Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-05-30.xml --- 66 104 Wednesday, May 30, 2001 Contents Agricultural Agricultural Marketing Service RULES Cotton classing, testing, and standards: Classification services to growers; 2001 user fees, 29215-29216 01-13562 Papayas grown in— Hawaii, 29216-29219 01-13472 Agriculture Agriculture Department See Agricultural Marketing Service See Farm Service Agency See Food and Nutrition Service See Forest Service See Rural Housing Service Army Army Department NOTICES Meetings:

Science Board, 29295 01-13533 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 29328-29330 01-13464 01-13465 Grants and cooperative agreements; availability, etc.: National Breast and Cervical Cancer Early Detection Program, 01-13497 29330-29336 01-13498 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Guatemala, 29293 01-13479 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 01-13695 29293 01-13696 Defense Defense Department See Army Department See Defense Logistics Agency See Navy Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 29293-29294 01-13458 Meetings: Military Personnel Testing Advisory Committee, 29294 01-13459 Science Board task forces, 29294 01-13460 Scientific Advisory Board, 29294-29295 01-13461 Defense Defense Logistics Agency NOTICES Privacy Act:

Systems of records, 29295-29299 01-13457 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Mallinckrodt, Inc., 01-13446 29344-29345 01-13447 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Community Technology Centers Program, 29423-29443 01-13550 Public Charter Schools Program, 29300-29301 01-13551 Privacy Act: Systems of records, 29419-29422 01-13552 Special education and rehabilitative services:

Blind vending facilities under Randolph-Sheppard Act— Arbitration panel decisions, 29301-29303 01-13468 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Paducah Gaseous Diffusion Plant, KY, 29303 01-13499 Energy Energy Efficiency and Renewable Energy Office NOTICES Committees; establishment, renewal, termination, etc.: Electricity Advisory Board, 29303 01-13516 EPA Environmental Protection Agency RULES Air quality planning purposes; designation of areas:

Arizona, 29230-29236 01-13512 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Pennsylvania, 29270-29276 01-13513 NOTICES Grants and cooperative agreements; availability, etc.: Chesapeake Bay Program, 29308 01-13511 Coastal recreation waters adjacent to beaches; microbiological testing and monitoring, 29308-29310 01-13509 Pesticide, food, and feed additive petitions: Aventis CropScience, 29313-29317 01-13420 Interregional Research Project (No.4), 29317-29321 01-13515 Pesticide registration, cancellation, etc.:

Diazinon, 29310-29313 01-13514 Pesticides; experimental use permits, etc.: KIM-C1, LLC, 29321-29322 01-13279 Superfund; response and remedial actions, proposed settlements, etc.: Service First Barrel and Drum Site, UT, 29322 01-13510 Farm Farm Service Agency NOTICES Agency information collection activities: Proposed collection; comment request, 29282 01-13535 FAA Federal Aviation Administration RULES Aircraft products and parts; certification procedures: Changed products; type certification procedures; comment disposition, 29415-29417 01-13307 PROPOSED RULES Airworthiness directives:

Fairchild, 29268-29270 01-13466 FCC Federal Communications Commission RULES Radio stations; table of assignments: Arizona, 29237-29238 01-13453 Kentucky, 29236-29237 01-13449 Michigan, 29237 01-13452 Missouri, 29237 01-13450 NOTICES Agency information collection activities: Proposed collection; comment request, 29322-29323 01-13456 Submission for OMB review; comment request, 29323-29325 01-13454 01-13455 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Idaho Power Co. et al., 29304-29306 01-13480 Hydroelectric applications, 29307 01-13483 *Applications, hearings, determinations, etc.:* Columbia Gas Transmission Corp., 29303-29304 01-13482 Transok, LLC, 29304 01-13481 Federal Reserve Federal Reserve System NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 29325 01-13475 Banks and bank holding companies: Change in bank control, 29325-29326 01-13478 01-13559 Formations, acquisitions, and mergers, 29326 01-13558 Formations, acquisitions, and mergers; correction, 29326 01-13476 Permissible nonbanking activities, 29326-29327 01-13477 Meetings;

Sunshine Act, 29327 01-13638 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 29327-29328 01-13556 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Riverside fairy shrimp, 29383-29414 01-13337 Food Food and Drug Administration NOTICES Meetings: Medical Devices Advisory Committee, 29336 01-13639 Food Food and Nutrition Service NOTICES Food distribution programs: Donated beef and pork substitution with commercial beef and pork; demonstration project, 29282-29284 01-13520 Foreign Foreign Assets Control Office RULES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations Additional designations, removals, and supplementary information on specially designated narcotics traffickers, etc., 29229-29230 01-13451 NOTICES Agency information collection activities:

Proposed collection; comment request, 01-13518 29379-29380 01-13519 Forest Forest Service NOTICES Meetings: Lake Tahoe Basin Federal Advisory Committee, 29284 01-13463 GAO General Accounting Office NOTICES Committees; establishment, renewal, termination, etc.: Medicare Payment Advisory Commission, 29328 01-13445 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Public Health Service Housing Housing and Urban Development Department NOTICES Reports and guidance documents; availability, etc.:

Public Housing Assessment System; management scores and PHAS advisory scores; meetings, 29342-29343 01-13487 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service NOTICES Meetings: Special Enrollment Examination Advisory Committee, 29380-29381 01-13537 International International Trade Administration NOTICES Agency information collection activities: Proposed collection; comment request, 29284-29285 01-13523 Antidumping:

Canned pineapple fruit from— Thailand, 29285 01-13549 Polyvinyl alcohol from— Japan, 29286 01-13548 International International Trade Commission NOTICES Import investigations: Ammonium nitrate from— Ukraine, 29344 01-13467 Justice Justice Department See Drug Enforcement Administration Land Land Management Bureau NOTICES Recreation management restrictions, etc.: El Mirage Cooperative Management Area et al., CA; firewood containing nails, screws, etc.; use prohibition, 29343 01-13557 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 29345-29346 01-13494 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle theft prevention standards; exemption petitions, etc.:

Ford Motor Co., 29374-29376 01-13553 National Institute National Institute of Standards and Technology RULES National Voluntary Laboratory Accreditation Program; operating procedures, 29219-29224 01-13448 NOTICES Information processing standards, Federal: Secure Hash Standard, 29287 01-13522 NIH National Institutes of Health NOTICES Agency information collection activities: Proposed collection; comment request, 29336-29337 01-13484 Meetings: National Cancer Institute, 01-13539 01-13540 29337-29338 01-13542 National Center For Complementary and Alternative Medicine, 29338 01-13546 National Institute of Environmental Health Sciences, 29338 01-13543 National Institute of General Medical Sciences, 29338 01-13541 National Institute of Mental Health, 29339-29340 01-13547 National Institute of Neurological Disorders and Stroke, 29338-29339 01-13544 National Institute on Alcohol Abuse and Alcoholism, 29339 01-13545 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 29241-29242 01-13517 Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 29238 01-13534 West Coast States and Western Pacific fisheries— West Coast salmon, 29238-29241 01-13431 PROPOSED RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 29276-29281 01-13525 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— North American Natural Gas Pipeline Group;

Beaufort Sea, AK; shallow-water hazard activities; bowhead whales, etc., 29287-29293 01-13524 Navy Navy Department NOTICES Meetings: Chief of Naval Operations Executive Panel, 29299-29300 01-13462 Nuclear Nuclear Regulatory Commission PROPOSED RULES Material control and accounting regulations; reporting requirements, 29251-29268 01-13490 Production and utilization facilities; domestic licensing: Nuclear power plants; decommissioning trust provisions, 29244-29251 01-13489 Rulemaking petitions:

Natural Resources Defense Council; denied, 29243-29244 01-13493 NOTICES Agency information collection activities: Proposed collection; comment request, 29346-29347 01-13492 Submission for OMB review; comment request, 29347 01-13491 Environmental statements; availability, etc.: Duke Energy Corp., 29347-29348 01-13606 Meetings: Reactor Safeguards Advisory Committee, 29348-29349 01-13488 Meetings; Sunshine Act, 29349 01-13605 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 29349-29367 01-13400 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES National Toxicology Program:

Carcinogens Report, Ninth Edition— Agents, substances, or mixtures newly listed, upgraded, or delisted, 29340-29342 01-13485 Research Research and Special Programs Administration NOTICES Hazardous materials transportation: Preemption determinations— Boston & Maine Corp., 29376-29377 01-13554 Rural Rural Housing Service NOTICES Agency information collection activities: Proposed collection; comment request, 29282 01-13535 SEC Securities and Exchange Commission RULES Investment companies and advisers:

Electronic recordkeeping, 29224-29229 01-13526 NOTICES Decimalization implementation plan; order to submit, 29368 01-13473 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 29369 01-13531 American Stock Exchange LLC; correction, 29369 01-13474 Chicago Board Options Exchange, Inc., 29369-29372 01-13530 01-13532 International Securities Exchange LLC, 29373-29374 01-13529 *Applications, hearings, determinations, etc.:* Keystone Property Trust, 29367 01-13527 OTR Express, Inc., 29367-29368 01-13528 SBA Small Business Administration NOTICES Disaster loan areas:

Iowa, 29374 01-13561 Puerto Rico, 29374 01-13560 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration NOTICES Aviation proceedings: Agreements filed; weekly receipts, 29374 01-13555 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-13469 29377-29379 01-13470 01-13471 Separate Parts In This Issue Part II Department of Interior, Fish and Wildlife Service, 29383-29414 01-13337 Part III Department of Transportation, Federal Aviation Administration, 29415-29417 01-13307 Part IV Department of Education, 29419-29422 01-13552 Part V Department of Education, 29423-29443 01-13550 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. 66 104 Wednesday, May 30, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 28 [CN-00-010] RIN 0581-AB57 Revision of User Fees for 2001 Crop Cotton Classification Services to Growers AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service

(AMS)will maintain user fees for cotton producers for 2001 crop cotton classification services under the Cotton Statistics and Estimates Act at the same level as in 2000. This is in accordance with the formula provided in the Uniform Cotton Classing Fees Act of 1987. The 2000 user fee for this classification service was $1.35 per bale. This final rule would maintain the fee for the 2001 crop at $1.35 per bale. The fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision. EFFECTIVE DATE: July 1, 2001. FOR FURTHER INFORMATION CONTACT: Darryl Earnest, Cotton Program, 202-720-2145. SUPPLEMENTARY INFORMATION: A proposed rule detailing the revisions was published in the **Federal Register** on April 23, 2001. (66 FR 20408). A 15-day comment period was provided for interested persons to respond to the proposed rule. No comments were received, and no changes have been made in the provisions of the final rule. This final rule has been determined to be not significant for purposes of Executive Order 12866; and, it has not been reviewed by the Office of Management and Budget (OMB). This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. This rule would not preempt any state or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. There are no administrative procedures that must be exhausted prior to any judicial challenge to the provisions of this rule. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ) AMS has considered the economic impact of this action on small entities and has determined that its implementation will not have a significant economic impact on a substantial number of small businesses. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be disproportionately burdened. There are an estimated 35,000 cotton growers in the U.S. who voluntarily use the AMS cotton classing services annually, and the majority of these cotton growers are small businesses under the criteria established by the Small Business Administration (13 CFR § 121.201). Continuing the user fee at the 2000 crop level will not significantly affect small businesses as defined in the RFA because:

(1)The fee represents a very small portion of the cost-per-unit currently borne by those entities utilizing the services (the 2000 user fee for classification services was $1.35 per bale; the fee for the 2001 crop will be maintained at $1.35 per bale; the 2001 crop is estimated at 18,337,850 bales);

(2)The fee for services will not affect competition in the marketplace; and

(3)The use of classification services is voluntary. For the 2000 crop, 17,219,500 bales were produced; and, virtually all of them were voluntarily submitted by growers for the classification service.

(4)Based on the average price paid to growers for cotton from the 1999 crop of 45 cents per pound, 500 pound bales of cotton are worth an average of $225 each. The user fee for classification services, $1.35 per bale, is less than one percent of the value of an average bale of cotton. Paperwork Reduction Act In compliance with OMB regulations (5 CFR part 1320), which implement the Paperwork Reduction Act

(PRA)(44 U.S.C. 3501 *et seq.* ), the information collection requirements contained in the provisions to be amended by this final rule have been previously approved by OMB and were assigned OMB control number 0581-0009 under the Paperwork Reduction Act (44 U.S.C. 3501 *et seq.* ). These changes will be made effective July 1, 2001, as provided by the Cotton Statistics and Estimates Act. Fees for Classification under the Cotton Statistics and Estimates Act of 1927 The user fee charged to cotton producers for High Volume Instrument

(HVI)classification services under the Cotton Statistics and Estimates Act (7 U.S.C. 473a) was $1.35 per bale during the 2000 harvest season, as determined by using the formula provided in the Uniform Cotton Classing Fees Act of 1987, as amended by Public Law 102-237. The fees cover salaries, costs of equipment and supplies, and other overhead costs, including costs for administration, and supervision. This final rule establishes the user fee charged to producers for HVI classification at $1.35 per bale during the 2001 harvest season. Public Law 102-237 amended the formula in the Uniform Cotton Classing Fees Act of 1987 for establishing the producer's classification fee so that the producer's fee is based on the prevailing method of classification requested by producers during the previous year. HVI classing was the prevailing method of cotton classification requested by producers in 2000. Therefore, the 2001 producer's user fee for classification service is based on the 2000 base fee for HVI classification. The fee was calculated by applying the formula specified in the Uniform Cotton Classing Fees Act of 1987, as amended by Public Law 102-237. The 2000 base fee for HVI classification exclusive of adjustments, as provided by the Act, was $2.17 per bale. An increase of 2.26 percent, or 5 cents per bale increase due to the implicit price deflator of the gross domestic product added to the $2.17 would result in a 2001 base fee of $2.22 per bale. The formula in the Act provides for the use of the percentage change in the implicit price deflator of the gross national product (as indexed for the most recent 12-month period for which statistics are available). However, gross *national* product has been replaced by the gross *domestic* product by the Department of Commerce as a more appropriate measure for the short-term monitoring and analysis of the U.S. economy. The number of bales to be classed by the United States Department of Agriculture from the 2001 crop is estimated at 18,337,850 bales. The 2001 base fee was decreased 15 percent based on the estimated number of bales to be classed (1 percent for every 100,000 bales or portion thereof above the base of 12,500,000, limited to a maximum adjustment of 15 percent). This percentage factor amounts to a 33 cents per bale reduction and was subtracted from the 2001 base fee of $2.22 per bale, resulting in a fee of $1.89 per bale. With a fee of $1.89 per bale, the projected operating reserve would be 51.56 percent. The Act specifies that the Secretary shall not establish a fee which, when combined with other sources of revenue, will result in a projected operating reserve of more than 25 percent. Accordingly, the fee of $1.89 must be reduced by 54 cents per bale, to $1.35 per bale, to provide an ending accumulated operating reserve for the fiscal year of 25 percent of the projected cost of operating the program. This would establish the 2001 season fee at $1.35 per bale. Accordingly, § 28.909, paragraph

(b)would reflect the continuation of the HVI classification fee at $1.35 per bale. As provided for in the Uniform Cotton Classing Fees Act of 1987, as amended, a 5 cent per bale discount would continue to be applied to voluntary centralized billing and collecting agents as specified in § 28.909 (c). Growers or their designated agents requesting classification data provided on computer punched cards will continue to be charged the fee of 10 cents per card in § 28.910

(a)to reflect the costs of providing this service. Requests for punch card classification data represented less than 1.0 percent of the total bales classed from the 2000 crop, down from 2.6 percent in 1997. Growers or their designated agents receiving classification data by methods other than computer-punched cards would continue to incur no additional fees if only one method of receiving classification data was requested. The fee for each additional method of receiving classification data in § 28.910 would remain at 5 cents per bale, and it would be applicable even if the same method was requested. However, if computer punched cards were requested, a fee of 10 cents per card would be charged. The fee in § 28.910

(b)for an owner receiving classification data from the central database would remain at 5 cents per bale, and the minimum charge of $5.00 for services provided per monthly billing period would remain the same. The provisions of § 28.910

(c)concerning the fee for new classification memoranda issued from the central database for the business convenience of an owner without reclassification of the cotton will remain the same. The fee for review classification in § 28.911 will be maintained at $1.35 per bale. The fee for returning samples after classification in § 28.911 will remain at 40 cents per sample. List of Subjects in 7 CFR Part 28 Administrative practice and procedure, Cotton, Cotton samples, Grades, Market news, Reporting and record keeping requirements, Standards, Staples, Testing, Warehouses. For the reasons set forth in the preamble, 7 CFR Part 28 is amended as follows: PART 28—COTTON CLASSING TESTING STANDARDS 1. The authority citation for 7 CFR Part 28, Subpart D—Cotton Classification and Market News Services for Producers, continues to read as follows: Authority: 7 U.S.C. 471-476. 2. In § 28.909, paragraph

(b)is revised to read as follows: § 28.909 Costs.

(b)The cost of High Volume Instrument

(HVI)cotton classification service to producers is $1.35 per bale. 3. In § 28.911, the last sentence of paragraph

(a)is revised to read as follows: § 28.911 Review classification.

(a)* * * The fee for review classification is $1.35 per bale. Dated: May 23, 2001. Kenneth C. Clayton, Acting Administrator, Agricultural Marketing Service. [FR Doc. 01-13562 Filed 5-25-01; 10:50 am]

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