Unknown. Interim rule and request for comments

3,280 words·~15 min read·/register/2002/03/21/02-6839

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2002-03-21.xml --- 67 55 Thursday, March 21, 2002 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 13183-13184 02-6785 Agricultural Agricultural Marketing Service PROPOSED RULES Papayas grown in— Hawaii, 13104-13105 02-6957 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Citrus canker, 13083-13084 02-6839 PROPOSED RULES Exportation and importation of animals and animal products: Foot-and-mouth disease; disease status change— Greece, 13105-13108 02-6837 Plant quarantine safeguard regulations: Untreated oranges, tangerines, and grapefruit from Mexico transiting U.S. to foreign countries, 13103-13104 02-6838 Army Army Department See Engineers Corps NOTICES Meetings: Armed Forces Epidemiological Board, 13127 02-6867 Science Board, 13127-13128 02-6885 Privacy Act:

Systems of records, 13128-13129 02-6834 Census Census Bureau NOTICES Meetings: Census Advisory Committees, 13125 02-6830 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Illinois, 13124 02-6857 Montana, 13124 02-6858 Tennessee, 13125 02-6859 Wisconsin, 13125 02-6860 Commerce Commerce Department See Census Bureau See Export Administration Bureau See Foreign-Trade Zones Board See National Oceanic and Atmospheric Administration Customs Customs Service RULES Merchandise entry:

Andean Trade Preference Act; implementation Correction, 13092 02-6808 Defense Defense Department See Army Department See Engineers Corps NOTICES Committees; establishment, renewal, termination, etc.: Federal advisory committees (19 renewals), 13126-13127 02-6831 Historical Advisory Committee, 13127 02-6832 Meetings: Science Board, 13127 02-6833 Drug Drug Enforcement Administration PROPOSED RULES Schedules of controlled substances: Buprenorphine; placement into Schedule III, 13114-13116 02-6767 Education Education Department NOTICES Agency information collection activities:

Proposed collection; comment request, 13129-13130 02-6791 Submission for OMB review; comment request, 13130-13131 02-6790 Meetings: Institutional Quality and Integrity National Advisory Committee, 13131-13133 02-6841 Employment Employment Standards Administration NOTICES Agency information collection activities: Proposed collection; comment request, 13195-13196 02-6866 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Floodplain and wetlands protection; environmental review determinations; availability, etc.:

Oak Ridge Reservation, TN; Parcel G conveyance, 13133-13134 02-6818 Energy Energy Information Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 13134 02-6817 Engineers Engineers Corps NOTICES Meetings: Inland Waterways Users Board, 13129 02-6868 EPA Environmental Protection Agency RULES Air programs: Fuels and fuel additives— Denver/Boulder, CO; Federal summer gasoline Reid Vapor Pressure volatility standard; relaxation; withdrawn, 13092-13093 02-6846 NOTICES Agency information collection activities:

Proposed collection; comment request, 13139-13140 02-6849 Grants and cooperative agreements; availability, etc.: Beaches Environmental Assessment and Coastal Health Act Program Development Grants, 13140-13143 02-6850 Pesticide programs: Risk assessments; availability, etc.— Atrazine, 13143-13144 02-6853 Water pollution control: Total maximum daily loads— Mermentau and Vermilion/Teche river basins, LA; determinations that TMDLs are not needed, 13144-13145 02-6845 Water supply:

Public water supply supervision program— Florida, 13145-13146 02-6851 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States MISSING FOR: Export Administration Bureau Export Administration Bureau RULES Export licensing: Commerce Control List— Microprocessors controlled by Export Control Classification Number 3A001; License Exception CIV eligibility, 13091-13092 02-6875 MISSING FOR: Export-Import Bank Export-Import Bank NOTICES Agency information collection activities:

Proposed collection; comment request, 13146-13181 02-6708 FAA Federal Aviation Administration RULES Airworthiness directives: Honeywell, 13089-13091 02-6502 PROPOSED RULES Airworthiness directives: Bombardier, 13108-13111 02-6794 McDonnell Douglas, 13111-13113 02-6795 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Non-rural local exchange carriers; high cost support; correction, 13094-13095 02-6370 Frequency allocations and radio treaty matters:

Frequency Allocations Table; CFR correction, 13093-13094 02-55510 Organization, functions, and authority delegations: Media Bureau establishment and other organizational changes, 13229-13235 02-6353 Media Bureau, Wireline Competition Bureau, and Consumer and Governmental Affairs Bureau establishment, International Bureau reorganization, etc., 13215-13230 02-6352 NOTICES Common carrier services: Century Tel of the Southwest, Inc.; New Mexico service area definition; petition, 13182-13183 02-6773 Rulemaking proceedings; petitions filed, granted, denied, etc., 13183 02-6771 Federal Emergency Federal Emergency Management Agency RULES Disaster assistance:

Temporary housing assistance; CFR correction, 13093 02-55507 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Hermiston Power Partnership et al., 13135-13136 02-6786 Environmental statements; availability, etc.: Goodrich Falls Hydro Electric Co., 13136-13137 02-6789 Environmental statements; notice of intent: Reef International, L.L.C., 13137-13138 02-6787 Practice and procedure: Off-the-record communications, 13138-13139 02-6843 *Applications, hearings, determinations, etc.:* United Illuminating Co. et al., 13134-13135 02-6842 UtiliCorp United Inc., 13135 02-6788 Federal Highway Federal Highway Administration NOTICES Agency information collection activities:

Proposed collection; comment request, 13206-13207 02-6821 FMC Federal Maritime Commission PROPOSED RULES Filing and service fees; revision, 13118-13122 02-6742 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 13183 02-6782 Formations, acquisitions, and mergers, 13183 02-6783 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: Gulf Insurance Co., 13212-13213 02-6784 Fish Fish and Wildlife Service RULES Endangered and threatened species:

Sacramento splittail, 13095-13098 02-6803 PROPOSED RULES Endangered and threatened species: Critical habitat designations— Piping plover; northern Great Plains breeding population, 13123 02-6802 NOTICES Environmental statements; availability, etc.: Incidental take permits— Collier County, FL; red-cockaded woodpecker, 13187-13189 02-6812 Davidson County, TN; Nashville crayfish, 13185-13187 02-6811 Douglas County, CO; Preble's meadow jumping mouse, 13184-13185 02-6809 Survival enhancement permits— Southern Idaho ground squirrel;

Washington and Payette Counties, ID; candidate conservation agreement, 13189-13190 02-6810 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Nevada Dell Computer Corp.; personal computer manufacturing facility, 13125-13126 02-6871 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Glenn/Colusa County, 13124 02-6815 North Central Idaho, 13124 02-6864 GIPSA Grain Inspection, Packers and Stockyards Administration RULES Fees:

Official inspection and weighing services, 13084-13089 02-6835 Health Health and Human Services Department See Aging Administration Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service NOTICES Advisory committees; annual reports; availability: Art Advisory Panel; 2001 closed meetings, 13211 02-6774 Agency information collection activities: Proposed collection; comment request, 13210-13212 02-6872 02-6873 02-6874 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments:

Boise Cascade Corp., 13194-13195 02-6800 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Closure of public lands: Arizona, 13190 02-6776 Nevada, 13190-13191 02-6780 Meetings: Resource Advisory Committees— Medford District, 13192 02-6779 Resource Advisory Councils— Central California, 13191 02-6775 Northeastern Great Basin, 13191-13192 02-6778 Northwest California, 13192 02-6781 Withdrawal and reservation of lands:

Florida, 13192-13193 02-6777 Legal Legal Services Corporation PROPOSED RULES Legal services; eligibility: Negotiated rulemaking working group; meetings, 13117-13118 02-6840 Minerals Minerals Management Service NOTICES Meetings: Fixed facilities on Outer Continental Shelf; inspection and Coast Guard regulations enforcement; responsibility transfer from CG to MMS, 13193 02-6797 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Solid Rock Construction, Inc., et al., 13196-13197 02-6796 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species:

Sea turtle conservation— Mid-Atlantic Exclusive Economic Zone; closure to large-mesh gillnet fishing, 13098-13101 02-6772 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 13101-13102 02-6856 NOTICES Coastal zone management programs and estuarine sanctuaries: Consistency appeals— Stora Enso North America, 13126 02-6798 National Park National Park Service NOTICES Environmental statements; availability, etc.: Devils Tower National Monument, WY; general management plan, 13193-13194 02-6610 Environmental statements; notice of intent:

Valley Forge National Historical Park, PA; general management plan, 13194 02-6609 Nuclear Nuclear Regulatory Commission NOTICES Meetings: Yucca Mountain, NV; potential high-level waste repository— Activities overview, 13198-13199 02-6813 *Applications, hearings, determinations, etc.:* Yankee Atomic Electric Co., 13197-13198 02-6814 Occupational Occupational Safety and Health Administration PROPOSED RULES Shipyard employment safety and health standards: Scaffolds; welding, cutting, and heating; access and egress, and fall protection; withdrawn, 13117 02-6805 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: President's Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security, establishment (EO 13260), 13241-13242 02-7086 Government agencies and employees: Environmental Protection Agency, providing an order of succession and amending certain orders on succession (EO 13261), 13243-13244 02-7087 Public international organizations, designation for purposes of the Securities Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977 (EO 13259), 13237-13239 02-7085 Public Public Debt Bureau See Fiscal Service Research Research and Special Programs Administration RULES Hazardous materials:

General information, regulations, and definitions; CFR correction, 13095 02-55505 NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 13207-13209 02-6822 02-6823 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Securities Clearing Corp., 13200-13202 02-6828 02-6829 Options Clearing Corp., 13202-13204 02-6826 02-6827 *Applications, hearings, determinations, etc.:* Public utility holding company filings, 13199-13200 02-6799 SBA Small Business Administration PROPOSED RULES Hearings and Appeals Office proceedings:

Revision and clarification Correction, 13108 02-6792 State State Department NOTICES Agency information collection activities: Submission for OMB review; comment request, 13204 02-6862 Meetings: Eastern Europe and Independent States of Former Soviet Union Study Advisory Committee, 13204-13205 02-6861 Surface Surface Transportation Board NOTICES Railroad services abandonment: Burlington Northern & Santa Fe Railway Co., 13209-13210 02-6594 02-6736 Trade Trade Representative, Office of United States NOTICES World Trade Organization:

Accessions; U.S. participation in negotiation of accession terms; comment request, 13205-13206 02-6865 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Research and Special Programs Administration See Surface Transportation Board PROPOSED RULES International charter flights; approval standards; rulemaking petition, 13113-13114 02-6820 Treasury Treasury Department See Customs Service See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Federal Communications Commission, 13215-13235 02-6352 02-6353 Part III The President, 13237-13239, 13241-13244 02-7085 02-7086 02-7087 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 55 Thursday, March 21, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-018-1] Citrus Canker; Removal of Quarantined Area AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the citrus canker regulations by removing a portion of Hillsborough County, FL, from the list of quarantined areas. The regulations require that an area be free from citrus canker for a period of at least 2 years before it may be removed from the list of quarantined areas. Surveys have shown that the quarantined area in Hillsborough County, FL, has been free of citrus canker since December 1999. This rule removes restrictions on the interstate movement of regulated articles from that portion of Hillsborough County, FL.

DATES: This interim rule is effective March 21, 2002. We will consider all comments we receive that are postmarked, delivered, or e-mailed by May 20, 2002. ADDRESSES: You may submit comments by postal mail/commercial delivery or by e-mail. If you use postal mail/commercial delivery, please send four copies of your comment (an original and three copies) to: Docket No. 02-018-1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 02-018-1. If you use e-mail, address your comment to *regulations@aphis.usda.gov.* Your comment must be contained in the body of your message; do not send attached files. Please include your name and address in your message and “Docket No. 02-018-1” on the subject line. 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.* FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer, Surveillance and Emergency Programs Planning and Coordination, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;

(301)734-8899. SUPPLEMENTARY INFORMATION: Background Citrus canker is a plant disease that affects plants and plant parts, including fresh fruit, of citrus and citrus relatives (Family *Rutaceae* ). Citrus canker can cause defoliation and other serious damage to the leaves and twigs of susceptible plants. It can also cause lesions on the fruit of infected plants, which render the fruit unmarketable, and cause infected fruit to drop from the trees before reaching maturity. The aggressive A (Asiatic) strain of citrus canker can infect susceptible plants rapidly and lead to extensive economic losses in commercial citrus-producing areas. The regulations to prevent the interstate spread of citrus canker are contained in 7 CFR 301.75-1 through 301.75-16 (referred to below as the regulations). The regulations restrict the interstate movement of regulated articles from and through areas quarantined because of citrus canker and provide for the designation of survey areas around quarantined areas. Survey areas undergo close monitoring by Animal and Plant Health Inspection Service (APHIS) and State inspectors for citrus canker and serve as buffer zones against the disease. Under § 301.75-4(c) of the regulations, any State or portion of a State where an infestation is detected will be designated as a quarantined area and will retain that designation until the area has been free from citrus canker for 2 years. A portion of Hillsborough County, FL, has been free of citrus canker since December 1999, and has thus met the requirement for declaration of eradication—that an area be free from citrus canker for a period of at least 2 years. In this case, regular and complete surveys have been conducted on an approximately monthly basis since the infestation was first detected, including surveys of all citrus trees located in both commercial groves and at residential properties. In addition, any wild citrus present in the area has also been surveyed. Therefore, we are amending the citrus canker regulations by removing the portion of Hillsborough County, FL, from the list of quarantined areas. This action removes restrictions on the interstate movement of regulated articles from the portion of Hillsborough County, FL, that we are removing from the list of quarantined areas. With the removal of this area, there are no longer any quarantined areas within Hillsborough County, FL. Immediate Action Immediate action is warranted to remove restrictions on the interstate movement of regulated articles from the portion of Hillsborough County, FL, that we are removing from the list of quarantined areas based on its freedom from citrus canker for a period of at least 2 years. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule as a result of the comments. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process required by Executive Order 12866. We are amending the citrus canker regulations by removing a portion of Hillsborough County, FL, from the list of quarantined areas. The regulations require that an area be free from citrus canker for a period of at least 2 years before it may be removed from the list of quarantined areas. Surveys have shown that the quarantined area in Hillsborough County, FL, has been free of citrus canker since December 1999. This rule removes restrictions on the interstate movement of regulated articles from that portion of Hillsborough County, FL. Commercial citrus production in Hillsborough County accounts for only a small portion of the total citrus production in the State of Florida (see table 1 below). Table 1.—Hillsborough County Citrus Production, 2000-2001 Season Boxes of citrus Percentage of Florida total All Round Oranges 8,759,000 3.9 All Grapefruit 224,000 0.48 All Citrus 9,179,000 3.3 While producers in the area that we are removing from the list of quarantined areas will benefit from removal of movement restrictions, it is unlikely that the benefit will be big enough to measure statistically. This action does not impose any costs on producers or on government entities. The Regulatory Flexibility Act requires agencies to consider the economic impacts of their rules on small entities. The entities most likely to be affected by this rule are citrus producers in and around the area in Hillsborough County, FL, that we are removing from the list of quarantined areas. The Small Business Administration defines a firm engaged in agriculture as “small” if it has less than $750,000 in annual receipts. All of the four citrus grove firms in Hillsborough County, FL, qualify as small entities. Citrus producers in the area that we are removing from the list of quarantined areas will benefit from having a greater choice of where to market their fruit. It is unlikely, however, that producer income or expenses would be affected in a measurable way. It is difficult to quantify the benefits of removing an area from quarantine. While producers will have greater choice of where to market their citrus crops, most of the trees in the quarantined area have been destroyed. It is unlikely that the removal of the quarantine will have any measurable effect on producers or consumers. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3. Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 1421 note). § 301.75-4 [Amended] 2. In § 301.75-4, paragraph (a), the entry for Hillsborough County is removed. Done in Washington, DC, this 18th day of March 2002. W. Ron DeHaven, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 02-6839 Filed 3-20-02; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code