Unknown. Interim rule and request for comments

3,274 words·~15 min read·/register/2001/06/25/01-15865

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-2001-06-25.xml --- 66 122 Monday, June 25, 2001 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Cooperative State Research, Education, and Extension Service See Food and Nutrition Service See Forest Service Air Force Air Force Department NOTICES Meetings: Global Positioning System; L2 and L5 civil signals; public forum [ **Editorial Note:** This document, published at 66 FR 33237 in the **Federal Register** of June 21, 2001, was incorrectly identified in that issue's table of contents.] Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Citrus canker Correction, 33740 C1-15320 West Indian fruit fly, 33631-33632 01-15865 Bonneville Bonneville Power Administration NOTICES New large single load policy; comment request, 33671-33672 01-15843 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: 2002 Winter Olympic Games Public Health Preparedness, 33703 01-15823 Environmental health epidemiology resource development for Mexico and Latin American countries, 33703-33704 01-15819 Human immunodeficiency virus— HIV and HIV/AIDS-related testing; quality assurance testing services in Zimbabwe, 33704 01-15820 National Mass Fatalities Training and Response Center, 33704-33705 01-15824 Public Health Preparedness Center Program, 33705 01-15822 Surveillance of Child Maltreatment Program, 33705-33708 01-15821 Vessel sanitation program:

Rodent infestation inspections and deratting and deratting exemption certificates issuance— United States ports; list modifications, 33708-33709 01-15825 Children Children and Families Administration NOTICES Agency information collection activities: Proposed collection; comment request, 33709-33710 01-15802 Coast Guard Coast Guard RULES Technical amendments; organizational changes; miscellaneous editorial changes, etc., 33637-33642 01-15657 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Costa Rica, 33663-33664 01-15854 Textile and apparel categories: North American Free Trade Agreement— Camel hair and cashmere yarn; short supply petition denied, 33664-33665 01-15866 Cooperative Cooperative State Research, Education, and Extension Service NOTICES Grants and cooperative agreements; availability, etc.: Educational programs, 33825-33828 01-15983 Defense Defense Department NOTICES Agency information collection activities: Proposed collection; comment request, 01-15788 33665-33666 01-15789 Submission for OMB review; comment request, 33666 01-15790 Federal Acquisition Regulation (FAR):

Agency information collection activities— Proposed collection; comment request, 33666-33667 01-15777 Agency information collection activities: Proposed collection; comment request, 33667-33668 01-15778 01-15779 Meetings: Science Board, 01-15786 33668-33669 01-15787 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Cerilliant Corp., 01-15835 33714-33715 01-15836 Knoll Pharmaceutical Co., 33715 01-15834 Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 33669 01-15891 Proposed collection; comment request; correction, 33669 01-15803 Submission for OMB review; comment request, 33669-33671 01-15804 01-15805 Energy Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 33671 01-15845 Rocky Flats, CO, 33671 01-15846 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Montana; correction, 33740 C1-15143 Pennsylvania, 33645-33648 01-15751 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Pennsylvania, 33655 01-15752 NOTICES Agency information collection activities: Proposed collection; comment request, 33679-33682 01-15878 01-15879 01-15881 Air pollution control: Citizens suits; proposed settlements— Arizona Mining Association, 33682 01-15883 Grants and cooperative agreements; availability, etc.: Chesapeake Bay Program— Proposal request; correction, 33683 01-15877 Meetings:

Clean Air Act Advisory Committee, 33683 01-15882 National Strategy to Develop Regional Nutrient Criteria; stakeholders, 33683-33684 01-15884 Pesticide registration, cancellation, etc.: Tritallate; correction, 33684 01-15889 Superfund; response and remedial actions, proposed settlements, etc.: Divex Superfund Site, SC, 33684 01-15886 Rocky Flats Industrial Park Site, CO, 33684-33685 01-15885 Toxic and hazardous substances control: Lead-based paint activities in target housing and child-occupied facilities;

State and Indian Tribe authorization applications— Nebraska, 33685-33687 01-15892 New chemicals— Receipt and status information, 33687-33694 01-15887 01-15888 FAA Federal Aviation Administration RULES Procedural rules: Flight Operational Quality Assurance programs; voluntary implementation, 33791-33808 01-15853 Standard instrument approach procedures, 33632-33635 01-15900 01-15901 PROPOSED RULES Airworthiness directives: Agusta S.p.A., 33651-33653 01-15796 Bell, 33649-33651 01-15797 Robinson Helicopter Co., 33653-33654 01-15795 NOTICES Reports and guidance documents; availability, etc.:

All-electrical attitude, altitude, direction, and airspeed systems using battery standby power; policy statement, 33736 01-15898 Seat certification; industry standards use; policy statement, 33736-33737 01-15899 FCC Federal Communications Commission PROPOSED RULES Radio stations; table of assignments: Illinois, 33656-33657 01-15783 New Mexico, 33655-33656 01-15785 Ohio, 33656 01-15784 Ohio and Kentucky, 33657 01-15782 NOTICES Agency information collection activities: Proposed collection; comment request, 33694-33697 01-15903 01-15904 01-15905 01-15906 Reporting and recordkeeping requirements, 33697-33699 01-15902 Television broadcasting:

Wireless telecommunications services— New television stations; auction filing window; correction, 33699 01-16003 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Louisiana, 33699 01-15810 Nebraska, 33699-33700 01-15808 South Dakota, 33700 01-15809 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings; Sunshine Act, 33676-33678 01-15962 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 33673 01-15857 Algonquin LNG, Inc., 33673 01-15858 Ameren Corp., et al., 33673-33674 01-15863 Columbia Gulf Transmission Co., 33674 01-15860 East Tennessee Natural Gas Co., 33674 01-15855 Gulf South Pipeline Co., L.P., 33674-33675 01-15861 Maritimes & Northeast Pipeline, L.L.C., 33675 01-15856 New England Power Pool et al., 33675 01-15862 Texas Eastern Transmission LP, 33675-33676 01-15859 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Oakland and Genesee counties, MI, 33737 01-15833 Federal Reserve Federal Reserve System PROPOSED RULES Transactions between banks and their affiliates (Regulation W): Statutory restrictions combined with existing and proposed Board interpretations and exemptions Correction, 33649 01-15869 NOTICES Banks and bank holding companies: Change in bank control, 33700 01-15871 Formations, acquisitions, and mergers, 33700-33701 01-15870 FTC Federal Trade Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 33701-33703 01-15864 Fish Fish and Wildlife Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Fish and wildlife; 2001-2002 subsistence taking, 33743-33790 01-15283 Kuskokwim and Yukon Rivers drainages; emergency closures and adjustments, 33642-33645 01-15811 Food Food and Drug Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 33710-33711 01-15780 01-15781 Food Food and Nutrition Service RULES Child nutrition programs:

School breakfast program— Additional menu planning approaches; CFR correction, 33631 C1-55519 Forest Forest Service RULES Alaska National Interest Lands Conservation Act; Title VIII implementation (subsistence priority): Fish and wildlife; 2001-2002 subsistence taking, 33743-33790 01-15283 Alaska National Interest Lands Conversation Act; Title VIII implementation (subsistence priority): Kuskokwim and Yukon Rivers drainages; emergency closures and adjustments, 33642-33645 01-15811 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Proposed collection; comment request, 33666-33667 01-15777 Agency information collection activities: Proposed collection; comment request, 33667-33668 01-15778 01-15779 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 Substance Abuse and Mental Health Services Administration Health Health Care Financing Administration RULES Medicaid:

State Children's Health Insurance Program; implementation, 33809-33824 01-15910 Hearings Hearings and Appeals Office, Interior Department RULES Hearings and appeals procedures: Trust management reform; Indian trust estates probate Correction, 33740-33741 C1-15166 Indian Indian Affairs Bureau PROPOSED RULES Tribal government: Certificate of degree of Indian or Alaska Native blood; documentation requirements and filing, processing, and issuing requirements and standards, 33654-33655 01-15827 Interior Interior Department See Fish and Wildlife Service See Hearings and Appeals Office, Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Income taxes:

Earned income credit (EIC); eligibility requirements after denial, 33636-33637 01-15907 International International Trade Administration NOTICES Antidumping: Cut-to-length carbon-quality steel plate products from— Indoesnia, 33661 01-15893 *Applications, hearings, determinations, etc.:* Rutgers University; correction, 33740 C1-15074 Justice Justice Department See Drug Enforcement Administration Land Land Management Bureau NOTICES Opening of public lands: Montana; correction, 33740 C1-15108 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities— Proposed collection; comment request, 33666-33667 01-15777 Agency information collection activities: Proposed collection; comment request, 33667-33668 01-15778 01-15779 Meetings: Advisory Council Space Science Advisory Committee, 33715-33716 01-15867 01-15868 National Highway National Highway Traffic Safety Administration PROPOSED RULES Motor vehicle safety standards: Advanced air bags performance monitoring and future air bag rulemaking data development, 33657-33660 01-15814 NOTICES Traffic safety programs:

Motorcycle safety improvement plan; comment request, 33737-33739 01-15813 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities: Proposed collection; comment request; correction, 33740 C1-15057 Meetings: Gulf of Mexico Fishery Management Council, 33661-33662 01-15895 New England Fishery Management Council, 33662-33663 01-15896 Stellwagen Bank National Marine Sanctuary Advisory Council, 33663 01-15837 National Park National Park Service NOTICES Environmental statements; notice of intent:

Research specimens collected from NPS units; information resulting in commercial value; benefits sharing agreements, 33712-33713 01-15559 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: PPL Susqehanna, LLC, 33716-33717 01-15815 PSEG Nuclear LLC, 33717-33718 01-15816 Reports and guidance documents; availability, etc.: Inspections, tests, analyses and acceptance criteria, 33718-33719 01-15817 Personnel Personnel Management Office NOTICES Agency information collection activities:

Proposed collection; comment request, 01-15828 33719-33720 01-15829 Submission for OMB review; comment request, 33720 01-15830 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration SEC Securities and Exchange Commission NOTICES Agency information collection activities: Submission for OMB review; comment request, 33720-33721 01-15847 Investment Company Act of 1946:

Deregistration application— Hawthorne Investment Trust, 33723-33724 01-15849 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 33724-33728 01-15850 Chicago Board Options Exchange, Inc., 33728-33730 01-15801 Chicago Stock Exchange, Inc., 33730 01-15946 International Securities Exchange LLC, 33730-33731 01-15800 01-15945 New York Stock Exchange, Inc., 33731-33733 01-15851 Pacific Exchange, Inc., 33733 01-15799 Philadelphia Stock Exchange, Inc., 33734-33735 01-15798 *Applications, hearings, determinations, etc.:* Managers Funds and Managers Funds LLC, 33721-33722 01-15944 Public utility holding company filings, 33722-33723 01-15848 State State Department NOTICES Meetings:

International Telecommunications Advisory Committee, 33735-33736 01-16001 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 33711-33712 01-15826 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities: Proposed collection; comment request, 33713-33714 01-15894 Surface Surface Transportation Board NOTICES Rail carriers:

Cost recovery procedures— Adjustment factor, 33739 01-15890 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office RULES Capital: Individual minimum capital requirements; CFR correction, 33632 C1-55511 Regulatory reporting standards: Savings associations and savings association holding companies; audit; CFR correction, 33632 C1-55510 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Western Western Area Power Administration NOTICES Floodplain and wetlands protection; environmental review determinations; availability, etc.:

Natrona County, WY; Casper Creek Crossing, Spence-Themopolis 230-kV and Alcova-Copper Mountain 115-kV; transmission line repairs, 33678 01-15844 Separate Parts In This Issue Part II Department of Agriculture, Forest Service; Department of Interior, Fish and Wildlife Service, 33743-33790 01-15283 Part III Federal Aviation Administration, 33791-33808 01-15853 Part IV Department of Health and Human Services, Health Care Financing Administration, 33809-33824 01-15910 Part V Department of Agriculture, Cooperative State Research, Education, and Extension Service, 33825-33828 01-15983 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. 66 122 Monday, June 25, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Part 220 National School Breakfast Program:

Additional Menu Planning Approaches CFR Correction In Title 7 of the Code of Federal Regulations, parts 210 to 299, revised as of January 1, 2001, on page 90, in § 220.8, the heading of paragraph

(c)is revised to read as follows: § 220.8 What are the nutrition standards and menu planning approaches for breakfasts?

(c)*What are the nutrient and calorie levels for breakfasts planned under the food-based menu planning approaches?* [FR Doc. C1-55519; Filed 6-22-01; 8:45 am] BILLING CODE 1505-01-D DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 00-110-3] West Indian Fruit Fly; Removal of Quarantined Area AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the West Indian fruit fly regulations by removing the quarantine on a portion of Cameron County, TX, and by removing the restrictions on the interstate movement of regulated articles from that area. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of the West Indian fruit fly into noninfested areas of the United States. We have determined that the West Indian fruit fly has been eradicated from this portion of Cameron County, TX, and that the quarantine and restrictions are no longer necessary. This portion of Cameron County, TX, was the only area in the continental United States quarantined for the West Indian fruit fly. Therefore, as a result of this action, there are no longer any areas in the continental United States quarantined for the West Indian fruit fly. DATES: This interim rule was effective June 1, 2001. We invite you to comment on this docket. We will consider all comments that we receive by August 24, 2001. ADDRESSES: Please send four copies of your comment (an original and three copies) to: Docket No. 00-110-3, 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. 00-110-3. 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: Mr. Robert Spaide, Assistant Director, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale MD 20737-1236;

(301)734-8247. SUPPLEMENTARY INFORMATION: Background The West Indian fruit fly, *Anastrepha obliqua* (Macquart), is a very destructive pest of fruits and vegetables, including carambola, grapefruit, guava, limes, mangoes, oranges, passion fruit, peaches, and pears. This pest can cause serious economic losses by lowering the yield and quality of these fruits and vegetables and by damaging the seedlings and young plants. Heavy infestations can result in complete loss of these crops. The West Indian fruit fly regulations, contained in 7 CFR 301.98 through 301.98-10 (referred to below as the regulations), restrict the interstate movement of regulated articles from quarantined areas to prevent the spread of West Indian fruit fly to noninfested areas of the United States. A portion of Cameron County, TX, is the only area listed in the regulations as a quarantined area. (See 66 FR 6429-6436, Docket No. 00-110-1.) Based on trapping surveys conducted by inspectors of Texas State and county agencies and by inspectors of the Animal and Plant Health Inspection Service, we have determined that the West Indian fruit fly has been eradicated from the quarantined portion of Cameron County, TX. The last finding of West Indian fruit fly in this area was November 28, 2001. Since then, no evidence of West Indian fruit fly infestation has been found in this area. Based on our experience, we have determined that sufficient time has passed to conclude that the West Indian fruit fly no longer exists in Cameron County, TX. Therefore, we are removing Cameron County, TX from the list of quarantined areas in § 301.98-3(c). West Indian fruit fly infestations are not known to exist anywhere else in the continental United States. Immediate Action Immediate action is warranted to remove an unnecessary regulatory burden on the public. A portion of Cameron County, TX, was quarantined due to the possibility that the West Indian fruit fly could be spread from this area to noninfested areas of the United States. Since this situation no longer exists, immediate action is necessary to remove the quarantine on Cameron County, TX, and to relieve the restrictions on the interstate movement of regulated articles from that area. 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 action 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. This interim rule relieves restrictions on the interstate movement of regulated articles from a portion of Cameron County, TX. Within the previously quarantined portion of Cameron County, TX, there are approximately 22 small entities that may be affected by this rule. These include 5 fruit sellers and 17 growers. These 22 entities comprise less than 1 percent of the total number of similar entities operating in the State of Texas. Additionally, these small entities sell regulated articles primarily for local intrastate—not interstate—movement, so the effect, if any, of this rule on these entities appears to be minimal. The effect on those few entities that do move regulated articles interstate was minimized by the availability of various treatments that, in most cases, allowed these small entities to move regulated articles interstate with very little additional cost. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) 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 no retroactive effect; 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 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-113, 113 Stat. 1501A-293 and Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400. 2. In § 301.98-3, paragraph

(c)is revised to read as follows: § 301.98-3 Quarantined areas.

(c)The areas described below are designated as quarantined areas: There are no areas in the continental United States quarantined for the West Indian fruit fly. Done in Washington, DC, this 19th day of June 2001. Bobby R. Acord, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 01-15865 Filed 6-22-01; 8:45 am]

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