Unknown. Final rule

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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-2001-11-21.xml --- 66 225 Wednesday, November 21, 2001 Contents Agricultural Agricultural Marketing Service RULES Cherries (sweet) grown in— Washington, 58350-58356 01-29116 Cherries

(tart)grown in— Michigan et al., 58356-58362 01-29111 01-29115 Potatoes; Fresh Russet Potato Diversion Program, 58349-58350 01-29110 Walnuts grown in— California, 58362-58364 01-29114 NOTICES Apple juice from concentrate; grade standards, 58430-58431 01-29113 Figs (dried); grade standards, 58431-58432 01-29112 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Program payments; income tax exclusion; primary purpose determinations: Wisconsin Agriculture, Trade and Consumer Protection Department— Soil and Water Resource Management Grant Program, 58430 01-29017 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 58501-58502 01-29050 Meetings: HIV and STD Prevention Advisory Committee, 58502 01-29051 Coast Guard Coast Guard RULES Pollution: National Invasive Species Act of 1996; implementation, 58381-58393 01-28162 NOTICES Environmental statements; availability, etc.: Coast Guard Museum relocation; gift of land in New London, CT; acceptance; comment request, 58547-58548 01-29081 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Czech Republic, 58445-58446 01-29141 Dominican Republic, 58446-58447 01-29013 El Salvador, 58447 01-29142 Fiji, 58447-58448 01-29014 Hungary, 58448-58449 01-29143 Kuwait, 58449 01-29015 Laos, 58449-58450 01-29016 Defense Defense Department See Engineers Corps PROPOSED RULES Prototype projects; transactions other than contracts, grants, or cooperative agreements, 58422-58425 01-29008 NOTICES Arms sales notification; transmittal letter, etc., 58450-58453 01-29006 Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 58493-58495, 58453-58456 01-29120 01-29121 01-29122 01-29123 01-29124 01-29125 01-29126 01-29127 Meetings: Science Board, 58456 01-29007 Privacy Act: Systems of records, 58456-58458 01-29009 Education Education Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 58460 01-29012 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission NOTICES Radioactive waste: Yucca Mountain, NV— Site recommendation consideration; hearings, etc., 58460-58461 01-29168 Energy Energy Efficiency and Renewable Energy Office RULES Energy conservation program: Weatherization Assistance Program for Low-Income Persons, 58364-58366 01-28823 Engineers Engineers Corps NOTICES Environmental statements; availability, etc.: South Dakota; land transfer, 58459 01-29151 Environmental statements; notice of intent: Harrison County, MS; Royal D’Iberville Casino and Hotel, 58459-58460 01-29150 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Pesticide active ingredient production, 58393-58400 01-29067 01-29098 Air pollution control: State operating permits programs— Virginia, 58400 01-29102 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Azoxystrobin, 58400-58408 01-28971 PROPOSED RULES Air pollutants, hazardous; national emission standards: Asphalt processing and asphalt roofing manufacturing facilities, 58609-58642 01-28192 Pesticide active ingredient production, 58425-58428 01-29068 01-29099 Water pollution; discharge of pollutants (NPDES): Concentrated animal feeding operations; permit regulation and effluent limitations guidelines and standards; data availability, 58555-58607 01-28738 NOTICES Meetings: Environmental Policy and Technology National Advisory Council, 58466-58467 01-29105 Scientific Counselors Board, 58467-58468 01-29103 Scientific Counselors Board Executive Committee, 58468 01-29104 Pesticide, food, and feed additive petitions: Interregional Research Project (No. 4), 58473-58477 01-28861 ISK Biosciences Corp. et al., 58477-58481 01-28739 SciReg, Inc., 58481-58485 01-28740 Pesticide registration, cancellation, etc.: Dow AgroSciences, 58468-58472 01-28972 Taensa, Inc., 58472-58473 01-28741 Reports and guidance documents; availability, etc.: Food Quality Protection Act— Pesticide removal and transformations; water treatment effects; incorporation in drinking water assessments, 58485-58489 01-28973 Executive Executive Office of the President See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Air carrier certification and operations: Flightcrew compartment access and door designs, 58649-58653 01-29280 Airworthiness directives: Raytheon, 58366-58370 01-29019 FCC Federal Communications Commission RULES Radio stations; table of assignments: Missouri, 58409 01-29085 New Hampshire, 58408 01-29083 New Mexico, 58408-58409 01-29084 Pennsylvania, 58410 01-29089 Texas and Louisiana, 58409-58410 01-29088 PROPOSED RULES Radio stations; table of assignments: California, 58428-58429 01-29086 Kentucky and Virginia, 58429 01-29087 NOTICES Agency information collection activities: Proposed collection; comment request, 58489-58490 01-29082 FDIC Federal Deposit Insurance Corporation NOTICES Financial institutions; receivership determinations, 58490 01-29080 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 58490 01-29294 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: New England Power Co. et al., 58464 01-29024 Environmental statements; availability, etc.: Maritimes & Northeast Pipeline, L.L.C., et al., 58464-58465 01-29072 Meetings: Post-Certificate Environmental Compliance and Environmental Report Preparation Training Seminars, 58465-58466 01-29071 *Applications, hearings, determinations, etc.:* Allegheny Energy Supply Co., LLC, 58461 01-29075 Dominion Transmission, Inc., 58461 01-29076 El Paso Natural Gas Co., 58462 01-29078 Empire District Electric Co., 58463-58464 01-29074 Panhandle Eastern Pipe Line Co., 58462-58463 01-29073 Tennessee Gas Pipeline Co., 58463 01-29077 Federal Highway Federal Highway Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 58548-58549 01-29062 Grants and cooperative agreements; availability, etc.: Transportation Infrastructure Finance and Innovation Act of 1998; major surface transportation projects; credit assistance, 58549-58551 01-29059 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 58490-58491 01-29134 Ocean transportation intermediary licenses: Blue Ocean Transport, Inc., et al., 58491 01-29136 GES Logistics, Inc., 58491 01-29133 T. Parker Host, Inc., et al., 58491-58492 01-29135 Federal Railroad Federal Railroad Administration NOTICES Grants and cooperative agreements; availability, etc.: Transportation Infrastructure Finance and Innovation Act of 1998; major surface transportation projects; credit assistance, 58551 01-29060 Federal Reserve Federal Reserve System NOTICES Federal Open Market Committee: Domestic policy directives, 58492 01-29020 FTC Federal Trade Commission NOTICES Agency information collection activities: Proposed collection; comment request, 58492-58493 01-29119 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: Transportation Infrastructure Finance and Innovation Act of 1998; major surface transportation projects; credit assistance, 58551 01-29061 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 01-29018 58513-58514 01-29052 01-29070 Marine mammal permit applications, 58514 01-29069 Food Food and Drug Administration NOTICES Meetings: Veterinary Medicine Advisory Committee, 58502-58503 01-29003 Reports and guidance documents; availability, etc.: Prescription Drug User Fee Act— Information request and discipline review letters, 58503-58504 01-29004 Forest Forest Service NOTICES Meetings: Opal Creek Scenic Recreation Area Advisory Council, 58432 01-29049 GSA General Services Administration NOTICES Environmental statements; availability, etc.: Suitland Federal Center, Suitland MD, 58495-58500 01-29128 United States Mission to United Nations; demolition and new facility construction, 58493 01-29129 Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 58493-58495, 58453-58456 01-29120 01-29121 01-29122 01-29123 01-29124 01-29125 01-29126 01-29127 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Meetings: Complementary and Alternative Medicine Policy, White House Commission, 58500-58501 01-29048 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 58504 01-29058 Grants and cooperative agreements; availability, etc.: International AIDS Education and Training Center, 58504-58505 01-29005 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 58512-58513 01-29010 Indian Indian Affairs Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 58514-58515 01-29079 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping: Forged stainless steel flanges from— India, 58433-58434 01-29147 Honey from— Argentina, 58434-58435 01-29145 Hot-rolled carbon steel flat products from— Kazakhstan, 58435-58436 01-29146 Polychloroprene rubber from— Japan, 58436-58437 01-29148 Antidumping and countervailing duties: Administrative review requests, 58432-58433 01-29144 International International Trade Commission NOTICES Import investigations: Complaints, temporary relief motions, ancillary proceedings requests or petitions, etc.; number of copies; requirements waived, 58523-58524 01-29149 Semiconductor chips with minimized chip package size and products containing same, 58524-58525 01-29057 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Alaska Native claims selection: Chugach Alaska Corp., 58515 01-29025 Coal leases, exploration licenses, etc.: North Dakota, 58516 01-29026 NASA National Aeronautics and Space Administration NOTICES Environmental statements; availability, etc.: NASA Ames Development Plan; meeting, 58526-58528 01-29283 Federal Acquisition Regulation (FAR): Agency information collection activities— Proposed collection; comment request, 58493-58495, 58453-58456 01-29120 01-29121 01-29122 01-29123 01-29124 01-29125 01-29126 01-29127 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Visiting Committee, 58438-58439 01-29167 Computer System Security and Privacy Advisory Board, 58438 01-29165 Patent licenses; non-exclusive, exclusive, or partially exclusive: American Dental Association Health Foundation, 58439 01-29166 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 58505-58506 01-29040 01-29041 National Human Genome Research Institute, 58506 01-29037 National Institute of Allergy and Infectious Diseases, 58507, 58509 01-29032 01-29042 01-29043 National Institute of Child Health and Human Development, 58506, 58508, 58510 01-29030 01-29036 01-29047 National Institute of Diabetes and Digestive and Kidney Diseases, 58507 01-29031 National Institute of Mental Health, 58507-58508 01-29035 National Institute of Neurological Disorders and Stroke, 58509-58510 01-29045 National Institute on Aging, 58508 01-29038 National Institute on Deafness and Other Communication Disorders, 58509 01-29033 01-29039 Scientific Review Center, 01-29044 58510-58512 01-29046 Warren Grant Magnuson Clinical Center Board of Governors, 58512 01-29034 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— Gulf king mackerel, 58410-58411 01-29117 Ocean and coastal resource management: Marine sanctuaries— Flower Garden Banks National Marine Sanctuary, Gulf of Mexico waters off TX and LA; anchoring prohibitions, 58370-58371 01-28907 NOTICES Environmental statements; availability, etc.: Summer Bay, Unalaska, AK; M/V Kuroshima oil spill, 58439-58440 01-29107 Grants and cooperative agreements; availability, etc.: Direct Economic Assistance Program, 58440-58442 01-29159 Meetings: Gulf of Mexico Fishery Management Council, 58443 01-29160 Mid-Atlantic Fishery Management Council, 58443-58444 01-29161 New England Fishery Management Council, 58444-58445 01-29162 Permits: Marine mammals, 58445 01-29163 National Park National Park Service NOTICES Environmental statements; availability, etc.: Golden Gate National Recreation Area, CA, 58516-58517 01-29094 Jones Point Park, Woodrow Wilson Bridge Project, VA, 58517-58518 01-29095 Lake Meredith National Recreation Area and Alibates Flint Quarries National Monument, TX, 58518-58519 01-29090 Organ Pipe Cactus National Monument, AZ; general management plan, 58519-58520 01-29169 Environmental statements; notice of intent: Lincoln Highway between New York and California; special resource study, 58520 01-29093 National Register of Historic Places: Pending nominations, 01-29091 58520-58521 01-29092 Native American human remains and associated funerary objects: Anchorage Museum of History and Art, AK— Inventory from Kagamil Island, AK, 58521-58522 01-29097 Robert S. Peabody Museum of Archaeology, MA— Inventory from various locations in Hancock County, ME, 58522-58523 01-29096 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Reactor Safeguards Advisory Committee, 01-29130 58528-58529 01-29131 Reactor Oversight Process; implementation; comment request, 58529-58530 01-29132 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities: Proposed collection; comment request, 58525-58526 01-29138 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Postal Postal Service NOTICES Meetings; Sunshine Act, 58530 01-29292 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Railroad Railroad Retirement Board NOTICES Agency information collection activities: Proposed collection; comment request, 58530-58532 01-29053 01-29054 Submission for OMB review; comment request, 01-29055 58532-58533 01-29056 Reclamation Reclamation Bureau NOTICES Meetings: California Bay-Delta Public Advisory Committee, 58523 01-29205 SEC Securities and Exchange Commission PROPOSED RULES Investment companies: Custody of investment company assets with a securities depository, 58412-58422 01-29021 NOTICES Investment Company Act of 1940: Exemption applications— John Hancock Variable Series Trust I et al., 58538-58543 01-29164 MMA Praxis Mutual Funds et al., 58533-58535 01-29022 Security Benefit Life Insurance Co. et al., 58535-58538 01-29023 Meetings; Sunshine Act, 58543 01-29307 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 58543-58544 01-29118 Social Social Security Administration NOTICES Meetings: President's Commission to Strengthen Social Security, 58544 01-29284 State State Department NOTICES Family support (maintenance) obligations enforcement; reciprocating countries; list, 58544-58545 01-29153 Meetings: Defense Trade Advisory Group, 58545 01-29154 Historical Diplomatic Documentation Advisory Committee, 58545-58546 01-29155 Shipping Coordinating Committee, 58546 01-29157 Passport travel restrictions, U.S.: Libya, 58546 01-29156 Surface Surface Mining Reclamation and Enforcement Office RULES Civil monetary penalty inflation adjustments, 58643-58647 01-29029 Permanent program and abandoned mine land reclamation plan submissions: Illinois, 58371-58375 01-29028 Montana, 58375-58381 01-29106 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Genesee & Wyoming Inc., 58551-58552 01-28994 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES World Trade Organization: Brazil— Consultations regarding antidumping duties by U.S. on silicon metal, 58546-58547 01-29140 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Surface Transportation Board See Transportation Statistics Bureau Transportation Transportation Statistics Bureau NOTICES Grants and cooperative agreements; availability, etc.: Transportation Statistics Research Program, 58552-58554 01-29063 Separate Parts In This Issue Part II Environmental Protection Agency, 58555-58607 01-28738 Part III Environmental Protection Agency, 58609-58642 01-28192 Part IV Department of Interior, Surface Mining Reclamation Enforcement Office, 58643-58647 01-29029 Part V Federal Aviation Administration, 58649-58653 01-29280 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. 66 225 Wednesday, November 21, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 80 [Doc. No. FV-01-80-01] RIN 0581-AC07 Regulations Governing the Fresh Russet Potato Diversion Program, 2000 Crop AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This document finalizes procedures setting forth the terms of the Fresh Russet Potato Diversion Program for the 2000 crop. A proposed rule was published April 13, 2001. EFFECTIVE DATE: November 23, 2001. FOR FURTHER INFORMATION CONTACT: Susan Proden, Branch Chief, Room 2546—South Building, USDA or call

(202)720-4517. Information may also be obtained at the website: http://www.ams.usda.gov/fv/fvcomm.htm SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866. Therefore, it has not been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. The rule is intended to have preemptive effect with respect to any State or local laws, regulations or policies which conflict with its provisions, or which would otherwise impede its full implementation. Prior to any judicial challenge to the provisions of this rule or the application of its provisions, all applicable administrative procedures must be exhausted. Paperwork Reduction Act Information collection requirements required by this rule are not required before the regulations may be effective. However, the 30-day public comment period and OMB approval under the provisions of 44 U.S.C. Chapter 35 are still required after the rule is published, and the Information Collection Package and request for approval will be submitted to OMB. Regulatory Flexibility Act Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service(AMS) has determined that this action will not have a significant economic impact on a substantial number of small entities. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionally burdened. The Small Business Administration (13 CFR 121.1) has defined small agricultural producers as those having annual gross revenue for the last three years of less than $500,000 and small agricultural service firms are defined as those, whose gross annual receipts are less than $5,000,000. Because there is a preponderance of entities shipping fresh Russet potatoes that meet these gross revenue limitations it is anticipated that the majority of the program participants could be classified as small entities without substantial regulatory restriction. Therefore, the provisions of the RFA are not applicable and no Regulatory Flexibility analysis is required. Executive Order 12372 This program is not subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with state and local officials. See the Notice related to 7 CFR part 3015, subpart V published at 48 FR 29115 (June 24, 1983). Executive Order 12612 It has been determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. The provisions contained in this rule will not have a substantial direct, effect on States or their political subdivisions or on the distribution of power and responsibilities among the various levels of government. Background On April 13, 2001 (66 FR 19099), a proposed rule was published to provide for a Potato Diversion Program for 2000 crop Fresh Russet Potatoes. The program was developed because of market conditions existing at that time. Authority for the program is contained in Section 32 of the Act of August 24, 1935, is amended (7 U.S.C. 612c) clause “(2)” of that section allows for diversion and clause “(3)” provides for payments to help farmers. Both apply. Because of crop-driven deadlines, disposition and application deadlines were set for time periods that have now expired. Several commentors asked for an extended comment period and such an extension was published on May 16, 2001 (66 FR 27405). Other commentors asked for higher payments. Because of the applications received, the program's authorization was increased to $12 million. Other commentors suggested that other varieties of potatoes be covered, that a particular diversion be authorized to a particular charitable organization, and that dehydrated potatoes be diverted. These comments were not adopted because of the particular market conditions that drove the development of the program and because the agency sought to avoid unduly limiting farmer flexibility in light of the statutory purposes at issue. Sections 80.3 through 80.16 have been removed because the deadlines for application and disposition have passed. List of Subjects in 7 CFR Part 80 Administrative practice and procedures, Agriculture, Agricultural commodities, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, Title 7 chapter I is amended by revising part 80 to read as follows: PART 80—FRESH RUSSET POTATO DIVERSION PROGRAM Subpart A—Fresh Russet Potato Diversion Program Sec. 80.1 Applicability and payments. 80.2 Administration and disputes. Authority: 7 U.S.C. 612c. Subpart A—Fresh Russet Potato Diversion Program § 80.1 Applicability and payments. Payment be received or retained with respect to diversions of 2001 Fresh Russet potatoes as allowed by the Administrator of the Agricultural Marketing Service (AMS), of the Department of Agriculture

(USDA)using standards set out for consideration in the relevant **Federal Register** notice published on April 13, 2001 (66 FR 19099) except that total funding for the program may be an amount up to $12 million. If a person has or will receive such a payment and there is a failure to comply with the conditions for payment or any condition for payment set out in the application, or that otherwise applies, all sums received by a person shall be returned with interest. No other claims for payment by producers or other persons under this part based upon their diversion of potatoes, shall be allowed except as approved by the Administrator of the Agricultural Marketing Service (AMS), of the Department of Agriculture (USDA). In all cases, the Administrator may set such other conditions for payment as may be allowable and serve the accomplishment of the goals of the program. § 80.2 Administration and disputes. Administration of this part shall be under the supervision of the Deputy Administrator, Fruit and Vegetable Programs, AMS, and implemented for AMS through the Farm Service Agency

(FSA)of USDA. Disputes shall be resolved by FSA by using regulations found in 7 CFR part 780. Subpart B—[Reserved] Dated: November 15, 2001. A. J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 01-29110 Filed 11-20-01; 8:45 am]

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