This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

34598

Vol. 65, No. 105

Wednesday, May 31, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 77

[Docket No. 99–038–4]

Tuberculosis in Cattle, Bison, Goats,

and Captive Cervids; State and Zone

Designations

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule; reopening and

extension of comment period; notice of

public hearings.

SUMMARY: We are reopening and

extending the comment period for our

proposed rule that would amend the

bovine tuberculosis regulations to

establish new levels of tuberculosis risk

classifications to be applied to States

and zones within States. The proposed

rule would also classify States and

zones according to their tuberculosis

risk with regard to captive cervids.

Additionally, it would amend the

regulations to specify that the

regulations apply to goats as well as to

cattle, bison, and captive cervids, and

would increase the amount of testing

that must be done before certain cattle,

bison, and goats may be moved

interstate. This action will allow

interested persons additional time to

prepare and submit comments. We are

also advising the public that we are

hosting two public hearings on the

proposed rule.

DATES: We invite you to comment on

Docket No. 99–038–1. We will consider

all comments that we receive by June

16, 2000. We will also consider

comments made at public hearings to be

held in Albuquerque, NM, on June 14,

2000, from 8 a.m. to noon, and in

Lansing, MI, on June 15, 2000, from 6

p.m. to 9 p.m.

ADDRESSES: Please send your comment

and three copies to: Docket No. 99–038–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238.

Please state that your comment refers

to Docket No. 99–038–1.

You may read any comments that we

receive on this docket in our reading

room. The reading room is located in

room 1141 of the USDA South Building,

14th Street and Independence Avenue,

SW., Washington, DC. Normal reading

room hours are 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays. To be sure someone is there to

help you, please call (202) 690–2817

before coming.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

The public hearings will be held at

the following locations:

(1) Albuquerque, NM: Racing

Commission Conference Room, Lower

Level, 300 San Mateo Boulevard NE,

Albuquerque, NM.

(2) Lansing, MI: The Forum, 1st Floor,

Michigan Library and Historical

Center, 717 West Allegan Street,

Lansing, MI.

FOR FURTHER INFORMATION CONTACT: Dr.

Joseph Van Tiem, Senior Staff

Veterinarian, VS, APHIS, USDA, 4700

River Road Unit 43, Riverdale, MD

20737–1231; (301) 734–7716.

SUPPLEMENTARY INFORMATION: On March

7, 2000, we published in the Federal

Register (65 FR 11912–11940, Docket

No. 99–038–1) a proposal to amend the

bovine tuberculosis regulations,

contained in 9 CFR part 77. We

proposed to: (1) Establish several new

levels of tuberculosis risk classifications

to be applied to States and zones within

States; (2) classify States and zones

according to their tuberculosis risk with

regard to captive cervids; (3) apply the

regulations to goats as well as to cattle,

bison, and captive cervids; and (4)

increase the amount of testing required

for the interstate movement of certain

cattle, bison, and goats.

Comments on the proposed rule were

required to be received on or before

April 21, 2000. On March 24, 2000, we

published in the Federal Register (65

FR 15877–15878, Docket No. 99–038–2)

a correction to Docket No. 99–038–1.

Comments on the proposed rule as

corrected were required to be received

on or before April 21, 2000.

In response to requests from

commenters that we extend the

comment period on Docket No. 99–038–

1, we published a notice in the Federal

Register on May 1, 2000 (65 FR 25292,

Docket No. 99–038–3), that we were

reopening and extending the comment

period until May 8, 2000.

During the extended comment period,

a number of commenters requested that

we further extend the comment period

to allow additional time for members of

the public to review the proposed rule

and to submit comments. In response to

these requests, we are reopening and

extending the comment period on

Docket No. 99–038–1 until June 16,

2000. This action will allow interested

persons additional time to prepare and

submit comments.

Public Hearings

We are advising the public that we are

hosting two public hearings on Docket

No. 99–038–1. The first public hearing

will be held in Albuquerque, NM, on

Wednesday, June 14, 2000, in the

Racing Commission Conference Room,

Lower Level, 300 San Mateo Boulevard

NE. The second public hearing will be

held in Lansing, MI, on Thursday, June

15, 2000, at The Forum, 1st Floor,

Michigan Library and Historical Center,

717 West Allegan Street.

A representative of the Animal and

Plant Health Inspection Service (APHIS)

will preside at the public hearings. Any

interested persons may appear and be

heard in person, by an attorney, or by

another representative. Written

statements may be submitted and will

be made part of the hearing record.

Persons who wish to speak at either of

the public hearings will be asked to sign

in with their name and organization to

establish a record for the hearing. We

ask that anyone who reads a statement

provide two copies to the presiding

officer at the hearing.

The public hearing in Albuquerque

will begin at 8 a.m and is scheduled to

end at noon, local time. The public

hearing in Lansing will begin at 6 p.m.

and is scheduled to end at 9 p.m., local

time. However, the hearings may be

terminated at any time if all persons

desiring to speak have been heard.

If the number of speakers at a hearing

warrants it, the presiding officer may

limit the time for each presentation so

Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / Proposed Rules 34599

that everyone wishing to speak has the

opportunity.

The purpose of the hearings is to give

interested persons an opportunity for

oral presentation of data, views, and

arguments. Questions about the content

of the proposed rule may be part of the

commenters’ oral presentations.

However, neither the presiding officer

nor any other representative of APHIS

will respond to comments at the

hearing, except to clarify or explain

provisions of the proposed rule.

Authority: 21 U.S.C. 111, 114, 114a, 115–

117, 120, 121, 134b, and 134f; 7 CFR 2.22,

2.80, and 371.2(d).

Done in Washington, DC, this 25th day of

May 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–13589 Filed 5–30–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 112

[Docket No. 96–034–2]

Viruses, Serums, Toxins, and

Analogous Products; Packaging and

Labeling

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

SUMMARY: We are withdrawing a

proposed rule to amend the regulations

regarding the packaging and labeling of

veterinary biological products. The

proposed rule would have required the

Animal and Plant Health Inspection

Service product code number as well as

an appropriate consumer contact

telephone number to appear on labeling.

In addition, the proposed rule would

have clarified label requirements with

respect to overshadowing the true name

of the product and requirements for

products shipped to a foreign country.

The proposed rule also contained label

requirements concerning the minimum

age for product administration and the

potential for maternal antibody

interference. We are withdrawing the

proposed rule due to the comments we

received following its publication.

FOR FURTHER INFORMATION CONTACT: Dr.

Albert P. Morgan, Chief Staff Officer,

Operational Support Section, Center for

Veterinary Biologics, Licensing and

Policy Development, APHIS, 4700 River

Road Unit 148, Riverdale, MD 20737–

1231; (301) 734–8245.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 112 set

forth packaging and labeling

requirements for veterinary biological

products. On March 18, 1999, we

published in the Federal Register (64

FR 13365–13368, Docket No. 96–034–1)

a proposed rule to amend the

regulations. First, we proposed to

require labels for veterinary biological

products to include the Animal and

Plant Health Inspection Service (APHIS)

product code number and a consumer

contact telephone number. Second, we

proposed to require labels for veterinary

biological products to bear the true

name of the product in a prominent

fashion and more prominently than the

trade name. Third, we proposed to

amend the requirements for labels for

exported products to state that labels

that do not conform to the regulations

may be used with an exported product

if the labels do not contain false or

misleading information and are

acceptable to the appropriate regulatory

officials of the foreign country to which

the products are exported. We proposed

that verification of foreign regulatory

acceptance of the labels could be

supplied to APHIS through the

submission of a label mounting

prepared as described in § 112.5(d)(2)

that bears a stamp or other mark of

approval of the appropriate foreign

regulatory agency. Finally, we proposed

to require labels for veterinary biological

products, as described in the proposed

rule, to consider the potential for

maternal antibody interference with

product efficacy and to specify a

minimum age for product

administration that is consistent with

the efficacy and safety data developed

for the product.

We solicited comments concerning

our proposal for 60 days ending May 17,

1999. We received 11 comments by that

date. The comments were from licensed

veterinary biologics manufacturers, a

national trade association representing

U.S. manufacturers of animal health

products, an organization representing

veterinarians, and a university. Most of

the commenters expressed concerns and

opposition regarding certain provisions

of the proposed rule, including concerns

regarding the economic effects of the

proposed provisions on veterinary

biologics manufacturers and the

estimated burden for information

collection that was provided in the

Paperwork Reduction Act section of the

proposed rule.

After considering all of the comments

we received, we have concluded that we

must reevaluate the provisions of the

proposed rule. Therefore, we are

withdrawing the March 18, 1999,

proposed rule referenced above. The

concerns and recommendations of all of

the commenters will be considered if

any new proposed regulations regarding

the packaging and labeling of veterinary

biological products are developed.

Authority: 21 U.S.C. 151–159; 7 CFR 2.22,

2.80, and 371.2(d).

Done in Washington, DC, this 24th day of

May 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–13549 Filed 5–30–00; 8:45am]

BILLING CODE 3410–34–U

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

[Docket No. PRM–50–71]

Nuclear Energy Institute; Receipt of

Petition for Rulemaking

AGENCY: Nuclear Regulatory

Commission.

ACTION: Petition for rulemaking; Notice

of receipt.

SUMMARY: The Nuclear Regulatory

Commission (NRC) has received and

requests public comment on a petition

for rulemaking filed by the Nuclear

Energy Institute. The petition was

docketed on April 12, 2000, and has

been assigned Docket No. PRM–50–71.

The petitioner requests that the NRC

amend its regulations to allow nuclear

power plant licensees to use zirconiumbased cladding materials other than

zircaloy or ZIRLO, provided the

cladding materials meet the

requirements for fuel cladding

performance and have received

approval by the NRC staff. The

petitioner believes the proposed

amendment would improve the

efficiency of the regulatory process by

eliminating the need for individual

licensees to obtain exemptions to use

advanced cladding materials which

have already been approved by the NRC.

DATES: Submit comments by August 14,

2000. Comments received after this date

will be considered if it is practical to do

so, but the Commission is able to assure

consideration only for comments

received on or before this date.

ADDRESSES: Mail comments to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Rulemakings and

Adjudications Staff.