Unknown. Interim rule and request for comments

3,285 words·~15 min read·/register/2003/10/28/03-27149·

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-2003-10-28.xml --- 68 208 Tuesday, October 28, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Farm Service Agency See Foreign Agricultural Service See Forest Service See Grain Inspection, Packers and Stockyards Administration See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Grants and cooperative agreements; availability, etc.:

Gang Resistance Education and Training Program; correction, 61555 C3-26774 Animal Animal and Plant Health Inspection Service RULES Plant related quarantine; domestic: Mexican fruit fly, 61323-61324 03-27149 NOTICES Agency information collection activities; proposals, submissions, and approvals, 61390-61391 03-27150 Environmental statements; availability, etc.: Artificially dwarfed plants from China; approved growing media, 61391 03-27148 Centers Centers for Disease Control and Prevention NOTICES Meetings:

Fetal Alcohol Syndrome and Fetal Alcohol Effect National Task Force, 61444 03-27106 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61444 03-27084 Coast Guard Coast Guard RULES Drawbridge operations: New Jersey, 61363-61365 03-27126 Ports and waterways safety: Hatteras Island, NC; safety zone, 61365-61367 03-27128 NOTICES Agency information collection activities; proposals, submissions, and approvals, 61456-61457 03-27127 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 61392-61393 03-27099 Commodity Commodity Credit Corporation RULES Special programs:

Obsolete regulations; removed, 61324-61326 03-27086 Consumer Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 61399 03-27283 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Spa Dynamic Wholesalers, 61466-61468 03-27085 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and activities, 03-27109 61468-61469 03-27110 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Biological and Environmental Research Advisory Committee, 61399-61400 03-27144 Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 61400 03-27141 Paducah Gaseous Diffusion Plant, KY, 61400-61401 03-27142 Fusion Energy Sciences Advisory Committee, 61401 03-27143 EPA Environmental Protection Agency RULES Air quality implementation plans: Preparation, adoption, and submittal— Regional haze rule; Western States and Indian tribes; mobile source provisions; withdrawal, 61367-61368 03-27159 PROPOSED RULES Air programs:

Stratospheric ozone protection— Class I ozone depleting substances; essential use allowances allocation (2004), 61382-61389 03-27160 Air quality implementation plans; approval and promulgation; various States: New York, 61379-61382 03-27157 Solid wastes: Certain recyclable hazardous secondary materials identification as not discarded; Definition revisions, 61557-61599 03-26754 NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-27158 61410-61412 03-27162 Executive Executive Office of the President See Presidential Documents Farm Farm Service Agency RULES Program regulations:

Internal loan payment and collections, 61329-61333 03-27046 Special programs: Obsolete regulations; removed, 61324-61326 03-27086 FAA Federal Aviation Administration RULES Airworthiness directives: Aerostar Aircraft Corp., 61334-61336 03-26833 Rolls-Royce plc, 61336-61338 03-26916 Class D airspace; correction, 61338-61339 03-27175 NOTICES Advisory circulars; availability, etc.: Certification and operation of amateur-built aircraft, 61546 03-27176 Environmental statements; notice of intent:

South Suburban Airport, IL; scoping meetings, 61546 03-27178 Meetings: RTCA, Inc., 61546, 61548 03-27179 03-27180 Reports and guidance documents; availability, etc.: Pilot heat indication systems for small planes, 61548 03-27177 Federal Emergency Federal Emergency Management Agency RULES Disaster assistance: Hazard mitigation planning and Hazard Mitigation Grant Program, 61368-61371 03-27140 NOTICES Disaster and emergency areas: Northern Mariana Islands, 61457 03-27053 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Flat Rock Windpower LLC, et al., 61403-61405 E3-00125 IDACORP Energy L.P., et al., 61405-61407 E3-00126 Southwestern Power Administration, et al., 61407-61409 E3-00117 Meetings: Entergy Services, Inc.; generator operator limits; technical conference, 61409 E3-00120 Practice and procedure: Records governing off-the record communications, 61409-61410 E3-00121 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 61401-61402 E3-00118 Florida Gas Transmission Co., 61402 E3-00122 Texas Eastern Transmission, LP, 61402 E3-00123 Transcontinental Gas Pipe Line Corp., 61402-61403 E3-00119 E3-00124 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

New York County, NY, 61548-61549 03-27103 FMC Federal Maritime Commission NOTICES Complaints filed: San Diego Unified Port District, 61412-61413 03-27111 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 61413 03-27101 Formations, acquisitions, and mergers, 61413 03-27100 Federal Reserve Bank services: Imputed priced-service income from clearing balance investments, 61413-61418 03-27124 Priced services and electronic connections; fee schedules and private sector adjustment factor, 61418-61444 03-27123 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Treasury book-entry securities held on National Book Entry System, transfer; fee schedule, 61551-61552 03-27125 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 61457-61458 03-27105 Food Food and Drug Administration RULES Medical devices:

Class II devices— Arrhythmia detector and alarm; reclassification and special controls, 61342-61344 03-27115 Public Health Security and Bioterrorism Preparedness and Response Act of 2002; Food facilities registration; food importation, prior notice to FDA; meetings, 61340-61342 03-27182 NOTICES Agency information collection activities; proposals, submissions, and approvals, 61444-61446 03-27120 Medical devices: Class II devices— Defibrillators, automated external; reclassification and special controls, 61446 03-27116 Premarket approval applications, list; safety and effectiveness summaries availability, 61447-61448 03-27119 Reports and guidance documents; availability, etc.:

FDA Modernization Act of 1997— Recognized Standards List modifications (Recognition List Number: 008); correction, 61448 03-27118 Medical devices— Arrhythmia detector and alarm; Class II special controls, 61448-61449 03-27114 In viro diagnostic devices intended for professional use; labeling and symbols use, 61449-61451 03-27117 MISSING FOR: Foreign Agricultural Service Foreign Agricultural Service NOTICES Trade adjustment assistance; applications, petitions, etc.: California fresh garlic producers, 61392 03-27145 Columbia River Fishermen's Protective Union Members, OR, 61392 03-27146 Foreign Foreign Assets Control Office RULES Federal Civil Penalties Inflation Adjustment Act; implementation:

Reporting, procedures, and penalties regulations; Iraqi sanctions and foreign terrorist organizations sanctions regulations, etc.; civil monetary penalties, 61359-61362 03-27074 Iraqi sanctions regulations: Sanctions regulations removed and interpretive guidance for secondary-market transactions in Iraqi debt, 61362-61363 03-27073 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* California, 61393 03-27168 Massachusetts— Acushnet Co.;

(sporting goods) warehousing and manufacturing facilities, 61393-61394 03-27167 Ohio, 61394 03-27166 Texas, 61395 03-27169 Forest Forest Service NOTICES Appealable decisions; legal notice: Intermountain Region, 61392 03-27138 GIPSA Grain Inspection, Packers and Stockyards Administration RULES General regulations: Review inspection requirements, 61326-61329 03-27147 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61452 03-27122 Meetings:

Maternal and Child Health Research Grants Review Committee, 61452 03-27121 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency RULES Immigration: Recognized American Institutions of Research List; additions and removals, 61333-61334 03-27151 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Dry Creek Rancheria, CA, 61458-61460 03-27104 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Reclamation Bureau IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 61552-61554 03-27171 03-27172 03-27173 International International Trade Administration NOTICES Antidumping:

Malleable iron pipe fittings from— China, 61395-61398 03-27165 Stainless steel bar from— Germany and Italy, 61398 03-27164 International International Trade Commission NOTICES Import investigations: Hazelnuts, processed, from— Turkey, 61465-61466 03-27112 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Reports and guidance documents; availability, etc.: National Intellectual Property Law Enforcement Coordination Council; agenda and mission, 61398-61399 03-27155 Labor Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Realty actions; sales, leases, etc.:

Nevada, 61460-61462 03-27000 03-27001 Minerals Minerals Management Service NOTICES Outer Continental Shelf operations: Gulf of Mexico— Oil and gas lease sales, 61462 03-27170 NASA National Aeronautics and Space Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 61469 03-27075 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Nonconforming vehicles— Importation eligibility; determinations, 61549-61551 03-27129 NIH National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 61452-61453 03-27082 Meetings:

National Institute of Child Health and Human Development, 61453-61455 03-27076 03-27077 03-27081 National Institute on Aging, 61454-61455 03-27078 03-27079 Women's Health Research Advisory Committee, 61455-61456 03-27080 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Coastal pelagic species, 61373 03-27174 Reporting and recordkeeping requirements; technical amendments, 61339-61340 03-27181 National Science National Science Foundation NOTICES Environmental statements; notice of intent:

Antarctica; overland traverse capabilities development and implementation, 61469-61471 03-27156 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Ohio Citizens for Responsible Energy, Inc.; denied, 61374-61379 03-27131 NOTICES Environmental statements; availability, etc.: Core Laboratories, Inc., 61472-61474 03-27132 White Eagle Toxicology Laboratories, Inc., 61474-61475 03-27133 Meetings; Sunshine Act, 61475 03-27214 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 61475-61485 03-26890 *Applications, hearings, determinations, etc.:* Jefferson Proving Ground Site, IN, 61471-61472 03-27134 Patent Patent and Trademark Office NOTICES Reports and guidance documents; availability, etc.:

National Intellectual Property Law Enforcement Coordination Council; agenda and mission, 61398-61399 03-27155 Pension Pension Benefit Guaranty Corporation RULES Government Paperwork elimination Act; implementation: Electronic transactions; filings, issuances, computation of time, and record retention, 61344-61359 03-27163 Postal Postal Service NOTICES Flat Mail Identification Code System, 61485-61486 03-27087 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Protection from Pornography Week (Proc. 7725), 61601-61604 03-27338 United Nations Day (Proc. 7726), 61605 03-27339 Public Public Debt Bureau See Fiscal Service Reclamation Reclamation Bureau NOTICES Contract negotiations:

Tabulations of water service and repayment; quarterly status report, 61462-61465 03-27108 Environmental statements; availability, etc.: Freeport Regional Water Project, Sacramento, CA, 61465 03-27154 Research Research and Special Programs Administration NOTICES Meetings: International standards on transport of dangerous goods, 61551 03-27130 Rural Rural Business-Cooperative Service RULES Program regulations: Internal loan payment and collections, 61329-61333 03-27046 Rural Rural Housing Service RULES Program regulations:

Internal loan payment and collections, 61329-61333 03-27046 RUS Rural Utilities Service RULES Program regulations: Internal loan payment and collections, 61329-61333 03-27046 SEC Securities and Exchange Commission RULES Investment advisors: Custody of funds or securities of clients Correction, 61555 C3-24813 NOTICES Investment Company Act of 1940: Exemption applications— Merril Lynch Life Insurance Co., et al., 61486-61494 03-27088 Self-regulatory organizations; proposed rule changes:

Boston Stock Exchange, Inc., 61494-61499 03-27097 Chicago Board Options Exchange, Inc., 61499-61500 03-27092 Chicago Stock Exchange, Inc., 61500-61507 03-27135 Government Securities Clearing Corp., 61507-61508 03-27136 National Association of Securities Dealers, Inc., Correction, C3-27137 61508-61532 03-27089 03-27091 03-27093 03-27098 New York Stock Exchange, Inc., 61532-61534 03-27095 Pacific Exchange, Inc., 61535-61545 03-27094 03-27096 Philadelphia Stock Exchange, Inc., 61545-61546 03-27090 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration RULES Standard time zone boundaries:

South Dakota, 61371-61372 03-27056 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 61557-61599 03-26754 Part III Executive Office of the President, Presidential Documents, 61601-61605 03-27338 03-27339 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. 68 208 Tuesday, October 28, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-129-4] Mexican Fruit Fly; Removal 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 removing a portion of San Diego County, CA, from the list of regulated areas and by removing restrictions on the interstate movement of regulated articles from this area. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. We have determined that the Mexican fruit fly has been eradicated from this part of San Diego County, CA, and that the quarantine and restrictions are no longer necessary.

This part of San Diego County, CA, was the only area in California quarantined for the Mexican fruit fly. DATES: This interim rule was effective October 22, 2003. We will consider all comments that we receive on or before December 29, 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. 02-129-4, 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. 02-129-4. 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. 02-129-4” 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 Knight, Senior Staff Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;

(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 into 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 and restricted the interstate movement of regulated articles from that area. In a second interim rule effective on March 4, 2003, and published in the **Federal Register** on March 10, 2003 (68 FR 11311-11313, Docket No. 02-129-3), we amended the regulations by adding an additional portion of San Diego County, CA, to the list of regulated areas. Based on trapping surveys by inspectors of California State and county agencies and by inspectors of the Animal and Plant Health Inspection Service, we have determined that the Mexican fruit fly has been eradicated from the regulated area. The last finding of Mexican fruit fly in the San Diego County, CA, regulated area was May 20, 2003. Since then, no evidence of Mexican fruit fly infestation has been found in this area. Based on our experience, we have determined that sufficient time has passed without finding additional flies or other evidence of infestation to conclude that the Mexican fruit fly no longer exists in San Diego County, CA. Therefore, we are removing the county from the list of regulated areas in § 301.64-3. With the removal of San Diego County, CA, from that list, there are no longer any areas in the State of California quarantined for the Mexican fruit fly. Immediate Action Immediate action is warranted to relieve restrictions that are no longer necessary. A portion of San Diego County, CA, was quarantined due to the possibility that the Mexican fruit fly could spread from those areas to noninfested areas of the United States. Since we have concluded that the Mexican fruit fly no longer exists in that portion of San Diego County, CA, immediate action is warranted to remove the area from the list of regulated areas and to relieve the restrictions on the interstate movement of regulated articles from that area. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this action effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. 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 action amends the Mexican fruit fly regulations by removing a portion of San Diego County, CA, from the list of regulated areas. We expect that the effect of this interim rule will be minimal. Small entities located within the regulated area that sell regulated articles do so primarily for local intrastate, not interstate, movement, so the effect, if any, of this rule on these entities appears likely to be minimal. In addition, the effect on any small entities that may move regulated articles interstate has been minimized during the quarantine period by the availability of various treatments that allow these small entities, in most cases, to move regulated articles interstate with very little additional cost. Thus, just as the interim rules establishing the regulated area in San Diego County, CA, had little effect on the small growers in the area, the lifting of the quarantine in the current interim rule will also have little effect. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Accordingly, we are amending 7 CFR part 301 as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: Authority: 7 U.S.C. 7701-7772; 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). § 301.64-3 [Amended] 2. In § 301.64-3, paragraph

(c)is amended by removing the entry for “California”. Done in Washington, DC, this 22nd day of October, 2003. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-27149 Filed 10-27-03; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code