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1-14-91 Vol. 56 No. 9 Monday January 14, 1991 i United States SECOND CLASS NEWSPAPER Government Printing Office Postage and Fees Paid U.S. Government Printing Office SUPERINTENDENT ROIK RKK KK KKKKKHS- D IGIT 48106 (ISSN 0097-6326) OF DOCUMENTS Washington, DC 20402 A FR SERTIAZ0OS NOV 91 R OFFICIAL BUSINESS SERIALS PROCESSING Penalty for private use, $300 UNIV MICROFILMS INTL 300. N 2ZEEB RD ANN ARBOR MI 48106 SR ee 1-14-1991 MM onday Vol. 56 No.9 January 14, 1991 Pages 1345-1482 Briefings on How To Use the Federal Register For information on briefings in Washington, DC, Les Angeles, and San Diego, CA, see announcemoern tthe inside cover of this issue. Federal Register Vol. 56, No. 9 / Monday, January 14, 1991 THE FEDERAL REGISTER FEDERAL REGISTER Published daily, Monday through Friday, WHAT IT IS AND HOW TO USE IT (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives and Any person who uses the Federal Register and Code of Records Administration, Washington, DC 20408, under the Federal Regulations. ; Federal Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. The Office of the Federal Register. 15) and the regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Free public briefings (approximately 3 hours) to present: Superintendent of Documents, U.S. Government Printing Office, . The regulatory process, with a focus on the Federal Washington, DC 20402. 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Contents Federal Register Vol. 56, No. 9 Monday, January 14, 1991 Agricultural Stabilization and Conservation Service Environmental Protection Agency RULES NOTICES Special programs: Agency information collection activities under OMB review, Dairy and beekeeper indemnity payment programs, 1358 1388 Meetings: Agriculture Department Science Advisory Board, 1388 See Agricultural Stabilization and Conservation Service; Toxic and hazardous substances control: Cooperative State Research Service; Federal Crop Premanufacture notices; monthly status reports, 1389 Insurance Corporation; Food Safety and Inspection Water pollution control: Service; Soil Conservation Service Drinking water— Priority list; contaminant substitutes, 1470 Arts and Humanities, National Foundation Individual control strategies (ICSs); lists of waters; See National Foundation on the Arts and the Humanities approvals and disapprovals, 1392 Commerce Department Executive Office of the President See also Export Administration Bureau; International Trade See Presidential Documents; Trade Representative, Office of Administration; National Oceanic and Atmospheric United States Administration NOTICES Export Administration Bureau Agency information collection activities under OMB review, NOTICES 1380 Meetings: Automated Manufacturing Equipment Technical Advisory Commission on interstate Chiid Support Committee, 1380 NOTICES Federal Communications Commission Meetings, 1381 RULES Television stations; table of assignments: Consumer Product Safety Commission Alabama et al., 1372 NOTICES Meetings; Sunshine Act, 1441 PROPOSED RULES Communications equipment: (2 documents) Television Decoder Circuitry Act of 1990; implementation, 1376 Cooperative State Research Service Radio stations; table of assignments: NOTICES Illinois, 1377 Grants and cooperative agreements; availability, etc:: NOTICES Rangeland research program, 1466 Applications, hearings, determinations, etc.: Harbor Islands Broadcasting, Inc., et al., 1396 Federal Crop insurance Corporation RULES Freedom of Information Act; implementation, 1375 Crop insurance regulations: NOTICES General provisions and policy, 1345 Agency information collection activities under OMB review, 1381 Federal Deposit Insurance Corporation Civilian health and medical program of uniformed services NOTICES (CHAMPUS): Meetings; Sunshine Act, 1441, 1443 DRG-based payment system— Revised weights, thresholds, and per diem rates; Federal Energy Regulatory Commission correction, 1382 NOTICES Meetings; Sunshine Act, 1441 Energy Department Applications, hearings, determinations, etc.: See also Energy Information Administration; Federal Energy ANR Pipeline Co., 1384 Regulatory Commission Arkla Energy Resources, 1384 NOTICES Columbia Gas Transmission Corp., 1385 Meetings: Florida Gas Transmission Co.,. 1385 International Energy Agency Industry Advisory Beard, Kentucky West Virginia Gas Co., 1385 1383 North Penn Gas Co., 1386 Pacific Gas Transmission Co., 1386 Energy Information Administration Paiute Pipeline Co., 1386 NOTICES Panhandle Eastern Pipe Line Co., 1386 Forms, availability, etc.: Superior Offshore Pipeline Co., 1387 Underground gas storage report, 1383 Texas Eastern Transmission Corp., 1387 IV Federal Register / Vol. 56, No. 9 / Monday, January 14, 1991 / Contents Williston Basin Interstate Pipeline Co., 1387 internal Revenue Service RULES Federai Housing Finance Board Income taxes: NOTICES Nonresident alien individuals and foreign corporations; Meetings; Sunshine Act, 1443 untimely filing of returns; correction, 1361 (2 documents) Notional principal contract income, 1361 international Trade Administration Federal Maritime Commission NOTICES RULES Antidumping: Maritime carriers in foreign commerce: Low-fuming brazing copper wire and rod from South Conditions favorable to shipping, actions to adjust or Africa, 1381 meet— Ecuador/United States trade, 1372 interstate Child Support Commission See Commission on Interstate Child Support Federal Railroad Administration NOTICES interstate Commerce Commission Exemption petitions, etc.: RULES Canadian Pacific Ltd., 1436 Practice and procedure: Practitioners, nonattorney; licensing, 1374 Federal Reserve System NOTICES Rail carriers: NOTICES Applications, hearings, determinations, etc.: Waybill data; release for use, 1411 HSBC Holdings Ltd., 1397 Railroad operation, acquisition, construction, etc.: St. Louis Southwestern Railway Co., 1411 Fish and Wildlife Service Labor Department RULES See Mine Safety and Health Administration; Pension and Endangered and threatened species: Welfare Benefits Administration; Workers’ Florida salt marsh vole, 1457 Compensation Programs Office Indus River dolphin, 1464 Isodendrion hosakae, 1454 Land Management Bureau . Remya, 1450 Yellow-blotched map turtle, 1459 NOTICES Realty actions; sales, leases, etc.: PROPOSED RULES Migratory bird hunting: Nevada, 1410 Waterfowl hunting— Mine Safety and Health Administration Lead shot zones, 1446 RULES Coal mine safety and health: Food and Drug Administration Mine rescue, self-rescuer, fire drill, and first-aid training NOTICES for supervisory employees; reporting and Meetings: recordkeeping requirements, 1476 Advisory committees, panels, etc., 1398 National Archives and Records Administration Food Safety and Inspection Service NOTICES — RULES Agency records schedules; availability, 1419 Meat and poultry inspection: Natural flavors, natural flavorings, flavors, or flavorings; National Foundation on the Arts and the Humanities designated ingredients, 1359 NOTICES Meetings: General Services Administration Humanities National Council, 1420 NOTICES Humanities Panel, 1420 Agency information collection activities under OMB review, 1398 National Oceanic and Atmospheric Administration PROPOSED RULES Pacific Halibut Commission, International: Health and Human Services Department See Food and Drug Administration Pacific halibut fisheries, 1378 NOTICES Permits: Housing and Urban Development Department Marine mammals, 1381 NOTICES Agency information collection activities under OMB review, Nuclear Regulatory Commission 1400 NOTICES Meetings: interior Department MELCOR Peer Review Committee, 1421 See Fish and Wildlife Service; Land Management Bureau; Applications, hearings, determinations, etc.: Reclamation Bureau; Surface Mining Reclamation and Cintichem, Inc., 1422 Enforcement Office Connecticut Yankee Atomic Power Co., 1423 Federal Register / Vol. 56, No. 9 / Monday, January 14, 1991 / Contents GPU Nuclear Corp., 1423 Trade Representative, Office of United States Tennessee Valley Authority, 1423 NOTICES Meetings: Office of United States Trade Representative ‘Trade Defense Policy Advisory Committee, 1424 See Trade Representative, Office of United States Transportation Department Pension and Welfare Benefits Administration See Federal Railroad Administration NOTICES Employee benefit plans; prohibited transaction exemptions: Treasury Department Equitable Life Assurance Society of the United States, See also Internal Revenue Service 1411 NOTICES Agency information collection activities under OMB review, Postal Service 1437 (3 documents) NOTICES Notes, Treasury: Meetings; Sunshine Act, 1443 E-1998 series, 1438 Presidential Documents United States Information Agency ADMINISTRATIVE ORDERS NOTICES H.R.5835; certification of printed enrollment (Memorandum Art objects, importation for exhibition: of January 10, 1991), 1481 Glories of Past: Ancient Art from Shelby White and Leon Levy Collection, 1439 Public Health Service See Food and Drug Administration Veterans Affairs Department NOTICES Reclamation Bureau Reports, program evaluation; availability, etc.: NOTICES Dietetic Service program evaluation, 1439 Environmental statements; availability, etc.: South Delta water management program, CA, 1410 Workers’ Compensation Programs Office RULES Resolution Trust Corporation Federal employees: NOTICES Compensation claims; medical procedures and services; Meetings; Sunshine Act, 1443 fee schedule, 1359 (2 documents) Securities and Exchange Commission Separate Parts In This Issue NOTICES Meeting/conference travel; payment and reimbursement Part il from non-federal entities, 1425 Department of Interior, Fish and Wildlife Service, 1446 Self-regulatory organizations; proposed rule changes: Depository Trust Co., 1425 Part lil National Association of Securities Dealers, Inc., 1426 Department of Interior, Fish and Wildlife Service, 1450 Participants Trust Co., 1427 Self-regulatory organizations; unlisted trading privileges: Part IV Boston Stock Exchange, Inc., 1429 Department of Agriculture, Cooperative State Research Cincinnati Stock Exchange, Inc., 1429 Service, 1466 Midwest Stock Exchange, Inc., 1430 Pacific Stock Exchange, Inc., 1430 Part V Philadelphia Stock Exchange, Inc., 1431 Environmental Protection Agency, 1470 Applications, hearings, determinations, etc.: First Investors Corp. et al., 1432 Part VI Freedom Investment Trust et al., 1431 Department of Labor, Mine Safety and Health Administration, 1476 Soil Conservation Service NOTICES Part Vil Environmental statements; availability, etc.: The President, 1481 Lost River Watershed, WV, 1380 Surface Mining Reclamation and Enforcement Office Reader Aids RULES Additional information, including a list of public Permanent program and abandoned mine land reclamation laws, telephone numbers, and finding aids, appears plan submissions: in the Reader Aids section at the end of this issue. Colorado, 1363 PROPOSED RULES Initial and permanent regulatory programs: Surface coal mining and reclamation operations; hydrologic balance, 1375 VI Federal Register / Vol..56, No. 9 / Monday, January 14, 1991 / Contents CFR PARTS AFFECTED IN THIS ISSUE A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue. Rules and Regulations Federal Register Vol. 56, No. 9 Monday, January 14, 1991 This section of the FEDERAL REGISTER Insurance Corporation, U.S. Department by private insurance companies and contains regulatory documents having of Agriculture, Washington, DC 20250, reinsured by FCIC. These regulations general applicability and legal effect, most telephone (202) 447-3325. will insure that all recipients of the of which are keyed to and codified in SUPPLEMENTARY INFORMATION: This Federal program are treated equally the Code of Federal Regulations, which is action has been reviewed under USDA through commonality of policy published under 50 titles pursuant to 44 U.S.C. 1510. procedures established by Departmental provisions. The Code of Federal Regulations is sold Regulations 1512-1. This action As revisions cn individual policies are by the Superintendent of Documents. constitutes a review as to the need, necessary, FCIC will publish a “crop Prices of new books are listed in the currency, clarity, and effectiveness of provision” which will contain the first FEDERAL REGISTER issue of each these regulations under those language of the policy unique to that week. procedures. The sunset review date crop, and any exceptions to the common established for these regulations is policy language necessary for that crop. DEPARTMENT OF AGRICULTURE August 1, 1995. When a crop provision is published as David W. Gabriel, Acting Manager, a section of part 457, effective for a Federal Crop Insurance Corporation FCIC, (1) has determined that this action subsequent crop year, the present policy is not a major rule as defined by contained in 7 CFR part 401, or ina 7 CFR Part 457 Executive Order 12291 because it will separate part of chapter IV, will be not result in: (a) An annual effect on the revoked at the end of the crop year then [Doc. No. 8021S) economy of $100 million or more; (b) in effect and later removed and Common Crop Insurance Regulations major increases in costs or prices for reserved. (Single Policy) consumers, individual industries, Certain portions of the Common federal, State, or local governments, or a Policy, by virtue of the differences AGENCY: Federal Crop Insurance geographical region; or (c) significant between FCIC policies and Reinsured Corporation, USDA. adverse effects on competition, policies, with respect to Federal ACTION: Final rule. employment, investment, productivity, jurisdiction, appeals vs. arbitration, and innovation, or the ability of U.S.-based collection of amounts due (Federal off- SUMMARY: The Federal Crop Insurance enterprises to compete with foreign- set vs. systems of collection used by Corporation (FCIC) adds a new part 457 based enterprises in domestic or export private insurance companies), are not in chapter IV of title 7 of the Code of markets; and (2) certifies that this action identical. For this reason, and in the Federal Regulations (CFR), effective for will not increase the federal paperwork applicable paragraphs, the Common the 1991 and succeeding crop years, to burden for individuals, small businesses, Policy is published with FCIC policies in contain one common set of crop and other persons and will not have a the left column of Reinsured Policies in insurance regulations and a common significant economic impact on a the right column. Where a commonality policy of insurance applicable to all substantial number of small entities. of language exists, the provisions are such regulations now contained in 7 This action is exempt from the not separated and are jointly applicable CFR chapter IV which will be applicable provisions of the Regulatory Flexibility On Wednesday, February 7, 1990, to all crop insurance policies sold by Act; therefore, no Regulatory Flexibility FCIC published a notice of proposed FCIC, or sold by private insurance Analysis was prepared. rulemaking in the Federal Register at 55 companies and reinsured by FCIC under This program is listed in the Catalog FR 4382, to contain one common set of the provisions of a Standard of Federal Domestic Assistance under crop insurance regulations and a Reinsurance Agreement when No. 10.450. common policy of insurance applicable appropriate crop provisions are This program is not subject to the to all such regulations now contained in published. provisions of Executive Order 12372 7 CFR chapter IV which will be The intended effect of this rule is to which requires intergovernmental applicable to all crop insurance policies provide a standard set of regulations consultation with State and local sold by FCIC, or sold by private and a master policy for insuring most officials. See the Notice related to 7 CFR insurance companies and reinsured by crops authorized under the provisions of part 3015, subpart V, published at 48 FR FCIC under the provisions of a Standard the Federal Crop Insurance Act, as 29115, June 24, 1983. Reinsurance Agreement, when amended, that will: (1) Provide a This action is not expected to have appropriate crop provisions are common set of crop insurance any significant impact on the quality of published. regulations and terminology between the human environment, health, and In addition, the notice of proposed FCIC and private insurance companies safety. Therefore, neither an rulemaking clarified FCIC’s long under a Standard Reinsurance Environmental Assessment nor an standing position on the preemption of Agreement; (2) substantially reduce the Environmental Impact Statement is inconsistent State laws and regulations. time involved in amendment or revision; needed. The rule published at 55 FR 4382 and (3) eliminate the necessity of FCIC hereby adds one set of proposed to add a new part 499 in repetitious review process thus regulations containing one Common chapter IV of title 7 of the Code of substantially reducing the volume of Policy of insurance applicable to all Federal Regulations. This would have paperwork processed by FCIC. crops now contained in 7 CFR part 401, resulted in 7 CFR parts 457 through 498 EFFECTIVE DATE: January 14, 1991. or in a separate part of chapter IV, and open and unassigned and perhaps have FOR FURTHER INFORMATION CONTACT: which will be applicable to crop caused confusion. In reviewing the rule, Peter F. Cole, Secretary, Federal Crop insurance policies sold by FCIC, or sold FCIC decided to add a new part 457 Federal Register / Vol. 56, No. 9 / Monday, January 14, 1991 / Rules and Regulations instead of part 499 to contain this final rule, in order to maintain correct numerical sequence and avoid the possibility of confusion. FCIC has (q) Coverage begins, advised the CFR Unit of the Federal Date. Register of its decision to use part 457 in 499.1 Applicability (r) Crop provisions. this final rule and to leave part 499 499.2 Availability of unassigned. The final rule herein is Federal crop {s) Grop year. structured as 7 CFR part457. 499i.n3s uranPcree.m ium rates, {(ut)) DDaammaaggee., ‘Notice of. The public was given until March 9, production 1990, to submit written comments, data, (v) Delinquent account (Not separately ide- and opinions on the proposed rule. Comments were received from individual State Commissioners of Insurance for California, inois, Iowa, Massachusetts, Michigan, Minnesota, ®) End of insurance period, Date of. North Dakota, and Virginia, anda _ collective statement on behalf of State {y) insured. Commissioners of Insurance from the (2) insured crop- 5 (Not included in Final National Association of Insurance Commissioners .in Washington, DC; the (x) Intent to Rule). National Association of Crop Insurance Notice of Agents (NACIA); 12 reinsured (y) Late planting (aa) Late Planting companies; 5 law firms representing agreement Agreement Option. insurance associations; the Office of 401.352 in 7 CFR (z) Loss, Notice (bb) ‘Loss, ‘Notice of. part 400, subpart P, of Inspector General, United States (aa) Negligence Department of Agriculture; the Florida (bb) Person Fruit and Vegetable Association; 4 (cc) Practica! to (ff) Practical to replant. divisions within FCIC; and one private replant (th) Price ‘Election (Not citizen. In view of the volume and nature of responses received, the preponderance (dd) Policy of which addressed the issue of Federal tract). preemption, FCIC determined to make (ee) Production (ii) Production report. final that portion of the notice of (kk) Representative proposed rulemaking dealing with the sample. issues involved in Federal preemption (ij) Reporting date. and to-establish such rule in anew subPp ian prartt 40 0, to be known as 7 (i) ‘Sales closing date. CFR part 400, subpart P, General § 499.9 The applica- § 457.8 The application (mm) Section. Administrative Regulations; Preemption tion and policy and policy. ; {nn) Share. of State Laws and Regulations. That (pp) State. final rule was published in the Federal (00) Special provisions. Regions Jutne e6,1 r99 0, at 55 FR 23066. (1b. )D esfei nitions. (1b.) D eefirneit ions. The notice of proposed rulemaking (a) Abandon (a) Abandon. with respect to.establishing a Gomn <a (b) Acreage (b) Acreage report. Policy of crop insurance, also contained report in the Federal Register notice of (00) in the proposed rulemaking publication at 55 Final Rule) FR 4382 {7.CFR part 499), and ‘the (mm) Summary (qq) ‘Summary of cover- comments pertaining to the proposed (c) Another use, of coverage age. policy provisions therein, remained Notice of (nn) Tenant (rr) Tenant. (oo) Termination (ss) Termination date under consideration by FCIC and are date (Not included in Final hereby addressed in this final rule (7 Rule). CFR part 457). (d) Application (pp) Uninsurable {e) ASCS acreage Because commenters responded to (f) ASCS Farm mA SS Farm Serial (qq) Unit (tt) Unit. certain specific paragraphs and Serial Number subparagraphs contained in the notice of (9)A ssignment-of i) “aaapemes of in- proposed rulemaking with respect to the (h) Billing date Premium Billing Common Policy provisions, and because Date. such paragraphs, and subparagraphs (i) Cancellation (j) Cancellation date. § 499.9 The .applica- § 457.8 The application may be redesignated, or removed in this date tion and policy and policy. final rule and new subparagraphs added @) Claim for (k) Claim for indemnity. (Paragraphs) (Paragraphs) indemnity ‘1. Definitions ‘1. Definitions. for clarity, FCIC lists the differences (m) Contract (Not sepa- between the proposed rule {7 CFR part rately defined in the 499), and the final rule {7 CFR part 457) proposed tule rule. in a comparison table as an aid ‘to the (k) Contract {n) ‘Contract ‘change change date date. reader, as follows: (1) Consent (t) Consent.