January 5, 2005 – Federal Register Recent Federal Regulation Documents

The National Oceanic and Atmospheric Administration (NOAA) has been mandated to develop and implement a quality assurance program that is equally available to all applicants, under which the Administrator may certify hydrographic products that satisfy standards promulgated by the Administrator. ``Hydrographic products'' are any publicly or commercially available products produced by a non-Federal entity that include or display hydrographic data. The Administrator will fulfill this mandate by establishing procedures by which hydrographic products are proposed for certification; by which standards and compliance tests are developed, adopted, and applied for those products; and by which certification may be awarded or denied. These procedures would be the mandated Quality Assurance Program. The implementation of the program would be the execution of those procedures for specific hydrographic products.

The Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve (Reserve) is seeking applicants for the following vacant seats on its Reserve Advisory Council (Council): (3) Native Hawaiian, (2) Conservation, (1) Research and (1) Commercial Fishing. Applicants are chosen based upon their particular expertise and experience in relation to the seat for which they are applying; community and professional affiliations; philosophy regarding the protection and management of marine resources; and possibly the length of residence in the area affected by the Reserve. Applicants who are chosen as members should expect to serve 3-year terms, pursuant to the Council's Charter.

Applicant seeks an order declaring that it has ceased to be an investment company. On September 30, 2004, applicant transferred its assets to Kopp Total Quality Management Fund, a series of Kopp Funds, Inc., based on net asset value. Expenses of $40,700 incurred in connection with the reorganization were paid by Robinson Capital Management, Inc., applicant's former investment adviser. Filing Date: The application was filed on November 17, 2004. Applicant's Address: 7701 France Ave. S, Suite 500, Edina, MN 55435.

The Secretary of Homeland Security and the Attorney General publish these final rules to amend their respective agencies' regulations pertaining to removal of aliens. With the Department of Homeland Security final rule, the Secretary of Homeland Security adopts as final, without substantial change, the proposed regulations published at 69 FR 42910 (July 19, 2004). The Department of Homeland Security amends its regulations to clarify that acceptance by a country is not required under specific provisions of section 241(b) of the Immigration and Nationality Act in order to remove an alien to that country, and that a ``country'' for the purpose of removal is not premised on the existence or functionality of a government in that country. This rule further clarifies the countries to which an alien may be removed and the situations in which the Secretary of Homeland Security will remove an alien to an alternative or additional country. Additionally, this rule provides technical changes as a result of amendments to the Immigration and Nationality Act by the Homeland Security Act of 2002. With the Department of Justice final rule, the Attorney General adopts as final, without substantial change, the proposed regulations at 69 FR 42911 (July 19, 2004). The Department of Justice clarifies the procedure for an alien to designate the country to which he or she would prefer to be removed, provides that the immigration judge shall inform any alien making such a designation that he or she may be removed to another country under section 241(b) of the Immigration and Nationality Act in the discretion of the Secretary of Homeland Security in effecting the foreign policy of the United States, and clarifies the effect of an identification of a country for removal in an immigration judge's order of removal from the United States. This rule clarifies that acceptance by a country is not a factor to be considered by the immigration judge in identifying a country or countries of removal in the administrative order of removal. The Department of Justice also makes technical changes to eliminate unnecessary provisions and update references to reflect the enactment of the Homeland Security Act of 2002.

The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at San Antonio International Airport under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 158).

The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

This document requests comments on a Petition for Rule Making filed by Hancock Communications, Inc. ``(Petitioner''), licensee of Station WLME(FM), Channel 275C3, Cannelton, Indiana, and Station WTCJ- FM, Channel 289A, Tell City, Indiana. Petitioner requests that Channel 275C3 be reallotted from Cannelton to Tell City and that Station WLME(FM)'s license be modified accordingly. Petitioner also requests that Channel 289A be reallotted from Tell City to Cannelton, Indiana, and that Station WTCJ-FM's license be modified accordingly. The coordinates for proposed Channel 289A at Cannelton are 37-48-13 NL and 86-48-57 WL, with a site restriction of 13.5 kilometers (8.4 miles) southwest of Cannelton. The coordinates for proposed Channel 275C3 at Tell City are 37-50-52 NL and 86-36-18 WL, with a site restriction of 18.4 kilometers (11.4 miles) southeast of Tell City. Since Petitioner's reallotment proposals comply with the provisions of section 1.420(i) of the Commission's rules, the Commission will not accept competing expressions of interest in the use of Channel 289A at Cannelton, Indiana, or the use of Channel 275C3 at Tell City, Indiana, or require the Petitioner to demonstrate the availability of additional equivalent class channels in those communities.

The Audio Division, at the request of Charles Crawford, allots Channel 264C3 at Crosbyton, Texas, as the community's first local aural transmission service. See 69 FR 54762, published September 10, 2004. Channel 264C3 can be allotted to Crosbyton in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 12.5 kilometers (7.7 miles) east of the community. The reference coordinates for Channel 264C3 at Crosbyton are 33-41-30 North Latitude and 101-06-31 West Longitude. The Audio Division, at the request of Linda A. Davidson, allots Channel 285A at Union Gap, Washington, as the community's first local aural transmission service. See 69 FR 54761, published September 10, 2004. Channel 285A can be allotted to Union Gap in compliance with the Commission's minimum distance separation requirements, provided there is a site restriction of 3.4 kilometers (2.1 miles) southeast of the community. The reference coordinates for Channel 285A at Union Gap are 46-31-48 North Latitude and 120-27-18 West Longitude. Because the reference coordinates at Union Gap are located within 320 kilometers (199 miles) of the Canadian border, concurrence of the Canadian Government has been obtained. Filing windows for Channel 264C3 at Crosbyton, Texas and Channel 285A at Union Gap, Washington will not be opened at this time. Instead, the issue of opening a filing window for these channels will be addressed by the Commission in a subsequent order.

The Wrangell-Petersburg Resource Advisory Committee (RAC) will meet from 8 a.m. until 5:15 p.m. (or until the conclusion of public testimony) on Friday, January 7, and from 8 a.m. until 9 a.m., Saturday, January 8, 2005, in Wrangell, Alaska. The purpose of this meeting is to review, discuss and potentially recommend for funding proposals received pursuant to Title II, Pub. L. 106-393, H.R. 2389, the Secure Rural Schools and Community Self-Determination Act of 2000, also called the ``Payments to States'' Act. Public testimony regarding the proposals will also be taken.

The Food and Drug Administration (FDA) is extending to February 23, 2005, the comment period for the notice that appeared in the Federal Register of November 24, 2004 (69 FR 68384). In the notice, FDA requested comments on a draft risk assessment of the potential impact that food-animal use of streptogramin antimicrobials has on the resistance to chemically similar streptogramins used to treat human enterococcal infections. The agency is taking this action in response to a request for an extension to allow interested persons additional time to submit comments.

The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

The FAA is adopting a new airworthiness directive (AD) for certain Boeing airplanes listed above. This AD requires repetitive detailed inspections of the midspar web of the inboard and/or outboard struts for cracking, disbonding, or buckling; repetitive detailed inspections of the midspar stiffeners for any crack or fracture; related investigative actions; and corrective actions, if necessary. This AD is prompted by reports of cracking in the midspar web. We are issuing this AD to detect and correct cracking in the midspar assembly, which could result in the loss of the midspar assembly load path, and could, combined with the loss of the nacelle station 180 bulkhead load path, lead to the separation of the engine from the airplane.

This amendment supersedes an existing airworthiness directive (AD), applicable to certain Airbus Model A319 and A320-200 series airplanes, that currently requires repetitive inspections to detect loose, missing, or discrepant rivets in specified areas of the door frames of the overwing emergency exits; measurement of the grip length of all rivets in the specified areas; and corrective action if necessary, which terminates the repetitive inspections. This new amendment also requires an inspection for correct dimensions of the interior countersinks of the rivet holes, and related corrective action. The actions specified by this AD are intended to prevent loose, missing, or discrepant rivets, which could lead to reduced structural integrity of the door frames of the overwing emergency exits. This action is intended to address the identified unsafe condition.

This rule sets forth the initial air quality designations and classifications for all areas in the United States, including Indian country, for the fine particles (PM2.5) National Ambient Air Quality Standards (NAAQS). The EPA is issuing this rule so that citizens will know whether the air quality where they live and work is healthful or unhealthful. Health studies have shown significant associations between exposure to PM2.5 and premature death from heart or lung disease. Fine particles can also aggravate heart and lung diseases and have been linked to effects such as cardiovascular symptoms, cardiac arrhythmias, heart attacks, respiratory symptoms, asthma attacks, and bronchitis. These effects can result in increased hospital emissions, emergency room visits, absences from school or work, and restricted activity days. Individuals that may be particularly sensitive to PM2.5 exposure include people with heart or lung disease, older adults, and children. This rule establishes the boundaries for areas designated as nonattainment, unclassifiable, or attainment/unclassifiable. This rule does not establish or address State and Tribal obligations for planning and control requirements that apply to nonattainment areas for the PM2.5 standards. The EPA will publish a separate rule which will set forth the planning and control requirements that apply to nonattainment areas for the PM2.5 standards.

The Office of Personnel Management is issuing proposed regulations to amend the rules concerning the determination of official duty station for location-based pay entitlements, compensatory time off for religious observance, hours of work and alternative work schedules, and absence and leave. In addition, the proposed regulations are being issued to aid and support the standardization of pay policies under the e-Payroll initiative. The regulations have been rewritten and, in some instances, reordered to enhance reader understanding.