Federal Register 1995-01-09: Vol 60 Iss 5

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1-9-95
Vol. 60 No. 5 Monday
January 9,1995
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Contents
Federal Register
Vol. 60, No. 5
Monday, January 9, 1995
Agency for Toxic Substances and Disease Registry Commission on Immigration Reform
NOTICES NOTICES
Meetings: Meetings, 2382
Public Health Service Activities and Research at DOE
Sites, Citizens Advisory Committee, 2373-2374 Committee for the Implementation of Textile Agreements
NOTICES
Agriculture Department
Cotton, wool, and man-made textiles:
See Animal and Plant Health Inspection Service China; correction, 2382-2383
Animal and Plant Health Inspection Service
Copyright Office, Library of Congress
RULES
PROPOSED RULES
Plant-related quarantine, domestic:
Cable systems:
Pine shoot beetle, 2321-2323
Compulsory license—
NOTICES
Genetically engineered organisms for release into Merger and acquisition, and individual pricing of
broadcast signals; impact on royalty calculation,
environment: permit applications, 2372-2373
2365-2367
Architectural and Transportation Barriers Compliance
Board Defense Department
NOTICES See Navy Department
Meetings: RULES
Americans with Disabilities Act Accessibility Guidelines Acquisition regulations:
Review Advisory Committee, 2373 Allowable individual compensation, 2330-2331
PROPOSED RULES
Assassination Records Review Board Acquisition regulations:
NOTICES Government property; meeting, 2370-2371
Records review, 2373 Federal Acquisition Regulation (FAR):
Contract award implementation, 2472-2476
Bonneville Power Administration
NOTICES Education Department
Floodplain and wetlands protection; environmental review NOTICES
determinations; availability, etc.: Meetings:
Burlington Bottoms Wildlife Mitigation Project, OR, National Assessment Governing Board, 2383
2383-2384 State educational agencies; submission of expenditure and
revenue data, etc., 2478
Centers for Disease Control and Prevention
NOTICES Energy Department
Meetings:
See Bonneville Power Administration
Advisory Committee to Director, 2395
See Federal Energy Regulatory Commission
Vital and Health Statistics National Committee, 2395-
2396
Environmental Protection Agency
Coast Guard PROPOSED RULES
Air pollution; standards of performance for new stationary
RULES
sources:
Lifesaving equipment:
LTltraviolet radiation-cured coatings; volatile matter
Hybrid inflatable personal flotation devices; approval
content, density, volume solids, and water content
requirements, 2482-2492
determination procedures, 2369-2370
PROPOSED RULES
Anchorage regulations: Air quality implementation plans; approval and
California; withdrawn, 2364-2365 promulgation; various States:
NOTICES California, 2367-2369
Meetings: NOTICES
Lower Mississippi River Waterway Safety Advisory Air programs:
Committee, 2424-2425 Ambient air monitoring reference and equivalent
methods-
Commerce Department Advanced Pollution Instrumentation, Inc.; Model 100A
See Export Administration Bureau Fluorescent Sulfur Dioxice Analyzer, 2386
See Foreign-Trade Zones Board Meetings:
See International Trade Administration Science Advisory Board, 2386-2387
See National Oceanic and Atmospheric Administration Water pollution control:
NOTICES National pollutant discharge elimination system; State
Agency information collection activities under OMB programs—
review, 2374-2375 Louisiana and Texas, 2387-2394
IV Federal Register / Vol. 60, No. 5 / Monday. January 9, 1995 / Contents
Export Administration Bureau Microwave Networks, Inc.; microwave radio
NOTICES manufacturing plant, 2377-2378
Meetings:
Telecommunications Equipment Technical Advisory General Services Administration
Committee, 2375 PROPOSED RULES
Federal Acquisition Regulation (FAR):
Federal Aviation Administration Contract award implementation, 2472-2476
RULES
Airworthiness directives: Health and Human Services Department
* Boeing, 2323-2325 See Agency for Toxic Substances and Disease Registry
See Centers for Disease Control and Prevention
Federal Communications Commission See Food and Drug Administration
NOTICES See Health Care Financing Administration
Agency information collection activities under OMB See Health Resources and Services Administration
review, 2394-2395 See National Institutes of Health
See Public Health Service
Federal Energy Regulatory Commission
NOTICES Health Care Financing Administration
Hydroelectric applications, 2384-2385 RULES
Applications, hearings, determinations, etc.: Medicare:
Arizona Public Service Co., 2385 Specialized services providers and suppliers;
Seattle, WA, 2385 reorganization and technical and editorial changes.
Transcontinental Gas Pipe Line Corp., 238G 2325-2330
Federal Reserve System Health Resources and Services Administration
NOTICES NOTICES
Federal Reserve bank services: Grants and cooperative agreements; availability, etc.:
Fedwdre fund transfer service- Geriatric education centers, 2396-2397
Book-entry securities: operating hours and service
capabilities [EDITORIAL NOTE: This document, Housing and Urban Development Department
appearing on pages 123-128 in the FEDERAL NOTICES
REGISTER of January 3, 1995, w’as erroneously Agency information collection activities under OMB
contented as “Format expansion" and included in review, 2398-2399
the larger page span of 111-128.] Grants and cooperative agreements; availability, etc.;
Community outreach partnership centers development
Federal Retirement Thrift Investment Board programs; correction, 2399
NOTICES
Meetings: Indian Affairs Bureau
Employee Thrift Advisory Council, 2395 NOTICES
Meetings; Sunshine Act, 2427 Judgment funds; plans for use and distribution:
Pueblo of Nambe, 2480
Fish and Wildlife Service
NOTICES Interior Department
Environmental statements; availability, etc.: See Fish and Wildlife Service
Idaho (east-central) and western Montana; reintroduction See Indian Affairs Bureau
of grizzly bears, 2399-2400
Incidental take permits— Internal Revenue Service
Baldwin County, AL; Alabama beach mouse, 2400- PROPOSED RULES
2401 Income taxes:
> Property (contributed or other), distribution; recognition
Food and Drug Administration of gain or loss by contributing partner, 2352-2364
PROPOSED RULES
Biological products: International Trade Administration
General biologies and licensing and blood establishments NOTICES
and products; regulatory review and comment Antidumping:
request; meeting, 2351-2352 Porcelain-on-steel cooking ware from—
Mexico, 2378-2382
Foreign-Trade Zones Board
NOTICES International Trade Commission
Applications, hearings, determinations, etc.. NOTICES
Illinois Meetings; Sunshine Act, 2427
North American Lighting, Inc.; motor vehicle lighting
products, 2375 Interstate Commerce Commission
New Jersey, 2375 NOTICES
South Carolina, 2375-2376 Railroad operation, acquisition, construction, etc..
Texas, 2376-2378 Consolidated Rail Corp.. 2401
Hydril Co., Inc.; oil field equipment manufacturing Eastern Maine Railway Co.. 2401-2402
facilities, 2377 Fieldcrest Cannon. Inc., et al.. 2402
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Contents
Iowa Power, Inc., et al., 2402 NOTICES
Railroad services abandonment: - Meetings:
Kelley’s Creek & Northwestern Railroad Co., 2402-2403 National Vaccine Advisory Committee, 2397-2398
Southern Pacific Transportation Co., 2403 .
Securities and Exchange Commission
Labor Department NOTICES
NOTICES Self-regulatory organizations; proposed rule changes:
Meetings: Boston Stock Exchange, Inc., 2406-2409
Glass Ceiling Commission, 2403 Chicago Board Options Exchange, Inc., 2409-2410
Depository Trust Co., 2410-2412
Legal Services Corporation Municipal Securities Rulemaking Board, Inc., 2412-2413
RULES National Association of Securities Dealers, Inc., 2413-
Governing bodies; LSC fund recipients; correction, 2330 2415
Options Clearing Corp., 2415-2416
Library of Congress Participants Trust Co., 2416-2417
See Copyright Office, Library of Congress Philadelphia Stock Exchange, Inc., 2417-2423
Applications, hearings, determinations, etc.:
National Aeronautics and Space Administration Muir Investment Trust, 2424
PROPOSED RULES
Federal Acquisition Regulation (FAR): Sentencing Commission, United States
Contract award implementation, 2472-2476 See United States Sentencing Commission
National Institutes of Health
Textile Agreements Implementation Committee
NOTICES See Committee for the Implementation of Textile
Meetings:
Agreements
National Cancer Institute, 2397
National Oceanic and Atmospheric Administration Toxic Substances and Disease Registry Agency
See Agency for Toxic Substances and Disease Registry
RULES
Fishery conservation and management:
North Pacific Fisheries research plan; implementation, Transportation Department
2344-2350 See Coast Guard
Pacific coast groundfish, 2331-2344 See Federal Aviation Administration
NOTICES
Meetings: Treasury Department
Mid-Atlantic Fishery Management Council, 2382 See Internal Revenue Service
NOTICES
National Transportation Safety Board Agency information collection activities under OMB
NOTICES review, 2425-2426
Meetings; Sunshine Act, 2427
United States Sentencing Commission
Navy Department NOTICES
NOTICES Sentencing guidelines and policy statements for Federal
Meetings: courts, 2430-2469
Chief of Naval Operations Executive Panel, 2382-2383
Nuclear Regulatory Commission
Separate Parts In This Issue
NOTICES
Committees; establishment, renewal, termination, etc.:
Part II
Medical Uses of Isotopes Advisory Committee, 2403-
United States Sentencing Commission, 2430-2469
2404
Organization, functions, and authority delegations:
Local public document room relocation and Part III
Department of Defense, General Services Administration.
establishment—
National Aeronautics and Space Administration, 2472-
Humboldt Bay Nuclear Power Station, CA; temporary
closing, 2404 2476
Applications, hearings, determinations, etc.:
Georgia Power Co. et al., 2404 Part IV
Tennessee Valley Authority, 2404-2406 Department of Education, 2478
Public Health Service Part V
See Agency for Toxic Substances and Disease Registry Department of the Interior, Bureau of Indian Affairs, 2480
See Centers for Disease Control and Prevention
See Food and Drug Administration Part VI
See Health Resources and Services Administration Department of Transportation, United States Coast Guard,
See National Institutes of Health 2482-2492
• ,
2321
Rules and Regulations
Federal Register
Vol. 60, No. 5
Monday, January 9, 1995
This section of the FEDERAL REGISTER Hyattsville, MD, move to Riverdale, MD, exists that warrants publication of this
contains regulatory documents having general during January. Telephone: (301) 436- interim rule without prior opportunity
applicability and legal effect, most of which 8247 (Hyattsville): [phone] for public comment. Immediate action is
are keyed to and codified in the Code of (Riverdale). necessary to prevent the pine shoot
Federal Regulations, which is published under beetle from spreading to noninfested
50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: areas of the United States.
Background Because prior notice and other public
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of The pine shoot beetle is a highly procedures with respect to this action
new books are listed in the first FEDERAL destructive pest of pine trees. The pine are impracticable and contrary to the
REGISTER issue of each week. shoot beetle can cause damage in weak public interest under these conditions,
we find good cause under 5 U.S.C. 553
and dying trees, where reproduction
to make it effective upon signature. We
and immature stages of pine shoot
DEPARTMENT OF AGRICULTURE will consider comments that are
beetle occur, and in the new growth of
received within 60 days of publication
Animal and Plant Health Inspection healthy trees. The “maturation feeding” of this rule in the Federal Register.
Service of young beetles takes the form of boring After the comment period closes, we
up the center of pine shoots (usually of
will publish another document in the
7 CFR Part 301 the current year’s growth), causing
Federal Register. It will include a
stunted and distorted growth in the host
[Docket No. 92-139-8] discussion of any comments we receive
trees. The pine shoot beetle is also a
and any amendments we are making to
Pine Shoot Beetle vector of several diseases of pine trees. the rule as a result of the comments.
Adults can fly at least 1 kilometer, and
AGENCY: Animal and Plant Health the wood, nursery stock, and Christmas Executive Order 12866 and Regulatory
Inspection Service, USDA. trees they infest are often transported Flexibility Act
ACTION: Interim rule and request for long distances. This pest damages urban This interim rule has been reviewed
comments. trees, and can cause economic losses to under Executive Order 12866.
SsUhoMoMt AbReYe:t lWe ere agruel aatmioennsd binyg a tdhdei npgin e tihned utismtrbieesr., Christmas tree, and nursery MaFnoar gtehmise anctt iaonnd, Bthued Ogeftf ihcea so wf aived its
The regulations in 7 CFR 301.50 review process required by Executive
Adams and Jay Counties, IN, to the list
(referred to below as the regulations) Order 12866.
of quarantined areas. This action is
impose restrictions on the interstate In Adams County, IN, there are four
necessary on an emergency basis to
movement of regulated articles from nurseries and one logging operation; in
prevent the spread of the pine shoot
quarantined areas in order to prevent Jay County, IN, there are four nurseries
beetle, a highly destructive pest of pine
the spread of the pine shoot beetle into and two Christmas tree producers. All
trees, into noninfested areas of the
noninfested areas of the United States. could probably be classified as small
United States.
Surveys recently conducted by State entities by Small Business
DATES: Interim rule effective December and Federal inspectors revealed that Administration criteria (for nurseries,
29, 1994. Consideration will be given
Adams and Jay Counties, IN, are annual gross receipts of $150,000 or
only to comments received on or before
infested with the pine shoot beetle-. The less; for loggers, annual gross receipts of
March 10,1995.
regulations in §301.50-3 provide that $3.5 million or less; for Christmas tree
ADDRESSES: Please send an original and the Administrator of the Animal and producers, annual gross receipts of $0.5
three copies of your comments to Chief, Plant Health Inspection Service (APHIS) million or less). The logging operation
Regulatory Analysis and Development, will list as a quarantined area each in Adams County harvests only
PPD, APHIS, USDA, P.O. Drawer 810, State, or each portion of a State, in deciduous trees.
Riverdale, MD 20738. Please state that which the pine shoot beetle has been This action will restrict the movement
your comments refer to Docket No. 92- found by an inspector, in which the of certain pine products from
139-8. Comments received may be Administrator has reason to believe the quarantined areas to nonquarantined
inspected at USDA, room 1141, South pine shoot beetle is present, or that the areas. If inspected and found to be
Building, 14th Street and Independence Administrator considers necessary to infested with the pine shoot beetle,
Avenue SW., Washington. DC, between regulate because of its inseparability for these pine products can be either
8 a.m. and 4:30 p.m., Monday through quarantine enforcement purposes from diverted for sale within local markets or
Friday, except holidays. Persons localities in which the pine shoot beetle treated in accordance with § 301.50-10
wishing to inspect comments are has been found. prior to shipment to a nonquarantined
requested to call ahead on (202) 690- In accordance with these criteria, we area. Based on information acquired
2817 to facilitate entry into the are designating Adams and Jay from extension agents, we estimate that,
comment reading room. Counties, IN, as quarantined areas, and in the newly quarantined counties, most
FOR FURTHER INFORMATION CONTACT: Mr. adding them to the list of quarantined producers of regulated pine products
C. David McNeal, Operations Officer, areas in § 301.50-3(c). make approximately 90 percent of their
Plant Protection and Quarantine, sales locally or to buyers within the
Emergency Action
APHIS, USDA, P.O. Drawer 810, county or other quarantined areas in
Riverdale, MD 20738. The telephone The Administrator of the Animal and Indiana and thus will not be affected bv
number for the agency contact will Plant Health Inspection Service has this action. Producers can treat the
change when agency offices in determined that an emergency situation small amount of regulated pine produi ts
2322 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations
sold interstate with an approved methyl (OMB), and there are no new Friday, except holidays. Persons
bromide treatment at a reasonable cost requirements. The assigned OMB wishing to inspect copies are requested
(approximately $1 per tree). control number is 0579-0088. to call ahead on [phone] to
YVe anticipate, therefore, that this facilitate entry into the reading room. In
action will not have a significant National Environmental Policy Act addition, copies may be obtained by
economic impact on small nurseries, An environmental assessment and writing to the individual listed under
Christmas tree farmers, or other forest finding of no significant impact have FOR FURTHER INFORMATION CONTACT.
product producers in the two newly been prepared for this rule. The
quarantined counties. assessment provides a basis for the List of Subjects in 7 CFR Part 301
Under these circumstances, the conclusion that the treatment of Agricultural commodities, Plant
Administrator of the Animal and Plant regulated articles, under the conditions diseases and pests, Quarantine,
Health Inspection Service has specified in this rule, will not present a Reporting and recordkeeping
determined that this action will not risk of introducing or disseminating requirements. Transportation.
have a significant economic impact on plant pests and will not have a Accordingly, 7 CFR part 301 is
a substantial number of small entities. significant impact on the quality of the amended as follows:
human environment. Based on the
Executive Order 12372
finding of no significant impact, the PART 301—DOMESTIC QUARANTINE
This program/activity is listed in the
Administrator of the Animal and Plant NOTICES
Catalog of Federal Domestic Assistance
Health Inspection Service has
under No. 10.025 and is subject to determined that an environmental 1. The authority citation for part 301
Executive Order 12372, which requires impact statement need not be prepared. continues to read as follows:
intergovernmental consultation with
State and local officials. (See 7 CFR part The environmental assessment and Authority: 7 U.S.C. 150bb, 150dd, 150ec.
finding of no significant impact were 150ff, 161, 162, and 164-167; 7 CFR 2.17,
3015, subpart V.)
prepared in accordance with: (1) The 2.51, and 371.2(c).
Executive Order 12778 National Environmental Policy Act of 2. In § 301.50-3, paragraph (c), under
This rule has been reviewed under 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Indiana, new counties are added, in
Executive Order 12778, Civil Justice Regulations of the Council on alphabetical order; and paragraph (d) is
Reform. This rule: (1) Preempts all State Environmental Quality for revised to read as set forth below:
and local laws and regulations that are Implementing the Procedural Provisions
inconsistent with this rule; (2) has no of NEPA (40 CFR parts 1500-1508), (3) § 301.50-3 Quarantined areas.
retroactive effect; and (3) does not USDA Regulations Implementing NEPA *****
require administrative proceedings (7 CFR part lb), and (4) APHIS (c) * * *
before parties may file suit in court Guidelines Implementing NEPA (44 FR
challenging this rule. 50381-50384, August 28, 1979, and 44 Indiana
FR 51272-51274, August 31, 1979). Adams County. The entire county.
Paperwork Reduction Act Copies of the environmental *****
In accordance with the Paperwork assessment and finding of no significant
fay County. The entire county.
Reduction Act of 1980 (44 U.S.C. 3501 impact are available for public *****
et seq.), the information collection or inspection at USDA, room 1141, South
recordkeeping requirements included in Building, 14th Street and Independence (d) A map of the quarantined areas
this rule have been approved by the Avenue SVV., Washington, DC, between follows:
Office of Management and Budget 8 a.m. and 4:30 p.m., Monday through BILLING CODE 3410-34-P