Unknown. Interim rule and request for comments

5,039 words·~23 min read·/register/2003/02/10/03-3182

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-2003-02-10.xml --- 68 27 Monday, February 10, 2003 Contents Agricultural Agricultural Marketing Service NOTICES Agency information collection activities: Proposed collection; comment request, 6708 03-3116 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Natural Resources Conservation Service Animal Animal and Plant Health Inspection Service RULES Noxious weeds:

Witchweed; regulated areas, 6603-6605 03-3182 PROPOSED RULES Exportation and importation of animals and animal products: Foot-and-mouth disease; disease status change— Uruguay, 6673-6677 03-3228 Noxious weeds: Kikuyu grass cultivars, 6653-6655 03-3181 NOTICES Meetings: Veterinary biological products, 6708-6709 03-3180 Army Army Department See Engineers Corps NOTICES Meetings: Armament Retooling and Manufacturing Support Executive Advisory Committee, 6723-6724 03-3249 Army Education Advisory Committee, 6724 03-3248 U.S.

Military Academy, Board of Visitors, 6724 03-3245 Patent licenses; non-exclusive, exclusive, or partially exclusive: Method for treating, preventing, or inhibiting enterotoxigenic escherichia coli infections with bovine erythrocyte preparations, 6724-6725 03-3244 Protective garment, 6725 03-3243 Senior Executive Service: Performance Review Board; membership, 6725 03-3247 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 6750 03-3128 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Hospital outpatient prospective payment system (2003 CY); correction, 6636-6644 03-2789 PROPOSED RULES Medicare: End-stage renal disease services; provider bad debt payment, 6682-6687 03-2974 NOTICES Committees; establishment, renewal, termination, etc.: Medicare Education Advisory Panel; meeting, 6750-6751 03-3073 Coast Guard Coast Guard RULES Drawbridge operations: South Carolina, 6621 03-3264 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology Copyright Copyright Office, Library of Congress PROPOSED RULES Copyright office and procedures:

Prohibition to circumvention of copyright protection systems for access control technologies; exemption, 6678-6679 03-3256 Defense Defense Department See Army Department See Engineers Corps RULES Civilian health and medical program of uniformed services (CHAMPUS): TRICARE program— Double coverage; third-party recoveries, 6617-6621 03-3159 Education Education Department NOTICES Special education and rehabilitative services: Individuals with Disabilities Education Act (IDEA)— Correspondence; quarterly list, 6725-6727 03-3257 Employment Employment and Training Administration NOTICES NAFTA transitional adjustment assistance:

Bristol Bay Native Association, 6775-6783 03-3188 03-3189 03-3190 03-3227 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Meetings: Estuary Habitat Restoration Council, 6725 03-3246 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Generic maximum achievable control technology— Process wastewater definition; CFR correction, 6635-6636 03-55504 Air programs; approval and promulgation;

State plans for designated facilities and pollutants: New Hampshire, 6630-6635 03-2540 03-2941 Air quality implementation plans; approval and promulgation; various States: Kentucky, 6629-6630 03-3237 03-3239 West Virginia, 6627-6629 03-2938 PROPOSED RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: New Hampshire, 6681-6682 03-2541 03-2940 Air quality implementation plans; approval and promulgation; various States: West Virginia, 6681 03-2939 NOTICES Grants and cooperative agreements; availability, etc.:

Environmental Professional Intern Program, 6739-6744 03-3238 FAA Federal Aviation Administration RULES Airports: Airport noise compatibility planning; CFR correction, 6608 03-55506 Class D and Class E airspace, 6606-6607 03-3266 Class E5 airspace, 6607-6608 03-3270 PROPOSED RULES Air traffic operating and flight rules, etc.: Enhanced flight vision systems, 6801-6813 03-3265 Class D and Class E airspace, 6677-6678 03-3267 NOTICES Aeronautical land-use assurance; waivers: City-County Airport, Madras, OR, 6789-6790 03-3271 Passenger facility charges; applications, etc.:

Kalamazoo/Battle Creek International Airport, MI, 6790 03-3272 Reports and guidance documents; availability, etc.: Rotor Manufacturing Induced Anomaly Database (ROMAN); voluntarily submitted information protected from disclosure, 6790-6792 03-3274 Transport category airplanes— Strengthened flight deck doors; certification, 6793 03-3273 FCC Federal Communications Commission RULES Common carrier services: Federal-State Joint Board on Universal Service— Non-rural local exchange carriers; high-cost support; forward looking mechanism;

Delphi version, 6646-6648 03-3111 PROPOSED RULES Common carrier services: International Settlements Policy reform and international settlement rates, 6689 03-3137 Radio services, special: Private land mobile radio services— Public safety communications improvements in 800 MHz band, etc.; extension of comment period, 6688-6689 03-3275 Public safety communications in the 800 MHz band, etc.; supplemental comments, 6687-6688 03-3276 NOTICES Common carrier services: Federal-State Joint Board on Universal Service— Wireline Competition Bureau; non-rural carriers; high-cost support mechanism; line count input values update, 6744-6745 03-3158 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Various States, 6644-6646 03-3184 NOTICES Reports and guidance documents; availability, etc.: Portable (hand-held) radiological instruments; use, 6745-6746 03-3185 Federal Energy Federal Energy Regulatory Commission RULES Organization, functions, and authority delegations: Chief Administrative Law Judge, 6608-6609 03-3115 NOTICES Electric rate and corporate regulation filings: AES Corp. et al., 6733-6736 03-3138 Hydroelectric applications, 6736-6738 03-3143 03-3144 Meetings: Hydroelectric licensing regulations; stakeholder workshops and post-workshop stakeholder drafting session, 6738-6739 03-3145 Practice and procedure:

Off-the-record communications, 6739 03-3146 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 6727 03-3149 CenterPoint Energy Gas Transmission Co., 03-3151 6727-6728 03-3155 03-3156 Dominion Transmission, Inc., 6728 03-3157 Gulf South Pipeline Co., LP, 6728-6729 03-3140 Kinder Morgan Interstate Gas Transmission LLC, 6729 03-3150 National Fuel Gas Supply Corp., 6729-6730 03-3152 Overthrust Pipeline Co., 6730 03-3154 Paiute Pipeline Co., 6730 03-3147 PG&E Gas Transmission, Northwest Corp., 6730-6731 03-3153 Red Lake Gas Storage, L.P., 6731 03-3139 Renaissance Power, L.L.C., 6731 03-3142 USG Pipeline Co., 6731-6732 03-3148 Williston Basin Interstate Pipeline Co., 6732 03-3141 Federal Highway Federal Highway Administration NOTICES Environmental statements; availability, etc.:

Lewis & Clark and Jefferson Counties, MT, 6793-6794 03-3132 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 6746 03-3179 Formations, acquisitions, and mergers, 6746 03-3178 Federal Open Market Committee: Domestic policy directives, 6746-6747 03-3242 FTC Federal Trade Commission NOTICES Meetings: Spam e-mail; public forum, 6747-6748 03-3162 Prohibited trade practices: Lentek International, Inc., et al., 6748-6750 03-3163 Fish Fish and Wildlife Service PROPOSED RULES Migratory bird hunting:

Alaska; spring/summer migratory bird subsistence harvest, 6697-6707 03-3235 NOTICES Environmental statements; availability, etc.: Incidental take permits— Denver (City and County), CO; Preble's meadow jumping mouse, 6756-6757 03-3133 Food Food and Drug Administration RULES Nonclinical laboratory studies; good laboratory practice: Conforming regulations regarding removal of Section 507 of Federal Food, Drug, and Cosmetic Act; CFR correction, 6609 03-55505 NOTICES Agency information collection activities:

Proposed collection; comment request, 6752-6754 03-3174 Forest Forest Service NOTICES Environmental statements; notice of intent: Oregon; Port-Oxford-cedar management, 6709-6710 03-3172 Meetings: Resource Advisory Committees— Lassen County, 6710 03-3131 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities:

Proposed collection; comment request, 6754 03-3126 Submission for OMB review; comment request, 6754-6755 03-3230 Environmental statements; notice of intent: King County, WA; Park Lake Homes, 6755-6756 03-3229 Immigration Immigration and Naturalization Service NOTICES Agency information collection activities: Proposed collection; comment request, 03-3120 6773-6774 03-3121 Submission for OMB review; comment request, 6774-6775 03-3122 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 03-3277 6796-6799 03-3278 03-3279 03-3280 03-3281 International International Trade Administration NOTICES Antidumping: Bulk aspirin from— China, 6710-6712 03-3284 Persulfates from— China, 6712-6713 03-3285 Stainless steel sheet and strip in coils from— Germany, 6716-6719 03-3286 03-3287 Italy, 6719-6722 03-3288 Korea, 6713-6716 03-3283 International International Trade Commission NOTICES Import investigations: Agricultural tractors, lawn tractors, riding lawnmowers, and components, 6772-6773 03-3177 Justice Justice Department See Immigration and Naturalization Service NOTICES Privacy Act:

Systems of records; correction, 6800 C3-2253 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 6757-6761 03-3258 03-3259 03-3260 03-3261 Environmental statements; notice of intent: Oregon; Port-Oxford-cedar management, 6709-6710 03-3172 Timber Mountain/John's Peak Off-Highway Vehicle Area, OR, 6762-6763 03-3164 Realty actions; sales, leases, etc.:

Nevada, 6763-6765 03-3170 03-3171 Utah, 6765-6766 03-3166 Recreation management restrictions, etc.: Sand Mountain and Walker Lake Recreation Areas, NV; supplemental rules, 6766-6769 03-3168 Resource management plans, etc.: Elko Resource Area, NV; wild horse management, 6769-6770 03-3169 Ely District, NV, 6770-6771 03-3173 Gunnison Resource Area, CO, 6761-6762 03-3165 Withdrawal and reservation of lands: Nevada, 6771-6772 03-3167 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Agency information collection activities:

Reporting and recordkeeping requirements, 6794 03-3123 Mine Mine Safety and Health Administration RULES Civil penalties; inflation adjustment; assessment criteria and procedures, 6609-6613 03-3160 National Institute National Institute of Standards and Technology NOTICES Voluntary product standards: Wood-based structural-use panels; performance standard, 6722-6723 03-3289 NRCS Natural Resources Conservation Service PROPOSED RULES Loan and purchase programs: Environmental Quality Incentives Program, 6655-6673 03-2642 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities:

Proposed collection; comment request, 6783-6784 03-3233 Environmental statements; availability, etc.: Maine Yankee Atomic Power Co., 6784-6786 03-3234 *Applications, hearings, determinations, etc.:* Arizona Public Service Co., 6784 03-3232 Hydro Resources, Inc., 6786 03-3231 Occupational Occupational Safety and Health Administration NOTICES Meetings: Federal sector recordkeeping requirements, 6783 03-3186 Personnel Personnel Management Office PROPOSED RULES Health benefits, Federal employees:

Health care providers; financial sanctions, 6649-6653 03-3125 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration Research Research and Special Programs Administration PROPOSED RULES Hazardous materials: Hazardous materials transportation— Cargo tank motor vehicles transporting flammable liquids; external product piping; safety requirements, 6689-6694 03-3262 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940:

Exemption applications— Van Kempen Investment Advisory Corp. et al., 6786-6788 03-3118 Meetings; Sunshine Act, 6788-6789 03-3311 Securities: Suspension of trading— Biochemical Industries, Inc., 6789 03-3382 SBA Small Business Administration NOTICES Grants and cooperative agreements; availability, etc.: Women's Business Centers; financial counseling and other technical assistance, 6789 03-3135 State State Department RULES International Traffic in Arms regulations: Defense articles export licenses; authority citation revised;

CFR correction, 6609 03-55503 Surface Surface Transportation Board PROPOSED RULES Railroad consolidations, mergers, and acquisitions of control: Temporary trackage rights exemption, 6695-6697 03-3251 NOTICES Meetings: Rail rate challenges; procedures to expedite resolution to be considered under Stand-Alone Cost methodology; hearing, 6794-6795 03-3370 Rail carriers: Railroad consolidation procedures; temporary trackage rights exemption, 6795 03-3250 Railroad operation, acquisition, construction, etc.:

Illinois Central Railroad Co., 6795-6796 03-3252 Thrift Thrift Supervision Office NOTICES Agency information collection activities: Proposed collection; comment request; correction, 6800 C3-1448 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office RULES Currency and foreign transactions; financial reporting and recordkeeping requirements:

Bank Secrecy Act; implementation— Currency dealers and exchangers; suspicious transactions reporting requirements, 6613-6617 03-3112 Veterans Veterans Affairs Department RULES Board of Veterans Appeals: Appeals regulations and rules of practice— Veterans law judges; new title for Board members, 6621-6625 03-3040 Loan guaranty: Veterans Education and Benefits Expansion Act; implementation, 6625-6627 03-3176 PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.:

Cirrhosis of liver in former prisoners of war; presumptive service connection, 6679-6680 03-3175 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 6801-6813 03-3265 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 27 Monday, February 10, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-042-1] Witchweed;

Regulated Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the witchweed quarantine and regulations by adding and removing areas in North Carolina and South Carolina from the list of regulated areas. These changes affect five counties in North Carolina and two counties in South Carolina. These actions are necessary in order to prevent the artificial spread of witchweed from areas where the weed has been detected and to remove restrictions that are no longer necessary on the interstate movement of regulated articles from areas where witchweed has been eradicated.

DATES: This interim rule was effective February 4, 2003. We will consider all comments that we receive on or before April 11, 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. 02-042-1, 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. 02-042-1.

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. 02-042-1” 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: Dr. Alan V. Tasker, National Weed Program Coordinator, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-5225. SUPPLEMENTARY INFORMATION: Background Witchweed ( *Striga* spp.) is a parasitic plant that feeds off the roots of its host, causing degeneration of corn, sorghum, and other grassy crops. Within the United States, witchweed is only found in parts of North Carolina and South Carolina. The witchweed quarantine and regulations, contained in 7 CFR 301.80 through 301.80-10 (referred to below as the regulations), quarantine the States of North Carolina and South Carolina and restrict the interstate movement of certain articles from regulated areas in those States for the purpose of preventing the spread of witchweed. Section 301.80-2(a) provides that the Deputy Administrator will designate as regulated areas each quarantined State, or each portion of a quarantined State, in which witchweed has been found, in which there is reason to believe that witchweed is present, or that it is deemed necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities. The regulations impose restrictions on the interstate movement of regulated articles from the regulated areas. Regulated areas, which are listed in § 301.80-2a, are designated as either suppressive areas or generally infested areas. Suppressive areas are those portions of the regulated areas where eradication of infestation is undertaken as an objective. Currently, all the regulated areas listed in § 301.80-2a are designated as suppressive areas. Less than an entire quarantined State will be designated as a regulated area only if the Deputy Administrator is of the opinion that:

(1)The State has adopted and is enforcing restrictions on the intrastate movement of the regulated articles that are substantially the same as those imposed on the interstate movement of regulated articles and

(2)the designation of less than the entire State as a regulated area will prevent the interstate spread of witchweed. Changes to the List of Regulated Areas In this interim rule, we are amending the list of regulated areas in § 301.80-2a by removing areas in Bladen, Columbus, Cumberland, Pender, and Robeson Counties, NC, and Dillon, Horry, and Marion Counties, SC, from the list of suppressive areas. The areas we are removing from Columbus County, NC, and Dillon County, SC, were the only suppressive areas in those counties; therefore, we have removed the entries for Columbus County, NC, and Dillon County, SC, from the list of regulated areas. We are taking this action because we have determined that witchweed no longer occurs in these areas; therefore, we no longer need to list these areas as suppressive areas for the purpose of preventing the spread of witchweed. This action relieves restrictions on the movement of regulated articles from these areas that are no longer necessary. In addition to removing areas from the list of regulated areas in § 301.80-2a, we are also adding several areas to that list. Specifically, we are adding 6 farms in Robeson County, NC, 11 farms in Horry County, SC, and 6 farms in Marion County, SC, as suppressive areas. We are taking this action because we have determined that witchweed occurs in these areas; therefore, we need to list these areas as suppressive areas for the purpose of preventing the artificial spread of witchweed. As a result of this action, the restrictions described in § 301.80-3 of the regulations on the interstate movement of regulated articles from suppressive areas will apply to the movement of regulated articles from the 6 farms in North Carolina and the 17 farms in South Carolina that we are designating as suppressive areas. The entire regulated area is described in the rule portion of this document. Immediate Action Immediate action is necessary to update the list of areas in order to:

(1)Relieve restrictions on the interstate movement of regulated articles from areas that are no longer infested with witchweed, and

(2)prevent the spread of witchweed from newly infested areas into uninfested areas. 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 witchweed quarantine and regulations by adding and removing areas in North Carolina and South Carolina from the list of regulated areas. These changes affect five counties in North Carolina and two counties in South Carolina. These actions are necessary in order to prevent the artificial spread of witchweed from areas where the weed has been detected and to remove restrictions that are no longer necessary on the interstate movement of regulated articles from areas where witchweed has been eradicated. Preventing the spread of witchweed has been an important goal for decades. Since 1951, witchweed has been found in a total of 38 counties in North Carolina and South Carolina, but currently, only portions of 8 counties are listed as suppressive areas. No areas are listed as generally infested. Witchweed affects U.S. corn, sorghum, and sugar cane producers. During 1999-2001, the average annual value of those crops was $201.5 million in North Carolina and South Carolina. If allowed to spread throughout the United States, witchweed could cost an estimated $1 billion in annual control costs in addition to an estimated 10 percent loss in yields for U.S. corn producers alone. U.S. sorghum and sugar cane producers would likewise bear additional costs. Using these figures, preventing the further spread of witchweed prevents an estimated $36.49 million in costs for North Carolina and South Carolina and an estimated $3.45 billion in costs for the entire United States. In comparison, the costs of controlling witchweed are relatively low. Estimates for costs in 2002 are $1.32 million. Control activities include the use of herbicides to kill witchweed and its hosts. Producers with active witchweed infestations receive free herbicide applications, which provide the added benefit of controlling other weeds. Hence, the benefits of the witchweed control program clearly outweigh its costs. The U.S. Small Business Administration

(SBA)defines a small agricultural producer as one with annual sales receipts of $750,000 or less. In the suppressive areas of North Carolina, most producers grow corn, soybeans, cotton, tobacco, sweet potatoes, or peanuts. It can be assumed that a similar variety of crops is grown in South Carolina. During 1997-2001, 83 percent of North Carolina's producers had annual sales of $99,999 or less and 17 percent had annual sales of $100,000 or more. It is, therefore, reasonable to assume that the majority of producers potentially affected by the witchweed quarantine are small entities under SBA standards. Agricultural producers in suppressive areas bear costs associated with the movement of regulated articles into or through non-suppressive areas. For example, sweet potatoes and other crops that are harvested with attached soil must be cleaned in order to remove any witchweed seeds. Additionally, producers moving articles must arrange for their inspection, obtain a certificate or limited permit, or enter into a compliance agreement. Agricultural machinery must also be cleaned prior to movement; however, all costs of machinery cleaning are paid for by the Federal government. Although specific data are unavailable, we estimate that the annual costs borne directly by agricultural producers in witchweed regulated areas are very low. 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 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. Section 301.80-2a is revised to read as follows: § 301.80-2a Regulated areas; generally infested and suppressive areas. The civil divisions and parts of civil divisions described below are designated as witchweed regulated areas within the meaning of this subpart. North Carolina

(1)*Generally infested areas.* None.

(2)*Suppressive areas.* *Bladen County.* That area north of a line beginning at the intersection of the Robeson-Bladen County line and State Highway 211, then east along State Highway 211 Bypass to State Highway 242, then northeast along State Highway 242 to U.S. Highway 701, then north along U.S. Highway 701 to the Cape Fear River, then southeast along the Cape Fear River to the Bladen-Columbus County line. The Hardison, H.B., farm located on a field road 0.25 mile northwest of its intersection with State Secondary Road 1719 and 0.2 mile west of its intersection with State Secondary Road 1797. *Cumberland County.* That area bounded on the west by the Cape Fear River, then by a line running east and northeast along the Fayetteville city limits to U.S. Highway 301, then northeast along U.S. Highway 301 to Interstate 95, then northeast along Interstate 95 to U.S. Highway 13, then east and northeast along U.S. Highway 13 to the Cumberland-Sampson County line. The Bullock, Berline, farm located on the north side of State Secondary Road 1722 and 0.2 mile west of its intersection with U.S. Highway 301. The Lewis, David, farm located on the west side of U.S. Highway 301 and 0.1 mile south of its intersection with State Secondary Road 1802. The Lovick, Eugene, farm located on the north side of State Secondary Road 1732 and 0.9 mile west of its junction with U.S. Highway 301. The McLaurin, George, farm located on the north side of State Secondary Road 1722 and 0.4 mile west of its intersection with U.S. Highway 301. *Pender County.* The Hardie, George, farm located along a private drive on the southeast side of State Secondary Road 1104, 0.3 mile north of its intersection with State Secondary Road 1103. The Peterson, Grady, farm located along a private drive on the southeast side of State Secondary Road 1104, 0.3 mile north of its intersection with State Secondary Road 1103. The Zibelin, John, farm located 0.5 mile east of State Secondary Road 1105, 1.2 miles south of its intersection with State Secondary Road 1104. *Robeson County.* That area south of a line beginning at the intersection of State Highway 211 with the Robeson-Bladen County line, then west to its intersection with the Robeson-Hoke County line. The Biggs, Furman, farm located on the west side of State Secondary Road 1956, 0.3 mile southeast of its intersection with State Secondary Road 1959. The Blanks, Donnie, farm located on the west side of State Secondary Road 1761, 0.3 mile north of its junction with State Secondary Road 1758. The Britt, R.B., farm located on both sides of State Secondary Road 1765, 0.2 mile southeast of its junction with State Secondary Road 1758. The Burnett, C.C., farm located on the north side of State Secondary Road 1757, 0.2 mile northeast of its junction with State Road 1001. The McMillan, J.P., farm located on both sides of State Secondary Road 1770, 1.25 miles north of its junction with State Highway 211. The McNair Investment farm located on the north side of State Secondary Road 1764, 1.5 miles west of its intersection with State Secondary Road 1762. *Sampson County.* That area south of a line beginning at a point where U.S. Highway 421 intersects the Sampson-Harnett County line, then southeast along U.S. Highway 421 to the Sampson-Pender County line. South Carolina

(1)*Generally infested areas.* None.

(2)*Suppressive areas.* *Horry County.* That area bounded by a line beginning at a point where State Highway 9 intersects the Horry-Marion County line, then east along U.S. Highway 9 to State Secondary Highway 19, then southeast along State Secondary Highway 19 to Lake Swamp, then southwest along Lake Swamp to State Secondary Highway 99, then south and southwest along State Secondary Highway 99 to U.S. Highway 501, then west along U.S. Highway 501 to the Little Pee Dee River, then north along the Little Pee Dee River to the Lumber River, then north along the Lumber River to State Highway 9, the point of beginning. The Jenerette, Miriam, farm located on the east side of Secondary Road 23, 3.4 miles south of the intersection of State Highway 917 and Secondary Road 23. The Stanley, Andrew, farm located on the east side of State Highway 90, 0.2 mile east of its junction with an unpaved road known as Andrew Road. The Livingston, Donnie, farm located on the east side of State Highway 90, 0.5 mile southeast of its junction with the State Secondary Road known as Bombing Range Road and 0.6 mile southeast of its junction with an unpaved road known as Dewitt Road and 0.2 mile west of its junction with an unpaved road known as Sand Hill Lane. The Lewis, Lula, farm located on west side of State Highway 90, 0.4 mile west of its junction with an unpaved road known as Livingston Lane and 0.1 mile east of its junction with an unpaved road known as Beecher Lane. The Chestnut, Alberta, farm located on the west side of State Highway 90, 0.3 mile west of its junction with a State Secondary Road known as Pint Circle. The Stanley, Sam, farm located on the west side of State Highway 90, 0.4 mile west of its junction with a State Secondary Road known as Pint Circle. The Adams, Lena J., farm located on the west side of State Highway 90, 1.2 miles west of its junction with the State Secondary Road known as Pint Circle. The James, Norman, farm located west of State Highway 90, 0.4 mile west of its junction with an unpaved road known as Thompson Road. The Todd, Don, farm located west of State Highway 90, 0.4 mile west of its junction with an unpaved road known as Tilley Swamp Road. The Livingston, Pittman, farm located on the east side of State Highway 90, 2.2 miles north of its junction with State Highway 22. The Vereen, Rufus C., farm located east of State Highway 90, 0.4 mile east of its junction with the State Secondary Road known as Old Chesterfield Road. *Marion County.* The Brown, Lewis, farm located on the south side of State Highway 76, 1.4 miles south of its junction with State Secondary Road 201. The Rowell, Molite, farm located on the west side of State Secondary Road 9, 0.2 mile west of its junction with an unpaved road known as Molitz Road. The Taw Caw Plantation farm located on the south side of State Highway 76, 1.3 miles south of its junction with an unpaved road known as Bubba Road. The Washington, James, Estate, farm located on the south side of State Highway 76, 0.1 mile south of its junction with an unpaved road known as Samuel Road. The Hughes, Roosevelt, farm located west of State Secondary 9 and its junction with an unpaved road known as Bishop Road. The Fowler, Herbert, Estate, farm located east of State Highway 501, 1.4 miles northeast of its junction with an unpaved road known as Bowling Creek Road and 0.1 mile north of its junction with an unpaved road known as Salem Road. Done in Washington, DC, this 4th day of February 2003 . Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-3182 Filed 2-7-03; 8:45 am]

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