Unknown. Direct final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2003-12-18.xml --- 68 243 Thursday, December 18, 2003 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Air Force Air Force Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 70496 03-31169 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, foreign: Ports of entry— Atlanta, GA and Agana, GU; designated as plant inspection stations, 70421-70423 03-31203 PROPOSED RULES Plant-related quarantine, foreign:

Fruits and vegetables importation; conditions governing entry, 70448-70463 03-31202 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 70510-70511 03-31187 Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Topical microbicides use to reduce sexual transmission of HIV infection; evaluation, 70511-70512 03-31186 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings;

Sunshine Act, 70487-70488 03-31330 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Belarus, 70494 E3-00585 Commodity Commodity Futures Trading Commission NOTICES Derivatives clearing organizations; designation, registration, etc.: Intermarket Clearing Corp., 70494-70496 03-31220 Customs Customs and Border Protection Bureau NOTICES Custom broker and national permits; user fees, 70520 03-31237 Defense Defense Department See Air Force Department Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Davenport, Larry E., M.D., 70534-70538 03-31218 OTC Distribution Co., 70538-70544 03-31219 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 70496-70497 03-31222 Grantback arrangements; award of funds:

Massachusetts Department of Education, 70497-70500 03-31010 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Connecticut, 70437-70444 03-31234 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Connecticut, 70484 03-31233 NOTICES Grants and cooperative agreement availability: Water Quality Allocation Program, 70502-70504 03-31236 Equal Equal Employment and Opportunity Commission RULES Age Discrimination in Employment Act:

Processing of age discrimination charges [ **Editorial Note:** The page number for this document, published at 68 FR 70150 in the **Federal Register** of December 17, 2003, was inadvertently omitted in that issue's table of contents.] FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 70429-70432 03-31059 03-31060 Boeing, 70432-70434 03-31061 Bombardier, 70428-70429, 70434-70435 03-31058 03-31062 PROPOSED RULES Airworthiness directives: Airbus, 70464-70468, 70473-70475, 70479-70482 03-31194 Boeing, 70477-70479 03-31180 Bombardier, 70469-70473 03-31183 Empresa Brasileira de Aeronautica S.A.

(EMBRAER), 70475-70477 03-31181 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 70504-70505 03-31155 Common carrier services: Wireless telecommunications services— 460-470 MHz band; high power applications for 12.5 kHz offset channels; filing freeze extended, 70505 03-31217 FDIC Federal Deposit Insurance Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 70505-70506 E3-00555 Federal Election Federal Election Commission RULES Federal Election Campaign Act and Freedom of Information Act:

Enforcement and related files; public disclosure; policy statement, 70426-70428 03-31241 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Madison Gas & Electric Co. et al., 70500-70501 E3-00589 Meetings: Northern Natural Gas Co.; settlement conference, 70501 E3-00590 Practice and procedure: Off-the-record communications, 70501-70502 E3-00591 *Applications, hearings, determinations, etc.:* Public Utility District No.2 of Grant County, WA; correction, 70502 E3-00592 Federal Railroad Federal Railroad Administration RULES Railroad safety:

Locomotive horns use at highway-rail grade crossings; requirement for sounding, 70585-70687 03-30606 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 70506 E3-00587 Formations, acquisitions, and mergers, 70506 E3-00586 Federal Open Market Committee: Domestic policy directives, 70506-70507 E3-00588 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.: Tallahatchie, Dahomey, and Coldwater River National Wildlife Refuges, MS, 70520-70521 03-31165 Endangered and threatened species:

Findings on petitions, etc.— Preble's meadow jumping mouse, 70523-70526 03-31255 Recovery plans— Hawaiian crow, 70527-70528 03-31166 Otay tarplant, 70526-70527 03-31164 Sphinx moth, 70528-70529 03-31189 Endangered and threatened species and marine mammal permit applications, 70521-70522 03-31212 Endangered and threatened species permit applications, 70522-70523 03-31184 03-31185 Meetings: Aquatic Nuisance Species Task Force, 70529-70530 03-31211 Food Food and Drug Administration RULES Medical devices:

Neurological devices— Human dura matter; classification, 70435-70436 03-31174 NOTICES Meetings: Advisory Committee Information Hotline, 70512-70513 03-31157 Reports and guidance documents; availability, etc.: Medical devices— Human dura matter; Class II special controls, 70513-70514 03-31175 Forest Forest Service NOTICES Environmental statements; notice of intent: Payette National Forest and Boise National Forest, ID, 70486-70487 03-31190 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Substance Abuse and Mental Health Services Administration RULES Federal claims collection:

Tax refund offset, 70444-70447 03-31043 NOTICES Organization, functions, and authority delegations: Office of Commissioned Corps Force Management and Office of the Surgeon General, 70507-70510 03-31242 Homeland Homeland Security Department See Customs and Border Protection Bureau Interior Interior Department See Fish and Wildlife Service See Land Management Bureau NOTICES Grants and cooperative agreements; availability, etc.: Tribal Self-Governance Program, 70520 03-31161 IRS Internal Revenue Service RULES Income taxes:

Partnership income; return Correction, 70584 C3-28190 PROPOSED RULES Income taxes: Contested liabilities; transfers to provide for satisfaction, cross references; public hearing; correction, 70482 03-31163 NOTICES Meetings: Taxpayer Advocacy Panels, 70583 03-31240 International International Trade Administration NOTICES Antidumping: Tapered roller bearings and parts, finished and unfinished, from— China, 70488-70490 03-31223 Export trade certificates of review, 70490-70492 03-31323 Tariff rate quotas:

Worsted wool fabrics, 70492-70493 E3-00584 International International Trade Commission NOTICES Import investigations: Cold-rolled steel from— Various countries, 70532-70533 03-31272 Justice Justice Department See Drug Enforcement Administration NOTICES Pollution control; consent judgments: Guam, 70533 03-31152 Island Chemical Co., et al., 70533 03-31154 Lowe, Ralph L., et al., 70534 03-31153 New York City Transit Authority, 70534 03-31151 Labor Labor Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 70544-70545 03-31199 Grants and cooperative agreements; availability, etc.:

Child Labor Education Initiative, 70545 03-31200 Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 70530-70532 03-31214 03-31216 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pribilof Islands blue king crab, 70484-70485 03-31226 NOTICES Marine mammal permit applications, 70493 03-31227 Permits: Marine mammals, 70493-70494 03-31228 Nuclear Nuclear Regulatory Commission RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements:

Approved spent fuel storage casks; list, 70423-70426 03-31207 PROPOSED RULES Spent nuclear fuel and high-level radioactive waste; independent storage; licensing requirements: Approved spent fuel storage casks; list, 70463-70464 03-31208 NOTICES Environmental statements; availability, etc.: Carolina Power & Light Co., 70545-70546 03-31209 Meetings: Non-LWR containment functional performance options; workshop, 70546-70547 03-31210 Patent Patent and Trademark Office PROPOSED RULES Trademark cases:

Registrations; amendment and correction requirements, 70482-70484 03-31094 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Citicorp North America, Inc., 70547-70549 03-31170 Self-regulatory organizations; proposed rule changes: Boston Stock Exchange, Inc., 70550-70551 03-31168 Chicago Board Options Exchange, Inc., 70551-70552 03-31167 National Securities Clearing Corp., 70553-70554 03-31213 State State Department NOTICES Antarctic fishing; conservation measures adoption by Commission for Conservation of Antarctic Marine Living Resources, 70554-70577 03-31229 Grants and cooperative agreements; availability, etc.:

Benjamin A. Gilman International Scholarship Program, 70577-70580 03-31230 Meetings: Overseas Building Operations Industry Advisory Panel, 70580 03-31231 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.: Mental Health Services Center— Statewide Consumer Networks Program, 70517-70520 03-31159 Statewide Family Networks Program, 70514-70517 03-31158 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 70580-70583 03-31204 03-31206 Veterans Veterans Affairs Department NOTICES Meetings:

Rehabilitation Research and Development Service Scientific Merit Review Board, 70583 03-31178 Separate Parts In This Issue Part II Transportation Department, Federal Railroad Administration, 70585-70687 03-30606 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. 68 243 Thursday, December 18, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. 03-067-1] Ports of Entry for Certain Plants and Plant Products AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Direct final rule. SUMMARY: We are amending the regulations governing the importation of nursery stock and other articles by designating the ports of Atlanta, Georgia, and Agana, Guam, as plant inspection stations. The addition of the two plant inspection stations will help reduce transportation time and costs to importers who must currently import plants through inspection stations that are considerably distant from the importers' facilities.

DATES: This rule will be effective on February 17, 2004, unless we receive written adverse comments or written notice of intent to submit adverse comments on or before January 20, 2004. If we receive written adverse comments or written notice of intent to submit adverse comments, we will publish a document in the **Federal Register** withdrawing this rule before the effective date. ADDRESSES: You may submit comments or notice of intent to submit adverse comments by postal mail/commercial delivery or by e-mail.

If you use postal mail/commercial delivery, please send four copies (an original and three copies) to: Docket No. 03-067-1, 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. 03-067-1. 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. 03-067-1” 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. James A. Petit de Mange, Senior Staff Officer, Quarantine Policy, Analysis and Support, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1232;

(301)734-8295. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR part 319 prohibit or restrict the importation of certain plants and plant products into the United States to prevent the introduction of plant pests. The regulations contained in “Subpart—Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products,” §§ 319.37 through 319.37-14 (referred to below as the regulations), restrict, among other things, the importation of living plants, plant parts, and seeds for propagation. In § 319.37-14 of the regulations, paragraph

(b)contains a list of approved ports of entry through which restricted articles may be imported into the United States. Restricted articles that do not require a permit may be imported through any of the approved ports of entry; restricted articles that do require a permit, because of their greater plant pest and disease risk, may be imported only through ports equipped with special inspection and treatment facilities. These ports, known as plant inspection stations, are indicated on the list by an asterisk. Currently, 14 plant inspection stations operate at or near many major U.S. ports and airports. These facilities are designed for inspection and, in some cases, treatment of imported plants and seeds. Plant Protection and Quarantine

(PPQ)staffs plant inspection stations with officers who specialize in, among other things, entomology, plant pathology, and botany. At plant inspection stations, PPQ officers inspect imported plants and seeds to ensure that they are free from plant pests and diseases that are known not to occur in the United States and that they otherwise comply with U.S. import regulations. When pests or diseases are detected, PPQ may require that the planting material be treated, exported, or destroyed. In order to be designated as a plant inspection station, a building must have adequate space for inspection areas to be set up, laboratory facilities for pest and disease identification, provide easy access by shipments for inspection, and, in most cases, contain various treatment facilities. We have determined that the facilities in Atlanta, GA, and Agana, GU, satisfy the criteria for designation as plant inspection stations. Therefore, in accordance with the procedures explained below under “Dates,” this rule amends the list of ports of entry in § 319.37-14(b) by replacing the current entries for Atlanta, GA, and Agana, GU, on the list and designating those ports as plant inspection stations. Dates We are publishing this rule without a prior proposal because we view this action as noncontroversial and anticipate no adverse public comment. This rule will be effective, as published in this document, on February 17, 2004, unless we receive written adverse comments or written notice of intent to submit adverse comments on or before January 20, 2004. Adverse comments are comments that suggest the rule should not be adopted or that suggest the rule should be changed. If we receive written adverse comments or written notice of intent to submit adverse comments, we will publish a document in the **Federal Register** withdrawing this rule before the effective date. We will then publish a proposed rule for public comment. As discussed above, if we receive no written adverse comments or written notice of intent to submit adverse comments within 30 days of publication of this direct final rule, this direct final rule will become effective 60 days following its publication. We will publish a document in the **Federal Register** , before the effective date of this direct final rule, confirming that it is effective on the date indicated in this document. 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 proposed rule would add Atlanta, GA, and Agana, GU, as ports of entry through which individuals and companies would be able to import nursery stock. This action would save business costs to concerned individuals and companies, making the routing of nursery stock materials to other authorized entry ports unnecessary. We are amending the regulations governing the importation of nursery stock and other articles by designating the ports of Atlanta, Georgia, and Agana, Guam, as plant inspection stations. The addition of the two plant inspection stations will help reduce transportation time and costs to importers who must currently import plants through inspection stations that are considerably distant from the importers' facilities. The United States imported about 700 million plant units in 2002, about 4.6 percent over the previous year and 21 percent above 2000 level. 1 Nursery stock imports were valued at $591 million in 2002, an increase of about 135 percent over a decade ago. The major sources are Canada (50.4 percent), Netherlands (25.5 percent), Costa Rica (3.9 percent), Mexico (2.7 percent), and Taiwan (2.2 percent). Nursery stock exports were valued at $250 million in 2002, about 13 percent over 1992 total. 2 1 USDA/APHIS/PPQ, WADS Database, June 2003. 2 USDA/ERS, *Foreign Agricultural Trade of the United States,* June 30, 2003. Planting seeds are imported from many countries, with a few countries accounting for the major proportion of U.S. total planting seed imports. The leading suppliers are Chile ($105.8 million), Canada ($105 million), the Netherlands ($36.5 million), Argentina ($21.2 million), China ($17.9 million), Japan ($14 million), Finland ($11.1 million), Australia ($8.3 million), Denmark ($7.5 million), and India ($7.1 million) in 2001. 3 These 10 countries accounted for $334.4 million, or about 84 percent, of total U.S. planting seed imports. 3 USDA/FAS, FAS Online: U.S. Planting Seed Trade Archives *(http://www.fas.usda.gov/seed_arc.html)* Nursery Stock Industry The availability of good quality nursery stock and seeds contributes to domestic production of food grains, field crops, cotton, oil crops, vegetables, herbs, flowers, trees, and shrubs. Presently, imported nursery stock and seeds can enter the United States with a phytosanitary certificate through 14 approved plant inspection stations. Atlanta, GA, and Agana, GU, though not listed as approved Federal plant inspection stations, currently serve as ports of entry for other restricted articles that do not require a permit. The new facilities in Georgia and Guam have the capacity and resources to handle the importation of nursery stock and seeds, which will allow them to be listed as plant inspection stations. This action may result in reduced costs for importers by making the routing of nursery stock materials through another plant inspection station unnecessary when the materials are destined for the regions of Atlanta, GA, or Agana, GU. Importers and distributers both in Atlanta, GA, and Agana, GU, should benefit from transportation cost savings and reduced plant injury that can result during transport. The Agana International Airport serves Guam and surrounding islands, which are growing tourist centers. Currently, most of the nursery stock imported into Guam is routed through Hawaii. Very little is imported from Asian sources because of the time and cost involved in shipping to Federal plant inspection stations in Hawaii and then to Guam. Additionally, plant mortality is high due to the additional time involved routing through Honolulu, HI, which is a major factor apart from the shipping cost. The direct air cargo cost from Narita, Japan, to Honolulu, HI, is $11.96 per kilogram and from Hawaii to Guam is $6.65 per kilogram for a total routing cost from Narita to Guam of $18.61 per kilogram. The direct air cargo cost from Narita to Guam is $7.04 per kilogram. Thus, as Agana becomes an approved Federal plant inspection station, importers will benefit from direct importation of nursery stock materials from Japan, Taiwan, China, the Philippines, and other Asian countries through reduced transportation costs. Presently there are 20 establishments engaged in nursery stock trade in Guam. The number of establishments that import nursery stock may increase because of the reduced transportation costs, reduced time, and lower probability of damaged plants. The Hartsfield Atlanta International Airport is becoming a major air cargo hub. It is an entry port for other restricted articles that do not require a permit and is much closer to most nursery stock importers from the surrounding areas and States (northern Alabama, North Carolina, South Carolina, southern Virginia, Kentucky, and Tennessee) than any of the other closest Federal plant inspection stations in Miami, FL, New Orleans, LA, and Orlando, FL. There are about 470 retail nursery companies in Georgia alone, of which 141 are in metropolitan areas. Nursery retailers from the surrounding areas that import products would benefit from reduced routing costs and reduced mortality of plants that usually occurs from multiple box openings for inspection and from the longer time elapsed between the place of origin and the final destination. Impact on Small Entities The Regulatory Flexibility Act requires that agencies consider the economic impact of their rules on small entities. The Small Business Administration

(SBA)has established the size standards for determining which economic entities meet the definition of a small firm. A retail nursery or lawn and garden store (NAICS code 444220) 4 is defined as a small business if it employs 100 or fewer workers. Resort hotels, golf courses, and local governments that use nursery stock for parks and landscaping could be affected. Additionally, specialized groups such as horticultural societies, arboreta, and individual plant hobbyists who import and exchange nursery stock and small lots of seed could also be affected. 4 U.S. Census Bureau, 1997 Economic Census, Wholesale Trade-Subject Series, August 2000. Nationally, there are 6,845 establishments that are engaged in selling trees, shrubs, other plants, seeds, bulbs, mulch, and related products (NAICS 444220). About 470 of these are in Georgia, including the Atlanta metropolitan area. There are 20 companies currently engaged in nursery stock trade in Guam. Over 99 percent are small entities. However, specialized groups such as horticultural societies, arboreta, several resort hotels, golf courses, and local governments that use imported plants for landscaping projects, and individual hobbyists who collect, grow, exhibit, preserve, exchange, and donate special nursery stocks and seeds could also be affected. The exact present size and number of these entities are difficult to determine. Since Atlanta, GA, and Agana, GU, already serve as ports of entry for other restricted articles and have the capacity and resources to handle the importation of nursery stock and seeds, no effect on Federal Government processing of permits and inspection of imported materials is expected. Also, no effects on other Federal agencies and State and local governments are expected. Since imports of these materials are a small fraction of the total domestic supply of nursery stock and seeds, no substantial change in supply and price is expected. 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 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 319 Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, 7 CFR part 319 is amended as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. 2. In § 319.37-14, paragraph (b), the list of ports of entry is amended by revising the entries for Atlanta, Georgia, and Agana, Guam, to read as follows: § 319.37-14 Ports of entry.

(b)* * * List of Ports of Entry Georgia Atlanta Hartsfield Atlanta International Airport, Atlanta, GA 30320. * * * Guam Agana Guam International Airport, Tamuning, GU 96931. Done in Washington, DC, this 11th day of December, 2003. Bobby R. Acord, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-31203 Filed 12-17-03; 8:45 am]

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