April 21, 2005 – Federal Register Recent Federal Regulation Documents
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Notice of Availability of Draft Document Concerning the Identification of EU Administrative Units
We are advising the public that a draft document has been prepared by the Animal and Plant Health Inspection Service that identifies the smallest administrative jurisdictions within 11 Member States of the European Union that we would consider ``regions'' in the event of future animal disease outbreaks. The draft document refers to these jurisdictions as ``administrative units'' and also reevaluates the administrative units already identified for Italy. We are making this draft document available to the public for review and comment.
Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject application to modify an existing Exempted Fishing Permit (EFP) contains all the required information and warrants further consideration. The Assistant Regional Administrator has also made a preliminary determination that the activities authorized under the EFP would be consistent with the goals and objectives of the Northeast (NE) Multispecies Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made to issue the EFP. Therefore, NMFS announces that the Assistant Regional Administrator proposes to recommend that an EFP be issued to modify a recently approved EFP by allowing additional exemptions from the regulations governing the fisheries of the Northeastern United States. The EFP would add an exemption from the FMP as follows: The Gulf of Maine (GOM) Rolling Closure Area III; Western GOM Closure Area for the month of May 2005; and the minimum gillnet mesh size for the month of May 2005. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.
Fisheries of the Exclusive Economic Zone Off Alaska; Notice of Crab Rationalization Program Public Workshop
NMFS will present a public workshop on the new Crab Rationalization Program (Program) for participants in the Bering Sea and Aleutian Islands (BSAI) king and Tanner crab fisheries. At this workshop, NMFS will provide an overview of the Program, discuss the key Program elements, provide information on the application process, and answer questions. This workshop is specifically intended to address issues related to the Arbitration System portion of the Program. NMFS is conducting this public workshop to provide assistance to fishery participants in complying with the requirements of this new Program.
Gulf of Mexico Fishery Management Council; Public Meetings
The Gulf of Mexico Fishery Management Council will convene public meetings. See SUPPLEMRNTARY INFORMATION for specific meeting schedule.
Commission Information Collection Activities, Proposed Collection; Comment Request; Submitted for OMB Review
In compliance with the requirements of Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, the Federal Energy Regulatory Commission (Commission) has submitted the information collection described below to the Office of Management and Budget (OMB) for review and reinstatement of this information collection requirement. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission received no comments in response to an earlier Federal Register notice of January 31, 2005 (70 FR 4831-32) and has made this notation in its submission to OMB.
Notice of Application Accepted for Filing and Soliciting Motions To Intervene, Protests and Comments
Office of Safe and Drug-Free Schools-Grants for School-Based Student Drug-Testing Programs
The Assistant Deputy Secretary for Safe and Drug-Free Schools proposes eligibility and application requirements, priorities, and selection criteria under Safe and Drug-Free Schools and Communities National Programs for the School-Based Student Drug-Testing Programs. The Assistant Deputy Secretary may use these requirements, priorities, and selection criteria for competitions in fiscal year 2005 and later years. We take this action to focus Federal financial assistance on an identified national need. We intend for these priorities to increase the use of drug testing as a means to deter student drug use.
Office of Vocational and Adult Education (OVAE)-Tech-Prep Demonstration Program
On April 14, 2005, we published in the Federal Register (70 FR 19741) a notice inviting applications for new awards under OVAE's Tech- Prep Demonstration Program (TPDP). On page 19743, second column, the Deadline for Transmittal of Applications is corrected to read ``May 24, 2005.''
Culturally Significant Objects Imported for Exhibition Determinations: “Caravan Kingdoms: Yemen and the Ancient Incense Trade”
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Caravan Kingdoms: Yemen and the Ancient Incense Trade'', imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners. I also determine that the exhibition or display of the exhibit objects at the Arthur M. Sackler Gallery of the Smithsonian Institution, from on or about June 25, 2005, until on or about September 11, 2005, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.
Culturally Significant Objects Imported for Exhibition Determinations: “Jacob van Ruisdael: Master of Landscape”
Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects to be included in the exhibition ``Jacob van Ruisdael: Master of Landscape,'' imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners. I also determine that the exhibition or display of the exhibit objects at the Los Angeles County Museum of Art, from on or about June 26, 2005, until on or about September 18, 2005, and the Philadelphia Museum of Art, from on or about October 23, 2005, until on or about February 5, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register.
Endangered Species; Permits No. 1509 and 1522
Notice is hereby given that Michael Salmon (Permit No. 1509) and Kenneth Lohmann (Permit No. 1522) have been issued permits to take endangered and threatened sea turtles for purposes of scientific research.
Endangered and Threatened Wildlife and Plants; Initiation of a 5-Year Review of Listed Sea Turtles
We, the FWS and NMFS (collectively the Services), announce a 5-year review of the green turtle (Chelonia mydas), hawksbill turtle (Eretmochelys imbricata), Kemp's ridley turtle (Lepidochelys kempii), leatherback turtle (Dermochelys coriacea), loggerhead turtle (Caretta caretta), and olive ridley turtle (Lepidochelys olivacea) under the Endangered Species Act of 1973, as amended (ESA). A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. It is based on the best scientific and commercial data available at the time of the review. New data are available since the last reviews were completed in 1985 for the green turtle and in 1995 for the hawksbill, Kemp's ridley, leatherback, loggerhead, and olive ridley turtles. Therefore, the Services are initiating a 5-year status review and soliciting information and comments pertaining to these species from any interested party. Based on the results of this 5-year review, we will make the requisite findings under the ESA.
Tobacco Inspection, Growers Referendum
This notice announces that a referendum will be conducted by mail during the period May 9-13, 2005, for producers of all kinds of tobacco who sold their tobacco at auction on designated markets in 2004/05. The referendum is being conducted to determine if the designation of all existing tobacco auction markets should be terminated, thus eliminating the requirement for mandatory, federal inspection and grading for the 2005 and succeeding crop years.
Milk for Manufacturing Purposes and Its Production and Processing; Requirements Recommended for Adoption by State Regulatory Agencies
This document proposes to amend the recommended manufacturing milk requirements (Recommended Requirements) by providing provisions for sheep milk, adding follow-up procedures used when plant-commingled milk in storage tanks exceeds the maximum allowable bacterial estimate, and providing a definition for heat-treated cream. The notice to add to the Recommended Requirements was initiated at the request of the Dairy Division of the National Association of State Departments of Agriculture (NASDA) and developed in cooperation with NASDA, the Food and Drug Administration (FDA), dairy trade associations, and producer groups. This document also proposes certain other changes to the Recommended Requirements for clarity and consistency.
Vidalia Onions Grown in Georgia; Change in Assessment Requirements
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule changing the assessment collection requirements prescribed under the Vidalia onion marketing order (order). The order regulates the handling of Vidalia onions grown in Georgia and is administered locally by the Vidalia Onion Committee (Committee). This rule continues in effect the action that allows handlers to mail their assessment payments to the Committee office without incurring late payment penalties as long as the payment is postmarked on or before the due date. Prior to this change, assessment payments received in the Committee office later than 4 p.m. on the Tuesday following the week in which shipments were made were subject to late payment penalties.
Hazelnuts Grown in Oregon and Washington; Establishment of Final Free and Restricted Percentages for the 2004-2005 Marketing Year
The Department of Agriculture is adopting, as a final rule, without change, an interim final rule establishing final free and restricted percentages for domestic inshell hazelnuts for the 2004-2005 marketing year under the Federal marketing order for hazelnuts grown in Oregon and Washington. This rule continues in effect the final free and restricted percentages of 6.4921 and 93.5079 percent, respectively. The percentages allocate the quantity of domestically produced hazelnuts which may be marketed in the domestic inshell market (free) and the quantity of domestically produced hazelnuts that must be disposed of in approved outlets (restricted). Volume regulation is intended to stabilize the supply of domestic inshell hazelnuts to meet the limited domestic demand for such hazelnuts with the goal of providing producers with reasonable returns. This rule was recommended unanimously by the Hazelnut Marketing Board (Board), which is the agency responsible for local administration of the marketing order.
Public Meeting
The Antitrust Modernization Commission will hold a public meeting on May 9, 2005. The purpose of the meeting is for the Antitrust Modernization Commission to approve plans (including proposed requests for public comment and public hearings) for studying issues selected by the Commission in its January 13 and March 24, 2005, meetings.
United States Standards for Grades of Bunched Italian Sprouting Broccoli
The Agricultural Marketing Service (AMS), prior to undertaking research and other work associated with revising official grade standards, is soliciting comments on the possible revisions to the United States Standards for Grades of Bunched Italian Sprouting Broccoli. At a 2003 meeting with 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 identified broccoli crowns and florets for possible inclusion into the standards. Additionally, AMS is seeking comments regarding any other revisions of the broccoli grade standards that may be necessary to better serve the industry.
National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List
The U.S. Environmental Protection Agency (EPA) Region IX announces the deletion of the Firestone Tire and Rubber Company Superfund Site in Salinas, Monterey County, California from the National Priorities List (NPL). The NPL is Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended. EPA and the State of California, through the California Department of Toxic Substances Control (DTSC), have determined that the remedial action for the site has been successfully executed.
Good Neighbor Environmental Board Meeting
The next meeting of the Good Neighbor Environmental Board, a Federal advisory committee that reports to the President and Congress on environmental and infrastructure projects along the U.S. border with Mexico, will take place in Washington, DC, on May 10, 2005. It is open to the public.
Proposed Reissuance of General NPDES Permits (GP) for Alaskan Mechanical Placer Mining (Permit Number AKG-37-0000) and Alaskan Medium-Size Suction Dredging (Permit Number AKG-37-1000)
On October 3, 2005, two general permits regulating the activities of mechanical placer mining and suction dredge mining for gold placer mining operations in the State of Alaska expire. EPA proposes to reissue these two general permits with minor changes. EPA is proposing to make these permits effective as the previous general permits expire. This is also notice of EPA's issuance of a Finding of No Significant Impact (FNSI) for NPDES permit AKG-37-0000.
Agency Information Collection Activities: Continuing Collection; Comment Request; Information Collection Request for RCRA Reporting and Recordkeeping Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste, EPA ICR Number 1361.10, OMB Control Number 2050-0073
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that EPA is planning to submit the following continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB): Information Collection Request for RCRA Reporting and Recordkeeping Requirements for Boilers and Industrial Furnaces (BIFs) Burning Hazardous Waste, EPA ICR Number 1361.10, OMB Control Number 2050-0073, expires 12/31/2005. This ICR includes the burden on these facilities by the general hazardous waste facility standards, specific unit requirements, Part B permit application and modification requirements, and the comparable/syngas fuel specification requirements covered by 40 CFR parts 261, 264, 265, 266 and 270. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below.
Bank Holding Companies and Change in Bank Control
This correction amends a footnote reference in the text of 12 CFR part 225, Appendix A.
Amendment to Rule 4-01(a) of Regulation S-X Regarding the Compliance Date for Statement of Financial Accounting Standards No. 123 (Revised 2004), Share-Based Payment
The Securities and Exchange Commission (``SEC'' or ``Commission'') is amending Regulation S-X to amend the date for compliance with Statement of Financial Accounting Standards No. 123 (revised 2004), Share-Based Payment (``Statement No. 123R'') so that each registrant that is not a small business issuer will be required to prepare financial statements in accordance with Statement 123R beginning with the first interim or annual reporting period of the registrant's first fiscal year beginning on or after June 15, 2005. We also are amending the effective date for compliance with Statement No. 123R so that each small business issuer will be required to prepare financial statements in accordance with Statement 123R beginning with the first interim or annual reporting period of the registrant's first fiscal year beginning on or after December 15, 2005.
Pipeline Safety: Grant of Waiver; Tractebel Power, Inc.
The Pipeline and Hazardous Materials Safety Administration's (PHMSA), formerly the Research and Special Programs Administration (RSPA), Office of Pipeline Safety (OPS) is granting Tractebel Power, Inc.'s (TPI) petition for a waiver of the pipeline safety regulations to employ a 1.0 longitudinal joint factor (LJF) for austenitic stainless steel pipe in its Tractebel Calypso Pipeline (TCP) project.
FOIA Fee Schedule Update
The Defense Nuclear Facilities Safety Board is publishing its annual update to the Freedom of Information Act (FOIA) Fee Schedule pursuant to 10 CFR 1703.107(b)(6) of the Board's regulations.
Office of Arms Control and Nonproliferation; Proposed Subsequent Arrangement
This notice is being issued under the authority of Section 131 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160). The Department is providing notice of a proposed ``subsequent arrangement'' under Article 5 Paragraph 2 of the Agreement for Cooperation Between the Government of the United States of America and the People's Republic of Bangladesh Concerning Peaceful Uses of Nuclear Energy and the Government of the United States of America and the Government of the Republic of Korea Concerning Civil Uses of Atomic Energy. This subsequent arrangement concerns the retransfer of U.S.-origin reactor parts to the Bangladesh Atomic Energy Commission's TRIGA Mark II research reactor from the Ministry of Science and Technology of the Republic of Korea. The items to be transferred are: Eight control rod drive motors; one servo motor; eight magnets; twenty-one limit switches; eight mounting barriers; three electro-mechanical choppers; six instruments and indicators for period, fuel and water temperature, and percent power; six rod position indicators; two mode switch assemblies; three potentiometers; five relays; ten magnetic-craft relays; five mercury wetted contact relays; three AC relays; twenty-one control panel circuit boards; 150 pilot lamps; and two fuel handling tools. The Government of Bangladesh has provided formal assurances that the replacement parts will be subject to the U.S.-Bangladesh Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy upon entry in Bangladesh and will not be re-transferred to a third party without prior approval of the United States. In accordance with Section 131 of the Atomic Energy Act of 1954, as amended, we have determined that this subsequent arrangement will not be inimical to the common defense and security. This subsequent arrangement will take effect no sooner than fifteen days after the date of publication of this notice.
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