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Federal Register 1994-01-26: Vol 59 Iss 17 PDF

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Preview Federal Register 1994-01-26: Vol 59 Iss 17

1-26-94 Vol. 59 No. 17 Wednesday January 26,1994 United States SECOND CLASS NEWSPAPER Government Printing Office Postage and Fees Paid U S. Government Printing Office SUPERINTENDENT (ISSN 0097-6326) OF DOCUMENTS Washington, DC 20402 OFFICIAL BUSINESS Penalty for private use, S300 1-26-94 Wednesday Vol. 59 No. 17 January 26, 1994 Pages 3651-3770 Briefings on How To Use the Federal Register For information on briefings in Washington, BC, see announcement on the inside cover of this issue. Federal Register / Vol. 59, No. 17 / Wednesday, January 26, 1994 / Contents 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 Records FOR: Any person who uses the Federal Register and Code of Federal Administration, Washington, DC 20408, under the Federal Register Regulations. Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and the WHO: The Office of the Federal Register. regulations of the Administrative Committee of the Federal Register (1 CFR Ch. I). Distribution is made only by the Superintendent of WHAT: Free public briefings (approximately 3 hours] to present: Documents, U.S. Government Printing Office, Washington, DC 1. The regulatory process, with a focus on the Federal Register 20402. system and the public’s role in the development of The Federal Register provides a uniform system for making regulations. available to the public regulations and legal notices issued by 2. The relationship between the Federal Register and Code of Federal agencies. These include Presidential proclamations and Federal Regulations. Executive Orders and Federal agency documents having general 3. The important elements of typical Federal Register applicability and legal effect, documents required to be published documents. by act of Congress and other Federal agency documents of public 4. An introduction to the finding aids of the FR/CFR system. interest. Documents are on 61e for public inspection in the Office WHY: To provide the public with access to information necessary to of the Federal Register the day before they are published, unless research Federal agency regulations which directly affect them. earlier filing is requested by the issuing agency. There will be no discussion of specific agency regulations. The seal of the National Archives and Records Administration authenticates this issue of the Federal Register as the official serial publication established under the Federal Register Act 44 U.S.C. 1507 provides that the contents of the Federal Register shall be WASHINGTON, DC judicially noticed. (TWO BRIEFINGS) The Federal Register is published in pa{)er and 24x microfiche WHEN: February 17 at 9:00 am and 1:30 pm format. The annual subscription price for the Federal Register paper WHERE: Office of the Federal Register, 7th Floor edition is $444, or $490 for a combined Federal Register, Federal Conference Room, 800 North Capitol Street Register Index and List of CFR Sections Affected (LSA) subscription; NW, Washington, DC (3 blocks north of the microfiche edition of the Federal Register including the Federal Union Station Metro) Register Index and LSA is $403. Six month subscriptions are RESERVATIONS: 202-523-4538 available for one-half the annual rate. The charge for individual copies in paper form is $6.00 for each issue, or $6.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA or MasterCard. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This PubUcation: Use the volume number and the page number. Example: 59 FR 12345. SUBSCSUPTIONS AND COPIES PUBUC Subscriptions: Paper or fiche 202-783-3238 Assistance with public subscriptions 512-2303 Single copiesdMck copies: Paper or fiche 783-3238 Assistance with public single copies 512-2457 FEDERAL AGENCIES Subscriptions: Paper or fiche 523-5243 Assistance with Federal agency subscriptions 523-5243 For other telephone numbers, see the Reeder Aids section at the end of this issue. 0 Printed on re yCled paper containing 100% post consumer waste I# f flf Contents Federal Register Vol. 59, No. 17 Wednesday, January 26, 1994 Agriculture Department Environmental statements; availability, etc.: See Farmers Home Administration Pantex Plant, TX; plutonium components interim storage, 3674- Air Force Department NOTICES Energy information Administration Privacy Act: . NOTICES Systems of records, 3667-3673 Agency information collection activities under OMB review, 3677 Antitrust Division Environmental Protection Agency NOTICES National cooperative research notifications: RULES Flintlock, Ltd., 3738 Pesticides; tolerances in food, animal feeds, and raw Southwest Research Institute, 3738 agricultural commodities: SPICES Consortium, 3738-3739 Orthoarsenic acid, 3654-3655 Vinyl acetate-ethylene copolymer, 3655-3657 Army Department PROPOSED RULES Clean Air Act: NOTICES Acid rain program— Meetings: Permits and allowance system; substitution and Science Board, 3673-3674 reduced utilization plans, 3660 Toxic substances: Arts and Humanities, National Foundation Polychlorinated biphenyls (PCBs)— See National Foundation on the Arts and the Humanities PCB and PCB-contaminated transformers: reclassification, 3660-3661 Centers for Disease Control and Prevention Testing requirements— NOTICES Acetophenone, etc., 3661-3662 Vaccine information materials; simplification, 3752-3755 NOTICES Pesticides; experimental use permits, etc.: Civil Rights Commission Arthropiod pheromones in solid matrix dispensers, 3681— NOTICES 3684 Meetings; State advisory committees: Pesticides; receipts of State registration, 3684-3686 New York, 3664 Superfund; response and remedial actions, proposed Wisconsin, 3664 settlements, etc.: Ninth Avenue Dump Site, IN, 3686-3687 Coast Guard Toxic and hazardous substances control: RULES Chejnical testing— Pollution: Petition receipt, 3687-3688 Vessels carrying oil; discharge removal equipment; Interagency Testing Committee— correction, 3749 Report, 3764-3769 Water quality criteria: Commerce Department Ambient water quality criteria— See Minority Business Development Agency Protection of aquatic life; documents availability, 3762 See National Oceanic and Atmospheric Administration See National Telecommunications and Information Farmers Home Administration Administration RULES Organization, functions, and authority delegations: Consumer Product Safety Commission Freedom of Information/Privacy Act Specialist et al., NOTICES 3651 Meetings; Sunshine Act, 3748 Federal Aviation Administration Defense Department RULES See Air Force Department Airworthiness directives: See Army Department McDonnell Douglas, 3651-3653 See Navy Department ' Federal Deposit Insurance Corporation Energy Department NOTICES See Energy Information Administration Meetings; Sunshine Act, 3748 See Federal Energy Regulatory Commission NOTICES Federal Emergency Management Agency Atomic energy agreements; subsequent arrangements, 3681 NOTICES Committees; establishment, renewal, termination, etc.: Emergency food and shelter national board program; Environmental Management Advisory Board, 3674 implementation plan, 3688-3724 IV Federal Register / Vol. 59, No. 17 / Wednesday, January 26, 1994 / Contents Federal Energy Regulatory Commission See Geological Survey NOTICES See Indian Affairs Bureau Electric rate and corporate regulation filings; See Land Management Bureau New England Power Co. et al., 3677-3679 See Minerals Management Service Pacific Gas & Electric Co. et al., 3679-3680 See National Park Service Natural gas certificate filings; NOTICES Florida Gas Transmission Co. et al., 3680-3681 Central Utah Water Conservatory District: Environmental statements; availability, etc.— Federal Maritime Commission Daniel Replacement/Wasatch Counter efficiency NOTICES project, UT; meetings, 3734 Investigations, hearings, petitions, etc.; Totem Ocean Trailer Express, Inc., 3724 International Trade Commission NOTICES Fish and Wildlife Service Import investigations: NOTICES Peanut butter and peanut paste, 3734-3735 Privacy Act; Silicon carbide from— Systems of records, 3732 China, 3735-3736 Wheat, wheat flour, and semolina, 3736-3737 Food and Drug Administration RULES Food additives: Justice Department Adjuvants, production aids, and sanitizers— See Antitrust Division 4*ll5-l[[4-(aminocarbonyl)phenyl]aminolcarbonyll-2- NOTICES Pollution control; consent judgments: methoxyphenyllazo)*N-(5-^loro-2,4- Lord Corp., 3737 * dimethoxyphenyl)-3-hydroxy-2- NSA, 3738 naphalenecarboxamide (C.l. Pigment Red 18. 3653-3654 Land Management Bureau General Services Administration NOTICES RULES Realty actions; sales, leases, etc.: Acquisition regulations: Idaiho; correction, 3749 • Contractor identification of products with enviroiunental Nevada, 3731 attributes, 3657-3658 New Mexico; correction. 3749 NOTICES Withdrawal and reservation of lands; Organization, functions, and authority delegations: Nevada, 3731-3732 National Science Foundation, 3724-3725 Post*FTS2000 concept development record conference Minerals Management Service proceedings; availability date change, 3725 NOTICES Agency information collection activities under OMB Geologicai Survey review, 3732-3733 NOTICES Meetings: Grants and cooperative agreements; availability, etc.: , Outer Continental Shelf Advisory Board, 3733 National earthquake hazards reduction program, 3732 Health and Human Services Department Minority Business Development Agency See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Business development center program applications: See Health Resources and Services Administration Arkansas, 3664-3665 See National Institutes of Health Louisiana, 3665-3667 Health Resources and Services Administration National Aeronautics and Space Administration NOTICES NOTICES Health education assistance loan (HEAL) program; Meetings: Defaulted borrowers; list; correction, 3725-3730 Life and Microgravity Sciences and Applications Advisory Committee. 3739 Housing and Urban Development Department Space Science Advisory Committee. 3739 NOTICES Grants and cooperative agreements; availability, etc.: National Archives and Records Administration Opportimities for youth; Youthbuild programs; development and implementation, 3731 NOTICES Meetings: Indian Affairs Bureau ^ Archival motion picture and video recording reproductions; ordering procedures, 3739 NOTICES Agency information collection activities under OMB review, 3760 National Foundation on the Arts »id the Humanities NOTICES Interior Department Meetings: See Fish and Wildlife Service Humanities National Council, 3739-3740 Federal Register / Vol. 59, No. 17 / Wednesday, January 26, 1994 / Contents National Institutes of Health Securities and Exchange Commission NOTICES NOTICES Meetings: Self-regulatory organizations; proposed rule changes: National Institute of Mental Health, 3730 American Stock Exchange, Inc., 3745-3746 National Institute of Nursing Research, 3730 State Department National Oceanic and Atmospheric Administration NOTICES RULES Munitions export licenses suspension: Fishery conservation and management: Armour of America, Inc., et al., 3746-3747 Gulf of Mexico reef fish; correction, 3749 PROPOSED RULES Transportation Department Endangered and threatened species: See C^st Guard Coho salmon in Washington, Oregon, Idaho, and See Federal Aviation Administration California— Critical habitat designation, 3662-3663 Veterans Affairs Department NOTICES Permits: / PROPOSED RULES Veterans Benfits Department, fiduciary activities; Endangered and threatened species, 3667 beneficiary’s income and assets full disclosure, 3659- 3660 National Park Service NOTICES National Register of Historic Places: Pending nominations, 3733-3734 Separate Parts In This Issue National Telecommunications and Information Part II Administration Department of Health and Human Services, Centers for NOTICES Disease Control and Prevention, 3752-3755 Meetings: National Information Infrastructure Advisory Council, Part III 3758 Department of Commerce, National Telecommunications and Information Administration, 3758 Navy Department NOTICES Part IV Patent licenses; non-exclusive, exclusive, or partially Department of the Interior, Bureau of Indian Affairs, 3760 exclusive: Results MA, 3674 PartV Environmental Protection Agency, 3762 Nuclear Regulatory Commission NOTICES Part VI Environmental statements; availability, etc.: Environmental Protection Agency, 3764-3769 Bingham Engineering, 3740 Memorandums of imderstanding: Environmental Protection Agency; Homestake Mining Co. Reader Aids uranium mill; byproduct material disposal, 3740- Additional information, including a list of public laws, 3743 telephone numbers, and finding aids, appears in the Reader Applications, hearings, determinations, etc.: Aids section at the end of this issue. Duke Power Co., 3743-3744 Public Health Service See Centers for Disease Control and Prevention Electronic Bulletin Board See Food and E)rug Administration Free Electronic Bulletin Board service for Public Law See Health Resources and Services Administration numbers and Federal Register finding aids is available on See National Institutes of Health 202-275-1538 or 275-0920. VI Federal Register / Vol. 59, No. 17 / Wednesday, January 26, 1994 / 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 erxl of this issue. 7 CFR 2018.3651 14 CFR 39 .-.3651 21 CFR 178.3653 33 CFR 155.3749 38 CFR Proposed Rules: 13. „....3669 40 CFR 180 (2 documents)-3654, 3655 Proposed Rules: 72.3660 73...„.3660 761.3660 799.3661 48 CFR 538.3657 552-. 3657 50 CFR 641.3749 Proposed Rules: 227...3662 3651 Rules and Regulations Federal Register Vol. 59, No. 17 Wednesday, January 26, 1994 This section of the FEDERAL REGISTER requests made to FmHA. To speed up records being requested. The Freedom contains regulatory documents having general processing these requests, it will be of Information Officer, Freedom of applicability and legal effect, most of which necessary to expand the delegation of Information/Privacy Act Specialist, are keyed to and codified in the Code of authority to include the Administrative Management Analyst, each State Federal Regulations, which is published under Officers and Administrative Program Administrator Officer, each 50 titles pursuant to 44 U.S.C. 1510. Chief for each state and two additional Administrative Program Chief, each The Code of Federal Regulations is sold by professional positions. Freedom of State Director, each District Director, the Superintendent of Documents. Prices of Information/Privacy Act Specialist and and each County Supervisor are new books are listed in the first FEDERAL Management Analyst, located in the delegated authority to act respiectively at REGISTER issue of each week. FmHA Freedom of Information/Torts the National, state, district, or county Section at the National Office. level on behalf of Farmers Home DEPARTMENT OF AGRICULTURE Classification A*dm*inist*ratio*n to; * This action has been reviewed under F::;nners Home Administration USDA procedures which implement Dated: December 14,1993. Executive Order 12886. The action is Bob Nash, 7 CFR Part 2018 exempt firom those requirements Undersecretary, Small Community and Rural because it involves only internal Agency Development. Extension of the Delegation of management. While it is USDA policy to IFR Doc. 94-1603 Filed 1-25-94; 8:45 am) Authority for Freedom of Information publish for comment rules relating to BILUNG CODE 3410-07-U Act and Privacy Act Requests public property, loans, grants, benefits, AGENCY: Farmers Home Administration, or contracts notwithstanding the USDA. exemption in 5 U.S.C. 553 with respect DEPARTMENT OF TRANSPORTATION ACTION: Final rule. to such rules, this action involves only Federal Aviation Administration internal Agency management. SUMMARY: The purpose of this Therefore, publication for comment is 14 CFR Part 39 amendment to the Farmers Home unnecessary. Administration (FmHA) regulations is to [Docket No. 93-NM-231-AD; Amendment expand the delegation of authority to List of Subjects in 7 CFR Part 2018 39-8806; AD 94-02-08] include the Freedom of Information/ Administrative practice and Privacy Act Specialist and Management procedure. Freedom of information. Airworthiness Directives; McDonnell Analyst positions located in the Accordingly, part 2018 of chapter I}ouglas Model MD-11 Series Freedom of Information/Torts Section at XVIII, title 7, Code of Federal Airplanes the National Office, and the State Regulations, is amended as follows: AGENCY: Federal Aviation Administrative Officers/Administrative Program Chiefs. This action is necessary PART 2018—GENERAL Administration, DOT. due to a noticeable increase in Freedom 1. The authority citation for part 2018 AcoCmTIOmNe: nFtsin. al rule; request for of Information requests that must be continues to read as follows: psproeceeds usepd t.h Teh per oincteesnsdinegd oeff ftehcet Fisr etoed om Authority: 5 U.S.C. 552. SnUeMwM aAirRwY:o Trthhiisn aemsse dnidremcetinvte a (dAoDp)t st haa t is of Information Act requests. Subpart F—Availability of Information applicable to certain McDonnell EFFECTIVE DATE: January 26,1994. Douglas Model MD-11 series airplanes. 2. The introductory paragraph of FOR FURTHER INFORMATION CONTACT: This action requires an inspection to § 2018.254 is revised to read as follows: Dorothy Hinden, Freedom of detect chafing damage to certain wiring Information Officer, General Services § 2018.254 Requests for records. in the main avionics rack, repair or Staff, Farmers Home Administration Requests for records are to be replacement of damaged wiring, and (FmHA), USDA, room 6847, South submitted in accordance with 7 CFR 1.3 modification of the wiring installation. Agriculture Building, 14th and and may be made to the appropriate This amendment is prompted by a Independence Avenue SW,, County Supervisor, District Director, report of a chafed wire harness found on Washington, DC 20250-0700, State Administrative Officer, State the main avionics rack on one airplane Telephone (202) 720-9638. Administrative Program Chief, State that resulted in arcing damage to the Director, or the Freedom of Information/ wire harness and adjacent structure. The SUPPLEMENTARY INFORMATION: Privacy Act Specialist, Management actions specified in this AD are Backgroimd Analyst, or Freedom of Information intended to prevent chafing of the main The State Directors, District Directors, Officer. The last three positions are avionics rack wiring, which could result County Supervisors and the Freedom of located in the General Services Staff, in arcing and a fire in the wire bundle; Information Officer are the only Farmers Home Administration, this could lead to damage to aircraft positions currently delegated authority Washington, DC 20250-0700. The systems and loss of associated aircraft to respond to requests under the phrase “FOLA REQUEST” should functions. Freedom of Information Act (FOIA), appear on the outside of the envelope in OATES: Effective February 10,1994. During the last several years there has capital letters. Requests should be as The incorporation by reference of been a noticeable increase in FOIA specific as possible in describing the certain publications listed in the 3652 Federal Register / Vol. 59, No. 17 / Wednesday, January 26, 1994 / Rules and Regulations regulations is approved by the Director December 22,1993, that describes action and determining whether of the Federal Register as of February procedures for performing a visual additional rulemaking action would be 10,1994. inspection to detect chafing damage to needed. Comments for inclusion in the Rules the wire harness located on the aft side Comments are specifically invited on Docket must be received on or before of the main avionics rack on shelves 1 the overall regulatory, economic, March 28,1994. through 4. It also describes procedures environmental, and energy aspects of ADDRESSES: Submit conunents in for repairing or replacing d^aged the rule that might suggest a need to triplicate to the Federal Aviation wiring, and modifying the wiring modify the rule. All comments Administration (FAA), Transport installation by bonding nylon sheets submitted will be available, both before Airplane Directorate, ANM-103, between the wire harnesses and the and after the closing date for comments, Attention: Rules Docket No. 93-NM- protective tape on the screw heads. in the Rules Docket for examination by 231-AD, 1601 Lind Avenue SW., Since an unsafe condition has been interested persons. A report that Renton, Washin^on 98055-4056. identified that is likely to exist or summarizes each FAA-puhlic contact The service information referenced in develop on other Model MD-11 series concerned with the substance of this AD this AD may be obtained from airplanes of the same type design, this will be filed in the Rules Docket. McDoimell Douglas Corporation, P.O. AD is being issued to prevent dhafing of Commenters wishing the FAA to Box 1771, Long Beach, California the main avionics rack wiring, which acknowledge receipt of their comments 90846-0001, Attention: Business Unit could result in arcing and fire in the submitted in response to this notice Manager, Technical Publications, Cl- wire bundle, and lead to damage to must submit a self-addressed, stamped HDR (54-60). This information may be aircraft syst^s and the subsequent loss postcard on which the following examined at the FAA, Transport of associated aircraft functions. This AD statement is made: “Comments to Airplane Directorate, 1601 Lind Avenue requires a detailed visual inspection to Docket Number 93-NM-231-AD.” The SW., Renton, Washington; or at the Los detect chafing damage to the wire postcard will be date stamped and Angeles Aircraft CertiRcation Office, harnesses located on the aft side of the returned to the commenter. FAA, Transport Airplane Directorate, main avionics rack on shelves 1 through The regulations adopted herein will 3229 East Spring Street, Long Beach, 4. Any damaged wiring must be not have substantial direct effects on the replaced or repaired prior to further California; or at the Office of the Federal States, on the relationship between the Register, 800 North Capitol Street NW., flight. Additionally, operators are national government and the States, or required to modify the wiring suite 700, Washington, DC. on the distribution of power and installation by bonding nylon sheets FOR FURTHER INFORMAHON CONTACT: between the wire harnesses and the responsibilities among the various Brett Portwood, Aerospace Engineer, levels of government Therefore, in protective tape on the screw heads. The Systems & Equipment Branch, ANM- accordance with Executive Oder 12612, actions are required to be accompli^ed 132L, Los Angeles Aircraft Certification it is determined that this^final rule does in accordance with the service bulletin Office, FAA, Transport Airplane not have sufficient federalism described previously. Directorate, 3229 East Spring Street, This is considered interim action implications to warrant the preparation Long Beach, California 90806-2425; until final action is identified, at which of a Federalism Assessment telephone (310) 988-5347; fax (310) time the FAA may consider additional The FAA has determined that this 988-5210. rulemaking. regulation is an emergency regulation SUPPLEMENTARY INFORMATION: Recently, Since a situation exists that requires that must be issued immediately to one operator of McDonnell Douglas the immediate adoption of this correct an unsafe condition in aircraft, Model MD-11 series airplanes reported regulation, it is found that notice and and is not a “significant r^ulatory one instance of the auto ground spoiler opportunity for prior public comment action” imder l^ecutive Order 12866. It failing to arm on one airplane. hereon are impracticable, and that good has been determined frirther that this Investigation revealed two wires that cause exists for making this amendment action involves an emergency regulation had burnt in half and several charred effective in less than 30 days. imder DOT Regulatory Policies and wires on shelf 3 of the aft section of the Procedures (44 FR11034, February 26, main avionics rack. These wires Comments Invited 1979). If it is determined that this apparently had chafed and shorted on Although this action is in the form of emergency regulation otherwise would the screws that attach the wire bundle a final rule that involves requirements be significant under DOT Regulatory trough assembly to the rack. affecting flight safety and, thus, was not Policies and Procedures, a final Additionally, the protective tape was preceded by notice and an opportunity regulatory evaluation will be prepared worn from the attach screw heads. The for public comment, comments are and placed in the Rules Docket A copy operator then conducted a fleet invited on this rule. Interested persons of it, if filed, may be obtained from the inspection and found additional wire are invited to comment on this rule by Rules Docket at the location provided chafing at the same location on another submitting such written data, views, or under the caption ADDRESSES. airplane. The operator also found worn arguments as they may desire. List of Subjects in 14 CFR Part 39 protective tape (exposed soew heads) at Communications shall identify the various locations on the avionics racls Rules Docket number and be submitted Air transportation. Aircraft, Aviation on other airplanes. Chafing of the wiring in triplicate to the address specified safety. Incorporation by reference. in the main avionics rack, if not under the caption ADDRESSES. All Safety. detected and corrected in a timely communications received on or before Adoption of the Amendment manner, could result in arcing and a fire the closing date for comments will be in the wire bundle; this could lead to considered, and this rule may be Accordingly, pursuant to the damage to aircraft systems and the loss amended in light of the comments authority delegated to me by the of associated aircraft functions. received. Factual information that Administrator, the Federal Aviation The FAA has reviewed and approved supports the commenter’s ideas and Administration amends 14 CFR part 39 McDonnell Doiiiglas MD-11 Alert suggestions is extremely helpful in of the Federal Aviation Regulations as Service Bulletin A24-75, dated evaluating the effectiveness of the AD follows:

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