Unknown. Interim final rule with request for comments

3,277 words·~15 min read·/register/2001/05/16/01-12249

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-2001-05-16.xml --- 66 95 Wednesday, May 16, 2001 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Fresh russet potato diversion program; 2000 crop, 27045 01-12389 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Business-Cooperative Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Bonneville Bonneville Power Administration NOTICES Environmental statements; notice of intent:

McNary-John Day Transmission Line Project, WA and OR, 27083-27084 01-12332 Census Census Bureau NOTICES Meetings: African American, American Indian and Alaska Native, Asian, Native Hawaiian and Other Pacific Islander, and Hispanic Populations Census Advisory Committees, 27062 01-12248 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 27145-27146 01-12372 Submission for OMB review; comment request, 27146-27147 01-12373 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:

Head Start— Family Worker Training and Credentialing Initiative; correction, 27147 01-12283 Coast Guard Coast Guard RULES Drawbridge operations: Louisiana, 27025-27026 01-12238 PROPOSED RULES Ports and waterways safety: Notification of arrival; addition of charterer to required information Correction, 27216 C1-10838 Commerce Commerce Department See Census Bureau See Economics and Statistics Administration See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-12252 01-12253 27061-27062 01-12254 01-12255 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories: African Growth and Opportunity Act and Caribbean Basin Trade Partnership Act; short supply requests— Yarns of 55 percent polyester staple fibers and 45 percent worsted wool, 27078-27079 01-12441 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities:

Proposed collection; comment request, 27079 01-12242 Defense Defense Department See Navy Department RULES Federal Acquisition Regulation (FAR): Electronic commerce in Federal procurement, 27406-27414 01-12244 Introduction, 27405-27407 01-12243 Nondisplacement of qualified workers under certain contracts; EO revocation, 27415-27417 01-12246 Preservation of open competition and government neutrality towards government contractors’ labor relations, 27413-27416 01-12245 Small entity compliance guide, 27416-27418 01-12247 Economics Economics and Statistics Administration NOTICES Meetings:

Decennial Census Advisory Committee, 27062-27063 01-12381 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 27080 01-12259 Grants and cooperative agreements; availability, etc.: Arts in Education Model Development and Dissemination Program, 27419-27440 01-12329 Vocational and adult education— Tribally Controlled Postsecondary Vocational and Technical Institutions Program, 27080-27081 01-12328 Workplace and Community Transition Grants for Incarcerated Youth Offenders Program;

State grants, 27081-27082 01-12403 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.: Nonproliferation and National Security University Research Initiative, 27082 01-12331 U.S. collegiate solar car race competitions; event organizer, 27082-27083 01-12330 Privacy Act: Systems of records, 27299-27388 01-11673 EPA Environmental Protection Agency RULES Air programs: Ambient air quality standards, national— Weirton, WVA nonattainment area, 27034-27036 01-12349 Air programs;

State authority delegations: New Hampshire, 27032-27034 01-12039 Air quality implementation plans; approval and promulgation; various States: Missouri, 27028-27032 01-12356 Air quality planning purposes; designation of areas: Missouri and Illinois; effective date delay, 27036-27040 01-12353 Hazardous waste: Mixed waste; storage, treatment, transportation, and disposal, 27217-27266 01-11408 Hazardous wastes: Identification and listing— Mixture and derived-from rules; treatment, storage, or disposal, 27265-27297 01-11411 Water supply:

Public water systems; unregulated contaminant monitoring regulation; clarifications and List 2 contaminants analytical methods Correction, 27215-27216 C1-59 PROPOSED RULES Air programs: Ambient air quality standards, national— Spokane, WA; nonattainment area, 27055-27058 01-12357 Weirton, WVA nonattainment area, 27058 01-12350 Air programs; State authority delegations: New Hampshire, 27055 01-12040 Air quality implementation plans; approval and promulgation; various States: Alabama, 27047-27051 01-12355 Pennsylvania, 27051-27055 01-12354 NOTICES Air quality; prevention of significant deterioration (PSD);

Permit determinations, etc.— Midway Sunset Cogeneration Co., 27116 01-12358 Meetings: Bt corn insect resistance management framework development; workshop series, 27116-27117 01-11837 Executive Executive Office of the President See National Drug Control Policy Office FAA Federal Aviation Administration RULES Airworthiness directives: Air Tractor, Inc., 27014-27017 01-11968 General Electric Co., 27017-27020 01-12006 Airworthiness standards: European Joint Aviation requirements; transport category airplanes— Hydraulic systems standards revision to harmonize with European standards, 27395-27403 01-12232 Transport category airplanes— Landing gear shock absorption test requirements, 27389-27394 01-12231 NOTICES Exemption petitions; summary and disposition, 27194 01-12237 Meetings:

RTCA, Inc., 01-12233 27194-27196 01-12234 01-12235 01-12236 Reports and guidance documents; availability, etc.: Flight deck certification; applicant's human factors methods of compliance; review; policy statement, 27196-27211 01-12275 FCC Federal Communications Commission RULES Radio stations; table of assignments: California, 27040-27041 01-12271 Georgia, 27040-27040 01-12270 01-12272 Minnesota, 27042 01-12266 Pennsylvania, 27041-27042 01-12269 PROPOSED RULES Radio stations; table of assignments:

Idaho and Montana, 27059 01-12267 Michigan, 27058-27059 01-12268 FDIC Federal Deposit Insurance Corporation NOTICES Privacy Act: Systems of records, 27117-27143 01-12209 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 01-12296 27090-27116 01-12299 01-12300 01-12301 01-12302 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 27084 01-12289 ANR Pipeline Co., 27084 01-12295 East Tennessee Natural Gas Co., 27084-27085 01-12288 Kern River Gas Transmission Co., 27085 01-12290 Michigan and Michigan Public Service Commission, 27085-27086 01-12298 Northwest Pipeline Corp., 27086 01-12297 NUI Corp./NUI Utilities, Inc., et al., 27086-27087 01-12284 Ohio Valley Hub, LLC, 27087 01-12285 Overthrust Pipeline Co., 27087-27088 01-12293 Questar Pipeline Co., 27088 01-12292 Southern Natural Gas Co., 27088 01-12287 TransColorado Gas Transmission Co., 27089 01-12291 Transcontinental Gas Pipe Line Corp., 27089 01-12294 Williston Basin Interstate Pipeline Co., 27089-27090 01-12286 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.:

Douglas County, CO, 27211-27212 01-12344 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 27143 01-12370 Ocean transportation intermediary licenses: Agency International Forwarding, Inc., et al., 27143-27144 01-12369 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor carrier safety standards: For-hire motor property and passenger carriers, property brokers and freight forwarders operating in interstate or foreign commerce; registration; withdrawn, 27059-27060 01-12348 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 27144 01-12377 Formations, acquisitions, and mergers, 27144 01-12376 Permissible nonbanking activities, 27144-27145 01-12263 Fish Fish and Wildlife Service NOTICES Environmental statements; notice of intent: Leelanau County, MI; land exchange on South Fox Island, 27154-27155 01-12335 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Narasin, nicarbazin, and bambermycins, 27022-27023 01-12229 Food additives: Secondary direct food additives— Alpha-acetolactate decarboxylase enzyme preparation, 27020-27022 01-12225 Medical devices:

Gastroenterology-urology devices— Tissue culture media for human ex vivo tissue and cell culture processing applications; classification, 27023-27025 01-12227 NOTICES Agency information collection activities: Submission for OMB review; comment request, 27147-27149 01-12277 Food additives: Patent extension; regulatory review period determinations— Uvasorb HA88, 27149-27150 01-12228 Reports and guidance documents; availability, etc.: Medical devices— Medical devices classification, 27150-27151 01-12226 GSA General Services Administration RULES Federal Acquisition Regulation (FAR):

Electronic commerce in Federal procurement, 27406-27414 01-12244 Introduction, 27405-27407 01-12243 Nondisplacement of qualified workers under certain contracts; EO revocation, 27415-27417 01-12246 Preservation of open competition and governments neutrality towards government contractors’ labor relations, 27413-27416 01-12245 Small entity compliance guide, 27416-27418 01-12247 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Care Financing Administration See National Institutes of Health See Public Health Service Health Health Care Financing Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 27151 01-12342 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 27152-27153 01-12240 Submission for OMB review; comment request, 27153-27154 01-12241 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Weber Dam Repair and Modification Project, NV, 27155-27156 01-12371 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International International Trade Administration NOTICES Antidumping:

Brake rotors from— China, 27063-27065 01-12379 Circular welded non-alloy steel pipe from— Mexico, 27065-27066 01-12380 Stainless steel sheet and strip in coils from— Italy, 27066 01-12378 Justice Justice Department See Victims of Crime Office Land Land Management Bureau RULES Geothermal resources leasing and operations; correction, 27040 01-12276 NOTICES Alaska Native claims selection: Evans Egowa, Heirs, Devisees, and/or Assigns, 27156 01-12257 Meetings: Resource Advisory Councils— Southwest, 27156 01-12258 Resource management plans, etc.:

Churchill County, NV, 27156-27157 01-11874 Survey plat filings: Wyoming, 01-12273 27157 01-12274 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation (FAR): Electronic commerce in Federal procurement, 27406-27414 01-12244 Introduction, 27405-27407 01-12243 Preservation of open competition and government neutrality towards government contractors’ labor relations, 27413-27416 01-12245 Small entity compliance guide, 27416-27418 01-12247 National Archives National Archives and Records Administration RULES Records disposition; technical amendments, 27026-27028 01-12265 National Drug National Drug Control Policy Office NOTICES Committees; establishment, renewal, termination, etc.:

Drug Free Communities Advisory Commission, 27117 01-12343 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities: Submission for OMB review; comment request, 27166 01-12262 NIH National Institutes of Health NOTICES Meetings: Scientific Review Center, 27151-27152 01-12260 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic zone— Gulf of Alaska groundfish, 27043-27044 01-12365 Northeastern United States fisheries— Atlantic bluefish, 27043 01-12325 Marine mammals:

Atlantic large whale take reduction plan, 27042-27043 01-12326 NOTICES Agency information collection activities: Proposed collection; comment request, 01-12361 27067-27069 01-12362 01-12364 01-12366 Endangered and threatened species: Incidental take permits— Nez Perce Indian Tribe; Imnaha River basin population of Snake River spring/summer chinook salmon, 27069-27070 01-12360 Grants and cooperative agreements; availability, etc.: Climate and Global Change Program, 27070-27075 01-12347 Meetings:

New England Fishery Management Council, 27075 01-12367 Pacific Fishery Management Council, 27075-27076 01-12368 Permits: Endangered and threatened species, 27076-27078 01-12363 Navy Navy Department NOTICES Meetings: Chief of Naval Operations Executive Panel, 27079-27080 01-12341 Nuclear Nuclear Regulatory Commission PROPOSED RULES Practice and procedure: Adjudicatory process changes, 27045-27046 01-12338 NOTICES Environmental statements; availability, etc.: Global X-ray & Testing Corp. et al., 27167-27168 01-12339 Nuclear Fuel Services, Inc., 27168-27174 01-11755 Meetings:

Reactor Safeguards Advisory Committee, 27174 01-12337 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 27174-27184 01-12192 *Applications, hearings, determinations, etc.:* Tennessee Valley Authority et al., 27166-27167 01-12340 Postal Postal Service NOTICES Meetings; Sunshine Act, 27184 01-12477 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Reports and guidance documents; availability, etc.:

National Toxicology Program— Endocrine disrupting chemicals; low-dose reproductive and development effects and dose-response relationships, 27152 01-12261 Rural Rural Business-Cooperative Service RULES Grants: Rural Business Enterprise and Television Demonstration Programs, 27013-27014 01-12249 SEC Securities and Exchange Commission NOTICES Joint industry plan: American Stock Exchange LLC et al., 27184-27187 01-12250 Self-regulatory organizations; proposed rule changes: American Stock Exchange Inc., 27187-27188 01-12281 Chicago Stock Exchange, Inc., 27188-27190 01-12280 Government Securities Clearing Corp., 27190-27192 01-12251 Stock Clearing Corp. of Philadelphia, 27193 01-12279 State State Department PROPOSED RULES Exchange Visitor Program:

Au Pair Program, 27046-27047 01-12375 NOTICES Foreign terrorist organizations; designation, 27441-27442 01-12612 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-12382 27213-27214 01-12383 *Applications, hearings, determinations, etc.:* Globe Bancorp, Inc., 27214 01-12264 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Thrift Supervision Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-12333 27212-27213 01-12334 Victims Victims of Crime Office NOTICES Grants and cooperative agreements; availability, etc.: Crime victim compensation program, 27158-27166 01-12256 Separate Parts In This Issue Part II Environmental Protection Agency, 27217-27297 01-11408 01-11411 Part III Department of Energy, 27299-27388 01-11673 Part IV Department of Transportation, Federal Aviation Administration, 27389-27394 01-12231 Part V Department of Transportation, Federal Aviation Administration, 27395-27403 01-12232 Part VI Department of Defense, General Services Administration, National Aeronautics and Space Administration, 27405-27418 01-12244 01-12245 01-12246 01-12247 Part VII Department of Education, 27419-27440 01-12329 Part VIII Department of State, 27441-27442 01-12612 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 95 Wednesday, May 16, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service 7 CFR Part 1942 RIN 0570-AA32 Rural Business Enterprise Grants and Television Demonstration Grants AGENCY:

Rural Business-Cooperative Service, USDA. ACTION: Interim final rule with request for comments. SUMMARY: The Rural Business-Cooperative Service

(RBS)is amending the Rural Business Enterprise Grant

(RBEG)Program regulation by revising the definition of small and emerging private business enterprise. The current definition burdens the grantee by placing too many eligibility restrictions on the businesses to be assisted by the grantee. This amendment will ensure the grantee can assist small businesses in rural areas without eligibility restrictions for the use of technological innovations or commercialization of new products or processes. DATES: Effective May 16, 2001. Comments must be received on or before July 16, 2001. *Applicability Date:* The small business definition change will be retroactive starting August 11, 1988. ADDRESSES: Written comments may be submitted, in duplicate, to the Regulations and Paperwork Management Branch, Attention Cheryl Thompson, Rural Development, U.S. Department of Agriculture, STOP 0742, 1400 Independence Avenue SW., Washington, DC 20250-0742. Comments may be submitted via the Internet by addressing them to *comments@rus.usda.gov* and must contain the word “small” in the subject. All written comments will be available for public inspection during normal working hours at 300 E Street, SW., Washington, DC. FOR FURTHER INFORMATION CONTACT: Amy Cavanaugh, Rural Development Specialist, Specialty Lenders Division, Rural Business-Cooperative Service, U.S. Department of Agriculture, STOP 3225, 1400 Independence Ave. SW., Washington, DC 20250, Telephone

(202)690-2516. The TTD number is

(800)877-8339 or

(202)708-9300. SUPPLEMENTARY INFORMATION: Classification This rule has been determined to be non-significant and has not been reviewed by the Office of Management and Budget. Programs Affected The Catalog of Federal Domestic Assistance number for the program impacted by this action is 10.769, Rural Development Grants. Paperwork Reduction Act There are no reporting and recordkeeping requirements associated with this interim rule. Intergovernmental Review The RBEG Program is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with state and local officials. RBS will conduct intergovernmental consultation in the manner delineated in RD Instruction 1940-J, “Intergovernmental Review of Rural Development Programs and Activities,” and in 7 CFR part 3015, subpart V. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-602), the undersigned has determined and certified by signature of this document that this rule will not have a significant economic impact on a substantial number of small entities. New provisions included in this rule will not impact a substantial number of small entities to a greater extent than large entities. Therefore, a regulatory flexibility analysis was not performed. Civil Justice Reform This interim rule has been reviewed under Executive Order 12988, Civil Justice Reform. In accordance with this rule:

(1)All State and local laws and regulations that are in conflict with this rule will be preempted;

(2)retroactive effect will be given to this rule starting August 11, 1988; and

(3)administrative proceedings in accordance with the regulations of the Agency at 7 CFR part 11 must be exhausted before bringing suit in court challenging action taken under this rule unless those regulations specifically allow bringing suit at an earlier time. Environmental Impact Statement This document has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” RBS has determined that this proposed action does not constitute a major Federal action significantly affecting the quality of the human environment, and in accordance with the National Environmental Policy Act of 1969, 42 U.S.C. 4321 *et seq.* an Environmental Impact Statement is not required. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. Under section 202 of the UMRA, RBS must prepare a written statement, including a cost-benefit analysis, for proposed and final rules with “Federal mandates” that may result in expenditures to state, local or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of UMRA generally requires RBS to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates (under the regulatory provisions of title II of the UMRA) 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 UMRA. Background This regulatory package is an Agency initiative to make the RBEG Program more effective at stimulating economic development by reducing certain eligibility requirements for small and emerging private business enterprise (small business) located in rural areas. There has been much confusion on the definition of small business since it was first published in the **Federal Register** , August 11, 1988. At that time, the RBEG Program was called the Industrial Development Grant Program. The name of the program was changed in 1992 and still contained the small business definition. The RBEG Program has been administered by two separate agencies since inception of the program. The Farmers Home Administration

(FmHA)originally administered the RBEG Program. In 1996, it was transferred to RBS. FmHA misinterpreted the definition of small business in its regulations as only needing to meet the first two parts of the definition in order to be eligible for assistance and funded grants based on this misinterpretation. RBS has recently determined the FmHA interpretation is not consistent with the actual regulatory language. Therefore, the Agency wants to correct the definition language and make it retroactive starting August 11, 1988, so the reversed definition will be applicable to existing grants. Retroactive application of the definition will validate existing grants, which might not otherwise have been eligible under a strict application of the regulatory criteria defining a small business. This will ultimately streamline the regulation and reduce the burden to the applicant in meeting the restricted definition. Discussion of Interim Final Rule It is the policy of this Department that rules relating to public property, loans, grants, benefits or contracts shall be published for comment notwithstanding the exemption of 5 U.S.C. 553 with respect to such rules. However, it would be contrary to the public interest to wait for public comment before implementing the revision to the small business definition. There is an immediate need to provide funds to the public to help alleviate the lack of money available for economic development in rural areas and to alleviate confusion caused by past misinterpretation and misapplication of regulatory requirements. Using the FmHA interpretation of the small business definition will allow more small businesses to stimulate the economy and provide jobs. Comments will be accepted for 60 days after publication of this interim final rule and will be considered in the development of the final rule. List of Subjects in 7 CFR Part 1942 Business and industry, Grant programs—Housing and community development, Industrial park, Rural areas. Therefore, chapter XVIII, title 7, Code of Federal Regulations, is amended as follows: PART 1942—ASSOCIATIONS 1. The authority citation for part 1942 is revised to read as follows: Authority: 5 U.S.C. 301, 7 U.S.C. 1932, 7 U.S.C. 1989, and 16 U.S.C. 1005. Subpart G—Rural Business Enterprise Grants and Television Demonstration Grants 2. Section 1942.304 is amended by revising the definition of *small and emerging private business enterprise* to read as follows: § 1942.304 Definitions. *Small and emerging private business enterprise. * Any private business which will employ 50 or fewer new employees and has less than $1 million in projected gross revenues. Dated: May 9, 2001. Dawn R. Riley, Acting Deputy Under Secretary. [FR Doc. 01-12249 Filed 5-15-01; 8:45 am]

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