March 2005 – Federal Register Recent Federal Regulation Documents

This notice announces that the Information Collection Request for Bureau of Indian Affairs (BIA) Form-4432, Verification of Indian Preference for Employment in the BIA and the Indian Health Service (IHS) has been submitted to the Office of Management and Budget (OMB) for approval under the provisions of the Paperwork Reduction Act of 1995. The BIA is soliciting public comments on the subject proposal.

Purpose of Closure Order: This closure is issued to provide for the protection of Federal property and to ensure public safety at Reclamation facilities. Closure Areas: Under the authority of 43 CFR 423.3(b) the following facilities, lands, and waters are closed to the public: The crest of Trinity Dam and adjacent property, buildings, and facilities under the control of Reclamation. The closure area includes the area from the dam crest to the upstream waterline and 700 feet downstream of Trinity Dam and 700 feet on either side of the entire width of the dam downstream.

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 102(2)(C) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Guidelines (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for a federally assisted proposed project by the Lower Payette Ditch Company, Payette County, Idaho.

The Administration on Aging (AoA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the information collection requirements relating to State Annual Long-Term Care Ombudsman Report and instructions for Older Americans Act Title VII.

The Food and Drug Administration (FDA) is amending the food additive regulations to provide for the safe use of glycerol ester of gum rosin (GEGR) to adjust the density of citrus oils used in the preparation of beverages. This action is in response to a petition filed by T&R Chemicals, Inc.

The Food and Drug Administration (FDA) is announcing the availability of a draft guidance entitled ``Systemic Lupus ErythematosusDeveloping Drugs for Treatment.'' The draft guidance is intended to provide recommendations for industry on developing drugs for the treatment of systemic lupus erythematosus (SLE). Specific topics include measurement of lupus disease activity and clinical outcomes, reduction in disease activity and flares, treatment of organ- specific disease, trial design issues and analysis, surrogate markers as endpoints, and risk-benefit assessment.

The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising an official grade standard, is soliciting comments on a possible revision to the United States Standards for Grades of Fresh Asparagus. At a 2003 meeting of the Fruit and Vegetable Industry Advisory Committee, AMS was asked to review all the fresh fruit and vegetable grade standards for usefulness in serving the industry. As a result, AMS has noted that currently there are no provisions to allow purple or white asparagus to be graded using the standards. Therefore, AMS is soliciting comments on the possible revision of the color requirements in the grade standards. Additionally, AMS is seeking comments regarding any other revisions that may be necessary to better serve the industry.

The Federal Crop Insurance Corporation (FCIC), operating through the Risk Management Agency (RMA), announces the availability of approximately $500,000 for Commodity Partnerships for Small Agricultural Risk Management Education Sessions (the Commodity Partnerships Small Sessions Program). The purpose of this partnership agreement program is to deliver training and information in the management of production, marketing, and financial risk to U.S. agricultural producers. The program gives priority to educating producers of crops currently not insured under Federal crop insurance, specialty crops, and underserved commodities, including livestock and forage. A maximum of 50 partnership agreements will be funded, with no more than five in each of the ten designated RMA Regions. The maximum award for any partnership agreement will be $10,000. Recipients of awards must demonstrate non-financial benefits from a partnership agreement and must agree to the substantial involvement of RMA in the project. Funding availability for this program may be announced at approximately the same time as funding availability for similar but separate programsCFDA No. 10.455 (Community Outreach and Assistance Partnerships), CFDA No. 10.456 (Risk Management Research Partnerships), CFDA No. 10.457 (Commodity Partnerships for Risk Management Education), and CFDA No. 10.458 (Crop Insurance Education in Targeted States). Prospective applicants should carefully examine and compare the notices for each program.

The Federal Crop Insurance Corporation (FCIC), operating through the Risk Management Agency (RMA), announces the availability of approximately $4.0 million for Commodity Partnerships for Risk Management Education (the Commodity Partnerships program). The purpose of this partnership agreement program is to deliver training and information in the management of production, marketing, and financial risk to U.S. agricultural producers. The program gives priority to educating producers of crops currently not insured under Federal crop insurance, specialty crops, and underserved commodities, including livestock and forage. A maximum of 40 partnership agreements will be funded, with no more than four in each of the ten designated RMA Regions. The maximum award for any partnership agreement will be $150,000. Recipients of awards must demonstrate non-financial benefits from a partnership agreement and must agree to the substantial involvement of RMA in the project. Funding availability for this program may be announced at approximately the same time as funding availability for similar but separate programsCFDA No. 10.455 (Community Outreach and Assistance Partnerships), CFDA No. 10.456 (Risk Management Research Partnerships), CFDA No. 10.458 (Crop Insurance Education in Targeted States) and CFDA No. 10.459 (Commodity Partnerships for Small Agricultural Risk Management Education Sessions). Prospective applicants should carefully examine and compare the notices for each program. Full Text of Announcement

This action classifies aircraft used in commercial sightseeing flight operations over Grand Canyon National Park (GCNP) by the noise they produce. This amendment of 14 CFR part 93 is necessary to establish reasonably achievable requirements for aircraft operating in the GCNP to be considered as employing quiet aircraft technology. The FAA now refers to the designation as ``GCNP quiet aircraft technology'' rather than ``quiet technology'' to clarify that the scope of this rule is limited to aircraft operating in the GCNP. The FAA and NPS will use the GCNP quiet aircraft technology designation to consider establishing routes and corridors and in future actions to achieve substantial restoration of natural quiet and visitor experience in the GNCP. This rule does not require any action by commercial air tour operators, as it simply identifies which aircraft meet or do not meet the GCNP quiet aircraft technology designation. Further, this rule does not relieve GCNP commercial air tour operators of their operational limitations. Section 804(b) of the National Parks Air Tour Management Act directs the FAA, in consultation with the NPS and the Advisory Group (now known as the National Park Overflights Advisory Group Aviation Rulemaking Committee or NPOAG ARC) to consider establishing the GCNP quiet aircraft technology aircraft routes and corridors consistent with certain requirements.

In issuing this notice, the FAA incorporates, on an interim basis; two new assurances to the standard grant assurances that are required of a sponsor before receiving a grant under the Airport Improvement Program (AIP). Also, the FAA is modifying another grant assurance. Pursuant to applicable law, the Secretary of Transportation is required to provide notice in the Federal Register of, and to provide an opportunity for public comment on, proposals to modify the assurances and on proposals for additional AIR assurances. A notice of modification of Airport Improvement Program grant assurances and of the opportunity to comment was published in the Federal Register/Vol. 69, No. 163/Tuesday, August 24, 2004 on page 52057. The existing AIP grant assurances are being amended here for two reasons: To add two new assurances as required by Vision 100Century of Aviation Reauthorization Act, (Pub. L. 108-176) and to modify an existing assurance. The August 24 notice proposed, in addition to these new assurances to restructure the grant assurances to better reflect existing law. FAA also invited comments on all of the assurances for proposed changes or for possible recommendations to propose changes to existing statute. FAA is committed to this larger project and wishes to give full considerations to the comments received. At the same time, FAA is obligated to implement changes to law as timely as possible. Therefore, this notice is issued to implement the law with respect to the new assurances and the modified assurance while the larger project is being considered.

The FAA is issuing this notice to advise the public of a meeting of RTCA Special Committee 202: Portable Electronic Devices.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for extension of the currently approved collection. The ICR describes the nature of the information collection and the expected burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on December 24, 2004 on page 78520.

It is the policy of the Commission to publish settlements which it provisionally accepts under the Consumer Product Safety Act in the Federal Register in accordance with the terms of 16 CFR 118.20. Published below is a provisionally-accepted Settlement Agreement with Graco Children's Products, Inc. a corporation and Century Products, f/ k/a Century Products Company, containing a civil penalty of $4,000,000.00.

In accordance with the Federal Advisory Committee Act, Pub. L. 92-463, as amended, the National Aeronautics and Space Administration announces a change of date for the meeting of the NASA Advisory Council, Aeronautics Research Advisory Committee (ARAC); Notice Number 05-035, March 7, 2005. Previously Announced Dates and Addresses of Meeting: Wednesday, March 23, 2005, 8:30 a.m. to 5:15 p.m.; National Aeronautics and Space Administration, 300 E Street, SW., Room 6H46, Washington, DC 20546. Changes in the Meeting: Date changed to May 3, 2005, 8:30 a.m. to 5:15 p.m.

The EPA is revising the regulatory finding that it issued in December 2000 pursuant to section 112(n)(1)(A) of the Clean Air Act (CAA), and based on that revision, removing coal- and oil-fired electric utility steam generating units (``coal- and oil-fired Utility Units'') from the CAA section 112(c) source category list. Section 112(n)(1)(A) of the CAA is the threshold statutory provision underlying today's action. That provision requires EPA to conduct a study to examine the hazards to public health that are reasonably anticipated to occur as the result of hazardous air pollutant (HAP) emissions from Utility Units after imposition of the requirements of the CAA. The provision also provides that EPA shall regulate Utility Units under section 112, but only if the Administrator determines that such regulation is both ``appropriate'' and ``necessary'' considering, among other things, the results of the study. EPA completed the study in 1998 (the Utility Study), and in December 2000 found that it was ``appropriate and necessary'' to regulate coal- and oil-fired Utility Units under CAA section 112. That December 2000 finding focused primarily on mercury (Hg) emissions from coal-fired Utility Units. In light of the finding, EPA in December 2000 announced its decision to list coal- and oil-fired Utility Units on the section 112(c) list of regulated source categories. In January 2004, EPA proposed revising the December 2000 appropriate and necessary finding and, based on that revision, removing coal- and oil-fired Utility Units from the section 112(c) list. By this action, we are revising the December 2000 appropriate and necessary finding and concluding that it is neither appropriate nor necessary to regulate coal- and oil-fired Utility Units under section 112. We are taking this action because we now believe that the December 2000 finding lacked foundation and because recent information demonstrates that it is not appropriate or necessary to regulate coal- and oil-fired Utility Units under section 112. Based solely on the revised finding, we are removing coal- and oil-fired Utility Units from the section 112(c) list. The reasons supporting this action are described in detail below. Other actions related to this final rule include the recent promulgation of the final Clean Air Interstate Rule (CAIR) and the final Clean Air Mercury Rule (CAMR).

The Office of Personnel Management (OPM) is issuing a proposed regulation for the Combined Federal Campaign (CFC). This regulation requires that each federation and unaffiliated organization applying to participate in the CFC must, as a condition of participation, certify that it is in compliance with all statutes, Executive orders, and regulations restricting or prohibiting U.S. persons from engaging in transactions and dealings with countries, entities, and individuals subject to economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

The Department of Defense (DoD) is codifying its revised explosives safety standards for ammunition and explosives (A&E) work performed under DoD contracts. This proposed rule is necessary to minimize the potential for mishaps that could interrupt DoD operations, delay project completion dates, adversely impact DoD production base or capability, damage or destroy DoD-owned material/equipment, cause injury to DoD personnel, or endanger the general public. The benefits of this proposed rule in terms of the protection of the public and ensuring contract performance are expected to balance its potential cost or administrative impacts. Only provisions related to conventional AE operations have been included in this proposed rule. No attempt was made to encompass general industrial safety, occupational health concerns, chemical warfare agents, radiation, or over-the-road transportation requirements, because these are either the responsibility of other regulatory agencies (for example DOT, DOL/OSHA, or NRC) or may be addressed elsewhere in the contract by the procuring activity. Budgetary effects of this proposed rule are minimal since existing DoD Federal Acquisition Regulation Supplement coverage already requires compliance with safety requirements in AE solicitations and contracts. Finally, because this proposed rule is needed to minimize the potential for AE mishaps that could adversely impact DoD and the public, timely publication in the Federal Register is important.

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 an existing final regulation, REG-209484-87 (TD 8814), Federal Insurance Contributions Act (FICA) Taxation of Amounts Under Employee Benefit Plans (Sec. 31.3121(v)(2)-1).

The proposed information collection requirement described below has been submitted to the Office of Management and Budget (OMB) for emergency review and approval, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. This is a request for a new information collection that will be used to select awardees for the Graduation Incentive Bonus program grants that will be part of the 2005 Notice of Funding Availability. Congress has authorized this Graduation Incentive Bonus funding as a set aside from the 2005 Public Housing Operating Fund allocation. Funds can be used for any and all operating expenses approved under section 9 of the United States Housing Act of 1937 and 24 CFR part 990.