April 20, 2005 – Federal Register Recent Federal Regulation Documents

Anchorage Grounds; Baltimore Harbor Anchorage Project
Document Number: C5-6956
Type: Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Georgia, Redesignation of Atlanta 1-Hour Severe Ozone Nonattainment Area to Attainment for Ozone
Document Number: 05-7936
Type: Proposed Rule
Date: 2005-04-20
Agency: Environmental Protection Agency
On February 1, 2005, the State of Georgia, through the Georgia Environmental Protection Division (EPD), submitted; a request to redesignate the 1-hour ozone National Ambient Air Quality Standard (NAAQS) nonattainment area of Atlanta, Georgia, to attainment; and a request for EPA approval of a Georgia State Implementation Plan (SIP) revision containing a 10-year maintenance plan for the 13-county Atlanta area, including new motor vehicle emission budgets (MVEBs) for the year 2015. In addition, Georgia has requested that EPA make a determination that certain Clean Air Act (CAA or Act) SIP submittal requirements related to attainment demonstrations and reasonable further progress are not applicable requirements for the purposes of this redesignation request because the Atlanta area has attained the 1- hour ozone NAAQS based on ambient air monitoring data for the 3- year period including the years 2002, 2003, and 2004. EPA is proposing to determine that the Atlanta area has attained the 1-hour ozone NAAQS. This proposal is based on three years of complete, quality-assured ambient air quality monitoring data for 2002 through 2004 ozone seasons. On the basis of this proposal, EPA is also proposing to determine that certain attainment demonstration and reasonable further progress requirements along with other related requirements of part D of Title I of the CAA are not applicable to the Atlanta area. EPA is also proposing approval of both the 1-hour ozone redesignation request and the 10-year maintenance plan SIP revision, including the new 2015 MVEBs. EPA's proposed approval of the 1-hour ozone redesignation request is based on its determination that the Atlanta area has met the five criteria for redesignation to attainment specified in the CAA, including a demonstration that the Atlanta area has attained the 1-hour ozone NAAQS. EPA is proposing approval of the 10-year maintenance plan SIP revision, including the new 2015 MVEBs, because EPA has determined that the plan complies with the requirements of Section 175A of the Act. Finally, in this proposed rulemaking, EPA is providing information on the status of its transportation conformity adequacy determination for new motor vehicle emission budgets (MVEB) for the year 2015 that are contained Georgia's the 10-year 1-hour ozone maintenance plan SIP submittal for the Atlanta area.
Security Zone; New York Marine Inspection Zone and Captain of the Port Zone, New York Harbor
Document Number: 05-7902
Type: Proposed Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish temporary security zones in portions of the waters around Stapleton Homeport Pier in Upper New York Bay, as well as the New York City Passenger Ship Terminal and Intrepid Museum in the Hudson River and around each participating Fleet Week vessel. This action is necessary to safeguard Naval vessels, Coast Guard vessels, and critical port infrastructure from sabotage, subversive act, or other threats. This rule does not apply to any vessel engaged in the enforcement of these security zones, other law enforcement, port security, or search and rescue activity. This rule would prohibit entry into or movement within these security zones without authorization from the Captain of the Port of New York.
Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Houma, LA
Document Number: 05-7900
Type: Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the regulation governing the operation of the SR 315 (Bayou Dularge) bascule bridge across the Gulf Intracoastal Waterway, mile 59.9 west of Harvey Lock, in Houma, Louisiana. An increase in traffic during the noontime time period facilitated a request to allow the bridge to remain closed to navigation for two (2), 30-minute periods in the middle of the day. These closures will allow local workers to transit the area with minimal delays during the noontime lunch period.
Drawbridge Operation Regulations: Connecticut River, CT
Document Number: 05-7899
Type: Rule
Date: 2005-04-20
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 Amtrak Old Saybrook-Old Lyme Bridge, mile 3.4, across the Connecticut River, Connecticut. This deviation from the regulations allows scheduled bridge openings every two hours between 8 a.m. and 4 p.m. each day from April 11, 2005 through April 30, 2005. This deviation is necessary in order to facilitate electrical repairs at the bridge.
Drawbridge Operation Regulation; Houma Navigation Canal, Houma, LA
Document Number: 05-7898
Type: Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is changing the regulation governing the operation of the SR 661 (Houma Nav Canal) swing bridge across the Houma Navigation Canal, mile 36.0, in Houma, Louisiana. An increase in traffic during the noontime time period has facilitated a request to allow the bridge to remain closed to navigation for two (2), 30-minute periods in the middle of the day. These closures will allow local workers to transit the area with minimal delays during the noontime lunch period.
Drawbridge Operation Regulation; Napa River, CA
Document Number: 05-7897
Type: Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is removing the existing drawbridge operation regulation for the draw of the Maxwell Highway Bridge, mile 17.6, near Imola, CA. The drawbridge has been removed from the waterway. Therefore, the regulation controlling the operation of the drawbridge is no longer necessary.
Drawbridge Operation Regulations: Cheesequake Creek, NJ
Document Number: 05-7896
Type: Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard has changed the drawbridge operation regulations that govern the operation of the S35 Bridge, mile 0.0, across Cheesequake Creek at Morgan, South Amboy, New Jersey. This final rule allows the bridge to open on the hour only from 7 a.m. to 8 p.m., May 1 through October 31. In addition, this rule allows the bridge owner to require a 4-hour advance notice for openings from 11 p.m. to 7 a.m. all year, and all day from November 1 through April 30. This rule is expected to relieve the bridge owner of the burden of crewing the bridge at all times while still providing for the reasonable needs of navigation.
Security and Safety Zone: Protection of Large Passenger Vessels, Portland, OR
Document Number: 05-7895
Type: Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
The Captain of the Port Portland, OR will begin, on May 5, 2005, enforcing a small area of the greater Large Passenger Vessel Security and Safety Zones that were established in September 2003. The zones provide for the security and safety of large passenger vessels in the navigable waters of Portland, OR and adjacent waters. These security and safety zones will be enforced for passenger cruise ships only and only from the mouth of the Columbia River at buoy 14 upriver to, and including, Astoria, OR, until further notice.
Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and Ketchikan, AK
Document Number: 05-7894
Type: Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
This final rule adopts, without changes, the interim rule published on April 7, 2000, which changed the speed limit in Tongass Narrows. This final rule extends the speed limit area northward in Tongass Narrows to Channel Island, allows the take-off and landing of floatplanes, and allows smaller vessels to transit crowded areas to Tongass Narrows more quickly, relieving congestion. This final rule also re-designates the safety zone in Ketchikan Harbor as an anchorage ground. Vessels transiting the anchorage ground, other than those engaged in anchoring evolutions are required to proceed through the anchorage by the most direct route without delay or sudden course change. The new rule makes the final approach, anchoring, and departure of very large passenger vessels, safer for the vessels involved.
Drawbridge Operation Regulations; Dorchester Bay, MA
Document Number: 05-7893
Type: Proposed Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the William T. Morrisey Boulevard Bridge, at mile 0.0, across Dorchester Bay at Boston, Massachusetts. This change to the drawbridge operation regulations would allow the bridge to remain in the closed position from November 1, 2005 through May 10, 2006. This action is necessary to facilitate necessary maintenance at the bridge.
Drawbridge Operation Regulations; Kennebec River, ME
Document Number: 05-7892
Type: Proposed Rule
Date: 2005-04-20
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to temporarily change the drawbridge operating regulations governing the operation of the Carlton Bridge, mile 14.0, across the Kennebec River between Bath and Woolwich, Maine. This proposed rule would allow the bridge to open on signal every three hours at 6 a.m., 9 a.m., 12 p.m., 3 p.m., and 6 p.m., Monday through Saturday, from July 5 through December 17, 2005, and again from April 1 through June 30, 2006, to facilitate rehabilitation construction at the bridge. This rule also would allow five three-day bridge closures in September and October of 2005. Vessels that can pass under the bridge without a bridge opening may do so at all times.
Model Milestones For NRC Adjudicatory Proceedings
Document Number: 05-7846
Type: Rule
Date: 2005-04-20
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to adopt model milestones for the conduct of NRC adjudicatory proceedings, to require a presiding officer to refer to the model milestones as a starting point for establishing a hearing schedule in an adjudicatory proceeding, and to manage the case in accordance with that schedule.
Employment of Relatives
Document Number: 05-7842
Type: Rule
Date: 2005-04-20
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
The Office of Personnel Management (OPM) is issuing final regulations on a plain language rewrite of its regulations regarding the employment of relatives as part of a broader review of OPM's regulations. The purpose of the revision is to make the regulations more readable.
Member Business Loans
Document Number: 05-7835
Type: Proposed Rule
Date: 2005-04-20
Agency: National Credit Union Administration, Agencies and Commissions
NCUA proposes to revise its member business loans (MBL) rule to clarify the minimum capital requirements a federally insured corporate credit union (Corporate CU) must meet to make unsecured MBLs to its members other than member credit unions and corporate credit union service organizations (Corporate CUSOs). NCUA also proposes to revise the definition of ``construction or development loan'' to include loans for renovating or developing property owned by a borrower for income-producing purposes and the definition of ``net worth'' to be more consistent with how that phrase is defined in the Federal Credit Union Act (Act) and NCUA's prompt corrective action regulation (PCA). Additionally, NCUA is soliciting comments on how best to amend the MBL rule to enable credit unions to participate more fully in government guaranteed loan programs.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan (ALWTRP)
Document Number: 05-7816
Type: Rule
Date: 2005-04-20
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the ALWTRP's implementing regulations. These regulations apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,052 square nautical miles (nm\2\) (3,608 km\2\) in April and 1,235 nm\2\ (4,236 km\2\) in May, southeast of Chatham, MA, for 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales).
Federal Motor Vehicle Theft Prevention Standard; Final Listing of Model Year 2006 High-Theft Vehicle Lines
Document Number: 05-7813
Type: Rule
Date: 2005-04-20
Agency: National Highway Traffic Safety Administration, Department of Transportation
This final rule announces NHTSA's determination for model year (MY) 2006 high-theft vehicle lines that are subject to the parts- marking requirements of the Federal motor vehicle theft prevention standard, and high-theft MY 2006 lines that are exempted from the parts-marking requirements because the vehicles are equipped with antitheft devices determined to meet certain statutory criteria pursuant to the statute relating to motor vehicle theft prevention.
Revisions to the Territory of Guam State Implementation Plan, Update to Materials Incorporated by Reference
Document Number: 05-7806
Type: Rule
Date: 2005-04-20
Agency: Environmental Protection Agency
EPA is updating the materials submitted by the Territory of Guam that are incorporated by reference (IBR) into the Territory of Guam State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by the territorial agency and approved by EPA. This update affects the SIP materials that are available for public inspection at the Office of the Federal Register (OFR), Office of Air and Radiation Docket and Information, and the Regional Office.
Service Rules and Procedures To Govern the Use of Aeronautical Mobile Satellite Service Earth Stations in Frequency Bands Allocated to the Fixed Satellite Service
Document Number: 05-7791
Type: Proposed Rule
Date: 2005-04-20
Agency: Federal Communications Commission, Agencies and Commissions
The Federal Communications Commission (FCC) proposes and seeks comment on a regulatory framework for licensing the operation of Aeronautical Mobile Satellite Service (AMSS) systems to communicate with fixed-satellite service (FSS) networks in the Ku-Band frequencies. Aircraft Earth stations (AES) in the AMSS can be used to provide broadband telecommunications services on passenger, government, and executive/private aircraft. This Notice of Proposed Rulemaking (NPRM) also seeks comments on licensing methods for AES terminals that will minimize the burdens upon applicants and licensees, while maintaining operational limitations necessary to avoid harmful interference.
Propiconazole; Re-Establishment of Tolerance for Emergency Exemption
Document Number: 05-7736
Type: Rule
Date: 2005-04-20
Agency: Environmental Protection Agency
This regulation re-establishes a time-limited tolerance for combined residues of the fungicide propiconazole and its metabolites in or on blueberry at 1.0 parts per million (ppm) for an additional 2-1/2 year period. This tolerance will expire and is revoked on December 31, 2007. 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 blueberries. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under FIFRA section 18.
Auction of Direct Broadcast Satellite Licenses
Document Number: 05-7716
Type: Rule
Date: 2005-04-20
Agency: Federal Communications Commission, Agencies and Commissions
The Commission restricts eligibility for the Direct Broadcast Satellite license authorizing use of channels 23 and 24 at the 61.5\0\ W.L. orbit location. Specifically, licensees currently operating satellites at orbit locations capable of providing DBS service to the 50 U.S. states will be prohibited from acquiring, owning, or controlling this license until four years after the award of the initial license.
First-Time Application of International Financial Reporting Standards
Document Number: 05-7706
Type: Rule
Date: 2005-04-20
Agency: Securities and Exchange Commission, Agencies and Commissions
The Commission is adopting amendments to Form 20-F to provide a one-time accommodation relating to financial statements prepared under International Financial Reporting Standards (``IFRS'') for foreign private issuers registered with the SEC. This accommodation applies to foreign private issuers that adopt IFRS prior to or for the first financial year starting on or after January 1, 2007. The accommodation permits eligible foreign private issuers for their first year of reporting under IFRS to file two years rather than three years of statements of income, changes in shareholders' equity and cash flows prepared in accordance with IFRS, with appropriate related disclosure. The accommodation retains current requirements regarding the reconciliation of financial statement items to generally accepted accounting principles as used in the United States (``U.S. GAAP''). In addition, the Commission is amending Form 20-F to require certain disclosures of all foreign private issuers that change their basis of accounting to IFRS.
Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To Delist the Idaho Springsnail; 90-Day Finding on a Petition To List the Jackson Lake Springsnail, Harney Lake Springsnail, and Columbia Springsnail; and Initiation of a 5-Year Review for the Idaho Springsnail
Document Number: 05-7640
Type: Proposed Rule
Date: 2005-04-20
Agency: Fish and Wildlife Service, Department of the Interior
We, the U.S. Fish and Wildlife Service (Service), announce a 90-day finding on a petition to remove (first petition) the Idaho springsnail (Pyrgulopsis idahoensis) from the Federal List of Endangered and Threatened Wildlife and Plants (List) pursuant to the Endangered Species Act (Act), as well as a 90-day finding on a petition to add (second petition) the Jackson Lake springsnail (P. robusta), Harney Lake springsnail (P. hendersoni), and Columbia springsnail (P. spp. A) to the List as endangered or threatened. We find the first petition presents substantial scientific information that delisting the Idaho springsnail may be warranted. We also find that the second petition presents substantial scientific information that listing the Jackson Lake springsnail, Harney Lake springsnail, and Columbia springsnail may be warranted. We are requesting submission of any new information on the Idaho springsnail since its original listing as an endangered species in 1992, and information on the Jackson Lake springsnail, Harney Lake springsnail, and Columbia springsnail. Following this 12-month status review, we will issue 12-month findings on the petition to delist the Idaho springsnail and the petition to list the Jackson Lake springsnail, Harney Lake springsnail, and Columbia springsnail. Section 4(c)(2)(A) of the Act also requires a status review of listed species at least once every 5 years. We are therefore electing to conduct these reviews simultaneously. At the conclusion of these reviews, we will issue the 12-month findings on the petitions, as provided in section 4(b)(3)(B) of the Act, and make the requisite recommendation under section 4(c)(2)(B) of the Act based on the results of the 5-year review for the Idaho springsnail.
Nondiscrimination on the Basis of Disability in Air Travel
Document Number: 05-7544
Type: Proposed Rule
Date: 2005-04-20
Agency: Office of the Secretary, Department of Transportation
On April 5, 2000, the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21) required DOT to provide a technical assistance manual to air carriers and individuals with disabilities concerning their rights and responsibilities under the Air Carrier Access Act and DOT regulations. Several years after the enactment of AIR-21, DOT received funding to develop the Technical Assistance Manual (TAM). This TAM responds to a Congressional mandate and incorporates input from stakeholders. The TAM is being published in the Federal Register to insure a full opportunity for public comment before the document is published in final form.
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