June 2005 – Federal Register Recent Federal Regulation Documents

This Notice of Proposed Rulemaking (``NPRM'') requests comment on whether we should modify the notice that radio and television station buyers and sellers are required to provide to the public in connection with proposed assignments and transfers of control. This NPRM also seeks comment on whether to eliminate the newspaper publication exemption for non-commercial educational (``NCE'') stations and stations that are the only operating station in their broadcast service in their community of license.

The Defense Base Closure and Realignment Commission published a document in the Federal Register of June 21, 2005, concerning an open meeting to receive comments from the Department of Homeland Security and the Governors and Adjutants General of various states on base realignment and closure actions recommended by the Department of Defense (DoD) that have an impact on the Department of Homeland Security and the militia of the various states. The agenda for the meeting has changed. The Adjutants General Association of the United States, rather than the National Governors' Association, will present comments on base realignment and closure actions recommended by the Department of Defense (DoD) that have an impact on the militia of the various states. The delay of this change notice resulted from a recent change to the agenda and the short time-frame established by statute for the operations of the Defense Base Closure and Realignment Commission. The Commission requests that the public consult the 2005 Defense Base Closure and Realignment Commission Web site, https://www.brac.gov, for updates.

This amendment corrects technical errors in the interim final rule with comment period that appeared in the Federal Register, entitled ``Medicare Program: Changes to the Medicare Claims Appeal Procedures.''

The Food and Drug Administration (FDA) is announcing the availability of a document entitled ``Guidance for Industry: Assessing Donor Suitability and Blood and Blood Product Safety in Cases of Known or Suspected West Nile Virus Infection'' dated June 2005. This guidance document provides revisions to the previously published recommendations for assessing donor suitability and product safety when donors are diagnosed with or suspected of West Nile Virus (WNV) infection based on symptoms and laboratory tests. This guidance revises recommended deferral periods for such donors, and updates information on component retrieval and quarantine. This guidance finalizes the draft ``Guidance for Industry: Assessing Donor Suitability and Blood and Blood Product Safety in Cases of Known or Suspected West Nile Virus Infection'' dated April 2005 and supersedes the final ``Guidance for Industry: Revised Recommendations for the Assessment of Donor Suitability and Blood and Blood Product Safety in Cases of Known or Suspected West Nile Virus Infection'' dated May 2003. Elsewhere in this issue of the Federal Register, FDA is withdrawing the guidance entitled ``Guidance for Industry: Discontinuation of Donor Deferral Related to Recent Fever with Headache as a Symptom of West Nile Virus Infection,'' dated May 2005.

This notice announces the availability of EPA's revised ecological risk assessment and start of the Phase 5 public comment period for the organophosphate pesticide Dichlorvos (DDVP). The public also is encouraged to suggest risk management ideas or proposals to address the risks identified. EPA is developing an Interim Reregistration Eligibility Decision (IRED) for DDVP through the full, 6-Phase public participation process that the Agency uses to involve the public in developing pesticide reregistration and tolerance reassessment decisions. Through these programs, EPA is ensuring that all pesticides meet current health and safety standards.

Pursuant to the Federal Advisory Committee Act, Pub. L. 92- 463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of an Executive Committee meeting (via conference call) of the Board of Scientific Counselors (BOSC). The conference call will focus on reviewing a draft report of the BOSC Particulate Matter/Ozone Research Subcommittee.

This action updates the list of major sources of hazardous air pollutants (HAP) emissions for which regulatory actions have been developed. The source category list is required under section 112(c) of the Clean Air Act (CAA) and was last published in the Federal Register on February 12, 2002. This action meets the requirement in section 112(c)(1) to publish from time to time, but no less often than every 8 years, a list of all major categories and subcategories of sources reflecting revisions since the list was last published. The revisions reflected in this notice have previously been published in actions associated with proposing and promulgating emission standards for individual source categories, and public comments have been requested in the context of those actions. This action does not include any revisions to the schedule for standards provided for by CAA section 112(e).

Indiana 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 proposing to authorize the State's changes through this proposed final action.

As authorized by Pub. L. 105-383 and Pub. L. 107-295, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.- build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a brief description of the proposed service, is listed below. The complete application is given in DOT docket 2005-21688 at https:// dms.dot.gov. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines, in accordance with Pub. L. 105- 383 and MARAD's regulations at 46 CFR Part 388 (68 FR 23084; April 30, 2003), that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels in that business, a waiver will not be granted. Comments should refer to the docket number of this notice and the vessel name in order for MARAD to properly consider the comments. Comments should also state the commenter's interest in the waiver application, and address the waiver criteria given in Sec. 388.4 of MARAD's regulations at 46 CFR Part 388.

NMFS is hosting a public meeting in July 2005, in Santa Ana, California. The purpose of the meeting is to identify programs and projects to be implemented as part of the NOAA Recreational Fisheries Strategic Plan 2005-2010, and to gather input from the public.

The Coast Guard proposes establishing security zones encompassing the Trans-Alaska Pipeline System (TAPS) Valdez Terminal Complex (Terminal) in Valdez, Alaska, the Valdez Narrows Tanker Optimum Track Line, and waters 200 yards around any tank vessel operating within the COTP Prince William Sound zone. These security zones are necessary to protect the TAPS Terminal and tank vessels from damage or injury from sabotage or other subversive acts. Entry of vessels into these security zones is prohibited unless specifically authorized by the Captain of the Port, Prince William Sound, Alaska.

This final rule replaces Special Federal Aviation Regulation 100 (SFAR 100). SFAR 100 allowed Flight Standards District Offices (FSDO) to accept expired flight instructor certificates, expired inspection authorizations for renewals, and expired airman written test reports for certain practical tests from U.S. military and civilian personnel (U.S. personnel) who are assigned outside the United States in support of U.S. Armed Forces operations. This action is necessary to avoid penalizing these U.S. personnel who are unable to meet the regulatory time limits of their flight instructor certificate, inspection authorization, or airman written test report because they are serving outside the United States. The effect of this action is to give these U.S. personnel extra time to meet the eligibility requirements under the current rules.

EPA is today amending its regulations to delete methyl ethyl ketone (MEK) from the list of chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). This action is being taken to comply with a DC Circuit decision and order requiring the Agency to delete MEK. Because this action is being taken to conform the regulations to the court's order, notice and comment are unnecessary, and this rule is effective immediately. Upon promulgation of this rule, facilities will no longer be required under EPCRA section 313 to report releases of and other waste management information on MEK, including those that occurred during the 2004 reporting year.

The Coast Guard is establishing a temporary safety zone on the waters of Commencement Bay, Washington. The Coast Guard is taking this action to safeguard the participants and spectators from the safety hazards associated with the Freedom Fair Air Show. Entry into this zone is prohibited unless authorized by the Captain of the Port, Puget Sound or his designated representatives.

EPA's Office of Pesticide Programs (OPP), in coordination with the EPA Regional Offices, is soliciting applications for projects that further the goals of the Pesticide Environmental Stewardship Program (PESP). Eligible applicants include the 50 States, District of Columbia, U.S. Virgin Islands, Commonwealth of Puerto Rico, any territory or possession of the United States, any agency or instrumentality of a State including State universities, and all federally recognized Tribes. Under this program, assistance agreements will provide financial support to eligible applicants to carry out projects that reduce the risks associated with pesticide use in agricultural and non-agricultural settings. The total amount of funding available for award in FY 2005 is expected to be approximately $470,000, with a maximum funding level of $47,000 per project.

This regulation re-establishes time-limited tolerances for residues of cyprodinil, 4-cyclopropyl-6-methyl-N-phenyl-2- pyrimidinamine in or on onion, dry bulb; onion, green; and strawberry. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). These tolerances will expire on December 31, 2007.

This regulation extends time-limited tolerances for the pesticides listed in Unit II. of the SUPPLEMENTARY INFORMATION. These actions are in response to EPA's granting of emergency exemptions under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of these pesticides. Section 408(l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA) requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA.

EPA will conduct a public meeting on polychlorinated biphenyls (PCBs) to discuss PCB remediation waste and related activities under the Toxic Substances Control Act (TSCA). Information obtained at the meeting will be considered by the Agency in preparing a response to the Office of Management and Budget (OMB) regarding a request for reform of PCB remediation waste disposal activities.