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II Federal Register/Vol. 67, No. 6/Wednesday, January 9, 2002
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III
Contents
Federal Register
Vol. 67, No. 6
Wednesday. January 9, 2002
Agriculture Department Defense Department
See Animal and Plant Health Inspection Service See Navy Department
NOTICES
Committees; establishment, renewal, termination, etc.: Education Department
National Agricultural Research, Extension, Education, NOTICES
and Economics Advisory Board, 1188 Agency information collection activities:
Proposed collection; comment request, 1202-1203
Animal and Plant Health Inspection Service Submission for OMB review; comment request, 1203-
1204
RULES
Exportation and importation of animals and animal
Employment and Training Administration
products:
Foot-and-mouth disease; disease status change— NOTICES
Grants and cooperative agreements; availability, etc.:
Netherlands and Northern Ireland, 1072-1074
Quality Child Care Initiative, 1228-1234
Overtime services relating to imports and exports:
Workforce Investment Act—
Commuted traveltime allowances, 1070—1072
Migrant and Seasonal Farmworker Youth Program,
Plant-related quarantine, domestic:
1235-1242
Fire ant, imported, 1067-1070
Energy Department
Census Bureau See Federal Energy Regulatory Commission
NOTICES NOTICES
Surveys, determinations, etc.: Grants and cooperative agreements; availability, etc.:
Retail trade; annual, 1188-1189 Atmospheric Radiation Measurement Program, 1204-
Trade; annual, 1189 1206
Natural and Accelerated Bioremediation Research
Coast Guard Program, 1206-1211
RULES
Drawbridge operations: Environmental Protection Agency
Iowa and Illinois, 1095-1097 RULES
Ports and waterways safety: Pesticides; tolerances in food, animal feeds, and raw
Fore River bridge repairs, Weymouth, MA; safety zone, agricultural commodities:
1099-1101 Indian meal moth granulosis virus, 1102-1107
Port Hueneme Harbor, CA; security zone, 1097-1099 PROPOSED RULES
Ports of Palm Beach, Everglades, Miami, emd Key West, Toxic substances:
FL; security zones, 1101-1102 Significant new uses—
PROPOSED RULES Burkholeria cepacia complex, 1179-1186
Regattas and marine parades: NOTICES
Western Branch, Elizabeth River, VA; marine events, Integrated risk information system:
1177-1179 Health effects of chronic exposure to chemical
NOTICES substances; information request, 1212-1215
Agency information collection activities: Meetings:
Proposed collection: comment request, 1260-1261 Cleem Air Act Advisory Committee, 1215
Environmental statements; availability, etc.: Pesticide registration, cancellation, etc.;
Coast Guard Museum relocation; gift of land in New Value Gardens Supply, LLC, et al., 1215-1217
London, CT; acceptance; comment request, 1261
Export Administration Bureau
Meetings:
Towing Safety Advisory Committee, 1261-1262 NOTICES
Meetings:
Materials Technical Advisory Committee, 1189-1190
Commerce Department
See Census Bureau
Farm Credit Administration
See Export Administration Bureau
NOTICES
See National Oceanic and Atmospheric Administration
Meetings; Sunshine Act, 1217
Commission of Fine Arts Federal Aviation Administration
NOTICES PROPOSED RULES
Meetings, 1202 Airworthiness directives:
Boeing, 1167-1169
Committee for the Implementation of Textile Agreements McDonnell Douglas, 1165-1171
NOTICES NOTICES
Special access and special regime programs: Airport noise compatibility program;
Participation denial— Noise exposure maps—
Olympic Mills Corp., 1202 Boca Raton Airport, FL, 1262-1263
IV Federal Register/Vol. 67, No. 6/Wednesday, January 9, 2002/Contents
Meetings: Meetings;
RTCA, Inc., 1263-1265 National Human Research Protections Advisory
Committee, 1222
Federal Energy Regulatory Commission
NOTICES Immigration and Naturalization Service
Applications, hearings, determinations, etc.: NOTICES
Columbia Gas Transmission Corp., 1211 Meetings:
Columbia Gulf Transmission Co., 1211-1212 Airport and Seaport Inspections User Fee Federal
Copiah County Storage Co., 1212 Advisory Committee, 1227-1228
UtiliGroup, Inc., 1212
Interior Department
Federal Highway Administration See Fish and Wildlife Service
See Minerals Management Service
NOTICES
Environmental statements: notice of intent: See National Indian Gaming Commission
Montgomery and Harris Counties, TX; North-Hardy See Surface Mining Reclamation and Enforcement Office
Corridor, 1268-1270
Internal Revenue Service
Federal Maritime Commission RULES
Income taxes:
NOTICES
Agreements; additional information requests: Dollar-value last-in, first-out (LIFO) regulations; inventory
Hanjin/SinoTrans Cross Space Charter and Sailing price index computation method, 1075-1095
Agreement, 1217
Agreements filed, etc., 1217 Judicial Conference of the United States
Ocean transportation intermediary licenses: NOTICES
Archer International, Inc., et al., 1217-1218 Meetings:
. Judicial Conference Advisory Committee on—
Capital Freight Management et al., 1218
Civil Procedure Rules, 1227
Grace Lines, Inc., et al., 1218-1219
Evidence Rules, 1227
Federal Railroad Administration
Justice Department
RULES
See Immigration and Naturalization Service
Alcohol and drug testing; minimum random testing rates
determination
Labor Department
Correction, 1116
See Employment and Training Administration
See Pension and Welfare Benefits Administration
Federal Transit Administration
NOTICES Legal Services Corporation
Environmental statements; notice of intent:
NOTICES
Harris County, TX; Southeast-Universities-Hobby
Grants and cooperative agreements; availability, etc.:
Corridor, 1265-1266
State Justice Community Evaluation Instrument design,
Harris Countv, TX; Uptown-West Loop Corridor, 1266-
1247
1268
Montgomery and Harris Counties, TX; North-Hardy Minerals Management Service
Corridor, 1268-1270
PROPOSED RULES
Outer Continental Shelf; oil, gas, and sulphur operations:
Fine Arts Commission
Exploration under salt sheets; operations suspension,
See Commission of Fine Arts
1171-1173
Fish and Wildlife Service
National Highway Traffic Safety Administration
NOTICES
NOTICES
Environmental statements: availability, etc.: Motor vehicle safety standards; exemption petitions, etc.:
Double-crested cormorant management, 1226-1227 Toyota Motor Corp., 1270-1271
Food and Drug Administration National Indian Gaming Commission
NOTICES RULES
Biological product licenses: Federal claims collection, 1273-1274
Beauregard Plasma, Inc., et al.; hearing on proposal to
revoke, 1223 National Institutes of Health
Reports and guidance documents; availability, etc.; NOTICES
Food security, 1224-1225 Meetings:
Structure/function claims; small entity compliance guide, National Heart, Lung, and Blood Institute, 1225-1226
1225
National Oceanic and Atmospheric Administration
Health and Human Services Department RULES
See Food and Drug Administration - Endangered and threatened species:
See National Institutes of Health West Coast salmonids; four evolutionarily significant
NOTICES units; take, 1116-1133
Grants and cooperative agreements; availability, etc.; Fishery conservation and management:
Adolescent Family Life Demonstration Projects Program, Alaska; fisheries of Exclusive Economic Zone—
1219-1222 Pacific halibut and red king crab, 1160-1163
Federal Register/Vol. 67, No. 6/Wednesday, January 9, 2002/Contents V
Salmon; overfishing definitions, 1163-1164 Self-regulatory organizations: proposed rule changes;
Marine mammals; Depository Trust Co., 1254-1255
Incidental taking— National Association of Securities Dealers, Inc., 1255-
Atlantic Large Whale Take Reduction Plan, 1133-1160 1259
PROPOSED RULES Stock Clearing Corp. of Philadelphia, 1259-1260
Fishery conservation and management:
West Coast States and Western Pacific fisheries— State Department "
Pacific Fishery Management Council; meetings and RULES
hearings, 1186-1187 International Traffic in Arms regulations;
NOTICES Tajikistan and Federal Republic of Yugoslavia (Serbia
Grants and cooperative agreements: availability, etc.: and Montenegro); removal from proscribed
National Sea Grant College Program, 1190-1201 destinations list, 1074-1075
Meetings:
New England Fishery Management Council, 1201 Surface Mining Reclamation and Enforcement Office
Pacific Fishery Management Council, 1201-1202
PROPOSED RULES
Permanent program and abandoned mine land reclamation
Navy Department plan submissions:
NOTICES New Mexico, 1173-1177
Patent licenses; non-exclusive, exclusive, or partially
NOTICES
exclusive: Agency information collection activities:
Dodenhoff, Tracey A., 1202 Proposed collection; comment request, 1227
Nuclear Regulatory Commission Surface Transportation Board
NOTICES NOTICES
Environmental statements; availability, etc.: Railroad operation, acquisition, construction, etc.:
Virginia Electric & Power Co., 1248-1249 Indiana Harbor Belt Railroad Co., 1272
Applications, hearings, determinations, etc.:
International Uranium (USA) Corp., 1247-1248 Textile Agreements Implementation Committee
Portland General Electric Co., 1248 See Committee for the Implementation of Textile
Agreements
Ocean Policy Commission
NOTICES Transportation Department
Meetings, 1249 See Coast Guard
See Federal Aviation Administration
Pension and Welfare Benefits Administration
See Federal Highway Administration
NOTICES See Federal Railroad Administration
Employee benefit plans; prohibited transaction exemptions:
See Federal Transit Administration
Key Trust Co. of Ohio et al., 1242-1247
See National Highway Traffic Safety Administration
See Research and Special Programs Administration
Public Health Service
See Surface Transportation Board
See Food and Drug Administration
See National Institutes of Health
Treasury Department
See Internal Revenue Service
Research and Special Programs Administration
RULES
Pipeline safety:
Hazardous liquid transportation— Separate Parts In This Issue
Gas transmission pipelines: integrity management in
high consequence areas, 1108-1115 Part II
National Indian Gaming Commission, 1273-1274
Securities and Exchange Commission
NOTICES
Agency information collection activities: Reader Aids
Proposed collection; comment request, 1249-1250 Consult the Reader Aids section at the end of this issue for
Submission for OMB review; comment request, 1250- phone numbers, online resources, finding aids, reminders,
1251 and notice of recently enacted public laws.
Investment Company Act of 1940: To subscribe to the Federal Register Table of Contents
Exemption applications— LISTSERV electronic mailing list, go to http://
Longview Management Group LLC, 1251-1252 listserv.access.gpo.gov and select Online mailing list
Order applications— archives, FEDREGTOC-L, Join or leave the list (or change
American Balanced Fund, Inc., et al., 1252-1254 settings): then follow the instructions.
VI Federal Register/Vol. 67, No. 6/Wednesday, January 9, 2002/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
301.1067
354.1070
9 CFR
94.1072
14 CFR
Proposed Rules:
39 (3 documents) ...1165, 1167,
1169
22 CFR
126.1074
25 CFR
513.1274
26 CFR
1.1075
602.1075
30 CFR
Proposed Rules:
250.1171
931.1173
33 CFR
117 (2 documents).1095
165 (3 documents).1097,
1099, 1101
Proposed Rules:
100.1177
40 CFR
180.1102
Proposed Rules:
725.1179
49 CFR
192.1108
219.1116
50 CFR
223.1116
229 (2 documents).1133,
1142
679 (2 documents).1160,
1163
Proposed Rules:
660. 1186
1067
Rules and Regulations
Federal Register
Vol. 67, No. 6
Wednesday, January 9, 2002
This section of the FEDERAL REGISTER address in your message and “Docket the intrastate movement of the regulated
contains regulatory documents having general No. 01-081-1” on the subject line. articles listed in § 301.81-2 that are
applicability and legal effect, most of which You may read any comments that we equivalent to the interstate movement
are keyed to and codified in the Code of receive on this docket in our reading restrictions imposed by the regulations;
Federal Regulations, which is published under room. The reading room is located in and (2) designating less than the entire
50 titles pursuant to 44 U.S.C. 1510.
room 1141 of the USDA South Building, State will prevent the spread of the
The Code of Federal Regulations is sold by 14th Street and Independence Avenue imported fire ant. The Administrator
the Superintendent of Documents. Prices of SW., Washington, DC. Normal reading may include uninfested acreage within
new books are listed in the first FEDERAL room hours are 8 a.m. to 4:30 p.m., a quarantined area due to its proximity
REGISTER issue of each week. Monday through Friday, except to an infestation or its inseparability
holidays. To be sure someone is there to from an infested locality for quarantine
help you, please call (202) 690-2817 purposes.
DEPARTMENT OF AGRICULTURE before coming. In § 301.81-3, paragraph (e) lists
APHIS documents published in the quarantined areas. We are amending
Animal and Plant Health Inspection Federal Register, and related §301.81-3(e) by:
Service information, including the names of • Adding portions of Faulkner and
organizations and individuals who have Polk Counties, AR, to the list of
7 CFR Part 301 commented on APHIS dockets, are quarantined areas and changing the
[Docket No. 01-081-1] available on the Internet at http:// status of Grant, Hempstead, and Nevada
www.aphis.usda.gov/ppd/rad/ Counties. AR, from partially to
Imported Fire Ant; Addition to webrepor.html. completely infested:
Quarantined Areas • Adding Rabun, Towns, and Union
FOR FURTHER INFORMATION CONTACT: Mr. Counties, GA, to the list of quarantined
AGENCY: Animal and Plant Health Charles L. Brown, Program Manager, areas (these three counties were the last
Inspection Service, USDA. Invasive Species and Pest Management, remaining uninfested counties in
ACTION: Interim rule and request for PPQ, APHIS, 4700 River Road Unit 134, Georgia, thus the entire State is now
comments. Riverdale, MD 20737-1236; (301) 734- designated as a quarantined area):
4838. • Adding portions of Harnett,
SUMMARY: We are amending the SUPPLEMENTARY INFORMATION; Hertford, Johnston and Nash Counties,
imported fire ant regulations by
NC, and all of Lee County, NC, to the
designating as quarantined areas all or Background
list of quarantined areas, changing the
portions of five counties in Arkansas, The imported fire ant regulations status of Moore and Sampson Counties,
three counties in Georgia, eight counties (contained in 7 CFR 301.81 through NC, from partially to completely
in North Carolina, and four counties in 301.81-10 and referred to below as the infested, and revising the quarantine
Tennessee. As a result of this action, the regulations) quarantine infested States boundaries in Wake County, NC, to
interstate movement of regulated or infested areas within States and incorporate additional infested areas;
articles from those areas will be restrict the interstate movement of and
restricted. This action is necessary to regulated articles to prevent the • Changing the status of Henderson
prevent the artificial spread of the artificial spread of the imported fire ant. County, TN, from partially to
imported fire ant to noninfested areas of The imported fire ant, Solenopsis completely infested and revising the
the United States. invicta Buren and Solenopsis richteri quarantine boundaries in Franklin,
DATES: This interim rule was effective Forel, is an aggressive, stinging insect Maury, and Moore Counties, TN, to
January 2, 2002. We invite you to that, in large numbers, can seriously incorporate additional infested areas.
comment on this docket. We will injure and even kill livestock, pets, and We are taking these actions because
consider all comments we receive that humans. The imported tire ant, which is recent surveys conducted by APHIS and
are postmarked, delivered, or e-mailed not native to the United States, feeds on State and county agencies revealed that
by March 11, 2002. crops and builds large, hard mounds the imported fire ant has spread to these
ADDRESSES: You may submit comments that damage farm and field machinery. areas. See the rule portion of this
by postal mail/commercial delivery or The regulations are intended to prevent dociunent for specific descriptions of
by e-mail. If you use postal mail/ the imported fire ant from spreading the new and revised quarantined areas.
commercial delivery, please send four throughout its ecological range within In addition to the changes to the
copies of your comment (an original and the country. quarantined areas described above, we
three copies) to: Docket No. 01-081-1, The regulations in § 301.81-3 provide are correcting the listing for Hot Spring
Regulatory Analysis and Development, that the Administrator of the Animal County, AR, in § 301.81-3(e). That
PPD, APHIS, Station 3C71, 4700 River and Plant Health Inspection Service county is currently listed incorrectly as
Road Unit 118, Riverdale, MD 20737- (APHIS) will list as a quarantined area Hot Springs County.
1238. Please state that your comment each State, or each portion of a State,
refers to Docket No. 01-081-1. If you that is infested with the imported fire Emergency Action
use e-mail, address your comment to ant. The Administrator will designate This rulemaking is necessary on an
[email protected]. Your less than an entire State as a emergency basis to prevent the spread of
comment must be contained in the body quarantined area only under the imported fire ant into noninfested areas
of your message; do not send attached following conditions: (1) The State has of the United States. Under these
files. Please include your name and adopted and is enforcing restrictions on circumstances, the Administrator has
1068 Federal Register/Vol. 67, No. 6/Wednesday, January 9, 2002/Rules and Regulations
determined that prior notice and crops (including nursery and In summary, there are at least 408 small
opportunity for public comment are greenhouse crops), with the remaining entities potentially affected by the
contrary to the public interest and that 72 percent attributed to livestock. In two imported fire ant quarantine in the 20
there is good cause under 5 U.S.C. 553 of the three Georgia counties, 17 percent counties. However, the number of these
for making this rule effective less than of the value of agricultural sales was small entities that will be affected by
30 days after publication in the Federal attributed to crops (including nursery this rule and the extent to which they
Register. and greenhouse crops), with the are affected depend on the proportion of
We will consider comments we remaining 83 percent of that value their sales outside the imported fire ant
receive during the comment period for attributed to livestock. (The relative quarantined areas.
this interim rule (see DATES above). contributions of crops and livestock to The adverse economic effects on these
After the comment period closes, we the value of agricultural sales in the entities can be substantially minimized
will publish another document in the third Georgia county could not be by the availability of various treatments
Federal Register. The document will determined, as those figures were that will permit the movement of
include a discussion of any comments withheld ft’om the 1997 Census of regulated articles with only a small
we receive and any amendments we are Agriculture to avoid disclosing data for additional cost. The estimated annual
making to the rule as a result of the individual farms.) The five counties in cost of imposing a quarantine on these
comments. Arkansas had only 5 percent of the counties is very small in comparison to
value of their agricultural sales the benefit gained through agricultural
Executive Order 12866 and Regulatory
attributed to crops, with the remaining sales. For example, the value of a
Flexibility Act
95 percent of the value attributed to “standard” sized tractor-trailer load of
This rule has been review'ed under livestock. These data indicate that there nursery plants ranges from $10,000 to
Executive Order 12866. For this action, is a large agricultural economy at risk $250,000. The treatment cost for this
the Office of Management and Budget due to the potential for the imported fire “standard” shipment of plants is only
has waived its review process required ant to damage crops and injure or kill around $200. An average treatment cost,
by Executive Order 12866. livestock. then, is between 2 percent and 0.8
This interim rule is necessary because Small entities potentially affected by percent per standard plant shipment. In
infestations of imported fire ant have this rule include nurseries, greenhouses, contrast to the potential losses
been discovered in additional areas of farm equipment dealers, construction associated with an imported fire ant
Arkansas, Georgia, North Carolina, and companies, and companies that sell, infestation, these treatment costs are not
Tennessee. This action will establish process, or move regulated articles significant.
quarantined areas in 10 new counties interstate from and through the Under these circumstances, the
and revise the boundaries of the quarantined areas. According to the Administrator of the Animal and Plant
quarantined areas in 10 other counties Small Business Administration (SBA), Health Inspection Service has
in those States. As a result of this action, Office of Advocacy, regulations create determined that this action will not
the interstate movement of regulated economic disparities when they have a have a significant economic impact on
articles from those areas is restricted. significant economic impact on a a substantial number of small entities.
This action is necessary to prevent the substantial number of small entities.
artificial spread of the imported fire ant The SBA defines a small agricultural Executive Order 12372
into noninfested areas of the United producer as one that generates less than This program/activity is listed in the
States. $750,000 of annual sales; to be Catalog of Federal Domestic Assistance
The following analysis addresses the considered small by the SBA definition, under No. 10.025 and is subject to
economic effects of this rule and the an equipment dealer or agricultural Executive Order 12372, which requires
impact on small entities as required by service company must generate less intergovernmental consultation with
the Regulatory Flexibility Act. than $5 million of annual sales. State and local officials. (See 7 CFR part
According to the 1997 Census of In the four Tennessee counties, there 3015, subpart V.)
Agriculture, the market value of were at least 94 entities that could be
agricultural products sold in the 20 potentially affected by the changes in Executive Order 12988
counties that are subject of this rule was regulations. In 1997, these four counties This interim rule has been reviewed
more than $2,171 billion. During 1997, received $32.5 million from crop sales, under Executive Order 12988, Civil
the value of sales from nursery and including greenhouse and nursery sales. Justice Reform.
greenhouse crops in these 20 counties In the three Georgia counties, there were This rule: (1) Preempts all State and
was at least $36.5 million. The five at least 27 entities that could be local laws and regulations that are
counties in Arkansas had $300.35 potentially affected by the changes in inconsistent with this rule; (2) has no
million in agricultural product sales, the regulations. In 1997, these three retroactive effect; and (3) does not
three counties in Georgia had $30.96 counties received at least $2.5 million require administrative proceedings
million in agricultural product sales, the from crop sales, including greenhouse before parties may file suit in court
eight counties in North Carolina had and nursery sales. In the five Arkansas challenging this rule.
$1.44 billion in agricultural product counties, there were at least 22 entities
sales, and the four counties in that could be potentially affected by the National Environmental Policy Act
Tennessee had $117.45 million in changes in regulations. In 1997, these An environmental assessment and
agricultural product sales. In 1997, the five counties received $8.2 million from finding of no significant impact have
eight counties in North Carolina had 51 crop sales, including greenhouse and been prepared for this program. The
percent of the value of their agricultural nursery sales. In the eight North assessment provides a basis for the
sales attributed to crops (including Carolina counties, there were at least conclusion that the methods employed
nursery and greenhouse crops), with the 265 entities that could be potentially to prevent the spread of the imported
remaining 49 percent attributed to affected by the changes in regulations. fire ant will not have a significant
livestock. The four counties in In 1997, these eight counties received impact on the quality of the human
Tennessee had 28 percent of the value $446.5 million from crop sales, environment. Based on the finding of no
of their agricultural sales attributed to including greenhouse and nursery sales. significant impact, the Administrator of
