July 13, 2005 – Federal Register Recent Federal Regulation Documents
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Fisheries off West Coast States and in the Western Pacific; Western Pacific Bottomfish Fisheries; Main Hawaiian Islands; Control Date
NMFS announces that persons who enter the bottomfish fishery in the U.S. exclusive economic zone (EEZ) around the main Hawaiian Islands (MHI) after June 2, 2005, (``control date'') are not guaranteed future participation in the fishery if the Western Pacific Fishery Management Council (Council) prepares and NMFS approves a program limiting entry or effort. This action does not commit the Council or NMFS to limit entry, or prevent any other date from being selected for eligibility to participate in the MHI bottomfish fishery. The Council or NMFS may also use other criteria to limit fishing effort or participation in a limited entry program that is developed in the future.
Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations
On June 21, 2005, a proposed rule to amend the regulations implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP) was published in the Federal Register. NMFS is extending the comment period on this proposed rule by 30 days to August 22, 2005, to allow the public a full 60 days to submit comments.
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Eastern Aleutian District of the Bering Sea and Aleutian Islands Management Area
NMFS is prohibiting directed fishing for Pacific Ocean perch in the Eastern Aleutian District of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2005 Pacific Ocean perch total allowable catch (TAC) in the Eastern Aleutian District of the BSAI.
Pesticides; Procedural Regulations for Registration Review
The Food Quality Protection Act (FQPA) of 1996 amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require periodic review of pesticide registrations to ensure that over time they continue to meet statutory standards for registration. FIFRA section 3(g) specifies that EPA establish procedural regulations for conducting registration review and the goal of the regulations shall be Agency review of pesticide registrations on a 15-year cycle. This proposal describes the Agency's proposed approach to the registration review program. The proposed regulation is intended to ensure continued review of pesticides using procedures that provide for public participation and transparency in an efficient manner.
Spirodiclofen; Pesticide Tolerance
This regulation establishes tolerances for residues of spirodiclofen (3-(2,4-dichlorophenyl)-2-oxo-1-oxaspiro[4.5]dec-3-en-4- yl 2,2-dimethylbutanoate) in or on grape; grape, raisin; grape, juice; fruit, citrus, crop group 10; citrus, oil; citrus, juice; fruit, pome, crop group 11; apple, wet pomace; fruit, stone, crop group 12; nut, tree, crop group 14; almond, hulls; and pistachio; and for residues of spirodiclofen and its free enol metabolite (3-(2,4-dichlorophenyl)-4- hydroxy-1-oxaspiro[4,5]dec-3-en-2-one) in or on cattle, fat; cattle, meat byproducts; cattle, meat; goat, fat; goat, meat byproducts; goat, meat; sheep, fat; sheep, meat byproducts; sheep, meat; horse, fat; horse, meat byproducts; horse, meat; milk; and milk, fat. Bayer CropScience requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA).
Federal Motor Vehicle Safety Standards; Occupant Crash Protection
NHTSA received a letter asking us to extend the comment period for the Notice of Proposed Rulemaking (NPRM) to amend the Federal motor vehicle safety standard (FMVSS) for occupant crash protection. The agency has proposed to amend FMVSS No. 208, Occupant crash protection, by establishing a test procedure applicable to vehicles equipped with a child restraint anchorage system, commonly referred to as a ``LATCH'' system, in a front passenger seating position and that comply with advanced air bag requirements through the use of a suppression system. The proposed procedures specify a repeatable, reproducible, and realistic method of attaching child restraints to the LATCH system for the suppression test. To provide interested persons additional time to prepare comments, we are extending the end of the comment period from July 18, 2005, to August 17, 2005. This 30-day extension will allow vehicle manufacturers the appropriate opportunity to review a technical report cited in the NPRM in support of the agency's proposal, and provide more meaningful comments.
Pistachios Grown in the State of California; Termination of Language in Table 3 “Maximum Defect and Minimum Size Levels”
This rule terminates language in Table 3, ``Maximum Defect and Minimum Size Levels,'' of the marketing order regulating pistachios produced in the State of California. This language was erroneously included in Table 3 at the time of promulgation of the order. Removal of the language in the table was unanimously recommended by the Administrative Committee for Pistachios, the committee responsible for local administration of the order.
DoD Freedom of Information Act (FOIA) Program (DoDD 5400.7)
This proposed rule conforms to the requirements of the Electronic Freedom of Information Act Amendments of 1996. It promotes public trust by making the maximum amount of information available to the public, in both hard copy and electronic formats, on the operation and activities of the Department of Defense, consistent with DoD responsibility to protect national security and other DoD interests as provided by applicable law. It also allows a requester to obtain Agency records from the Department of Defense that are available through other public information services without invoking the FOIA.
Airworthiness Directives; Hartzell Propeller, Inc., McCauley Propeller Systems, and Sensenich Propeller Manufacturing Company, Inc. Propellers
The FAA is adopting a new airworthiness directive (AD) for Hartzell Propeller, Inc., McCauley Propeller Systems, and Sensenich Propeller Manufacturing Company, Inc. propellers. This AD requires maintenance actions amounting to an overhaul of the affected propellers. This AD results from the investigation of a failed propeller blade and subsequent inspections of various propeller models returned to service by Southern California Propeller Service, of Inglewood, CA. We are issuing this AD to prevent blade failure that could result in separation of a propeller blade and loss of control of the airplane.
Implementation of Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Reciprocal Bargaining Obligation
In this item, the Commission adopts final rules implementing Section 207 of the Satellite Home Viewer Extension and Reauthorization Act of 2004. Because the Commission has in place existing rules governing good faith retransmission consent negotiations, we conclude that the most faithful and expeditious implementation of the amendments contemplated in the SHVERA is to extend to MVPDs the existing good faith bargaining obligation imposed on broadcasters under our rules. The item accordingly amends the Commission's rules to apply equally to broadcasters and MVPDs. We also conclude that the reciprocal bargaining obligation applies to retransmission consent negotiations between all broadcasters and MVPDs regardless of the designated market area in which they are located. Because the text of the statute applies without qualification to ``television broadcast stations,'' ``multichannel video programming distributors'' and ``retransmission consent agreements,'' the item concludes that the reciprocal bargaining obligation applies to all retransmission consent agreements.
Radio Broadcasting Services; Cromwell and Maysville, OK
The Audio Division dismisses a Petition for Rule Making filed by Charles Crawford, requesting the allotment of Channel 251A at Maysville, Oklahoma, as its first local service. See 69 FR 65119, published November 10, 2004. The document also dismisses a counterproposal filed by Katherine Pyeatt, requesting the allotment of Channel 251A at Crowell, Oklahoma. The parties in this proceeding filed a withdrawal of their respective expression of interest pursuant to Section 1.420(j) of the Commission's rules. It is the Commission's policy to refrain from making a new allotment to a community absent a bona fide expression of interest.
Amendments to the Penny Stock Rules
The Securities and Exchange Commission is amending the definition of ``penny stock'' as well as the requirements for providing certain information to penny stock customers. These amendments are designed to address market changes, evolving communications technology and legislative developments.
Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use; Proposed Amendment of Monograph for Over-the-Counter Bronchodilator Drug Products
The Food and Drug Administration (FDA) is proposing to amend the final monograph (FM) for over-the-counter (OTC) bronchodilator drug products to add additional warnings (e.g., an ``Asthma alert'') and to revise the indications, warnings, and directions in the labeling of products containing the ingredients ephedrine, ephedrine hydrochloride, ephedrine sulfate, epinephrine, epinephrine bitartrate, racephedrine hydrochloride, and racepinephrine hydrochloride. This proposed rule is part of FDA's ongoing review of OTC drug products. FDA is also withdrawing the proposed rule (see the Federal Register of July 27, 1995 (60 FR 38643)) to remove the ephedrine ingredients from the FM.
Cold, Cough, Allergy, Bronchodilator, and Antiasthmatic Drug Products for Over-the-Counter Human Use; Proposed Amendment of the Tentative Final Monograph for Combination Drug Products
The Food and Drug Administration (FDA) is proposing to amend the tentative final monograph (TFM) for over-the-counter (OTC) cough- cold combination drug products to remove the combination of an oral bronchodilator (products containing ephedrine or its salts) and an expectorant, and to reclassify this combination drug product as Category II (not generally recognized as safe and effective for OTC use). FDA is also proposing to classify the combination of an oral bronchodilator and an oral nasal decongestant as Category II. FDA is issuing this notice of proposed rulemaking after considering data and information on the appropriateness of these combination drug products to treat mild asthma. Elsewhere in this issue of the Federal Register, FDA is proposing to amend the final monograph (FM) for OTC bronchodilator drug products to require additional labeling for all ingredients included in the FM. These proposed rules are part of FDA's ongoing review of OTC drug products.
Potassium Triiodide; Pesticide Chemical Not Requiring a Tolerance or an Exemption from Tolerance
EPA is designating the use of the active ingredient, potassium triiodide as a non-food use pesticide when applied to melons, grapes and bananas grown in foreign countries, and is adding an entry to 40 CFR 180.2020 noting the non-food use determination. This determination is based on the Agency's evaluation of data which indicates that dietary exposure to iodide and/or iodine resulting from the application of potassium triiodide to melons, grapes, and bananas is expected, to the extent any is present, to be indistinguishable from the background levels of existing dietary exposure resulting from the naturally- occurring sources of iodine chemicals. The effect of this designation is that EPA does not require that a tolerance or exemption from tolerance under section 408 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a, be established as a condition of registration of the pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et. seq.
Approval and Promulgation of Implementation Plans; State of Missouri
EPA is announcing the approval of an amendment to the statewide NOX rule for the state of Missouri. The purpose of this rule is to reduce the state's contribution to the St. Louis 8-hour ozone nonattainment area. Consequently, the reductions in NOX emissions will also help to reduce the amount of PM2.5 precursors in the area. This action is necessary to complete the process of incorporating the amended rule into Missouri's ozone SIP.
Approval and Promulgation of Air Quality Implementation Plans; Texas; Revisions To Control Volatile Organic Compound Emissions; Correction
EPA issued a direct final rule on March 29, 2005, (70 FR 15769), that approved Texas State Implementation Plan (SIP) revisions. The approved revisions pertain to regulations to control volatile organic compound (VOC) emissions from solvent degreasing processes, cutback asphalt, and motor vehicle fuel dispensing facilities. The language in the March 29, 2005 Federal Register amended the table in 40 CFR 52.2270(c) titled ``EPA Approved Regulations in the Texas SIP''. The amendatory language failed to: Update the table for control of vehicle refueling emissions (Stage II) at motor vehicle fuel dispensing facilities, and add a table heading for cutback asphalt regulations. This document corrects these two mistakes.
Magnuson-Stevens Act Provisions; Fishing Capacity Reduction Program; Pacific Coast Groundfish Fishery; California, Washington, and Oregon Fisheries for Coastal Dungeness Crab and Pink Shrimp; Industry Fee System for Fishing Capacity Reduction Loan
NMFS establishes regulations to implement an industry fee system for repaying a $35,662,471 Federal loan. The loan financed most of the cost of a fishing capacity reduction program in the Pacific Coast groundfish fishery. The industry fee system imposes fees on the value of future groundfish landed in the trawl portion (excluding whiting catcher-processors) of the Pacific Coast groundfish fishery. It also imposes fees on coastal Dungeness crab and pink shrimp landed in the California, Washington, and Oregon fisheries for coastal Dungeness crab and pink shrimp. This action's intent is to implement the industry fee system.
Fisheries off West Coast States and in the Western Pacific; Pelagic Fisheries; Additional Measures to Reduce the Incidental Catch of Seabirds in the Hawaii Pelagic Longline Fishery
This proposed rule would require all Hawaii-based longline fishing vessels to either side-set (set longline gear from the side of the vessel rather than from the stern), or use a combination of other seabird mitigation measures to prevent seabirds, e.g., Laysan and black-footed albatrosses, from being accidentally hooked or entangled, and killed during fishing operations. This proposed rule is also intended to reduce the potential for interaction with endangered short- tailed albatrosses that are known to be in the area in which the fishery operates.
Section 179 Elections
This document contains final regulations relating to the election to expense the cost of property subject to section 179 of the Internal Revenue Code (Code). The regulations reflect changes to the law made by section 202 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 and section 201 of the American Jobs Creation Act of 2004.
Anthropomorphic Test Devices; Hybrid III-10 Year Old Child Test Dummy
Today's NPRM proposes specifications and qualification requirements for the new test dummy that is representative of a 10- year-old child. NHTSA plans to use the new 10-year-old child test dummy to test child restraints under Federal Motor Vehicle Safety Standard No. 213 and in other applications. The dummy has the capability to be placed in a slouched posture, which allows the evaluation of vehicle belt systems under real world occupant conditions.
Federal Acquisition Regulation; Fast Payment Procedures
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by revising fast payment procedures. The proposed revision permits, but does not require, fast payment when invoices and/or outer shipping containers are not marked ``Fast Pay'' provided the contract includes the ``Fast Payment Procedure'' clause. As highlighted in the proposed clause, if the clause is in the contract, the invoices will no longer be rejected, as is the current practice. Instead, they will be paid using either fast payment or normal payment procedures. In addition, the proposed revision deletes the requirement for marking invoices ``No Receiving Report Prepared.''
Radio Broadcasting Services; Burlington and Cary, NC
The Audio Division, at the request of Capstar TX Limited Partnership, licensee of Station WRSN-FM, Channel 230C, Burlington, North Carolina, deletes Channel 230C at Burlington, North Carolina, from the FM Table of Allotments, allots Channel 230C at Cary, North Carolina, as the community's first local FM service, and modifies the license of Station WRSN-FM to specify operation on Channel 230C at Cary. Channel 230C can be allotted to Cary, North Carolina, in compliance with the Commission's minimum distance separation requirements with a site restriction of 35.4 km (22.0 miles) west of Cary. The coordinates for Channel 230C at Cary, North Carolina, are 35- 52-15 North Latitude and 79-09-40 West Longitude.
Radio Broadcasting Services; Covington, OK; Poultney, VT; Silver Springs, NV; Spur, TX; Strong, AR
The Audio Division, at the request of Charles Crawford, allots Channel 296C3 at Strong, Arkansas, as the community's first local FM service. Channel 296C3 can be allotted to Strong, Arkansas, in compliance with the Commission's minimum distance separation requirements with a site restriction of 14.3 km (8.9 miles) north of Strong. The coordinates for Channel 296C3 at Strong, Arkansas, are 33- 14-00 North Latitude and 92-18-00 West Longitude. See SUPPLEMENTARY INFORMATION infra.
Radio Broadcasting Services; Pima, AZ
The Audio Division grants a Petition for Rule Making filed by Calvary Chapel of Tucson requesting the reservation of vacant Channel 296A at Pima, Arizona for noncommercial educational use. See 69 FR 18860, April 9, 2004. A staff engineering analysis determines that Channel *296A can be allotted at Pima in compliance with the Commission's minimum distance spacing requirements at reference coordinates 32-53-36 NL and 109-49-42 WL.
Radio Broadcasting Services; Dallas, Oregon
The Audio Division, on its own motion, grants Petitions for Rule Making filed separately by Northwest Community Radio Project, Dallas, Oregon Seventh-day Adventist Church, Radio Bilingue, Inc. and Lifetime Ministries, Inc. proposing the reservation of vacant Channel 252C3 at Dallas, Oregon for noncommercial educational. See 69 FR 26353, May 12, 2004. A staff engineering analysis determines that Channel *252C3 can be allotted at Dallas Oregon in compliance with the commission's minimum distance spacing requirements at reference coordinates 44-55-06 NL and 123-19-00 WL.
Radio Broadcasting Services; Corydon and Morganfield, KY
At the request of Union County Broadcasting Co., Inc., licensee of Station WMSK-FM, Morganfield, Kentucky, the Audio Division substitutes Channel 237C3 for Channel 237A at Morganfield, reallots Channel 237C3 from Morganfield to Corydon, Kentucky, as the community's first local transmission service, and then modifies the license for Station WMSK-FM to reflect the changes. See 69 FR 75017, December 15, 2004. Channel 237C3 is reallotted at Corydon at Petitioners' proposed site Channel 237C3 is reallotted at Corydon at petitioner's proposed site 11.1 kilometers (6.9 miles) southwest of the community at coordinates 37-41-31 NL and 87-48-45 WL.
Radio Broadcasting Services; Booneville and Guntown, MS
In response to a Notice of Proposed Rule Making, 70 FR 13003 (March 17, 2005), this document substitutes Channel 257C3 for Channel 257A at Booneville, Mississippi, reallots Channel 257C3 to Guntown, Mississippi, and modifies the license of Station WBVV(FM), accordingly. The coordinates for Channel 257C3 at Guntown are 34-21-42 North Latitude and 88-35-34 West Longitude, with a site restriction of 11.1 kilometers (6.9 miles) southeast of the community.
Radio Broadcasting Services; Coosada, Livingston, and Rockford, AL
In response to a multi-docket Notice of Proposed Rulemaking, 70 FR 13002 (March 17, 2005), this Report and Order allots new FM channels in three Alabama communities, including Coosada, Livingston, and Rockford, Alabama. The Audio Division, at the request of Tempest Communications, allots Channel 226A at Coosada, Alabama. as the community's first local aural transmission service. Channel 226A can be allotted to Coosada in compliance with the Commission's technical requirements with a site restriction of 4.3 kilometers (2.7 miles) east of Coosada. The reference coordinates for Channel 226A at Coosada are 32-30-02 North Latitude and 86-17-09 West Longitude. See Supplementary Information, infra.
Radio Broadcasting Services; Fruita and Hotchkiss, CO
This document grants a petition filed by Dana Puopolo proposing the allotment of Channel 255C3 at Fruita, Colorado, as that community's second local service. See 69 FR 51034, published August 17, 2004. This document also grants a counterproposal filed by Hotchkiss Communications by allotting Channel 258C3 at Hotchkiss, Colorado, as its first local service. Channel 255C3 can be allotted to Fruita, Colorado with a site restriction of 14 kilometers (8.7 miles) northeast at coordinates 39-15-05 NL and 108-50-16 WL. This site restriction is necessary to avoid short-spacing to the New FM station, Channel 253C3 at Palisade, Colorado. Channel 258C3 can be allotted to Hotchkiss, Colorado with a site restriction of 3.8 kilometers (2.4 miles) south at coordinates 38-46-03 NL and 107-42-17 WL. This site restriction is necessary to avoid short-spacing to FM Station KEKB, Channel 260C, Fruita, Colorado.
Radio Broadcasting Services; Boyce, LA
The Audio Division has denied the request of Charles Crawford to allot Channel 222A at Boyce, Louisiana. Charles Crawford filed a petition for rule making proposing the allotment of Channel 222A at Boyce, Louisiana, as the community's second local FM transmission service. See 69 FR 61615-16, October 20, 2004. The proposal was dismissed for failure to demonstrate a continuing interest in the requested allotment.
Radio Broadcasting Services; Brawley and Campo, CA
The Audio Division seeks comment on a petition filed by CCR- Brawley IV, LLC, proposing the downgrade from Channel 241B to Channel 241B1 at Brawley, the reallotment of Channel 241B1 from Brawley to Campo, California, and the modification of Station KSIQ(FM)'s license accordingly. Channel 241B1 can be reallotted to Campo in compliance with the Commission's minimum distance separation with a site restriction of 3.9 kilometers (1.4 miles) north at petitioner's requested site. The coordinates for Channel 241B1 at Campo are 32-38-30 North Latitude and 116-28-05 West Longitude. Since Campo is located within 320 kilometers (199 miles) of the U.S.-Mexican border, concurrence of the Mexican government has been requested. In accordance with the provisions of Section 1.420(i) of the Commission's rules, we shall not accept competing expressions of interest for the use of Channel 241B1 at Campo, California.
Imidacloprid; Pesticide Tolerance
This regulation establishes a tolerance for residues of imidacloprid 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2- imidazolidinimine in or on soybean, seed and soybean, meal. Gustafson LLC requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA). EPA is also deleting certain imidacloprid tolerances that are no longer needed as a result of this action.
Facilitating the Use of Cellular Telephones and Other Wireless Devices Aboard Airborne Aircraft
In this document, the Wireless Telecommunications Bureau (WTB) of the Federal Communications Commission (Commission) extends the reply comment deadline established in the Notice of Proposed Rulemaking (NPRM) adopted by the Commission in the Airborne Cellular proceeding. This action is taken to provide interested parties sufficient time within which to respond meaningfully to the relevant issues raised in both the NPRM and in the recently-filed comments in this proceeding.
Test Procedures for Testing Highway and Nonroad Engines and Omnibus Technical Amendments
This regulation revises and harmonizes test procedures from the various EPA programs for controlling engine emissions. It does not change emission standards, nor is it intended to change the emission reductions expected from these EPA programs. Rather, it amends the regulations that describe laboratory specifications for equipment and test fuels, instructions for preparing engines and running tests, calculations for determining final emission levels from measured values, and instructions for running emission tests using portable measurement devices outside the laboratory. These updated testing regulations currently apply to land-based nonroad diesel engines, land- based nonroad spark-ignition engines over 19 kilowatts, and recreational vehicles. The revisions in this final rule will update the regulations to deal more effectively with the more stringent standards recently promulgated by EPA and will also clarify and better define certain elements of the required test procedures. In particular, the amendments better specify the procedures applicable to field testing under the regulations. This action also applies the updated testing regulations to highway heavy-duty diesel engine regulations. This action is appropriate because EPA has historically drafted a full set of testing specifications for each vehicle or engine category subject to emission standards as each program was developed over the past three decades. This patchwork approach has led to some variation in test parameters across programs, which we hope to address by adopting a common set of test requirements. The primary goal of this effort is to create unified testing requirements for all engines, which when implemented will streamline laboratory efforts for EPA and industry. This action will also include other technical changes intended to clarify and better define requirements for several different EPA engine programs. These changes are relatively minor and are technical in scope.
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