Unknown. Interim rule and request for comments

6,124 words·~28 min read·/register/2005/12/13/05-23995

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-2005-12-13.xml --- 70 238 Tuesday, December 13, 2005 Contents Actuaries Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agency Agency for Toxic Substances and Disease Registry NOTICES Superfund program: Substance-Specific Applied Research Program; status update; republication, 73749-73773 R5-23361 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 73720-73721 05-23947 American American Battle Monuments Commission NOTICES Senior Executive Service Performance Review Board; membership, 73726 E5-7257 Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Karnal bunt, 73553-73556 05-23995 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 73773-73775 E5-7260 Centers Centers for Medicare & Medicaid Services RULES Medicare: Medicare Part B services (other than physician services); application of inherent reasonableness payment policy, 73623-73634 05-24020 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Community Community Development Financial Institutions Fund RULES Grants:

Community Development Financial Institutions Program, 73887-73898 05-23751 NOTICES Grants and cooperative agreements; availability, etc.: Bank Enterprise Award Program, 73899 05-23749 Community Development Financial Institutions Program, 73866-73877 05-23750 Native American— Assistance Program, 73877-73886 05-23748 Comptroller Comptroller of the Currency NOTICES Agency information collection activities; proposals, submissions, and approvals, 73745-73747 E5-7276 Customs Customs and Border Protection Bureau NOTICES Customhouse broker license cancellation, suspension, etc.

A.P. Champagne Co., Inc., et al., 73783 05-23990 Diaz & Flores, Inc., et al., 73783 05-23988 Grizzard, Bernell W., 73783-73784 05-23991 Torres, Gaspar F., et al., 73784 05-23989 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Disability and Rehabilitation Research Projects and Centers Program, 73738-73741 05-23937 EPA Environmental Protection Agency RULES Air programs: Stratospheric ozone protection— Methyl bromide; critical use exemption process; supplemental request, 73604-73618 05-23971 Air programs;

State authority delegations: Oklahoma, 73595-73604 05-23970 Water pollution; effluent guidelines for point source categories: Iron and steel manufacturing, 73618-73623 05-23973 PROPOSED RULES Air programs; State authority delegations: Oklahoma, 73675-73676 05-23969 Semi-annual agenda Correction, 73676 E5-7274 NOTICES Agency information collection activities; proposals, submissions, and approvals, 73741-73744 05-23974 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives:

BAE Systems (Operations) Ltd., 73583-73585 05-23830 Dassault, 73577-73579 05-23829 Rolls-Royce plc, 73576-73577 05-23834 Turbomeca, 73579-73583 05-23831 Airworthiness standards: Special conditions— Boeing Model 737-200/200C/300/400/500/600/700/700C/800/900 series airplanes, 73561-73576 05-23936 Sabreliner Model NA-265-60 airplanes, 73559-73561 05-23935 Standard instrument approach procedures, 73585-73587 05-23851 PROPOSED RULES Airworthiness directives: Aerospatiale, 73671-73674 05-23953 BAE Systems (Operations) Ltd., 73665-73668 05-23955 Boeing, 73663-73665 05-23956 Empresa Brasileira de Aeronautica S.A.

(EMBRAER), 73668-73671 05-23954 Meetings: Washington, DC, Metropolitan Area Special Flight Rules Area, 73674-73675 05-23982 NOTICES Technical standard orders: Cargo restraint strap assemblies, 73817 05-23934 FDIC Federal Deposit Insurance Corporation PROPOSED RULES Deposit insurance coverage; large-bank deposit insurance determination modernization proposal, 73652-73663 05-23986 NOTICES Agency information collection activities; proposals, submissions, and approvals, 73745-73747 E5-7276 Federal Emergency Federal Emergency Management Agency RULES Flood elevation determinations:

Various States, 73634-73645 05-23950 PROPOSED RULES Flood elevation determinations: Various States, 73677-73699 05-23949 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 73744-73747 E5-7276 Banks and bank holding companies: Formations, acquisitions, and mergers, 73747 E5-7262 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Thread-leaved brodiaea, 73820-73863 05-23693 PROPOSED RULES Endangered and threatened species:

Critical habitat designations— Laguna Mountains skipper, 73699-73717 05-23691 Food Food and Drug Administration NOTICES Human drugs: World Health Organization— Narcotic drugs; international drug scheduling; Psychotropic Substances Convention, 73775-73779 05-23958 Forest Forest Service NOTICES Meetings: California Coast Province Advisory Committee, 73721-73722 05-23952 Reports and guidance documents; availability, etc.: National Environmental Policy Act; implementation— Oil and gas exploration and development activities; documentation: categorical exclusion, 73722-73726 05-23983 GSA General Services Administration NOTICES Federal Travel:

Federal Travel Regulation bulletin 05-08; travel charge card policies and guidance, 73747 E5-7259 GIPSA Grain Inspection, Packers and Stockyards Administration RULES High quality specialty grains transported in containers; export inspection and weighing waiver, 73556-73559 05-23911 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Agency information collection activities; proposals, submissions, and approvals, 73747-73749 E5-7252 Homeland Homeland Security Department See Customs and Border Protection Bureau See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 73784-73785 E5-7244 Grant and cooperative agreement awards:

Fair Housing Initiatives Program, 73785-73787 E5-7268 Mortgage and loan insurance programs: HUD-held unsubsidized multifamily and healthcare loan sale, 73787-73788 E5-7269 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau International International Trade Administration NOTICES Antidumping: Stainless steel bar from— India, 73726-73727 E5-7275 Stainless steel butt-weld pipe fittings from— Taiwan, 73727-73729 E5-7278 Stainless steel sheet and strip in coils from— Germany, 73729-73731 E5-7281 Export trade certificates of review, 73731-73732 E5-7273 International International Trade Commission NOTICES Import investigations:

Welded stainless steel pipe from— Korea and Taiwan [ **Editorial Note:** This document, published at 70 FR 73452 in the **Federal Register** of Monday, December 12, 2005, was erroneously listed under International Trade Administration in that issue's table of contents.] Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Actuarial Examinations Advisory Committee, 73720 E5-7246 Labor Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental statements; notice of intent:

Colorado, Utah, and Wyoming; BLM-administered lands; oil shale and tar sands resources leasing, 73791-73792 05-23976 Meetings: Resource Advisory Committees— Roseburg District, 73793 05-23874 Public land orders: Colorado, 73793 E5-7255 Resource management plans, etc.: Price Field Office planning area, UT, 73788-73790 E5-7254 Vernal Field Office planning area, UT, 73790 E5-7253 Withdrawal and reservation of lands: Wyoming, 73792 E5-7240 National Credit National Credit Union Administration NOTICES Meetings;

Sunshine Act, 73799-73800 05-24005 National Crime National Crime Prevention and Privacy Compact Council RULES National Fingerprint File Program: Qualification requirements, 73587 05-23948 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 73779-73781 E5-7250 Meetings: National Institute of Mental Health, 73781-73782 05-23942 Scientific Review Center, 73782-73783 05-23943 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

Northeastern United States fisheries— American lobster, 73717-73719 05-23984 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— San Nicolas Island, Ventura County, CA; black abalone research surveys; California sea lions, etc., 73732-73737 05-23985 National Park National Park Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 73793-73794 05-23967 Environmental statements; availability, etc.: Lincoln Boyhood National Memorial, IN, 73794-73795 E5-7266 Rock Creek Park and Rock Creek and Potomac Parkway, Washington, DC, 73795-73796 05-23966 Environmental statements; notice of intent:

Arches National Park, UT; transportation plan, 73796 E5-7267 National Telecommunications National Telecommunications and Information Administration NOTICES Grants and cooperative agreements; availability, etc.: Public Telecommunications Facilities Program, 73737-73738 05-23992 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 73800 05-24030 Nuclear Nuclear Regulatory Commission NOTICES Petitions; Director's decisions: FirstEnergy Nuclear Operating Co. et. al., 73801-73802 E5-7270 Reports and guidance documents; availability, etc.:

Completion times for inoperable containment isolation valves at General Electric plants using consolidated line item improvement process, 73802-73809 E5-7272 *Applications, hearings, determinations, etc.:* Entergy Louisiana, Inc., et al., 73800-73801 E5-7271 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.: TUV Product Services GmbH, 73798-73799 E5-7261 Personnel Personnel Management Office PROPOSED RULES Administrative Law Judge Program; revision, 73646-73652 05-23930 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Human Rights Day, Bill of Rights Day, and Human Rights Week, 73901-73904 05-24060 Presidio Presidio Trust RULES Debt collection, 73587-73595 05-23951 Reclamation Reclamation Bureau NOTICES Public conservation and recreation areas:

Keyhole and Sundance Boat Clubs, Keyhole Reservoir, WY; non-renewal of permits, 73796-73798 E5-7256 SEC Securities and Exchange Commission NOTICES Securities Exchange Act : Broker-dealers; financial statement requirements, 73809-73810 E5-7264 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 73810-73811 05-23946 Pacific Exchange, Inc., 73811-73815 E5-7263 *Applications, hearings, determinations, etc.:* Sony Corp., 73809 E5-7265 Social Social Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 73815-73817 E5-7242 Surface Surface Transportation Board NOTICES Railroad services abandonment:

Minnesota Commercial Railway Co., 73817-73818 05-23931 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Community Development Financial Institutions Fund See Comptroller of the Currency Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 73820-73863 05-23693 Part III Treasury Department, Community Development Financial Institutions Fund, 73866-73898 05-23751 Part IV Executive Office of the President, Presidential Documents, 73901-73904 05-24060 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. 70 238 Tuesday, December 13, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 05-078-1] Karnal Bunt; Addition and Removal of Regulated Areas in Arizona AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the Karnal bunt regulations to make changes to the list of areas or fields regulated because of Karnal bunt, a fungal disease of wheat. We are adding certain areas in Maricopa and Pinal Counties, AZ, to the list of regulated areas either because they were found during surveys to contain a bunted wheat kernel, or because they are within the 3-mile-wide buffer zone around fields or areas affected with Karnal bunt.

We are also removing certain areas or fields in Maricopa County, AZ, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. These actions are necessary to prevent the spread of Karnal bunt to noninfected areas of the United States and to relieve restrictions on certain areas that are no longer necessary. DATES: This interim rule is effective December 7, 2005. We will consider all comments that we receive on or before February 13, 2006.

ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to *http://www.regulations.gov* and, in the “Search for Open Regulations” box, select “Animal and Plant Health Inspection Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select APHIS-2005-0110 to submit or view public comments and to view supporting and related materials available electronically. After the close of the comment period, the docket can be viewed using the “Advanced Search” function in Regulations.gov. • Postal Mail/Commercial Delivery:

Please send four copies of your comment (an original and three copies) to Docket No. 05-078-1, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.08, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 05-078-1. *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:* Additional information about APHIS and its programs is available on the Internet at *http://www.aphis.usda.gov* . FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Karnal Bunt Program Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-3769. SUPPLEMENTARY INFORMATION: Background Karnal bunt is a fungal disease of wheat ( *Triticum aestivum* ), durum wheat ( *Triticum durum* ), and triticale ( *Triticum aestivum* X *Secale cereale* ), a hybrid of wheat and rye. Karnal bunt is caused by the smut fungus *Tilletia indica* (Mitra) Mundkur and is spread primarily through the movement of infected seed. Some countries in the international wheat market regulate Karnal bunt as a fungal disease requiring quarantine; therefore, without measures taken by the Animal and Plant Health Inspection Service (APHIS), United States Department of Agriculture, to prevent its spread, the presence of Karnal bunt in the United States could have significant consequences with regard to the export of wheat to international markets. Upon detection of Karnal bunt in Arizona in March of 1996, Federal quarantine and emergency actions were imposed to prevent the interstate spread of the disease to other wheat producing areas in the United States. The quarantine continues in effect, although it has since been modified, both in terms of its physical boundaries and in terms of its restrictions on the production and movement of regulated articles from regulated areas. The regulations regarding Karnal bunt are set forth in 7 CFR 301.89-1 through 301.89-16 (referred to below as the regulations). The regulations in § 301.89-3(e) provide that we will classify a field or area as a regulated area when it is: • A field planted with seed from a lot found to contain a bunted wheat kernel; • A distinct definable area that contains at least one field that was found during survey to contain a bunted wheat kernel. The distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the areas's proximity to a field found during survey to contain a bunted kernel; or • A distinct definable area that contains at least one field that has been determined to be associated with grain at a handling facility containing a bunted kernel of a host crop. The distinct definable area may include an area where Karnal bunt is not known to exist but where intensive surveys are required because of the area's proximity to the field associated with the bunted kernel at the handling facility. The boundaries of distinct definable areas are determined using the criteria in paragraphs

(b)through

(d)of § 301.89-3, which provide for the regulation of less than an entire State, the inclusion of noninfected acreage in a regulated area, and the temporary designation of nonregulated areas as regulated areas. Paragraph

(c)of § 301.89-3 states that the Administrator may include noninfected acreage within a regulated area due to its proximity to an infestation or inseparability from the infected locality for regulatory purposes, as determined by: • Projections of the spread of Karnal bunt along the periphery of the infestation; • The availability of natural habitats and host materials within the noninfected acreage that are suitable for establishment and survival of Karnal bunt; and • The necessity of including noninfected acreage within the regulated area in order to establish readily identifiable boundaries. When we include noninfected acreage in a regulated area for one or more of the reasons previously listed, the noninfected acreage, along with the rest of the acreage in the regulated area, is intensively surveyed. Negative results from surveys of the noninfected acreage provide assurance that all infected acreage is within the regulated area. In effect, the noninfected acreage serves as a buffer zone between fields or areas affected with Karnal bunt and areas outside of the regulated area. Under the regulations in § 301.89-3(f), a field known to have been infected with Karnal bunt, as well as any non-infected acreage surrounding the field, will be released from regulation if: • The field is no longer being used for crop production; or • Each year for a period of 5 consecutive 1 years, the field is subjected to any one of the following management practices (the practice used may vary from year to year):

(1)Planted with a cultivated non-host crop,

(2)tilled once annually, or

(3)planted with a host crop that tests negative, through the absence of bunted kernels, for Karnal bunt. 1 On October 5, 2005, we published a proposed rule in the **Federal Register** (70 FR 58084-58086; Docket 04-134-1) in which we proposed to, among other things, amend the regulations to refer to 5 cumulative years rather than 5 consecutive years. The regulations in § 301.89-3(g) describe the boundaries of the regulated areas in Arizona, California, and Texas. In this interim rule, we are amending § 301.89-3(g) by adding 5,215 acres (36 fields) in Maricopa County, AZ, and 5,085 acres (approximately 15 to 20 fields) in Pinal County, AZ, to the list of regulated areas either because the fields within those areas were found during detection and delineating surveys to contain a bunted wheat kernel, or because the fields within those areas fall within the 3-mile-wide buffer zone around fields affected with Karnal bunt. This action is necessary in order to help prevent the spread of Karnal bunt into noninfected areas of the United States. We are also removing 3,802 acres (37 fields) in Maricopa County, AZ, from the list of regulated areas based on our determination that these fields or areas are eligible for release from regulation under the criteria in § 301.89-3(f). This action relieves restrictions on fields within those areas that are no longer warranted. Immediate Action Immediate action is necessary to help prevent Karnal bunt from spreading to noninfected areas of the United States. This rule will also relieve restrictions on certain fields or areas that are no longer warranted. 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 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 Karnal bunt regulations to make changes to the list of areas or fields regulated because of Karnal bunt, a fungal disease of wheat. We are adding certain areas in Maricopa and Pinal Counties, AZ, to the list of regulated areas either because they were found during surveys to contain a bunted wheat kernel, or because they are within the 3-mile-wide buffer zone around fields or areas affected with Karnal bunt. We are also removing certain areas or fields in Maricopa County, AZ, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. These actions are necessary to prevent the spread of Karnal bunt to noninfected areas of the United States and to relieve restrictions on certain areas that are no longer necessary. Deregulating certain areas or fields in Maricopa County, AZ, will benefit producers in these areas who wish to produce host crops in the future. Deregulation will allow producers to move wheat grain and seed with no restrictions. Prior to this rule, any wheat, durum wheat, or triticale grown in those areas or fields could be moved into or through a non-regulated area without restriction only if it first tested negative for bunted kernels. In addition, any wheat, durum wheat, or triticale grown in those fields could not be used as seed within or outside a regulated area unless it was tested and found free of bunted kernels and spores. Thus, deregulation allows for freer movement of grain and seed from those areas that are affected by this aspect of the interim rule. The impact of this aspect of the rule on individual producers is not likely to be significant. The elimination of restrictions will increase marketing opportunities for producers, with impacts on prices those producers may set for their wheat, durum wheat, or triticale. Producers whose fields are deregulated may enjoy increased market opportunities for any wheat, durum wheat, or triticale they grow in the future (e.g. the availability of export markets). They may also receive a higher commodity price for their wheat, durum wheat, or triticale, although any price changes would most likely be small. This is due in part to the perceived notion that wheat produced in a regulated area is of lower quality. Deregulation may remove this stigma. Despite the increased ability to move grain and seed, as well as a potential increase in the price received for wheat, the benefits to individual producers are not likely to be significant. There are several reasons for this. First, grain in regulated areas is tested for Karnal bunt at no charge to the producer. Thus, removing this testing requirement does not translate into a cost savings for producers, but merely eliminates an inconvenience. Second, little to no wheat seed will be grown in the affected areas of Maricopa County, AZ. In 2004, seed demand accounted for approximately 5 percent of total domestic wheat production. Given such a small percentage and the small size of the area in question relative to other wheat producing regions, it is not expected that this region will grow a significant amount of wheat for seed. Thus, the benefits associated with removing restrictions on the movement of seed are expected to be minimal in this area. Finally, in 2004, Maricopa County accounted for only 0.07 percent of total U.S. wheat production. Therefore, deregulation of these fields or areas would not influence the price of wheat to a significant degree if at all. Regulation of certain areas in Maricopa and Pinal Counties, AZ, is also unlikely to have a profound effect on individual producers. In this case, producers will still be allowed to transport and market their grain in non-regulated areas if it tests negative for bunted kernels. As stated above, this cost is borne by the government and not by individual producers, so producers are only affected by the inconvenience of testing. Further, little or no wheat seed is expected to be produced in these areas, so the restrictions on seed movement should be negligible. Finally, although producers may see a more limited market for their product and face lower prices, the influence of this wheat producing area is small. In 2004, the counties mentioned above together accounted for only 0.15 percent of total U.S. wheat production. Thus, any price changes would be very small. The Regulatory Flexibility Act requires that agencies consider the economic impact of their rules on small businesses, organizations, and governmental jurisdictions. Those most likely affected by this interim rule are producers whose fields have been added to the list of regulated areas. Additionally, those farmers whose fields have been removed from the list of regulated areas and plan to grow wheat in the future will also be affected. The number of producers likely to be affected by this interim rule is not expected to be large. Also, it is not expected that the interim rule will have a significant impact on the affected producers. The reasons for this are presented in the preceding paragraphs. Producers affected by the interim rule are likely to be small in size based on the U.S. Small Business Administration

(SBA)standards for wheat farmers, with supporting data from the 2002 Census of Agriculture (2002 Census), which is the most recent census available. The SBA classifies wheat producers with total annual sales of not more than $750,000 as small entities. According to 2002 Census data, there were a total of 232 wheat-for-grain (all kind of wheat) farms in Arizona in 2002. Of those, 38 farms were in Maricopa County and 67 farms in Pinal County. Of this number, 91 percent had annual sales in 2002 of less than $500,000, which is well below the SBA's small entity threshold of $750,000 for wheat farms. Therefore, these findings, in conjunction with those above, demonstrate that although most of the entities impacted by the rule are expected to be small, the impact on those entities is not expected to be significant. 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 and 7781-7786; 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 § 301.89-3, paragraph

(g)is amended as follows: a. Under the heading “Arizona,” in the entry for Maricopa County, by revising paragraphs (1), (3), and

(4)to read as set forth below. b. Under the heading “Arizona,” in the entry for Pinal County, by revising paragraph

(2)to read as set forth below. § 301.89-3 Regulated areas.

(g)* * * Arizona *Maricopa County.*

(1)Beginning at the southeast corner of sec. 17, T. 1 S., R. 2 E.; then west to the southwest corner of sec. 14, T. 1 S., R. 1 E.; then north to the northwest corner of sec. 14, T. 1 S., R.1 E.; then west to the southwest corner of sec. 9, T. 1 S., R. 1 E.; then north to the northwest corner of sec. 9, T. 1 S., R. 1 E.; then west to the southwest corner of sec. 5, T. 1 S., R. 1 E.; then north to the northwest corner of sec. 5, T. 1S., R. 1 E.; then west to the northeast corner of sec. 6, T. 1 S., R. 1 W.; then south to the southeast corner of sec. 7, T. 1 S., R. 1 W.; then west to the northeast corner of sec. 14, T. 1 S., R. 2 W.; then south to the southeast corner of sec. 14, T. 1 S., R. 2 W.; then west to the northeast corner of sec. 20, T. 1 S., R. 2 W.; then south to the southeast corner of sec. 20, T. 1 S., R. 2 W.; then west to the northeast corner of sec. 29, T. 1 S., R. 3 W.; then south to the southeast corner of sec. 29, T. 1 S., R. 3 W.; then west to the southwest corner of sec. 26, T. 1 S., R. 5 W.; then north to the northwest corner of sec. 14, T. 1 N., R. 5 W.; then east to the southwest corner of sec. 7, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 7, T. 1 N., R. 2 W.; then east to the northeast corner of sec. 7, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 5, T. 1 N., R. 2 W.; then east to the northeast corner of sec. 5, T. 1 N., R. 2 W.; then north to the northwest corner of sec. 28, T. 2 N., R. 2 W.; then east to the northeast corner of sec. 28, T. 2 N., R. 2 W.; then north to the northwest corner of sec. 3, T. 3 N., R. 2 W.; then east to the northeast corner of sec. 1, T. 3 N., R. 1 W.; then south to the northwest corner of sec. 19, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 20, T. 3 N., R. 1 E.; then south to the northeast corner of sec. 29, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 27, T. 3 N., R. 1 E.; then south to the southeast corner of sec. 27, T. 3 N., R. 1 E.; then east to the northeast corner of sec. 35, T. 3 N., R. 1 E.; then south to the southeast corner of sec. 35, T. 3N., R. 1 E.; then east to the northeast corner of sec. 1, T. 2 N., R. 1 E.; then south to the northeast corner of sec. 1, T. 1 N., R. 1 E.; then east to the northeast corner of sec. 4, T. 1 N., R. 2 E.; then south to the northwest corner of sec. 15, T. 1 N., R. 2 E.; then east to the northeast corner of sec. 15, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 27, T. 1 N., R. 2 E.; then west to the southwest corner of sec. 27, T. 1 N., R. 2 E.; then south to the southeast corner of sec. 33, T. 1 N., R. 2 E.; then west to the northeast corner of sec. 4, T. 1 S., R. 2 E.; then south to the southeast corner of sec. 4, T. 1 S., R. 2 E.; then west to the southwest corner of sec. 4, T. 1 S., R. 2 E.; then south to the point of beginning.

(3)Beginning at the southeast corner of sec. 30, T. 6 S., R. 5 W.; then west to the northeast corner of sec. 33, T. 6 S., R. 6 W.; then south to the southeast corner of sec. 33, T. 6 S., R. 6 W.; then west to the southwest corner of sec. 36, T. 6 S., R. 7 W.; then north to the northwest corner of sec. 36, T. 6 S., R. 7 W.; then west to the southwest corner of sec. 26, T. 6 S., R. 7 W.; then north to the northwest corner of sec. 23, T. 6 S., R. 7 W.; then west to the southeast corner of sec. 18, T. 6 S., R. 7 W.; then north to the northeast corner of sec. 6, T. 6 S., R. 7 W.; then west to the southeast corner of sec. 31, T. 5 S., R. 7 W.; then north to the northwest corner of sec. 29, T. 5 S., R. 7 W.; then east to the northeast corner of sec. 29, T. 5 S., R. 7 W.; then east to the southwest corner of sec. 22, T. 5 S., R. 7 W.; then north to the northwest corner of sec. 22, T. 5 S., R 7 W.; then east to the southwest corner of sec. 14, T. 5 S., R. 7 W.; then north to the northwest corner of sec. 14, T. 5 S., R. 7 W.; then east to the northeast corner of sec. 13, T. 5 S., R. 6 W.; then south to the southeast corner of sec. 24, T. 5 S., R. 6 W.; then east to the northeast corner of sec. 30, T. 5 S., R. 5 W.; then south to the southeast corner of sec. 30, T. 5 S., R. 5 W.; then east to the northeast corner of sec. 32, T. 5 S., R. 5 W.; then south to the southeast corner of sec. 32, T. 5 S., R. 5 W.; then east to the northeast corner of sec. 5, T. 6 S., R. 5 W.; then south to the southeast corner of sec. 20, T. 6 S., R. 5 W.; then west to the northeast corner of sec. 30, T. 6 S., R. 5 W.; then south to the point of beginning.

(4)Beginning at the southeast corner of sec. 36, T. 2 N., R. 5 E.; then west to the northeast corner of sec. 4, T. 1 N., R. 5 E.; then south to the southeast corner of sec. 4, T. 1 N., R. 5 E.; then west to the southwest corner of sec. 4, T. 1 N., R. 5 E.; then south to the southeast corner of sec. 17, T. 1 N., R. 5 E.; then west to the southwest corner of sec. 17, T. 1 N., R. 5 E.; then north to the northwest corner of sec. 17, T. 1 N., R. 5 E.; then west to the southwest corner of sec. 12, T. 1 N., R. 4 E.; then north to the northwest corner of sec. 12, T. 1 N., R. 4 E.; then east to the northeast corner of sec. 12, T. 1 N., R. 4 E.; then north to the northwest corner of sec. 7, T. 2 N., R. 5 E.; then east to the northeast corner of sec. 12, T. 2 N., R. 5 E.; then south to the point of beginning. *Pinal County:*

(2)Beginning at the southeast corner of sec. 5, T. 6 S., R. 4 E.; then west to the southwest corner of sec. 1, T. 6 S., R. 3 E.; then south to the southeast corner of sec. 14, T. 6 S., R. 3 E.; then west to the southwest corner of sec. 14, T. 6 S., R. 3 E.; then south to the southeast corner of sec. 22, T. 6 S., R. 3 E.; then west to the northeast corner of sec. 30, T. 6 S., R. 3 E.; then south to the southeast corner of sec. 30, T. 6 S., R. 3 E.; then west to the southwest corner of sec. 30, T. 6 S., R. 3 E.; then north to the southeast corner of sec. 25, T. 6 S., R. 2 E.; then west to the southwest corner of sec. 25, T. 6 S., R. 2 E.; then north to the southeast corner of sec. 11, T. 6 S., R. 2 E.; then west to the southwest corner of sec. 11, T. 6 S., R. 2 E.; then north to the northwest corner of sec. 35, T. 4 S., R. 2 E.; then east to the northeast corner of sec. 35, T. 4 S., R. 2 E.; then north to the northwest corner of sec. 25, T. 4 S., R. 2 E.; then east to the southwest corner of sec. 20, T. 4 S., R. 3 E.; then north to the northwest corner of sec. 20, T. 4 S., R. 3 E.; then east to the northeast corner of sec. 24, T. 4 S., R. 3 E.; then south to the southeast corner of sec. 24, T. 4 S., R. 3 E.; then east to the northeast corner of sec. 28, T. 4 S., R. 4 E.; then south to the northwest corner of sec. 34, T. 4 S., R. 4 E.; then east to the northeast corner of sec. 35, T. 4 S., R. 4 E.; then south to the northwest corner of sec. 1, T. 5 S., R. 4 E.; then east to the northeast corner of sec. 1, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 1, T. 5 S., R. 4 E.; then west to the northeast corner of sec. 12, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 24, T. 5 S., R. 4 E.; then west to the southwest corner of sec. 24, T. 5 S., R. 4 E.; then south to the northeast corner of sec. 35, T. 5 S., R. 4 E.; then west to the northwest corner of sec. 35, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 37, T. 5 S., R. 4 E.; then west to the northwest corner of sec. 50, T. 5 S., R. 4 E.; then south to the southeast corner of sec. 49, T. 6 S., R. 4 E.; then west to the northeast corner of sec. 5, T. 6 S., R. 4 E.; then south to the point of beginning. Done in Washington, DC, this 7th day of December 2005. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 05-23995 Filed 12-12-05; 8:45 am]

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