Unknown. Affirmation of interim rule as final rule
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/register/2004/07/07/04-15333A 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-2004-07-07.xml --- 69 129 Wednesday, July 7, 2004 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Meetings: 2005 White House Conference on Aging Policy Committee, 40941 04-15286 Agricultural Agricultural Marketing Service RULES Nectarines and peaches grown in— California, 41119-41128 04-15332 PROPOSED RULES Dried prunes produced in— California, 40819 04-15283 NOTICES Canned refried beans; voluntary grade standards, 40857 04-15282 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Interstate transportation of animals and animal products (quarantine):
Brucellosis in cattle— State and area classification, 40763 04-15333 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-15384 40942-40943 04-15385 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 04-15386 40943-40944 04-15387 Children Children and Families Administration See Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.:
Developmental Disabilities Administration; projects of national significance, 41089-41111 04-15052 Coast Guard Coast Guard RULES Pollution: Ballast water management reports; nonsubmission penalties; correction, 40767-40768 04-15033 Ports and waterways safety: Hampton Roads, VA— Security zone, 40768-40770 04-15415 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 40858-40859 04-15397 04-15400 04-15403 Defense Defense Department See Navy Department NOTICES Acquisition regulations:
Agency information collection activities; proposals, submissions, and approvals, 40877-40879 04-15355 04-15356 04-15357 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 40880-40882 04-15404 04-15406 04-15407 Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Children with disabilities; research and innovation to improve services and results, 40882-40886 04-15408 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions:
Comerica Bank, et al.; withdrawal, 40969 04-15363 Kinder Morgan, Inc., et al, 40969-40979 04-15362 Employment Employment and Training Administration NOTICES Adjustment assistance: American Airlines, 40979 04-15319 Android Industries, Lordstown LLC, 40979 04-15316 Bank of New York, 40979-40980 04-15311 Ciprico, Inc., 40980 04-15318 Cosom Sporting Goods, et al., 40980-40981 04-15302 Eastman Chemical Co., 40981 04-15313 E-Z-Go Textron, 40981 04-15308 Hood Cable Co., 40981 04-15310 Intier Automotive, 40981 04-15315 J&L Specialty Steel, LLC, 40981-40982 04-15320 Oregon Panel Products, LLC, 40982 04-15305 Plastek Industries, Inc. et al., 40982-40986 04-15309 PLM Garment Cutting Service, 40986 04-15306 Roseburg Forest Products, 40986-40987 04-15307 Slater Steel Corp., 40987 04-15312 SMS DEMAG/PRO-ECO, 40987 04-15314 Spartech VY-CAL Plastics, 40987 04-15303 Timken Co., 40987 04-15304 X-L Grinding & Tool, Inc., 40988 04-15317 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Privacy Act:
Systems of records, 40886-40888 04-15331 EPA Environmental Protection Agency RULES Air pollution; standards of performance for new stationary sources: Industrial-commercial-institutional steam generating units, 40770-40774 04-15204 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Propoxycarbazone-sodium, 40774-40781 04-15210 Sulfuric acid, 40781-40787 04-15352 Toxic substances: Inventory update rule; corrections, 40787-40791 04-15353 PROPOSED RULES Air pollution; standards of performance for new stationary sources:
Industrial-commercial-institutional steam generating units, 40829-40831 04-15205 Air quality implementation plans; approval and promulgation; various States: North Dakota, 40824-40829 04-15341 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Allethrin, etc., 40831-40836 04-15211 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40897-40902 04-15343 04-15345 04-15346 Committees; establishment, renewal, termination, etc.:
Environmental Policy and Technology National Advisory Council, 40903 04-15342 National Environmental Education and Training Foundation, Board of Trustees, 40903 04-15347 Meetings: Metals risk assessment framework, 40904-40905 04-15349 National Center for Environmental Assessment, 40903-40904 04-15348 Pesticide, food, and feed additive petitions: E.I. du Pont de Nemours & Co., 40909-40916 04-15208 ISK Biosciences Corp., 40916-40920 04-15206 Pesticide registration, cancellation, etc.:
Bayer CropScience, 40905-40906 04-15350 Chlorpyrifos-methyl; amendment, 40906-40909 04-15209 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Thifensulfuron Methyl, 40920-40927 04-15212 Toxic and hazardous substances control: New chemicals— Test marketing exemption approvals, 40927-40928 04-15351 Farm Farm Credit Administration NOTICES Meetings; Sunshine Act, 40928 04-15565 FAA Federal Aviation Administration RULES Airworthiness directives: Kaman Aerospace Corp., 40764-40765 04-15127 PROPOSED RULES Airworthiness directives:
Dassault, 40823-40824 04-15380 Lockheed, 40821-40823 04-15381 Pratt & Whitney, 40819-40821 04-15391 FCC Federal Communications Commission RULES Practice and procedure: Application fees schedule, 41129-41178 04-15431 Regulatory fees (2004 FY); assessment and collection, 41027-41058 04-14769 Television broadcasting: Improved model for predicting broadcast television field strength received at individual locations; establishment, 40791-40794 04-15005 PROPOSED RULES Common carrier services:
Federal-State Joint Board on Universal Service— Eligible telecommunication carriers designation process, 40839-40843 04-15240 Radio services; special: Fixed microwave services— Rechannelization of the 17.7 - 19.7 GHz frequency band, 40843-40850 04-15237 NOTICES Agency information collection activities; proposals, submissions, and approvals, 40928 04-15394 Meetings; Sunshine Act, 40929-40930 04-15538 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Flood elevation determinations:
Iowa, 40836-40837 04-15295 Various States, 40837-40839 04-15297 NOTICES Disaster and emergency areas: Indiana, 40961 04-15292 Iowa, 04-15288 40961 04-15289 Ohio, 40961-40962 04-15290 04-15291 Virginia, 04-15293 40962-40963 04-15294 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 40891-40896 E4-1475 E4-1485 E4-1486 Environmental statements; availability, etc.: Appalachian Power Co., 40896 E4-1479 McKenzie Hydroelectric Project;
McKenzie River, Lane County, OR, 40896-40897 E4-1478 *Applications, hearings, determinations, etc.:* ANR Pipeline Co., 40888-40889 E4-1482 CenterPoint Energy Gas Transmission Co., 40889 E4-1481 ISO New England Inc., et al., 40889 E4-1476 Questar Pipeline Co., 40889-40891 E4-1480 E4-1483 Unocal Windy Hill Gas Storage LLC, 40891 E4-1477 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system: Community support review; members selected for review list, 40930-40940 04-15276 FMC Federal Maritime Commission NOTICES Complaints filed:
Trans-Net, Inc., 40940 04-15429 Federal Transit Federal Transit Administration NOTICES Grants and cooperative agreements; availability, etc.: United We Ride Initiatives; State coordination grants, 41017-41019 04-15254 Fish Fish and Wildlife Service RULES Endangered and threatened species: Florida manatee; withdrawal of two areas designated as Federal protection areas, 40796-40805 04-15273 NOTICES Endangered and threatened species permit applications, 40965-40966 04-15324 04-15325 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:
Cloprostenol sodium, 40765-40766 04-15425 Diclofenac, 40766-40767 04-15426 Food additives: Olestra Correction, 40765 04-15424 NOTICES Animal drugs, feeds, and related products: Patent extension; regulatory review period determinations— NEUTERSOL, 40944-40945 04-15301 Biological products: Patent extension; regulatory review period determinations— DAPTACEL, 40945-40946 04-15274 Food additives: Patent extension; regulatory review period determinations— Neotame, 40946 04-15275 Grants and cooperative agreements; availability, etc.:
National Alliance for Hispanic Health; single source application, 40946-40949 04-15427 Forest Forest Service NOTICES Environmental statements; notice of intent: Manti-La Sal National Forest, UT, 40857-40858 04-15279 Meetings: Resource Advisory Committees— Lincoln County, 40858 04-15390 Madera County, 40858 04-15383 Southwest Idaho, 40858 04-15501 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.:
Family planning services grants, 41113-41118 04-15340 Meetings: Vital and Health Statistics National Committee, 40940-40941 04-15299 Organization, functions, and authority delegations: Assistant Secretary for Children and Families; correction, 40941 04-15298 Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 40949-40950 04-15428 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-15264 40963-40965 04-15265 04-15266 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent:
Menominee Nation Casino and Hotel Project, Kenosha, WI; public scoping meeting; correction, 40966 04-15382 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 41023-41025 04-15417 04-15422 04-15423 International International Trade Administration NOTICES Antidumping: Fresh cut flowers from— Mexico, 40867-40868 04-15409 Fresh garlic from— China, 40868-40869 04-15410 Low enriched uranium from— France, 40871-40873 04-15413 Various countries, 40869-40871 04-15412 Stainless steel butt-weld pipefittings from— Taiwan, 40859-40867 04-15411 Justice Justice Department See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-15300 40968-40969 04-15392 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Survey plat filings:
Arizona, 40966-40967 04-15280 New Mexico, 40967-40968 04-15281 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41019-41020 04-15339 Coastwise trade laws; administrative waivers: AFTER HOURS, 41020 04-15338 AMARYLLIS, 41020-41021 04-15335 ANCILLA II, 41021 04-15337 PARADISE II, 41021-41022 04-15336 PRINCESS MARCIE, 41022 04-15334 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
Leadership Initiatives Advisory Panel, 40988 04-15393 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Kia Motor Corp., 41022-41023 04-15277 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies; correction, 41026 C4-8884 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 40805-40817 04-15379 Salmon, 40817-40818 04-15255 PROPOSED RULES Fishery conservation and management:
Northeastern United States fisheries— Atlantic sea scallop, 40850-40851 04-15396 West Coast States and Western Pacific fisheries— Pacific Coast groundfish, 40851-40856 04-15256 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-15398 40873-40875 04-15399 04-15401 04-15402 Meetings: Pacific Fishery Management Council, 40875-40876 E4-1487 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 40988-40989 04-15416 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 40879-40880 04-15388 Meetings:
Naval Research Advisory Committee, 40880 04-15494 Patent licenses; non-exclusive, exclusive, or partially exclusive: SurTec International, GmbH, 40880 04-15389 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Amergen Energy Co. LLC, 40989-40990 04-15321 Meetings: Regulatory structure for new plant licensing; workshop, 40990-40991 04-15323 *Applications, hearings, determinations, etc.:* Indiana Michigan Power Co., 40989 04-15322 Patent Patent and Trademark Office NOTICES Patents:
Atamestane; interim extension, 40876 04-15270 Ecamsule; interim extension, 40876 04-15272 Natamycin; interim extension, 40876-40877 04-15271 Refugee Refugee Resettlement Office NOTICES Grants and cooperative agreements; availability, etc.: Unaccompanied alien children; support services, 40950-40960 04-15267 SEC Securities and Exchange Commission RULES Securities: Self-regulatory organizations; fees calculation, payment and collection, 41059-41087 04-15081 NOTICES Self-regulatory organizations; proposed rule changes:
American Stock Exchange, LLC, 40992-40994 04-15330 Chicago Board Options Exchange, Inc., 40994-41003 04-15329 Depository Trust Co., 41003-41005 04-15285 Pacific Exchange, Inc., 04-15284 41005-41015 04-15327 04-15328 SBA Small Business Administration NOTICES Disaster loan areas: Indiana, 41015-41016 04-15359 Ohio, 41016 04-15360 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 41016-41017 04-15263 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.:
Union Pacific Railroad Co., 41023 04-15201 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 41025 04-15268 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board RULES Americans with Disabilities Act; implementation: Accessibility guidelines— Over-the-road buses, 40794-40796 04-15414 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Federal Communications Commission, 41027-41058 04-14769 Part III Securities and Exchange Commission, 41059-41087 04-15081 Part IV Health and Human Services Department, Children and Families Administration, 41089-41111 04-15052 Part V Health and Human Services Department, 41113-41118 04-15340 Part VI Agriculture Department, Agricultural Marketing Service, 41119-41128 04-15332 Part VII Federal Communications Commission, 41129-41178 04-15431 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. 69 129 Wednesday, July 7, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 78 [Docket No. 04-009-2] Brucellosis in Cattle; State and Area Classifications; Wyoming AGENCY:
Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim rule as final rule. SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the brucellosis regulations concerning the interstate movement of cattle by changing the classification of Wyoming from Class Free to Class A. We determined that Wyoming no longer met the standards for Class Free status. The action was necessary to prevent the interstate spread of brucellosis.
EFFECTIVE DATE: The interim rule became effective on February 13, 2004. FOR FURTHER INFORMATION CONTACT: Dr. Debra Donch, National Brucellosis Epidemiologist, National Center for Animal Health Programs, VS, APHIS, 4700 River Road Unit 43, Riverdale, MD 20737-1231;
(301)734-6954. SUPPLEMENTARY INFORMATION: Background Brucellosis is a contagious disease affecting animals and humans, caused by bacteria of the genus *Brucella* . The brucellosis regulations, contained in 9 CFR part 78 (referred to below as the regulations), provide a system for classifying States or portions of States according to the rate of *Brucella* infection present and the general effectiveness of a brucellosis control and eradication program. The classifications are Class Free, Class A, Class B, and Class C. States or areas that do not meet the minimum standards for Class C are required to be placed under Federal quarantine. In an interim rule effective February 13, 2004, and published in the **Federal Register** on February 20, 2004 (69 FR 7863-7864, Docket No. 04-009-1), we amended the regulations in § 78.41 by changing the classification of Wyoming from Class Free to Class A. The action was necessary to prevent the interstate spread of brucellosis. Comments on the interim rule were required to be received on or before April 20, 2004. We received three comments by that date. The comments were from private citizens and a cattle producer. The comments are discussed below. Two commenters stated that our current system for controlling the spread of brucellosis is ineffective because it does not address the greater threat posed by Wyoming's infected wildlife. One commenter added that the brucellosis infected wildlife is in the Greater Yellowstone Area
(GYA)and stated that a brucellosis control program in Wyoming should be based on the livestock's proximity to the GYA. The commenter proposed certain changes to our program, including stricter surveillance for cattle within a certain vicinity of GYA wildlife during elk and bison calving season, brucellosis testing based on proximity to the GYA, and focusing on early intervention for these cattle herds. We acknowledge that infected wild elk and bison populations in the GYA may be a source of brucellosis transmission to Wyoming's cattle. Transmission of brucellosis from wild elk to cattle occurred in Wyoming in 2003 and Idaho in 2002. The Brucellosis Coordination Team appointed by the Governor of Wyoming and organizations like the Greater Yellowstone Interagency Brucellosis Committee are working to find ways to address the brucellosis situation in the GYA. APHIS’ brucellosis program is designed so that it can be applied to all States, while leaving States some latitude to assess their own risks and implement additional regulations appropriate to individual needs. Furthermore, implementing a new program, as the commenter suggests, would require a separate action and cannot be done in this final rule. The third commenter stated that all interstate movement of cattle should be prohibited. We do not believe that such an extreme step is warranted or necessary to prevent the spread of brucellosis in the United States. Therefore, for the reasons given in the interim rule and in this document, we are adopting the interim rule as a final rule without change. This action 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, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. 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.) List of Subjects in 9 CFR Part 78 Animal diseases, Bison, Cattle, Hogs, Quarantine, Reporting and recordkeeping requirements, Transportation. PART 78—BRUCELLOSIS Accordingly, we are adopting as a final rule, without change, the interim rule that amended 9 CFR part 78 and that was published at 69 FR 7863-7864 on February 20, 2004. Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4. Done in Washington, DC, this 30th day of June 2004. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-15333 Filed 7-6-04; 8:45 am]
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4 references not yet in our index
- 9 CFR 78
- 7 CFR 3015
- 7 USC 8301-8317
- 7 CFR 2.22
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Affirmation of interim rule as final rule
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