Unknown. Final rule
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/register/2001/08/24/01-21400A 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-2001-08-24.xml --- 66 165 Friday, August 24, 2001 Contents Editorial Note: In the **Federal Register** table of contents of August 23, 2001, the final rule under Agriculture Department should have read: Agriculture Agriculture Department RULES Export sales reporting requirements: Beef, 44291 Administrative Administrative Committee of the Federal Register See Federal Register, Administrative Committee Agriculture Agriculture Department See Forest Service Air Force Air Force Department NOTICES Meetings:
U.S. Nuclear Command and Control System End-to-End Review Federal Advisory Committee, 44606 01-21371 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities 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 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 44637 01-21403 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare:
Hospital outpatient services; prospective payment system, 44671-44912 01-21213 Medicare and Medicaid: Anesthesia services; hospital participation conditions Correction, 44585-44586 01-21574 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Oregon, 44593 01-21462 Commerce Commerce Department See Economic Development Administration See Export Administration Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities:
Submission for OMB review; comment request, 01-21506 01-21507 44593-44594 01-21510 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 44591-44592 01-21467 01-21468 Corporation Corporation for National and Community Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 44605 01-21458 Defense Defense Department See Air Force Department PROPOSED RULES Acquisition regulations:
Large business concerns; customary progress payment rate, 44588-44589 01-21466 NOTICES Grants and cooperative agreements; availability, etc.: Small Business Competitiveness Demonstration Program, 44605-44606 01-21465 Economic Economic Development Administration NOTICES Trade adjustment assistance eligibility determination petitions: New Holland Lingerie, Inc., et al., 44594-44595 01-21402 Employment Employment Standards Administration NOTICES Agency information collection activities:
Proposed collection; comment request, 44647-44649 01-21483 01-21484 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 44649-44650 01-21125 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Powerplant and industrial fuel use; new electric powerplant coal capability: Self-certification filings— Pierce Power, LLC, et al., 44606-44607 01-21419 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
Pennsylvania, 44528-44548 01-21423 01-21425 01-21427 01-21429 01-21432 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Connecticut, 44582-44585 01-21442 Maryland, 44574-44578 01-21435 Pennsylvania, 01-21424 01-21426 01-21428 01-21430 44568-44574, 44578-44582 01-21431 01-21433 01-21434 Water pollution control: Marine sanitation devices— Florida Keys National Marine Sanctuary, FL; no discharge zone, 44585 01-21445 NOTICES Environmental statements; availability, etc.:
Agency statements— Comment availability, 44621-44622 01-21450 Weekly receipts, 44620-44621 01-21449 Meetings: Combustion turbines; monitoring and reporting requirements, 44622 01-21444 Tribal Pesticide Program Council, 44622-44624 01-21446 Pesticide, food, and feed additive petitions: Interregional Research Project (No. 4), 44624-44629 01-21447 Rohm & Haas Co., 44629-44634 01-21448 Superfund; response and remedial actions, proposed settlements, etc.: Atlantic Richfield Co., International Smelter Site, UT, 44634 01-21443 Executive Executive Office of the President See Presidential Documents Export Export Administration Bureau NOTICES Meetings:
Materials Technical Advisory Committee, 44595 01-21416 Regulations and Procedures Technical Advisory Committee, 44595-44596 01-21417 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Boeing, 44553-44555 01-21224 Boeing; withdrawn, 44561-44562 01-21496 McDonnell Douglas, 44562-44565 01-21497 Rolls-Royce Corp., 44560-44561 01-21398 SOCATA-Groupe AEROSPATIALE, 44556-44560 01-21397 01-21406 FCC Federal Communications Commission RULES Radio stations; table of assignments:
Kentucky, 44549 01-21412 Washington, 44548 01-21409 PROPOSED RULES Radio stations; table of assignments: Michigan, 44586-44587 01-21410 Oklahoma and Texas, 44586, 44588 01-21408 01-21413 Texas, 44587 01-21411 NOTICES Agency information collection activities: Proposed collection; comment request, 44634-44635 01-21415 Common carrier services: Telecommunications Act of 1996; implementation— Advanced telecommunications capability deployment; inquiry, 44636 01-21414 FDIC Federal Deposit Insurance Corporation NOTICES Meetings;
Sunshine Act, 44636 01-21537 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: American Ref-Fuel Co. of Southeastern Connecticut et al., 44613-44614 01-21375 DTE Energy Co. et al., 44614-44617 01-21376 Environmental statements; notice of intent: Kern River Gas Transmission Co., 44617-44620 01-21379 *Applications, hearings, determinations, etc.:* AES Red Oak, LLC, 44607-44608 01-21386 Consolidated Edison Co. of New York, Inc., 44608 01-21377 Electric City Energy Producers, LLC, 44608 01-21385 Equitec Power, LLC, 44609 01-21387 Halt Co. of Ohio, 44609 01-21382 Jackson County Power, LLC, 44609-44610 01-21389 Megawatt Marketing, LLC, 44610 01-21380 Morrow Power, LLC, 44610-44611 01-21388 New England Power Pool et al., 44611 01-21374 Nordic Energy Barge No. 1, L.L.C., et al., 44611 01-21383 Peoples Energy Services Corp., 44611-44612 01-21384 Santa Rosa Energy, LLC, 44612 01-21381 Somerset Windpower, LLC, 44612 01-21378 Vector Pipeline L.P., 44612-44613 01-21390 Federal Register Federal Register, Administrative Committee RULES Federal Register publications; prices and availability, 44523-44525 01-21400 Federal Reserve Federal Reserve System RULES Credit by brokers and dealers (Regulation T):
Foreign margin stocks; list, 44525-44526 01-21359 NOTICES Banks and bank holding companies: Change in bank control, 44636-44637 01-21459 Formations, acquisitions, and mergers, 44637 01-21460 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service RULES Book-entry Treasury bonds, notes, and bills: Uniform Commercial Code; substantially identical State statute determinations— South Carolina, 44526 01-21461 Food Food and Drug Administration NOTICES Meetings:
Blood Products Advisory Committee, 44637-44638 01-21361 Medical Devices Advisory Committee, 44638 01-21360 Forest Forest Service NOTICES Reports and guidance documents; availability, etc.: Forest transportation system; adminstrative policy Interim direction; comment request, 44590-44591 01-21464 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health Housing Housing and Urban Development Department NOTICES Agency information collection activities:
Submission for OMB review; comment request, 44640 01-21399 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 44913-44944 01-21215 Immigration Immigration and Naturalization Service NOTICES Immigration: Detained aliens requesting release under Zadvydas v. Davis, 44646 01-21401 Interior Interior Department See Land Management Bureau IRS Internal Revenue Service PROPOSED RULES Income taxes: Testamentary trusts; qualified subchapter S trust election, 44565-44568 01-21353 International International Boundary and Water Commission, United States and Mexico NOTICES Environmental statements; availability, etc.:
Tijuana, Baja California; emergency deliveries of part of Mexico's Colorado River waters through Southern California aqueducts, 44650-44652 01-21404 International International Trade Administration NOTICES Antidumping: Fresh garlic from— China, 44596-44600 01-21469 Static random access memory semiconductors from— Taiwan, 44600 01-21470 *Applications, hearings, determinations, etc.:* St Louis Science Center, 44600-44601 01-21471 Justice Justice Department See Immigration and Naturalization Service NOTICES Pollution control; consent judgments:
Commerce Holding Co., Inc., 44645-44646 01-21373 Continental Equities, Inc., 44646 01-21372 Labor Labor Department See Employment Standards Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 44646-44647 01-21482 Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 44640-44643 01-21472 01-21473 01-21474 Oil and gas leases: Arizona, 44643 01-21478 New Mexico, 44643 01-21476 Public land orders:
New Mexico, 44643-44644 01-21453 Realty actions; sales, leases, etc.: New Mexico, 44644-44645 01-21475 Utah, 44645 01-21477 Maritime Maritime Administration NOTICES Agency information collection activities: Proposed collection; comment request, 44662 01-21463 Mexico Mexico and United States, International Boundary and Water Commission See International Boundary and Water Commission, United States and Mexico NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council, 44652 01-21367 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
Fellowships Advisory Panel, 44652 01-21407 National Highway National Highway Traffic Safety Administration NOTICES Meetings: Safety performance standards; vehicle regulatory program, 44662-44663 01-21456 Motor vehicle safety standards; exemption petitions, etc.: International Truck & Engine Corp., 44663 01-21455 Reliance Trailer Co., LLC, 44663-44664 01-21454 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Visiting Committee, 44601 01-21363 NIH National Institutes of Health NOTICES Recombinant DNA molecules research:
Actions under guidelines Proposed, 44638-44640 01-21392 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation— California/Oregon drift gillnet fishery; leatherback sea turtles; incidental take level, 44549-44552 01-21512 Fishery conservation and management: West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 44552 01-21486 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Niagara Mohawk Power Corp., 44653-44655 01-21436 Patent Patent and Trademark Office RULES Registration of agents and representative for Enrollment and Discipline Director in disciplinary proceedings; interpretation, 44526-44527 01-21480 NOTICES Electronic products; availability from Information Products Division, 44601-44603 01-21481 Native American Tribes, federally and State recognized; official insignia database establishment and maintenance, 44603-44605 01-21479 Presidential Presidential Documents ADMINISTRATIVE ORDERS Pakistan; waiver of sanctions on export of select U.S.
Munitions List U.S.- origin parts and ammunition (Presidential Determination No. 2001-23), 44521 01-21586 Public Public Debt Bureau See Fiscal Service Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Secret Secret Service NOTICES Senior Executive Service: Performance Review Boards; membership, 44666-44667 01-21362 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:
Chicago Board Options Exchange, Inc., 44655-44656 01-21368 Depository Trust Co., 44656-44657 01-21370 National Association of Securities Dealers, Inc., 44657-44659 01-21369 Options Clearing Corp., 44659-44661 01-21421 Stock Clearing Corp. of Philadelphia, 44661 01-21420 SBA Small Business Administration NOTICES Meetings: Regulatory Fairness Boards— Tri-Regional, 44661-44662 01-21350 Surface Surface Transportation Board NOTICES Railroad services abandonment: CSX Transportation, Inc., 44664-44665 01-21332 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Fiscal Service See Internal Revenue Service See Secret Service NOTICES Agency information collection activities:
Submission for OMB review; comment request, 01-21364 44665-44666 01-21365 01-21366 Veterans Veterans Affairs Department RULES Adjudication; pensions, compensation, dependency, etc.; and disabilities rating schedule: Adaptive equipment for automobiles or other conveyances; eligibility certification, 44527-44528 01-21499 NOTICES Agency information collection activities: Proposed collection; comment request, 01-21500 44667-44669 01-21503 01-21504 01-21505 Submission for OMB review; comment request, 01-21501 44669-44670 01-21502 Separate Parts In This Issue Part II Department of Health and Human Services, Centers for Medicare & Medicaid Services, 44671-44912 01-21213 Part III Department of Housing and Urban Development, 44913-44944 01-21215 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. 66 165 Friday, August 24, 2001 Rules and Regulations ADMINISTRATIVE COMMITTEE OF THE FEDERAL REGISTER 1 CFR Part 11 RIN 3095-ZA03 Prices and Availability of Federal Register Publications AGENCY:
Administrative Committee of the Federal Register. ACTION: Final rule. SUMMARY: The Administrative Committee of the **Federal Register** announces increases in the prices charged for the paper and microfiche editions of **Federal Register** publications. The price changes apply to the daily **Federal Register** , the **Federal Register** Index and LSA (List of CFR Sections Affected), the Code of Federal Regulations, and the Weekly Compilation of Presidential Documents. The Administrative Committee has determined that it is necessary to increase prices to enable the Government Printing Office to recover more of the cost of producing and distributing **Federal Register** publications.
DATES: This final rule is effective September 24, 2001. FOR FURTHER INFORMATION CONTACT: Michael White at 202-275-4292, ext. 275. SUPPLEMENTARY INFORMATION: Background Under the **Federal Register** Act (44 U.S.C. Chapter 15), the Administrative Committee of the **Federal Register** is responsible for establishing the prices charged for **Federal Register** publications. **Federal Register** publications are sold and distributed to the public by the Government Printing Office's
(GPO)Superintendent of Documents. The Administrative Committee periodically reviews data submitted by the Superintendent of Documents to determine whether subscription rates and single copy prices of **Federal Register** publications produce sufficient revenue to keep pace with GPO's printing, handling and distribution costs, as well as postal rate increases. GPO receives no appropriation for any of the costs associated with producing **Federal Register** publications. Sales revenue supports the costs of the sales program. In January 2001, the Administrative Committee reviewed data submitted by the Government Printing Office (GPO). The data indicates that sales revenue is insufficient to cover the program costs of certain **Federal Register** publications. The shortfall in sales revenue is attributable to declining paper subscriptions, increases in GPO employee pay scales and benefits, higher paper prices, and a 12.7 percent increase in postal rates in 2001. Although GPO has taken aggressive measures to achieve savings in its sales program, such as reducing full time equivalent employee costs by 29 percent since 1994, a number of other factors have combined to make it necessary to raise the price of paper publications. Part of the increased program costs can be attributed to a rise in the number of pages printed per subscription. The number of pages printed for each subscription to the **Federal Register** has increased by more than 10 percent since 1997 (66,934 pages in 1997 as compared with 77,234 pages in 2000). A sharp decline in the number of paid subscriptions has also contributed to the need for price increases. Since 1994, when the Administrative Committee began providing online access to the **Federal Register** , subscriptions have fallen by 73 percent. The decline in paper subscription revenue far exceeds the savings realized from reduced production costs. As a result, handling costs must be allocated over a much smaller base of orders, forcing increases in the prices of paper publications. Based on this information, the Administrative Committee determined that it should propose price increases for certain publications to more accurately reflect the current costs of production and distribution. The Administrative Committee published a proposed rule on price changes for **Federal Register** publications on June 6, 2001 at 66 FR 30340. The proposed pricing schedule took into account the actual production, handling and distribution costs for paper publications over the past year and projected costs for the remainder of 2001. In this final rule, the Administrative Committee adopts without change the new subscription rates and single copy prices as set out in the proposed rule. The price changes issued in the final rule are reflected in amendments to 1 CFR part 11. The following rates will be effective September 24, 2001. The annual subscription rate for the daily **Federal Register** paper edition increases from $638 to $699. For a combined **Federal Register** , **Federal Register** Index and LSA (List of CFR Sections Affected) subscription, the rate increases from $697 to $764. The price of a single copy of the daily **Federal Register** paper edition increases from $9 to $10. The annual subscription rate for the microfiche edition of the **Federal Register** , which includes the **Federal Register** Index and LSA, increases from $253 to $264. The annual subscription price for the **Federal Register** Index increases from $28 to $30. The annual subscription price for the monthly LSA increases from $31 to $35. The annual subscription rate for a full set of the CFR paper edition increases from $1094 to $1195. The annual subscription rate for the microfiche edition of the CFR increases from $290 to $298. The annual subscription rates for the Weekly Compilation of Presidential Documents increase from $92 to $103 for delivery by non-priority mail and from $151 to $169 for delivery by first-class mail. The changes to subscription rates for the paper editions amount to a 9.6 percent increase in the price of the **Federal Register** , a 9.2 percent increase in the price of the CFR, and a 12 percent increase in the price of the Weekly Compilation of Presidential Documents. The single copy prices for the Weekly Compilation of Presidential Documents and the microfiche editions of the daily **Federal Register** and CFR will not change. In the proposed rule, the Administrative Committee acknowledged that subscribers who prefer the convenience of having the paper editions of **Federal Register** publications delivered to their places of business would incur additional expenses. However, the Committee also stated that individuals and small businesses would not be substantially affected because of the free access that is provided to the online editions on GPO Access and to the paper editions at Federal Depository libraries. One person submitted a comment on the proposed rule. The commenter stated that the price increases did not adversely affect her ability to access Federal rules and policies. The commenter has relied on obtaining free access through a Depository library in the past and now uses the free online edition of the **Federal Register** on GPO Access. The commenter noted that having ready access to the online edition saves her the cost of driving at least 640 miles per year to a Depository library to do research and make photocopies. Use of online **Federal Register** publications on the GPO Access service (http://www.access.gpo.gov/nara) has expanded rapidly since free service was introduced in late 1995. Information retrievals from the online edition of the **Federal Register** grew from just under 15 million documents in calendar year 1996 to over 61 million documents downloaded in calendar year 2000. Over the same period, information retrievals from the online edition of the CFR grew from about 725,000 documents to more than 93 million documents downloaded. The success of the online publications demonstrates that the Administrative Committee is fulfilling its mission to provide the public with essential information on the functions, actions, and regulatory requirements of the Federal government. At the same time, the Administrative Committee is constantly engaged in efforts to improve the quality of our online publications, including investments in new technology applications that will enhance e-government services to the public. In addition, GPO recently took new steps to significantly increase server capacity to meet the growing demand for online access to **Federal Register** publications. For members of the public who prefer to read the printed editions, GPO continues to provide free access to **Federal Register** publications at Federal Depository libraries located throughout the nation under funding provided by Congress. Regulatory Analysis Executive Order 12866 This rule has been drafted in accordance with Executive Order 12866, section 1(b), “Principles of Regulation.” The Administrative Committee consulted with the Office of Management and Budget
(OMB)and determined that the rule does not meet the criteria for a significant regulatory action under Executive Order 12866. The annualized cost of the rule will be far less than $100 million and it does not meet any of the other criteria of section 3(f) of Executive Order 12866. Therefore, this final rule is not subject to OMB review. Regulatory Flexibility Act The Administrative Committee has determined that the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* , does not apply to rate increases necessary to recover the costs to the Government for printing and distributing **Federal Register** publications. This rule will not have a significant impact on a substantial number of small entities since it imposes no substantive requirements, and any increased costs can be avoided by accessing **Federal Register** publications through the free GPO Access service on the Internet or at a Federal depository library. Therefore, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Federalism This rule has no Federalism implications under Executive Order 13132. It does not impose compliance costs on State or local governments or preempt State law. Congressional Review This rule is not a major rule as defined by 5 U.S.C. 804(2). The Administrative Committee will submit a rule report, including a copy of this final rule, to each House of the Congress and to the Comptroller General of the United States as required under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act of 1986. List of Subjects in 1 CFR Part 11 Code of Federal Regulations, **Federal Register,** Government publications, Weekly Compilation of Presidential Documents. For the reasons discussed in the preamble, the Administrative Committee of the Federal Register amends part 11 of chapter I of title 1 of the Code of Federal Regulations as set forth below: PART 11—SUBSCRIPTIONS 1. The authority citation for part 11 continues to read as follows: Authority: 44 U.S.C. 1506; sec. 6, E.O. 10530, 19 FR 2709, 3 CFR, 1954-1958 Comp., p. 189. 2. In § 11.2, revise paragraph
(a)to read as follows: § 11.2 Federal Register.
(a)The subscription price for the paper edition of the daily **Federal Register** , including postage, is $699 per year. A combined subscription to the daily **Federal Register** , the monthly **Federal Register** Index, and the monthly LSA (List of CFR Sections Affected), including postage, is $764 per year for the paper edition, or $264 per year for the microfiche edition. Six-month subscriptions to the paper and microfiche editions are also available at one-half the annual rate. Limited quantities of current or recent issues may be purchased for $10 per copy for the paper edition, or $2 per copy for the microfiche edition. 3. In § 11.3, revise paragraph
(a)to read as follows: § 11.3 Code of Federal Regulations.
(a)The subscription price for a complete set of the Code of Federal Regulations, including postage, is $1195 per year for the bound, paper edition, or $298 per year for the microfiche edition. The Government Printing Office sells individual volumes of the paper edition of the Code of Federal Regulations at prices determined by the Superintendent of Documents under the general direction of the Administrative Committee. The price of a single volume of the microfiche edition is $2 per copy. 4. In § 11.6, revise paragraph
(a)to read as follows: § 11.6 Weekly Compilation of Presidential Documents.
(a)The subscription price for the paper edition of the Weekly Compilation of Presidential Documents is $103 per year for delivery by non-priority mail, or $169 per year for delivery by first-class mail. The price of an individual copy is $4. 5. Revise § 11.7 to read as follows: § 11.7 Federal Register Index. The annual subscription price for the monthly **Federal Register** Index, purchased separately, in paper form, is $30. 6. Revise § 11.8 to read as follows: § 11.8 LSA (List of CFR Sections Affected). The annual subscription price for the monthly LSA (List of CFR Sections Affected), purchased separately, in paper form, is $35. John W. Carlin, Chairman. Michael F. Di Mario, Member. Rosemary Hart, Member. John D. Ashcroft, Attorney General. John W. Carlin, Archivist of the United States. [FR Doc. 01-21400 Filed 8-23-01; 8:45 am]
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