Unknown. Interim rule and request for comments

4,765 words·~22 min read·/register/2003/05/19/03-12390

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-2003-05-19.xml --- 68 96 Monday, May 19, 2003 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Health Services Research Initial Review Group Committee, 27073 03-12461 Agricultural Agricultural Marketing Service NOTICES Onions, frozen; grade standards, 27010 03-12430 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See National Agricultural Statistics Service See Rural Business-Cooperative Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Portland International Airport, OR; livestock exportation port designation, 26990-26991 03-12389 Interstate transportation of animals and animal products (quarantine): Exotic Newcastle disease; quarantine area designations— Arizona and Nevada, 26986-26988 03-12431 California, 26988-26990 03-12432 Plant-related quarantine, domestic: Asian longhorned bettle, 26983-26985 03-12390 NOTICES Meetings: Foreign Animal and Poultry Diseases, Secretary's Advisory Committee, 27010 03-12433 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.:

Autism Spectrum Disorders and Other Developmental Disabilities; Population-Based Surveillance, 27073-27078 03-12396 Community-Based Interventions to Reduce Motor Vehicle-Related Injuries, 27078-27082 03-12398 Global Guinea worm eradication effort, 27082-27084 03-12399 Oral Health Programs; National Organizations’ Support, 27085-27088 03-12397 Smoke alarm maintenance and function; improvement research, 27088-27093 03-12395 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare:

Hospital inpatient prospective payment systems and 2004 FY rates, 27153-27422 03-11966 Children Children and Families Administration NOTICES Meetings: Head Start Research and Evaluation Advisory Committee, 27093 03-12462 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Defense Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 27018 03-12410 Arms sales notification; transmittal letter, etc., 27018-27027 03-12416 03-12417 Environmental statements; notice of intent:

White Sands Missile Range, NM; Defense Threat Reduction Agency activities, 27027-27028 03-12409 Meetings: Defense Intelligence Agency Advisory Board, 27028 03-12415 National Security Education Board, 27028 03-12414 Science Board, 03-12411 27028-27029 03-12412 Organization, functions, and authority delegations: National Security Agency/Central Security Service mandatory declassification review requests; address notification, 27029 03-12413 Disability Disability Employment Policy Office NOTICES Inaugural New Freedom Initiative Award; nominations solicitation, 27105-27106 03-12446 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Partnerships in Character Education Program, 27029 03-12436 Postsecondary education— Preparing Tomorrow's Teachers To Use Technology Program, 27029-27030 03-12447 Meetings: Historically Black Colleges and Universities, President's Board of Advisors, 27030-27031 03-12530 Employment Employment and Training Administration NOTICES Adjustment assistance: Americal Corp., 27108 03-12427 Barry of Goldsboro, 27108 03-12424 Ericsson, Inc., 27108-27109 03-12422 General Electric Transportation Systems, 27109-27110 03-12420 Gilster Mary Lee Corp., 27110 03-12423 Jamestown Precision Tooling, Inc., 27110 03-12428 Republic Technologies International, 27110-27111 03-12419 Swank, Inc., 27111 03-12425 Waukesha Engine Division, 27111 03-12421 Adjustment assistance and NAFTA transitional adjustment assistance:

Precise Courtesy Corp. et al., 27106-27108 03-12426 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission See Western Area Power Administration Energy Energy Information Administration NOTICES Reports and guidance documents; availability, etc.: Uranium mines and properties in United States; notice of intent to release information to other Federal agencies for official uses, 27031-27033 03-12434 EPA Environmental Protection Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 27057-27071 03-12477 03-12478 03-12479 Meetings:

State and Tribal Toxics Action Forum, 27071-27073 03-12482 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 27011 03-12388 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Raytheon Aircraft Co. Model HS 125 Series 700A and 700B airplanes, 26991-26993 03-12376 Class D and Class E airspace, 26993-26994 03-12377 Class E airspace, 26994-26995 03-12379 PROPOSED RULES Aircraft products, parts, and materials; false and misleading statements Correction, 27006 03-12383 Airworthiness directives:

MD Helicopters Inc., 27006-27007 03-12401 Class E airspace, 27007-27008 03-12378 NOTICES Meetings: RTCA, Inc., 27139-27140 03-12380 03-12381 Passenger facility charges; applications, etc.: Fort Lauderdale International Airport, FL, 27140 03-12382 FCC Federal Communications Commission RULES Television broadcasting: Cable television systems— Cable Operations and Licensing System; electronic filing by Multichannel Video Programming Distributors, 26997-27004 03-12132 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Granite II Holding, LLC, et al., 27035-27037 03-12439 Environmental statements; availability, etc.: PacifiCorp et al., 27037-27052 03-12441 Environmental statements; notice of intent: Freeport LNG Development, L.P., 27052-27055 03-12438 Meetings: MISO Open Access Transmission and Energy Markets Tariff Conference; FERC staff participation, 27055 03-12440 Reports and guidance documents; availability, etc.: Delmarva Peninsula; transmission congestion; fact-finding proceeding, 27055-27056 03-12429 *Applications, hearings, determinations, etc.:* Black Marlin Pipeline Co., 27033 03-12442 Clear Creek Storage Company, L.L.C., 27034 03-12444 Enbridge Pipelines (KPC), 27034 03-12443 Questar Pipeline Co., 27034-27035 03-12437 Transcontinental Gas Pipe Line Corp., 27035 03-12445 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Cooper Landing, Kenai Peninsula Borough, AK, 27140-27141 03-12448 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Formations, acquisitions, and mergers, 27073 03-12365 Federal Open Market Committee: Domestic policy directives, 27073 03-12393 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: First Sealord Surety, Inc., 27149 03-12465 Mountbatten Surety Co., Inc.; termination, 27149 03-12466 Fish Fish and Wildlife Service NOTICES Endangered and threatened species:

Incidental take permits— Plum Creek land, MT; grizzly bears, 27099 03-12400 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Zinc gluconate, 26995-26996 03-12368 PROPOSED RULES Food for human consumption: Current good manufacturing practice—— Dietary supplements and dietary supplement ingredients, 27008 03-12366 Reports and guidance documents; availability, etc.: Developing Medical Imaging Drug and Biological Products, 27008-27009 03-12370 NOTICES Meetings:

Biological Response Modifiers Advisory Committee, 27093-27094 03-12367 Reports and guidance documents; availability, etc.: Dispute Resolution Procedures for Science-Based Decisions on Products Regulated by Center for Veterinary Medicine, 27094-27096 03-12369 Foreign Foreign Assets Control Office NOTICES Sanctions; blocked persons, specially designated nationals, terrorists, and narcotics traffickers, and foreign terrorist organizations: Sudanese Government; specially-designated nationals; additional designations, 27149-27150 03-12298 Forest Forest Service NOTICES Meetings:

California Coast Provincial Advisory Committee, 27011 03-12402 Resource Advisory Committees— Tehama County, 27011-27012 03-12403 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-12374 27096-27097 03-12375 Grant and cooperative agreement awards:

Community Development Technical Assistance Programs, 27097-27099 03-12373 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Rumsey Indian Rancheria of Wintun Indians of California, 27100-27101 03-12406 San Pasqual Band of Mission Indians, CA, 27101-27102 03-12405 United Auburn Indian Community, CA, 27102-27103 03-12407 Industry Industry and Security Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 27014 03-12385 Meetings:

Regulations and Procedures Technical Advisory Committee, 27014 03-12404 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Water Information Advisory Committee, 27099 03-12364 International International Trade Administration NOTICES Antidumping: Freshwater crawfish tail meat from— China, 27014-27015 03-12464 Industrial nitrocellulose from— United Kingdom, 27015-27016 03-12463 International International Trade Commission NOTICES Import investigations:

Panel fasteners, products containing same, and components, 27104-27105 03-12460 Meetings; Sunshine Act, 27105 03-12547 Labor Labor Department See Disability Employment Policy Office See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 27105 03-12418 Land Land Management Bureau NOTICES Withdrawal and reservation of lands: Nevada, 27103-27104 03-12509 National Agricultural National Agricultural Statistics Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-12391 27012-27013 03-12392 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 27111 03-12688 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— West Coast salmon; correction, 27004-27005 03-12467 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 27016-27017 03-12469 National Estuarine Research Reserve System; Texas candidate site nomination, 27017 03-12362 New England Fishery Management Council, 27017-27018 03-12468 National Science National Science Foundation NOTICES Meetings:

Equal Opportunities in Science and Engineering Committee, 27111-27112 03-12386 National Medal of Science Committee, 27112 03-12387 Meetings; Sunshine Act, 27112-27113 03-12575 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 27113 03-12529 Presidential Presidential Documents EXECUTIVE ORDERS Committees; establishment, renewal, termination, etc.: Intelligence Oversight Board; increasing membership (EO 13301), 26981 03-12661 ADMINISTRATIVE ORDERS Burma:

Continuation of national emergency (Notice of May 16, 2003), 03-12722 Public Public Debt Bureau See Fiscal Service Rural Rural Business-Cooperative Service NOTICES Grants and cooperative agreements; availability, etc.: Renewable Energy Systems and Energy Efficiency Improvements Program, 27013-27014 03-12459 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 27113-27114 03-12452 Meetings; Sunshine Act, 27114 03-12590 Self-regulatory organizations; proposed rule changes:

American Stock Exchange LLC, 27114-27116 03-12450 03-12455 National Association of Securities Dealers, Inc.; correction, 27151 C3-10217 National Association of Securities Dealers, Inc., 27116-27128 03-12451 03-12453 National Futures Association, 27128-27129 03-12454 Pacific Exchange, Inc., 27129-27138 03-12456 SBA Small Business Administration NOTICES Disaster loan areas: Alabama, 27138 03-12471 Missouri, 27138 03-12470 New York, 27138-27139 03-12472 Statistical Statistical Reporting Service See National Agricultural Statistics Service Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:

Southwest Gulf Railroad Co., 27141-27142 03-12263 Railroad services abandonment: CSX Transportation, Inc., 27142 03-12262 Union Pacific Railroad Co. et al., 27142-27143 03-12344 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 27139 03-12532 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Surface Transportation Board See Transportation Statistics Bureau Transportation Transportation Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 27143 03-12384 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office RULES Currency and foreign transactions; financial reporting and recordkeeping requirements:

Bank Secrecy Act; implementation— Funds transmittal by financial institutions; conditional exception extended, 26996-26997 03-12371 NOTICES Agency information collection activities; proposals, submissions, and approvals, 27143-27149 03-12372 Western Western Area Power Administration NOTICES Environmental statements; notice of intent: Wellton-Mohawk Generating Facility, Yuma, AZ; construction and operation, 27056-27057 03-12435 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 27153-27422 03-11966 Part III The President, 26981 03-12661 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 96 Monday, May 19, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 03-018-1] Asian Longhorned Beetle; Quarantined Areas and Regulated Articles AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Asian longhorned beetle regulations by adding portions of New York City, NY, and Hudson County, NJ, to the list of quarantined areas and restricting the interstate movement of regulated articles from these areas. We are also updating the list of regulated articles in order to reflect new information concerning host plants. These actions are necessary to prevent the artificial spread of the Asian longhorned beetle to noninfested areas of the United States.

DATES: This interim rule was effective May 13, 2003. We will consider all comments that we receive on or before July 18, 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. 03-018-1, 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. 03-018-1.

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. 03-018-1” 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. Michael B. Stefan, Director of Emergency Programs, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-4387. SUPPLEMENTARY INFORMATION: Background The Asian longhorned beetle

(ALB)( *Anoplophora glabripennis* ), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber, firewood, stumps, roots, branches, and wood debris of half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and over-winter in, the interiors of trees. Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter (about the size of a dime) that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries could experience severe economic losses. In addition, urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Quarantined Areas The ALB regulations in 7 CFR 301.51-1 through 301.51-9 (referred to below as the regulations) restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of ALB to noninfested areas of the United States. Portions of the State of Illinois and portions of New York City and Nassau and Suffolk Counties in the State of New York are already designated as quarantined areas. Recent surveys conducted by inspectors of State, county, and city agencies and by inspectors of the Animal and Plant Health Inspection Service (APHIS) have revealed infestations of ALB in Hudson County, NJ. Additionally, surveys conducted in New York City, NY, have revealed that infestations of ALB have occurred outside the existing quarantined area. Officials of the U.S. Department of Agriculture and officials of State, county, and city agencies in New Jersey and New York are conducting intensive survey and eradication programs in the infested areas. Both New Jersey and New York have quarantined the infested areas and are restricting the intrastate movement of regulated articles from the quarantined areas to prevent the further spread of ALB within those States. However, Federal regulations are necessary to restrict the interstate movement of regulated articles from the quarantined areas to prevent the spread of ALB to other States and other countries. The regulations in § 301.51-3(a) provide that the Administrator of APHIS will list as a quarantined area each State, or each portion of a State, where ALB has been found by an inspector, where the Administrator has reason to believe that ALB is present, or where the Administrator considers regulation necessary because of its inseparability for quarantine enforcement purposes from localities where ALB has been found. Less than an entire State will be quarantined only if

(1)the Administrator determines that the State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by the regulations on the interstate movement of regulated articles; and

(2)the designation of less than an entire State as a quarantined area will be adequate to prevent the artificial spread of ALB. In accordance with these criteria and the recent ALB findings described above, we are amending the list of quarantined areas in § 301.51-3(c) to include a portion of Hudson County, NJ, and additional areas in New York City, NY. These quarantined areas are described in the rule portion of this document. Regulated Articles Section 301.51-2 of the regulations designates certain items as regulated articles. Regulated articles may not be moved interstate from quarantined areas except in accordance with the conditions specified in §§ 301.51-4 through 301.51-9 of the regulations. Regulated articles listed in § 301.51-2(a) have included green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera: *Acer* (maple), *Aesculus* (horse chestnut), *Betula* (birch), *Hibiscus syriacus L.* (Rose of Sharon), *Malus* (apple), *Melia* (chinaberry), *Morus* (mulberry), *Populus* (poplar), *Prunus* (cherry), *Pyrus* (pear), *Robinia* (locust), *Salix* (willow), *Ulmus* (elm), and *Citrus.* This list of genera was based on scientific literature provided by government officials, scientists, and government and individual researchers from China as well as limited survey information collected in the United States at the time of discovery of the pest. Based on additional survey experience and research, we are amending the list of regulated articles by removing *Hibiscus syriacus L.* (Rose of Sharon), *Malus* (apple), *Melia* (chinaberry), *Morus* (mulberry), *Prunus* (cherry), *Pyrus* (pear), *Robinia* (locust), and *Citrus,* and by adding *Albizia* (mimosa), *Celtis* (hackberry), *Fraxinus* (ash), *Platanus* (sycamore), and *Sorbus* (mountain ash). With respect to each of the eight genera that we are removing from the list of regulated articles, surveys conducted over the course of several years in New York and Illinois have shown that either

(1)the genus is not present in the quarantined areas or

(2)there is no evidence that ALB can complete its development in the genus. Conversely, with respect to the five genera we are adding, inspectors have found ALB completing its development in those genera within the quarantined areas. Emergency Action This rulemaking is necessary on an emergency basis to prevent the artificial spread of ALB 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 interim rule amends the ALB regulations by expanding the quarantined area in New York City, NY, and adding portions of Hudson County, NJ, to the list of quarantined areas. As a result of this action, the interstate movement of regulated articles from those areas is restricted. The following analysis addresses the economic effects of the interim rule on small entities. The businesses potentially affected by this interim rule are nurseries, arborists, tree removal services, firewood dealers, garden centers, landscapers, recyclers of waste material, and lumber and building material outlets. The quarantined areas expanded or established by this interim rule encompass approximately 10 square miles (6 square miles in New York and 4 square miles in New Jersey). Within those areas, there is one potentially affected entity (a nursery). While the size of the entity is unknown, it is reasonable to assume that it would be classified as a small entity, based on the Small Business Administration's size standards. 1 1 The overwhelming majority of entities are considered small by SBA standards. Businesses could be affected by the regulations in two ways. First, if a business wishes to move regulated articles interstate from a quarantined area, that business must either:

(1)Enter into a compliance agreement with APHIS for the inspection and certification of regulated articles to be moved interstate from the quarantined area; or

(2)present its regulated articles for inspection by an inspector and obtain a certificate or a limited permit, issued by the inspector, for the interstate movement of regulated articles. The inspections may be inconvenient, but they should not be costly in most cases, even for businesses operating under a compliance agreement who would perform the inspections themselves. For those businesses that elect not to enter into a compliance agreement, APHIS would provide the services of the inspector without cost. There is also no cost for the compliance agreement, certificate, or limited permit for the interstate movement of regulated articles. Second, there is a possibility that, upon inspection, a regulated article could be determined by the inspector to be potentially infested with ALB, and, as a result, the inspector would not be able to issue a certificate. In this case, the entity's ability to move regulated articles interstate would be restricted. However, the affected entity could conceivably obtain a limited permit under the conditions of § 301.51-5(b). Whether or not the affected entity would be denied certificates as a result of inspections of regulated articles is unknown. However, because it is located in a densely populated urban area, the nursery is more likely to be receiving regulated articles from outside the quarantined area than it is to be shipping regulated articles interstate to non-quarantined areas. It is unlikely, therefore, that the nursery would be moving regulated articles that would require inspection in the first place. 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. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this interim rule. The assessment provides a basis for the conclusion that the integrated eradication program will not have a significant impact on the quality of the human 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 interim rule). In addition, copies may be obtained by calling or writing to the individual listed under FOR FURTHER INFORMATION CONTACT or on the Internet at *http://www.aphis.usda.gov/ ppd/es/alb.html.* 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. 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 § 301.51-2, paragraph

(a)is revised to read as follows: § 301.51-2 Regulated articles.

(a)Firewood (all hardwood species), and green lumber and other material living, dead, cut, or fallen, inclusive of nursery stock, logs, stumps, roots, branches, and debris of half an inch or more in diameter of the following genera: *Acer* (maple), *Aesculus* (horse chestnut), *Albizia* (mimosa), *Betula* (birch), *Celtis* (hackberry), *Fraxinus* (ash), *Platanus* (sycamore), *Populus* (poplar), *Salix* (willow), *Sorbus* (mountain ash), and *Ulmus* (elm). 3. In § 301.51-3, paragraph

(c)is amended as follows: a. By adding, in alphabetical order, an entry for New Jersey to read as set forth below. b. Under the heading New York, by revising the entry for New York City to read as set forth below. § 301.51-3 Quarantined areas.

(c)* * * New Jersey *Hudson County.* That area in the city of Jersey City that is bounded as follows: Beginning at the intersection of Paterson Plank Road and South Wing Viaduct; then south on Paterson Plank Road to Congress Street; then west on Congress Street to Webster Avenue; then south on Webster Avenue to Bowers Street; then west on Bowers Street to Summit Avenue; then south on Summit Avenue to Fairmount Avenue; then east on Fairmount Avenue to Grand Street; then east on Grand Street to the shoreline of the Hudson River; then north along the shoreline of the Hudson River to the Hoboken/Jersey City border. That area in the city of Hoboken that is bounded as follows: Beginning at the shoreline of the Hudson River east of the intersection of Hudson Street and 11th Street; then west on 11th Street to the railroad tracks; then south along the railroad tracks to the Hoboken/Jersey City border; then east along the Hoboken/Jersey City border to the shoreline of the Hudson River; then north along the shoreline of the Hudson river to the point of beginning. New York *New York City.* That area in the boroughs of Manhattan, Brooklyn, and Queens in the City of New York that is bounded by a line beginning at the point where the Brooklyn Battery Tunnel intersects the Manhattan shoreline of the East River; then west and north along the shoreline of the Hudson River to Martin Luther King Jr. Boulevard; then east on Martin Luther King Jr. Boulevard and across the Triborough Bridge to its intersection with the west shoreline of Randall's and Wards Island; then east and south along the shoreline of Randall's and Wards Island to its intersection with the Triborough Bridge; then east along the Triborough Bridge to its intersection with the Queens shoreline; then north and east along the Queens shoreline to its intersection with the City of New York/Nassau County line; then southeast along the City of New York/Nassau County line to its intersection with the Grand Central Parkway; then west on the Grand Central Parkway to the Jackie Robinson Parkway; then west on the Jackie Robinson Parkway to Park Lane; then south on Park Lane to Park Lane South; then south and west on Park Lane South to 112th Street; then south on 112th Street to Atlantic Avenue; then west on Atlantic Avenue to 106th Street; then south on 106th Street to Liberty Avenue; then west on Liberty Avenue to Euclid Avenue; then south on Euclid Avenue to Linden Boulevard; then west on Linden Boulevard to Canton Avenue; then west on Canton Avenue to the Prospect Expressway; then north and west on the Prospect Expressway to the Gowanus Expressway; then north and west on the Gowanus Expressway to Hamilton Avenue and the Brooklyn Battery Tunnel; then north on Hamilton Avenue and the Brooklyn Battery Tunnel across the East River to the point of beginning. Done in Washington, DC, this 13th day of May 2003. Peter Fernandez, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-12390 Filed 5-16-03; 8:45 am]

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