10574 Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations

4Order No. 571, 59 FR 59137 (Nov. 16, 1994);

FERC Stats. & Regs. [Regulation Preambles January

1991–June 1996] ¶ 31,006 at 31,168 (Oct. 28, 1994).

5See Instruction No. 6 of revised FERC Form No.

6 page 700.

6 65 FR 81335 (Dec. 26, 2000); III FERC Stats. &

Regs. ¶ 31,115 at 31,960–31,961 (Dec. 13, 2000).

Also, see Instruction No. 7 of FERC Form No. 6 page

700.

company revenues on page 700, it

argued that only jurisdictional operating

revenues should be reported on this

page. In the Final Rule, the Commission

stated that it agreed with AOPL’s

comment and revised Line No. 10 of

page 700 to require pipelines to report

‘‘Total Interstate Operating Revenues.’’

On rehearing, SPOPS argues that by

requiring pipelines to report only

jurisdictional cost of service and

revenues on page 700, it will give

pipelines an enhanced opportunity to

mis-allocate jurisdictional costs and

revenues in favor of the pipelines.

The Commission never intended in

the Final Rule to have a pipeline report

its non-jurisdictional costs on page 700.

Rather, page 700 was to be a preliminary

screening tool that would permit a

shipper to compare proposed changes in

rates against the pipeline’s jurisdictional

cost of service.4 Page 700, as revised by

Order No. 620, results in the proper

matching of FERC jurisdictional costs

and revenues for shippers to use in

assessing rate proposals. Accordingly,

we take this opportunity to clarify Order

No. 620 that the cost-of-service and

revenue data reported on page 700 will

be the cost of service and revenues

related to FERC jurisdictional services.

In response to SPOPS’s concern that

the Final Rule will enable pipelines to

improperly allocate costs and revenues

in determining data to be reported on

page 700, we have adopted measures to

ensure consistency in how a pipeline

computes the information it reports on

page 700. If a pipeline makes major

changes in its application of the

Opinion No. 154–B methodology, it

must disclose on page 700 that it has

done so and recalculate the prior year’s

cost of service data to reflect the change

so that valid comparisons of data can be

made from one year to the next.5

Moreover, in Order No. 620, we

required pipelines to maintain

workpapers that fully support the data

reported on page 700 including but not

limited to the total cost-of-service

calculations and all of its associated

components. This includes allocations

of costs and revenues between carrier

and non-carrier, jurisdictional and nonjurisdictional facilities/services, and

between interstate and intrastate

services, assumptions made for the

Opinion No. 154–B calculations and

cross-references to underlying source

documents. In addition, Order No. 620

provides that the Commission or its staff

may request that a pipeline make its

workpapers available.6 Given these

safeguards, SPOPS’s claim of possible

manipulation of data reported on page

700 is speculative at best.

The Commission Orders

SPOPS’s request for rehearing of

Order No. 620 is denied.

By the Commission.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 01–3965 Filed 2–15–01; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 179

[Docket No. 00F–0789]

Irradiation in the Production,

Processing, and Handling of Food

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to expand the

conditions of safe use of X-radiation and

electron beam energy sources for the

treatment of prepackaged foods by

irradiation. This action is in response to

a petition filed by the National Center

for Food Safety and Technology, Illinois

Institute of Technology.

DATES: This rule is effective February

16, 2001. Submit written objections and

requests for a hearing by March 19,

2001.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

5630 Fishers Lane, rm. 1061, Rockville,

MD 20852.

FOR FURTHER INFORMATION CONTACT:

Mark A. Hepp, Center for Food Safety

and Applied Nutrition (HFS–215), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3098.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

March 2, 2000 (65 FR 11320), FDA

announced that a food additive petition

(FAP 0M4711) had been filed by the

National Center for Food Safety and

Technology, Illinois Institute of

Technology, 6502 South Archer Rd.,

Summit-Argo, IL 60501–1933. The

petition proposed to amend the food

additive regulations in § 179.45

Packaging materials for use during the

irradiation of prepackaged foods (21

CFR 179.45) to expand the conditions of

safe use of X-radiation and electron

beam energy sources for the treatment of

prepackaged foods by irradiation.

FDA has evaluated the data in the

petition and other relevant material.

Based on this information, the agency

concludes that: (1) The proposed use of

the additives as sources of radiation for

irradiating of prepackaged foods is safe,

(2) the additives will achieve their

intended technical effect, and therefore,

(3) the regulations in § 179.45 should be

amended as set forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has previously considered

the environmental effects of this rule as

announced in the notice of filing for

FAP 0M4711. No new information or

comments have been received that

would affect the agency’s previous

determination that there is no

significant impact on the human

environment and that an environmental

impact statement is not required.

This final rule contains no collection

of information. Therefore, clearance by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 is not required.

Any person who will be adversely

affected by this regulation may at any

time file with the Dockets Management

Branch (address above) written

objections by March 19, 2001. Each

objection shall be separately numbered,

and each numbered objection shall

specify with particularity the provisions

of the regulation to which objection is

made and the grounds for the objection.

Each numbered objection on which a

hearing is requested shall specifically so

state. Failure to request a hearing for

any particular objection shall constitute

a waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

Federal Register / Vol. 66, No. 33 / Friday, February 16, 2001 / Rules and Regulations 10575

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

are to be submitted and are to be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 179

Food additives, Food labeling, Food

packaging, Radiation protection,

Reporting and recordkeeping

requirements, Signs and symbols.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 179 is

amended as follows:

PART 179—IRRADIATION IN THE

PRODUCTION, PROCESSING AND

HANDLING OF FOOD

1. The authority citation for 21 CFR

part 179 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 343, 348,

373, 374.

§ 179.45 [Amended]

2. Section 179.45 Packaging materials

for use during the irradiation of

prepackaged foods is amended in the

introductory text of paragraph (b) by

adding the phrase ‘‘, electron beam, or

X-’’ after the word ‘‘gamma’’ and in the

introductory text of paragraph (d) by

adding the phrase ‘‘, electron beam,’’

after the word ‘‘gamma’’.

Dated: January 31, 2001.

Ann M. Witt,

Acting Associate Commissioner for Policy.

[FR Doc. 01–3885 Filed 2–15–01; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice 3575]

Bureau of Political-Military Affairs;

Amendments to the International

Traffic in Arms Regulation: Canadian

Exemption

AGENCY: Department of State.

ACTION: Final rule.

SUMMARY: This rule amends the

Canadian Exemption of the

International Traffic in Arms

Regulations (ITAR) to change the

authorized end-users to Canadian

Federal or Provincial government

authority acting in an official capacity

or a Canadian-registered person. The

amendment also adds a new defense

service exemption. Further, it amends

the list of defense articles requiring a

license.

EFFECTIVE DATE: May 30, 2001.

FOR FURTHER INFORMATION CONTACT:

William J. Lowell, Director, Office of

Defense Trade Controls, Bureau of

Political-Military Affairs, Department of

State, ATTN: Regulatory Change

Canadian Exemption (202) 663–2862 or

(202) 261–8264.

SUPPLEMENTARY INFORMATION: The

United States Government (USG) and

the Government of Canada (GOC) have

completed bilateral discussions on

export controls that have resulted in

each Government making changes to

their respective regulations. The

Government of Canada has made

numerous changes to its export control

system by law and regulation, including

providing coverage for all items of the

type controlled on the United States

Munitions List (USML) on its control

lists. Their changes also involve

establishing a system that identifies and

permits registration of persons who will

be eligible on the basis of Canadian

citizenship or permanent residence and

of risk assessment to have access to

USML articles exported from the United

States or re-transferred within Canada

without a U.S. license. Furthermore, the

GOC promulgated regulations requiring

USG approval prior to any re-export or

retransfer of the International Traffic in

Arms Regulations (‘‘ITAR’’)-controlled

items either within Canada or to a third

country. In response, the USG is

amending Section 126.5 of ITAR to

expand significantly the scope of the

Canadian exemption, specifically by

reflecting the Canadian registration

system. The amendment makes

corresponding changes to permit

specified end users eligible to receive

defense articles exported under this

exemption. Those end users are

Canadian Federal or Provincial

government authorities acting in an

official capacity and Canadianregistered persons. For purposes of this

section only, a Canadian-registered

person is any Canadian national

(including Canadian business entities

organized under the laws of Canada),

dual national, and permanent resident

registered in Canada in accordance with

the Canadian Defence Production Act.

Even where a Canadian business entity

is so registered, this does not qualify

any employee to receive items subject to

this exemption unless the employee is

also a national, dual national or

permanent resident of Canada.

The Government of Canada published

a regulatory change effective April 30,

2001, establishing a registration system

that will permit Canadian firms to be

registered as eligible to receive exports

from the United States on May 30, 2001,

the effective date of this regulatory

change.

Section 126.5 is also amended to add

a new defense service exemption that

provides registered United States and

Canadian-registered persons the ability

to, without obtaining a license, work

together to respond to U.S. and

Canadian Government requests for a

quote or a bid proposal. This

amendment also permits exchanges

necessary to respond to a registered U.S.

company’s request to produce, design,

assemble, maintain or service a defense

article. To utilize this amendment, U.S.

exporters are advised to ensure that they

can meet all the criteria prior to export

and that adequate records of disclosure

are maintained to verify that only the

information exempt is exported.

Also, the list of items requiring a

license prior to export is being amended

to change the coverage. The changes

include a requirement to obtain a

license prior to export to Canada for all

technical data and defense services for

gas turbine engine hot sections covered

by Categories VI(f) and VIII(b)—not to

include hardware; developmental

aircraft, engines and components

identified in Category VIII(f); all

category XII(c), except 1st- and 2ndgeneration image intensification tubes

and 1st- and 2nd-generation image

intensification night sighting equipment

and end items in Category XII(c) and

related technical data limited to basic

operations, maintenance and training

information as authorized under

exemption in Section 125.4(b)(5) when

exported directly to a Canadian

Government; chemical agents listed in

Category XIV(a), biological agents in

Category XIV(b), and equipment listed

in Category XIV(c) for dissemination of

the chemical agents and biological

agents in (a) and (b); nuclear radiationmeasuring devices manufactured to

military specifications listed in XIV(d);

all spacecraft in Category XV(a), except

commercial communications satellites;

XV(c), except end items when for use by

the Federal Government of Canada;

Category XV(d); certain systems,

components and parts included within

the coverage of XV(e); and,

miscellaneous articles covered by

Category XXI.

It remains the responsibility of the

U.S. exporter of record to determine, in

writing, the Canadian end-user, end-use,