April 12, 2005 – Federal Register Recent Federal Regulation Documents

Approval and Promulgation of Implementation Plans Georgia: Vehicle Miles Traveled State Implementation Plan for the Atlanta 1-Hour Ozone Nonattainment Area
Document Number: 05-7333
Type: Proposed Rule
Date: 2005-04-12
Agency: Environmental Protection Agency
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Environmental Protection Division (EPD) on June 30, 2004, regarding the Severe Area Vehicles Miles Traveled (VMT) SIP for the Atlanta 1-Hour Ozone Nonattainment Area for the purpose of offsetting any growth in emissions from growth in VMT as required by the Clean Air Act (CAA or the Act) as Amended in 1990. The State demonstrated that emissions from increases in VMT, or numbers of vehicle trips, within the Atlanta area did not rise above an established ceiling by 2004. The rationale for this proposed approval is set forth below.
Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: 05-7329
Type: Rule
Date: 2005-04-12
Agency: Environmental Protection Agency
The EPA is approving revisions to volatile organic compound (VOC) requirements for Transwheel Corporation (Transwheel) of Huntington County, Indiana. Transwheel owns and operates an aluminum wheel reprocessing plant at which it performs cold cleaner degreasing operations. On December 22, 2004, the Indiana Department of Environmental Management (IDEM) submitted a Commissioner's Order containing the revised requirements, and requested that EPA approve it as an amendment to the Indiana State Implementation Plan (SIP). The December 22, 2004, submission supplements a November 8, 2001, submission. IDEM is seeking EPA approval of ``an equivalent control device'' for Transwheel's degreasing operations, under 326 Indiana Administrative Code (IAC) 8-3-5(a)(5)(C).
Approval and Promulgation of Air Quality Implementation Plans; Indiana
Document Number: 05-7328
Type: Proposed Rule
Date: 2005-04-12
Agency: Environmental Protection Agency
EPA is proposing to approve revisions to volatile organic compound (VOC) requirements for Transwheel Corporation (Transwheel) of Huntington County, Indiana. Transwheel owns and operates an aluminum wheel reprocessing plant at which it performs cold cleaner degreasing operations. On December 22, 2004, the Indiana Department of Environmental Management (IDEM) submitted a Commissioner's Order containing the revised requirements, and requested that EPA approve it as an amendment to the Indiana State Implementation Plan (SIP). The December 22, 2004, submission supplements a November 8, 2001, submission. IDEM is seeking EPA approval of an ``equivalent control device'' for Transwheel's degreasing operations, under 326 Indiana Administrative Code (IAC) 8-3-5 (a)(5)(C).
Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, English Kills, and Their Tributaries, NY
Document Number: 05-7327
Type: Rule
Date: 2005-04-12
Agency: Coast Guard, Department of Homeland Security
The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain in the closed position from April 27, 2005 through April 29, 2005. This temporary deviation is necessary to facilitate bridge maintenance.
Drawbridge Operation Regulation; Illinois Waterway, Joliet, IL
Document Number: 05-7326
Type: Proposed Rule
Date: 2005-04-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to change the regulation governing the Jefferson Street Bridge, mile 287.9, and Cass Street Bridge, mile 288.1, across the Illinois Waterway at Joliet, Illinois. The drawbridges need not open for river traffic and may remain in the closed-to-navigation position from 8:30 a.m. to 11:30 a.m. on May 15, 2005. This proposed rule would allow the scheduled running of a foot race as part of a local community event.
Drawbridge Operation Regulation; Seventh Coast Guard District
Document Number: 05-7325
Type: Rule
Date: 2005-04-12
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is removing drawbridge operation regulations for seven bascule bridges within the Seventh Coast Guard District. The seven bascule bridges were removed and the regulations governing their operation are no longer needed.
Sickness or Accident Disability Payments; Correction
Document Number: 05-7324
Type: Proposed Rule
Date: 2005-04-12
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document corrects a notice of proposed rulemaking (REG- 160315-03) that was published in the Federal Register on Friday, March 11, 2005 (70 FR 12164) that provide guidance regarding the treatment of payments made on account of sickness or accident disability under a workers' compensation law for purposes of the Federal Insurance Contributions Act (FICA).
Special Conditions: Airbus Model A380-800 Airplane; Dynamic Braking, Interaction of Systems and Structures, Limit Pilot Forces, Side Stick Controllers, Dive Speed Definition, Electronic Flight Control System-Lateral-Directional Stability, Longitudinal Stability, and Low Energy Awareness, Electronic Flight Control System-Control Surface Awareness, Electronic Flight Control System-Flight Characteristics Compliance Via the Handling Qualities Rating Method, Flight Envelope Protection-General Limiting Requirements, Flight Envelope Protection-Normal Load Factor (G) Limiting, Flight Envelope Protection-High Speed Limiting, Flight Envelope Protection-Pitch and Roll Limiting, Flight Envelope Protection-High Incidence Protection and Alpha-Floor Systems, High Intensity Radiated Fields (HIRF) Protection, and Operation Without Normal Electrical Power
Document Number: 05-7320
Type: Proposed Rule
Date: 2005-04-12
Agency: Federal Aviation Administration, Department of Transportation
This notice proposes special conditions for the Airbus A380- 800 airplane. This airplane will have novel or unusual design features when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. These design features include side stick controllers, a body landing gear in addition to conventional wing and nose landing gears, electronic flight control systems, and flight envelope protection. These proposed special conditions also pertain to the effects of such novel or unusual design features, such as their effects on the structural performance of the airplane. Finally, the proposed special conditions pertain to the effects of certain conditions on these novel or unusual design features, such as the effects of high intensity radiated fields (HIRF) or of operation without normal electrical power. Additional special conditions will be issued for other novel or unusual design features of the Airbus A380-800 airplanes. A list is provided in the section of this document entitled ``Discussion of Novel or Unusual Design Features.''
Proposed Establishment of Class E2 Airspace; and Modification of Class E5 Airspace; Chillicothe, MO
Document Number: 05-7319
Type: Proposed Rule
Date: 2005-04-12
Agency: Federal Aviation Administration, Department of Transportation
This notice proposes to create a Class E surface area at Chillicotte, MO. It also proposes to modify the Class E5 airspace at Chillicothe, MO.
Amendment of Class E Airspace; Parsons, TN
Document Number: 05-7316
Type: Rule
Date: 2005-04-12
Agency: Federal Aviation Administration, Department of Transportation
This action amends Class E5 airspace at Parsons, TN. The Beech River Regional Airport is being constructed at Parsons, TN. As a result, airspace must be established to contain the Area Navigation (RNAV) Global Positioning System (GPS) Runway (RWY) 19 Standard Instrument Approach Procedure (SIAP) to Beech River Regional Airport. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain the SIAP.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Tuna Purse Seine Vessels in the Eastern Tropical Pacific Ocean (ETP)
Document Number: 05-7312
Type: Rule
Date: 2005-04-12
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS issues a final rule to implement resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (IDCP). The final rule prohibits activities that undermine the effective implementation and enforcement of the Marine Mammal Protection Act (MMPA), Dolphin Protection Consumer Information Act (DPCIA), and International Dolphin Conservation Program Act (IDCPA).
Approval and Promulgation of Implementation Plans Georgia: Approval of Revisions to the Georgia State Implementation Plan
Document Number: 05-7308
Type: Rule
Date: 2005-04-12
Agency: Environmental Protection Agency
The EPA is approving the State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Environmental Protection Division (GAEPD), on December 18, 2003. These revisions pertain to rules for Enhanced Inspection and Maintenance (I/ M). These revisions were the subject of a public hearing held on November 5, 2003, adopted by the Board of Natural Resources on December 3, 2003, and became State effective on December 25, 2003.
Approval and Promulgation of Implementation Plans Georgia: Approval of Revisions to the Georgia State Implementation Plan
Document Number: 05-7307
Type: Proposed Rule
Date: 2005-04-12
Agency: Environmental Protection Agency
The EPA is approving the State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Environmental Protection Division (GAEPD), on December 18, 2003. These revisions pertain to rules for Enhanced Inspection and Maintenance (I/ M). These revisions were the subject of a public hearing held on November 5, 2003, adopted by the Board of Natural Resources on December 3, 2003, and became State effective on December 25, 2003. In the Final Rules Section of this Federal Register, the EPA is approving the State's SIP revision as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no significant, material, and adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this rule. The EPA will not institute a second comment period on this document. Any parties interested in commenting on this document should do so at this time.
Approval and Promulgation of Implementation Plans; Texas; 15% Rate-of-Progress Plan and Motor Vehicle Emissions Budgets, Dallas/Fort Worth Ozone Nonattainment Area
Document Number: 05-7305
Type: Rule
Date: 2005-04-12
Agency: Environmental Protection Agency
EPA is approving a State Implementation Plan (SIP) revision for the State of Texas for the 15% Rate-of-Progress Plan (ROP) and 15% ROP Motor Vehicle Emissions Budget (MVEB) for the Dallas/Fort Worth (DFW) ozone nonattainment area. This plan shows planned emission reductions required by the Clean Air Act (Act) from 1990 to 1996 to improve air quality in the Dallas/Fort Worth Area. The reductions are from the 1990 base year emissions inventory. The MVEBs are used for determining conformity of transportation projects to the SIP. This action satisfies the Act's requirements for an ozone nonattainment area's 15% Rate-of-Progress Plan and approves the MVEBs under the ROP Plan.
Approval and Promulgation of Implementation Plans; Texas; Agreed Orders in the Beaumont/Port Arthur Ozone Nonattainment Area
Document Number: 05-7304
Type: Rule
Date: 2005-04-12
Agency: Environmental Protection Agency
The EPA is taking direct final action on revisions to the Texas State Implementation Plan (SIP). This rule making covers eight Agreed Orders with six companies in the Beaumont/Port Arthur (B/PA) nonattainment area. We are approving the eight Agreed Orders between the State of Texas and six companies in Southeast Texas as a strengthening of the Texas SIP. These Agreed Orders will contribute to the improvement in air quality in the B/PA nonattainment area and continue to contribute to the maintenance of the ozone standard in the southeastern portion of the State of Texas. The EPA is approving this SIP revision in accordance with the requirements of the Federal Clean Air Act (the Act), sections 110 and 116.
Approval and Promulgation of Implementation Plans; Texas; Agreed Orders in the Beaumont/Port Arthur Ozone Nonattainment Area
Document Number: 05-7303
Type: Proposed Rule
Date: 2005-04-12
Agency: Environmental Protection Agency
The EPA is proposing to take direct final action on revisions to the Texas State Implementation Plan (SIP). This rulemaking covers eight Agreed Orders with six companies in the Beaumont/Port Arthur (B/ PA) ozone nonattainment area. We are approving the eight Agreed Orders between the State of Texas and the six companies in Southeast Texas as a strengthening of the Texas SIP. These Agreed Orders will contribute to the improvement in air quality in the B/PA nonattainment area and will continue to contribute to the maintenance of the ozone standard in the southeastern portion of the State of Texas. The EPA is proposing to approve this SIP in accordance with the requirements of the Federal Clean Air Act (the Act), sections 110 and 116. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP Revision as a direct final rule without prior proposal because the EPA views this as a noncontroversial revision and anticipates no adverse comment. The EPA has explained its reasons for this approval in the preamble to the direct final rule. If EPA receives no relevant adverse comments, the EPA will not take further action on this proposed rule. If the EPA receives relevant adverse comment, EPA will withdraw the direct final rule and it will not take effect. The EPA will address all public comments in a subsequent final rule based upon this 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 we receive significant adverse comments on an amendment, paragraph or section of this rule and if that provision is independent of the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment.
Milk in the Northeast Marketing Area; Order Amending the Order
Document Number: 05-7273
Type: Rule
Date: 2005-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
This final rule amends regulations pertaining to the Northeast Federal milk order. More than the required number of producers for the Northeast marketing area approved the issuance of the final order amendments.
Milk in the Pacific Northwest Marketing Area: Order Amending the Order
Document Number: 05-7272
Type: Rule
Date: 2005-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
This document adopts as a final rule, without change, an interim final rule concerning pooling provisions of the Pacific Northwest Federal milk order. More than the required number of producers for the Pacific Northwest marketing area approved the issuance of the final order amendments.
Milk in the Northeast and Other Marketing Areas; Notice of Hearing on Proposed Amendments to Tentative Marketing Agreements and Orders
Document Number: 05-7271
Type: Proposed Rule
Date: 2005-04-12
Agency: Agricultural Marketing Service, Department of Agriculture
A national public hearing is being held to consider proposals seeking to amend the Class I fluid milk product definition of all Federal milk marketing orders.
General Services Acquisition Regulation; Federal Agency Retail Pharmacy Program
Document Number: 05-7270
Type: Proposed Rule
Date: 2005-04-12
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to add a new subpart and clause required by the Department of Veterans Affairs (VA), consistent with Congressional intent under Section 603 of the Veterans Health Care Act of 1992 (VHCA) that certain Federal agencies (i.e., VA, Department of Defense (DoD), Public Health Service (including the Indian Health Service), and the Coast Guard) have access to Federal pricing for pharmaceuticals purchased for their beneficiaries. GSA is responsible for the schedules program and rules related to its operation. Under GSA's delegation of authority, the VA procures medical supplies under the VA Federal Supply Schedule program. VA and DoD seek this amendment. This new subpart adds a clause unique to the virtual depot system established by a Federal Agency Retail Pharmacy Program utilizing contracted retail pharmacies as part of a centralized pharmaceutical commodity management program. At this time, only DoD has a program in place, and the rule would facilitate DoD's access to Federal pricing offered on Federal Supply Schedule (FSS) pharmaceutical contracts for covered drugs purchased by DoD and dispensed to TRICARE beneficiaries through retail pharmacies in the TRICARE network.
Borrower Rights
Document Number: 05-7233
Type: Rule
Date: 2005-04-12
Agency: Farm Credit Administration, Agencies and Commissions
The Farm Credit Administration (FCA or Agency) issues this final rule to allow a borrower to waive borrower rights when receiving a loan from a qualified lender as part of a loan syndication with non- Farm Credit System (System) lenders that are otherwise not required by section 4.14A(a)(6) of the Farm Credit Act of 1971, as amended (Act), to provide borrower rights. This rule will provide qualified lenders needed flexibility to meet the credit needs of borrowers seeking financing from a qualified lender as part of certain syndicated lending arrangements.
Motor Vehicle Traffic Supervision
Document Number: 05-7165
Type: Rule
Date: 2005-04-12
Agency: Department of Defense, Department of the Army, Army Department
The Department of the Army is publishing our rule concerning motor vehicle traffic supervision. The regulation prescribes policies and procedures on motor vehicle traffic supervision on military installations in the continental United States and overseas areas, including registration of privately owned vehicles; granting, suspending, or revoking the privilege to operate a privately owned vehicle on a military installation; administration of the vehicle registration program; driver improvement programs; police traffic supervision; and off-installation traffic activities.
Defense Federal Acquisition Regulation Supplement; Simplified Acquisition Procedures
Document Number: 05-7095
Type: Proposed Rule
Date: 2005-04-12
Agency: Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing the use of simplified acquisition procedures. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Use of the Governmentwide Commercial Purchase Card for Micro-Purchases
Document Number: 05-7094
Type: Proposed Rule
Date: 2005-04-12
Agency: Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update requirements for use of the Governmentwide commercial purchase card for actions at or below the micro-purchase threshold. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Environment, Occupational Safety, and Drug-Free Workplace
Document Number: 05-7093
Type: Proposed Rule
Date: 2005-04-12
Agency: Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the environment, occupational safety, and a drug-free workplace. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Socioeconomic Programs
Document Number: 05-7092
Type: Proposed Rule
Date: 2005-04-12
Agency: Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to socioeconomic considerations in DoD contracting. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Subcontracting Policies and Procedures
Document Number: 05-7091
Type: Proposed Rule
Date: 2005-04-12
Agency: Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to subcontracts awarded under DoD contracts. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Contract Administration
Document Number: 05-7090
Type: Proposed Rule
Date: 2005-04-12
Agency: Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to contract administration and audit services. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Personal Services Contracts
Document Number: 05-7089
Type: Rule
Date: 2005-04-12
Agency: Department of Defense
DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Sections 721 and 841 of the National Defense Authorization Act for Fiscal Year 2004. Section 721 provides permanent authority for DoD to enter into personal services contracts for health care at locations outside of DoD medical treatment facilities. Section 841 adds authority for DoD to enter into contracts for personal services that are to be performed outside the United States or that directly support the mission of a DoD intelligence or counter-intelligence organization or the special operations command.
Defense Federal Acquisition Regulation Supplement; Administrative Matters
Document Number: 05-7083
Type: Proposed Rule
Date: 2005-04-12
Agency: Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing administrative matters related to contract placement. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
Defense Federal Acquisition Regulation Supplement; Uniform Contract Line Item Numbering
Document Number: 05-7082
Type: Proposed Rule
Date: 2005-04-12
Agency: Department of Defense
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing uniform line item numbering in DoD contracts. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.
General Services Administration Acquisition Regulation; Waiver of Consequential Damages and “Post Award” Audit Provisions (Correction)
Document Number: 05-7039
Type: Proposed Rule
Date: 2005-04-12
Agency: General Services Administration, Agencies and Commissions
The General Services Administration (GSA) is requesting comments from both Government and industry on whether the General Services Administration Acquisition Regulation (GSAR) should be revised to include a waiver of consequential damages for contracts awarded for commercial items under the FAR. GSA is also requesting comments on whether ``post award'' audit provisions should be included in its Multiple Award Schedules (MAS) contracts and Governmentwide acquisition contracts (GWACs). GSA is further amending the correction notice published in the Federal Register at 70 FR 13005, March 17, 2005, to add the following: In addition, GSA is interested in receiving comments on whether the Examination of Records clause at GSAR 552.215-71 should be modified to reinstate post-award access to and the right to examine records to verify that preaward/modification pricing, sales, or other data related to the supplies or services offered under a contract which formed the basis for an award/modification was accurate, current, and complete. The notice published in the Federal Register at 70 FR 12167, March 11, 2005, is amended to extend the public comment date to May 10, 2005, and to allow interested parties to submit presentations by April 7, 2005.
Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Riverside Fairy Shrimp (Streptocephalus woottoni
Document Number: 05-6825
Type: Rule
Date: 2005-04-12
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), designate critical habitat for the federally endangered Riverside fairy shrimp (Streptocephalus woottoni) pursuant to the Endangered Species Act of 1973, as amended (Act). The critical habitat designation encompasses approximately 306 acres (ac) (124 hectares (ha)) of land within Ventura, Orange, and San Diego counties, California.
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