Unknown. Interim rule and request for comments

3,373 words·~15 min read·/register/2001/07/19/01-18071

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-2001-07-19.xml --- 66 139 Thursday, July 19, 2001 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Air Force Air Force Department NOTICES Meetings: Interface Control Working Group; L2 and L5 signal structures, 37655 01-18077 Alcohol Alcohol, Tobacco and Firearms Bureau RULES Alcoholic beverages:

Additional ameliorating material use in certain wines, 37576-37578 01-17936 PROPOSED RULES Alcoholic beverages: American wines; new prime grape variety names, 37609-37611 01-17935 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Karnal bunt, 37575-37576 01-18071 Antitrust Antitrust Division NOTICES National cooperative research notifications: Financial Services Technology Consortium, Inc., 37708 01-18083 J Consortium, Inc., 37708 01-18084 Management Services Providers Association, Inc., 37708-37709 01-18085 Microcontaminant Reduction Venture, 37709 01-18086 National Center for Manufacturing Sciences, Inc., 37709 01-18082 Army Army Department See Engineers Corps NOTICES Military traffic management:

Capacity loads; modifications, 37655-37656 01-18014 Patent licenses; non-exclusive, exclusive, or partially exclusive: Anthrax vaccines, 37656 01-18011 Differentially acting OP detoxifying sponges, 37657 01-18006 Immobilized enzymes as biosensors for chemical toxins, 37657 01-18010 Monoclonal antibodies to cholesterol and methods, 37657 01-18008 OP detoxifying sponges composed of multiple immobilized enzymes of cholinesterases and OP hydrolases and oximes as reactivators, rapid method to make, 37657-37658 01-18009 Organophosphates, compositions for use to deactivate, 37658 01-18007 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Human immunodeficiency virus (HIV)— HIV-positive persons; prevention intervention research studies, 37694-37696 01-18049 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 37578-37580 01-17996 01-17997 Ports and waterways safety: Captain of the Port of Detroit Zone, MI; safety zones, 37580-37581 01-17998 Genesee River, Rochester, NY; safety zone, 37584-37585 01-18107 Niagara River, NY; safety zone, 37585-37587 01-18106 Oswego Harbor, NY; safety zone, 37581-37582 01-18109 Presque Isle Bay, PA; safety zone, 37582-37583 01-18108 PROPOSED RULES Drawbridge operations:

Florida, 37615-37616 01-17995 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency PROPOSED RULES Community Reinvestment Act regulations; review, 37602-37608 01-18033 Defense Defense Department See Air Force Department See Army Department See Defense Logistics Agency See Engineers Corps NOTICES Arms sales notification; transmittal letter, etc., 37643-37654 01-18062 01-18063 Meetings:

Scientific Advisory Board, 37654-37655 01-18060 Defense Defense Logistics Agency NOTICES Privacy Act: Computer matching programs, 37658-37659 01-18061 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education and vocational and adult education— Smaller Learning Communities Program, 37871-37876 01-18073 Special education and rehabilitative services: Blind vending facilities under Randolph-Sheppard Act— Arbitration panel decisions, 37660-37661 01-18072 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 37661-37662 01-18057 Rocky Flats, CO, 37662 01-18058 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Lee and Bastrop Counties, TX; Three Oaks Surface Lignite Mine; construction and operation, 37660 01-18013 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Kraft, soda, sulfite, and stand-alone semichemical pulp mills; chemical recovery combustion sources; technical corrections, 37591-37593 01-17559 Air programs:

Stratospheric ozone protection— Methyl bromide; quarantine and preshipment applications; exemptions, 37751-37769 01-17907 Air quality implementation plans; approval and promulgation; various States: California, 37587-37591 01-17705 Pesticide programs: Plant-incorporated protectants (formerly plant-pesticides), 37771-37817 01-17981 Nucleic acids residues; tolerance requirement exemption, 37816-37830 01-17982 Sexually compatible plants; residues derived through conventional breeding; tolerance requirement exemption, 37829-37854 01-17983 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Avermectin, etc., 37593-37599 01-18099 PROPOSED RULES Pesticide programs: Plant-incorporated protectants (formerly plant-pesticides)— Plants sexually compatible with recipient plant; exemptions, 37854-37869 01-17984 Water supply: National primary drinking water regulations— Arsenic; compliance and new source contaminants monitoring; clarifications, 37617-37631 01-18093 NOTICES Agency information collection activities: Submission for OMB review; comment request, 37671-37672 01-18096 Air pollution control:

Citizens suits; proposed settlements— Clean Air Implementation Project et al., 37672-37673 01-17908 Meetings: Intel XL Project extension; stakeholders, 37673 01-18095 Pesticide, food, and feed additive petitions: Syngenta Crop Protection, Inc., 37677-37681 01-18098 Pesticide registration, cancellation, etc.: Diazinon, 37673-37677 01-18097 Farm Farm Credit Administration NOTICES Meetings: Other financing institutions and alternative funding mechanisms, 37681 01-18056 Farm Farm Service Agency NOTICES Agency information collection activities:

Proposed collection; comment request, 37637 01-18064 FCC Federal Communications Commission RULES Radio stations; table of assignments: Texas, 37599 01-18053 PROPOSED RULES Common carrier services: Individuals with hearing and speech disabilities; telecommunications relay services, 37631-37632 01-18054 Radio stations; table of assignments: Texas, 37632-37633 01-18050 01-18051 01-18052 NOTICES Agency information collection activities: Proposed collection; comment request, 37681-37682 01-17987 Reporting and recordkeeping requirements, 37682-37684 01-18055 Common carrier services:

Wireless telecommunications services— Enhanced 911 Phase II Automatic Location Identification requirements; waiver petitions; comment request, 01-18128 37684-37685 01-18129 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Community Reinvestment Act regulations; review, 37602-37608 01-18033 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 37685 01-18250 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Bonneville Power Adminstration et al., 37664-37667 01-18069 Environmental statements; availability, etc.: Florida Gas Transmission Co., 37667 01-18025 Municipal Dam Hydro Project, 37667-37668 01-18028 Hydroelectric applications, 37668-37671 01-18029 01-18030 01-18031 Practice and procedure: Off-the-record communications, 37671 01-18024 *Applications, hearings, determinations, etc.:* Calhoun Power Co. I, LLC, 37662-37663 01-18023 Natural Gas Pipeline Co. of America, 37663 01-18032 New York Independent System Operator, Inc., 37663 01-18027 Tuscarora Gas Transmission Co., 37663-37664 01-18026 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses:

A.R. Savage & Son, Inc., et al., 37685 01-17992 A.W. Fenton Co., Inc., et al., 37685-37686 01-17991 Federal Railroad Federal Railroad Administration NOTICES Environmental statements; notice of intent: Maglev deployment program— Baltimore, MD and Washington, DC, 37721 01-18111 Pittsburgh et al., PA, 37721-37722 01-18112 Federal Reserve Federal Reserve System PROPOSED RULES Community Reinvestment Act regulations; review, 37602-37608 01-18033 NOTICES Banks and bank holding companies:

Change in bank control, 37686 01-17989 Formations, acquisitions, and mergers, 37686 01-17990 Organization, functions, and authority delegations, 37686-37690 01-17895 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 37690 01-18251 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: Highlands Insurance Co. et al.; termination, 37723 01-18101 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Missouri, 37638 01-18120 GSA General Services Administration RULES Federal Management Regulation:

Federal advisory committee management; revision, 37727-37750 01-17350 Health Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: HIV/AIDS Regional Resource Network Program, 37690-37694 01-18070 Meetings: Genetic Testing Advisory Committee, 37694 01-18042 Housing Housing and Urban Development Department NOTICES Grant and cooperative agreement awards:

Research and technology unsolicited proposals, 37699-37700 01-18076 Rural Housing and Economic Development Program, 37700-37702 01-18075 Grants and cooperative agreements; availability, etc.: Urban empowerment zones; Round III designation, 37877-37882 01-18074 Interior Interior Department See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 37723-37724 01-18127 International International Trade Administration NOTICES Antidumping:

Cased pencils from— China, 37638-37639 01-18119 Porcelain-on-steel cookware from— Mexico, 37640 01-18121 Preserved mushrooms from— Chile, 37640 01-18122 Various countries, 37640-37641 01-18123 Welded carbon steel pipe and tube from— Turkey, 37641 01-18124 International International Trade Commission NOTICES Import investigations: Garage door operators, including components, 37704-37705 01-18126 Oscillating sprinklers, sprinkler components, and nozzles, 37705 01-18125 Semiconductor light emitting devices, components, and products containing same, 37705-37706 01-18100 Justice Justice Department See Antitrust Division NOTICES Pollution control; consent judgments:

Clark Refining & Marketing, Inc., 37706 01-18079 National Railroad Passenger Corp., 37706-37707 01-18078 Rockford, IL, 37707 01-18081 Wisconsin et al., 37707-37708 01-18080 Libraries Libraries and Information Science, National Commission See National Commission on Libraries and Information Science Minerals Minerals Management Service PROPOSED RULES Outer Continental Shelf; oil, gas, and sulphur operations: Offshore cranes; American Petroleum Institute's Specification 2C; incorporation by reference, 37611-37615 01-18022 NASA National Aeronautics and Space Administration NOTICES Meetings:

Advisory Council Minority Business Resource Advisory Committee, 37710 01-18045 U.S. Centennial of Flight Commission, 37710 01-18046 National Commission National Commission on Libraries and Information Science NOTICES Meetings; Sunshine Act, 37709-37710 01-18185 National National Council on Disability NOTICES Meetings: International Watch Advisory Committee, 37710-37711 01-18059 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards:

Nonconforming vehicles— Importation eligibility; determinations, 37722-37723 01-17994 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 37697 01-18037 National Institute of Child Health and Human Development, 01-18035 01-18036 37697-37698 01-18038 01-18040 01-18041 National Library of Medicine, 37698-37699 01-18039 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Sablefish, 37600-37601 01-17986 Shortraker and rougheye rockfish, 37600 01-17985 Marine mammals:

Steller sea lions; Bogoslof Island, AK; no-entry zone exemption, 37599-37600 01-18103 PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico shrimp, 37634-37635 01-18104 Caribbean, Gulf, and South Atlantic fisheries, and Gulf of Mexico and South Atlantic spiny lobster— Tortugas Marine Reserves establishment, 37635-37636 01-17937 Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permits, 37634 01-18105 NOTICES Environmental statements; availability, etc.:

Gray whales; International Whaling Commission quota issuance to Makah Tribe (2001 and 2002), 37641-37642 01-18005 Permits: Marine mammals, 37642 01-18102 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.: Glenn, Colusa, and Yolo Counties, CA; Colusa Basin flood control program, 37702-37703 01-18044 Environmental statements; notice of intent:

Central Valley Project, CA; Sacramento River settlement contracts renewal, 37703-37704 01-18043 Rural Rural Business-Cooperative Service NOTICES Agency information collection activities: Proposed collection; comment request, 37637 01-18064 Rural Rural Housing Service NOTICES Agency information collection activities: Proposed collection; comment request, 37637 01-18064 RUS Rural Utilities Service NOTICES Agency information collection activities: Proposed collection; comment request, 37637 01-18064 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Exemption applications— Morgan Grenfell Investment Trust et al., 37711-37712 01-18003 Joint industry plan: National Association of Securities Dealers, Inc., et al., 37712-37714 01-18067 Self-regulatory organizations: Clearing agency registration applications— Government Securities Clearing Corp., 37714-37715 01-18066 Self-regulatory organizations; proposed rule changes: New York Stock Exchange, Inc., 37715-37716 01-18065 Pacific Exchange, Inc., 37716-37720 01-18068 Thrift Thrift Supervision Office PROPOSED RULES Community Reinvestment Act regulations; review, 37602-37608 01-18033 Transportation Transportation Department See Coast Guard See Federal Railroad Administration See National Highway Traffic Safety Administration NOTICES Aviation proceedings:

Agreements filed, etc., 37720 01-18113 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 37720-37721 01-18114 Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Comptroller of the Currency See Fiscal Service See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Agency information collection activities: Proposed collection; comment request, 37724-37725 01-17999 Submission for OMB review; comment request, 01-18000 37725-37726 01-18001 Meetings:

Rehabilitation Research and Development Service Scientific Merit Review Board, 37726 01-18002 Separate Parts In This Issue Part II General Services Administration, 37727-37750 01-17350 Part III Environmental Protection Agency, 37751-37769 01-17907 Part IV Environmental Protection Agency, 37771-37869 01-17981 01-17982 01-17983 01-17984 Part V Department of Education, 37871-37876 01-18073 Part VI Department of Housing and Urban Development, 37877-37882 01-18074 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. 66 139 Thursday, July 19, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 01-063-1] Karnal Bunt;

Regulated Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Karnal bunt regulations by adding Archer and Baylor Counties in Texas to the list of regulated areas. This action is precipitated by the detection of bunted kernels in samples taken from bins of wheat grain stored in Baylor County and harvested in Archer and Baylor Counties. This action will help prevent the spread of Karnal bunt into noninfected areas of the United States.

DATES: This interim rule was effective July 13, 2001. We invite you to comment on this docket. We will consider all comments that we receive by September 17, 2001. ADDRESSES: Please send four copies of your comment (an original and three copies) to: Docket No. 01-063-1, 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. 01-063-1. 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: Mr. Robert G. Spaide, Director for Surveillance and Emergency Programs Planning and Coordination, PPQ, APHIS, 4700 River Road, Unit 98, Riverdale, MD 20737-1231;

(301)734-7819. SUPPLEMENTARY INFORMATION: Background Karnal bunt is a fungal disease of wheat ( *Triticum aestivum* ), durum wheat ( *Triticum durum* ), and triticale ( *Triticum aestivum* X *Secale cereale* ), a hybrid of wheat and rye. Karnal bunt is caused by the fungus *Tilletia indica* (Mitra) Mundkur and is spread by spores, primarily through the planting of infected seed. Some countries in the international wheat market regulate Karnal bunt as a fungal disease requiring quarantine; therefore, without measures taken by the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture, to prevent its spread, the presence of Karnal bunt in the United States could have significant consequences with regard to the export of wheat to international markets. The regulations regarding Karnal bunt are set forth in 7 CFR 301.89-1 through 301.89-16 (referred to below as the regulations). Regulated Areas The regulations in § 301.89-3(e) provide that we will classify a field or area as a regulated area when it is: • A field planted with seed from a lot found to contain a bunted wheat kernel; • A distinct definable area that contains at least one field that was found during a survey to contain a bunted wheat kernel. The distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the areas's proximity to a field found during survey to contain a bunted kernel; or • A distinct definable area that contains at least one field that was found during survey to contain spores consistent with Karnal bunt and has been determined to be associated with grain at a handling facility containing a bunted wheat kernel. The distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of that area's proximity to a field that has been associated with grain at a handling facility containing a bunted kernel. The boundaries of distinct definable areas are determined using the criteria in paragraphs

(b)through

(d)of § 301.89-3, which provide for the regulation of less than an entire State, the inclusion of noninfected acreage in a regulated area, and the temporary designation of nonregulated areas as regulated areas. Paragraph

(c)of § 301.89-3 states that the Administrator may include noninfected acreage within a regulated area due to its proximity to an infestation or inseparability from the infected locality for regulatory purposes, as determined by: • Projections of the spread of Karnal bunt along the periphery of the infestation; • The availability of natural habitats and host materials within the noninfected acreage that are suitable for establishment and survival of Karnal bunt; and • The necessity of including noninfected acreage within the regulated area in order to establish readily identifiable boundaries. The regulations at § 301.89-3(f) set the boundaries for regulated areas in Arizona, California, New Mexico, and Texas. Certain regulated areas in Arizona, California, and Texas include noninfected acreage that functions as a buffer zone to guard against the spread of Karnal bunt. When we include noninfected acreage in a regulated area for one or more of the reasons previously listed, the noninfected acreage, along with the rest of the acreage in the regulated area, is intensively surveyed. Negative results from surveys of the noninfected acreage provide assurance that all infected acreage is within the regulated area. In effect, the noninfected acreage serves as a buffer zone between fields or areas associated with a bunted kernel and areas outside of the regulated area. In this document, we are adding Archer and Baylor Counties, in their entirety, to the list of regulated areas in Texas. This action is necessary due to the detection of bunted wheat kernels in samples taken from bins of wheat grain stored in Baylor County. The wheat grain was harvested in Archer and Baylor Counties. Until APHIS completes its detection and delimiting surveys, the entirety of each county will be designated as a regulated area in order to include all fields that have a reasonable possibility of being infected. Emergency Action This rulemaking is necessary on an emergency basis to prevent Karnal bunt from spreading to noninfected areas of 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. 533 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. 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 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 interim rule contains no 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; sections 301.75-15 and 301.75-16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. In § 301.89-3, paragraph (f), under the heading for “Texas”, add two new entries in alphabetical order to read as follows: § 301.89-3 Regulated areas.

(f)* * * Texas *Archer County.* The entire county. *Baylor County.* The entire county. Done in Washington, DC. this 13th day of July 2001. Bobby R. Acord, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 01-18071 Filed 7-18-01; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code

8 references not yet in our index