59144 Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

In this authorization of the Fourth 

Program Revision for the State of 

Nebraska there are no provisions that 

are more stringent or broader in scope. 

Broader in scope requirements are not 

part of the authorized program and the 

EPA cannot enforce them. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

Nebraska will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. The EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits which we 

issued prior to the effective date of this 

authorization. We will not issue any 

more new permits or new portions of 

permits for the provisions listed in the 

Table above after the effective date of 

this authorization. The EPA will 

continue to implement and issue 

permits for HSWA requirements for 

which Nebraska is not yet authorized. 

J. What Is Codification and Is the EPA 

Codifying Nebraska’s Hazardous Waste 

Program as Authorized in This Rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the CFR. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart CC for this 

authorization of Nebraska’s program 

changes until a later date. 

K. Statutory and Executive Order 

Reviews 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. This action 

authorizes State requirements for the 

purpose of RCRA 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

authorizes preexisting requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the Executive 

Order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements.

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: September 2, 2004. 

William Rice, 

Acting Regional Administrator, Region 7.

[FR Doc. 04–22252 Filed 10–1–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

42 CFR Part 71 

Foreign Quarantine

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS).

ACTION: Amendment of February 4, 

2004, order to embargo bird and bird 

products imported from Malaysia. 

SUMMARY: On February 4, 2004, the 

Centers for Disease Control and 

Prevention (CDC) issued an order 

immediately banning the import of all 

birds (Class: Aves) from specified 

Southeast Asian countries, subject to 

limited exemptions for pet birds and 

certain bird-derived products. CDC took 

this step because birds from these 

countries potentially can infect humans 

with avian influenza (Influenza A 

(H5N1)). The February 4 order 

complemented a similar action taken by 

the U.S. Department of Agriculture 

(USDA), Animal and Plant Health 

Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 59145

Inspection Service (APHIS). On March 

10, 2004, CDC lifted the embargo of 

birds and bird products from Hong Kong 

Special Administrative Region because 

of the documented public health and 

animal health measures taken by Hong 

Kong officials to prevent spread of the 

outbreak within Hong Kong and the 

absence of avian influenza cases in 

Hong Kong’s domestic and wild bird 

populations. APHIS took a similar 

action. CDC and APHIS are now 

imposing an embargo on birds and bird 

products from Malaysia because of the 

documented cases of Influenza A 

(H5N1) in poultry in Malaysia. All other 

portions of the February 4, 2004, order 

and March 10, 2004, amendment remain 

in effect until further notice.

DATES: This action is effective on 

September 28, 2004 and will remain in 

effect until further notice.

FOR FURTHER INFORMATION CONTACT: Paul 

Arguin, National Center for Infectious 

Diseases, Centers for Disease Control 

and Prevention, Mailstop C–14, 1600 

Clifton Road, Atlanta, GA 30330, 

telephone, 404–498–1600.

SUPPLEMENTARY INFORMATION:

Background 

On August 19, 2004, the Office of 

International Epizootics (OIE), an 

international organization that reports 

the occurrence of animal diseases 

detected worldwide, listed Malaysia 

among the countries in which an 

outbreak of avian influenza was 

occurring. According to the OIE 

emergency report, there was a 

laboratory-confirmed report of H5N1 

influenza virus on one farm in Malaysia 

at Kelantan State, Tumpat district, Pasir 

Pekan village. The initial flock of village 

chickens consisted of 60 birds of mixed 

ages, reared free range. Within a 1-km 

radius of the affected flock there are 

another 103 village chickens, 62 birds of 

mixed species and 8 ducks (173 birds 

total). On September 9, 2004, OIE 

reported a second laboratory-confirmed 

occurrence of H5N1 influenza in a flock 

of birds located in an area 5 kilometers 

from the previously infected flock. The 

susceptible avian population within the 

village included 1,608 chickens, 68 

bantam chickens, 4 turkeys, 93 ducks, 9 

geese, 60 quail, and 193 other species 

(2,035 birds total). 

The government of Malaysia has 

instituted a number of control measures, 

including depopulation of poultry and 

birds within a one-kilometer radius of 

the infective flock; quarantine and 

clinical surveillance within a 10-

kilometer radius of the inflected flock; 

and restrictions on the movement of 

birds and their products to other states 

within Malaysia. 

Introduction of influenza A (H5N1)-

infected birds into the United States 

could lead to outbreaks of disease in the 

human population, a significant public 

health threat. Banning the importation 

of all avian species from affected 

countries, including Malaysia, is an 

effective means of limiting this threat. 

CDC is therefore taking this action to 

reduce the chance of introduction or 

spread of influenza A (H5N1). 

Immediate Action 

Therefore, pursuant to 42 CFR 

71.32(b), the February 4, 2004, order is 

amended to add Malaysia to the list of 

countries subject to that order’s embargo 

of birds and products derived from birds 

(including hatching eggs). All other 

portions of the February 4, 2004 order 

(69 FR 7165, Feb. 13, 2004) and the 

March 10, 2004 amendment (69 FR 

12975, Mar. 19, 2004) shall remain in 

effect until further notice.

Julie Louise Gerberding, 

Director, Centers for Disease Control and 

Prevention.

[FR Doc. 04–22258 Filed 10–1–04; 8:45 am] 

BILLING CODE 4160–17–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 0, 1, and 54 

[CC Docket No. 02–6; FCC 04–190] 

Schools and Libraries Universal 

Service Support Mechanism

AGENCY: Federal Communications 

Commission.

ACTION: Final rule, correction.

SUMMARY: This document corrects an 

error in the dates and final rules 

sections of a Federal Register document 

regarding the Commission adopting 

measures to protect against waste, fraud, 

and abuse in the administration of the 

schools and libraries universal service 

support mechanism. In addition, the 

Commission resolved a number of 

issues that have arisen from audit 

activities conducted as part of ongoing 

oversight over the administration of the 

universal service fund, and the 

Commission addressed programmatic 

concerns raised by our Office of 

Inspector General. The summary was 

published in the Federal Register on 

September 13, 2004.

DATES: Effective October 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Jennifer Schneider, Attorney, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

(202) 418–7400.

SUPPLEMENTARY INFORMATION: This 

summary contains a correction to the 

dates and final rules sections of a 

Federal Register summary, 69 FR 55097 

(September 13, 2004). The full text of 

the Commission’s Fifth Report and 

Order and Order in CC Docket No. 02–

6, FCC 04–190 released on August 13, 

2004 is available for public inspection 

during regular business hours in the 

FCC Reference Center, Room CY–A257, 

445 Twelfth Street, SW., Washington, 

DC 20554.

■ In rule FR Doc. 04–20363 published 

September 13, 2004 (69 FR 55097) make 

the following corrections.

■ 1. On page 55097, in the second 

column, in the dates section, remove 

‘‘54.504(f)’’ and add in its place 

‘‘54.504(h).’’

PART 54—[CORRECTED]

■ 2. On page 55109, in the third column, 

in paragraph 8, third line, remove ‘‘(f)’’

and add in its place ‘‘(h).’’

§ 54.504 [Corrected]

■ 3. On page 55110, in the third column, 

in the twentieth line, remove ‘‘(f)’’ and 

add in its place ‘‘(h).’’

■ 4. On page 55110, in the third column, 

in paragraph 9, remove ‘‘E’’ and add in 

its place ‘‘F.’’

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary.

[FR Doc. 04–22228 Filed 10–1–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 101 

[ET Docket No. 98–206; RM–9147; RM–9245; 

DA 04–3007] 

Amendment of the Commission’s 

Rules Governing Multichannel Video 

Distribution and Data Service in the 

12.2–12.7 GHz Band

AGENCY: Federal Communications 

Commission.

ACTION: Correcting amendment.

SUMMARY: On April 11, 2002, the 

Commission adopted rules to establish 

technical, service and licensing rules 

governing Multichannel Video 

Distribution and Data Service (MVDDS) 

in the 12 GHz band. Because an error 

was made in the final rules, this 

document contains correcting 

amendments to the final rules that were 

published in the Federal Register.