March 4, 2005 – Federal Register Recent Federal Regulation Documents

In response to timely requests by two manufacturers/exporters and the petitioner,\1\ the Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain preserved mushrooms from India with respect to four companies. The period of review (POR) is February 1, 2003, through January 31, 2004.

This notice announces changes in the interest rates to be paid on debentures issued with respect to a loan or mortgage insured by the Federal Housing Commissioner under the provisions of the National Housing Act (the Act). The interest rate for debentures issued under section 221(g)(4) of the Act during the 6-month period beginning January 1, 2005, is 5 percent. The interest rate for debentures issued under any other provision of the Act is the rate in effect on the date that the commitment to insure the loan or mortgage was issued, or the date that the loan or mortgage was endorsed (or initially endorsed if there are two or more endorsements) for insurance, whichever rate is higher. The interest rate for debentures issued under these other provisions with respect to a loan or mortgage committed or endorsed during the 6-month period beginning January 1, 2005, is 4\7/8\ percent. However, as a result of a recent amendment to section 224 of the Act, if an insurance claim relating to a mortgage insured under sections 203 or 234 of the Act and endorsed for insurance after January 23, 2004, is paid in cash, the debenture interest rate for purposes of calculating a claim shall be the monthly average yield, for the month in which the default on the mortgage occurred, on United States Treasury Securities adjusted to a constant maturity of 10 years.

The Mid-Atlantic Fishery Management Council (Council) announces its intention to prepare, in cooperation with NMFS, a SEIS in accordance with the National Environmental Policy Act to assess potential effects on the human environment of alternative measures for managing the Atlantic mackerel (Scomber scombrus) fishery pursuant to the Magnuson-Stevens Fishery Conservation and Management Act. Amendment 9 to the Atlantic Mackerel, Squid and Butterfish Fishery Management Plan (FMP) is under development and a NOI was previously published on November 29, 2001. Issues scoped under the previous NOI include: a multi-year specification process, the expiration of the moratorium on entry into the Illex squid fishery, revisions to the overfishing definition for Loligo squid, measures to minimize the adverse effects of fishing on essential fish habitat, and measures to reduce discards and bycatch. This notice further expands the scope of measures under consideration to include controlled access measures for the Atlantic mackerel fishery. This notice also announces a public process for determining the scope of issues to be addressed and for identifying the significant issues relating to the possible development of a limited access program for the Atlantic mackerel fishery. The intended effect of this notice is to alert the interested public of the scoping process and to provide for public participation. During this scoping period, the Council is seeking comments on the possible development of a limited access program for Atlantic mackerel only.

NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2005 first seasonal allowance of the pollock total allowable catch (TAC) for Statistical Area 620 of the GOA.

On January 31, 2005, the Attorney General issued a memorandum to the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Administrator, Drug Enforcement Administration; the Director, Federal Bureau of Investigation; the Director, Federal Bureau of Prisons; the Inspector General; and the Director, United States Marshals Service providing guidance on the application of the Law Enforcement Officers Safety Act of 2004, Pub. L. No. 108-277, to current and retired Department of Justice law enforcement officers. This notice contains the guidance issued by the Attorney General.

This document contains proposed regulations relating to the collection of tax liabilities after assessment. The proposed regulations reflect changes to the law made by the Internal Revenue Service Restructuring and Reform Act of 1998. These regulations would affect persons determining how long the Internal Revenue Service has to collect taxes that have been properly assessed.

We, the U.S. Fish and Wildlife Service (Service), are promulgating a special rule under Section 4(d) of the Endangered Species Act of 1973, as amended (Act), to exempt the import and export of and foreign and interstate commerce in certain products of beluga sturgeon (Huso huso) from threatened species permits normally required under 50 CFR 17.32. The beluga sturgeon's historical range includes 18 countries within the watersheds of the Caspian Sea, Black Sea, Sea of Azov, and the Adriatic Sea. The species is currently known to occur only in the Caspian and Black Seas and certain rivers connected to these basins. Of the 14 countries where the species still occurs, only 11 have significant beluga sturgeon habitat in the Caspian Sea, Black Sea or Danube River and consequently these countries take responsibility for cooperative management of the species (Azerbaijan, Bulgaria, Georgia, Islamic Republic of Iran, Kazakhstan, Romania, Russian Federation, Serbia and Montenegro, Turkey, Turkmenistan, and Ukraine; hereafter referred to as the ``littoral states''). Overharvest, severe habitat degradation, and other factors have led to the listing of beluga sturgeon as threatened throughout its range under the Act and in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In our final rule listing the beluga sturgeon as threatened, we delayed the effective date of the listing for 6 months to allow time for us to promulgate a special rule under Section 4(d) of the Act. The listing became effective on October 21, 2004, yet this 4(d) rule was not yet promulgated. Therefore, we promulgated a special interim rule on October 21, 2004, to continue to allow CITES-consistent trade in all beluga sturgeon and products until this 4(d) rule was finalized and effective. When this 4(d) rule becomes effective, it will repeal the special interim rule and the Act will prohibit all trade (import, export, re-export, and foreign and interstate commerce) in beluga sturgeon and beluga sturgeon products, except as provided in the special rule or with permits under the provisions of Section 10 of the Act. This special rule initially allows littoral states 6 months from the rule's effective date to submit a suite of reports and management measures to us for review. During this initial 6-month period, imports, re-exports, and exports of, and interstate and foreign commerce in, certain beluga sturgeon caviar and meat will continue without a requirement for threatened species permits. This is intended to provide the littoral states time to submit the required documents. Similarly, we will consider making programmatic permit exemptions for commercial aquaculture facilities outside the littoral states if they meet certain criteria for: (1) Enhancing the survival of populations of wild beluga sturgeon; and (2) not threatening native aquatic fauna in the country in which the facility is located. CITES documentation will still be required for any international movement of beluga sturgeon and beluga sturgeon products, except as they may qualify for an exemption as personal or household effects. After an initial 6 months of gathering information from the littoral states, these exemptions will occur only if the information provided fulfills certain requirements, as described below. In addition, all relevant provisions of CITES will continue to govern international trade in all beluga sturgeon products. We are allowing this conditional trade to promote the effective conservation of Huso huso in the littoral states, through demonstrable law enforcement and cooperative management activities. DATES: This rule is effective March 4, 2005. The reasons for this accelerated implementation, which replaces the standard 30-day time frame, are described below in the ``Background'' section. ADDRESSES: The complete file for this rule is available for inspection by appointment during normal business hours in the office of the Division of Scientific Authority, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 750, Arlington, Virginia 22203. Requests for copies of the regulations regarding listed wildlife and inquiries about prohibitions and permits may be addressed to: Division of Management Authority, Branch of PermitsInternational, U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Room 700, Arlington, Virginia 22203.

The U.S. Environmental Protection Agency (EPA) is announcing the IRIS 2005 agenda and requesting scientific information on health effects that may result from exposure to the chemical substances for which EPA is starting assessments this year. The Integrated Risk Information System (IRIS) is an EPA database that contains the Agency's scientific consensus positions on human health effects that may result from exposure to chemical substances in the environment. On February 9, 2004 (69 FR 5971), EPA announced the 2004 IRIS agenda, with solicitation of scientific information from the public for consideration in assessing health effects from specific chemical substances. All assessments currently in progress or completed in 2004 are listed in this notice. This notice also provides an update on EPA's efforts to improve the IRIS database.

In accordance with the Federal Advisory Committee Act, 5 U.S.C. Appendix 2, section 10(a) (Pub. L. 92-463), this notice announces a meeting of the Advisory Panel on Medicare Education (the Panel) on March 22, 2005. The Panel advises and makes recommendations to the Secretary of the Department of Health and Human Services and the Administrator of the Centers for Medicare & Medicaid Services on opportunities to enhance the effectiveness of consumer education strategies concerning the Medicare program. This notice replaces the meeting notice published on February 25, 2005 (70 FR 9362) due to a change in the meeting location.

EPA is proposing to approve delegation of the Federal plan for commercial and industrial solid waste incinerator (CISWI) units to both the Pennsylvania Department of Environmental Protection (PADEP) and the Allegheny County Health Department (ACHD). In the ``Rules and Regulations'' section of the Federal Register, EPA is announcing its approval of the requests for delegation of the Federal plan without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If EPA receives adverse comments, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule did not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

The Office of Solid Waste and Emergency Response (OSWER) is today announcing significant changes to the operation of the RCRA, Superfund & EPCRA Call Center (Call Center). The Call Center will terminate support of the Resource Conservation and Recovery Act (RCRA) and Underground Storage Tanks (UST) programs at close of business on Thursday, March 31, 2005. Individuals seeking information on the RCRA and UST programs after that date will be directed to EPA's Headquarters' and Regional Offices' Web sites for these programs, and other sources as described in the SUPPLEMENTARY INFORMATION section. The Call Center will continue as before to respond to public inquiries about the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund), including the Small Business Liability Relief and Brownfields Revitalization Act (SBLRBRA, or Brownfields); the Emergency Planning and Community Right-to-Know Act (EPCRA), including the Toxic Release Inventory (TRI) program; the Superfund Amendments Reauthorization Act (SARA) Title III; the Clean Air Act (CAA) Section 112(r); and the Oil Pollution Control Act (OPA). Call Center access will remain unchanged for these programs.

The Environmental Protection Agency is proposing to enter into an ``Administrative Order On Consent For Past Cost Reimbursement/ Covenant Not to Sue and Removal'' pursuant to Sections 106(a), 107 and 122 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (``CERCLA''), 42 U.S.C. 9606(a), 9607 and 9622. This proposed administrative settlement is intended to: (1) Resolve the liability of LC Associates, LP. (``Settling Party'') under CERCLA for EPA's past response costs incurred at the Andela and River Bend Superfund Sites, Warwick Township, Bucks County, Pennsylvania (``the Sites''); and (2) further directs Settling Party to cleanup any future discovered PCB contamination on the Sites, if necessary, pursuant to the self-effectuating ``Removal Order'' component of this proposed settlement.

Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) Secretariat has submitted to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning OMB Circular A-119. A request for public comments was published at 69 FR 74504, December 14, 2004. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

This document proposes several revisions to the procedural rules governing practice before the Occupational Safety and Health Review Commission.

The Committee is proposing to add to the Procurement List a product to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete products previously furnished by such agencies. Comments Must Be Received on or Before: April 3, 2005.