Unknown. Final rule
3,040 words·~14 min read·
/register/2004/03/02/04-4600A 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-2004-03-02.xml --- 69 41 Tuesday, March 2, 2004 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Milk marketing orders: Northeast and other marketing areas, 9763-9771 04-4724 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Natural Resources Conservation Service NOTICES Emergency declarations:
Texas; avian influenza; broiler chickens, 9793 04-4587 Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Cattle from Mexico; importation into U.S. prohibited due to tuberculosis, 9749-9750 04-4598 Interstate transportation of animals and animal products (quarantine): Brucellosis in cattle— State and area classifications, 9747-9749 04-4599 Plant-related quarantine, foreign: Unshu oranges from Honshu Island, Japan, 9743-9744 04-4600 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9793-9794 04-4589 Meetings:
Veterinary biological products; manufacture, distribution, and use, 9794-9795 04-4588 Coast Guard Coast Guard NOTICES Reports and guidance documents; availability, etc.: Navigation aids— Local notices to mariners; distribution methods changes, 9837 04-4579 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 9896-9897 04-4601 Defense Defense Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 9812-9813 04-4566 Federal Acquisition Regulation (FAR):
Agency information collection activities; proposals, submissions, and approvals, 9813 04-4590 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Indian education programs— Indian Children Program, 9817-9820 04-4555 Professional Development Program, 9813-9817 04-4554 Employee Employee Benefits Security Administration PROPOSED RULES Employee Retirement Income Security Act: Fiduciary responsibility; automatic rollover safe harbor, 9899-9909 04-4551 NOTICES Employee benefit plans; class exemptions:
Individual retirement plans pursuant to automatic rollover of mandatory distribution; establishment, investment, and maintenance, 9846-9852 04-4552 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Grants and cooperative agreements; availability, etc.: Hydrogen Safety, Codes and Standards Program, 9820 04-4581 National Energy Technology Laboratory— Innovations for Existing Plants Program, 9820-9821 04-4582 Technologies development for assurance of U.S. energy infrastructure, 9821-9822 04-4583 Meetings:
Environmental Management Site-Specific Advisory Board— Oak Ridge Reservation, TN, 9822 04-4584 Paducah Gaseous Diffusion Plant, KY, 9822-9823 04-4585 EPA Environmental Protection Agency RULES Air programs: Stratospheric ozone protection— Significant New Alternatives Policy
(SNAP)Program; CFC-12 substitute petition determination, 9754-9755 04-4627 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Texas, 9776-9780 04-4625 Water supply: National primary drinking water regulations— Long Term Enhanced Surface Water Treatment Rule, Surface Water Treatment Rule, etc.; corrections and clarification, 9781-9790 04-4464 NOTICES Meetings: Placement of coal combustion byproducts in coal mines and at surface impoundments and landfills, including non-coal mine sites; listening sessions, 9825-9826 04-4626 Superfund program: Prospective purchaser agreements— Broderick Wood Products Site et al., CO; correction, 9826-9827 04-4628 Farm Farm Service Agency RULES Special programs: Tree Assistance Program, 9744-9747 04-4524 FAA Federal Aviation Administration RULES Airworthiness directives: Mitsubishi Heavy Industries, Ltd.; correction, 9750-9753 04-4512 NOTICES Exemption petitions; summary and disposition, 9894-9895 04-4580 FCC Federal Communications Commission PROPOSED RULES Digital television stations; table of assignments: Florida, 9790 04-4619 Radio stations; table of assignments: Maryland, 9790-9791 04-4616 Television stations; table of assignments: Florida, 9791-9792 04-4620 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-4617 9827-9828 04-4618 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale: Various States, 9755-9758 04-4544 NOTICES Agency information collection activities; proposals, submissions, and approvals, 9837-9838 04-4545 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings; Sunshine Act, 9823-9825 04-4675 04-4676 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 9828 04-4526 Formations, acquisitions, and mergers, 9828 04-4525 Fish Fish and Wildlife Service NOTICES Grants and cooperative agreements; availability, etc.: Private Stewardship Program, 9838-9839 04-4686 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Levamisole powder for oral solution, 9753-9754 04-4518 Forest Forest Service NOTICES Environmental statements; notice of intent: Dixie National Forest, UT, 9795-9798 04-4586 Meetings: Resource Advisory Committees— Snohomish County, 9798 04-4556 Willamette Provincial Advisory Committee, 9798 04-4557 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 9813 04-4590 Geological Geological Survey NOTICES Agency information collection activities; proposals, submissions, and approvals, 9839-9840 04-4519 Health Health and Human Services Department See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development NOTICES Grants and cooperative agreements; availability, etc.: Mortgage Review Board; administrative actions [ **Editorial Note:** The page number for this document was missing from the Friday, February 27, 2004 **Federal Register** Table of Contents. The correct page number is 9351.] Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes: Corporate reorganizations; asset and stock transfers; transaction requirements, 9771-9774 04-4483 NOTICES Reports and guidance documents; availability, etc.: Art Advisory Panel; 2003 closed meetings, 9897 04-4631 International International Trade Administration NOTICES Antidumping: Electrolytic manganese dioxide from— Various countries, 9799-9800 04-4615 Freshwater crawfish tail meat from— China, 9800-9804 04-4614 Glycine from— China, 9804-9809 04-4613 International International Trade Commission NOTICES Import investigations: Frozen or canned warmwater shrimp and prawns from— Various countries, 9842 04-4527 Plastic grocery and retail bags, 9843 04-4632 Recordable and rewritable compact discs, 9843-9844 04-4633 Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-4547 9844-9845 04-4548 04-4549 International Labor Affairs Bureau: Mexico; United Students Against Sweatshops and Centro de Apoyo al Trabajador; Submission No. 2003-01 Hearing, 9845-9846 04-4550 Maritime Maritime Administration RULES Merchant Marine training: Merchant Marine Academy and State maritime academy graduates; service obligation requirements, 9758-9759 04-4553 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 9813 04-4590 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 9854-9855 04-4520 Meetings: Electronic Records Policy Working Group, 9855-9856 04-4612 NIH National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.: NIH Director's Pioneer Award Program, 9829-9830 04-4531 Novel endotracheal tube cleaning system and improved endotracheal tube design and conditions for use; research and development, 9830-9831 04-4532 Inventions, Government-owned; availability for licensing, 9831 04-4529 Meetings: Conflict of Interest Blue Ribbon Panel, 9831 04-4635 National Human Genome Research Institute, 9831-9832 04-4542 National Institute of Child Health and Human Development, 04-4535 9832-9833 04-4537 04-4538 04-4539 04-4540 National Institute of General Medical Sciences, 04-4536 9832-9834 04-4541 National Institute of Mental Health, 9834 04-4543 Scientific Review Center, 04-4533 9834-9837 04-4534 NOAA National Oceanic and Atmospheric Administration RULES Marine mammals: Commercial fishing authorizations; incidental taking— Atlantic Large Whale Take Reduction Plan, 9760-9762 04-4621 Taking and importation— Definitions; correction, 9759-9760 04-4609 NOTICES Endangered and threatened species: Eastern North Pacific southern killer whales; status review, 9809-9810 04-4610 Marine mammals: Taking and importation— Vandenberg Air Force Base, CA; rocket and missile launches; seals and sea lions, 9810-9811 04-4611 Meetings: Gulf of Mexico Fishery Management Council, 9811 04-4607 Mid-Atlantic Fishery Management Council, 9811-9812 04-4608 Science Advisory Board, 9812 04-4592 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 9840-9842 04-4521 04-4522 04-4523 National Science National Science Foundation NOTICES Committees; establishment, renewal, termination, etc.: International Arctic Research Center Oversight Council, 9856 04-4593 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 9856 04-4747 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Indiana, 9798-9799 04-4602 Meetings: Agricultural Air Quality Task Force; correction, 9799 04-4603 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: South Carolina Electric & Gas Co., 9856-9857 04-4574 Meetings; Sunshine Act, 9857 04-4670 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 9857-9871 04-4343 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-4596 9852-9854 04-4597 Saint Lawrence Saint Lawrence Seaway Development Corporation PROPOSED RULES Seaway regulations and rules: Tariff of tolls, 9774-9776 04-4546 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Metropolitan Life Insurance Co. et al., 9871-9880 04-4568 Real Estate Income Fund Inc. et al., 9880-9882 04-4569 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 9882-9886 04-4573 Fixed Income Clearing Corp., 04-4571 9886-9888 04-4572 New York Stock Exchange, Inc., 9888-9892 04-4570 SBA Small Business Administration NOTICES Disaster loan areas: Pennsylvania, 9892 04-4576 *Applications, hearings, determinations, etc.:* MidMark Capital II, L.P., 9892 04-4575 State State Department NOTICES Meetings: Shipping Coordinating Committee, 9892-9893 04-4605 04-4606 TVA Tennessee Valley Authority NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-4558 9893-9894 04-4559 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Saint Lawrence Seaway Development Corporation NOTICES Aviation proceedings: Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 04-4577 9894 04-4578 Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 9895 04-4595 Fair and Accurate Credit Transactions Act of 2003: Identity theft; use of biometrics and other similar technologies to reduce incidence and costs to society; comment request, 9895-9896 04-4604 Separate Parts In This Issue Part II Labor Department, Employee Benefits Security Administration, 9899-9909 04-4551 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 41 Tuesday, March 2, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. 02-108-2] Unshu Oranges from Honshu Island, Japan AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are adopting as a final rule, with two changes, an interim rule that amended the regulations governing the importation of citrus fruit to allow Unshu oranges grown on Honshu Island, Japan, to be imported without fumigation if the distribution of the fruit within the United States is limited to States that are not commercial citrus-producing States. We will continue to require fumigation if the fruit is distributed to commercial citrus-producing States. This final rule amends the regulations to include a reference to the island of Shikoku, along with the islands of Honshu and Kyushu, as an island from which Unshu oranges may be exported to the United States in accordance with the requirements of the regulations. EFFECTIVE DATE: April 1, 2004. FOR FURTHER INFORMATION CONTACT: Ms. Jeanne VanDersal, Import Specialist, Phytosanitary Issues Management, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1231;
(301)734-6799. SUPPLEMENTARY INFORMATION: Background Citrus canker is a disease that affects citrus and is caused by the infectious bacterium *Xanthomonas campestris* pv. *citri* (Hasse) Dye. The strain of citrus canker that occurs in Japan infects the twigs, leaves, and fruit of a wide spectrum of citrus species. In an interim rule effective and published in the **Federal Register** on March 3, 2003 (68 FR 9851-9854, Docket No. 02-108-1), we amended the regulations governing the importation of citrus fruit in 7 CFR 319.28 (referred to below as the regulations) to allow Unshu oranges grown on Honshu Island, Japan, to be imported without fumigation if the distribution of the fruit within the United States was limited to non-citrus-producing States. Comments on the interim rule were required to be received on or before May 2, 2003. We received one comment by that date. It was from a Japanese government official and is discussed below. The commenter asked if Unshu oranges grown on the island of Shikoku were eligible for entry under the same conditions included in the interim rule for Honshu-grown Unshu oranges. Previously, the regulations provided for the importation of Unshu oranges from approved, canker-free growing areas in Japan without specifying any particular islands or geographic areas in Japan. However, when we amended the regulations to provide for the importation of fumigated fruit into citrus-producing States (see 67 FR 4873-4877, Docket No. 99-099-2, published February 1, 2002), it was necessary to name the islands from which fruit could be exported, given the differing conditions that apply based on the origin and destination of the fruit. In that February 2002 final rule, we named only Honshu and Kyushu islands. Although Shikoku Island contains canker-free growing areas, there had been no exports of Unshu oranges to the United States from that island for several years, so we did not include a reference to Shikoku. This comment called our attention to our oversight; therefore, we are amending the regulations in this final rule to allow Unshu oranges grown in approved growing areas on Shikoku Island, Japan, to be imported without fumigation if the distribution of the fruit within the United States is limited to States that are not commercial citrus-producing States. As is the case with Unshu oranges from Honshu Island, we will require fumigation if the fruit is distributed to commercial citrus-producing States. The commenter also asked when Hawaii was added to the list of commercial citrus-producing States, noting that the addition was never clearly explained. The commenter requested specific documentation of the rule in which Hawaii was added. Hawaii was listed in both the February 2002 final rule cited previously and in the proposed rule that preceded it, which was published in the **Federal Register** on April 18, 2001 (66 FR 19892-19898, Docket No. 99-099-1). Hawaii was added to the list of commercial citrus-producing areas in § 301.75-5 of our domestic citrus canker regulations in a final rule published in the **Federal Register** on December 13, 1985 (50 FR 51228-51234, Docket No. 85-381). The commenter requested that Japan have the opportunity to discuss specific details regarding box marking and the marking of individual fruit when Japan and the United States meet to prepare the bilateral (operational) workplan 1 for the export of Japanese Unshu oranges to the United States. 1 A bilateral workplan is a written agreement between the Animal and Plant Health Inspection Service (APHIS) and a foreign plant protection organization that clarifies the responsibilities of each organization in enforcing APHIS regulations that pertain to preclearance export programs. The workplan also clarifies how specific aspects of the program operate, and may include directives as to how certain pest problems must be remedied. The workplan goes into more detail regarding the day-to-day operation of the program than do the regulations and, because of their separation from the regulations, workplans are flexible and can be revised as needed within the framework established by the regulations based on changing circumstances in the exporting country. Failure of the exporting country to abide by the conditions of the workplan is grounds for suspension, and possibly cancellation, of the export program. With respect to box labeling requirements, the regulations provide some flexibility by requiring only that the individual boxes in which the oranges are shipped be stamped or printed with a statement specifying the States into which the Unshu oranges may be imported, and from which they are prohibited removal under a Federal plant quarantine. The specific manner in which the required box marking will be accomplished will be covered in the bilateral workplan. With respect to individual fruit marking, the regulations currently contain no provisions for the marking of individual fruit. We understand that Japan may wish to mark individual fruit that has been fumigated, and is thus eligible for entry into commercial citrus-producing States, to distinguish such fruit from non-fumigated Unshu oranges. We will discuss this matter with Japan when we meet to prepare the bilateral workplan. Miscellaneous In a final rule published in the **Federal Register** on April 27, 2001 (see 66 FR 21049-21064), paragraph
(a)of § 319.28 was divided into paragraphs (a)(1) through (a)(3). Prior to that final rule, those same provisions ran together in a single, undivided paragraph (a). At the end of what is now paragraph (a)(3) are two sentences that read “Seeds and processed peel of fruits designated in this section are excluded from this prohibition. Such seeds, however, are subject to the requirements of §§ 319.37 through 319.37-27.” Before we divided paragraph (a), it was clear that the exclusion for seeds and processed peel applied to the entire paragraph. However, now that those sentences are located at the end of paragraph (a)(3), it may appear that the exclusion applies only to paragraph (a)(3). Therefore, for the sake of clarity, we are removing those two sentences from paragraph (a)(3) and placing them in a new paragraph (a)(4). Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule, with the changes discussed in this document. This final rule also affirms the information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Order 12988, and the Paperwork Reduction Act. Further, this final rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. 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, the interim rule amending 7 CFR part 319 that was published at 68 FR 9851-9854 on March 3, 2003, is adopted as a final rule with the following changes: 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. Section 319.28 is amended as follows: a. In paragraph (a)(3), by removing the last two sentences of the paragraph. b. By adding a new paragraph (a)(4) to read as set forth below. c. In paragraph (b)(5), first and third sentences, and paragraphs (b)(7)(i) and (b)(7)(ii), by adding the words “or Shikoku Island” after the words “Honshu Island.” § 319.28 Notice of quarantine.
(a)* * *
(4)Seeds and processed peel of fruits designated in this section are excluded from this prohibition. Such seeds, however, are subject to the requirements of §§ 319.37 through 319.37-27. Done in Washington, DC, this 26th day of February 2004. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-4600 Filed 3-1-04; 8:45 am]
Connectionstraces to 4
Traces to 4 documents
3 references not yet in our index
- 7 CFR 319
- 7 CFR 319.28
- 7 CFR 2.22
Citation graph
cites case law
Unknown
Final rule
Cite7 CFR 319
Cite7 CFR 319.28
Cite7 CFR 2.22
Cites 7Cited by 0 across 0 sources