Federal Register 1996-01-03: Vol 61 Iss 2

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Vol. 61 No. 2
Wednesday
January 3, 1996
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Contents
Federal Register
Vol. 61, No. 2
Wednesday, January 3, 1996
Agricultural Marketing Service Environmental Protection Agency
RULES RULES
Papayas grown in Hawaii, 99-100 Air pollution control; new motor vehicles and engines:
Peanuts domestically produced, 102-104 Clean-fuel vehicles and engines emission standards,
Raisins produced from grapes grown in California, 100-102 conversion requirements, and California pilot text
program; small-voliune manufacturers certification
NOTICES
program conversion sales volxime limit provision
Agency information collection activities:
removed, 129-130
Proposed collection; comment request, 159-160
Deterioration factors for alternative fuel vehicles,
determination requirements; inherently low-emission
Agriculture Department vehicles; labeling reqviirements amendbnents, 122-
See Agricultural Marketing Service 128
See Food and Consumer Service PROPOSED RULES
Air pollution control; new motor vehicles and engines:
See Foreign Agricultural Service
Small-volume manufacturers certification of clean-fuel
See Rural Utilities Service and conventional vehicle conversions; sales volmne
NOTICES limit provisions, 140-145
Import quotas and fees: NOTICES
Upland cotton, 156-157 Confidential business information and data transfer, 162-
Privacy Act: / 163
Computer matching programs, 158-159
Executive Office of the President
See Presidential Docmnents
Coast Guard
Federal Aviation Administration
PROPOSED RULES
Ports and waterways safety: RULES
Savannah River et al., GA; safety/security zones, 136-139 Airworthiness directives:
Boeing, 116-120
Airworthiness stemdards:
Commodity Futures Trading Commission Special conditions—
NOTICES Hamilton Standard model 568F propeller, 114-115
Meetings; Simshine Act, 230 Class E airspace, 120-121, 121-122
Class E airspace; correction, 232
PROPOSED RULES
Customs Service Airworthiness directives:
NOTICES British Aerospace, 131-133
Imported glassware; tariff classification emd guidelines, Domier, 133-134
223-229 McDonnell Douglas, 134-136
NOTICES
Organization, functions, and authority delegations:
Defense Department Bloomington, IN, 223
RULES Mimcie, IN, 223
Acquisition regulations: South Lake Tahoe, CA, 223
Uruguay Roimd (1996 agreement); implementation, 130
Federal Energy Regulatory Commission
PROPOSED RULES
Federal Acquisition Regulation (FAR): NOTICES
Environmental statements; availability, etc.:
Employee stock ownership plans; comment period
EcoElectrica, L.P.; correction, 232
extension, 234
Applications, hearings, determinations, etc.:
Coliunbia Gas Transmission Corp. et al., 161
Energy Department NorAm Gas Transmission Co., 161-162
See Energy Research Office
Federal Housing Finance Board
See Federal Energy Regulatory Commission
NOTICES
Meetings; Simshine Act, 230
Energy Research Office
Federal Reserve System
NOTICES
Meetings: NOTICES
Agency information collection activities:
Basic Energy Sciences Advisory Committee, 162
Proposed collection; comment request, 163-166
Meetings; Sunshine Act, 230-231
Applications, hearings, determinations, etc.:
Fidelity Co. et al., 166
IV Federal Register / Vol. 61, No. 2 / Wednesday, January 3, 1996 / Contents
J.G.D.B. y Cia. S. en C. et al., 166—167 Nuclear Regulatory Commission
Johnson, Arthur C., et al., 166 RULES
Middlefork Financial Group et al.; correction, 167 Production and utilization facilities; domestic licensing:
National City Corp., 167-168 Nuclear power plants—
Ohio Valley Banc Corp et al., 168 Light water reactor pressure vessels; fracture toughness
Royal Bank of Canada, 168 requirements; correction, 232
NOTICES
Meetings:
Federal Trade Commission
Reactor Safeguards Advisory Committee, 173-174
NOTICES
Meetings; Sunshine Act, 231
Prohibited trade practices:
Operating licenses, amendments; no significant hazards
Mama Tish’s Italian Specialities, Inc., 168—170
considerations; biweekly notices, 174-192
Applications, hearings, determinations, etc.:
Food and Consumer Service Commonwealth Edison Co., 192-193
NOTICES Minnick, Gary A., 193-195
Agency information collection activities:
Proposed collection; comment request, 160-161
Presidential Advisory Committee on Gulf War Veterans’
Illnesses
Food and Drug Administration
NOTICES
NOTICES Meetings, 195
Organization, functions, and authority delegations:
Office of Communication, Training, and Manufacturers Presidential Documents
Assistance, Center for Biologies Evaluation and
EXECUTIVE ORDERS
Research, et al., 170-171 Government employees:
Pay and allowances; rates (EO 12984), 237-245
Foreign Agricultural Service
NOTICES Public Health Service
Meetings: See Food and Drug Administration
Food and Agriculture Organization Committee on World
Food Security, 161 Reclamation Bureau
NOTICES
General Services Administration Environmental statements; availability, etc.:
PROPOSED RULES Boise Project, ID; Cascade Reservoir Resource
Federal Acqiusition Regulation (FAR): management plan, 171
Employee stock ownership plans; comment period
S
extension, 234 Rural Utilities Service
RULES
Health and Human Services Department Electric loans:
See Food and Drug Administration RUS borrowers; audit policy and certified public
accoimtant requirements, 104—114
Interior Department
See Reclamation Bureau Securities and Exchange Commission
NOTICES
Self-regulatory organizations; proposed rule changes:
Library of Congress
American Stock Exchange, Inc., 196—199
NOTICES Chicago Board Options Exchange, Inc., 199—202
Television and Video Preservation in U.S.; hearing; study,
Municipal Securities Rulemaking Board, 203-204
171-173
National Association of Securities Dealers, Inc., 204-208
Participants Trust Co., 208-209
National Aeronautics and Space Administration Philadelphia Stock Exchange, Inc., 209-213
PROPOSED RULES
Federal Acquisition Regulation (FAR):
Transportation Department
Employee stock ownership plans; comment period
See Coast Guard
extension, 234
See Federal Aviation Administration
See National Highway Traffic Safety Administration
National Credit Union Administration NOTICES
RULES Aviation proceedings:
Credit unions: Agreements filed; weekly receipts, 213-214
Truth in savings; reporting and recordkeeping Certificates of public convenience and necessity and
requirements, 114 foreign air carrier permits; weekly applications, 214
Transportation Marketplace Conference and Seminars;
proposal request, 214-223
National Highway Traffic Safety Administration
PROPOSED RULES
Fuel economy standards: Treasury Department
Light trucks— See Customs Service
1998 model year, 145-155
Federal Register / Vol. 61, No. 2 / Wednesday, January 3, 1996 / Contents V
Separate Parts In This Issue New Feature in the Reader Aids!
Beginning with the issue of December 4,1995, a new listing
will appear each day in the Reader Aids section of the
Part 11 Federal Register called “Reminders”. The Reminders will
Department of Defense, General Services Administration, have two sections; “Rules Going Into Effect Today” and
National Aeronautics and Space Administration, 234 “Comments Due Next Week”. Rules Going Into Effect
Today will remind readers about Rules documents
published in the past which go into effect “today”.
Part III
Comments Due Next Week will remind readers about
The President, 237-245
impending closing dates for comments on Proposed Rules
documents published in past issues. Only those dociunents'
published in the Rules and Proposed Rules sections of the
Federal Register will be eligible for inclusion in the
Reader Aids
Reminders.
Additional information, including a list of public laws,
The Reminders feature is intended as a reader aid only.
telephone numbers, and finding aids, appears in the Reader
Neither inclusion nor exclusion in the listing has any legal
Aids section at the end of this issue.
significance.
The Office of the Federal Register has been compiling data
for the Reminders since the issue of November 1,1995. No
documents published prior to November 1,-1995 will be
listed in Reminders.
Electronic Bulletin Board
Free Electronic Bulletin Board service for Public Law
numbers. Federal Register finding aids, and a list of
documents on public inspection is available on 202-275-
1538 or 275-0920.
VI
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the erxf of this issue.
3CFR
Executive Orders:
12944 (Superseded by
EO 12984). MR
12984. . MR
7CFR
928...99
997. .102
1773. .104
10CFR
50. .-...233
12CFR -■
707. .114
14CFR
35. 1 Hill 'll 11^
39....116
71 (3documerrts).120,121,
232
PfODOMd Rultts:
39 (3 documents).131,133,
134
33CFR
Proposed Rules:
165.136
40CFR
86.122
88 (2 documerrts).122, 129
Proposed Rules:
85 .140
86 .140
88..;.140
48CFR
225.130
252.130
Proposed Rules;
,31...234
49CFR
Proposed Rules:
533.145
99
Rules and Regulations
Federal Register
Vol. 61, No. 2
Wednesday, January 3, 1996
This section of the FEDERAL REGISTER amended (7 U.S.C. 601-674), hereinafter approximately 60 handlers regulated
contains regulatory documents having general referred to as the “Act.” imder this marketing order. Small
applicability and legal effect, most of which The Department of Agriculture agricvdtural producers have been
are keyed to and codified in the Code of (Department) is issuing this rule in defined by the Small Business
Federal Regulations, which is published under conformance with Executive Order Administration (13 CFR 121.601) as
50 titles pursuant to 44 U.S.C. 1510. 12866. those having annual receipts of less than
The Code of Federal Regulations is sold by This rule has been reviewed under $500,000, and small agricultural service
the Superintendent of Documents. Prices of Executive Order 12778, Civil Justice firms are defined as those whose emnual
new books are listed in the first FEDERAL Reform. Under the marketing order receipts are less than $5,000,000. The
REGISTER issue of each week. provisions now in effect, papayas grown majority of these producers and
in Hawaii are subject to assessments. It handlers may be classified as small
is intended that the assessment rate as entities.
DEPARTMENT OF AGRICULTURE issued herein will be applicable to all The papaya marketing order,
assessable papayas handled during the administered by the Department,
Agricultural Marketing Service 1995-96 fiscal year, which began July 1, requires that the assessment rate for a
1995, and ends June 30,1996. This final particular fiscal year apply to all
7 CFR Part 928 rule will not preempt any State or local
assessable papayas handled from the
laws, regulations, or policies, vmless
[Docket No. FV95-028-1-FR; Amendment 1] beginning of such year. Annual budgets
they present an irreconcilable conflict
of expenses are prepared by the
Papayas Grown in Hawaii; Reduction with this rule. Committee, the agency responsible for
of Expenses and Assessment Rate for The Act provides that administrative local administration of this marketing
the 1995-96 Fiscai Year proceedings must be exhausted before order, and submitted to the Department
parties may file suit in court. Under
for approval. The members of the
AGENCY: Agricultural Marketing Service, section 608c(15)(A) of the Act, any
Committee are handlers and producers
USDA. handler subject to an order may file
of Hawaiian papayas. They are familiar
ACTION: Final rule. with the Secretary a petition stating that with the Committee’s needs and with
the order, any provision of the order, or
the costs for goods, services, and
SUMMARY: This final rule reduces the any obligation imposed in connection
personnel in their local area, and are
expenses and rate of assessment with the order is not in accordance with
thus in a position to formulate
previously established under Marketing law and request a modification of the
appropriate budgets. The Committee’s
Order No. 928 for the 1995-96 fiscal order or to be exempted therefi’om. Such
budget was formulated and discussed in
year. This rule reduces the budget of handler is afforded the opportimity for
a public meeting. Thus, all directly
expenses and assessment rate which a hearing on the petition. After the
affected persons have had an
papaya handlers will be assessed for hearing the Secretary would rule on the
opportunity to participate and provide
funding expenses by the Papaya petition. The Act provides that the
input.
Administrative Committee (Committee) district court of the United States in any
The assessment rate recommended by
that are reasonable and necessary to district in which the handler is an
the Committee was derived by dividing
administer the program.. inhabitant, or has his or her principal
anticipated expenses by expected
EFFECTIVE DATE: July 1,1995 through place of business, has jurisdiction in shipments of papayas. Because that rate
June 30,1996. equity to review the Secretary’s,ruling
is applied to actual shipments, it must
on the petition, provided a bill in equity
FOR FURTHER INFORMATION CONTACT: be established at a rate which will
is filed not later than 20 days after date
Mary Kate Nelson, Marketing Assistant, produce sufficient income to pay the
of the entry of the ruling.
California Marketing Field Office, Fruit Pursuant to requirements set forth in Committee’s expected expenses. In
and Vegetable Division, AMS, USDA, the Regulatory Flexibility Act (RFA), the recommending an assessment rate, the
2202 Monterey Street, suite 102B, Administrator of the Agricultural Committee also considered funds
Fresno, California 93721, telephone Marketing Service (AMS) has available in a monetary reserve that
[phone], or Fax # (209) 487- considered the economic impact of this could be used to pay expenses.
5906; or Charles L. Rush, Marketing rule on small entities. The Committee met on April 28,1995,
Order Administration Branch, Fruit and The purpose of the RFA is to fit and imanimously recommended
Vegetable Division, AMS, USDA, room regulatory actions to the scale of expenses totaling $562,044 for its 1995—
2522-S, P.O. Box 96456, Washington, business subject to such actions in order 96 budget. The Committee met again on
D.C. 20090-6456; telephone: (202) 720- that small businesses will not be unduly July 20, 1995, and unanimously
5127, or Fax # [phone]. or disproportionately burdened. recommended a new budget because the
SUPPLEMENTARY INFORMATION: This final Marketing orders issued pursuant to the original budget contained inaccuracies.
rule is issued vmder Marketing Act. and rules issued thereunder, are The revised recommendation contained
Agreement and Order No. 928 (7 CFR unique in that they are brought about expenses totaling $465,800 for the
part 928), regulating the handling of through group action of essentially 1995-96 budget. This was a $123,400
papayas grown in Hawaii, hereinafter small entities acting on their own reduction in expenses compared to the
referred to as the “order.” The behalf. Thus, both statutes have small 1994-95 budget of $589,200.
marketing agreement and order are entity orientation and compatibility. The Committee also unanimously
effective under the Agricultural There are approximately 300 recommended an assessment rate of
Marketing Agreement Act of 1937, as producers of papayas in Hawaii, and $.0089 per pound for the 1995-96 fiscal
100 Federal Register / Vol. 61, No. 2 / Wednesday, January 3, 1996 / Rules and Regulations
year, which was the same as was After consideration of all relevant 7 CFR Part 989
recommended for the 1994-95 fiscal matter presented, including the
[FV95-989-5IFR]
year. information and recommendations
An interim final rule was published submitted by the Committee and other Raisins Produced From Grapes Grown
in the Federal Register (60 43351, available information, it is hereby foimd in California; Reduction in the
August 21,1995). A final rule was that this rule, as hereinafter set forth, Production Cap for the 1996 Raisin
published in the Federal Register on
will tend to effectuate the declared Diversion Program for Natural (Sun-
September 28,1995 (60 FR 50078).
policy of the Act. dried) Seedless Raisins
The Committee met again on
September 28,1995, and recommended Pursuant to 5 U.S.C. 533, it is also agency: Agricultural Marketing Service,
revising the budget to reduce expenses found and determined that good cause USDA.
to $435,800, and the assessment rate to exists for not postponing the effective
ACTION: Interim final rule with request
$.0059 per pound for the 1995-96 fiscal date of this rule until 30 days after
for comments.
year, which is $.0030 less than was publication in the Federal Register
recommended for the 1994-95 fiscal because: (1) This action reduces the SUMMARY: This interim final rule invites
year. The Committee recommended expenses and rate of assessment comments on a reduction of the
reducing their expenses for research and previously established under the production cap for the 1996 Raisin
development by $30,000, and reducing marketing order for the 1995-96 fiscal Diversion Program (RDP) for Natural
the reserve carryover for the following year; (2) the 1995 crop year began on (sun-dried) Seedless raisins. The
year to $26,597. There was some July 1,1995, and the marketing order production cap, which limits the
concern expressed at the meeting as to amount of raisin tonnage per acre for
requires that the rate of assessment
whether the Committee would have which an RDP participant can receive
apply to all assessable papayas during
enough income to meet expenses. credit, is reduced from 2.75 tons per
the crop year; and (3) handlers are
Ultimately, by a vote of eight to three acre to 2.2 tons per acre for this
aware of this rule which was
with one abstention, the Committee program. This reduction is intended to
recommended by the Committee at a
recommended the reduced expenses of bring the production cap for 1996 in
public meeting aaid published in the
$435,800 and an assessment rate of line with 1995 production per acre,
$.0059. Federal Register as a proposed rule. The which was approximately 20 percent
The assessment rate, when applied to proposed rule provided a 30-day smaller than the 1994 crop yield per
anticipated shipments of 33 million comment period; no comments were acre. This rule was unanimously
pounds, yields $194,700 in assessment received. recommended by the Raisin
income. Other sources of program List of Subjects in 7 CFR Part 928 Administrative Committee (Committee),
income include $40,000 from the the body which locally administers the
Hawaii Department of Agriculture, Marketing agreements. Papayas, marketing order.
$57,000 from the Department’s Foreign Reporting and recordkeeping DATES: This interim final rule becomes
Agricultural Service, $7,800 from the
requirements. effective January 3,1996. Comments
Japanese Inspection program, $3,000 in
which are received by January 18,1996
interest income, and $4,766 from the For the reasons set forth in the
will be considered prior to any
County of Hawaii. Thus, total income is preamble, 7 CFR part 928 is amended as
finalization of this interim final rule.
expected to be $307,266. The Committee follows;
plans to use money from its reserve ADDRESSES: Interested persons are
account to meet its estimated expenses PART 928—PAPAYAS GROWN IN invited to submit written comments
concerning this action. Comments must
for the year. HAWAII
be sent in triplicate to the Docket Clerk,
Major expense categories for the
1995-96 fiscal yecu- include $165,500 for 1. The authority citation for 7 CFR Fruit and Vegetable Division, AMS,
USDA, room 2525-S, P.O. Box 96456,
the market expansion program, part 928 continues to read as follows:
Washington, DC 20090-6456, or faxed
$115,000 for research and development,
Authority; 7 U.S.C. 601-674. to 202-720-5698. Comments should
and $67,000 for salaries. Funds in the
reference the docket number and the
reserve at the end of the 1995-96 fiscal 2. A new § 928.225 is added to read
date and page number of this issue of
year, estimated at $26,597, will be as follows:
the Federal Register and will be made
within the maximmn permitted by the
Note: This section will not appear in the available for public inspection in the
order of one fiscal year’s expenses'.
A proposed rule was published in the Code of Federal Regulations. Office of the Docket Clerk during regular
business hours.
Federal Register on November 6,1995 § 928.225 Expenses and assessment rate.
(60 FR 56003). That rule provided a 30- FOR FURTHER INFORMATION CONTACT:
day comment period. No comments Expenses of $435,800 by the Papaya Richard Van Diest, Marketing Specialist,
were received. Administrative Committee are California Marketing Field Office, Fruit
This action will reduce the authorized and an assessment rate of and Vegetable Division, AMS, USDA,
assessment obligation imposed on $.0059 per pound of assessable papayas 2202 Monterey Street, suite 102B,
handlers. The assessments will be is established for the fiscal year ending Fresno, California 93721; telephone:
uniform for all handlers. The June 30,1996. Unexpended funds may 209-487-5901 or Mark A. Slupek,
assessment costs are expected to be be carried over as a reserve. Marketing Specialist, Marketing Order
offset by the benefits derived from the Administration Branch, Fruit and
Dated: December 26,1995.
operation of the marketing order. Vegetable Division, AMS, USDA, room
Therefore, the Administrator of the Sharon Bomer Lauritsen, 2523-S, P.O. Box 96456, Washington,
AMS has determined that this action Deputy Director, Fruit and Vegetable Division. DC 20090-6456; telephone: 202-205-
will not have a significant economic {FR Doc. 96-23 Filed 1-2-96; 8:45 am] 2830.
impact on a substantial number of small BILUNG CODE 3410-02-P SUPPLEMENTARY INFORMATION: This
entities. interim final rule is issued under