Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-01-05.xml --- 69 2 Monday, January 5, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Farm Service Agency See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Golden nematode, 247-249 04-79 Karnal bunt, 245-247 04-78 Pine shoot beetle, 243-245 04-80 NOTICES Environmental statements; availability, etc.:

Nonregulated status determinations— Monsanto Co., et al: genetically engineered creeping bentgrass, 315-317 04-62 Antitrust Antitrust Division NOTICES National cooperative research notifications: Portland Cement Association, 374 04-38 Army Army Department See Engineers Corps NOTICES Privacy Act: Systems of records, 327-329 04-21 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 363-364 04-40 04-41 Meetings:

Childhood Lead Poisoning Prevention Advisory Committee, 364-365 04-42 Radiation and Worker Health Advisory Board, 365 03-32247 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 317 03-32339 Coast Guard Coast Guard RULES Drawbridge operations: Illinois, 267-268 04-53 Ports and waterways safety: Port Hueneme Harbor, CA; security zone, 268-271 04-30 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 317-318 04-92 04-94 Commodity Commodity Credit Corporation RULES Loan and purchase programs:

Acreage reporting and common provisions; correction, 249-250 03-32324 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 390-391 04-68 Defense Defense Department See Army Department See Defense Logistics Agency See Engineers Corps See Navy Department NOTICES Meetings: Electronic Devices Advisory Group, 327 04-27 Defense Defense Logistics Agency NOTICES Privacy Act: Systems of records, 329-330 04-25 Drug Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 375 04-37 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions:

United States Steel Corp., 375-383 04-52 Engineers Engineers Corps RULES Danger zones and restricted areas: Hood Canal, Bangor, WA; Naval Submarine Base Bangor, 271-272 04-88 NOTICES Environmental statements; notice of intent: Maryland and Virginia tidal waters; oyster species introduction, 330-332 04-73 Yucaipa, San Bernardino County, CA; Wilson Creek/Oak Glen Creek Feasibility Study; correction, 332 04-72 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Lime manufacturing plants, 393-433 03-23057 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Kentucky and Indiana, 302-307 04-11 NOTICES Agency information collection activities; proposals, submissions, and approvals, 336-339 04-12 04-85 Air pollution control: State and local assistance— Puerto Rico Environmental Quality Board; fiscal year 2002 Clean Air Act section 105 grant; intent to revoke, 339 04-84 Air programs: State implementation plans; adequacy status for transportation conformity purposes— Colorado, 339-340 04-83 Reports and guidance documents; availability, etc.:

Clean Water Act— Nonylphenol; aquatic life criteria document; scientific views request, 340-342 04-81 Tributylin; final aquatic life criteria, 342-343 04-82 Superfund; response and remedial actions, proposed settlements, etc.: Grant Warehouse Time-Critical Removal Site, OR, 343-344 04-13 Water pollution control: National Pollutant Discharge Elimination System— Massachusetts and New Hampshire; hydroelectric generating facilities discharges; general permits, 344 04-14 Farm Farm Service Agency RULES Loan and purchase programs:

Acreage reporting and common provisions; correction, 249-250 03-32324 FAA Federal Aviation Administration PROPOSED RULES Air carrier certification and operations: Multi-engine airplanes; extended operations; correction, 282 04-71 Airworthiness directives: Airbus, 291-293 04-51 BAE Systems (Operations) Ltd., 289-291 04-50 Dornier, 287-289 04-49 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 282-287 04-47 04-48 Saab, 293-295 04-31 FCC Federal Communications Commission NOTICES Meetings:

Diversity for Communications in Digital Age Advisory Committee, 345 04-39 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system: Community support review; members selected for review; list, 345-361 04-18 FMC Federal Maritime Commission NOTICES Meetings; Sunshine Act, 361-362 03-32340 Federal Railroad Federal Railroad Administration NOTICES Privacy Act: Systems of records, 388 04-70 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 362 04-104 Formations, acquisitions, and mergers, 362-363 04-57 04-103 Federal Transit Federal Transit Administration NOTICES Transit operations; prohibited drug use and alcohol misuse prevention: Transit operators; random drug and alcohol testing rates, 389 04-95 Financial Financial Management Service See Fiscal Service Fiscal Fiscal Service NOTICES Surety companies acceptable on Federal bonds: United Fire & Indemnity Co., 391 04-102 Food Food and Drug Administration RULES Biological products:

Bacteria vaccines and toxoids; efficacy review and implementation, 255-267 03-32255 NOTICES Human drugs: Pediatric studies; use of intravenous morphine sulfate, 366 04-17 Memorandums of understanding: United Kingdom Central Science Laboratory, Department of Environment, Food, and Rural Affairs and FDA; analytical methods in support of food safety, 366-371 04-15 Reports and guidance documents; availability, etc.: Radioimmunoassay analysis of hair to detect presence of drugs; compliance policy guide; revoked, 371-372 04-16 Food Food Safety and Inspection Service RULES Organization, functions, and authority delegations:

Organizational and technical changes, 250-255 04-175 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— North Central Idaho, 317 04-19 Wrangell-Petersburg, 317 04-66 GSA General Services Administration NOTICES Federal travel: Federal travel regulation; electronic edition, 363 04-63 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Public Health Service RULES Grants and cooperative agreements; availability, etc.:

National Institutes of Health; research grant applications and research and development contract projects; scientific peer review, 272-278 03-32109 Homeland Homeland Security Department See Coast Guard RULES United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT); Biometric Requirements; implementation, 467-481 03-32331 NOTICES Nonimmigrant classes: Aliens— U.S. Visitor and Immigrant Status Indicator Technology Program (US-VISIT): requirements, 481-484 03-32333 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting:

Kashani, Mahmoud Haghsheno, 318-319 04-101 Interior Interior Department See Land Management Bureau IRS Internal Revenue Service RULES Income taxes: Expenditures; deduction and capitalization; guidance, 435-465 03-31823 International International Trade Administration NOTICES Antidumping: Pasta from— Italy, 319-323 04-77 Stainless steel wire rods from— India; correction, 392 C3-31354 Justice Justice Department See Antitrust Division See Drug Enforcement Administration Labor Labor Department See Employee Benefits Security Administration Land Land Management Bureau NOTICES Withdrawal and reservation of lands:

Nevada, 373-374 04-96 04-97 NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: JFC Technologies, 383-384 04-69 National Archives National Archives and Records Administration PROPOSED RULES Public availability and use: Federal records and donated historical materials containing restricted information; access restrictions, 295-301 04-174 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Glazing materials— Low-speed vehicles, etc., 279-281 04-29 PROPOSED RULES Motor vehicle safety standards: Small business entities; economic impacts, 307-309 04-28 National Institute National Institute of Standards and Technology NOTICES Meetings: Fire test measurement needs, 323-324 04-36 Weights and Measures National Conference, 324 04-10 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 372 04-99 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico reef fish resources, 310-314 04-89 South Atlantic Fishery Management Council; meetings, 309-310 04-90 NOTICES Agency information collection activities; proposals, submissions, and approvals, 324-325 04-93 Meetings: Mid-Atlantic Fishery Management Council, 325-326 E4-196 New England Fishery Management Council, 326 E4-197 Permits: Marine mammals, 326-327 04-91 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 332 04-74 Privacy Act:

Systems of records, 333-336 04-26 Nuclear Nuclear Regulatory Commission NOTICES Certificates of compliance: United States Enrichment Corp.— Paducah Gaseous Diffusion Plant, KY, et al., 384-385 04-55 Reports and guidance documents; availability, etc.: Enforcement actions; general statement of policy and procedure, 385-386 04-54 Public Public Debt Bureau See Fiscal Service Public Public Health Service NOTICES Meetings: National Toxicology Program— Scientific Counselors Board; correction, 373 04-100 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 386 04-75 04-76 SEC Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 386-387 03-32334 Social Social Security Administration PROPOSED RULES Social security benefits: Federal old-age, survivors, and disability insurance and aged, blind, and disabled— Disability benefits terminated due to work activity; reinstatement of entitlement, 307 04-58 NOTICES Attorney fee assessment rate, 387 04-59 State State Department NOTICES Art objects; importation for exhibition: Art Deco 1910-1939, 387 04-65 Meetings: International Telecommunications Advisory Committee, 387 04-64 Surface Surface Transportation Board NOTICES Rail carriers:

Waybill data; release for use, 389 04-61 Railroad services abandonment: Consolidated Rail Corp., 389-390 04-181 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Fiscal Service See Internal Revenue Service Separate Parts In This Issue Part II Environmental Protection Agency, 393-433 03-23057 Part III Treasury Department, Internal Revenue Service, 435-465 03-31823 Part IV Homeland Security Department, 467-484 03-32331 03-32333 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. 69 2 Monday, January 5, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 03-102-1] Pine Shoot Beetle; Additions to Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the pine shoot beetle regulations by adding 37 counties in Illinois, Indiana, Maryland, New York, Ohio, Pennsylvania, Vermont, and Virginia to the list of quarantined areas. This action is necessary to prevent the spread of pine shoot beetle, a pest of pine products, into noninfested areas of the United States. DATES: This interim rule is effective January 5, 2004. We will consider all comments that we receive on or before March 5, 2004.

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. 03-102-1, 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. 03-102-1. 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. 03-102-1” 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. Weyman Fussell, Program Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1231;

(301)734-5705. SUPPLEMENTARY INFORMATION: Background The regulations in 7 CFR 301.50 through 301.50-10 (referred to below as the regulations) restrict the interstate movement of certain regulated articles from quarantined areas in order to prevent the spread of pine shoot beetle

(PSB)into noninfested areas of the United States. PSB is a pest of pine trees that can cause damage in weak and dying trees, where reproduction and immature stages of PSB occur. During “maturation feeding,” young beetles tunnel into the center of pine shoots (usually of the current year's growth), causing stunted and distorted growth in host trees. PSB is also a vector of several diseases of pine trees. Factors that may result in the establishment of PSB populations far from the location of the original host tree include:

(1)Adults can fly at least 1 kilometer, and

(2)infested trees and pine products are often transported long distances. This pest damages urban ornamental trees and can cause economic losses to the timber, Christmas tree, and nursery industries. PSB hosts include all pine species. The beetle has been found in a variety of pine species ( *Pinus* spp.) in the United States. Scotch pine ( *P. sylvestris* ) is the preferred host of PSB. The Animal and Plant Health Inspection Service (APHIS) has determined, based on scientific data from European countries, that fir ( *Abies* spp.,) larch ( *Larix* spp.,) and spruce ( *Picea* spp.) are not hosts of PSB. Surveys conducted by State and Federal inspectors revealed areas within 37 additional counties infested with PSB in 8 States (Illinois, Indiana, Maryland, New York, Ohio, Pennsylvania, Vermont, and Virginia). Copies of the surveys may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT . The regulations in § 301.50-3 provide that the Administrator of APHIS will list as a quarantined area each State, or each portion of a State, in which PSB has been found by an inspector, in which the Administrator has reason to believe PSB is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which PSB has been found. In accordance with these criteria, we are designating Carroll, Clark, Coles, Ford, Henry, Mason, Moultrie, Peoria, and Shelby Counties, IL; Bartholomew, Franklin, Monroe, Morgan, Putnam, and Union Counties, IN; Montgomery County, MD; Albany, Fulton, Greene, Hamilton, Herkimer, Montgomery, Saratoga, Schenectady, Schoharie, and Sullivan Counties, NY; Athens, Gallia, Pike, and Washington Counties, OH; Centre, Fulton, Lycoming, Susquehanna, and Wyoming Counties, PA; Washington County, VT; and Clarke County, VA, as quarantined areas, and we are adding them to the list of quarantined areas in § 301.50-3(c). Entities affected by this interim rule may include nursery stock growers, Christmas tree farms, logging operations, and others who sell, process, or move regulated articles. As a result of this interim rule, any regulated articles to be moved interstate from a quarantined area must first be inspected and/or treated in order to qualify for a certificate or limited permit authorizing the movement. Miscellaneous Change We are removing paragraph

(d)of § 301.50-3 from the regulations. Paragraph

(d)contains a map that shows the quarantined counties listed in § 301.50-3(c). The map does not add any information to the regulations; therefore, we have decided not to recreate it each time the list of quarantined areas is changed. Emergency Action This rulemaking is necessary on an emergency basis to prevent PSB from spreading to noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This emergency situation makes timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a final regulatory flexibility analysis. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

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

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. 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). 2. Section 301.50-3 is amended as follows: a. In paragraph (c), under Illinois, by adding new counties in alphabetical order. b. In paragraph (c), under Indiana, by adding new counties in alphabetical order. c. In paragraph (c), under Maryland, by adding a new county in alphabetical order. d. In paragraph (c), under New York, by adding new counties in alphabetical order. e. In paragraph (c), under Ohio, by adding new counties in alphabetical order. f. In paragraph (c), under Pennsylvania, by adding new counties in alphabetical order. g. In paragraph (c), under Vermont, by adding a new county in alphabetical order. h. In paragraph (c), by adding an entry for Virginia. i. By removing paragraph (d). § 301.50-3 Quarantined areas.

(c)* * * ILLINOIS *Carroll County.* The entire county. *Clark County.* The entire county. *Coles County.* The entire county. *Ford County.* The entire county. *Henry County.* The entire county. *Mason County.* The entire county. *Moultrie County.* The entire county. *Peoria County.* The entire county. *Shelby County.* The entire county. INDIANA *Bartholomew County.* The entire county. *Franklin County.* The entire county. *Monroe County.* The entire county. *Morgan County.* The entire county. *Putnam County.* The entire county. *Union County.* The entire county. MARYLAND *Montgomery County.* The entire county. NEW YORK *Albany County.* The entire county. *Fulton County.* The entire county. *Greene County.* The entire county. *Hamilton County.* The entire county. *Herkimer County.* The entire county. *Montgomery County.* The entire county. *Saratoga County.* The entire county. *Schenectady County.* The entire county. *Schoharie County.* The entire county. *Sullivan County.* The entire county. OHIO *Athens County.* The entire county. *Gallia County.* The entire county. *Pike County.* The entire county. *Washington County.* The entire county. PENNSYLVANIA *Centre County.* The entire county. *Fulton County.* The entire county. *Lycoming County.* The entire county. *Susquehanna County.* The entire county. *Wyoming County.* The entire county. VERMONT *Washington County.* The entire county. VIRGINIA *Clarke County.* The entire county. Done in Washington, DC, this 29th day of December, 2003. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-80 Filed 1-2-04; 8:45 am]

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