Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-01-08.xml --- 66 5 Monday, January 8, 2001 Contents AID Agency for International Development NOTICES Agency information collection activities: Proposed collection; comment request, 1301 01-401 Submission for OMB review; comment request, 1301 01-402 Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Army Army Department NOTICES Privacy Act: Systems of records, 1312-1319 01-410 01-411 01-413 01-414 Bonneville Bonneville Power Administration NOTICES Environmental statements; notice of intent:

Umatilla County, OR; Umatilla Generating Project, 1332-1333 01-442 Broadcasting Broadcasting Board of Governors NOTICES Agency information collection activities: Proposed collection; comment request, 1303 01-450 Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.: Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 1362 01-422 01-423 Meetings: Mine Safety and Health Research Advisory Committee, 1362-1363 01-424 Organization, functions, and authority delegations:

Management Analysis and Services Office, Program Services Office, 1363-1364 01-462 Coast Guard Coast Guard RULES Drawbridge operations: Iowa and Illinois, 1262 01-436 PROPOSED RULES Drawbridge operations: Connecticut, 1281-1283 01-435 Electrical engineering: Marine shipboard electrical cable standards; incorporation by reference, 1283 01-434 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act:

Commodity interest transactions; intermediaries; regulatory framework Customer funds investment; correction, 1375 C0-32976 Court Court Services and Offender Supervision Agency for the District of Columbia RULES Organization and general functions, 1259-1262 01-395 Defense Defense Department See Army Department See Defense Logistics Agency See Navy Department PROPOSED RULES Privacy Act; implementation National Reconnaissance Office, 1280-1281 01-416 NOTICES Privacy Act: National Reconnaissance Office; systems of records, 1311-1312 01-415 Defense Defense Logistics Agency NOTICES Privacy Act:

Computer matching programs, 1319-1321 01-418 Education Education Department RULES Postsecondary education: Developing Hispanic-Serving Institutions Program, 1262-1263 01-430 Special education and rehabilitative services: Assistance to States for Education of Children with Disabilities Program, 1473-1478 01-431 NOTICES Grants and cooperative agreements; availability, etc.: International Research and Studies Program, 1329-1330 01-461 National Institute on Disability and Rehabilitation Research— Disability and Rehabilitation Research Projects and Centers Program, 1479-1499 01-85 National center on accessible education-based information technology and the disability and business technical assistance centers, 1498-1506 01-86 Special education and rehabilitative services— Recreational Program, 1441-1443 01-407 Employment Employment and Training Administration RULES Aliens:

Nonimmigrants on H-1B visas in specialty occupations and as fashion models, temporary employment; and permanent employment, labor certification process Correction, 1375 C0-32088 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: Oak Ridge Y-12 Plant, TN; continued operations and construction and operation of new facilities, 1330-1331 01-443 Patent licenses; non-exclusive, exclusive, or partially exclusive:

PhA Environmental Restoration Corp., 1331-1332 01-441 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Off-site waste and recovery operations; technical corrections, 1263-1268 01-365 Air programs: Stratospheric ozone protection— Essential use allowances; allocation, 1461-1471 01-463 Air quality planning purposes; designation of areas: Nevada, 1268-1270 01-467 NOTICES Grants and cooperative agreements; availability, etc.: Environmental Professional Intern Program, 1338-1342 01-419 Meetings:

Science Advisory Board, 1342-1344 01-464 01-465 Water quality criteria: Ambient water quality criteria— Human health protection; methylmercury, 1344-1359 01-217 FAA Federal Aviation Administration RULES Airworthiness directives: Pilatus Aircraft Ltd., 1255-1257 01-184 Raytheon, 1253-1255 01-183 PROPOSED RULES Airworthiness directives: Cessna, 1273-1275 01-343 SOCATA-Groupe AEROSPATIALE, 1271-1273 01-306 FCC Federal Communications Commission PROPOSED RULES Common carrier services:

Earth station license applications; biennial regulatory review (2000 FY), 1283-1294 01-88 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities: Proposed collection; comment request, 1359 01-437 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Commonwealth Edison Co. et al., 1333-1335 01-439 Duke Electric Transmission et al., 1335-1338 01-438 Federal Highway Federal Highway Administration RULES Intelligent Transportation System architecture and standards, 1445-1454 01-391 NOTICES Environmental statements; notice of intent:

Mercer and Middlesex Counties, NJ, 1369 01-406 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 1360 01-398 Meetings; Sunshine Act, 1360 01-501 01-502 Federal Transit Federal Transit Administration NOTICES Reports and guidance documents; availability, etc.: National Intelligent Transportation Systems Architecture Policy on Transit Projects, 1454-1459 01-392 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species:

Plant and animal taxa that are candidates or proposed for listing, findings on recycled petitions, and description of progress on listing actions; review, 1295-1300 01-440 NOTICES Endangered and threatened species permit applications, 1364-1365 01-403 Food Food and Drug Administration RULES Administrative practice and procedure: Examination of administrative record and other advisory committee records, 1257-1259 01-389 PROPOSED RULES Administrative practice and procedure: Examination of administrative record and other advisory committee records, 1275-1277 01-390 Biological products:

Human cellular and tissue-based products manufacturers; current good tissue practice; inspection and enforcement, 1507-1559 01-447 Forest Forest Service NOTICES Environmental statements; notice of intent: Coconino National Forest, AZ, 1301-1302 01-399 GSA General Services Administration NOTICES Acquisition regulations: Prior Federal Service Statement-Worksheet (SF 144A); form cancellation, 1360 01-427 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health NOTICES Meetings:

Complementary and Alternative Medicine Policy, White House Commission, 1361 01-409 Health Health Care Financing Administration RULES Group health plans; access, portability, and renewability requirements: Nondiscrimination in health coverage in group market, 1377-1420 01-106 PROPOSED RULES Group health plans; access, portability, and renewability requirements: Bona fide wellness programs, 1420-1435 01-107 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Excise taxes:

Group health plans; access, portability, and renewability requirements— Nondiscrimination in health coverage in group market, 1377-1420 01-106 PROPOSED RULES Excise taxes: Group health plans; access, portability, and renewability requirements— Bona fide wellness programs, 1420-1435 01-107 Nondiscrimination in health coverage in group market; cross-reference, 1434-1437 01-108 Nondiscrimination requirements for certain grandfathered church plans; exception, 1436-1439 01-109 International International Trade Administration NOTICES Antidumping:

Brake rotors from— China, 1303-1309 01-457 Oil country tubular goods from— Mexico, 1309-1310 01-453 Stainless steel sheet and strip in coils from— Italy, 1310 01-452 *Applications, hearings, determinations, etc.:* University of— Rochester, 1310 01-454 Wisconsin-Madison, 1311 01-455 Washington University School of Medicine, 1311 01-456 International International Trade Commission NOTICES Meetings; Sunshine Act, 1367 01-578 Labor Labor Department See Employment and Training Administration See Pension and Welfare Benefits Administration Land Land Management Bureau NOTICES Agency information collection activities:

Proposed collection; comment request; correction, 1375 C0-32655 Survey plat filings: Alaska, 1365 01-404 Minerals Minerals Management Service PROPOSED RULES Outer Continental Shelf; oil, gas, and sulphur operations: Surety bonds for leases; requirements, 1277-1280 01-120 NOTICES Environmental statements; availability, etc.: Beaufort Sea, AK; British Petroleum Exploration, Inc.'s Liberty development and production plan, 1365-1366 01-426 NASA National Aeronautics and Space Administration NOTICES Meetings:

Advisory Council Aero-Space Technology Advisory Committee, 1367 01-432 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities: Proposed collection; comment request, 1369-1371 01-433 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 1364 01-408 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Critical habitat closure pursuant to court order; closure removed; correction, 1375 C0-33162 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes:

Iowa, 1302-1303 01-400 Navy Navy Department NOTICES Privacy Act: Systems of records, 1321-1329 01-412 01-417 Pension Pension and Welfare Benefits Administration RULES Group health plans; access, portability, and renewability requirements: Nondiscrimination in health coverage in group market, 1377-1420 01-106 PROPOSED RULES Group health plans; access, portability, and renewability requirements: Bona fide wellness programs, 1420-1435 01-107 Personnel Personnel Management Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 1367-1368 01-429 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Railroad Railroad Retirement Board NOTICES Agency information collection activities: Submission for OMB review; comment request, 1368 01-405 State State Department NOTICES Art objects; importation for exhibition: Van Gogh Portraits: Face to Face, 1368 01-458 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 1366-1367 01-428 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: CenTra, Inc., et al., 1371 01-329 Crown Enterprises, Inc., 1371-1372 01-330 San Francisco Port Commission, 1372 01-331 Railroad services abandonment: Mohall Railroad, Inc., 1372-1373 01-503 TVA Tennessee Valley Authority NOTICES Meetings: Regional Resource Stewardship Council, 1368-1369 01-425 Thrift Thrift Supervision Office NOTICES Agency information collection activities:

Proposed collection; comment request, 1373-1374 01-451 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Privacy Act; implementation, 1294-1295 01-191 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 1373 01-444 01-445 Separate Parts In This Issue Part II Department of Health and Human Services, Health Care Financing Administration; Department of Labor, Pension and Welfare Benefits Administration; Department of Treasury, Internal Revenue Service, 1377-1439 01-106 01-107 01-108 01-109 Part III Department of Education, 1441-1443 01-407 Part IV Department of Transportation, Federal Highway Administration and Federal Transit Administration, 1445-1459 01-391 01-392 Part V Environmental Protection Agency, 1461-1471 01-463 Part VI Department of Education, 1473-1478 01-431 Part VII Department of Education, 1479-1506 01-85 01-86 Part VIII Department of Health and Human Services, Food and Drug Administration, 1507-1559 01-447 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. 66 5 Monday, January 8, 2001 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. 99-CE-79-AD;

Amendment 39-12066; AD 2000-26-16] RIN 2120-AA64 Airworthiness Directives; Raytheon Aircraft Company Beech Models A36, B36TC, and 58 Airplanes AGENCY: Federal Aviation Administration, DOT. ACTION: Final rule. SUMMARY: This amendment adopts a new airworthiness directive

(AD)that applies to certain Raytheon Aircraft Company (Raytheon) Beech Models A36, B36TC, and 58 airplanes. This AD requires you to inspect for missing rivets on the right hand side of the fuselage and, if necessary, install rivets. Raytheon has identified several instances of missing rivets on these airplanes. The actions specified by this AD are intended to install missing rivets in the right hand fuselage panel assembly in the area above the right wing and below the cabin door threshold. These rivets must be present for the fuselage to carry the ultimate load and prevent critical structural failure with loss of airplane control. DATES: This AD becomes effective on February 16, 2001. The Director of the **Federal Register** approved the incorporation by reference of certain publications listed in the regulations as of February 16, 2001. ADDRESSES: You may get the service information referenced in this AD from Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. You may examine this information at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 99-CE-79-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC. FOR FURTHER INFORMATION CONTACT: T.N. Baktha, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone:

(316)946-4155; facsimile:

(316)946-4407. SUPPLEMENTARY INFORMATION: Discussion What Events Have Caused This AD? Raytheon has identified several instances of missing rivets on these airplanes: Model Serial No. Model A36 Bonanza serials E-1 through E-3231; and E-3233. Model B36TC Bonanza serials EA-1 through EA-635. Model 58 Baron serials TH-1 through TH-1811; and TH-1813 through TH-1897. Raytheon production and inspection personnel identified the missing rivets. The missing rivets are the result of a quality control problem. What Are the Consequences if the Condition Is Not Corrected? This condition results in the airplane being unable to carry the ultimate load with possible structural failure and loss of airplane control. Has FAA Taken Any Action to This Point? We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to certain Raytheon Beech Models A36, B36TC, and 58 airplanes. This proposal was published in the **Federal Register** as a notice of proposed rulemaking

(NPRM)on September 26, 2000 (65 FR 57751). The NPRM proposed to require you to inspect for missing rivets on the right hand fuselage and if necessary, install rivets. Was the Public Invited To Comment? Interested persons were afforded an opportunity to participate in the making of this amendment. No comments were received on the proposed rule or the FAA's determination of the cost to the public. The FAA's Determination What Is FAA's Final Determination on This Issue? After careful review of all available information related to the subject presented above, we have determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. We determined that these minor corrections: —Will not change the meaning of the AD; and —Will not add any additional burden upon the public than was already proposed. Cost Impact How Many Airplanes Does This AD impact? We estimate that this AD affects 3632 airplanes in the U.S. registry. What Is the Cost Impact of This AD on Owners/Operators of the Affected Airplanes? We estimate the following costs to accomplish the inspection: Labor cost Parts cost Total cost per airplane Total cost on U.S. operators 1 workhour × $60 per hour = $60 No parts required for the inspection $60 per airplane $60 × = $217,920. We estimate the following costs to accomplish the modification if necessary: Laobor cost Parts cost Total cost per airplane 4 workouts × $60 per hour = $240 $100 per airplane $340 per airplane. The manufacturer will allow warranty credit for labor and parts to the extent noted in the service bulletin. Regulatory Impact Does This AD Impact Various Entities? The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132. Does This AD Involve a Significant Rule or Regulatory Action? For the reasons discussed above, I certify that this action

(1)is not a “significant regulatory action” under Executive Order 12866;

(2)is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and

(3)will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the final evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption ADDRESSES . List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. FAA amends § 39.13 by adding a new AD to read as follows: **2000-26-16 Raytheon Aircraft Company:** Amendment 39-12066; Docket No. 99-CE-79-AD.

(a)*What airplanes are affected by this AD?* This AD affects the following airplanes, certificated in any category: Model Serial No. Model A36 E-1 through E-3231, and E-3233. Model B36TC EA-1 through EA-635. Model 58 TH-1 through TH-1811, and TH-1813 through TH-1897.

(b)*Who must comply with this AD?* Anyone who wishes to operate any of the above airplanes must comply with this AD.

(c)*What problem does this AD address?* The actions specified by this AD are intended to install missing rivets in the right hand fuselage panel assembly in the area above the right wing and below the cabin door threshold. These rivets must be present for the fuselage to carry the ultimate load and prevent critical structural failure with loss of control of the airplane.

(d)*What actions must I accomplish to address this problem?* To address this problem, you must do the following actions: Actions Compliance times Procedures

(1)Inspect for up to 9 missing rivets between fuselage station (F.S.) 83.00 and F.S. 91.00 at water line (W.L.) 90.3 Inspect within the next 100 hours time-in-service after February 16, 2001 (the effective date of this AD) Do this inspection in accordance with the ACCOMPLISHMENT INSTRUCTIONS paragraph of Raytheon Mandatory Service Bulletin SB 53-3341, Revision 1, Revised: May 2000, and the Bonanza Series Maintenance Manual or Baron Model 58 Series Maintenance Manual.

(2)If you find rivets are missing, install these rivets Before further flight after the inspection Do these actions in accordance with the ACCOMPLISHMENT INSTRUCTIONS paragraph of Raytheon Mandatory Service Bulletin SB 53-3341, Revision 1, Revised: May 2000, and the Bonanza Series Maintenance Manual or Baron Model 58 Series Maintenance Manual.

(e)*Can I comply with this AD in any other way?* You may use an alternative method of compliance or adjust the compliance time if:

(1)Your alternative method of compliance provides an equivalent level of safety; and

(2)The Manager, Wichita Aircraft Certification Office (ACO), approves your alternative. Submit your request through an FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Wichita ACO. Note: This AD applies to each airplane identified in paragraph

(a)of this AD, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph

(e)of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if you have not eliminated the unsafe condition, specific actions you propose to address it.

(f)*Where can I get information about any already-approved alternative methods of compliance?* Contact T.N. Baktha, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Mid-Continent Airport, Wichita, Kansas 67209; telephone:

(316)946-4155; facsimile:

(316)946-4407.

(g)*What if I need to fly the airplane to another location to comply with this AD?* The FAA can issue a special flight permit under sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate your airplane to a location where you can accomplish the requirements of this AD.

(h)*Are any service bulletins incorporated into this AD by reference?* Actions required by this AD must be done in accordance with Raytheon Mandatory Service Bulletin SB 53-3341, Revision 1, revised May 2000. The Director of the Federal Register approved this incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51. You can get copies from Raytheon Aircraft Company, P.O. Box 85, Wichita, Kansas 67201-0085; telephone:

(800)429-5372 or

(316)676-3140. You can look at copies at the FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri, or at the Office of the Federal Register, 800 North Capitol Street, NW, suite 700, Washington, DC.

(i)*When does this amendment become effective?* This amendment becomes effective on February 16, 2001. Issued in Kansas City, Missouri, on December 22, 2000. Marvin R. Nuss, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 01-183 Filed 1-5-01; 8:45 am]

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