Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-03-10.xml --- 68 46 Monday, March 10, 2003 Contents Agriculture Agricultural Marketing Service PROPOSED RULES Olives grown in— California, 11340-11342 03-5561 NOTICES Agency information collection activities; proposals, submissions, and approvals, 11350 03-5563 Lamb promotion, research, and information order: Lamb Promotion, Research, and Information Board; certification and nominations, 11350-11351 03-5562 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Mexican fruit fly, 11311-11313 03-5594 PROPOSED RULES Plant pests: Plants engineered to produce pharmaceutical and industrial compounds; field testing, 11337-11340 03-5427 NOTICES Agency information collection activities; proposals, submissions, and approvals, 11351-11355 03-5595 03-5596 03-5597 03-5598 Antitrust Antitrust Division NOTICES National cooperative research notifications: OCP International Partnership Association, Inc., 11407 03-5603 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Health Promotion of People with Disabilities, 11395-11399 03-5581 Population-Based Birth Defects Surveillance Programs, etc., 11399-11403 03-5584 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Civil Civil Rights Commission NOTICES Meetings; State advisory committees: District of Columbia, 11356 03-5591 Maine, 11356 03-5592 New Hampshire, 11357 03-5589 New York, 11357 03-5590 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 11383 03-5788 Defense Defense Department See Defense Logistics Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 11383 03-5535 Committees; establishment, renewal, termination, etc.: Technology and Privacy Advisory Committee, 11384 03-5532 Meetings: Defense Intelligence Agency Advisory Board, 11384 03-5534 Pentagon Memorial Design Competition Jury, 11384 03-5533 Defense Defense Logistics Agency NOTICES Privacy Act: Computer matching programs, 11384-11386 03-5536 Delaware Delaware River Basin Commission NOTICES Meetings and hearings, 11386-11387 03-5574 Employment Employment and Training Administration NOTICES Adjustment assistance: 20th Century Machine, 11410 03-5549 Barrett Business Services, Inc., 11410-11411 03-5558 Black & Decker, 11411 03-5545 Cusolar Industries, Inc., 11411 03-5554 Eaton Corp., 11411 03-5541 Freedom Plastics, LLC, 11411 03-5550 General Mills, 11411 03-5553 Georgia Headwear & Apparel, 11411-11412 03-5544 Hamilton Sundstrand-Denver, 11412 03-5557 Holmes Group, 11412 03-5543 K&S Kulicke & Soffa, 11412 03-5546 Lustar Dyeing & Finishing, 11412 03-5548 Maine Brand Manufacturing, Inc., 11412 03-5547 Mike Dent Enterprises, 11412 03-5555 Nortel Networks, 11413 03-5560 Partex Apparel Manufacturing, Inc., 11413 03-5552 Trade Wind Apparel, Inc., 11413 03-5559 Wolverine Worldwide, Inc., 11413 03-5542 Adjustment assistance and NAFTA transitional adjustment assistance:

Corning Inc., et al., 11407-11409 03-5556 Interplast Group Ltd. et al., 11409-11410 03-5551 Energy Energy Department NOTICES Grants and cooperative agreements; availability, etc.: National Energy Technology Laboratory— Mining Industry of Future; Exploration and Mining Technology, 11387-11388 03-5588 Meetings: Idaho Operations Office; sodium bearing waste treatment technology workshops; Resource Conservation and Recovery Act pre-application permit meetings, 11388-11389 03-5587 EPA Environmental Protection Agency RULES Air quality implementation plans:

Preparation, adoption, and submittal— Prevention of significant deterioration and nonattainment new source review; baseline emission determination, actual-to-projected-actual methodology, etc., 11316-11325 03-5470 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Aluminum tris (O-ethylphosphonate), 11330-11335 03-5616 Water pollution control: National Pollutant Discharge Elimination System— Storm water discharges for oil and gas construction activity disturbing 1 to 5 acres of land, 11325-11330 03-5708 NOTICES Agency information collection activities; proposals, submissions, and approvals, 11389-11390 03-5617 Grants and cooperative agreements; availability, etc.:

Investigator-initiated grants program, 11390-11391 03-5618 Pollution Prevention Program, 11391-11394 03-5621 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Meetings: Sub-Saharan Africa Advisory Committee, 11394 03-5640 FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Turbomeca S.A., 11342-11345 03-5577 FCC Federal Communications Commission RULES Radio stations; table of assignments: Oklahoma, 11335-11336 03-5337 PROPOSED RULES Radio stations; table of assignments:

North Carolina and Virginia, 11345-11346 03-5333 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Nevada County, CA, 11443 03-5573 Federal Housing Federal Housing Finance Board NOTICES Meetings; Sunshine Act, 11394 03-5674 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Survival enhancement permits— Ovate clubshell mussel, etc.; Chewacla Creek, Lee County, AL; safe harbor agreement, 11405-11406 03-5575 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 11355-11356 03-5585 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Siskiyou County, 11356 03-5579 GSA General Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 11395 03-5531 Health Health and Human Services Department See Centers for Disease Control and Prevention See Inspector General Office, Health and Human Services Department See Substance Abuse and Mental Health Services Administration RULES Health insurance reform: Health Insurance Portability and Accountability Act of 1996— Electronic data transaction standards and code sets; modifications; correction, 11445 C3-3876 Housing Housing and Urban Development Department PROPOSED RULES Manufactured Housing Dispute Program:

Manufactured home defects; dispute resolution and correction or repair orders, 11451-11454 03-5647 Manufactured Housing Installation Program: Manufactured homes; installation standards, training and licensing installers, and inspection of installed manufactured homes, 11447-11450 03-5646 NOTICES Agency information collection activities; proposals, submissions, and approvals, 11404-11405 03-5529 Inspector Inspector General Office, Health and Human Services Department NOTICES Special Fraud Alerts; publication:

Telemarketing by durable medical equipment suppliers; correction, 11403 03-5631 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service RULES Income taxes: Deductions and credits; disallowance for failure to file timely return, 11313-11316 03-5461 International International Trade Administration NOTICES Antidumping: Ball bearings and parts from— Japan, 11357-11361 03-5635 Forged stainless steel flanges from— India, 11361-11368 03-5634 Fresh garlic from— China, 11368-11369 03-5637 Silicon metal from— China, 11369-11371 03-5636 Synthetic indigo from— China, 11371-11374 03-5632 Countervailing duties:

Durum wheat and hard red spring wheat from— Canada, 11374-11382 03-5633 Justice Justice Department See Antitrust Division See Justice Programs Office Justice Justice Programs Office NOTICES Meetings: Juvenile Justice Coalition, 11407 03-5593 Labor Labor Department See Employment and Training Administration Land Land Management Bureau PROPOSED RULES Range management: Grazing administration— Livestock grazing on public lands exclusive of Alaska; correction, 11345 03-5718 NOTICES Environmental statements; notice of intent:

Livestock grazing on public lands exclusive of Alaska; public scoping meetings; correction, 11406 03-5717 Meetings: National Petroleum Reserve-Alaska Research and Monitoring Advisory Team; cancellation, 11406-11407 03-5580 Realty actions; sales, leases, etc.: Arizona; correction, 11407 03-5578 Medicare Medicare Payment Advisory Commission NOTICES Meetings, 11413 03-5608 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council, 11413-11414 03-5639 National Institute National Institute of Standards and Technology NOTICES Committees; establishment, renewal, termination, etc.:

National Construction Safety Team, 11382-11383 03-5600 National Labor National Labor Relations Board NOTICES Meetings; Sunshine Act, 11414 03-5795 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Northeastern United States fisheries— Spiny dogfish, 11346-11349 03-5719 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 11414-11415 03-5605 03-5606 *Applications, hearings, determinations, etc.:* Tennessee Valley Authority, 11415-11416 03-5607 Office Office of the Special Counsel NOTICES Agency information collection activities; proposals, submissions, and approvals, 11442-11443 03-5586 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 11416 03-5539 Excepted service:

Schedules A, B, and C; positions placed or revoked— Update, 11416-11418 03-5538 Presidential Presidential Documents EXECUTIVE ORDERS Zimbabwe; blocking property of persons undermining democratic processes or institutions (EO 13288), 11455-11461 03-5848 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 11418 03-5769 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 11418-11422 03-5568 03-5569 National Association of Securities Dealers, Inc., 11422-11439 03-5564 03-5565 03-5601 03-5602 Options Clearing Corp., 11439-11440 03-5566 Pacific Exchange, Inc., 11440-11441 03-5567 03-5571 SBA Small Business Administration NOTICES Disaster loan areas:

Rhode Island, 11441 03-5611 Meetings: District and regional advisory councils— Maine, 11441 03-5526 Social Social Security Administration NOTICES Meetings: Ticket to Work and Work Incentives Advisory Panel, 11441-11442 03-5530 Special Special Counsel Office See Office of the Special Counsel State State Department NOTICES Art objects; importation for exhibition: Transmitting the Forms of Divinity: Early Buddhist Art from Korea and Japan, 11443 03-5610 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Effective adolescent alcohol and drug abuse treatment, 11403-11404 03-5527 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Midwest Generation, LLC, 11443-11444 03-5447 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 11444 03-5609 Separate Parts In This Issue Part II Housing and Urban Development Department, 11447-11450 03-5646 Part III Housing and Urban Development Department, 11451-11454 03-5647 Part IV Executive Office of the President, Presidential Documents, 11455-11461 03-5848 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 46 Monday, March 10, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-129-3] Mexican Fruit Fly; Addition of Regulated Area 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 adding a portion of San Diego County, CA, to the existing 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 March 4, 2003. We will consider all comments that we receive on or before May 9, 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. 02-129-3, 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. 02-129-3. 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. 02-129-3” 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. In an interim rule effective on January 15, 2003, and published in the **Federal Register** on January 21, 2003 (68 FR 2679-2680, Docket No. 02-129-1), we amended the regulations by adding a portion of San Diego County, CA, as a regulated area. In this interim rule, we are designating an additional portion of San Diego County, CA, as a regulated area. 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 an additional 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 adding that portion of San Diego County, CA, to the existing regulated area for the Mexican fruit fly. The addition 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. As noted previously, the regulations in § 301.64-3 refer to the listing of regulated areas within quarantined States. Quarantined States are listed in § 301.64(a). When we published an interim rule quarantining a portion of Los Angeles County, CA, because of Mexican fruit fly ( *see* 67 FR 78127-78128, Docket No. 02-021-1, published December 23, 2002), we should have amended § 301.64(a) to designate California as a quarantined State, but did not. (Prior to that December 2002 interim rule, the only areas regulated for the Mexican fruit fly were portions of Texas.) Therefore, in this rule we are amending § 301.64(a) to designate California as a quarantined State for Mexican fruit fly. 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 an additional 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). § 301.64 [Amended] 2. In § 301.64, paragraph

(a)is amended by removing the words “State of” and adding the words “States of California and” in their place. 3. In § 301.64-3, paragraph

(c), under the heading “California”, the entry for San Diego County is revised 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, south, 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 east on State Highway 76 to Valley Center Road; then south and west on Valley Center Road to North Lake Wohlford Road; then south on North Lake Wohlford Road to Woods Valley Road; then west on Woods Valley Road to Valley Center Road; then north 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 4th day of March 2003. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-5594 Filed 3-7-03; 8:45 am]

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