Unknown. Interim rule and request for comments

4,116 words·~19 min read·/register/2005/01/28/05-1615·

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-2005-01-28.xml --- 70 18 Friday, January 28, 2005 Contents Agricultural Agricultural Marketing Service RULES Pistachios grown in— California Correction, 4191 C5-182 PROPOSED RULES Nectarines and peaches grown in— California, 4041-4047 05-1614 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Food Safety and Inspection Service See Forest Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 4150 05-1582 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Asian longhorned beetle, 4003-4005 05-1615 NOTICES Agency information collection activities; proposals, submissions, and approvals, 4084-4085 E5-329 Environmental statements; availability, etc.: Nonregulated status determinations— Syngenta Seeds; genetically engineered cotton, 4085-4086 E5-328 Army Army Department NOTICES Environmental statements; availability, etc.: Fort Bliss, TX; brackish water desalination plant and support facilities; construction and operation, 4095-4096 05-689 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 4126-4127 05-1589 Centers Centers for Medicare & Medicaid Services RULES Medicare and medicaid:

Medicare Advantage Program, 4587-4741 05-1322 Medicare Prescription Drug Benefit, 4193-4585 05-1321 NOTICES Agency information collection activities; proposals, submissions, and approvals, 4127-4129 05-1481 05-1482 05-1555 Committees; establishment, renewal, termination, etc.: Medicare Education Advisory Panel, 4129-4130 05-1504 Medicare: Medicare Prescription Drug, Improvement, and Modernization Act of 2003, implementation— Chiropractic services; coverage demonstration, 4130-4132 05-1505 Meetings:

Medicare— Demonstration of Bundled Case-Mix Adjusted Payment System for End-Stage Renal Disease Services Advisory Board, 4132-4133 05-1743 Medicare Coverage Advisory Committee; meeting, 4133-4134 05-1503 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 4090 05-1700 Coast Guard Coast Guard RULES Drawbridge operations: Delaware, 4014-4016 05-1660 Florida, 4016-4019 05-1659 Louisiana, 4013-4014 05-1560 New York, 4014, 4019 05-1561 05-1658 Texas, 4013 05-1559 PROPOSED RULES Drawbridge operations:

Louisiana, 4074-4078 05-1654 05-1657 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 05-1645 4090-4092 05-1646 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 4094-4095 05-1563 05-1653 Defense Defense Department See Army Department PROPOSED RULES Restoration Advisory Boards; general, operating, administrative support, funding, and reporting requirements, 4061-4074 05-1550 NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 4096-4097 05-1576 05-1577 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Improving Literacy Through School Libraries Program, 4097-4101 05-1652 Innovation and improvement— Charter Schools Program, 4101-4107 05-1639 Excellence in Economic Education Program, 4107-4111 05-1650 Meetings: Individuals with Disabilities Education Improvement Act; regulatory issues, 4111-4112 05-1648 05-1649 Privacy Act:

Systems of records, 4112-4115 05-1651 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 4151-4152 05-1335 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States; air quality planning purposes; designation of areas: Ohio, 4023-4026 05-1441 Air quality implementation plans; approval and promulgation; various States:

Michigan, 4019-4023 05-1633 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Bifenazate, 4032-4037 05-1624 Quinoxyfen, 4026-4032 05-1638 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Michigan, 4079-4080 05-1634 NOTICES Agency information collection activities; proposals, submissions, and approvals, 4117-4118 05-1625 Air programs: State implementation plans; adequacy status for transportation conformity purposes— Washington, 4118-4119 05-1632 Environmental statements; availability, etc.:

Agency statements— Weekly receipts, 4119-4120 05-1635 Meetings: Local Government Advisory Committee, 4120 05-1647 Scientific Counselors Board, 4120-4122 05-1631 Toxic and hazardous substances control: New chemicals— Receipt and status information, 4122-4126 05-1637 Executive Executive Office of the President See Management and Budget Office See Science and Technology Policy Office Export Export-Import Bank NOTICES Meetings; Sunshine Act, 4126 05-1727 FAA Federal Aviation Administration RULES Airworthiness directives:

Raytheon; correction, 4191 C5-716 Class E airspace; correction, 4191 C5-971 Standard instrument approach procedures, 4010-4012 05-1411 PROPOSED RULES Airworthiness directives: Boeing, 4048-4054 05-1584 05-1586 05-1587 McDonnell Douglas, 4055-4058 05-1588 NOTICES Airport noise compatibility program: Jackson International Airport; MS, 4186 05-1564 Reports and guidance documents; availability, etc.: Air Traffic Moderinization Cost-Share Program; program guidance, 4186-4190 05-1565 FCC Federal Communications Commission RULES Radio stations; table of assignments:

Indiana, 4038-4039 05-1604 Oklahoma, 4037 05-1605 Pennsylvania, 4038 05-1606 Federal Emergency Federal Emergency Management Agency NOTICES Agency information collection activities; proposals, submissions, and approvals, 4137 05-1571 Disaster and emergency areas: Indiana, 05-1568 4138 05-1569 Ohio, 4138-4139 05-1570 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 4115-4117 E5-315 Federal Transit Federal Transit Administration PROPOSED RULES School bus operations: tripper service; definition; withdrawn, 4081-4083 05-1644 Food Food and Drug Administration NOTICES Human drugs:

New drug applications— High Chemical Co., et al.; proposal to withdraw approval, 4134-4135 05-1656 Meetings: Antiviral Drugs Advisory Committee, 4136 05-1578 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 4086-4087 05-1616 Food Food Safety and Inspection Service PROPOSED RULES Regulatory Flexibility Act: Section 610 requirements; regulations review plan; amendment, 4047-4048 05-1613 NOTICES Meetings: Codex Alimentarius Commission— Food Additives and Contaminants Codex Committee, 4087-4089 05-1612 Forest Forest Service NOTICES Jurisdictional transfers:

Kisatchie National Forest, LA; interchange with Fort Polk Military Reservation, 4089-4090 05-1623 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 4096-4097 05-1576 05-1577 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Vital and Health Statistics National Committee, 4126 05-1619 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.: Homeless assistance; excess and surplus Federal properties, 4139 05-1453 Interior Interior Department See Land Management Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Income taxes:

New markets tax credit; correction, 4012-4013 05-1551 05-1552 PROPOSED RULES Income taxes: Relative values of optional forms of benefit; disclosure, 4058-4061 05-1553 NOTICES Meetings: Taxpayer Advocacy Panels, 4190 05-1554 International International Trade Administration NOTICES Antidumping: Frozen fish fillets from— Vietnam, 4092-4093 E5-339 Antidumping and countervailing duties: Five year (sunset) reviews— Initiation of reviews; correction, 4092 E5-338 North American Free Trade Agreement (NAFTA); binational panel reviews:

Softwood lumber products from— Canada, 05-1617 4093-4094 05-1618 International International Trade Commission NOTICES Import investigations: Sebacic acid from— China, 4150 05-1655 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Justice Programs Office Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 4151 05-1581 Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Closure of public lands:

California, 4139 05-1594 Committees; establishment, renewal, termination, etc.: Steens Mountian Advisory Council, 4139-4140 05-1596 Environmental statements; availability, etc.: Northeast National Petroleum Reserve, AK; integrated activity plan, 4140-4141 05-1730 Oil and gas leases: Utah, 4141 05-1593 Wyoming, 05-1597 4142 05-1598 Opening of public lands: Montana, 4142 05-1603 Oregon, 4142-4143 05-1595 Practice and procedure: Credit and debit card payments; transaction limit, 4143 05-1592 Realty actions; sales, leases, etc.:

Nevada, 4143-4145 05-1600 05-1601 05-1602 Oregon, 4145 05-1590 Resource management plans, etc.: Little Snake Field Office, CO, 4145-4146 05-1591 Sierra County et al., NM; White Sands planning area, 4146-4147 05-1567 Management Management and Budget Office NOTICES Designated Federal Entities and Federal Entities; list, 4157-4158 05-1641 Reports and guidance documents; availability, etc.: Research and research-related grants; terms and conditions; policy issuance directive, 4159-4161 05-1643 NASA National Aeronautics and Space Administration NOTICES Federal Acquisition Regulation (FAR):

Agency information collection activities; proposals, submissions, and approvals, 4096-4097 05-1576 05-1577 Meetings: Nuclear Systems Strategic Roadmap Committee, 4152-4153 05-1549 Space Science Advisory Committee, 4153 05-1547 Sun-Solar System Connection Strategic Roadmap Committee, 4153 05-1548 Patent licenses; non-exclusive, exclusive, or partially exclusive: Barton Medical Imaging, LLC, 4153-4154 05-1546 Lake Shore Cryotronics, Inc., 4154 05-1545 National Credit National Credit Union Administration RULES Credit unions:

Conversion of insured credit unions to mutual savings banks; information disclosure, 4005-4010 05-1167 NIH National Institutes of Health PROPOSED RULES Fellowships, internships, training: Pediatric research training grants, 4080-4081 05-1621 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 4039-4040 05-1611 Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico and South Atlantic coastal migratory pelagic resources, 4039 05-1610 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Big Thicket National Preserve, TX, 4147-4148 05-1573 Environmental statements; notice of intent: Bureau of Mines, Twin Cities Research Center Main Campus, MN; disposition, 4148 05-1572 National Science National Science Foundation NOTICES Meetings: Equal Opportunities in Science and Engineering Advisory Committee, 4154 05-1640 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Energy Department, 4154-4157 05-1575 Office Office of Management and Budget See Management and Budget Office Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Humboldt Project, NV, 4149 05-1636 Science Science and Technology Policy Office NOTICES Reports and guidance documents; availability, etc.: Research and research-related grants; terms and conditions; policy issuance directive, 4159-4161 05-1643 SEC Securities and Exchange Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 4161-4163 E5-321 E5-322 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 4163-4165 E5-317 Chicago Board Options Exchange, Inc., 4165-4167 E5-318 Fixed Income Clearing Corp., 4167-4169 E5-316 National Association of Securities Dealers, Inc., 4169-4171 E5-320 New York Stock Exchange, Inc., 4171-4173 E5-319 Pacific Exchange, Inc., 4173-4178 E5-325 E5-326 E5-327 Philadelphia Stock Exchange, Inc., 4178-4185 E5-323 E5-324 SBA Small Business Administration NOTICES Small business size standards:

Nonmanufacturer rule; waivers— Petroleum and coal products manufacturing, 4185 05-1585 State State Department NOTICES Foreign terrorists and terrorist organizations; designation: Kahane.net; revocation as alias, 05-1607 4185-4186 05-1608 05-1609 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 4136-4137 05-1583 Transportation Transportation Department See Federal Aviation Administration See Federal Transit Administration PROPOSED RULES Air travel; nondiscrimination on basis of disability:

Regulation update, reorganization, and clarification; statutory requirement to cover foreign air carriers, 4058 05-1562 Treasury Treasury Department See Internal Revenue Service Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 4193-4585 05-1321 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 4587-4741 05-1322 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. 70 18 Friday, January 28, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 04-130-1] Asian Longhorned Beetle; Addition to Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the Asian longhorned beetle regulations by adding portions of Middlesex and Union Counties, NJ, to the list of quarantined areas and restricting the interstate movement of regulated articles from those areas. This action is necessary to prevent the artificial spread of the Asian longhorned beetle into noninfested areas of the United States. DATES: This interim rule was effective January 24, 2005. We will consider all comments that we receive on or before March 29, 2005.

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. 04-130-1, 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. 04-130-1. • *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. 04-130-1” on the subject line. • *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: Mr. Michael B. Stefan, Director of Emergency Programs, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-7338. SUPPLEMENTARY INFORMATION: Background The Asian longhorned beetle (ALB, *Anoplophora glabripennis* ), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of hardwood trees. It attacks many healthy hardwood trees, including maple, horse chestnut, birch, poplar, willow, and elm. In addition, nursery stock, logs, green lumber, firewood, stumps, roots, branches, and wood debris of half an inch or more in diameter are subject to infestation. The beetle bores into the heartwood of a host tree, eventually killing the tree. Immature beetles bore into tree trunks and branches, causing heavy sap flow from wounds and sawdust accumulation at tree bases. They feed on, and over-winter in, the interiors of trees. Adult beetles emerge in the spring and summer months from round holes approximately three-eighths of an inch in diameter (about the size of a dime) that they bore through branches and trunks of trees. After emerging, adult beetles feed for 2 to 3 days and then mate. Adult females then lay eggs in oviposition sites that they make on the branches of trees. A new generation of ALB is produced each year. If this pest moves into the hardwood forests of the United States, the nursery, maple syrup, and forest product industries could experience severe economic losses. In addition, urban and forest ALB infestations will result in environmental damage, aesthetic deterioration, and a reduction in public enjoyment of recreational spaces. Addition to Quarantined Area The ALB regulations in 7 CFR 301.51-1 through 301.51-9 (referred to below as the regulations) restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of ALB to noninfested areas of the United States. Portions of the State of Illinois, a portion of Hudson County in the State of New Jersey, and portions of New York City and Nassau and Suffolk Counties in the State of New York are already designated as quarantined areas. On August 4, 2004, an ALB infestation was discovered in the Borough of Carteret in Middlesex County, NJ. Another ALB infestation was discovered in the City of Rahway, in Union County, NJ, on August 17, 2004. An additional ALB infestation was discovered in this area in late November 2004. Officials of the U.S. Department of Agriculture and officials of State, county, and city agencies in New Jersey are conducting intensive survey and eradication programs in the infested area, which includes sections of the City of Rahway and adjacent sections of the City of Linden in Union County and the Township of Woodbridge in Middlesex County. The State of New Jersey has quarantined the infested area and is restricting the intrastate movement of regulated articles from the quarantined area to prevent the further spread of ALB within that State. Federal regulations are necessary to restrict the interstate movement of regulated articles from the quarantined area to prevent the interstate spread of ALB. The regulations in § 301.51-3(a) provide that the Administrator of the Animal and Plant Health Inspection Service (APHIS) will list as a quarantined area each State, or each portion of a State, where ALB has been found by an inspector, where the Administrator has reason to believe that ALB is present, or where the Administrator considers regulation necessary because of its inseparability for quarantine purposes from localities where ALB has been found. Less than an entire State will be quarantined only if

(1)the Administrator determines that the State has adopted and is enforcing restrictions on the intrastate movement of regulated articles that are equivalent to those imposed by the regulations on the interstate movement of regulated articles and

(2)the designation of less than an entire State as a quarantined area will be adequate to prevent the artificial spread of ALB. In accordance with these criteria and the recent ALB findings described above, we are amending the list of quarantined areas in § 301.51-3(c) to include additional areas in Middlesex and Union Counties, NJ. The quarantined area is described in the rule portion of this document. Emergency Action This rulemaking is necessary on an emergency basis to help prevent the artificial spread of ALB 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. We are amending the regulations by adding portions of Middlesex and Union Counties, NJ, to the list of areas regulated for ALB and restricting the interstate movement of regulated articles from those areas. This action is necessary to prevent the artificial spread of ALB into noninfested areas of the United States. The Regulatory Flexibility Act

(RFA)requires that agencies consider the economic impact of their rules on small entities, *i.e.,* small businesses, organizations, and governmental jurisdictions. This interim rule modifies the area in New Jersey that is regulated for ALB by adding an area that encompasses parts of Middlesex and Union Counties. The businesses potentially affected by modifications to the ALB quarantined area are nurseries, arborists, tree removal services, firewood dealers, garden centers, landscapers, recyclers of waste material, and lumber and building material outlets. The newly quarantined area covers 12.1 square miles. Within that 12.1 square mile area, there are 10 firewood dealers, 50 landscapers and tree care companies, 3 private waste management companies, 3 developers/excavators, 1 wood recycler, and 1 garden center. While the size of those businesses is unknown, it is reasonable to assume that most would be classified as small entities, based on the U.S. Small Business Administration's size standards. There are also six governmental entities—two counties and four townships—within the 12.1 square mile area. Under the RFA, the term “small governmental jurisdiction” generally means cities, counties, townships, etc., with a population of less than 50,000. It is possible that some or all of the six governmental entities would qualify as small governmental jurisdictions. Entities, large or small, could be affected by the regulations in two ways. First, if an entity wishes to move regulated articles interstate from a quarantined area, that entity must either:

(1)Enter into a compliance agreement with APHIS for the inspection and certification of regulated articles to be moved interstate from the quarantined area; or

(2)present its regulated articles for inspection by an inspector and obtain a certificate or a limited permit, issued by the inspector, for the interstate movement of regulated articles. The inspections may be inconvenient, but they should not be costly in most cases, even for entities operating under a compliance agreement that would perform the inspections themselves. For those entities that elect not to enter into a compliance agreement, APHIS would provide the services of the inspector without cost. There is also no cost for the compliance agreement, certificate, or limited permit for the interstate movement of regulated articles. Second, there is a possibility that, upon inspection, a regulated article could be determined by the inspector to be potentially infested by ALB and, as a result, the inspector would not be able to issue a certificate. In this case, the entity's ability to move regulated articles interstate would be restricted. However, the affected entity could conceivably obtain a limited permit under the conditions of § 301.51-5(b). Whether an affected entity would be denied certificates as a result of inspections of regulated articles is unknown. However, because the newly regulated area is primarily urban, the entities located in that area are more likely to be receiving regulated articles from outside the quarantined area than they are to be shipping regulated articles interstate to nonquarantined areas. It is unlikely, therefore, that most entities located in the newly regulated area would be moving regulated articles that would require inspection in the first place. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would 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. 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 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 § 301.51-3, paragraph

(c)is amended by adding, in alphabetical order under the heading New Jersey, an entry for Middlesex and Union Counties to read as follows: § 301.51-3 Quarantined areas.

(c)* * * New Jersey *Middlesex and Union Counties.* That portion of the counties bounded by a line drawn as follows: Beginning at the intersection of St. Georges Avenue and Stiles Street; then east along Stiles Street to Elizabeth Avenue; then north on Elizabeth Avenue to Wood Avenue; then east on Wood Avenue to the east side of the New Jersey Turnpike right-of-way; then south along the east side of the New Jersey Turnpike right-of-way to Marshes Creek; then southeast along Marshes Creek to the Rahway River; then west along the south side of the Rahway River to Cross Creek; then south along Cross Creek through the wetlands to Peter J. Sica Industrial Drive; then east and south on Peter J. Sica Industrial Drive to Roosevelt Avenue (State Route 602); then west on Roosevelt Avenue to Port Reading Avenue (State Route 604); then west southwest on Port Reading Avenue to the Conrail railroad; then north and west along the Conrail railroad right-of-way to the NJ Transit railroad right-of-way; then north and northwest along the NJ Transit railroad right-of-way to the south branch of the Rahway River; then west along the south branch of the Rahway River to St. Georges Avenue; then north on St. Georges Avenue to the point of beginning. Done in Washington, DC, this 24th day of January 2005. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05-1615 Filed 1-27-05; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code