April 1, 2005 – Federal Register Recent Federal Regulation Documents

This notice announces the date and location of the public meeting being held prior to the 57th annual International Whaling Commission (IWC) meeting.

NMFS issues this emergency rule to provide a limited reopening of the application process for the charter vessel/headboat permit moratorium for reef fish and coastal migratory pelagic fish in the Gulf of Mexico. This reopening allows qualifying persons, who can provide documentation of economic harm as a result of inability to obtain a moratorium permit, to apply for reconsideration of moratorium permit eligibility. In addition, NMFS informs the public of the approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of the collection-of-information requirements contained in this emergency rule and publishes the OMB control numbers for those collections. The intended effect of this emergency rule is to eliminate adverse socio-economic impacts on eligible Gulf charter vessel/headboat owners and operators while maintaining the integrity of the permit moratorium and its objectives.

NMFS has received an application for an incidental take permit (Permit) from the North Carolina Division of Marine Fisheries (NCDMF) pursuant to the Endangered Species Act of 1973, as amended (ESA). As required by the ESA, NCDMF's application includes a conservation plan designed to minimize and mitigate any such take of endangered or threatened species. The Permit application is for the incidental take of ESA-listed adult and juvenile sea turtles associated with otherwise lawful commercial fall gill net fisheries for flounder operating in Pamlico Sound, NC. The duration of the proposed Permit is for 6 years. NMFS is furnishing this notice in order to allow other agencies and the public an opportunity to review and comment on this document. All comments received will become part of the public record and will be available for review.

DEA is revising its regulations to provide an electronic equivalent to the DEA official order form, which is legally required for all distributions involving Schedule I and II controlled substances. These regulations will allow, but not require, registrants to order Schedule I and II substances electronically and maintain the records of these orders electronically. The regulations will reduce paperwork and transaction times for DEA registrants who handle, sell, or buy these controlled substances. This rule has no effect on patients' ability to receive prescriptions for controlled substances from practitioners, nor on their ability to have those prescriptions filled at pharmacies.

EPA issued a notice in the Federal Register of March 4, 2005, concerning the initial filing of a pesticide petition proposing the establishment of regulations for residues of sulfuryl fluoride in or on various food commodities with a 30-day public comment period. That comment period will end on April 4, 2005. This document is extending the comment period for an additional 15 days.

EPA expressed concerns about the project's economic viability, the scope of the project's dredging and sediment disposal, the impacts to water quality, fish and wildlife species and habitat, and the indirect and cumulative impacts, and requested that additional information, especially Habitat Impairment Test results, be presented in the Final EIS to address these issues. ERP No. D-COE-E11055-NC Rating LO, Fort Bragg Headquarters for XVIII Airborne Corps and Army Special Operations Command, To Fully Integrate the Overhill Tract Training Program, Cumberland and Harnett Counties, NC. Summary: EPA has no objections to the proposed project. ERP No. D- FHW-F40428-OH Rating EC2, OH-823, Portsmouth Bypass Project, Transportation Improvements, Funding and U.S. Army COE Section 404 Permit, Appalachian Development Highway, Scioto County, OH. Summary: EPA has environmental concerns about the proposed project related to upland forest habitat losses, forest fragmentation, and potential for stream sedimentation. EPA also recommends additional analysis of the cumulative impacts related to forest fragmentation be included in the FEIS. ERP No. D-FRC-G03024-TX Rating EC2, Vista del Sol Liquefied Natural Gas (LNG) Terminal Project, Construct, Install and Operate an LNG Terminal and Natural Gas Pipeline Facilities, Vista del Sol LNG Terminal LP and Vista del Sol Pipeline LP, TX. Summary: EPA identified environmental concerns that may require changes to the preferred alternative and mitigation measures to reduce environmental impact. EPA requested additional information to be included in the FEIS, including information regarding wetland impacts, mitigation, contaminant testing and the suitability of dredged material for beneficial use.

In accordance with the Paperwork Reduction Act of 1995, this notice invites the general public and other public agencies to comment on the proposed extension of this collection. The information collection involves the use of a web-based pre-screening tool for the general public to use to determine potential eligibility for Food Stamp Program benefits. A new component of this tool collects survey data about the usability of the tool. Some data provided by the users will be captured and retained for analytical purposes. No personal identifiers such as last names, social security numbers, birthdates, etc. will be collected or retained.

OSHA solicits public comment concerning its request for an extension of the information collection requirements contained in 29 CFR part 1915, subpart A (``General Provisions'') and subpart B (``Confined and Enclosed Spaces and Other Dangerous Atmospheres in Shipyard Employment'').

The Onondaga Lake Watershed Management Plan (OLWMP) project has been initiated through the Onondaga Lake Partnership (OLP) to help coordinate and implement various improvement projects in the watershed to benefit the public. The project entails developing a multi-purpose/ multi-objective evaluation of the Onondaga Lake watershed to (1) integrate existing projects/plans/studies; (2) assess program/project progress; and (3) plan future lake and watershed revitalization programs and projects into a comprehensive Onondaga Lake Watershed Management Plan. The final product will be used as a tool for the OLP to move toward the rehabilitation of the Onondaga Lake watershed. Projects shall be consistent with the 1993 Onondaga Lake Management Plan and comply with the Amended Consent Judgment (ACJ) and the Project Labor Agreement (PLA) for the environmental restoration, conservation, and management of Onondaga Lake. Within the framework of the OLWMP project, an integrated rehabilitation approach will be applied to recognize Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and National Resource Damage Assessment (NRDA) activities within the lake and watershed. While CERCLA and NRDA are pursued under those authorities (Superfund) and are not subject to NEPA, per se, processes are similar. The Onondaga Lake Watershed Management Plan reports will discuss and provide an overview of all pertinent on-going watershed programs and projects in appropriate relative detail. Study efforts will include: Identification of various study/project authorities; identification of existing and anticipated lake and watershed conditions (including completed and ongoing projects); identification of lake and watershed water resources problems, needs, goals, and objectives; identification of considered alternatives; assessment of impacts of considered alternatives; evaluation (trade-off analyses) of alternatives and associated impacts (including required planning and environmental coordination and compliance, and consideration of agency and public views); and selection and pursuit of appropriate lake and watershed water resources alternatives/projects. Studies shall also provide tools, as appropriate, for continued study/ project development, management, and monitoring purposes.

This notice sets forth Fiscal Year (FY) 2006 individual allotments and percentages of the total appropriation to States administering the State Developmental Disabilities Councils and Protection and Advocacy programs, pursuant to Section 122 and Section 142 of the Developmental Disabilities Assistance and Bill of Rights Act (Act). The allotment amounts are based on the FY 2006 President's Budget request and are contingent on congressional appropriations for FY 2006. If the Congress enacts a different appropriation amount in FY 2006, these allotments will be adjusted accordingly. The State allotments are available on the ADD homepage on the Internet: https:// www.acf.hhs.gov/programs/add/.

In accordance with the provisions of the Help America Vote Act (HAVA), the National Institute of Standards and Technology (NIST) will be conducting research on voting equipment used in the 2004 elections. The NIST research is designed to: (1) Determine the realistic usability benchmarks for current voting system technology to support usability performance standards in next generation voluntary voting systems standards, and (2) develop usability test protocols for conformance testing of such standards. NIST may also examine relevant instructions, documentation and error messages, without doing any direct usability studies thereon. Manufacturers interested in participating in this research will be asked to execute a Letter of Understanding. Interested parties are invited to contact NIST for information regarding participation, Letters of Understanding and shipping.

The Coast Guard proposes to establish permanent special local regulations for the Fort Myers Beach Air Show, Fort Myers Beach, Florida. This event is proposed to be held annually on the second Friday, Saturday, and Sunday of May between 8:30 a.m. and 4:30 p.m. EDT (Eastern Daylight Time). This proposed regulation is needed to restrict persons and vessels from entering the sterile zone (air box) below the aerial demonstration and restrict vessels from mooring/anchoring or transiting within the surrounding regulated area with the exception of the Matanzas Pass Channel. This proposed rule is necessary to ensure the safety of life for the participating aircraft, spectators, and mariners in the area on the navigable waters of the United States.

This notice publishes the FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 13 individuals. FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The Food and Drug Administration (FDA) is announcing the availability of a guidance entitled ``E2E Pharmacovigilance Planning.'' The guidance was prepared under the auspices of the International Conference on Harmonisation of Technical Requirements for Registration of Pharmaceuticals for Human Use (ICH). The guidance describes a method for summarizing the important potential and identified risks of a drug. It proposes a structure for a pharmacovigilance plan and sets out principles of good practice for the design and conduct of observational studies. The guidance is intended to aid in planning pharmacovigilance activities, especially in preparation for the early postmarketing period of a new drug.

This action adds to the Procurement List a service to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes from the Procurement List services previously furnished by such agencies.

We are amending the regulations concerning overtime services provided by employees of the Agency's Plant Protection and Quarantine (PPQ) and Veterinary Services (VS) programs by adding or amending commuted traveltime allowances for travel between certain locations in Texas, New Mexico, and Mexico. Commuted traveltime allowances are the periods of time required for PPQ or VS employees to travel from their dispatch points and return there from the places where they perform Sunday, holiday, or other overtime duty. The Government charges a fee for certain overtime services provided by PPQ and VS employees and, under certain circumstances, the fee may include the cost of commuted traveltime. This action is necessary to inform the public of commuted traveltime for these locations.

The Employment and Training Administration (ETA) of the Department of Labor (the Department or DOL) is proposing to amend its regulations related to the H-1B and H-1B1 programs to generally require employers to use Web-based electronic filing of labor condition applications (LCAs). The H-1B program allows an employer in the United States to temporarily employ a foreign worker on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability. For its part, the H-1B1 program allows a U.S. employer to temporarily employ on a nonimmigrant basis in a specialty occupation a foreign worker from a country with which the U.S. has reached trade or other agreements listed in the Immigration and Nationality Act (now Chile and Singapore). ETA anticipates that increasing e-filing of H-1B and H-1B1 labor condition applications, and reducing U.S. Mail and fax- based filings, will enhance the effectiveness of the H-1B and H-1B1 programs, reduce costs and delays, and will match a U.S. employer with a qualified H-1B or H-1B1 worker in a more timely fashion. This notice of proposed rulemaking (NPRM) also proposes technical and clarifying amendments to ETA's H-1B and H-1B1 regulations to correct terminology and addresses, update internal agency procedures, and clarify text. Among these amendments are provisions to reflect Congressional reinstatement of certain attestation obligations applicable to employers who are H-1B dependent or who have committed willful violations of H-1B requirements.