April 28, 2005 – Federal Register Recent Federal Regulation Documents

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Off-Highway Vehicle (OHV) Study, Mark Twain National Forest, Madison, WA, and Wayne Counties, MO
Document Number: 05-8482
Type: Notice
Date: 2005-04-28
Agency: Department of Agriculture, Forest Service
The Forest Service will prepare an environmental impact statement (EIS) to analyze and disclose the environmental effects of proposed activities within the three OHV Study project areas. The three OHV Study project areas are located on National Forest System lands administered by the Potosi/Fredericktown and Poplar Bluff Ranger Districts is southeast Missouri. The legal descriptions of the three study areas are as follows: Palmer Study AreaThis study area would be located on the Potosi Unit of the Potosi/Fredericktown Ranger District in Washington County, approximately 12 miles southwest of Potosi, Missouri. This trail system would be managed for a variety of motorized vehicles, including jeeps and dune buggies. Trailheads and parking areas would also be constructed at some locations. Cherokee Pass Study AreaThis study area would be located on the Fredericktown Unit of the Potosi/Fredericktown Ranger District in Madison County, approximately seven miles south of Fredericktown, Missouri. This trail system would be managed for ATV and equestrian use. Other motorized vehicles such as motorcycles, jeeps, and dune buggies, would not be allowed. Trailheads and parking areas would also be constructed at some locations. Blackwell Ridge Study AreaThis study area would be located on the Poplar Bluff Ranger District in Wayne County, approximately 1\1/2\ mile north of Williamsville, Missouri. This trail system would be managed for ATV and motorcycles. Other motorized four-wheel drive vehicles, jeeps, and dune buggies, would not be allowed. Trailheads and parking areas would also be constructed at some locations. The primary purpose of this project is to study OHV use and users to guide future management options on OHV trail opportunities and use. This study will also evaluate equipment impacts to natural resources. Social impacts, such as customer satisfaction, demographics of trail users, and compatibility between trail users, would also be studied. The Mark Twain National Forest needs to determine if designating more motorized trails can be done in a manner that not only provides for this recreational use, but also addresses environmental concerns. It is hoped that by providing additional designated OHV trails, OHV users would avoid undesignated roads and trails and, thereby, the overall environmental damage from unauthorized use can be reduced. Observations by OHV managers locally and from other states indicate that when OHV riders have designated areas to ride, they are more likely to stay on designated routes. Therefore, the OHV customer, the resource manager, and the environment should all benefit from this study. Resource managers would be able to direct OHV customers to a designated trail system where impacts are confined, minimized, evaluated, monitored, and mitigated. With this study, OHV customers would know they are in an area where they can legally ride in a setting they enjoy. The Forest Service can promote responsible OHV use, better communicate with this forest user group, promote local partnerships for conservation education and OHV trail maintenance, and evaluate resource and social impacts. The focus of this study is to evaluate OHV use in three separate study locations and publish an evaluation of what is learned. The results of this study would be used to guide future management decisions on OHV trail management here and elsewhere in the National Forest System. At the end of the study period, unless the study is modified or terminated early, a separate decision, following the National Environmental Policy Act process, would be made as to whether or not to designate all, part, or none of the three areas as permanent OHV trails. The data collected from this study and other ongoing national studies would be used to corroborate and assist in making that decision.
Information Collection Submitted to the Office of Management and Budget (OMB) for Renewal Under the Paperwork Reduction Act; 1018-0115; USFWS Training Records, Application for FWS Training Request
Document Number: 05-8481
Type: Notice
Date: 2005-04-28
Agency: Fish and Wildlife Service, Department of the Interior
We (Fish and Wildlife Service) have submitted to OMB a request to renew approval for information collection associated with our Training Application (FWS Form 3-2193). Applicants who wish to participate in training sponsored by the Fish and Wildlife Service National Conservation Training Center (NCTC) must complete a training application, which is available in both electronic (Internet) and hard copy versions.
Reestablishment of the Edward R. Madigan United States Agricultural Export Excellence Award Board of Evaluators
Document Number: 05-8480
Type: Notice
Date: 2005-04-28
Agency: Department of Agriculture, Foreign Agricultural Service
Notice is hereby given that the Secretary of Agriculture intends to reestablish the Edward R. Madigan United States Agricultural Export Excellence Award Board of Evaluators. The Secretary of Agriculture has determined that the Board is necessary and in the public interest.
Notice of Lodging of Consent Decree Under the Clean Air Act
Document Number: 05-8475
Type: Notice
Date: 2005-04-28
Agency: Department of Justice
Notice of Lodging of Consent Decree Under the Clean Air Act
Document Number: 05-8474
Type: Notice
Date: 2005-04-28
Agency: Department of Justice
Health Promotion and Disease Prevention; Correction
Document Number: 05-8473
Type: Notice
Date: 2005-04-28
Agency: Department of Health and Human Services, Indian Health Service
The Indian Health Service published a document in the Federal Register on April 14, 2005. The document contained one error.
Agency Information Collection Activities: Proposed Collection; Comments Requested
Document Number: 05-8472
Type: Notice
Date: 2005-04-28
Agency: Civil Division, Department of Justice
Petitioning Requirements for the O and P Nonimmigrant Classifications
Document Number: 05-8471
Type: Proposed Rule
Date: 2005-04-28
Agency: Department of Homeland Security
This rule proposes to amend the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) regulations to enable petitioners to file O and P nonimmigrant petitions up to one year prior to the petitioners' need for the alien's services. By extending the filing time requirement for O and P petitions, USCIS will be able to adjudicate petitions in a timely fashion and ensure that, if approvable, such petitions will be approved prior to the date of the need for the alien's services, which is often dictated by a scheduled event, competition or performance.
High Chemical Co. et al.; Proposal to Withdraw Approval of 13 New Drug Applications; Opportunity for a Hearing; Withdrawal
Document Number: 05-8470
Type: Notice
Date: 2005-04-28
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is withdrawing a notice that published in the Federal Register on January 28, 2005 (70 FR 4134). This notice is being reissued elsewhere in this issue of the Federal Register
High Chemical Co. et al.; Proposal to Withdraw Approval of 13 New Drug Applications; Opportunity for a Hearing; Reissuance
Document Number: 05-8469
Type: Notice
Date: 2005-04-28
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is reissuing the notice announcing an opportunity to request a hearing on the agency's proposal to withdraw approval of 13 new drug applications (NDAs) from multiple sponsors. The basis for the proposal is that the sponsors have repeatedly failed to file required annual reports for these applications. In the Federal Register of January 28, 2005 (70 FR 4134), FDA published a notice announcing an opportunity for a hearing on the agency's proposal to withdraw approval of 13 NDAs from multiple sponsors. That notice published with an inadvertent error; in a document published elsewhere in this issue of the Federal Register, the agency is withdrawing that notice.
Guidance for Industry and Food and Drug Administration Staff; Class II Special Controls Guidance Document: Dental Bone Grafting Material Devices; Availability
Document Number: 05-8468
Type: Notice
Date: 2005-04-28
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of the guidance entitled ``Class II Special Controls Guidance Document: Dental Bone Grafting Material Devices.'' This guidance document describes a means by which class II dental bone grafting material devices may comply with the requirement of special controls. Elsewhere in this issue of the Federal Register, FDA is publishing a final rule to reclassify tricalcium phosphate (TCP) granules for dental bone repair from class III (premarket approval) to class II (special controls), classify into class II (special controls) other bone grafting material for dental indications, and revise the classification name and identification of the device.
Dental Devices; Reclassification of Tricalcium Phosphate Granules and Classification of Other Bone Grafting Material for Dental Bone Repair
Document Number: 05-8467
Type: Rule
Date: 2005-04-28
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is reclassifying tricalcium phosphate (TCP) granules for dental bone repair from class III to class II (special controls), classifying into class II (special controls) other bone grafting material for dental indications, and revising the classification name and identification of the device type. Bone grafting materials that contain a drug that is a therapeutic biologic will remain in class III and continue to require a premarket approval application. The classification identification includes materials such as hydroxyapatite, tricalcium phosphate, polylactic and polyglycolic acids, or collagen. This action is being taken to establish sufficient regulatory controls that will provide reasonable assurance of the safety and effectiveness of these devices. Elsewhere in this issue of the Federal Register, FDA is announcing the availability of the guidance document that will serve as the special control for the class II devices.
Guidance for Reviewers on Evaluating the Risks of Drug Exposure in Human Pregnancies; Availability
Document Number: 05-8466
Type: Notice
Date: 2005-04-28
Agency: Food and Drug Administration, Department of Health and Human Services
The Food and Drug Administration (FDA) is announcing the availability of a guidance for reviewers entitled ``Reviewer Guidance: Evaluating the Risks of Drug Exposure in Human Pregnancies.'' This guidance is intended to help FDA staff evaluate human fetal outcome data generated after medical product exposures during pregnancy. The goal of such evaluations is to assist in the development of product labeling that is useful to medical care providers when they care for patients who are pregnant or planning pregnancy. The review of human pregnancy drug exposure data and assessment of fetal risk (or lack of risk) requires consideration of human embryology and teratology, pharmacology, obstetrics, and epidemiology. Consequently, FDA staff also are encouraged to consult with experts in these fields, as appropriate. The guidance announced in this document finalizes the draft guidance entitled ``Guidance for Reviewers: Evaluation of Human Pregnancy Outcome Data'' announced in the Federal Register of June 4, 1999.
Fisheries of the Northeastern United States; Atlantic Herring Fishery
Document Number: 05-8464
Type: Rule
Date: 2005-04-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces final specifications for the 2005 fishing year for the Atlantic herring (herring) fishery, which will be maintained through the 2006 fishing year unless stock and fishery conditions change substantially. This action includes one minor regulatory language change that reflects a previously approved measure in the Fishery Management Plan for Herring (FMP). The intent of this final rule is to promote the development and conservation of the herring resource.
Endangered and Threatened Species; Take of Anadromous Fish
Document Number: 05-8463
Type: Notice
Date: 2005-04-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
Notice is hereby given that NMFS has received two scientific research permit applications and two modification requests relating to Pacific salmon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts.
Submission for OMB Review: Comment Request for Review of a Revised Information Collection: Standard Form 1153
Document Number: 05-8460
Type: Notice
Date: 2005-04-28
Agency: Office of Personnel Management, Personnel Management Office, Agencies and Commissions
In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the U.S. Office of Personnel Management (OPM) submitted to the Office of Management and Budget (OMB) a request for review of a revised information collection. Standard Form 1153, Claim for Unpaid Compensation of Deceased Civilian Employee, is used to collect information from individuals who have been designated as beneficiaries of the unpaid compensation of a deceased Federal civilian employee or who believe that their relationship to the deceased entitles them to receive the unpaid compensation of a deceased Federal civilian employee. OPM needs this information in order to adjudicate the claim and properly assign a deceased Federal civilian employee's unpaid compensation to the appropriate individuals(s). We received no comments on our 60-day notice on Standard Form 1153, published in the Federal Register on November 26, 2004. Approximately 3,000 SF 1153 forms are submitted annually. It takes approximately 15 minutes to complete the form. The annual estimated burden is 750 hours. For copies of this proposal, contact Mary Beth Smith-Toomey on (202) 606-8358, FAX (202) 418-3251, or e-mail to mbtoomey@opm.gov. Please include a mailing address with your request.
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Amendment 2
Document Number: 05-8450
Type: Rule
Date: 2005-04-28
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is implementing approved measures contained in Amendment 2 to the Monkfish Fishery Management Plan (FMP). Amendment 2 was developed to address essential fish habitat (EFH) and bycatch issues, and to revise the FMP to address several issues raised during the public scoping process. This rule implements the following measures: a new limited access permit for qualified vessels fishing south of 38[deg]20' N. lat.; an offshore monkfish fishery in the Southern Fishery Management Area (SFMA); a maximum roller-gear disc diameter of 6 inches (15.2 cm) for trawl gear vessels fishing in the SFMA; closure of two deep-sea canyon areas to all gears when fishing under the monkfish days-at-sea (DAS) program; establishment of a research DAS set-aside program and a DAS exemption program; a North Atlantic Fisheries Organization (NAFO) Regulated Area Exemption Program; adjustments to the monkfish incidental catch limits; a decrease in the monkfish minimum size in the SFMA; removal of the 20- day block requirement; and new additions to the list of actions that can be taken under the framework adjustment process contained in the FMP. The intent of this action is to provide efficient management of the monkfish fishery and to meet conservation objectives. Also, NMFS informs the public of the approval by the Office of Management and Budget (OMB) of the collection-of-information requirements contained in this final rule and publishes the OMB control numbers for these collections.
Airworthiness Directives; McDonnell Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), and MD-88 Airplanes
Document Number: 05-8404
Type: Rule
Date: 2005-04-28
Agency: Federal Aviation Administration, Department of Transportation
This amendment supersedes an existing airworthiness directive (AD), applicable to certain McDonnell Douglas Model DC-9-81 (MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, and MD-90-30 airplanes. The existing AD currently requires repetitive inspections to detect cracking of the main landing gear (MLG) shock strut pistons, and replacement of a cracked piston with a new or serviceable part. This amendment removes certain airplanes but requires that the existing inspections, and corrective actions if necessary, be accomplished on additional MLG shock strut pistons. This amendment also requires replacing the MLG shock strut pistons with new improved parts, which would terminate the repetitive inspections. The actions specified by this AD are intended to prevent fatigue cracking of the MLG pistons, which could result in failure of the pistons and consequent damage to the airplane structure or injury to airplane occupants. This action is intended to address the identified unsafe condition.
Airworthiness Directives; Boeing Model 737-300, -400, and -500 Series Airplanes Modified in Accordance With Supplemental Type Certificate (STC) ST00127BO
Document Number: 05-8402
Type: Rule
Date: 2005-04-28
Agency: Federal Aviation Administration, Department of Transportation
The FAA is correcting a typographical error in an existing airworthiness directive (AD) that was published in the Federal Register on March 14, 2005 (70 FR 12401). The error resulted in specifying a non-existing part number. This AD applies to Boeing Model 737-300, - 400, and -500 series airplanes modified in accordance with STC ST00127BO. This AD requires installation of bonding straps to the safe side harnesses of the digital transient suppression device of the fuel quantity indicating system.
Conforming Amendments to Implement the No Child Left Behind Act of 2001
Document Number: 05-8257
Type: Rule
Date: 2005-04-28
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
This final rule deletes provisions of parts 31 and 36 that will become obsolete on May 31, 2005, the effective date of the final rule implementing the No Child Left Behind Act of 2001.
Implementation of the No Child Left Behind Act of 2001
Document Number: 05-8256
Type: Rule
Date: 2005-04-28
Agency: Department of the Interior, Bureau of Indian Affairs, Indian Affairs Bureau
This final rule addresses six areas involving Indian education: Defining adequate yearly progress; establishing geographic attendance areas for Bureau of Indian Affairs-funded schools (Bureau- funded schools); establishing a formula for the minimum amount necessary to fund Bureau-funded schools; establishing a system of uniform direct funding and support for Bureau-operated schools; providing guidelines to ensure the Constitutional and civil rights of Indian students; and establishing a method for administering grants to tribally controlled schools. The rule implements the provisions of the No Child Left Behind Act of 2001.
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