Unknown. Interim rule and request for comments

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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-2005-03-03.xml --- 70 41 Thursday, March 3, 2005 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Milk marketing orders: Mideast; hearing amendment, 10337 05-4176 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Natural Resources Conservation Service Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 10411-10412 05-4054 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Emerald ash borer, 10315-10318 05-4095 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Coast Guard Coast Guard PROPOSED RULES Drawbridge operations: Florida, 10349-10351 05-4129 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 05-4058 10354 05-4060 Corporation Corporation for National and Community Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 10364-10366 05-4151 05-4152 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 10366 05-4055 Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Alaska Native Education Program, 10366-10370 05-4106 Special education and rehabilitative services— Children with disabilities; technical assistance and dissemination to improve services and results, 10374-10378 05-4104 Disability and Rehabilitation Research Projects and Centers Program, 10378-10380 05-4105 Individuals with disabilities; technology and media services, 10370-10374 05-4103 State Personnel Development Grants Program, 10380-10386 05-4150 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 10413-10414 05-4082 Employment Employment Standards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 10414-10415 05-4081 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Meetings:

Environmental Management Site-Specific Advisory Board— Fernald Site, OH, 10387 05-4117 New Mexico, 10386-10387 05-4115 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Class E airspace, 10318-10319 05-4130 PROPOSED RULES Air traffic operating and flight rules, etc.: Charlotte, NC; proposed area navigation instrument flight Rules Terminal Transition Routes, 10346-10349 05-4138 Airworthiness directives:

Airbus, 10339-10344 05-4078 05-4079 Boeing, 10337-10339, 05-4073 10344-10346 05-4080 NOTICES Aeronautical land-use assurance; waivers: Pueblo Memorial Airport, CO, 10464 05-4137 Aircraft traffic operating and flight rules, etc.: Non-Directional Beacon

(NDB)Instrument Flight Procedures; proposed cancellation, 10464-10469 05-4135 Reports and guidance documents; availability, etc.: Consensus standards; light sport aircraft, 10470-10471 05-4136 FCC Federal Communications Commission PROPOSED RULES Radio stations; table of assignments: Florida, 10352 05-4114 Pennsylvania, 10351-10352 05-4113 NOTICES 2007 World Radiocommunication Conference Advisory Committee, 10401 05-4112 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 10388-10394 E5-834 E5-835 E5-836 Environmental statements; availability, etc.: Entrega Gas Pipeline, Inc.; meetings, 10394-10396 E5-892 Hydroelectric applications, 10396-10398 E5-888 E5-890 E5-891 *Applications, hearings, determinations, etc.:* Northern Natural Gas Co., 10387-10388 E5-889 FMC Federal Maritime Commission RULES Filing and service fees; revision, 10328-10332 05-4027 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Dallas Area Rapid Transit, 10471 05-4141 Hillsborough Area Regional Transit, 10471-10472 05-4140 New Jersey Transit, 10472 05-4139 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 10402 05-4066 Formations, acquisitions, and mergers, 10401-10402 05-4065 05-4154 Municipal bonds and coupons, State and local governments; noncash collection service withdrawal approval, 10402-10404 05-4110 Fish Fish and Wildlife Service NOTICES Meetings: North American Wetlands Conservation Council, 10406-10407 05-4061 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Alpine County, 10353 05-4074 Madison-Beaverhead, 10353 05-4071 GSA General Services Administration NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, submissions, and approvals, 10404 05-4126 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 10404-10406 05-4042 05-4045 05-4046 Indian Indian Affairs Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 10407 05-4039 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Arastafar, Kiarash, 10355-10356 05-4057 Chemical Industries Consolidated B.V., 10356-10357 05-4056 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau IRS Internal Revenue Service RULES Income taxes: Loss limitation rules, 10319-10327 05-3951 PROPOSED RULES Income taxes: Partnership interests; disguised sales Hearing; canceled, 10349 05-4142 NOTICES Committees; establishment, renewal, termination, etc.: Taxpayer Advocacy Panels, 10477-10478 05-4144 International International Trade Administration NOTICES Countervailing duties: Stainless steel plate in coils from— Italy, 10357-10358 E5-863 *Applications, hearings, determinations, etc.:* University of Pittsburgh, 10357 E5-861 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Justice Programs Office NOTICES Pollution control; consent judgments: Adam Bros. Farming Inc., 10411 05-4043 FTR, LP, et al., 10411 05-4044 Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 10412-10413 05-4052 05-4053 Labor Labor Department See Employee Benefits Security Administration See Employment Standards Administration Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.: Resource Advisory Councils— California, 10407-10408 05-4143 05-4146 Disclaimer of interest applications: Alaska, 10408-10409 05-4075 Meetings: Pinedale Anticline Working Group task groups, 10409 05-4041 Resource Advisory Councils— New Mexico, 10409 05-4067 Public land orders: Arizona, 10409-10410 05-4148 Utah, 10410 05-4149 Realty actions; sales, leases, etc.: Nevada, 10410 05-4147 Legal Legal Services Corporation RULES Legal assistance eligibility; maximum income guidelines, 10327-10328 05-4063 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts National Council, 10415-10416 05-4098 NOAA National Oceanic and Atmospheric Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 10358-10359 05-4059 Marine mammals: Taking and importation— Eastern North Pacific gray whales; Makah Tribe of Washington; moratorium limited waiver request, 10359 05-4048 Meetings: Mid-Atlantic Fishery Management Council, 10360 E5-840 North Pacific Fishery Management Council, 10360 E5-894 Privacy Act: Systems of records, 10360-10364 05-4108 05-4109 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 10416 05-4116 NRCS Natural Resources Conservation Service NOTICES Environmental statements; availability, etc.: Muddy Creek Salinity Control Project, Utah, 10353-10354 05-4125 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Southern Nuclear Operating Co., Inc., 10417-10418 05-4068 *Applications, hearings, determinations, etc.:* STP Nuclear Operating Co., et al.; correction, 10416-10417 05-4069 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous materials: Applications; exemptions, renewals, etc., 10472-10474 05-4155 Pipeline safety; waiver petitions: Columbia Gas Transmission, 10474-10475 05-4121 Northern Natural Gas Co., 10475-10476 05-4124 Postal Postal Rate Commission NOTICES Negotiated service agreements: HSBC North America Holdings, Inc., 10418-10420 05-4111 Presidential Presidential Documents PROCLAMATIONS *Special observances:* American Red Cross Month (Proc. 7871), 10481-10483 05-4321 ADMINISTRATIVE ORDERS Pakistan; waiver of coup-related sanctions (Presidential Determination) No. 2005-21 of February 15, 2005, 10313 05-4268 Research Research and Special Programs Administration RULES Pipeline safety: Operator qualifications, 10332-10336 05-4122 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Hilliard Lyons Growth Fund, Inc., 10420-10421 E5-851 Public Utility Holding Company Act of 1935 filings, 10422-10425 E5-853 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 10425-10439 E5-844 E5-845 Boston Stock Exchange, Inc., 10439-10442 E5-847 Chicago Board Options Exchange, Inc., 10442-10447 E5-833 Emerging Markets Clearing Corp., 10447 E5-842 International Securities Exchange, Inc., 10447-10449 E5-848 National Association of Securities Dealers, Inc. and New York Stock Exchange, Inc., 10451-10456 E5-850 New York Stock Exchange, Inc., 10449-10451 E5-846 E5-849 Social Social Security Administration NOTICES Privacy Act: Systems of records, 10456-10463 05-4094 State State Department NOTICES Meetings: Overseas Buildings Operations Industry Advisory Panel, 10463 05-4120 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Columbia Basin Railroad Co., Inc., 10476 05-4100 Georgia Central Railway, L.P., 10476-10477 05-4101 Railroad services abandonment: Union Pacific Railroad Co., 10477 05-4102 Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 10478 05-4127 Trade Trade Representative, Office of United States NOTICES Environmental statements; availability, etc.: U.S. - Andean Free Trade Agreement; environmental review, 10463-10464 05-4153 Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Pipeline and Hazardous Materials Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Three Rivers Holdings, LLC., 10478-10479 05-4077 Western Western Area Power Administration NOTICES Power rates: Parker-Davis Project et al., 10398-10401 05-4118 Separate Parts In This Issue Part II Executive Office of the President, Presidential Documents, 10481-10483 05-4321 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 41 Thursday, March 3, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 02-125-3] Emerald Ash Borer; Quarantined Areas AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the emerald ash borer regulations by adding areas in Indiana, Michigan, and Ohio to the list of areas quarantined because of emerald ash borer. As a result of this action, the interstate movement of regulated articles from those areas is restricted. This action is necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States. DATES: This interim rule was effective February 25, 2005. We will consider all comments that we receive on or before May 2, 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. 02-125-3, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 02-125-3. • *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 on the Internet at *http://www.aphis.usda.gov/ppd/rad/webrepor.html.* FOR FURTHER INFORMATION CONTACT: Ms. Deborah McPartlan, Operations Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-4387. SUPPLEMENTARY INFORMATION: Background The emerald ash borer

(EAB)*(Agrilus planipennis)* is a destructive wood-boring insect that attacks ash trees ( *Fraxinus* spp., including green ash, white ash, black ash, and several horticultural varieties of ash). The insect, which is indigenous to Asia and known to occur in China, Korea, Japan, Mongolia, the Russian Far East, Taiwan, and Canada, eventually kills healthy ash trees after it bores beneath their bark and disrupts their vascular tissues. Quarantined Areas The EAB regulations in 7 CFR 301.53-1 through 301.53-9 (referred to below as the regulations) restrict the interstate movement of regulated articles from quarantined areas to prevent the artificial spread of EAB to noninfested areas of the United States. Portions of the States of Indiana, Michigan, and Ohio are already designated as quarantined areas. Recent surveys conducted by inspectors of State, county, and city agencies and by inspectors of the Animal and Plant Health Inspection Service (APHIS) have revealed that infestations of EAB have occurred outside the quarantined areas in Michigan, Indiana, and Ohio. Specifically, infestations of EAB have been detected in Alcona, Antrim, Barry, Branch, Calhoun, Cheboygan, Clinton, Eaton, Emmet, Grand Traverse, Gratiot, Hillsdale, Ionia, Iosco, Kalkaska, Kent, Manistee, Midland, Oceana, Oscoda, Presque Isle, Saginaw, Saint Joseph, and Sanilac Counties, MI; Millgrove Township in Steuben County, IN; and in new areas of Fulton, Henry, and Lucas Counties, OH. Officials of the U.S. Department of Agriculture

(USDA)and officials of State, county, and city agencies in Indiana, Michigan, and Ohio are conducting intensive survey and eradication programs in the infested areas. Indiana, Michigan, and Ohio have quarantined the infested areas and have restricted the intrastate movement of regulated articles from the quarantined areas to prevent the spread of EAB within each State. However, Federal regulations are necessary to restrict the interstate movement of regulated articles from the quarantined areas to prevent the spread of EAB to other States. The regulations in § 301.53-3(a) provide that the Administrator of APHIS will list as a quarantined area each State, or each portion of a State, where EAB has been found by an inspector, where the Administrator has reason to believe that EAB is present, or where the Administrator considers regulation necessary because of its inseparability for quarantine enforcement purposes from localities where EAB has been found. Less than an entire State will be designated as a quarantined area only under certain conditions. Such a designation may be made if the Administrator determines that:

(1)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 the EAB. In accordance with these criteria and the recent EAB findings described above, we are amending § 301.53-3(c) to add portions of Alcona, Antrim, Barry, Branch, Calhoun, Cheboygan, Clinton, Eaton, Emmet, Grand Traverse, Gratiot, Hillsdale, Ionia, Iosco, Kalkaska, Kent, Manistee, Midland, Oceana, Oscoda, Presque Isle, Saginaw, Saint Joseph, and Sanilac Counties, MI; Millgrove Township in Steuben County, IN; and new areas of Fulton, Henry, and Lucas Counties, OH, to the list of quarantined areas. An exact description of the quarantined areas can be found in the rule portion of this document. Emergency Action This rulemaking is necessary on an emergency basis to help prevent the spread of EAB to noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. This emergency situation makes timely compliance with the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a regulatory flexibility analysis. 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 interim 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 § 301.53-3, paragraph

(c)is amended as follows: a. Under the heading Indiana, by revising the entry for Steuben County to read as set forth below. b. Under the heading Michigan, by revising the entries for Branch County, Calhoun County, Eaton County, Kent County, and Saginaw County, and by adding, in alphabetical order, entries for Alcona and Iosco Counties, Antrim, Grand Traverse, and Kalkaska Counties, Barry and Ionia Counties, Cheboygan and Presque Isle Counties, Clinton County, Emmet County, Gratiot County, Hillsdale County, Manistee County, Midland County, Oceana County, Oscoda County, Presque Isle County, Sanilac County, and St. Joseph County to read as set forth below. c. Under the heading Ohio, by revising the entries for Fulton County, Henry County, and Lucas County to read as set forth below. § 301.53-3 Quarantined areas.

(c)* * * Indiana *Steuben County.* Jamestown Township, Millgrove Township. Michigan *Alcona and Iosco Counties.* Cedar Lake/Van Etten area: That portion of the counties bounded by a line drawn as follows: Beginning at the intersection of Poor Farm Road and Kings Corner Road; then north on Poor Farm Road to Wissmiller Road; then east on Wissmiller Road to Cedar Lake Road; then north on Cedar Lake Road to Smith Road; then east on Smith Road to and across U.S. Highway 23, continuing east to the Lake Huron shoreline; then south along the Lake Huron shoreline to a point on the shoreline east of the intersection of Interlake Drive and Ridge Road; then west to Interlake Drive and continuing west on Interlake Drive to Loud Drive, then northwest on Loud Drive to Love Road; then north on Love Road to the point of beginning. *Antrim, Grand Traverse, and Kalkaska Counties.* Lake Skegemog/Torch Lake area: That portion of the counties bounded by a line drawn as follows: Beginning in Grand Traverse County at the intersection of Elk Lake Road and Michigan Route 72; then east on Michigan Route 72, crossing into Kalkaska County, to McNulty Hill Road NW.; then east on McNulty Hill NW. to Hill Road NW.; then east on Hill Road NW. to Way Road NW.; then north and northwest on Way Road NW. to Gillett Road NW.; then north on Gillett Road NW. to Valley Road NW.; then east on Valley Road NW. to Kellogg Road NW.; then north on Kellogg Road NW. to Plum Valley Road NW.; then west on Plum Valley Road NW. to Manley Road NW.; then north on Manley Road NW. to the Kalkaska/Antrim County line; then west along the Kalkaska/Antrim County line to the intersection of the Clearwater, Milton, and Helena Township lines; then northeast along the Helena/Milton Township line to a point due east of Ringler Road; then west from that point to Ringler Road and continuing west on Ringler Road to its western terminus; then due west from the terminus of Ringler Road to the Milton/Elk Rapids Township line; then south along the Milton/Elk Rapids Township line to the Antrim/Grand Traverse County line; then west along the Antrim/Grand Traverse County line to Elk Lake Road; then south on Elk Lake Road to the point of beginning. *Barry and Ionia Counties.* Lake Odessa area: That portion of the counties bounded by a line drawn as follows: Beginning at the intersection of Thompson Road and Bell Road; then south on Bell Road to its intersection with Vedder Road and Messer Road; then continuing south on Messer Road to Brown Road; then east on Brown Road to Usborne Road; then south on Usborne Road to Jordon Road; then east on Jordon Road to Martin Road; then north on Martin Road to its intersection with Vedder Road and Bliss Road; then continuing north on Bliss Road to Musgrove Highway; then west on Musgrove Highway to Jackson Road; then north on Jackson Road to Campbell Road; then west on Campbell Road to Nash Highway; then south on Nash Highway to Thompson Road; then west on Thompson Road to the point of beginning. *Branch County.* The entire county. *Calhoun County.* The entire county. *Cheboygan and Presque Isle Counties.* Forest Township area: That portion of the counties bounded by a line drawn as follows: Beginning at the intersection of Walters Road and Center Line Road; then south on Center Line Road to Clute Road; then east on Clute Road to Martins Grove; then south on Martins Grove to Schommer Road; then south on Schommer Road to its end then continuing south along an imaginary line to Post Road; then east on Post Road to Black River Road; then east on Black River Road to Canada Creek Road; then east on Canada Creek Road to Highway 634; then north and east on Highway 634 to Michigan Route 33; then northwest and north on Michigan Route 33 to 4 Mile Highway; then west on 4 Mile Highway to the Cheboygan/Presque Isle County line; then continuing west on an imaginary line to Walters Road; then west on Walters Road to the point of beginning. *Clinton County.* The entire county. *Eaton County.* The entire county. *Emmet County.* Petoskey area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of Pickerel Lake Road and Fletcher Road; then south on Fletcher Road to Atkins Road; then east and south on Atkins Road to Greenwood Road; then south and east on Greenwood Road to Russett Road; then south on Russett Road to King Road; then west and southwest on King Road to Evergreen Trail; then northwest and west on Evergreen Trail to River Road; then south on River Road to Gruler Road; then west on Gruler Road to U.S. Highway 131; then north on U.S. Highway 131 to Sheridan Street; then west on Sheridan Street to Eppler Road; then north on Eppler Road to Charlevoix Avenue, and continuing north on an imaginary line to Little Traverse Bay; then north and northeast along the shoreline of Little Traverse Bay to Bear Creek/Little Traverse Township line; then east along the Bear Creek/Little Traverse Township line to U.S. Highway 31; then southwest on U.S. Highway 31 to Graham Road; then east on Graham Road to Bellmer Road; then south on Bellmer Road to Pickerel Lake Road; then west on Pickerel Lake Road to the point of beginning. *Gratiot County.* The entire county. *Hillsdale County.* The entire county. *Kent County.* Kentwood/Wyoming/Grand Rapids area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of 36th Street SW. and Byron Center Avenue SW.; then east on 36th Street SW. to 36th Street SE.; then east on 36th Street SE. to Kalamazoo Avenue SE.; then south on Kalamazoo Avenue SE. to 68th Street SE.; then west on 68th Street SE. to 68th Street SW.; then west on 68th Street SW. to Burlingame Avenue SW.; then south on Burlingame Avenue SW. to 72nd Street SW.; then west on 72nd Street SW. to Byron Center Avenue SW.; then north on Byron Center Avenue SW. to the point of beginning. *Manistee County.* Tippy Dam area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of the Dickson, Maple Grove, and Marilla Township lines; then west along the Maple Grove/Dickson Township line to Clements Road; then south on Clements Road to Fife Springs Road; then east on Fife Springs Road to Dilling Road; then south and southeast on Dilling Road to River Road; then east and northeast on River Road to the Dickson/Marilla Township line; then west along the Dickson/Marilla Township line to the point of beginning. *Midland County.* Coleman area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of Shearer Road and East County Line Road; then south on East County Line Road to its end, then continuing south along the Midland/Isabella County line to Ruhle Road; then east on Ruhle Road to Coleman Road; then south on Coleman Road to McNally Road; then east on McNally Road to Castor Road; then north on Castor Road to Grant Street; then northwest on Grant Street to Barden Road; then northeast on Barden Road to Saginaw Road; then southeast on Saginaw Road to Michigan Route 18; then north on Michigan Route 18 to Shearer Road; then west on Shearer Road to the point of beginning. *Oceana County.* Pentwater Township, including the Village of Pentwater. *Oscoda County.* McKinley area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of Reber Road and Abbe Road; then east on Reber Road to Pearsall Road; the south and east on Pearsall Road to Barakel Trail; then east on Barakel Trail to Shear Lake Road; then south on Shear Lake Road to Miller Road, then continuing due south along an imaginary line to Old State Road; then west on Old State Road to McKinley Road; then west on McKinley Road to Abbe Road; then north on Abbe Road to the point of beginning. *Presque Isle County.* Ocqueoc Lake area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of Town Hall Highway and Thorne Road; then east on Town Hall Highway to Balch Road; then north on Balch Road to Beach Highway; then east on Beach Highway to U.S. Highway 23; then southeast on U.S. Highway 23 to Acorn Ridge Highway; then west on Acorn Ridge Highway to Brege Road; then south on Brege Road to its terminus; then due south from that point along an imaginary line to where Brege Road begins again; then south on Brege Road to Pomranke Highway; then west on Pomranke Highway to Dittmar Road; then continuing due west along an imaginary line to Roost Road; then north on Roost Road to its northern end; then continuing due north from that point to Shells Highway; then west on Shells Highway to Thorne Road; then north on Thorne Road to the point of beginning. *Saginaw County.* The entire county. *Sanilac County.*

(1)Brown City area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of Montgomery Road and Cade Road; then south on Cade Road to Wilcox Road; then east on Wilcox Road to Shephard Road; then north on Shephard Road to Montgomery Road; then west on Montgomery Road to the point of beginning.

(2)Sanilac Township area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of Walker Road and Ridge Road; then south on Ridge Road to Townsend Road; then west on Townsend Road to Wildcat Road; then south on Wildcat Road to Aitken Road; then east on Aitken Road to its terminus; then east to the Lake Huron shoreline; then north along the Lake Huron shoreline to a point on the shore due west of Walker Road; then west along an imaginary line to Walker Road; then west on Walker Road to the point of beginning. *St. Joseph County.* Nottawa/Colon area: That portion of the county bounded by a line drawn as follows: Beginning at the intersection of Prairie Corners Road and Bucknell Road; then south on Bucknell Road to Michigan Route 86; then east on Michigan Route 86 to Michigan Route 66, then continuing east on Bonham Road to Lepley Road; then north on Lepley Road to Spring Creek Road; then east on Spring Creek Road to Hodges Road; then north on Hodges Road to Colon Road; then west on Colon Road to Michigan Route 66; then north on Michigan Route 66 to Prairie Corners Road; then west on Prairie Corners Road to the point of beginning. Ohio *Fulton County.* That portion of the county east of State Route 109. *Henry County.* That portion of the county east of State Route 109 and north of the Maumee River. *Lucas County.* That portion of Lucas County west of the Maumee River. Done in Washington, DC, this 25th day of February 2005. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05-4095 Filed 3-2-05; 8:45 am]

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