February 9, 2005 – Federal Register Recent Federal Regulation Documents

Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan (ALWTRP)
Document Number: 05-2529
Type: Rule
Date: 2005-02-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the ALWTRP's implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,415 square nautical miles (nm\2\) (4,853.3 km\2\), east of Portsmouth, NH for 15 days. The purpose of this action is to provide protection to an aggregation of North Atlantic right whales (right whales).
Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska
Document Number: 05-2528
Type: Rule
Date: 2005-02-09
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to fully use the 2005 pollock interim total allowable catch (TAC) specified for Statistical Area 630.
Repeal of Mandatory Reimbursement Rules for Frequency Band or Geographic Relocation of Federal Spectrum-Dependent Systems
Document Number: 05-2514
Type: Rule
Date: 2005-02-09
Agency: Department of Commerce, National Telecommunications and Information Administration
The National Telecommunications and Information Administration (NTIA) is repealing its regulations governing reimbursement to federal entities by the private sector as a result of reallocation of frequency spectrum. The agency is taking this action in accordance with the Commercial Spectrum Enhancement Act which repealed the provision in the NTIA Organization Act under which the agency promulgated these regulations. The Commercial Spectrum Enhancement Act established a fund within the Department of Treasury through which money will be provided to federal agencies for the costs incurred in relocating their radio communications systems.
Approval and Promulgation of Air Quality Implementation Plans; District of Columbia, Maryland, Virginia; Metropolitan Washington DC 1-Hour Ozone Attainment Demonstration Plans
Document Number: 05-2508
Type: Proposed Rule
Date: 2005-02-09
Agency: Environmental Protection Agency
EPA is proposing to approve the attainment demonstration State Implementation Plan (SIP) revisions submitted by the Commonwealth of Virginia and the District of Columbia for the Metropolitan Washington, D.C. severe 1-hour ozone nonattainment area (the Washington area). EPA is proposing to approve the attainment demonstration SIP revisions submitted by the State of Maryland for the Washington area contingent upon the State submitting an approvable SIP revision for certain penalty fees, required by the Clean Air Act (the Act), prior to the time EPA issues a final rule on Maryland's attainment demonstration. In the alternative, EPA is proposing to disapprove the attainment demonstration SIP revision submitted by the State of Maryland for the Washington area. In the event we issue a final rule disapproving Maryland's attainment demonstration for the State's failure to satisfy the Act's penalty fee provisions, EPA is also proposing to issue a protective finding to preclude a ``conformity freeze'' pursuant to the transportation conformity rule. These revisions are being proposed in accordance with the Act.
Airworthiness Directives; Air Tractor, Inc. Models AT-502, AT-502A, AT-502B, and AT-503A Airplanes
Document Number: 05-2507
Type: Proposed Rule
Date: 2005-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede Airworthiness Directive (AD) 2002-26-05, which applies to certain Air Tractor, Inc. (Air Tractor) Models AT-502, AT-502A, AT-502B, and AT-503A airplanes. AD 2002-26-05 lowers the safe life for the wing lower spar cap for Models AT-502, AT- 502A, AT-502B, and AT-503A airplanes and those that incorporate or have incorporated Marburger Enterprises, Inc. winglets. AD 2002-26-05 also requires you to eddy-current inspect the wing lower spar cap immediately prior to the replacement/modification to detect and correct any crack in a bolthole before it extends to the modified center section of the wing and report the results of this inspection to the Federal Aviation Administration (FAA). Since we issued AD 2002-26-05, we have determined that additional airplanes should be added to the applicability section. We also developed an alternative method of compliance (AMOC) to the requirements of AD 2002-26-05. This proposed AD retains the action required in AD 2002-26-05, adds additional airplanes to the applicability, and includes an AMOC. We are issuing this proposed AD to prevent fatigue cracks from occurring in the wing lower spar cap before the established safe life is reached. Fatigue cracks in the wing lower spar cap could result in the wing separating from the airplane during flight.
Ultra-Wideband Transmission Systems
Document Number: 05-2505
Type: Rule
Date: 2005-02-09
Agency: Federal Communications Commission, Agencies and Commissions
This document responds to two petitions for reconsideration that were filed in response to the Commission's decision to establish regulations for unlicensed ultra-wideband (``UWB'') operation. It also responds to the rule making proposals contained in the Memorandum Opinion and Order and Further Notice of Proposed Rule Making in this docket. The order establishes new rules for wideband unlicensed devices operating in the 5925-7250 MHz, 16.2-17.7 GHz, and 22.12-29 GHz bands.
Implement the Global Mobile Personal Communications by Satellite (GMPCS) Memorandum of Understanding and Arrangements
Document Number: 05-2503
Type: Rule
Date: 2005-02-09
Agency: Federal Communications Commission, Agencies and Commissions
The Commission adopted new rules and policies pertaining to portable Global Mobile Personal Communications by Satellite (GMPCS) transceivers, i.e., satellite telephones and other portable transceivers operated by end users for communication via direct radio links with satellites. These devices are used for both voice and data communication and may be used for internet access or other modes of broadband communication. Certain rules contained new information collection requirements and were published in the Federal Register on February 6, 2004. This document announces the effective date of these published rules.
Proposed Establishment of the Niagara Escarpment Viticultural Area (2004R-589P)
Document Number: 05-2489
Type: Proposed Rule
Date: 2005-02-09
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the ``Niagara Escarpment'' viticultural area in Niagara County, New York. We designate viticultural areas to allow bottlers to better describe the origin of wines and to allow consumers to better identify the wines they may purchase. We invite comments on this proposed addition to our regulations.
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
Document Number: 05-2469
Type: Rule
Date: 2005-02-09
Agency: National Highway Traffic Safety Administration, Department of Transportation
This notice denies petitions for reconsideration submitted by the Alliance of Automobile Manufacturers (Alliance) of the August 20, 2004, final rule on advanced air bag provisions in the occupant crash protection standard. We are denying the first petition because it references a test procedure that the agency has not yet proposed, for which an effective date will be proposed when a Lower Anchors and Tethers for Children (LATCH) seat installation procedure is published. We are denying the second petition because we have previously responded to the same issue and no new data have been presented.
Semipostal Stamp Program
Document Number: 05-2467
Type: Rule
Date: 2005-02-09
Agency: Postal Service, Agencies and Commissions
This final rule clarifies regulations relating to the determination of costs to be offset from differential revenue.
Extensions of Credit by Federal Reserve Banks
Document Number: 05-2463
Type: Rule
Date: 2005-02-09
Agency: Federal Reserve System, Agencies and Commissions
The Board of Governors of the Federal Reserve System (Board) has adopted final amendments to its Regulation A to reflect the Board's approval of an increase in the primary credit rate at each Federal Reserve Bank. The secondary credit rate at each Reserve Bank automatically increased by formula as a result of the Board's primary credit rate action.
South Carolina: Final Authorization of State Hazardous Waste Management Program Revision
Document Number: 05-2457
Type: Rule
Date: 2005-02-09
Agency: Environmental Protection Agency
South Carolina has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for Final authorization, and is authorizing the State's changes through this immediate final action. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we get written comments which oppose this authorization during the comment period, the decision to authorize South Carolina's changes to their hazardous waste program will take effect. If we get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.
South Carolina: Final Authorization of State Hazardous Waste Management Program Revisions
Document Number: 05-2456
Type: Proposed Rule
Date: 2005-02-09
Agency: Environmental Protection Agency
South Carolina has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to South Carolina. In the ``Rules and Regulations'' section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.
Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Proposed Exclusion
Document Number: 05-2454
Type: Proposed Rule
Date: 2005-02-09
Agency: Environmental Protection Agency
EPA is proposing to grant a petition submitted by Shell Oil Company in Deer Park, Texas (Shell) to exclude (or delist) a certain sludge waste generated by its Houston, TX Deer Park facility from the lists of hazardous wastes. EPA used the Delisting Risk Assessment Software (DRAS) in the evaluation of the impact of the petitioned waste on human health and the environment. EPA bases its proposed decision to grant the petition on an evaluation of waste-specific information provided by the petitioner. This proposed decision, if finalized, would exclude the petitioned waste from the requirements of hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA). If finalized, we would conclude that Shell's petitioned waste is nonhazardous with respect to the original listing criteria. EPA would also conclude that Shell's waste concentrations are such that short- term and long-term threats from the petitioned waste to human health and the environment are minimized.
Implantation or Injectable Dosage Form New Animal Drugs; Zeranol
Document Number: 05-2451
Type: Rule
Date: 2005-02-09
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of two supplemental new animal drug applications (NADAs) filed by Schering-Plough Animal Health Corp. The supplemental NADAs provide for the addition of statements to labeling of subcutaneous implants containing zeranol warning against the use of these products in calves to be processed for veal.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population of Northern Aplomado Falcons in New Mexico and Arizona and Availability of Draft Environmental Assessment
Document Number: 05-2415
Type: Proposed Rule
Date: 2005-02-09
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), propose to reintroduce northern aplomado falcons (Falco femoralis septentrionalis) (falcon) into their historic habitat in southern New Mexico and Arizona with the purpose of establishing a viable resident population. If this proposed rule is finalized, we may release captive-raised falcons as early as the summer of 2005 and release up to 150 additional falcons annually in the summer and/or fall for 10 or more years thereafter until a self-sustaining population is established. We propose to designate this reintroduced population as a nonessential experimental population (NEP) according to section 10(j) of the Endangered Species Act of 1973 (Act), as amended. The geographic boundary of the proposed NEP includes all of New Mexico and Arizona. A draft environmental assessment (EA) has been prepared on this proposed action and is available for comment (see ADDRESSES section below). This proposed action is part of a series of reintroductions and other recovery actions that the Service, Federal and State agencies, and other partners are conducting throughout the species' historical range. This proposed rule provides a plan for establishing the NEP and provides for limited allowable legal taking of the northern aplomado falcon within the defined NEP area.
Migratory Bird Permits; Changes in the Regulations Governing Falconry
Document Number: 05-2378
Type: Proposed Rule
Date: 2005-02-09
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (we or us) proposes changes in the regulations governing the practice of falconry in the United States. We propose reorganization of the current regulations. We have added or changed some provisions in the current regulations. The changes are intended to make it easier to understand the requirements for the practice of falconry, including take of birds from the wild, and the procedures for obtaining a falconry permit. We also propose changes to simplify or clarify those regulations, or to change them as necessary to accompany the changes in the falconry regulations. This rule also adds a provision to approve falconry regulations adopted or established by Indian Tribes.
Airworthiness Directives; The New Piper Aircraft, Inc. PA-34 Series Airplanes
Document Number: 05-2374
Type: Proposed Rule
Date: 2005-02-09
Agency: Federal Aviation Administration, Department of Transportation
The FAA proposes to supersede Airworthiness Directive (AD) 93- 24-14, which applies to all The New Piper Aircraft, Inc. (Piper) PA-34 series airplanes. AD 93-24-14 currently requires you to repetitively replace the bolt and stack up that connect the upper drag link to the nose gear trunnion. This proposed AD is the result of many service difficulty reports related to the collapse or inadvertent retraction of the nose landing gear (NLG). Consequently, this proposed AD would retain the actions required in AD 93-24-14 until the actions of the proposed AD would begin, require you to inspect the NLG and components of the NLG using new procedures for rigging the nose gear installation, and require you to replace unserviceable parts. We are also issuing this proposed AD to detect, correct, and prevent future failure in certain components of the NLG, lack of cleanliness of the NLG due to inadequate maintenance, or lack of lubricant in the NLG or NLG components. This failure of the NLG could lead to loss of control of the airplane during take-off, landing, or taxiing operations.
National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units
Document Number: 05-2309
Type: Proposed Rule
Date: 2005-02-09
Agency: Environmental Protection Agency
On April 11, 2002, pursuant to section 112 of the Clean Air Act (CAA), the EPA issued national emission standards to control hazardous air pollutants emitted from catalytic cracking units, catalytic reforming units, and sulfur recovery units at petroleum refineries. This proposal would amend several sections of the existing standards. The proposed amendments would revise the affected source designations and add new compliance options for catalytic reforming units that use different types of emission control systems, new monitoring alternatives for catalytic cracking units and catalytic reforming units, and a new procedure for determining the metal or total chloride concentration on catalyst particles. The proposed amendments would also defer technical requirements for most continuous parameter monitoring systems, clarify testing and monitoring requirements, and make editorial corrections to improve implementation of the standards and to promote better understanding of their requirements.
National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units
Document Number: 05-2308
Type: Rule
Date: 2005-02-09
Agency: Environmental Protection Agency
On April 11, 2002, pursuant to section 112 of the Clean Air Act (CAA), the EPA issued national emission standards to control hazardous air pollutants emitted from catalytic cracking units, catalytic reforming units, and sulfur recovery units at petroleum refineries. This action promulgates amendments to several sections of the existing standards. The amendments will change the affected source designations and add new compliance options for catalytic reforming units that use different types of emission control systems, new monitoring alternatives for catalytic cracking units and catalytic reforming units, and a new procedure for determining the metal or total chloride concentration on catalyst particles. The amendments will also defer technical requirements for most continuous parameter monitoring systems, clarify testing and monitoring requirements, and make editorial corrections.
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