February 2005 – Federal Register Recent Federal Regulation Documents

EPA expressed environmental concerns about potential effects to aquatic and terrestrial resources from large scale management activity, and requested additional information on the ongoing beetle epidemic, especially its impact on meeting project goals. ERP No. D-AFS-J65431-UT Rating EC2, Duck Creek Fuels Treatment Analysis, To Reduce Fuels, Enhance Fire-Tolerant Vegetation and Provide Fuel Breaks, Dixie National Forest, Cedar City Ranger District, Kane County, UT. Summary: EPA expressed environmental concerns about the potential for adverse impacts to water quality and aquatic habitat, degradation of soils and impacts to wildlife from reduction of old growth habitat. The Final EIS should discuss additional mitigation measures to reduce impacts in important wildlife habitat and back-country areas. ERP No. D-AFS-J65434-CO Rating EC2, County Line Vegetation Management Project, Salvaging Spruce Beetle Infected Trees and Thinning Spruce-Fir Stand, Rio Grande National Forest, Conejos Peak Ranger District, Conejes County, CO. Summary: EPA expressed environmental concerns about soil disturbance and erosion, runoff, sedimentation, and habitat impacts in streams that have a population of genetically pure Rio Grande cutthroat trout, and wildlife impacts to sensitive species such as threatened Canada Lynx, Northern Goshawk, and Boreal Owl. EPA recommended that the Preferred Alternative be modified to protect critical, older-growth spruce-fir wildlife habitats. ERP No. D-AFS-K65277-CA Rating EC2, Modoc National Forest Noxious Weed Treatment Project, Proposes to Implement a Control and Eradication Project, Lassen, Modoc and Siskiyou Counties, CA. Summary: EPA expressed environmental concerns about integration of weed treatments, impacts to water quality, toxicity of herbicides to wildlife, and addressing tribal concerns regarding herbicide use. ERP No. D-USA-L11037-AK Rating EC2, Battle Area Complex (BAX) and a Combined Arms Collective Training Facility (CACTF) Construction and Operation, U.S. Army Training Lands in Alaska. Summary: EPA expressed concerns related to water resource, wetland, and habitat impacts, and recommended that additional criteria could be used to expand the range of alternatives in order to minimize environmental impacts. ERP No. DR-IBR-K39048-CA Rating EC2, Truckee River Operating Agreement (TROA) Modify Operations of Five Federal and Two Non-Federal Reservoirs to Facilitate Distribution of Water, Truckee River Basin, EL Dorado, Nevada, Placer and Sierra Counties, CA and Douglas, Lyon, Storey and Washoe Counties, NV. Summary: EPA expressed concerns about potential impacts to water quality and sensitive resources, and requested additional information in the Final EIS on water quality, alternatives, biological resources, cumulative impacts, water conservation, and program monitoring and reporting measures.

EPA today is announcing the Call for Nominations of watershed proposals under the Targeted Watersheds Grant Program. Formerly called the Watershed Initiative, the Targeted Watersheds Grant Program is a competitive grant program designed to support the protection and restoration of the country's water resources through a holistic watershed approach to water quality management. For fiscal year 2005, Congress has appropriated a total of $18 million for the Program of which $10 million will be directed to nation-wide projects for improving water quality and the remaining $8 million will be directed toward projects in the Chesapeake Bay watershed. Today's notice sets forth the process that will be used for selecting watersheds for the nation-wide projects, and serves as the call for nominations from Governors and Tribal Leaders. Subsequently, EPA will publish a separate notice that will outline the criteria and selection process for Chesapeake Bay nominations.

The Food and Drug Administration (FDA) is announcing the availability of a reviewer guidance entitled ``Conducting a Clinical Safety Review of a New Product Application and Preparing a Report on the Review.'' The guidance is intended to provide an annotated outline of the safety component of a clinical review of a new drug or biologic product application and guidance on how to conduct and organize the safety review. The guidance is also intended to provide standardization and consistency in the format, content, and quality of safety reviews. This reviewer guidance has been developed as part of the agency's good review practices initiative.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental abbreviated new animal drug application (ANADA) filed by Phoenix Scientific, Inc. The supplemental ANADA provides for a new container size, a 20-gram dropper bottle, from which gentamicin sulfate, betamethasone valerate, clotrimazole ointment may be administered for the treatment of acute and chronic canine otitis externa. The regulations are also being amended to correct the indications for use to agree with approved product labeling. This action is being taken to improve the accuracy of the regulations.

The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor's address for Phibro Animal Health.

HRSA uses ``low-income'' levels to determine whether an individual is from an economically disadvantaged background in making eligibility and funding determinations for participants in various health professions and nursing grant and cooperative agreement programs authorized by Titles III, VII and VIII of the Public Health Service (PHS) Act. In the past, an individual's economically disadvantaged background status, as a basis for participation in certain programs, was based on the income level of the individual's parents. However, many potential program participants are well above the age of majority. Accordingly, questions have been raised by potential program participants and program officials regarding the feasibility and fairness in determining economically disadvantaged status based solely on the parent's income. This notice updates the low-income levels published by HRSA on August 5, 2003 (68 FR 46199-46200), and changes the methodology used to determine low income for use in these programs beginning in Fiscal Year (FY) 2005.

The Committee is proposing to add to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.

Due to significant adverse comment, OSHA is withdrawing the direct final rule for Updating OSHA Standards Based on National Consensus Standards; General, Incorporation by Reference; Hazardous Materials, Flammable and Combustible Liquids; General Environmental Controls, Temporary Labor Camps; Hand and Portable Powered Tools and Other Hand Held Equipment, Guarding of Portable Powered Tools; Welding, Cutting, and Brazing, Arc Welding and Cutting; Special Industries, Sawmills, which was published on November 24, 2004 [69 FR 68712]. In that document, OSHA stated that if it received significant adverse comment, the agency would ``publish a notice of significant adverse comment in the Federal Register withdrawing this direct final rule * * *'' OSHA published a companion proposed rule identical to the direct final rule on the same day. [69 FR 68706]. The agency will address the significant adverse comment and the other comments on the direct final and proposed rules in a new final rule. OSHA will not institute a second comment period.

The plats of survey of the following described land will be officially filed in the Colorado State Office, Bureau of Land Management, Lakewood, Colorado, effective 10 a.m., February 10, 2005. All inquiries should be sent to the Colorado State Office, Bureau of Land Management, 2850 Youngfield Street, Lakewood, Colorado 80215-7093. The field notes of the remonumentation of certain corners in Township 2 North, Range 43 West, Sixth Principal Meridian, Group 750, Colorado, was accepted October 18, 2004. The Plat, representing the dependent resurveys and surveys in section 34, Township 36 North, Range 7 West, New Mexico Principal Meridian, Group 1401, Colorado, was accepted October 20, 2004. The plat (in 2 sheets), of the entire record, representing the dependent resurvey and survey, in Township 22 South, Range 71 West, Sixth Principal Meridian, Group 1275, Colorado, was accepted November 5, 2004. The Plat, representing the dependent resurveys and surveys in Township 2 South, Range 80 West, Sixth Principal Meridian, Group 1402, Colorado, was accepted November 15, 2004. The Plat, representing the dependent resurveys and surveys in Township 1 North, Range 80 West, Sixth Principal Meridian, Group 1402, Colorado, was accepted November 15, 2004. The Plat, representing the dependent resurvey in Township 8 South, Range 76 West, Sixth Principal Meridian, Group 1409, Colorado, was accepted December 9, 2004. The Supplemental Plat, creating new lots 86 and 87, in section 30, Township 1 North, Range 71 West, Sixth Principal Meridian, Colorado, was accepted December 27, 2004. These plats and remonumentation notes were requested by the Bureau of Land Management for administrative and management purposes. The Supplemental Plat, creating lot 1 in section 30, Township 3 South, Range 74 West, Sixth Principal Meridian, Colorado, was accepted November 30, 2004. The Plat (in 6 sheets), representing the segregation of mineral surveys in section 30, Township 1 North, Range 71 West, Sixth Principal Meridian, Group 1008, Colorado, was accepted December 21, 2004. These plats were requested by the U. S. Forest Service, to facilitate a land exchange, and for administrative and management purposes.

The Western Area Power Administration (Western), U.S. Department of Energy (DOE) intends to prepare an Environmental Impact Statement (EIS) on the proposal by Navitas Energy (Navitas) to construct and operate the White Wind Farm Project (Project) in Brookings County, South Dakota. The EIS will address the construction and operation of the proposed Project, which includes wind turbine generators, access roads, collection and feeder lines, communications system, and a new electrical substation. Navitas has applied to Western to interconnect the proposed Project to Western's power transmission system. Western needs to grant or deny Navitas' interconnection request under the provisions of its General Guidelines for Interconnections. Western will hold a 30-day scoping period and a scoping meeting near the project area to ensure that interested members of the public and groups, and Federal, state, local, and tribal agencies have an opportunity to provide input on the scope of the EIS.

This notice provides an update of the HHS poverty guidelines to account for last (calendar) year's increase in prices as measured by the Consumer Price Index.

The Grain Inspection, Packers and Stockyards Administration (GIPSA) is revising the United States Standards for Wheat. GIPSA is amending the grain standards to change the definition of contrasting classes in Hard Red Winter wheat and Hard Red Spring wheat such that Hard White wheat is not a contrasting class but is considered as wheat of other classes. GIPSA also is amending the grain standards by adding the sample size used to determine sample grade factors, because the standards should transmit this information. These actions are necessary to ensure market-relevant standards and grades and facilitate the marketing of grain.

The NCUA is submitting the following information collection to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). This information collection is published to obtain comments from the public.