Federal Register 2000-01-04: Vol 65 Iss 2

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II Federal Register/Vol. 65, No. 2/Tuesday, January 4, 2000
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III
Contents
Federal Register
Vol. 65, No. 2
Tuesday, January 4, 2000
Agriculture Department Boeing, 250-251
See Food Safety and Inspection Service Fokker, 251-254
NOTICES
Children and Families Administration Passenger facility charges; applications, etc.:
NOTICES Metropolitan Oakland International Airport, CA, 316
Agency information collection activities; Technical standard orders:
Submission for OMB review; comment request, 301 Aerospace fuel, engine oil, and hydraulic fluid hose
assemblies; minimum performance and fire
Civil Rights Commission resistance standards, 316-317
NOTICES
Meetings; State advisory committees:
Federal Communications Commission
South Carolina, 279
RULES
Coast Guard Radio stations; table of assignments:
Mississippi, 219-220
NOTICES
Freedom of Information Act; implementation: Wisconsin and Michigan, 220
Vessel response plan information release on Internet; PROPOSED RULES
decision, 314-316 Radio stations; table of assignments:
New York, 270
Commerce Department NOTICES
See International Trade Administration Agency information collection activities:
See National Institute of Standards and Technology Reporting and recordkeeping requirements, 298-300
See National Ocecmic and Atmospheric Administration Television broadcasting:
Blanco,TX; auction filing window for new television
Community Development Financial Institutions Fund station (Channel 52), 300
NOTICES
Grants and cooperative agreements; availability, etc.: Federal Housing Finance Board
Community Development Financial Institutions Program,
RULES
341-344 Affordable housing program operation:
Program requirements clarification, 203-204
Consumer Product Safety Commission
Federal home loan bank system:
NOTICES Advances to nonmembers; technical amendment;
Agency information collection activities:
reporting and recordkeeping requirements, 202-203
Proposed collection; comment request, 290-291
PROPOSED RULES
Organization, functions, and authority delegations:
Customs Service
Finance Office; issuance of consolidated obligations on
NOTICES which Federal home loan banks are jointly and
Agency information collection activities:
severally liable, 323-338
Proposed collection; comment request, 320-322
NOTICES
Federal home loan bank system:
Defense Department
Financial management policy: changes, 339-340
NOTICES
Meetings:
Nuclear Weapons Surety Joint Advisory Committee, 291 Federal Reserve System
Privacy Act: NOTICES
Systems of records, 291-298 Banks and bank holding companies:
Formations, acquisitions, and mergers, 300
Energy Department Permissible nonbanking activities, 300-301
NOTICES Meetings; Sunshine Act, 301
Reports and guidance documents; availability, etc.:
Power Outage Study Team findings from summer 1999; Food and Drug Administration
workshops, 298
PROPOSED RULES
Human drugs:
Federal Aviation Administration
Drug products discontinued from sale for reasons of
RULES safety or effectiveness; list, 256-258
Airworthiness directives:
Airbus, 204-205, 211-215
Boeing, 205-207 Food Safety and Inspection Service
British Aerospace, 207-209 RULES
Saab, 209-211 Meat and poultry inspections:
PROPOSED RULES Inspection services—
Airworthiness directives: Retail operations exemption from requirements, 201-
Airbus, 254-256 202
IV Federal Register/Vol. 65, No. 2/Tuesday, January 4, 2000/Contents
Geological Survey Minerals Management Service
NOTICES RULES
Grants and cooperative agreements; availability, etc.: Outer Continental Shelf; oil, gas, and sulphur operations:
Federal Geographic Data Committee; National Spatial Documents incorporated by reference; update, 217-219
Data Infrastructure Cooperative Agreements Program,
305-306 National Institute of Standards and Technology
Reports and guidance documents; availability, etc.;
NOTICES
Federal-State Cooperative Water Program; external task National Fire Codes:
force review, 306-307 Fire safety codes and standards, 285-287
Technical committee reports, 287-289
Health and Human Services Department
See Children and Families Administration
National Institutes of Health
See Food and Drug Administration
NOTICES
See National Institutes of Health
Grants and cooperative agreements; availability, etc.:
National Institute on Dental and Craniofacial Research—
Interior Department
Centers for research to reduce oral health disparities;
See Geological Survey
regional workshops, 301-302
See Land Management Bureau
Inventions, Government-owned; availability for licensing,
See Minerals Management Service
302-303
Internal Revenue Service Meetings:
National Cancer Institute, 303
RULES
Procedure and administration: National Eye Institute, 303
Agriculture Department; return information disclosures National Institute of Allergy and Infectious Diseases,
for statistical purposes and related activities, 215- 304-305
217 National Institute of Mental Health, 304
PROPOSED RULES National Institute on Drug Abuse, 304
Income taxes: Warren Grant Magnuson Clinical Center Board of
Credit for increasing research activities, 258-263 Governors, 305
Procedure and administration:
Agriculture Department; return information disclosures National Oceanic and Atmospheric Administration
for statistical purposes and related activities; cross RULES
reference, 263-264 Fishery conservation and management:
Magnuson-Stevens Act provisions—
International Trade Administration Pacific Coast groundfish; annual specifications and
NOTICES management measures, 221-249
Antidumping:
PROPOSED RULES
Brass sheet and strip from— Fishery conservation and management:
Canada, 279-280 Northeastern United States fisheries—
Elemental sulphur from— Atlantic surf clams, ocean quahogs, and Maine
Canada, 280 mahogany quahogs; fishing quotas, 275-278
Oil country tubular goods from— International fisheries regulations:
Korea, 280—281 Pacific halibut—
Porcelain-on-steel cooking ware from— Catch sharing plan, 272-275
Mexico, 281-283 Marine mammals:
Pure magnesium from— North Atlantic whale protection; whale watching vessels;
China, 283-284 operational procedures, 270-272
Countervailing duties:
NOTICES
Porcelain-on-steel cooking ware from— Permits:
Mexico, 284-285 Marine mammals, 289-290
Applications, hearings, determinations, etc.:
Ames Laboratory, Energy Department, 284 Nuclear Regulatory Commission
NOTICES
International Trade Commission
Meetings:
NOTICES Decommissioning standards review plan; workshop;
Meetings; Sunshine Act, 307
correction, 309-310
Applications, hearings, determinations, etc.:
Land Management Bureau
International Uranium (USA) Corp., 308-309
NOTICES
Environmental statements; availability, etc.:
Pinedale Anticline Natural Gas Exploration and Postal Service
Development Project, WY, 307 PROPOSED RULES
Organization, functions, and authority delegations: Domestic Mail Manual:
Nevada State Office Public Room; change in business Palletized standard mail and bound printed matter, etc.;
hours, 307 preparation changes, 264-270
Medicare Payment Advisory Commission Public Health Service
NOTICES See Food and Drug Administration
Meetings, 307-308 See National Institutes of Health
Federal Register/Vol. 65, No. 2/Tuesday, January 4, 2000/Contents V
Research and Special Programs Administration See Research and Special Programs Administration
NOTICES See Surface Transportation Board
Agency information collection activities: RULES
Submission for OMB review; comment request, 317-318 Organization, functions, and authority delegations:
Federal Motor Carrier Safety Administration;
Securities and Exchange Commission establishment, 220-221
NOTICES
Agency information collection activities: Treasury Department
Proposed collection; comment request, 310-311 See Community Development Financial Institutions Fund
Self-regulatory organizations; proposed rule changes: See Customs Service
International Securities Clearing Corp., 311 See Internal Revenue Service
National Securities Clearing Corp., 311-312
New York Stock Exchange, Inc., 312-313
Separate Parts In This issue
Small Business Administration
NOTICES Part II
License surrenders:
Federal Housing Finance Board , 323-340
Business Achievement Corp., 313
Part III
Surface Transportation Board
Community Development Financial Institutions Fund, 341-
NOTICES
344
Railroad operation, acquisition, construction, etc.:
Canadian National Railway Co. et al., 318-319
CSX Corp. et al., 319-320
Reader Aids
Transportation Department Consult the Reader Aids section at the end of this issue for
See Coast Guard phone numbers, online resources, finding aids, reminders,
See Federal Aviation Administration and notice of recently enacted public laws.
VI Federal Register / Vol. 65, No. 2/.Tuesday, January 4, 2000 / 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.
9 CFR
303. .201
381. .201
12 CFR
935. .202
960. .203
Proposed Rules:
900. .324
910. .324
941. .324
14 CFR
39 (6 documents).204,
205,207,209,211,213
Proposed Rules:
39 (3 documents).250,
251,254
21 CFR
Proposed Rules:
216.256
26 CFR
301.215
Proposed Rules:
1.258
301.263
30 CFR
250.217
39 CFR
Proposed Rules:
111.264
47 CFR
73 (2 documents).219,
220
Proposed Rules:
73.270
49 CFR
1.220
50 CFR
600.221
660 .221
Proposed Rules:
216.270
222 .270
300.272
648 .275
201
Rules and Regulations
Federal Register
Vol. 65, No. 2
Tuesday, January 4, 2000
This section of the FEDERAL REGISTER ADDRESSES: Submit one original and inspection requirements do not apply to
contains regulatory documents having general two copies of written comments to FSIS retail operations.
applicability and legal effect, most of which Docket Clerk, Docket No. 99—055R, U.S. A recent FSIS notice advised the
are keyed to and codified in the Code of Department of Agriculture, Food Safety public that the Agency is reviewing its
Federal Regulations, which is published under and Inspection Service, Room 102, regulations on the exemption of retail
50 titles pursuant to 44 U.S.C. 1510.
Cotton Aimex, 300 12th Street, SW, operations from requirements for
The Code of Federal Regulations is sold by Washington, DC 20250-3700. All inspection under the FMIA or the PPIA
the Superintendent of Documents. Prices of comments submitted will be available (64 FR 55694, October 14,1999). The
new books are listed in the first FEDERAL for public inspection in the Docket notice advised that the Agency intends
REGISTER issue of each week. Clerk’s office between 8:30 a.m. and to initiate notice-and-comment
4:30 p.m., Monday through Friday. rulemaking on the application of
SUPPLEMENTARY INFORMATION: The Food inspection requirements and on
DEPARTMENT OF AGRICULTURE Safety and Inspection Service (FSIS) handling conditions necessary to ensure
administers a regulatory program under that products delivered to consiuners
Food Safety and Inspection Service
the Federal Meat Inspection Act (FMIA) are not adulterated or misbranded (see
9 CFR Parts 303 and 381 (21 U.S.C. 601 et seq.) and the Poultry 21 U.S.C. 454, 455, 463(a), 464, 603
Products Inspection Act (PPIA) (21 through 606, 623, 624, and 661). As part
[Docket No. 99-055R] U.S.C. 451 et seq.) that is designed to of this review, the Agency has
protect the health and welfare of reevaluated USDA’s historical treatment
Exemption of Retail Operations from consumers by preventing the of products that simply pass through an
Inspection Requirements distribution of products that are establishment without any processing or
unwholesome, adulterated, or handling {e.g., unwrapping or
agency: Food Safety and Inspection misbranded. Both the FMIA and the rewrapping) other than storage and
Service, USDA.
PPIA include requirements for federal activities, such as the unloading of
ACTION: Interim final interpretative rule inspection, and they prohibit selling or vehicles, that are incidental to storage.
with an opportunity for comment. transporting, offering for sale or The FMIA defines “prepared” as
transportation, or receiving for “slaughtered, canned, salted, rendered,
SUMMARY: The Food Safety and transportation, in commerce, products boned, cut up, or otherwise
Inspection Service is advising interested
that are adulterated or misbranded and manufactured or processed” (21 U.S.C.
persons that, in determining whether an
products that are required to be 601(1)), and for purposes of the PPIA,
establishment is a retail store or
inspected, unless they have been “processed” means slaughtered, canned,
restaurant or a similar retail-type
inspected and passed (21 U.S.C. s^ted, stuffed, rendered, boned, cut up,
establishment that is exempt from
458(a)(2) and 610(c)). Intrastate or otherwise manufactured or
requirements for inspection under the
operations and transactions are processed” (21 U.S.C. 453(w)). The
Federal Meat Inspection Act or the
effectively subject to the same statutory provisions that require the
Poultry Products Inspection Act, the
requirements and prohibitions, pursuant inspection of slaughter and product
Agency will not consider sales of
to a State inspection program or preparation or processing (21 U.S.C. 455
products that simply “pass through” the
designation for feder^ inspection (21 and 603 through 606) do not require the
establishment without any processing or
U.S.C. 454(c)(1) and 661(c)(1)). inspection of storage and related
handling other than storage and
Both the FMIA and the PPIA provide activities. Other statutory provisions
activities incidental to storage. The
that the statutory provisions requiring apply to businesses that involve product
effect of this interpretation is to exclude
inspection of the slaughter of livestock s^es cmd storage, such as warehouses
the value of those products in deciding
or poultry and the preparation or (see, e.g., 21 U.S.C. 460(b)(2) and (e),
whether, under the Agency’s
processing of products thereof do not 463(a), 624, 642(a)(2), and 645).
regulations, sales to hotels, restaurants,
apply to “operations of types Because products that simply “pass
and similar institutions disqualify the
traditionally and usually conducted at through” an establishment do not
establishment from exemption as a retail
retail stores and restaurants, when undergo any processing or handling
store. The Agency is providing an
conducted at any retail store or other than storage and activities
opportunity to comment on its
restamant or similar retail-type incidental to storage, sales of these
interpretation in advance of upcoming
establishment for sale in normal retail products should not be considered in
rulemaking on the exemption of retail
quantities or service * * * to determining whether an establishment’s
operations from inspection
consumers at such establishments if operations are exempt from
requirements.
such establishments are subject to such requirements for Federal or state
FOR FURTHER INFORMATION CONTACT: inspection provisions only under this inspection. Ciurently, this question can
Philip Derfler, Deputy Administrator, paragraph” (i.e., establishments that are arise when a store that otherwise meets
Office of Policy, Program Development subject to federal inspection because the requirements for exemption under
and Evaluation, Food Safety and they are located in designated States § 303.1(d)(2) or § 381.10(d)(2) has sales
Inspection Service, Washington, DC and territories) (21 U.S.C. 454(c)(2) and to hotels, restaurants, or similar
20250-3700; [phone]. 661(c)(2)). In § 303.1(d) and § 381.10(d), institutions. Under the regulations
DATES: This interpretative rule is respectively (9 CFR 303.1(d) and (pcu-agraphs (d)(2)(iii)(6) and (d)(2)(vi) of
effective January 4, 2000. Comments 381.10(d)), FSIS addresses the §§ 303.1 and 381.10), sales of meat or
may be submitted by February 3, 2000. conditions under which Federal or state poultry products to hotels, restaurants.
202 Federal Register/Vol. 65, No. 2/Tuesday, January 4, 2000/Rules and Regulations
and similar institutions do not would have codified rules for applying more diverse audience. For more
disqualify an establishment from the exclusion (40 FR 15906). information and to be added to the
exemption as a retail store so long as The basis for FSIS’s action today is constituent fax list, fax yom request to
they do not exceed either of two different, as explained above. In fact, the Congressional and Public Affairs
maximum limits: 25 percent of the FSIS views the “traditionally and Office, at [phone].
dollar value of total product sales and usually” criterion in the retail
Done at Washington, DC, on: December 27,
the total calendar year dollar limitation. operations exemption (21 U.S.C.
1999.
(The Administrator adjusts the dollar 454(c)(2) and 661(c)(2)) as only
Thomas J. Billy,
limitation, which currently is $41,000 restricting the types of preparation or
under the FMIA and $39,000 under the processing operations—those “types Administrator.
PPIA (63 FR 41540, August 4, 1998), traditionally and usually conducted at [FR Doc. 00-44 Filed 1-3-00; 8:45 am]
when the Consumer Price Index retail stores and restaurants”—that an BILLING CODE 3410-DM-P
indicates a change of more than $500 in establishment may conduct. This is not
the price of the same volume of the issue here. Other criteria in the
product.) FSIS applies these limits statutory exemption address the product FEDERAL HOUSING FINANCE BOARD
when it investigates complaints alleging sales aspects of retail operations.
that retail stores claiming exemption FSIS does recognize that the views of 12CFR Part 935
under § 303.1(d) or § 381.10(d) have various members of the public may [No. 99-69]
been operating in violation of the differ on the circumstances under which
conditions prescribed in the regulations products should be treated as “passing RIN 3069-AA91
(see paragraph (d)(3) of §§ 303.1 and through” an establishment. Therefore, it
Information Collection Approval;
381.10). is providing the public with an
Technical Amendment to Advances to
Because FSIS’s conclusion rests on its opportunity to submit comments for
Nonmembers Rule
views about the scope of the FMIA and consideration by the Agency during
PPIA requirements for inspection (21 development of its proposed rule on the agency: Federal Housing Finance
U.S.C. 455 and 603 through 606), the exemption of retail operations from Board.
Agency has decided that it should begin inspection requirements. Pending any ACTION: Final Rule.
applying its interpretation now with changes in the regulations as a result of
respect to sales of products that clearly further rulemaking, the Agency will summary: Under the Paperwork
have not undergone any processing or address questions about particular Reduction Act of 1995 (Act), the Office
handling other than storage and products on a case-by-case basis. of Management and Budget (OMB) has
activities incidental to storage, rather Additional Public Notification approved a three-year extension of the
than waiting until the cmticipated information collection contained in the
rulemaking on the exemption FSIS has considered the potential Federal Housing Finance Board
regulations. The effect of this civil rights impact of this interpretative (Finance Board) regulation governing
interpretative rule is to exclude the rule on minorities, women, and persons Federal Home Loan Bank advances to
value of products such as properly with disabilities. Public involvement in nonmembers. The OMB control number
labeled packages of bacon and cans of ail segments of rulemaking and policy approving the information collection
poultry stew that “pass through” an development is important. now expires on November 30, 2002. In
establishment in deciding whether sales Consequently, in an effort to better accordance with the requirements of the
to hotels, restaurants, and similar ensure that minorities, women, and Act, the Finance Board is amending the
institutions exceed either of the two persons with disabilities are aware of advances to nonmembers rule to reflect
maximum limits. Future calculations of this interpretative rule and are informed this new expiration date.
the total dollar value of an about the mechanism for providing
establishment’s sales to hotels, comments, FSIS will announce it and EFFECTIVE DATE: The final rule will
become effective on January 4, 2000.
restamants, and similar institutions and provide copies of this Federal Register
the proportion of its total product sales publication in the FSIS Constituent FOR FURTHER INFORMATION CONTACT:
that institutional sales represent will not Update. Jonathem F. Curtis, Senior Financial
include the value of products so FSIS provides a weekly FSIS Analyst, Policy Development and
identified. Constituent Update, which is Analysis Division, Office of Policy,
Not counting sales of products that communicated via fax to over 300 Research and Analysis, by telephone at
clearly “pass through” an establishment organizations and individuals. In 202/408-2866, by electronic mail at
without undergoing any processing or addition, the update is available on line [email protected], or by regular mail at
handling other than storage and through the FSIS web page located at the Federal Housing Finance Board,
activities incidental to storage http://www.fsis.usda.gov. The update is 1777 F Street, N.W., Washington, D.C.
essentially returns FSIS to USDA’s used to provide information regarding 20006.
practice during the early years of the FSIS policies, procedures, regulations. SUPPLEMENTARY INFORMATION:
retail exemption regulations. However, Federal Register notices, FSIS public
I. Background
USDA then based the practice on a meetings, recalls, and any other types of
decision that these sales were information that could affect or would In order to extend the expiration date
traditional and usual for retail stores. be of interest to our constituents/ of the OMB control number approving
That decision was challenged in 1975, stakeholders. The constituent fax list the information collection contained in
and in January 1976, when commenters consists of industry, trade, and farm its advances to nonmembers rule, the
did not provide “evidence to support a groups, consumer interest groups, allied Finance Board published requests for
conclusion that such sales of health professionals, scientific public comments regarding the
prepackaged inspected products to professionals, and other individuals that information collection in the Federal
nonhousehold consumers had been a have requested to be included. Through Register on June 16 and October 5,
traditional and usual retail operation,” these various channels, FSIS is able to 1999. See 64 FR 32235 (June 16, 1999)
USDA withdrew a proposed rule that provide information to a much broader. and 64 FR 54021 (Oct. 5, 1999). The