Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-01-21.xml --- 68 13 Tuesday, January 21, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Natural Resources Conservation Service See Rural Business-Cooperative Service Animal Animal and Plant Health Inspection Service RULES Hawaiian and territorial quarantine notices; and plant-related quarantine, foreign: Fruits and vegetables; movement and importation, 2681-2684 03-1211 Plant-related quarantine, domestic:

Mexican fruit fly, 2679-2680 03-1214 Plant-related quarantine, foreign: Corpus Christi, TX; fresh fruits; cold treatment, 2684-2686 03-1212 PROPOSED RULES Exportation and importation of animals and animal products: Downer cattle and dead stock of cattle and other species; potential bovine spongiform encephalopathy pathways; risk reduction strategies, 2703-2711 03-1210 Pork and pork products imported from regions affected with swine vesicular disease; pork-filled pasta, 2711-2714 03-1213 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities:

Proposed collection; comment request, 2777-2778 03-1180 Submission for OMB review; comment request, 2778-2780 03-1177 03-1178 03-1179 Grants and cooperative agreements; availability, etc.: National Cancer Prevention and Control Program, 2780-2783 03-1192 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency information collection activities:

Submission for OMB review; comment request, 2815-2816 03-1182 Defense Defense Department See Navy Department Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— State Flexibility Program, 2753-2754 03-1373 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc,: NorthPoint Energy Solutions Inc., 2754-2755 03-1216 EPA Environmental Protection Agency RULES Air programs:

Stratospheric ozone protection— Hydrochlorofluorocarbons (HCFCs); production and consumption control; allowance system, 2819-2863 03-95 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 2699-2700 03-958 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Connecticut, 2722-2726 03-1239 Superfund program: National oil and hazardous substances contingency plan— National priorities list update, 2726-2730 03-1144 NOTICES Air pollution control:

State operating permits programs— New York, 2763-2765 03-964 Meetings: Science Advisory Board, 2765 03-1240 Superfund; response and remedial actions, proposed settlements, etc.: Jack Goins Waste Oil Site, TN, 03-1241 2766 03-1242 Superfund program: Federal Agency Hazardous Waste Compliance Docket; Federal facilities; list update; correction, 2814 C2-32908 FAA Federal Aviation Administration RULES Airworthiness directives: MD Helicopters, Inc., 2687-2689 03-1189 PROPOSED RULES Airworthiness directives:

Eurocopter France, 2714-2715 03-1191 NOTICES Antidrug and alcohol misuse prevention programs for personnel engaged in specified aviation activities: Random alcohol and drug testing; minimum annual percentage rates, 2813 03-1166 FCC Federal Communications Commission RULES Digital television stations; table of assignments: Arkansas, 2700-2701 03-1198 Georgia, 2701 03-1197 North Carolina, 2701 03-1196 Radio stations; table of assignments: Various States, 2701-2702 03-1202 PROPOSED RULES Radio frequency devices:

Unlicensed devices operating in additional frequency bands; feasibility, 2730-2733 03-1206 Radio stations; table of assignments: Hawaii, 2733-2734 03-1200 Texas, 2734 03-1199 NOTICES Agency information collection activities: Proposed collection; comment request, 2766-2769 03-1203 03-1204 03-1205 Common carrier services: Federal-State Joint Board on Universal Service— Schools and libraries; universal service support mechanism; review applications, 2769-2771 03-1175 03-1176 Meetings;

Sunshine Act, 2771-2772 03-1408 Privacy Act: Systems of records, 2772-2774 03-1195 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Calpine Energy Services, L.P., et al., 2757-2759 03-1259 Hydroelectric applications, 2759-2763 03-1260 03-1261 03-1262 03-1263 03-1264 *Applications, hearings, determinations, etc.:* Alliance Pipeline L.P., 2755 03-1265 Columbia Gulf Transmission Co., 2755 03-1267 Crossroads Pipeline Co., 2756 03-1266 MIGC, Inc., 2756 03-1268 Tennessee Gas Pipeline Co., 2756-2757 03-1269 Williston Basin Interstate Pipeline Co., 2757 03-1270 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Mills County, IA, and Cass and Sarpy Counties, NE, 2814 03-1194 Mills County, IA, and Sarpy County, NE, 2813-2814 03-1193 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 2775 03-1167 Formations, acquisitions, and mergers, 2775 03-1168 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act; correction, 2814 C3-601 FTC Federal Trade Commission NOTICES Prohibited trade practices: Quicken Loans Inc., 2775-2776 03-1215 Fish Fish and Wildlife Service PROPOSED RULES Environmental statements; availability, etc.:

Incidental take permits— El Paso County, CA; Preble's meadow jumping mouse, 2792-2793 03-1066 Food Food and Drug Administration RULES Biological products: Human cells, tissues, and cellular and tissue-based products; establishment registration and listing, 2689-2691 03-1207 NOTICES Agency information collection activities: Reporting and recordkeeping requirements, 2783-2784 03-1256 Debarment orders: Fiddes, Robert A.; correction, 2784 03-1255 Meetings: Vaccine and Related Biological Products Advisory Committee, 2784 03-1208 Food Food and Nutrition Service NOTICES Food distribution programs:

Donated beef and pork substitution with commercial beef and pork; demonstration project, 2748-2749 03-1253 GSA General Services Administration NOTICES Federal Management Regulation: Federal facilities location in rural areas, 2776-2777 03-1183 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health Housing Housing and Urban Development Department NOTICES Agency information collection activities:

Proposed collection; comment request, 2790 03-1223 Grants and cooperative agreements; availability, etc.: Community development and affordable housing; capacity building, 2865-2868 03-1225 Low income housing: Housing assistance payments (Section 8)— Operating cost adjustment factors, 2790-2792 03-1224 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 2784-2787 03-1141 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service RULES Procedure and administration:

Census Bureau; return information disclosure, 2691-2695 03-871 Returns and return information disclosure by other agencies, 2695-2696 03-1158 International International Trade Administration NOTICES Meetings: Environmental Technologies Trade Advisory Committee, 2751 03-1227 International International Trade Commission NOTICES Import investigations: Lawn and garden steel fence posts from— China, 2794-2795 03-1232 Land Land Management Bureau NOTICES Withdrawal and reservation of lands:

Alaska, 2793 03-1252 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 2795 03-1420 Maritime Maritime Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 2814-2815 03-1188 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Biological and Physical Research Advisory Committee, 2795 03-1217 U.S. Centennial of Flight Commission, 2795-2796 03-1218 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 2796 03-1380 NIH National Institutes of Health NOTICES Meetings: National Cancer Institute, 2787-2788 03-1243 03-1244 03-1245 National Institute of Neurological Disorders and Stroke, 2789 03-1249 National Institute on Deafness and Other Communication Disorders, 2789 03-1248 National Institute on Drug Abuse, 03-1246 2788-2789 03-1247 Reports and guidance documents; availability: Drugs for which pediatric studies are needed; list, 2789-2790 03-1250 NOAA National Oceanic and Atmospheric Administration NOTICES Permits:

Marine mammals, 2751-2753 03-1251 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: West Fork Kickapoo River Watershed, WI, 2749-2750 03-1185 Navy Navy Department RULES Agency regulations; amendments, 2697 03-1045 NOTICES Meetings: Naval Postgraduate School Board of Advisors to Superintendent, 2753 03-1300 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 2686-2687 03-1219 NOTICES Meetings: Reactor Safeguards Advisory Committee, 03-1221 2810-2811 03-1222 Source Term Modeling Peer Review Committee, 2811 03-1220 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 2796-2810 03-1161 Postal Postal Service RULES Postage meters: Manufacture and distribution; authorization, 2697-2699 03-1156 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Research Research and Special Programs Administration PROPOSED RULES Hazardous materials:

Miscellaneous amendments, 2734-2747 03-580 Rural Rural Business-Cooperative Service NOTICES Loan guarantee authority; maximum portion available (2003 FY), 2751 03-1226 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 2811-2812 03-1282 SBA Small Business Administration NOTICES Disaster loan areas: South Carolina, 2812 03-1231 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Research and Special Programs Administration NOTICES Aviation proceedings:

Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 2812-2813 03-1165 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service PROPOSED RULES Currency and foreign transactions; financial reporting and recordkeeping requirements: Bank Secrecy Act; implementation— Suspicious transactions; mutual funds reporting requirements, 2716-2721 03-1174 NOTICES Organization, functions, and authority delegations:

Payroll office to service District of Columbia's retired Superior Court and Court of Appeals justices, 2815 03-1042 Veterans Veterans Affairs Department NOTICES Inventions, Government-owned; availability for licensing, 2816 03-1209 Separate Parts In This Issue Part II Environmental Protection Agency, 2819-2863 03-95 Part III Housing and Urban Development Department, 2865-2868 03-1225 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. 68 13 Tuesday, January 21, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-129-1] Mexican Fruit Fly; Regulated Areas AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the Mexican fruit fly regulations by designating a portion of San Diego County, CA, as a regulated area and restricting the interstate movement of regulated articles from that area. This action is necessary to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. DATES: This interim rule was effective January 15, 2003. We will consider all comments that we receive on or before March 24, 2003.

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. 02-129-1, 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. 02-129-1. 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. 02-129-1” 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 A. Knight, Senior Staff Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-8247. SUPPLEMENTARY INFORMATION: Background The Mexican fruit fly *(Anastrepha ludens)* is a destructive pest of citrus and many other types of fruit. The short life cycle of the Mexican fruit fly allows rapid development of serious outbreaks that can cause severe economic losses in commercial citrus-producing areas. The Mexican fruit fly regulations, contained in 7 CFR 301.64 through 301.64-10 (referred to below as the regulations), were established to prevent the spread of the Mexican fruit fly to noninfested areas of the United States. The regulations impose restrictions on the interstate movement of regulated articles from the regulated areas. Section 301.64-3 provides that the Deputy Administrator for Plant Protection and Quarantine, Animal and Plant Health Inspection Service (APHIS), shall list as a regulated area each quarantined State, or each portion of a quarantined State, in which the Mexican fruit fly has been found by an inspector, in which the Deputy Administrator has reason to believe the Mexican fruit fly is present, or that the Deputy Administrator considers necessary to regulate because of its proximity to the Mexican fruit fly or its inseparability for quarantine enforcement purposes from localities in which the Mexican fruit fly occurs. Less than an entire quarantined State is designated as a regulated area only if the Deputy Administrator determines that the State has adopted and is enforcing a quarantine or regulation that imposes restrictions on the intrastate movement of the regulated articles that are substantially the same as those that are imposed with respect to the interstate movement of the articles and the designation of less than the entire State as a regulated area will otherwise be adequate to prevent the artificial interstate spread of the Mexican fruit fly. Recent trapping surveys by inspectors of California State and county agencies and by APHIS inspectors reveal that a portion of San Diego County, CA, is infested with the Mexican fruit fly. Accordingly, to prevent the spread of the Mexican fruit fly to noninfested areas of the United States, we are amending the regulations in § 301.64-3 by designating that portion of San Diego County, CA, as a regulated area for the Mexican fruit fly. The regulated area is described in detail in the rule portion of this document. The Deputy Administrator has determined that it is not necessary to designate the entire State of California as a regulated area. Emergency Action This rulemaking is necessary on an emergency basis to prevent the Mexican fruit fly from spreading to noninfested areas of the United States. 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 rule 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. 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 under Executive Order 12866. This rule amends the Mexican fruit fly regulations by designating a portion of San Diego County, CA, as a regulated area and restricting the interstate movement of regulated articles from that area. This action is necessary to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. This emergency situation makes timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a final regulatory flexibility analysis. 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. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this interim rule. The site-specific environmental assessment provides a basis for the conclusion that the implementation of integrated pest management to eradicate the Mexican fruit fly will not have a significant impact on human health and the natural environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with:

(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),

(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),

(3)USDA regulations implementing NEPA (7 CFR part 1b), and

(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). Copies of the environmental assessment and finding of no significant impact are available for public inspection in our reading room (information on the location and hours of the reading room is provided under the heading ADDRESSES at the beginning of this document). In addition, copies may be obtained from the individual listed under FOR FURTHER INFORMATION CONTACT. Paperwork Reduction Act This interim rule contains no 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. 7711, 7712, 7714, 7731, 7735, 7751, 7752, 7753, 7754, and 7760; 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). 2. In § 301.64-3, paragraph

(c)is amended by adding, in alphabetical order, under the heading “California,” an entry for San Diego County to read as follows: § 301.64-3 Regulated areas.

(c)* * * California *San Diego County:* That portion of San Diego County in the Valley Center area bounded by a line as follows: Beginning at the intersection of State Highway 76 and Rice Canyon Road; then north on Rice Canyon Road to Huntley Road; then northeast on Huntley Road to Alex Road; then northeast on Alex Road to Rainbow Crest Road; then north, northwest, and north on Rainbow Crest Road to Rainbow Heights Road; then north on Rainbow Heights Road to Arouba Road; then southeast on Arouba Road to Aruba Road; then northeast on Aruba Road to Pala Temecula Road; then north on Pala Temecula Road to the San Diego County boundary line; then east along the San Diego County boundary line to the Cleveland National Forest boundary line; then south, east, south, east, south, east, northeast, and southeast along the Cleveland National Forest boundary line to Nate Harrison Grade Road; then southwest, northwest, southeast, west, southeast, and southwest on Nate Harrison Grade Road to Mesa Drive North; then southeast, northeast, southwest, northeast, and southwest on Mesa Drive North to State Highway 76; then northwest on State Highway 76 to Lazy H Drive; then west and south on Lazy H Drive to its southernmost point; then southwest along an imaginary line from the southernmost point of Lazy H Drive to the northernmost point of The Yellow Brick Road; then south on The Yellow Brick Road to Fruitvale Road; then west on Fruitvale Road to Mac Tan Road; then south on Mac Tan Road to Valley Center Road; then west, northwest, west, and south on Valley Center Road to Mirar De Valle Road; then west on Mirar De Valle Road to Alps Way; then west on Alps Way to Cougar Pass Road; then northwest on Cougar Pass Road to Meadow Glen Way East; then west, north, west, and southwest on Meadow Glen Way East to Mountain Meadow Road; then north on Mountain Meadow Road to Glenmeade Way; then west and southwest on Glenmeade Way to Sage Hill Way; then west on Sage Hill Way to Meadow Glen Way West; then north, west, and northwest on Meadow Glen Way West to Welk Highland Drive; then northwest on Welk Highland Drive to Welk View Drive; then west, north, southwest, north, southwest, and west on Welk View Drive to Champagne Boulevard; then north on Champagne Boulevard to Old Highway 395; then north on Old Highway 395 to Dulin Road; then northeast on Dulin Road to Shearer Crossing; then north on Shearer Crossing to Pankey Road; then north on Pankey Road to State Highway 76; then northeast on State Highway 76 to the point of beginning. Done in Washington, DC, this 15th day of January 2003. Peter Fernandez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-1214 Filed 1-17-03; 8:45 am]

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