August 1, 2005 – Federal Register Recent Federal Regulation Documents

The Food and Drug Administration (FDA) is amending the animal drug regulations by removing the portions reflecting approval of a new animal drug application (NADA) for which FDA has withdrawn approval. NADA 140-828, sponsored by Bayer Corp., provides for use of enrofloxacin to treat poultry. In a notice published elsewhere in this issue of the Federal Register, FDA is announcing the availability of the final decision withdrawing approval of this NADA.

We, the U.S. Fish and Wildlife Service (Service), announce the availability of the draft economic analysis and draft environmental assessment for the proposal to designate critical habitat for the Arkansas River Basin population of the Arkansas River shiner (Notropis girardi) under the Endangered Species Act of 1973 (Act), as amended. The draft economic analysis finds that, over the next 20 years, costs associated with Arkansas River shiner conservation activities are forecast to range from $9 to $11 million per year. In constant dollars, the draft economic analysis estimates there will be an economic impact of $198 million over the next 20 years. The greatest economic impacts are expected to occur to concentrated animal feeding operations, oil and gas production, and water management activities, in that order. Comments previously submitted on the October 6, 2004, proposed rule (69 FR 59859) during both the initial and extended comment periods (April 28, 2005, 70 FR 21987), need not be resubmitted as they have been incorporated into the public record and will be fully considered in preparation of the final rule. We will hold three public informational sessions and hearings (see DATES and ADDRESSES sections).

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add policy regarding notification of potential safety issues under DoD contracts. The proposed rule contains a contract clause requiring contractors to promptly notify the Government of any nonconformance or deficiency that could impact item safety.

The Environmental Protection Agency (EPA) Region III is publishing a direct final notice of deletion of the Rhinehart Tire Fire Dump Superfund Site (Site), located near Winchester (Frederick County), Virginia, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA), is Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final notice of deletion is being published by EPA with the concurrence of the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VDEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed and, therefore, further remedial action pursuant to CERCLA is not appropriate.

EPA is proposing to take direct final action approving State Implementation Plan (SIP) revisions submitted by the State of Utah. On October 19, 2004, the Governor of Utah submitted revisions to Utah's Rule R307-110-12, ``Section IX, Control Measures for Area and Point Sources, Part C, Carbon Monoxide,'' which incorporates a revised maintenance plan for the Salt Lake City carbon monoxide (CO) maintenance area for the CO National Ambient Air Quality Standard (NAAQS). The revised maintenance plan contains revised transportation conformity budgets for the years 2005 and 2019. In addition, the Governor submitted revisions to Utah's Rule R307-110-33, ``Section X, Vehicle Inspection and Maintenance Program, Part C, Salt Lake County,'' which incorporates a revised vehicle inspection and maintenance program for Salt Lake County. EPA is proposing approval of the Salt Lake City CO revised maintenance plan, the revised transportation conformity budgets, the revised vehicle inspection and maintenance program for Salt Lake County, and the revisions to rules R307-110-12 and R307-110- 33. This action is being taken under section 110 of the Clean Air Act. In the ``Rules and Regulations'' section of this Federal Register, EPA is approving the State's SIP revisions as a direct final rule without prior proposal because the Agency views this as a noncontroversial SIP revision and anticipates no adverse comments. A detailed rationale for the approval is set forth in the preamble to the direct final rule. If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment.

This notice of policy decision clarifies three matters relating to practices concerning the recordation of documents pertaining to copyrights. First, it clarifies that a document will be indexed only under the titles appearing in the executed document. Second, it announces an interim practice on redaction of documents submitted for recordation, and states the intention of the Copyright Office to issue a notice of inquiry on the subject. Third, it provides notice that the Copyright Office is issuing a revised Document Cover Sheet.

The Occupational Safety and Health Administration (OSHA) is extending the deadline for commenting on the Request for Information (RFI) on Ionizing Radiation for 120 days, from August 1 to November 28, 2005. OSHA is extending the comment deadline to give stakeholders adequate time to comment on the Biological Effects of Ionizing Radiation (BEIR) VII report on health risks for exposure to low levels of ionizing radiation, which was not issued until June 29, 2005.

NMFS announces that the commercial salmon fishery in the area from the U.S.-Canada Border to Cape Falcon, OR was modified to reopen on June 3, 2005, and close at midnight on June 6, 2005, with a 60- Chinook possession and landing limit for the 4-day open period. Vessels were required to land their fish within 24 hours of any closure of this fishery. All other restrictions remained in effect as announced for 2005 ocean salmon fisheries. This action was necessary to conform to the 2005 management goals, and the intended effect is to allow the fishery to operate within the seasons and quotas specified in the 2005 annual management measures.

EPA is taking direct final action approving a State Implementation Plan (SIP) revision submitted by the Governor of Colorado with a letter dated April 12, 2004. This revision replaces an August 19, 1998 submittal from the Governor and updates the Long-Term Strategy of the Visibility SIP to establish strategies, activities, and plans that constitute reasonable progress toward the National visibility goal. This action is being taken under section 110 of the Clean Air Act.

On July 1, 1999, EPA promulgated regulations to address regional haze (64 FR 35714). These regulations were challenged twice. On May 24, 2002, the U.S. Court of Appeals for the District of Columbia Circuit issued a ruling vacating the regional haze rule in part and sustaining it in part. American Corn Growers Ass'n v. EPA, 291 F.3d 1 (D.C. Cir. 2002). On June 15, 2005, we finalized a rule addressing the court's ruling in that case. On February 18, 2005, the U.S. Court of Appeals for the District of Columbia Circuit issued another ruling vacating the regional haze rule in part and sustaining it in part. Center for Energy and Economic Development v. EPA, No. 03-1222, (D.C. Cir. Feb. 18, 2005) (``CEED v. EPA''). In this case, the court granted a petition challenging provisions of the regional haze rule governing the optional emissions trading program for certain western States and Tribes (the ``WRAP Annex Rule''). Today's proposed rule would revise the provisions of the regional haze rule governing alternative trading programs, and would provide additional guidance that is needed.