Table Of Content

1-6-98 Vol. 63 No. 3 Tuesday January 6, 1998 ill t ■ B i United States PERIODICALS 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. A FR UM3 346U DEC 98 R UMI SERIALS ACQUISITIONS PO BOX 1346 ANN ARBOR MI 48106 1-6-98 Tuesday Vol. 63 No. 3 January 6, 1998 Pages 399-654 Briefings on how to use the Federal Register For information on briefings in Washington, DC, see announcement on the inside cover of this issue. Now Available Online Code of Federal Regulations via GPO Access (Selected Volumes) Free, easy, online access to selected Code of Federal Regulations (CFR) volumes is now available via GPO ■ Access, a service of the United States Government Printing Office (GPO). CFR titles will be added to GPO Access incrementally throughout calendar years 1996 and 1997 until a complete set is available. GPO is taking steps so that the online and printed versions of the CFR will be released concurrently. The CFR and Federal Register on GPO Access, are the official online editions authorized by the Administrative Committee of the Federal Register. New titles and/or volumes will be added to this online 11 service as they become available. http:// WWW .access.gpo.gov/nara/cfr For additional information on GPO Access products, services and access methods, see page II or contact the GPO Access User Support Team via: ★ Phone: toll-free: 1-888-293-6498 -Ar Email: [email protected] Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 SUBSCRIPTIONS AND COPIES PUBLIC Subscriptions: Paper or fiche 202-512-1800 Assistance with public subscriptions 512-1806 General online information 202-512-1530; 1-888-293-6498 FEDERAL REGISTER Published daily, Monday through Friday, Single copies/back copies: (not published on Saturdays, Sundays, or on official holidays), by the Office of the Federal Register, National Archives ana Paper or fiche 512-1800 Records Administration, Washington, DC 20406, under the Federal Assistance with public single copies 512-1803 Register Act (49 Stat. 500, as amended; 44 U.S.C. Ch. 15) and FEDERAL AGENCIES the regulations of the Administrative Committee of the Federal Subscriptions: Register (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Paper or fiche 523-5243 Washington, DC 20402. Assistance with Federal agency subscriptions 523-5243 The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Federal agencies. These include Presidential proclamations and FEDERAL REGISTER WORKSHOP Executive Orders and Federal agency documents having general applicability and legal effect, documents required to be published THE FEDERAL REGISTER: WHAT IT IS AND by act of Congress and other Federal agency documents of public HOW TO USE IT interest. Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless FOR: Any person who uses the Federal Register and Code of Federal earlier filing is requested by the issuing agency. Regulations. The seal of the National Archives and Records Administration WHO: Sponsored by the Office of the Federal Register. authenticates this issue of the Federal Register as the official serial WHAT: Free public briefings (approximately 3 hours) to present: publication established under the Federal Register Act. 44 U.S.C. 1. The regulatory process, with a focus on the Federal Register 1507 provides that the contents of the Federal Register shall be system and the public’s role in the development regulations. judicially noticed. 2. The relationship between the Federal Register and Code of Federal Regulations. The Federal Register is published in paper, 24x microfiche and as an online database through GPO Access, a service of the U.S. 3. The important elements of typical Federal Register Government Printing Office. The online edition of the Federal documents. Register on GPO Access is issued under the authority of the 4. An introduction to the finding aids of the FR/CFR system. Administrative Committee of the Federal Register as the official WHY: To provide the public with access to information necessary to legal equivalent of the paper and microfiche editions. The online research Federal agency regulations which directly affect them. database is updated by 6 a.m. each day the Federal Roister is There will be no discussion of specific agency regulations. published. The database includes both text and graphics from Volume 59, Number 1 (january 2, 1994) forward. Free public access is available on a Wide Area Information Server (WAIS) WASHINGTON, DC through the Internet and via asynchronous dial-in. Internet users [Two Sessions] can access the database by using the World Wide Web; the Superintendent of Documents home page address is http:// WHEN: january 27. 1998 at 9:00 am, and www.access.gpo.gov/su_docs/, by using local WAIS client February 17, 1998 at 9:00 am. software, or by telnet to swais.access.gpo.gov, then login as guest, WHERE: Office of the Federal Register (no password required). Dial-in users should use communications Conference Room software and modem to call (202) 512-1661; type swais, then login as guest (no password required). For general information about 800 North Capitol Street NW., GPO Access, contact the GPO Access User Support Team by , Washington, DC sending Internet e-mail to [email protected]; by faxing to (202) (3 blocks north of Union Station Metro) 512-1262; or by calling toll free 1-888-293-6498 or (202) 512- RESERVA'nONS: 202-523-4538 1530 between 7 a.m. and 5 p.m. Eastern time, Monday-Friday, except for Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 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, MasterCard or Discover. 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 Publication: Use the volume number and the page number. Example; 60 FR 12345. © Printed on recycled paper containing 100% post consumer waste III Contents Federal Register Vol. 63. No. 3 Tuesday, January 6, 1998 Agricultural Marketing Service Applications, hearings, determinations, etc.: RULES IGng, John Paul, M.D., 573-574 Tart cherries grown in Michigan et al., 399—406 Education Department Agricuiture Department NOTICES See Agricultural Marketing Service Grants and cooperative agreements; availability, etc.: See Animal and Plant Health Inspection Service Character education pilot projects, 638 See Natural Resources Conservation Service Meetings: See Rural Housing Service President’s Advisory Commission on Educational Excellence for Hispanic Americans, 473—474 Alcohol, Tobacco and Firearms Bureau NOTICES Employment and Training Administration Agency information collection activities: NOTICES Proposed collection: comment request, 598-599 Adjustment assistance: Can Corp. of America et al., 575 Animal and Plant Health Inspection Service Johns-Manville et al., 575-576 RULES Onan Corp. et al., 576-577 Exportation and importation of animals and animal R.G. Thomas Corp., 577 products: Sweatt’s Prefade, Inc., 577 Ruminants, meat and meat products from ruminants, and NAFTA transitional adjustment assistance: other ruminant products from countries where Delphi Energy and Engine et al., 577-579 bovine spongiform encephalopathy exist; restrictions, 406-408 Energy Department See Federal Energy Regulatory Commission Census'Bureau See Hearings and Appeals Offrce, Energy Department NOTICES See Southwestern Power Administration Surveys, determinations, etc.: See Western Area Power Administration Retail trade; annual, 469 NOTICES Wholesale trade; annual, 469-470 Electricity export and import authorizations, permits, etc.: USGen Power Services, et al., 474-475 Coast Guard Public Utility Regulatory Policies Act: NOTICES Electric and gas utilities covered in 1998; list, 475—476 Meetings: Houston/Galveston Navigation Safety Advisory Environmental Protection Agency Committee, 595-596 RULES Acquisition regulations: Commerce Department ■ Confidential business information; certification See Census Bureau requirements, 418 See National Oceanic and Atmospheric Administration Air programs: NOTICES Agency information collection activities: Clean Air Act— Submission for OMB review; comment request, 469 Accidental release prevention requirements; regulated substances and thresholds; amendments, 640-645 Defense Department Air quality implementation plans; approval and promulgation; various States: RULES Federal Acquisition Regulation (FAR): Pennsylvania: correction, 415—416 Preaward survey of prospective contractor: quality Utah, 414-415 assurance Clean Air Act: Correction, 648 Enhanced monitoring program compliance assurance PROPOSED RULES monitoring; credible evidence revision Federal Acquisition Regulation (FAR): Correction, 414 Contractor purchasing system review exclusions, 649 Pesticides: tolerances in food, animal feeds, and raw NOTICES agricultural commodities: Federal Acquisition Regulation (FAR): Sodium bicarbonate, etc.; correction, 417—418 Agency information collection activities— Zinc phosphide; correction, 416-417 Proposed collection; comment request, 473 PROPOSED RULES Submission for OMB review; comment request, 472- Air quality implementation plans; approval and 473 promulgation; various States: Indiana, 456—459 Drug Enforcement Administration NOTICES NOTICES Agency information collection activities: Meetings: Proposed collection; comment request, 559-560 Suspicious Orders Task Force, 574-575 Submission for OMB review; comment request, 560-561 IV Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Contents Executive Office of the President Food and Drug Administration See Presidential documents RULES Animal drugs, feeds, and related products: Federal Aviation Administration Sponsor name and address changes— Alpharma Inc.; correction, 408—409 NOTICES Passenger facility charges; applications, etc.: NOTICES Agency information collection activities: Quad City International Airport, IL, 597 Proposed collection: comment request, 564-565 Reno/Tahoe International Airport, NV, 596-597 Medical devices; premarket approval: Yeager Airport, WV, 597-598 Abbott Laboratories, 565-566 Federal Communications Commission General Services Administration PROPOSED RULES RULES Common carrier services; Federal Acquisition Regulation (FAR): Telecommunications Act of 1996; implementation— Preaward survey of prospective contractor; quality Digital television spectrum ancillary or supplmentary assurance use by DTV licensees; fees, 460-466 Correction, 648 NOTICES PROPOSED RULES Agency information collection activities: Federal Acquisition Regulation (FAR): Submission for OMB review; comment request, 561 Contractor purchasing system review exclusions, 649 Reporting and recordkeeping requirements, 561-563 NOTICES Federal Acquisition Regulation (FAR): Federal Energy Regulatory Commission Agency information collection activities— Proposed collection: comment request, 473 NOTICES Environmental statements; availability, etc.: Submission for OMB review; comment request, 472- California Department of Water Resources; Feather River 473 Hydroelectric Project, 478 Health and Human Services Department New docket prefix IC establishment, 478-479 See Food and Drug Administration Applications, hearings, determinations, etc.: See Health Care Financing Administration High Island Offshore System, 476 See Substance Abuse and Mental Health Services National Fuel Gas Supply Corp., 476-477 Administration Sierra Pacific Power Co., 477 Southern California Edison Co., 477 Health Care Financing Administration * U-T Offshore System, 477—478 NOTICES Williams Natural Gas Co., 478 Senior Executive Service: Performance Review Board; membership, 566 Federal Maritime Commission NOTICES Hearings and Appeals Office, Energy Department Agreements filed, etc., 563 NOTICES Cases filed, 479-483 Federal Reserve System Indian Affairs Bureau NOTICES Banks and bank holding companies: NOTICES Tribal-State Compacts approval: Class III (casino) gambling; Change in bank control, 563 Pyramid Lake Paiute Tribe, NV, 573 ‘ Formations, acquisitions, and mergers, 563-564 Meetings; Sunshine Act, 564 Interior Department See Fish and Wildlife Service Federal Trade Commission See Indian Affairs Bureau PROPOSED RULES See Land Management Bureau Textile Fiber Products Identification Act: See Surface Mining Reclamation and Enforcement Office Fluoropolymer, 447-449 Melamine: new fiber name and identification, 449—451 Internal Revenue Service RULES Federal Transit Administration Income taxes: Reorganizations; nonqualified preferred stock, 411—412 RULES Prohibited drug use and alcohol misuse prevention in Reorganizations: receipt of rights to acquire corporation transit operations: securities, 409-410 Random drug and alcohol drug testing rates, 418-419 PROPOSED RULES Income taxes; Reorganizations: nonqualified preferred stock; cross- Fish and Wildlife Service reference, 453-454 NOTICES Endangered and threatened species permit applications, International Trade Commission 570-571 NOTICES Marine mammal permit applications, 571-572 Meetings; Sunshine Act, 573 Marine mammals: Incidental taking; authorization letters, etc.— Justice Department Oil and gas industry activities: polar bears, 572-573 See Drug Enforcement Administration Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Contents V Labor Department Nuclear Regulatory Commission See Employment and Training Administration NOTICES See Occupational Safety and Health Administration Applications, hearings, determinations, etc.: See Mine Safety and Health Administration Consumers Energy Co., 580-581 Land Management Bureau Occupational Safety and Health Administration NOTICES NOTICES Environmental statements; availability, etc.: Variance applications, etc.: Golden Valley Electric Association Northern Intertie Dixie Divers, Inc., 579 Project: AK, 573 Per^nnel Management Office Mine Safety and Health Administration . . PROPOSED RULES PROPOSED RULES Health beneHts; Federal employees: Coal and metal and nonmetal mine safety cmd health: Minimum salary requirement removed, 446 Occupational noise exposure-- NOTICES Miners and miners’ representatives; right to observe Meetings: required operator monitoring, etc.; correction National Partnerhip Council, 581-582 [Editorial Note: The listing for this document, published in the Federal Register of January 5, Presidential Documents 1998 (63 FR 290), was inadvertently omitted from ADMINISTRATIVE ORDERS that issue’s Table of Contents.) Libya; continuation of emergency (Notice of January 2, 1998), 653 National Aeronautics and Space Administration Agricultural Marketing Service RULES Federal Acquisition Regulation (FAR): RULES Preaward survey of prospective contractor: quality Tart cherries grown in Michigan et al., 399—406 assurance Correction, 648 Public Health Service PROPOSED RULES See Food and Drug Administration Federal Acquisition Regulation (FAR): See Substance Abuse and Mental Health Services Contractor purchasing system review exclusions, 649 Administration NOTICES Federal Acquisition Regulation (FAR): Rural Housing Service Agency information collection activities— NOTICES Proposed collection: comment request, 473 Agency information collection activities: Submission for 0MB review; comment request, 472- Proposed collection; comment request, 468—469 473 Securities and Exchange Commission National Oceanic and Atmospheric Administration PROPOSED RULES RULES Federal regulatory review: Fishery conservation and management: Rules list and comment request, 451-453 Caribbean, Gulf, and South Atlantic fisheries— NOTICES Gulf of Mexico reef fish and red snapper, 443-444 Agency information collection activities: Fisheries of the Northeastern United States— Proposed collection; comment request, 582-583 Summer flounder, scup and black sea bass, 444—445 Investment Companies Act of 1940; Magnuson Act provisions, 419—443 Deregistration applications— PROPOSED RULES Lexington Tax Free Money Fund, Inc., et al., 583-584 Fishery conservation and management: Self-regulatory organizations; proposed rule changes: Northeastern United States fisheries— Chicago Stock Exchange, Inc., 584 New England Fishery Management Council; meetings, Municipal Securities Rulemaking Board, 585-586' 466-467 National Association of Securities Dealers, Inc., 586-595 NOTICES Applications, hearings, determinations, etc.: Agency information collection activities: I^blic utility holding company filings, 583 Proposed collection; comment request, 470-471 Permits: Sentencing Commission, United States Marine mammals, 471-472 See United States Sentencing Commission National Transportation Safety Board Southwestern Power Administration NOTICES NOTICES Meetings; Sunshine Act, 579-580 Electric power marketing: Open access transmission service tariff; final, 483-521 Natural Resources Conservation Service PROPOSED RULES Substance Abuse and Mental Health Services Technical assistance: Administration State Technical Committees; membership and role NOTICES expansion Grants and cooperative agreements; availability, etc.: Comment period extension, 446—447 Funding opportunities FY 1998, 566-570 fp- VI Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Contents Surface Mining Reclamation and Enforcement Office Western Area Power Administration PROPOSED RULES NOTICES Pemianent program and abandoned mine land reclamation Electric power marketing: plan submissions: Open access transmission service tariff: final, 521-559 Oklahoma, 454—456 Separate Parts In This Issue Transportation Department See Coast Guard Part II See Federal Aviation Administration United States Sentencing Commission, 602-635 See Federal Transit Administration NOTICES Aviation proceedings: Part III Agreements filed; weekly receipts, 595 Department of Education, 638 • Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 595 Part IV Environmental Protection Agency, 640-645 Treasury Department Part V See Alcohol, Tobacco and Firearms Bureau Department of Defense, General Services Administration, See Internal Revenue Service National Aeronautics and Space Administration, 648- 649 United States Information Agency Part VI NOTICES Art objects; importation for exhibition: The President, 653 The Invisible Made Visible: Angels in the Vatican, 599 Reader Aids United States Sentencing Commission Additional information, including a list of telephone NOTICES numbers, finding aids, reminders, and a list of Public Laws Sentencing guidelines and policy statements for Federal appears in the Reader Aids section at the end of this issue. courts, 602-635 Veterans Affairs Department Electronic Bulletin Board RULES Free Electronic Bulletin Board service for Public Law Adjudication; pensions, compensation, dependency, etc.: numbers. Federal Register finding aids, and a list of Active military certification; eligibility, 413 documents on public inspection is available on 202-275- Minimum income annuity, 412—413 1538 or 275-0920. Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Contents VII 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. 3 CFR Administrative Orders: Notice of January 2, 1998 .653 5 CFR Proposed Rules: 890.446 . 7 CFR 930. 399 Proposed Rules: 610.446 9 CFR 94.406 96.406 16 CFR Proposed Rules: 303 (2 documents).447, 449 17 CFR Proposed Rules: Ch. II.451 21 CFR 510.408 520.408 558. 408 26 CFR 1 (2 documents).409, 411 Proposed Rules: 1. 453 30 CFR Proposed Rules: 936.454 38 CFR 3 (2 documents).412, 413 40 CFR . 51 .414 52 (3 documents).414, 415 60 .414 61 .414 68....„.!.640 180(2 documents).416, 417 Proposed Rules: 52 .456 47 CFR Proposed Rules: 1.460 48 CFR 53 .648 1535.418 1552.418 Proposed Rules: 44. 649 49 CFR 653 . 418 654 .418 50 CFR 600.419 622.443 648.444 660.419 Proposed Rules: 648.466