Unknown. Interim rule and request for comments

4,562 words·~21 min read·/register/2004/07/20/04-16282·

A 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-2004-07-20.xml --- 69 138 Tuesday, July 20, 2004 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products: Tuberculosis in cattle; import requirements, 43283-43285 04-16282 NOTICES Agency information collection activities; proposals, submissions, and approvals, 43386-43387 04-16435 Bonneville Bonneville Power Administration NOTICES Reports and guidance documents; availability, etc.:

Pacific Northwest; policy proposal for power supply role (2007-2011 FY), 43399-43410 04-16446 Centers Centers for Disease Control and Prevention NOTICES Committees; establishment, renewal, termination, etc.: Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 43421 04-16413 Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— Botswana; psychosocial support and peer counseling service to HIV-infected women and their families; expansion, 43421-43425 04-16412 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Commodity Commodity Futures Trading Commission RULES Commodity Exchange Act:

Exempt commercial markets, 43285-43295 04-16319 Comptroller Comptroller of the Currency PROPOSED RULES Economic Growth and Regulatory Paperwork Reduction Act of 1996; implementation: Burden reduction recommendations, 43347-43351 04-16401 Defense Defense Department RULES Medical malpractice claims against military and civilian personnel of armed forces; CFR part removed, 43318-43319 04-16396 NOTICES Agency information collection activities; proposals, submissions, and approvals, 43398 04-16397 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Johnson Matthey, Inc., 43436 04-16386 Penick Corp., 43436-43437 04-16385 Roche Diagnostics Corp., 43437 04-16384 Employee Employee Benefits Security Administration NOTICES Employee benefit plans; individual exemptions:

Camino Medical Group, Inc., 43437-43452 04-16418 Employment Employment and Training Administration NOTICES Adjustment assistance: A.O. Smith Electrical Products Co., 43452 04-16426 Caspain International Group, 43452 04-16421 Charleston Hosiery, Inc., 43452 04-16427 Dresser, Inc., 43452 04-16419 Duracell GBMG, 43452 04-16422 H E Microwave Corp., 43453 04-16425 Lucent Technologies, Inc., 43453 04-16420 Model Die Casting, Inc., 43453 04-16424 N.E.W. Plastics Corp., 43453 04-16423 O/Z-Gedney Co., 43454 04-16428 Agency information collection activities; proposals, submissions, and approvals, 43454-43455 04-16429 04-16430 Energy Energy Department See Bonneville Power Administration See Energy Efficiency and Renewable Energy Office Energy Energy Efficiency and Renewable Energy Office NOTICES Meetings:

Federal Energy Management Advisory Commission, 43410 04-16445 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Asbestos, 43322-43325 04-16447 Air programs: Ambient air quality standards, national— Transportation conformity; 8-hour ozone and fine particulate matter standards; criteria and procedures; rule amendments; correction, 43325-43328 04-16449 Air quality implementation plans; approval and promulgation; various States: Ohio, 43319-43322 04-16333 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States:

Montana, 43371-43378 04-16448 Ohio, 43370-43371 04-16334 NOTICES Agency information collection activities; proposals, submissions, and approvals, 43411-43412 04-16450 Air programs: State implementation plans; adequacy status for transportation conformity purposes— Utah, 43412 04-16451 Reports and guidance documents; availability, etc.: Draft Model Application/Information Request for CERCLA Service Station Dealer Exemption, 43412-43413 04-16452 FAA Federal Aviation Administration NOTICES Grants and cooperative agreements; availability, etc.:

Runway Incursion Information Evaluation Program, 43483-43484 04-16518 FCC Federal Communications Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-16462 43413-43417 04-16463 04-16464 Common carrier services: Wireline Competition Bureau— Interexchange carrier rounding-up practices; declaratory ruling petition dismissed, 43418 04-16465 Meetings: Localism Task Force, 43418-43419 04-16456 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Economic Growth and Regulatory Paperwork Reduction Act of 1996; implementation:

Burden reduction recommendations, 43347-43351 04-16401 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Arkansas, 43426 04-16407 Virginia, 43426 04-16406 Federal Reserve Federal Reserve System PROPOSED RULES Economic Growth Regulatory Paperwork Reduction of 1996; implementation: Burden reduction recommendations, 43347-43351 04-16401 NOTICES Banks and bank holding companies: Change in bank control, 43419-43420 04-16403 04-16473 Formations, acquisitions, and mergers, 43419-43420 04-16404 04-16472 Fish Fish and Wildlife Service NOTICES Comprehensive conservation plans; availability, etc.:

Fish Springs National Wildlife Refuge, UT, 43428-43429 04-16409 Endangered and threatened species: Incidental take permits— Florida scrub-jay, 43429-43431 04-16410 Food Food and Drug Administration RULES Administrative practice and procedure: Civil money penalties hearings; maximum penalty amounts and compliance with Federal Civil Penalties Inflation Adjustment Act, 43299-43302 04-16388 PROPOSED RULES Administrative practice and procedure: New drug applications; complete response letter and amendments to unapproved applications, 43351-43366 04-16476 NOTICES Reports and guidance documents; availability, etc.:

Clinical evaluation guidance or requirements for approval of certain classes of drugs; withdrawal, 43425-43426 04-16477 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 43387 04-16434 Forest Forest Service NOTICES Meetings: Opal Creek Scenic Recreation Area Advisory Council, 43387 04-16414 Resource Advisory Committees— Mendocino County, 43387-43388 04-16453 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration NOTICES Scientific misconduct findings; administrative actions:

Ramalingam, Tirunelveli S., Ph.D., 43420-43421 04-16442 Homeland Homeland Security Department See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Mortgage and loan insurance programs: Single family mortgage insurance— Appraisals; lender accountability, 43503-43509 04-16391 PROPOSED RULES Public and Indian housing: Supportive Housing Program, 43487-43501 04-16390 NOTICES Agency information collection activities; proposals, submissions, and approvals, 43427 04-16389 Grants and cooperative agreements; availability, etc.:

Discretionary programs (SuperNOFA); correction, 43427-43428 04-16444 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent: Scotts Valley Band of Pomo Indians’ Trust Acquisition and Casino Project, Contra Costa County, CA, 43431-43432 04-16583 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Income taxes:

Contested liabilities; transfers to provide for satisfaction, 43302-43304 04-16373 Income subject to separate limitations and deemed-paid credit computation, 43304-43317 04-16374 Procedure and administration: Entity classification changes; eligible associations taxable as a corporation for qualified electing S corporation, 43317-43318 04-16232 PROPOSED RULES Income taxes: Income subject to separate limitations and deemed-paid credit computation, 43366 04-16375 Optional 10-year writeoff of certain tax preferences, 43367-43369 04-16474 Procedure and administration:

Entity classification changes; eligible associations taxable as a corporation for qualified electing S corporation, 43369-43370 04-16233 NOTICES Meetings: Small Business/Self Employed - Payroll Committee of the Taxpayer Advocacy Panel, 43486 04-16475 International International Trade Administration NOTICES Antidumping: Automotive replacement glass windshields from— China, 43388-43389 04-16466 Carbon and certain alloy steel wire rod from— Canada, 43389-43394 04-16582 Justice Justice Department See Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 43436 04-16392 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau PROPOSED RULES Land use plans:

Cooperating agency status, 43378-43383 04-16224 Legal Legal Services Corporation NOTICES Grants and cooperative agreements; availability, etc.: Civil legal services to low-income clients— Oregon, 43456 04-16469 Maritime Maritime Administration RULES Subsidized vessels and operators: Maritime Security Program, 43328-43338 04-16454 Minerals Minerals Management Service NOTICES Environmental statements; availability, etc.: Pacific OCS— Nuevo Energy Co.; submarine power cable repair project, 43432 04-16443 Mississippi Mississippi River Commission NOTICES Meetings;

Sunshine Act, 43456-43457 04-16551 National Archives National Archives and Records Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 43457 04-16387 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— West Coast salmon, 43345-43346 04-16356 Marine mammals: Commercial fishing authorizations— Zero Mortality Rate Goal; implementation, 43338-43345 04-16355 PROPOSED RULES Fishery conservation and management:

West Coast States and Western Pacific fisheries— Coastal pelagic species, 43383-43385 04-16471 NOTICES Meetings: National Marine Advisory Committee, 43394 04-16470 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 43432-43433 04-16393 Meetings: Denali National Park Subsistence Resource Commission; correction, 43433-43434 04-16394 National Park System Advisory Board, 43434-43435 04-16395 Native American human remains, funerary objects; inventory, repatriation, etc.:

Field Museum of Natural History, Chicago, IL, 43435 04-16145 Nuclear Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 43457 04-16529 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 43457-43465 04-16157 Patent Patent and Trademark Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-16411 43395-43398 04-16415 Personnel Personnel Management Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 43465-43466 04-16398 04-16399 Expected service:

Schedules A, B, and C; positions placed or revoked— Consolidated list, 43466-43468 04-16400 SEC Securities and Exchange Commission RULES Securities, etc.: International Securities Exchange, Inc.; options designated as covered securities, 43295-43299 04-16441 NOTICES Agency information collection activities; proposals, submissions, and approvals, 43468 04-16436 Public Company Accounting Oversight Board: Auditing and related professional practice standards and advisory groups, 43468-43482 04-16440 Securities Exchange Act:

Broker-dealer exemption from sending financial information to customers— Certified balance sheet and income statement; annual filing, 43482 04-16439 State State Department NOTICES Presidential permits: Laredo, TX; construction of new international border crossing, 43483 04-16467 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Kansas & Oklahoma Railroad, 43484-43485 04-16080 Railroad services abandonment: Wisconsin Central Ltd., 43485-43486 04-16455 Thrift Thrift Supervision Office PROPOSED RULES Economic Growth and Regulatory Paperwork Reduction Act of 1996; implementation:

Burden reduction recommendations, 43347-43351 04-16401 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Housing and Urban Development Department, 43487-43501 04-16390 Part III Housing and Urban Development Department, 43503-43509 04-16391 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. 69 138 Tuesday, July 20, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Part 93 [Docket No. 03-081-1] Tuberculosis in Cattle; Import Requirements AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the animal importation regulations to require that steers and spayed heifers with any evidence of horn growth that are entering the United States meet the same tuberculosis testing requirements as sexually intact animals entering the United States. In their current form, the regulations do not distinguish between steers and spayed heifers imported strictly as feeders and those with horn growth, which may be used for exhibitions, rodeos, and roping and bulldogging practices.

Animals used for these purposes are often maintained longer than feeder cattle. The longer the life span of an animal, the greater the chances are that, if exposed to tuberculosis, it will contract the disease, develop generalized disease, and spread it to other animals. We believe that the risks of tuberculosis transmission associated with steers and spayed heifers with horn growth justify regulating the importation of such animals in a manner equivalent to the way we regulate sexually intact cattle, which also have longer life spans than feeder cattle and are consequently more likely to spread tuberculosis if they have been exposed to that disease.

This action is necessary to reduce the risk of imported cattle transmitting tuberculosis to domestic livestock in the United States. DATES: This interim rule is effective August 19, 2004. We will consider all comments that we receive on or before September 20, 2004. ADDRESSES: You may submit comments by any of the following methods: • EDOCKET: Go to *http://www.epa.gov/feddocket* to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically.

Once you have entered EDOCKET, click on the “View Open APHIS Dockets” link to locate this document. • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. 03-081-1, 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. 03-081-1. • 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. 03-081-1” on the subject line. • Agency Web site: Go to *http://www.aphis.usda.gov/ppd/rad/cominst.html* for a form you can use to submit an e-mail comment through the APHIS Web site. • Federal eRulemaking Portal: Go to *http://www.regulations.gov* and follow the instructions for locating this docket and submitting comments. *Reading Room:* 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. *Other Information:* You may view APHIS documents published in the **Federal Register** and related information, including the names of groups and individuals who have commented on APHIS dockets, on the Internet at *http://www.aphis.usda.gov/ppd/rad/webrepor.html.* FOR FURTHER INFORMATION CONTACT: Dr. Terry Beals, National Tuberculosis Program Coordinator, Eradication and Surveillance Team, National Center for Animal Health Programs, VS, APHIS, 4020 N. Lincoln Blvd., Suite 101, Oklahoma City, OK 73105;

(405)427-2998. SUPPLEMENTARY INFORMATION: Background The regulations in 9 CFR part 93 prohibit or restrict the importation of certain animals, birds, and poultry into the United States to prevent the introduction of communicable diseases of livestock and poultry. Subpart D of part 93 (§§ 93.400 through 93.435, referred to below as the regulations) governs the importation of ruminants. Section 93.406 of the regulations contains requirements for diagnostic tests for brucellosis and tuberculosis. Section 93.427 contains some additional safeguards against tick-borne diseases, brucellosis, and tuberculosis for cattle imported into the United States from Mexico. Bovine tuberculosis is an infectious disease caused by the bacterium *Mycobacterium bovis.* Although commonly defined as a chronic debilitating disease, bovine tuberculosis can occasionally assume an acute, rapidly progressive course. While body tissue can be affected, lesions are most frequently observed in the lymph nodes, lungs, intestines, liver, spleen, pleura, and peritoneum. Although cattle are considered to be the true hosts of *M. bovis,* the disease has been reported in several other species of both domestic and nondomestic animals and in humans. Currently, all areas of the United States are considered to be free of bovine tuberculosis except for Texas, Michigan, New Mexico, and California. Currently, the regulations for tuberculosis treat imported steers and spayed heifers differently from imported sexually intact cattle. Under § 93.406(a)(2)(i), steers and spayed heifers must have come from a herd of origin that tested negative to a whole herd test for tuberculosis within 1 year prior to the date of exportation to the United States; each of the animals must have tested negative to an additional official tuberculin test conducted within 60 days prior to the date of exportation to the United States; and any individual cattle that had been added to the herd must have tested negative to any individual tests for tuberculosis required by the Administrator. For sexually intact cattle from an accredited herd (a herd that has passed at least two consecutive annual official tuberculin tests and has no evidence of tuberculosis), the herd must have been certified as an accredited herd for tuberculosis within 1 year prior to the date of exportation to the United States. Sexually intact cattle not from an accredited herd must have originated from a herd of origin that tested negative to a whole herd test for tuberculosis within 1 year prior to the date of exportation to the United States. Each of these animals must also have tested negative to one additional official tuberculin test conducted no more than 6 months and no less than 60 days prior to the date of exportation to the United States, unless the animals are exported within 6 months of when the herd of origin tested negative to a whole herd test, in which case the additional test is not required. In addition, any individual cattle that had been added to the herd must have tested negative to any individual tests for tuberculosis required by the Administrator. The higher level of risk of tuberculosis transmission associated with sexually intact cattle accounts for their more stringent regulatory treatment. Steers and spayed heifers are often imported as feeders and slaughtered before the age of 2 years. They usually graze with other feeders before being taken to feedlots and, subsequently, to slaughter. Sexually intact cattle, on the other hand, are typically imported for breeding purposes, and their average life span ranges from 7 to 12 years. The longer the life span of an animal, the greater the chances are that, if exposed to tuberculosis, it will contract the disease, develop generalized disease, and spread it to other animals. In addition, since bovine tuberculosis may be spread by nursing or aerosolization, an infected breeding cow may not only spread the disease to the other breeding cattle with which she is kept, but also to her offspring or the offspring of other breeding cattle. Some imported steers and spayed heifers, however, have also been associated with higher levels of tuberculosis risk. Cattle with horn growth ( *i.e.* , cattle that are not polled or dehorned; hereafter referred to as exhibition animals) may be used for exhibitions, rodeos, and roping and bulldogging practices. Cattle used for these purposes are more expensive than feeder animals and are often maintained longer. In addition, exhibition animals are managed much differently than feeder animals. Exhibition animals are housed in or near arenas for rodeo events and practice sessions. When the season is over, these animals may be commingled with breeding animals or herds during the winter. This routine practice may be repeated over the course of 2 to 5 years. Consequently, exhibition animals have historically exhibited a significantly higher risk of spreading tuberculosis than have feeder cattle. It is our view that the risks presented by exhibition animals justify regulating their importation in a manner equivalent to the way we regulate sexually intact cattle. In their current form, the regulations do not distinguish between steers and spayed heifers imported strictly as feeders and those whose horn growth may enable them to be used in exhibitions. Because steers or spayed heifers with horn growth are far more likely to be imported for use in exhibitions than those without horn growth, they may be associated with the additional risk factors described in the previous paragraph. Therefore, in order to offer greater protection to U.S. livestock herds against tuberculosis, we are amending the regulations in § 93.406(a)(2) to require that steers or spayed heifers intended for importation into the United States that have any evidence of horn growth meet the same tuberculosis testing requirements as sexually intact cattle imported into the United States. In addition, we are amending § 93.427(c)(3), which provides, among other things, for the detention at the U.S. port of entry of sexually intact cattle from Mexico until the cattle are tested for tuberculosis with negative results. Under this rulemaking, steers or spayed heifers from Mexico with any evidence of horn growth will also be subjected to this requirement. Emergency Action This rulemaking, which requires that steers and spayed heifers with any evidence of horn growth that are entering the United States meet the same tuberculosis testing requirements as sexually intact animals entering the United States, is necessary on an emergency basis to reduce the risk of imported cattle transmitting tuberculosis to domestic livestock in the United States. Under these circumstances, the Administrator has determined that there is good cause under 5 U.S.C. 553 for issuing this rule as an interim rule rather than by publishing a notice of proposed rulemaking. We are making this rule effective 30 days after publication in the **Federal Register** to provide sufficient notice of the new requirements to Mexican animal health authorities and cattle exporters. 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. The 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. This interim rule amends the animal importation regulations in §§ 93.406 and 93.427 to require that steers and spayed heifers with any evidence of horn growth that are entering the United States meet the same tuberculosis testing requirements as sexually intact animals entering the United States. This action is necessary to reduce the risk of imported cattle transmitting tuberculosis to domestic livestock in the United States. The cattle industry plays an important role in the U.S. economy. Cash receipts from sales of meat, animals, and milk totaled about $65 billion in 2001. 1 Additionally, cattle and related product exports generated over $3 billion in sales. Other agricultural and nonagricultural sectors are highly dependent on the cattle industry for their economic activity. Maintaining favorable economic conditions for U.S. agriculture depends, in part, on continued aggressive efforts to eradicate tuberculosis from the U.S. cattle population. 1 USDA/ERS, U.S. and State Farm Income Data/Farm Cash Receipts, 1924-2001, Table 5—Cash Receipts, by Commodity groups and Selected Commodities, United States and States, 1997-2001. Revised July 23, 2002. Historically, most U.S. imports of live cattle and calves have come from Canada and Mexico. The United States imported 2,502,973 live cattle and calves in 2002, which were valued at $1,447 million. Of these, 1,686,508 were from Canada, and 816,460 were from Mexico. 2 Steers and spayed heifers that have horn growth and may be used for rodeo exhibitions are most likely to come to the United States from Mexico. In 2002, the number of steers from which roping steers were likely to be drawn totaled 747,069 or 91.5 percent of total imports from Mexico. 3 Of this total, about 6 percent are believed to be roping steers. 2 USDA/ERS, Foreign Agricultural Trade of the United States, February 2003. 3 Source: Global Trade Information Services Inc., the World Trade Atlas—United States Edition, June 2003; APHIS/VS Import Tracking System National Database. This interim rule will result in an additional tuberculosis testing requirement for steers and spayed heifers with horn growth imported into the United States, entailing some additional costs for importers. The cost of tuberculin testing is between $7.50 and $10 per head. The weighted average price of an imported steer from Mexico, which is likely to be the source of most of the animals affected by this interim rule, in 2002 was $364. The cost of the additional tuberculosis test represents about 2.4 percent of that value. If supply does not change as a result of the cost increase, U.S. importers will incur overall additional costs of between $336,180 and $549,000 annually. The exact impact of a 2.4 percent increase in cost on the supply of cattle from Mexico is unknown, but the possibility exists that the cost increase may decrease the supply of cattle from Mexico and increase lease fees and/or roping steer purchase prices. The Regulatory Flexibility Act requires that agencies specifically consider the economic effects of their rules on small entities. Entities that may be affected by this interim rule include U.S. order buyers that import steers from Mexico and cow-calf operations that sell steers comparable in age and size to those imported from Mexico. The Small Business Administration

(SBA)classifies cow-calf and stocker operations as small entities if their annual receipts are not more than $750,000. There were 1,032,000 of these operations in the United States in 2002, and over 99 percent were considered small. This interim rule will also affect industries that purchase and lease roping steers for their shows. The number and size distributions of this industry are not available, but their sizes are likely to be small. Additionally, as these animals retire from roping service, they are likely to be sold to feedlots, so some feedlots might also be affected. The SBA classifies cattle feedlots as small entities if their annual receipts are not more than $1.5 million. There were 95,189 feedlots in the United States in 2002, of which about 93,000 (nearly 98 percent) had capacities of fewer than 1,000 head. Average annual receipts for these small feedlots totaled about $35,300, a figure well below the SBA's small-entity criterion. However, as of January 1, 2003, the remaining 2 percent of the Nation's feedlots, which had capacities of at least 1,000 head, held 82 percent of all U.S. cattle and calves on feed. This interim rule may lead to increased costs for U.S. importers of roping steers and a decrease in the number of roping steers imported from Mexico. Any negative economic impacts for U.S. importers may be offset somewhat by the benefits that may accrue to U.S. cow-calf operations that sell or lease domestic roping steers if the price of those steers rises. In addition, if any increase in U.S. feeder cattle prices results from this rule, U.S. cow-calf and stocker domestic operations will gain from a stronger market. The overall benefits to the U.S. livestock industry of reducing the risk of importing tuberculosis-infected cattle by requiring additional testing for steers and spayed heifers with horn growth are expected to be of far greater significance than any other economic impacts, whether positive or negative, of this interim rule. 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 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 9 CFR Part 93 Animal diseases, Imports, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 93 as follows: PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS 1. The authority citation for part 93 continues to read as follows: Authority: 7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. § 93.406 [Amended] 2. Section 93.406 is amended as follows: a. In paragraph (a)(2)(i), by adding the words “without evidence of horn growth (polled or dehorned)” after the word “heifers”. b. In paragraph (a)(2)(ii), by adding the words “and steers or spayed heifers with any evidence of horn growth” after the word “cattle”. c. In paragraph (a)(2)(iii), by adding the words “and steers or spayed heifers with any evidence of horn growth” after the words “intact cattle”. § 93.427 [Amended] 3. In § 93.427, paragraph (c)(3) is amended by adding the words “and steers or spayed heifers with any evidence of horn growth” after the word “cattle”. Done in Washington, DC, this 13th day of July, 2004. W. Ron DeHaven, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 04-16282 Filed 7-19-04; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code