April 29, 2005 – Federal Register Recent Federal Regulation Documents

The Office of Personnel Management is issuing interim regulations to implement a provision of the Federal Workforce Flexibility Act of 2004 which provides an agency with the authority to grant a newly appointed or reappointed employee credit for prior work experience that otherwise would not be creditable for the purpose of determining the employee's annual leave accrual rate.

EPA is taking direct final action to approve revisions to the Commonwealth of Pennsylvania's State Implementation Plan (SIP). The revisions were submitted by the Pennsylvania Department of Environmental Protection (PADEP) to establish and require reasonably available control technology (RACT) for the Naval Surface Warfare Center, Caderock Division Ship Systems Engineering Station (NSWCCD- SSES), a major source of nitrogen oxides (NOX). This source is located in Pennsylvania. The EPA is approving this revision to establish RACT requirements in the SIP in accordance with the Clean Air Act (CAA).

EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia to remove the application of oil as an acceptable alternative fugitive dust emissions reduction method, due to an existing prohibition on oil application, on land, found in the Virginia statute. In addition, the revision changes a specific reference from ``Executive Director'' to ``Director''. In the Final Rules section of this Federal Register, EPA is approving the State's SIP submittal 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 adverse comments are received in response to this action, 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 If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

On August 29, 2003, EPA published a final rule approving the emission averaging program for existing sources subject to the state's rule limiting oxides of nitrogen (NOX) emissions in southeast Wisconsin. On November 10, 2004 (69 FR 65069), EPA published a direct final rule approving a revision to the state rule that modifies language to clarify which sources are eligible to participate in the NOX emission averaging program. In addition, the revision creates a separate categorical emission limit for new combustion turbines burning biologically derived gaseous fuels. On November 10, 2004 (69 FR 65117), EPA also published a proposed rule on this revision. The direct final rule stated that if EPA received an adverse comment, EPA would withdraw the direct final rule and address all public comments received in a subsequent final rule based on the proposed rule. EPA received an adverse comment and withdrew the direct final rule on January 10, 2005 (70 FR 1663). This rule responds to the comment received and announces EPA's final action.

In response to a petition, the Alcohol and Tobacco Tax and Trade Bureau proposes to modify the name of the existing ``Santa Rita Hills'' American viticultural area by abbreviating its name to ``Sta. Rita Hills.'' We propose this change to prevent possible confusion between wines bearing the Santa Rita Hills appellation and wines bearing the Santa Rita brand name used by a Chilean winery. The size and boundaries of the existing viticultural area will remain unchanged. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed amendment to our regulations.

The Federal Motor Carrier Safety Regulations (FMCSRs) prohibit States from issuing, renewing, transferring or upgrading a commercial driver's license (CDL) with a hazardous materials endorsement unless the Transportation Security Administration (TSA) has first conducted a security threat assessment of the applicant and determined the applicant does not pose a security risk warranting denial of the hazardous materials endorsement. The FMCSRs currently provide a specific date on which States become subject to the new requirement. This interim final rule amends the FMCSRs to cross-reference the TSA's compliance date as the date when FMCSA's companion requirements also become applicable. Consistent with TSA regulations, FMCSA also reduces the amount of advance notice that States must provide to drivers that a security threat assessment will be performed when they renew a hazardous materials endorsement. This rule is being issued as an IFR because it relates back to an existing substantive IFR published on May 5, 2003. This IFR will be subsumed into that rulemaking when it is finalized. All outstanding comments on these issues will be addressed in that final document.

The Coast Guard is changing the regulations that govern the operation of the Norfolk Southern (NS) Railroad Bridge (NS V2.8) across the Eastern Branch of the Elizabeth River, at mile 2.7, in Norfolk, VA. The final rule allows the NS V2.8 bridge to be operated from a remote location, and to remain open for vessel traffic and to close only for train crossings and periodic maintenance. This rule will make the operation of the bridge more efficient, because currently the bridge only opens on signal, or on signal after notice.

The Federal Transit Administration is revising its rule on state safety oversight of rail fixed guideway systems not regulated by the Federal Railroad Administration (FRA). Since January 26, 1996, when the rule took effect, the agency has gained experience and insight concerning the benefits of and recommended practices for implementing state safety oversight requirements. This final rule revises the State Safety Oversight rule and adds clarifying sections, further specification concerning what the state must require to monitor safety and security of non-FRA rail systems, and incorporates into the body of the regulation material previously incorporated by reference. The revised part should be easier to understand and ensure greater compliance of the State oversight agencies, and enhance the safety and security of the rail systems governed by this part.

The Coast Guard is establishing a moving and fixed security zone around cruise ships entering, departing, mooring or anchoring at the Port of Fredericksted in Saint Croix, U.S. Virgin Islands. This regulation is a security measure designed to protect cruise ships at this port. All vessels, with the exception of cruise ships, are prohibited from entering the moving and fixed security zone around a cruise ship without the express permission of the Captain of the Port San Juan or their designated representative. The current temporary final rule at 33 CFR 165.T07-05-005 will be removed when this final rule is effective because it is unnecessary.

This rule revises delivery addresses, telephone and facsimile numbers; makes a nomenclature change, and corrects a citation error. This rule revises the delivery address for the ENC Encryption Request Coordinator and the office within BIS that receives encryption review requests and reports. The rule also revises the facsimile number for the Office of Exporter Services, corrects the name of the Outreach and Educational Services Division, revises the office to which a voluntary self-disclosure may be sent, revises the title and address of the official to whom a voluntary self-disclosure may be sent, and corrects a citation error. These actions are being taken to reflect the reorganization or movement of certain offices or functions, and to correct an error in the regulations. This action is not intended to have a substantive effect on the rights or obligations of the public.

This proposed rule would set forth the hospice wage index for fiscal year 2006 and identifies the revised labor market and metropolitan statistical areas. This proposed rule would also codify provisions of sections 408 and 946 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.