June 16, 2005 – Federal Register Recent Federal Regulation Documents

The Western Area Power Administration (Western) is proposing revised rates for Pick-Sloan Missouri Basin ProgramEastern Division (P-SMBPED) firm electric and firm peaking power service. Current rates, under Rate Schedules P-SED-F7 and P-SED-FP7, extend through December 31, 2008. The proposed rates will provide sufficient revenue to pay all annual costs, including interest expense, and repayment of required investment within the allowable period. Western will prepare a brochure that provides detailed information on the rates to all interested parties. The proposed rates, under Rate Schedules P-SED-F8 and P-SED-FP8, are scheduled to go into effect on January 1, 2006, and will remain in effect through December 31, 2010. Publication of this Federal Register notice begins the formal process for the proposed rates.

In the Final West Valley Demonstration Project Waste Management Environmental Impact Statement (WVDP WM EIS, Department of Energy (DOE)/EIS-0337, December 2003), DOE considered alternatives for the management of WVDP low-level radioactive waste (LLW), mixed (radioactive and hazardous) LLW (MLLW), transuranic (TRU) waste, and high-level radioactive waste (HLW). DOE prepared the WVDP WM EIS pursuant to the National Environmental Policy Act (NEPA), 42 United States Code (U.S.C.) 4321 et seq., the Council on Environmental Quality's regulations for implementing the National Environmental Policy Act (NEPA) (40 Code of Federal Regulations (CFR) parts 1500- 1508), and DOE's NEPA Implementing Procedures (10 CFR part 1021). To make progress toward fulfilling its responsibilities under the WVDP Act, DOE needs to disposition the wastes that are either currently in storage at the site or that will be generated at the site over the next ten years. DOE evaluated three alternatives for the management of the wastes: A No Action Alternative (Continuation of Ongoing Waste Management Activities), Alternative A (Off-site Shipment of HLW, LLW, MLLW, and TRU Wastes to Disposal), and Alternative B (Off-site Shipment of LLW and MLLW to Disposal, and Shipment of HLW and TRU Waste to Interim Storage [prior to disposal]). Based on the analysis of the potential impacts documented in the EIS, implementation of any of the alternatives would result in very low impacts to human health and the environment. DOE has decided to partially implement Alternative A, the preferred alternative, for the management of WVDP LLW, MLLW, and HLW that are either currently in site over the next ten years: DOE will ship LLW and MLLW off site for disposal in accordance with all applicable regulatory requirements, including permit requirements, waste acceptance criteria (WAC), and applicable DOE Orders. DOE will dispose of LLW and MLLW at commercial sites (such as Envirocare, a commercial radioactive waste disposal site in Clive, Utah), one or both of two DOE sites (the Nevada Test Site [NTS] in Mercury, Nevada; or the Hanford Site in Richland, Washington), or a combination of commercial and DOE sites, consistent with DOE's February 2000 decision regarding LLW and MLLW disposal.\1\ Disposal of WVDP LLW and MLLW at Hanford would be subject to the limits DOE has imposed upon non-Hanford waste receipts in its June 2004 decision regarding waste management at the Hanford Site,\2\ and contingent upon the resolution of ongoing Hanford litigation in which a preliminary injunction has been entered against shipping off site LLW and MLLW to Hanford.

The FAA proposes to adopt a new airworthiness directive (AD) for certain McDonnell Douglas Model DC-10-10, DC-10-10F, DC-10-15, DC- 10-30 and DC-10-30F (KC-10A and KDC-10) airplanes; Model DC-10-40 and DC-10-40F airplanes; and Model MD-11 and MD-11F airplanes. This proposed AD would require for certain airplanes, modifying the thrust reverser command wiring of the number 2 engine. For certain other airplanes, this proposed AD would require modifying the thrust reverser system wiring from the flight compartment to engines 1, 2, and 3 thrust reversers. This proposed AD would also require installing thrust reverser locking systems on certain airplanes. This proposed AD is prompted by a determination that the thrust reverser systems on these McDonnell Douglas airplanes do not adequately preclude unwanted deployment of a thrust reverser. We are proposing this AD to prevent an unwanted deployment of a thrust reverser during flight, which could result in reduced controllability of the airplane.

The Shasta County Resource Advisory Committee (RAC) will meet at the USDA Service Center in Redding, California, June 29, 2005. The purpose of this meeting is to discuss proposed projects under Title II of the Secure Rural Schools and Community Self-Determination Act of 2000.

In notice document 05-10619 beginning of page 30777 in the issue of Friday, May 27, 2005, make the following correction: On page 30777, in the third column, third sentence of Section II ``Award Information'', the language, ``The duration of the project(s) funded by this solicitation is four (4) years'', is incorrect. This sentence should be changed to read, ``The duration of the project(s) funded by this solicitation must be between 30 months and 48 months.''

In notice document 05-10621 beginning on page 30805 in the issue of Friday, May 27, 2005, make the following correction: On page 30805, in the second column, third sentence of Section II ``Award Information'', the language, ``The duration of the project(s) funded by this solicitation is four (4) years'', is incorrect. This sentence should be changed to read, ``The duration of the project(s) funded by this solicitation must be between 30 months and 48 months.''

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) has submitted the following proposal(s) for the collection of information to the Office of Management and Budget for review and approval.

Notice is hereby given that the U.S. International Trade Commission has determined not to review the presiding administrative law judge's (``ALJ's'') initial determination (``ID'') granting complainant's motion to amend the complaint and notice of investigation in the above-captioned investigation to add claims 5 and 6 of U.S. Patent No. 5,517,628.

The Pipeline and Hazardous Materials Safety Administration's Office of Pipeline Safety (OPS) is hosting a public meeting to discuss concerns it has with how operators are applying, interpreting, and evaluating data acquired from In-Line Inspection Devices (ILI), and OPS's expectations about how operators should be effectively integrating this data with other information about the operator's pipeline. The meeting will be held Thursday, August 11, 2005, in Houston, TX, and is open to all interested parties.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on the reporting and recordkeeping requirements associated with the dissemination of unapproved or new uses for marketed drugs, biologics, and devices.

The Food and Drug Administration (FDA) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on information collection requirements for Humanitarian Use Devices.

This order revokes a Secretarial Order in its entirety as it affects the remaining 800 acres of National Forest System land withdrawn for the Bureau of Reclamation's Western Slope Survey/Yampa- White Reclamation Project. This order opens the land to such forms of disposition as may by law be authorized on National Forest System land and to mining.

This order partially revokes two Secretarial Orders insofar as they affect 240 acres of public lands withdrawn for stock driveway purposes. The lands are no longer needed for the purpose for which they were withdrawn. This action will open the lands to surface entry unless closed by overlapping withdrawals or temporary segregations of record.

The North American Wetlands Conservation Council (Council) will meet to select North American Wetlands Conservation Act (NAWCA) grant proposals for recommendation to the Migratory Bird Conservation Commission (Commission). The meeting is open to the public.

The Commander, Eighth Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Tule Lake Vertical Lift Span Highway and Railroad Bridge across the Corpus ChristiPort Aransas Channel, mile 14.0, at Corpus Christi, Nueces County, TX. This deviation allows the bridge to remain closed to navigation for six hours each day for three consecutive days. This temporary deviation is necessary for the repair of the haul rope anchors of the drawbridge.

The Department of Defense cancelled the following Optional Form because of low usage: OF 70A, Fragile Label (2\1/2\ x 2\1/2\'').

This notice announces the Office of the Chief Financial Officer's intention to request revision and extension of the U.S. Department of Agriculture's currently approved information collection in support of debt collection, as required by the Paperwork Reduction Act of 1995, chapter 35, title 44 of the United States Code.

NMFS issues this final rule to implement recreational management measures for the 2005 summer flounder, scup, and black sea bass fisheries. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources.

The Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection and allow 60 days for public comment in response to this notice. This notice solicits comments on the information needed to confirm a student's continued entitlement to Restored Entitlement Program for Survivors.

This notice is to inform interested parties of clarifications made to the Discretionary Funds for Projects to Establish Individual Development Account (IDA) Programs for Refugees published on Monday, June 6, 2005. The following clarifications should be noted: Section IV.3 stated the following: ``3. Submission Dates and Times Due Date for Applications: August 5, 2005.'' The language in section IV.3 is replaced with: ``3. Submission Dates and Times Due Date for Applications: July 21, 2005.'' Executive Summary: A footnote was omitted in relation to the word ``refugee''. The omitted footnote in the Executive Summary should state: Refugee [1] [1] Eligibility for refugee social services includes: (1) Refugees; (2) asylees; (3) Cuban and Haitian entrants under section 501 of the Refugee Education Assistance Act of 1980 (Pub. L. 96-422); (4) certain Amerasians from Vietnam who are admitted to the U.S. as immigrants under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, as included in the FY 1988 Continuing Resolution (Pub. L. 100-202); (5) certain Amerasians from Vietnam who are U.S. citizens under Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1989 (Pub. L. 100-461), 1990 (Pub. L. 101-167), and 1991 (Pub. L. 101-513); and (6) victims of a severe form of trafficking who receive certification or eligibility letters from ORR (see 45 CFR 400.43 and ORR State Letters Number 01-13 as modified by Number 02-01 and Number 04-12 on trafficking victims). For convenience, the term ``refugee'' is used in this notice to encompass all such eligible persons. Additional information on eligibility is available at: https://www.acf.hhs.gov/ programs /orr/policy/sl01-13.htm and https://www.acf.hhs.gov/programs / orr/policy/sl02-01.htm.

This amendment adopts miscellaneous amendments to the required IFR (instrument flight rules) altitudes and changeover points for certain Federal airways, jet routes, or direct routes for which a minimum or maximum en route authorized IFR altitude is prescribed. This regulatory action is needed because of changes occurring in the National Airspace System. These changes are designed to provide for the safe and efficient use of the navigable airspace under instrument conditions in the affected areas.

The Federal Energy Regulatory Commission (Commission) generally reaffirms its determinations in Order No. 2005. Order No. 2005 establishes requirements governing the conduct of open seasons for proposals to construct Alaska natural gas transportation projects, including procedures for allocation of capacity. Pursuant to the directive of section 103(e)(2) of the Alaska Natural Gas Pipeline Act, enacted on October 13, 2004, the regulations promulgated in Order No. 2005 include the criteria for and timing of any open season, promote competition in the exploration, development, and production of Alaska natural gas, and for any open seasons for capacity exceeding the initial capacity, provide for the opportunity for the transportation of natural gas other than from the Prudhoe Bay and Point Thomson units. In this order, the Commission addresses the requests for rehearing and/or clarification of Order No. 2005. Here, we grant rehearing in part, deny rehearing in part, and provide clarification of Order No. 2005. In specific, we: Clarify that the Commission may require design changes necessary to ensure that some portion of a proposed voluntary expansion will be allocated to new shippers or shippers seeking to transport gas from areas other than Prudhoe Bay or Point Thomson, provided such shippers are willing to sign qualifying long-term firm transportation agreements; codify the expanded criteria for evaluating late bids for capacity and the requirement that any late bid contain a good faith showing; in the case of the mandatory pre-review, codify that the plan to be filed by the Commission must contain the open season notice, and eliminates the 30-day prior notice requirement; discuss how the open season rules may apply to jurisdictional gas treatment plants; clarify that capacity bid for the open season is exempt from allocation only in a case where there is also presubscribed capacity, and that in the event there are more than one pre- subscription agreement, bidders in the open season may not cherry-pick among the provisions of the several agreements; clarify the project applicant's obligation to establish a separate entity to conduct the open season; and further codify the requirements of the catchall provision regarding information to be included in an open season notice.