August 30, 2005 – Federal Register Recent Federal Regulation Documents

Revisions to the California State Implementation Plan, San Joaquin Valley Unified Air Pollution Control District
Document Number: 05-17196
Type: Proposed Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to the San Joaquin Valley Unified Air Pollution Control District portion of the California State Implementation Plan (SIP). These revisions concern particulate matter (PM-10) emissions from fugitive dust sources. We are proposing to approve amendments to local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.
National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing
Document Number: 05-17194
Type: Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
On July 1, 2005, the EPA issued direct final amendments to the national emission standards for hazardous air pollutants (NESHAP) for Miscellaneous Organic Chemical Manufacturing, along with a parallel proposal to be used as the basis for final action in the event EPA received any adverse comments on the direct final amendments. Because adverse comment was received, EPA is withdrawing the corresponding parts of the direct final rule. We stated in that direct final rule that if we received adverse comment by August 1, 2005, we would publish a timely withdrawal in the Federal Register. We will address all comments in a subsequent final rule based on the parallel proposal published on July 1, 2005. As stated in the parallel proposal, we will not institute a second comment period on this action.
National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing
Document Number: 05-17193
Type: Proposed Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
This action proposes amendments to the national emission standards for hazardous air pollutants (NESHAP) for integrated iron and steel manufacturing. The proposed amendments would add a new compliance option, revise emission limitations, reduce the frequency of repeat performance tests for certain emissions units, add corrective action requirements, and clarify certain monitoring, recordkeeping, and reporting requirements.
Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide for the 2005 Supplemental Request
Document Number: 05-17191
Type: Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
With this action EPA is taking direct final action to authorize use of 610,665 kilograms of methyl bromide for supplemental critical uses in 2005 through the allocation of additional critical stock allowances (CSAs). This allocation supplements the critical use allowances (CUAs) and CSAs previously allocated for 2005, as published in the Federal Register on December 23, 2004 (69 FR 76982). Further, EPA is amending the list of exempted critical uses. With today's action EPA is exempting methyl bromide for critical uses beyond the phaseout under the authority of the Clean Air Act (CAA or the Act) and in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol).
Protection of Stratospheric Ozone: Process for Exempting Critical Uses of Methyl Bromide for the 2005 Supplemental Request
Document Number: 05-17190
Type: Proposed Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
With this action EPA is proposing to authorize use of 610,665 kilograms of methyl bromide for supplemental critical uses in 2005 through the allocation of additional critical stock allowances (CSAs). This allocation would supplement the critical use allowances (CUAs) and CSAs previously allocated for 2005, as published in the Federal Register on December 23, 2004 (69 FR 76982). Further, EPA is proposing to amend the existing list of exempted critical uses. With today's action EPA is proposing to exempt methyl bromide for critical uses beyond the phaseout under the authority of the Clean Air Act (CAA or the Act) and in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol). In the ``Rules and Regulations'' section of today's Federal Register, we are authorizing these CSAs and critical uses as a direct final rule without prior proposal because we view this as a noncontroversial action and expect no adverse comment. We have explained our reasons for this authorization in the Preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will address all public comments in the subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time.
Notice of Proposed Information Collection for 1029-0063
Document Number: 05-17187
Type: Notice
Date: 2005-08-30
Agency: Department of the Interior, Office of Surface Mining Reclamation and Enforcement, Surface Mining Reclamation and Enforcement Office
In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information for 30 CFR part 870 and the OSM-1 Form. This collection consolidates the requirements for all of part 870, including the provisions for excess moisture deductions previously approved by the Office of Management and Budget (OMB) under control number 1029-0090.
Sentencing Guidelines for United States Courts
Document Number: 05-17186
Type: Notice
Date: 2005-08-30
Agency: United States Sentencing Commission, Agencies and Commissions
In June 2005, the Commission published a notice of possible policy priorities for the amendment cycle ending May 1, 2006. See 70 FR 37145 (June 28, 2005). After reviewing public comment received pursuant to the notice of proposed priorities, the Commission has identified its policy priorities for the upcoming amendment cycle and hereby gives notice of these policy priorities.
Electronic Filing of Annual Reports
Document Number: 05-17185
Type: Proposed Rule
Date: 2005-08-30
Agency: Employee Benefits Security Administration, Department of Labor
This document contains a proposed regulation that, upon adoption, would establish an electronic filing requirement for certain annual reports required to be filed with the Department of Labor by plan administrators and other entities. The Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (the Code), and the regulations issued thereunder, impose certain annual reporting obligations on pension and welfare benefit plans, as well as on certain other entities. These annual reporting obligations generally are satisfied by filing the Form 5500 Series. Currently, the Department of Labor, the Pension Benefit Guaranty Corporation, and the Internal Revenue Service (the Agencies) use an automated document processing systemthe ERISA Filing Acceptance Systemto process the Form 5500 Series filings. As part of the Department's efforts to update and streamline the current processing system, the Department has determined that improvements and cost savings in the filing processes can best be achieved by adopting a wholly electronic filing processing system and eliminating the currently accepted paper filings. The Department believes that a wholly electronic system will result in, among other things, reduced filer errors and, therefore, reduced correspondence and potential for filer penalties; more timely data for public disclosure and enforcement, thereby enhancing the protections for participants and beneficiaries; and lower annual report processing costs, benefiting taxpayers generally. As part of the move to a wholly electronic filing system, the regulation contained in this document would, upon adoption, require Form 5500 filings made to satisfy the annual reporting obligations under Title I of ERISA to be made electronically. In order to ensure an orderly and cost-effective migration to an electronic filing system by both the Department and Form 5500 filers, under the proposal the requirement to file electronically would not apply until plan years beginning on or after January 1, 2007, with the first electronically filed forms due in 2008. Upon adoption, this regulation would affect employee pension and welfare benefit plans, plan sponsors, administrators, and service providers to plans subject to Title I of ERISA.
MET Laboratories, Inc., Application for Expansion of Recognition
Document Number: 05-17184
Type: Notice
Date: 2005-08-30
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces the application of MET Laboratories, Inc., (MET) for expansion of its recognition to use additional test standards, and presents the Agency's preliminary finding to grant MET's requested expansion of recognition. This preliminary finding does not constitute an interim or temporary approval of this application.
TUV America, Inc., Expansion of Recognition
Document Number: 05-17183
Type: Notice
Date: 2005-08-30
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces the Occupational Safety and Health Administration's final decision expanding the recognition of TUV America, Inc., as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
NSF International, Renewal of Recognition
Document Number: 05-17182
Type: Notice
Date: 2005-08-30
Agency: Department of Labor, Occupational Safety and Health Administration
This notice announces the Occupational Safety and Health Administration's final decision granting the renewal of recognition of NSF International (NSF) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7.
Vaccines and Related Biological Products Advisory Committee; Notice of Meeting
Document Number: 05-17181
Type: Notice
Date: 2005-08-30
Agency: Food and Drug Administration, Department of Health and Human Services
Recruitment of Sites for Assignment of Corps Personnel
Document Number: 05-17180
Type: Notice
Date: 2005-08-30
Agency: Department of Health and Human Services, Health Resources and Services Administration
The Health Resources and Services Administration (HRSA) announces that the listing of entities and their Health Professional Shortage Area (HPSA) scores that will receive priority for the assignment of National Health Service Corps (NHSC) personnel (Corps Personnel, Corps members) for the period July 1, 2005 through June 30, 2006, is posted on the NHSC Web site at https://nhsc.bhpr.hrsa.gov/ resources/fedreg-hpol/. This list specifies which entities are eligible to receive assignment of Corps members who are participating in the NHSC Scholarship Program, the NHSC Loan Repayment Program, and Corps members who have become Corps members other than pursuant to contractual obligations under the Scholarship or Loan Repayment Programs. Please note that not all vacancies associated with sites on this list will be for Corps members, but could be for individuals serving an obligation to the NHSC through the Private Practice Option.
White River National Forest; and Grand Mesa, Uncompahgre, and Gunnison National Forests; Bull Mountain Natural Gas Pipeline
Document Number: 05-17179
Type: Notice
Date: 2005-08-30
Agency: Department of Agriculture, Forest Service
SG Interests I, LTD (SGI) of Houston, Texas, has submitted to the White River National Forest, the Grand Mesa, Uncompahgre and Gunnison National Forests, and the Bureau of Land Management (BLM) Glenwood Springs Field Office, a proposal to authorize SGI to construct, operate and maintain a 20-inch pipeline system to transport natural gas from production operations in the Bull Mountain Unit, 21 miles northeast of Paonia, CO, to the existing Divide Creek pipeline system, 10 miles south of Silt, CO, for delivery into interstate natural gas pipeline systems. The proposed pipeline crosses portions of Gunnison, Delta, Mesa, and Garfield Counties, CO. In addition to the natural gas pipeline, an 8-inch water pipeline would be installed in the same trench during the construction operations. The water pipeline would transport produced water from well drilling activities to a commercially available disposal facility at the north end of the pipeline. SGI has submitted a right-of-way application and temporary use are application to the Glenwood Springs Field Office of the BLM, which is the authorizing agency for natural gas pipelines under the Mineral Leasing Act where the lands are managed by two or more Federal agencies. Total length of the proposed pipeline is approximately 252.5 miles, starting on private land located in Section 10, T11S, R90W, 21 miles northeast of Paonia, CO, and traversing north approximately 8.2 miles on the Grad Mesa, Uncompahgre and Gunnison National Forests to the White River National Forest boundary. It then continues north for 8.1 miles in the White River National Forest-Rifle Ranger District. From the White River National Forest, it traverses approximately 3.5 miles of BLM, and then crosses onto private lands at Section 5, T8S, R91W (5.6 miles total on private land for entire length), and connects the existing Divide Creek pipeline located in Section 1, T8S, R92W. The proposed pipeline route starts in Gunnison County on the south end, and crosses north through portions of Delta, and Mesa Counties, and ending at the Divide Creek Compressor Station in Section 1, T8S, R92W, Garfield County, CO. The proposed pipeline route follows existing pipeline routes for approximately 44% of the entire length across all land ownerships. On National Forest lands, the proposed pipeline route follows existing pipeline routes for approximately 57% of the total proposed route on National Forest lands. The proposed pipeline deviates from existing pipeline routes for engineering constructability issues or to avoid private land where there have been landowner objections. In addition to the pipeline proposals, the proposal action includes proposals by the White River National Forest and the Grand Mesa, Uncompahgre and Gunnison National Forests to change the area within and adjacent to the proposed pipeline right-of-way to a ``Utility Corridor'' management prescription. This would require a Forest Plan amendment for each Forest. These Forest Plan amendments would be considered non-significant per Forest Service Manual (FSM) 1922.51-2. ``Adjustments of management area boundaries or management prescriptions [that] do not cause significant changes in multiple use goals and objectives for long-term land and resource management.'' The Plan amendments would place the lands in the appropriate management prescription for utility corridors. This management prescription describes the desired condition, and contains standards and guidelines that are appropriate for utility corridors. The proposed utility corridor management area designation may be from 8-12 miles in length on each Forest, depending on the analysis.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: 05-17178
Type: Notice
Date: 2005-08-30
Agency: Department of Health and Human Services, Substance Abuse and Mental Health Services Administration
Building for Local Organizations in the Republic of South Africa and the Kingdoms of Lesotho and Swaziland; Notice of Availability of Funds-Amendment
Document Number: 05-17177
Type: Notice
Date: 2005-08-30
Agency: Centers for Disease Control and Prevention, Department of Health and Human Services
Notice of a 30-Day Public Comment Period To Affirm the Policy for the Standards To Establish the Potash Enclave as Used To Administer the Secretarial Order of 1986 Entitled “Oil and Gas and Potash Leasing and Development Within the Designated Potash Area of Eddy and Lea Counties, New Mexico”
Document Number: 05-17176
Type: Notice
Date: 2005-08-30
Agency: Department of the Interior, Bureau of Land Management, Land Management Bureau
This notice solicits public comments on the report which affirms the existing policy on the criteria used to establish the potash enclave.
Medicare Program; Prior Determination for Certain Items and Services
Document Number: 05-17175
Type: Proposed Rule
Date: 2005-08-30
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
Section 938 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 requires the Secretary to establish a process for Medicare contractors to provide eligible participating physicians and beneficiaries with a determination of coverage relating to medical necessity for certain physicians' services before the services are furnished. This rule is intended to afford the physician and beneficiary the opportunity to know the financial liability for a service before expenses are incurred. This proposed rule would establish reasonable limits on physicians' services for which a prior determination of coverage may be requested and discusses generally our plans for establishing the procedures by which those determinations may be obtained.
Certain Non-Frozen Concentrated Apple Juice From China
Document Number: 05-17174
Type: Notice
Date: 2005-08-30
Agency: International Trade Commission, Agencies and Commissions
The Commission hereby gives notice of the scheduling of an expedited review pursuant to section 751(c)(3) of the Tariff Act of 1930 (19 U.S.C. 1675(c)(3)) (the Act) to determine whether revocation of the antidumping duty order on certain non-frozen concentrated apple juice from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A, D, E and F (19 CFR part 207).
Injurious Wildlife Species; Black Carp (Mylopharyngodon piceus
Document Number: 05-17173
Type: Proposed Rule
Date: 2005-08-30
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service, announce the availability of a draft environmental assessment and draft economic analysis for public comment. These documents supplement the information in the proposed rule to add all forms (diploid and triploid) of live black carp (Mylopharyngodon piceus), gametes, and viable eggs to the list of injurious fish, mollusks, and crustaceans under the Lacey Act. We are also soliciting public comments on all aspects of the proposed rule.
National Small Business Development Center Advisory Board; Public Meeting
Document Number: 05-17172
Type: Notice
Date: 2005-08-30
Agency: Small Business Administration, Agencies and Commissions
National Small Business Development Center Advisory Board; Public Meeting
Document Number: 05-17171
Type: Notice
Date: 2005-08-30
Agency: Small Business Administration, Agencies and Commissions
Florida; Amendment No. 7 to Notice of a Major Disaster Declaration
Document Number: 05-17170
Type: Notice
Date: 2005-08-30
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the State of Florida (FEMA-1595-DR), dated July 10, 2005, and related determinations.
Maine; Amendment No. 1 to Notice of a Major Disaster Declaration
Document Number: 05-17169
Type: Notice
Date: 2005-08-30
Agency: Federal Emergency Management Agency, Department of Homeland Security
This notice amends the notice of a major disaster declaration for the State of Maine (FEMA-1591-DR), dated June 29, 2005, and related determinations.
Meeting With Interested Individuals for Comment on Communications and Marketing Campaign Concepts for Baby Boomers
Document Number: 05-17168
Type: Notice
Date: 2005-08-30
Agency: Corporation for National and Community Service, Agencies and Commissions
The Corporation for National and Community Service will hold a meeting to discuss the development of its proposed communications and marketing campaign concepts targeted at baby boomers. The mission of the Corporation for National and Community Service is to provide opportunities for Americans to engage in service that addresses our nation's educational, public safety, environmental and other human needs. As part of this mission, the Corporation is developing a marketing campaign targeted at baby boomers, as this audience moves towards retirement and is faced with an increase in free time. The intent of the marketing campaign will be to recruit baby boomers to various Corporation programs, as well as to volunteer service in general. In holding meetings to discuss the Corporation's draft campaign concepts for baby boomers, we are interested in receiving comments from individuals born between the years of 1946 and 1964.
Notice of Intent To Prepare an Environmental Impact Statement for the Confederated Tribes of the Warm Springs Reservation of Oregon Proposed Trust Acquisition and Resort and Casino Project, Cascade Locks, Hood River County, OR
Document Number: 05-17167
Type: Notice
Date: 2005-08-30
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, in cooperation with the Confederated Tribes of the Warm Springs Reservation of Oregon (Tribes), intends to prepare an Environmental Impact Statement (EIS) for a proposed 25-acre trust acquisition and resort and casino project, including transportation system improvements, to be located within the city of Cascade Locks, Hood River County, Oregon. Other cooperating agencies include the Oregon Department of Transportation, the city of Cascade Locks, the port of Cascade Locks, Hood River County and, because of proposed transportation system improvements to Interstate 84, the Federal Highway Administration. The purpose of the proposed action is to improve the economy of the Tribes and help their members attain economic self-sufficiency. This notice also announces public scoping meetings to identify potential issues and alternatives to be considered in the EIS.
Advisory Committee on Smaller Public Companies
Document Number: 05-17166
Type: Notice
Date: 2005-08-30
Agency: Securities and Exchange Commission, Agencies and Commissions
Fresh and Chilled Atlantic Salmon From Norway
Document Number: 05-17164
Type: Notice
Date: 2005-08-30
Agency: International Trade Commission, Agencies and Commissions
Safety Zone; Northerly Island, Chicago, IL
Document Number: 05-17160
Type: Rule
Date: 2005-08-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone for the Stormwater Conveyance System Construction Project located off of Northerly Island, Lake Michigan, Chicago, IL. The safety zone is necessary to protect vessels and persons from potential hazards during the initial tunneling phase of the project. This phase will involve extensive blasting operations. This safety zone is intended to restrict vessels from a portion of Lake Michigan in Chicago, IL.
Safety Zone; Celebrate Baldwinsville Fireworks, Baldwinsville, NY
Document Number: 05-17159
Type: Rule
Date: 2005-08-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of the Seneca River. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. This safety zone is intended to restrict vessel traffic from a portion of the Seneca River, New York.
Implementation of Sector Jacksonville
Document Number: 05-17158
Type: Notice
Date: 2005-08-30
Agency: Coast Guard, Department of Homeland Security
The Coast Guard announces the establishment of Sector Jacksonville. The Sector Jacksonville Commanding Officer will have the authority, responsibility and missions of a Group Commander, Captain of the Port (COTP) and Commanding Officer, Marine Safety Office (MSO). The Coast Guard has established a continuity of operations order whereby all previous practices and procedures will remain in effect until superseded by an authorized Coast Guard official and/or document.
Records Schedules; Availability and Request for Comments
Document Number: 05-17157
Type: Notice
Date: 2005-08-30
Agency: National Archives and Records Administration, Agencies and Commissions
The National Archives and Records Administration (NARA) publishes notice at least once monthly of certain Federal agency requests for records disposition authority (records schedules). Once approved by NARA, records schedules provide mandatory instructions on what happens to records when no longer needed for current Government business. They authorize the preservation of records of continuing value in the National Archives of the United States and the destruction, after a specified period, of records lacking administrative, legal, research, or other value. Notice is published for records schedules in which agencies propose to destroy records not previously authorized for disposal or reduce the retention period of records already authorized for disposal. NARA invites public comments on such records schedules, as required by 44 U.S.C. 3303a(a).
State, District, and Local Party Committee Payment of Certain Salaries and Wages
Document Number: 05-17156
Type: Proposed Rule
Date: 2005-08-30
Agency: Federal Election Commission, Agencies and Commissions
This notice reopens the comment period for a notice of proposed rulemaking for proposed changes to regulations regarding payments by State, district or local party committees for salaries and wages of employees who spend 25 percent or less of their compensated time in a month on activities in connection with a Federal election. The proposed changes would require these expenses to be paid using at least some Federal funds, consistent with the rulings of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit in Shays v. Federal Election Commission.
Definition of Federal Election Activity
Document Number: 05-17155
Type: Proposed Rule
Date: 2005-08-30
Agency: Federal Election Commission, Agencies and Commissions
This notice reopens the comment period for a notice of proposed rulemaking to amend the definition of ``Federal election activity.'' The comment period will be open for thirty days. The NPRM includes proposals that would retain the existing definition of ``voter registration activity'' and modify the existing definitions of ``get- out-the-vote activity'' and ``voter identification'' to conform Commission rules to the ruling of the U.S. District Court for the District of Columbia in Shays v. Federal Election Commission.
Lake Tahoe Basin Management Unit; El Dorado Co., CA, Douglas Co., NV, Alpine Co., CA, Heavenly Mountain Resort Master Plan Amendment, 2006
Document Number: 05-17154
Type: Notice
Date: 2005-08-30
Agency: Department of Agriculture, Forest Service
The Department of Agriculture, Forest Service, Lake Tahoe Basin Management Unit, will prepare a Draft Environmental Impact Statement (DEIS) for the Heavenly Mountain Resort Master Plan Amendment, 2006. This update includes operational improvements for more efficient use of existing and proposed ski facilities, better skier dispersal, summer activities and lodge locations. Heavenly Mountain Resort is located within El Dorado and Alpine Co., California, and Douglas Co., Nevada, on the border between California and Nevada, adjacent to the community of Stateline. This Master Plan Amendment is submitted based on the existing 1996 Master Plan as part of Heavenly's special use permit.
Agenda and Notice of Public Meeting of the Georgia Advisory Committee
Document Number: 05-17153
Type: Notice
Date: 2005-08-30
Agency: Civil Rights Commission, Agencies and Commissions
Agenda and Notice of Public Meeting of the Florida Advisory Committee
Document Number: 05-17152
Type: Notice
Date: 2005-08-30
Agency: Civil Rights Commission, Agencies and Commissions
Arkansas Midland Railroad Company, Inc.-Lease and Operation Exemption-Union Pacific Railroad Company
Document Number: 05-17139
Type: Notice
Date: 2005-08-30
Agency: Surface Transportation Board, Department of Transportation
Norfolk Southern Railway Company-Discontinuance of Service Exemption-in Sumter County, SC
Document Number: 05-17136
Type: Notice
Date: 2005-08-30
Agency: Surface Transportation Board, Department of Transportation
Revised Medical Criteria for Evaluating Impairments That Affect Multiple Body Systems
Document Number: 05-17114
Type: Rule
Date: 2005-08-30
Agency: Social Security Administration, Agencies and Commissions
We are revising the criteria in the Listing of Impairments (the listings) that we use to evaluate claims involving impairments that affect multiple body systems. We apply these criteria when you claim benefits based on disability under title II and title XVI of the Social Security Act (the Act). The revisions reflect current medical knowledge, methods of evaluating impairments that affect multiple body systems, treatment, and our adjudicative experience.
Federal Motor Vehicle Safety Standards; Motorcycle Controls and Displays
Document Number: 05-17103
Type: Rule
Date: 2005-08-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
In this document, we (NHTSA) amend the Federal motor vehicle safety standard on motorcycle controls and displays to require that the rear brake control on scooters without a clutch be located on the left handlebar. In doing so, we have selected the second of two alternative proposals that were set forth in a notice of proposed rulemaking published in November 2003. This final rule also includes requirements for motorcycles with single-point (combined) braking for supplemental rear brake controls. This final rule also makes two additional minor changes to the standard. The first change removes a potentially confusing abbreviation, and the second change clarifies requirements for motorcycle speedometer labeling.
Average Fuel Economy Standards for Light Trucks; Model Years 2008-2011
Document Number: 05-17006
Type: Proposed Rule
Date: 2005-08-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice proposes to reform the structure of the corporate average fuel economy (CAFE) program for light trucks and proposes to establish higher CAFE standards for model year (MY) 2008-2011 light trucks. Reforming the CAFE program would enable it to achieve larger fuel savings while enhancing safety and preventing adverse economic consequences. During a transition period of MYs 2008-2010, manufacturers may comply with CAFE standards established under the reformed structure (Reformed CAFE) or with standards established in the traditional way (Unreformed CAFE). This will permit manufacturers to gain experience with the Reformed CAFE standards. In MY 2011, all manufacturers would be required to comply with a Reformed CAFE standard. The reform is based on vehicle size. Under Reformed CAFE, fuel economy standards are restructured so that they are based on a measure of vehicle size called ``footprint,'' the product of multiplying a vehicle's wheelbase by its track width. Vehicles would be divided into footprint categories, each representing a different range of footprint. A target level of average fuel economy is proposed for each footprint category, with smaller footprint light trucks expected to achieve more fuel economy and larger ones, less. Each manufacturer would still be required to comply with a single overall average fuel economy level for each model year of production. A particular manufacturer's compliance obligation for a model year is calculated as the harmonic average of the fuel economy targets in each size category, weighted by the distribution of manufacturer's production volumes across the size categories. The proposed Unreformed CAFE standards are: 22.5 miles per gallon (mpg) for MY 2008, 23.1 mpg for MY 2009, and 23.5 mpg for MY 2010. The Reformed CAFE standards for those model years would be set at levels intended to ensure that the industry-wide costs of the Reformed standards are roughly equivalent to the industry-wide costs of the Unreformed CAFE standards in those model years. For MY 2011, the Reformed CAFE standard would be set at the level that maximizes net benefits, accounting for unquantified benefits and costs. We believe that all of the proposed standards would be set at the maximum feasible level, while accounting for technological feasibility, economic practicability and other relevant factors. Since a manufacturer's compliance obligation for a model year under Reformed CAFE depends in part on its actual production in that model year, the obligation cannot be calculated with absolute precision until the final production figures for that model year become known. However, a manufacturer could calculate its obligation with a reasonably high degree of accuracy in advance of that model year, based on its product plans for the year. Prior to and during the model year, the manufacturer would be able to track all of the key variables in the formula used for calculating the obligation (e.g., distribution of production among the categories and vehicle fuel economy). This notice publishes estimates of the compliance obligations, by manufacturer, for MYs 2008-2011 under Reformed CAFE, using the fuel economy targets proposed by NHTSA and the product plans submitted to NHTSA by the manufacturers in response to a request for product plans published in December 2003. This rulemaking is mandated by the Energy Policy and Conservation Act (EPCA), which was enacted in the aftermath of the energy crisis created by the oil embargo of 1973-74. The concerns about energy security and the effects of energy prices and supply on national economic well-being that led to the enactment of EPCA remain alive today. Sustained growth in the demand for oil worldwide, coupled with tight crude oil supplies, is the driving force behind the sharp price increases seen over the past several years. Increasingly, the oil consumed in the U.S. originates in countries with political and economic situations that raise concerns about future oil supply and prices. We recognize that financial difficulties currently exist in the motor vehicle industry and that a substantial number of job losses have been announced recently at large full-line manufacturers. Accordingly, we have carefully balanced the cost of the rule with the benefits of conservation. We believe that, compared to Unreformed CAFE, Reformed CAFE would enhance overall fuel savings while providing vehicle makers the flexibility they need to respond to changing market conditions. Reformed CAFE would also provide a more equitable regulatory framework by creating a level-playing field for manufacturers, regardless of whether they are full-line or limited-line manufacturers. We are particularly encouraged that Reformed CAFE would reduce the adverse safety risks generated by the Unreformed CAFE program. The transition from the Unreformed to the Reformed system would begin soon, but ample lead time is provided before Reformed CAFE takes full effect in MY 2011. We recognize also that our proposals were derived from analyses of information from a variety of sources, including the product plans submitted by the manufacturers in early 2004. We fully anticipate that the manufacturers will respond to this proposal by providing revised plans that reflect events since then. We will evaluate the revised plans, the public comments, and other information and analysis in selecting the most appropriate standards for MYs 2008-2011.
Light Truck Average Fuel Economy Standards-Model Years 2008-2011; Request for Product Plan Information
Document Number: 05-17005
Type: Proposed Rule
Date: 2005-08-30
Agency: National Highway Traffic Safety Administration, Department of Transportation
The purpose of this request for comments is to acquire new and updated information regarding vehicle manufacturers' future product plans to assist the agency in analyzing the proposed light truck corporate average fuel economy (CAFE) standards for MY 2008-2011, which are discussed in a companion document published elsewhere in this issue of the Federal Register. The agency is seeking information that will help it assess the effect of the proposed standards on fuel economy, manufacturers, consumers, the economy, and motor vehicle safety.
Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units
Document Number: 05-16927
Type: Rule
Date: 2005-08-30
Agency: Environmental Protection Agency
This action corrects and clarifies certain text of the final rule entitled ``Standards of Performance for New and Existing Stationary Sources: Electric Utility Steam Generating Units.'' The final rule was published in the Federal Register on May 18, 2005 (70 FR 28606). This action corrects certain section designations set forth in the final rule at 70 FR 28652. In addition, this action corrects certain revisions set forth in the final rule at 70 FR 28678. These corrections do not affect the substance of the action, nor do they change the rights or obligations of any party. Rather, this action merely corrects certain section designations to eliminate duplication with other rules. Thus, it is proper to issue these final rule corrections without notice and comment. Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that there is good cause for making this action final without prior proposal and opportunity for comment because the changes to the rule are minor technical corrections, are noncontroversial, and do not substantively change the agency actions taken in the final rule. Thus, notice and public procedure are unnecessary. We find that this constitutes good cause under 5 U.S.C. 553(b)(B).
Oil and Gas and Sulphur Operations in the Outer Continental Shelf-Plans and Information
Document Number: 05-16764
Type: Rule
Date: 2005-08-30
Agency: Department of the Interior, Minerals Management Service
This rule reorganizes and updates the requirements and processes for submitting various plans and information for MMS review and approval before a lessee or an operator may explore, develop, or produce oil and gas and sulphur in the Outer Continental Shelf (OCS).
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