August 2006 – Federal Register Recent Federal Regulation Documents

The Department hereby solicits applications from persons (including firms, corporations, or other legal entities) who cut and sew men's and boys' worsted wool suits and suit-like jackets and trousers in the United States for an allocation of the 2007 tariff rate quotas on certain worsted wool fabric. Interested persons must submit an application on the form provided to the address listed below by September 28, 2006. The Department will cause to be published in the Federal Register its determination to allocate the 2007 tariff rate quotas and will notify applicants of their respective allocation as soon as possible after that date. Promptly thereafter, the Department will issue licenses to eligible applicants.

The Department of Transportation is directing all interested persons to show cause why it should not issue an order finding Partner Aviation Enterprises d/b/a Empire Airways fit, willing, and able, and awarding it a commuter air carrier authorization to engage in scheduled passenger air transportation as a commuter air carrier.

Pursuant to Section 102(2)(C) of the National Environmental Policy Act of 1969, as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), and Executive Order 12114 (Environmental Effects Abroad of Major Federal Actions), the Department of the Navy (DoN) announces its intent to prepare an EIS/OEIS. This EIS/OEIS will evaluate the potential environmental effects of increasing usage and enhancing the capability of the Hawaii Range Complex to achieve and maintain Fleet readiness and to conduct current, emerging, and future training and research, development, test, and evaluation (RDT&E) operations. The EIS/OEIS will consider two action Alternatives to accomplish these objectives, in addition to the No Action Alternative. The following will be invited to be cooperating agencies: Department of Energy, Missile Defense Agency, U.S. Army, U.S. Fish and Wildlife Service, and National Marine Fisheries Service.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Mine Safety and Health Administration (MSHA) is soliciting comments concerning the extension of the information collection related to the 30 CFR Sections 57.5047; Gamma Radiation Exposure Records.

In accordance with section 113(g) of the Clean Air Act, as amended (``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed consent decree, to address a lawsuit filed by Kentuckians for the Commonwealth, Friends of the Chattahoochee and Sierra Club (collectively, ``plaintiffs''): Kentuckians for the Commonwealth, et al. v. Johnson, No. 06CV00184 (RMU) (D. D.C.). Plaintiffs filed a complaint on February 2, 2006 and their First Amended Complaint on April 14, 2006, claiming that EPA had failed to perform non- discretionary duties under CAA section 111(b)(1)(B) to review and, if appropriate, revise the new source performance standards (``NSPS'') for nonmetallic mineral processing plants (Subpart OOO) and for coal preparation plants (Subpart Y). Under the proposed consent decree, within18 months from when the Court enters the consent decree, EPA would be required to sign, and promptly forward to the Office of Federal Register, one or a combination of the following for each NSPS: (a) A proposed or final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a proposed determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a proposed rule containing revisions to the NSPS. Within 30 months from when the Court enters the consent decree, EPA would be required to sign and promptly forward to the Office of Federal Register one or a combination of the following for each NSPS: (a) A final determination that review of the NSPS is not appropriate in light of readily available information on the efficacy of such standard; (b) a final determination that based on a complete review of the NSPS, revision is not appropriate; or (c) a final rule containing revisions to the NSPS.

The Federal Transit Administration (FTA) published a notice in the Federal Register of August 17, 2006, concerning limitations on claims for certain specified public transportation projects. The notice contained an incorrect date.

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the state of Iowa for the purpose of establishing exemptions for indoor sources of air pollution that are not directly vented to the outside but have emissions that leave the building through doors, vents or other means. This revision also clarifies that the permitting exemptions do not relieve the owner or operator of any source from any obligation to comply with any other applicable requirements. The state has demonstrated that air pollution emissions from this equipment are negligible and these exemptions are likely to result in no significant impact on human health or the environment. We have reviewed the state's justification for the revisions and agree with its conclusions.

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 26, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ovonic Battery Company, Inc. of Rochester Hills, Michigan. A supplement was filed on August 17, 2006. The complaint, as supplemented, alleges violations of section 337 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain nickel metal hydride consumer batteries, components thereof, and consumer electronic products containing same by reason of infringement of one or more of claims 11-13, 18, and 19 of U.S. Patent No. 5,536,591. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.

Following receipt on July 27, 2006 of a request from the United States Trade Representative (USTR) under section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the U.S. International Trade Commission (``the Commission'') instituted investigation No. 332-477, Sub-Saharan Africa: Factors Affecting Trade Patterns of Selected Industries.

The Food and Drug Administration (FDA) is announcing an amendment to the notice of meeting of the Cardiovascular and Renal Drugs Advisory Committee. This meeting was originally announced in the Federal Register of August 1, 2006 (71 FR 43487). The amendment is being made to reflect changes in the Agenda portion of the document. The word ``TRASYOL'' should read ``TRASYLOL''. In the same paragraph, the word ``apportioning'' should read ``aprotinin''. There are no other changes.

The McInnis Canyons National Conservation Area (MCNCA) Advisory Council will hold two additional meetings, scheduled on September 21, 2006 and December 14, 2006. The meetings will begin at 4 p.m. and will be held at the Mesa County Administration Building; 544 Rood Avenue, Grand Junction, CO.

The National Historic Oregon Trail Interpretive Center Advisory Board will meet September 19, 2006, from 8 a.m. to 12 p.m. (PDT) at the National Historic Oregon Trail Interpretive Center, 22267 Highway 86, Baker City, OR 97914. Meeting topics will include a Center update, education and outreach, and other topics as may come before the board. The meeting is open to the public. Public comment is scheduled for 10 to 10:15 a.m.

This final rule establishes the fee schedule for DEA registration and reregistration fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances and listed chemicals to appropriately reflect all costs associated with its Diversion Control Program for the conduct of activities as mandated by 21 U.S.C. 822 and 958. Specifically, this final rule revises the fee schedule for controlled substances and List I chemical handlers so that all manufacturers, distributors, importers, exporters, and dispensers of controlled substances and of List I chemicals pay an annual fee, by registrant category, irrespective of whether they handle controlled substances or List I chemicals. In doing so, this rule implements clarifications to the Diversion Control Program and the Diversion Control Fee Account made by Congress in the Consolidated Appropriations Act of 2005 (Pub. L. 108-447) that amended 21 U.S.C. 886a.