2–10–00 Thursday Vol. 65 No. 28 Pages 6523–6880 · day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward.

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Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000

The FEDERAL REGISTER is published daily, Monday throughFriday, except official holidays, by the Office of the FederalRegister, National Archives and Records Administration,Washington, DC 20408, under the Federal Register Act (44 U.S.C.Ch. 15) and the regulations of the Administrative Committee ofthe Federal Register (1 CFR Ch. I). The Superintendent ofDocuments, U.S. Government Printing Office, Washington, DC20402 is the exclusive distributor of the official edition.The Federal Register provides a uniform system for makingavailable to the public regulations and legal notices issued byFederal agencies. These include Presidential proclamations andExecutive Orders, Federal agency documents having generalapplicability and legal effect, documents required to be publishedby act of Congress, and other Federal agency documents of publicinterest.Documents are on file for public inspection in the Office of theFederal Register the day before they are published, unless theissuing agency requests earlier filing. For a list of documentscurrently on file for public inspection, see http://www.nara.gov/fedreg.The seal of the National Archives and Records Administrationauthenticates the Federal Register as the official serial publicationestablished under the Federal Register Act. Under 44 U.S.C. 1507,the contents of the Federal Register shall be judicially noticed.The Federal Register is published in paper and on 24x microfiche.It is also available online at no charge as one of the databaseson GPO Access, a service of the U.S. Government Printing Office.The online edition of the Federal Register is issued under theauthority of the Administrative Committee of the Federal Registeras the official legal equivalent of the paper and microfiche editions(44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. eachday the Federal Register is published and it includes both textand graphics from Volume 59, Number 1 (January 2, 1994) forward.GPO Access users can choose to retrieve online Federal Registerdocuments as TEXT (ASCII text, graphics omitted), PDF (AdobePortable Document Format, including full text and all graphics),or SUMMARY (abbreviated text) files. Users should carefully checkretrieved material to ensure that documents were properlydownloaded.On the World Wide Web, connect to the Federal Register at http://www.access.gpo.gov/nara. Those without World Wide Web accesscan also connect with a local WAIS client, by Telnet toswais.access.gpo.gov, or by dialing (202) 512-1661 with a computerand modem. When using Telnet or modem, type swais, then login as guest with no password.For more information about GPO Access, contact the GPO AccessUser Support Team by E-mail at [email protected]; by fax at(202) 5121262; or call (202) 5121530 or 18882936498 (tollfree) between 7 a.m. and 5 p.m. Eastern time, MondayFriday,except Federal holidays.The annual subscription price for the Federal Register paperedition is $555, or $607 for a combined Federal Register, FederalRegister Index and List of CFR Sections Affected (LSA)subscription; the microfiche edition of the Federal Registerincluding the Federal Register Index and LSA is $220. Six monthsubscriptions are available for one-half the annual rate. The chargefor individual copies in paper form is $8.00 for each issue, or$8.00 for each group of pages as actually bound; or $1.50 foreach issue in microfiche form. All prices include regular domesticpostage and handling. International customers please add 25% forforeign handling. Remit check or money order, made payable tothe Superintendent of Documents, or charge to your GPO DepositAccount, VISA, MasterCard or Discover. Mail to: New Orders,Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA152507954.There are no restrictions on the republication of material appearingin the Federal Register.How To Cite This Publication: Use the volume number and thepage number. Example: 65 FR 12345.

SUBSCRIPTIONS AND COPIES

PUBLICSubscriptions:

Paper or fiche 2025121800Assistance with public subscriptions 5121806

General online information 2025121530; 18882936498Single copies/back copies:

Paper or fiche 5121800Assistance with public single copies 5121803

FEDERAL AGENCIESSubscriptions:

Paper or fiche 5235243Assistance with Federal agency subscriptions 5235243

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Contents Federal RegisterIII

Vol. 65, No. 28

Thursday, February 10, 2000

Agricultural Marketing ServiceRULESSpearmint oil produced in Far West, 65286531

Agricultural Research ServiceRULESNational Agricultural Library; loan and copying fees, 6526

6528

Agriculture DepartmentSee Agricultural Marketing ServiceSee Agricultural Research ServiceSee Animal and Plant Health Inspection ServiceSee Forest ServiceSee Natural Resources Conservation ServiceSee Rural Housing Service

Animal and Plant Health Inspection ServiceRULESPlant-related quarantine, domestic:

Gypsy moth, 65256526

Antitrust DivisionNOTICESNational cooperative research notifications:

Digital Imaging Group, Inc., 6631OBI Consortium, Inc., 6631Ohio Aerospace Institute Federated Intelligent Product

Environment Consortium, 6631Salutation Consortium, Inc., 6632Southwest Research Institute, 6632Telematics Suppliers Consortium, Inc., 6632UOP LLC et al., 66326633VSI Alliance, 6633

Centers for Disease Control and PreventionNOTICESAgency information collection activities:

Proposed collection; comment request, 66026606Submission for OMB review; comment request, 6606

6607Grants and cooperative agreements; availability, etc.:

Childhood Lead Poisoning Prevention Programs, 66076613

Civil Rights CommissionNOTICESMeetings; Sunshine Act, 6585

Commerce DepartmentSee International Trade AdministrationSee National Oceanic and Atmospheric Administration

Commodity Futures Trading CommissionPROPOSED RULESCommodity Exchange Act:

Minimum financial requirements for futures commissionmerchants and introducing brokers, 65696573

NOTICESContract market proposals:

Minneapolis Grain ExchangeDurum wheat; quality specifications, 65916592

Copyright Office, Library of CongressPROPOSED RULESDigital Millennium Copyright Act:

Circumvention of copyright protection systems for accesscontrol technologies; exemption to prohibition,65736574

Customs ServiceNOTICESAutomation program test:

Prototype conclusion, 6688

Defense DepartmentSee Navy DepartmentRULESAcquisition regulations:

Class deviation authority delegation, 65516552Government-unique specifications and standards; offeror

alternatives (OMB Circular A-119), 6553Mentor-protege program improvements, 65546561Peoples Republic of China, 65536554

PROPOSED RULESAcquisition regulations:

Contract drawings, maps, and specifications, 65746575Profit policy, 6574

NOTICESMeetings:

Science Board task forces, 6592

Drug Enforcement AdministrationNOTICESSchedules of controlled substances; production quotas:

Schedules I and II2000 aggregate, 66356637

Applications, hearings, determinations, etc.:Cedarburg Laboratories, Inc., 6633Chattem Chemicals, Inc., 6633Chirex Technology Center, Inc., 6634Ganes Chemicals Inc., 6634High Standard Products, 6634Irix Pharmaceuticals, Inc., 66346635LifePoint, Inc., 6635

Education DepartmentNOTICESAgency information collection activities:

Proposed collection; comment request, 65936594Grants and cooperative agreements; availability, etc.:

Elementary and secondary educationAdvanced Placement Incentive Program, 68726873

Meetings:Federal Interagency Coordinating Council, 6594Postsecondary Education Improvement Fund National

Board, 65946595

Energy DepartmentSee Federal Energy Regulatory Commission

Environmental Protection AgencyRULESAir pollution control; new motor vehicles and engines:

Tier 2 motor vehicle emission standards and gasolinesulfur control requirements, 66986870

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IV Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Contents

Executive Office of the PresidentSee Presidential Documents

Federal Aviation AdministrationRULESAirworthiness directives:

Boeing, 65346535General Electric Co., 65336534

Class C airspace, 65356536PROPOSED RULESAirworthiness directives:

Airbus, 65636564, 65666569Bombardier, 65656566

NOTICESMeetings:

Controller Pilot Data Link Communications Industry Day,66866687

RTCA, Inc., 6687

Federal Communications CommissionRULESRadio services, special:

Amateur servicesOperator license structure simplification, etc., 6548

6551Television broadcasting:

Digital television spectrum; ancillary or supplementaryuse; fees, 65446548

NOTICESAgency information collection activities:


6601

Federal Energy Regulatory CommissionNOTICESElectric rate and corporate regulation filings:

Cook Inlet Energy Supply L.P. et al., 65966598Environmental statements; notice of intent:

Trans-Union Interstate Pipeline, L.P., 65986599Applications, hearings, determinations, etc.:

ANR Pipeline Co., 6595Maritimes & Northeast Pipeline, L.L.C., 6595Midwestern Gas Transmission Co., 6595Pacific Gas & Electric Co., 65956596Petal Gas Storage Co., 6596Williston Basin Interstate Pipeline Co., 6596

Federal Reserve SystemRULESExtensions of credit by Federal Reserve banks (Regulation

A):Discount rate change, 65316533

NOTICESBanks and bank holding companies:

Change in bank control, 6601Formations, acquisitions, and mergers, 6601Permissible nonbanking activities, 66016602

Federal Trade CommissionNOTICESMeetings:

Online Access and Security Advisory Committee, 6602

Fish and Wildlife ServiceNOTICESEndangered and threatened species permit applications,

66186619

Marine mammals:Incidental taking; authorization letters, etc.

King and Kittitas Counties, WA; Plum Creek TimberCo.; habitat conservation plan, 6590

Food and Drug AdministrationNOTICESAgency information collection activities:

Reporting and recordkeeping requirements, 6613Meetings:

Pharmaceutical Science Advisory Committee, 66136614

Forest ServiceNOTICESAgency information collection activities:

Proposed collection; comment request, 65796580Environmental statements; notice of intent:

Bitterroot National Forest, MT, 65806581Umatilla National Forest, OR, 65826583Wasatch-Cache National Forest, UT, 65836584

Meetings:Lake Tahoe Basin Federal Advisory Committee, 6584

Health and Human Services DepartmentSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee Health Care Financing AdministrationSee Substance Abuse and Mental Health Services

Administration

Health Care Financing AdministrationNOTICESAgency information collection activities:

Proposed collection; comment request, 6614

Housing and Urban Development DepartmentNOTICESAgency information collection activities:


Interior DepartmentSee Fish and Wildlife ServiceSee Land Management BureauSee Minerals Management ServiceSee National Park ServiceSee Reclamation BureauSee Surface Mining Reclamation and Enforcement Office

Internal Revenue ServiceNOTICESAgency information collection activities:


International Trade AdministrationNOTICESAntidumping:

Cut-to-length carbon-quality steel plate products fromVarious countries, 65856587

Countervailing duties:Cut-to-length carbon-quality steel plate products from

Various countries, 65876589Export trade certificates of review, 65896590

International Trade CommissionNOTICESImport investigations:

Cold-rolled steel products fromVarious countries, 6624


VFederal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Contents

Cut-to-length steel plate fromVarious countries, 66246625

Excimer laser systems for vision correction surgery andcomponents and methods for performing suchsurgery, 66256626

Heavy forged handtools fromChina, 66266627

Industrial belts fromVarious countries, 66276628

Magnesium fromCanada, 66286629

Justice DepartmentSee Antitrust DivisionSee Drug Enforcement AdministrationNOTICESPollution control; consent judgments:

Anthony DellAquila Enterprises et al., 6630Cornell University, 6630Raymark Industries, Inc., 66306631

Land Management BureauNOTICESEnvironmental statements; availability, etc.:

Sonoran Pronghorn Forage Enhancement Project, AZ,6619

Meetings:Resource Advisory Councils

John Day-Snake, 6620Western Montana, 66196620

Libraries and Information Science, National CommissionSee National Commission on Libraries and Information

Science

Library of CongressSee Copyright Office, Library of Congress

Minerals Management ServiceRULESOuter Continental Shelf; oil, gas, and sulphur operations:

Postlease operations safety; update and clarification;correction, 6536

National Commission on Libraries and InformationScience

NOTICESMeetings; Sunshine Act, 6637

National Council on DisabilityNOTICESCommittees; establishment, renewal, termination, etc.:

Youth Advisory Committee, 6637

National Credit Union AdministrationNOTICESAgency information collection activities:

Submission for OMB review; comment request, 66376638

National Oceanic and Atmospheric AdministrationRULESFishery conservation and management:

Alaska; fisheries of Exclusive Economic ZonePacific cod, 65616562Pollock; steller sea lion protection measures;

correction, 6561

PROPOSED RULESFishery conservation and management:

Northeastern United States fisheriesAtlantic herring, 65756577

West Coast States and Western Pacific fisheriesPacific Coast groundfish, 65776578

NOTICESMarine mammals:

Incidental taking; authorization letters, etc.King and Kittitas Counties, WA; Plum Creek Timber

Co.; habitat conservation plan, 6590Meetings:

International Commission for Conservation of AtlanticTunas, U.S. Section Advisory Committee, 6591

National Park ServiceNOTICESCommittees; establishment, renewal, termination, etc.:

Native American Graves Protection and RepatriationReview Committee, 6620

Meetings:Going-to-the-Sun Road Advisory Committee, 66206621Native American Graves Protection and Repatriation

Review Committee, 6621Native American Graves Protection and Repatriation

Review Committee; findings and recommendations,66216622

Native American human remains and associated funeraryobjects:

Virginia Department of Historic Resources, VA; inventoryfrom Rockbridge County, VA, 66226623

Natural Resources Conservation ServiceNOTICESField office technical guides; changes:

Iowa, 6584

Navy DepartmentNOTICESBase realignment and closure:

Surplus Federal PropertyNaval Air Station, Key West, FL, 65926593

Meetings:Naval Postgraduate School Board of Advisors to

Superintendent, 6593

Nuclear Regulatory CommissionNOTICESMeetings; Sunshine Act, 6643Regulatory guides; issuance, availability, and withdrawal,

6644Applications, hearings, determinations, etc.:

Consumers Energy Co., 6638Hydro Resources, Inc., 6638Indiana Michigan Power Co., 66386640Northeast Nuclear Energy Co. et al., 66406641Northern States Power Co., 66416643

Postal Rate CommissionRULESPractice and procedure:

Proceedings; efficiency and effectiveness improvement;electronic filing, etc., 65366544

Presidential DocumentsEXECUTIVE ORDERSGovernment agencies and employees:

Genetic information; prohibiting discrimination inFederal employment (EO 13145), 68756880


VI Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Contents

ADMINISTRATIVE ORDERSSoviet Union, Independent States of the Former; assistance

(Presidential Determination No. 2000-11 of February 1,2000), 6523

Public Health ServiceSee Centers for Disease Control and PreventionSee Food and Drug AdministrationSee Substance Abuse and Mental Health Services

Administration

Railroad Retirement BoardNOTICESAgency information collection activities:


Reclamation BureauNOTICESPatent licenses; non-exclusive, exclusive, or partially

exclusive:Amortec, 6623

Rural Housing ServiceNOTICESGrants and cooperative agreements; availability, etc.:

Section 538 Guaranteed Rural Rental Housing Program;correction, 6585

Securities and Exchange CommissionNOTICESAgency information collection activities:

Proposed collection; comment request, 66446645Investment Company Act of 1940:

Exemption applicationsFirst American Investment Funds, Inc., et al., 6645

6647Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 66476665Chicago Board Options Exchange, Inc., 66656669Municipal Securities Rulemaking Board, 66696673New York Stock Exchange, Inc., 66736675Pacific Exchange, Inc., 66756680Philadelphia Stock Exchange, Inc., 66806684

Small Business AdministrationNOTICESDisaster and emergency areas:

Kentucky, 6684

Social Security AdministrationNOTICESAgency information collection activities:

Proposed collection and submission for OMB review;comment request, 66846685

State DepartmentNOTICESMeetings:

2000 International Telecommunication Union WorldRadiocommunication Conference; preparatorymeeting, 6685

Cultural Property Advisory Committee, 66856686

Substance Abuse and Mental Health ServicesAdministration

NOTICESAgency information collection activities:

Proposed collection; comment request, 66146615Meetings:

Grant programs technical assistance workshops, 66156616

Surface Mining Reclamation and Enforcement OfficeNOTICESAgency information collection activities:

Submission for OMB review; comment request, 66236624

Surface Transportation BoardNOTICESRailroad operation, acquisition, construction, etc.:

Pennsylvania Lines LLC, 66876688

Transportation DepartmentSee Federal Aviation AdministrationSee Surface Transportation BoardNOTICESAviation proceedings:

Agreements filed; weekly receipts, 6686

Treasury DepartmentSee Customs ServiceSee Internal Revenue Service

Separate Parts In This Issue

Part IIEnvironmental Protection Agency, 66976870

Part IIIDepartment of Education, 68716873

Part IVThe President, 68756880

Reader AidsConsult the Reader Aids section at the end of this issue forphone numbers, online resources, finding aids, reminders,and notice of recently enacted public laws.


CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in theReader Aids section at the end of this issue.

VIIFederal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Contents

3 CFRAdministrative Orders:Presidential Determinations:No. 200011 of

February 1, 2000 ...........6523Executives Orders:13145.................................6523

7 CFR301.....................................6525505.....................................6526985.....................................6528

12 CFR201.....................................6531

14 CFR39 (2 documents) .............6533,

653471.......................................6535Proposed Rules:39 (3 documents) .............6563,

6565, 6566

17 CFRProposed Rules:1.........................................6569

30 CFR250.....................................6536

37 CFRProposed Rules:201.....................................6573

39 CFR3001...................................6536

40 CFR80.......................................669885.......................................669886.......................................6698

47 CFR73.......................................654497.......................................6548

48 CFRCH. 2 .................................6554201.....................................6551211.....................................6553212.....................................6553219.....................................6554225 (2 documents) ...........6551,

6553252.....................................6553Proposed Rules:215.....................................6574252.....................................6574

50 CFR679 (2 documents) ............6561Proposed Rules:648.....................................6575660.....................................6577

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Presidential Documents

1

Federal Register

Vol. 65, No. 28


Title 3

The President

Presidential Determination No. 200011 of February 1, 2000

Assistance Program for the Independent States of the FormerSoviet Union

Memorandum for the Secretary of State

Pursuant to subsection 517(b) in title V of the Foreign Operations, ExportFinancing, and Related Programs Appropriations Act, 2000 (Public Law 106113), I hereby determine that it is in the national security interest of theUnited States to make available funds appropriated under the heading As-sistance for the Independent States of the Former Soviet Union in titleII of that Act without regard to the restriction in that subsection.

You are directed to report this determination to the Congress and publishit in the Federal Register.

THE WHITE HOUSE,Washington, February 1, 2000.

[FR Doc. 003289

Filed 2900; 8:45 am]

Billing code 471010M

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This section of the FEDERAL REGISTERcontains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold bythe Superintendent of Documents. Prices ofnew books are listed in the first FEDERALREGISTER issue of each week.

Rules and Regulations Federal Register6525

Vol. 65, No. 28


DEPARTMENT OF AGRICULTURE

Animal and Plant Health InspectionService

7 CFR Part 301

[Docket No. 990422]

Gypsy Moth Generally Infested Areas

AGENCY: Animal and Plant HealthInspection Service, USDA.ACTION: Affirmation of interim rule asfinal rule.

SUMMARY: We are adopting as a finalrule, without change, an interim rulethat amended the gypsy mothregulations by adding 4 counties inIndiana, 6 counties in Michigan, 11counties in Ohio, 4 cities and 3 countiesin Virginia, and 2 counties in Wisconsinto the list of generally infested areas. Asa result of the interim rule, the interstatemovement of regulated articles fromthose areas is restricted. The interimrule was necessary to prevent theartificial spread of the gypsy moth tononinfested States.EFFECTIVE DATE: The interim rulebecame effective on July 27, 1999.FOR FURTHER INFORMATION CONTACT: Ms.Coanne E. OHern, Operations Officer,Invasive Species and Pest ManagementStaff, PPQ, APHIS, 4700 River RoadUnit 134, Riverdale, MD 207371236;(301) 7348247.SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective andpublished in the Federal Register onJuly 27, 1999 (64 FR 4050940511,Docket No. 990421), we amended thegypsy moth regulations in 7 CFR part301 by adding 4 counties in Indiana, 6counties in Michigan, 11 counties inOhio, 4 cities and 3 counties in Virginia,and 2 counties in Wisconsin to the listin 301.453(a) of generally infested

areas. As a result of the interim rule, theinterstate movement of regulatedarticles from those areas is restricted.The interim rule was necessary toprevent the artificial spread of the gypsymoth to noninfested States.

Comments on the interim rule wererequired to be received on or beforeSeptember 27, 1999. We did not receiveany comments. Therefore, for thereasons given in the interim rule, we areadopting the interim rule as a final rule.

This action also affirms theinformation contained in the interimrule concerning Executive Orders 12372and 12988 and the PaperworkReduction Act.

Further, for this action, the Office ofManagement and Budget has waived thereview process required by ExecutiveOrder 12866.

Regulatory Flexibility ActThis rule affirms an interim rule that

amended the gypsy moth regulations byadding 4 counties in Indiana, 6 countiesin Michigan, 11 counties in Ohio, 4cities and 3 counties in Virginia, and 2counties in Wisconsin to the list ofgenerally infested areas. As a result ofthe interim rule, the interstatemovement of regulated articles fromthose areas is restricted. The interimrule was necessary to prevent theartificial spread of the gypsy moth tononinfested States.

The following analysis addresses theeconomic effect of the interim rule onsmall entities, as required by theRegulatory Flexibility Act.

This action affects the interstatemovement of regulated articles andoutdoor household articles (OHAs)from and through areas in Indiana,Michigan, Ohio, Virginia, andWisconsin that are newly regulated forgypsy moth. There are several types ofrestrictions that apply to the newlyregulated areas. These restrictions willhave their primary effect on personsmoving OHAs, nursery stock, Christmastrees, logs and wood chips, and mobilehomes interstate from a generallyinfested area to any area that is notgenerally infested.

Under the regulations, OHAs may notbe moved interstate from a generallyinfested area into or through anoninfested area unless they areaccompanied by either a certificateissued by an inspector or an OHAdocument issued by the owner of thearticles, attesting to the absence of all

life stages of the gypsy moth. Mostindividual homeowners moving theirown articles who comply with theregulations choose to self-inspect andissue an OHA document. This takes afew minutes and involves no monetarycost. Individuals may also have State-certified pesticide applicators, trainedby the State or U.S. Department ofAgriculture (USDA), inspect and issuecertificates.

Generally, regulated articles (such aslogs, pulpwood, wood chips, mobilehomes, nursery stock, and Christmastrees) may only be moved interstatefrom a generally infested area if they areaccompanied by a certificate or limitedpermit issued by an inspector. However,logs, wood chips, and pulpwood may bemoved without a certificate or limitedpermit if the person moving the articlesattaches a statement to the waybillstating that he or she has inspected thearticles and has found them free of alllife stages of the gypsy moth. Thisexception minimizes the costs ofmoving logs, pulpwood, and woodchips interstate. Regulated articles mayalso be moved interstate from agenerally infested area without acertificate if they are moved by the U.S.Department of Agriculture forexperimental or scientific purposes andthey are accompanied by a permitissued by the Administrator of theAnimal and Plant Health InspectionService.

Persons moving regulated articlesinterstate from a generally infested areamay obtain a certificate or limitedpermit from an inspector or a qualifiedcertified applicator. Inspectors willissue these documents at no charge, butcosts may result from delaying themovement of commercial articles whilewaiting for the inspection. Certificatesfor interstate movement of mobilehomes from a generally infested areamay also be obtained from qualifiedcertified applicators.

When inspection of regulated articlesor OHAs reveals gypsy moth, treatmentis often necessary. The preferredtreatment, scraping egg masses andspraying caterpillars, costs $10 to $30per shipment on average. Fumigation isanother alternative, but it is moreexpensive, at $75 to $100 per shipment,and it may damage the shipment.Treatment is done by qualified certifiedapplicators, most of which are smallbusinesses. These businesses might

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6526 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

experience a slight increase in incomeas a result of the interim rule.

Nurseries and Christmas tree growersthat move a substantial number ofshipments interstate from the generallyinfested areas would be able tominimize treatment costs by treatingtheir premises for gypsy moths under acompliance agreement with USDA.Treatment would cost businessesbetween $10 and $20 per acre. Thisalternative would enable nurseries andChristmas tree growers to issue theirown certificates for interstate shipmentsand would be less costly than treatingindividual shipments. The entities thatwould be most likely to choose thisalternative are nurseries that move asubstantial number of shipmentsinterstate from the generally infestedareas and that treat their premises forother pests in addition to the gypsymoth. Producers that do not operateunder a compliance agreement withAPHIS, but that treat their premisesunder this option, would receivecertification for each shipment from aninspector.

There are approximately 687 entitiesin the newly regulated areas that willincur costs from the interim rule. Theseentities include 286 nurseries, 179Christmas tree growers, 85 loggers, and41 sawmills. The vast majority of theseentities are small businesses.

Approximately 100 of the affectedentities are in Indiana. These entitiesinclude 70 nurseries, 20 loggers, and 10Christmas tree growers. Nurseries inIndiana sold an average of $127,206worth of crops in 1997, and Christmastree growers had average sales of$16,332. Average sales figures forloggers and sawmills in Indiana are notavailable, but nationwide, loggers andsawmills averaged sales of $3.3 millionin 1992. Only about 10 percent of theaffected entities shipments are expectedto leave the generally infested area, andonly half of those, or 5 percent overall,will require treatment.

Approximately 187 of the affectedentities are in Michigan. There areapproximately 19 nurseries and 168Christmas tree growers in the newlyregulated areas. We do not expect thatany treatments will be necessary forshipments from the newly regulatedareas in Michigan because gypsy mothpopulations are low in those areas dueto climatic conditions. However, time,salary, and recordkeeping costs for self-inspections will be incurred forshipments leaving the regulated areas.We estimate that 50 percent of theChristmas trees, 20 percent of the logs,and less than 2 percent of the nurserystock produced in the newly regulatedareas are shipped interstate to

noninfested areas. Nurseries andChristmas tree growers will also incur a$30 per acre fee for gypsy mothinspections, which are mandated by theState as a licensing requirement. Thisinspection fee represents about 1.5percent of the average per-acre value ofsales of harvested cut Christmas trees inMichigan in 1997.

Approximately 240 of the affectedentities are in Ohio, including 135nurseries, at least 96 Christmas treegrowers, and 9 sawmills. Nurseries inthe newly regulated areas had averagesales of $19,218 in 1997, whileChristmas tree growers averaged$22,505. Sawmills averaged $1.7 millionin shipments in 1992, indicating that atleast some of them are not smallbusinesses. We do not know how manyshipments are likely to be shipped outof the newly regulated areas in Ohio.

There are approximately 98 affectedentities in Virginia and 62 affectedentities in Wisconsin. However, we donot anticipate any additional costs forentities in the newly regulated areas inVirginia and Wisconsin since they donot send shipments interstate from thegenerally infested areas.

Under these circumstances, theAdministrator of the Animal and PlantHealth Inspection Service hasdetermined that this action will nothave a significant economic impact ona substantial number of small entities.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plantdiseases and pests, Quarantine,Reporting and recordkeepingrequirements, Transportation.

PART 301DOMESTIC QUARANTINENOTICES

Accordingly, we are adopting as afinal rule, without change, the interimrule that amended 7 CFR part 301 andthat was published at 64 FR 4050940511 on July 27, 1999.

Authority: 7 U.S.C.147a, 150bb, 150dd,150ee, 150ff, 161, 162, and 164167; 7 CFR2.22, 2.80, and 371.2(c).

Done in Washington, DC, this 4th day ofFebruary, 2000.

Richard L. Dunkle,Acting Administrator, Animal and PlantHealth Inspection Service.[FR Doc. 003076 Filed 2900; 8:45 am]

BILLING CODE 341034P


Agricultural Research Service

7 CFR Part 505

National Agricultural Library Fees forLoans and Copying

AGENCY: Agricultural Research Service,USDA.ACTION: Final rule.

SUMMARY: The Department ofAgriculture (USDA) is establishing a feeschedule for loans of materials, andestablishing a fee schedule for copyingof materials from the collections of theNational Agricultural Library. Feesgenerated will be used to defray costs ofdocument delivery and maintenance ofthe collection.DATES: Effective April 1, 2000.ADDRESSES: Address all correspondenceto Eileen McVey, Access ServicesLibrarian, Document Delivery ServicesBranch, National Agricultural Library,Agricultural Research Service, Room300, 10301 Baltimore Ave., BeltsvilleMD 207052351. Telephone: 301504-6503. Email: [email protected] FURTHER INFORMATION CONTACT:Carol Ditzler, Head Document DeliveryServices Branch, National AgriculturalLibrary, Agricultural Research Service,Room 300, 10301 Baltimore Ave.,Beltsville MD 207052351.SUPPLEMENTARY INFORMATION: This rulewas published as a proposed rule forcomment on August 16, 1999. Twocomments were received. One commentindicated that fee changes werereasonable and that the price increasewas viewed as having a positive effectupon the ability of patrons to obtainmaterials. The second comment viewedthe increase in fees as excessive in termsof photocopying. The NationalAgricultural Library believes the fees arecomparable to those of other researchlibraries. A random sampling of 15academic and research libraries that docharge flat fees indicated a photocopycharge that ranged from a low of $8.00when using OCLC IFM service to a highof $25.00 for non-IFM requests. (IFM isa service provided by the OnlineComputer Library Center (OCLC) inDublin, Ohio, which credits and debitscharges for libraries that participateresulting in a reduction of costs forinvoicing.) The library, therefore,considers a flat fee of $13.00 forphotocopies on the low side of a mediancost for such services.

ClassificationThis rule has been reviewed under

Executive Order 12866, and it has been


6527Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

determined that it is not a significantregulatory action rule because it willnot have an annual effect on theeconomy of $100 million or more oradversely and materially affect a sectorof the economy, productivity,competition, jobs, the environment,public health or safety, or State, local,or Tribal governments or communities.This rule will not create any seriousinconsistencies or otherwise interferewith actions taken or planned byanother agency. It will not materiallyalter the budgetary impact ofentitlement, grants or user fees, or loanprograms, or the rights and obligationsof recipients thereof, and does not raisenovel legal or policy issues arising outof legal mandates, the Presidentsspriorities, or principles set forth inExecutive Order 12866.

Regulatory Flexibility Act

The Department of Agriculturecertifies that this rule will not have asignificant impact on a substantialnumber of small entities as defined inthe Regulatory Flexibility Act, Pub. L.No. 96-534, as amended (5 U.S.C. 601,et seq.).

Paperwork Reduction Act

In accordance with the Office ofManagement and Budget (OMB)regulations (5 CFR part 1320) whichimplement the Paperwork ReductionAct of 1995 (44 U.S.C. chapter 35), theinformation collection and recordkeeping requirements that will beimposed in implementation of thisproposed rule have been submitted toOMB. This collection was approved byOMB on September 30, 1999, with OMBNO.: 05180027 and an expiration dateof 09/30/2002.

Background

Section 1410A of the NationalAgricultural Research, Extension, andTeaching Policy Act of 1977 (7 U.S.C.3125a), as added by section 1606(a) ofPub. L. 101624, expanded existingstatutory authorities for the NAL. Inparticular, section 1410A(e) authorizedthe NAL Director to make copies of NALbibliographies, to make microforms andother reproductions of books and otherlibrary materials in USDA, to provideany other library and informationproducts and services, and to sell thoseproducts and services at such price (notless than the total costs of disseminatingthe products and services) as theSecretary of Agriculture deemsappropriate. Receipts from such salesmust be deposited to the credit ofappropriations available to the NAL andremain available until expended.

Currently, USDA regulations (7 CFRpart 1, Appendix A) supply a feeschedule for copying of NAL materialsrequested under the Freedom ofInformation Act (FOIA), 5 U.S.C. 552.NAL in this regulation adopts a feeschedule for copying of NAL materialspursuant to interlibrary loan or otherresearch requests, and to cover the costsof interlibrary loans of materials fromNAL collections.

Fee Schedule for Loans of MaterialsFrom the NAL Collection

The NAL will charge fees forinterlibrary loans of original materialsfrom the NAL collection to other non-Federal and non-USDA libraries andinstitutions in the United States andCanada. By original materials, it ismeant that NAL will provide loans oforiginal works, and not copies, except inrare instances where works are toofragile or valuable for shipment.Libraries are encouraged to obtainmaterials locally and to view the NALas a library of last resort. Loans directlyto individuals are not permitted.

A flat fee per loaned item will becharged. Fees generated will be used torecover actual processing costs and tooffset general wear and tear on thecollection when items are loaned. Theamount is based on a study of currentlibrary costs and market comparisons.There will be no charge for renewals.

Costs for replacement of lost ordamaged materials will be the actualcost to purchase a replacement or a flatfee if the exact cost cannot bedetermined. A processing cost will beadded to all lost or damaged materials.

Fee Schedule for Paper Copying,Duplication, and Reproduction Servicesfrom the NAL Collection

The NAL will charge a fee forphotocopying and reproduction servicesseparate from the fee scheduleapplicable to FOIA requests under 7CFR part 1, Appendix A, for papercopying, duplication, and reproductionservices provided to non-USDA andnon-federal libraries and institutions inthe United States. These services will beprovided only in response to aninterlibrary loan request from a library.Use of the interlibrary loan systemensures that NAL receives the request inan appropriate form and format forresponse. In some exceptions, serviceswill be provided for requests fromindividuals who have not been able toobtain materials through their localresources or who have made specialarrangements with the SpecialCollections section using their forms.

Copying of articles is subject to amaximum limitation of 50 pages per

article for purposes of copyrightcompliance. This is based on CONTUGuidelines (National Commission onNew Technological Uses of CopyrightWorks), and the Code of FederalRegulations (Title 17, and Title 37,Volume 1).

The NAL will charge in its scheduleof fees for photocopying of papermaterials and paper copying ofmicrofiche or microfilm. NAL isswitching from a per page-based chargeto a per item flat fee because,historically, the average request isbetween 10 and 20 pages. Establishinga flat fee allows the customer to estimatetheir costs more effectively and allowsthe library to eliminate the cost ofmultiple steps currently necessary indetermining pro-rated fees. Feesestablished are based on actual costs(staffing, contract costs, supplies, copiermaintenance, normal wear and tear onthe collection, delivery costs, etc.) aswell as based on a review of comparablefees across the nation charged by otherresearch and academic libraries. All feeswill apply to non-USDA and non-federal library requests that meetstandard interlibrary loan formatrequirements and apply to copying ofmaterials from the NAL collectionsonly.

NAL also will charge a flat rate for thecosts of duplication of NAL ownedmicrofiche and microfilm. Photographicservices from NAL Special Collectionswill be charged at cost for reproductionof the photo product, plus a flat rate forpreparation costs.

Payment Submission Requirements

The National Technical InformationService (NTIS) within the United StatesDepartment of Commerce provides anumber of services to Federal Agencies,one of which is billing and collectionservices. NAL uses NTIS as thepreferred method for invoicing andpayment of fees under this fee schedule.Use of NTIS by NAL is preferredbecause it is the only agency currentlyproviding this service to Federal offices.NAL encourages institutional users toestablish deposit accounts with NTIS ifneeded. Payment for services will bemade by check, money order or creditcard in U.S. funds directly to the NTISupon receipt of an invoice from NTIS.Subject to service charges for the actualcosts of performing the invoicingservice, funds received by NTIS will bereturned to NAL to the credit of theappropriation account charged with thecosts of providing the loan or copyingservice.




Agricultural research, Agriculture,Libraries, Research, User fees.

For the reasons set out in thepreamble, chapter V of Title 7 of theCode of Federal Regulations is amendedas set forth below:

Part 505 is added to read as follows:

PART 505NATIONALAGRICULTURAL LIBRARY FEES FORLOANS AND COPYING

Sec.505.1 Scope and purpose.505.2 Fees for loans of materials in library

collections.505.3 Fees for copying, duplicating, and

reproduction of materials in librarycollections.

505.4 Reserved.505.5 Reserved.505.6 Payment of fees.

Authority: 5 U.S.C. 301; 7 U.S.C. 3125a.

505.1 Scope and purpose.

These regulations establish fees forloans, paper copying, duplication, orreproduction of materials in thecollections of the National AgriculturalLibrary (NAL) within the United StatesDepartment of Agriculture (USDA).

505.2 Fees for loans of materials inlibrary collections.

(a) NAL will make loans of originalmaterials from its collections, andcharge fees for such loans, to other non-Federal and non-USDA libraries andinstitutions in the United States andCanada only. Loans will not be madedirectly to individuals.

(b) Loans will be made at a flat fee of$15.00 per loaned item.

(c) Cost for replacement of lost ordamaged items will be the actual cost topurchase a replacement plus a $50.00processing fee; or if the cost cannot bedetermined, a flat rate of $75.00 formonographs or $150.00 for audiovisualsper item, plus a $50.00 processing fee.

(d) All services in this section willincur a billing surcharge per invoicegenerated in addition to the above feeswhich may change as vendors chargeschange. This fee, currently $10.00, isbilled as a direct cost recovery based oncharges to the library by the billingvendor. Interlibrary loan requestssubmitted by participants in the ILL FeeManagement (IFM) program under theOnline Computer Library Center, Inc.(OCLC) will not incur the billingsurcharge as their activities will notgenerate an invoice.

505.3 Fees for paper copying,duplicating, and reproduction of materialsin library collections.

(a) Photocopy reproduction of papercopy will be set as a flat fee of $13.00for domestic requests and $16.00 forinternational requests for eachdocument requested with a maximum of50 pages per article for copyrightcompliance. Materials delivered tointernational addresses via the Internetwill be charged at the domestic rate.Photocopy reproduction of paper copythat requires special handling due tosize or condition will incur specialhandling fees to recover costs at $20.00per half hour or fraction thereof.

(b) Paper copies of microfilm ormicrofiche will be produced at a flat feeof $13.00 for requests delivereddomestically and $16.00 for requestsrequiring delivery to a internationaladdress. This charge is for eachdocument requested with a maximum of50 pages per article for copyrightcompliance.

(c) Duplication of NAL ownedmicrofiche will be charged a flat fee of$13.00 per each 5 microfiche duplicatedor fraction thereof. Duplication of NALowned microfilm will be charged a flatfee of $20.00 for each reel produced.

(d) Photographic services from NALSpecial Collections will be charged atcost for reproduction of the photoproduct (slides, transparencies, etc.)plus a preparation fee of $25.00 per halfhour or fraction thereof.

(e) All services in this section willincur a billing surcharge, currently$10.00, per invoice generated inaddition to the above fees. This fee is adirect cost recovery based on charges tothe library by the billing vendor and issubject to change. Interlibrary loanrequests submitted by participants inthe IFM program on OCLC will notincur the billing surcharge as theiractivities will not generate an invoice.

505.4 Reserved.

505.5 Reserved.

505.6 Payment of fees.

Charges which include billing andhandling will be invoiced quarterly bythe National Technical InformationService (NTIS) of the United StatesDepartment of Commerce. The NALencourages users to establish depositaccounts with NTIS. Payment forservices will be made by check, moneyorder or credit card in U.S. fundsdirectly to the NTIS upon receipt ofinvoice from NTIS. Subject to areduction for the actual costs ofperforming the invoicing service byNTIS, all funds received will be

returned to NAL for credit to theappropriations account charged with thecost of processing the loan or copyingrequest.

Done at Washington, D.C.Edward B. Knipling,Acting Administrator, Agricultural ResearchService.[FR Doc. 002875 Filed 2900; 8:45 am]BILLING CODE 341003P


Agricultural Marketing Service

7 CFR Part 985

[Docket No. FV009853 IFR]

Marketing Order Regulating theHandling of Spearmint Oil Produced inthe Far West; Revision of the SalableQuantity and Allotment Percentage forClass 3 (Native) Spearmint Oil for the19992000 Marketing Year

AGENCY: Agricultural Marketing Service,USDA.ACTION: Interim final rule with requestfor comments.

SUMMARY: This rule increases thequantity of Class 3 (Native) spearmintoil produced in the Far West thathandlers may purchase from, or handlefor, producers during the 19992000marketing year. This interim final ruleincreases the Native spearmint oilsalable quantity by 102,311 poundsfrom 1,125,755 pounds to 1,228,066pounds, and the allotment percentageby 5 percent from 55 percent to 60percent. The Spearmint OilAdministrative Committee (Committee),the agency responsible for localadministration of the marketing orderfor spearmint oil produced in the FarWest, recommended this rule to avoidextreme fluctuations in supplies andprices and thus help to maintainstability in the Far West spearmint oilmarket.DATES: Effective on February 11, 2000through May 31, 2000; commentsreceived by April 10, 2000 will beconsidered prior to issuance of a finalrule.

ADDRESSES: Interested persons areinvited to submit written commentsconcerning this rule. Comments must besent to the Docket Clerk, Fruit andVegetable Programs, AMS, USDA, room2525S, P.O. Box 96456, Washington,DC 200906456; Fax: (202) 7205698, orE-mail: [email protected]. Allcomments should reference the docketnumber and the date and page numberof this issue of the Federal Register and



will be made available for publicinspection in the Office of the DocketClerk during regular business hours.FOR FURTHER INFORMATION CONTACT:Robert J. Curry, Northwest MarketingField Office, Marketing OrderAdministration Branch, Fruit andVegetable Programs, AMS, USDA, 1220SW Third Avenue, room 369, Portland,Oregon 972042807; telephone: (503)3262724, Fax: (503) 3267440; orGeorge Kelhart, Technical Advisor,Marketing Order AdministrationBranch, Fruit and Vegetable Programs,AMS, USDA, room 2525S, P.O. Box96456, Washington, DC 200906456;telephone: (202) 7202491, Fax: (202)7205698.

Small businesses may requestinformation on complying with thisregulation by contacting Jay Guerber,Marketing Order AdministrationBranch, Fruit and Vegetable Programs,AMS, USDA, room 2525S, P.O. Box96456, Washington, DC 200906456;telephone (202) 7202491; Fax: (202)7205698, or E-mail:[email protected].

SUPPLEMENTARY INFORMATION: This ruleis issued under Marketing Order No.985 (7 CFR Part 985), regulating thehandling of spearmint oil produced inthe Far West (Washington, Idaho,Oregon, and designated parts of Nevada,and Utah), hereinafter referred to as theorder. This order is effective underthe Agricultural Marketing AgreementAct of 1937, as amended (7 U.S.C. 601674), hereinafter referred to as theAct.

The Department of Agriculture(Department) is issuing this rule inconformance with Executive Order12866.

This rule has been reviewed underExecutive Order 12988, Civil JusticeReform. Under the provisions of themarketing order now in effect, salablequantities and allotment percentagesmay be established for classes ofspearmint oil produced in the Far West.This rule increases the quantity ofNative spearmint oil produced in theFar West that may be purchased from orhandled for producers by handlersduring the 19992000 marketing year,which ends on May 31, 2000. This rulewill not preempt any State or local laws,regulations, or policies, unless theypresent an irreconcilable conflict withthis rule.

The Act provides that administrativeproceedings must be exhausted beforeparties may file suit in court. Undersection 608c(15)(A) of the Act, anyhandler subject to an order may filewith the Secretary a petition stating thatthe order, any provision of the order, or

any obligation imposed in connectionwith the order is not in accordance withlaw and request a modification of theorder or to be exempted therefrom. Ahandler is afforded the opportunity fora hearing on the petition. After thehearing the Secretary would rule on thepetition. The Act provides that thedistrict court of the United States in anydistrict in which the handler is aninhabitant, or has his or her principalplace of business, has jurisdiction toreview the Secretarys ruling on thepetition, provided an action is filed notlater than 20 days after the date of theentry of the ruling.

The U.S. production of spearmint oilis concentrated in the Far West,primarily Washington, Idaho, andOregon (part of the area covered by theorder). Spearmint oil is also produced inthe Midwest. The production areacovered by the order normally accountsfor approximately 63 percent of theannual U.S. production of Scotchspearmint oil and approximately 93percent of the annual U.S. production ofNative spearmint oil.

This rule increases the quantity ofNative spearmint oil that handlers maypurchase from, or handle for, producersduring the 19992000 marketing year,which ends on May 31, 2000. This ruleincreases the salable quantity from1,125,755 pounds to 1,128,066 poundsand the allotment percentage from 55percent to 60 percent for Nativespearmint oil for the 19992000marketing year.

The salable quantity is the totalquantity of each class of oil thathandlers may purchase from, or handlefor, producers during a marketing year.The salable quantity calculated by theCommittee is based on the estimatedtrade demand. The total salable quantityis divided by the total industryallotment base to determine anallotment percentage. Each producer isallotted a share of the salable quantityby applying the allotment percentage tothe producers individual allotment basefor the applicable class of spearmint oil.

The initial salable quantity andallotment percentages for Scotch andNative spearmint oils for the 19992000marketing year were recommended bythe Committee at its October 7, 1998,meeting. The Committee recommendedsalable quantities of 1,199,190 poundsand 1,125,755 pounds, and allotmentpercentages of 65 percent and 55percent, respectively, for Scotch andNative spearmint oils. A proposed rulewas published in the November 17,1998, issue of the Federal Register (63FR 63804). A final rule establishing thesalable quantities and allotmentpercentages for Scotch and Native

spearmint oils for the 19992000marketing year was published in theJanuary 19, 1999, issue of the FederalRegister (64 FR 2799).

Pursuant to authority contained insections 985.50, 985.51, and 985.52 ofthe order, at its January 13, 2000,meeting, the Committee unanimouslyrecommended that the allotmentpercentage for Native spearmint oil forthe 19992000 marketing year beincreased by 5 percent from 55 percentto 60 percent. Taking into considerationthe following discussion on adjustmentsto the Native spearmint oil salablequantity, the 19992000 marketing yearsalable quantity of 1,125,755 poundswill therefore be increased to 1,228,066pounds.

The original total industry allotmentbase for Native spearmint oil for the19992000 marketing year wasestablished at 2,046,828 pounds andwas revised during the year to 2,046,214pounds to reflect a loss of 614 poundsof base due to non-production of someproducers total annual allotments.When the revised total allotment base of2,046,214 pounds is applied to theoriginally established allotmentpercentage of 55, the 19992000marketing year salable quantity of1,125,755 pounds is effectivelymodified to 1,125,418 pounds.

By increasing the salable quantity andallotment percentage, this rule makes anadditional amount of Native spearmintoil available by releasing such oil fromthe reserve pool. When applied to eachindividual producer, the 5 percentallotment percentage increase allowseach producer to take up to an amountequal to 5 percent of their allotmentbase from their Native spearmint oilreserve. If a producer does not have anyreserve pool oil, or has less than 5percent of their allotment base in thereserve pool, the increase in allotmentpercentage will actually make less thansuch amount available to the market.Currently, producers receiving 10,020pounds of additional allotment throughthis increase do not have any Nativespearmint oil in reserve. Thus, ratherthan 102,311 additional pounds, thisaction effectively makes an additional92,291 pounds of Native spearmint oilavailable to the market.

The following table summarizes theCommittee recommendation:

Native Spearmint Oil Recommendation(A) Estimated 19992000 Allotment

Base2,046,828 pounds. This is thefigure the original 19992000 salablequantities and allotment percentageswere based on.

(B) Revised 19992000 AllotmentBase2,046,214 pounds. This is 614



pounds less than the estimatedallotment base. This is less becausesome producers failed to produce all oftheir previous years allotment.

(C) Initial 19992000 AllotmentPercentage55 percent.

(D) Initial 19992000 SalableQuantity1,125,755 pounds. Thisfigure is 55 percent of 2,046,828pounds.

(E) Initial Adjustment to the 19992000 Salable Quantity1,125,418pounds. This figure reflects the salablequantity available after the beginning ofthe 19992000 marketing year due tothe 614 pound reduction in the industryallotment base to 2,046,214 pounds.

(F) Increase in AllotmentPercentage5 percent. This percentageincrease was recommended by theCommittee at its January 13, 2000,meeting.

(G) Revised 19992000 AllotmentPercentage60 percent. This figure isderived by adding the 5 percent increaseto the initial 19992000 allotmentpercentage of 55 percent.

(H) Computed Increase in the 19992000 Salable Quantity102,311pounds. This is the product of therevised 19992000 allotment base of2,046,214 and the 5 percent increase.

(I) Revised 19992000 SalableQuantity1,228,066 pounds. Thisfigure is 60 percent of the estimated19992000 allotment base of 2,046,214pounds.

(J) Effective Increase in the 19992000Salable Quantity92,291 pounds. Thisfigure represents the amount of Nativespearmint oil actually being madeavailable by this action based on theadjustments described herein.

In making this latest recommendation,the Committee considered all availableinformation on supply and demand. The19992000 marketing year began onJune 1, 1999. Handlers have indicatedthat with this action, the availablesupply of both Scotch and Nativespearmint oils appears adequate to meetanticipated demand through May 31,2000. Without the increase, theCommittee believes the industry wouldnot be able to meet market needs. As ofJanuary 13, 2000, approximately 25,000pounds of Native spearmint oil wasavailable for market. The average forsales of Native spearmint oil fromJanuary 1 to May 31 over the past 5years is 208,994 pounds. However,average sales for the period June 1through December 31 for the past 5years are 953,978 pounds. The Far Westspearmint oil industry has sold1,206,290 pounds of Native spearmintoil through January 13, 2000. Therefore,based on past history the industry mayrequire at least about 40,000 additional

pounds of Native to meet the five yearaverage annual market demand. Thisaction has the effect of adding 92,291pounds of Native spearmint oil to theamount available for market, bringingthe total available supply for the periodJanuary 13 through May 31, 2000, up toapproximately 117,300 pounds.

The Department, based on its analysisof available information, has determinedthat the salable quantity and allotmentpercentage for Native spearmint oil forthe 19992000 marketing year should beincreased to 1,228,066 and 60 percent,respectively.

This rule relaxes the regulation ofNative spearmint oil and will allowgrowers to meet market needs andimprove returns. In conjunction withthe issuance of this rule, theCommittees revised marketing policystatement for the 19992000 marketingyear has been reviewed by theDepartment. The Committees marketingpolicy statement, a requirementwhenever the Committee recommendsimplementing volume regulations orrecommends revisions to existingvolume regulations, meets the intent ofsection 985.50 of the order. During itsdiscussion of revising the 19992000salable quantities and allotmentpercentages, the Committee considered:(1) The estimated quantity of salable oilof each class held by producers andhandlers; (2) the estimated demand foreach class of oil; (3) prospectiveproduction of each class of oil; (4) totalof allotment bases of each class of oil forthe current marketing year and theestimated total of allotment bases ofeach class for the ensuing marketingyear; (5) the quantity of reserve oil, byclass, in storage; (6) producer prices ofoil, including prices for each class of oil;and (7) general market conditions foreach class of oil, including whether theestimated season average price toproducers is likely to exceed parity.Conformity with the DepartmentsGuidelines for Fruit, Vegetable, andSpecialty Crop Marketing Orders hasalso been reviewed and confirmed.

The increase in the Native spearmintoil salable quantity and allotmentpercentage allows for anticipated marketneeds for this class of oil. Indetermining anticipated market needs,consideration by the Committee wasgiven to historical sales, and changesand trends in production and demand.

Pursuant to requirements set forth inthe Regulatory Flexibility Act (RFA), theAMS has considered the economicimpact of this action on small entities.Accordingly, the AMS has prepared thisinitial regulatory flexibility analysis.

The purpose of the RFA is to fitregulatory actions to the scale of

business subject to such actions in orderthat small businesses will not be undulyor disproportionately burdened.Marketing orders issued pursuant to theAct, and rules issued thereunder, areunique in that they are brought aboutthrough group action of essentiallysmall entities acting on their ownbehalf. Thus, both statutes have smallentity orientation and compatibility.

There are 7 spearmint oil handlerssubject to regulation under themarketing order and approximately 119producers of Scotch spearmint oil and105 producers of Native spearmint oil inthe regulated production area. Smallagricultural service firms are defined bythe Small Business Administration(SBA) (13 CFR 121.201) as those havingannual receipts of less than $5,000,000,and small agricultural producers havebeen defined as those whose annualreceipts are less than $500,000.

Based on the SBAs definition ofsmall entities, the Committee estimatesthat 2 of the 7 handlers regulated by theorder could be considered smallentities. Most of the handlers are largecorporations involved in theinternational trading of essential oilsand the products of essential oils. Inaddition, the Committee estimates that25 of the 119 Scotch spearmint oilproducers and 7 of the 105 Nativespearmint oil producers would beclassified as small entities under theSBA definition. Thus, a majority ofhandlers and producers of Far Westspearmint oil may not be classified assmall entities.

The Far West spearmint oil industryis characterized by producers whosefarming operations generally involvemore than one commodity, and whoseincome from farming operations is notexclusively dependent on theproduction of spearmint oil. Croprotation is an essential cultural practicein the production of spearmint oil forweed, insect, and disease control. Anormal spearmint oil producingoperation would have enough acreagefor rotation such that the total acreagerequired to produce the crop would beabout one-third spearmint and two-thirds rotational crops. An averagespearmint oil producing farm wouldthus have to have considerably moreacreage than would be planted tospearmint during any given season. Toremain economically viable with theadded costs associated with spearmintoil production, most spearmint oilproducing farms would fall into thecategory of large businesses.

Small spearmint oil producersrepresent a minority of farmingoperations and are more vulnerable tomarket fluctuations. Such small farmers



generally need to market their entireannual crop and do not have theresources to cushion seasons with poorspearmint oil returns. Conversely, largediversified producers have the potentialto endure one or more seasons of poorspearmint oil markets because ofstronger incomes from alternate cropswhich could support the operation for aperiod of time. Despite the advantagelarger producers may have, increasingthe Native salable quantity andallotment percentage will help bothlarge and small producers by improvingreturns.

Based on projections available at themeeting, the Committee consideredalternatives to the 5 percent increase.The Committee not only consideredleaving the salable quantity andallotment percentage unchanged, butalso looked at various increases rangingfrom 1 percent to 15 percent. TheCommittee reached its recommendationto increase the salable quantity andallotment percentage for Nativespearmint oil after careful considerationof all available information, andbelieves that the level recommendedwill achieve the objectives sought.Without the increase, the Committeebelieves the industry would not be ableto meet market needs. As of January 13,2000, approximately 25,000 pounds ofNative spearmint oil was available formarket. The past 5-year average ofNative spearmint oil sales from January1 to May 31 is 208,994 pounds, whereasthe 5-year average for the period June 1through December 31 is 953,978pounds. The Far West spearmint oilindustry has sold 1,206,290 pounds ofNative spearmint oil this season throughJanuary 13, 2000. Therefore, based onhistorical sales the industry may requireabout 40,000 additional pounds ofNative oil to meet the five-year averageannual market demand. This action hasthe effect of adding 92,291 pounds ofNative spearmint oil to the amountavailable for market, bringing the totalavailable supply for the period January13 through May 31, 2000, up toapproximately 117,300 pounds.

Annual salable quantities andallotment percentages have been issuedfor both classes of spearmint oil sincethe orders inception. Reporting andrecordkeeping requirements haveremained the same for each year ofregulation. Accordingly, this action willnot impose any additional reporting orrecordkeeping requirements on eithersmall or large spearmint oil producersand handlers. All reports and formsassociated with this program arereviewed periodically in order to avoidunnecessary and duplicativeinformation collection by industry and

public sector agencies. The Departmenthas not identified any relevant Federalrules that duplicate, overlap, or conflictwith this rule.

Finally, the Committees meeting waswidely publicized throughout thespearmint oil industry and all interestedpersons were invited to attend andparticipate on all issues. Interestedpersons are also invited to submitinformation on the regulatory andinformational impacts of this action onsmall businesses.

A small business guide on complyingwith fruit, vegetable, and specialty cropmarketing agreements and orders maybe viewed at the following website:http://www.ams.usda.gov/fv/moab.html. Any questions about thecompliance guide should be sent to JayGuerber at the previously mentionedaddress in the FURTHER INFORMATIONCONTACT section.

After consideration of all relevantmatter presented, including thatcontained in the prior proposed andfinal rules in connection with theestablishment of the salable quantitiesand allotment percentages for Scotchand Native spearmint oils for the 19992000 marketing year, the Committeesrecommendation and other availableinformation, it is found that to revisesection 985.218 (42 FR 2799) to changethe salable quantity and allotmentpercentage for Native spearmint oil, ashereinafter set forth, will tend toeffectuate the declared policy of the Act.

This rule invites comments on arevision to the salable quantity andallotment percentage for Nativespearmint oil for the 19992000marketing year. A 60day commentperiod is provided. Any commentsreceived will be considered prior tofinalization of this rule.

Pursuant to 5 U.S.C. 553, it is alsofound and determined upon good causethat it is impracticable, unnecessary,and contrary to the public interest togive preliminary notice prior to puttingthis rule into effect and that good causeexists for not postponing the effectivedate of this rule until 30 days afterpublication in the Federal Registerbecause: (1) This rule increases thequantity of Native spearmint oil thatmay be marketed during the marketingyear which ends on May 31, 2000; (2)the current quantity of Native spearmintoil may be inadequate to meet demandfor the remainder of the season, thusmaking the additional oil available assoon as is practicable is beneficial toboth handlers and producers; (3) theCommittee unanimously recommendedthis change at a public meeting andinterested parties had an opportunity toprovide input; and (4) this rule provides

a 60-day comment period and anycomments received will be consideredprior to finalization of this rule.


Marketing agreements, Oils and fats,Reporting and recordkeepingrequirements, Spearmint oil.

For the reasons set forth in thepreamble, 7 CFR part 985 is amended asfollows:

PART 985MARKETING ORDERREGULATING THE HANDLING OFSPEARMINT OIL PRODUCED IN THEFAR WEST

1. The authority citation for 7 CFRPart 985 continues to read as follows:

Authority: 7 U.S.C. 601674.2. Section 985.218 is amended by

republishing the introductory text andrevising paragraph (b) to read as follows:

[Note: This section will not appear in theannual Code of Federal Regulations.]

985.218 Salable quantities and allotmentpercentages19992000 marketing year.

The salable quantity and allotmentpercentage for each class of spearmintoil during the marketing year beginningon June 1, 1999, shall be as follows:* * * * *

(b) Class 3 (Native) oila salablequantity of 1,288,066 pounds and anallotment percentage of 60 percent.

Dated: February 4, 2000.Robert C. Keeney,Deputy Administrator, Fruit and VegetablePrograms.[FR Doc. 003041 Filed 2900; 8:45 am]BILLING CODE 340102P

FEDERAL RESERVE SYSTEM

12 CFR Part 201

[Regulation A]

Extensions of Credit by FederalReserve Banks; Change in DiscountRate

AGENCY: Board of Governors of theFederal Reserve System.ACTION: Final rule.

SUMMARY: The Board of Governors hasamended its Regulation A on Extensionsof Credit by Federal Reserve Banks toreflect its approval of an increase in thebasic discount rate at each FederalReserve Bank. The Board acted onrequests submitted by the Boards ofDirectors of the twelve Federal ReserveBanks.DATES: The amendments to part 201(Regulation A) were effective February



2, 2000. The rate changes for adjustmentcredit were effective on the datesspecified in 12 CFR 201.51.

FOR FURTHER INFORMATION CONTACT:Jennifer J. Johnson, Secretary of theBoard, at (202) 4523259; for users ofTelecommunications Device for the Deaf(TDD), contact Diane Jenkins, at (202)4523544, Board of Governors of theFederal Reserve System, 20th and CStreets NW, Washington, D.C. 20551.

SUPPLEMENTARY INFORMATION: Pursuantto the authority of sections 10(b), 13, 14,19, et al., of the Federal Reserve Act, theBoard has amended its Regulation A (12CFR part 201) to incorporate changes indiscount rates on Federal Reserve Bankextensions of credit. The discount ratesare the interest rates charged todepository institutions when theyborrow from their district ReserveBanks.

The basic discount rate is a fixedrate charged by Reserve Banks foradjustment credit and, at the ReserveBanks discretion, for extended credit.In increasing the basic discount ratefrom 5 percent to 5.25 percent, theBoard acted on requests submitted bythe Boards of Directors of the twelveFederal Reserve Banks. The new rateswere effective on the dates specifiedbelow. The 25-basis-point increase inthe discount rate was associated with asimilar increase in the federal funds rateapproved by the Federal Open MarketCommittee and announced at the sametime.

The Board and the Reserve Banksremain concerned that over timeincreases in demand will continue toexceed the growth in potential supply,even after taking account of thepronounced rise in productivity growth.Such trends could foster inflationaryimbalances that would undermine theeconomys record economic expansion.

Against the background of their long-run goals of price stability andsustainable economic growth and of theinformation currently available, theBoard and the Reserve Banks believe therisks are weighted mainly towardconditions that may generate heightenedinflation pressures in the foreseeablefuture.

Regulatory Flexibility Act CertificationPursuant to section 605(b) of the

Regulatory Flexibility Act (5 U.S.C.605(b)), the Board certifies that thechange in the basic discount rate willnot have a significant adverse economicimpact on a substantial number of smallentities. The rule does not impose anyadditional requirements on entitiesaffected by the regulation.

Administrative Procedure ActThe provisions of 5 U.S.C. 553(b)

relating to notice and publicparticipation were not followed inconnection with the adoption of theamendment because the Board for goodcause finds that delaying the change inthe basic discount rate in order to allownotice and public comment on thechange is impracticable, unnecessary,

and contrary to the public interest infostering price stability and sustainableeconomic growth.

The provisions of 5 U.S.C. 553(d) thatprescribe 30 days prior notice of theeffective date of a rule have not beenfollowed because section 553(d)provides that such prior notice is notnecessary whenever there is good causefor finding that such notice is contraryto the public interest. As previouslystated, the Board determined thatdelaying the changes in the basicdiscount rate is contrary to the publicinterest.


Banks, banking, Credit, FederalReserve System.

For the reasons set out in thepreamble, 12 CFR part 201 is amendedas set forth below:

PART 201EXTENSIONS OF CREDITBY FEDERAL RESERVE BANKS(REGULATION A)

1. The authority citation for 12 CFRpart 201 continues to read as follows:

Authority: 12 U.S.C. 343 et seq., 347a,347b, 347c, 347d, 348 et seq., 357, 374, 374aand 461.

2. Section 201.51 is revised to read asfollows:

201.51 Adjustment credit for depositoryinstitutions.

The rates for adjustment creditprovided to depository institutionsunder 201.3(a) are:

Federal Reserve Bank Rate Effective

Boston ........................................................................................................................................... 5.25 February 2, 2000.New York ...................................................................................................................................... 5.25 February 2, 2000.Philadelphia .................................................................................................................................. 5.25 February 2, 2000.Cleveland ...................................................................................................................................... 5.25 February 2, 2000.Richmond ...................................................................................................................................... 5.25 February 2, 2000.Atlanta ........................................................................................................................................... 5.25 February 2, 2000.Chicago ......................................................................................................................................... 5.25 February 2, 2000.St. Louis ........................................................................................................................................ 5.25 February 2, 2000.Minneapolis ................................................................................................................................... 5.25 February 3, 2000.Kansas City ................................................................................................................................... 5.25 February 2, 2000.Dallas ............................................................................................................................................ 5.25 February 4, 2000.San Francisco ............................................................................................................................... 5.25 February 2, 2000.



By order of the Board of Governors of theFederal Reserve System, February 4, 2000.Jennifer J. Johnson,Secretary of the Board.[FR Doc. 003031 Filed 2900; 8:45 am]BILLING CODE 621001P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98ANE79AD; Amendment3911561; AD 20000304]

RIN 2120AA64

Airworthiness Directives; GeneralElectric Company CF680C2 SeriesTurbofan Engines

AGENCY: Federal AviationAdministration, DOT.ACTION: Final rule.

SUMMARY: This amendment adopts anew airworthiness directive (AD),applicable to General Electric Company(GE) CF680C2 series turbofan engines.This amendment requires removal fromservice of affected fan mid shafts priorto reaching a new, lower cyclic lifelimit, and replacement with serviceableparts. This amendment is prompted byrecent component test data. The actionsspecified by this AD are intended toprevent fan mid shaft failure, whichcould result in an uncontained enginefailure and damage to the aircraft.EFFECTIVE DATE: April 10, 2000.ADDRESSES: The service informationreferenced in this AD may be obtainedfrom General Electric Company viaLockheed Martin Technology Services,10525 Chester Road, Suite C, Cincinnati,Ohio 45215, telephone 5136728400,fax 5136728422. This informationmay be examined at the FederalAviation Administration (FAA), NewEngland Region, Office of the RegionalCounsel, 12 New England ExecutivePark, Burlington, MA.FOR FURTHER INFORMATION CONTACT:William S. Ricci, Aerospace Engineer,Engine Certification Office, FAA, Engineand Propeller Directorate, 12 NewEngland Executive Park, Burlington, MA018035299; telephone 7812387742,fax 7812387199.SUPPLEMENTARY INFORMATION: Aproposal to amend part 39 of the FederalAviation Regulations (14 CFR part 39) toinclude an airworthiness directive (AD)that is applicable to General ElectricCompany (GE) CF680C2 seriesturbofan engines was published in theFederal Register on October 26, 1999

(64 FR 57608). That action proposed torequire removal from service of affectedfan mid shafts prior to reaching a new,lower cyclic life limit, and replacementwith serviceable parts. That action wasprompted by recent component testdata. That condition, if not corrected,could result in fan mid shaft failure,which could result in an uncontainedengine failure and damage to theaircraft.

Comments Received

Interested persons have been affordedan opportunity to participate in themaking of this amendment. Dueconsideration has been given to thecomments received.

Two commenters concur with the ruleas proposed.

Conclusion

After careful review of the availabledata, including the comments notedabove, the FAA has determined that airsafety and the public interest require theadoption of the rule as proposed.

Economic Analysis

There are approximately 1,796engines of the affected design in theworldwide fleet. The FAA estimates that230 engines installed on aircraft of USregistry will be affected by this AD andthat required parts will costapproximately $90,085 per engine.Based on these figures, the total costimpact of the AD on US operators isestimated to be $20,719,600.

Regulatory Impact

The regulations adopted herein willnot have a substantial direct effect onthe States, on the relationship betweenthe national Government and the States,or on the distribution of power andresponsibilities among the variouslevels of government. Therefore, it isdetermined that this final rule does nothave federalism implications underExecutive Order (EO) 13132.

For the reasons discussed above, Icertify that this action (1) Is not asignificant regulatory action under EO12866; (2) is not a significant ruleunder DOT Regulatory Policies andProcedures (44 FR 11034, February 26,1979); and (3) will not have a significanteconomic impact, positive or negative,on a substantial number of small entitiesunder the criteria of the RegulatoryFlexibility Act. A final evaluation hasbeen prepared for this action and it iscontained in the Rules Docket. A copyof it may be obtained from the RulesDocket at the location provided underthe caption ADDRESSES.

List of Subjects in 14 CFR Part 39Air transportation, Aircraft, Aviation

safety, Safety.

Adoption of the AmendmentAccordingly, pursuant to the

authority delegated to me by theAdministrator, the Federal AviationAdministration amends part 39 of theFederal Aviation Regulations (14 CFRpart 39) as follows:

PART 39AIRWORTHINESSDIRECTIVES

1. The authority citation for part 39continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

39.13 [Amended]

2. Section 39.13 is amended byadding the following new airworthinessdirective:20000304 General Electric Company:

Amendment 3911561. Docket 98ANE79AD.

Applicability: General Electric Company(GE) CF680C2 series turbofan engines, withfan mid shafts, part number (P/N)9326M74P04 or P/N 9326M74P05, installed.These engines are installed on but notlimited to Airbus Industrie A300 and A310series, Boeing 747 and 767 series, andMcDonnell Douglas MD11 series aircraft.

Note 1: This airworthiness directive (AD)applies to each engine identified in thepreceding applicability provision, regardlessof whether it has been modified, altered, orrepaired in the area subject to therequirements of this AD. For engines thathave been modified, altered, or repaired sothat the performance of the requirements ofthis AD is affected, the owner/operator mustrequest approval for an alternative method ofcompliance in accordance with paragraph (c)of this AD. The request should include anassessment of the effect of the modification,alteration, or repair on the unsafe conditionaddressed by this AD; and, if the unsafecondition has not been eliminated, therequest should include specific proposedactions to address it.

Compliance: Required as indicated, unlessaccomplished previously.

To prevent fan mid shaft failure, whichcould result in an uncontained engine failureand damage to the aircraft, accomplish thefollowing:

(a) Remove from service affected fan midshafts and replace with a serviceable part, asfollows:

Note 2: GE CF680C2 Service Bulletin (SB)No. 72958, dated December 10, 1998,contains information on this subject.

(1) For fan mid shafts that haveaccumulated 9,000 or more cycles-since-new(CSN) on the effective date of this AD,remove from service within 3,500 cycles-in-service (CIS) after the effective date of thisAD, or prior to accumulating 15,000 CSN,whichever occurs first.

(2) For fan mid shafts that haveaccumulated 1,800 CSN or more, but less



than 9,000 CSN on the effective date of thisAD, remove from service within 5,000 CISafter the effective date of this AD, or prior toaccumulating to 12,500 CSN, whicheveroccurs first.

(3) For fan mid shafts that haveaccumulated less than 1,800 CSN on theeffective date of this AD, remove from serviceprior to accumulating 6,800 CSN.

Note 3: GE CF680C2 SB 72750, Revision2, dated September 4, 1998, containsinformation on reworking fan mid shafts thatresults in changing the P/N. After thatrework, this AD would not apply to enginescontaining the reworked fan mid shaft.

New Life Limits

(b) Except for the provisions of paragraph(a) of this AD, no fan mid shafts, P/N9326M74P04 or 9326M74P05, may remain inservice beyond 6,800 CSN.

Alternate Method of Compliance

(c) An alternative method of compliance oradjustment of the compliance time thatprovides an acceptable level of safety may beused if approved by the Manager, EngineCertification Office (ECO). Operators shallsubmit their request through an appropriateFAA Principal Maintenance Inspector, whomay add comments and then send it to theManager, ECO.

Note 4: Information concerning theexistence of approved alternative methods ofcompliance with this airworthiness directive,if any, may be obtained from the ECO.

Ferry Flights

(d) Special flight permits may be issued inaccordance with sections 21.197 and 21.199of the Federal Aviation Regulations (14 CFR21.197 and 21.199) to operate the aircraft toa location where the requirements of this ADcan be accomplished.

(e) This amendment becomes effective onApril 10, 2000.

Issued in Burlington, Massachusetts, onFebruary 2, 2000.David A. Downey,Assistant Manager, Engine and PropellerDirectorate, Aircraft Certification Service.[FR Doc. 002988 Filed 2900; 8:45 am]BILLING CODE 491013U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96NM226AD; Amendment3911562; AD 20000305]

RIN 2120AA64

Airworthiness Directives; BoeingModel 737200 Series AirplanesModified in Accordance withSupplemental Type Certificate (STC)ST00969AT

AGENCY: Federal AviationAdministration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts anew airworthiness directive (AD),applicable to certain Boeing Model 737200 series airplanes that requiresremoval of the existing emergency floorpath lighting system and replacementwith an FAA-approved emergency floorpath lighting system. This amendmentis prompted by information indicatingthat the existing emergency floor pathlighting system does not provideadequate lighting and cueing for safeevacuation of the airplane in the eventof an emergency. The actions specifiedby this AD are intended to prevent suchinadequate lighting and cueing, whichcould delay or impede the flight crewand passengers when exiting theairplane during an emergency.EFFECTIVE DATE: March 16, 2000.ADDRESSES: Information pertaining tothis amendment may be examined at theFederal Aviation Administration (FAA),Transport Airplane Directorate, RulesDocket, 1601 Lind Avenue, SW.,Renton, Washington; or at the FAA,Small Airplane Directorate, CampusBuilding, 1701 Columbia Avenue, Suite2160, College Park, Georgia.FOR FURTHER INFORMATION CONTACT:Eugene Evans, Aerospace Engineer,ACE116A, FAA, Small AirplaneDirectorate, Atlanta AircraftCertification Office, One Crown Center,1895 Phoenix Boulevard, suite 450,Atlanta, Georgia 30349; telephone (770)7036081; fax (770) 7036097.SUPPLEMENTARY INFORMATION: Aproposal to amend part 39 of the FederalAviation Regulations (14 CFR part 39) toinclude an airworthiness directive (AD)that is applicable to certain BoeingModel 737200 series airplanes waspublished in the Federal Register onJune 23, 1999 (64 FR 33443). That actionproposed to require removal of theexisting emergency floor path lightingsystem and replacement with an FAA-approved emergency floor path lightingsystem. That proposal was prompted byinformation indicating that the existingemergency floor path lighting systemdoes not provide adequate lighting andcueing for safe evacuation of theairplane in the event of an emergency.The actions specified by that proposalare intended to prevent such inadequatelighting and cueing, which could delayor impede the flight crew andpassengers whe