office of Management and Budget

(OMB)and Congress.

(6)Prepare for the USDA Hazardous Materials Policy Council the hazardous materials management program budget and accomplishment reports to Congress, OMB, and EPA and take a lead role in the preparation of replies to Congressional injuries.

(7)Represent USDA on the National Response Team on hazardous spills and oil spills pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601, *et seq.* ); the Clean Water Act, as amended (33 U.S.C. 1251, *et seq.* ); Oil Pollution Act, as amended (33 U.S.C. 2701, *et seq.* ); Executive Order 12580, 3 CFR, 1987 Comp., p. 193; Executive Order 12777, 3 CFR, 1991 Comp., p. 351, and the National Contingency Plan, 40 CFR Part 300.

(8)Approve disbursements from the New World Mine Response and Restoration Account, approve the New World Mine Response and Restoration Plan, and make quarterly reports to Congress under Sections 502(d) and

(f)of Title V of the Department of the Interior and Related Agencies Appropriations Act of 1998, Public Law 105-83.

(9)Provide program leadership and oversight for USDA compliance with applicable pollution control laws and executive orders, including Executive Order 13148, Greening of the Government Through Leadership in Environmental Management.

(10)Ensure that the Hazardous Materials Management Program Department-wide is accomplished with regard to, and in compliance with, Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and low-Income Populations.

(11)Take such action as may be necessary, with the affected agency head and with the concurrence of the General Counsel, including issuance of administrative orders and agreements with any person to perform any response action under sections 106(a) and 122 (except subsection (b)(1)) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9606(a), 9622), pursuant to sections 4(c)(3) and 4(d)(3) of Executive Order 12580, as amended by Executive Order 13016.

(12)Receive administrative support from the Assistant Secretary for Administration.

(b)[Reserved] Dated: December 14, 2000. Dan Glickman, Secretary of Agriculture. [FR Doc. 00-32405 Filed 12-28-00; 8:45 am]

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