May 6, 2005 – Federal Register Recent Federal Regulation Documents

Negotiated Rulemaking Advisory Commiteee on Minimum Standards for Driver's Licenses and Personal Identification Cards
Document Number: 05-9200
Type: Proposed Rule
Date: 2005-05-06
Agency: Office of the Secretary, Department of Transportation
This document suspends the meeting of the Negotiated Rulemaking Advisory Committee on Minimum Standards for Driver's Licenses and Personal Identification Cards scheduled for May 10-13, 2005. The reason for the action is impending Congressional action, in the near future, concerning the ``REAL ID Act.'' This legislation would repeal section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides the authority for the negotiated rulemaking on this subject.
Mortgagee Time Limits for Supplemental Claims for Additional Insurance Benefits
Document Number: 05-9141
Type: Rule
Date: 2005-05-06
Agency: Department of Housing and Urban Development
This proposed rule would amend HUD's regulations to establish a time limit for filing supplemental multifamily mortgage insurance claims. The time limit established will provide an incentive for mortgagees to complete all mortgage insurance claims in a timely manner.
Vehicle Identification Number Requirements; Technical Amendment
Document Number: 05-9140
Type: Rule
Date: 2005-05-06
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document contains a technical amendment to the agency's Vehicle Identification Number (VIN) requirements. The amendment clarifies the definition of ``model year'' included in that regulation.
Federal Motor Vehicle Safety Standards
Document Number: 05-9139
Type: Proposed Rule
Date: 2005-05-06
Agency: National Highway Traffic Safety Administration, Department of Transportation
This document denies a petition for rulemaking submitted by the Fire Equipment Manufacturers Association (FEMA) to require all new light duty trucks to be equipped with fire extinguishers.
Aging Airplane Safety; Correcting Amendment
Document Number: 05-9138
Type: Rule
Date: 2005-05-06
Agency: Federal Aviation Administration, Department of Transportation
This document makes corrections to the Aging Airplane Safety final rule; disposition of comments published in the Federal Register on February 2, 2005 (70 FR 5518). In that document errors in the amendatory language caused certain subparagraphs in sections 121.368 and 129.33 to be inadvertently retained.
Fisheries of the Economic Exclusive Zone Off Alaska; Deep-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska
Document Number: 05-9126
Type: Rule
Date: 2005-05-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS is prohibiting directed fishing for species that comprise the deep-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the second seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the deep-water species fishery in the GOA has been reached.
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Commercial Haddock Harvest
Document Number: 05-9125
Type: Rule
Date: 2005-05-06
Agency: Department of Commerce, National Oceanic and Atmospheric Administration
NMFS announces that the Administrator, Northeast Region, NMFS (Regional Administrator), is eliminating the daily and maximum haddock trip limits for the groundfish fishery for the remainder of the 2005 fishing year, through April 30, 2006. Accordingly, there is no trip limit on the amount of haddock that can be harvested or landed for the rest of the fishing year for vessels subject to these regulations. The Regional Administrator has projected that less than 75 percent of the haddock target total allowable catch (TAC) will be harvested for the 2005 fishing year under the restrictive daily possession and trip limits. This action is intended to allow fishermen to catch the haddock TAC, without exceeding the TAC.
Revision of Delegations of Authority
Document Number: 05-9114
Type: Rule
Date: 2005-05-06
Agency: Office of the Secretary, Department of Agriculture
This document amends the delegations of authority from the Secretary of Agriculture in order to reflect the Secretary's designation of the General Counsel as the Department official responsible for delegating the authority to other Department heads for considering, ascertaining, adjusting, determining, compromising, and settling, pursuant to the Federal Tort Claims Act (FTCA) and regulations of the Attorney General, claims less than $2500 that allege the negligence or wrongful act of an employee of a certain agency.
Irish Potatoes Grown in Colorado; Relaxation of Handling Regulation for Area No. 2 and Certain Imported Potatoes
Document Number: 05-9110
Type: Proposed Rule
Date: 2005-05-06
Agency: Agricultural Marketing Service, Department of Agriculture
This rule would relax the minimum grade requirements for potatoes handled under the Colorado potato marketing order, Area No. 2. This rule was recommended by the Colorado Potato Administrative Committee for Area No. 2 (Committee), the agency responsible for the local administration of the marketing order. For all potato varieties produced in Area No. 2 measuring from 1\1/2\-inch minimum diameter to 2\1/4\-inch maximum diameter (size B), and from 1-inch minimum diameter to 1\3/4\-inch maximum diameter, this rule changes the minimum grade from U.S. No. 1 to U.S. Commercial. This rule also would relax the minimum grade requirements between October 1 through June 30 of each year for imported red-skinned round type potatoes of the same size categories under the import regulations as required by section 8e of the Agricultural Marketing Agreement Act of 1937. The changes are intended to provide potato handlers and importers with more marketing flexibility, growers with increased returns, and consumers with a greater supply of small potatoes, and to bring the section 8e potato import regulation into conformity with the marketing order.
Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Change in the Minimum Maturity Requirements for Fresh Grapefruit
Document Number: 05-9109
Type: Rule
Date: 2005-05-06
Agency: Agricultural Marketing Service, Department of Agriculture
The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule reducing the minimum maturity requirements for fresh grapefruit under the marketing order for Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida (order). The Citrus Administrative Committee (Committee), which locally administers the order, recommended this change. This rule continues in effect the action that reduced the minimum maturity requirement for soluble solids (sugars) from 8.0 percent to 7.5 percent until July 31, 2005. This action makes additional quantities of grapefruit available for the fresh market and will help reduce the losses sustained by the grapefruit industry during the recent hurricanes in Florida.
Transportation Conformity Rule Amendments for the New PM2.5
Document Number: 05-9086
Type: Rule
Date: 2005-05-06
Agency: Environmental Protection Agency
This final rule adds the following transportation-related PM2.5 precursors to the transportation conformity regulations: nitrogen oxides (NOX), volatile organic compounds (VOCs), sulfur oxides (SOX), and ammonia (NH3). The final rule specifies when each of these precursors must be considered in conformity determinations in PM2.5 nonattainment and maintenance areas before and after PM2.5 state air quality implementation plans (SIPs) are submitted. Today's action also makes a technical correction to a cross- reference of the U.S. Department of Transportation's (DOT) planning regulations in the public consultation procedures of the conformity rule. The Clean Air Act requires federally supported highway and transit projects to be consistent with (``conform to'') the purpose of a SIP. EPA has consulted with DOT on the development of this final rule and DOT concurs with its content.
Special Local Regulations: Annual Suncoast Offshore Grand Prix; Gulf of Mexico, Sarasota, FL
Document Number: 05-9079
Type: Proposed Rule
Date: 2005-05-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to amend the permanent special local regulations for the Suncoast Offshore Challenge and the Suncoast Offshore Grand Prix in the Gulf of Mexico near Sarasota, Florida. By existing permanent special local regulations, these two race events have nearly identical course and time characteristics, however one event is held annually on the first Saturday of July and the other event is held annually on the first Sunday of July. The sponsor has decided to combine the events into a single day, reduced the length of the racecourse, and modified the times of the event which would take place annually on the first Sunday of July between 10 a.m. and 5 p.m. (Eastern Daylight Time). These amended regulations are necessary to provide for the safety of life for the participating vessels, spectators, and mariners on the navigable waters of the United States during the event.
Special Local Regulations; National Maritime Week Tugboat Races, Seattle, WA
Document Number: 05-9078
Type: Rule
Date: 2005-05-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard is permanently amending the special local regulation governing general navigation and anchorage in the vicinity of the Annual National Maritime Week Tugboat Races, Seattle, Washington. Changes made to this regulation will clarify its annual enforcement date. This change is intended to better inform the boating public and to improve the level of safety at this event. Entry into the area established is prohibited unless authorized by the Captain of the Port.
Security Zone; Georgetown Channel, Potomac River, Washington, DC
Document Number: 05-9077
Type: Proposed Rule
Date: 2005-05-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes to establish a temporary security zone on the waters of the upper Potomac River. This action is necessary to provide for the security of a large number of visitors to the annual July 4th celebration on the National Mall in Washington, DC. The security zone will allow for control of a designated area of the river and safeguard spectators and high-ranking officials.
Electronic Tariff Filings
Document Number: 05-9072
Type: Proposed Rule
Date: 2005-05-06
Agency: Department of Energy, Federal Energy Regulatory Commission
The Federal Energy Regulatory Commission is establishing August 1, 2005 as the deadline for comments on the regulatory text changes to accommodate electronic filing proposed in the Commission's July 8, 2004 Notice of Proposed Rulemaking (69 FR 43929) (NOPR). The Commission also is holding a technical conference on May 24, 2005 to discuss the computer software to be used in compliance with the Notice of Proposed Rulemaking. The date for comments on the software and other related aspects of the NOPR's proposal will be established in a subsequent notice. Additionally, the Commission is making available on its Web-site a draft electronic format manual for electronic tariff and rate filings to be made in conformance with the NOPR.
Modification and Revocation of Federal Airways; AK
Document Number: 05-9039
Type: Rule
Date: 2005-05-06
Agency: Federal Aviation Administration, Department of Transportation
This action revokes Jet Route 711 (J-711), modifies Jet Routes 133 and 889R (J-133 and J-889R), and modifies two colored Federal airways (B-25 and A-1) in Alaska. The FAA is taking this action to remove all airways and routes off the Hinchinbrook, AK, Nondirectional Radio Beacon (NDB) in preparation for the NDB's eventual decommissioning from the National Airspace System (NAS).
Revision of Jet Route 94
Document Number: 05-9038
Type: Rule
Date: 2005-05-06
Agency: Federal Aviation Administration, Department of Transportation
This action realigns a segment of Jet Route 94 (J-94) between the Oakland, CA, Very High Frequency Omnidirectional Range/Tactical Air Navigation (VORTAC) and the Mustang, NV, VORTAC. Specifically, the FAA is taking this action to realign the current route segment between the Oakland VORTAC and the Mustang VORTAC that is unusable for navigation. This action will enhance air safety, simplify routings, and reduce controller workload.
Security Zones; Charleston Harbor, Cooper River, SC
Document Number: 05-9036
Type: Proposed Rule
Date: 2005-05-06
Agency: Coast Guard, Department of Homeland Security
The Coast Guard proposes a permanent fixed security zone in the waters from the Don Holt, I-526 Bridge, on the Cooper River to the entrance of Foster Creek on the Cooper River, South Carolina. This security zone is necessary to protect the public and port from potential subversive acts during port embarkation operations. During enforcement of the security zone vessels would be prohibited from entering, transiting, anchoring, mooring, or loitering within this zone, unless specifically authorized by the Captain of the Port, Charleston, South Carolina, or the Captain of the Port's designated representative.
Migratory Bird Hunting; Approval of Iron-Tungsten-Nickel Shot as Nontoxic for Hunting Waterfowl and Coots
Document Number: 05-9022
Type: Proposed Rule
Date: 2005-05-06
Agency: Fish and Wildlife Service, Department of the Interior
The U.S. Fish and Wildlife Service (we, us, or USFWS) proposes to approve shot formulated of 62 percent iron, 25 percent tungsten, and 13 percent nickel as nontoxic for waterfowl and coot hunting in the United States. We assessed possible toxicity effects of the Iron- Tungsten-Nickel (ITN) shot, and have determined that it is not a threat to wildlife or their habitats, and that further testing of ITN shot is not necessary. We have concluded that because all of the metals in ITN shot type have been approved in higher concentrations in other nontoxic shot types and in ITN shot are very unlikely to adversely affect fish, wildlife, their habitats, or the human environment, we do not need to prepare an Environmental Assessment for this action. We believe that the toxicity risks from ITN shot are small. This rule also corrects the formulation of Tungsten-Tin-Bismuth shot. We inadvertently left the iron in the formulation out of our August 9, 2004, approval of the shot type (69 FR 48163).
Airworthiness Directives; Kelly Aerospace Power Systems Part Number (P/N) 14D11, A14D11, B14D11, C14D11, 23D04, A23D04, B23D04, C23D04, or P23D04 Fuel Regulator Shutoff Valves (Formerly Owned by ElectroSystems, JanAero Devices, Janitrol, C&D Airmotive Products, FL Aerospace, and Midland-Ross Corporation)
Document Number: 05-8884
Type: Rule
Date: 2005-05-06
Agency: Federal Aviation Administration, Department of Transportation
The FAA is revising Airworthiness Directive (AD) 2004-25-16, which applies to aircraft equipped with a fuel regulator shutoff valve part number (P/N) 14D11, A14D11, B14D11, C14D11, 23D04, A23D04, B23D04, C23D04, or P23D04 used with B1500, B2030, B2500, B3040, B3500, B4050, or B4500 B-Series combustion heaters. AD 2004-25-16 currently requires you to repetitively inspect the fuel regulator shutoff valve (visually or by pressure test) for fuel leakage and replace the fuel regulator shutoff valve with an improved design replacement part with a manufacturer's date code of 02/02 or later if fuel leakage is found. AD 2004-25-16 also allows you to disable the heater as an alternative method of compliance. Since we issued AD 2004-25-16, we received several comments requesting a revision to paragraph (e)(2). Consequently, this AD retains the actions required in AD 2004-25-16 and revises the requirements in paragraph (e)(2) to remove a required action. We are issuing this AD to prevent failure of the fuel regulator shutoff valve, which could result in fuel leakage in aircraft with these combustion heaters. This failure could result in an aircraft fire.
Medicare Program; Prospective Payment System for Long-Term Care Hospitals: Annual Payment Rate Updates, Policy Changes, and Clarification
Document Number: 05-8878
Type: Rule
Date: 2005-05-06
Agency: Centers for Medicare & Medicaid Services, Department of Health and Human Services
This final rule updates the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs). The payment amounts and factors used to determine the updated Federal rates that are described in this final rule have been determined based on the LTCH PPS rate year July 1, 2005 through June 30, 2006. The annual update of the long-term care diagnosis-related group (LTC-DRG) classifications and relative weights remains linked to the annual adjustments of the acute care hospital inpatient diagnosis-related group system, and will continue to be effective each October 1. The outlier threshold for July 1, 2005 through June 30, 2006 is also derived from the LTCH PPS rate year calculations. We are adopting new labor market area definitions for the purpose of geographic classification and the wage index. We are also making policy changes and clarifications.
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