January 2005 – Federal Register Recent Federal Regulation Documents

This notice requests individuals interested in serving on the Houston-Galveston Area Maritime Security Committee (AMSC) to submit their application for membership to the COTP Houston-Galveston. The AMSC advises and assists the Houston-Galveston Federal Maritime Security Coordinator (FMSC) in developing the Area Maritime Security Plan for the Ports of Houston, Texas City, Freeport, and Galveston. Specific vacancies are listed under supplemental information.

Dredging is essential for maintaining safe navigation in harbors and marinas in the Los Angeles County and Orange County region. Not all dredged materials are suitable for beneficial re-use (e.g., construction materials, wetlands restoration), and not all suitable materials can be deposited at the existing LA-2 ODMDS given costs and logistical constraints. The LA-3 ODMDS has been used for the disposal of dredged material by some Orange County projects in the past, but its ``interim'' status has expired. Therefore there is a need to designate LA-3 as a permanent ODMDS. No actual disposal operations are authorized by this action; and disposal can only take place after a Federal permit is secured. Before ocean disposal may take place, dredging projects must demonstrate a need for ocean disposal and the proposed dredged material must be suitable (non-toxic) according to USEPA ocean dumping criteria. Alternatives, including the option for beneficial re-use of dredged material, will be evaluated for each permit. Both LA-3 and LA-2 will be monitored periodically to ensure that each site operates as expected. This proposed site designation has been prepared pursuant to Section 102 of the Marine Protection, Research and Sanctuaries Act (MPRSA). The evaluation is based on EPA's general and specific criteria. Field studies, modeling of sediment dispersion following dredged material disposal under various scenarios, incompatible use areas, and economic considerations are included in the evaluation. The preferred alternative location for a permanent LA-3 ODMDS is about 4.5 nautical miles offshore of Newport Bay and in water depths ranging from 1,500 to 1,675 feet. It is 2,400 meters southeast of the ``interim'' LA-3 site, and was determined to be the environmentally preferred location given its depth and stability. LA-3 will be managed regionally in conjunction with the existing LA-2 ODMDS. The preferred alternative in the draft EIS is to limit disposal of dredged material at the LA-3 ODMDS to a maximum of 2,500,000 cubic yards annually and to increase the maximum annual disposal limit at the LA-2 ODMDS to 1,000,000 cubic yards of dredged material. The draft EIS contains an evaluation of potential impacts associated with the preferred alternative, other combinations of managing LA-3 and LA-2 jointly, and the No-Action alternative. Comments were received during the scoping comment period and four public scoping meetings were held at Los Angeles and Orange County locations in July 2003. Revisions were made to the draft EIS to address these comments. Public Meetings: EPA is requesting written comments on this draft EIS from federal, state, and local governments, industry, non- governmental organizations, and the general public. Comments will be accepted for 45 days, beginning with the date of this Notice. Public meetings are scheduled at the following location and date:

This document contains a correction to an open meeting of the Taxpayer Advocacy Panel Multilingual Initiative (MLI) Issue Committee being conducted (via teleconference) which was published in the Federal Register on Thursday, January 13, 2005 (70 FR 2465). This notice relates to the solicitation of public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

The U.S. Fish and Wildlife Service (Service) hereby provides public notice that Spherical Precision, Inc. of Tustin, California, has applied for approval of 40 to 76 percent tungsten, 10 to 37 percent iron, 9 to 16 percent copper, and 5 to 7 percent nickel shot as nontoxic for waterfowl hunting in the United States. The Service has initiated review of the shot under the criteria set out in Tier 1 of the nontoxic shot approval procedures given at 50 CFR 20.134.

Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 (68 FR 19875), I hereby determine that the objects to be included in the exhibition ``Defining Yongle: Imperial Art in Early Fifteenth-Century China,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner. I also determine that the exhibition or display of the exhibit objects at the Metropolitan Museum of Art, New York, New York, from on or about April 1, 2005, to on or about July 10, 2005, and at possible additional venues yet to be determined, is in the national interest. Public notice of these determinations is ordered to be published in the Federal Register.

The Fish and Wildlife Service (We/Service) plans to submit the collection of information described below to OMB for approval under the provisions of the Paperwork Reduction Act. We use the information collected for the Private Stewardship Grants Program (PSGP) to review requests for funding and to comply with Federal reporting requirements for grants awarded under this program.

The public is invited to comment on the following applications to conduct certain activities with endangered species.

This action extends the comment period for an Advisory Circular (AC) that was published on December 22, 2004. In that document, the FAA provided guidance to repair stations to establish their training programs. This extension is a result of requests from multiple commenters to extend the comment period for the AC.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20089 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20088 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20090 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.

As authorized by Public Law 105-383 and Public Law 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-20093 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Public Law 105-383 and MARAD's regulations at 46 CFR part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR part 388.

This document announces the Office of Management and Budget's (OMB) responses to Agency clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et. seq.). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

EPA is proposing to determine that the marginal one-hour ozone nonattainment area that includes all of Washoe County, Nevada has attained the 1-hour ozone National Ambient Air Quality Standard by the applicable attainment date (1993) and has continued to attain since that time. EPA is also proposing to determine that the moderate carbon monoxide nonattainment area that includes the Truckee Meadows area of Washoe County has attained the carbon monoxide National Ambient Air Quality Standard by the applicable attainment date (1995) and has continued to attain since that time. EPA is proposing this action to fulfill its obligations to make such determinations under sections 179(c), 181(b)(2), and 186(b)(2) of the Clean Air Act. The intended effect of this action will be to relieve the State of Nevada of the obligation to submit revisions to the State Implementation Plan to address additional requirements under the Clean Air Act for the next higher nonattainment classifications and to satisfy one of the five statutory criteria for redesignation of these areas from nonattainment to attainment.

The Department seeks comment on a proposal to revise its rules on charter operations. This proposal arises from a petition filed by the National Air Carrier Association (NACA). NACA seeks to make changes to the definitions and standards the Department uses to determine whether to grant or deny foreign air carrier requests to conduct certain types of international charter flights. The Department grants NACA's petition, and proposes to make some, but not all of the changes sought by NACA. The Department proposes to make revisions to definitions relating to charter types, and to modify the Department's current charter application form so as to require updated reciprocity information as well as numbers of U.S.-homeland services vs. U.S.-non-homeland services. The Department does not anticipate adopting NACA's requests to impose a reciprocity standard that ensures substantially equivalent opportunities for U.S. carriers in the homeland of the applicant, or to accord U.S. carriers a right of ``first refusal'' over foreign carrier requests to conduct certain U.S.-originating charter operations. Specifically, the Department proposes to clarify the definition of ``fifth freedom charter'' by adding definitions of ``sixth- and seventh-freedom charters.'' The Department also proposes modifications to OST Form 4540 (Foreign Air Carrier Application for Statement of Authorization). Specifically, the Department proposes to require an updated reciprocity statement by foreign carriers for a statement of authorization to allow us to ensure that our reciprocity standards have been satisfied and are properly supported. The Department also proposes to require that foreign carrier applicants for a statement of authorization include historical data relative to the applicant's U.S.- home country operations to allow the Department to readily evaluate levels of third- and fourth-freedom versus fifth-, sixth-, and seventh- freedom operations. This data will allow the Department to satisfy any concerns we might have as to the applicant's reliance on fifth-, sixth- and seventh-freedom operations. These proposed modifications will ensure that the Department has the most current information on the state of reciprocity for each foreign carrier applicant for fifth-, sixth-, or seventh-freedom charter authority.

RSPA is extending until March 18, 2005, the period for interested persons to submit comments on the November 10, 2004 notice of proposed rulemaking in response to a request by the Air Transport Association of America, Inc. (ATA). In the November 10, 2004 NPRM, we proposed to amend the requirements in the Hazardous Materials Regulations (HMR) for the transportation of hazardous materials by aircraft. The proposed changes include clarifying the applicability of part 175; excepting cargo aircraft from the quantity limits in Sec. 175.75; reformatting the exceptions in Sec. 175.10 into three sections based on applicability; and providing new separation distances for the shipment of radioactive materials by cargo aircraft. These changes are being proposed in order to clarify requirements to promote safer transportation practices; promote compliance and enforcement; eliminate unnecessary regulatory requirements; convert certain exemptions into regulations of general applicability; finalize outstanding petitions for rulemaking; facilitate international commerce; and make these requirements easier to understand.

The Coast Guard is establishing permanent safety zones on a portion of Lake Ontario. These safety zones are necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. These safety zones restrict vessel traffic from portions of Lake Ontario, New York, during annual fireworks displays.

Notice is hereby given that, pursuant to Title 19 of the Code of Federal Regulations Sec. 111.51(a), the following individual Customs broker licenses and any and all permits have been cancelled due to the death of the broker:

Pursuant to section 641 of the Tariff Act of 1930, as amended, (19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the following Customs broker local permits are cancelled with prejudice.

The National Institutes of Health (NIH) is requesting public comment on the following Written Request issued by the Food and Drug Administration (FDA) for off-patent drugs as defined in the Best Pharmaceuticals for Children Act (BPCA). The Written Request was referred to the NIH by the FDA as required by the BPCA. The Written Request was developed following formulation of an NIH-generated priority list, which prioritizes certain drugs most in need of study for use by children. The priority list was produced in consultation with the FDA, other NIH Institutes and Centers, and pediatric experts, as mandated by the BPCA. The studies that are described in the Written Request are intended to characterize the safety, efficacy, and pharmacokinetics of the drug for optimum use in pediatric patients.

This notice announces the availability of the sixteenth set of final toxicological profiles of priority hazardous substances prepared by ATSDR. This set comprises two new and three updated profiles.