April 27, 2005 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSM) is announcing its intention to request approval for the collections of information under 30 CFR 745, State-Federal cooperative agreements; and 30 CFR 887, Subsidence Insurance Program Grants.

The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

The Bureau of Land Management (BLM) is providing the six-month notification to suspend all royalty reductions for the production of heavy oil under the regulations at 43 CFR 3103.4-3(b)(6)(i) and of the termination of availability of further heavy oil relief. In addition, BLM is requesting comments on the conditions under which the suspension of the program should end.

This rule increases the assessment rate established for the California Olive Committee (committee) for the 2005 and subsequent fiscal years from $12.18 to $15.68 per ton of olives handled. The committee locally administers the marketing order regulating the handling of olives grown in California. Authorization to assess olive handlers enables the committee to incur expenses that are reasonable and necessary to administer the program. The current fiscal year began January 1 and ends December 31. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

The Bureau of Land Management (BLM) announces that the Wild Horse and Burro Advisory Board will conduct a meeting on matters pertaining to management and protection of wild, free-roaming horses and burros on the Nation's public lands.

The notice sets forth the schedule and proposed agenda of a forthcoming meeting of the National Assessment Governing Board. This notice also describes the functions of the Board. Notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act. This document is intended to notify members of the general public of their opportunity to attend. Individuals who will need special accommodations in order to attend the meeting (i.e., interpreting services, assistive listening devices, materials in alternative format) should notify Munira Mwalimu at (202) 357-6938 or at Munira.Mwalimu@ed.gov no later than May 2, 2005. We will attempt to meet requests after this date, but cannot guarantee availability of the requested accommodation. The meeting site is accessible to individuals with disabilities.

The Coast Guard proposes a temporary safety zone on the waters of the Wando River, Cooper River, and Charleston Harbor from Hobcaw Yacht Club to Charleston Harbor Marina and from the coast of Mount Pleasant to 150 yards offshore during the Lowcountry Splash swimming event. A temporary safety zone is necessary to prevent commercial or recreational boating traffic from transiting the racecourse. This temporary safety zone will allow the swimmers to safely participate in the event without interfering with vessel traffic.

In response to public comments on the proposed Regulated Navigation Area and Security Zones; High Capacity Passenger Vessels in Alaska, the Coast Guard is re-opening the public comment period an additional 30 days. These actions will afford the public additional time and opportunity to provide the Coast Guard with information regarding the proposed Regulated Navigation Area and Security Zones; High Capacity Passenger Vessels in Alaska.

The FAA proposes to rule and invites public comment on the application to impose and use the revenue from a PFC at Arcata Airport, under the provisions of 49 U.S.C. 40117 and Part 158 of the Federal Aviation Regulations (14 CFR Part 158).

This notice proposes to establish Class E airspace area at Sutton, WV. The development of a Standard Instrument Approach Procedure (SIAP) based on area navigation (RNAV) to serve flights into Braxton County Airport, Sutton, WV under Instrument Flight Rules (IFR) has made this proposal necessary. Controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing the approach. The area would be depicted on aeronautical charts for pilot reference.

In this document, the Commission affirmed the Wireless Telecommunications Bureau's (Bureau) decision to suspend the acceptance of applications for new 900 MHz business and industrial land transportation (B/ILT) licenses. The Commission takes this action to facilitate the auction of 900 MHz B/ILT white space.

The Commission adopted rules which allowed for operation of improved radio frequency identification (RFID) systems in the 433.5- 434.5 MHz (``433 MHz'') band. The rule in Sec. 15.240 required Office of Management and Budget approval and the Commission stated in its previous Federal Register publication that it would announce the effective date of that section when approved. This document announces the effective date of Sec. 15.240.

In this document, the Commission grants the petition of Smith Bagley, Inc. (SBI) seeking a waiver of section 54.400(e) of the Commission's Lifeline and Link-Up eligibility rules to enable eligible residents of the Eastern Navajo Agency in the state of New Mexico to receive enhanced Lifeline and Link-Up support.

The Office of Personnel Management is issuing an interim regulation to implement a change in law that requires the use of the Occupational Safety and Health Administration permissible exposure limit standard for concentrations of airborne asbestos fibers for an environmental differential pay category that covers Federal prevailing rate (wage) employees.

This notice announces the availability of EPA's Reregistration Eligibility Decision (RED) for the pesticide phenmedipham, and opens a public comment period on this document, related risk assessments, and other support documents. EPA has reviewed the low risk pesticide phenmedipham through a modified, streamlined version of the public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants, or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the Agency'') in determining which sites warrant further investigation. These further investigations will allow EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds ten new sites to the General Superfund Section of the NPL.

The FAA is adopting a new airworthiness directive (AD) for certain Raytheon Model Hawker 800XP airplanes. This AD requires inspecting to detect damage of certain wiring in the flight compartment, performing corrective actions if necessary, modifying certain wiring connections, and revising the airplane flight manual. This AD is prompted by reports of miswiring in the power distribution system. We are issuing this AD to ensure that the flightcrew is aware of the source of battery power for certain equipment, and to prevent damage to wiring and surrounding equipment that could result in smoke or fire on the airplane.

The Federal Communications Commission (Commission) announces that a certain rule adopted in its Rural Services proceeding (WT Docket Nos. 02-381, 01-14, and 03-202; FCC 04-166) in 2004, to the extent it contained an information collection requirement that required approval by the Office of Management and Budget (OMB) was approved, and became effective March 10, 2005, following approval by OMB.

The Audio Division, at the request of Clear Channel Broadcasting Licenses, Inc., licensee of Station WRKK-FM, Channel 288A, Sparta, Tennessee, deletes Channel 288A at Sparta, Tennessee, from the FM Table of Allotments, allots Channel 287A at Morrison, Tennessee, as the community's first local FM service, and modifies the license of Station WRKK-FM to specify operation on Channel 287A at Morrison. Channel 287A can be allotted to Morrison, Tennessee, in compliance with the Commission's minimum distance separation requirements with a site restriction of 3.4 km (2.1 miles) northeast of Morrison. The coordinates for Channel 287A at Morrison, Tennessee, are 35-37-27 North Latitude and 85-53-37 West Longitude.

In July 2004, the Federal Communications Commission (FCC) adopted a Report and Order, in the 800 MHz Public Safety Proceeding establishing rules that reconfigure the 800 MHz band to eliminate interference to public safety and other 800 MHz land mobile communication systems. As specified in the Commission's Report and Order, the band reconfiguration process is being overseen by a Transition Administrator (TA) whose duties include providing the Commission with a plan detailing when band reconfiguration will commence in each of the fifty-five 800 MHz National Public Safety Planning Advisory Committee (NPSPAC) regions. On January 31, 2005, the TA filed the plan (Regional Prioritization Plan or RPP), containing a general schedule for implementing 800 MHz band reconfiguration.

This document requests comments on a petition for rule making filed by Nassau Broadcasting III, L.L.C. (``Petitioner''), licensee of FM Station WWOD, Channel 282C3, Hartford, Vermont, and FM Station WXLF, Channel 237A, White River Junction, Vermont. Petitioner requests that the Commission (1) allot Channel 282A to Enfield, New Hampshire as its first local radio broadcast service; (2) reallot Channel 282C3 from Hartford, Vermont, to Keeseville, New York, and modify the license of Station WWOD accordingly; (3) reallot Channel 237A from White River Junction, Vermont, to Hartford, Vermont and modify the license of Station WXLF accordingly; and (4) reallot Channel 231A from Keeseville, New York, to Morrisonville, New York, as that community's first local radio broadcast station. The coordinates for Channel 282A at Enfield, New Hampshire are 43-38-30 North Latitude and 72-08-42 West Longitude, with no site restrictions. The coordinates for Channel 282C3 at Keeseville, New York are 44-31-31 North Latitude and 73-31-07 West Longitude, with a site restriction of 3.8 kilometers (2.3 miles) northwest of Keeseville. The coordinates for Channel 237A at Hartford, Vermont, are 43-43-45 North Latitude and 72-22-22 West Longitude, with a site restriction of 8.1 kilometers (5.0 miles) north of Hartford. The coordinates for Channel 231A at Morrisonville, New York, are 44-40-19 North Latitude and 73-32-17 West Longitude, with a site restriction of 3.0 kilometers (1.9 miles) southeast of Morrisonville.

In this document the Commission takes certain actions intended to conform certain technical rules governing the 764-776 MHz and 794- 806 MHz public safety bands (700 MHz Public Safety Band) to industry consensus standards.

In this document the Commission seeks comment on various proposals governing both technical and operational rules in the 764-776 MHz and 794-806 MHz public safety bands (700 MHz Public Safety Band).

EPA is proposing to revoke exemptions from the requirement of a tolerance for three inert ingredients (dichlorodifluoromethane, dichlorotetrafluoroethane, and trichlorofluoromethane) because these substances are no longer in active Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) pesticide product registrations and/or their use in pesticide products sold in the U.S. has been prohibited under the Clean Air Act for over a decade by EPA's ban on the sale or distribution, or offer for sale or distribution in interstate commerce of certain nonessential products that contain or are manufactured with ozone depleting compounds. These ingredients are subject to reassessment by August, 2006 under section 408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). Upon the issuance of the final rule revoking the tolerance exemptions, five tolerances will be counted as ``reassessed'' for purposes of FFDCA's section 408(q).