Unknown. Interim rule and request for comments

4,818 words·~22 min read·/register/2003/09/19/03-23953

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-2003-09-19.xml --- 68 182 Friday, September 19, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Interstate transportation of animals and animal products (quarantine): Exotic Newcastle disease; quarantine area designations— California, 54797-54800 03-23953 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Medicare & Medicaid Services NOTICES Agency information collection activities; proposals, submissions, and approvals, 54904-54905 03-23913 03-23914 Coast Guard Coast Guard RULES Drawbridge operations:

Florida, 54807-54808 03-24015 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 54886-54887 03-23951 03-23952 Defense Defense Department See Navy Department Education Education Department NOTICES Special education and rehabilitative services:

Individuals with Disabilities Education Act (IDEA)— Correspondence; quarterly list, 54895-54897 03-23975 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 54916-54917 03-23574 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollution control; new motor vehicles and engines: Compression-ignition marine engines at or above 30 liters per cylinder; emission standards Correction, 54955-54960 03-23848 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Butafenacil, 54818-54827 03-23853 Cyprodinil, 54808-54818 03-23854 Flufenpyr-ethyl, 54834-54843 03-24118 S-metolachlor, 54827-54834 03-24014 Water programs: Pollutants analysis test procedures; guidelines— Biological pollutants in ambient water; analytical methods; correction, 54934 C3-18155 PROPOSED RULES Air pollution control; new motor vehicles and engines: Compression-ignition marine engines at or above 30 liters per cylinder; emission standards; correction, 54960-54963 03-23849 NOTICES Environmental statements; availability, etc.:

Agency statements— Comment availability, 54899-54900 03-24000 Weekly receipts, 54900-54901 03-24001 Pesticides; emergency exemptions, etc.: Carbofuran, 54901-54903 03-24117 Executive Executive Office of the President See Presidential Documents Export Export-Import Bank NOTICES Meetings; Sunshine Act, 54903 03-24175 FAA Federal Aviation Administration RULES Airworthiness standards: Special conditions— Douglas Models DC-8-61, -61F, -63, -63F, -71, -71F, -72, -72F, -73, and -73F airplanes, 54800-54802 03-23970 IFR altitudes, 54802-54803 03-23968 PROPOSED RULES Airworthiness directives:

Airbus, 54872-54874 03-23935 Boeing, 54869-54876 03-23934 03-23936 Dassault, 54866-54868 03-23937 McDonnell Douglas, 54864-54866 03-23938 Saab, 54862-54864 03-23939 NOTICES Meetings: Air Traffic Procedures Advisory Committee, 54930-54931 03-23973 Commercial Space Transportation Advisory Committee, 54931 03-23971 Reports and guidance documents; availability, etc.: Transport category airplanes— Side-facing seats; policy statement, 54931 03-23974 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Arizona, 54855 03-23925 Georgia, 54855 03-23927 Iowa, 54854-54855 03-23922 New York, 54854 03-23921 Oklahoma, 54854 03-23920 Various States, 54855-54856 03-23928 Ration stations; table of assignments: Georgia, 54856 03-23923 PROPOSED RULES Radio stations; table of assignments: Alabama and Tennessee, 54878 03-23924 Georgia, 54879 03-23998 Texas, 54878-54879 03-23926 NOTICES Rulemaking proceedings; petitions filed, granted, denied, etc., 54903 03-23907 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 54903-54904 03-24163 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations: Louisiana, 54851-54852 03-23990 Various States, 54843-54854 03-23987 03-23988 03-23991 PROPOSED RULES Flood elevation determinations: Various States, 54877-54878 03-23989 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings: Regional transmission organizations; interstate dispute resolution and other issues; commission inquiry, 54897-54899 03-24086 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Formations, acquisitions, and mergers, 54904 03-23894 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— Karner blue butterfly, 54913-54914 03-23930 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Cyclosporine, 54804 03-23944 Oxytetracycline injectable solution, 54804-54806 03-23891 03-23942 Pyrantel pamoate suspension, 54803 03-23943 Salinomycin and Chlortetracycline, 54806-54807 03-23996 NOTICES Agency information collection activities; proposals, submissions, and approvals, 54905-54907 03-23940 03-23941 Reports and guidance documents; availability, etc.:

Fatalities related to blood collection or transfusion; notifying FDA, 54907-54908 03-23997 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Michigan Wacker Chemical Corp.; silicone and ceramics products manufacturing and warehousing, 54887 03-23966 Puerto Rico Pepsi-Cola Manufacturing International, Ltd.; soft drink and juice beverage concentrate manufacturing plant, 54887-54888 03-23965 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Fresno County, 54886 03-23823 Health Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Meetings: Bioethics, President's Council, 54904 03-23908 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Immigration and Customs Enforcement Bureau Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 54913 03-23635 Regulatory waiver requests; quarterly listing, 54935-54954 03-23885 Immigration and Customs Enforcement Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 54912-54913 03-23893 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Meetings: Guam War Claims Review Commission, 54913 03-24067 IRS Internal Revenue Service PROPOSED RULES Income taxes:

Defined contribution plans; distribution forms elimination; correction, 54876-54877 03-23981 International International Trade Administration NOTICES Antidumping: Bulk aspirin from— China, 54890-54891 03-23962 Softwood lumber products from— Canada, 54891-54892 03-23963 Stainless steel plate in coils from— Taiwan, 54892-54893 03-23964 Antidumping and countervailing duties: Pasta from— Italy, 54888-54890 03-23961 Export trade certificates of review, 54893 03-23967 International International Trade Commission NOTICES Import investigations:

Zero-mercury-added alkaline batteries, parts, and products containing same, 54915-54916 03-23918 Meetings; Sunshine Act, 54916 03-24094 Labor Labor Department See Employment Standards Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Andrews Management Unit and Steens Mountain Cooperative Management and Protection Area, OR, 54914-54915 03-21072 Survey plat filings: Oregon and Washington, 54915 03-23915 Mine Mine Safety and Health Administration NOTICES Safety standard petitions:

Elk Run Coal Co., Inc., et al., 54917-54920 03-23910 NASA National Aeronautics and Space Administration NOTICES Meetings: Advanced Space Transportation Subcommittee, 54920-54921 03-23983 Advisory Council Task forces, 54921 03-23982 Patent licenses; non-exclusive, exclusive, or partially exclusive: IVEK Corp., 54921 03-23909 National Credit National Credit Union Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 54921-54922 03-23906 National Crime National Crime Prevention and Privacy Compact Council NOTICES Interstate Identification Index System:

Fingerprint-based criminal history record checks on individuals requesting hazardous materials endorsement on commercial driver's license; access approval— Transportation Security Administration, 54922-54923 03-23916 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Child restraint system— Child restraint anchorage systems; correction, 54861 03-23880 Motor vehicle theft prevention standard: Passenger motor vehicle theft data (2001 CY), 54857-54861 03-23874 PROPOSED RULES Motor vehicle safety standards:

Rear impact protection; road construction controlled horizontal discharge trailer; exclusion from standard, 54879-54885 03-23960 NIH National Institutes of Health NOTICES Meetings: AIDS Research Office Advisory Council, 54908 03-23903 Clinical trials of drugs in pre-term infants and neonates; design and conduct issues and challenges, 54908-54909 03-23904 Fogarty International Center Advisory Board, 54909 03-23899 National Institute of Child Health and Human Development, 54909-54911 03-23895 03-23896 03-23897 03-23900 03-23902 National Institute of Dental and Craniofacial Research, 54911 03-23901 National Institute of Diabetes and Digestive and Kidney Diseases, 54910 03-23898 Reports and guidance documents; availability, etc.:

Pediatric pharmaceutical usage list; information request, 54912 03-23905 NOAA National Oceanic and Atmospheric Administration RULES Endangered and threatened species: Sea turtle conservation requirements— Gulf of Mexico and Atlantic Ocean; turtle excluder devices; correction, 54934 C3-21858 PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic shark, 54885 03-24113 NOTICES Committees; establishment, renewal, termination, etc.: Florida Keys National Marine Sanctuary Advisory Council, 54893-54894 03-23929 Marine mammals:

Taking and importing— Vandenberg Air Force Base, CA; 30th Space Wing, U.S. Air Force; space vehicle and test flight activities; pinnipeds, 54894-54895 03-23993 Meetings: Pacific Fishery Management Council; correction, 54895 03-23992 Navy Navy Department NOTICES Meetings: Marine Corps University Board of Visitors, 54895 03-23911 Patent licenses; non-exclusive, exclusive, or partially exclusive: Unique Technologies, Inc., 54895 03-23912 Nuclear Nuclear Regulatory Commission NOTICES Meetings:

Nuclear Waste Advisory Committee, 54923-54924 03-23948 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Citizenship Day and Constitution Week (Proc. 7705), 54977-54978 03-24159 ADMINISTRATIVE ORDERS Ireland, International Fund for; U.S. contributions (Presidential Determination No. 2003-34 of September 9, 2003), 54965-54967 03-24109 Israel; delegation of functions to the Secretary of State related to loan guarantees (Memorandum of September 12, 2003), 54969 03-24108 Korean Peninsula Energy Development Organization;

United States contribution (Presidential Determination No. 2003-37 of September 14, 2003), 54971 03-24110 Narcotics and drugs: Certification for major illicit drug producing and drug transit countries (Presidential Determination No. 2003-38 of September 15, 2003), 54973-54976 03-24111 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Cincinnati Stock Exchange, Inc., 54924-54925 03-23949 Philadelphia Stock Exchange, Inc., 54926-54927 03-23950 SBA Small Business Administration NOTICES Disaster loan areas:

Montana, 54927 03-23977 New Hampshire, 54927-54928 03-23978 Ohio, 54928 03-23976 Vermont, 54928 03-23979 License surrenders: Renaissance Capital Corp., 54928 03-23980 State State Department NOTICES Art objects; importation for exhibition: Christoffer Wilhelm Eckersberg (1783-1853), 54928-54929 03-23955 Etruscans: An Ancient Culture Revealed, 54929 03-23958 Schoenberg, Kandinsky, and the Blue Rider, 54929 03-23954 Triumph of French Painting: 17th Century Masterpieces from the Museums of FRAME, 54929 03-23956 Nonprofileration measures imposition:

Chinese entity, 54930 03-23957 Surface Surface Transportation Board NOTICES Rail carriers: Cost of recovery procedures— Adjustment factor, 54931-54932 03-23742 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 54932-54933 03-23945 03-23946 03-23947 Separate Parts In This Issue Part II Housing and Urban Development Department, 54935-54954 03-23885 Part III Environmental Protection Agency, 54955-54963 03-23848 03-23849 Part IV Executive Office of the President, Presidential Documents, 03-24108 54965-54978 03-24109 03-24110 03-24111 03-24159 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. 68 182 Friday, September 19, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 82 [Docket No. 02-117-10] Exotic Newcastle Disease; Removal of Areas From Quarantine AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the exotic Newcastle disease regulations by removing portions of Kern, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties, CA, from the list of quarantined areas. This action removes restrictions on the movement of birds, poultry, and certain other articles from those areas. With this action, there are no longer any areas in the United States that are quarantined because of exotic Newcastle disease.

DATES: This interim rule was effective September 16, 2003. We will consider all comments that we receive on or before November 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. 02-117-10, 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. 02-117-10.

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. 02-117-10” 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. Aida Boghossian, Senior Staff Veterinarian, Emergency Programs Staff, VS, APHIS, 4700 River Road Unit 41, Riverdale, MD 20737-1231;

(301)734-8073. SUPPLEMENTARY INFORMATION: Background Exotic Newcastle disease

(END)is a contagious and fatal viral disease affecting the respiratory, nervous, and digestive systems of birds and poultry. END is so virulent that many birds and poultry die without showing any clinical signs. A death rate of almost 100 percent can occur in unvaccinated poultry flocks. END can infect and cause death even in vaccinated poultry. The regulations in “Subpart A—Exotic Newcastle Disease (END)” (9 CFR 82.1 through 82.16, referred to below as the regulations) were established to prevent the spread of END in the United States in the event of an outbreak. In § 82.3, paragraph

(a)provides that any area where birds or poultry infected with END are located will be designated as a quarantined area, and that a quarantined area is any geographical area, which may be a premises or all or part of a State, deemed by epidemiological evaluation to be sufficient to contain all birds or poultry known to be infected with or exposed to END. Prior to the effective date of this interim rule, portions of Kern, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties, CA, were designated as quarantined areas in § 82.3(c) of the regulations. As a result, the interstate movement from those quarantined areas of birds, poultry, products, and materials that could spread END was prohibited or restricted. Further, because the Secretary of Agriculture declared an extraordinary emergency because of END in California, the intrastate movement from the quarantined areas of birds, poultry, products, and materials that could spread END was prohibited or restricted, as provided by the regulations in § 82.16. Previous Quarantine Actions On October 1, 2002, END was confirmed in the State of California. The disease was confirmed in backyard poultry, which are raised on private premises for hobby, exhibition, and personal consumption. Over the course of the following months, END was confirmed in backyard and commercial poultry on premises elsewhere in California and in backyard poultry in Arizona, Nevada, and Texas. Consequently, in a series of six interim rules published in the **Federal Register** between November 2002 and May 2003, we amended the regulations in § 82.3(c) by designating specific portions of each of those States as quarantined areas. As of May 2003, all or portions of three counties in Arizona, nine counties in California, two counties in Nevada, three counties in New Mexico, and two counties in Texas were designated as quarantined areas in § 82.3(c). As provided for by the regulations in § 82.3(a), these quarantined areas encompassed each area where poultry infected with END were located and a surrounding geographical area deemed by epidemiological evaluation to be sufficient to contain all birds or poultry known to be infected with or exposed to END. Previous Reductions in Quarantined Areas Beginning in May 2003, we began releasing areas from quarantine after Animal and Plant Health Inspection Service (APHIS) epidemiologists determined, based on the results of extensive investigations conducted in Arizona, California, Nevada, New Mexico, and Texas, that it was possible to reduce the size of the quarantined areas in those States. Specifically: • In an interim rule effective May 14, 2003, and published in the **Federal Register** on May 19, 2003 (68 FR 26986-26988, Docket No. 02-117-6), we reduced the size of the quarantined areas in Nevada and Arizona, leaving only portions of La Paz County, AZ, and Clark County, NV, as quarantined areas in those States. • In an interim rule effective June 5, 2003, and published in the **Federal Register** on June 11, 2003 (68 FR 34779-34781, Docket No. 02-117-8), we reduced the size of the quarantined areas in Texas and eliminated the quarantined areas in New Mexico, leaving only a portion of El Paso County, TX, as a quarantined area in that State. • In an interim rule effective July 30, 2003, and published in the **Federal Register** on August 4, 2003 (68 FR 45741-45745, Docket No. 02-117-9), we eliminated the last remaining quarantined areas in Arizona, Nevada, and Texas and reduced the size of the quarantined areas in California, leaving only portions of Kern, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties, CA, as quarantined areas in that State. Additional Reductions in Quarantined Areas In this interim rule, we are eliminating the last remaining quarantined areas in California. The portion of Orange County that we are removing from quarantine is an area in which END has not been found, but which was included in the quarantined area due to its proximity to areas in adjoining counties where END-positive premises were found. Our actions with respect to Kern, Los Angeles, Riverside, San Bernardino, and Ventura Counties—areas that had, at one time, contained infected premises—are based upon our determination that the areas in those counties meet the criteria contained in § 82.14 of the regulations for release from quarantine. Our basis for these actions is discussed in greater detail below. Areas in Which END Has Not Been Found No END-positive premises were detected in Orange County, CA. Surveillance and testing of poultry premises was carried out in this area and resulted in no END-positive premises being detected. *Noncommercial premises.* An inventory of at-risk noncommercial premises was developed for the areas targeted for quarantine release. In addition to information previously collected through eradication activities, sources of information included local animal control authorities, local law enforcement, county agricultural officials, extension personnel, and animal welfare workers. Surveillance efforts were concentrated in areas that had at-risk premises. An at-risk premises was defined as a premises inhabited by poultry or ratites or that contained an aviary. Within this population, premises considered highest risk were targeted for sampling. High risk premises were defined as any premises with any galliform birds (chickens, turkeys, pheasant, quail, partridge, guinea fowl, pea fowl, etc.), columbiform birds (pigeons, doves), or anseriform birds (ducks, geese, swans). Other factors considered indicative of high risk were multiple owners on the same premises, premises with sick or dead birds, history of movement of birds, and possible contact with an infected premises. The sampling period for the small portion of Orange County, CA, that had remained under quarantine was from July 20 through August 20, 2003. A total of 5 at-risk premises were sampled from a population of 48 at-risk premises in the area. None of the samples yielded a positive result. *Commercial premises.* No commercial poultry premises were located in the Orange County, CA, quarantined area. As noted previously, the regulations in § 82.3(a) provide that any area where birds or poultry infected with END are located will be designated as a quarantined area, and that a quarantined area is any geographical area, which may be a premises or all or part of a State, deemed by epidemiological evaluation to be sufficient to contain all birds or poultry known to be infected with or exposed to END. APHIS epidemiologists have evaluated the results of the investigations conducted in Orange County, CA, and have determined that we may now eliminate the quarantined area in that county. This determination is based on, among other things, the demonstrated absence of birds or poultry infected with or exposed to END in that area. The regulations in § 82.14 provide requirements that must be met before an area may be removed from quarantine, but those requirements relate to measures taken with respect to END- infected or -exposed birds and poultry, their eggs and manure, and articles and premises with which such birds or their manure or litter have come in contact. As there were no END-infected or -exposed birds or poultry in the portion of Orange County, CA, that has been under quarantine for END, there are no requirements under § 82.14 that need to be met before that area can be removed from quarantine. Areas That Contained Infected Premises An area where END-positive premises have been detected is known as an “infected area.” The infected area in California had a total of 920 END-positive premises, 900 of which were located in Kern, Los Angeles, Riverside, San Bernardino, and Ventura Counties. (The remaining 20 END-positive premises had been located in San Diego County, CA, which we released from quarantine in our August 4, 2003, interim rule.) Fourteen of those 900 premises were commercial poultry premises. All birds on all infected premises, and any premises exposed to those infected premises, were depopulated. The date of depopulation on the final END-positive premises in each county still under quarantine in the infected area of California was: • Ventura County: April 9, 2003; • Kern County: May 12, 2003; • Riverside County: May 20, 2003; • San Bernardino County: May 22, 2003; and • Los Angeles County: June 1, 2003. Intensive surveillance and testing of both noncommercial and commercial poultry premises was carried out in the infected area and resulted in no additional END positive premises being detected. *Noncommercial premises.* An inventory of at-risk noncommercial premises was developed for the infected area. Surveillance efforts were then concentrated in portions of the infected area that had at-risk premises. An at-risk premises was defined as a premises inhabited by poultry, ratites, or an aviary. Within this population, premises considered highest risk were targeted for sampling. In the infected area of Kern, Los Angeles, Riverside, San Bernardino, and Ventura Counties, CA, all of the sampling was conducted during the period from June 15 through August 20, 2003. The majority of the sampling was conducted during the period from July 5 to August 9, 2003. Overall, a total of 4,544 at-risk premises were sampled from a population of 22,745 at-risk premises in the infected area. Over 57,500 birds were sampled and tested for the END virus. None of the samples yielded a positive result. Table 1.—At-risk Noncommercial Premises Sampled by County in California County Number of premises sampled Kern 56 Los Angeles 2,027 Riverside 1,229 San Bernardino 1,142 Ventura 90 *Commercial premises.* Active weekly surveillance of commercial poultry premises in the infected area began as early as December 2002. All but five commercial premises with birds have been under weekly active surveillance for at least 6 weeks and have a documented biosecurity protocol in place. Of the remaining five commercial premises, one (a premises with quail) has been under weekly active surveillance for at least 4 weeks and four (two with ostriches, one with ducks, and one hatchery) are under passive surveillance. All these commercial premises must report any significant increase in death losses or the occurrences of clinical signs consistent with END. A total of 93 commercial poultry premises are located in the infected area, of which 72 premises had birds present. The 21 other commercial premises are egg processors and did not participate in active surveillance. Fourteen of the 72 premises that had birds present were found to be infected, and 1 premises was found to have been exposed to infected premises; all 15 were depopulated, and 6 other premises were emptied of birds by their owners for other reasons. With 5 of the 15 depopulated premises having been repopulated, there were 56 premises with birds in the infected area. A representative sampling of either live or dead birds from each poultry house on 52 of those 56 premises with birds was performed weekly. The other four commercial premises with birds were under passive surveillance. Sample collection was done by either an accredited veterinarian or authorized company personnel. No END positive premises were found. We have determined that all applicable requirements of § 82.14 to remove an area from quarantine have been met with respect to the remaining areas in California. Specifically, we have determined the following: • All birds and poultry exposed to END have been found to be free of END or have been euthanized; • All birds and poultry infected with END have been euthanized; • All parts of all birds and poultry that were euthanized or that died from any cause other than slaughter, all eggs produced by birds or poultry infected with or exposed to END, and all manure generated by and litter used by birds or poultry infected with or exposed to END have been buried at least 6 feet deep and covered at the time of burial with soil in a location within the quarantined area that meets all U.S. Environmental Protection Agency (EPA), State, and local requirements for landfills; • All vehicles with which the birds or poultry infected with or exposed to END or their excrement or litter have had physical contact have been cleaned and disinfected in the manner prescribed in § 82.14(f); • All cages, coops, containers, troughs, and other equipment used for birds or poultry infected with or exposed to END or their excrement or litter have been reduced to ashes by incineration or have been cleaned and disinfected in the manner prescribed in § 82.14(g); and • The premises where birds or poultry infected with or exposed to END were located have been cleaned and disinfected in the manner prescribed in § 82.14(h). Conclusion Based on the information presented above, we are amending § 82.3(c) in this interim rule by removing the remaining portions of Kern, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties, CA, from the list of quarantined areas because the continued quarantine of these areas is no longer necessary to contain all birds and poultry infected with or exposed to END. With this action, there are no longer any areas in the United States that are quarantined because of END. Immediate Action Immediate action is warranted to relieve restrictions that are no longer necessary. We have determined that portions of Kern, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties, CA, may now be removed from the list of areas quarantined because of END. Therefore, immediate action is warranted to relieve the prohibitions or restrictions that have applied to the movement of birds, poultry, products, and other materials from those 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 that 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 regulations by removing portions of Kern, Los Angeles, Orange, Riverside, San Bernardino, and Ventura Counties, CA, from the list of quarantined areas. This action needs to be made effective immediately in order to remove restrictions on the movement of birds, poultry, and certain other articles from those areas that are no longer necessary. This 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 in conflict 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 9 CFR Part 82 Animal diseases, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, 9 CFR part 82 is amended as follows: PART 82—EXOTIC NEWCASTLE DISEASE

(END)AND CHLAMYDIOSIS 1. The authority citation for part 82 continues to read as follows: Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. 2. In § 82.3, paragraph

(c)is revised to read as follows: § 82.3 Quarantined areas.

(c)The following areas are quarantined because of END: There are no areas in the United States quarantined because of END. Done in Washington, DC this 16th day of September 2003. Bobby R. Acord, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-23953 Filed 9-18-03; 8:45 am]

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