April 14, 2005 – Federal Register Recent Federal Regulation Documents

The Mid-Atlantic Fishery Management Council (Council) and its Atlantic Mackerel Committee; its Research Set-Aside Committee; its Surfclam and Ocean Quahog Committee; its Ecosystems Committee; and, its Executive Committee will hold public meetings.

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR part 32 Specific Domestic Licenses to Manufacture or Transfer Certain Items Containing Byproduct Material. 2. Current OMB approval number: 3150-0001. 3. How often the collection is required: There is a one-time submittal of information to receive a license. Renewal applications are submitted every 10 years. In addition, recordkeeping must be performed on an on-going basis, and reports of transfer of byproduct material must be reported every 5 years, and in a few cases, every year. 4. Who is required or asked to report: All specific licensees who manufacture or initially transfer items containing byproduct material for sale or distribution to general licensees or persons exempt from licensing. 5. The estimated number of annual respondents: 972 (275 NRC licensees and 700 Agreement State licensees). 6. The number of hours needed annually to complete the requirement or request: 135,741 (36,623 hours for NRC licensees [5,225 hours reporting, or an average of 8 hours per response + 31,398 hours recordkeeping, or 114 hours per recordkeeper] and 99,118 hours for Agreement State licensees [20,863 hours reporting, or an average of 8.3 hours per response + 78,255 hours recordkeeping, or an average of 112 hours per recordkeeper]). 7. Abstract: 10 CFR part 32 establishes requirements for specific licenses for the introduction of byproduct material into products or materials and transfer of the products or materials to general licensees or persons exempt from licensing. It also prescribes requirements governing holders of the specific licenses. Some of the requirements are for information which must be submitted in an application for a specific license, records which must be kept, reports which must be submitted, and information which must be forwarded to general licensees and persons exempt from licensing. In addition, 10 CFR part 32 prescribes requirements for the issuance of certificates of registration (concerning radiation safety information about a product) to manufacturers or initial transferors of sealed sources and devices. Submission or retention of the information is mandatory for persons subject to the 10 CFR part 32 requirements. The information is used by NRC to make licensing and other regulatory determinations concerning the use of radioactive byproduct material in products and devices. Submit, by June 13, 2005, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC World Wide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC Home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-5 F53, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.

On April 8, 2005, the Chairman of CITA received a petition from Oxford Industries alleging that certain 100 percent cotton, 2 x 2 twill weave, flannel fabrics, of ring spun and combed 2 ply yarns, of the specifications detailed below, classified in subheading 5208.43.0000 of the Harmonized Tariff Schedule of the United States (HTSUS), cannot be supplied by the domestic industry in commercial quantities in a timely manner. The petition requests that men's and boys' woven cotton shirts and women's and girls woven cotton blouses of such fabrics assembled in one or more CBTPA beneficiary countries be eligible for preferential treatment under the CBTPA. CITA hereby solicits public comments on this petition, in particular with regard to whether these fabrics can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by April 29, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, 14th and Constitution, NW., Washington, DC 20230.

The Food and Drug Administration (FDA) is declaring unlawful the unapproved marketing of certain parenteral multivitamin drug products for which a hearing was requested, but for which the sponsors have withdrawn the hearing requests. FDA is taking this action because the products lack substantial evidence of effectiveness as fixed combination drug products.

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on certain information collections pertaining to hazardous materials transportation for which PHMSA intends to request renewal from the Office of Management and Budget (OMB).

In accordance with the procedures governing the application for, and the processing of, exemptions from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular exemption is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

The Assistant Secretary for Vocational and Adult Education announces requirements and selection criteria under the Tech-Prep Demonstration Program (TPDP). The Assistant Secretary may use these requirements and selection criteria for competitions in fiscal year (FY) 2005 and later years. We take this action to clarify the Department's expectations regarding this program, so that TPDP-funded projects will help students, schools, and teachers in their efforts to improve student achievement, meet high standards for high school graduation, and increase enrollment and persistence rates in postsecondary education.

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) by increasing the country scope of chemical/biological (CB) controls on those Commerce Control List (CCL) entries that contain chemical/ biological equipment and related technology included on the Australia Group (AG) Common Control Lists. Specifically, this final rule expands the country scope of the CB license requirements for these CCL entries from certain countries of concern for chemical/biological weapons reasons to all destinations, worldwide, except for those countries that participate in the Australia Group (AG). These changes are intended to make the EAR license requirements that apply to chemical/biological equipment and related technology identified on the AG Common Control Lists consistent with the AG ``Guidelines for Transfers of Sensitive Chemical or Biological Items.'' In addition, this rule amends certain end-user and end-use based controls in the EAR by expanding these controls to include transfers (in-country), as well as exports and reexports. Specifically, this final rule expands the EAR restrictions on certain chemical and biological weapons end-uses to apply to exports, reexports, and transfers of items subject to the EAR to or within any country or destination, worldwide. Prior to the publication of this rule, such restrictions applied only to exports and reexports. Finally, this rule amends the EAR by expanding the country scope of the restrictions on certain activities of U.S. persons to include activities in support of the design, development, production, stockpiling, or use of chemical or biological weapons in or by any country or destination, worldwide. This change makes the country scope of these U.S. person controls consistent with the country scope of the chemical and biological weapons end-user/end-use controls in Section 744.4 of the EAR, as described above.

The FAA is extending for an additional 30 days the comment period on the draft regulatory language that is the subject of a document published on March 1, 2005. The comment period now extends until June 1, 2005. The draft describes changes to the commercial space transportation regulations governing licensing and safety requirements for launch.

The public is invited to comment on the following applications to conduct certain activities with endangered species and/or marine mammals.

NMFS has received an application for an incidental take permit (Permit) from David N. Hata, Ph.D., Virginia Polytechnic Institute and State University (Virginia Tech) pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, the application includes a conservation plan designed to minimize and mitigate any such take of endangered or threatened species. The Permit application is for the incidental take of ESA-listed sea turtles, shortnose sturgeon, smalltooth sawfish, and Atlantic salmon associated with otherwise lawful research to assess horseshoe crab abundance from Cape Cod, Massachusetts south to the Georgia-Florida border. The duration of the proposed Permit is for 6 years. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on this document. All comments received will become part of the public record and will be available for review.

NMFS proposes 2005 fishing year (FY) Total Allowable Catches (TACs) for Georges Bank (GB) cod, haddock, and yellowtail flounder in the U.S./Canada Management Area, and provides notice that these TACs may be adjusted during FY 2005, if NMFS determines that the harvest of these stocks in FY 2004 exceeded the TACs specified for FY 2004. The intent of this action is to provide for the conservation and management of those three stocks of fish.

The Study of the U.S. Branch, Office of Academic Exchange Programs, Bureau of Educational and Cultural Affairs, announces an open competition for public and private non-profit organizations to develop and implement a four-week ``Study of the United States Institute for Bolivian Indigenous Student Leaders'' to take place in January or January-February 2006. This program is to be conducted in Spanish as the primary language of instruction. It is designed to provide a group of 12 to 15 highly motivated undergraduate student leaders representing the Bolivian indigenous population with a four-week academic seminar and educational travel program that will give them a deeper understanding of U.S. society, culture, values and institutions, while at the same time assisting these participants in the further development of their leadership potential and collective problem-solving skills. The Bureau anticipates providing one assistance award to support this program. Program participants will be drawn principally from the Quechua and Aymara indigenous groups of Bolivia, but should include students from some of Bolivia's 30 other ethnic groups. The participants will be identified and selected by the U.S. Embassy in La Paz, in consultation with the State Department's Bureau of Western Hemisphere Affairs and ECA. Participants will be selected on the basis of their demonstrated leadership capacity as well as academic achievement, community involvement and interest in learning about the United States. It is expected that they will draw on the experience derived from this institute in future positions of leadership in their community and home country.

The Environmental Protection Agency, Science Advisory Board (SAB) Staff Office announces a public meeting of the Clean Air Scientific Advisory Committee's (CASAC) Ozone Review Panel (Panel) to conduct a peer review of the Air Quality Criteria for Ozone and Related Photochemical Oxidants (First External Review Draft), Volumes I, II, and III, (EPA/600/R-05/004aA, bA, and cA, January 2005).

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request for an existing approved collection. This ICR is scheduled to expire on September 30, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.

Notice is hereby given that the State of Georgia is revising its approved Public Water System Supervision Program. Georgia has adopted drinking water regulations for Long Term 1 Enhanced Surface Water Treatment Rule and Filter Backwash Rule. EPA has determined that these revisions are no less stringent than the corresponding federal regulations. Therefore, EPA intends on approving this State program revision. All interested parties may request a public hearing. A request for a public hearing must be submitted by May 16, 2005 to the Regional Administrator at the address shown below. Frivolous or insubstantial requests for a hearing may be denied by the Regional Administrator. However, if a substantial request for a public hearing is made by May 16, 2005, a public hearing will be held. If no timely and appropriate request for a hearing is received and the Regional Administrator does not elect to hold a hearing on his own motion, this determination shall become final and effective on May 16, 2005. Any request for a public hearing shall include the following information: (1) The name, address, and telephone number of the individual organization, or other entity requesting a hearing; (2) A brief statement of the requesting person's interest in the Regional Administrator's determination and a brief statement of the information that the requesting person intends to submit at such hearing; (3) The signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ's'') initial determination (``ID'') granting complainants' motion to amend the notice of investigation in the above- captioned investigation to add claims 2-4 and 23-26 and to remove claims 5-7 and 28-31 from one of the asserted patents at issue in the investigation, U.S. Patent No. 5,600,506.

The Institute of Museum and Library Services (IMLS), is publishing an amendment of its systems of records with descriptions of the systems and the ways they are maintained, as required by the Privacy Act of 1974, 5 U.S.C. 552(a)(e)(4). This notice clarifies the appropriate systems managers, thus enabling individuals who wish to access information maintained in IMLS systems to make accurate and specific requests for such information.

We are approving a proposed amendment to the Virginia regulatory program under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The program amendment revises Virginia's Coal Surface Mining Reclamation Regulations concerning performance bonds furnished pursuant to the Coal Surface Mining Reclamation (Pool Bond) Fund. The amendment is intended to conform the performance bond release procedures that are applied to Virginia's ``alternative bonding system'' with bond release procedures used for other performance bonds. The amendment is also intended to clarify language regarding minimum bond amounts for phased bond release.

This document amends Government Accountability Office (GAO) Bid Protest Regulations by revising the definition of an interested party to permit a protest to be filed by an agency tender official (ATO) in certain public-private competitions under Office of Management and Budget (OMB) Circular A-76. This document also revises the definition of an intervenor to permit an ATO and an employee representative to intervene in certain protests involving public- private competitions under OMB Circular A-76. This action implements the provisions of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 related to the bid protest process, where a public-private competition has been conducted under OMB Circular A-76 regarding an activity or function of a Federal agency performed by more than 65 full-time equivalent (FTE) employees of the Federal agency.