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-2005-04-26.xml --- 70 79 Tuesday, April 26, 2005 Contents Agricultural Agricultural Marketing Service RULES Irish potatoes grown in— Idaho and Oregon, 21328-21330 05-8246 PROPOSED RULES Cotton classing, testing, and standards: Classification services to growers; 2005 user fees, 21342-21343 05-8373 NOTICES Globe artichokes; grade standards, 21391 05-8304 Lemons: grade standards, 21392 05-8305 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service NOTICES Privacy Act:

Systems of records, 21389-21391 05-8221 Air Force Air Force Department NOTICES Meetings: Scientific Advisory Board, 21400 05-8267 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic: Asian longhorned beetle, 21326-21328 05-8302 West Indian fruit fly, 21325-21326 05-8303 Antitrust Antitrust Division NOTICES National cooperative research notifications: DVD Copy Control Association, 21443 05-8255 Globus Consortium, Inc., 21443-21444 05-8253 North America Outdoors, Inc., 21444 05-8251 OpenIB, Inc., 21444 05-8252 Semiconductor Test Consortium, Inc., 21444 05-8254 Army Army Department See Engineers Corps NOTICES Environmental statements; availability, etc.:

Ft. Belvoir, VA, 21400-21401 05-8284 Reports and guidance documents; availability, etc.: Families First Business Rules, 21401 05-8282 Coast Guard Coast Guard RULES Regattas and marine parades: Annapolis Yacht Club Boat Parade, 21335 05-8260 U.S. Naval Academy Crew Races, 21335-21337 05-8261 PROPOSED RULES Outer Continental Shelf activities: Gulf of Mexico; safety zone, 21378-21380 05-8262 Regattas and marine parades: Annual Offshore Super Series Boat Race, 21376-21378 05-8263 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, 21392-21393 05-8312 05-8313 05-8314 05-8315 05-8316 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Vietnam, 21398 E5-1977 Textile and apparel categories: Caribbean Basin Trade Partnership Act; commercial availability— Woven fabric; boy's suits, trousers, and suit-type jackets or blazers, 21398-21399 E5-1978 Chinese imports; safeguard actions, 21399-21400 E5-1976 Defense Defense Department See Air Force Department See Army Department See Engineers Corps See Navy Department Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 21403-21405 05-8300 05-8301 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.:

Workforce Investment Act— National Farmworker Jobs Program, 21580-21606 05-8366 05-8367 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board— Idaho National Engineering and Environmental Laboratory, 21405 05-8290 Oak Ridge Reservation, 21405 05-8291 Energy Energy Information Administration NOTICES Reports and guidance documents; availability, etc.: Weekly Natural Gas Storage Report; unscheduled release of revisions policy, 21406-21408 05-8298 Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Brevard County, FL; Mid-Reach shore protection project, 21401-21402 05-8283 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States: Guam; correction, 21496 C5-7806 Maryland, 21337-21340 05-8317 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Maryland, 21387-21388 05-8318 Pennsylvania, 21380-21387 05-8323 05-8324 NOTICES Agency information collection activities; proposals, submissions, and approvals, 21408-21410 05-8320 Water pollution control:

Clean Water Act and Safe Drinking Water Act— Proposed penalty orders; Region 5 notices issued via Internet, 21410-21411 05-8319 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Air carrier certification and operations: Transport category airplanes— Flightdeck door reinforcement; security considerations, 21562-21570 05-8259 Front row passenger seats; acceptable compliance methods, 21343-21344 05-8136 Airworthiness directives:

Dornier, 21344-21349 05-8271 05-8277 FCC Federal Communications Commission NOTICES Meetings; Sunshine Act, 21411 05-8407 Federal Energy Federal Energy Regulatory Commission RULES Practice and procedure: Commission issuances and proceedings; electronic notification and services, 21330-21332 05-8247 PROPOSED RULES Electric utilities (Federal Power Act): Open access transmission tariffs; intermittent generator imbalance service schedule, 21349-21361 05-8201 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent:

District of Columbia, 21491-21492 05-8330 Federal Housing Federal Housing Finance Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 21411-21430 05-8333 Fish Fish and Wildlife Service NOTICES Endangered and threatened species permit applications, 21439 05-8327 05-8329 Marine mammal permit applications, 21439-21440 05-8328 Forest Forest Service NOTICES Meetings: Lake Tahoe Basin Federal Advisory Committee, 21392 05-8270 GSA General Services Administration NOTICES Federal Travel:

Per diem— Various States, 21430 05-8242 Meetings: National Federal Fleet Manager Workshop and Information Fair (FedFleet 2005): Keeping in Tune, 21430 05-8292 Health Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Committees; establishment, renewal, termination, etc.: Minority Health Advisory Committee, 21430-21431 05-8250 Homeland Homeland Security Department See Coast Guard See National Communications System Housing Housing and Urban Development Department RULES Mortgages and loan insurance programs:

Single family mortgage insurance— Civil monetary penalties; treble damages for failure to engage in loss migration, 21572-21578 05-8334 PROPOSED RULES Manufactured home construction and safety standards: Model manufactured home installation standards, 21498-21559 05-7497 NOTICES Grants and cooperative agreements; availability, etc.: Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act— Disaster funds allocation; waiver modification and alternative requirements for disaster recovery grantees, 21437-21438 E5-1963 Reports and guidance documents; availability, etc.:

Alternative fuel vehicle report (2003 FY); web site availability, 21438-21439 E5-1962 Indian Indian Affairs Bureau NOTICES Tribal-State Compacts approval; Class III (casino) gambling: Seminole Nation, OK, 21440 05-8241 Industry Industry and Security Bureau NOTICES Export transactions: List of unverified persons in foreign countries, guidance to exporters as to “red flags“ (Supplement No. 3 to 15 CFR part 732); update, 21394-21395 05-8332 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service See Reclamation Bureau IRS Internal Revenue Service RULES Excise taxes:

Diesel fuel and kerosene; mechanical dye injection, 21332-21335 05-8236 PROPOSED RULES Excise taxes: Diesel fuel and kerosene; mechanical dye injection, 21361-21362 05-8235 International International Trade Administration NOTICES Antidumping: Carbon and certain alloy steel wire rod from— Ukraine, 21396-21397 E5-1980 Steel concrete reinforcing bars from— Latvia, 21397 E5-1979 Antidumping and countervailing duties: Administrative review requests, 21395-21396 E5-1981 Justice Justice Department See Antitrust Division See Juvenile Justice and Delinquency Prevention Office NOTICES Grants and cooperative agreements; availability, etc.:

Community Oriented Policing Services— Tribal Resources Program, 21442-21443 05-8239 Juvenile Juvenile Justice and Delinquency Prevention Office NOTICES Meetings: Juvenile Justice Advisory Committee, 21444-21445 05-8243 Juvenile Justice and Delinquency Prevention Coordinating Council, 21445-21446 05-8244 Labor Labor Department See Employment and Training Administration NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:

Penske Racing South, Inc., 21446 05-8337 Phoenix Systems International, Inc., 21446 05-8336 National Communications National Communications System NOTICES Meetings: National Security Telecommunications Advisory Committee, 21437 05-8289 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards: Exemption petitions, etc. Hankook Tire America Corp., 21493 05-8265 Workhorse Custom Chassis, 21492-21493 05-8264 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 21431-21434 05-8287 Meetings:

National Institute of Nursing Research, 21434 05-8288 Patent licenses; non-exclusive, exclusive, or partially exclusive: Mitos, Inc., 21435 05-8299 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Rock sole, flathead sole, and other flatfish, 21341 05-8309 Northeastern United States fisheries— Atlantic mackerel, squid, and butterfish, 21340-21341 05-8310 NOTICES Meetings: National Marine Fisheries Service, 21397-21398 E5-1969 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Denali National Park and Preserve, AK, 21440-21441 05-8308 Meetings: Kaloko-Honokohau National Historical Park Advisory Commission, 21441 05-8307 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 21402-21403 05-8269 05-8273 05-8274 Meetings: Chief of Naval Operations Executive Panel, 21403 05-8268 Nuclear Nuclear Regulatory Commission NOTICES Environmental statements; availability, etc.: Entergy Operations Inc., 21449 E5-1967 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 21449-21470 05-8166 *Applications, hearings, determinations, etc.:* Curtiss-Wright Electro-Mechanical Corp., 21446-21447 05-8266 Entergy Operations, Inc., 21447-21448 E5-1968 Personnel Personnel Management Office NOTICES Excepted service:

Schedules A, B, and C: positions placed or revoked, 21471-21474 05-8217 Presidential Presidential Documents ADMINISTRATIVE ORDERS Government agencies and employees: Intelligence information; designation of officers to classify as top secret (Order of April 21, 2005), 21607-21609 05-8485 Palestine Liberation Organization; waiver of statutory provisions (Presidential Determination) No. 2005-22 of April 14, 21611 05-8486 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Folsom Dam Road, CA; restricted access, 21441-21442 05-8238 SEC Securities and Exchange Commission NOTICES Public Utility Holding Company Act of 1935 filings, 21477-21480 05-8248 Self-regulatory organizations; proposed rule changes: Fixed Income Clearing Corporation, 21480-21481 E5-1974 National Association of Securities Dealers, Inc., 21481-21484 E5-1970 E5-1975 New York Stock Exchange, Inc., 21484-21485 E5-1965 Options Clearing Corp., 21485-21488 E5-1971 E5-1972 Pacific Exchange, Inc., 21488-21491 E5-1964 *Applications, hearings, determinations, etc.:* UBS Supplementary Trust, et al., 21474-21477 E5-1973 State State Department NOTICES Meetings:

U.S. National Commission for UNESCO, 21491 05-8306 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 21435-21436 05-8275 05-8278 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 21494-21495 05-8281 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office PROPOSED RULES Currency and foreign transactions; financial reporting and recordkeeping requirements:

Bank Secrecy Act; implementation— Multibanka; special measure imposition due to designation as institution of primary money laundering concern, 21362-21369 05-8279 VEF Banka; special measure imposition due to designation as institution of primary money laundering concern, 21369-21376 05-8280 NOTICES Meetings: Federal Tax Reform, President's Advisory Panel, 21493 05-8389 Separate Parts In This Issue Part II Housing and Urban Development Department, 21498-21559 05-7497 Part III Transportation Department, Federal Aviation Administration, 21562-21570 05-8259 Part IV Housing and Urban Development Department, 21572-21578 05-8334 Part V Labor Department, Employment and Training Administration, 21580-21606 05-8366 05-8367 Part VI Executive Office of the President, Presidential Documents, 21607-21609, 21611 05-8485 05-8486 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 79 Tuesday, April 26, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 04-127-1] West Indian Fruit Fly; Regulated Articles AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments. SUMMARY: We are amending the West Indian fruit fly regulations by removing grapefruit, sweet lime, sour orange, and sweet orange from the list of regulated articles. A review of available scientific literature and other information has led us to conclude that these citrus fruits do not present a risk of spreading West Indian fruit fly. This action eliminates restrictions on the interstate movement of these citrus fruits from areas quarantined because of the West Indian fruit fly.

DATES: This interim rule is effective April 26, 2005. We will consider all comments that we receive on or before June 27, 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. 04-127-1, 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. 04-127-1. • 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: Mr. Wayne D. Burnett, National Program Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-4387. SUPPLEMENTARY INFORMATION: Background The West Indian fruit fly, *Anastrepha obliqua* (Macquart), is a very destructive pest of fruits and vegetables, including carambola, guava, mangoes, passion fruit, peaches, and pears. This pest can cause serious economic losses by lowering the yield and quality of these fruits and vegetables. Heavy infestations can result in complete loss of these crops. The West Indian fruit fly regulations, contained in 7 CFR 301.98 through 301.98-10 (referred to below as the regulations), restrict the interstate movement of regulated articles from quarantined areas to prevent the spread of West Indian fruit fly to noninfested areas of the United States. Regulated articles are listed in § 301.98-2, and quarantined areas are listed in § 301.98-3(c). There are currently no areas in the continental United States quarantined for the West Indian fruit fly. Currently, the list of regulated articles includes four citrus fruits: Grapefruit, sweet lime, sour orange, and sweet orange. When we established the regulations in 2001 (see 66 FR 6429-6436), we included these citrus fruits on the list after considering the information contained in the literature available to us at the time. However, we have recently concluded, based on an analysis of the scientific literature, interception records, and identification of larvae in fruits from Mexico intercepted at border stations in California and Texas, that West Indian fruit fly has a low likelihood of infesting *Citrus* spp. Our analysis is documented in a report titled “Host Status of *Citrus* spp. for *Anastrepha obliqua* (Diptera: Tephritidae),” which may be viewed on the Internet at *http://www.aphis.usda.gov/ppq/ep/ff/.* The report may also be viewed on the EDOCKET Web site ( *see* ADDRESSES above for instruction for accessing EDOCKET). Based on the conclusions and recommendations of the analysis described above, we are amending the regulations by removing grapefruit, sweet lime, sour orange, and sweet orange from the list of regulated articles in § 301.98-2(b)(1). By making this change, this interim rule lifts restrictions on these fruits that no longer appear to be necessary. This change will not affect any current program operations, as there are no areas in the continental United States under quarantine for the West Indian fruit fly at this time. However, current State and Federal cooperative emergency preparedness action plans focusing on the West Indian fruit fly may need to be modified to amend host lists. Immediate Action Immediate action is warranted to relieve restrictions that no longer appear to be necessary on the interstate movement of grapefruit, sweet lime, sour orange, and sweet orange from areas quarantined because of West Indian fruit fly. 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 action 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 For this action, the Office of Management and Budget has waived its review under Executive Order 12866. The Animal and Plant Health Inspection Service is removing grapefruit, sweet lime, sour orange, and sweet orange from the list of regulated articles in 7 CFR 301.98-2(b). Currently, the regulations restrict the interstate movement of these commodities from areas quarantined because of West Indian fruit fly. The Regulatory Flexibility Act requires that agencies consider the economic impact of their rules on small entities. The Small Business Administration

(SBA)has established size standards for determining which economic entities are considered small. Entities that could potentially be affected by this rule include orange, sweet lime, and grapefruit growers. Growers of these fruits are considered small businesses by the SBA if their annual receipts are not more than $750,000. According to the 2002 Census of Agriculture, 18,927 farms in the United States were growing the affected commodities for a total production value of $1,830 million. About 98 percent of these farms were considered small, and large growers accounted for 54 percent of production. Currently, no States or counties are quarantined for West Indian fruit fly. Therefore, the rule would have no impact on any potentially affected entity or on the supply or price of commodities. Instead, the rule will simply update the regulation. 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 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 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). § 301.98-2 [Amended] 2. In § 301.98-2, the list in paragraph (b)(1) is amended by removing the entries for “Grapefruit ( *Citrus paradisi* )”, “Lime, sweet ( *Citrus aurantifolia* )”, “Orange, sour ( *Citrus aurantium* )”, and “Orange, sweet ( *Citrus sinensis* )”. Done in Washington, DC, this 20th day of April 2005. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05-8303 Filed 4-25-05; 8:45 am]

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