Federal Register 2005-01-04: Vol 70 Iss 2

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' Vol. 70 No. 2 Jan. 4, 2005
I
Pages 249-660
II Federal Register/Vol. 70, No. 2/Tuesday, January 4, 2005
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III
Contents
Federal Register
Vol. 70, No. 2
Tuesday, January 4, 2005
Agriculture Department Organichem Corp., 393
See Animal and Plant Health Inspection Service Organix Inc., 393
See Commodity Credit Corporation Syva Company, Dade Behring Inc., 393
See Forest Service Tocris Cookson, Inc., 393-394
Animal and Plant Health Inspection Service
Education Department
RULES
Exportation and importation of animals and animal RULES
Civil monetary penalties; inflation adjustment, 297-298
products:
Bovine Spongiform encephalopathy; minimal-risk regions NOTICES
Agency information collection activities; proposals,
and importation of commodities, 459-553
submissions, and approvals, 338-340
Plant related quarantine; domestic:
Emerald ash borer, 249-253
NOTICES Energy Department
Environmental statements; availability, etc.: See Federal Energy Regulatory Commission
Bovine spongiform encephalopathy; minimal risk regions
and importation of commodities, 553-554
Environmental Protection Agency
Centers for Disease Control and Prevention PROPOSED RULES
Air programs:
NOTICES
Grants and cooperative agreements; availability, etc.: Ambient air quality standards, national—
Early hearing detection and intervention; tracking, Transportation conformity; rule amendments for new 8-
surveillance, and integration, 357-362 hour ozone and fine particular matter, 323-324
Fuels and fuel additives—
Commerce Department Gasoline produced or imported for use in Hawaii,
See International Trade Administration Alaska, Puerto Rico, and Virgin Islands;
See National Oceanic and Atmospheric Administration antidumping baselines, 645-660
Hazardous air pollutants from mobile sources;
Commodity Credit Corporation emissions control; default baseline values, 639-646
RULES NOTICES
Loan and purchase programs: Agency information collection activities; proposals,
Emerging Markets Program, 253-261 submissions, and approvals, 356-357
Comptroller of the Currency
Federal Aviation Administration
NOTICES
RULES
Reports and guidance documents; availability, etc.;
Airworthiness directives:
Retail credit risk for regulatory capital; internal fatings-
Empresa Brasileira de Aeronautica, S.A. (EMBRAER);
based systems use; correction, 423
correction, 265
Rolls-Royce Corp., 261-265
Drug Enforcement Administration
PROPOSED RULES
RULES Airworthiness directives:
Records and reports of listed chemicals and certain
Airbus, 317-319
machines:
Chemical mixtures; exemption of List II chemicals
acetone, etc.; correction, 294-295 Federal Communications Commission
Records, reports, and exports of listed chemicals: RULES
Drug products containing gamma-hydroxybutyric acid, Practice and procedure:
291-294 Wireless telecommunications services—
NOTICES Communications facilities and historic properties;
Applications, hearings, determinations, etc.: nationwide programmatic agreement, 555-588
Applied Science Labs, Inc., 388
Cambrex Charles City, Inc., 388-389
Federal Deposit Insurance Corporation
Cayman Chemical Co., 389
NOTICES
Cedarburg Pharmaceuticals, Inc., 389-390
Reports and guidance documents; availability, etc.:
Chattem Chemicals Inc., 390
Retail credit risk for regulatory capital; internal ratings-
Dade Behring Inc., 390
based systems use; correction, 423
Eli-Elsohly Laboratories, Inc., 391
Hospira, Inc., 391
Houba, Inc., 391 Federal Emergency Management Agency
JFC Technologies, LLC, 391-392 NOTICES
Johnson Matthey Inc., 392 Agency information collection activities; proposals,
Noramco Inc., 392-393 submissions, and approvals, 369-370
IV Federal Register/Vol. 70, No. 2/Tuesday, January 4, 2005/Contents
Federal Energy Regulatory Commission General Services Administration
RULES RULES
Electric utilities (Federal Power Act): Acquisition regulations:
Generator interconnection agreements and procedures; Disputes and appeals, 298-299
standcurdization, 265-284
Standards of conduct: Health and Human Services Department
Natural gas and public utility transmission providers; See Centers for Disease Control and Prevention
rehearing and clarification order, 284-291 See Food and Drug Administration
PROPOSED RULES See Substance Abuse and Mental Health Services
Natural gas companies (Natural Gas Act):
Administration
Interstate natural gas pipelines; business practices
standards, 319-323
Homeland Security Department
NOTICES
Complaints filed: See Federal Emergency Management Agency
Exelon Corp., et al., 343 See National Communications System
Electric utilities (Federal Power Act):
Control area operators and transmission providers; Housing and Urban Development Departmient
operator training practices survey requirement, 343- NOTICES
354 Agency information collection activities; proposals,
Environmental statements; notice of intent: submissions, and approvals, 370-371
Transcontinental Gas Pipe Line Corp., 354-356
Applications, hearings, determinations, etc.: Interior Department
American Electric Power, 340-341 See Fish and Wildlife Service
Consumers Electric Co., 341 See Land Management Bureau
Dauphin Island Gathering Partners, 341-342 See National Park Service
Sea Robin Pipeline Co., 342
Transcontinental Gas Pipe Line Corp., 342-343
Internal Revenue Service
Young Gas Storage Co., Ltd., 343
RULES
Estate and gift taxes:
Federal Highway Administration Gross estate: election to value on alternative valuation
RULES date, 295-296
Uniform relocation assistance and real property acquisition
for Federal and federally-assisted programs, 589-638
International Trade Administration
NOTICES
Federal Maritime Commission Antidumping:
NOTICES Circular welded carbon steel pipes and tubes from—
Agreements filed, etc., 357 Taiwan, 326
Outboard engines from—
Federal Reserve System Japem, 326-329
NOTICES Wooden bedroom furniture fi'om—
Reports and guidance documents: availability, etc.: China, 329-333
Retail credit risk for regulatory capital; internal ratings-
based systems use; correction, 423 International Trade Commission
NOTICES
Fish and Wildlife Service Import investigations:
RULES Foam masking tape, 386-387
Endangered and threatened species: Orange juice from—
Critical habitat designations— Brazil, 387-388
Santa Ana sucker, 425—458
NOTICES Justice Department
Endangered and threatened species permit applications, See Drug Enforcement Administration
371-372
Migratory Bird Treaty Act:
Land Management Bureau
Non-native, human-introduced, migratory bird species
not protected: list, 372-377 NOTICES
Alaska Native claims selection:
Unga Corp., 377
Food and Drug Administration Coal leases, exploration licenses, etc.:
NOTICES Wyoming, 377-378
Agency information collection activities; proposals, Meetings:
submissions, and approvals, 362-367 Resource Advisory Councils—
Twin Falls District, 378-379
Forest Service Oil and gas leases:
NOTICES Colorado, 379
Meetings: Utah, 379
Resource Advisory Committees— Realty actions; sales, leases, etc.:
Tri-County, 326 New Mexico, 379-380
Federal Register/Vol. 70, No. 2/Tuesday, January 4, 2005/Contents V
National Communications System International Securities Exchange, Inc., 416—419
NOTICES New York Stock Exchange, Inc., 420-421
Meetings:
National Security Telecommunications Advisory State Department
Committee, 370
NOTICES
Meetings:
National Highway Traffic Safety Administration
Overseas Schools Advisory Council, 421-422
RULES
Motor vehicle safety standards:
Substance Abuse and Mental Health Services
Tire safety information: technical amendment, 299-300
Administration
National Oceanic and Atmospheric Administration NOTICES
Federal agency urine drug testing; certified laboratories
RULES
meeting minimum standards, list, 367-369
Fishery conservation and management:
Grants and cooperative agreements; availability, etc.;
Atlantic highly migratory species—
Notices of funding availability and requests for
Bluefin tuna, 302-303
applications; Federal Register publication
Caribbean, Gulf, and South Atlantic fisheries—
discontinued, 369
Grammanik Bank seasonal closure, 300-301
Northeastern United States fisheries—
Summer flounder, scup, and black sea bass, 303-311 Thrift Supervision Office
PROPOSED RULES NOTICES
Endangered and threatened species: Reports and guidance documents; availability, etc.;
Critical habitat designations— Retail credit risk for regulatory capital; internal ratings-
Pacific salmon and steelhead; California evolutionary based systems use; correction, 423
significant units, 325
NOTICES Transportation Department
Marine mammals: See Federal Aviation Administration
Incidental taking; authorization letters, etc.— See Federal Highway Administration
Moss Landing, Monterey County, CA; Sandholdt Road See National Highway Traffic Safety Administration
Bridge replacement; Pacific harbor seals, etc., 333-
338
Treasury Department
See Comptroller of the Currency
National Park Service
See Internal Revenue Service
NOTICES
See Thrift Supervision Office
Environmental statements; availability, etc.:
Point Reyes National Seashore, CA; non-native deer
management plan, 380-382
Yosemite National Park, CA; Merced Wild and Scenic Separate Parts In This issue
River comprehensive management plan, 382-384
Meetings: Part II
Cape Cod National Seashore Advisory Commission, 384 Interior Department, Fish and Wildlife Service, 425-458
National Register of Historic Places:
Pending nominations, 384-385
Part III
Realty actions; sales, leases, etc.:
Agriculture Department, Animal and Plant Health
Olympic National Park, WA, 386
Inspection Service, 459-554
Nuclear Regulatory Commission
Part IV
PROPOSED RULES
Radioactive material; packaging and transportation: Federal Communications Commission, 555-588
International Atomic Energy Agency transportation safety
standards (TS-R-I) and other transportation safety Part V
amendments; compatibility: withdrawn, 312-317 Transportation Department, Federal Highway
NOTICES Administration, 589-638
Environmental statements; availability, etc.:
Maine Yankee Atomic Power Co., 396-398 Part VI
Meetings; Sunshine Act, 398 Environmental Protection Agency, 639-660
Operating licenses, amendments; no significant hazards
considerations; biweekly notices, 398-408
Applications, hearings, determinations, etc.:
Sacramento Municipal Utility District, 394-396 Reader Aids
Consult the Reader Aids section at the end of this issue for
Securities and Exchange Commission phone numbers, online resources, finding aids, reminders,
and notice of recently enacted public laws.
NOTICES
Public Company Accounting Oversight Board: To subscribe to the Federal Register Table of Contents
Bylaws amended and proposed rule filed, 408—412 LISTSERV electronic mailing list, go to http;//
Self-regulatory organizations: proposed rule changes: listserv.access.gpo.gov and select Online mailing list
American Stock Exchange LLC, 412—414 archives, FEDREGTOC-L, Join or leave the list (or change
Chicago Stock Exchange, Inc., 414—416 settings): then follow the instructions.
VI Federal Register/Vol. 70, No. 2/Tuesday, January 4, 2005/Contents
CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the
Reader Aids section at the end of this issue.
7 CFR
301. .249
1486... .253
9 CFR
93 . .460
94 . .460
95 . .460
96 . .460
10 CFR
Proposed Rules;
71.312
14 CFR
39 (2 documents).261, 265
Proposed Rules:
39.317
18 CFR
35 .265
358.284
Proposed Rules;
284.319
21 CFR
1304.291
•J3()g.291
1310 (2 documents) ....291, 294
26 CFR
20.;.295
301.295
34 CFR
36 .297
40 CFR
Proposed Rules:
80 (2 documents).640, 646
93.323
47 CFR
1.556
48 CFR
533.298
552.298
49 CFR
24.590
571..299
50 CFR
17.426
622 .300
535.302
648.303
Proposed Rules:
226.325
Rules and Regulations
Federal Register
Vol. 70, No. 2
Tuesday, January 4, 2005
This section of the FEDERAL REGISTER Please state that your comment refers to to below as the regulations). The
contains regulatory documents having general Docket No. 02-125-2. regulations designated 13 counties in
applicability and legal effect, most of which • E-mail: Address your comment to the southeastern portion of the State of
are keyed to and codified in the Code of [email protected]. Your Michigan as quarantined areas because
Federal Regulations, which is published under comment must be contained in the body of EAB and restricted the interstate
50 titles pursuant to 44 U.S.C. 1510.
of your message; do not send attached movement of regulated articles from the
The Code of Federal Regulations is sold by files. Please include your name and quarantined areas.
the Superintendent of Documents. Prices of address in your message and “Docket Quarantined Areas
new books are listed in the first FEDERAL No. 02-125—2” op the subject line.
REGISTER issue of each week. • Federal eRulemaking Portal: Go to Recent surveys conducted by
http://www.regulations.gov and follow inspectors of State, county, and city
the instructions for locating this docket agencies and by inspectors of the
DEPARTMENT OF AGRICULTURE and submitting comments. Animal and Plant Health Inspection
Reading Room: You may read any Service (APHIS) have revealed that
Animal and Plant Health Inspection- comments that we receive on this infestations of EAB have occurred
Service docket in our reading room. The reading outside the 13-county quarantined area
room is-located in room 1141 of the in Michigan. Specifically, infestations of
7 CFR Part 301 USDA South Building, 14th Street and EAB have been detected in Berrien,
Independence Avenue SW., Branch, Calhoun, Eaton, Kent,
[Docket No. 02-125-2]
Washington, DC. Normal reading room Roscommon, and Saginaw Counties, Ml;
Emerald Ash Borer; Quarantined Areas hours are 8 a.m..to 4:30 p.m., Monday LaCrange and Steuben Counties, IN; and
through Friday, except holidays. To be Defiance, Fulton, Henry, and Lucas
agency: Animal and Plant Health sure someone is there to help you, Counties, OH. Officials of the U.S.
Inspection Service, USDA. please call [phone] before Department of Agriculture (USDA) and
ACTION: Interim rule and request for coming. officials of State, county, and city
comments. Other Information: You may view agencies in Indiana, Michigan, and Ohio
APHIS doqpments published in the are conducting intensive survey and
SUMMARY: We are amending the emerald Federal Register and related eradication programs in the infested
ash horer regulations hy adding areas in information, including the names of areas. Indiana, Michigan, and Ohio have
Indiana, Michigan, and Ohio to the list groups and individuals who have quarantined the infested areas and have
of areas quarantined because of emerald commented on APHIS dockets, on the restricted the intrastate movement of
ash borer. As a result of this action, the Internet at http://www.aphis.usda.gov/ regulated articles from the quarantined
interstate movement of regulated ppd/rad/webrepor.html. areas to prevent the spread of EAB
articles from those areas is restricted.
FOR FURTHER INFORMATION CONTACT: Ms. within each State. However, Federal
This action is necessary to prevent the Deborah McPartlan, Operations Officer, regulations are necessary to restrict the
artificial spread of this plant pest from Pest Detection and Management interstate movement of regulated
infested areas in the States of Indiana,
Programs, PPQ, APHIS, 4700 River Road articles from the quarantined areas to
Michigan, and Ohio into noninfested
Unit 134, Riverdale, MD 20737-1236; prevent the spread of EAB to other
areas of the United States. [phone]. States and other countries.
DATES: This interim rule was effective The regulations in § 301.53-3(a)
SUPPLEMENTARY INFORMATION:
December 28, 2004. We will consider all provide that the Administrator of APHIS
comments that we receive on or before Background will list as a quarantined enea each
Mcuch 7, 2005. The emerald ash borer (EAB) [Agrilus State, or each portion of a State, where
ADDRESSES: You may submit comments planipennis) is a destructive wood¬ EAB has been found by an inspector,
by any of the following methods: boring insect that attacks ash trees where the Administrator has reason to
• EDOCKET; Go to htfp:// [Fraxinus spp., including green ash, believe that EAB is present, or where
www.epa.gov/feddocket to submit or white ash. Slack ash, and several the Administrator considers regulation
view public comments, access the index horticultural varieties of ash). The necessary because of its inseparability
listing of the contents of the official insect, which is indigenous to Asia and for quarantine enforcement purposes
public docket, and to access those known to occur in China, Korea, Japan, from localities where EAB has been
documents in the public docket that are Mongolia, the Russian Far East, Taiwan, found.
available electronically. Once you have and Canada, eventually kills healthy ash Less than an entire State will be
entered EDOCKET, click on the “View trees after it bores beneath their bark designated as a quarantined area only
Open APHIS Dockets” link to locate this and disrupts their vascular tissues. under certain conditions. Such a
document. In an interim rule effective on October designation may be made if the
• Postal Mail/Commercial Delivery: 8, 2003, and published in the Federal Administrator determines that: (1) The
Please send four copies of your Register on October 14, 2003 (68 FR State has adopted and is enforcing
comment (an original and three copies) 59082-59091, Docket No. 02-125-1), we restrictions on the intrastate movement
to Docket No. 02-125-3, Regulatory amended the Domestic Quarantine of regulated articles that are equivalent
Analysis and Development, PPD, Notices in 7 CFR part 301 by adding a to those imposed by the regulations on
APHIS, Station 3C71, 4700 River Road new “Subpart—Emerald Ash Borer” the interstate movement of regulated
Unit 118, Riverdale, MD 20737-1238. (§§301.53-1 through 301.53-9, referred articles; and (2) the designation of less
250 Federal Register/Vol. 70, No. 2/Tuesday, January 4, 2005/Rules and Regulations
than an entire State as a quarantined has waived its review under Executive Beyond manufacturing, ash trees play
area will be adequate to prevent the Order 12866. an important role in the urban
artificial spread of the EAB. We are amending the EAB regulations landscape. Ash is known for its natural
In accordance with these criteria and by adding areas in Indiana, Michigan, resistance to many other trees’ pests and
the recent EAB findings described and Ohio to the list of quarantined its hardiness in cities. Many of the ash
above, we are amending § 301.53-3{c) to areas. As a result of this action, the trees that now serve as ornamental,
add portions of Berrien, Bremch, interstate movement of regulated street, shade, and landscape
Calhoun, Eaton, Kent, Roscommon, and articles firom those areas is restricted. beautification trees were planted to
Saginaw Counties, MI; LaGrange and This action is necessary to prevent the replace elm trees destroyed because of
Steuben Counties, IN; and Defiance, artificial spread of this plant pest into Dutch elm disease. Ash trees are vital
Fulton, Henry, and Lucas Counties, OH, noninfested areas of the United States. sources of food and shelter for wildlife
to the list of quarantined areas. An exact While most information about the and livestock, and they have been
description of the quarantined areas can effects of EAB are based on what has planted in the rehabilitation of damaged
be found in the rule portion of this happened in Michigan where the initial natural areas. Because of the EAB, these
document. U.S. outbreak occurred, similar effects natural and aesthetic values are at risk
can be expected anywhere the pest in affected regions.
Regulated Articles occurs. Damage to ash trees in the lots owned
In the October 2003 interim rule in by the landscape industry and wood lots
EAB is a highly destructive, wood¬
which we established the EAB in southeast Michigan over the past 5
boring insect pest that attacks several
quarantine and regulations, we years is estimated at $11.6 million. In
species of ash [Fraxinus spp.). White
designated, among other things, Michigan and Canada, we estimate that
ash [Fraxinus americana L.), black ash
firewood of all hardwood species as between 250,000 and 2 million trees are
[Fraxinus nigra Marsh.), and green ash
regulated articles. In that interim rule, already affected by the pest. In the six
[Fraxinus pennsylvanica Marshall.) are
we explained that we were designating counties priginally quarantined by the
known to be susceptible in the United
all hcudwood species as regulated State of Michigan, 26.1 million trees are
States; however, there are indications
articles because as hardwood is dried at risk, and the replacement value of
that other varieties of ash may also be
and cut into firewood, it is difficult to those trees is estimated to be $11.7
at risk. Therefore, the regulations place
identify the species of the tree firom billion; this figure, of course, excludes
restrictions on certain articles of the
which the firewood was derived. their aesthetic, oxygen-producing, and
genus Fraxinus. If the EAB spreads from
In its State quarantine, Indiana refers habitat-providing values. Already,
infested areas to the surrounding forests
to firewood of any non-coniferous because of EAB infestation and
of the northeastern United States, where
species, rather than hardwood species, subsequent damage and the effects of
nursery, landscaping, and timber
as a regulated article. While we consider the quarantine placed by the State of
industries and forest-based recreation
the two terms to be essentially Michigan, producers have lost
and tourism industries play a vital
synonymous, we are adding the word approximately $2 million in nursery
economic role, its impact would be
“(non-coniferous)” after the word stock sales. While ash species other than
severe.
“hardwood” in the list of regulated black, green, and w'hite ash have not
The pest has the potential to destroy
articles in § 301.53-2(a) in response to been attacked in North America, we
entire stands of ash, and any incursion
a request from plant health officials in believe the remaining 13 species may
of the pest cem result in substantial
Indiana. also be susceptible, and in 2002 the
losses to forest ecosystems, urban trees,
Canadian Food Inspection Agency
Emergency Action and the timber industry. Adults bore D-
confirmed that theory in the results of
This rulemaking is necessary on an shaped holes up to a diameter of 1 an EAB pest risk assessment. In Japan, .
emergency basis to help prevent the centimeter into sapwood, and these EAB has also affected trees in the genera
spread of EAB to noninfested areas of holes create pathways for pathogens and Ulmus (elms), Juglans (walnuts and
the United States. Under these insect vectors. Domestically, black, butternuts), and Pterocarya (wingnuts).
circumstances, the Administrator has green, and white ash serve as an The pattern and significant numbers
determined that prior notice and important component in the forests of of trees harmed or destroyed because of
opportunity for public comment are the northeast. Further, the wood is used the pest suggest that EAB has been
contrary to the public interest and that for a variety of applications that require established in Michigan for at least 5
there is good cause under 5 U.S.C. 553 a strong, hard wood with less rigidity years, though it was definitively
for making this rule effective less them than maple. identified only in July 2002. We are not
30*days after publication in the Federal White ash is one of the primary aware of the capability for EAB’s natural
Register. commercial hardwoods used for the spread in North America, and
We will consider comments we production of tool handles, baseball information on EAB biology in Asia is
receive during the comment period for bats, furniture, antique vehicle parts, scarce. Studies on the pest in both North
this interim rule (see DATES above). containers, railroad cars and ties, canoe America and Asia are underway.
After the comment period closes, we paddles, snowshoes, boats, doors, and Current research suggests that EAB
will publish another document in the cabinets. Green ash is a valued species typically completes one generation per
Federal Register. The document will for solid wood products, pulp and paper year in northeastern China and that
include a discussion of any comments requiring hardwood fibers, crating, females lay 68 to 90 eggs in their
we receive and any amendments we are boxing, handle stock, and rough lumber. lifetime. Usually, trees die 2 to 4 yeeurs
making to the rule. Black ash, while not as strong as other after an EAB attack. We know that adult
varieties, is regularly used for interior beetles are capable of dispersing by
Executive Order 12866 and Regulatory furnishings, furniture, and cabinets. flight in 8 to 12 meter bursts, and we are
Flexibility Act
Damage left by the EAB reduces the aware of EAB “bursting” distances of
This rule has been reviewed under quality and market value of wood several kilometers in search of new ash
Executive Order 12866. For this action, products, and dying and dead trees are host material. Since EAB appears to
the Office of Management and Budget useless for manufacturers. survive well in North American climatic