Federal Register 2001-01-03: Vol 66 Iss 2

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Vol. 66 No. 2
Jan. 3, 2001
Pages 227-704
II Federal Register/Vol. 66, No. 2/Wednesday, January 3, 2001
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Contents
Federal Register
Vol. 66, No. 2
Wednesday, January 3, 2001
Agricultural Marketing Service Energy Department
RULES See Federal Energy Regulatory Commission
Cherries (tart) grown in— NOTICES
Michigan et al., 229-235 Grants and cooperative agreements: availability, etc.:
Oranges, grapefruit, tangerines, and tangelos grown in— Energy Biosciences Program, 356-357
Florida and imported, 227-229 Scientific Discovery through Advanced Computing-
NOTICES Advanced Computational Research in Fusion
Agency information collection activities: Science, 357-361
Proposed collection; comment request, 348
Beef promotion and research: Environmental Protection Agency
Cattlemen’s Beef Promotion and Research Board;
RULES
certification and nomination, 348-350 Air quality implementation plans; approval and
Nonfat dry milk (spray process), instant nonfat dry milk, promulgation: various States:
and dry buttermilk and dry buttermilk product; grade Connecticut, 633-663
standards, 350 District of Columbia, Maryland, and Virginia, 585-632
Massachusetts, 665-694
Agriculture Department
Pesticides; tolerances in food, animal feeds, and raw
See Agricultural Marketipg Service agricultural commodities:
See Animal and Plant Health Inspection Service
Clopyralid, 296-298
Myclobutanil, 298-306
Animal and Plant Health inspection Service
PROPOSED RULES
RULES Water pollution; effluent guidelines for point source
Animal welfare: categories:
Confiscation of animals, 236—239 Metal products and machinery facilities, 423-558
Marine mammals; humane handling, care, treatment, and
NOTICES
transportation, 239-257 Confidential business information and data transfer, 362
Meetings:
Children and Families Administration
Clean Air Advisory Committee, 362
NOTICES Community Right-To-Know toxic chemical release
Meetings: reporting: stakeholders, 362-364
Head Start Research and Evaluation Advisory Committee, Reports and guidance documents; availability, etc.:
372 Combined Sewer Overflow Control Policy; Water-Quality
Based Provisions, 364-365
Commerce Department
National Hazardous Waste Ombudsman and Regional
See International Trade Administration
Superfund Ombudsman Program, 365-368
See National Oceanic and Atmospheric Administration
Water pollution control:
Total maximum daily loads—
Consumer Product Safety Commission
Mermentau and Vermilion/Teche river basins, LA;
NOTICES TMDLS required by court order, 368-369
Reports and guidance documents; availability, etc.:
Water supply:
Potentially hazardous products distributed outside U.S.;
Public water supply supervision program—
information reporting; policy statement, 351-352
Delaware, 369-370
Defense Department
Executive Office of the President
NOTICES
Meetings: • See Presidential Documents
Nuclear Weapons Surety Joint Advisory Committee, 352
Federal Aviation Administration
Education Department RULES
NOTICES Airworthiness directives:
Agency information collection activities: BAe Systems (Operations) Ltd., 267-268
Proposed collection: comment request, 352-353 British Aerospace, 263-265
Grants and cooperative agreements; availability, etc.: Dornier, 265-267
Elementary and secondary education— Airworthiness standards:
21st Century Community Learning Centers Program, Special conditions—
353-355 Dessault Aviation Mystere-Falcon 50 airplanes, 261—
Indian education programs— 263
Native American Vocational and Technical Education NOTICES
Program, 559-584 Agency information collection activities:
Postsecondary education— Submission for OMB review; comment request, 392
Minority Science and Engineering Improvement Environmental statements; availability, etc.:
Program, 355-356 Chicago Terminal Airspace Project, IL, 393
I
IV Federal Register/Vol. 66, No. 2/Wednesday, January 3, 2001 /Contents
Federal Communications Commission Health Care Financing Administration
PROPOSED RULES NOTICES
Frequency allocations and radio treaty matters: Grants and cooperative agreements; availability, etc.:
Software defined radios, 341-345 State Children’s Health Insurance Program, 375-381
Federal Emergency Management Agency Housing and Urban Development Department
NOTICES NOTICES
Meetings: Agency information collection activities:
National Urban Search and Rescue Response System Submission for OMB review; comment request, 381
Advisory Committee, 370 Grants and cooperative agreements: availability, etc.:
Facilities to assist homeless—
Federal Energy Regulatory Commission Excess and surplus Federal property, 381
NOTICES
Applications, hearings, determinations, etc.:
Immigration and Naturaiization Service
Montana Power Co. et al., 361
RULES
Immigration:
Federal Reserve System
Visa waiver pilot program—
RULES Guam; Burma removed, 235-236
Bank holding companies and change in hank control
(Regulation Y):
Financial holding company requirements: elections by Interior Department
foreign banks, etc.; and permissible activities, 399- See Fish and Wildlife Service
422 See National Park Service
Financial subsidiaries, 257-261 See Reclamation Bureau
See Surface Mining Reclamation arid Enforcement Office
PROPOSED RULES
Bank holding companies and change in bank control
(Regulation Y): Internal Revenue Service
Financial subsidiaries, 307-314 RULES
NOTICES Income taxes;
Banks and bank holding companies: Credit for increasing research activities, 280-296
Change in bank control, 370-371 Hyperinflationary currency; definition, 279-280
Formations, acquisitions, and mergers, 371 Income subject to separate limitations and affiliated
Meetings; Sunshine Act, 371 group interest and other expense allocation and
apportionment and foreign tax credit limitation, 268-
Federal Retirement Thrift Investment Board 279
NOTICES PROPOSED RULES
Meetings; Sunshine Act, 371 Income taxes:
Income subject to separate limitations and deemed-paid
Financial Management Service credit computation, 319-334
See Fiscal Service Partner’s interest basis determination; special rules under
section 705, 315-319
Fiscal Service
NOTICES international Trade Administration
Reports and guidance documents; availability, etc.:
NOTICES
Federal payments and collections; electronic Antidumping:
authentication policy, 394-397
Fresh garlic from—
China, 350-351
Fish and Wiidiife Service
PROPOSED RULES
Justice Department
Endangered and threatened species:
See Immigration and Naturalization Service
Tidewater goby; northern populations, 345-347
NOTICES
Pollution control; consent judgments:
Food and Drug Administration
ASARCO, Inc., et al., 387
NOTICES
Agency information collection activities.
Proposed collection; comment request, 372-374 Medicare Payment Advisory Commission
Reporting and recordkeeping requirements, 374 NOTICES
Submission for OMB review; comment request, 374-375 Meetings, 387
Food additive petitions:
Troy Corp., 375 National Oceanic and Atmospheric Administration
PROPOSED RULES
Health and Human Services Department Fishery conservation and management:
See Children and Families Administration Northeastern United States fisheries—
See Food and Drug Administration Northeast skate; scoping process [Editorial Note: The
See Health Care Financing Administration entry for this document, published at 66 FR 90 in
NOTICES the Federal Register of January 2, 2001, was
Agency information collection activities: inadvertently omitted from that issue’s Table of
Proposed collection; comment request, 371-372 Contents.]
Federal Register/Vol. 66, No. 2/Wednesday, January 3, 2001/Contents V
National Park Service Surface Transportation Board
NOTICES NOTICES
National Register of Historic Places: Railroad services abandonement:
Pending nominations, 381-382 R.J. Gorman Railroad Co. et al., 393-394
National Wild and Scenic Rivers System:
Big and Little Darby Creeks, OH; correction, 382 Thrift Supervision Office
Reports and guidance documents; availability, etc.:
NOTICES
Federal Land Managers’ Air Quality Related Values Work Agency information collection activities:
Group; Phase I Report, etc., 382-383 Submission for OMB review; comment request, 397
Nuclear Regulatory Commission
Transportation Department
NOTICES
Regulatory guides; issuance, availabilty, and withdrawal, See Federal Aviation Administration
See Surface Transportation Board
390
Applications, hearings, determinations, etc.:
Entergy Nuclear Operations, Inc., 388-390 Treasury Department
See Fiscal Service
Presidential Documents See Internal Revenue Service
PROCLAMATIONS See Thrift Supervision Office
Georgia Republic; extending nondiscriminatory treatment RULES
(normal trade relations treatment) to the products of Financial subsidiaries, 257-261
the Republic of Georgia (Proc.7389), 703 PROPOSED RULES
EXECUTIVE ORDERS Financial subsidiaries, 307-314
Government agencies and employees:
Federal Government-university research partnership (EO
13185), 699-702
Separate Parts In This Issue
Senior Presidential appointees; revocation of post¬
employment restrictions (EO 13184), 695-697
Part li
Federal Reserve System, 399—422
Public Debt Bureau
See Fiscal Service
Part III
Public Health Service Environmental Protection Agency, 423-558
See Food and Drug Administration
Part IV
Railroad Retirement Board Department of Education, 559-584
PROPOSED RULES
Organization, functions, and authority delegations;
Part V
Use of agency’s seal, 314-315
Environmental Protection Agency, 585-632
Reclamation Bureau
Part VI
NOTICES
Agency information collection activities; Environmental Protection Agency, 633-663
Proposed collection; comment request, 383-386
Part VII
Securities and Exchange Commission Environmental Protection Agency, 665-694
NOTICES
Investment Company Act of 1940: Part VIII
Exemption applications— The President, 695-697
Seciurities Management & Research, Inc., et al., 390-392
Part IX
Surface Mining Reclamation and Enforcement Office
The President, 699-703
PROPOSED RULES
Permanent program and abandoned mine land reclamation
plan submissions:
West Virginia, 335-340 Reader Aids
NOTICES Consult the Reader Aids section at the end of this issue for
Grants and cooperative agreements; availability, etc.: phone numbers, online resources, hnding aids, reminders,
Watershed Cooperative Agreement Program, 386-387 and notice of recently enacted public laws.
VI Federal Register/Vol. 66, No. 2/Wednesday, January 3, 2001 /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.
3 CFR
Executive Orders:
13184 .697
13185 .701
Proclamations:
7389 .703
7 CFR
905 .227
930 (2 documents).229, 232
944.227
8 CFR
212.235
9 CFR
2 .236
3 .239
12 CFR
225 (2 documents).257, 400
1501.257
Proposed Rules:
225.307
1501.307
14 CFR
25 .261
39 (4 documents).263, 264,
265, 267
20 CFR
Proposed Rules:
369.-.314
26 CFR
1 (3 documents).268, 279,
280
602 .280
Proposed Rules:
1 (2 documents).315, 319
30 CFR
Proposed Rules:
948.335
40 CFR
52 (3 documents).586, 634,
666
180 (2 documents).296, 298
Proposed Rules:
413.424
433 .424
438.424
463 .424
464 .424
467.424
471. 424
47 CFR
Proposed Rules:
1 .341
2 .341
50 CFR
Proposed Rules:
17.345
227
Rules and Regulations
Federal Register
Vol. 66, No. 2
Wednesday, Januaiy 3, 2001
This section of the FEDERAL REGISTER AMS, USDA, room 2525—S, P.O. Box handler is afforded the opportunity for
contains regulatory documents having general 96456, Washington, DC 20090-6456; a hearing on the petition. After the
applicability and legal effect, most of which telephone: [phone], Fax: (202) hearing the Secretary would rule on the
are keyed to and codified in the Code of 720-5698. petition. The Act provides that the
Federal Regulations, which is published under Small businesses may request district court of the United States in any
50 titles pursuant to 44 U.S.C. 1510.
information on complying with this district in which the handler is an
The Code of Federal Regulations is sold by regulation by contacting Jay Guerber, inhabitant, or has his or her principal
the Superintendent of Documents. Prices of Marketing Order Administration place of business, has jurisdiction to
new books are listed in the first FEDERAL Branch, Fruit and Vegetable Programs, review the Secretary’s ruling on the
REGISTER issue of each week. AMS, USDA, P.O. Box 96456, room petition, provided an action is filed not
2525-S, Washington. DC 20090-6456; later than 20 days after the date of the
telephone [phone], Fax: (202) entry of the ruling.
DEPARTMENT OF AGRICULTURE 720-5698, or E-mail; There are no administrative
[email protected]. procedures which must be exhausted
Agricultural Marketing Service
SUPPLEMENTARY INFORMATION: This final prior to any judicial challenge to the
7 CFR Parts 905 and 944 nile is issued under Marketing provisions of import regulations issued
Agreement No. 84 and Marketing Order under section 8e of the Act.
[Docket No. FV99-905-5 FR] No. 905, both as amended (7 CFR Part The order for Florida citrus provides
905), regulating the handling of oranges, for the establishment of minimum grade
Oranges, GrapefruiVTangerines, and grapefruit, tangerines, and tangelos and size requirements with the
Tangelos Grown in Florida and grown in Florida, hereinafter referred to concurrence of the Secretary. The
imported Grapefruit; Clarification of as the “order.” The marketing minimum grade and size requirements
Inspection Requirements agreement and order are effective under are designed to provide fresh markets
agency: Agricultural Marketing Service, the Agricultural Marketing Agreement with fruit of acceptable quality and size,
USDA. Act of 1937, as amended (7 U.S.C. 601- thereby maintaining consumer
ACTION: Final rule. 674), hereinafter referred to as the confidence for fresh Florida citrus.
“Act.” Maintaining confidence in the
SUMMARY: This rule revises inspection This final rule is also issued under commodity shipped contributes to
requirements for shipments of Florida section 8e of the Act, which provides stable marketing conditions in the
citrus and imports of grapefruit. The that whenever certain specified interest of growers, handlers, and
handling of citrus grown in Florida is commodities, including grapefruit, are consumers, and helps increase returns
regulated under a marketing order regulated under a Federal marketing to Florida citrus growers.
administered locally by the Citrus order, imports of these commodities Section 905.52 of the order, in part,
Administrative Committee (Committee). into the United States are prohibited authorizes the Committee to recommend
Grapefruit imports are subject to an unless they meet the same or minimum grade and size requirements
import regulation issued under section comparable grade, size, quality, or to the Secretary. Section 905.306
8e of the Agricultural Marketing maturity requirements as those in effect specifies minimum grade and size
Agreement Act of 1937. This change for the domestically produced requirements for different varieties of
specifies in the regulations undersize commodities. fresh Florida citrus. Such regulations
tolerances for Florida citrus and The Department of Agriculture may be modified, suspended, or
imported grapefruit that are currently (Department) is issuing this rule in terminated under § 905.52. Section
applied by the inspection service and conformance with Executive Order 905.53 specifies that whenever the
clarifies the regulations. This rule also 12866. handling of a variety of a type of fruit
renumbers citations in the domestic and This final rule has been reviewed is regulated pursuant to § 905.52, each
import regulations to reflect revisions to under Executive Order 12988, Civil handler who handles any such type of
the numbering of the United States Justice Reform. This rule is not intended fruit shall, prior to such handling of any
Standards for Grades of Oranges, to have retroactive effect. This rule will lot of such variety, cause the lot to be
Grapefruit, Tangerines, and Tangelos not preempt any State or local laws, inspected by the Federal-State
Grown in Florida. regulations, or policies, unless they Inspection Service and certified as
EFFECTIVE DATE: This final rule becomes present an irreconcilable conflict with meeting all applicable requirements of
effective January 4, 2001. this rule. that regulation.
FOR FURTHER INFORMATION CONTACT: The Act provides that administrative This final rule clarifies inspection
William G. Pimental, Marketing proceedings must be exhausted before requirements for oranges, grapefruit,
Specialist, Southeast Marketing Field parties may file suit in court. Under tangerines, and tangelos grown in
Office, Marketing Order Administration section 608c(15)(A) of the Act, any Florida and imported grapeftiiit. Current
Branch, Fruit and Vegetable Programs, handler subject to an order may file inspection procedures allow undersize
AMS, USDA, P.O. Box 2276, Winter with the Secretary a petition stating that tolerances for domestic shipments of
Haven, Florida 33883-2276; telephone: the order, any provision of the order, or Florida citrus failing to meet minimum
[phone], Fax: [phone]; or any obligation imposed in connection size regulations under the order. These
George Kelhart, Technical Advisor, with the order is not in accordance with procedures also allow undersize
Marketing Order Administration law and request a modification of the tolerances for imported grapeft-uit
Branch, Fruit and Vegetable Programs, order or to be exempted therefrom. A failing to meet minimum size
228 Federal Register/Vol. 66, No. 2/Wednesday, January 3, 2001/Rules and Regulations
requirements established under the Pursuant to requirements set forth in tangerines, and tangelos grown in
grapefruit import regulation. the Regulatory Flexibility Act (RFA), the Florida and imported grapefruit. Current
Specifically, these procedures allow for AMS has considered the economic inspection procedures allow for a 10
a 10 percent tolerance for undersize impact of this action on small entities. percent tolerance for undersize fruit in
fruit in each lot and a 15 percent Accordingly, AMS has prepared this each lot and a 15 percent tolerance for
tolerance for undersize fruit in any final regulatory flexibility analysis. undersize fruit in any individual sample
individual sample. Undersize tolerances The purpose of the RFA is to fit for both domestic and import
allow for variations to proper sizing and regulatory actions to the scale of shipments. This action adds undersize
reduce handler-packing costs. This rule business subject to such actions in order tolerances to the order’s rules and
specifies these inspection procedures in that small businesses will not be unduly regulations and the import regulation
the order’s rules and regulations and in or disproportionately burdened. for grapefruit. This rule also renumbers
the grapefruit import regulation. The Marketing orders issued pursuant to the citations in the order to reflect revisions
Committee unanimously recommended Act, and the rules issued thereunder, are in the United States Standards for
specifying the undersize tolerances for unique in that they are brought about Grades of Oranges, Grapefruit,
Florida citrus in the regulations at a through group action of essentially Tangerines, and Tangelos Grown in
meeting on April 6,1999. small entities acting on their own Florida made in August 1996. Similar
Paragraph (c) of §905.306 currently behalf. Thus, both statutes have small changes are also made to the grapefruit
references sections of the United States entity orientation and compatibility. import regulation issued under section
Standards for Grades of Oranges, Import regulations issued under the Act 8e of the Act.
Grapefruit, Tangerines, and Tangelos are based on those established under This rule will have a positive impact
Grown in Florida with the intention of Federal marketing orders. on affected entities. This action
providing tolerances for undersized There are approximately 100 Florida enhances the understandability of the
fruit. However, the sections specified citrus handlers subject to regulation text of the regulations. The undersize
reference grade defects, not size under the marketing order, about 11,000 tolerances allow for variations to proper
tolerances. Therefore, specific uiidersize Florida citrus producers in the regulated sizing and reduce handler-packing
tolerances for Florida grown oranges, area, and about 25 grapefruit importers. costs. Without such tolerances, more
grapefruit, tangerines, and tangelos are Small agricultural service firms, which fruit would fail to meet minimum size
added to the text of the regulations. include handlers and importers, have requirements without reconditioning,
Paragraph (c) of § 905.306 is revised to been defined by the Small Business and handler-packing costs would
allow for a 10 percent tolerance for Administration (13 CFR 121.201) as increase accordingly. Thus, the
undersized fruit in each lot and a 15 those whose annual receipts are less tolerances help facilitate shipments of
percent tolerance for undersized fhiit in than $5,000,000, and small agricultural Florida citrus. The Committee
any individual sample. Additionally, producers are defined as those whose unanimously recommended specifying
paragraph (c) of § 944.106 of the annual receipts are less than $500,000. the undersize tolerances for Florida
grapefruit import regulation is also Based on the Florida Agricultural citrus in the regulations at a meeting on
revised to reference the undersize Statistics Service and Committee data April 6, 1999.
tolerances specified in paragraph (c) of for the 1999-2000 season, the average During the period January 1, 1999,
§ 905.306 to recognize current annual f.o.b. price for fresh Florida through December 31,1999, imports of
inspection procedures. citrus during the 1999-2000 season was grapefruit totaled 19,400,000 pounds
This rule also renumbers citations in $9.08 per ‘Vs bushel carton for all (approximately 456,470 cartons). Recent
the order to reflect the revised United shipments, and the total shipments for yearly data indicate that imports from
States Standards for Grades of Oranges, the 1999-2000 season approximated 58 May through November are typically
Grapefruit, Tangerines, and Tangelos million cartons of citrus. Using negligible. Future imports should not
Grown in Florida. Effective August 1, information provided by the Committee, vary significantly from the 19,400,000
1996, the various grade standards for about 60 percent of citrus handlers pounds. The Bahamas were the
Florida citrus were amended. Some could be considered small businesses principal source of imported grapefruit,
sections of the amended standards were under the SBA definition, and the accounting for 93 percent of the total.
renumbered. This action renumbers Department believes that the majority of Israel, Mexico, and Turkey supplied
some section references to the U.S. Florida citrus producers and grapefruit remaining imports. Most imported
grade standards in §§905.146 and importers may be classified as small grapefruit enters the United States from
905.306 to bring them into conformity entities. November through May.
with the renumbered sections in the Section 905.52 of the order, in part, With regard to alternatives, this action
amended standards. authorizes the Committee to recommend offers the best alternative to achieve the
Similar changes are also made in minimum grade and size requirements intended purpose of clarifying the
paragraph (c) of § 944.106 of the to the Secretary. Section 905.306 inspection requirements.
grapefruit import regulation issued specifies minimum grade and size This rule will not impose any
under section 8e of the Act. That section requirements for different varieties of additional reporting or recordkeeping
provides that when certain domestically fresh Florida citrus. Section 905.53 requirements on either small or large
produced commodities, including specifies that whenever the handling of Florida citrus handlers and importers.
grapefruit, are regulated under a Federal a variety of a type of fruit is regulated As with all Federal marketing order
marketing order, imports of that pursuant to § 905.52, each handler who programs, reports and forms are
commodity must meet the same or handles any such type of fruit shall, periodically reviewed to reduce
comparable grade, size, quality, and prior to such handling of any lot of such information requirements and
maturity requirements. The grapefruit variety, cause the lot to be inspected by duplication by industry and public
import regulation is based on the the Federal-State Inspection Service and sectors.
requirements issued under the certified as meeting all applicable As noted in the initial regulatory
marketing order for Florida citrus. requirements of that regulation. flexibility analysis, the Department has
Accordingly, a corresponding change to This rule clarifies inspection not identified any relevant Federal rules
the grapefruit import regulation is made. requirements for oranges, grapefruit. that duplicate, overlap or conflict with