Unknown. Final rule; amendment

2,992 words·~14 min read·/register/2001/11/05/01-27637

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-2001-11-05.xml --- 66 214 Monday, November 5, 2001 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Rural Telephone Bank See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Foot-and-mouth disease; disease status change— France and Ireland, 55872-55876 01-27719 Army Army Department RULES Privacy Act; implementation, 55876-55880 01-27689 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Census Census Bureau NOTICES Reports and guidance documents; availability, etc.:

Census 2000; potential application of statistically adjusted data, 56005-56021 01-27663 Commerce Commerce Department See Census Bureau See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Special access and special regime programs: Participation denial— Mother's Work, Inc., 55914 01-27690 Defense Defense Department See Army Department NOTICES Arms sales notification; transmittal letter, etc., 55914-55928 01-27686 01-27687 01-27688 Grants and cooperative agreements; availability, etc.:

Nationwide TRICARE Demonstration Project, 55928-55930 01-27680 Meetings: Electron Devices Advisory Group, 01-27682 55930-55931 01-27683 01-27684 01-27685 Science Board, 55930 01-27681 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollution control: State and Federal operating permits programs— Compliance certification requirements, 55883-55885 01-27595 Air programs: Fuels and fuel additives— Composition of additives certified under Gasoline Deposit Control Program; variability requirements revisions, 55885-55890 01-27588 Air quality implementation plans; approval and promulgation; various States:

Pennsylvania, 55880-55883 01-27579 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 55890-55892 01-27463 PROPOSED RULES Air programs: Fuels and fuel additives— Composition of additives certified under Gasoline Deposit Control Program; variability requirements revisions, 55905-55907 01-27589 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 55907-55908 01-27464 NOTICES Grants and cooperative agreements; availability, etc.:

Environmental Justice Small Grants Program, 55985-56004 01-27591 Meetings: Science Advisory Board, 55938-55939 01-27726 Superfund; response and remedial actions, proposed settlements, etc.: PRC Patterson Removal Site, CA, 55939 01-27725 01-27727 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 55939-55940 01-27776 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Eagle Aircraft Pty.

Ltd., 55894-55896 01-27654 Fokker, 55896-55898 01-27666 Rockwell Collins, 55898-55900 01-27665 NOTICES Airports: Airport congestion and airline flight delay relief: market-based approaches; comment request, 55978-55979 01-27740 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Louisiana, 55892-55893 01-27640 Michigan, 55892 01-27638 Television stations; table of assignments: Florida, 55893 01-27639 NOTICES Agency information collection activities:

Proposed collection; comment request, 55940 01-27708 FDIC Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 55940 01-27817 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Practice and procedure: Natural gas pipelines and transmitting public utilities (transmission providers); standards of conduct, 55900-55901 01-27674 NOTICES Electric rate and corporate regulation filings: Bangor Hydro-Electric Co. et al., 55935-55936 01-27655 Duke Energy Grays Harbor, LLC, et al., 55936-55937 01-27668 Meetings:

Regional Transmission Organizations— Electricity market design and structure; filing procedures, 55937-55938 01-27675 *Applications, hearings, determinations, etc.:* El Paso Natural Gas Co., 55931-55932 01-27676 LG&E Power Tiger Creek LLC, 55932 01-27672 Northern Natural Gas Co. et al, 55932 01-27670 Southern LNG Inc., 55932-55933 01-27669 Sunbury Generation, LLC, 55933 01-27673 Transcontinental Gas Pipe Line Corp., 55933-55934 01-27671 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 55941 01-27662 Formations, acquisitions, and mergers, 55941 01-27660 Formations, acquisitions, and mergers; correction, 55941 01-27661 Meetings; Sunshine Act, 55941-55942 01-27763 Fish Fish and Wildlife Service NOTICES Meetings: Aquatic Nuisance Species Task Force, 55945-55946 01-27730 Food Food and Drug Administration NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 55942 01-27642 Submission for OMB review; comment request, 55942-55943 01-27641 Meetings:

Clinical trial data monitoring committees; establishment and operation, 55943-55944 01-27643 Nucleic acid testing application to blood borne pathogens and emerging technologies; workshop, 55944 01-27644 Food Food Safety and Inspection Service NOTICES Meat and poultry inspection: Ground beef; Escherichia coli (E. coli); risk assessment, 55912-55913 01-27541 GAO General Accounting Office NOTICES Meetings: Government Auditing Standards Advisory Council, 55942 01-27664 Government Government Ethics Office RULES Executive Branch regulations:

Confidential financial disclosure report filers; filing dates extensions, 55871-55872 01-27637 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration PROPOSED RULES Vaccines: National Vaccine Injury Compensation Program; Vaccine Injury Table; revisions and additions Hearing, 55908 01-27645 Health Health Resources and Services Administration NOTICES Grant and cooperative agreement awards: Hana Community Health Center, 55944-55945 01-27646 Mailman School of Public Health, Columbia University, 55945 01-27647 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 55983-55984 01-27741 International International Trade Administration NOTICES *Applications, hearings, determinations, etc.:* University of— Connecticut et al., 55913-55914 01-27732 International International Trade Commission NOTICES Import investigations: CMOS active pixel image sensors and products containing same, 55958 01-27636 Programmable gate arrays and products containing same, 55958-55959 01-27635 Justice Justice Department See Juvenile Justice and Delinquency Prevention Office PROPOSED RULES Grants:

September 11th victim compensation fund, 55901-55905 01-27821 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings: Juvenile Justice and Delinquency Prevention Coordinating Council, 55959 01-27667 Land Land Management Bureau NOTICES Resource management plans, etc.: Malheur and Jordan Resource Areas, OR, 55946-55947 01-27456 Merit Merit Systems Protection Board NOTICES Opportunity to file amicus briefs: Michaud, Gerald, v. Army Department, 55959-55961 01-27657 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities:

Proposed collection; comment request, 55961 01-27648 Meetings: Humanities National Council, 55962 01-27656 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities: Proposed collection; comment request, 55979-55980 01-27735 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Caribbean Fishery Management Council; hearings, 55910-55911 01-27723 Marine mammals:

Incidental taking— Kodiak Launch Complex, AK; rocket launches; Steller sea lions, 55909-55910 01-27734 National Park National Park Service NOTICES Agency information collection activities: Proposed collection; comment request, 55947-55948 01-27691 Submission for OMB review; comment request, 01-27692 55948-55949 01-27693 Concession contracts and permits: Extension of expiring contracts for up to one year, 55949-55950 01-27696 Environmental statements; availability, etc.: Great Falls Park, VA, 55950 01-27694 Meetings:

National Preservation Technology and Training Advisory Board, 55950-55951 01-27699 National Register of Historic Places: Pending nominations, 01-27697 55951-55952 01-27698 Native American human remains and associated funerary objects: American Museum of Natural History, New York, NY— Inventory from Lake Superior, MN, 55953-55954 01-27702 Inventory from Whatcom County, WA, 55952-55953 01-27701 Brooklyn Museum of Art, NY— Hopi spirit friends (Katsina masks), etc., from Arizona, 55954-55955 01-27707 Land Management Bureau, New Mexico State Office, NM— Anasazi inventory from New Mexico, 55955 01-27706 Phoebe A.

Hearst Museum of Anthropology, University of California-Berkeley, CA— Inventory from Williamson River, OR, 55955-55956 01-27704 San Franscisco State University, Anthropology Department, CA— Inventory from Marin County, CA, 55956-55957 01-27705 University of Denver, Anthropology Department and Museum, CO— Inventory from Maricopa or Pinal County, AZ, 55957-55958 01-27703 National Science National Science Foundation NOTICES Agency information collection activities: Proposed collection; comment request, 55962-55963 01-27677 Antarctic Conservation Act of 1978; permit applications, etc., 55963-55964 01-27678 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Duke Energy Corp., 55964-55965 01-27731 Presidential Presidential Documents EXECUTIVE ORDERS Presidential Records Act, implementing policies and procedures; establishment (EO 13233), 56023-56029 01-27917 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration Rural Rural Telephone Bank NOTICES Bylaw amendments; correction, 55913 01-27715 RUS Rural Utilities Service NOTICES Environmental statements; availability, etc.:

Georgia Transmission Corp., 55913 01-27714 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 01-27709 55965-55966 01-27711 Submission for OMB review; comment request, 55966 01-27710 Investment Company Act of 1940: Exemption applications— Golden American Life Insurance Co. et al., 55973-55977 01-27713 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 55966-55973 01-27712 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Union Pacific Railroad Co., 55981 01-27733 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Statistics Bureau NOTICES Airports: Airport congestion and airline flight delay relief: market-based approaches; comment request, 55978-55979 01-27740 Aviation proceedings:

Agreements filed; weekly receipts, 55978 01-27737 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 55978 01-27738 Hearings, etc.— Paradise Air, 55978 01-27739 Transportation Transportation Statistics Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 55981-55982 01-27736 Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 55982-55983 01-27649 01-27650 Separate Parts In This Issue Part II Environmental Protection Agency, 55985-56004 01-27591 Part III Commerce Department, Census Bureau, 56005-56021 01-27663 Part IV The President, 56023-56029 01-27917 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.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 66 214 Monday, November 5, 2001 Rules and Regulations OFFICE OF GOVERNMENT ETHICS 5 CFR Part 2634 RIN 3209-AA00 Executive Branch Financial Disclosure, Qualified Trusts, and Certificates of Divestiture; Extensions of Filing Dates for Certain Confidential Financial Disclosure Report Filers AGENCY:

Office of Government Ethics (OGE). ACTION: Final rule; amendment. SUMMARY: The Office of Government Ethics is adopting as final a procedural rule amendment relating to extensions of filing dates for certain filers of Confidential Financial Disclosure Reports. The amendment allows agencies to extend the filing date for the submission of confidential reports for active duty members of the Armed Forces, civilian employees and others who are in a combat zone or otherwise supporting the Armed Forces or other governmental entities following a Presidential declaration of national emergency.

EFFECTIVE DATE: November 5, 2001. FOR FURTHER INFORMATION CONTACT: Norman Smith, Senior Associate General Counsel, Office of Government Ethics; telephone: 202-208-8000; TDD: 202-208-8025; FAX: 202-208-8037. SUPPLEMENTARY INFORMATION: On September 14, 2001, President George W. Bush declared that a national emergency has existed since September 11, 2001, by reason of the terrorist attacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States.

See Presidential Proclamation 7463, as published at 66 FR 48199. Members of the Armed Forces, reservists, and civilian employees are responding to the Presidential proclamation of a national emergency. Many of these individuals who are in Federal Government service in the executive branch are required to file Confidential Financial Disclosure Reports under the disclosure system established pursuant to the Ethics in Government Act of 1978 as amended, and Executive Order 12674, as modified.

The regulations governing the confidential financial disclosure reporting system are codified at subpart I of 5 CFR part 2634. The next filing date for incumbent confidential reports is October 31, 2001 (unless an extension not to exceed 90 days has been granted under agency authority). Consequently, in order to ameliorate the filing burden on those confidential filers who are being deployed or sent to a combat zone or required to perform services away from their normal duty station in support of the Armed Forces or other governmental entities, this final rulemaking action revises paragraph

(d)of § 2634.903 to provide for a discretionary extension of the filing date to last no longer than 90 days after the period of active duty service, return to the employee's normal duty station, or a resultant hospitalization. This extension authority is intended to provide relief for persons who are in combat areas or otherwise responding to the national emergency, such as those situations where it is impractical for the confidential filer to obtain access to personal records. Our expectation is that an extension will not be granted unless the confidential filer is required to perform services outside the vicinity of her local commuting area (as defined by the agency). We note that agencies may look to existing agency policies or rules for guidance concerning what is considered to be outside the vicinity of the “local commuting area.” Typically, agencies will have defined the limits of a local commuting area for such purposes as, for example, determining entitlement to transportation expenses (such as per diem) or entitlement to overtime pay for travel, or for reduction in force purposes. Finally, we note any such special extension granted is not intended to toll the running of the period of any regular extension granted by an agency under newly redesignated paragraph (d)(1) of § 2634.903. Agencies may exercise their extension authority on a case-by-case basis or by class designation. Agencies should appropriately document in their records the duration and circumstances of any case in which the extension is utilized, including for example the last date of service in a combat zone (if known), date of return to a permanent duty station, or the dates of any resultant hospitalization. Matters of Regulatory Procedure Administrative Procedure Act Pursuant to 5 U.S.C. 553(b) and (d), as Director of the Office of Government Ethics, I find good cause exists for waiving the provisions for general notice of proposed rulemaking, opportunity for public comment, and 30-day delay in effectiveness as to this amendment. These provisions are being waived because it is in the public interest that this amendment, which is being issued to assist in a national emergency and both grants authority for an exemption for, and relief of a restriction (filing burden) on, certain confidential report filers, take effect as soon as possible. Executive Order 12866 In promulgating this final rule amendment, the Office of Government Ethics has adhered to the regulatory philosophy and the applicable principles of regulation set forth in section 1 of Executive Order 12866, Regulatory Review and Planning. The amendment has not been reviewed by the Office of Management and Budget under that Executive order since it is not a significant regulatory action within the meaning of the Executive Order. Executive Order 12988 As Director of the Office of Government Ethics, I have reviewed this final amendatory regulation in light of section 3 of Executive Order 12988, Civil Justice Reform, and certify that it meets the applicable standards provided therein. Regulatory Flexibility Act As Director of the Office of Government Ethics, I certify under the Regulatory Flexibility Act (5 U.S.C. chapter 6) that this amendatory rule will not have a significant economic impact on a substantial number of small entities because it primarily affects Federal executive branch employees. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply because this amendment does not contain information collection requirements that require the approval of the Office of Management and Budget. Congressional Review Act The Office of Government Ethics has determined that this amendatory rulemaking is a nonmajor rule under the Congressional Review Act (5 U.S.C. chapter 8) and has provided a report thereon to the United States Senate, House of Representatives and General Accounting Office in accordance with that law. Unfunded Mandates Reform Act For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. chapter 25, subchapter II), this rule will not significantly or uniquely affect small governments and will not result in increased expenditures by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (as adjusted for inflation). List of Subjects in 5 CFR Part 2634 Certificates of divestiture, Conflict of interests, Confidential financial disclosure reports, Government employees, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. Approved: October 26, 2001. Amy L. Comstock, Director, Office of Government Ethics. Accordingly, for the reasons set forth in the preamble, the Office of Government Ethics is amending 5 CFR part 2634 as follows: PART 2634—EXECUTIVE BRANCH FINANCIAL DISCLOSURE, QUALIFIED TRUSTS, AND CERTIFICATES OF DIVESTITURE 1. The authority citation for part 2634 continues to read as follows: Authority: 5 U.S.C. App. (Ethics in Government Act of 1978); 26 U.S.C. 1043; Pub. L. 101-410, 104 Stat. 890, 28 U.S.C. 2461 **Note** (Federal Civil Penalties Inflation Adjustment Act of 1990), as amended by Sec. 31001, Pub. L. 104-134, 110 Stat. 1321 (Debt Collection Improvement Act of 1996); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306. Subpart I—Confidential Financial Disclosure Reports 2. Section 2634.903 is amended by revising paragraph

(d)to read as follows: § 2634.903 General requirements, filing dates, and extensions.

(d)*Extensions* —(1) *Agency extensions.* The agency reviewing official may, for good cause shown, grant to any employee or class of employees a filing extension or several extensions totaling not more than 90 days.

(2)*Certain service during period of national emergency.* In the case of an active duty military officer or enlisted member of the Armed Forces, a Reserve or National Guard member on active duty under orders issued pursuant to title 10 or title 32 of the United States Code, a commissioned officer of the Uniformed Services (as defined in 10 U.S.C. 101), or any other employee, who is deployed or sent to a combat zone or required to perform services away from his permanent duty station in support of the Armed Forces or other governmental entities following a declaration by the President of a national emergency, the agency reviewing official may grant such individual a filing extension to last no longer than 90 days after the last day of:

(i)The individual's service in the combat zone or away from his permanent duty station; or

(ii)The individual's hospitalization as a result of injury received or disease contracted while serving during the national emergency.

(3)*Agency procedures.* Each agency may prescribe procedures to provide for the implementation of the extensions provided for by this paragraph. [FR Doc. 01-27637 Filed 11-2-01; 8:45 am]

Connectionstraces to 8

Traces to 8 documents

U.S. Code

statutes-at-large