Unknown. Final rule

3,675 words·~17 min read·/register/2001/08/17/01-20779

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-08-17.xml --- 66 160 Friday, August 17, 2001 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Natural Resources Conservation Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Citrus canker, 43065-43066 01-20779 NOTICES Uruguay Round Agreements Act (URAA):

International sanitary and phytosanitary standard-setting activities, 43171-43177 01-20692 Army Army Department NOTICES Senior Executive Service: Performance Review Boards; membership, 43239-43241 01-20756 01-20757 01-20758 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Rape Prevention and Education Program, 43262-43263 01-20753 Centers Centers for Medicare & Medicaid Services RULES Medicaid: Managed care Effective date delay, 43090-43091 01-20714 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Nebraska, 43181 01-20837 Coast Guard Coast Guard RULES Ports and waterays safety: Arthur Kill, Staten Island, NY; security zone, 43088-43090 01-20720 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; addiitions and deletions, 43179-43180 01-20813 Procurement list; additions and deletions, 43180-43181 01-20812 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Bulgaria, 43225 01-20759 Dominican Republic, 43225-43226 01-20760 Macau, 43226-43227 01-20761 Turkey, 43227 01-20763 Export visa requirements; certification, waivers, etc.: Philippines, 43227 01-20762 Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act and agency regulations; brokers or dealers exemption, 43083-43087 01-20629 Commodity Futures Modernization Act; implementation: Securities brokers or dealers; registration as futures commission merchants or introducing brokers, 43080-43083 01-20628 NOTICES National Futures Associations; notice registration processing functions; performance with respect to certain securities brokers and dealers, 43227-43229 01-20630 Customs Customs Service NOTICES Commercial laboratory accreditations:

Approval— Camin Cargo, Inc., 43299-43300 01-20830 Defense Defense Department See Army Department See Navy Department PROPOSED RULES Privacy Act; implementation National Reconnaissance Office, 43138-43140 01-20367 NOTICES Agency information collection activities: Proposed collection; comment request, 43229-43230 01-20742 Submission for OMB review; comment request, 01-20738 43230-43231 01-20739 01-20740 01-20741 Arms sales notification; transmittal letter, etc., 43231-43236 01-20743 Privacy Act:

Systems of records, 43236-43237 01-20744 National Reconnaissance Office, 43237-43239 01-20747 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 43243 01-20712 Grants and cooperative agreements; availability, etc.: Postsecondary education— Undergraduate International Studies and Foreign Language Program, 43244 01-20704 Meetings: National Educational Research Policy and Priorities Board, 43244-43245 01-20826 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 43272-43273 01-20464 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program:

Energy conservation standards— Commercial unitary air conditioners and heat pumps, 43123-43124 01-20771 NOTICES Grants and cooperative agreements; availability, etc.: Geothermal power plants; economic viability and long-term sustainability of operation; enhancement, 43245 01-20772 EPA Environmental Protection Agency PROPOSED RULES Air pollutants, hazardous; national emission standards: Hazardous waste combustors, 43142-43143 01-20897 Hazardous waste program authorizations: Indiana, 43143-43145 01-20790 NOTICES Agency information collection activities:

Proposed collection; comment request, 01-20792 01-20793 43252-43254 01-20796 Reporting and recordkeeping requirements, 43254-43255 01-20789 Air programs: State implementation plans; adequacy status for transportation conformity purposes— Wisconsin, 43255-43256 01-20788 Environmental statements; availability, etc.: Agency statements— Comment availability, 43256 01-20820 Weekly receipts, 43256-43257 01-20821 Superfund; response and remedial actions, proposed settlements, etc.: Chemet Site, TN, 43257-43258 01-20795 Peterson Puritan, Inc.

Site, RI, 43258 01-20797 PRC Patterson Removal Site, CA, 43258-43259 01-20791 Superfund program: Prospective purchaser agreements— Vineland Chemical Co. Site, NJ, 43257 01-20794 Export Export-Import Bank NOTICES Meetings: Advisory Committee, 43259 01-20827 Farm Farm Service Agency NOTICES Agriculture Risk Protection Act; grower compensation: California grape vine losses due to Pierce's disease; income assistance, 43177-43178 01-20843 FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 43066-43073 01-20585 01-20586 01-20587 01-20588 Empresa Brasileira de Aeronautica, S.A. (EMBRAER), 43076-43077 01-20701 McDonnell Douglas, 43074-43075 01-20589 Class D airspace, 01-20814 43078-43080 01-20815 01-20816 01-20817 PROPOSED RULES Airworthiness directives: Fokker, 43124-43126 01-20808 Saab, 43128-43132 01-20810 01-20811 Short Brothers, 43126-43128 01-20809 Class D and Class E airspace, 43132-43133 01-20818 Class E airspace, 43134-43135 01-20819 FCC Federal Communications Commission NOTICES Agency information collection activities:

Submission for OMB review; comment request, 43259-43260 01-20703 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Various States, 43094-43097 01-20724 01-20725 Flood insurance; communities eligible for sale: Various States, 43091-43094 01-20723 NOTICES Disaster and emergency areas: North Dakota, 01-20727 43260 01-20728 Virginia, 43260 01-20729 Meetings: Emergency Medical Services Federal Interagency Committee, 43261 01-20726 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Acadia Power Partners, LLC, et al., 43248-43250 01-20775 Aquila Energy Marketing Corp. et al., 43250-43251 01-20707 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 43245-43246 01-20710 Dynegy LNG Production Terminal, LP, 43246-43247 01-20709 Kinder Morgan Interstate Gas Transmission, LLC, 43247-43248 01-20711 Reed, Lester C., 43248 01-20708 Federal Highway Federal Highway Administration NOTICES Outdoor advertising control: Oregon Transportation Department; tri-vision signs, 43291-43293 01-20722 FMC Federal Maritime Commission NOTICES Reports and guidance documents; availability, etc.:

Government Paperwork Elimination Act and Electronic Signatures in Global and National Commerce Act; impact on U.S. ocean shipping industry; inquiry, 43261 01-20754 Federal Motor Federal Motor Carrier Safety Administration RULES Motor carrier safety standards: Controlled substances and alcohol use and testing; amendments conforming to DOT rule, 43097-43113 01-20426 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Sacramento splittail, 43145-43150 01-20713 NOTICES Environmental statements; availability, etc.:

Incidental take permits— Sacramento and Sutter Counties, CA; Natomas Basin Habitat Conservation Plan, 43267 01-20696 Sacramento County, CA; giant garter snake, etc. (listed and unlisted species), 43265-43267 01-20068 Urban wildland interface communities within vicinity of Federal lands that are at high risk from wildfire; list, 43383-43435 01-20592 Food Food and Drug Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 43263-43264 01-20842 Meetings:

Anti-Infective Drugs Advisory Committee, 43264-43265 01-20801 Medical Devices Advisory Committee, 43265 01-20802 Forest Forest Service NOTICES Meetings: Giant Sequoia National Monument Scientific Advisory Board, 43178-43179 01-20752 Urban wildland interface communities within vicinity of Federal lands that are at high risk from wildfire; list, 43383-43435 01-20592 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 43261 01-20694 Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 43265 01-20440 Indian Indian Affairs Bureau NOTICES Urban wildland interface communities within vicinity of Federal lands that are at high risk from wildfire; list, 43383-43435 01-20592 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 43300 01-20838 Meetings: Citizen Advocacy Panels— Florida District, 43301 01-20840 Midwest District, 43301 01-20841 New York Metro District, 43300-43301 01-20839 International International Trade Administration NOTICES Antidumping: Folding gift boxes from— China, 43181-43183 01-20835 Potassium permanganate from— China, 43183 01-20834 Stainless steel sheet and strip in coils from— Germany, 43183-43186 01-20836 Countervailing duties: Softwood lumber products from— Canada, 43186-43216 01-20674 Justice Justice Department RULES Privacy Act; implementation Correction, 43308 C1-19895 C1-19896 NOTICES Privacy Act:

Systems of records; correction, 43308 C1-18792 Labor Labor Department See Employment Standards Administration See Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 43268-43272 01-20719 Land Land Management Bureau NOTICES Special recreation permits, new commercial outfitting; moratorium revoked, 43268 01-20776 Urban wildland interface communities within vicinity of Federal lands that are at high risk from wildfire; list, 43383-43435 01-20592 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers:

CHALLENGE BUSINESS 36, 43293-43294 01-20737 SANDRA JEAN II, 43294-43295 01-20736 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Interior trunk release, 43113-43121 01-20831 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Summer flounder, 43122 01-20824 Marine mammals: Incidental taking— North Pacific Acoustic Laboratory, CA; low frequency sound source operation, 43441-43459 01-20647 PROPOSED RULES Endangered and threatened species:

Marine and anadromous species— California Central Valley spring-run chinook, California coastal chinook, Northern California steelhead, and Central California coast coho, 43150-43170 01-20570 Ocean and coastal resource management: Marine sanctuaries— Submarine cable permit; fair market value analysis, 43135 01-20833 NOTICES Environmental statements; availability, etc.: San Francisco Bay National Estuarine Research Reserve, CA, 43216 01-20690 Marine mammals: Incidental taking; authorization letters, etc.— BP Exploration (Alaska),Inc.;

Beaufort Sea, AK; offshore oil and gas facility operation; bowhead whales, etc., 43216-43223 01-20822 Meetings: Pacific Fishery Management Council, 43223-43225 01-20823 01-20825 National Park National Park Service NOTICES Urban wildland interface communities within vicinity of Federal lands that are at high risk from wildfire; list, 43383-43435 01-20592 National National Skill Standards Board NOTICES Partnership organization; Sales and Service Voluntary Partnership; comment request, 43437-43439 01-20778 NRCS Natural Resources Conservation Service NOTICES Grants and cooperative agreements; availability, etc.:

Farm nutrient budgeting tool development, 43179 01-20828 Navy Navy Department PROPOSED RULES Privacy Act; implementation, 43141-43142 01-20366 NOTICES Privacy Act: System of records, 43241-43243 01-20748 Pension Pension and Welfare Benefits Administration NOTICES Agency information collection activities: Proposed collection; comment request, 43273-43274 01-20717 Reporting and recordkeeping requirements, 43274 01-20718 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration Research Research and Special Programs Administration NOTICES Environmental statements; notice of intent:

Natural Gas Pipeline Co. of America; pipeline safety; Pipeline Risk Management Demonstration Project, 43295-43298 01-20721 RUS Rural Utilities Service RULES Telecommunications standards and specifications: Materials, equipment, and construction— Customer access locations; service installations, 43313-43381 01-20121 Telecommunications system construction contract and specifications, 43309-43314 01-20120 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:

Chicago Board Options Exchange, Inc., 43274-43279 01-20764 01-20769 New York Stock Exchange, Inc., 43279-43282 01-20705 01-20768 Options Clearing Corp., 43282-43283 01-20770 Pacific Exchange, Inc., 43283-43285 01-20765 Philadelphia Stock Exchange, Inc., 43285-43291 01-20706 01-20766 01-20767 SBA Small Business Administration NOTICES *Applications, hearings, determinations, etc.:* Mercantile Capital Partners I, L.P., 43291 01-20829 Social Social Security Administration PROPOSED RULES Social security benefits, and organization and procedures:

Federal old age, survivors, and disability insurance— Applications and related forms, 43136-43138 01-20156 State State Department RULES Exchange Visitor Program: Au Pair Program, 43087-43088 01-20800 NOTICES Organization, functions, and authority delegations: Agency for International Development, Administrator, 43291 01-20799 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Hohorst, Henry G., et al., 43298-43299 01-20513 Norfolk Southern Railway Co., 43299 01-20512 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Customs Service See Internal Revenue Service See United States Mint U.S.

Mint United States Mint NOTICES Privacy Act: Systems of records, 43301-43307 01-20702 Separate Parts In This Issue Part II Department of Agriculture, Rural Utilities Service, 43309-43381 01-20120 01-20121 Part III Department of Agriculture, Forest Service, and Department of Interior, Bureau of Land Management, Fish and Wildlife Service, National Park Service, 43383-43435 01-20592 Part IV National Skills Standards Board, 43437-43439 01-20778 Part V Department of Commerce, National Oceanic and Atmospheric Administration, 43441-43459 01-20647 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. 66 160 Friday, August 17, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 00-037-3] Citrus Canker;

Payments for Commercial Citrus Tree Replacement AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are adopting as a final rule, with one change, an interim rule that amended our citrus canker regulations to establish provisions under which eligible owners of commercial citrus groves may receive payments to replace commercial citrus trees removed because of citrus canker. The interim rule that provided for the payment of those funds was necessary to reduce the economic effect of the citrus canker quarantine on affected commercial citrus growers.

EFFECTIVE DATE: August 17, 2001. FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer, Program Support Staff, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-8247. SUPPLEMENTARY INFORMATION: Background Citrus canker is a plant disease that affects plants and plant parts, including fresh fruit, of citrus and citrus relatives (Family Rutaceae). Citrus canker can cause defoliation and other serious damage to the leaves and twigs of susceptible plants. It can also cause lesions on the fruit of infected plants, which renders the fruit unmarketable, and cause infected fruit to drop from the trees before reaching maturity. The aggressive A (Asiatic) strain of citrus canker can infect susceptible plants rapidly and lead to extensive economic losses in commercial citrus-producing areas. The regulations to prevent the interstate spread of citrus canker are contained in 7 CFR 301.75-1 through 301.75-14 (referred to below as the regulations). The regulations restrict the interstate movement of regulated articles from and through areas quarantined because of citrus canker and provide conditions under which regulated fruit may be moved into, through, and from quarantined areas for packing. The regulations currently list parts of Broward, Collier, Dade, Hendry, Hillsborough, and Manatee Counties, FL, as quarantined areas for citrus canker. In an interim rule effective and published in the **Federal Register** on October 16, 2000 (65 FR 61077-61080, Docket No. 00-037-1), we amended the regulations to provide for the payment of tree replacement funds to eligible owners of commercial citrus groves who have had citrus trees destroyed because of citrus canker. These provisions, which are intended to reduce the economic effect of the citrus canker quarantine on affected commercial citrus growers, were added to the regulations as a new section, § 301.75-15. We solicited comments concerning our proposal for 60 days ending on December 15, 2000. We received two comments by that date. They were from the Florida Lime Administrative Committee and a citrus grower cooperative. One commenter pointed out an error in the economic information presented in the interim rule's background section. Specifically, we stated that Florida accounted for 72.72 percent of domestic lime production in 1997-1998. The commenter stated that Florida actually accounted for 100 percent of U.S. lime production during that period. The commenter is indeed correct; the National Agricultural Statistics Service's “Agricultural Statistics 2000” indicates that Florida produced 100 percent of domestically grown limes in both the 1997-1998 and 1998-1999 growing seasons. However, as Florida's share of lime production does not have an effect on the provisions of § 301.75-15, no changes to this rule are necessary as a result of that comment. The second commenter stated that the $26 per tree payment provided for by the rule was too high and offered information to support that contention. We continue to believe that the $26 per tree payment, which is the same amount developed by the Department's Risk Management Agency for trees covered by the Florida Fruit Tree Pilot Crop Insurance Program, is appropriate, especially with the per-acre payment caps provided by the interim rule. Perhaps more importantly, however, $26 is the per-tree payment amount that the Department was directed to pay under Sec. 810(a) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Pub. L. 106-387). Given that our FY 2001 appropriations act specifically directs us to pay $26 per tree, subject to the per-acre caps provided in the act (which were used in the interim rule), we will not make any changes to § 301.75-15 in this final rule as a result of that comment. The interim rule contained a requirement that claims for trees destroyed on or before the effective date of the rule (October 16, 2000) must be received within 60 days after the effective date of the rule ( *i.e* ., by December 15, 2000), and that claims for trees destroyed after the effective date of the rule must be received within 60 days after the destruction of the trees. After the interim rule was published, State officials in Florida attempted to contact all eligible grove owners to inform them of their eligibility to present claims. We were subsequently informed by State officials that they had been unable to locate some grove owners in a timely manner, in most cases because the person had sold the property and/or had moved out of State. As a result, some eligible grove owners were not notified until shortly before or even after the deadline for claims. In order to provide us with the flexibility needed to address this situation, we are amending the regulations in § 310.75-15(c) regarding the submission of tree replacement claims to provide that the Administrator may, on a case-by-case basis, approve the consideration of late claims when it appears that the claim was late through no fault of the owner of the trees, in the opinion of the Administrator. This change will provide for the consideration of late claims for up to 1 year after the effective date of this rule, in the case of trees destroyed on or before that effective date, or up to 1 year after the destruction of the trees in the case of trees destroyed after the effective date of this rule. In this final rule, we are also amending § 301.75-15(c) to reflect the new address of the USDA Citrus Canker Eradication Program. Further, where that paragraph in the interim rule had referred to “the effective date of this rule” and “60 days after the effective date of this rule,” we have replaced those references with the actual dates ( *i.e.* , October 16, 2000, and December 15, 2000, respectively). Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule, with the changes discussed in this document. This final rule also affirms the information contained in the interim rule concerning Executive Orders 12372 and 12988 and the economic analysis under Executive Order 12866 and the Regulatory Flexibility Act. This rule has been reviewed under Executive Order 12866. The rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. Effective Date Pursuant to the administrative procedure provisions in 5 U.S.C. 553, we find good cause for making this rule effective less than 30 days after publication in the **Federal Register** . The interim rule adopted as final by this rule was effective on October 16, 2000. This rule amends the provisions of the interim rule regarding the due date for the submission of applications for tree replacement payments. Immediate action is necessary to enable the Administrator to approve the consideration of late claims when it appears the claim was late through no fault of the owner of the trees, in the Administrator's opinion. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon publication in the **Federal Register** . Paperwork Reduction Act In accordance with section 3507(j) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection and recordkeeping requirements included in the interim rule were granted emergency approval by the Office of Management and Budget

(OMB)under control number 0579-0163. OMB has approved the continuation of that approval for 3 years. List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, the interim rule amending 7 CFR part 301 that was published at 65 FR 61077-61080 on October 16, 2000, is adopted as a final rule with the following changes: 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 § 301.75-15, paragraph

(c)is revised to read as follows: § 301.75-15 Funds for the replacement of commercial citrus trees.

(c)*How to apply for tree replacement funds.* The form necessary to apply for funds to replace commercial citrus trees may be obtained from any local citrus canker eradication program office in Florida, or from the USDA Citrus Canker Eradication Program, 6901 West Sunrise Boulevard, Plantation, FL 33313. The completed application should be accompanied by a copy of the public order directing the destruction of the trees and its accompanying inventory that describes the number and the variety of trees removed. Your completed application must be sent to the USDA Citrus Canker Eradication Program, Attn: Commercial Tree Replacement Program, c/o Division of Plant Industry, 3027 Lake Alfred Road, Winter Haven, FL 33881. Claims for trees destroyed on or before October 16, 2000, must have been received on or before December 15, 2000. Claims for trees destroyed after October 16, 2000, must be received within 60 days after the destruction of the trees. The Administrator may, on a case-by-case basis, approve the consideration of late claims when it appears that the claim was late through no fault of the owner of the trees, in the opinion of the Administrator. However, any request for consideration of a late claim must be submitted to the Administrator on or before August 19, 2002 for trees destroyed on or before August 17, 2001, and within 1 year after the destruction of the trees for trees destroyed after August 17, 2001. Done in Washington, DC, this 13th day of August 2001. Bobby R. Acord, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 01-20779 Filed 8-16-01; 8:45 am]

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