April 2005 – Federal Register Recent Federal Regulation Documents
Results 51 - 100 of 585
Central Characterization Project Waste Characterization Program Documents Applicable to Transuranic Radioactive Waste From Los Alamos National Laboratory Proposed for Disposal at the Waste Isolation Pilot Plant
The Environmental Protection Agency (EPA) is announcing the availability of, and soliciting public comments for 30 days on, Department of Energy (DOE) documents applicable to characterization by the Central Characterization Project (CCP) of transuranic (TRU) radioactive waste at the Los Alamos National Laboratory (LANL) proposed for disposal at the Waste Isolation Pilot Plant (WIPP). The documents are available for review in the public dockets listed in ADDRESSES. We will consider public comments received on or before the due date mentioned in DATES. In accordance with EPA's WIPP Compliance Criteria, we conducted an inspection of the Central Characterization Project (CCP) at LANL to verify that, using the systems and processes developed as part of the DOE Carlsbad Office's CCP, DOE can characterize TRU waste consistent with the Compliance Criteria. EPA performed this inspection the week of April 11, 2005. This notice of the inspection and comment period accords with 40 CFR 194.8.
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision Establishing the Western Virginia VOC and NOX
Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Commonwealth of Virginia State Implementation Plan (SIP) establishing a new volatile organic compound (VOC) and nitrogen oxide (NOX) emissions control area. This new area, entitled, the Western Virginia Emissions Control Area, consists of the City of Winchester and Frederick County, Roanoke County, Botetourt County, Roanoke City, and Salem City. EPA is also approving a revision to provide the enabling authority to implement NOX Reasonably Available Control Technology (RACT) in the affected areas. EPA is approving this revision in accordance with the requirements of the Clean Air Act (CAA).
Approval and Promulgation of Air Quality Implementation Plans; Virginia; Revision Establishing the Western Virginia VOC and NOX
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the Commonwealth of Virginia establishing a new volatile organic compound (VOC) and nitrogen oxide (NOX) emissions control area. This new area, entitled, the Western Virginia Emissions Control Area, consists of the City of Winchester and Frederick County which comprise the Northern Shenandoah Valley Ozone Early Action Compact area (EAC), and Roanoke County, Botetourt County, Roanoke City, and Salem City, which comprise the Roanoke EAC. EPA is also proposing to approve the enabling authority to implement NOX Reasonably Available Control Technology (RACT) in the affected areas. 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 more detailed description of the state submittal and EPA's evaluation are included in a Technical Support Document (TSD) prepared in support of this rulemaking action. A copy of the TSD is available, upon request, from the EPA Regional Office listed in the ADDRESSES section of this document. 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.
Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
The Copyright Office of the Library of Congress is proposing regulations for the delivery and format of records of use of sound recordings under two statutory licenses of the Copyright Act.
Facilitating the Use of Cellular Telephones and Other Wireless Devices Aboard Airborne Aircraft
In this document, the Wireless Telecommunications Bureau (WTB) of the Federal Communications Commission (Commission) extends the periods for both the comment and reply comment deadlines established in the Notice of Proposed Rulemaking (NPRM) adopted by the Commission in the Airborne Cellular proceeding. The deadline to file comments is extended from April 11, 2005, to May 26, 2005, and the deadline to file reply comments is extended from May 9, 2005, to June 27, 2005. This action is taken to enable interested parties sufficient opportunity to review complex issues raised by the NPRM and to provide commenters a reasonable period of time to conduct the testing necessary to assess the potential interference issues associated with the use of pico cell systems and wireless devices onboard aircraft.
Airworthiness Directives; PZL-Swidnik S.A. Models PW-5 “Smyk” and PW-6U Gliders
The FAA proposes to adopt a new airworthiness directive (AD) for certain PZL-Swidnik S.A. (PZL-Swidnik) Models PW-5 ``Smyk'' and PW- 6U gliders. This proposed AD would require you to inspect for the minimum dimension of the left side aileron, right side aileron, and airbrake push-rod ends for certain Model PW-5 ``Smyk'' gliders; inspect for the minimum dimension of the aileron, airbrake, and elevator control push-rod ends for certain Model PW-6U gliders; and replace any push-rod end that does not meet the minimum dimension. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Poland. We are issuing this proposed AD to detect and replace any push-rod end that does not meet the minimum dimension, which could result in failure of the control system. This failure could lead to loss of control of the glider.
Airworthiness Directives; Boeing Model 737-600, -700, -700C, -800, and -900 Series Airplanes
The FAA proposes to adopt a new airworthiness directive (AD) for certain Boeing Model 737-600, -700, -700C, -800, and -900 series airplanes. This proposed AD would require replacing brackets that hold the P5 panel to the airplane structure, the standby compass bracket assembly, the generator drive and standby power module, and the air conditioning module. This proposed AD also would require, among other actions, inspecting for wire length and for damage of the connectors and the wire bundles, and doing applicable corrective actions if necessary. This proposed AD is prompted by an electrical burning smell in the flight compartment. We are proposing this AD to prevent wire bundles from contacting the overhead dripshield panel and modules in the P5 overhead panel, which could result in electrical arcing and shorting of the electrical connector and consequent loss of several critical systems essential for safe flight.
Trifluralin; Pesticide Tolerance
This regulation establishes a tolerance for residues of trifluralin in spearmint and peppermint oil under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). The FQPA substantially rewrote section 408 of FFDCA. As a result, the revisions made it necessary, once again, to establish tolerances for mint oils that had previously been deemed unnecessary.
Importation of Christmas Cactus and Easter Cactus in Growing Media From the Netherlands and Denmark
We are proposing to amend the regulations governing the importation of plants and plant products to add Christmas cactus, Schlumbergera spp., and Easter cactus, Rhipsalidopsis spp., from the Netherlands and Denmark to the list of plants that may be imported in an approved growing medium subject to specified growing, inspection, and certification requirements. We are taking this action in response to requests from the Netherlands and Denmark and after determining that Christmas cactus and Easter cactus established in growing media can be imported without resulting in the introduction into the United States or the dissemination within the United States of a plant pest or noxious weed. The proposed change would allow Christmas cactus and Easter cactus established in growing media to be imported into the United States from the Netherlands and Denmark under certain conditions.
Regulations for the Safe Transport of Radioactive Material; Solicitation of Comments on Proposed Changes
The U.S. Nuclear Regulatory Commission (NRC) and the U.S. Department of Transportation (DOT) are jointly seeking comments on proposed changes to the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material (referred to as TS-R-1). The proposed changes were submitted by the U.S. and other IAEA member states and International Organizations, and might necessitate subsequent domestic compatibility rulemakings by both the NRC and the DOT.
Defense Federal Acquisition Regulation Supplement; Radio Frequency Identification; Correction
DoD is issuing a correction to the proposed rule published at 70 FR 20726-20729 on April 21, 2005, pertaining to package marking with passive radio frequency identification tags. The correction eliminates references to UHF Generation 2 tags, clarifies the definition of ``case'', and clarifies instructions for use of data syntax and standards.
Olives Grown in California; Increased Assessment Rate
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.
Avocados Grown in South Florida; Increased Assessment Rate
This rule would increase the assessment rate established for the Avocado Administrative Committee (Committee) for the 2005-06 and subsequent fiscal years from $0.20 to $0.27 per 55-pound bushel container or equivalent of avocados handled. The Committee locally administers the marketing order which regulates the handling of avocados grown in South Florida. Authorization to assess avocado handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal year began April 1 and ends March 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.
Personal Commercial Solication on DoD Installations
On Tuesday, April 19, 2005 (70 FR 20316), The Department of Defense published a proposed rule on ``Personal Commercial Solication on DoD Installations.'' The document includes the draft DD Form 2885, ``Personal Commercial Solication Evaluation,'' which was inadvertently omitted during the previous publication to be published as Appendix C to Part 50. All other information remains unchanged.
Food Additives Permitted for Direct Addition to Food for Human Consumption; Neotame
The Food and Drug Administration (FDA) is responding to objections and is denying requests that it has received for a hearing on the final rule that amended the food additive regulations authorizing the use of neotame as a nonnutritive sweetener in food. After reviewing the objections to the final rule and the requests for a hearing, the agency has concluded that the objections do not raise issues of material fact that justify a hearing or otherwise provide a basis for revoking the amendment to the regulation.
Safety Zone; Charleston, SC
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.
Regulated Navigation Area and Security Zones; High Capacity Passenger Vessels in Alaska
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.
Proposed Establishment of Class D Airspace; Pascagoula, MS
This notice proposes to establish Class D airspace at Pascgoula, MS. A federal contract tower with a weather reporting system is being constructed at the Trent Lott International Airport. Therefore, the airport will meet criteria for Class D airspace. Class D surface area airspace is required when the control tower is open to contain Standard Instrument Approach Procedures (SIAPs) and other Instrument Flight Rules (IFR) operations at the airport. This action would establish Class D airspace extending upward from the surface to and including 2,500 feet MSL within a 4.1mile radius of the airport.
Proposed Establishment of Class E Airspace; Sutton, WV
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.
Amendment of the Commission's Rules
This document amends the Commission's rules to clarify the responsibilities of the Managing Director with respect to financial management matters and with respect to implementation of the Commission's directives in a recent Order released October 3, 2003, concerning the administration of the Universal Service Fund (USF) and Telecommunications Relay Services Fund (TRS Fund). The rules adopted herein are intended to provide clear direction to the Managing Director to respond quickly and efficiently to matters concerning the proper accounting and reporting for the Commission's financial transactions and compliance with relevant and applicable federal financial management and reporting statutes. In addition, we amend our rules to authorize the Billing and Collection Agent for North American Numbering Plan Administration and the Administrators of the USF and the TRS Fund to issue FCC Registration Numbers for carriers who have not previously been assigned one.
Radio Frequency Identification
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.
Air-Ground Telecommunications Services; Correction
The Federal Communications Commission (``Commission'') published in the Federal Register of Wednesday, April 13, 2005, a document, wherein Sec. 22.857 was incorrectly amended. This document corrects that amendment.
Narrowbanding for Private Land Mobile Radio Service
This document specifies the procedures by which forty Private Land Mobile Radio (PLMR) channels, which are located in frequency bands that are allocated primarily for Federal use, are to transition to narrower, more spectrally efficient channels in a process commonly known as ``narrowbanding.'' We take this action because the National Telecommunications and Information Administration (NTIA) has adopted a more rapid narrowbanding schedule in the 150.05-150.8 MHz, the 162.0125-173.2 MHz and 173.4-174 MHz (162-174 MHz), and the 406.1-420 MHz bands (collectively, the Federal bands) than the Commission has required for its licensees.
Prevailing Rate Systems; Environmental Differential Pay for Asbestos Exposure
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.
National Priorities List for Uncontrolled Hazardous Waste Sites, Proposed Rule No. 42
The Comprehensive Environmental Response, Compensation, and Liability Act (``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 proposes seven new sites to the NPL; all to the General Superfund Section of the NPL.
National Priorities List for Uncontrolled Hazardous Waste Sites
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.
Use of Locomotive Horns at Highway-Rail Grade Crossings
On December 18, 2003, FRA published an interim final rule that required that the locomotive horn be sounded while trains approach and enter public highway-rail grade crossings. The interim final rule contained an exception to the above requirement in circumstances in which there is not a significant risk of loss of life or serious personal injury, use of the locomotive horn is impractical, or safety measures fully compensate for the absence of the warning provided by the locomotive horn. Communities that qualify for this exception may create ``quiet zones'' within which locomotive horns would not be routinely sounded. The final rule issued today amends certain provisions of the interim final rule to facilitate the development of quiet zones, while balancing the needs of railroads, States and local communities.
Airworthiness Directives; Raytheon Model Hawker 800XP Airplanes
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.
Title IV Conservators, Receivers, and Voluntary Liquidations; Receivership Repudiation Authorities
The Farm Credit Administration (FCA) is proposing a rule on how the Farm Credit System Insurance Corporation (FCSIC), as receiver or conservator of a Farm Credit System (System) institution, will treat financial assets transferred by the institution in connection with a securitization or in the form of a participation. The rule would resolve issues raised by Financial Accounting Standards Board (FASB) Statement No. 140, Accounting for Transfers and Servicing of Financial Assets and Extinguishment of Liabilities (SFAS 140). Under conditions described in the rule, the FCSIC will not seek to recover or reclaim certain financial assets in exercising its authority to repudiate or disaffirm contracts pursuant to 12 CFR 627.2725(b)(2), (b)(14) and 627.2780(b) and (d). The proposed rule also provides that the FCSIC will not seek to enforce the ``contemporaneous'' requirement of section 5.61(d) of the Farm Credit Act of 1971, as amended (Act) (12 U.S.C. 2277a-10(d)). The proposed rule is substantially identical to receivership rules issued by the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA).
Facilitating the Provision of Spectrum-Based Services to Rural Areas and Promoting Opportunities for Rural Telephone Companies To Provide Spectrum-Based Services
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.
Radio Broadcasting Services; McAlester, Okemah, and Wilburton, OK
The Audio Division requests comment on a petition jointly filed by Little Dixie Radio, Inc., KESC Enterprises, Inc., and Southeastern Oklahoma Radio, LLC, to reallot and change the community of license for Station KESC(FM) from Channel 279C1 at Wilburton, Oklahoma, to Channel 279C1 at Okemah, Oklahoma. To prevent the removal of the sole local aural service at Wilburton, the document proposes to reallot and change the community of license for Station KMCO(FM) from Channel 267C1 at McAlester, Oklahoma to Channel 267C1 at Wilburton, Oklahoma. See Supplementary Information.
Radio Broadcasting Services; Morrison and Sparta, Tennessee
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.
Radio Broadcasting Services; Lahaina and Waianae, HI
In response to a Notice of Proposed Rule Making, 68 FR 2733 (January 21, 2003), this Report and Order reallots Channel 266C, FM Station KLHI, Lahaina, Hawaii, to Waianae, Hawaii, and modifies Station KLHI's license accordingly. The coordinates for Channel 266C at Waianae, Hawaii, are 21-23-51 NL and 158-06-01 WL, with a site restriction of 10.7 kilometers (6.6 miles) southeast of Waianae.
Radio Broadcasting Services; Daytona Beach Shores, FL
This document grants a petition filed by Carmine Tutera requesting the allotment of Channel 258A at Daytona Beach Shores, Florida, as its first local service. See 69 FR 42957, published July 19, 2004. The coordinates for Channel 258A at Daytona Beach Shores are 29-15-06 NL and 81-02-29 WL. There is a site restriction 10.1 kilometers (6.3 miles) northwest of Daytona Beach Shores.
Radio Broadcasting Services; Enfield, NH; Hartford, VT; Keeseville and Morrisonville, NY; White River Junction, VT
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.
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010
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.
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010
In this document the Commission takes certain actions intended to encourage the transition to narrowband technology in the 764-776 MHz and 794-806 MHz public safety bands (700 MHz Public Safety Band).
Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010
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).
Implementation of SHVERA: Procedural Rules
In this document, the Commission adopts procedural rules in compliance with requirements in the Satellite Home Viewer Extension and Reauthorization Act of 2004 (SHVERA). The Commission first prescribes rules for carriage elections on a county basis, unified retransmission consent negotiations, and notifications by satellite carriers to local broadcasters concerning carriage of significantly viewed signals. The Commission also revises the rules for satellite carriers' notices to station licensees when the carrier is going to initiate new local service. Finally, the Commission adopts a procedural rule which exempts satellite carriers from the signal testing requirements of section 339(c)(4) of the Communications Act of 1934, as amended, when local- into-local service is available.
Inert Ingredients; Proposal to Revoke Pesticide Tolerance Exemptions for Three CFC Chemicals
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).
Spiromesifen; Pesticide Tolerance
This regulation establishes a tolerance for: Primary crops for the combined residues of spiromesifen (2-oxo-3-(2,4,6-trimethylphenyl)- 1-oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate) and its enol metabolite (4-hydroxy-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3- en-2-one), calculated as the parent compound equivalents; rotational crops for the inadvertent or indirect combined residues of spiromesifen (2-oxo-3-(2,4,6-trimethylphenyl)-1-oxaspiro[4.4]non-3-en-4-yl 3,3- dimethylbutanoate), its enol metabolite (4-hydroxy-3-(2,4,6- trimethylphenyl)-1-oxaspiro[4.4]non-3-en-2-one), and its metabolites containing the 4-hydroxymethyl moiety (4-hydroxy-3-[4-(hydroxymethyl)- 2,6-dimethylphenyl]-1-oxaspiro[4.4]non-3-en-2-one), calculated as the parent compound equivalents; and livestock commodities for the combined residues of spiromesifen (2-oxo-3-(2,4,6-trimethylphenyl)-1- oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutanoate), and its metabolites containing the enol (4-hydroxy-3-(2,4,6-trimethylphenyl)-1- oxaspiro[4.4]non-3-en-2-one) and 4-hydroxymethyl (4-hydroxy-3-[4- (hydroxymethyl)-2,6-dimethylphenyl]-1-oxaspiro[4.4]non-3-en-2 -one) moieties, calculated as the parent compound equivalents. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Benoxacor; Partial Grant and Partial Denial of Petition, and Amendment of Tolerance to Include S-Metolachlor
EPA is granting, in part, and denying, in part, pesticide petition 7E3489 submitted by Syngenta Crop Protection, Inc., and is amending the tolerance for benoxacor at 40 CFR 180.460 to include a reference to S-metolachlor, in addition to the existing reference to metolachlor. EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 U.S.C. 346a(d)(3) in the Federal Register of August 3, 2003 (68 FR 46620) (FRL-7317-6) announcing the filing of a petition requesting that the tolerance expression for the inert ingredient benoxacor (safener) in 40 CFR 180.460 be amended to remove references to metolachlor and replace it with references to S-metoloachlor. Although EPA finds it is safe to add a reference to S-metolachlor to this tolerance regulation, EPA does not agree that grounds exist to remove the reference to metolachlor. Thus, EPA is granting Syngenta's petition in as far as it seeks to add the reference to S-metolachlor but is denying the request to remove metolachlor.
Revision of User Fees for 2005 Crop Cotton Classification Services to Growers
The Agricultural Marketing Service (AMS) is proposing to raise user fees for cotton producers for 2005 crop cotton classification services under the Cotton Statistics and Estimates Act. The 2004 user fee for this classification service was $1.65 per bale. This proposal would raise the fee for the 2005 crop to $1.85 per bale with the program. The proposed fee and the existing reserve are sufficient to cover the costs of providing classification services, including costs for administration and supervision.
Treble Damages for Failure To Engage in Loss Mitigation
This final rule amends HUD's civil money penalty regulations to reflect HUD's authorization to impose treble damages on a mortgagee for any mortgage for which the mortgagee had a duty but failed to engage in appropriate loss mitigation actions. The final rule follows publication of a proposed rule, takes into consideration the public comments received on the proposed rule, but makes no changes at this final rule stage.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to the Vehicle Inspection and Maintenance Program for the South Central and Northern Regions and New Safety Inspection Program Enhancements for Non-I/M Areas
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This SIP revision amends Pennsylvania's prior, Federally approved enhanced vehicle inspection and maintenance (I/M) SIP, in particular to the I/M test type to apply to sixteen counties (Berks, Blair, Cambria, Centre, Cumberland, Dauphin, Erie, Lancaster, Lackawanna, Lebanon, Lehigh, Luzerne, Lycoming, Mercer, Northampton and York). Pennsylvania had previously adopted (but did not commence) a different form of testing for these counties, which EPA previously SIP-approved. Pennsylvania's revised SIP: Incorporates onboard diagnostic computer system checks for vehicles equipped with second generation onboard diagnostic systems (OBD-II) in the 8-county South Central Region (comprised of Berks, Dauphin, Cumberland, Lancaster, Lebanon, Lehigh and York Counties); applies different I/M test requirements for the South Central Region versus the 8-county Northern Region (comprised of Blair, Cambria, Centre, Erie, Lackawanna, Luzerne, Lycoming and Mercer Counties) in order to address the different air pollution concerns and vehicle fleets of those regions; revises Pennsylvania's motor vehicle safety inspection program (as it applies to forty-two counties not subject to Federal I/M program requirements) to include a visual inspection of safety-subject vehicles for the presence of certain emissions-related components, consistent with visual inspections performed under the I/M program in I/M-subject counties; revises the prior approved I/M SIP to incorporate miscellaneous program changes made by Pennsylvania since commencement of the enhanced I/M program in 1997 in the Pittsburgh and Philadelphia Regions; removes references in the prior approved SIP to the now defunct basic inspection program, which operated in the Allentown/Bethlehem/Easton program area until 1999. EPA proposes to approve Pennsylvania's I/M program revision submitted December 1, 2003, as amended April 24, 2004. This action is being taken under the authority of the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Revision to the Vehicle Inspection and Maintenance Program for the Philadelphia and Pittsburgh I/M Regions
EPA is proposing to approve a State Implementation Plan (SIP) revision submitted by the Commonwealth of Pennsylvania. This revision establishes mandatory onboard diagnostic testing under the Commonwealth's motor vehicle inspection and maintenance (I/M) program, which applies to motorists in the I/M- designated areas (denoted by Pennsylvania as I/M Regions) of Philadelphia and Pittsburgh. This onboard diagnostic I/M testing applies only to 1996-and-newer vehicles that are already subject to Pennsylvania's existing I/M program and that are equipped with second generation on-board diagnostic systems (or OBD-II). The Commonwealth's SIP revision also includes a revised I/M program regulation that is an updated version of the previously approved Pennsylvania I/M SIP. This revised regulation contains minor updates made by Pennsylvania to their I/M program since inception of enhanced I/M testing in the Pittsburgh and Philadelphia areas since 1997. However, these administrative changes (which affect the Commonwealth's entire I/M program in all regions) were also part of a separate I/M program SIP revision submitted by Pennsylvania on December 1, 2003. EPA is addressing those administrative, program-wide changes via a separate, simultaneous rulemaking action on that December 2003 SIP revision. Therefore, those administrative changes are not being readdressed by EPA here. For purposes of this rulemaking action, only changes in the testing regimen applicable to the Philadelphia and Pittsburgh I/M Regions are addressed. The intended effect of this action is to propose approval of the Commonwealth's revised I/M program submitted to EPA on January 30, 2004, as amended on April 29, 2004. This action is being taken under the authority of the Clean Air Act.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Clarification of Visible Emissions Exception Provisions
EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of Maryland Department of the Environment for the purpose of clarifying exception provisions of the visible emissions regulations for several source categories. 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.
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Clarification of Visible Emissions Exception Provisions
EPA is taking direct final action to approve revisions to the Maryland State Implementation Plan (SIP). The revision consists of clarifications to the exception provisions of the Maryland visible emissions regulations. EPA is approving these revisions to the Maryland regulations in accordance with the requirements of the Clean Air Act.
Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Closure of the Quarter II Fishery for Loligo Squid
NMFS announces that the directed fishery for Loligo squid in the Exclusive Economic Zone (EEZ) will be closed effective 0001 hours, April 25, 2005. Vessels issued a Federal permit to harvest Loligo squid may not retain or land more than 2,500 lb (1,134 kg) of Loligo squid per trip for the remainder of the quarter (through June 30, 2005). This action is necessary to prevent the fishery from exceeding its Quarter II quota and to allow for effective management of this stock.
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