27454 Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations

were published in the Federal Register

on May 1, 2001, concerning the

implementation of a tariff-rate quota for

certain worsted wool fabric. The interim

regulations amended the Customs

Regulations to set forth the form and

manner by which an importer

establishes that a valid license, issued

under regulations of the U.S.

Department of Commerce, is in effect for

worsted wool fabric that is subject to the

tariff-rate quota. The importer must be

in possession of the license, or if the

importer is not the licensee, the

importer must possess a written

authorization from the licensee, in order

to be able to claim the in-quota rate of

duty on the worsted wool fabric.

DATES: Interim rule effective on May 1,

2001. The interim rule is applicable to

products that are entered, or withdrawn

from warehouse, for consumption on or

after January 1, 2001. Comments must

be received on or before July 2, 2001.

ADDRESSES: Written comments may be

addressed to and inspected at the

Regulations Branch, U.S. Customs

Service, 1300 Pennsylvania Avenue,

NW., 3rd Floor, Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: Tom

Fitzpatrick, Office of Field Operations,

(202–927–5385).

SUPPLEMENTARY INFORMATION:

Background

A document published in the Federal

Register (66 FR 21664) on May 1, 2001,

as T.D. 01–35, amended the Customs

Regulations on an interim basis

concerning the implementation of a

tariff-rate quota for certain worsted wool

fabric. Specifically, the interim

regulations amended the Customs

Regulations by adding a new § 132.18

that set forth the form and manner by

which an importer establishes that a

valid license, issued under regulations

of the U.S. Department of Commerce

(‘‘Commerce’’), is in effect for worsted

wool fabric that is the subject of the

tariff-rate quota. The importer must be

in possession of the license or, if not the

licensee, the importer must possess a

written authorization from the licensee,

in order to be able to claim the in-quota

rate of duty on the worsted wool fabric.

The interim rule stated that it would

be applicable to worsted wool products

that were entered or withdrawn from

warehouse for consumption on or after

May 1, 2001.

However, under section 501 of the

Trade and Development Act of

2000(Pub. L. 106–200, 114 Stat. 251;

May 18, 2000), the Harmonized Tariff

Schedule of the United States (HTSUS)

was amended to establish a tariff-rate

quota covering designated worsted wool

fabrics that were entered or withdrawn

from warehouse for consumption, on or

after January 1, 2001.

In this regard, an import license

issued by Commerce that would entitle

an importer to claim the in-quota rate of

duty on worsted wool fabric is valid for

the entire calendar year for which the

license is issued (see 19 CFR

132.18(c)(2) at 66 FR 21667). Licenses

issued by Commerce for the year 2001

are therefore intended to cover worsted

wool fabrics subject to the tariff-rate

quota that are entered or withdrawn

from warehouse for consumption on or

after January 1, 2001.

Consequently, the interim rule is

applicable to worsted wool fabrics

covered under the tariff-rate quota that

are entered or withdrawn from

warehouse for consumption on or after

January 1, 2001, as indicated above

under the DATES caption, and as

corrected below.

Need for Correction

For the reasons noted, the interim

rule, as published, requires clarification.

Correction of Publication

The publication on May 1, 2001 of the

interim rule (T.D. 01–35), which was the

subject of FR Doc. 01–10717, is

corrected as follows:

On page 21664, in the third column,

under the DATES caption, the second

sentence is corrected to read: ‘‘The

interim rule is applicable to products

that are entered, or withdrawn from

warehouse, for consumption, on or after

January 1, 2001.’’

Dated: May 11, 2001.

Stuart P. Seidel,

Assistant Commissioner, Office of

Regulations and Rulings.

[FR Doc. 01–12391 Filed 5–16–01; 8:45 am]

BILLING CODE 4820–02–P

RAILROAD RETIREMENT BOARD

20 CFR Part 217

RIN 3220–AB45

Application for Annuity or Lump Sum

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board amends its regulations to enable

a divorced spouse who remarries the

employee within six months of the

divorce to use the spouse application to

qualify for a divorced spouse annuity

for the period prior to the remarriage.

This amendment eliminates the

necessity for the spouse to file a

separate application for a short period of

benefits.

EFFECTIVE DATE: This rule is effective

May 17, 2001.

FOR FURTHER INFORMATION CONTACT:

Marguerite P. Dadabo, Assistant General

Counsel, Railroad Retirement Board,

telephone (312) 751–4945, TTD (312)

751–4701.

SUPPLEMENTARY INFORMATION: Section

217.8 of the Board’s regulations

describes situations where the Board

will accept an application filed for one

type of annuity as an application for

another type of annuity. An application

may be effective for the period six

months prior to the date of filing. This

final rule adds a provision to enable a

divorced spouse who remarries the

employee within six months of the

divorce to use the spouse application to

qualify for a divorced spouse annuity

for the period after the divorce and prior

to the remarriage. In such cases the

requirement that a claimant be married

to the employee for a period of one year

prior to application for a spouse

annuity, as required by § 216.54 of this

part, is waived.

The Board published this rule as a

proposed rule on May 11, 2000 (65 FR

30366) and invited comments by July

10, 2000. No comments were received.

Accordingly, the proposed rule is

adopted as a final rule without change.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulatory action under

Executive Order 12866; therefore, no

regulatory impact analysis is required.

There are no information collections

associated with this rule.

List of Subjects in 20 CFR Part 217

Railroad employees, Railroad

retirement.

For the reasons set out in the

preamble, the Railroad Retirement

Board amends chapter II of title 20 of

the Code of Federal Regulations as

follows:

PART 217—APPLICATION FOR

ANNUITY OR LUMP SUM

1. The authority citation for part 217

continues to read as follows:

Authority: 45 U.S.C. 231d and 45 U.S.C.

231f.

2. In Subpart B, § 217.8, redesignate

paragraphs (m) through (u) as (n)

through (v), and add a new paragraph

(m) to read as follows:

§ 217.8 When one application satisfies the

filing requirement for other benefits.

* * * * *

Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations 27455

(m) A divorced spouse annuity if the

spouse claimant has remarried the

employee during the six-month

retroactive period of the spouse annuity

application.

* * * * *

Dated: May 1, 2001.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 01–12395 Filed 5–16–01; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 934

[ND–040–FOR; North Dakota State Program

Amendment XXIX]

North Dakota Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

approving a proposed amendment to the

North Dakota regulatory program

(hereinafter, the ‘‘North Dakota

program’’) under the Surface Mining

Control and Reclamation Act of 1977

(SMCRA). The amendment consists of

changes to North Dakota’s revegetation

policy document, Standards for

Evaluation of Revegetation Success and

Recommended Procedures for Pre- and

Postmining Vegetation Assessments.

Many of the changes are the result of

rule changes that were submitted as

amendments to the North Dakota

regulatory program and approved by

OSM in the April 28, 1997, and March

16, 1999, Federal Registers (62 FR

22889, and 64 FR 12896), giving mining

companies options for proving

reclamation success and revising

requirements for tree and shrub

standards. The corresponding changes

are now being incorporated into the

policy document. Other changes include

clarifications, adjusting crop yield data,

adding factors for adjusting yield

standards, requiring plant species to be

predominantly native, providing

consistency for diversity and

seasonality, prescribing the number of

species for tame pastureland and

clarifying sampling procedures. North

Dakota intended to revise its policy

document to reflect changes to its

statute and regulations and make it

consistent with corresponding Federal

regulations and SMCRA.

EFFECTIVE DATE: May 17, 2001.

FOR FURTHER INFORMATION CONTACT: Guy

Padgett, Telephone: (307) 261–6550,

Internet address:

Gpadgett@OSMRE.GOV.

SUPPLEMENTARY INFORMATION:

I. Background on the North Dakota

Program

II. Submission of the Proposed

Amendment

III. Director’s Findings

IV. Summary and Disposition of

Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background of the North Dakota

Program

On December 15, 1980, the Secretary

of the Interior conditionally approved

the North Dakota program. You can find

background information on the North

Dakota program, including the

Secretary’s findings, the disposition of

comments, and conditions of approval

in the December 15, 1980, Federal

Register (45 FR 82214). North Dakota’s

‘‘Standards for Evaluation of

Revegetation Success and

Recommended Procedures for Pre- and

Postmining Vegetation Assessments,’’

hereafter referred to as the ‘‘policy

document’’ was submitted to OSM on

June 1, 1988. The policy document was

submitted to satisfy the requirements of

30 CFR 816.116(a)(1). The Federal

regulations at 30 CFR 816.116(a)(1)

require that regulatory authorities select

revegetation success standards and

statistically valid techniques for

determining revegetation success and

include them in its approved regulatory

program. The policy document satisfies

both these requirements. OSM’s

approval of the policy document was

published in the March 10, 1989,

Federal Register (46 FR 10141).

Subsequent revisions to the policy

document were approved by OSM on

February 17, 1994, and January 8, 1999.

The North Dakota regulatory program

contains specific rules governing

standards for success of various

postmining land uses in NDAC 69–

05.2–22–07. These rules have been

approved by OSM as being consistent

with 30 CFR 816.111 and 816.116.

North Dakota’s policy document must

be consistent with these State

requirements.

You can find other actions concerning

North Dakota’s program and program

amendments at 30 CFR 934.15 and

934.16.

II. Submission of the Proposed

Amendment

By letter dated March 16, 2000, North

Dakota sent us an amendment to its

program (North Dakota State Program

Amendment XXIX), administrative

record No. ND–DD–01) under SMCRA

(30 U.S.C. 1201 et seq.). The amendment

revises North Dakota’s revegetation

policy document. Many of the changes

are made to incorporate rule changes

that were approved by OSM on April

28, 1997, and March 16, 1999,

pertaining to the new option of proving

reclamation success for three out of five

years, starting no sooner than the eighth

year of the responsibility period and

revised reclamation success standards

for woodlands and shelter belts.

In addition to revisions that are made

as a result of rule changes previously

approved by OSM, numerous other

changes are also proposed. These

changes include (1) clarifying the

objectives section, (2) adding provisions

to adjust North Dakota Agricultural

Statistic Service crop yield data to

reflect certain management practices, (3)

including other factors, in addition to

precipitation and temperature, in

developing a cropland and/or tame

pastureland regression equation to

climatically adjust yield standards, (4)

adding a statement to the native

grassland section that established plant

species must be predominantly native,

(5) providing more consistency for

species that must be present on tame

pastureland, and (7) clarifying sampling

procedures regarding when plant

growth forms must be weighed

separately. Some example calculations

were also revised to better reflect

premine conditions found at most of the

mines. Editorial changes were made to

correct errors in statistical formulas and

revisions were made to the objectives

section to clarify when certain

requirements became effective.

We announced receipt of the

proposed amendment in the March 31,

2000, Federal Register (65 FR 17211). In

the same document, we opened the

public comment period and provided an

opportunity for a public hearing or

meeting on the amendment’s adequacy

(administrative record No. ND–DD–04).

We did not hold a public hearing or

meeting because no one requested one.

The public comment period ended at 4

pm m.d.t. May 1, 2000.

III. Director’s Findings

Following are the findings we made

concerning the amendment under

SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17. We are

approving the amendment revising