January 14, 2005 – Federal Register Recent Federal Regulation Documents
Results 101 - 127 of 127
Sander C. Perle, ICN Worldwide Dosimetry; Denial of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Sander C. Perle, ICN Worldwide Dosimetry (now Global Dosimetry Solutions, Inc.) (PRM-20-25). The petitioner requested that the NRC amend its regulations to require that any dosimeter, without exception, that is used to report dose of record and demonstrate compliance with the dose limits specified in the Commission's regulations be processed and evaluated by a dosimetry processor holding accreditation from the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Institute of Standards and Technology; the definition of ``Individual monitoring devices'' (individual monitoring equipment) be revised to mean any device used by licensees to show compliance with the Commission's regulations; and ``electronic dosimeters and optically stimulated dosimeters'' be added as additional examples of individual monitoring devices.
National Urban and Community Forestry Advisory Council
The National Urban and Community Forestry Advisory Council will meet in Washington, DC, February 8-10, 2005. The purpose of the meeting is to discuss emerging issues in urban and community forestry.
Information Collection; Request for Comments; National Woodland Owner Survey
In accordance with the Paperwork Reduction Act of 1995, the USDA Forest Service is seeking comments from all interested individuals and organizations on a previously approved information collection, the National Woodland Owner Survey, that the Forest Service is seeking to reinstate. This information collection will help the Forest Service and others assess the current state of the nation's forest resources, identify opportunities and constraints of private forest-land owners, and facilitate planning and implementation of forest policies and programs. Information will be collected from private forest-land owners in the United States.
Trade Policy Staff Committee: Public Comments Regarding the Environmental Review of the WTO DOHA Development Agenda (DDA) Negotiations
The Trade Policy Staff Committee (TPSC) is requesting written public comments on the scope of the environmental review of the multilateral negotiations of the Doha Development Agenda (DDA) conducted under the auspices of the World Trade Organization (WTO). The TPSC is seeking to supplement and further inform its consideration of reasonably foreseeable significant environmental effects that might flow from economic changes attributable to the negotiations, in the light of progress to date in the negotiations, notably, the Decision Adopted by the WTO General Council on 1 August 2004 on the Doha Work Program.
Final Information Quality Bulletin for Peer Review
On December 16, 2004, the Office of Management and Budget (OMB), in consultation with the Office of Science and Technology Policy (OSTP), issued its Final Information Quality Bulletin for Peer Review to the heads of departments and agencies (available at https:// www.whitehouse.gov/omb/memoranda/fy2005/m05-03.html). This new guidance is designed to realize the benefits of meaningful peer review of the most important science disseminated by the Federal Government. It is part of an ongoing effort to improve the quality, objectivity, utility, and integrity of information disseminated by the Federal Government to the public. This final bulletin has benefited from an extensive stakeholder process. OMB originally requested comment on its ``Proposed Bulletin on Peer Review and Information Quality,'' published in the Federal Register on September 15, 2003. OMB received 187 public comments during the comment period (available at https:// www.whitehouse.gov/omb/inforeg/2003iq/iqlist.html). In addition, to improve the draft Bulletin, OMB encouraged federal agencies to sponsor a public workshop at the National Academy of Sciences (NAS). The NAS workshop (November 18, 2003, at the National Academies in Washington, DC) attracted several hundred participants, including leaders in the scientific community (available at https://www7.nationalacademies.org/ stl/STLPeerReviewAgenda.html). OMB also participated in outreach activities with major scientific organizations and societies that had expressed specific interest in the draft Bulletin. A formal interagency review of the draft Bulletin, resulting in detailed comments from numerous Federal departments and agencies, was undertaken in collaboration with the White House Office of Science and Technology Policy. In light of the substantial interest in the Bulletin, including a wide range of constructive criticisms of the initial draft, OMB decided to issue a revised draft for further comment. This revised draft was published in the Federal Register on April 28, 2004, and solicited a second round of public comment. The revised draft stimulated a much smaller number of comments (57) (available at: http:/ /www.whitehouse.gov/omb/inforeg/peer2004/listpeer2004.html). OMB's response to the additional criticisms, suggestions, and refinements offered for consideration is available at: https://www.whitehouse.gov/ omb/inforeg/peer2004/peerresponse.pdf. The final Bulletin includes refinements that strike a balance among the diverse perspectives expressed during the comment period. Part I of the SUPPLEMENTARY INFORMATION below provides background. Part II provides the text of the final Bulletin.
Environmental Impact Statement: Monroe County, NY
The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed highway project in Monroe County, New York.
Environmental Impact Statement: Transylvania County, NC
The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for a proposed highway project in Transylvania County, North Carolina.
Proposed Data Collection Available for Public Comment and Recommendations.
In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 which provides opportunity for public comment on new or revised data collections, the Railroad Retirement Board will publish periodic summaries of proposed data collections. Comments are invited on: (a) Whether the proposed information collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the RRB's estimate of the burden of the collection of the information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden related to the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Title and Purpose of information collection: Certification of Termination of Service and Relinquishment of Rights: OMB 3220-0016. Under Section 2(e)(2) of the Railroad Retirement Act (RRA), an age and service annuity, spouse annuity, or divorced spouse annuity cannot be paid unless the Railroad Retirement Board (RRB) has evidence that the applicant has ceased railroad employment and relinquished rights to return to the service of a railroad employer. The procedure pertaining to the relinquishment of rights by an annuity applicant is prescribed in 20 CFR 216.24. Under Section 2(f)(6) of the RRA, earnings deductions are required each month an annuitant works in certain nonrailroad employment termed Last Pre-Retirement Non-Railroad Employment. Normally, the employee, spouse, or divorced spouse relinquish rights and certify that employment has ended as part of the annuity application process. However, this is not always the case. In limited circumstances, the RRB utilizes Form G-88, Certification of Termination of Service and Relinquishment of Rights, to obtain an applicant's report of termination of employment and relinquishment of rights. One response is required of each respondent. Responses are required to obtain or retain benefits. The RRB proposes non-burden impacting editorial, and clarification changes to Form G-88. The estimated annual respondent burden is as follows:
2nd NVAC Workshop on Strengthening the Supply of Vaccines in the U.S.
The Department of Health and Human Services (DHHS) is hereby giving notice that the National Vaccine Program Office is sponsoring the ``2nd NVAC Workshop on Strengthening the Supply of Vaccines in the U.S.'' The purpose of this workshop is to bring stakeholders together to: Develop a progress report on the recommendations made in 2002; identify both continuing and new factors that may threaten a stable vaccine supply; and outline specific actions that can have a durable effect in resolving impediments to the consistent and reliable availability of approved vaccines. The meeting is open to the public.
NASA Search for Earth-Like Planets Strategic Roadmap Committee; Meeting
In accordance with the Federal Advisory Committee Act, Public Law 92-463, as amended, the National Aeronautics and Space Administration announces a forthcoming meeting of the NASA Search for Earth-Like Planets Strategic Roadmap Committee.
New Animal Drugs for Use in Animal Feeds; Melengestrol
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of an abbreviated new animal drug application (ANADA) filed by Ivy Laboratories, Division of Ivy Animal Health, Inc. The ANADA provides for use of a melengestrol acetate liquid Type A medicated article to make Type C medicated feeds for heifers fed in confinement for slaughter and for heifers intended for breeding.
Proposed Collection; Comment Request for Review of a Revised Information Collection: RI 34-1 and RI 34-3
In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) intends to submit to the Office of Management and Budget a request for review of a revised information collection. RI 34-1, Financial Resources Questionnaire, collects detailed financial information for use by OPM to determine whether to agree to a waiver, compromise, or adjustment of the collection of erroneous payments from the Civil Service Retirement and Disability Fund. RI 34-3, Notice of Amount Due Because of Annuity Overpayment, informs the annuitant about the overpayment and collects information from the annuitant about how repayment will be made. Comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of OPM, and whether it will have practical utility; whether our estimate of the public burden of this collection is accurate, and based on valid assumptions and methodology; and ways in which we can minimize the burden of the collection of information on those who are to respond, through use of the appropriate technological collection techniques or other forms of information technology. Approximately 520 RI 34-1 and 1,561 RI 34-3 forms are completed annually. Each form takes approximately 60 minutes to complete. The annual estimated burden is 520 hours and 1,561 hours respectively. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251 or via e-mail to mbtoomey@opm.gov. Please include a mailing address with your request.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 2
NMFS proposes regulations to implement measures in Amendment 2 to the Monkfish Fishery Management Plan (FMP) developed jointly by the New England and Mid-Atlantic Fishery Management Councils (Councils). Amendment 2 was developed to address essential fish habitat (EFH) and bycatch issues, and to revise the FMP to address several issues raised during the public scoping process. This proposed action includes the following programs and measures: A new limited access permit for qualified vessels fishing south of 38[deg] 20' N. lat.; an offshore trawl fishery in the Southern Fishery Management Area (SFMA); a maximum disc diameter of 6-inches (15.2 cm) for trawl gear vessels fishing in the SFMA; closure of two deep-sea canyon areas to all gears when fishing under the monkfish day-at-sea (DAS) program; establishment of a research DAS set-aside program; an exemption program for vessels fishing outside of the Exclusive Economic Zone (EEZ); adjustments to the incidental monkfish catch limits; a decrease in the minimum monkfish size in the SFMA; removal of the 20-day block requirement; revisions to the monkfish baseline provisions; and additions to the frameworable measures. This intent of this action is to provide efficient management of the monkfish fishery and to meet conservation objectives.
Solicitation of Federal Civilian and Uniformed Service Personnel for Contributions To Private Voluntary Organizations
The Office of Personnel Management (OPM) is implementing a Combined Federal Campaign (CFC) pilot program for up to 16 Local Federal Coordinating Committees (LFCC) to allow them to enter into two- year agreements with non-profit organizations to serve as the Principal Combined Fund Organization (PCFO). These agreements would be subject to renewal after the first year, following a review of performance as defined by the CFC regulations at 5 CFR Part 950, subparts A, D through F, and I. The primary objective of the pilot program is to assess the potential impact of the multi-year agreements in advance of a possible proposal for a permanent amendment to the CFC regulations and nationwide implementation with particular attention on: (a) Potential for costs savings; (b) potential to promote competition; (c) serve as incentive for mergers; and (d) potential need for new regulatory safeguards.
Notice of Availability of the Proposed Upper Deschutes Resource Management Plan and Final Environmental Impact Statement
In accordance with the Federal Land Policy and Management Act (FLPMA) of 1976, the National Environmental Policy Act (NEPA) of 1969, the Bureau of Land Management (BLM) has prepared a Proposed Resource Management Plan (PRMP) and Final Environmental Impact Statement (FEIS) for the Upper Deschutes portion of the Deschutes Resource Area of the Prineville District. This Notice of Availability also serves as a notice of realty action in accordance with 43 CFR 2920.4 to be made available for non-competitive lease under Section 302(b) of FLPMA for military use by the Oregon Military Department and National Guard.
Notice of Availability of a Draft Resource Management Plan Revision and Environmental Impact Statement (EIS) for the Vernal Field Office Planning Area, in Daggett, Duchesne, and Uintah Counties, Utah
In accordance with the National Environmental Policy Act (NEPA) of 1969, the Federal Land Policy and Management Act of 1976 (FLPMA), and regulatory requirements, a Draft RMP Revision/EIS has been prepared for the Vernal Field Office planning area and is available for a 90 day public review and comment period. The Draft RMP Revision/EIS may be viewed and downloaded in PDF format at the project Web site at https://www.vernalrmp.com. Copies of the Draft RMP Revision/EIS will also be available for distribution and review during the comment period at the BLM Vernal Field Office, at the address shown below.
Rocky Mountain Region; Pikes Peak Ranger District, Pike National Forest, El Paso County, CO
The Forest Service has prepared a Draft Plan/Environmental Impact Statement (EIS), which is available for public review. The Draft Plan/EIS analyzes the potential environmental impacts that may result from various management options for an 8.5-mile segment of a Forest Service road that has been closed for safety reasons since 1988. The objective of the management plan is to best accommodate public use and access to National Forest lands and nearby private in-holdings while maintaining public safety and the historic character of the road. The analysis is intended to accomplish the following: Inform the public of the proposed action and alternatives; address public comment received during the scoping period; disclose the direct, indirect, and cumulative environmental effects of the proposed actions and each of the alternatives; and indicate any irreversible commitment of resources that would result from implementation of the proposed action. The Forest Service's preferred alternative (Alternative E) is to restore and reopen a collapsed railroad tunnel and reopen the closed section of Gold Camp Road to one-way traffic. There would continue to be seasonal closure of the road from November 1 to April 1. The Forest Service invites the public to comment on the Draft Plan/ EIS. All comments received from individuals become part of the official public record. Requests for such comments will be handled in accordance with the Freedom of Information Act and the Council on Environmental Quality's National Environmental Policy Act regulations (40 CFR 1506.6(f)). Our practice is to make comments available for public review during regular business hours. Individual respondents may request that we withhold their home address from the record, which we will honor to the extent allowable by law. If a respondent wishes us to withhold his/her name and/or address, this must be stated prominently at the beginning of the comment. Comment Period: Comments may be submitted in writing, orally, or through electronic means before March 15, 2005. Electronic comments may be submitted to https://www.fs.fed.us/r2/psicc/pp and follow the Gold Camp Road link. Acceptable formats for attachments are MS Word, text, PDF, or RTF. Written comments through the mail should be directed to: Gold Camp Road Project, Pikes Peak Ranger District, 601 S. Weber Street, Colorado Springs, CO 80903. In order to have administrative rights, you must provide substantive comments during this formal comment period. A Final Plan/Environmental Impact Statement will then be prepared and provided to the public for review. Requesting Further Information: Individuals wishing copies of this Draft Plan/EIS for review should contact: Frank Landis, Supervisory Outdoor Recreation Planner, Pike National Forest, Pikes Peak Ranger District, 601 S. Weber St., Colorado Springs, CO 80903. The Draft Plan/ EIS is also available on the Internet at https://www.fs.fed.us/r2/psicc/ projects/goldcamp/ and at the Colorado libraries listed below:
Certain Broker-Dealers Deemed Not To Be Investment Advisers
The Securities and Exchange Commission is reproposing a rule addressing the application of the Investment Advisers Act of 1940 to broker-dealers offering certain types of brokerage programs. Under the reproposed rule, a broker-dealer providing nondiscretionary advice that is solely incidental to its brokerage services is excepted from the Investment Advisers Act regardless of whether it charges an asset-based or fixed fee (rather than commissions, mark-ups, or mark-downs) for its services. The rule would also state that exercising investment discretion is not solely incidental to brokerage business, and thus, a broker-dealer providing discretionary advice would be deemed to be an investment adviser under the Investment Advisers Act. In addition, under the rule, broker-dealers would not be subject to the Investment Advisers Act solely because they offer full-service brokerage and discount brokerage services, including electronic brokerage, for reduced commission rates. Finally, the Commission is proposing to issue a statement of interpretive position that would clarify when certain broker-dealer advisory services, including financial planning, are solely incidental to brokerage business.
Certain Broker-Dealers Deemed Not To Be Investment Advisers
The Securities and Exchange Commission is adopting a temporary rule addressing the application of the Investment Advisers Act of 1940 to broker-dealers offering certain types of brokerage programs. Under the rule, a broker-dealer providing nondiscretionary advice that is solely incidental to its brokerage services is excepted from the Investment Advisers Act regardless of whether it charges an asset-based or fixed fee (rather than commissions, mark-ups, or mark-downs) for its services. The temporary rule also provides that broker-dealers are not subject to the Investment Advisers Act solely because they offer full- service brokerage and discount brokerage services, including execution- only brokerage, for reduced commission rates. The temporary rule will expire on April 15, 2005.
Exempting Organic Producers From Assessment by Research and Promotion Programs
This final rule amends all 17 commodity research and promotion orders and/or rules and regulations to exempt any person receiving and handling solely 100 percent organic products from paying assessments to any research and promotion program administered by the Agricultural Marketing Service (AMS). To obtain an exemption, the person must operate under an approved organic system plan authorized by the National Organic Program (NOP) and produce and market only products that are eligible for a 100 percent organic label under the NOP. A separate final rule to exempt any person producing and marketing solely 100 percent organic products from paying assessments for market promotion activities under certain marketing order programs administered by AMS is also being published in today's Federal Register.
Exemption of Organic Handlers From Assessments for Market Promotion Activities Under Marketing Order Programs
This rule implements the provisions of section 10607 of the 2002 Farm Bill and exempts handlers subject to marketing order requirements from paying assessments for market promotion activities, including paid advertising, to marketing order committees and boards. To obtain an exemption, the handler must operate under an approved organic process system plan authorized by the National Organic Program (NOP), and handle or market only products that are eligible for a 100 percent organic product label under the NOP. The Agricultural Marketing Service (AMS), that oversees and works with the committees and boards in administering the programs, has identified 28 marketing order programs for which assessment exemptions may be established. A separate final rule to exempt any person producing and marketing solely 100 percent organic products from paying assessments to any national research and promotion program administered by AMS also is being published in today's Federal Register.
Notice of Availability of the Final Environmental Impact Statement for Caspian Tern Management To Reduce Predation of Juvenile Salmonids in the Columbia River Estuary
The U.S. Fish and Wildlife Service (Service) announces that the Final Environmental Impact Statement (Final EIS) for Caspian Tern (Sterna caspia) Management to Reduce Predation of Juvenile Salmonids in the Columbia River Estuary is available for review and comment. This Final EIS was prepared pursuant to the National Environmental Policy Act of 1969, as amended (NEPA) with the U.S. Army Corps of Engineers (Corps) and National Marine Fisheries Service (NOAA Fisheries) as cooperating agencies. This Final EIS describes the three Federal Agencies' proposal for the redistribution of the Caspian tern colony from East Sand Island, Columbia River estuary to various sites located throughout the Pacific Coast/Western region. The purposes of the proposed action are to reduce tern predation on juvenile Columbia River salmonids and eliminate the vulnerability of the regional tern population associated with having the majority of the population (70 percent) breeding in one location.
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