April 8, 2005 – Federal Register Recent Federal Regulation Documents

Bovine Spongiform Encephalopathy; Minimal-Risk Regions and Importation of Commodities; Finding of No Significant Impact and Affirmation of Final Rule
Document Number: 05-7141
Type: Rule
Date: 2005-04-08
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are publishing a finding of no significant impact for a final rule concerning bovine spongiform encephalopathy minimal risk regions published January 4, 2005, and, based on that finding, we are affirming the provisions of the final rule. The finding of no significant impact is based on an environmental assessment that documented our review and analysis of potential environmental impacts associated with the final rule and our review of issues raised by the public regarding the environmental assessment. Together, the environmental assessment and our review of the issues raised provide a basis for our conclusion that the provisions of the final rule will not have a significant impact on the quality of the human environment and support our affirmation of the final rule.
Endangered and Threatened Wildlife and Plants; Establishment of a Nonessential Experimental Population for Two Fishes (Boulder Darter and Spotfin Chub) in Shoal Creek, Tennessee and Alabama
Document Number: 05-7086
Type: Rule
Date: 2005-04-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), in cooperation with the States of Tennessee and Alabama and with Conservation Fisheries, Inc., a nonprofit organization, plan to reintroduce one federally listed endangered fish, the boulder darter (Etheostoma wapiti), and one federally listed threatened fish, the spotfin chub (Cyprinella (=Hybopsis) monacha), into their historical habitat in Shoal Creek (a tributary to the Tennessee River), Lauderdale County, Alabama, and Lawrence County, Tennessee. Based on the evaluation of species' experts, these species currently do not exist in this reach or its tributaries. These two fish are being reintroduced under section 10(j) of the Endangered Species Act of 1973, as amended (Act), and would be classified as a nonessential experimental population (NEP). The geographic boundaries of the NEP would extend from the mouth of Long Branch, Lawrence County, Tennessee (Shoal Creek mile (CM) 41.7 (66.7 kilometers (km)), downstream to the backwaters of the Wilson Reservoir at Goose Shoals, Lauderdale County, Alabama (approximately CM 14 (22 km)), and would include the lower 5 CM (8 km) of all tributaries that enter this reach. These reintroductions are recovery actions and are 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 ranges. This rule provides a plan for establishing the NEP and provides for limited allowable legal taking of the boulder darter and spotfin chub within the defined NEP area. In addition, we are changing the scientific name for spotfin chub, from Cyprinella (=Hybopsis) monacha to Erimonax monachus, to reflect a recent change in the scientific literature, and adding a map to the regulation for a previously created NEP including one of these fishes for the purposes of clarity.
Buprofezin; Pesticide Tolerance
Document Number: 05-7066
Type: Rule
Date: 2005-04-08
Agency: Environmental Protection Agency
This regulation establishes tolerances for residues of buprofezin in or on avocado, papaya, star apple, black sapote, mango, sapodilla, canistel, mamey sapote, sugar apple, cherimoya, atemoya, custard apple, ilama, soursop, birida, guava, feijoa, jaboticaba, wax jambu, starfruit, passionfruit, and acerola at 0.30 parts per million (ppm); pome fruit at 0.30 ppm; peach at 9.0 ppm, meat (cattle, goat, hog, horse, and sheep) at 0.05 ppm; kidney (cattle, goat, hog, horse, and sheep) at 0.05 ppm.; lettuce, head at 5.0 ppm, Lettuce, leaf at 13.0 ppm, and Vegetable, cucurbit at 0.5 ppm; fruit, citrus, group 10 at 2.5 ppm; citrus, dried, pulp at 7.5 ppm; and citrus, oil at 80 ppm. Nichino America, Inc., Linden Park, Suite 501, 4550 New Linden Hill Road, Wilmington, DE 19808 requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Magnuson-Stevens Act Provisions; Fishing Capacity Reduction Program; Pacific Coast Groundfish Fishery; California, Washington, and Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp; Industry Fee System for Fishing Capacity Reduction Loan
Document Number: 05-7063
Type: Proposed Rule
Date: 2005-04-08
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS re-proposes regulations to implement an industry fee system for repaying a $35,662,471 Federal loan. The loan financed most of the cost of a fishing capacity reduction program in the Pacific Coast groundfish fishery. The industry fee system imposes fees on the value of future groundfish landed in the trawl portion (excluding whiting catcher-processors) of the Pacific Coast groundfish fishery. It also imposes fees on coastal Dungeness crab and pink shrimp landed in the California, Washington, and Oregon fisheries for coastal Dungeness crab and pink shrimp. This action's intent is to implement the industry fee system.
Airworthiness Directives; the Cessna Aircraft Company Models 208 and 208B Airplanes
Document Number: 05-7052
Type: Rule
Date: 2005-04-08
Agency: Federal Aviation Administration, Department of Transportation
This document makes a correction to Airworthiness Directive (AD) 2005-07-01, which was published in the Federal Register on March 25, 2005 (70 FR 15223), and applies to all the Cessna Aircraft Company (Cessna) Models 208 and 208B airplanes. We incorrectly referenced the affected airplane models as C208 and C208B throughout the document. The correct airplane models are 208 and 208B. This action corrects the regulatory text.
Triflumizole; Pesticide Tolerances for Emergency Exemptions
Document Number: 05-7046
Type: Rule
Date: 2005-04-08
Agency: Environmental Protection Agency
This regulation establishes time-limited tolerances for combined residues of triflumizole in or on parsley, leaves; dandelion, leaves; swiss chard; collards; kale; kohlrabi; mustard greens; cabbage, chinese, napa; broccoli; and coriander, leaves (cilantro). This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on parsley; dandelion; swiss chard; collards; kale; kohlrabi; mustard greens; cabbage, chinese, napa; broccoli; and coriander, leaves (cilantro). This regulation establishes maximum permissible levels for residues of triflumizole in these food commodities. These tolerances will expire and are revoked on June 30, 2008.
Importation of Swine and Swine Products From the European Union
Document Number: 05-7013
Type: Proposed Rule
Date: 2005-04-08
Agency: Department of Agriculture, Animal and Plant Health Inspection Service
We are proposing to amend the regulations for importing animals and animal products into the United States to apply a uniform set of importation requirements related to classical swine fever (CSF) to a region consisting of all of the 15 Member States of the European Union (EU) that comprised the EU as of April 30, 2004 (the EU-15) and prohibit for a specified period of time the importation of live swine and swine products from any area in the EU-15 that is identified by the veterinary authorities of the region as a restricted zone. We believe these changes are necessary to help prevent the introduction of CSF into the United States while increasing our responsiveness to changes in the CSF situation in the EU.
Proposed Establishment of the Shawnee Hills Viticultural Area (2002R-345P)
Document Number: 05-6994
Type: Proposed Rule
Date: 2005-04-08
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 Shawnee Hills viticultural area in southern Illinois. This proposed 1,268,960-acre viticultural area is approximately 80 miles long east to west and approximately 20 miles wide from north to south. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed addition to our regulations.
Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2005 Season
Document Number: 05-6987
Type: Rule
Date: 2005-04-08
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (Service or we) is establishing migratory bird subsistence harvest regulations in Alaska for the 2005 season. This final rule prescribes frameworks, or outer limits, for dates when harvesting of birds may occur, species that can be taken, and methods and means that would be excluded from use. These regulations were developed under a co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations are intended to provide a framework to enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking establishes regulations that start on April 2, 2005, and expire on August 31, 2005, for the subsistence harvest of migratory birds in Alaska.
Anchorage Grounds; Baltimore Harbor Anchorage Project
Document Number: 05-6956
Type: Rule
Date: 2005-04-08
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is amending the geographic coordinates and modifying the regulated use of the anchorages in Baltimore Harbor, MD. This amendment is necessary to ensure changes in depth and dimension to the Baltimore Harbor anchorages resulting from an Army Corps of Engineers anchorage-deepening project are reflected in the Federal regulations and on National Oceanic and Atmospheric Association charts. The modifications to the regulated uses of the anchorages accommodate changes to ships' drafts and lengths since the last revision of this regulation in 1968 and standardize the anchorage regulations throughout the Fifth Coast Guard District.
Procedures for the Handling of Discrimination Complaints Under Section 6 of the Pipeline Safety Improvement Act of 2002
Document Number: 05-6925
Type: Rule
Date: 2005-04-08
Agency: Department of Labor, Occupational Safety and Health Administration
This document provides the final text of regulations governing the employee protection (``whistleblower'') provisions of Section 6 of the Pipeline Safety Improvement Act of 2002 (``Pipeline Safety Act''), enacted into law December 17, 2002. This rule establishes procedures and time frames for the handling of discrimination complaints under the Pipeline Safety Act, including procedures and time frames for employee complaints to the Occupational Safety and Health Administration (``OSHA''), investigations by OSHA, appeals of OSHA determinations to an administrative law judge (``ALJ'') for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (acting on behalf of the Secretary) and judicial review of the Secretary's final decision.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Astragalus jaegerianus
Document Number: 05-6920
Type: Rule
Date: 2005-04-08
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), are designating no critical habitat pursuant to the Endangered Species Act of 1973, as amended (Act), for Astragalus jaegerianus (Lane Mountain milk-vetch). In our April 6, 2004 proposed rule, we identified 29,522 acres (ac) (11,947 hectares (ha)) of habitat essential for the conservation of A. jaegerianus located in the Mojave Desert in San Bernardino County, California. However, as a result of our evaluation of the relationship of essential habitat to sections 3(5)(A), 4(a)(3), and 4(b)(2) of the Act, we designate a total of zero acres (0 ac) (zero hectares (0 ha)).
Federal Acquisition Regulation; Earned Value Management System (EVMS)
Document Number: 05-6864
Type: Proposed Rule
Date: 2005-04-08
Agency: General Services Administration, Agencies and Commissions, National Aeronautics and Space Administration, Department of Defense
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement earned value management system (EVMS) policy. FAR coverage is essential to help standardize the use of EVMS across the Government. The proposed rule specifically impacts contracting officers, program managers, and contractors with earned value management systems.
Federal Motor Vehicle Safety Standards; Tire Pressure Monitoring Systems; Controls and Displays
Document Number: 05-6741
Type: Rule
Date: 2005-04-08
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule establishes a new Federal motor vehicle safety standard (FMVSS) requiring installation of a tire pressure monitoring system (TPMS) capable of detecting when one or more of a vehicle's tires is significantly under-inflated. This final rule responds to a mandate in the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. This final rule requires installation in all new light vehicles of a TPMS capable of detecting when one or more of the vehicle's tires, up to all four tires, is 25 percent or more below the manufacturer's recommended inflation pressure (placard pressure) or a minimum activation pressure specified in the standard, whichever is higher.
Federal Implementation Plans Under the Clean Air Act for Indian Reservations in Idaho, Oregon and Washington
Document Number: 05-6367
Type: Rule
Date: 2005-04-08
Agency: Environmental Protection Agency
The Environmental Protection Agency (EPA) is taking final action on these Federal Implementation Plans (FIPs) under the Clean Air Act (CAA) for Indian reservations in Idaho, Oregon, and Washington. The FIPs put in place basic air quality regulations to protect health and welfare on Indian reservations located in the Pacific Northwest.
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