Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2001-12-04.xml --- 66 233 Tuesday, December 4, 2001 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Grain Inspection, Packers and Stockyards Administration NOTICES Senior Executive Service: Performance Review Boards; membership, 01-29998 Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Bovine spongiform encephalopathy; disease status change— Czech Republic, 01-30001 PROPOSED RULES Plant quarantine safeguard regulations:

Untreated oranges, tangerines, and grapefruit from Mexico transiting U.S. to foreign countries, 01-30000 NOTICES Agency information collection activities: Proposed collection; comment request, 01-30002 Army Army Department NOTICES Privacy Act: Systems of records, 01-29920, 01-29921 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Submission for OMB review; comment request; correction, 01-29952 Meetings: Fetal Alcohol Syndrome and Fetal Alcohol Effect National Task Force, 01-29953 National Center for Infectious Diseases— Scientific Counselors Board, 01-29946 Smoking and Health Interagency Committee, 01-29954 Children Children and Families Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-29993 Grants and cooperative agreements; availability, etc.:

Family Violence Prevention and Services Program, 01-29834, 01-29835 Coast Guard Coast Guard RULES Drawbridge operations: Connecticut, 01-30021 Maine, 01-30019 Missouri River, MO, IA, KS, and NE, 01-30018 New Jersey, 01-30020 New York, 01-30022 Ports and waterways safety: Crystal River, FL; security zones, 01-30023 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Senior Executive Service: Performance Review Board; membership, 01-29941 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Indonesia, 01-29905 Jamaica, 01-29906 Macau, 01-29907 Macedonia, 01-29911 Malaysia, 01-29908 Philippines, 01-29909 Romania, 01-29910 Singapore, 01-29912 Sri Lanka, 01-29913 Thailand, 01-29914 Turkey, 01-29915 United Arab Emirates, 01-29916 Uruguay, 01-29917 Comptroller Comptroller of the Currency RULES Corporate activities: Federal branches and agencies; operating subsidiaries Correction, 01-29898 Copyright Copyright Office, Library of Congress RULES Copyright office and procedures:

Materials delayed due to disruption or suspension of postal or other transportation or communications services, 01-30013 Defense Defense Department See Army Department NOTICES Courts-Martial Manual; amendments, 01-29922 Education Education Department NOTICES Agency information collection activities: Proposed collection; comment request, 01-29928, 01-29929 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— American Indians with disabilities; vocational rehabilitation service projects, 01-30026 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollution control:

State operating permits programs— District of Columbia, 01-29967 Hawaii, 01-29959 Illinois, 01-29960 Indiana, 01-29962 Michigan, 01-29965 Minnesota, 01-29963 Virginia, 01-29961 Wisconsin, 01-29964 Hazardous waste: Identification and listing— Exclusions, 01-29966 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives: Rolls-Royce Corp., 01-29950 PROPOSED RULES Airworthiness directives:

CFE Co., 01-29947 Rolls-Royce plc, 01-29949 FCC Federal Communications Commission RULES Common carrier services: Commercial mobile radio services— Wireless enhanced 911 service conditions; public safety answering point clarification; Richardson, TX; correction, C1-27605 Practice and procedure: Interim filing procedures; implementation, 01-30028 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: CP&L Holdings, Inc., et al., 01-29940 Entergy Nuclear Vermont Yankee, LLC, et al., 01-29939 Environmental statements; availability, etc.:

John C. Jones Project, Waldo County, ME; facilitators improving fish habitat, 01-29974 Hydroelectric applications, 01-29975 *Applications, hearings, determinations, etc.:* California Independent System Operator Corp., 01-29973 LG&E Power, Inc., et al., 01-29972 Total Peaking Services, L.L.C., 01-29977 Transok, LLC, 01-29976 Federal Housing Federal Housing Finance Board PROPOSED RULES Federal home loan bank system: Multiple Federal home loan bank memberships, 01-29978 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 01-29957 Formations, acquisitions, and mergers, 01-29955 Permissible nonbanking activities, 01-29956 Meetings; Sunshine Act, 01-30092, 01-30093, 01-30094 Fish Fish and Wildlife Service RULES Endangered and threatened species: Mississippi gopher frog, 01-29923 NOTICES Endangered and threatened species permit applications, 01-29945 Environmental statements; notice of intent: Coyote Springs Investments Multiple Species Habitat Conservation Plan, NV, 01-30025 Leelanau County, MI; land exchange on South Fox Island, 01-29951 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:

Diclazuril, 01-29983 GSA General Services Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-29919 Travel and transportation; Standard Tender of Service, 01-29918 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Agency designation actions: Various States, 01-30003, 01-30004 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health Health Health Care Financing Administration See Inspector General Office, Health and Human Services Department Immigration Immigration and Naturalization Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-30014 Inspector Inspector General Office, Health and Human Services Department RULES Medicare and State health care programs; fraud and abuse: Ambulance replenishing safe harbor under anti-kickback statute, 01-29875 Interior Interior Department See Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping: Cased pencils from— China, 01-30016 Industrial nitrocellulose from— France, 01-30017 Overseas trade missions: 2002 trade missions— Assistant Secretarial Business Development Mission to Botswana and South Africa et al., 01-30015 Justice Justice Department See Immigration and Naturalization Service Labor Labor Department See Occupational Safety and Health Administration NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-29990, 01-29991, 01-29992 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Agency information collection activities: Proposed collection; comment request, 01-29994 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities: Proposed collection; comment request, 01-29944 National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-29933 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Cooper Tire & Rubber Co., 01-30010 Mazda Motors Corp., 01-30011 NIH National Institutes of Health NOTICES Agency information collection activities: Submission for OMB review; comment request, 01-29937 Meetings: National Institute of Nursing Research, 01-29935, 01-29936 National Library of Medicine, 01-29934 Patent licenses; non-exclusive, exclusive, or partially exclusive:

AriaVax, Inc., 01-29938 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic bluefin tuna, 01-29981 Northeastern United States fisheries— Atlantic bluefish, 01-29980 PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— New England Fishery Management Council; meetings, 01-29995 NOTICES Grants and cooperative agreements; availability, etc.: Coastal Ocean Program, 01-29996 National Transportation National Transportation Safety Board NOTICES Meetings;

Sunshine Act, 01-30178 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: United States Enrichment Corp.— Portsmouth Gaseous Diffusion Plant, 01-29969 Meetings; Sunshine Act, 01-30091 Regulatory guides; issuance, availability, and withdrawal, 01-29968 *Applications, hearings, determinations, etc.:* Niagara Mohawk Power Corp. et al., 01-29970 PSEG Nuclear LLC, 01-29971 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 01-30006, 01-30007, 01-30008 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Senior Executive Service: Performance Review Board; membership, 01-29984 Presidential Presidential Documents PROCLAMATIONS *Special observances:* National Diabetes Month (Proc. 7507), 01-30145 National Drunk and Drugged Driving Prevention Month (Proc. 7509), 01-30147 National Hospice Month (Proc. 7508), 01-30146 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Research Research and Special Programs Administration PROPOSED RULES Hazardous materials:

Hazardous materials transportation— Cargo tank motor vehicles; construction and maintenance requirements, 01-28117 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 01-29986, 01-29988 Chicago Board Options Exchange, Inc., 01-29931 New York Stock Exchange, Inc., 01-29930, 01-29987 Pacific Exchange, Inc., 01-29932 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 01-29985 Social Social Security Administration NOTICES Meetings:

President's Commission to Strengthen Social Security, 01-30027 State State Department NOTICES Meetings: Labor Diplomacy Advisory Committee, 01-30009 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Utah, 01-29982 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Trade Representative, Office of United States NOTICES Meetings:

Industry Sector Advisory Committees— Small and Minority Business, 01-30024 World Trade Organization: Brazil— Consultations regarding antidunping duties by U.S. on silicon metal; correction, 01-29989 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department See Comptroller of the Currency NOTICES Agency information collection activities:

Submission for OMB review; comment request, 01-29942, 01-29943 Separate Parts In This Issue Part II Transportation Department, Research and Special Programs Administration, 01-28117 Part III Health and Human Services Department, Children and Families Administration, 01-29834, 01-29835 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. 66 233 Tuesday, December 4, 2001 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 94 [Docket No. 01-062-1] Change in Disease Status of the Czech Republic Because of BSE AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the regulations by adding the Czech Republic to the list of regions where bovine spongiform encephalopathy exists because the disease has been detected in native-born animals in that region. The Czech Republic is currently listed among the regions that present an undue risk of introducing bovine spongiform encephalopathy into the United States. Therefore, the effect of this action is a continued restriction on the importation of ruminants that have been in the Czech Republic and meat, meat products, and certain other products of ruminants that have been in the Czech Republic.

This action is necessary in order to update the disease status of the Czech Republic regarding bovine spongiform encephalopathy. DATES: This interim rule was effective June 8, 2001. We invite you to comment on this docket. We will consider all comments we receive that are postmarked, delivered, or e-mailed by February 4, 2002. ADDRESSES: You may submit comments by postal mail/commercial delivery or by e-mail. If you use postal mail/commercial delivery, please send four copies of your comment (an original and three copies) to:

Docket No. 01-062-1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 01-062-1. If you use e-mail, address your comment to *regulations@aphis.usda.gov.* Your comment must be contained in the body of your message; do not send attached files. Please include your name and address in your message and “Docket No. 01-062-1” on the subject line. You may read any comments that we receive on this docket in our reading room.

The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call

(202)690-2817 before coming. APHIS documents published in the **Federal Register** , and related information, including the names of organizations and individuals who have commented on APHIS dockets, are available on the Internet at *http://www.aphis.usda.gov/ppd/rad/webrepor.html.* FOR FURTHER INFORMATION CONTACT: Dr. Donna Malloy, Senior Staff Veterinarian, National Center for Import and Export, Products Program, VS, APHIS, 4700 River Road Unit 40, Riverdale, MD 20737-1231;

(301)734-3277. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR parts 93, 94, 95, and 96 (referred to below as the regulations) govern the importation of certain animals, birds, poultry, meat, other animal products and byproducts, hay, and straw into the United States in order to prevent the introduction of various animal diseases, including bovine spongiform encephalopathy (BSE). BSE is a neurological disease of cattle and is not known to exist in the United States. It appears that BSE is primarily spread through the use of ruminant feed containing protein and other products from ruminants infected with BSE. Therefore, BSE could become established in the United States if materials carrying the BSE agent, such as certain meat, animal products, and animal byproducts from ruminants, are imported into the United States and are fed to ruminants in the United States. BSE could also become established in the United States if ruminants with BSE are imported into the United States. Sections 94.18, 95.4, and 96.2 of the regulations prohibit or restrict the importation of certain meat and other animal products and byproducts from ruminants that have been in regions in which BSE exists or in which there is an undue risk of introducing BSE into the United States. In § 94.18, paragraph (a)(1) lists the regions in which BSE exists. Paragraph (a)(2) lists the regions that present an undue risk of introducing BSE into the United States because their import requirements are less restrictive than those that would be acceptable for import into the United States and/or because the regions have inadequate surveillance. Paragraph

(b)of § 94.18 prohibits the importation of fresh, frozen, and chilled meat, meat products, and most other edible products of ruminants that have been in any region listed in paragraph (a)(1) or (a)(2). Paragraph

(c)of § 94.18 restricts the importation of gelatin derived from ruminants that have been in any of these regions. Section 95.4 prohibits or restricts the importation of certain byproducts from ruminants that have been in any of those regions, and § 96.2 prohibits the importation of casings, except stomach casings, from ruminants that have been in any of these regions. Additionally, the regulations in 9 CFR part 93 pertaining to the importation of live animals provide that the Animal and Plant Health Inspection Service may deny the importation of ruminants from regions where a communicable disease such as BSE exists and from regions that present risks of introducing communicable diseases into the United States (see § 93.404(a)(3)). Currently, the Czech Republic is among the regions listed in § 94.18(a)(2), which are regions that present an undue risk of introducing BSE into the United States. However, on June 8, 2001, a case of BSE was confirmed in a native-born animal in the Czech Republic. Therefore, in order to update the disease status of this region regarding BSE, we are amending the regulations by removing the Czech Republic from the list in § 94.18(a)(2) of regions that present an undue risk of introducing BSE into the United States and adding the Czech Republic to the list in § 94.18(a)(1) of regions where BSE is known to exist. The effect of this action is a continued restriction on the importation of ruminants that have been in the Czech Republic and on the importation of meat, meat products, and certain other products and byproducts of ruminants that have been in the Czech Republic. We are making these amendments effective retroactively to June 8, 2001, which is the date that BSE was confirmed in a native-born animal in that region. Emergency Action This rulemaking is necessary on an emergency basis to update the disease status of the Czech Republic regarding BSE. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule as a result of the comments. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process required under Executive Order 12866. We are amending the regulations by adding the Czech Republic to the list of regions where BSE exists because the disease has been detected in native-born animals in that region. The Czech Republic is currently listed among the regions that present an undue risk of introducing BSE into the United States. Regardless of which of the two lists a region is on, the same restrictions apply to the importation of ruminants and meat, meat products, and most other products and byproducts of ruminants that have been in the region. Therefore, this action, which is necessary in order to update the disease status of the Czech Republic regarding BSE, will not result in any change in the restrictions that apply to the importation of ruminants and meat, meat products, and certain other products and byproducts of ruminants that have been in the Czech Republic. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has retroactive effect to June 8, 2001; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 9 CFR Part 94 Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 94 as follows: PART 94—RINDERPEST, FOOT- AND -MOUTH DISEASE, FOWL PEST (FOWL PLAGUE), EXOTIC NEWCASTLE DISEASE, AFRICAN SWINE FEVER, HOG CHOLERA, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 1. The authority citation for part 94 continues to read as follows: Authority: 7 U.S.C. 450, 7711, 7712, 7713, 7714, 7751, and 7754; 19 U.S.C. 1306; 21 U.S.C. 111, 114a, 134a, 134b, 134c, 134f, 136, and 136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR 2.22, 2.80, and 371.4. § 94.18 [Amended] 2. Section 94.18 is amended as follows: a. In paragraph (a)(1), by adding, in alphabetical order, the words “the Czech Republic,”. b. In paragraph (a)(2), by removing the words “the Czech Republic,”. Done in Washington, DC, this 28th day of November 2001. W. Ron DeHaven, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 01-30001 Filed 12-3-01; 8:45 am]

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