Unknown. Interim rule and request for comments

3,400 words·~15 min read·/register/2001/03/14/01-6403

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2001-03-14.xml --- 66 50 Wednesday, March 14, 2001 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: Alzheimer's Disease Demonstration Grants to States Program, 14903-14904 01-6294 Agricultural Agricultural Marketing Service NOTICES Dry whole milk; grade standards, 14874-14875 01-6331 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Natural Resources Conservation Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Rinderpest and foot-and-mouth disease; disease status change— Great Britain and Northern Ireland, 14825-14826 01-6403 Census Census Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 14881-14883 01-6249 01-6250 Meetings: Professional Associations Census Advisory Committee, 14883 01-6325 Centers Centers for Disease Control and Prevention NOTICES Meetings: Neurodevelopmental evaluation study protocol review; scientific consultation, 14904 01-6298 Organization, functions, and authority delegations:

Violence Prevention Division, 14904-14906 01-6281 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency information collection activities: Submission for OMB review; comment request, 14984 01-6246 Congressional Congressional Budget Office NOTICES Balanced Budget and Emergency Deficit Control Reaffirmation Act (Gramm-Rudman-Hollings):

Sequestration preview report for 2002 FY; transmittal to Congress and OMB, 14893 01-6347 Customs Customs Service NOTICES Customhouse broker license cancellation, suspension, etc.: DMD International, Inc., et al., 14984-14985 01-6336 Gilbert International, Inc., et al., 14985 01-6335 Economic Economic Development Administration NOTICES Grants and cooperative agreements; availability, etc.: Economic development assistance programs; unemployment and underemployment in economically-distressed areas, etc., 15001-15007 01-6247 Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request; correction, 14986 C1-5652 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Clethodim, 14829-14837 01-6185 Imazethapyr, 14846-14852 01-6329 Pymetrozine, 14837-14846 01-6328 Pyriproxyfen, 14852-14861 01-6330 NOTICES Water pollution; discharge of pollutants (NPDES): Gulf of Mexico OCS operations— Eastern portion; oil and gas extraction category; general permit, 14987-14999 01-6175 Executive Executive Office of the President See Management and Budget Office See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

BMW Rolls-Royce GmbH, 14826-14828 01-5736 PROPOSED RULES Airworthiness directives: Bell, 14865-14867 01-6287 Boeing, 14867-14871 01-6286 FCC Federal Communications Commission RULES Radio stations; table of assignments: Alabama and Georgia, 14862 01-5829 PROPOSED RULES Radio stations; table of assignments: Arizona, 14871-14872 01-6245 Maine, 14873 01-6243 Various States, 14872-14873 01-6244 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 14902 01-6316 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Duke Energy Audrain, LLC, et al., 14894-14897 01-6278 Environmental statements; availability, etc.: JLH Hydro, Inc., 14897 01-6280 Practice and procedure: Electronic filing of proposed rules, 14897-14902 01-6324 *Applications, hearings, determinations, etc.:* SF Phosphates Limited Co., LLC, 14893-14894 01-6279 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Orange and San Diego Counties, CA, 14978-14979 01-6334 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 14902 01-6343 Ocean transportation intermediary licenses:

Neutral Line (U.S.A.) Inc. et al., 14903 01-6344 Federal Reserve Federal Reserve System NOTICES Meetings; Sunshine Act, 14903 01-6398 Fish Fish and Wildlife Service NOTICES Reports and guidance documents; availability, etc.: West Indian manatee; interim strategy for watercraft access projects in Florida, 14924-14932 01-6040 Food Food and Nutrition Service NOTICES Child nutrition programs: Women, infants, and children; special supplemental nutrition program— Income eligibility guidelines, 14875-14878 01-6337 Forest Forest Service NOTICES Grants and cooperative agreements; availability, etc.:

Deschutes National Forest, OR, 14878 01-6297 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Health Care Financing Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings: Minority Health Advisory Committee, 14903 01-6327 Health Health Care Financing Administration RULES Medicare: Outpatient diabetes self-management training and outcome measurements; expanded coverage; correction and effective date, 14861-14862 01-6310 NOTICES Agency information collection activities:

Proposed collection; comment request, 14906 01-6251 Medicare and Medicaid: Ambulatory surgical centers program; American Osteopathic Association recognition, 14906-14908 01-6311 Immigration Immigration and Naturalization Service NOTICES Meetings: Immigration Matters District Advisory Council, 14938-14939 01-6307 Interior Interior Department See Fish and Wildlife Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Cold-rolled and corrosion-resistant carbon steel flat products from— Korea, 14883-14887 01-6363 Fresh garlic from— China, 14887 01-6360 Grain-oriented electrical steel from— Italy, 14887-14889 01-6358 Grain-oriented silicon electrical steel from— Italy and Japan, 14889 01-6364 Gray portland cement and cement clinker from— Mexico, 14889-14891 01-6359 Stainless steel bar from— Various countries; correction, 14986 C1-2057 Stainless steel plate in coils from— Korea, 14891 01-6362 Stainless steel sheet and strip in coils from— Korea, 14891 01-6361 North American Free Trade Agreement (NAFTA); binational panel reviews:

Cut-to-length carbon steel plate from— Canada, 14892 01-6318 Tariff rate quotas: Worsted wool fabrics, 14892-14893 01-6406 International International Trade Commission NOTICES Import investigations: Ammonium nitrate from— Ukraine, 14933-14934 01-6340 HSP modems, software and hardware components, and products containing same, 14935-14936 01-6338 Oleoresin paprika from— India, 14934-14935 01-6339 Personal watercraft and components, 14936-14937 01-6341 Programmable logic devices and products containing same, 14937 01-6342 Justice Justice Department See Immigration and Naturalization Service NOTICES Agency information collection activities:

Proposed collection; comment request, 14937-14938 01-6332 Management Management and Budget Office NOTICES Commercial activities performance (Circular A-76): Federal pay raise assumptions and inflation factors (Transmittal Memorandum No. 23), 14943-14944 01-6253 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle theft prevention standard: Passenger motor vehicle theft data (1999 CY), 14979-14983 01-6217 NIH National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

National Institute on Child Health and Human Development— Maternal effect gene and protein critical for normal oocyte function and fertility; diagnostic and therapeutic uses development, 14908-14909 01-6274 Inventions, Government-owned; availability for licensing, 14909-14911 01-6271 01-6272 01-6273 Meetings: National Cancer Institute, 14911 01-6255 National Center for Research Resources, 14911 01-6266 National Institute of Allergy and Infectious Diseases, 14913-14915 01-6259 01-6268 01-6270 National Institute of Child Health and Human Development, 01-6262 14913-14914 01-6263 National Institute of Diabetes and Digestive and Kidney Diseases, 01-6257 14912-14914 01-6258 01-6267 National Institute of Environmental Health Sciences, 14911-14912 01-6256 National Institute of Mental Health, 14913-14914 01-6260 01-6264 01-6265 National Institute on Deafness and Other Communication Disorders, 14915 01-6269 Scientific Review Center, 14915-14917 01-6261 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska: fisheries of Exclusive Economic Zone— Pollock, 14863-14864 01-6345 Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico shrimp, 14862-14863 01-6351 Whaling provisions: Aboriginal subsistence whaling quotas, 14862 01-6350 NOTICES Meetings: International Commission for Conservation of Atlantic Tunas, U.S. Section Advisory Committee, 14893 01-6353 Permits: Marine mammals, 14893 01-6349 National Science National Science Foundation NOTICES Meetings: Advanced Computational Infrastructure and Research Special Emphasis Panel, 14939 01-6354 Computer-Communications Research Special Emphasis Panel, 14939 01-6355 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.:

Lost River Subwatershed, WV, 14878 01-6366 Field office technical guides; changes: Georgia, 14878-14879 01-6365 Indiana, 01-6288 01-6289 14879-14880 01-6290 01-6291 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 14940-14942 01-6302 01-6303 *Applications, hearings, determinations, etc.:* Calvert Cliffs Nuclear Power Plant, Inc., 14939-14940 01-6304 Omaha Public Power District; correction, 14986 C1-5409 Nuclear Nuclear Waste Technical Review Board NOTICES Privacy Act:

Systems of records, 14942-14943 01-6252 Office Office of Management and Budget See Management and Budget Office Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents EXECUTIVE ORDERS Labor: Aircraft Mechanics Fraternal Association and Northwest Airlines; creation of emergency board of investigation (EO 13205), 15009-15012 01-6558 ADMINISTRATIVE ORDERS Iran; continuation of national emergency (Notice of March 13, 2001), 15013 01-6559 Public Public Health Service See Centers for Disease Control and Prevention See National Institutes of Health See Substance Abuse and Mental Health Services Administration Railroad Railroad Retirement Board NOTICES Agency information collection activities:

Proposed collection; comment request, 14944 01-6346 Meetings; Sunshine Act, 14944 01-6402 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Arrowrock Dam, ID; outlet works rehabilitation, 14932-14933 01-6308 RUS Rural Utilities Service NOTICES Communities’ access to local television; information request, 14880-14881 01-6248 SEC Securities and Exchange Commission RULES Investment companies: Registered investment company name requirements Correction, 14828-14829 01-6276 NOTICES Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 14945-14949 01-6322 01-6323 National Association of Securities Dealers, Inc., 14949-14974 01-6275 01-6277 *Applications, hearings, determinations, etc.:* Harris & Harris Group, Inc., 14944-14945 01-6321 SBA Small Business Administration PROPOSED RULES Small business size standards: Nonmanufacturer rule; waivers— Aerospace ball and roller bearings, 14865 01-6306 NOTICES Disaster loan areas: Washington, 14974 01-6305 Social Social Security Administration NOTICES Organization, functions, and authority delegations:

Commissioner Office, 14974 01-6320 State State Department NOTICES Meetings: International Economic Policy Advisory Committee, 14974-14975 01-6459 Private International Law Advisory Committee, 14975 01-6460 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Community-Initiated Prevention Intervention, 14917-14918 01-6368 Homeless persons comprehensive drug and alcohol treatment systems development, 14919-14920 01-6319 Recovery community organization development and mobilization program, 14920-14921 01-6313 Strengthening communities in youth comprehensive drug and alcohol treatment systems development, 14923-14924 01-6315 Strengthening minority communities, 14922-14923 01-6314 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Union Pacific Railroad Co., 14983-14984 01-5911 TVA Tennessee Valley Authority NOTICES Environmental statements; notice of intent: Tennessee; electric generation baseload capacity addition, 14975-14977 01-6333 Trade Trade Representative, Office of United States NOTICES Meetings: Industry Sector Advisory Committees— Services, 14977 01-6348 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Aviation proceedings:

Agreements filed; weekly receipts, 14978 01-6357 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 14977-14978 01-6356 Treasury Treasury Department See Comptroller of the Currency See Customs Service Veterans Veterans Affairs Department NOTICES Meetings: Special Medical Advisory Group, 14985 01-6242 Separate Parts In This Issue Part II Environmental Protection Agency, 14987-14999 01-6175 Part III Department of Commerce, Economic Development Administration, 15001-15007 01-6247 Part IV The President, 15009-15013 01-6558 01-6559 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 50 Wednesday, March 14, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 94 [Docket No. 01-018-1] Change in Disease Status of Great Britain and Northern Ireland Because of Foot-and-Mouth Disease AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the regulations governing the importation of certain animals, meat, and other animal products by removing Great Britain (England, Scotland, Wales, and the Isle of Man) and Northern Ireland from the list of regions considered to be free of rinderpest and foot-and-mouth disease. We are taking this action because the existence of foot-and-mouth disease has been confirmed there.

The effect of this action is to prohibit or restrict the importation of any ruminant or swine into any fresh (chilled or frozen) meat and other products of ruminants or swine into the United States from Great Britain or Northern Ireland. DATES: This interim rule was effective on January 15, 2001. We invite you to comment on this docket. We will consider all comments that we receive by May 14, 2001. ADDRESSES: Please send four copies of your comment (an original and three copies) to:

Docket No. 01-018-1, Regulatory Analysis and Development; PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 01-018-1. You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays.

To be sure someone is there to help you, please call

(202)690-2817 before coming. APHIS documents published in the **Federal Register** , and related information, including the names of organizations and individuals who have commented on APHIS dockets, are available on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html. FOR FURTHER INFORMATION CONTACT: Dr. Gary Colgrove, Assistant Director, Sanitary Trade Issues, National Center for Import and Export, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 20737-1231;

(301)734-4356. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 94 (referred to below as the regulations) govern the importation of specified animals and animal products into the United States in order to prevent the introduction of various animal diseases including rinderpest, foot-and-mouth disease (FMD), African swine fever, hog cholera, and swine vesicular disease. These are dangerous and destructive communicable diseases of ruminants and swine. Section 94.1 of the regulations lists regions of the world that are declared free of rinderpest or free of both rinderpest and FMD. Rinderpest or FMD exists in all other regions of the world not listed. Section 94.11 of the regulations lists regions of the world that have been declared free of rinderpest and FMD, but that are subject to certain restrictions because of their proximity to or trading relationships with rinderpest- or FMD-affected regions. Prior to the effective date of this interim rule, Great Britain (England, Scotland, Wales, and Isle of Man) and Northern Ireland were listed in §§ 94.1 and 94.11 as regions considered to be free of rinderpest and FMD. However, on February 19, 2001, a suspected outbreak of FMD was detected in Essex, England. On February 12, 2001, the Chief Veterinary Officer of United Kingdom's Ministry of Agriculture, Fisheries and Food

(MAFF)notified us and the Office International des Epizooties

(OIE)with clinical confirmation of the FMD diagnosis. Additional outbreaks of FMD have subsequently been confirmed elsewhere in Great Britain. On February 27, 2001, a suspected outbreak of FMD was detected in Meigh, County Armagh, Northern Ireland. Northern Ireland's Agriculture Minister reported clinical confirmation of the FMD diagnosis on March 1, 2001. MAAF and Northern Ireland's Department of Agriculture and Rural Development (NIDARD) are still investigating the virus' mode of introduction into the affected areas and are conducting extensive surveillance outside the quarantined areas to ensure that the disease is confined to those locations within the quarantined areas where the outbreaks are known to have occurred. Until the results of the epidemiological investigation and the surveillance activities are known, we believe that it is necessary to impose restrictions on all of Great Britain (England, Scotland, Wales, and Isle of Man) and Northern Ireland to protect the livestock of the United States from FMD. Therefore, we are amending the regulations in § 94.1 by removing Great Britain (England, Scotland, Wales, and Isle of Man) and Northern Ireland from the list of regions that have been declared to be free of rinderpest and FMD. We are also removing Great Britain (England, Scotland, Wales, and Isle of Man) and Northern Ireland from the list in § 94.11 of regions that are declared to be free of these diseases, but that are subject to certain restrictions because of their proximity to or trading relationships with rinderpest- or FMD-affected regions. As a result of this action, the importation into the United States of any ruminant or swine and any fresh (chilled or frozen) meat and other products of ruminants and swine from any part of Great Britain (England, Scotland, Wales, and Isle of Man) and Northern Ireland is prohibited or restricted. We are making these amendments effective retroactively to January 15, 2001, because the disease may have been present in the affected areas for some time before it was initially detected. Although we are removing Great Britain (England, Scotland, Wales, and Isle of Man) and Northern Ireland from the list of regions considered to be free of rinderpest and FMD, we recognize the MAFF and NIDARD responded immediately to the detection of FMD by imposing restrictions on the movement of ruminants, swine, and ruminant and swine products from the affected areas and by initiating measures to eradicate the disease. We intend to reassess this situation at a future date in accordance with the standard of the OIE. As part of that reassessment process, we will consider all comments received on this interim rule. This future reassessment will enable us to determine whether it is necessary to continue to prohibit or restrict the importation of ruminants or swine and any fresh (chilled or frozen) meat and other products of ruminants or swine from Great Britain and Northern Ireland, or whether we can restore Great Britain and Northern Ireland to the list of regions in which FMD is not known to exist, or regionalize portions of Great Britain or Northern Ireland as FMD-free. Emergency Action This rulemaking is necessary on an emergency basis to prevent the introduction of FMD into the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments that are received within 60 days of publication of this rule in the **Federal Register** . After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule as a result of the comments. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process required by Executive Order 12866. We are amending the regulations governing the importation of certain animals, meat, and other animal products by removing Great Britain (England, Scotland, Wales, and Isle of Man) and Northern Ireland from the list of regions considered to be free of rinderpest and FMD. We are taking this action because the existence of FMD has been confirmed there. The effect of this action is to prohibit or restrict the importation of any ruminant or swine and any fresh (chilled or frozen) meat and other products of ruminants or swine into the United States from Great Britain or Northern Ireland on or after January 15, 2001. This action is necessary to protect the livestock of the United States from FMD. This emergency situation makes timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a final regulatory flexibility analysis. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has retroactive effect to January 15, 2001; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 94 as follows: PART 94—RINDERPEST, FOOT-AND-MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 1. The authority citation for part 94 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. 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.4. § 94.1 [Amended] 2. In § 94.1, paragraph (a)(2) is amended by removing the words “Great Britain (England, Scotland, Wales, and Isle of Man)” and “Northern Ireland,”. § 94.11 [Amended] 3. In § 94.11, paragraph

(a)is amended by removing the words “Great Britain (England, Scotland, Wales, and Isle of Man)” and “Northern Ireland,”. Done in Washington, DC, this 9th day of March 2001. Bobby R. Acord, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 01-6403 Filed 3-13-01; 8:45 am]

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