Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-01-20.xml --- 69 12 Tuesday, January 20, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Oriental Fruit Fly, 2653-2655 04-1067 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: National Cancer Prevention and Control Program, 2717 04-1094 Meetings:

Clinical Laboratory Improvement Advisory Committee, 2717-2718 04-1086 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Texas, 2700 04-1113 Various States, 2700-2701 04-1108 Coast Guard Coast Guard RULES Ports and waterways safety: New York Marine Inspection Zone and Captain of the Port Zone, NY; safety and security zones, 2666-2671 04-1136 PROPOSED RULES Ports and waterways safety: Mississippi Canyon 474, Outer Continental Shelf Gulf of Mexico; safety zone, 2694-2696 04-1141 Outer Continental Shelf Facility, Gulf of Mexico for Garden Banks; safety zone, 2691-2694 04-1137 Commodity Commodity Futures Trading Commission NOTICES Meetings;

Sunshine Act, 2701 04-1186 04-1187 04-1188 04-1189 Defense Defense Department See Uniformed Services University of the Health Sciences Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 2701-2702 04-1119 Grants and cooperative agreements; availability, etc.: Postsecondary education— Developing Hispanic-Serving Institutions Program, 2706-2709 04-1140 Strengthening Institutions Program et al., 2702-2706 04-1139 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

South Dakota, 2671-2674 04-1035 Hazardous waste program authorizations: Pennsylvania, 2674-2677 04-1042 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: South Dakota, 2696 04-1036 Hazardous waste program authorizations: Pennsylvania, 2696-2697 04-1043 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Connecticut et al., 2711-2712 04-1109 Reports and guidance documents; availability, etc.:

Chloroform; ambient water quality criteria, 2712-2715 04-1107 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: McDonnell Douglas, 2655-2661 04-761 04-762 04-763 04-764 Rolls-Royce plc, 2661-2663 04-759 Class E airspace; correction, 2816 C4-484 C4-486 FCC Federal Communications Commission RULES Radio frequency devices: Unlicensed devices operating in— 5 GHz band, 2677-2688 04-1126 Television broadcasting:

Digital television— Digital broadcast television redistribution control; digital broadcast content protection, 2688 04-1190 PROPOSED RULES Common carrier services: Telecommunications Act of 1996; implementation— Pay telephone reclassification and compensation provisions, 2697-2698 04-1125 NOTICES *Applications, hearings, determinations, etc.:* Winston-Salem/Forsyth County School District and IBM, 2715-2716 04-1124 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 2709-2711 E4-78 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

Dallas and Ellis Counties, TX, 2809-2810 04-1131 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 2716 04-1085 Formations, acquisitions, and mergers, 2716 04-1084 Fish Fish and Wildlife Service NOTICES Endangered and threatened species: Recovery plans— Behren's silverspot butterfly, 2725-2726 04-1121 Environmental statements; availability, etc.: Survival enhancement permits— Dallas Oak Savanna and Polk Counties, OR; Fender's blue butterfly and Kincaid's lupine, 2726-2727 04-1095 Forest Forest Service NOTICES Environmental statements; notice of intent:

Bitteroot, Flathead and Lolo National Forest, MT and ID, 2699 04-1088 Legal notice; appealable decisions: Northern Region, 2700 04-1090 Meetings: Resource Advisory Committees— Tuolumne County, 2700 04-1087 Health Health and Human Services Department See Centers for Disease Control and Prevention See Indian Health Service See Substance Abuse and Mental Health Services Administration NOTICES Meetings: Vital and Health Statistics National Committee, 2716-2717 04-1142 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 2719-2723 04-1099 04-1100 04-1101 04-1103 Grants and cooperative agreements; availability, etc.:

Rural Housing and Economic Development Program, 2723-2725 04-1098 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 2727-2728 04-1111 Environmental statements; availability, etc.: Amador County, CA, 2728 04-1110 Indian Indian Health Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 2727-2728 04-1111 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 2812-2814 04-1143 04-1144 04-1145 04-1146 International International Trade Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 2731-2732 04-1128 Import investigations:

Automotive measuring devices, products containing same, and bezels; amendment, 2732 04-1130 Land Land Management Bureau NOTICES Meetings: National Historic Oregon Trail Interpretive Center Advisory Board, 2729 04-1091 Wild Horse and Burro Advisory Board, 2729-2730 04-1147 Oil and gas leases: Colorado, 2730 04-1071 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: exemption petitions, etc.: General Motors North America, Inc., 2810 04-1132 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 2732-2733 04-1065 Meetings;

Sunshine Act, 2733 04-1244 Nuclear Nuclear Regulatory Commission NOTICES Operating licenses, amendments; no significant hazards considerations; biweekly notices, 2735-2752 04-1104 *Applications, hearings, determinations, etc.:* Southern Nuclear Operating Company, Inc. Correction, 2733-2734 04-1106 Wisconsin Public Service Corp. and Wisconsin Power and Light Co., 2734-2735 04-1105 Presidnetial Presidential Documents PROCLAMATIONS *Special observances:* Martin Luther King, Jr., Federal Holiday (Proc. 7751), 2817-2819 04-1320 National Sanctity of Human Life Day (Proc. 7752), 2821 04-1321 EXECUTIVE ORDERS Sierra Leone and Liberia; termination of emergency (EO 13324), 2823-2824 04-1322 Public Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 2814-2815 04-1092 Reclamation Reclamation Bureau NOTICES Environmental statements; notice of intent:

Carlsbad Irrigation District, NM; long-term miscellaneous contract, 2730-2731 04-1097 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 2752-2754 04-1072 04-1073 04-1074 04-1075 04-1076 04-1077 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 2754-2761 04-1082 04-1118 Boston Stock Exchange, Inc., 2761-2798 04-1114 04-1115 04-1116 04-1117 International Securities Exchange, Inc., 2798-2800 04-1080 National Association of Securities Dealers, Inc., 2801-2806 04-1079 04-1083 National Futures Association, 2806-2808 04-1078 Philadelphia Stock Exchange, Inc., 2808-2809 04-1081 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 2718-2719 04-1089 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions:

North Dakota, 2663-2666 04-1064 PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Ohio, 2689-2691 04-1059 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co. and Union Pacific Railroad Co., 2810-2811 04-1112 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Public Debt Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 2811-2812 04-1093 04-1134 04-1135 Uniformed Uniformed Services University of the Health Sciences NOTICES Meetings;

Sunshine Act, 2701 04-1260 Separate Parts In This Issue Part II Executive Office of the President, Presidential Documents, 2817-2819, 2821-2824 04-1320 04-1321 04-1321 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 12 Tuesday, January 20, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-096-2] Oriental Fruit Fly;

Designation of Quarantined Area AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Oriental fruit fly regulations by quarantining a portion of Los Angeles and San Bernardino Counties, CA, and restricting the interstate movement of regulated articles from that area. This action is necessary on an emergency basis to prevent the spread of the Oriental fruit fly into noninfested areas of the United States.

DATES: This interim rule was effective January 13, 2004. We will consider all comments that we receive on or before March 22, 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. 02-096-2, 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. 02-096-2.

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. 02-096-2” 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 A. Knight, Senior Staff Officer, PPQ, APHIS, 4700 River Road, Unit 134, Riverdale, MD 20737-1236;

(301)734-8247. SUPPLEMENTARY INFORMATION: Background The Oriental fruit fly, *Bactrocera dorsalis* (Hendel), is a destructive pest of citrus and other types of fruit, nuts, vegetables, and berries. The short life cycle of the Oriental fruit fly allows rapid development of serious outbreaks, which can cause severe economic losses. Heavy infestations can cause complete loss of crops. The Oriental fruit fly regulations, contained in 7 CFR 301.93 through 301.93-10 (referred to below as the regulations), were established to prevent the spread of the Oriental fruit fly into noninfested areas of the United States. Section 301.93-3(a) provides that the Administrator will list as a quarantined area each State, or each portion of a State, in which the Oriental fruit fly has been found by an inspector, in which the Administrator has reason to believe that the Oriental fruit fly is present, or that the Administrator considers necessary to regulate because of its proximity to the Oriental fruit fly or its inseparability for quarantine purposes from localities in which the Oriental fruit fly has been found. The regulations impose restrictions on the interstate movement of regulated articles from the quarantined areas. Quarantined areas are listed in § 301.93-3(c). Less than an entire State will be designated as a quarantined area only if the Administrator determines that:

(1)The State has adopted and is enforcing restrictions on the interstate movement of the regulated articles that are substantially the same as those imposed on the interstate movement of regulated articles and

(2)the designation of less than the entire State as a quarantined area will prevent the interstate spread of the Oriental fruit fly. Recent trapping surveys by inspectors of California State and county agencies and by inspectors of the Animal and Plant Health Inspection Service reveal that a portion of Los Angeles and San Bernardino Counties, CA, is infested with the Oriental fruit fly. State agencies in California have begun an intensive Oriental fruit fly eradication program in the quarantined area in Los Angeles and San Bernardino Counties. Also, California has taken action to restrict the intrastate movement of regulated articles from the quarantined area. Accordingly, to prevent the spread of the Oriental fruit fly to noninfested areas of the United States, we are amending the regulations in § 301.93-3 by designating a portion of Los Angeles and San Bernardino Counties, CA, as a quarantined area for the Oriental fruit fly. The quarantined area is described in the rule portion of this document. Prior Designation of Quarantined Area In an interim rule effective on October 2, 2002, and published in the **Federal Register** on October 8, 2002 (67 FR 62627-62628, Docket No. 02-096-1), we amended the regulations by designating a portion of Los Angeles and San Bernardino Counties, CA, as a quarantined area. Based on trapping surveys by inspectors of California State and county agencies, the State of California lifted its interior quarantine on December 12, 2002, based on the determination that Oriental fruit fly had been eradicated from the quarantined area. In these types of situations, we normally follow the State's action by lifting the corresponding Federal quarantine on the particular area; however, in this case that did not occur. Therefore, in this interim rule, we are removing the quarantined area established in our October 2002 interim rule. The description of the new quarantined area discussed previously replaces the description of the October 2002 quarantined area in § 301.93-3(c). Emergency Action This rulemaking is necessary on an emergency basis to prevent the Oriental fruit fly 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 rule amends the Oriental fruit fly regulations by adding a portion of Los Angeles and San Bernardino Counties, CA, to the list of quarantined areas. The regulations restrict the interstate movement of regulated articles from a quarantined area. County records indicate there are approximately 29 acres of fruits and vegetables, 6 farmers markets, 1 food bank, 2 fruit haulers, 15 growers, 83 markets and produce vendors, 4 packers, 60 nurseries, and 26 swap meets within the quarantined area that may be affected by this rule. We expect that any small entities located within the quarantined area that sell regulated articles do so primarily for local intrastate, not interstate, movement, so the effect, if any, of this rule on those entities appears to be minimal. The effect on any small entities that may move regulated articles interstate will be minimized by the availability of various treatments that, in most cases, will allow these small entities to move regulated articles interstate with very little additional cost. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. ( *See* 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

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

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this interim rule. The site-specific environmental assessment provides a basis for the conclusion that the implementation of integrated pest management to eradicate the Oriental fruit fly will not have a significant impact on human health and the natural environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with:

(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),

(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),

(3)USDA regulations implementing NEPA (7 CFR part 1b), and

(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). Copies of the environmental assessment and finding of no significant impact are available for public inspection in our reading room (information on the location and hours of the reading room is provided under the heading ADDRESSES at the beginning of this document). In addition, copies may be obtained from the individual listed under FOR FURTHER INFORMATION CONTACT. 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. In § 301.93-3, paragraph

(c)is revised to read as follows: § 301.93-3 Quarantined areas.

(c)The areas described below are designated as quarantined areas: CALIFORNIA *Los Angeles and San Bernardino Counties.* That portion of Los Angeles and San Bernardino Counties in the Ontario area bounded by a line as follows: Beginning at the intersection of the San Antonio Channel and the State Route 210 Freeway; then east on State Route 210 Freeway to Etiwanda Avenue; then south on Etiwanda Avenue to South Etiwanda Avenue; then south on South Etiwanda Avenue to Philadelphia Street; then west on Philadelphia Street to South Milliken Avenue; then south on South Milliken Avenue to Hamner Avenue; then south on Hamner Avenue to Edison Avenue; then west on Edison Avenue to Archibald Avenue; then south on Archibald Avenue to the San Bernardino County line; then southwest, south, and west along the San Bernardino County line to the Chino Valley Freeway; then northwest on the Chino Valley Freeway to Pine Avenue; then west on Pine Avenue to Butterfield Ranch Road; then northwest on Butterfield Ranch Road to Soquel Canyon Parkway; then southwest and west on Soquel Canyon Parkway to Pipeline Avenue; then north on Pipeline Avenue to Woodview Road; then southwest on Woodview Road to Peyton Drive; then north on Peyton Drive to Chino Hills Parkway; then southwest, northwest, and north on Chino Hills Parkway to Rio Rancho Road; then southeast, northeast, and east on Rio Rancho Road to East Philadelphia Street; then east on East Philadelphia Street to Towne Avenue; then north on Towne Avenue to Interstate 10; then northeast and east on Interstate 10 to the San Antonio Channel; then northeast along the San Antonio Channel to the point of beginning. Done in Washington, DC, this 13th day of January 2004 . Bobby R. Acord, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-1067 Filed 1-16-04; 8:45 am]

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