Unknown. Interim rule and request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2006-04-28.xml --- 71 82 Friday, April 28, 2006 Contents Agricultural Agricultural Marketing Service NOTICES Perishable Agricultural Commodities Act: Reparation awards; interest rate change, 25133 E6-6388 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service See Grain Inspection, Packers and Stockyards Administration Animal Animal and Plant Health Inspection Service RULES Plant-related quarantine, domestic:

Gypsy moth, 25063-25064 06-4018 PROPOSED RULES Animal welfare: Shift cage requirements, 25100-25102 E6-6421 NOTICES Agency information collection activities; proposals, submissions, and approvals, 25133-25134 E6-6418 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings:

Disease, Disability, and Injury Prevention and Control Special Emphasis Panels, 25175 E6-6417 Centers Centers for Medicare & Medicaid Services RULES Health care access: Group health insurance market requirements; mental health parity, 25092-25093 06-3972 Medicaid: State allotments for payment of Medicare Part B premiums for qualifying individuals, 25085-25092 06-3981 PROPOSED RULES Medicare: Medicare participating inpatient hospitals to Indians; limitation on charges for services, 25124-25128 06-3976 NOTICES Agency information collection activities; proposals, submissions, and approvals, 25175-25176 E6-6385 Medicare:

Ambulatory surgical centers; new technology intraocular lenses; payment review, 25176-25178 06-3973 Meetings: Medicare Education Advisory Panel, 25178-25179 E6-6109 Practicing Physicians Advisory Council, 25179-25180 E6-6110 Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Rhode Island, 25143 E6-6447 Coast Guard Coast Guard RULES Drawbridge operations: Washington, 25064-25066 06-3992 Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Honolulu Captain of Port Zone, HI; waters surrounding U.S. Forces Vessel SBX-1, 25068-25070 06-4015 Waterfront facilities and port and harbor areas; maritime identification credentials; clarification, 25066-25068 06-4026 NOTICES Privacy Act; systems of records, 25203-25205 06-4027 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25143-25145 E6-6377 E6-6386 E6-6387 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 25135-25143 E6-6394 E6-6395 CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Australian imports; safeguard actions, 25154-25157 E6-6456 Central American and Dominican Republic imports; safeguard actions, 25157-25160 E6-6460 Moroccan imports; safeguard actions, 25160-25163 E6-6462 Defense Defense Department See Navy Department Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Special education and rehabilitative services— Children with disabilities; technical assistance and dissemination to improve services and results, 25163-25169 06-3995 Disability and Rehabilitation Research Projects and Centers Program, 25472-25482 06-4030 06-4031 06-4032 Employee Employee Benefits Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25228-25229 E6-6397 Employee benefit plans; individual exemptions:

Southwest Gas Corp., 25229-25239 E6-6356 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Agere Systems, Inc., 25240 E6-6404 Broyhill Furniture Industries, Inc., 25240 E6-6401 Campbell Hausfeld/Scott Fetzr Co., 25240-25241 E6-6406 East Palestine China Co. et al., 25241-25242 E6-6405 Fraser NH, LLC, 25242 E6-6408 Hayes Lemmerz International, 25242-25243 E6-6407 Natick Paperboard Corp., 25243 E6-6403 Paris Accessories, Inc., 25243-25244 E6-6409 Stone Apparel, 25244 E6-6402 Grants and cooperative agreements; availability, etc.:

Workforce Investment Act— 2004 performance incentive awards, 25244-25246 E6-6399 Meetings: Native American Employment and Training Council, 25246-25247 E6-6398 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Energy conservation: Commercial and industrial equipment, energy efficiency program— Commercial heating, air conditioning, and water heating equipment; efficiency certification, compliance, and enforcement requirements, 25103-25117 06-3319 EPA Environmental Protection Agency RULES Air pollution control:

Interstate transport of fine particulate matter and ozone reduction; response to Section 126 petitions; Acid Rain Program revisions, 25328-25469 06-2692 Air programs: Ambient air quality standards, national— Fine particulate matter and ozone; interstate transport control measures; reconsideration, 25304-25326 06-2693 Stratospheric ozone protection— Methyl bromide; critical use exemption; technical correction, 25077-25079 06-4021 Air quality implementation plans: Preparation, adoption, and submittal— Delaware and New Jersey, 25288-25302 06-2750 Air quality implementation plans; approval and promulgation; various States:

Pennsylvania, 25070-25072 06-3996 Tennessee, 25072-25077 06-4023 Hazardous waste program authorizations: Missouri, 25079-25085 06-4025 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: Tennessee, 25123-25124 06-4022 Hazardous waste program authorizations: Missouri, 25124 06-4024 NOTICES Environmental statements; availability, etc.: Agency comment availability, 25171-25172 E6-6430 Agency weekly receipts, 25172-25173 E6-6429 Grants and cooperative agreements; availability, etc.:

State and Tribal assistance; special projects and programs, 25173 06-3296 Meetings: Clean Air Act Advisory Committee, 25173-25174 E6-6428 Executive Executive Office of the President See Presidential Documents See Trade Representative, Office of United States FAA Federal Aviation Administration PROPOSED RULES Airworthiness directives: Mitsubishi Heavy Industries, 25117-25123 E6-6419 E6-6420 NOTICES Reports and guidance documents; availability, etc.: National Environmental Policy Act implementing instructions for airport actions; revision, 25279-25281 06-4036 Federal Energy Federal Energy Regulatory Commission NOTICES Meetings:

Colonial Pipeline Co., technical conference; canceled, 25171 E6-6390 Public Utility Holding Company Act of 2005; financial accounting, reporting and records retention requirements; technical conference, 25171 E6-6392 *Applications, hearings, determinations, etc.:* Colorado Interstate Gas Co., 25169 E6-6389 Grand River Dam Authority, 25169-25170 E6-6391 Pinnacle West Capital Corp., 25170 E6-6393 Federal Financial Federal Financial Institutions Examination Council NOTICES Agency information collection activities; proposals, submissions, and approvals, 25174 E6-6449 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Motor carrier safety standards:

Driving of commercial motor vehicles— Railroad grade crossing safety; sufficient space; withdrawn, 25128-25130 E6-6424 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control; correction, 25174 E6-6371 Formations, acquisitions, and mergers, 25174-25175 E6-6372 Fish Fish and Wildlife Service NOTICES Environmental statements; availability, etc.: Incidental take permits— Baldwin County, AL; Alabama beach mouse, 25221-25223 E6-6140 Forest Forest Service NOTICES Meetings:

Resource Advisory Committees— Tehama County, 25134 06-4008 Yakutat, 25134-25135 06-4019 GIPSA Grain Inspection, Packers and Stockyards Administration NOTICES Grain inspection: Hard red winter and hard red spring wheat; wet gluten determination, 25135 06-4078 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Indian Health Service See National Institutes of Health Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 25205-25208 E6-6381 E6-6383 E6-6455 Grants and cooperative agreements; availability, etc.:

Discretionary programs (SuperNOFA); correction, 25208-25217 06-4004 Homeless assistance; excess and surplus Federal properties, 25217-25221 E6-6245 Meetings: Manufactured Housing Consensus Committee, 25221 E6-6384 Indian Indian Health Service PROPOSED RULES Medicare: Medicare participating inpatient hospitals to Indians; limitation on charges for services, 25124-25128 06-3976 Information Information Security Oversight Office NOTICES Meetings: Public Interest Declassification Board, 25247 E6-6400 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service International International Trade Administration NOTICES Antidumping:

Hand trucks and parts from— China, 25147-25148 E6-6434 Hot-rolled carbon steel flat products from— Thailand, 25148 E6-6437 Malleable iron pipe fittings from— China; correction, 25148-25149 E6-6436 Tapered roller bearings and parts, finished or unfinished, from— China, 25149 E6-6435 Antidumping and countervailing duties: Administrative review requests, 25145-25147 E6-6438 International International Trade Commission NOTICES Import Investigations: Chemical mechanical planarization slurries and precursors to same, 25227-25228 E6-6432 Labor Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Eagle Lake, Alturas, and Surprise field offices-managed public lands, CA and NV; resource management plans, 25223-25224 06-4033 Minerals Minerals Management Service NOTICES Outer Continental Shelf operations: Central and Western Gulf of Mexico— Oil and gas leasing, 25224-25227 E6-6453 Oil and gas lease sales— Restricted joint bidders list, 25227 E6-6431 National Archives National Archives and Records Administration See Information Security Oversight Office National Foundation National Foundation on the Arts and the Humanities NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 25285 C6-3653 Meetings:

Humanities National Council, 25247-25248 E6-6433 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards: Power-operated window, partition, and roof panel systems Correction, 25285 C6-3505 PROPOSED RULES Motor vehicle safety standards: Occupant crash protection— Frontal crash test programs; dummies representing three-year-old, six-year-old, and ten-year-old children and 95th percentile adult males; petition denied, 25130-25132 E6-6423 NIH National Institutes of Health NOTICES Meetings:

National Cancer Institute, 06-4002 25180-25181 06-4003 National Institute on Aging, 25181 06-3999 National Institute on Alcohol Abuse and Alcoholism, 25181 06-4001 Scientific Review Center, 25181-25184 06-4000 Reports and guidance documents; availability, etc.: National Cancer Institute-supported biorepositories; first-generation guidelines, 25184-25203 06-3997 National Mediation National Mediation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 25248-25249 E6-6425 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Northeastern United States fisheries— Northeast multispecies, 25094-25099 06-4029 06-4059 NOTICES Agency information collection activities; proposals, submissions, and approvals, 25149-25150 E6-6380 Endangered and threatened species: Cook Inlet beluga whale; status review, 25150 E6-6444 Marine mammal permit applications, determinations, etc., 25150 E6-6445 Meetings: Inter-American Tropical Tuna Commission; U.S. Section General Advisory Committee; correction, 25150-25151 E6-6439 North Pacific Fishery Management Council, E6-6441 25151-25152 E6-6442 E6-6443 Pacific Fishery Management Council, 25152 E6-6440 Scientific research permit applications, determinations, etc., 25153 E6-6446 National Telecommunications National Telecommunications and Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 25153-25154 E6-6379 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 25163 E6-6416 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Virginia Electric & Power Co., 25249-25251 E6-6427 Office of U.S.

Trade Office of United States Trade Representative See Trade Representative, Office of United States Presidential Presidential Documents EXECUTIVE ORDERS Syria; blocking property of additional persons in connection with the national emergency (EO 13399), 25059-25061 06-4085 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 25253-25257 E6-6374 E6-6412 E6-6415 Boston Stock Exchange, Inc., 25257-25260 E6-6373 International Securities Exchange, Inc., 25260-25265 E6-6411 NASDAQ Stock Market LLC, 25265-25271 E6-6376 National Association of Securities Dealers, Inc., 25271-25274 E6-6375 E6-6410 NYSE Arca, Inc., 25274-25276 E6-6414 Pacific Exchange, Inc., 25276-25279 E6-6413 TVA Tennessee Valley Authority NOTICES Meetings:

Regional Resource Stewardship Council, 25279 06-4020 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, 25281-25284 E6-6451 E6-6452 Trade Trade Representative, Office of United States NOTICES Harmonized Tariff Schedule: Technical corrections, 25251-25252 06-4034 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Thrift Supervision Office Veterans Veterans Affairs Department NOTICES Meetings:

Special Medical Advisory Group, 25284 06-4014 Separate Parts In This Issue Part II Environmental Protection Agency, 25288-25302 06-2750 Part III Environmental Protection Agency, 25304-25326 06-2693 Part IV Environmental Protection Agency, 25328-25469 06-2692 Part V Education Department, 25472-25482 06-4030 06-4031 06-4032 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. 71 82 Friday, April 28, 2006 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS-2006-0029] Gypsy Moth Generally Infested Areas; Ohio, West Virginia, and Wisconsin AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. SUMMARY: We are amending the gypsy moth regulations by adding one county in Ohio, one county in West Virginia, and two counties in Wisconsin to the list of generally infested areas based on the detection of infestations of gypsy moth in those counties. As a result of this action, the interstate movement of regulated articles from those areas will be restricted. This action is necessary to prevent the artificial spread of the gypsy moth to noninfested States.

DATES: This interim rule is effective April 28, 2006. We will consider all comments that we receive on or before June 27, 2006. ADDRESSES: You may submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* and, in the lower “Search Regulations and Federal Actions” 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-2006-0029 to submit or view public comments and to view supporting and related materials available electronically.

Information on using *Regulations.gov* , including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site's “User Tips” link. • *Postal Mail/Commercial Delivery:* Please send four copies of your comment (an original and three copies) to APHIS-2006-0029, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to APHIS-2006-0029. *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. Weyman Fussell, Program Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236;

(301)734-5705. SUPPLEMENTARY INFORMATION: Background The gypsy moth, *Lymantria dispar* (Linnaeus), is a destructive pest of forest and shade trees. The gypsy moth regulations (contained in 7 CFR 301.45 through 301.45-12 and referred to below as the regulations) restrict the interstate movement of regulated articles from generally infested areas to prevent the artificial spread of the gypsy moth. In accordance with § 301.45-2 of the regulations, generally infested areas are, with certain exceptions, those States or portions of States in which a gypsy moth general infestation has been found by an inspector, or each portion of a State that the Administrator deems necessary to regulate because of its proximity to infestation or its inseparability for quarantine enforcement purposes from infested localities. Less than an entire State will be designated as a generally infested area only if:

(1)The State has adopted and is enforcing a quarantine or regulation that imposes restrictions on the intrastate movement of regulated articles that are substantially the same as those that are imposed with respect to the interstate movement of such articles; and

(2)the designation of less than the entire State as a generally infested area will be adequate to prevent the artificial interstate spread of infestations of the gypsy moth. Designation of Areas as Generally Infested Areas Section 301.45-3 of the regulations lists generally infested areas. In this rule, we are amending § 301.45-3(a) by adding one county in Ohio, one county in West Virginia, and two counties in Wisconsin to the list of generally infested areas. As a result of this rule, the interstate movement of regulated articles from these areas will be restricted. We are taking this action because, in cooperation with the States of Ohio, West Virginia, and Wisconsin, the United States Department of Agriculture conducted surveys that detected multiple life stages of the gypsy moth in Seneca County, OH, in Jackson County, WV, and in Juneau and Sauk Counties, WI. Based on these surveys, we determined that reproducing populations exist at significant levels in these areas. Eradication of these populations is not considered feasible because these areas are immediately adjacent to areas currently recognized as generally infested and are, therefore, subject to reinfestation. Emergency Action This rulemaking is necessary on an emergency basis because of the possibility that the gypsy moth could be artificially spread to noninfested areas of the United States, where it could cause economic losses due to the defoliation of susceptible forest and shade trees. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the **Federal Register** . We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the **Federal Register** . The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. We are amending the gypsy moth regulations by adding one county in Ohio, one county in West Virginia, and two counties in Wisconsin to the list of generally infested areas based on the detection of infestations of gypsy moth in those counties. As a result of this action, the interstate movement of regulated articles from those areas will be restricted. This action is necessary to prevent the artificial spread of the gypsy moth to noninfested States. The following analysis addresses the economic effects of the interim rule on small entities, as required by the Regulatory Flexibility Act. The interim rule will affect the interstate movement of regulated articles, including forest products (logs, pulpwood, wood chips) and Christmas trees, nursery stock, and mobile homes and outdoor household articles from and through the newly regulated areas. The value of sales of Christmas trees and nursery in the affected counties was $1.8 million, representing much less than 1 percent of the total value of such sales in the three States. All four counties are located on the fringe of generally infested areas. Many of the establishments are far from currently infested areas, where there is no infestation or where infestation is negligible. Treatment costs for growing areas range between $10 and $20 per acre. Fumigation costs, if infestation is found in a shipment, will range between $100 and $150 per truck load. There are at least 89 establishments in the newly regulated counties that produce and ship the regulated articles. Of those, 37 are Christmas tree growers and 52 are nurseries. We do not know the number of loggers/sawmills or movers. All of the establishments are considered to be small businesses. The regulatory requirements resulting from this rule are expected to cause a slight increase in the costs of business for some of the affected entities, but those additional costs are small when compared to the potential for harm to related industry and the U.S. economy as a whole that would result from the spread of the pest. Since the total value of regulated articles moved from regulated areas to non-regulated areas is a small fraction of the State total, the regulatory effect on State and national prices is expected to be very small. Additionally, since the regulations restrict, but do not prohibit, the movement of regulated articles, articles that meet the requirements of the regulations would continue to enter the market. The overall impact upon price and competitiveness is expected to be minor. 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 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 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; §§ 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 § 301.45-3, paragraph (a), the entries for Ohio, West Virginia, and Wisconsin are amended by adding new counties in alphabetical order to read as follows: § 301.45-3 Generally infested areas.

(a)* * * Ohio *Seneca County.* The entire county. West Virginia *Jackson County.* The entire county. Wisconsin *Juneau County.* The entire county. *Sauk County.* The entire county. Done in Washington, DC, this 24th day of April 2006. Elizabeth E. Gaston, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 06-4018 Filed 4-27-06; 8:45 am]

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