June 2, 2005 – Federal Register Recent Federal Regulation Documents

The Balanced Budget Act of 1997 established the Medicare Payment Advisory Commission (MedPAC) and gave the Comptroller General responsibility for appointing its members. This notice announces two new appointments and three reappointments to fill the vacancies occurring this year.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Department of Transportation's (DOT) intention to request the approval of a new information collection.

Pursuant to its authority under section 502(i) of the Clean Air Act, EPA is publishing this notice of deficiency for the Clean Air Act title V operating permits program of Maricopa County, Arizona. The notice of deficiency is based upon EPA's finding that Maricopa County's title V program does not comply with the requirements of the Clean Air Act or with the implementing regulations of the Operating Permit Program in two respects: permit fees and permit processing. With respect to permit fees, specific deficiencies include the following: Maricopa County has failed to demonstrate that its title V program requires owners or operators of Operating Permit Program sources to pay fees that are sufficient to cover the costs of the County's title V program, and has failed to adequately ensure that its title V program funds are used solely for title V permit program costs; and Maricopa County's fee rule and the implementation of this rule have contributed to delay in issuance of initial title V permits. With respect to permit processing, specific deficiencies include the following: Maricopa County has issued title V permits that do not assure compliance with all applicable requirements; Maricopa County's processing of permit revisions is deficient; and Maricopa County has not demonstrated that it is providing sufficient staffing. Publication of this action is a prerequisite for withdrawal of Maricopa County's title V program approval, but does not effect such withdrawal.

Alabama has applied to EPA for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the State's changes through this immediate final action. EPA is publishing this rule to authorize the changes without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we get written comments which oppose this authorization during the comment period, the decision to authorize Alabama's changes to its hazardous waste program will take effect. If we get comments that oppose this action, we will publish a document in the Federal Register withdrawing this rule before it takes effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize the changes.

The North Pacific Fishery Management Council (Council) has submitted Amendment 79 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). If approved, Amendment 79 would add a management objective to the goals and objectives section of the FMP that would improve the retention of Bering Sea and Aleutian Islands (BSAI) groundfish species where practicable through the establishment of a minimum Groundfish Retention Standard (GRS). This action is intended to promote the management objectives of the Improved Retention/Improved Utilization (IRIU) program, the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This action is necessary to reduce discards and improve utilization in BSAI groundfish fisheries.

NMFS proposes regulations to implement Framework 17 to the Atlantic Sea Scallop Fishery Management Plan (Framework 17) developed by the New England Fishery Management Council (Council). Framework 17 would require that vessels issued a general category scallop permit and that intend to land over 40 lb (18.14 kg) of shucked, or 5 bu (176.2 L) of in-shell scallops, install and operate vessel monitoring systems (VMS). Framework 17 would also allow general category scallop vessels with VMS units to turn off (power-down) the VMS units after they have offloaded scallops and while they are tied to a fixed dock or mooring. Finally, Framework 17 proposes to revise the broken trip adjustment provision for limited access scallop vessels fishing in the Sea Scallop Area Access Program. The intent of this action is to provide more complete monitoring of the general category scallop fleet, to reduce VMS operating costs, and to eliminate a provision that may have a negative influence on vessel operator decisions at sea.

NMFS issues this final rule to implement Amendment 22 to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Amendment 22) prepared by the Gulf of Mexico Fishery Management Council (Council). This final rule provides the regulatory authority to implement a mandatory observer program for selected commercial and for-hire (charter vessel/headboat) vessels in the Gulf of Mexico reef fish fishery. In addition, consistent with the requirements of the Magnuson-Stevens Act, Amendment 22 establishes a stock rebuilding plan, biological reference points, and stock status determination criteria for red snapper in the Gulf of Mexico. The intended effect of this final rule is to contribute to ending overfishing and rebuilding the red snapper resource. Finally, 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 those collections.

Notice is hereby given that the Estuarine Reserves Division, Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce has approved the revised management plan, which includes an expansion of the boundary of the reserve, for the Delaware National Estuarine Research Reserve. The Delaware Reserve was designated in 1993, pursuant to Section 315 of the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1461. The reserve has been operating under a management plan approved in 1993. Pursuant to 15 CFR 921.33(c), a state must revise their management plan every five years. The submission of this plan fulfills this requirement and sets a course for successful implementation of the goals and objectives of the reserve. The Delaware National Estuarine Research Reserve is administered in partnership with the Delaware Department of Natural Resources and Environmental Control. The reserve consists of two component sites that are located thirty miles apart. These components include both brackish and freshwater estuaries and represent the diverse estuarine ecosystems found throughout the Mid-Atlantic region. The Upper Blackbird Creek site in New Castle County is a low salinity brackish or freshwater system that is located in a rural area. The Lower St. Jones River site in Kent County is located just south of the state capital and represents a more saline estuary that has experienced greater impacts from the surrounding development. These diverse settings provide an ideal opportunity to study anthropogenic impacts to natural estuarine and coastal systems and to convey information about the importance of estuarine habitats and functions to the citizens of Delaware. The mission of the reserve is to preserve and manage the natural resources within the two reserve components for research, to provide education and outreach programs that promote better understanding of Delaware's estuarine and coastal areas, and to promote informed coastal decisionmaking. Goals and objectives to advance this mission are identified within the management plan for administration; facilities and construction; public access; education, interpretation and outreach; environmental research and monitoring; and stewardship. Administrative goals for the Delaware Reserve include increasing volunteer activities; coordinating with partners to promote science based management; and ensuring that education, research, monitoring, and land management efforts are supported with staff, facilities and operational necessities. Facilities that were constructed over the past three years at the St. Jones component site will be maintained for reserve and for community and partner use. Education, interpretation and outreach efforts will focus on enhancing public understanding of the function of estuaries and promoting the wise use of estuarine resources to encourage an environmental ethic. Programs for the public, for students, teachers, and coastal decisionmakers will be offered and exhibits at the visitor center will be maintained and updated as needed. The reserve education program will continue to improve the use of Web based tools and public events to promote increased estuarine awareness among target audiences and the general public. The Delaware reserve's research and monitoring program will focus on anthropogenic impacts that contribute to habitat degradation or loss. The reserve research and monitoring goals are to identify the various types, quality, and quantity of habitats available in the estuary to facilitate proper management and protection; and to identify, monitor, and limit the anthropogenic impacts to the estuarine system. Specifically, the reserve will develop an on site library of reference materials and data; collect baseline data and build a database for use in long term studies; promote the use of the reserve within the research community in the study of anthropogenic changes; disseminate important research and monitoring results about Delaware estuaries to key decisionmakers and the scientific community; and increase monitoring. Habitat protection and restoration efforts over the next five years will address controlling invasive species, developing best management practices for agricultural lands surrounding the reserve, monitoring land use decisions within the reserve watershed, and developing conservation plans for all reserve owned property. One hundred and forty seven privately held acres adjacent to the Upper Blackbird Creek component were acquired by the reserve in 2004. Obtaining land adjacent to the Blackbird Creek will ensure that researchers have adequate access to the natural resources of the reserve and will add woodland, marsh and open field upland habitats to this component site. The management plan incorporates the land into the reserve boundary and outlines a plan to phase in public access, education programming, and restoration activities on the new property.

In this document, the Commission adopts new procedures for non-routine earth station applications, and relaxes certain other earth station requirements. These actions are necessary to expedite the licensing of earth stations often used to provide satellite-based broadband Internet access services.

The Commission will conduct a public hearing to receive views from all interested parties about its agenda and priorities for Commission attention during fiscal year 2007, which begins October 1, 2006. Participation by members of the public is invited. Written comments and oral presentations concerning the Commission's agenda and priorities for fiscal year 2007 will become part of the public record.

This notice is to inform interested parties of corrections made to the Community-Based Abstinence Education program announcement that published on May 20, 2005. The following corrections should be noted: Under Section I. Funding Opportunity Description, Program Purpose and Scope, within the seventh paragraph, revise the following sentence from: ``Programs that utilize this definition promote `abstinence Sex education programs that promote the use of contraceptives are not eligible for funding under this announcement.'' To: ``Programs that utilize this definition promote an ``abstinence until marriage message.'' Sex education programs that promote the use of contraceptives are not eligible for funding under this announcement''. Under Section II. Award Information after ``Average Projected Award Amount Per Budget Period: $459,000'' insert the following: Length of Project Periods: Three year project period with 12 month budget periods. Under Section IV.2 Application Submission Information, Content and Form of Application Submission, revise the sentence ``Electronic submission is voluntary'' to state: ``Electronic submission is voluntary, but strongly encouraged.''. The only changes to the Community-Based Abstinence Education program announcement are explicitly stated in this Notice of Correction. All applications must still be sent on or before the deadline date of June 20, 2005.

The Indian Health Service published a document in the Federal Register on April 14, 2005. The document contained eleven erros.

Edison Mission Marketing and Trading, Inc. (EMMT) has applied to renew its authority to transmit electric energy from the United States to Mexico pursuant to section 202(e) of the Federal Power Act.

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Canyons of the Ancients National Monument (Monument) Advisory Committee (Committee), will meet as directed below.

The Commander, Eighth Coast Guard District has issued a temporary deviation from the regulation governing the operation of the Missouri Pacific Railroad Bridge, Mile 196.3, Augusta, Arkansas across the White River. This deviation allows the bridge to remain in the closed-to-navigation position for 7 days from 7 a.m., June 20, 2005, until 7 p.m., June 26, 2005. The deviation is necessary to allow time for making repairs to mechanical components essential to the continued safe operation of the drawbridge.

The Coast Guard is establishing a temporary safety zone encompassing the navigable waters of Rochester Harbor and the Genesee River. This safety zone is necessary to ensure the safety of spectators and vessels from the hazards associated with fireworks displays. This rule will restrict vessel traffic from a portion of Rochester Harbor and the Genesee River, Rochester, New York.

ACCSH will meet June 23-24, 2005 in Washington, DC. This meeting is open to the public. Time and Date: ACCSH will meet from 8:30 a.m. to 4:30 p.m., Thursday, June 23, 2005 and from 8:30 a.m. to Noon, Friday, June 24, 2005. Place: ACCSH will meet at Room N-3437 A-C in the Frances Perkins Building, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210.