January 2005 – Federal Register Recent Federal Regulation Documents

The Florida Fish and Wildlife Conservation Commission (FFWCC), Florida Marine Research Institute (Richard E. Matheson, Principal Investigator), 1481 Market Circle, Unit 1, Port Charlotte, FL 33953, has submitted a request to modify their permit application (File No. 1475). The original application requested authorization to conduct scientific research on smalltooth sawfish (Pristis pectinata).

The New England Fishery Management Council's Habitat Oversight Committee will meet in February 2005. Recommendations from the Committee will be brought to the full Council for formal consideration and action, if appropriate. Agenda topics can be found in the SUPPLEMENTARY INFORMATION section of this notice.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

We, the Office of Surface Mining Reclamation and Enforcement (OSM), propose to revise our rules for, and related to, the transfer, assignment, or sale of permit rights. This proposed rule effectuates a settlement agreement we entered into with the National Mining Association (NMA) in connection with NMA's judicial challenge to certain provisions of our December 19, 2000, final ownership and control rule (2000 ownership and control rule or 2000 rule). In this proposed rule, we propose to: Revise the regulatory definitions of transfer, assignment, or sale of permit rights and successor in interest; revise the regulatory provisions relating to transfer, assignment, or sale of permit rights; and create separate rules for successors in interest. The primary purpose of the proposed rule is to distinguish clearly the circumstances that will constitute a transfer, assignment, or sale of permit rights (requiring a regulatory authority's approval and, at a minimum, a permit revision) or result in a successor in interest (requiring the issuance of a new permit) from those that will only require a permittee to provide information updates. The proposed rule also affords us an opportunity to ensure our rules are consistent with recent legal developments. This proposed rulemaking does not suspend or withdraw any of the provisions of our 2000 ownership and control rule, nor does it affect any of our proposed revisions to the 2000 rule published on December 29, 2003. This proposed rule is authorized under the Surface Mining Control and Reclamation Act of 1977, as amended (SMCRA or the Act).

This rule makes final a June 15, 2004, interim rule that amended regulations regarding eligibility for mortgages on Hawaiian home lands to reflect a statutory change to the National Housing Act. The June 15, 2004, interim rule solicited public comments. No comments were received by HUD on the interim rule. This final rule adopts the interim rule, therefore, without change.

At its Twenty-Third Meeting in Hobart, Tasmania, from October 25 to November 5, 2004, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), of which the United States is a member, adopted conservation measures, pending countries' approval, pertaining to fishing in the CCAMLR Convention Area. All the measures were agreed upon in accordance with Article IX of the Convention for the Conservation of Antarctic Marine Living Resources. Measures adopted restrict overall catches of certain species of fish and crabs, restrict fishing in certain areas, specify implementation and inspection obligations supporting the Catch Documentation Scheme of Contracting Parties, and promote compliance with CCAMLR measures by non-Contracting Party vessels. This notice includes the full text of the conservation measures adopted at the Twenty-Third meeting of CCAMLR. For all of the conservation measures in force, see the CCAMLR Web site at https://www.ccamlr.org. This notice, therefore, together with the U.S. regulations referenced under the Supplementary Information, provides a comprehensive register of all current U.S. obligations under CCAMLR.

This notice announces the availability of EPA's risk assessment(s) and related technical support documents for the pesticide fluazifop-P-butyl and opens a public comment period on these documents. Fluazifop-P-butyl is a selective, post-emergent herbicide registered for the control of annual and perennial grass weeds. EPA is developing a tolerance reassessment decision (TRED) for fluazifop-P-butyl through a modified, 4-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

EPA proposes to extend the Project XL Final Rule for New York State Public Utilities; Hazardous Waste Management Systems (XL Rule). The XL Rule was published as a final rule in the Federal Register on Monday, July 12, 1999 and, by its terms, expires, on January 10, 2005. The details of the XL Rule can be found in 64 FR 37636 (July 12, 1999). No further changes are being made to the XL Rule other than the change in expiration date. Because the requirements outlined in the XL Rule do not become effective until New York State adopts equivalent requirements through a State rulemaking and receives EPA authorization for these equivalent State requirements, EPA proposes to extend the XL Rule for a period of 72 months from the effective date of the rule resulting from today's proposal. To date, the State has not adopted an equivalent rule and thus the XL Project for New York Public State Utilities has not been implemented. The XL Rule must be extended to facilitate completion of the New York State Public Utilities XL Project.

On January 14, 2005 the Chairman of CITA received a petition from Sandler, Travis & Rosenberg, P.A., on behalf of Outlast Technology, Inc. of Boulder, CO and Bernette Textile Co, LLC of New York, NY, alleging that certain colored open end spun yarns ranging in size from 6/1 to 18/1 English count (10.16/1 to 30.47/1 metric) of a blend of reclaimed and reprocessed cotton and not less than 35 percent nor more than 49 percent by weight of Outlast licensed phase change acrylic staple fibers produced under license from Outlast, for use in chief weight cotton sweaters, cannot be supplied by the domestic industry in commercial quantities in a timely manner. It requests that such apparel made from such yarn be eligible for preferential treatment under the CBTPA. This is a refiling of a previous petition regarding the subject yarn. CITA hereby solicits public comments on this request, in particular with regard to whether such yarn can be supplied by the domestic industry in commercial quantities in a timely manner. Comments must be submitted by February 9, 2005 to the Chairman, Committee for the Implementation of Textile Agreements, Room 3001, United States Department of Commerce, 14th and Constitution Avenue, N.W. Washington, D.C. 20230.

In addition to periodic assessments of the science, impacts, and socio-economic aspects of climate change, the IPCC provides, on request, advice to the Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) and its bodies. The Seventh Conference of the Parties (COP) of the UNFCCC expressed interest in carbon capture and storage by inviting the IPCC to prepare a Technical Paper on geological carbon storage technologies. The IPCC noted that a Technical Paper, which is limited in its scope to summarizing existing IPCC reports, would be difficult to produce using the very limited material covered in the IPCC Third Assessment Report. At its 20th session (February 2003), the IPCC decided to prepare a Special Report (which, like a full assessment report, covers all available literature) and approved an outline and schedule. Working Group III is overseeing preparation of this Special Report, which is being written by a team of over 100 authors under established IPCC rules and procedures. The IPCC Secretariat has informed the U.S. Department of State that the second-order SRCCS draft is available for expert and Government review. The Climate Change Science Program Office (CCSPO) is coordinating the solicitation of comments by U.S. experts and stakeholders to inform development of an integrated set of U.S. Government comments on the report. Instructions on how to format comments are available at https://www.climatescience.gov/Library/ipcc/ srccs-review.htm, as is the document itself. Comments must be sent to CCSPO by 23 February 2005 to be considered for inclusion in the U.S. Government collation.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13(44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8878, IRS e-file Signature Authorization-Application for Extension of Time To File.

The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8838, Consent To Extend the Time To Assess Tax Under Section 367- Gain Recognition Agreement.

An open meeting of the Area 2 Taxpayer Advocacy Panel will be conducted in Columbia, S.C. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

An open meeting of the Area 5 Taxpayer Advocacy Panel will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.

The Secretary announces plans to hold the forth of a series of public meetings to seek comments and suggestions from the public prior to developing and publishing proposed regulations to implement programs under the recently revised Individuals with Disabilities Education Act.

In accordance with the National Environmental Policy Act (NEPA), the Federal Land Policy and Management Act (FLPMA), and the Bureau of Land Management (BLM) management policies, the BLM announces the availability of the ROD/RMPA for Federal fluid minerals leasing and development in Sierra and Otero Counties, New Mexico. The New Mexico State Director has signed the ROD/RMPA, which amends the White Sands RMP.

We are advising the public that the Animal and Plant Health Inspection Service's Animal Care program will host a meeting to present current information on the enforcement of the Horse Protection Act and provide a forum for listening to concerns from horse industry members and other interested persons about the Horse Protection Program. This notice provides the meeting's agenda, location, and date.