Table Of Content

United States PERIODICALS Government Postage and Fees Paid Printing Office U.S. Government Printing Office SUPERINTENDENT (ISSN 0097-6326) OF DOCUMENTS Washington, DC 20402 OFFICIAL BUSINESS Penalty for Private Use, S300 1 25-00 Tuesday - Vol. 65 No. 16 Jan. 25, 2000 Pages 3781-4094 1 i Contents Federal Register Vol. 65, No. 16 Tuesday, lanuary 25, 2000 Agency for International Development NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Meetings: 2001 Future Energy Challenge; low-cost prototype Malaria Vaccine Development Program Federal Advisory inverters, 3951-3952 Committee, 3937 Environmental Protection Agency Agriculture Department RULES See Federal Crop Insurance Corporation Pesticides; tolerances in food, animal feeds, and raw See Foreign Agricultural Service agricultural commodities: See Forest Service Bifenthrin, 3860-3866 Antitrust Division PROPOSED RULES Air pollutants, hazardous; national emission standards: NOTICES Pulp and paper production, 3907-3936 Competitive impact statements and proposed consent NOTICES judgments: Agency information collection activities: Baroid Corp. et al., 3977 Submission for OMB review; comment request, 3957- Children and Families Administration 3959 Meetings: RULES Foster care maintenance payments, adoption assistance, Scientific Counselors Board Executive Committee, 3959- and child and family services: 3960 Title IV-E foster care eligibility reviews and child and Toxic and hazardous substances control: family services State plan reviews, 4019-4093 Lead-based paint activities in target housing and child- NOTICES occupied facilities; State and Indian Tribe Agency information collection activities: authorization applications— Proposed collection; comment request, 3963-3964 Cherokee Nation, 3960-3962 Commerce Department Farm Credit Administration See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings; Sunshine Act, 3962 Customs Service Federai Aviation Administration RULES Drawback: RULES False drawback claims; penalties, 3803-3812 Airworthiness directives: NOTICES Airbus, 3799-3801 Customs bonds: Boeing, 3801-3803 Authorized facsimile signatures and seals; approval to Eurocopter Deutschland GMBH, 3796-3798 use, 4016-4017 McDonnell Douglas, 3794-3796 Short Brothers, 3798-3799 Defense Department NOTICES Federal Crop Insurance Corporation Comprehensive small business subcontracting plans RULES negotiation; test program, 3942-3944 Administrative regulations: Reinsurance agreement; standards for approval; Education Department regulations for 1997 and subsequent reinsurance NOTICES years, 3781-3782 Agency information collection activities: Crop insmance regulations; Proposed collection; comment request, 3944-3945 Forage production crop and forage seeding crop, 3782- Submission for OMB review; comment request, 3945— 3785 3946 Grants and cooperative agreements; availability, etc.: Developing Hispanic-Serving Institutions Program, 3946- Federal Election Commission 3948 NOTICES Elementary and secondary education— Meetings; Sunshine Act, 3962 Safe and Drug-Free Schools and Communities National Programs, 3948-3950 Federal Energy Regulatory Commission Postsecondary education: NOTICES National Direct and Federal Perkins Student Loan Electric rate and corporate regulation filings: Programs; Directory of Designated Low-Income Cajun Electric Power Cooperative, Inc., et al., 3953-3955 Schools; teacher cancellation benefits; availability, Hydroelectric applications, 3955-3956 3950-3951 Meetings; Sunshine Act, 3956-3957 Applications, hearings, determinations, etc.: Energy Department Kem River Gas Transmission Co., 3953 See Federal Energy Regulatory Commission Southwest Power Pool, Inc., 3953 IV Federal Register/Vol. 65, No. 16/Tuesday, January 25, 2000/Contents Federal Highway Administration PROPOSED RULES Income taxes: NOTICES Environmental statements; notice of intent: Partnerships; applying section 197 to amortization of Jefferson, Clear Creek, Summit, Eagle, and Garfield intangible property, 3903-3907 Counties, CO, 4014-4015 Merced County, CA, 4015—4016 biternationai Trade Administration NOTICES Federal Reserve System Overseas trade missions: 2000 trade missions— RULES Bank holding companies and change in hank control Private sector participants recruitment and selection (Regulation Y): (February-August), 3941-3942 Financial holding company requirements, 3785-3794 Justice Department NOTICES Banks and bank holding companies: See Antitrust Division Change in bank control, 3962-3963 NOTICES Formations, acquisitions, and mergers, 3963 Pollution control; consent judgments: Permissible nonbanking activities, 3963 Atkemix Thirty-Seven, Inc., et al., 3975 Intalco Aluminum Corp., 3915-3976 Fish and Wildlife Service Jupiter Oil Corp. et al., 3976 RULES Production Plated Plastics, Inc., et al., 3976-3977 Endangered and threatened species: Rough popcornflower, 3866—3875 Labor Department Willamette daisy. Fender’s blue butterfly, and Kincaid’s See Occupational Safety and Health Administration lupine, 3875-3890 Land Management Bureau NOTICES Endangered and threatened species: NOTICES Endangered species conservation; habitat role Agency information collection activities: clarification; workshops, 3972 Proposed collection; comment request, 3973-3975 Recovery plans— Recreation management restrictions, etc.: Morro Bay kangaroo rat, 3973 Scratchgravel Hills, Helena, MT; firearms, fireworks, and Marine mammal permit applications: fires; prohibitions, 3975 Northern sea otters; extension of comment period, 3973 Libraries and Information Science, National Commission Foreign Agricultural Service See National Commission on Libraries tmd Information Science NOTICES Grants and cooperative agreements; availability, etc.: Emerging Markets Program, 3937-3939 Minerals Management Service RULES Forest Service Outer Continental Shelf operations: NOTICES Royalty and offshore minerals management programs; Appealable decisions; legal notice: appeals procedures; technical amendments, 3856- Southwestern Region, 3939-3941 3857 Health and Human Services Department National Aeronautics and Space Administration See Children and Famiaes Administration NOTICES See National Institutes of Health Agency information collection activities: Proposed collection; comment request, 3980 Interior Department See Fish and Wildlife Service Nationai Commission on Libraries and Information See Land Management Bureau Science See Minerals Management Service NOTICES NOTICES Meetings; Sunshine Act, 3980 Environmental statements; notice of intent: Central Utah Project— Nationai Institutes of Heaith Diamond Fork System; action modifications, 3971- NOTICES 3972 Meetings: National Institute of Child Health and Human Internal Revenue Service Development, 3965-3966 RULES National Institute of Neurological Disorders and Stroke, Income taxes: 3965 Intangible property; amortization, 3820-3843 National Institute of Nursing Research, 3965 Passive foreign investment companies— Scientific Review Center, 3966-3967 Marketable stock definition, 3817-3820 Privacy Act: Qualified covered calls; special rules and definitions, Systems of records, 3967-3971 3812-3814 S corporations— National Oceanic and Atmospheric Administration Corporate subsidiaries treatment, 3843-3856 RULES Small Business Job Protection Act of 1996— Fishery conservation and management: Termination of Puerto Rico and possession tax credit; Alaska; fisheries of Exclusive Economic Zone— new lines of business prohibited, 3814-3817 Pollock, 3892-3902 Federal Register/Vol. 65, No. 16/Tuesday, January 25, 2000/Contents V West Coast States and Western Pacific fisheries— State Department Coastal pelagic species, 3890-3892 NOTICES NOTICES Meetings: Meetings; United States-Canada air quality agreement to address Mid-Atlantic Fishery Management Council, 3942 transboundary problem of ground-level ozone; prepeirations for negotiations on annex, 4012-4013 Northeast Dairy Compact Commission Surface Transportation Board NOTICES NOTICES Meetings, 3980 Railroad operation, acquisition, construction, etc.; Kansas City Southern Industries, Inc., et al., 4016 Nuciear Reguiatory Commission Tennessee Valley Authority NOTICES Meetings; Sunshine Act, NOTICES Meetings; Sunshine Act, 4013-4014 Reports and guidance documents; availability, etc.: Staff meetings open to public; policy statement, 3982- Transportation Department 3983 See Federal Aviation Administration Applications, hearings, determinations, etc.: See Federal Highway Administration Sequoyah Fuels Corp., 3980-3981 See Smface Transportation Board NOTICES Occupational Safety and Health Administration Aviation proceedings: Agreements filed; weekly receipts, 4014 NOTICES Agency information collection activities: Certificates of public convenience and necessity and Proposed collection; comment request, 3977-3980 foreign air carrier permits; weekly applications, 4014 Treasury Department Postal Service See Customs Service RULES See Internal Revenue Service Freedom of Information Act; implementation, 3857-3859 Veterans Affairs Department NOTICES Public Health Service Agency information collection activities: See National Institutes of Health Proposed collection; comment request, 4017-4018 Securities and Exchange Commission NOTICES Separate Parts In This Issue Investment Company Act of 1940: Exemption applications— Part II Liberty All-Star Equity Fund et al., 3983-3986 Department of Health and Hiunan Services, Children and Meetings; Sunshine Act, 3986-3987 Families Administration, 4019—4093 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 3987- 4005 Reader Aids New York Stock Exchemge, Inc., 4005-4008 Consult the Reader Aids section at the end of this issue for Pacific Exchange, Inc., 4008-4009 phone numbers, online resources, finding aids, reminders, Philadelphia Stock Exchange, Inc., 4010-4012 and notice of recently enacted public laws. VI Federal Register/Vol. 65, No. 16/Tuesday, January 25, 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. 7 CFR 400.3781 457.3782 12 CFR 225 .3785 14 CFR 39 (5 documents).3794, 3796,3798,3799, 3802 19 CFR 162.3803 171.3803 191.3803 26 CFR 1 (5 documents).3813, 3814,3817,3821,3844 301.3844 602 (2 documents).3821, 3844 Proposed Rules: 1.3903 30 CFR 251.3856 254.3856 282.3856 39 CFR 265.3857 40 CFR 180.3860 Proposed Rules: 63 .3907 45 CFR 1355 .4020 1356 .4020 1357 .4020 50 CFR 17 (2 documents).3867, 3876 3781 Rules and Regulations Federal Register Vol. 65, No. 16 Tuesday, January 25, 2000 This section of the FEDERAL REGISTER Law 104-4, establishes requirements for judicial review of any determination contains regulatory documents having general Federal agencies to assess the effects of made by FCIC may be brought. applicability and legal effect, most of which their regulatory actions on State, local, are keyed to and codified in the Code of and tribal governments and the private Environmental Evaluation Federal Regulations, which is published under sector. This rule contains no Federal This action is not expected to have a 50 titles pursuant to 44 U.S.C. 1510. mandates (under the regulatory significant economic impact on the The Code of Federal Regulations is sold by provisions of title II of UMRA) for State, quality of the human environment, the Superintendent of Documents. Prices of local, and tribal governments or the health, and safety. Therefore, neither an new books are listed in the first FEDERAL private sector. Therefore, this rule is not Environmental Assessment nor an REGISTER issue of each week. subject to the requirements of sections Environmental Impact Statement is 202 and 205 of UMRA. needed. DEPARTMENT OF AGRICULTURE Executive Order 13132 Background The policies contained in this rule do On August 22,1988, FCIC has Federal Crop Insurance Corporation not have any substantial direct effect on implemented a process in cases when it states, on the relationship between the suspects a violation of the provisions of 7 CFR Part 400 national government and the states, or the Standard Reinsurance Agreement on the distribution of power and where it provides the applicable General Administrative Regulations; responsibilities among the various reinsured company with a copy of Reinsurance Agreement—Standards levels of government. Nor does this rule initial findings, allowed the reinsured for Approval; Regulations for the 1997 impose substantial direct compliance company to respond, and then issued a and Subsequent Reinsurance Years costs on state and local governments. final determination. If the reinsured company disputed the final agency: Federal Crop Insurance Therefore, consultation with the states determination, the reinsured company Corporation, USDA. is not required. was required to appeal within 45 days ACTION: Final rule. Regulatory Flexibility Act of receipt of the determination to the SCUoMrpMoArRaYti:o Tnh (eF CFIeCd)e risa lr eCvriospin Ign sthuera nce sigTnhifisic raengtu elcaotinoonm wicil li mnopta hcta voen aa DeOpnu tMy Maya 1n,a1g9e9r 5o,f FFCCIICC .r evised this General Administrative Regulations, substantial number of small entities. appeals process and now when a Subpart-L Reinsurance Agreement— The regulation does not require any reinsured company disputed the final Standards for Approval; Regulations for more action on the part of the small determination it was required to request the 1997 and Subsequent Reinsurance entities than is required on the part of a final agency determination firom the Years. The intended effect of this rule is large entities. Therefore, this action is Director of Compliance. The process also stated that die reinsured company to clarify the time frame in which all determined to be exempt from the “may” request the final agency requests for a final agency provisions of the Regulatory Flexibility determination within 45 days. A determination must be submitted. Act (5 U.S.C. 605), and no Regulatory controversy has arisen with respect to Flexibility Analysis was prepared. EFFECTIVE DATES: This rule is effective whether the 45 day time frame is January 25, 2000. Federal Assistance Program mandatory or permissive. Although FOR FURTHER INFORMATION CONTACT: This program is listed in the Catalog FCIC has always treated the 45 day time Heyward Baker, Director, Reinsurance of Federal Domestic Assistance under frame as mandatory under both the old Services Division, telephone (202) 720- No. 10.450. and new process, and the reinsured 4232. companies have routinely complied Executive Order 12372 with this requirement, FCIC is revising SUPPLEMENTARY INFORMATION: This program is not subject to the the language to make it clear that the 45 Executive Order 12866 provisions of Executive Order 12372 day time frame is a mandatory This rule has been determined to be which require intergovernmental requirement. exempt for the purposes of Executive consultation with State and local FCIC is also revising the section to Order 12866 and, therefore, has not officials. See the Notice related to 7 CFR have all requests for a final agency been reviewed by the Office of part 3015, subpart V, published at 48 FR determination be submitted to the Management and Budget (OMB). 29115, June 24, 1983. Deputy Administrator for Insurance Services or the Deputy Administrator Paperwork Reduction Act of 1995 Executive Order 12988 for Compliance to be in conformance It has been determined by OMB that This rule has been reviewed in with the renaming of titles in the recent this rule is exempt from the information accordance with Executive Order 12988 reorganization. collection requirement contained under on civil justice reform. The provisions The changes in this rule do not the Paperwork Reduction Act of 1995 of this rule will not have a retroactive change current requirements as (44 U.S.C. chapter 35). effect. The provisions of this rule will understood by the reinsured companies preempt State and local laws to the and FCIC. This rule is merely Unfunded Mandates Reform Act of extent such State emd local laws are interpretative and, therefore, exempt 1995 inconsistent herewith. The from the requirements for notice and Title II of the Unfunded Mandates administrative appeal provisions must comment and the 30 day delay in the Reform Act of 1995 (UMRA), Public be exhausted before any action for effectiveness of this rule. 3782 Federal Register/Vol. 65, No. 16/Tuesday, January 25, 2000/Rules and Regulations List of Subjects in 7 CFR Part 400 The company, if it disputes the Paperwork Reduction Act of 1995 Corporation’s determination, must Administrative practice and Pursuant to the Paperwork Reduction request a reconsideration of that procedures, Claims, Crop insurance, Act of 1995 (44 U.S.C. chapter 35), the Penalties. determination in writing, within 45 collections of information in this rule days of the receipt of the determination. have been approved by the Office of Final Rule The determinations of the Deputy Management and Budget (OMB) under Accordingly, as set forth in the Administrator will be final and binding control number 0563-0053 through preamble, the Federal Crop Insurance on the company. Such determinations April 30, 2001. will not be appealable to the Board of Corporation hereby amends 7 CFR part Contract Appeals. Unfunded Mandates Reform Act of 1995 400 as follows: (d) Appealable final administrative Title II of the Unfunded Mandates PART 400—GENERAL determinations of the Corporation under Reform Act of 1995 (UMRA) establishes ADMINISTRATIVE REGULATIONS paragraph (a) or (b) of this section may requirements for Federal agencies to be appealed to the Board of Contract assess the effects of their regulatory 1. The authority citation for 7 CFR Appeals in accordance with the actions on State, local, and tribal part 400 continues to read as follows: provisions of subtitle A, part 24 of title governments and the private sector. Authority: 7 U.S.C. 1506(1), 1506(p). 7 of the Code of Federal Regulations. This rule contains no Federal mandates (under the regulatory provisions of title 2. Section 400.169 is revised to read Signed in Washington, D.C., on January 18, II of the UMRA) for State, local, and as follows: 2000. tribal governments or the private sector. Kenneth D. Ackerman, §400.169 Disputes. Therefore, this rule is not subject to the Manager, Federal Crop Insurance (a) If the company believes that the Corporation. requirements of sections 202 and 205 of Corporation has taken an action that is the UMRA. [FR Doc. 00-1702 Filed 1-24-00; 8:45am] not in accordance with the provisions of Executive Order 13132 the Standard Reinsurance Agreement or BILLING CODE 3410-O8-P The policies contained in this rule do any reinsurance agreement with FCIC, not have any substantial direct effect on except compliance issues, it may DEPARTMENT OF AGRICULTURE states, on the relationship between the request the Deputy Administrator of national government and the states, or Insurance Services to make a final Federal Crop Insurance Corporation on the distribution of power and administrative determination addressing responsibilities among the various the disputed action. The Deputy 7 CFR Part 457 levels of government. Nor does this rule Administrator of Insurance Services will render the final administrative Common Crop Insurance Regulations; impose substantial direct compliance determination of the Corporation with Forage Production Crop Provisions; costs on state and local governments. respect to the applicable actions. All and Forage Seeding Crop Provisions Therefore, consultation with the states is not required. requests for a final administrative determination must be in writing and agency: Federal Crop Insurance Regulatory Flexibility Act submitted within 45 days after receipt Corporation, USDA. This regulation will not have a after the disputed action. ACTION: Final rule. significant economic impact on a (b) With respect to compliance substantial number of small entities. matters, the Compliance Field Office SUMMARY: The Federal Crop Insurance Additionally, the regulation does not renders an initial finding, permits the Corporation (FCIC) finalizes specific require any action on the part of small company to respond, and then issues a crop provisions for the insurance of entities than is required on the part of final finding. If the company believes forage production and forage seeding. large entities. The amount of work that the Compliance Field Office’s final The intended effect of this action is to required of the insurance companies finding is not in accordance with the provide policy changes to better meet will not increase because the applicable laws, regulations, custom or the needs of the insured. The changes information used to determine practice of the insurance industry, or will be effective for the 2001 and eligibility must already be collected FCIC approved policy and procedure, it subsequent crop years. under the present policy. No additional may request, the Deputy Administrator EFFECTIVE DATE: This rule is effective work is required as a result of this of Compliance to make a final February 24, 2000. action on the part of either the insured administrative determination addressing or the insurance companies. Therefore, the disputed final finding. The Deputy FOR FURTHER INFORMATION CONTACT: Richard Brayton, Insurance this action is determined to be exempt Administrator of Compliance will Management Specialist, Product from the provisions of the Regulatory render the final administrative Development Division, Federal Crop Flexibility Act (5 U.S.C. 605), and no determination of the Corporation with Insurance Corporation, United States Regulatory Flexibility Analysis was respect to these issues. All requests for Department of Agriculture, 9435 Holmes prepared. a final administrative determination must be in writing and submitted within Road, Kansas City, MO, 64131, Federal Assistance Program telephone (816) 926-7730. 45 days after receipt of the final finding. This program is listed in the Catalog (c) A company may also request SUPPLEMENTARY INFORMATION: of Federal Domestic Assistance under reconsideration by the Deputy Executive Order 12866 No. 10.450. Administrator of Insurance Services of a decision of the Corporation rendered This rule has been determined to be Executive Order 12372 under any Corporation bulletin or exempt for the purpose of Executive This program is not subject to the directive which bulletin or directive Order 12866 and, therefore, has not provisions of Executive Order 12372 does not interpret, explain, or restrict been reviewed by the Office of which require intergovernmental the terms of the reinsurance agreement. Management and Budget (OMB). consultation with State and local