June 17, 2005 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is announcing the availability of a draft report entitled ``Approaches to Establish Thresholds for Major Food Allergens and for Gluten in Food.'' The draft report was prepared by an interdisciplinary group of scientists from FDA's Center for Food Safety and Applied Nutrition (CFSAN). This report was prepared to facilitate the further development of CFSAN's policy for food allergens, including the center's implementation of the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA).

This notice announces the availability of NMFS' final National Gravel Extraction Guidance (Gravel Guidance). In March 2004, NMFS released the draft Gravel Guidance for public comment. Nine comment letters were received from industry groups, state agencies, and unaffiliated citizens. Final revisions to the Gravel Guidance included consideration of these public comments.

In accordance with the Privacy Act of 1974, as amended (Privacy Act), the Department of Education (Department) publishes this notice of a new system of records entitled Evaluation of the Impact of Teacher Induction Programs (18-13-11). Mathematica Policy Research, Inc., in collaboration with the Center for Educational Leadership, is conducting the Evaluation of the Impact of Teacher Induction Programs. The evaluation has been commissioned by the National Center for Education Evaluation and Regional Assistance at the Department's Institute of Education Sciences (IES). The study will address the following questions: (1) Do elementary school teachers who participate in a high- intensity program of induction have increased retention rates as compared to teachers who participate in the induction program that the school district normally offers? (2) If the high-intensity program of induction support is more effective in retaining elementary school teachers, is the increase in teacher retention large enough to warrant the added cost of the program? (3) For teachers who participate in the high-intensity program or the induction program that the school district normally offers, what are the characteristics of those who are retained versus those who leave the school, district, or profession? (4) Does participation in a high-intensity induction program affect teacher practices, as compared to the practices of teachers who participate in the induction program that the district normally offers? (5) Does participation in a high-intensity induction program result in increased student achievement? The system of records will contain information about teachers participating in the evaluation. It will include, but is not limited to the following data: Names; social security numbers; home addresses; home phone numbers; cell phone numbers; e-mail addresses; race/ ethnicity; age; income; marital status; household composition; home ownership; educational background and credentials; and ACT or SAT college examination scores.

As required by the Organic Foods Production Act of 1990 (OFPA), the allowed use of 165 synthetic and non-synthetic substances in organic production and handling will expire on October 21, 2007. In addition, prohibitions on the use of 9 non-synthetic substances will expire in organic production on October 21, 2007. The Agricultural Marketing Service (AMS) is publishing this advance notice of proposed rulemaking (ANPR) to make the public aware of this OFPA requirement. AMS believes that public comment is essential in the review process to determine whether these substances should continue to be allowed or prohibited in the production and handling of organic agricultural products.

This rule increases the assessment rate established for the State of Washington Potato Committee (Committee) for the 2005-2006 and subsequent fiscal periods from $0.002 to $0.0035 per hundredweight of potatoes handled. The Committee locally administers the marketing order which regulates the handling of Irish potatoes grown in Washington. Authorization to assess potato handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins July 1 and ends June 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This notice publishes an amendment to the Colorado River Tribal Health and Safety Code, Article 2, Section 2-403(12) `` Liquor. The code regulates and controls the possession, sale and consumption of liquor within the Colorado River Tribe's Reservation. The land is located on trust land and this Code allows for the possession and sale of alcoholic beverages within the Colorado River Tribe's Reservation and will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.

This notice publishes the La Posta Band of Mission Indians Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the La Posta Band of Mission Indians' Reservation. The land is located on trust land and this Ordinance allows for the possession and sale of alcoholic beverages within the La Posta Band of Mission Indians' Reservation and will increase the ability of the tribal government to control the tribe's liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services.

Applications for the position of Director, Ocean.US are invited. Ocean.US was created by the National Oceanographic Partnership Program (NOPP) to coordinate the development of an operational integrated and sustained ocean observing system (IOOS). Information from the IOOS system will serve national needs for detecting and forecasting oceanic components of climate variability, facilitating safe and efficient marine operations, ensuring national security, managing resources for sustainable use, preserving and restoring healthy marine ecosystems, mitigating natural hazards, and ensuring public health. The Director will coordinate with vested interest groups on collaborative activities that accomplish Ocean.US goals to integrate ocean observing activities. These groups include Federal agencies, universities, private industry, state and local governments, and non- governmental organizations. The Director will develop and oversee broad-scale cooperative efforts and strategies of a national scope associated with coastal and ocean stewardship. The successful candidate will have high-level management experience and the ability to work with a wide range of people and interests to further the goals of Ocean.US and the IOOS. He or she should have demonstrated experience in administration, legislative and public processes, policy development, and constituent affairs. The Director is expected to lead a nation-wide, interagency effort to build coalitions, and should have experience managing staff and negotiating across organizational levels and boundaries. He or she should also have some familiarity with elements of the IOOS, such as Data Management and Communication, Modeling and Analysis, Research, and Education and Outreach. The successful candidate ideally will have a science background, familiarity with the Global Earth Observing System of Systems (GEOSS), the NOPP process, and the Federal spending process, including spending in a legislated, but unappropriated enterprise. He or she must also be able to obtain a security clearance. Applications, which should include a letter of interest, a curriculum vitae, and the names, addresses, and e-mail addresses of at least three references, should be sent to: Ocean.US, 2300 Claredon Blvd Suite 1350, Arlington, VA 22201-3667, Attn: Ms. Nicole Larrain. Review of the applications will begin on June 30, 2005, with a start date of October 1, 2005. The mode of employment will be negotiated, depending on the current employment status of the applicant. The search will remain open until the position is filled. Salary is commensurate with experience.

This notice advises the public that Pioneer Meadows Development, LLC; BCI Properties, LLC; DBJ Holdings, LLC; BB Investment Holdings, LLC; and BPHI, LLC (Applicants) have applied to the Fish and Wildlife Service (Service) for an incidental take permit (permit), pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended (Act). The Applicants have requested a 42-month permit to authorize the incidental take of the endangered Carson wandering skipper (Psuedocopaeodes eunus obscurus, ``skipper'') on 39 acres of habitat associated with the development of a mixed residential and commercial use community within the city limits of Sparks, Nevada. We are requesting comments on the permit application (application) and on whether the proposed Habitat Conservation Plan (HCP) qualifies as a ``low-effect'' HCP eligible for a categorical exclusion under the National Environmental Policy Act (NEPA) of 1969, as amended. We explain the basis for this possible determination in a draft Environmental Action Statement (EAS), which is also available for public review.

In response to an application from the Nevada Department of Wildlife (Applicant), the Fish and Wildlife Service (we, the Service) is considering issuance of an enhancement of survival permit pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA). The permit application includes a proposed programmatic Safe Harbor Agreement (SHA) between the Applicant and the Service. The proposed SHA provides for voluntary habitat restoration, maintenance, enhancement, or creation activities to enhance the reintroduction and recovery of the federally threatened Lahontan cutthroat trout (Oncorhynchus clarki henshawi) within the Northwest Distinct Population Segment. The proposed duration of both the SHA and permit is 30 years. The Service has made a preliminary determination that the proposed SHA and permit application are eligible for categorical exclusion under the National Environmental Policy Act of 1969 (NEPA). The basis for this determination is contained in an Environmental Action Statement, which also is available for public review.