[Federal Register: May 17, 2004 (Volume 69, Number 95)]
[Rules and Regulations]
[Page 27823-27827]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my04-4]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Parts 53 and 71
[Docket No. 02-091-1]
Spring Viremia of Carp; Payment of Indemnity
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending our general indemnity regulations to provide
for the payment of indemnity to owners for fish destroyed because of
spring viremia of carp. Subject to available funding, the Department
may pay eligible owners up to 50 percent of the fair market value for
fish destroyed because of spring viremia of carp. In addition, expenses
incurred in connection with any cleaning and disinfection required
shall be shared according to the agreement between APHIS and the State
in which the work is done. We are also amending our interstate movement
regulations to prevent the movement of fish infected with or exposed to
spring viremia of carp. These actions are necessary to help control and
eradicate this disease in the United States.
DATES: This interim rule was effective May 12, 2004. We will consider
all comments that we receive on or before July 16, 2004.
ADDRESSES: You may submit comments by any of the following methods:
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 02-091-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 02-091-1.
E-mail: Address your comment to
regulations@aphis.usda.gov. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 02-091-1'' on the subject
line.
Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html
for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Ms. Jill Rolland, Fishery Biologist,
Certification and Control Team, VS, APHIS, 4700 River Road Unit 46,
Riverdale, MD 20737-1231; (301) 734-8069.
SUPPLEMENTARY INFORMATION:
Background
The Animal and Plant Health Inspection Service (APHIS) of the
United States Department of Agriculture (USDA or the Department)
administers regulations at 9 CFR part 53 (referred to below as the
regulations) that provide for the payment of indemnity to owners of
animals that are required to be destroyed because of foot-and-mouth
disease, pleuropneumonia, rinderpest, exotic Newcastle disease, highly
pathogenic avian influenza, infectious salmon anemia, or any other
communicable disease of livestock or poultry that, in the opinion of
the Secretary of Agriculture, constitutes an emergency and threatens
the U.S. livestock or poultry population. Payment for animals destroyed
is based on the fair market value of the animals.
Section 53.2 of the regulations authorizes the APHIS Administrator
to
[[Page 27824]]
cooperate with a State in the control and eradication of disease.
Paragraph (b) of this section allows for the payment of indemnity to
cover the costs for purchase, destruction, and disposition of animals
and materials required to be destroyed because of being contaminated by
or exposed to such disease.
Spring Viremia of Carp
Spring viremia of carp (SVC) is a foreign animal disease, caused by
a rhabdovirus, that affects several cyprinid species, including
goldfish and common carp, of which koi is a variety. SVC was first
reported in Yugoslavia in 1969 and has since spread to other European
countries, Russia, and the Middle East.
SVC is characterized as a listed disease by the Office of
International des Epizooties (OIE). Characteristics of listed aquatic
animal diseases include the following:
1. The disease has been shown to cause significant production
losses due to morbidity or mortality at a national or multinational
level where it occurs;
2. The disease has been shown to, or is strongly suspected to
negatively affect wild aquatic animal populations that are shown to be
an asset worth protecting;
3. The disease has the potential for international spread,
including via live animals, their products, and inanimate objects.
If SVC is discovered in an OIE member country, the affected country
must report the discovery to OIE, which will notify the 163 other
member countries. As a result, SVC-free countries may cease importing
any commodities that could potentially harbor the virus. Such trade
restrictions would have a negative economic impact on the U.S. carp
industry.
Evidence suggests that SVC can kill a very diverse group of
species, including many representatives of the families that are
dominant in North America. According to the OIE Aquatic Animal Health
Code, susceptible host species for SVC are: common carp (Cyprinus
carpio), grass carp (Ctenopharyngodon idellus), silver carp
(Hypophthalmichthys molitrix), bighead carp (Aristichthys nobilis),
crucian carp (Carassius carassius), goldfish (Carassius auratus), tench
(Tinca tinca), and sheatfish (Silurus glanis). SVC is considered
extremely contagious, and there are currently no U.S.-approved vaccines
or treatments for the virus.
Transmission of the virus may occur through water contaminated with
feces, urine or mucus from infected fish, and parasites such as
leeches. SVC can survive for long periods of time in water and mud,
increasing the possibility of transmission between sites by
contaminated equipment. In addition, animals such as birds, which prey
on SVC-susceptible species, often travel over very large areas and can
transmit the disease between sites. The presence of SVC virus in
ovarian fluid also suggests that the disease may be transmitted from
parent to offspring as well. Some fish that recover from SVC can become
non-clinical carriers of the virus. Non-clinical carriers of the virus
can transmit the virus to other susceptible species, but do not show
symptoms of SVC.
The disease flourishes in the spring as water temperatures
increase, but maximum mortality occurs when temperatures are below 64
[deg]F, since the immune resistance of carp rises as temperatures reach
68 [deg]F. Once the disease is detected, depopulation is necessary
given the disease's contagiousness and the possibility of non-clinical
carriers that would not exhibit symptoms.
Clinical signs of SVC may be nonspecific and include darkening of
the skin, exophthalmia (pop-eye), ascites (dropsy), pale gills,
hemorrhages in the gills, skin, and eyes, and a protruding vent with a
thick mucoid (white to yellowish) fecal cast. Pinpoint hemorrhages may
occur in many organs and are considered an important indicator for SVC.
Other internal symptoms include edema, inflammation of the intestine,
and enlargement of the spleen. Concurrent infections often occur and
may confuse the diagnosis. Mortality can be up to 70 percent in
yearlings; adult fish are less affected by the disease.
In April 2002, a koi farm in North Carolina experienced an outbreak
of SVC. The farm had sent a sample of the diseased koi to the Fish
Disease Diagnostic Laboratories of the University of Arkansas at Pine
Bluff, a USDA approved diagnostic laboratory. After a tentative
positive diagnosis for SVC, the Arkansas labarotory forwarded the
sample to the OIE reference laboratory for SVC in Weymouth, United
Kingdom. The OIE laboratory confirmed the tentative diagnosis as
positive for SVC on June 25, 2002. The SVC outbreak diagnosis was
reported to APHIS, USDA on July 3, 2002.
The affected koi farm operates sites for hatching and resale in
North Carolina and Virginia. Due to transfers of fish between sites,
both of the farm's sites were considered infected with the SVC virus.
SVC virus antibodies have been detected in native and nonnative fish
both upstream and 12 miles downstream from the site of the initial
outbreak in North Carolina. Additionally, SVC has emerged in
populations of wild carp in Wisconsin and Illinois.
The States of North Carolina and Virginia took immediate steps to
prevent further spread of SVC; however, the States lacked sufficient
funding and personnel to effectively control and eradicate the disease,
which poses a potentially serious threat to animal health and the U.S.
economy. Therefore, State officials asked the USDA to assist with
epidemiology, surveillance, and indemnification to respond to the
presence of SVC.
On March 25, 2003, the Secretary of Agriculture authorized a
transfer of funds within the Department in order to assist the States
of North Carolina and Virginia with SVC-related epidemiology,
surveillance, and indemnification. The Secretary authorized this
transfer of funds after determining that SVC constitutes an emergency
that threatens a segment of agricultural production in the United
States. Under part 53 of the regulations, APHIS/USDA indemnified the
owner of the affected sites in North Carolina and Virginia. The sites
contained a total of 8 million koi and goldfish. Nearly all of those
fish, with the exception of 15,000 that died previously from SVC and
those that were lost due to bird predation, were depopulated to control
the virus. Providing indemnity to the owner of the SVC-infected fish in
North Carolina and Virginia to prevent further spread of SVC was an
integral step in ensuring the disease's eradication.
APHIS Veterinary Services staff, in cooperation with State
authorities in North Carolina and Virginia, have already implemented
surveillance and biosecurity auditing measures to continue to monitor
for SVC outbreaks. Further, APHIS officials have begun a nationwide
surveillance program, within which many carp and bait fish producers
are voluntarily participating in SVC testing. Continuing the
surveillance program is essential to ensure eradication and/or control
of SVC and to relieve foreign restrictions on U.S. trade related to
SVC-susceptible species. To regain SVC-free status, the United States,
an OIE member country, must test for SVC on farms that raise
susceptible species. The tests typically include a sample of 150 SVC-
susceptible fish and should take place in the spring and fall in
environments where the disease flourishes (usually warm water). The
member country must produce negative results for at least 2 years,
after which foreign restrictions should be lifted.
[[Page 27825]]
We believe the virus can be controlled and contained within high-
risk zones through continued surveillance and best management
practices. Control of SVC requires depopulation of all ponds holding
infected fish and disinfection of ponds, and associated equipment.
Currently, carp producers are under no obligation to report the
occurrence of SVC to APHIS. Through industry feedback, APHIS determined
that farmers are less likely to report SVC outbreaks if they risk the
loss of their entire carp stock without indemnification.
Indemnification will provide an incentive for producers to report
diseased fish and to continue testing for SVC, and therefore assist
with USDA's goal of complete eradication in the U.S. carp industry.
Therefore, this interim rule amends the regulations in part 53 to
provide for the payment of fish destroyed because of SVC. The specific
amendments are discussed below.
Definitions
We have amended the definition of disease in Sec. 53.1 to include
SVC among the diseases listed.
Payment for Losses
The regulations in Sec. 53.2 allow for payments by the Department
for losses growing out of the destruction of animals affected with SVC.
The Administrator may pay claims of up to 50 percent of eligible losses
incurred by each producer resulting from the destruction of fish
affected with the disease. Producers who collect salvage value for fish
destroyed because of SVC will have that amount subtracted from the
amount of eligible indemnity payments. In addition, expenses incurred
in connection with any cleaning and disinfection required shall be
shared according to the agreement between APHIS and the State in which
the work is done.
By providing carp producers with indemnity, we can improve the
probability of rapid reporting by producers, who are in a position to
quickly report a disease situation. This enhances the likelihood of
prompt control and eradication. In addition, such payments will benefit
carp producers who could otherwise suffer uncompensated economic losses
as a result of their participation in a control and eradication
program.
Salvage Value
Paragraph (a) of Sec. 53.4 directs operators to destroy animals
affected by or exposed to disease promptly after appraisal and dispose
of them by burial or burning, unless otherwise specifically provided by
the Administrator. Because food fish infected with or exposed to SVC
may retain salvage value if they are sold for processing or rendering,
we are adding a provision to this section to allow for those options.
Producers who collect salvage value for fish destroyed because of SVC
will have that value subtracted from the amount of indemnity they are
eligible to receive from APHIS under Sec. 53.2(b) resulting from the
destruction of fish affected with the disease.
Appraisal of Fish
Cyprinids are produced as food fish, bait fish, and ornamental
fish. Carp produced for food or bait would be subject to the
requirements of their appraisal classes to determine their fair market
value based on their size. With regard to bait fish, smaller fish are
more valuable. Fish produced for food, however, gain value as they grow
larger. Such factors are commonly used to determine the fair market
value of poultry, fish, and other livestock, as described in paragraph
(b) of Sec. 53.3. However, the primary type of carp currently affected
by SVC are ornamental koi. These fish can carry significant breeding
value, which is a valuation category already explicitly included in
Sec. 53.3(b). In the case of ornamental fish, their fair market value
is determined using the following characteristics: (1) Conformation,
which includes body size, shape, proportion and evidence or lack of
deformities; (2) quality, which includes coloration, depth of color,
tint, hue, and whiteness of background; (3) pattern of colors
displayed; and (4) breed differences relating to buyer desire/interest.
Again, these ornamental characteristics contribute to the breeding
value of the fish; therefore, it is not necessary to amend paragraph
(b) of Sec. 53.3 to provide indemnity based on these characteristics.
Claims Not Allowed
Section 53.10 of the regulations lists reasons why the
Administrator will disallow indemnity claims. We are adding provisions
to the section to require claimants to follow certain precautions to
avoid future SVC infection. Specifically, we are requiring that
producers depopulate all infected and exposed fish on their farms under
USDA or State supervision in order to ensure depopulation is conducted
humanely and under optimal biosecurity conditions. Further, we are
requiring producers to clean and disinfect affected premises and
equipment under USDA or State supervision to ensure the cleaning and
disinfection destroys all traces of SVC. We are also requiring that any
restocking be done with fish that are certified SVC-free by a USDA-
APHIS approved laboratory or in accordance with the diagnostic
procedures described in Chapter 2.1.4 of the OIE Manual of Diagnostic
Tests for Aquatic Animals, 2003 edition.\1\
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\1\ http://www.oie.int/eng/normes/fmanual/A_summry.htm_____________________________________-
Additionally, we are requiring that the producers demonstrate that
their water source(s) are SVC-free. Producers can ensure this by using
first-use spring water, spring water without fish, well water, ozone-
or ultraviolet-treated surface water, or bore-hole water and by using a
water source that is free of wild carp and any other SVC-susceptible
species. Finally, we are requiring producers to demonstrate that no
wild carp or any other wild SVC-susceptible species are able to migrate
into their farming operations. We are confident that these measures
will prevent the possibility of SVC reemerging on premises that receive
indemnity because of an SVC outbreak.
Interstate Movement Restrictions
We are adding a new paragraph (d)(6) in Sec. 71.3 to describe
conditions governing the interstate movement of SVC-affected fish.
Carp, especially ornamental varieties, are often shipped to other
aquaculture farms or to consumers where they may come into contact with
other farmed or wild fish. Therefore, preventing the interstate
movement of SVC-affected fish is especially important to prevent the
disease from spreading to other areas of the United States. SVC-
affected fish being moved in interstate transport directly to a
facility where they are to be processed into food for human consumption
are exempt from this requirement.
Emergency Action
This rulemaking is necessary on an emergency basis to provide for
the payment of indemnity to carp producers in the event that the
ongoing nationwide surveillance program reveals additional SVC-affected
areas. SVC is characterized as a listed disease by OIE and fits several
criteria for this classification, including having a negative affect on
wildlife populations that are shown to be an asset worth protecting and
having the potential to spread internationally. SVC has been discovered
on one fish farm in North Carolina and as a result, fish from that farm
as well as an associated farm in Virginia, were depopulated. We will
continue the
[[Page 27826]]
nationwide surveillance program to ensure additional farms are not
infected with SVC and to restore relationships with our trading
partners. It is also essential to establish interstate movement
prohibitions for SVC-affected fish.
Additional outbreaks of SVC may prove economically devastating for
carp producers in the United States. Providing indemnity to the
producers is instrumental in gaining their support for USDA's ongoing
surveillance program, which is essential to ensuring early detection,
control, and eradication of SVC. 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. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending our general indemnity regulations to allow the
Department to pay indemnity to owners for fish destroyed because of
SVC. Subject to available funding, the Department may pay eligible
owners up to 50 percent of the fair market value for fish destroyed
because of SVC. In addition, expenses incurred in connection with any
cleaning and disinfection required shall be shared according to the
agreement between APHIS and the State in which the work is done. These
actions are necessary to help control and eradicate this disease in the
United States. We are also amending our interstate movement regulations
to prevent the movement of fish infected with or exposed to SVC.
Cyprinids are produced as food fish, ornamental fish, and bait
fish. Overall, the United States is not a major world producer of SVC-
susceptible species. In 2000, the U.S. produced 10,625 metric tons of
carp, barbels, and other cyprinids, which was less than 0.1 percent of
world production that year. There are little solid data available on
this segment of the aquaculture industry. However, in 1998, the USDA
conducted a census, the first of its kind, on the cyprinid industry.
The survey's responses show that within the United States, 76 farms
produced carp for food, 115 farms produced ornamental koi, 65 farms
produced ornamental goldfish, and 34 farms produced baitfish. These
numbers do not reveal the specific number of separate U.S. farms that
produced each of the SVC-susceptible species in 1998, since some farms
produced more than one species. In 1998, the United States exported
live carp valued at $ 1.7 million.
Currently, SVC has been detected at only one commercial U.S. farm;
that farm operates fish-producing sites in both North Carolina and
Virginia. SVC virus antibodies were detected in native and nonnative
wild fish both upstream and 12 miles downstream from the initial
outbreak in North Carolina. Additionally, SVC has emerged in
populations of wild carp in Wisconsin and Illinois. Unless SVC is
eradicated or controlled, we believe that the disease could spread
further in the United States aquaculture industry through normal
interstate trade of farmed fish and associated products. Additionally,
the presence of SVC in this country damages our trading relationships
with other nations. Finally, further outbreaks of SVC also pose a risk
to susceptible species of fish in the wild. Officials from the North
Carolina Wildlife Commission have detected susceptible fish in the
waters of west-central North Carolina; some of those fish, however, are
not native to those waters. In order to prevent the further spread of
SVC, indemnification is necessary.
The Regulatory Flexibility Act requires agencies to consider the
economic effects of their rules on small entities. This rule has the
potential to affect cyprinid farms, large and small.
We expect producers with SVC-infected or -exposed fish to benefit
from this rule, because they will be eligible to receive indemnity
payments for certain losses and costs resulting from SVC. Currently,
those producers would suffer total losses, less any potential salvage
value, if their stock were infected with SVC. Further, producers would
have to carry the full costs of cleaning and disinfection. Under this
rule, the Department may pay eligible owners up to 50 percent of the
fair market value for fish destroyed because of SVC, subject to
available funding. In addition, expenses incurred in connection with
any cleaning and disinfection required shall be shared according to the
agreement between APHIS and the State in which the work is done.
Affected producers, especially those that own small cyprinid
operations, could see benefits, as described above, from this rule.
However, the number of potentially affected producers, of any size,
appears to be small; 273 operations in the United States raised SVC-
susceptible species in 1998.\2\ In 2004, APHIS identified 447 units
producing SVC-susceptible species. Based on composite data for
providers of the same and similar services, we assume that most of
those cyprinid operations are considered small entities. Of the 110,580
U.S. farms engaged in animal aquaculture and other animal production
\3\ in 1997, 99 percent had sales of less than $500,000, well below the
Small Business Administration's threshold of $750,000 for aquaculture
operations. The number of aquaculture farms likely to be affected is
unknown because SVC surveillance is ongoing. However, the portion of
the aquaculture industry susceptible to SVC is approximately 2 to 5
percent.\4\
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\2\ Dr. John Green. ``Economic Risk in the U.S. Relating to the
Fish Industry Susceptible to Spring Viremia of Carp.'' (3/10/04)
\3\ Establishments primarily engaged in raising animals and
insects, excluding cattle, hogs and pigs, poultry, sheep and goats,
and animal aquaculture.
\4\ See footnote 2.
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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 in conflict 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 new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
[[Page 27827]]
List of Subjects
9 CFR Part 53
Animal diseases, Indemnity payments, Livestock, Poultry and poultry
products.
9 CFR Part 71
Animal disease, Livestock, Poultry and poultry products,
Quarantine, Reporting and recordkeeping requirements, Transportation.
0
Accordingly, we are amending 9 CFR parts 53 and 71 as follows:
PART 53--FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, RINDERPEST, AND
CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY
0
1. The authority citation for part 53 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
Sec. 53.1 [Amended]
0
2. In Sec. 53.1, the definition of disease is amended by adding the
words ``spring viremia of carp,'' immediately after the word
``anemia,''.
Sec. 53.4 [Amended]
0
3. In Sec. 53.4, paragraph (a) is amended by adding the words ``spring
viremia of carp or'' immediately before the word ``infectious''.
Sec. 53.10 [Amended]
0
4. Section Sec. 53.10 is amended by adding a new paragraph (f) to read
as follows:
Sec. 53.10 Claims not allowed.
* * * * *
(f) The Department will not allow claims arising out of the
destruction of fish due to spring viremia of carp (SVC) unless the
claimants have done the following:
(1) Depopulated all SVC-infected and SVC-exposed fish on their
property under the supervision of USDA or State officials;
(2) Thoroughly cleaned and disinfected all affected sites and all
affected equipment under the supervision of USDA or State officials;
(3) If an affected site is to be restocked after cleaning and
disinfection, the claimant must have done the following:
(i) Restocked with fish certified free of SVC by an APHIS-approved
laboratory or in accordance with the diagnostic procedures described in
the Office of International des Epizooties Manual of Diagnostic Tests
For Aquatic Animals;
(ii) Demonstrated that their water sources are from first-use
spring water, spring water without fish, well water, ozone or
ultraviolet treated surface water, or bore-hole water and are free of
wild carp and any other SVC-susceptible species; and
(iii) Prevented the migration of wild carp and any other wild SVC-
susceptible species into their farming establishment.
* * * * *
PART 71--GENERAL PROVISIONS
0
6. The authority citation for part 71 continues to read as follows:
Authority: 7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.
0
7. Section 71.3 is amended by redesignating paragraph (d)(6) as
paragraph (d)(7) and adding a new paragraph (d)(6) to read as follows:
Sec. 71.3 Interstate movement of diseased animals and poultry
generally prohibited.
* * * * *
(d) * * *
(6) Fish affected with spring viremia of carp may be moved
interstate only if they are being moved directly to a facility to be
processed into food for human consumption.
* * * * *
Done in Washington, DC, this 12th day of May 2004.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-11085 Filed 5-14-04; 8:45 am]
BILLING CODE 3410-34-P